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HomeMy WebLinkAbout4/4/2000• MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, APRIL 4, 2000 - 9:00 A.M. County Commission Chamber County Administration Building 184025 1h Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Fran B. Adams, Chairman (District 1) Caroline D. Ginn, Vice Chairman (District 5) Kenneth R. Macht (District 3) Ruth M. Stanbridge (District 2) John W. Tippin (District 4) L_J James E. Chandler, County Administrator Terrence P. O'Brien, Acting County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION Chaplain Ray Scent, I.R. Mem. Hosp. 3. PLEDGE OF ALLEGIANCE Terrence P. O'Brien 4. ADDITIONS/DELETIONS to the AGENDAIEMERGENCY ITEMS 1. Move Item5.A., Proclamation Designating the Week of April 9-15, 2000 as Crime Victims' Rights Week in Indian River County, to Item 7.L. 2. Add Item 5.D., Proclamation Designating the Week of April 10-15, 2000 as First Strike - A Campaign Against Violence Week. 3. Add Item 13.A., Discuss Ordinance 1999-021 Establishing Regulations Governing Alarms responded to by Law Enforcement Agencies. 4. Add Item 13.D., Update regarding the Division of State Lands Case (Lost Tree Islands). 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation Designating the Week of April 9- 15, 2000 as Crime Victims' Rights Week in Indian River County B. Presentation of Proclamation Designating the Month of April, 2000 as Census Month in Indian River County, Florida 2 C. Presentation of Proclamation in Observing April 8-15, 2000 as National Blue Ribbon Week in Indian River County 3 r Sol, L N —.1_ ' :.a ;r�i;L 600K L (L 6. APPROVAL OF MINUTES None BACKUP PAGES 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: St. Johns Water Management District Annual Financial Audit for 1998-99 B. Approval of Warrants (memorandum dated March 16, 2000) 412 C. Approval of Warrants (memorandum dated March 24, 2000) 13-24 D. Caf6 Patio Alteration (memorandum dated March 27, 2000) 25-26 E. Sea Oaks Investments Ltd. Request for Release of a Portion of an Easement at 1235 East Winding Oaks Circle (memorandum dated March 24, 2000) 27-33 F. Vernon G. Foster's Request for Final PD Plan/Plat Approval for Pelican Pointe Phase II Planned Development (PD) (memorandum dated March 28, 2000) 34-50 G. Approval of Florida Communities Trust Closing Documents for County Cost -Share Purchase of the Casey Parcels (Round Island South), and the Salama and Emerson Parcels (Oslo Riverfront South) (memorandum dated March 28, 2000) 51-73 H. 1999 PEP Reef Sea Turtle Nesting Season Report (memorandum dated March 28, 2000) 7490 I. Shooting Range — Project No. 9629 (memorandum dated March 14, 2000) 91-92 J. Recently Acquired Property — Tax Cancellation (memorandum dated March 14, 2000) 93-99 K. Payments to Vendors of Court Related Costs (memorandum dated March 23, 2000) 100-101 BACKUP 8. CONSTITUTIONAL OFFICERS and PAGES GOVERNMENTAL AGENCIES Gary C. Wheeler: Notice of Request for Public Hearing, 1999 Local Law Enforcement Block Grant (LLEBG) (letter dated March 27, 2000) 102-103 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Wayne Klekamp's Request for PD (Planned Develop- ment) Special Exception Use and Preliminary PD Plan Approval for an Agricultural PD to be Known as White Gate (memorandum dated March 28, 2000) 104119 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ± 8.21 ACRES LOCATED APPROXIMATELY A QUARTER MILE SOUTH OF 37'*H STREET AND ± 492 FEET NORTH OF 33RD STREET, FROM L-1, LOW- DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACRE) TO C/I, COMMERCIAL/INDUSTRIAL; AND BY CHANGING THE LAND USE DESIGNATION FOR ± 8.21 ACRES LOCATED ON THE NORTH SIDE OF BAPTIST RETIREMENT CENTER, ± 470 FEET SOUTH OF 37TH STREET, FROM C/I, COMMERCIAL/INDUS- TRIAL TO L-1, LOW-DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACRE); AND PROVIDING SEVERABILITY AND EFFECTIVE DATE (Legislative) I.R. Mem. Hospital and Kennedy Groves, Inc., Request to Amend the Comprehensive Plan to Redesignate ±8.21 Acres from L-1 to C/I, and to Rezone those ±8.21 Acres from RS -3 to MED; and to Amend the Comprehensive Plan to Redesignate ±8.21 Acres from C/I to L-1, and to Rezone those ±8.21 Acres from MED to RM -3 (memorandum dated March 17, 2000) 120-157 B. PUBLIC DISCUSSION ITEMS 1. Bibble Irvin Request to Speak Re: the Beach Set Line Plus More Important Information (no backup) 2. Alonzo Sharpe Request to Speak to the Board Regard- ing Code Enforcement Action Against his Property at 10385 130`x' Avenue (memorandum dated March 28, 2000) 158-181 BOOK 9. PUBLIC ITEMS (cout'd.): 3. Appeal by 21" Century Satellite Communications, Inc. of a Planning and Zoning Commission Denial of an After -the -fact Request for a 110' "Camouflaged" Tower in Lakewood Village Mobile Home Park (memorandum dated March 29, 2000) lb BACKUP PAGES 182-223 C. PUBLIC NOTICE ITEMS Scheduled for Public Hearing on April 11, 2000: 1. Sun -Up of Indian River and others' request to rezone ±40 acres located on the south side of 5" Street, S.W., ±655 feet east of 27`h Avenue from RS -6, Single - Family Residential District (up to 6 units/acre), to RM -6, Multiple -Family Residential District (up to 6 units/acre) (Quasi -Judicial) 2. County initiated request to rezone:0.37 acres located at the northeast corner of 27h Avenue and 14t` Street, S.W. from CG, General Commercial District, to RS -6, Single -Family Residential District (up to 6 units/acre) (Quasi -Judicial) (memorandum dated March 24, 2000) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development 1. Discussion of Agricultural Planned Developments (memorandum dated March 27, 2000) 224 225-264 2. Consideration of Recommendations from the Wabasso Corridor Plan On-going Review Task Force and the "CR 510 East Corridor Committee" (memorandum dated March 28, 2000) 265-304 B. Emergency Services None C. General Services None D. Leisure Services None BACKUP 11. DEPARTMENTAL MATTERS (cont'd.): PAGES E. Office of Management and Budget Settlement; General Liability Claim - (memorandum dated March 21, 2000) 305 F. Personnel Consultant Agreement with Cody & Associates, Inc. (memorandum dated March 16, 2000) 306-309 G. Public Works 1. Wabasso Causeway Park Improvements Amendment No. 2 (memorandum dated March 23, 2000) 310-313 2. Request from City of Sebastian for Allocation of District 3 Traffic Impact Fees for Barber Street Improvements (memorandum dated March 14, 2000) 314-322 3. Right -of -Way Acquisition 5' Street SW between 27" and 43'' Avenues Sidewalk Improvements 3700 5`}' Street SW, Vero Beach, Florida 32968 Ruby B. Thornton (memorandum dated March 24, 2000) 323-329 H. Utilities 1. Anita Park Subdivision — 37`x' & 38s' Streets (between 56s' & 58`" Avenues) — Petition Water Service (memorandum dated March 24, 2000) 330-349 2. Sebastian Water Expansion Phases II -D & II -E Resolutions I and II (memorandum dated March 24, 2000) 350-369 I. Human Services Children's Services Advisory Committee Plan Update 2000- 2001 (letter dated March 28, 2000) 370 12. COUNTY ATTORNEY Reconsideration of Tom Collins Rezoning (memorandum dated March 28, 2000) 371-372 13. COMMISSIONERS ITEMS A. Chairman Fran B. Adams BOO!� J,1 13. COMMISSIONERS ITEMS (cont'd.): B. Vice Chairman Caroline D. Ginn C. Commissioner Kenneth R. Macht D. Commissioner Ruth Stanbridee E. Commissioner John W. Tiepin 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None B. Solid Waste Disposal District . 1. Approval of Minutes — meeting of 3/3/2000 2. Approval of Minutes — meeting of 3/14/2000 BOOK BACKUP PAGES 3. Bid Award: IRC 2035 Truck Chassis with Roll Off Hoist & Tarp System (memorandum dated March 27, 2000) 373-384 C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of meeting. Indian River County WebSite: bccl.co.indian-river.fl.us Meeting may be broadcast live on AT & T Cable Channel 13 Rebroadcast continuously Thursday 1:00 p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. 0 0 INDEX TO MR9UTES OF REGULAR MEETING OF BOARD OF COUNTY C0NMUSSIONERS APRIL 4. 2000 1. CALL TO ORDER ............................................... 1- 2. INVOCATION .................................................. 1- 3. PLEDGE OF ALLEGIANCE ....................................... 2- 4. ADDITIONS TO THE AGENDA ................................... 2- 5. PROCLAMATIONS AND PRESENTATIONS ......................... 2- 5.A. Proclamation Designating Week of April 9 through 15, 2000 as Crime Victims' Week in Indian River County .......................... 2- 5.B. Proclamation Designating Month of April, 2000 as Census Month in Indian River County ............................................ .3- 5.C. Proclamation Observing April 8 through 15, 2000 as National Blue Ribbon Week in Indian River County ................................ .5- 5.D. Proclamation Designating the Week of April 10-15, 2000 as First Strike - A Campaign Against Violence Week ............................. 7- 6. APPROVAL OF MINUTES ....................................... .9 - APRIL 4, 2000 Bur 7. CONSENT AGENDA ........................................... .9- 7.A. Reports .................................................. 9- 7.B. List of Warrants ............................................ 9- 7.C. List of Warrants .......................................... .16- 7.D. Caf6 Patio Alteration - County Administration Building ........... .25- 7.E. Resolution 2000-037 Abandoning a Portion of an Easement on Tract B, Sea Oaks Lakeview Estates PRD (Sea Oaks Investments, Ltd. - 1235 East Winding Oaks Circle) ..................................... .27- 7.F. Vernon G. Foster - Request for Final PD Plan/Plat Approval for Pelican Pointe Phase II Planned Development ......................... .30- 7.G. Florida Communities Trust Closing Documents for County Cost -Share Purchase of the Casey Parcels (Round Island South) and the Salama and Emerson Parcels (Oslo Riverfront South) - LAAC Properties ....... .32- 7.H. 1999 PEP Reef Sea Turtle Nesting Season Report - Christine Perretta, D. B. Ecological Services ....................................... .36- 7.I. Shooting Range - Project #9629 - C. Vargas & Associates .......... .37- 7.J. Resolution 2000-038 Cancelling Certain Delinquent Taxes Upon Publicly Owned Lands, Pursuant to Section 196.28, Florida Statutes (Bhaskar Barot - 41' Street and Old Dixie Right -of -Way) and Resolution 2000-039 Cancelling Certain Delinquent Taxes Upon Publicly Owned Lands, Pursuant to Section 196.28, Florida Statutes (DeSalvo - 98'h Avenue Right - of -Way) ............................................... .38- 7.K. Payments to Vendors of Court -Related Costs ................... .41- 7.L. Proclamation Designating the Week of April 9-15, 2000 as Crime Victims' Rights Week in Indian River County .......................... .43 - APRIL 4, 2000 • • 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - SHERIFF GARY C. WHEELER - NOTICE OF REQUEST FOR PUBLIC HEARING - 1999 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) ............................................................ .44- 9.A.1. PUBLIC HEARING - WAYNE KLEKAMP - REQUEST FOR PLANNED DEVELOPMENT SPECIAL EXCEPTION USE AND PRELIMINARY PLANNED DEVELOPMENT PLAN APPROVAL FOR AN AGRICULTURAL PD TO BE KNOWN AS "WHITE GATE" ........................... 47- 9.A.2. PUBLIC HEARING - (1) ORDINANCE 2000-010 AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±8.21 ACRES LOCATED APPROXIMATELY 1/4 MILE SOUTH OF 371H STREET AND ±492 FEET NORTH OF 33PDSTREET FROM L-1 TO CA AND BY CHANGING THE LAND USE DESIGNATION FOR ±8.21 ACRES LOCATED ON THE NORTH SIDE OF BAPTIST RETIREMENT CENTER ±470 FEET SOUTH OF 37m STREET FROM C/I TO L-1 AND (2) ORDINANCE 2000-011 AMENDING THE ZONING ORDINANCE AND ACCOMPANYING ZONING MAP FROM RS -3 TO MED FOR ±8.21 ACRES LOCATED APPROXIMATELY 1/4 MILE SOUTH OF 37m STREET AND ±492 FEET NORTH OF 33RDSTREET AND FROM MED TO RM -3 FOR ±8.21 ACRES LOCATED ON THE NORTH SIDE APRIL 4, 2000 SICK >' l -3- EOOK OF BAPTIST RETIREMENT CENTER ±470 FEET SOUTH OF 37m STREET (INDIAN RIVER MEMORIAL HOSPITAL AND KENNEDY GROVES, INC.) ............................................................ .54- 9.13.1. PUBLIC DISCUSSION ITEM - BIBBLE IRVIN - REQUEST TO SPEAK REGARDING THE BEACH SET LINE PLUS MORE RAPORTANT INFORMATION .............................................. .82- 9.B.2. PUBLIC DISCUSSION ITEM - ALONZO SHARPE REQUEST TO SPEAK TO THE BOARD REGARDING CODE ENFORCEMENT ACTION AGAINST HIS PROPERTY AT 10385 130TH AVENUE ............................ .83- 9.B.3. PUBLIC DISCUSSION ITEM - 21sT CENTURY SATELLITE COMMUNICATIONS, INC. - APPEAL OF PLANNING AND ZONING COMMISSION DENIAL OF AN AFTER -THE -FACT REQUEST FOR A 110 FOOT "CAMOUFLAGED" TOWER IN LAKEWOOD VILLAGE MOBILE HOME PARK ................................................ .86- 9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC BEARING ON APRIL 11,2000 ..................................................... .96- 9.C.1. Sun -Up of Indian River - Request to Rezone ±40 Acres Located on the South Side of 5'h Street SW, ±655 Feet East of 27'h Avenue from RS -6 to RM -6 (Quasi -Judicial) ..................................... .96 - APRIL 4, 2000 9.C.2. County Initiated Request to Rezone ±0.37 Acres Located at the Northeast Comer of 27'h Avenue and 14'h Street SW from CG to RS -6 (Quasi-Judicial) ...................................................... .96- 1 l.A.1. AGRICULTURAL PLANNED DEVELOPMENTS (CLUSTERING) - DISCUSSION ........................................... .98- 11.A.2. WABASSO CORRIDOR PLAN ONGOING REVIEW TASK FORCE AND "CR -510 EAST CORRIDOR COMMITTEE'- CONSIDERATION OF RECOMMENDATIONS ............................... .101- 1 l.E. SETTLEMENT OF GENERAL LIABILITY CLAIM - MARY CLARK, FOR TAURUS CLARK, A MINOR ......................... .106- 1 l.F. PAY PLAN STUDY - CODY & ASSOCIATES, INC. ........... .107- 1 l.G.1. WABASSO CAUSEWAY PARK HAPROVEMENTS - AMENDMENT NO.2 - BRAD SMITH ASSOCIATES (WILLIAM GLOVER, INC.) .................................................... .108- 11.G.2. ALLOCATION OF DISTRICT 3 TRAFFIC IMPACT FEES FOR BARBER STREET IMPROVEMENTS - INTERLOCAL AGREEMENT WITH CITY OF SEBASTIAN ............................ .110 - APRIL 4, 2000 i 1.G.3. 5TH STREET SW RIGHT-OF-WAY ACQUISITION (BETWEEN 27TH AND 43m AVENUES) - SIDEWALK IMPROVEMENTS - 3700 5TH STREET SW - RUBY B. THORNTON ....................... .112- 11.H.1. ANITA PARK SUBDIVISION - 37TH AND 381H STREET (BETWEEN 56TH AND 58TH AVENUES) - PETITION WATER SERVICE - PROJECT UW -00 -08 -DS ......................................... .114- 11.H.2. RESOLUTION 2000-040 (PROVIDING TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED) AND RESOLUTION 2000-041 (SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITTED THEREBY) - SEBASTIAN WATER EXPANSION PHASES II -D AND II -E - PROJECTS UW -97 -13 -DS AND UW -97 -14 -DS ..................................................... .116- 11.I. CHILDREN'S SERVICES ADVISORY CONB41TTEE - PLAN UPDATE FOR 2000 -2001 .... .....................................124 - APRIL 412000 • LJ 12. RECONSIDERATION OF THOMAS AND GRETCHEN COLLINS REZONING (EA ING POINT DRIVE AND JUNGLE TRAIL) (ORIGINALLY BEFORE THE BOARD ON MARCH 21, 2000) ............................ .126- 13.A. CHAIRMAN FRAN B. ADAMS - DISCUSSION OF ORDINANCE 1999-021 ESTABLISHING REGULATIONS GOVERNING ALARMS RESPONDED TO BY LAW ENFORCEMENT AGENCIES .......................... .128- 13.D. COMMISSIONER RUTH STANBRIDGE - UPDATE REGARDING THE DIVISION OF STATE LANDS CASE (LOST TREE ISLANDS) ........ .128- 14.A. EMERGENCY SERVICES DISTRICT ............................ .129- 14.B. SOLID WASTE DISPOSAL DISTRICT ........................... .129- 14.C. ENVIRONMENTAL CONTROL BOARD ......................... .130 - APRIL 4, 2000 0 April 4, 2000 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25" Street, Vero Beach, Florida, on Tuesday, April 4, 2000, at 9:00 a.m. Present were Fran B. Adams, Chairman; Caroline D. Ginn, Vice Chairman; Kenneth R. Macht; John W. Tippin; and Ruth Stanbridge. Also present were James E. Chandler, County Administrator; Terrence P. O'Brien, Acting County Attorney; and Patricia' PJ" Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Adams called the meeting to order. 2. INVOCATION Chaplain Ray Scent, Indian River Memorial Hospital, delivered the Invocation. APRIL 49 2000 , 1 11 '') :�73 3. PLEDGE OF ALLEGIANCE Acting County Attorney Terrence P. O'Brien led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Adams requested the following: 1. Move Item 5.A., Proclamation Designating the Week of April 9-15, 2000 as Crime Victims' Rights Week in Indian River County, to Item 7.L. 2. Add Item 5.D., Proclamation Designating the Week of April 10-15, 2000 as First Strike - A Campaign Against Violence Week. 3. Add Item 13.A., Discuss Ordinance 1999-021 Establishing Regulations Governing Alarms responded to by Law Enforcement Agencies. Commissioner Stanbridge requested the addition of Item 13.D., Update regarding the Division of State Lands Case (Lost Tree Islands). ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PROCL 4mATIONDESIGNATING WEEK OFAPRIL 9 THROUGH 1 S, 2000 AS CRIME VICTIMS' WEEK RV INDIAN. RIVER COUNTY Moved to Item 7.L. APRIL 4, 2000 S.B. PROCLAMATIONDESIGNATING MONTH OFAPRIL, 2000 AS CENSUS MONTHININDIANRwER COUNTY The Chairman presented the following Proclamation to Vincent Simpson of the Census Bureau: PROCLAMATION WHEREAS, the Census Bureau is mandated by the United Stated Constitution to take a count of the population every ten years; and WHEREAS, there is a need for a full and fair count in 2000 because the federal government uses census numbers to allocate more than $180 billion in funds annually for community development initiatives, among them education and housing programs, health care services for the elderly and job training; and WHEREAS, Census 2000 is about civic renewal and bringing members of our community together in a renewal of civic commitment, and should serve as a rallying point of our people; and WHEREAS, Census 2000 is about respect and recognition and will target those groups that are more often undercounted than others, and who stand to lose most because of their omission. ■I APRIL 49 2000 -3- NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that April, 2000 be designated as CENSUS MONTH in Indian River County, Florida, and the Board urges every person in Indian River County to be counted by answering the Census in April, 2000. Adopted this 4th day of April, 2000. BOARD OF COUNTYCOMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 1�39a,.418 6e�� Fran B. Adams, Chairman Vincent Simpson, Census Bureau, thanked the Board and Commissioner Ginn in particular for an outstanding job in helping the County to get a 100% count. Chairman Adams agreed that Commissioner Ginn has been doing a wonderful job. Commissioner Ginn encouraged people living in the Gifford area to complete their forms and return them. She noted that area has had less than a 20% response. She stated that if people have lost or never received their forms, they can be obtained at several locations in the County. It is vitally important that everyone be counted. APRIL 4, 2000 c: S.C. PROCLAMATION OBSERVING APRIL 8 THROUGH 152000 AS NATIONAL BLUE RIBBON WEEK IN INDIAN RIVER COUNTY The Chairman presented the following Proclamation to Judy Martin: PROCLAMATION WHEREAS, April is Child Abuse Prevention Month, and child abuse and neglect is a serious and growing problem affecting more than two million of our nation's children annually and of children locally; and WHEREAS, for ten years the Hibiscus Children's Center in Jensen Beach has cared for abused children, with more than 30% of the children served coming from Indian River County; and WHEREAS, a donation of 4.3 acres on 12th Street in Vero Beach will allow Hibiscus Children's Center to build a village of homes to provide long-term children with a more home -like environment, and the Hibiscus Children's Center will work in conjunction with other agencies for abused children to lead a more natural lifestyle; and WHEREAS, the Hibiscus Children's Center is distributing Blue Ribbon pins to the general public as a symbol to remind us all that child abuse is a tragedy which affects each and everyone of us. APRIL 49 2000 • NOW, THEREFORE, BE IT pROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of April 8th -15th be observed as NATIONAL BLUE RIBBON WEER in Indian River County, and the Board urges all citizens to use this time to better understand, recognize and respond to this grievous problem. The Board further congratulates the above-mentioned agency for its continued success in helping families break free from the cycle of child abuse. Adopted this 4th day of April, 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA �ca^A - Fran B. Adams, Chairman Judy Martin of Hibiscus Children's Center thanked the Board and invited everyone to a Candlelight Vigil at Memorial Island at 6:30 p.m. on April 10, 2000. APRIL 4, 2000 S.D. PROCLAMATIONDESIGNATING THE WEEKOFAPRIL 10-1 S. 2000AS FIRST STRIKE - A CAMPAIGN AGAINST VIOLENCE WEEK The Chairman presented the following Proclamation to Joan Carlson of the Humane Society: PROCLAMATION WHEREAS, violence has become an increasing part of our communities and even if it hasn't touched our lives directly, we see its images and effects in our daily news; and WHEREAS, sometimes less recognized, animal cruelty is one form of violence that is also present in every community. It is often an indicator or symptom of other forms of violent behavior; and WHEREAS, there is a well-documented connection between violence against animals and violence against people. Cruelty to animals is a potential indicator of disturbed family relationships and future antisocial and aggressive behavior toward humans; and WHEREAS, there is a widespread and growing attempt nationwide to recognize and deal with the perpetrators of violence against humans, and at the same time there is a growing effort to prevent abuse and neglect of animals; and WHEREAS, the Humane Society of Vero Beach and Indian River County will sponsor a "First Strike" seminar on Domestic Violence and Animal Abuse on April 141' and I r, 2000 at the Harbor Branch Oceanographic Institute: APRIL 4, 2000 1 60"1f{ -7- FF,- -I BOCK NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of April 10 —15, 2000 be designated as "FIRST STRIKE — A CAMPAIGN AGAINST VIOLENCE" WEEK in Indian River County. Adopted this 4�' day of April, 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman Joan Carlson of the Humane Society thanked the Board for recognizing this important campaign and invited everyone io the Heritage Center on April 15`' at 7:00 p.m. for a presentation to the general public. APRIL 4, 2000 • 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA Commissioner Ginn requested that Items 7.G. and TH. be separated for discussion. 7.A. REPORTS The following report was received and is on file in the office of the Clerk to the Board. 1. St. Johns Water Management District Annual Financial Audit for 1998-99 7.A LIST OF WARRANTS The Board reviewed a Memorandum of March 161 2000: To: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: MARCH 16, 2000 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of March 13, 2000 to March 16, 2000. APRIL 49 2000 BOCK i i '? ;'AGE t'.':j G ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for March 13, 2000 through March 16, 2000, as recommended by staff. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0020446 HIGHKARK LIFE INSURANCE 2000-03-13 3,957.36 0020447 IRC EMPLOYEE HEALTH INSURANCE- 2000-03-13 6,550.00 0020448 BLUE CROSS/BLUE SHIELD OF 2000-03-13 3,261.18 0020449 O'NEIL, LEE & WEST 2000-03-13 1,835.34 0020450 UNIPSYCH BENEFITS OF FL,INC 2000-03-13 421.20 0020451 IRC EMPLOYEE HEALTH INSURANCE- 2000-03-13 6,585.78 0020452 INDIAN RIVER COUNTY 2000-03-13 50.00 0020453 HIGHKARK LIFE INSURANCE 2000-03-15 126.50 0020454 KRUCZKIEWICZ, LORIANE 2000-03-15 138.50 0020455 CAREY,PA PARTICK A. 2000-03-15 285.24 0020456 BUREAU FOR CHILD SUPPORT ENFOR 2000-03-15 92.31 0020457 VELASQUEZ, MERIDA 2000-03-15 200.00 0020458 INTERNAL REVENUE SERVICE 2000-03-15 295.00 0020459 IRS - ACS 2000-03-15 50.00 0020460 CHAPTER 13 TRUSTEE 2000-03-15 521.88 0020461 VERO BEACH FIREFIGHTERS ASSOC. 2000-03-15 2,415.00 0020462 INDIAN RIVER FEDERAL CREDIT 2000-03-15 82,995.83 0020463 COLONIAL LIFE & ACCIDENT 2000-03-15 231.03 0020464 NACO/SOUTHEAST 2000-03-15 6,958.25 0020465 SALEM TRUST COMPANY 2000-03-15 541.38 0020466 WISCONSIN SUPPORT COLLECTIONS 2000-03-15 23.08 0020467 FL SDU 2000-03-15 4,841.49 0279141 A B C QUICK PRINTERS 2000-03-16 54.15 0279142 ACTION TRANSMISSION AND 2000-03-16 1,659.03 0279143 A G L L 2000-03-16 106.40 0279144 AIRBORNE EXPRESS 2000-03-16 25.24 0279145 ALCALDE, RENATO MD 2000-03-16 50.00 0279146 ALPHA ACE HARDWARE 2000-03-16 45.36 0279147 ATLANTIC REPORTING 2000-03-16 371.85 0279148 ACTION DIESEL INJECTION 2000-03-16 77.05 0279149 ALTIERI, DR JOSEPH J 2000-03-16 2,023.00 0279150 ALL FLORIDA COFFEE & BOTTLED 2000-03-16 89.85 0279151 A A ELECTRIC SE, INC 2000-03-16 _ 267.50 0279152 ALL RITE WATER CONDITIONING 2000-03-16 137.75 0279153 ADDISON OIL CO 2000-03-16 493.91 0279154 ABARE, EDWARD J III 2000-03-16 172.78 0279155 ADAMS, COOGLER, WATSON & 2000-03-16 64.32 0279156 A T & T WIRELESS SERVICES 2000-03-16 60.50 0279157 A T & T 2000-03-16 97.96 0279158 AMERIGAS-FT PIERCE 2000-03-16 199.12 0279159 AUTO PARTS OF VERO, INC 2000-03-16 3,456.76 APRIL 4, 2000 -10- 0 0 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0279160 ARAMARK UNIFORM SERVICES 2000-03-16 6,000.30 0279161 AVIS 2000-03-16 47.37 0279162 ARCH PAGING 2000-03-16 19.80 0279163 AMERITREND HOMES 2000-03-16 500.00 0279164 ALBERTSON'S 2000-03-16 141.01 0279165 ATLANTIC ORTHOPAEDIC GROUP 2000-03-16 115.36 0279166 ATLANTIC REPORTING 2000-03-16 19.00 0279167 AAAI/ISMA 2000-03-16 113.00 0279168 AHEAD HEADGEAR INC 2000-03-16 1,141.33 0279169 BAKER DISTRIBUTING CO 2000-03-16 16.71 0279170 BARTON, JEFFREY K -CLERK 2000-03-16 4,274.25 0279171 BOARD OF COUNTY COMMISSIONERS 2000-03-16 5,907.17 0279172 BARTON, JEFFREY K- CLERK 2000-03-16 41,836.83 0279173 BARNETT BAIL BONDS 2000-03-16 1,000.00 0279174 BERTOLETTE, RANDALL DEB, MD 2000-03-16 25.00 0279175 BRAD SMITH ASSOCIATES, INC 2000-03-16 308.75 0279176 BAKER & TAYLOR INC 2000-03-16 871.61 0279177 BRODART CO 2000-03-16 447.19 0279178 BURGERT, ANNETTE K 2000-03-16 40.00 0279179 BREVARD ORTHOPAEDIC CLINIC 2000-03-16 168.15 0279180 BFI WASTE SYSTEMS 2000-03-16 71.41 0279181 BOOKS ON TAPE INC 2000-03-16 5.00 0279182 BELLSOUTH MOBILITY 2000-03-16 66.78 0279183 SELLSOUTH 2000-03-16 20,815.42 0279184 BOLLE AMERICA, INC 2000-03-16 60.00 0279185 BETTER COPY CENTER, A 2000-03-16 799.04 0279186 BLUE CROSS/BLUE SHIELD OF 2000-03-16 30,312.25 0279187 BARTON, JEFFREY K 2000-03-16 1,032.78 0279188 BEAM, BETTY 2000-03-16 36.05 0279189 BUZA, PAUL W DO 2000-03-16 150.00 0279190 BISSET MD, ROBERT 2000-03-16 200.00 0279191 BELLSOUTH 2000-03-16 114.85 0279192 CARTER ASSOCIATES, INC 2000-03-16 205.74 0279193 COLD AIR DISTRIBUTORS 2000-03-16 686.41 0279194 COLKITT SHEET METAL & AIR, INC 2000-03-16 328.00 0279195 COMMUNICATIONS INT'L INC 2000-03-16 559.95 0279196 CHEMSEARCH 2000-03-16 141.12 0279197 CHAMBER OF COMMERCE 2000-03-16 4,862.97 0279198 COX GIFFORD FUNERAL HOME 2000-03-16 300.00 0279199 CLEARFIELD COMPANY, INC 2000-03-16 381.35 0279200 CONGRESSIONAL QUARTERLY INC 2000-03-16 119.43 0279201 COPELAND, LINDA 2000-03-16 80.50 0279202 CLIFF BERRY ENVIRONMENTAL 2000-03-16 195.00 0279203 C EANNET USA 2000-03-16 20,537.72 0279204 CUES, INC 2000-03-16 288.98 0279205 CHAMPION MANUFACTURING INC 2000-03-16 398.25 0279206 CENTRAL PUMP & SUPPLY INC 2000-03-16 15.49 0279207 CRAWFORD, SANDY 2000-03-16 25.00 0279208 CENTER FOR EMOTIONAL AND 2000-03-16 381.50 0279209 COPYCO, INC 2000-03-16 181.10 0279210 CRIMES COMPENSATION TRUST 2000-03-16 440.00 0279211 CULTURAL COUNCIL OF INDIAN 2000-03-16 6,305.78 0279212 CONRADO, STEFANIE 2000-03-16 88.84 0279213 CARQUEST AUTO PARTS 2000-03-16 1,418.39 0279214 CARQUEST AUTO PARTS 2000-03-16 60.88 0279215 CARGILL INC -SALT DIVISION 2000-03-16 1,088.22 0279216 COLUMBIA PROPANE 2000-03-16 10.50 0279217 COOLEY, SCOTT 2000-03-16 500.00 0279218 CENTRAL AIR CONDITIONING & 2000-03-16 138.69 0279219 DAILY COURIER SERVICE 2000-03-16 671.50 APRIL 49 2000 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0279220 DELTA SUPPLY CO 2000-03-16 88.50 0279221 DEPENDABLE DODGE, INC 2000-03-16 6.53 0279222 DOCTOR'S CLINIC 2000-03-16 1,283.86 0279223 DON SMITH'S PAINT STORE, INC 2000-03-16 331.81 0279224 DAVIDSON TITLES, INC 2000-03-16 4,971.58 0279225 DEAF SERVICE CENTER OF THE 2000-03-16 625.00 0279226 DATABASE TECHNOLOGIES INC 2000-03-16 61.25 0279227 DOWNTOWN VERO BEACH ASSOC. 2000-03-16 12,109.05 0279228 DOCTOR'S CLINIC 2000-03-16 900.00 0279229 D U -J'S INC 2000-03-16 500.00 0279230 DOUBLETREE HOTEL ORLANDO 2000-03-16 95.00 0279231 EVANS, FLOYD 2000-03-16 25.00 0279232 EGP, INC 2000-03-16 354.00 0279233 EDLUND & DRITENBAS 2000-03-16 4,082.46 0279234 EHMI 2000-03-16 2,618.00 0279235 EMSAR EQUIPMENT 2000-03-16 600.00 0279236 FGFOA/FACC MEETING 2000-03-16 230.00 0279237 FEDEX 2000-03-16 57.41 0279238 FISHER SCIENTIFIC 2000-03-16 154.15 0279239 FLORIDA COCA-COLA BOTTLING CO 2000-03-16 226.90 0279240 FLORIDA POWER & LIGHT COMPANY 2000-03-16 8,895.11 0279241 FLORIDA PUBLIC PERSONNEL 2000-03-16 90.00 0279242 FRASER ENGINEERING & TESTING 2000-03-16 100.00 0279243 FOOT -JOY DRAWER 2000-03-16 2,581.38 0279244 FLOWERS BAKING COMPANY OF 2000-03-16 94.08 0279245 FLORIDA TIRE RECYCLING, INC 2000-03-16 750.00 0279246 FATHER & SON ELECTRONICS 2000-03-16 43.00 0279247 FAIRWINDS TRAVEL & TOURS 2000-03-16 297.00 0279248 FALZONE, KATHY 2000-03-16 60.09 0279249 FENIMORE, CHARLES 2000-03-16 45.00 0279250 FATHER & SON CARPET, INC 2000-03-16 100.00 0279251 FORE COMMUNICATIONS, INC 2000-03-16 149.00 0279252 FLORIDA ANIMAL LEAGUE 2000-03-16 75.00 0279253 FACTICON, INC 2000-03-16 175.00 0279254 FLORIDA CLINICAL PRACTICE 2000-03-16 59.00 0279255 FREIGHTLINER TRUCKS OF SOUTH 2000-03-16 455.55 0279256 FIRESTONE TIRE & SERVICE 2000-03-16 1,356.20 0279257 FINAL TOUCH INC, THE 2000-03-16 500.00 0279258 GALE GROUP, THE 2000-03-16 143.68 379.24 0279259 GENEALOGICAL PUBLISHING 2000-03-16 0279260 GENERAL GMC, TRUCK 2000-03-16 166.00 0279261 GLIDDEN COMPANY, THE 2000-03-16 12.95 0279262 GRAYBAR ELECTRIC CO INC 2000-03-16 702.61 0279263 GALL'S INC 2000-03-16 622.71 0279264 GROVE, KEITH T DDS, MS VMD 2000-03-16 15.00 0279265 GRENELEFE RESORT 2000-03-16 595.00 0279266 GOLLNICK, PEGGY 2000-03-16 346.50 0279267 GREAT OUTDOORS PUBLISHING CO 2000-03-16 108.20 0279268 GALE INSULATION 2000-03-16 30.00 0279269 GREEN, PHILLIP 2000-03-16 108.15 0279270 GLACE & P.ADCLIFFE, INC 2000-03-16 32,864.27 0279271 GATOR CITY TAXI 2000-03-16 230.00 0279272 K GEMS SENSORS, INC 2000-03-16 171.00 0279273 HAMMOND & SMITH, P A 2000-03-16 2,302.39 0279274 HARRIS SANITATION, INC 2000-03-16 32.00 0279275 HICKMAN'S BRAKE & ALIGNMENT 2000-03-16 192.00 0279276 HUMANE SOCIETY OF VERO BEACH 2000-03-16 13,685.00 0279277 HUNTER AUTO SUPPLIES 2000-03-16 587.56 0279278 HELD, PATRICIA BARGO 2000-03-16 126.00 0279279 HIBISCUS CHILDREN'S CENTER 2000-03-16 2,083.33 APRIL 49 2000 -12- • • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0279280 HIGHLANDS ANIMAL HOSPITAL 2000-03-16 107.35 0279281 HATFIELD, ERIC 2000=03-16 240.00 0279282 HARBOR FEDERAL 2000-03-16 191.39 0279283 HAZELL, MARILYN 2000-03-16 1,608.66 0279284 HUNTER, TAMIKA 2000-03-16 82.40 0279285 HEAVYQUIP 2000-03-16 10,921.97 0279286 HUGHEY, JASON L 2000-03-16 8.00 0279287 HAMPTON INN TALLAHASSEE 2000-03-16 158.00 0279288 INDIAN.RIVER COUNTY SOLID 2000-03-16 258.30 0279289 INDIAN RIVER COUNTY 2000-03-16 200.00 0279290 INDIAN RIVER BATTERY, INC 2000-03-16 824.93 0279291 INDIAN RIVER COUNTY 2000-03-16 49.00 0279292 INDIAN RIVER COUNTY UTILITY 2000-03-16 34.38 0279293 INDIAN RIVER FARMS WATER 2000-03-16 2,076.00 0279294 INDIAN RIVER OXYGEN, INC 2000-03-16 1,483.14 0279295 INGRAM LIBRARY SERVICES 2000-03-16 23.73 0279296 INDIAN RIVER ANIMAL HOSPITAL 2000-03-16 30.00 0279297 INDIAN RIVER MEMORIAL HOSPITAL 2000-03-16 253.32 0279298 INDIAN RIVER COUNTY 2000-03-16 53.19 0279299 INDIAN RIVER COUNTY 2000-03-16 49,682.50 0279300 INSURANCE SERVICING & 2000-03-16 1,050.00 0279301 IBM CORPORATION 2000-03-16 47.00 0279302 INDIAN RIVER ALL -FAB, INC 2000-03-16 333.29 0279303 IRC EMPLOYEE HEALTH INSURANCE- 2000-03-16 227,693.50 0279304 INTERIM PERSONNEL 2000-03-16 631.04 0279305 INTERISK CORPORATION 2000-03-16 3,242.30 0279306 JACOBS ELECTRIC MOTOR REPAIR 2000-03-16 373.50 0279307 JANIE DEAN CHEVROLET, INC 2000-03-16 1,719.33 0279308 JOHN LLOYD BUILDERS, INC 2000-03-16 500.00 0279309 JANITORIAL DEPOT OF AMERICA 2000-03-16 652.90 0279310 JACOBS, JEREMY 2000-03-16 82.40 0279311 JOHNSON, COURTNEY 2000-03-16 150.00 0279312 JONES CHEMICALS, INC 2000-03-16 638.00 0279313 KNIGHT & MATHIS, INC 2000-03-16 467.50 0279314 KELLY TRACTOR CO 2000-03-16 90.72 0279315 KEY, PATRICIA W 2000-03-16 346.50 0279316 KT MOWER & EQUIPMENT 2000-03-16 410.87 0279317 K & M ELECTRIC SUPPLY INC 2000-03-16 226.43 0279318 KIPP, BILLY C 2000-03-16 169.95 0279319 KNOWLES, CYRIL 2000-03-16 519.52 0279320 KELLY, CHAD 2000-03-16 500.00 0279321 LOWE'S COMPANIES, INC. 2000-03-16 5,461.97 0279322 LIVE OAK ANIMAL HOSPITAL 2000-03-16 11.75 0279323 LIGHT SOURCE BUSINESS SYSTEMS 2000-03-16 276.00 0279324 LIBRARIES UNLIMITED, INC 2000-03-16 27.49 0279325 LESCO, INC 2000-03-16 208.39 0279326 LARGE PRINT LIBRARY DISCOUNTER 2000-03-16 44.06 0279327 LUNA, JORGE 2000-03-16 103.00 0279328 LANGUAGE SERVICES, LTD 2000-03-16 279.10 0279329 LEWIS, BARBARA 2000-03-16 36.05 0279330 LUNA, JUVENAL 2000-03-16 64.38 0279331 LEXIS PUBLISHING 2000-03-16 108.00 0279332 LAUREL HOMES, INC 2000-03-16 644.25 0279333 LABCORP 2000-03-16 12.00 0279334 MAXWELL PLUMBING, INC 2000-03-16 159.37 0279335 MIKES GARAGE 2000-03-16 140.00 0279336 MOSBY & ASSOC, INC 2000-03-16 306.58 0279337 MORGAN AND EKLUND, INC 2000-03-16 6,438.15 0279338 MORNINGSTAR, INC 2000-03-16 5,225.40 0279339 MULTILINE BUILDING 2000-03-16 475.00 0279340 MULLER, MINTZ, KORNREICH, 2000-03-16 1,441.04 APRIL 49 2000 DOCK J1 m, A L i <a CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0279341 M & R SPORTSWEAR 2000-03-16 70.94 0279342 MIDWEST TAPE EXCHANGE 2000-03-16 139.98 0279343 MR BOB PORTABLE TOILET 2000-03-16 148.44 0279344 MARC INDUSTRIES 2000-03-16 1,587.04 0279345 MELCHIORI, NICK 2000-03-16 60.00 0279346 MOSS, ROGER 2000-03-16 61.80 0279347 MCGUIRE, GEORGE SEAN 2000-03-16 69.02 0279348 MOSS, MARY 2000-03-16 23.18 0279349 MAXWELL, KIMBERLY 2000-03-16 43.78 0279350 MCCLOUD, CHARLES 2000-03-16 500.00 0279351 MEDTRONICS PHYSIO -CONTROL 2000-03-16 6,036.00 0279352 MAIL PHARMACY SERVICE 2000-03-16 90.00 0279353 NORTH SOUTH SUPPLY INC 2000-03-16 24.73 0279354 NEW HORIZONS OF THE TREASURE 2000-03-16 33,369.25 0279355 NVLSP 2000-03-16 160.00 0279356 NU CO 2, INC 2000-03-16 70.50 0279357 NOCUTS, INC 2000-03-16 75.00 0279358 NATIONAL FIRE AND SAFETY 2000-03-16 570.00 0279359 NORTRAX EQUIPMENT COMPANY 2000-03-16 640.37 0279360 OFFICE PRODUCTS & SERVICE 2000-03-16 965.44 0279361 OSCEOLA MEDICAL SUPPLY 2000-03-16 90.00 0279362 OFFICE DEPOT, INC 2000-03-16 1,945.03 0279363 OSCEOLA PHARMACY 2000-03-16 88.65 0279364 O'NEIL, LEE & WEST 2000-03-16 17,059.25 0279365 ORLANDO, KAREN M 2000-03-16 353.50 0279366 PEACE RIVER ELECTRIC 2000-03-16 54.82 0279367 PEPSI -COLA COMPANY 2000-03-16 47.50 0279368 PERKINS INDIAN RIVER PHARMACY 2000-03-16 269.96 0279369 PETTY CASH 2000-03-16 57.46 0279370 PHILLIPS, LINDA R 2000-03-16 427.00 0279371 POWERLINE ELECTRIC 2000-03-16 88.00 0279372 PORT PETROLEUM, INC 2000-03-16 1,176.30 0279373 PARLIAMENTARY REPORTING OF 2000-03-16 303.25 0279374 POSTMASTER 2000-03-16 132.00 0279375 PINEAPPLE PRESS, INC 2000-03-16 77.85 0279376 PIERONE, GERALD JR, MD 2000-03-16 30.00 0279377 PEEK TRAFFIC SYSTEMS, INC 2000-03-16 536.00 0279378 PANGBURN, TERRI 2000-03-16 24.00 0279379 PRAXAIR DISTRIBUTION 2000-03-16 118.95 0279380 PRESS JOURNAL 2000-03-16 125.19 0279381 PARKER, DEBBIE 2000-03-16 72.10 0279382 PAYNE, JAMES 2000-03-16 110.00 0279383 PROFORMA 2000-03-16 89.45 0279384 PALM BAY ANESTHESIA ASSOCIATES 2000-03-16 205.05 0279385 QUALITY BOOKS, INC 2000-03-16 42.16 0279386 RADIOSHACK 2000-03-16 439.05 0279387 RINGHAVER 2000-03-16 629.02 0279388 ROY, DORI 2000-03-16 13.00 0279389 ROHANI, SASAN 2000-03-16 6.00 0279390 RICHMOND HYDRAULICS INC 2000-03-16 102.00 0279391 RECORDED BOOKS INC 2000-03-16 264.22 0279392 R & G SOD FARMS 2000-03-16 2,040.00 0279393 RENTAL 1 y 2000-03-16 566.31 0279394 RIGER, JACOB M 2000-03-16 80.68 0279395 REXEL CONSOLIDATED ELECTRIC 2000-03-16 1,355.00 0279396 REGIONS INTERSTATE BILLING 2000-03-16 1,040.72 0279397 ROMANO, CHRISTINA 2000-03-16 16.74 0279398 RIVERSIDE LEASING CO 2000-03-16 614.00 0279399 RIVER ONE DEVELOPME*T 2000-03-16 500.00 0279400 SCOTTY'S, INC 2000-03-16 70.49 APRIL 4, 2000 CHECK NAME NUMBER AMOUNT 0279401 SEBASTIAN BUSINESS SUPPLY, INC 0279402 SEWELL HARDWARE CO, INC 0279403 SOUTHERN ELECTRIC SUPPLY 0279404 ST LUCIE BATTERY & TIRE, INC 0279405 SUNRISE FORD TRACTOR & 0279406 SHELTRA & SON CONSTRUCTION 0279407 SAFESPACE INC 0279408 SELIG CHEMICAL IND 0279409 STEVENS BROTHERS FUNERAL HOME 0279410 SALEM PRESS, INC 0279411 SUPERIOR PRINTING 0279412 SEBASTIAN POLICE DEPARTMENT 0279413 SCHILL, LARRY 0279414 ST LUCIE COUNTY 0279415 SARAH BRYSON INDUSTRIES 0279416 STM/SAVE THE MOMENT 0279417 SULLIVAN, RACHEL 0279418 SALTONSTALL, MYRNA 0279419 SILEO, STEVEN ANDREW 0279420 SEMINOLE OF OKEECHOBEE INC 0279421 SEBASTIAN POWER CENTER RENTAL 0279422 SCHLITT, LARRY 0279423 STEWART, SARAH LYNN 0279424 THOMAS, DEBBY L 0279425 TITLEIST DRAWER 0279426 TREASURE COAST REFUSE 0279427 TREASURE COAST ANIMAL CLINIC 0279428 TINDALE OLIVER & ASSOC., INC 0279429 TIPPIN, JOHN W 0279430 HIGHMARK LIFE INSURANCE 0279431 TRUGREEN CHEMLAWN 0279432 TARGET STORE T-1050 0279433 TANDY BRANDS ACCESSORIES 0279434 T C BILLING CORPORATION 0279435 TREASURE COAST REFUSE 0279436 TREASURE COAST NEWSPAPERS 0279437 TREASURE COAST SPORTS 0279438 TACO BELL #3971 0279439 TOMMY HILFIGER GOLF 0279440 UPSTART 0279441 ULVERSCROFT LARGE PRINT 0279442 UNIVERSITY OF FLORIDA 0279443 US FILTER DISTRIBUTION GROUP 0279444 UNIPSYCH BENEFITS OF FL,INC 0279445 VELDE FORD, INC 0279446 VERO BEACH, CITY OF 0279447 VERO CHEMICAL DISTRIBUTORS,INC 0279448 VERO LAWNMOWER CENTER, INC 0279449 VERO BEACH, CITY OF 0279450 VERO BEACH POLICE DEPARTMENT 0279451 VERO BEARING & BOLT 0279452 VOLUNTEER ACTION CENTER 0279453 VERO HERITAGE, INC 0279454 VANTAGE EQUIPMENT CO 0279455 WAL-MART STORES, INC 0279456 WALGREENS PHARMACY #3607 0279457 WALGREENS PHARMACY #03608 0279458 WELTER, PETER DC 0279459 W W GRAINGER, INC 0279460 WIGINTON FIRE SPRINKLERS,INC APRIL 49 2000 -15- CHECK CHECK DATE AMOUNT 2000-03-16 153.28 200003-16 159.87 2000-03-16 861.63 2000-03-16 162.45 2000-03-16 40.12 2000-03-16 91,654.64 2000-03-16 1,250.00 2000-03-16 105.55 2000-03-16 900.00 2000-03-16 272.50 2000-03-16 235.05 2000-03-16 60.00 2000-03-16 32.00 2000-03-16 3,205.00 2000-03-16 80.65 2000-03-16 41.00 2000-03-16 169.95 2000-03-16 97.85 2000-03-16 132.50 2000-03-16 45.00 2000-03-16 285.00 2000-03-16 500.00 2000-03-16 38.63 2000-03-16 367.50 2000-03-16 44.96 2000-03-16 39,774.01 2000-03-16 30.00 2000-03-16 4,520.23 2000-03-16 26.39 2000-03-16 6,334.33 2000-03-16 765.00 2000-03-16 180.00 2000-03-16 492.34 2000-03-16 8,352.31 2000-03-16 74.25 2000-03-16 184.50 2000-03-16 2,500.00 2000-03-16 440.00 2000-03-16 188.20 2000-03-16 12.30 2000-03-16 712.11 2000-03-16 1,300.00 2000-03-16 4,985.20 2000-03-16 3,915.00 2000-03-16 780.41 2000-03-16 "9,992.52 2000-03-16 168.59 2000-03-16 138.56 2000-03-16 215.99 2000-03-16 50.00 2000-03-16 255.62 2000-03-16 50.00 2000-03-16 1,305.11 2000-03-16 41.31 2000-03-16 422.43 2000-03-16 557.04 2000-03-16 964.45 2000-03-16 101.15 2000-03-16 127.66 2000-03-16 664.00 A L vi 0 I CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 2000-03-16 1,430.69 0279461 WINN DIXIE 2000-03-16 130.00 0279462 WILLHOFF, PATSY 2000-03-16 138.00 0279463 WILLIAMS, BETTY R, RN 2000-03-16 194.60 0279464 WHEELER PUBLISHING, INC 2000-03-16 150.00 0279465 WORKERS COMPENSATION SEMINARS 20.00 0279466 WALKER, KEITH 2000-03-16 2000-03-16 8.69 0279467 WALGREENS PHARMACY #4642 2000-03-16 33.48 0279468 WOLFE, ERIN 2000-03-16 200.85 0279469 WILSON, SUSAN BARNES 2000-03-16 88.90 0279470 WINN DIXIE PHARMACY #2366 2000-03-16 552.77 0279471 XEROX CORPORATION 2000-03-16 54.08 0279472 ZAMARRIPA, JAIME 2000-03-16 411.46 0279473 THOMAS, JAMES SR 2000-03-16 486.14 0279474 MERCURI, DEBRA 2000-03-16 494.00 0279475 JOHNSON, LETISHA D 2000-03-16 62.73 0 279476 SCANDVIK 991,077.79 7. C. LIST OF WARRANTS The Board reviewed a Memorandum of March 24, 2000: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: MARCH 24, 2000 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of March 24, 2000 to March 24, 2000. APRIL 4, 2000 -16- 0 0 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Grin, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for March 24, 2000, as recommended by staff. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0020468 TEAMSTERS LOCAL UNION NO 769 2000-03-21 4,008.66 0279477 A A FIRE EQUIPMENT, INC 2000-03-23 386.15 0279478 ADVANCED GARAGE DOORS, INC 2000-03-23 2,135.00 0279479 AERO PRODUCTS CORPORATION 2000-03-23 372.59 0279480 AIRBORNE EXPRESS 2000-03-23 10.56 0279481 ALEXANDER BATTERY COMPANY 2000-03-23 823.68 0279482 ACTION ANSWERING SERVICE 2000-03-23 308.50 0279483 A M BEST COMPANY 2000-03-23 88.95 0279484 ATLANTIC REPORTING 2000-03-23 362.40 0279485 ABS PUMPS, INC 2000-03-23 122.04 0279486 ACTION DIESEL INJECTION 2000-03-23 3x.48 0279487 AQUAGENIX LAND -WATER 2000-03-23 191.00 0279488 A A ELECTRIC SE, INC 2000-03-23 65.05 0279489 AMERITREND CORPORATION 2000-03-23 500.00 0279490 A T & T 2000-03-23 149.50 0279491 ASHWORTH INC 2000-03-23 196.33 0279492 ASHBROOK CORPORATION 2000-03-23 2,989.03 0279493 ATLANTIC COASTAL TITLE CORP 2000-03-23 77.00 0279494 ARAMARK UNIFORM SERVICES 2000-03-23 28.11 0279495 APPERSON CHEMICALS,INC 2000-03-23 2,895.42 0279496 ATLANTIC COASTAL TITLE CORP 2000-03-23 385.00 0279497 ALK-ABELLO INC 2000-03-23 120.50 0279498 APPLIED TECHNOLOGY AND 2000-03-23 68,924.59 0279499 AMERICAN ENGINEERING SERVICES 2000-03-23 3,267.62 0279500 ASSOCIATES, THE 2000-03-23 7,310.16 0279501 ALTER, ARLEEN 2000-03-23 236.00 0279502 AMERICAN PUBLIC WORKS ASSOC 2000-03-23 200.00 0279503 ADVERTISING & SUPPLY 2000-03-23 174.90 0279504 AMERICANA BOOKS 2000-03-23 35.00 0279505 ALMA ROSTERS BOOKS 2000-03-23 18.00 0279506 ABERNATHY, MARVIN W 2000-03-23 7,491.60 0279507 ACTION -WELDING SUPPLY INC 2000-03-23 22.00 0279508 B & B INDUSTRIAL SUPPLY 2000-03-23 439.36 0279509 BAKER DISTRIBUTING CO 2000-03-23 720.69 0279510 BARTH CONSTRUCTION 2000-03-23 500.00 0279511 BARTON, JEFFREY K -CLERK 2000-03-23 2,294.50 0279512 BOARD OF COUNTY COMMISSIONERS 2000-03-23 9,489.89 0279513 BERNAN ASSOCIATES 2000-03-23 159.00 0279514 BETTER BUSINESS FORMS, INC 2000-03-23 145.24 0279515 BLACKHAWK QUARRY COMPANY 2000-03-23 335.67 APRIL 49 2000 -17- so K an, ,ii� 1) �3 APRIL 4, 2000 CHECK CHECK CHECK NAME DATE AMOUNT NUMBER 2000-03-23 62.65 0279516 BROOKS, RONALD R 2000-03-23 200.00 0279517 BRUGNOLI, ROBERT J PHD 2000-03-23 2,139.25 0279518 BARTON, JEFFREY K -CLERK 2000-03-23 2,972.34 0279519 BAKER & TAYLOR INC 2000-03-23 1,108.28 0279520 BRODART CO 2000-03-23 18.00 0279521 BOYNTON PUMP & IRRIGATION 0279522 BIRELEY, RICHARD 2000-03-23 500.002000-03-23 284.14 0279523 BFI WASTE SYSTEMS 2000-03-23 226.40 0279524 BOOKS ON TAPE INC 2000-03-23 228.81 0279525 BAKER & TAYLOR ENTERTAINMENT 1 9.50 0279526 BELLSOUTH MOBILITY 2000-03-23 2000-03-23 10,587.47 0279527 BELLSOUTH 2000- 23 5.7503- 0279528 BOLLE AMERICA, INC 2000-03-23 500.00 0279529 BEAZER HOMES, INC 2000-03-23 155.10 0279530 BETTER COPY CENTER, A 2000-03-23 669.12 16,574.85 0279531 BLUE CROSS/BLUE SHIELD OF 0279532 BELLSOUTH 2000-03-23 2000-03-23 35.86 0279533 BELLSOUTH PUBLIC COMMUNICATION 3,271.92 0279534 BOYES & FARINA P A 2000-03-23 35.00 0279535 BOOKCORNER 2000-03-23 2000-03-23 750.00 0279536 BITTAR, EDWARD F MD 2000-03-23 500.00 0279537 BAKER, RICHARD H 2000-03-23 338.46 0279538 0279539 BINFORD, MARSHALL BEST WESTERN PINK SHELL BEACH 2000-03-23 237.00 0279540 B & F TECHNICAL CODE SERVICES 2000-03-23 245.00 1,885.76 0279541 BELLSOUTH 2000-03-23 2000-03-23 306.09 0279542 CAMERON & BARKLEY COMPANY 2000-03-23 33,465.94 0279543 CAMP, DRESSER & MCKEE, INC 2000-03-23 12,528.45 0279544 CARTER ASSOCIATES, INC 81.00 0279545 CENTRAL WINDOW OF 2000-03-23 21.00 0279546 CLEMENTS PEST CONTROL 2000-03-23 1,423.00 0279547 CLIMATIC HEATING & A/C 2000-03-23 0279548 COMMUNICATIONS INT'L INC 2000-03-23 13,138.39 0279549 CHAMBER OF COMMERCE 2000-03-23 9,938.65 0279550 CUTTING EDGE SIGN CO., THE 2000-03-23 300.00 0279551 COASTAL REFINING & MARKETING 2000-03-23 9,314.03 0279552 CENTER FOR THE ARTS, INC 2000-03-23 4,466.71 0279553 CINDY'S PET CENTER, INC 2000-03-23 41.63 444.44 0279554 CALL ONE, INC 2000-03-23 39.00 0279555 CRITTENDEN GOLF INC 2000-03-23 100.00 0279556 CLIFFORD, MIKE 2000-03-23 1,583.70 0279557 CHAMPION MANUFACTURING INC 2000-03-23 0279558 CORPORATION OF THE PRESIDENT 2000-03-23 61.75 0279559 CARD CENTERS OF FL INC 2000-03-23 675.00 0279560 CENTRAL PUMP & SUPPLY INC 2000-03-23 140.47 0279561 CHELSEA HOUSE PUBLISHERS 2000-03-23 16.11 0279562 CENTER FOR EMOTIONAL AND 2000-03-23 281.50 0279563 COPYCO, INC 2000-03-23 815.68 0279564 CONSOLIDATED RESOURCE RECOVERY 2000-03-23 108,493.52 0279565 CIGARS UNLIMITED 2000-03-23 132.28 0279566 CIBA SPECIALTY CHEMICALS 2000-03-23 7,779.24 0279567 COLUMBIA PROPANE 2000-03-23 50.07 0279568 CONSOLIDATED ELECTRICAL DIST 2000-03-23 3,278.00 0279569 CLORTEC - 2000-03-23 6,000.00 0279570 CALHOUN'S BOOKS 2000-03-23 50.00 0279571 HAROLD CORDNER, MD 2000-03-23 200.00 0279572 CITY OF JACKSONVILLE FLORIDA 2000-03-23 30.00 0279573 C S U S FOUNDATION 2000-03-23 264.00 0279574 CENTRAL AIR CONDITIONING & 2000-03-23 172.76 0279575 DELTA SUPPLY CO 2000-03-23 71.75 0279576 DEMCO INC 2000-03-23 21.08 APRIL 4, 2000 APRIL 49 2000 -19- CHECK CHECK CHECK NAME DATE AMOUNT NUMBER 2000-03-23 1,630.29 0279577 DICRERSON-FLORIDA, INC 2000-03-23 283.85 0279578 DIRECT.SAFETY COMPANY 2000-03-23 112.50 0279579 DION, RITA 2000-03-23 1,681.05 0279580 DATA SUPPLIES, INC 2000-03-23 338.46 0279581 DANIELS, MARK 2000-03-23 1,165.01 0279582 DAVIDSON TITLES, INC 2000-03-23 65.00 0279583 DAYTON, JAMES DELRAY STAKES & SHAVINGS INC 000-03-23 20 712.80 0279584 0-03-23 1,000.33 0279585 DADE PAPER COMPANY 2000-03-23 26.49 0279586 DENNY'S 2000-03-23 177.21 0279587 DOWNTOWN PRODUCE INC 2000-03-23 300.00 0279588 DILLON, EDWARD D 2000-03-23 2,240.87 0279589 DOLPHIN DATA PRODUCTS INC 2000-03-23 2,052.77 0279590 D CARR INVESTMENTS, INC 2000-03-23 338.46 0279591 DUBOIS, PETER 2000-03-23 196.00 0279592 DAYS INN ELLIOTT BUSINESS MACHINES, INC 000-03-23 161.25 0279593 2000-03-23 354.00 0279594 E D DESIGNER HATS 2000-03-23 18,093.10 0279595 ECOLOGICAL ASSOCIATES INC 280 0279596 FGFOA/FACC MEETING 2000-03-23 .00 49.17 2000-03-23 0279597 FEDEB 2000-03-23 186.83 0279598 FISHER SCIENTIFIC 2000-03-23 59.92 0279599 FLORIDA BAR, THE COCA-COLA BOTTLING CO 2000-03-23 847.75 0279600 0279601 FLORIDA FLORIDA POWER & LIGHT COMPANY 2000-03-23 43,485.26 0279602 FLORIDA SLUDGE, INC 2000-03-23 4,977.00 195.30 0279603 FLORIDA WATER RESOURCES 2000-03-23 92.63 0279604 FOOT -JOY DRAWER 2000-03-23 219.72 0279605 FLOWERS BAKING COMPANY OF 2000-03-23 985.20 0279606 FLORIDA TIRE RECYCLING, INC 2000-03-23 158.00 0279607 FAIRFIELD HOTEL 2000-03-23 5,000.00 0279608 FLORIDA DEPT OF COMMUNITY 2000-03-23 0279609 FATHER & SON CARPET, INC 2000-03-23 150.00 0279610 FLORIDA NOTARY SERVICE AND 2000-03-23 147.80 0279611 FLORIDA LEAGUE OF CITIES, INC 2000-03-23 725.00 0279612 F & W PUBLICATIONS INC 2000-03-23 94.07 0279613 FREIGHTLINER TRUCKS OF SOUTH 2000-03-23 1,538.29 0279614 FIRESTONE TIRE & SERVICE 2000-03-23 1,474.00 0279615 FELIX EQUITIES, INC 2000-03-23 55,188.66 0279616 GALE GROUP, THE 2000-03-23 721.40 0279617 GAYLORD BROTHERS, INC 2000-03-23 190.58 0279618 GLIDDEN COMPANY, THE 2000-03-23 29.59 0279619 GOODKNIGHT LAWN EQUIPMENT, INC 2000-03-23 25.17 0279620 GRAYBAR ELECTRIC CO INC 2000-03-23 391.56 0279621 GALL'S INC 2000-03-23 399.80 0279622 GROCHOLL, KEITH 2000-03-23 39.00 0279623 GRILL REFILL, INC 2000-03-23 120.00 0279624 GROLIER EDUCATIONAL 2000-03-23 795.00 0279625 GIFFORD YOUTH ACTIVITIES CENTS 2000-03-23 7,579.95 0279626 GOLDEN LAKES SOFTWARE 2000-03-23 760.00 0279627 GRAPH% PRINTING 2000-03-23 1,367.00 0279628 GOMEZ, JESUS 2000-03-23 338.46 0279629 GRASS, BARBARA 2000-03-23 338.46 0279630 HARRIS SANITATION, INC 2000-03-23 82.06 0279631 HUNTER AUTO SUPPLIES 2000-03-23 168.81 0279632 HUSAINY, TABER M D 2000-03-23 200.00 0279633 MACH COMPANY 2000-03-23 1,569.12 0279634 HICKMAN, GUY MD, FAAOS 2000-03-23 200.00 0279635 H C WARNER, INC 2000-03-23 77.59 0279636 HILL MANUFACTURING 2000-03-23 104.24 0279637 HATFIELD, ERIC 2000-03-23 120.00 0279638 HOLIDAY BUILDERS 2000-03-23 11000.00 APRIL 49 2000 -19- APRIL 4, 2000 -20- BOOK v ; A� E CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0279639 HINTON'S CARPET CLEANING 2000-03-23 396.00 2,066.75 0279640 HARTMAN & ASSOCIATES INC 2000-03-23 106,956.70 0279641 INDIAN RIVER COUNTY 2000-03-23 20,341.69 0279642 INDIAN RIVER COUNTY SOLID 2000-03-23 1,063.75 0279643 INDIAN RIVER COUNTY SCHOOL 2000-03-23 160.00 0279644 INDIAN RIVER COUNTY 2000-03-23 380.00 0279645 INSTRUMENTATION SERVICES, INC 2000-03-23 84.50 0279646 INDIAN RIVER BATTERY, INC 2000-03-23 502.10 0279647 INDIAN RIVER BLUEPRINT CO INC 2000-03-23 0279648 INDIAN RIVER COUNTY UTILITY 2000-03-23 510.80 0279649 INDIAN RIVER MEMORIAL HOSPITAL 2000-03-23 15,304.50 0279650 INGRAM LIBRARY SERVICES 2000-03-23 46.37 0279651 INDIAN RIVER COUNTY BOARD OF 2000-03-23 1,523.00 0279652 IBM CORPORATION 2000-03-23 1,880.31 0279653 INDIAN RIVER ALL -FAB, INC 2000-03-23 811.05 0279654 INTERNATIONAL GOLF MAINTENANCE2000-03-23 73,621.15 0279655 IRC EMPLOYEE HEALTH INSURANCE- 2000-03-23 124,169.37 0279656 INTERIM PERSONNEL 2000-03-23 326.40 0279657 IDENTIFAX INVESTIGATIVE 2000-03-23 320.84 0279658 INDIAN RIVER INDUSTRIAL 2000-03-23 171,026.70 0279659 IRRIGATION CONSULTANTS UNLIMIT 2000-03-23 29.26 0279660 JACOBS ELECTRIC MOTOR REPAIR 2000-03-23 250.00 0279661 JANIE DEAN CHEVROLET, INC 2000-03-23 242.37 117.80 0279662 JETSON TV AUDIO, STERO & 2000-03-23 2,000.72 0279663 JANITORIAL DEPOT OF AMERICA 2000-03-23 492.44 0279664 JOHNSON CONTROLS INC 2000-03-23 878.00 0279665 JONES CHEMICALS, INC 2000-03-23 23.42 0279666 KNIGHT & MATHIS, INC 2000-03-23 423.78 0279667 KELLY TRACTOR CO 2000-03-23 1,483.29 0279668 KEEP INDIAN RIVER BEAUTIFUL 2000-03-23 11069.98 0279669 K & M ELECTRIC SUPPLY INC 2000-03-23 301.91 0279670 0279671 KAI LUCAS WATERPROOFING CO, INC 2000-03-23 2000-03-23 5,133.00 0279672 LEARY INCORPORATED 2000-03-23 2,284.00 2,732.47 0279673 LAUREL HOMES, INC 2000-03-23 24.91 0279674 LEISURE ARTS, INC 2000-03-23 1,635.40 0279675 LOWE'S COMPANIES, INC. 2000-03-23 1,571.00 0279676 LIGHT SOURCE BUSINESS SYSTEMS 2000-03-23 0279677 LFI VERO BEACH, INC 2000-03-23 4,778.80 134.95 0279678 LESCO, INC 2000-03-23 2000-03-23 2,900.00 0279679 LETTIERE, DOMINIC J CPA 70.00 0279680 LAPSCO INC 2000-03-23 338.46 0279681 LARSON, TOM 2000-03-23 121.29 0279682 LUCENT TECHNOLOGIES 2000-03-23 0279683 LIGHTHOUSE BOOKS ABA& 2000-03-23 235.00 0279684 LANDSCAPE STOP 2000-03-23 415.00 0279685 MACMILLAN OIL COMPANY 2000-03-23 149.10 0279686 MARSHALL CAVENDISH CORP 2000-03-23 423.95 0279687 MAXWELL PLUMBING, INC 2000-03-23 31.08 0279688 MCCOLLUM, NATHAN 2000-03-23 564.00 0279689 MILNER DOCUMENT PRODUCTS 2000-03-23 738.73 0279690 MRCHT, KENNETH 2000-03-23 1,050.95 0279691 MICRO WAREHOUSE 20Q0-03-23 575.25 0279692 MCMASTER-CARR SUPPLY COMPANY 2000-03-23 364.47 0279693 MAURER, ERMA B, RN 2000-03-23 113.00 0279694 MIDWEST TAPE EXCHANGE 2000-03-23 9.99 0279695 MICKLE, VALERIE 2000-03-23 28.05 0279696 MGB CONSTRUCTION -INC 2000-03-23 500.00 0279697 MAXWELL, KIMBERLY 2000-03-23 11.59 0279698 METTLER-TOLEDO FLORIDA, INC 2000-03-23 230.00 0279699 MET -PRO CORPORATION/DUALL DIV 2000-03-23 3,034.00 0279700 MARCKEL, CHARLES 2000-03-23 49.27 APRIL 4, 2000 -20- • CHECK NAME NUMBER CHECK CHECK DATE AMOUNT 0279701 NORTRAX EQUIPMENT COMPANY 2000-03-23 2,023.26 0279702 OFFICE PRODUCTS & SERVICE 2000-03-23 604.89 0279703 ON IT'S WAY 2000-03-23 212.22 _ 0279704 OXFORD UNIVERSITY PRESS 2000-03-23 73.77 0279705 OFFICE DEPOT, INC 2000-03-23 4,349.99 0279706 OFFICE MAX 2000-03-23 108.24 0279707 O'NEIL, LEE & WEST _ 2000-03-23 9,387.41 0279708 PEPSI -COLA COMPANY 2000-03-23 47.50 0279709 PERKINS INDIAN RIVER PHARMACY 2000-03-23 21.53 0279710 PUBLIC DEFENDER 2000-03-23 7,532.24 0279711 PROCTOR CONSTRUCTION 2000-03-23 '1,000.00 0279712 PHYSIO CONTROL 2000-03-23 384.60 0279713 PORT PETROLEUM, INC 2000-03-23 1,232.14 0279714 PLEZALL WIPERS, INC 2000-03-23 110.12 0279715 PRAXAIR DISTRIBUTION 2000-03-23 607.49 0279716 PRESS JOURNAL 2000-03-23 117.00 0279717 PANKIEWICZ-FUCHS, PATRICIA A 2000-03-23 23.40 0279718 PHOTIRON 2000-03-23 380.98 0279719 PURDY, JOLLY & GIUFFREDA, P A 2000-03-23 428.10 0279720 PATTI, DAVID 2000-03-23 230.24 0279721 PINNACLE TOWERS INC 2000-03-23 2,700.00 0279722 QUALITY BOOKS, INC 2000-03-23 65.32 0279723 QUINLAN PUBLISHING CO 2000-03-23 96.81 0279724 RADIOSBACK 2000-03-23 119.07 0279725 ROBINSON EQUIPMENT COMPANY,INC 2000-03-23 423.88 0279726 RICHTER, CORY S 2000-03-23 338.46 0279727 ROBERTS & REYNOLDS PA 2000-03-23 20,120.55 0279728 RECORDED BOOKS INC 2000-03-23 242.40 0279729 R & G SOD FARMS 2000-03-23 170.00 0279730 RELIABLE TRANSMISSION SERVICE 2000-03-23 3,145.00 0279731 RUBBER STAMP EXPRESS & MORE 2000-03-23 43.61 0279732 RANGELINE TAPPING SERVICE INC 2000-03-23 325.00 0279733 RENTAL 1 2000-03-23 292.78 0279734 ROYAL CUP COFFEE 2000-03-23 64.00 0279735 REXEL CONSOLIDATED ELECTRIC 2000-03-23 341.05 0279736 RYAN REPORTING 2000-03-23 522.05 0279737 RUBY TUESDAYS 2000-03-23 3,900.00 0279738 SAFETY EQUIPMENT COMPANY 2000-03-23 375.00 0279739 SCOTTY'S, INC 2000-03-23 146.60 0279740 SEWELL HARDWARE CO, INC 2000-03-23 484.32 0279741 SOUTHERN CULVERT, DIV OF 2000-03-23 4,860.98 0279742 SOUTHERN EAGLE DISTRIBUTING, 2000-03-23 736.40 0279743 SOUTHERN ELECTRIC SUPPLY 2000-03-23 300.17 0279744 ST LUCIE BATTERY & TIRE, INC 2000-03-23 173.79 0279745 STATE ATTORNEY 19TH CIRCUIT 2000-03-23 15,203.71 0279746 STURGIS LUMBER & PLYWOOD CO 2000-03-23 156.82 0279747 SUNRISE FORD TRACTOR & 2000-03-23 87.42 0279748 STEIL, HOLLY 2000-03-23 174.56 0279749 SUBSTANCE ABUSE COUNCIL 2000-03-23 1,857.11 0279750 SUN BELT MEDICAL SUPPLY, INC 2000-03-23 470.60 0279751 SELIG CHEMICAL IND 2000-03-23 68.19 0279752 SALEM PRESS, INC 2000-03-23 121.25 0279753 SUPERIOR PRINTING 2000-03-23 64.15 0279754 SPEEGLE CONSTRUCTION, INC 2000-03-23 172,834.29 0279755 SAFECO, INC 2000-03-23 285.60 0279756 SYSCO FOOD SERVICES OF 2000-03-23 1,699.77 0279757 STEWART MINING INDUSTRIES INC 2000-03-23 21,034.99 0279758 SEBASTIAN POLICE DEPARTMENT 2000-03-23 25.00 0279759 SEBASTIAN RIVER HIGH SCHOOL 2000-03-23 40.00 0279760 STRICKLAND, RICK 2000-03-23 338.46 APRIL 49 2000 BOOK CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0279761 SAM'S CLUB #6520 2000-03-23 45.00 0279762 STM/SAVE THE MOMENT 2000-03-23 48.00 0279763 SOUTHERN SECURITY SYSTEMS OF 2000-03-23 112.50 0279764 STALLINGS, JASON 2000-03-23 338.46 0279765 STAGE & SCREEN 2000-03-23 13.80 0279766 SILEO, STEVEN ANDREW 2000-03-23 28.00 0279767 SEVERN -TRENT -AVATAR UTILITY 2000-03-23 12,744.03 0279768 SMITH'S ANTIQUES AND BOOKS 2000-03-23 222.50 0279769 SHOEMAKER, MIKE 2000-03-23 75.00 0279770 SEIFER, RONALD PHD 2000-03-23 141.00 0279771 SEBASTIAN POWER CENTER RENTAL 2000-03-23 968.82 0279772 SAMARITAN CENTER 2000-03-23 4,166.67 0279773 STEWART, SARAH LYNN 2000-03-23 19.32 0279774 TARMAC AMERICA INC 2000-03-23 2,128.00 0279775 TEN -8 FIRE EQUIPMENT, INC 2000-03-23 859.50 0279776 TITLEIST DRAWER 2000-03-23 115.28 0279777 TEXACO CREDIT CARD CENTER 2000-03-23 3,005.66 0279778 TLC DIVERSIFIED, INC 2000-03-23 109,234.22 0279779 TIPPIN, JOHN W 2000-03-23 23.49 0279780 TAMPA MARRIOTT WATERSIDE 2000-03-23 297.00 0279781 T A P SOD 2000-03-23 16,123.75 0279782 TRUELINE GOLF INC 2000-03-23 241.00 0279783 TREASURE COAST REFUSE 2000-03-23 243.26 0279784 TREASURE COAST NEWSPAPERS 2000-03-23 547.50 0279785 TREASURE COAST NEWSPAPERS 2000-03-23 2,211.02 0279786 THYSSEN MIAMI ELEVATOR 2000-03-23 1,958.00 0279787 TURNER PEST CONTROL INC 2000-03-23 1,500.00 0279788 TREASURE COAST INFECTIOUS 2000-03-23 500.00 0279789 TED ANDERSEN MASONRY 2000-03-23 360.00 0279790 URSULEAN, FLORIN 2000-03-23 338.46 0279791 US FILTER DISTRIBUTION GROUP 2000-03-23 9,451.71 0279792 UNIPSYCH BENEFITS OF FL,INC 2000-03-23 2,154.60 0279793 U.S. FILTER 2000-03-23 416.76 0279794 VELDE FORD, INC 2000-03-23 3,111.44 0279795 VERO BEACH, CITY OF 2000-03-23 51,871.72 0279796 VERO BEACH, CITY OF 2000-03-23 340,000.00 0279797 VERO LAWNMOWER CENTER, INC 2000-03-23 360.55 0279798 VERO BEACH, CITY OF 2000-03-23 176.69 0279799 VILLARS, RICHARD 2000-03-23 338.46 0279800 VERO BEACH POLICE DEPARTMENT 2000-03-23 85.00 0279801 VERO BEARING & BOLT 2000-03-23 118.52 0279802 VOLUNTEER ACTION CENTER 2000-03-23 50.00 0279803 VANEREM, ROGER 2000-03-23 500.00 0279804 WAL-MART STORES, INC 2000-03-23 644.90 0279805 WALSH, LYNN 2000-03-23 75.19 0279806 WHEELER, GARY C 2000-03-23 9,768.45 0279807 WORLD BOOK INC 2000-03-23 65.00 0279808 W W GRAINGER, INC 2000-03-23 1,122.81 0279809 WILLHOFF, PATSY 2000-03-23 130.00 0279810 WILLIAM THIES & SONS, INC 2000-03-23 148.50 0279811 WALLS, JOE 2000-03-23 338.46 0279812 WATERWORKS CAR WASH 2000-03-23 168.00 0279813 WORLDCOM COMMUNICATIONS, INC 2000-03-23 60.45 0279814 WOLFE, ERIN 2000-03-23 16.74 0279815 WHEELED COACH INDUSTRIES INC 2000-03-23 442.87 0279816 WOLF'S HEAD BOORS, INC, ABAA 2000-03-23 65.00 0279817 WOOD, BRIAN 2000-03-23 783.00 0279818 W W GRAINGER INC 2000-03-23 74.17 0279819 XEROX CORPORATION 2000-03-23 188.29 0279820 YANKEE BOOK & ART GALLERY 2000-03-23 40.00 0279821 YOUNG, JODI 2000-03-23 338.46 0279822 ZEE MEDICAL SERVICE 2000-03-23 236.77 APRIL 4, 2000 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0279823 ZIEGLER, MICHAEL R 2000-03-23 403.34 0279824 SCHILL, LARRY 2000-0323 484.34 0279825 WILLIAMS JR, IVEY 2000-03-23 53.34 0279826 LUCAS, PAUL 2000-03-23 35.47 0279827 EASTERWOOD SR, L G 2000-03-23 23.29 0279828 GREEN, FREDDIE 2000-03-23 36.11 0279829 TUROFF, LILLIAN F 2000-03-23 48.42 0279830 WHEELER, BEVERLYN $000-03-23 11.11 0279831 R ZORC & SONS BUILDERS INC 2000-03-23 124.86 0279832 ROBERTSON, JAMES 2000-03-23 112.10 0279833 BARRETT, MARY 2000-03-23 28.82 0279834 CHURCH, BRYANT 2000-03-23 81.84 0279835 LEWIS, CHRISTA F 2000-03-23 25.51 0279836 MARCLEY, JOAN N 2000-03-23 26.75 0279837 PROCTOR CONSTRUCTION CO, INC 2000-03-23 454.58 0279838 BEARD, RAYMOND 2000-03-23 22.17 0279839 BOSER, RONALD 2000-03-23 33.40 0279840 MC DONALD, TIMOTHY J 2000-03-23 2.68 0279841 WHITE, SHIRLEY 2000-03-23 16.70 0279842 ROMILUS, PAUL 2000-03-23 45.73 0279843 STEVENS, RICHARD 2000-03-23 59.36 0279844 RIGH TON, HARRY 2000-03-23 106.28 0279845 JOHN LLOYD BUILDERS INC 2000-03-23 22.02 0279846 FRANCHVILLE, PETER J 2000-03-23 31.12 0279847 SARBOUKH, WILLIAM 2000-03-23 19.81 0279848 SHEFIELD JR, JAMES E 2000-03-23 21.76 0279849 COLON JR, JOSE G 2000-03-23 12.67 0279850 LAROSE, DOROTHY A 2000-03-23 109.98 0279851 KRYGERIS, EDWARD J 2000-03-23 22.54 0279852 BRADLEY, CLARA 2000-03-23 25.36 0279853 MANTHEY, CLIFFORD E 2000-03-23 39.01 0279854 LECKETT, MARGITTA 2000-03-23 29.59 0279855 FERRERI JR, SALVATORE 2000-03-23 54.68 0279856 FAZZARI JR, SUE JARSULIC 2000-03-23 53.22 0279857 PASSAGE ISLAND HOMES 2000-03-23 70.35 0279858 YARISH, COLLIER R 2000-03-23 82.10 0279859 FORSYTH, ROBERT L 2000-03-23 1.37 0279860 FIRST NATIONAL BANK & TRUST 2000-03-23 31.98 0279861 MUELLER, MARK 2000-03-23 54.25 0279862 43RD STREET DEVELOPMENT 2000-03-23 81.48 0279863 CONWAY, HOPE 2000-03-23 7.36 0279864 EDDINGER, MARY 2000-03-23 50.14 0279865 TREASURE COAST BUILDERS INC 2000-03-23 39.14 0279866 NI%, ROSE MARY 2000-03-23 52.62 0279867 AMDITIS, GREGORY 2000-03-23 29.59 0279868 BIEDIGER, SHELLEY 2000-03-23 57.98 0279869 BATUSIC II, MICHAEL 2000-03-23 33.55 0279870 HILL, JOHN MICHAEL 2000-03-23 84.02 0279871 MC CAW, ANTOINETTE L 2000-03-23 35.32 0279872 BAKKE, ADAM 2000-03-23 17.01 0279873 PHAN, ELIZABETH M 2000-03-23 45.39 0279874 PEREZ, PATRICIA 2000-03-23 38.16 0279875 CUMBERLAND FARMS -HYDRANT MTR 2000-03-23 135.36 0279876 LIBBENGA, STEVE 2000-03-23 90.95 0279877 KERWIN, KATHRYN 2000-03-23 93.33 0279878 ANDERSON, FRED 2000-03-24 194.00 0279879 BRORTON, LYDIA 2000-03-24 223.00 0279880 BEUTTELL, PETER M 2000-03-24 284.00 0279881 SILKEN GROUP 2000-03-24 1,166.00 0279882 BEANS, ROBERT 2000-03-24 137.00 0279883 BROOKS, DONNA AND CITY OF VERO 2000-03-24 46.00 APRIL 49 2000 -23- BOOK • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0279884 BELL PROPERTY MANAGEMENT 2000-03-24 281.00 0279885 BOUYSSOU, STEPHANE H 2000-03-24 308.00 0279886 BROOKHAVEN, TOWN OF 2000-03-24 287.22 0279887 BREVARD COUNTY HOUSING AUTHRTY 2000-03-24 1,278.44 0279888 CORR, RHODA L 2000-03-24 251.00 0279889 COLLINS, THOMAS H 2000-03-24 581.00 0279890 CENTURY 21 SEATRER REALTY, INC 2000-03-24 286.00 0279891 CARLTON, ALLAN R DECEASED 2000-03-24 308.00 0279892 C P E ASSOCIATES 2000-03-24 1,272.00 0279893 CAPAK, GERALD T 2000-03-24 421.00 0279894 CLUNN, JEFFREY 2000-03-24 341.00 0279895 CARONE, PAUL 2000-03-24 268.00 0279896 COASTAL ESCROW SERVICES, INC 2000-03-24 537.00 0279897 CARLUCCI, LEONARD A 2000-03-24 366.00 0279898 DOOLITTLE JAMES A & ASSOCIATES 2000-03-24 2,890.00 0279899 DOVE, E WILSON 2000-03-24 253.00 0279900 DOYLE, CHERYL 2000-03-24 301.00 0279901 EDGEWOOD PLACE (305-113) 2000-03-24 560.00 0279902 EDWARD, FRANKLIN 2000-03-24 327.00 0279903 FOGERTY, GEORGE A 2000-03-24 353.00 0279904 FRESH, DANIEL J 2000-03-24 274.00 0279905 FT PIERCE, CITY OF 2000-03-24 5,120.98 0279906 FOGARTY ENTERPRISES, INC 2000-03-24 419.00 0279907 FORD, ROBERT J 2000-03-24 287.00 0279908 FLEMMING, PEACOLA & CITY OF 2000-03-24 36.00 0279909 GASKILL, ROBERT 2000-03-24 249.00 0279910 GIFFORD GROVES, LTD 2000-03-24 10,337.00 0279911 GRACE'S LANDING LTD 2000-03-24 3,454.00 0279912 HOLM, LEO 2000-03-24 469.00 0279913 HAMM, BEVERLY AND CITY OF VERO 2000-03-24 89.00 0279914 HUNLEY, J MICHAEL 2000-03-24 369.00 0279915 HANFORD, PAMELA AND CITY OF 2000-03-24 53.00 0279916 IMBRIANI, VINCENT 2000-03-24 232.00 0279917 JAMES A DOOLITTLE & ASSOCIATES 2000-03-24 5,537.00 0279918 JAHOLKOWSKI, PAUL J REVOCABLE 2000-03-24 322.00 0279919 JAHOLKOWSKI, MIKE 2000-03-24 245.00 0279920 JULIN, PAUL 2000-03-24 185.00 0279921 JOHNSTON, PATTIE 2000-03-24 391.00 0279922 JACKOWSKI, MICHAEL 2000-03-24 309.00 0279923 JONES, ALpHONSO 2000-03-24 255.00 0279924 KOLB, GREGORY L - DECEASED 2000-03-24 438.00 0279925 KNOWLES, MARK OR ANNA 2000-03-24 241.00 0279926 KISSIMMEE, CITY OF 2000-03-24 442.22 0279927 LAWRENCE, TERRY A 2000-03-24 185.00 0279928 LANGLEY, PHILIP G 2000-03-24 239.00 0279929 L & S MANAGEMENT 2000-03-24 179.00 0279930 LINDSEY GARDEN'S APARTMENTS 2000-03-24 7,159.00 0279931 MI%ELI,, LLONALD AND/OR 2000-03-24 380.00 0279932 M 0 D INVESTMENTS 2000-03-24 887.00 0279933 MONTGOMERY, WILLIAM 2000-03-24 203.00 0279934 MALGERIA, PRISCILLA 2000-03-24 423.00 0279935 MORRILL, TINA AND CITY OF 2000-03-24 31.00 0279936 MULLINS, B FRANK 2000-03-24 587.00 0279937 MC CLAY, ROBIN 2000-03-24 166.00 0279938 MCGRIFF, SHARON AND CITY OF 2000-03-24 26.00 0279939 MCNEAL, JAMES 2000-03-24 177.00 0279940 MIAMI BEACH, CITY OF 2000-03-24 392.22 0279941 MEAD, THOMAS H OR HELEN S 2000-03-24 244.00 0279942 NORMAN, DOUGLAS OR -BARBARA 2000-03-24 337.00 0279943 O'NEAL, LESLIE & CITY OF VERO 2000-03-24 43.00 0279944 ORLANDO HOUSING AUTHORITY 2000-03-24 732.22 APRIL 4, 2000 -24- • 0 • CHECK CHECK CHECK NAME DATE AMOUNT NUMBER 0279945 PALMER TRAILER PARR 2000.03-24 273.00 0279946 PITTMAN, CATHERINE & FLORIDA 2000-03-24 34.00 0279947 POLLY, EMMA 2000-03-24 763.00 0279948 PIERSON, JOHN H DBA 2000-03-24 322.00 0279949 PALUMBO, LOUIS 2000-03-24 267.00 0279950 PUERTO RICO DEPARTMENT OF 2000-03-24 486.22 0279951 PRYOR, VALERIE AND CITY OF 2000-03-24 72.00 0279952 REAGAN, WILLIE C 2000-03-24 611.00 0279953 RAUDENBUSH, ERNEST 2000-03-24 245.00 0279954 RODRIGUEZ, BLANCA 2000-03-24 274.00 0279955 RICOTTI, RICARDO 2000-03-24 268.00 0279956 RIVER PARK PLACE 2000-03-24 3,003.00 0279957 ST FRANCIS MANOR 2000-03-24 2,537.00 0279958 SCROGGS, BETTY DAVIS 2000-03-24 322.00 0279959 SACCO, JACQUELINE AND/OR 2000-03-24 245.00 0279960 SABONJOHN, FLORENCE 2000-03-24 256.00 0279961 STUART HOUSING AUTHORITY 2000-03-24 487.22 0279962 SANDY PINES 2000-03-24 3,735.00 0279963 SHELTON, ROBERT L 2000-03-24 423.00 0279964 STARCK, MICHAEL R 2000-03-24 267.00 0279965 STRIBLING, WILLIAM JR 2000-03-24 267.00 0279966 SUNDMAN, IVAN 2000-03-24 333.00 0279967 STIMELING, PAUL B OR MARGARET 2000-03-24 217.00 0279968 SARTAIN, CHARLES S & TELECIA 2000-03-24 265.00 0279969 TOWN & COUNTRY LEASING 2000-03-24 403.00 0279970 TORRES, HARRY 2000-03-24 565.00 0279971 TUMLIN, TRACY N 2000-03-24 252.00 0279972 VERO MOBILE HOME PARK 2000-03-24 337.00 0279973 VERO FIRST CORPORATION 2000-03-24 2,174.00 0279974 BLAKE, SALLIE (WYNN) 2000-03-24 280.00 0279975 WILLIAMS, TOBIAS M 2000-03-24 397.00 0279976 WILLIAMS, DEBRA WASHINGTON 2000-03-24 160.00 0279977 WILLIAMS, EDITH 2000-03-24 329.00 0279978 YORK, LILLY B 2000-03-24 193.00 0279979 YORK, DAVID 2000-03-24 367.00 0279980 ZANCA, LEONARD 2000-03-24 643.00 2,046,580.74 7.D. CAFtPATIOALTERATION- C6UNTYADMIlVISTRAnoNBuffDI1VG The Board reviewed a Memorandum of March 27, 2000: APRIL 4, 2000 Pi -25- 60^,� ._ ° y. Date: March 27, 2000 To: Honorable Board of County Commissioners Through: James E Chandler, County Administrator From: Thomas W. Frame, Director, Department of General Services '%•kcf`_ Subject: Cafe Patio Alteration BACKGROUND: The Board had requested that staff prepare an estimate of costs to provide an external opening from the County Cafe (Super Dip) to the outside to allow for a patio and an additional smoking area for the public and employees. The proposed construction is as follows (see attached Building & Grounds memo dated March 3): 1. 20' X 25' patio 2. A landing platform at door with ramp down to patio 3. Handrails 4. Minimal Landscaping 5. Three concrete tables with benches The estimated costs shall not exceed $7,500 and would be funded from the General Fund Contingency. RECOMMENDATION: If the Board is desirous of seeing the project done, then the Board needs to authorize the proposed project to be funded from the General Fund Contingency and authorize the staff to proceed with the project as outlined not to exceed $7,500.00. APRIL 4, 2000 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously authorized the proposed project to be funded from the General Fund Contingency m an amount not -to -exceed $7500 and authorized staff to proceed with the project as outlined, as recommended by staff. -26- 0 7.E. RESOLUTION 2000-03 7ABANDONING A PORTION OF AN EASEMENT ON TRACT B, SEA OAKS LANEVIEW ESTATES PRD (SEA OAKS INVESTMENTS, LTD. -1235 EAST WnvDING OAKS CIRaE) The Board reviewed a Memorandum of March 2422000: TO: James E. Chandler County Administrator DEPAITMENT HEAD CONCURRENCE: r � Robert M. Keating, AICP Community Development Director --V&97 THROUGH: Roland M. DeBlois,1`-AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Zedek Code Enforcement Officer DATE: 03/24/2000 RE: SEA OAKS INVESTMENTS LTD. REQUEST FOR RELEASE OF A PORTION OF AN EASEMENT AT 1235 EAST WINDING OAKS CIRCLE It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 2000. DESCRIPTION AND CONDITIONS The County has been petitioned by Sea Oaks Invesments, LTD, owner of a parcel at 1235 East Winding Oaks Circle, for release of a three-foot wide portion of a twelve -foot wide drainage and utility easement on the parcel. The purpose of the request is to allow construction of a pool deck into the three-foot wide easement area proposed for release (see attached maps). ALTERNATIVES AND ANALYSIS The request has been reviewed by Bell South Communications: Florida Power & Light Corporation: T.C.I. Cable Corporation; the Indian River County Utilities Department: the County Road & Bridge and Engineering Divisions; the County surveyor. and the Property Owners Association. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to utilities being supplied to the subject properties or to other properties. APRIL 49 2000 boa m = : i'r�l t p RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, release the three-foot portion of the twelve -foot drainage and utility easement on the subject property, as more particularly described in said resolution. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 2000-037 abandoning a portion of an easement on Tract B, Sea Oaks Lakeview Estates PRD (Sea Oaks Investment, Ltd. - 1235 East Winding Oaks Circle). RESOLUTION NO. 2000-037 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING A PORTION OF AN EASEMENT ON TRACT B, SEA OAKS LAKEVIEW ESTATES PRD WHEREAS, Indian River County has a drainage and utility easement on Tract B, Sea Oaks Lakeview Estates PRD, as recorded in Plat Book 14, Pages 33 & 33A of the Public Records of Indian River County, Florida; and WHEREAS, the retention of a three-foot portion of the easement, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of a portion of an easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to SEA OAKS INVESTMENTS, LTD. 1235 EAST WINDING OAKS CIRCLE VERO BEACH, FL 32963 . successors in interest, heirs and assigns, Grantee, as follows: APRIL 4, 2000 -28- • RESOLUTION N0.2000-037 Indian River County does hereby release and abandon all right, title, and interest that it may have in the following described easement (portion): a three foot wide portion of a twelve foot wide drainage and utility easement on Tract A Sea Oaks Lakeview Estates PRD., more particularly described as the northeasterly three deet o) the southwesterly twelve feet of Tract B, according to the plat thereof, as recorded in Plat Book 14, Pages 33 & 33A, of the Public Records of Indian River County, Florida THIS RESOLUTION was moved for adoption by Commissioner Stanbridge , seconded by Commissioner Ginn , and adopted on the 4th day of Apri 1 2000, by the following vote: Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye e Commissioner John W. Tippin Aye Commissioner Ruth Stanbridge Ate_ The Chairman declared the resolution duly passed and adopted this 4th day of Anri 1 12000. BOARD OF COUNTY CONIIMSIONERS OF INDIAN RIVER COUNTY, FLORIDA By cSna 13 oz(�,x ".0 Fran B. Adams Chairman Attested By. _ Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 4th day of April 2000, by FRAN B. ADAMS, as Chairman of the Board of County Commissioners of Indian River County, Florida, and by patrir•i,a I �Ipnes , Deputy Clerk for JEFFREY K. BARTON, Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me. NOTARY PUBLIC ftberl E Masamg 1✓c ? . MY COMMISSION t CC054M E%PIRES Printed Nam My 15, 2003 Kim9 assume-- ° WM=Tm WFAWW%MA XWC Commission No.: CC8554 6 Commission Expiration: July 15, 2003 APPROVED AS TO FORM AND LE f_ Terrence P. O'Brien Acting County Attorney APRIL 49 2000 -29- is �Fl � "~� lv')� it p•v " J BOOK i j! 7. F. VERNON G. FOSTER - REQUEST FOR FINAL PD PLAN/PLAT APPROVAL FOR PELICAN POINTE PHASE H PLANNED DEVELOPMENT The Board reviewed a Memorandum. of March 2822000: TO: James E. -Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert A Keating, AICP Community Development irect -44) THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP /`` \h� Senior Planner, Current Development DATE: March 28, 2000 SUBJECT: Vernon G. Foster's Request for Final PD Plan/ Plat Approval for Pelican Pointe Phase H Planned Development (PD) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 2000. DEVELOPMENT AND LOCATION: Pelican Pointe Phase II PD is the subdivision of a 3.61 acre multi -family zoned parcel into 15 single family lots and 2 tracts, consistent with a conceptual PD plan approved for the project by the Board of County Commissioners. The two tracts will be used for open space and stormwater management. Generally, the subject site is located on the west side of the Indian River just south of Sebastian. More specifically, the site is located on the east side of the existing Pelican Pointe development, just south of the Marina. At its regular meeting of August 27, 1998, the Planning and Zoning Commission granted preliminary PD plan/plat approval for the project. The conceptual plan was subsequently modified by approval of the Board of County Commissioners at its meeting of February 15, 2000 to reduce the project's APRIL 49 2000 -30- U required sidevard setbacks from 14' to 10'. This setback modification did not affect the preliminary plat design, including lot sizes and layout. The approved preliminary PD plan is consistent with the approved and modified conceptual PD plan, and proposes 15 detached single-family homes on individual lots with reduced setbacks. Subsequent to preliminary plan/plat approval, a land development permit was issued for construction, and construction has commenced. The owner, Vernon G. Foster, through his agent, Shalloway, Foy, Rayman and Newell, Inc., is now requesting final plat approval and has submitted the following: A final plat for Pelican Pointe Phase II PD in conformance with the approved preliminary plat. 2. A cost estimate for the remaining required subdivision improvements. A contract for construction of the remaining required subdivision improvements. 4. A letter of credit to guarantee construction of the remaining required improvements. ANALYSIS: At this time, construction of some of the required subdivision improvements has commenced. The applicant has submitted a contract for construction for all of the remaining required subdivision improvements, along with a letter of credit to secure the contract. Both the county engineering division and the utility services department have approved the cost estimate and have verified that the letter of credit amount is adequate to cover the estimated cost of the remaining required improvements. The county attorney's office has approved the construction contract for legal form and sufficiency and has approved the format of the letter of credit. All applicable requirements regarding final plat approval have been satisfied. Pursuant to the county's LDRs, the applicant will be required to obtain a certificate of completion from public works after construction of the required improvements. At that time, the applicant will separately warranty the utility improvements via a Utility Services department Bill of Sale. Since no other improvements are being dedicated to the public, no other warranties will be required. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final PD plan/plat approval for the Pelican Pointe Phase II Planned Development and authorize the chairman to sign the contract for construction and accept the letter of credit that secures the contract. APRIL 4, 2000 -31- BOO ,';iC • ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously granted final PD plan/plat approval for Pelican Pointe Phase II Planned Development and authorized the Chairman to sign the Contract for Construction and accept the Letter of Credit that secures the contract, as recommended by staff. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. FLORIDA COMMUNITIES TRUST CLOSING DOCUMENTS FOR COUNTY COST -SHARE PURCHASE OF THE CASEYPARCELS (ROUND ISLAND SOUTH) AND THE SALAMA AND EMERSONPARCELS (OSLO RIVERFRONT SOUTH) - LAACPROPERTIES The Board reviewed a Memorandum of March 28, 2000: TO: James E. Chandler County Administrator D AR NT HEAD CONCURRENCE: ' , 1' Robert M. Keating, A16P Community Development Dir for FROM: Roland M. DeBloiss Chief, Environmental Planning DATE: March 28, 2000 SUBJECT: Approval of Florida Communities Trust Closing Documents for County Cost -Share Purchase of the Casey Parcels (Round Island South), and the Salama and Emerson Parcels (Oslo Riverfront South) APRIL 49 2000 -32- I It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 2000. The Board of County Commissioners, at a public hearing on March 21, 2000, approved county purchase of the ± 14.6 acre "Casey parcels" of the Round Island South project using environmental land bond funds. Similarly, at a public hearing on December 21, 1999, the Board approved purchase of the ± 66 acre Salama and Emerson parcels of the Oslo Riverfront South environmental land project. Each of the purchases are scheduled to close at the end of April, with 50% cost -share funding from the Florida Communities Trust (FCT). Attached, for the Board's approval consideration, are four documents required by the FCT for the cost -share purchases: three "Purchaser's Reconciliation of Total Project Costs" statements; and a Grant Award Agreement (for the Salama and Emerson parcels; a similar agreement was approved for Round Island South as part of an earlier purchase, and therefore one is not needed for the Casey parcels purchase). Grant Award Agreement The Grant Award Agreement for the Salama and Emerson parcels is a standard document that the FCT requires be recorded in the public records. Generally, the Agreement explains the County's obligations to manage the property for conservation with compatible public access, as agreed to in the grant application. The obligations in the Grant Award Agreement are consistent with proposed management activities described in detail in the conceptual management plan. Reconciliation of Total Project Costs Statements The Purchaser's Reconciliation of Total Project Costs statements provide a breakdown of acquisition costs, and details concerning the cost -share amount that the County will receive from the FCT for each of the purchases. As calculated, the total amount of the FCT grant award that the County will receive for the Casey parcels is $119,075.00. The grant award for the Salama and Emerson parcels is $755,476.15 (Salama - $598,496.15, Emerson - $156,980.00). Summary The County's obligations under the FCT cost -share grants are consistent with the objectives of the County's environmental lands program. Since the County has committed, under its own objectives, to managing the properties for conservation with limited public access, it is staff s position that the Board should approve the herein described documents and proceed to obtain the combined total of $874,551.15 from the FCT for the purchases. Staff recommends that the Board of County Commissioners approve the attached documents, and authorize the Board Chairman to execute the Grant Award Agreement and Purchaser's Reconciliation of Total Project Costs statements for purchase of the Casey, Salama, and Emerson parcels. Moreover, staff recommends that the Board authorize county staff to take actions as necessary to finalize closing of the purchases in coordination with the FCT. APRIL 4, 2000 -33- SOCK SUBJECT CASEY PARCELS (TWO) a a n (PREVIOUSLY ACQUIRED) n APRIL 4, 2000 -34- 05L0 Ftwe'RFRwr 50VT4 Commissioner Ginn felt she could not approve this project and questioned the status of the purchase of the parcels south of Oslo and east of US#1. Environmental Planning Chief Roland DeBlois advised that staff is continuing to negotiate on those parcels. There is little threat of development on those parcels as they are mostly wetlands. APRIL 49 2000 ON MOTION by Commissioner Macht, SECONDED by Commissioner Stanbridge, the Board, by a 4-1 vote (Commissioner Giem opposed) approved the Grant Award Agreement and Purchaser's Reconciliation of Total Project Costs Statements for purchase of the Casey, Salama, and Emerson parcels; authorized staff to take the actions necessary to finalize closing of the purchases in coordination with the Florida Communities Trust; and authorized the Chairman to execute the documentation; all as recommended by staff. CLOSING DOCUMENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E00 ;'AGL 7.H. 1999 PEP REEF SEA TURTLENESTING SEASONREPORT - CHRISTINE PERRETTA, A B. ECOLOGICAL SERVICES The Board reviewed a Memorandum of March 28, 2000: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: Jeffrey R. Tabar, P.E., Coastal Engineer SUBJECT: 1999 PEP Reef Sea Turtle Nesting Season Report DATE: March 28, 2000 The monitoring report is complete for the PEP Reef project for the 1999 sea turtle nesting season. The consultant is requesting final payment in the amount of $3,500. Staff has reviewed and accepted the report and findings. The monitoring and report are part of the permit requirements for the project. Staff recommends release of final payment in the amount of $3,500. Funding to be from 128-144-572-033.19. APRIL 49 2000 ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously approved release of final payment in the amount of $3,500 to Christine Perretta, D. B. Ecological Services, as recommended by staff. -36- • 7L SHOOTING .RANGE -PROJECT #9629 - C. VARGAS & ASSOCIATES The Board reviewed a Memorandum of March 14, 2000: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director Terry B. Thompson, P.E. &K Capital Projects Manager _� //�� .�,, FROM: G. Sean McGuire, P.E. �3�t""-' Project Engineer SUBJECT: Shooting Range - Project No. 9629 DATE: March 14, 2000 DESCRIPTION AND CONDITIONS C. Vargas & Associates, LTD. has requested, and is entitled to Final Payment and 100% Release of Retainage for their Professional Services on this project. All required reviews have been completed. RECOMMENDATIONS AND FUNDING Approve Final Payment and 100% Release of Retainage in the amount of $969.75. Funding from account # 312-108-575-066.51. APRIL 4, 2000 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously approved final payment and release of retainage in the amount of $969.75 to C. Vargas & Associates, as recommended by staff. -37- • 7. J. RESOLUTION 2000-038 CANCELLING CERTAIN DELINQUENT TAXES UPONPUBLICLY OWNED LANDSPURSUANT TO SECTION 196.28. FLORIDA STATUTES MmmK 4R BAROT - 41'x' STREET AND OLD DIXIE RIGHT-OF-WAY) AND RESOLUTION 2000-039 CANCELLING CERTAIN DELINQUENT TAXES UPONPUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES WESALVO - 98wAVENVE RIGHT-OF-WAY) The Board reviewed a Memorandum of March 14, 2000: TO: Board of Commissioners de o / DATE: March 14, 2000 FROM: Lea R. Keller, CLA Legal Assistant - County Attorney's Office RE: Recently Acquired Property - Tax Cancellation The County recently acquired some property and, pursuant to Section 196.28, Florida Statutes, the Board may cancel and discharge any taxes owed on it as long as it was acquired for public purpose. Such cancellation must be done by resolution of the Board, with a certified copy being forwarded to the Tax C&ector (along with copies sent to the Property Appraiser and Fixed Assets). Requested Action: Board authorize the Chairman to sign the attached resolutions which cancel taxes upon the land that the County recently acquired. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 2000-038 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Bhaskar Barot - 41" Street and Old Dixie Right -of -Way). " APRIL 49 2000 -38- 10 0 Re: RNV — 410 Street S Old Dixie BHASKAR BAROT Taff ID #26-32-39-7-0.18.0 RESOLUTION NO. 2000-038 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.26, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 2. The property is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1320, Page 2915 which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 3. The Clerk to the Board of County Commissioners is hereby directed to send a certffied copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Stanbridge , and the motion was seconded by Commissioner Ci nn and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth Stanbridge Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this4th day of Marrh ,2000. BOARD OF COUNTY COMMISSIONERS TAX CERTIFICATES OUTSTP,rM11i3 no vLrrr7:6dTPPO AT21)'�RX;: LEPOSITED WITH TAX COLLECTOR i L t APRIL 49 2000 -39- ByC�ncCdi►" Fran B. Adams Chairman mean Wry Co Approved Detd Aumin 20 j legal C hisk Mgr. BOOKAGE ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 2000-039 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (DeSalvo - 98' Avenue Right -of -Way). Re: R/W — 9811 Avenue DeSalvo Tax ID #33-31-38-3-10-8.0 RESOLUTION NO. 2000- 039 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon Its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 3. The property is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1,69A Page7� which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 4. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. APRIL 4, 2000 -40- The resolution was moved for adoption by Commissioner _ Stanbri dge and the motion was seconded by Commissioner Ginn , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams -Aye Vice Chairman Caroline D. Gin Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth Stanbridge Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 4th day of Marrh , 2000. BOARD OF COUNTY COMMISSIONERS AWN 11111 W Deputy TAY. CERTIFICATES OUT C -T a.:E; 41 ""� no CLt 9EHTPROIAT.ii't';'�:._'r::. DEPOSITED WITH TAX COLLECT Orl t Fran B. Adams Chairman 7X PAYMENTS TO VENDORS OF COURT -RELATED COSTS The Board reviewed a Memorandum of March 2322000: TO: Board of County Commissioners ,,y�y FROM: Terrence P. O'Brien, Assistant County Attorney 4 "' DATE: March 23, 2000 SUBJECT: Payments to Vendors of Court Related Costs The Office of the County Attorney has processed and approved payment to the following vendors for the weeks of March 6 through March 20, 2000. Listed below are the vendors and the amount of each court related costs. Vendor: Payment for: Amount: Donald B. Edwards, DMD Expert Witness 75.00 Steve Kerby State Attorney Costs 121.42 Gregory C. Landrum, Psy.D. Clinical Evaluation 625.00 Medical Record Services State Attorney Costs 10.55 Patricia W. Key Transcription 56.00 Patricia W. Key Transcription 150.50 Robert J. Brugnoli, Ph.D. Clinical Evaluation 500.00 APRIL 4, 2000 8000 'A � Gregory C. Landurm, Psy.D. Clinical Evaluation 450.00 Shirley E. Corbin Transcription 84.00 Peggy Gollnick Transcription 56.00 Robert J. Brugnoli, Ph.D. Clinical Evaluation 500.00 Steve Kerby State Attorney Costs 101.33 Indian River County Sheriff Public Defender Costs 7.35 James T. Long, Esq. Public Defender Conflict-Misd. 900.00 James T. Long, Esq. Public Defender Conflict -Felony 4,200.00 James T. Long, Esq. Public Defender Conflict-Juv. 600.00 Patricia W. Key Transcription 259.00 Patricia W. Key Transcription 87.50 Edward J. Abare, 111, Esq. Public Defender Costs 172.78 Fairwinds Travel & Tours Public Defender Costs 297.00 Sandy Crawford, Clerk State Attorney Costs 6.00 Peggy Gollnick Transcription 63.00 Atlantic Reporting Transcription 19.00 Linda R. Phillips Transcription 147.00 Randall deB. Bertolette, M.D. State Attorney Costs 25.00 Karen M. Orlando Transcription 143.50 Sandy Crawford, Clerk Public Defender Costs 19.00 Peggy Gollnick Transcription 283.50 Linda R. Phillips Transcription 70.00 Joseph J. Alfieri, Ph.D. Clinical Evaluation/Expert Witness 2,023.00 Hammond & Smith, P.A. Indigent Dependency Case 2,302.39 Karen M. Orlando Transcription 70.00 Karen M. Orlando Transcription 10.50 Linda R. Phillips Transcription 80.50 Karen M. Orlando Transcription 87.50 Debby Thomas Transcription 1578.50 Floyd Evans Court Interpreter 25.00 Karen M. Orlando Transcription 42.00 Linda Copeland Transcription 50.50 Linda R. Phillips Transcription 63.00 Linda R. Phillips Transcription 66.50 Debby Thomas Transcription 154.00 Debby Thomas Transcription 56.00 Patricia B. Held Transcription 126.00 Avis Sheila I. Flinn Witness Coordination 47.37 Linda Copeland Transcription Transcription 161.00 Robert J. Brugnoli, Ph.D. Clinical Evaluation 350.00 500.00 Margaret Keys -McCain, Esq. State Attorney Costs 253.40 Pegasus Travel Roberti. Brugnoli, Ph.D. State Attorney Costs 533.00 Linda R. Phillips Clinical Evaluation Transcription 500.00 Cristi Martin Transcription 38.50 21.00 Linda R. Phillips Transcription 154.00 Floyd Evans Randall deB. Bertolette, M.D. Interpreter State Attorney Costs 5.00 Linda R. Phillips Transcription 17.00 101.50 Cristi Martin Linda R. Phillips Transcription 147.00 Avis Transcription 59.50 Carlos L. Wells Public Defender Costs 74.50 Carlos L. Wells Public Defender Costs 170.76 Fairwinds Travel Public Defender Costs Public Defender Costs 190.19 Fairwinds Travel Public Defender Costs 85.00 541.00 Floyd Evans Robert J. Brugnoli, Ph.D. Court Interpreter 12.50 Avis Clinical Evaluation 350.00 Patricia B. Held Public Defender Costs 34.54 Linda R. Phillips Transcription Transcription 87.50 Linda Copeland Transcription 101.50 119.00 Robert J. Brugnoli, Ph.D. Barbara G. Schopp Clinical Evaluation 500.00 Transcription 171.50 APRIL 4, 2000 -42- Debby Thomas Transcription 59.50 339.5019.00 Linda Copeland Transcription State Attorney Costs Sandy Crawford, Clerk Robert Lockwood, Clerk State Attorney Costs 3.00 35 Patricia Held Transcription .00 22,535.00 Total NO ACTION REQUIRED OR TAKEN. U. PROCLAMATIONDESIGNATING THE WEEK OFAPRm 9-15,2000.4S CRIME VICTIMS' RIGHTS WEEK j7yINDIANRIVER COUNTY The following Proclamation was entered into the record: PROCLAMATION WHEREAS, as our County continues its efforts to fight crime at every level, we must never lose sight of the toll crime takes on victims; and WHEREAS, those who have suffered a violation of their person, property or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at -large; and WHEREAS, crime victims play an indispensable role in bringing offenders to justice; and WHEREAS, law-abiding citizens are no less deserving of justice, rights, resources, restoration and rehabilitation than the violent offenders who victimize them; and WHEREAS, the citizens across America believe that Victims' Rights are Right for America and the millions of survivors of crime and their families deserve justice; and APRIL 49 2000 -43- WHEREAS, let us Dare to Dream that in the year 2000 and beyond, respect and dignity will be basic rights for everyone victimized by crime; and WHEREAS, Indian River County is joining forces with victim service programs, criminal justice officials and concerned citizens throughout Indian River County to observe National Crime Victims' Rights Week: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of April —15, 2000 be designated as CRIME VICTIMS' RIGHTS WEEK in Indian River County, and urge the citizens of this County to use the week to reaffirm our commitment to see that crime victims receive our respect, understanding and help this week and throughout the year. Adopted this 4'h day of April, 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - SHERIFF GARY C. WHEELER - NOTICE OF REQUEST FOR PUBLIC HEARING -1999 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) The Board reviewed a letter of March 27, 2000: APRIL 4, 2000 0 Vero Beach, Florida 32960 RE: Notice of Request For Public Hearing, 1999 LLEBG Dear Chairman Adams: Once again, it is time to review the spending plan for the Local Law Enforcement Block Grant (LLEBG) 1999 program year. In meeting the special requirements of the grant each year, we are required to present a proposed spending plan at a public hearing. Please allow this letter to serve as a request to set the public hearing date of May 2, 2000, at the next Board of County Commissioners' Meeting scheduled for 04/04/00. Attached is a copy of the proposed spending plan, as allowed under LLEBG Program Purpose Area I: Law Enforcement support for eouinment. technology. and other material directly related to basic law enforcement functions Should you have any questions, feel free to contact Sandy Shields at 978-6254. Thank you for your assistance. Sincerely, A7C� u.-�4u� Gary C. Wheeler, Sheriff Indian River County • GCW:ss Attachment (1) cc: Caroline D. Gimr, Commissioner Kenneth R. Macht, Commissioner Ruth M. Stanbridge, Commissioner John W. Tippin, Commissioner The 173rd Internationally Accredited Law Enforcement Agency ON w Accredited by the COmmL;dOn on Accreditation for Law Enforcement Agencies, Incorporated as "k• APRIL 49 2000 -45- ;L L ... I ,__ .7,, -) �LL iff* ` GARY C. WHEELER • INDIAN RIVER COUNTY wEi1s ER FLCRiOA SHERIFFS ASSCC;AT.Cti MEM B ER OF NATIONAL SHERIF=S ASSCC;;.T,CN 4055 41 st AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE (561) 569-6700 Proposed Spending Plan: 1999 Local Law Enforcement Block Grant Purpose Area I. Law Enforcement support for: Procuring equipment, technology, and other material directly related to basic law enforcement functions. 1999 LLEBG Grant Award = $76,471 Local Match = $8,497 Total Program Money = $84,968 Item #1: Voice Writer, $30,000 To optimize current C.A R.E. system by providing a digital dictation from the field for reporting purposes. This option will allow deputies to call in reports twenty four hours a without having to wait for a live call taker, or hand write reports. Reports can then be transcribed by CARE Operators upon reporting for duty the next day. The system automatically prompts deputies through the report format substantially increasing effectiveness of the field reporting process. Item #2: Expansion of Mobile Computing Project, $54,968 Expansion of current mobile computing project providing additional laptops for deputies in the field. The market has increased the options available to meet the needs of law enforcement; this in turn has allowed the Sheriffs Office to pursue more modestly priced hardware. Current laptops under review cost approximately $1,900 each to acquire; once readied for field use and wireless access, the total cost per unit is approximately $4,000. We anticipate acquisition of 13 additional laptops. 3kiIW The 173rd Internationally Accredited Low Enforcement Agency , Accredited by the Commission on Accreditation for Law Enforcement Agencies. Incorporated APRIL 4, 2000 -46- ON MOTION by Commissioner Macht, SECONDED by Commissioner Stanbridge, the Board unanimously authorized staff to set a public hearing date of May 2, 2000 for presentation of the proposed spending plan for the 1999 Local Law Enforcement Block Grant (LLEBG), as requested. 9.A.1. PUBLIC HEARING - WAYNE KLEKAMP - REQUEST FOR PLANNED DEVELOPMENT SPECIAL EXCEPTION USE AND PRELIMINARY PLANNED DEVELOPMENT PLAN APPROVAL FOR AN AGRICULTURAL PD TO BE KNOWN AS "WHITE GATE" PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of March 28, 2000: TO: James E. Chandler County Administrator DMS -51 N HEAD CONCURRENCE: Robert M. Keating, AICP Community Development D' ctor THROUGH: Stan Boling, AICP Planning Director FROM: Jeff Blackstone _f Staff Planner, Community Development APRIL 49 2000 -47- K " r • b 0 0 K DATE: March 28, 2000 SUBJECT: Wayne Klekamp's Request for PD (Planned Development) Special Exception Use and Preliminary PD Plan Approval for an Agricultural PD to be Known as White Gate It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 2000. DESCRIPTION & CONDITIONS: Knight, McGuire & Associates, Inc. has submitted an application for PD (Planned Development) special exception use and preliminary PD plan approval on behalf of Wayne Klekamp to create eight (8) 5 acre tracts in an agriculturally designated area. The subject property is a 40 acre parcel of land that is located on the south side of 41' Street, 3/4 of a mile west of W Avenue. The entire property is presently a citrus grove. The subject property is zoned A-1, Agricultural (up to 1 unit/5acres), is located outside the Urban Service Area, and is designated AG -1 (Agricultural up to 1 unit/5acres). The proposed 8 lot residential/agricultural subdivision is allowed in the AG -1 area, subject to the special exception use provisions of sections 911.06(4) and 911.14(2) of the county's land development regulations (see attachment #4) for residential subdivisions in agricultural areas. • PDs in Agriculturally Designated Areas To address certain urban sprawl concerns raised by DCA during its review of the 1990 Comprehensive Plan, the county adopted special policies and regulations regarding development of single-family subdivisions in agriculturally designated areas. The resulting special regulations require use of the PD process and a layout of the lots that "clusters" homesites in a manner that provides large remaining areas of open space (used for agriculture or preservation of natural features), in a manner that minimizes residential/agricultural use conflicts. Therefore, the LDRs limit the maximum lot or homesite size to 1 acre, with remaining areas designated as open space (see attachment #4). Lot or homesite clustering also preserves the ability for future development of the overall property at a higher density if, in the future, the comprehensive plan is changed and the property is re -designated for residential development. Clustering can be accomplished in different ways. One approvable concept clusters the lots in a standard subdivision layout of 1 acre or smaller lots and creates 1 large tract which could be separately owned and limited to open space (agricultural or preservation) uses until such time as the land may be re -designated. Another approvable clustering concept creates larger tracts, each with a designated buildable lot area (homesite). Such tracts can be laid out so as to cluster the buildable lot areas in close proximity to one another or in close proximity to a land feature or roadway. Under such clustering designs, each tract could be individually owned. This type of clustering concept has been used in the design of the proposed White Gate subdivision, which proposes 1 acre homesite areas on 5 acre tracts, with the homesite areas clustered around a proposed project roadway. Thus, individually owned tracts comprise the entire project site, yet residential homesites (located within tracts) are clustered in relation to a proposed road. It should be noted that agricultural PD requirements have been reviewed by the Agricultural Advisory Committee (AAC) and the Board of County Commissioners is scheduled to review these requirements at its April 4, 2000 meeting; the same meeting at which this PD proposal is scheduled for approval. Based upon its review, the Board could change current agricultural PD requirements. The applicant has been made aware of this reconsideration process and potential agricultural PD changes, and has decided to go through the current agricultural PD process. Therefore, current agricultural PD regulations and policies have been applied to this application and have been satisfied. APRIL 4, 2000 r� • PD Project Process As a PD project, the process involved in review and approval of this proposal is as follows: Approval Needed Reviewing Body 1. Conceptual Plan/Special Exception PZC & BCC 2. Preliminary PD PZC 3. Land Development Permit (LDP)or Waiver Staff 4. Final PD (plat) BCC The applicant is now requesting approval of the fust two steps. If approved by the Board of County Commissioners, the applicant will need to obtain from public works an LDP or LDP waiver for proposed improvements. • Planning and Zoning Commission Consideration The Planning and Zoning Commission considered the first two steps in the PD process for this project at its regular meeting held March 9, 2000. At that meeting, the Planning and Zoning Commission unanimously approved the preliminary plat application subject to the Board of County Commissioners approval of the special exception use. The Planning and Zoning Commission also recommended that the Board grant the special exception use for the project as proposed (see attachment #6). • Board of County Commissioners Consideration Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested conceptual PD plan based on the submitted PD plan and suitability of the site for that use. The Board may approve, approve with conditions, or deny the special exception use. The County may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. ANALYSIS: 1. Size of PD Area: 37.02 acres Note. The subject site originally consisted of ±40 gross acres but is now less than 40 acres due to canal right-of-way dedications. 2. Zoning Classification: A-1, Agricultural (up to 1 unit per 5 acres) 3. Land Use Designation: AG -1, Agricultural (up to 1 unit per 5 acres) 4. Density: Allowed: up to .20 units/acre Proposed: .20 gross units/acre* *Based upon the site's original gross acreage of 40 acres with 8 homesites proposed. This density calculation is consistent with county allowances and previous project approvals that recognize gross acreage of agricultural PD sites. APRIL 49 2000 -49- I 5. Minimum Tract Size: Required: 200,000 sq. ft. the in A-1 zoning district Proposed: 201,000 sq. ft. (individual tract, including 1 acre homesite area) 6. Maximum Lot/Homesite Area: Allowed: 1 acre Proposed: 1 acre (encompassed within individual S acre tracts) 7. Open Space: Required: 60% Provided: 80% 8. Surrounding Land Use and Zoning: North: 45' Street, Grove/A-1 South: Grove/A-1 East: Grove, Pasture/A-1 West: IRFWCD Range Line Canal, Sebastian River Drainage District Lateral 'V' Canal/A-1 9. Traffic Circulation: Due to the small number of units proposed, no special traffic study was required. In addition, no off-site traffic improvements are required, and none are proposed. The 8 tracts will be accessed via a one-way internal loop road that will have a full - movement, two-way connection to 41" Street. This internal private road, to be known as 73d Avenue, is not required to be paved and is proposed as a stabilized marl/shell surface road. The road will not be located within a right-of-way; instead a 125' wide drainage, utility, and roadway easement will be established via the plat and the road will be located within that easement. The road will be owned by the individual lot owners and will be maintained by the property owners. Traffic Engineering has approved the proposed circulation plan and 41' Street connection, and has no objection to PD plan approval. 10. Stormwater Management: A conceptual stormwater management plan has been reviewed by the Public Works Department. Public Works will perform a more detailed drainage review in conjunction with review of the county Type "C" stormwater permits that will be required for each single-family house. Prior to the issuance of an LDP or LDP waiver, the developer will need to obtain a Type "B" stormwater management permit for the required subdivision improvements. 11. Utilities: Because the site is located outside of the Urban Service Area, no water or sewer service is required, and none is proposed. Therefore, the project will have -on-site wells and septic tanks for each tract. These utility provisions have been approved by the Department of Utility Services and the Environmental Health Department 12. Dedications and Improvements: Paving, Sidewalk, and Bikeway: Since the proposed development is a low volume traffic generatodattractor and is located outside the Urban Service Area, the applicant is not required to pave 41' Street, and no such paving is proposed. No sidewalk or bikeway improvements are required, and none are proposed. APRIL 4, 2000 Murphy Act Deed: A Murphy Act road reservation exists along the site's 41" Street frontage, affecting the northern 55' of the site. Some private project improvements are proposed within this 55' reservation area, including an equestrian/walking trail to be located along the north property line of the site.. Prior to the issuance of an LDP or LDP waiver, either the Murphy Act Deed must be released or the PD plan must be revised to relocate improvements outside of the Murphy Deed reservation area. Roadway, Drainage, Utility and Easement: It will be the responsibility of the property owners to maintain these improvements. 13. Concurrency: The applicant has obtained a conditional concurrency certificate which satisfies concurrency requirements related to the special exception use and preliminary PD plan/plat requests. Therefore, all concurrency requirements related to special exception use and preliminary PD plan/plat approval have been satisfied. 14. Buffers and Setbacks: Given that the surrounding area is presently used for and is designated for agricultural purposes, no special buffering is required. Since the A-1 district 30' setbacks exceed the 25' planned development perimeter setback, the 30' A-1 district setback will control. Therefore, no special setbacks are requested, and none will apply to this PrejecL 15. Caribbean Fruit Fly Host Plant: The county Comprehensive Plan requires that Caribbean fruit fly host plants be prohibited within PDs in agricultural areas. The applicant has indicated that he has no objection to creating a restriction that would prohibit host plants on the subject property. Such restrictions must be included in the project's covenants and restrictions, which will be reviewed at the time of final plat application. 16. Waivers: The only waiver being requested by the applicant relates to the provision of a roadway easement instead of the standard dedication of a separate road right-of-way. Planning staff does not object to the granting of this waiver. RECOMMENDATION: Based on the above analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners grant PD special exception use approval and the requested waiver, with the following conditions: 1. Prior to the issuance of a land development permit, the applicant shall obtain a release of the Murphy Act Deed Road Reservation along the northern edge of the site or revise the PD plan to relocate the proposed improvements outside the reservation area. 2. That prior to or via the final plat a restrictive covenant shall be established on the project site prohibiting Caribbean fruit fly host plants. Furthermore, as a PD special exception use condition, Caribbean fruit fly host plants are prohibited within the project area. ATTACHMENTS: 1. Application 2. Location Map 3. Preliminary PD Plan 4. LDR Excerpts 5. Land Use Policy 5.8 6. Planning and Zoning Commission Minutes from March 9, 2000 APRIL 49 2000 -51- BOOK r�l v The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. Under discussion, Commissioner Stanbridge thought there should be a way to put people on notice when they move into the area that they are not in an urban service area and that their neighbor is an agricultural PD. Acting County Attorney Terry O'Brien felt the regulations could be amended to require disclosure of the agriculturally zoned land and disclosure that urban service area amenities would not be available. The Chairman then reopened the public hearing. Ellen Roberts, 7070 41" Street, had lived there for 18 years and had no problem with development but was concerned about the long term impact. They live V2 mile from 41' Street and have suffered a large increase in traffic. The 40 acres to the east of them is also for sale. 41' Street is a low-density, dirt road used by horses and cars in increasing numbers. They would love to have sewers and paved roads and certainly did not plan on the Ryanwood or Indian River Malls. She asked the Board to consider the impact of further development on that road. Jeff Meade, 7100 41' Street, questioned whether the 4 acres left after development of the 1 -acre homesite would be used as "common ground", and Planning Director Boling responded that the 4 acres belong to the homesite and would not be common ground. He also explained to Mr. Meade the requirements for setbacks and green areas. APRIL 4, 2000 -52- I The Chairman then asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. APRIL 4, 2000 ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board unanimously granted PD special exception use approval and waived the dedication of a separate road right-of-way in lieu of the provision of a roadway easement, with the following conditions: (1) Prior to the issuance of a land development permit, the applicant shall obtain a release of the Murphy Act Deed Road Reservation along the northern edge of the site or revise the PD plan to relocate the proposed improvements outside the reservation area; and (2) Prior to or via the final plat, a restrictive covenant shall be established on the project site prohibiting Caribbean fruit fly host plants, with a PD special exception use condition that Caribbean fruit fly host plants are prohibited within the project area; all as recommended by staff. -53- 9.A.2. PUBLIC HEARING - (1) ORDINANCE 2000-010 AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±8.21 ACRES LOCATED APPROXIMATELY 1/4 MILE SOUTH OF 37m STREET AND ±492 FEET NORTH OF 33RDSTREET FROM L-1 TO C/I AND BY CHANGING THE LAND USE DESIGNATION FOR ±8.21 ACRES LOCATED ON THE NORTH SIDE OF BAPTIST RETIREMENT CENTER ±470 FEET SOUTH OF 37TH STREET FROM C/I TO L-1 AND (2) ORDINANCE 2000-011 AMENDING THE ZONING ORDINANCE AND ACCOMPANYING ZONING MAP FROM RS -3 TO MED FOR ±8.21 ACRES LOCATED APPROXIMATELY 1/4 MILE SOUTH OF 37m STREET AND ±492 FEET NORTH OF 33" STREET AND FROM MED TO RM -3 FOR ±8.21 ACRES LOCATED ON THE NORTH SIDE OF BAPTIST RETIREMENT CENTER ±470 FEET SOUTH OF 37m STREET (INDIAN RIVER MEMORIAL HOSPITAL AND KENNEDY GROVES, INC. PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE APRIL 49 2000 CLERK TO THE BOARD -54- The Board reviewed a Memorandum of March 17, 2000: TO: James E. Chandler; County Administrator DECENT HEAD CONCURRENCE , ert M. Keating, AICP; Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning S'11 FROM: John Wachtel; Senior Planner, Long -Range 04, DATE: March 17, 2000 RE: Indian River Memorial Hospital and Kennedy Groves, Inc., Request to Amend The Comprehensive Plan to Redesignate +8.21 Acres From L-1 to CA, And to Rezone Those +8.21 Acres From RS -3 to MED; And to Amend The Comprehensive Plan to Redesignate +8.21 Acres From C/I to L-1, And to Rezone Those 18.21 Acres From MED to RM -3 PLAN AMENDMENT NUMBER: LUDA 99-08-0002 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 2000. This is a request to redesignate *8.21 acres from L-1, Low -Density Residential -1 (up to 3 units/acre) to C/1, Commercial/Industrial, while simultaneously redesignating a nearby ±8.21 acre tract from C/I to L-1. Unlike commercial industrial node expansion requests, the proposed -amendment will not increase the amount of C/I designated land and will not increase land use density/intensity. Rather, this amendment will reconfigure the US 1/37th Street Medical/Commercial Node. Figure 1, on page three of this staff report, shows the location of each of the subject properties and depicts their comprehensive plan future land use designations. Figure 2, on page four, shows the location and zoning district of each of the subject properties. The property to be redesignated from L-1, Low -Density Residential -1 (up to 3 units/acre) to C/1, Commercial/Industrial, is located approximately a quarter mile south of 37" Street and ±492 feet north of 33`d Street. This property will be referred to as Subject Property 1. The request involves rezoning Subject Property 1 from RS -3, Single -Family Residential District (up to 3 units/acre) to MED, Medical District. The property to be redesignated from C/I to L-1 is located ±1,450 feet to the east of Subject Property 1, ±470 feet south of37" Street. That property will be referred Property 2. The request Prop to as Subject also involves rezoning Subject Property 2 from MED, Medical District, tot Prop Multiple -Family Residential District (up to 3 units/acre). APRIL 49 2000 The purpose of this request is to reconfigure the shape of the existing medical/commercial node to accommodate expansion of the Indian River Memorial Hospital (IRMH) Campus. Currently the county's second largest employer, IRMH is projected to continue to be an important element of the county's economy in the future. This request is needed to secure the necessary land use designation and zoning district to develop Subject Property 1 with medical/commercial uses. On October 28, 1999, the Planning and Zoning Commission voted 4 to 0 to recommend that the Board of County Commissioners approve the proposed land use amendment and rezoning. On December 7, 1999, the Board of County Commissioners voted 4 to 1 to transmit the proposed land use amendment to the State Department of Community Affairs (DCA) for its review. Consistent with state regulations, DCA reviewed the proposed amendment and prepared an Objections, Recommendations and Comments (ORC) Report (dated February 17, 2000) which planning staff received on February 21, 2000. The DCA ORC Report did not contain any objections or comments relating to the proposed amendment. Although the number of plan amendments that a local government may consider is not limited, the frequency with which local governments can amend their comprehensive plan is regulated by state law. According to Florida Statutes, plan amendments are limited to twice per calendar year. For that reason, the county accepts general plan amendment applications only during the "window" months of January and July. In this case, the subject application was the only application submitted during the July 1999 window. APRIL 4, 2000 -56- • Figure 1: Comprehensive Plan Future Land Use Designation and Location of Subject Properties APRIL 49 2000 • 6 y 4titi� Yt 1 Subject � V ,, Property ._ 1 1 33rd Street APRIL 49 2000 • SOCK Figure 2: Zoning District and Location of Subiect Properties B � o� -ubject �------- 11Property 1 i 7.... ..` RS=3 - I 33rd Street.- .�� �� �..�� ■� ���� �� Nil loll APRIL 4, 2000 -58- • • The procedures for reviewing comprehensive plan amendments involve several steps. First, the Planning and Zoning Commission, as the Local Planning Agency, conducts a public hearing to review the request. The Commission has the option to recommend approval or denial of the Comprehensive Plan amendment request to the Board of County Commissioners. Also, the Planning and Zoning Commission may recommend approval of or deny any associated rezoning request. If the rezoning request is denied, only the land use amendment request is forwarded to the Board, unless the denial to rezone is appealed. Following Planning and Zoning Commission action, theBoard of County Commissioners conducts two public hearings. The first of those hearings is for a preliminary decision on the land use amendment request. At that hearing, the Board determines whether or not the land use amendment warrants transmittal to DCA for fiuther consideration. A Board of County Commissioners decision not to transmit the land use amendment to DCA constitutes denial of both the land use amendment and rezoning requests. If the land use amendment is transmitted, DCA conducts a review which includes soliciting comments from the Treasure Coast Regional Planning Council, several state agencies, and neighboring local governments. After its review, DCA compiles its objections, if it has any, in an Objections, Recommendations, and Comments (ORC) Report, and transmits that report to the county. After staff addresses any issues that were raised in the ORC Report, the second and final Board of County Commissioners public hearing is conducted. The Board takes final action to approve or deny the land use amendment and rezoning requests at that time. If the Board approves the requests, the effective date of the adoption ordinances is when the land use amendment is found "in compliance" by DCA. The Board of County Commissioners is now to decide whether or not to adopt the proposed land use designation and zoning for both subject properties. Subject Property 1. Subject Property 1 and properties to the east and south are zoned RS -3 and are part of a 40 acre citrus grove. Land along Subject Property 1's west boundary is zoned RM -6, Multiple -Family Residential District (up to 6 units/acre), and consists of undeveloped upland habitat and possibly some jurisdictional wetlands. North of Subject Property 1, land is zoned MED and consists of medical office buildings and Indian River Memorial Hospital. Subject Property 2 Subject Property 2 and land to the north and west are zoned MED and part of the Indian River Memorial Hospital Campus. Subject Property 2 consists of stormwater management tracts for that campus. Adjacent land to the east is also zoned MED. That land consists of a medical office building and undeveloped wetlands. Land to the south of Subject Property 2 is zoned RS -3 to the east and RM -3 to the west. The RS -3 area contains subdivisions of single-family homes and a golf course. The RM -3 area contains the Baptist Retirement Center assisted living facility. APRIL 49 2000 -59- BOOR BOCK .� rAGL Subject Property 1 Subject Property 1 and properties to the east and south are designated L-1, Low -Density Residential - 1, on the county's future land use map. The L-1 designation permits residential uses with densities up to 3 units/acre. To the west of Subject Property 1, land is designated M-1, Medium -Density Residential -1, on the county's future land use map. The M-1 designation permits residential uses with densities up to 8 units/acre. Land to the north of Subject Property 1 is designated CII, Commercial/Industrial, on the county's future land use map. This designation permits various commercial and industrial zoning districts. Subject Property 2 Subject Property 2 and lands to the north, east, and west are designated CA, Comrnercial/Industrial. Land to the south of Subject Property 1 is designated L-1, Low -Density Residential -1, on the county's future land use map. Subject Property 1 Subject Property 1 is part of a citrus grove. No wetlands or any other environmentally sensitive habitat exist on Subject Property 1. The site is not within a designated flood hazard area. Subject Property 2 Subject Property 2 consists entirely of a stormwater management area. No jurisdictional wetlands or any other environmentally sensitive habitat exist on Subject Property 2. A small area of native upland habitat exists in the southeast comer of the site. The site is within an "AE" 100 year floodplain, with a minimum base flood elevation requirement of 7 feet NGVD. Utilities and Cervices Water lines extend to within a quarter mile of both subject sites from the South County Reverse Osmosis Plant, while wastewater lines extend to within a quarter mile of the sites from the Central Regional Wastewater Treatment Plant. Transportation System Either 36'" Street or 37's Street could provide access to the subject properties. Classified as an urban collector roadway on the future roadway thoroughfare plan map, the segment of 37`" Street that is east of US 1 is a two-lane paved road with approximately 110 feet of existing public road right-of- way. Currently, there are no plans to expand this segment of 37`s Street. Thirty Sixth Street is a two lane local road with 80 feet of public road right-of-way. Currently, there are no plans to expand this segment of 36' Street. APRIL 49 2000 • In this section, an analysis of the reasonableness of the application will be presented. Following a discussion of plan amendment review standards, this section will include the following: • an analysis of the proposed amendment's impact on public facilities; • an analysis of the proposed amendment's compatibility with surrounding areas; • an analysis of the proposed amendment's consistency with the comprehensive plan; and • an analysis of the proposed amendment's potential impact on environmental quality. Unlike most land use designation amendment requests, this request does not involve an increase in land use intensity. As proposed, the request involves a minor reconfiguration, rather than an expansion, of a commercial/industrial node. For this reason, the subject request can be characterized differently from most plan amendments. Typically, plan amendments involve increases in allowable density or intensity of development. As such, the typical amendment would result in impacts to public facilities and changes to land use patterns. Consequently, both the county comprehensive plan and state policy dictate that a high standard of review is required for typical plan amendments. This standard of review requires justification for the proposed change based upon adequate data and analysis. The subject amendment, however, differs significantly from a typical plan amendment request. Instead of proposing density or intensity increases, the subject amendment involves only a locational shift in future land uses without an increase in land use intensity. Staff's position is that these different types of plan amendments wan -ant different standards of review. Since the typical type of amendment can be justified only by challenging the projections, need assessments, and standards used to prepare the original plan, a high standard of review is justified. For amendments involving just shifts in land uses and no intensity/density increase, less justification is necessary. This recognizes that no single land use plan map is correct and that many variations may conform to accepted land use principles and meet established plan policies. In fact, in March 1998, the county amended its comprehensive plan to specifically allow future land use map amendments that do not increase the county's overall land use density or intensity. That change was recommended in the county's adopted Evaluation and Appraisal Report (EAR), which was found sufficient by DCA. EAR based amendments, including that recommendation, were adopted by the county and found "in compliance" by DCA. Both sites comprising this request are located within the County Urban Service Area, an area deemed suited for urban scale development. The comprehensive plan establishes standards for. Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation (Future Land Use Policy 3.1). The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for these services and facilities are maintained, the comprehensive plan requires that new development be reviewed For land use designation amendment requests, this review is undertaken as part of the conditional concurrency determination application process. APRIL 49 2000 0 —61— UU mly 1� ir'J;L . o BOOK F� J :'A L As per section 910.07 of the County's Land Development Regulations (LDRs), conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since land use amendment requests are not projects, county regulations call for the concurrency review to be based upon the most intense use of the subject property based upon the requested land use designation. For commercial/industrial land use amendment requests, the most intense use (according to County LDRs) is retail commercial with 10,000 square feet of gross floor area per acre of land proposed for redesignation. The site information used for the concurrency analysis of Subject Property 1, the commercial/industrial portion of the proposed amendment, is as follows: 1. Size of Area to be Redesignated: 18.21 acres 2. Existing Land Use Designation: L-1, Low -Density Residential -1 (up to 3 units/acre) 3. Most Intense Use with Existing Land Use Designation: 24 units 4. Proposed Land Use Designation: CA, Commercial/ Industrial Node 5. Most Intense Use with Proposed Land Use Designation: 82,100 square feet of Retail Commercial (Shopping Center in the 6th Edition ITE Manual). For residential land use amendment requests, the most intense use (according to County LDRs) is the maximum number of units that could be built on the site, given the size of the property and the maximum density under the proposed land use designation. The site information used for the concurrency analysis of Subject Property 1, the portion of the proposed amendment to be residentially designated, is as follows: 1. Size of Area to be Redesignated: 18.21 acres 2. Existing Land Use Designation: C/I, Commercial/ Industrial Node 3. Most Intense Use with Existing Land Use Designation: 82,100 square feet of Retail Commercial (Shopping Center in the 6'h Edition ITE Manual). 4. Proposed Land Use Designation: L-1, Low -Density Residential -1 (up to 3 units/acre) 5. Most Intense Use with Proposed Land Use Designation: 24 units As per section 910.07(2) of the Concurrency Management Chapter of the County's LDRs, projects which do not increase density or intensity of use are exempt from concurrency requirements. This land use amendment request is exempt from concurrency review because the requested land use designation changes would not increase the square footage of retail commercial use or the total number of potential units that the sites could accommodate. It is important to note that there will be no effect on service levels for any public facility as a result of this land use designation amendment. As with all projects, a detailed concurrency analysis will be done in conjunction with site development. That concurrency analysis will address facility service levels and demand. APRIL 49 2000 -62- CompAtibility with the Surrounding Area Subject Property 1 The following factors indicate that commercial/industrial development on Subject Property i would be compatible with surrounding areas. • Adjacent land on the north is designated C/I; therefore, the request is for the continuation of the existing zoning pattern from the north. • The residentially designated property to the east and south is under the same ownership as Subject Property 1. • County land development regulations somewhat mitigate potential impacts through site design and by requiring commercial/industrial development to provide vegetative buffers. • At approximately 31 acres in size, the residentially designated property to the east and south is large enough to provide additional buffers from Subject Property 1, if necessary. • Property to the west is designated M-1 (up to 8 units/acre), one of the county's most intense residential land use designations. That property, which is zoned RM -6, Multiple -Family Residential District (up to 6 units/acre), is currently vacant. Generally, multiple -family development is more dense than single-family development and has more flexibility, in terms of site design that could mitigate impacts from adjacent commercial/industrial development, than single-family development. For those reasons, multiple -family projects are more compatible with commercial/industrial uses than single- family projects, and the RM -6 zoning district is an appropriate district for residential land that abuts commercial/industrial uses. • At approximately 21 acres in size, the residentially designated property to the west is large enough to provide additional buffers from Subject Property 1, if necessary. Subject Property 2 Currently, Subject Property 2 is a stormwater management tract that is unlikely to be developed. At some time in the future, however, the stormwater management characteristics of the site could be altered or moved, allowing development of the site. If that happened, the following factors indicate that residential development on Subject Property 2 would be compatible with surrounding areas. • Adjacent land to the south is residentially designated, therefore, the request is for the continuation of the existing zoning pattern from south. • Adjacent C/I designated land on the north, east, and west is zoned MED, and consists of primarily of medical offices. In terms of aesthetics, noise, traffic, and hours of operation, medical offices have less impact on surrounding areas than most other commercial land uses. Due to the medical orientation of the subject node, the types of uses surrounding Subject Property 2 are not likely to change. • Adjacent C/I designated land on the west and north is under the same ownership as Subject Property 2. APRIL 4, 2000 -63-BOOK -L I � � rf {:E i BOCK !- LL • At 8.21 acres in size, and 270 feet to 310 feet wide, Subject Property 2 has sufficient size to provide additional buffers, if necessary. • County land development regulations somewhat mitigate potential impacts through site design and by requiring new commercial/industrial development on surrounding property to provide vegetative buffers. • At approximately 70 acres, the adjacent C/I designated land on the west and north is large enough to provide additional buffers from Subject Property 2, if necessary. • Due to the high probability of adjacent land to the east containing wetlands, there is limited development opportunity for those lands. For these reasons, staff feels that the proposed land use amendment would not increase potential incompatibilities with surrounding areas. Consistency with Comprehensive Plan Land use amendment and rezoning requests are reviewed for consistency with all policies of the comprehensive plan. As per section 800.07(1) of the land development regulations, the "comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2), FS." Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map; which includes agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions—including plan amendment and rezoning decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment and rezoning requests. Of particular applicability for this request are the following policies and objectives. Future Land Use Element Policy 143 In evaluating a land use amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a land use amendment request. These criteria are: • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances affecting the subject property; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites and, that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed amendment meets the policy's fourth criterion. As specifically cited in the policy, the proposed amendment involves a swap or reconfiguration of land use designations at APRIL 4, 2000 • separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. For those reasons, the proposed amendment meets the fourth criterion of Future Land Use Element Policy 14.3. Because the proposed amendment meets the policy's fourth criteria, the proposed amendment is consistent with Future Land Use Element Policy 14.3. Future Land Use Element Policies 1.11 and 1.12 Future Land Use Element Policies 1.11 and 1.12 state that the L-1, Low -Density Residential -1, land use designation should be within the urban service area and is intended for urban and suburban scale residential development with densities up to 3 units/acre. Located within the urban service area, and near existing low density residential development, Subject Property 2 is appropriate for residential development with a density of up to 3 units/acre. The proposed amendment would allow that type of low density residential development on Subject Property 2. Therefore, the proposed amendment is consistent with Future Land Use Element Policies 1.11 and 1.12. Future Land Use Element Policy 1.15 Future Land Use Element Policy 1.15 states that the Commercial/Industrial land use designation should be within the urban service area, in areas that are suitable for urban scale development and intensities. Located adjacent to Indian River Memorial Hospital property, within the urban service area, near US 1 and Indian River Boulevard, and with urban services available, Subject Property 1 is appropriate for commercial uses. The proposed amendment would allow commercial development on Subject Property 1. Therefore, the proposed amendment is consistent with Future Land Use Element Policy 1.15. Future Land Use Element Policy 1.16 Future Land Use Element Policy 1.16 sets specific maximum intensities and densities for commercial/industrial development. Those standards limit the intensity of commercial/industrial development throughout the county. Therefore, through Future Land Use Element Policy 1. 16, the county has intensity standards for commercial/industrial development. Because any commercial/industrial development on either subject property would be subject to those standards, the request is consistent with Future Land Use Element Policy 1.16. Future Land Use Element Policy 1.17 Future Land Use Element Policy 1.17 states that county land development regulations shall provide performance standards for commerciaUindustrial development which at a minimum address the following: • gross floor area; • impervious surface ratios; • minimum open space; • parldng; • buffering and landscaping; and • environmental impact. APRIL 49 2000 I 0 As mandated in Future Land Use Element Policy 1. 17, county land development regulations contain standards for commercial/industrial development. Those standards limit the intensity of commercial/industrial development throughout the county. Therefore, through Future Land Use Element Policy 1.17, the county has intensity standards for commercial/industrial development. Because any commercial /industrial development on either subject property would be subject to those standards, the request is consistent with Future Land Use Element Policy 1.17. Future Land Use Element Policy 1.20 Future Land Use Element Policy 1.20 states that nodes shall have a designated size based on the intended use, service area population, existing land use pattern and other demand characteristics. The amount of C/I designated land is based on service area population, the existing land use pattern, and other demand characteristics. The proposed amendment will not alter the amount of CA designated land. Therefore, the proposed amendment is consistent with Future Land Use Element Policy 1.20. Future Land Use Element Policy 1.22 Future Land Use Element Policy 1.22 states that 70% of the land area of a node should be developed with non-residential and non-agricultural uses before that node is considered for expansion. The intent of this policy is to regulate increases in the amount of C/I designated land. Since the proposed amendment does not increase2�o a veloped standard doamount of CA es designated aPP1Y to this land in the subject mendmenFuture Land Use Element Policy Future Land Use Element Policy 1.24 Future Land Use Element Policy 1.24 specifically allows the Bd County eno Commissioners to initiate a land use designation amendment to change C/I designated ed land, provided that the following conditions exist: • The parcel has been redesignated to CIL Commercial/Industrial, since comprehensive plan adoption on February 13,1990; and • The parcel is. currently designated C/I; and • More than two years have passed since approval of the ordinance redesignating the parcel to C/I; and • No construction activity has commenced on the parcel since approval of the ordinance redesignating the parcel to CA. If the proposed amendment is adopted, and if no construction activity takes place on Subject property 1 within the referenced time frames, Policy 1.24 would apply and the Board could initiate an amendment to change Subject Property 1 back to a residential designation. APRIL 49 2000 As part of the staff analysis, all relevant policies in the comprehensive plan were considered. Based upon that analysis, staff determined that the proposed land use designation amendment is consistent with the comprehensive plan. Neither subject property contains wetlands or any other environmentally sensitive habitat. Federal, state, and county environmental protection rules regulating impacts on adjacent and nearby environmentally sensitive lands apply to both subject properties, regardless of land use designation or zoning district. The following are examples of county policies that protect floodplain, wetlands, and other environmentally sensitive areas. • FUTURE LAND USE ELEMENT POLICIES: 1.3, 3.3, 3.4, 7.1, 7.3, 7.4, 7.5, and 7.6 • CONSERVATION ELEMENT POLICIES: 2.4, 5.3, 7.2, 7.3, and 7.4 • STORMWATER MANAGEMENT SUB -ELEMENT POLICIES: 1.1 and 1.2 • CAPITAL IMPROVEMENT ELEMENT POLICIES: 3.3 and 3.5 • LAND DEVELOPMENT REGULATIONS CHAPTERS 928 (Wetland and Deepwater Habitat Protection) and 930 (Stormwater Management and Flood Protection) For these reason, the proposed amendment is not anticipated to adversely impact environmental quality. rONCi .USION The proposed amendment is consistent with the comprehensive plan, compatible with all surrounding land uses, and will cause no adverse impacts on the environment or the provision of public services. The proposed change increases land use efficiency and facilitates economic development. By facilitating the implementation of a "Campus Master Plan" for Indian River Memorial Hospital, the amendment promotes a strong, diverse local economy. For these reason, staff supports the request. Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the request by adopting the attached land use amendment and rezoning ordinances. APRIL 49 2000 -67- IRMH and Kennedy Groves, Inc. Land Use Amendment Request within 60 days DCA nansmits objeetions cewromeodations a� comtnetus report to the wtmty Board ofCounty Commissioners holds final public bearing It Adopted amendments are hansmitted to DCA for compliance review Previous BCC Action • The BCC voted 41 to transmit to DCA APRIL 49 2000 B 0 0 -68- PZC Recommendation • PZC voted 40 to recommend approval DCA O=Report • No Objections or Comments BCC RESPONSIBILITY I • Determine whether or not to adopt the proposed land use amendment & rezoning Land Use Designation • Subject Property I subject Property 2 - Som L-1 to C!1 - from C/I to L-1 Criteria Analyzed • Concurrency • Comprehensive Plan • Compatibility • Environment APRIL 4, 2000 Land Use Designation "Swap" ` Subject Property I Subject Property Z - 811 acres - 811 acres - from residential - from commercial - to commercial - to residential - Kennedy Groves. Inc. - Ind. Riv. Mem. Hosp. - Cintas Grove - stomtwater management tact MI Concurrency • No change in land use intensity Compatibility • Subject Property I — Applicant owns land on the east & south — Multi -family development likely on west — Subject Property 1 can accommodate buffers — Surrounding land can accommodate buffers — Design and approval process Comprehensive Plan • Most applicable — Future land Use Mement Policies 14.3, 1.11, 1.12, 1.15, 1.16, 1.17, 1.20, 1.22, and 1.24 • Consistent with all GOPs Conclusion • Consistent • Compatible • No impact on public facilities • No environmental impacts • Increases land use efficiency • Facilitates economic development • Staff supports the request APRIL 4, 2000 Compatibility 71 • Subject Property 2 - Unlikely to be developed - Land on the east is unlikely to be developed — Applicant owns land on the north & west — Medical development pattern on north & west — Subject Property 2 can accoaunodate buffers — Surrounding land can accommodate buffers — Design and approval process -70- Environmental Impacts • No wetlands • No environmentally sensitive habitat • Same regulations • No additional impacts Recommendation • Staff & the PZC recommend adoption of the proposed land use amendment & rezoning I GENERAL Applicant: Kennedy Groves, Inc. Location: • '/. mile south of 37`" Street and ±492 feet north of 33`d Street Acrengc: ±8.21 Fxisting Land Use Designation: L-1, Low -Density Residential -1 (up to 3 units/acre) Rcquested Land Use De ig an tion: CA, Commercial/Industrial Existing .onin : RS -3, Single -Family Residential District (up to 3 units/acre) Requested ZoninnMED, Medical District Rxigting Land IIc ; Citrus grove ADJACENT LAND hlorth: Medical offices, IRMH; zoned MED, Medical District South & Fast: Citrus grove; zoned RS -3, Single -Family Residential District West: Vacant, wooded; zoned RM -6, Multiple -Family Residential District INFRASTRUCTURE Water and sewer available; access from 37h Street ENVIRONMENTAL CONSTRAINTS None PUBLIC NOTIFICATION Staffrontact: John Wachtel Date Advertised: March 22, 2000 # of Surrounding RQ cM Owners Notified: 26 Date Notification Mailed; March 17, 2000 Date SigI3 Posted: March 17, 2000 STAFF RECOMMENDATION Staff supports the request APRIL 49 2000 nrw."rr y IfiiE tA,^,k�' •:auk Yom. f � a UGKi rI�P L GENERAL Applicant: Indian River Memorial Hospital District Location: North side of Baptist Retirement Center, ±470 feet south of 37'h Street Acreage: ±8.21 Existing Land Use Designation: C/I, CommerciaUIndustrial Requested T .and Use Desi ^tion: L-1, Low -Density Residential- 1.(up to 3 units/acre) Existing Z=ing: MED, Medical District Requested Zoning: RM -3, Multiple -Family Residential District (up to 3 units/acre) Existing T. n -a_ -d Use: Stonnwater Management Tract ADJACENT LAND north: IRMH; zoned MED, Medical District South: Baptist Retirement Center (zoned RM -3); Single -Family S/D's (zoned RS -3) Fast: Medical office, vacant wetlands; zoned MED, Medical District K=: IltMH; zoned MED, Medical District INFRASTRUCTURE Water and sewer available; access from 371s Street ENVIRONMENTAL CONSTRAINTS None PUBLIC NOTIFICATION litaff contact: John Wachtel Date Advertised: March 22, 2000 # of Surrounding Prot, Owners Notified: 26 Date Notification Mailed: March 17, 2000 Date Sieh Posted: March 17, 2000 STAFF RECOMMENDATION Staff supports the request APRIL 49 2000 • V I C-bt4 -72- C7 , w4w .■•6 APRIL 49 2000 • V I C-bt4 -72- C7 Community Development Director Bob Keating explained the process and advised there would be no increase in density or intensity of use. He then responded to several questions from Commissioner Ginn relating to regulations addressing the kind of development allowed and access to the property. He noted that the surrounding property is zoned MED to the north and residential to the east, south and west. Staff has informed the developer that the remainder of the property which is not developed at this time will not be recommended for residential zoning in the future by staff. Chairman Adams believed this is a good swap and the medical use creates a less intensive demand on all of the amenities. Director Keating confirmed that this will be an extension of the hospital campus. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Dean Luethje of Carter & Associates stated that this is a cooperative event between Indian River Memorial Hospital District and Indian River Memorial Hospital, Inc. HealthSystems of Indian River, Inc. will be the title owner to the whole 40 acres. He then introduced Don Loftus, Executive Director for the Hospital District; Rock Tonkel, Assistant to Jeff Susi, Executive Director of the Hospital; and Bill Stewart, legal counsel representing the Hospital. There is a real need for the expansion of the Hospital campus. Commissioner Macht questioned whether there would be an ownership transfer or a lease, and Mr. Luethje responded that HealthSystems will own and develop the property. Commissioner Ginn questioned how this relates to the taxpayer. APRIL 4, 2000 -73- Bill Stewart, legal counsel for the Hospital, noted that all of the property that the Hospital owns will revert to the District at the end of the leases. Commissioner Macht then asked whether the subsidiary will own the property in fee simple, and Mr. Stewart responded that they will, there is just a reverter clause. Commissioner Ginn then questioned why the District Trustees will not have title, and Mr. Stewart responded that private corporations are able to do things that governmental entities cannot do. As a practical matter all the lands revert back to the District. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. Rock Tonkel, Special Assistant to Jeff Susi, noted that the contiguous nature of the project is very important to the Hospital's future plans. The acquisition price of the property across the street was substantially higher and this will be a benefit to the taxpayers. The planned development was not possible on the existing hospital property. Don Loftus clarified that this development has been discussed with the Trustees and they are in full agreement. APRIL 4, 2000 ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board unanimously adopted Ordinance 2000-010 amending the Future Land Use Element of the Comprehensive Plan by changing the Land Use Designation for ±8.21 acres located approximately 1/4 mile south of -74- I 0 376` Street and ±492 feet north of 33rd Street from L- 1, Low -Density Residential-1(up to 3 units/acre) to C/I, Commercial Industrial, and by changing the Land Use Designation for ±8.21 acres located on the north side of Baptist Retirement Center, ±470 feet south of 37' Street from C/I, CommercialAndustrial, to L-1, Low -Density Residential -1 (up to 3 units/acre)(Indian River Memorial Hospital and Kennedy Groves, Inc.). ORDINANCE NO. 2000- 010 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±8.21 ACRES LOCATED APPROXIMATELY A QUARTER MILE SOUTH OF 37TH STREET AND ±492 FEET NORTH OF 33RD STREET, FROM L-1, LOW- DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACRE) TO CA, COMMERCIAL/INDUSTRIAL; AND BY CHANGING THE LAND USE DESIGNATION FOR ±8.21 ACRES LOCATED ON THE NORTH SIDE OF BAPTIST RETIREMENT CENTER, ±470 FEET SOUTH OF 37TH STREET, FROM C/I, COMMERCIAL/ INDUSTRIAL TO L-1, LOW-DENSITY RESIDENTIAL - 1 (UP TO 3 UNITS/ACRE); AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its July 1999 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on October 28, 1999 after due public notice, and WHEREAS, the Local Planning Agency recommended approval of this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on December 7, 1999 after advertising pursuant to Section 163.3184(15)(b)1 and (c), FS, and APRIL 49 2000 • BOOK J- J ORDINANCE NO. 2000-010 WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs for their review and comment, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process for this plan amendment, and WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on December 13, 1999, for the State review pursuant to Section 163.3184(4), FS, and WHEREAS, Indian River County received the Objections, Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs on February 21, 2000, and WHEREAS, the ORC Report contained no objections or comments regarding this Comprehensive Plan Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on April 4, 2000, after advertising pursuant to Section 163.3184(15)(b)2 and (c), FS, and Section 125.66(4), FS; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. rompohensive Plan Amendment Adoption nnd Transmittal The amendment to the Indian River County Comprehensive Plan identified in section 2 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. APRIL 49 2000 -76- I • ORDINANCE NO. 2000- 010 SECTION 2. Amendments tn the Compnbengive Plan The land use designation of the following described property situated in Indian River County, Florida to wit: THE WEST 419.26 FEET OF THE NORTH 853.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. Is changed from L-1, Low -Density Residential -1 (up to 3 units/acre) to CA, Commercial/Industrial, and the Future Land Use Map is hereby revised accordingly. ME The land use designation of the following described property situated in Indian River County, Florida to wit: THE NORTH 490.00 FEET OF THE SOUTH 800.00 FEET OF THE EAST 274.52 FEET AND THE SOUTH 310.00 FEET OF THE EAST 720.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. Is changed from C/I, Commercial/Industrial, to L-1, Low -Density Residential -1 (up to 3 units/acre), and the Future Land Use Map is hereby revised accordingly. SECTION 3. meal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severabili It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. F.ffeWXtDAtC The effective date of this ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption ata public meeting after public notice of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. APRIL 49 2000 -77- �. ,'r�r 0 je u =,1.a q ORDINANCE NO. 2000- 010 This ordinance was advertised in the Press -Journal on the 22nd day of March, 2000 for a public hearing to be held on the 4`h day of April, 2000 at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Ti ppi n , and adopted by the following vote: Chairman Fran B. Adams Vice -Chairman Caroline D. Ginn Commissioner Kenneth R Macht Commissioner Ruth M. Stanbridge Commissioner John W. Tippin 4 II'811S7MW �It/l,'.►IJE'Ilirl�f Ave Aye Aye Aye Ave BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY:y/Q''& 8 Fran B. Adams, Chairman ATTEST (�) .0, Jeffrey K. Barton, tk 41 n . Acknowledgment by the Department of State of the State of Florida this 11 day of�2000 � 1 Acknowledgment from the Department of State received on this::�y ofGAj, 2000, at It .a0 A.M./P.M. and filed in the office of the Clerk of the Board of County Comdissioners of Indian River County, Florida. u\v\jUuVrmht\ludaordwpd APRIL 49 2000 -78- ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board unanimously adopted Ordinance 2000-011 amending the Zoning Ordinance and the accompanying Zoning Map from RS -3 to MED for +8.21 acres located approximately 1/4 mile south of 3-/d. Street and +492 feet north of 33'd Street; and from MED to RM -3 for ±8.21 acres located on the north side of Baptist Retirement Center +470 feet south of 371h Street (Indian River Memorial Hospital and Kennedy Groves, Inc.). ORDINANCE NO. 2000- 011 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -3 TO MED, FOR ±8.21 ACRES LOCATED APPROXIMATELY A QUARTER MILE SOUTH OF 37'x' STREET AND ±492 FEET NORTH OF 33RD STREET; AND FROM MED TO RM -3, FOR ±8.21 ACRES LOCATED ON THE NORTH SIDE OF BAPTIST RETIREMENT CENTER, ±470 FEET SOUTH OF 37"' STREET; AND DESCRIBED HEREIN, AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; APRIL 49 2000 -79- 0 BOOK I ORDINANCE NO. 2000- 011 NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: THE WEST 419.26 FEET OF THE NORTH 853.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. Be changed from RS -3 to MED. L F THE NORTH 490.00 FEET OF THE SOUTH 800.00 FEET OF THE EAST 274.52 FEET AND THE SOUTH 310.00 FEET OF THE EAST 720.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. Be changed from MED to RM -3. All with the meaning and intent and as set forth and described in said Land Development Regulations. Effective Date: This ordinance shall become effective upon the issuance by the State Department Of Community Affairs of a Notice of Intent to find the related Comprehensive Plan Land Use Designation Amendment contained in Ordinance Number 2000- 010 , "in compliance" in accordance with Section 163.3184(9), FS, or the issuance of a final order by the Administration Commission finding the referenced amendment in compliance with Section 163.3184(10), FS. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 4`h day of April, 2000. This ordinance was advertised in the Press -Journal on the 22°d day of March, 2000, for a public hearing to be held on the a day of April, 2000, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Ti ppi n , and adopted by the following vote: APRIL 49 2000 -80- ORDINANCE NO. 2000-011 Chairman Fran B. Adams Aye Vice -Chairman Caroline D. Ginn Ave Commissioner Kenneth R. Macht Ave Commissioner Ruth M. Stanbridge _ Aye Commissioner John W. Tippin AYe BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: s Fran B. Adams, Chairman ATTEST B �) ,e, , Jeffrey K. Barton, Cler This or ' ance was filed with the Department of State on the following date: 9r0 u\v\j\lu\irmhl\rzonord.wpd APRIL 49 2000 -81- � ®F" .ij 1 R F-'' , eoc�� , f_. F, 9.B.1. PUBLIC DISCUSSION ITEM - BIBBLE IRVIN - REQUEST TO SPEAK REGARDING THE BEACH SET LINE PLUS MORE IMPORTANT INFORMATION Bibble Irvin stated that he is a former engineer and has been closely monitoring the County's beaches for over 20 years. Mr. Irvin displayed a number of photographs on the ELMO. (CLERK'S NOTE: The photographs were not submitted to the Clerk as backup.) He commented that he had heard a remark that the erosion at Humiston Park was so bad it was threatening Ocean Drive and he believed that to be an unfair statement. He continued that hurricanes have eroded the beaches for years but the reef system protects these same beaches. He was unsure about the performance of the PEP reef and had spoken to several lifeguards about the buoys on the reef. He was advised by one of the lifeguards that they have to go down on the beach and warn people to stay away from the PEP reef. He believed that the beaches have built up quite a bit and noted that he built a tiki but for George Bunnell about 20 years ago and you now need to crawl on your knees to get under it. He also noted that Mr. Summerlin had to add 40 feet of walk because of the beach buildup. He believed that people just felt that the beaches were bigger long ago and in checking back over the last 40 years, he did not believe there was enough erosion to make a preservation plan necessary. Commissioner Ginn asked for a copy of a photograph of the Ocean Grill, and Mr. Irvin complied. NO ACTION REQUIRED OR TAKEN. APRIL 4, 2000 • 9.B.2. PUBLIC DISCUSSION ITEM - ALONZO SHARPE REQUEST TO SPEAK TO THE BOARD REGARDING CODE ENFORCEMENT ACTION AGAINST HIS PROPERTY AT 10385 130THAVENUE The Board reviewed a Memorandum of March 28, 2000: TO: James E. Chandler County Administrator DEPaTAIENT HEAD CONCURRENCE: Robert M. Keating, AICP Community Development ' ctor FROM: Roland M. DeBloi4p CP Chief, Environmental Planning and Code Enforcement DATE: March 28, 2000 SUBJECT: ALONZO SHARPE REQUEST TO SPEAK TO THE BOARD REGARDING CODE ENFORCEMENT ACTION AGAINST HIS PROPERTY AT 10385130'" AVENUE It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 2000. DPWRTMON AND CONDITIONS Alonzo Sharpe, owner of property at 10385 130`6 Avenue, has requested to speak to the Board of County Commissioners regarding code enforcement action against his property. The subject —5 acre property is zoned A-1, Agriculture, in the unincorporated vicinity of Fellsmere. Summary of Code Enforcement Action On September 10, 1999, code enforcement staff sent Mr. Sharpe a Notice of Code Violation identifying code violations on his property, summarized as follows: • use of a barn structure for a rooming house (resolved) • remodeling of a building without required building permits (unresolved) • accumulation of junk vehicles and junk, trash, and debris (partially resolved) • illegal mobile home (unresolved) Since staffs issuance of the Notice of Code Violation, Mr. Sharpe's code enforcement case has been heard by the County Code Enforcement Board on the following three occasions (see attached Code Board minutes): Evidentiary hearing (October 25, 1999) Compliance hearing (January 24, 2000) Rehearing request (February 28, 2000) APRIL 49 2000 -83- 0 Status of Compliance The Code Enforcement Board has granted Mr. Sharpe until April 21, 2000, to resolve the cited code violations on his property. If the violations are not resolved by that time, the Board will hold a compliance hearing on April 24, 2000, and will decide to either grant an additional period of time for compliance, or impose a fine in the form of a lien against the property. On February 28, 2000, at the rehearing request before the Code Enforcement Board, Mr. Sharpe's main point of contention concerned the Code Board's fording that the mobile home on his property is not "grandfathered," and needs to be removed. The Code Board's fording that the mobile home is not grandfathered was based testimony at the October 25, 1999 evidentiary hearing and at the February rehearing (see attached Code Board meeting minutes). Purview of the Commission The Indian River County Code Enforcement Board was established pursuant to Chapter 162. Florida Statutes, adopted by reference in the County Code (County Code Section 103.03). Section 162.11, F.S., provides that an aggrieved party may appeal a final administrative order of an enforcement board to the circuit court. As such, if Mr. Sharpe's intent is to appeal the County Code Enforcement Board's findings of violations, it is the circuit court, and not the County Commission, that is charged with hearing the appeal. The Board of County Commissioners does have the authority to "execute a satisfaction or release of lien" entered pursuant to Chapter 162 (Section 162.09, F.S). In Mr. Sharpe's case, however, there is currently no lien imposed by the Code Board, and therefore the County Commission's authority to satisfy or release a lien is not applicable. Amendment to County Regulations The Board of County Commissioners has the authority to adopt and amend county regulations, as wan -anted, subject to public hearing procedures. It is staff s position that the county regulations at issue in Mr. Sharpe's case are appropriate and do not warrant revision. Notwithstanding, Mr. Sharpe has the right, as do all citizens, to apply for an amendment to county regulations, subject to established procedures and an application fee. Staff recommends that the Board of County Commissioners defer any action on Alonzo Sharpe's code enforcement case to the County Code Enforcement Board. Morris Thomas,103 85 103rd Aveme, Fellsmere, Mr. Sharpe's brother, explained that Mr. Sharpe had been told that the trailer on the property was grandfathered in when he purchased the property. He then related a disagreement between Mr. Sharpe and one of his neighbors who had called the Code Enforcement Department. The trailer has been on the property since at least 1971. He advised that Mr. Sharpe is considered to be legally blind and raises cows and chickens on his property. The people living in the trailer are there to assist Mr. Sharpe. APRIL 49 2000 -84- • 0 Chairman Adams asked Acting County Attorney O'Brien for a legal opinion as to the Board's position in this discussion since the ruling came from the Code Enforcement Board. Acting County Attorney O'Brien advised that the Board appoints members and sets up the rules for the Code Enforcement Board but has no authority over that Board. Alonzo Sharpe commented that Mr. Thomas had covered most of what he wanted to say but believed that the County was aware that the trailer was on the property when he purchased it and should have advised him at that time that the trailer was not legal. Chairman Adams advised Mr. Sharpe that, under the circumstances, he would have to take the problem back to the Code Enforcement Board. Environmental and Code Enforcement Chief Roland DeBlois stated that this problem has been before the Code Enforcement Board both in an evidentiary hearing and then a compliance hearing. This is really now a matter of compliance. Mr. Sharpe was advised that his recourse at this point in time would be through an appeal to the Circuit Court. NO ACTION REQUIRED OR TAKEN. APRIL 4, 2000 -85- - `� BOCK x J i Ftl l ✓�r� 9.B.3. PUBLIC DISCUSSION ITEM - 21ST CENTURY SATELLITE COMMUNICATIONS. INC. - APPEAL OF PLANNING AND ZONING COMMISSION DENIAL OF AN AFTER -THE -FACT REQUEST FOR A 110 FOOT "CAMOUFLAGED" TOWER IN LAKEWOOD VILLAGE MOBILE HOME PARK The Board reviewed a Memorandum of March 2912000: TO: James E. Chandler County Administrator 77*,-f, N HEAD CONCURRENCE: P r" *i ' -" Robert M. Keating, AICs¢ Community Development Director FROM: Stan Boling, AICP Planning Director DATE: March 29, 2000 SUBJECT: Appeal by 21s` Century Satellite Communications, Inc. of a Planning and Zoning Commission Denial of an After -the -fact Request for a 110' "Camouflaged" Tower in Lakewood Village Mobile Home Park It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 2000. BACKGROUND: Lakewood Village Mobile Home Park Tower Lakewood Village Mobile Home Park is located south of 16" Street, on both sides of 90`h Avenue, and is zoned RMH-8 (residential mobile home up to 8 units/acre). In 1998, an agent for 2V Century Satellite Communications, Inc. constructed a 110' tower in a 315'x 393' fenced compound area located in the southeastern portion of the Park (see attachment #1). The Park is owned by Lakewood Village Resident Owned Association, Inc., while the tower is owned by 21' Century. APRIL 49 2000 -86- The tower was constructed to support various communications structures. including broadcast receiving antennas. that are part of a single parcel cable TV system servicing only Lakewood Village. Broadcasts received by these structures are fed into the system run by 21' Century to serve Lakewood Village residents with "local" over -the -air broadcasts as well as satellite broadcasts. No approval was requested or given for construction of the tower. In response to a complaint received from a resident who lived near the tower, staff determined that a 110' tower had been constructed without approval. Consequently, code enforcement staff issued a :ode violation notice to the property owner on September 16, 1998. Contrary to assertions made by 21' Century, code enforcement investigation and action were not based upon complaints from a competitor of 21' Century. The park owner is under code enforcement action to cure the violation by either removing the tower or by obtaining after -the -fact approval for the existing tower or a modified tower. County Tower Regulations During 1996 and 1997 in the face of increased requests for towers, the Planning and Zoning Commission and the Board of County Commissioners held a series of public workshops and hearings on the adequacy of county tower regulations. Since major changes to county tower regulations were anticipated, the Board enacted a moratorium on new tower applications until the regulations could be revised. Through the workshop and public hearing process. new comprehensive tower regulations were enacted that reasonably accommodate telecommunications needs, minimize unnecessary proliferation of new tower sites, and protect property values and community aesthetics. These regulations, which are contained in the current land development regulations (LDRs), provide incentives to co -locate antennas, dishes, and similar structures on existing towers and other existing tall structures. Within the LDRs, there are incentives to retrofit and expand the capacity of existing towers, and to use "camouflaged" towers so as to build structures that function as towers but look like other kinds of structures that fit into a given local setting. The LDRs also contain disincentives to construct new, non -camouflaged towers in new locations; such new tower locations are limited and are considered a "last resort". To protect residential areas from adverse aesthetic impacts, current LDRs allow commercial towers ,.,in residential zoning districts only if such towers are "camouflaged". Because Lakewood Village Mobile Home Park is located in a residential district, the district regulations applicable to that site allow "camouflaged" commercial communications towers only. After -the -fact Approval Request and Appeals The applicant, 21" Century Satellite Communications. Inc., applied for an administrative approval site plan to obtain after -the -fact approval for a "camouflaged" tower. Staff denied that application based upon a determination that the applicant's proposal does not constitute a "camouflaged tower" under current county LDRs and that a re -design is necessary. The applicant then appealed staff s decision to the Planning and Zoning Commission. At its meeting of February 10, 2000 the Planning and Zoning Commission voted 7-0 to deny the appeal and uphold staffs determination that the tower and proposed modifications do not constitute a "camouflaged" commercial communications tower as defined in the county LDRs (see attachment #8). 21' Century now has appealed the Planning and Zoning Commission's denial to the Board of County Commissioners (see attachment #9). In addition to filing this appeal to the Board, 21' Century has also filed with Federal Communications Commission (FCC) a Petition for Declaratory Ruling and Preemption seeking federal "relief' from county tower regulations (see attachment #10). Staffs review of the petition indicates that the petition contains false "statements of fact". APRIL 49 2000 J pp FAL t -87_ I In accordance with LDR sections 914.07(2)(g) and 902.07, the Board of County Commissioners is to consider the appeal and either uphold or overturn the Planning and Zoning Commission's decision. ANALYSIS: The request for after -the -fact approval was trade by 21' Century via a minor site plan application that was reviewed by the TRC (Technical Review Committee) on February 10, 1999. Subsequently, over a period of several months, staff from the county planning division, telecommunications division, and the attorney's office discussed various alternatives and proposals with 21' Century, its attorneys and its design professional. Those alternatives include meeting existing county LDR tower regulations or seeking a change to the county tower regulations. The applicant -has chosen to apply for after -the -fact approval under the existing county tower regulations, although the applicant's presentation to the Planning and Zoning Commission was more appropriate for an LDR amendment request than an appeal based on the existing LDRs. It is staff s position that the unpermitted tower construction performed to date has no bearing on review of the application and that the tower request should be reviewed as if the subject site is vacant. Therefore, in accordance with the approach of the county's tower LDRs, staff directed 21' Century to assess the feasibility of locating its antennas in off-site areas where commercial towers exist and are allowed or in areas where the zoning allows new, non -camouflaged towers. Staff also explored technical issues with the applicant regarding justification for the tower's function and height, and legal issues regarding constraints on local regulating authority. These issues are summarized below. 1. Local Regulatory Authority At the time of TRC review, the County Attorneys Office reviewed relevant statutes and case law, and concluded that the county has the authority to control the siting (location), construction, and modification of communication towers, so long as local regulations do not unreasonably discriminate among telecommunication providers of the same services (e.g. TV broadcast providers) or prohibit or have the effect of prohibiting the provision of wireless communications services (see attachment #2). Staff's conclusion is that the LDRs reasonably provide areas (sites) where antennas may be located (existing structures, retro- ftttedlrebuilt structures, new towers). At this time, 21' Century is challenging before the FCC the county's authority to regulate 2191 Century's type of service and the county's tower LDRs. At the same time, 2V Century is contesting the Planning and Zoning Commission's determination that its proposal does not constitute a "camouflaged" tower under the existing LDRs. 2. The Proposed Tower's Function 21" Century contends that, to effectively compete with cable TV providers, it must provide its customers over the air "local" (e.g. Orlando and West Palm Beach) TV broadcasts as well as broadcasts it can pull off of satellites. At some point in time, these "local" broadcasts may be available via satellite. Currently, local broadcasts are available by satellite in major markets. If these "local" broadcasts were available via satellite, rather than over the air only, then there would be no need for a tall tower, and lower level satellite dishes could be used. Staff, however, accepts 21" Century's assertion that, for now, certain "local" broadcasts can be received only over the air via antennas. APRIL 4, 2000 3. The Proposed Tower's Height 21" Century has provided staff technical data and analysis to justify the 110' height of the proposed tower. County telecommunications division manger, Terry Smith, has reviewed this information and has asked the applicant for more information from the applicant. As of the date of this report, the additional information has not yet been received. Based upon Mr. Smith's review it appears that under current broadcast technology and -conditions, a tower of a height of 70' is justified to ensure reception of a quality signal of certain "local" broadcasts from distant locations. However, Mr. Smith has not yet received sufficient information to conclude that the proposed 110' tower height is justified (see attachment #11). It should be noted that, in 1998, when staff first became aware that the tower had been constructed, staff coordinated with the applicant regarding aviation safety. The applicant contacted FAA and confirmed that the 110' tower in its present location did not require an FAA review and did not require lighting (see attachment #3). Based upon this FAA contact and confirmation, staff determined that the county's airport zoning regulations (height notification requirements) were satisfied. 4. Alternative Sites and Co -location Staff requested that the applicant explore alternative sites in the surrounding area for either construction of a new tower in an appropriate zoning district (e.g. industrially zoned sites located north of Lakewood Village along 90' Avenue) or co -location on the closest existing towers in the area (e.g. BellSouth/Life for Youth Ranch, FDOT at I-95, county utilities wastewater plant). The applicant provided some details regarding co -location on the closest tower site and found that alternative to cost more than 21' Century is willing to spend. The applicant argued that any other alternatives would be more expensive then the alternative explored. Expenses involved in obtaining an off-site location that were noted by the applicant included a cost of "... over $29,000 to build a hard coaxial cable link..." to the existing off-site tower, costs of leasing tower space, and concerns about use of right-of-way for a cable link connection and any resulting franchise requirements (such as those imposed on cable companies). Thus, the applicant's main reason for not pursuing alternative sites and co -location is his sense that these alternatives are too expensive. Therefore, the applicant has decided to concentrate resources on the subject site. 5. "Camouflaging" Proposal Because the applicant determined that alternative sites and co -location off-site were not feasible, the applicant has pursued the other option available under the L.DRs, which is the option of constructing a "camouflaged" tower. The applicant's "camouflaged" tower proposal is to locate a 110' guyed tower in a 315'x 393' open area in the southeast comer of the Park site, and to plant a landscape buffer around the fenced perimeter of the area. Landscaping is to consist of canopy trees planted at a height of 12' and understory trees planted at a height of 8'. The proposed buffer is similar to the county's Type "C" buffer. The applicant contends that the proposed landscaping will help "camouflage" the tower by partially screening it. In addition, the applicant proposes to mount 2 light fixtures at the tower's 50' level, in an attempt to give the tower structure the appearance of a streetlight (see attachment #4). It should be noted that the applicant's tower elevation rendering does not depict the 9 dish/antenna structures currently attached to the tower. APRIL 412000 -89- v. A 1'29 6. `Backdoor" Argument for Changing the LDRs At the February 10, 2000 Planning and Zoning Commission meeting, the applicant, rather than justifying the camouflaging proposal under the current LDRs, actually made a case for changing the county's existing LDRs. The applicant argued that a thin lattice work tower with landscaped base is less visually obtrusive than types of camouflaged towers allowed under the current tower regulations. Thus, the Board, if it finds merit in the applicant's analysis of visual impacts, can initiate and consider an LDR amendment that would apply countywide and accommodate the applicant's proposal. In staffs opinion, the proposed tower does not constitute a camouflaged tower as defined in the current LDRs (see attachment #6), because it simply is not "... disguised so as not to have the appearance of a communications tower...". In staff s opinion, the proposed structure has the appearance of a 110' tall guyed tower with a landscaped base and lighting fixtures located half -way up that will be visually "lost" among the various existing tower attachments. Thus, the proposed structure is not disguised and has the appearance of a tower. Therefore, it is not proposed to be camouflaged. There is nothing site-specific about the design that blends the tower "... into the existing surroundings..." at the Lakewood Village site. If through the appeal process it is determined that this proposal does constitute a "camouflaged tower", then the county would have to allow similar designs in all residential districts throughout the county. Thus, the decision as to whether or not the proposed design constitutes a "camouflaged tower" will set a powerful precedent applicable to all residential districts. Such a precedent would allow similar towers whenever "single parcel" cable systems, such as the Lakewood Village/21' Century system, are feasible. Generally such systems are feasible on residential project sites that consist of one large, single parcel, usually condominium projects, apartment projects, mobile home parks, or private subdivisions. Therefore, the outcome of this appeal will determine how tower proposals will be regulated in other large single parcel residential projects. Some examples of projects where single parcel cable systems may be feasible and therefore where towers may be proposed include Village Green, Countryside, Vista Plantation, Lake -in -the - Woods, The Club at Vero, and other large single parcel residential projects; some of these sites have significant frontage along major roads such as SR 60 and US #1 - Board of County Commissioners Review Guidelines for Appeals Section 902.07 provides guidelines for the Board's review of the appeal. Under section 902.07, the Commission is to review the Planning and Zoning Commission's decision and make findings in the following four review areas: 1. Did the reviewing official fail to follow the appropriate review procedures? Response: The Planning and Zoning Commission did not fail to follow the appropriate minor site plan approval and appeal review procedures. The lengthy timeframe for review of this application was due to the length of time necessary for the applicant to provide complete responses and to discuss various legal issues. The length of time to schedule the first appeal was due to a request by the appellant to allow several months "lead time" to avoid scheduling conflicts for its participants. It also should be noted that, on various occasions, the county has sought to delay Code Enforcement Board action to allow ample time for the applicant to exhaust its efforts to obtain after -the -fact approval and pursue appeals. At no time has county review of the code violations or applicant proposals halted telecommunications services to the park or halted revenues received by 21' Century for such services. APRIL 4, 2000 s 2. Did the reviewing official act in an arbitrary or capricious manner? Response: The Planning and Zoning Commission did not act arbitrarily or capriciously, but acted based upon the LDR definition of "commercial camouflaged tower", county zoning requirements (Chapter 911 and specific tower regulations (971). In accordance with LDR provisions that'have been supplied to and discussed with the applicant since the beginning of-tl a code enforcement and after -the -fact site plan review process. The Commission's determination ensures that, within residential districts, commercial towers are camouflaged so as to "... blend into the existing surroundings and to be disguised so as not to have the appearance of a communications tower...". Thus, the Commission's decision is not arbitrary or capricious since it is clearly based on the LDRs. 3. Did the reviewing official fail to consider adequately the effects of the proposed development upon surrounding properties, traffic circulation or public health, safety, and welfare? Response: The Planning and Zoning Commission did not fail to consider adequately effects on surrounding properties. In fact, as previously stated, the entire review process was initiated in response to a complaint from a surrounding resident. The Commission's decision ensures that the LDR standards are followed to protect abutting property owners and residents (existing and future) from adverse aesthetic impacts of an inadequately camouflaged commercial tower. Furthermore, the Commission's decision protects owners of residential properties throughout the county by preventing a precedent that would allow similar inadequately camouflaged commercial tower designs in all residential districts. 4. Did the reviewing official fail to evaluate the application with respect to the comprehensive plan and land development regulations of Indian River County? Response: The Planning and Zoning Commission did not fail to evaluate the application with respect to the LDRs and Comprehensive Plan. As previously stated, a clear and straight -forward reading of the definition of camouflaged towers has been applied. The Commission's application of the LDRs is reasonable and upholds the stated intent of the county's tower regulations to "...avoid(ing) unnecessary proliferation of new tower sites, and minimize(ing) negative aesthetic impacts of communications towers and antennas...". Also, the Commission's decision is firmly based on the adopted comprehensive plan land use element policy to "...address aesthetic concerns regarding telecommunication towers and antennas by several means including: providing incentives for co -location on existing structures, limiting the possible location of future towers, setbacks, landscaping, camouflaging, and requiring unobtrusive lighting...". Thus, the Commission's decision is clearly based upon the comprehensive plan and the LDRs (see attachment #7). RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners: 1. Make a fording that the Planning and Zoning Commission's decision did not fail any of the areas outlined in LDR section 902.07, and 2. Deny the appeal and uphold the Planning and Zoning Commission's decision to deny the proposed tower design based upon a determination that the design does not constitute a camouflaged tower under the existing LDRs. APRIL 49 2000 • boa Is'i(' I.� r. UL ATTACHMENTS: 1. Location Map 2. County Attorney Opinion 3. FAA Contact and Confirmation (Exhibit "E") 4. "Camouflaging" Proposal 5. Application and Site Plan Graphics 6. Letter of Staff Denial 7. Comprehensive Plan and LDR Excerpts 8. February 10, 2000 Planning and Zoning Commission Minutes 9. Appeal to the Board of County Commissioners 10. Notice of FCC Filing 11. Memo from Terry Smith on Necessary Tower Height APRIL 4, 2000 -92- Planning Director Stan. Boling noted that a Code Enforcement action was initiated when a resident had called Code Enforcement and asked about the tower. Subsequent investigation found that no permits were issued and no site plan was approved. Staff and 21at Century then met and went over the tower regulations covered in the LDRs and the Comprehensive Plan. The tower is located in a residential area and the owner has several options. There are greater opportunities for towers in areas to the north and northwest which are zoned commercial or the tower can be sited as proposed if adequately camouflaged as defined in the existing LDRs. Telecommunications Manager Terry Smith showed a number of photographs of the tower on the ELMO. Attorney Dorothy Hudson, 2903 Cardinal Drive, representing 21' Century and the Lakewood Village Property Owners Association, noted that the tower is being used as a replacement for TCI Cablevision and that Lakewood Village has the best, highest speed Internet access in the County as a result of this technology. The cable has been placed underground which is an aesthetic factor as well as providing additional service during storms. She felt that the key to camouflage is that it blends in and meets site specific criteria. Don Cuozzo, Houston Cuozzo Group, 49 Flagler Avenue, Stuart, noted that this tower had been up for quite some time before it was even noticed. He felt that this lattice -type tower is the least obtrusive and blends into the surroundings much better than anything else. He commented that a "clock" tower over 110 feet tall would not blend in nearly as well and could cost as much as Y2 million dollars. APRIL 49 2000 aonr -93- Robert Birch, 3110 Cherry Palm Drive, Tampa, President of 21' Century, commented that the existing tower was priced under $10,000, while a "tree" tower would be approximately $180,000. The tower in question is an after -the -fact permit application. When 21' Century became aware that no permits had been pulled, they immediately tried to remedy the situation. The contractor was dismissed immediately and they have worked with staff to try to reach an agreeable settlement. They have a commitment to the residents of Lakewood Village and the only formal complaint came from their competitor, TCI. They are a reputable company and have never had another situation such as this. They will accommodate the County wherever they can, within reason. He asked the Board to accept their apology and noted that they have bent over backward trying to comply with the County's regulations. Carl Haulk, 1798 Split Fork Drive, West Palm Beach, a telecommunications consultant, responded to Commissioner Macht's questions regarding the necessity for a 110 - foot tower and all the antennas being used. He did not feel they could make do with a lower tower and also felt that camouflaging the tower would weaken their reception. Steve Ross, Ross & Hardies, 888 16' Street NW, Washington, D.C., a communications attorney for 31 years, stated that he is very familiar with FCC regulations and believes this tower is necessary to provide service to the residents of Lakewood Village. He felt that, in addition to whether or not the tower is camouflaged, there is also a need to determine whether or not the County's ordinance interferes with the Telecommunications Act:. Mr. Ross believed that staff's determination is discriminatory and anti -competition. To require them to build a tower costing $180,000 is ridiculous because there are no trees around there of that height. He believed the existing tower to be necessary and consistent APRIL 4, 2000 -94 0 - with the County's ordinance. He also felt that the County did not want to be embroiled with the FCC over non-discriminatory issues. Norman Ebhart, 1455 90' Avenue, President of the Shareholders of Lakewood Village, stated that they have 320 homes and only 1 complaint on record about the tower. You can't even see this tower from a few hundred yards away and it is loaded with birds in the evening. Patricia Martin, 1455 90' Avenue, Lakewood Village, stated that the Lakewood Village residents had TCI cable service for 21 years and were never asked if they wanted 21d Century. She has been complaining for 2 years to 21' Century about her reception. The tower is not bringing in Channels 5 through 12 but she was not here to talk about the service. She believes the tower is ugly and should be taken down. Lewis Galpert, 1455 Wh Avenue, Lakewood Village, felt the County ordinance is very restrictive. He stated that, looking to the southwest from his home, he can see a very large utility tower. Between that tower and his home is the tower in question and it is not noticeable. The ordinance needs to be revised. Dorothy Hudson asked that the record contain the transcript from the P&Z appeal, all pictures, the petition, the entire file on the site and the Code Enforcement action. (CLERK'S NOTE: Documents are on file with the Planning & Zoning Commission, the Code Enforcement Department and the Planning Department.) Director Boling wanted to confirm that the County regulations will stay as they are and 21' Century can go forward with a petition to the FCC to preempt County regulations and/or apply for an LDR change. APRIL 4, 2000 Acting County Attorney O'Brien noted that they could also appeal to the circuit court. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously found that the Planning and Zoning Commission's decision did not fail any of the areas outlined in LDR Section 902.07; denied the appeal; and upheld the Planning and Zoning Commission's decision to deny the proposed tower design based upon a determination that the design does not constitute a camouflaged tower under the existing LDRs; all as recommended by staff. 9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON APRIL 11, 2000 9. C.1. SUN -UP OFINDIANRim - REQUEST TO REZONE f40ACRES LOCATED ON THE SOUTH SIDE OF 57ff STREET SW. ±655FEET EAST OF 2TfAVENUE FROMRS--6 TO RM -6 (QUASI -.JUDICIAL) 9. C.2. CO UN77 INHZ4 7ED REQUEST TO REZONE f0.37ACRES LOCATED AT THE NORTHEAST CORNER OF 27W AVENUE AND 14THSTREET SW FROM CG TO RS -6 (QUASI-.IUDICIAL) The Board reviewed a Memorandum of March 24, 2000: APRIL 4, 2000 I .7 TO: James E. Chandler, County Administrator D ION HEAD CONCURRENCE: Robert M. Keating, AIQP; Comm)mity Development Director THROUGH: S�•%l. Sawn Rohani, AICP; Chief. Long -Range Planning FROM: John Wachtel; Senior Planner, Long -Range Planning ct� DATE: March 24, 2000 SUBJECT: Notice of Scheduled Public Hearings for the April 11, 2000, Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 2000. DF.S _ IPTION AND CONDMONS: Please be advised that the following public hearings have been scheduled for Board consideration at its April 11, 2000 meeting. 1. Sun -Up of Indian River and others' request to rezone ±40 acres located on the south side of 5`h Street, S.W.,1655 feet east of 27th Avenue from RS -6, Single -Family Residential District (up to 6 units/acre), to RM -6, Multiple -Family Residential District (up to 6 units/acre). (Quasi -Judicial) 2. County initiated request to rezone ±0.37 acres located at the northeast comer of 27' Avenue and 14'h Street, S.W. from CG, General Commercial District, to RS -6, Single -Family Residential District (up to 6 units/acre). (Quasi -Judicial) The above referenced public hearing date is provided for the Board's information. No action is needed. NO ACTION REQUIRED OR TAKEN. APRIL 49 2000 -97- • 11.A.1. AGRICULTURAL PLANNED DEVELOPMENTS (CLUSTERING) - DISCUSSION The Board reviewed a Memorandum of March 27, 2000: TO: James E. Chandler; County Administrator TMEE/NT�HEEAD CONCURRENCE Robert M. Keating, AICD; Comm dnnity Development Director THROUGH: Susan Rohani, AICP; Chief, "n//g-Range Planning FROM: John Wachtel; Senior Planner, Long -Range Planning / DATE: March 27, 2000 RE: Discussion of Agricultural Planned Developments 7t is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 2000. Over the last several months, the Board of County Commissioners has considered both county policy and specific projects involving residential development on agriculturally designated land. Policies 1.10 and 5.8 of the Future Land Use Element of the Comprehensive Plan regulate land use and development on agriculturally designated land. Consistent with those policies, all residential subdivisions of two or more lots (other than a one time lot split) on agriculturally designated land must be approved as Agricultural Planned Developments (PDs). One of the requirements for Agricultural PDs is to cluster residential lots or homesites on a relatively small portion of the overall project property. The remainder of the site, regardless of its ownership, must remain in open space (either as natural; agricultural; or to a limited degree, recreational areas) for as long as the property retains an agricultural land use designation. In Indian River County, clustering has been broadly interpreted and applied. For that reason, Agricultural PDs have been designed in a manner that results in "unclustered" five acre lots with homesites "clustered" near a road. No approved agricultural PD has a large open space area owned by a single entity. Past Actions During the last year, several proposals involving kgricultural PDs have been considered by the Board of County Commissioners at public hearings. In reviewing those proposals, the Board questioned whether residential subdivisions located on agriculturally designated land should be required to cluster. Issues raised at those public hearings include the following: Should clustering be required for Agricultural PDs? APRIL 49 2000 0 -98- 0 • • Is there any benefit, generally, to the clustering of residential development on agriculturally designated land? and • If there is a benefit generally, does that benefit apply to small tracts? To address those issues, the Board held an Agricultural PD Works P on October e Board instru99. At cted staff the Board did not take any specific action regarding Agricultural c�tmal PD to obtain input and recommendations from the Agricultural Advisory Committee regarding Agri regulations, and then schedule another Board workshop. At its February 2, 2000, Special Meeting, the Agricultural Advisory Committee considered the county's current regulations regarding Agricultural PDs and clustering. (The staff report Prepared for that meeting comprehensively addressed the Agricultural PD issue and is attached to this staff report.) After nearly two hours of discussion, the Committee members agreed that they could not reach a consensus at that meeting and decided to continue the discussion at their next meeting. At the next meeting (March 16, 2000), the Committee voted 5 to 0 to recommend that the Board of County Commissioners eliminate the clustering requirement for residential development on agriculturally, designated land. The Committee's recommendation specified that the Agricultural PD process should remain an option. ALTERNATIVES With respect to Agricultural PDs, the Board of County Commissioners has the follow alternatives: Alternative 1: Continue the current system of broadly defined clustering. This alternative requires residential development on agriculturally designated land to go through the Agricultural PD process, but broadly defines clustering to allow one acre homesites on five acre lots. There is widespread consensus that this alternative does not work. Those interested in residential development feel that the Agricultural PD process is too long, complicated, and expensive—particularly when only two or three lots desired. Similarly, those interested in agricultural preservation and discouraging suburban sprawl feel that allowing one acre homesites on five acre lots is inconsistent with the intent of clustering. For those reasons, the current system should be revised. Alternative 2: Retain Agricultural PDs, but narrowly define clustering. This alternative requires true clustering: small (1 acre or less) adjacent lots with the remaining land (at least 80% of the site) being open space under a single ownership. Alternative 3: Eliminate the requirement that residential development on agriculturally designated land be approved as an Agricultural PD. This alternative eliminates the clustering requirement and treats residential development outside the urban service area the same as inside the urban service area. This alternative requires a comprehensive plan text amendment revising Future Land Use Element Policies 1.10 and 5.8 and other portions of the comprehensive plan. The Agricultural Advisory Committee supports this request. Staff recommends that the Board of County Commissioners give direction to staff regarding Agricultural PD regulations. Community Development Director Bob Keating reviewed the background of these regulations and explained that the Agricultural Advisory Committee's recommendation to the Board is to discontinue the requirement for clustering but to retain the option, if desired. APRIL 4, 2000 -99- EOC4 %� Ralph Sexton, 8005 37' Street, noted that on 12' Street he has a 75 -acre grove and intends to sell 40 acres and keep 35. He commented that the Board will receive lots of complaints about bees and agricultural spraying if they allow residential to abut agricultural areas. He believed that they are attempting to farm in town and felt this is another way to put the farmer out of business. Clustering might work in certain areas but if you are going to have a growing citrus concern, you need to be away from the public. He had no suggestions for solving the problem but believed that clustering is not a good idea. Dean Luethje, Carter & Associates, asked the Board to consider Alternative 3. Peter Robinson, President of Laurel Homes, also believed Alternative 3 is the way to go and that now is the time to address urban service area expansions. Dan Culbert, Agricultural Extension Service Director, encouraged the Board to remove the clustering requirement and emphasized that few agricultural operations would be able to survive on 4 acres. Victor Knight, 940 Oyster Shell Lane, commented that he had developed an agricultural project about a year ago and the homesites were located on 1 acre close to the road which was a "band-aid" solution for him. He asked that the Board consider agricultural PDS without the clustering requirements. Commissioner Tippin referenced an agricultural development called Panther Woods east of Bradenton which has been very successful and is still expanding. He felt that clustering is not a part of the free American system and noted that most of that development APRIL 4, 2000 -100- used to be tomato fields until over 50% of the tomato farmers were put out of business by imported tomatoes from Mexico. This development saved those farmers from bankruptcy by giving them an opportunity to sell their lands at a reasonable price. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board unanimously approved Alternate 3, eliminating the requirement that residential development on agriculturally designated land be approved as an Agricultural PD, as set out in the Memorandum. 11.A.2. WABASSO CORRIDOR PLAN ONGOING REVIEW TASK FORCE AND "CR -510 EAST CORRIDOR COMMITTEE" — CONSIDERATION OF RECOMMENDATIONS The Board reviewed a Memorandum of March 28, 2000: TO: James E. Chandler County Administrator D ON HEAD CONCURRENCE: Robert M. Keating, AICP CommunityADevelopment'Directer FROM: Stan Boling, AlCP Planning Director DATE: March 28, 2000 SUBJECT: Consideration of Recommendations from the Wabasso Corridor Plan On-going Review Task Force and the "CR 510 East Corridor Committee" APRIL 49 2000 a a:., -101- EOa It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its meeting of April 4, 2000. BACKGROUND: At its meeting of September 28, 1999, the Board of County Commissioners amended the land development regulations (LDRs) and adopted various changes to the Wabasso Corridor Plan and corresponding LDRs as recommended by the Wabasso Corridor Plan Task Force. The adopted changes primarily consisted of adding many aspects of the SR 60 Corridor Plan to the Wabasso Corridor Plan. The adopted changes included: expansion of the corridor boundaries along US #1 from 81" Street south to 77" Street, exemptions from certain corridor requirements for industrial uses. SR 60 sign size and design restrictions, SR 60 building finish and design standards, SR 60 color and lighting requirements, SR 60 foundation planting requirements, SR 60 non -conformities provisions, and a reduction of the original Wabasso Corridor Plan Task Force from a 15 member body to a 6 member on-going review task force (see attachment #1). At the September 28' meeting, the Board also directed staff to coordinate with Bill Glynn of the North Beach Civic Association and other interested parties to review existing corridor plan regulations with respect to that portion of the Wabasso Corridor Plan area which is located along the CR 510 corridor east of US #1 (see attachments #2 and 3). In response to that directive, staff coordinated with Mr. Glynn and held two meetings with the "CR 510 East Corridor Committee". At its last meeting (December 1999), that Committee made several recommendations to the Board and addressed various discussion items. Those recommendations and discussion items were then considered by the Wabasso Corridor Plan On-going Review Task Force at its special meeting of February 17, 2000. At that meeting the Task Force voted to support the "CR 510 East Corridor Committee's" recommendations for additional development regulations along CR 510, east of US #1, and to support the Committee's recommendations on other north barrier island issues. The Board of County Commissioners is now to consider these recommendations and decide whether or not to initiate action to implement some or all of the recommendations. ANALYSIS: Attached is staff's December 1999 report to the "CR 510 East Corridor Committee" (see attachment #4). That report provides background and analysis for the items considered by the "CR 510 East Corridor Committee" and the Wabasso Corridor Plan On-going Review Task Force. The committee and task force developed recommendations for each item. Those recommendations are broken-down into the following 6 areas: Potential Changes to the Wabasso Corridor Plan LDRs 1. Adopt special regulations, over and above the existing Wabasso Corridor Plan requirements, in the area east of US #1 within 300' of the centerline of CR 510. Within this area that measures 300' from either side of the centerline of CR 510, the Committee recommends that the Board of County Commissioners adopt the following additional regulations: a. Real Estate Signs: Continue to apply the countywide real estate sign maximum size, number. and height restrictions, but add a limitation on the duration of sign posting. The recommended duration: remove the real estate sign within 30 days of closing. See attachment #5 for a similar provision in the Port Orange land development code. APRIL 49 2000 • b. SR 60 Plan Aspects Not Currentiv in the Wabasso Plan: Apply the following provisions from the SR 60 Corridor Plan that were not included in the recent update amendments to the Wabasso Corridor Plan (see details in attachment #4). (1) Special Thoroughfare Plan road (e.g. CR 510) buffer for multi -family projects (landscaping plus 6'- 8' opaque feature). (2) Prohibition of log cabins. (3) Gas station canopy fascia restrictions. (4) Prohibition of fiberglass or asphalt shingles in non-residential projects. (5) Five (5) year amortization/landscaping of non -conforming free- standing signs. C. Residential Project Entrances: Limit the height of residential project entrance features (e.g. walls, archways) to a maximum height of 8' above grade and require foundation plantings in front of the wall/entrance feature. CR 510 East Corridor Committee Recommendation: That the Board initiate amending the LDRs to enact the above referenced items la; lb; and lc. Wabasso Corridor Plan On-going Review Task Force Recommendation: That the Board initiate amending the LDRs to enact items la and lc, above; and enact the items under lb, above, except for item lb.(4) which should be modified to apply the log cabin prohibition only to areas east of the Indian River Lagoon. Non-LDR North Barrier Island Issues These items deal primarily with issues on the north barrier island that are not directly related to corridor plan development regulations. These items rare as follows: 2. Revise the county's capital improvements priority list to move up provision of a center -turn lane for CR 510 east of US#1. 3. Ensure that the design for CR 510 improvements between the Indian River Lagoon and SR A -1-A include short, paved aprons for Jungle Trail at the CR 510/Jungle Trail intersection and include landscaping improvements to beautify the Jungle Trail/CR 510 intersection. 4. Have the Parks and Recreation Committee (staffed by Public Works) consider park upgrade and security issues. Also, have Public Works consider placing trash containers on the Wabasso Beach Park beach during the day. 5. In regard to motorists stopping and parking in the right-of-way at SR A -1-A and CR 510, have Public Works explore the possibility of using "no stopping" signs instead of using only "no parking" signs. 6. Apply corridor plan standards along SR A -1-A on the north barrier island. APRIL 4, 2000 • -103- BOOK CR SIO East Corridor Committee Recommendation: That the Board implement items 2-6, above. Wabasso Corridor Plan On-going Review Task Force Recommendation: That the Board appoint a North Barrier Island Task Force, that has geographical representation of all affected areas and fair gender representation, to address items 2-6, above including formation of a North SR A -1-A Corridor Plan. The Task Force has no objection to items 2,3,5, and 6 and had no recommendation on item K above. RECOMMENDATION: Staff recommends that the Board direct staff to initiate any of the task force or committee recommendations that the Board wishes to implement. Bill Glynn, 1802 East Barefoot Place, introduced the members of the CR -5 10 East Corridor Committee: Ray Hilton, President of Sea Oaks; Rod Williams, architect; Jim Doyle; Bob Bruce; Bill Johnston; and Ernie Polverari. Mr. Glynn felt that this should be an ongoing committee and expressed his hope that this corridor will be included as a part of a scenic highway. He expressed his concerns about overnight non-resident surfers and the lack of trash bins at Wabasso Beach Park. Evidently the trash bins were removed in preparation for one of the fall hurricanes and never replaced. He also expressed the Committee's recommendation that the corridor run all the way to US# 1. APRIL 4, 2000 -104- Chairman Adams could not support the corridor going all the way to US#1 because all the citizens involved had not had an opportunity to give their input. Commissioner Ginn expressed concerm-about the gas station on the comer of US#1 and commented that it was not a "fishing village" station. Director Boling reminded the Board that the lighting problems at that gas station had been addressed in the LDRs. Commissioner Stanbridge questioned where the "fishing village" idea had come from, and Director Boling stated it was not in the Corridor Plan. Chairman Adams thought the idea was actually more of an "Old Florida" flavor. After more discussion, Chairman Adams suggested they address the LDR amendments first and explained what the group was requesting APRIL 49 2000 ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board unanimously approved initiating the changes to the Wabasso Corridor Plan LDRs: 1(a), 1(b) and 1(c) with the exception of 1(b)(2) as set out in the Memorandum; agreed 1(a), 1(b) and 1(c) would apply along CR - 5 10 R-510 east of the west shore of the Lagoon; as to the Non-LDR North Barrier Island Issues, CONSENSUS was reached to have staff come back with further recommendations; and authorization was given to set up a commercial property task force. -105- Chairman Adams thanked Bill Glynn's group for their time and effort. Bill Glynn thanked the Board for their support and urged them to set up another task force for the commercial sections of the Corridor. 11.E. SETTLEMENT OF GENERAL LIABILITY CLAIM - MARY CLARK, FOR TAURUS CLARK, A MINOR The Board reviewed a Memorandum of March 21, 2000: TO: James E. Chandler, County Administrator THRU: Joseph Baird, Assistant County Administrator FROM: Beth Jordan, Risk ManageG DATE: 21 March 2000 SUBJECT: Settlement; General Liability Claim Staff requests consideration of the following information at the April 4, 2000, regular meeting of the Board of County Commissioners. Background In keeping with Board policy, Administrative Policy Manual 1000.1, Section 210, the Claims Review Committee consisting of James Chandler, County Administrator, Joseph Baird, Director, Office of Management and Budget, Charles Vitunac, County Attorney, James Davis, Public Works Director, and Beth Jordan, Risk Manager, met on June 28, 1999 to review the claim of Mary Clark, at al, on behalf of her great-grandson, Taurus Clark, and to discuss the mediation held on June 23, 1999. Because the parties could not reach agreement on the settlement value of the claim, the Committee unanimously agreed, with the advice of Lyman Reynolds, defense counsel, to proceed to trial unless the plaintiffs' demand was greatly reduced. A minor at the time of his February 19, 1992 bicycle collision with a truck, Taurus Clark through his guardians had brought a third party suit against the County, alleging the sidewalk on 4th Street dust west of Citrus Elementary School had created a trap, contributing to the collision. Analysis On March 16, 2000, attorneys for the Clarks contacted Mr. Reynolds to discuss settlement prior to the scheduled March 20 trial. On March 17, 2000, the Clarks' attomeys confirmed their acceptance of the County's non-negotiable offer of $15,000.00, including fees and costs. Staff unanimously concurred with this settlement. Recommendation No Board action is required for this matter. The Claims Review Committee has authority to settle such claims. It is being placed on the agenda as a matter of public record. NO ACTION REQLUED OR TAKEN. APRIL 4, 2000 -106- • • • 11.F. PAY PLAN STUDY - CODY & ASSOCIATES, INC. The Board reviewed a Memorandum of March 16, 2000: TO: James E. Chandler County Administrator FROM: Ron Baker Personnel Director DATE: March 16, 2000 SUBJECT: Consultant Agreement with Cody & Associates, Inc. Staffrequests consideration ofthe following information at the April 4, 2000, regular meeting ofthe Board of County Commissioners. Background At the March 7, 2000, regular meeting ofthe Board of County Commissioners, the Board approved staff's recommendation to select Cody & Associates, Inc., as the consultant to conduct a pay plan and position classification study for the County. Staff notified N. E. Pellegrino, Senior Partner at Cody & Associates, Inc., ofthe Board's approval and also provided Mr. Pellegrino with a Consultant Agreement for his signature. Analysis Mr. Pellegrino reviewed and signed the Consultant Agreement but expressed concerns regarding the insurance requirements of the County, especially the Professional Liability/Errors & Omissions insurance. In the County's RFP #2025, Consultant Services for Pay Plan and Position Classification Study, insurance requirements were not mentioned. Therefore, Cody & Associates, Inc., did not take into consideration the cost of purchasing Professional Liability/Errors & Omissions insurance when they prepared their response to the RFP. Recommendation Based on the aforementioned, staff requests the Board waive the Professional Liability/Emors & Omissions insurance requirement and execute the attached Consultant Agreement with Cody & Associates, Inc. APRIL 49 2000 -107- Bo it 0 Bo% ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously waived the Professional Liability/Errors & Omissions insurance requirement; approved the Consultant Agreement with Cody & Associates, Inc.; and authorized the Chairman to execute the Agreement; all as recommended by staff AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.1. WABASSO CAUSEWAY PARK DIPROVEMENTS - AMENDMENT NO.2 - BRAD SMITH ASSOCIATES (WILLIAM GLOVER, INC.1 The Board reviewed a Memorandum of March 23, 2000: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directo Terry B. Thompson, P.F;j� Capital Projects Manager FROM: G. Sean McGuire, P.E. Project Engineer AV ' '- SUBJECT: Wabasso Causeway Park Improvements Amendment No. 2 DATE: March 23, 2000 APRIL 4, 2000 -108- DESCRIPTION AND CONDITIONS Brad Smith Associates, Inc. is under contract with Indian River County to provide Professional Design Services for Wabasso Causeway Park Improvements. Within the scope of services in the original Agreement, Brad Smith Associates prepared designs for a sanitary sewer lift station to serve the proposed restroom building. At that time the building was designed on a pile foundation and the lift station was placed on higher ground, with a deep wet well to accommodate an underground sewer line from the building. During the award process, the apparent low -bid contractor, William Glover, Inc., suggested changing the building foundation design to a soil filled stem wall. The BOARD accepted this change and received a credit of $28,284.27. Staff has subsequently determined that the lift station could be conveniently located within the same soil filled foundation. This will result in a substantial reduction of the lift station construction cost and will provide a more easily maintainable facility. Brad Smith Associates has proposed to revise the construction drawings for a lump sum fee of $4,850.00. The total compensation for Amendment No. 2 is to be $4,850.00. This added to the current contract of $63,572.50 results in a new contract amount of $68,422.50. The construction contract was awarded to William Glover, Inc. on February 15, 2000. A request for a Change Order Proposal for a credit will be issued to William Glover, once the revised plans have been prepared. RECOMKENDATIONS AND FMMING Staff recommends that the Board authorize the Chairman to sign the attached Amendment No. 2 in the amount of $4,850.00. Funding is from account #315-210-572-068.09 APRIL 4, 2000 ON MOTION by Commissioner Grin, SECONDED by Commissioner Tippin, the Board unanimously approved Amendment No. 2 for the Wabasso Causeway Park Improvements Project with Brad Smith Associates, Inc., and authorized the Chairman to execute the Amendment, as recommended by staff. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD -109- B005 11.G.2. ALLOCATION OF DISTRICT 3 TRAFFIC IMPACT FEES FOR BARBER STREET IMPROVEMENTS - INTERLOCAL AGREEMENT WITH CITY OF SEBASTIAN The Board reviewed a Memorandum of March 14, 2000: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E. Public Works Directo il SUBJECT: Request from City of Sebastian Traffic Impact Fees for Barber for Allocation of District 3 Street Improvements REF. LETTER: Terrence Moore, City Manager, to James Davis dated March 3, 2000 DATE: March 14, 2000 The City of Sebastian is experiencing rapid growth. As a result, the level of service on Barber Street west of US 1 is deteriorating, particularly at the intersection of Barber Street and Schumann Drive. To resolve the congestion, the City has identified the need for improvements estimated to cost $400,000. To fund the project, the City Manager is requesting a $200,000 allocation from District 3 Traffic Impact Fee Fund(as established prior to Sept. 1999). The City will match the funding from other revenue sources. As of 12/31/99, there exists $903,741.68 in the old District 3 Traffic Impact Fee fund. The funds were to be used as follows: Barber Street bridge widening - City of Sebastian $ 135,000 CR 512 Widening, Phase III S 660,000 (Total project cost est. $2,815,400 + R/W) $ 795,000 Remaining unencumbered funds available - $ 108,741.68 APRIL 4, 2000 • • In addition to the old District 3 fund, the new District 1 Traffic Impact Fee fund has $212,165.79. Since the CR512 Phase I project is estimated to cost $2,815,400, new District 1 revenue is needed. The County's 2020 Long -Range Transportation Plan approved by the MPO and BCC includes Barber Street improvements during 2001-2005. RECOMMENDATIONS AND FUNDING Since the Barber Street project is included in the 2020 Long Range Transportation plan, staff recommends allocating $105,000 from the old District 3 Traffic Impact Fee fund (pre Sept. 1999) and $95,000 from the new District 1 Traffic Impact Fee Fund. The attached Interlocal Agreement between the County and City should be approved and the Chairman authorized to execute. All additional funding for the project'shall be by other City of Sebastian revenue sources. ATTACEMENT 1) Referenced letter 2) Interlocal Agreement 3) 2020 Long Range Transportation Plan 4) Public Works Projects Budget APRIL 49 2000 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously approved the Interlocal Agreement with the City of Sebastian; authorized the Chairman to execute same; approved allocating $105,000 from the Old District 3 Traffic Impact Fee Fund (pre - September, 1999) and $95,000 from the new District 1 Traffic Impact Fee Fund, with all additional funding to be by other City of Sebastian revenue sources; all as recommended by staff. AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED BOOK r'iG 11.G.3. 5TH STREET SW RIGHT-OF-WAY ACQUISITION (BETWEEN 27TH AND 43" AVENUES) - SIDEWALK IMPROVEMENTS - 3700 5TH STREET SW - RUBY B. THORNTON The Board reviewed a Memorandum of March 24, 2000: TO: James Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Direc AND Christopher J. Kafer, Jr., P.E., County Engin FROM: Ronald L. Callahan, SRA, County Right-of-Wa Agent ?k SUBJECT: Right -of -Way Acquisition I 5" Street SW between 27t° and 43' Avenues Sidewalk Improvements 3700 5" Street SW, Vero Beach, Florida 32968 Ruby B. Thornton DATE: March 24, 2000 DESCRIPTION AND CONDITIONS An additional 50 feet (50') of right-of-way is needed along the north side of 5' Street SW, between 2r Avenue and 43'd Avenue. The owner has executed a contract at a negotiated price of $0.80 per square foot for this RS -3 zoned land. This price per square foot is comparable to other similar RS -3 zoned parcels the County has purchased based upon appraisals or evaluations. The Contract Price for the land is $8,752.00 based upon a total of 10,940 square feet. There are other conditions and terns in the contract. ADDITIONAL TERMS AND CONDITIONS The County, through negotiation, has agreed to the following: A) To compensate the property owner for 13 citrus trees @ $100.00 each = $1,300.00 B) Additionally, the County has agreed to: APRIL 49 2000 • • 1. Replace culvert pipes under the driveway and under 5"' St SW; 2. Remove section of chain link fence, if necessary; 3. Driveway (circular) entrances will be filled for continuous usage; 4. Install a new Aashboard riser and corrugated metal piping/owner's swale system. Total additional compensation = $1,300.00 The Total Contract Price is $10,052.00 ($8,752.00 + $1,300.00) based on all terms and conditions. There are no appraisal or attorneys fees. ALTERNATIVES AND ANALYSIS None. RECOMMENDATIONS Staff recommends that the Board of County Commissioners approve the $10,052.00 purchase, and authorize the Chairman to execute the contract. Funding will be from Account #315-214-541-066.12. ATTACHMENTS 1. Contract/w/addendum 2. Legal Description and Sketch ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously approved the $10,052 purchase from Ruby B. Thornton and authorized the Chairman to execute the contract, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD APRIL 49 2000 -113- E0 i 11.H.1. ANITA PARK SUBDIVISION - 37TH AND 38TH STREET (BETWEEN 56TH AND 58" AVENUES) - PETITION WATER SERVICE - PROJECT UW -00 -08 -DS - The Board reviewed a Memorandum of March 24,,2000: DATE: MARCH 24, 2000 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E. DIRECTOR OF UTILITY SEAVICES PREPARED JAMES D.CHAWAMENT L AND STAFFED MANAGER OF PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: ANITA PARK SUBDIVISION — 37TH & 38TH STREETS (BETWEEN 56TH & 58TH AVENUES) -PETITION WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW40-08-DS BACKGROUND A petition has been received from the residents of 37TH and 38th Streets, (a portion of Anita Park Subdivision), requesting the County to supply potable water to its residents. We are now coming to the Board of County Commissioners to seek approval to begin design of the above-mentioned project (See attached Exhibit A- Plat Map, and Exhibit B - Petition). ANALYSIS There are 45 platted residential lots, which may benefit from this proposed water line on 37t' Street and 381h Place. The owner's signatures represent primary owner -occupants. Owners of the 20 lots who have not supported the petition, include the following (see attached Exhibit C - Schedule): In relation to Exhibit C, Six are rental properties; some owners are out of state; three are vacant lots; two are out of state owners (not contacted); one house and two extra lots are being foreclosed; two include a home with two lots (owner deceased) in probate, and one sale is pending, with verbal support from the prospective purchaser, according to the petitioner. The owners of 25 lots, 56% of the lots, have signed the petition, and a purchaser (sale pending) has given verbal approval (58%). The properties are typically 0.17 of an acre. The attached map (EXHIBIT A) displays the area to benefit from the assessment project APRIL 4, 2000 In 1992, a Petition Water Assessment included 30 lots on 38th Place, in this same subdivision (Anita Park), 100% of these homes are connected to County water. Over the past nine (9) years, the water quality in this neighborhood has been reported, to me as substandard, by many of the owners and occupants. This project is to be paid through the assessment of property owners along the proposed water line route. Funding will be from the assessment fund No. 473. Design services will be provided by the Department of Utility Services. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the above -listed project, and requests authorization for the Department to proceed with the design engineering work and award a contract for survey services through the issuance of a purchase order based on the most favorable quote, in preparation for the special assessment project. LIST OF EXHIBITS• ap B -Petition (�C. G�GtX �st C 4�� tF C -Schedule of Properties APRIL 4, 2000 ON MOTION by Commissioner Tippin, SECONDED by Commissioner Macht, the Board unanimously approved the project and authorized staff to proceed with the design engineering work and award a contract for survey services through the issuance of a purchase order based on the most favorable quote, in preparation for the special assessment project, as recommended by staff. -115- ILH.2. RESOLUTION 2000-040 (PROVIDING TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED) AND RESOLUTION 2000-041 (SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITTED THEREBYO - SEBASTIAN WATER EXPANSION PHASES H -D AND H -E - PROJECTS UW -97 -13 -DS AND UW -97 -14 - DS The Board reviewed a Memorandum of March 24, 2000: APRIL 4, 2000 DATE: MARCH 24, 2000 TO: JAMES E. CHANDLER COUNTY ADMMVISTRATOR FROM: DONALD R. HUBBS, P.E. DIRECTOR OF UTILITY SERVICES PREPARED JAMES D. CHASTX_W AND STAFFED MANAGER OF S PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: SEBASTIAN WATER EXPANSION PHASES 11-D & H -E INDIAN RIVER COUNTY PROJECT NOS. UW -97 -13 -DS AND UW -97 -14 -DS RESOLUTIONS I AND H BACKGROUND On September 29, 1995, Indian River County entered into an Agreement with the City of Sebastian to assume ownership of the City's water distribution and wastewater collection systems. As a part of the contract, the County agreed to expand the water distribution system. On June 18, 1996, the Indian River County Board of County Commissioners approved Option 1 in order for the County to proceed with the installation of water lines as set forth in the Inter -local Agreement between Indian River County and the City of Sebastian. (See attached copy of minutes -Exhibit 1.) Said Agreement provided for the transfer of the City of Sebastian's water and wastewater system to Indian River County. On June 22, 1999, at a public hearing, the Board of County Commissioners approved Phase II -C , which is presently under construction and should be completed by late April 2000. (See attached agenda item and copy of minutes —Exhibit 2.) We are now ready to proceed with Phases II -D and II -E (Combined). ANALYSIS Within the Phase II -D & II -E project area, North from Wimbrow Dr, including Main Street, there are 1,661 lots, approximately 913 homes, 6 churches and the City of Sebastian complex, to benefit from this project. Typical platted lot sizes are .25 acre, plus or minus. More effective management of project construction, inspections, cash flows, and interaction with property owneff is being accomplished by having divided Phases II and III into smaller projects. This may enable more utility construction contractors to bid on these projects possibly making the bid process more competitive. The attached map displays the area to benefit from the assessment projects, as divided into parts A, B, C, D & E, for Phase II (Exhibit 3). Phases II -D & II -E are being combined to adhere with scheduling agreed upon with the City of Sebastian and to complete the remainder of Phase II (North of CR 512). This system will serve the City of Sebastian municipal complex, as well as provide potable water and fire protection to an area noted for failing well systems. The City of Sebastian is waiting for APRIL 49 2000 —117— r� EOCe BOCK the completion of the water line installation in order to complete road & drainage improvements and comply with bonding requirements. Project No. - Lots Parcel LD. Nos: Locations`^ ; ^ k`j=`` -� `j 'f' AA+v jA:' •'. I1 -A UW -96 -20 -DS 479 448 West of Roseland Road II -B UW -97 -11 -DS 758 714 East of Roseland Rd South of Vocelle Ave. II -C UW -97 -12 -DS 562 j 525 North of Vocelle Ave. along Layport Dr. II -D UW -97 -13 -DS 636 614 North of Layport Dr, West of Fleming St. II -E UW -97 -14 -DS 1,025 912 East of Fleming St, Main St. to Lonisiana Ave. Total 3,461 3,213 Engineering design has been completed by the staff of the Department of Utility Services for Phases II -D and II -E. We are now ready to begin the assessment process associated with this project, as outlined herein. Summary assessment rolls for Phases II -D & II -E are attached (Exhibit 4). The full assessment rolls are on file in the commission office. This project is to be paid through the assessment of property owners along the proposed water line route. Financing will be from the assessment fiord 473. If needed, inter -fund borrowing will be available from the capacity fee fund 472, account numbers 473-000-169- 356.00 & 473-000-169-357.00 The estimated project cost and amount to be assessed for Phases II -D & H- E is $ 3,515,740.52 (rounded) (Exhibit -5). The estimated cost per square foot is $0.194416 (rounded). The actual assessed cost, as with any project will be determined based on actual competitive bid prices. On March 24, 2000, a letter was sent to the City Manager, of the City of Sebastian, with a copy of a draft agenda item and a map of the project area (Exhibit 6). RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Resolutions I and A and set the public hearing date. LIST OF EXHIBITS: I -June 18, 1996 BCC minutes 4 -Summary assessment roll 2 -June 22, 1999 BCC minutes 5 -Estimated Project cost 3 -Map of Project area 6 -Letter to City of Sebastian APRIL 4, 2000 -118- ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously adopted Resolution 2000-040 providing for the Sebastian Area Phases H -D and H- E Water Expansion (an area north from Wimbrow Avenue including Main Street); providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically served. Providing (First Reso.) 3/00(rsso/sebIIDBE)k/DC RESOLUTION NO. 2000. 040 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE SEBASTIAN AREA PHASES II -D and II -E WATER EXPANSION (AN AREA NORTH FROM WIMBROW AVENUE INCLUDING MAIN STREET); PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain properties to be serviced by water main extensions to Phases II -D and II -E of the Sebastian Area (located north from Wimbrow Drive including Main Street), hereinafter referred to as Projects Nos. UW -97-13 and 14 -DS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that water lines shall be installed to benefit 1,661 lots in an area located north of Wimbrow Drive including Main Street, and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of the Code of Indian River County. 2. The total estimated cost to be assessed is $3,515,740.52 or $0.194416 per square foot to be paid by the property specially benefited as shown on the assessment plat on file with'the Department of Utility Services. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. APRIL 49 2000 -119- F, 0 BOCK .L I >J 3. A special assessment in the amount of $0.194416 per square foot shall be assessed against each of the properties designated on the assessment plat. This assessment may be raised or lowered by action of the Board of County Commissioners after the public hearing, at the same meeting, as required by the referenced County Code. 4. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the resolution of the Board with respect to credits against the special assessments after completion of the improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the project is completed. 5. There is presently on file with the Department of Utility Services a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All of these are open to inspection by the public at the Department of Utility Services. 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River County Utility Services Department shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Vero Beach Press Journal before the public hearing as required by Section 206.04. The resolution was moved for adoption by Commissioner Ginn , and the motion was seconded by Commissioner Stanbridge, and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn AyP Commissioner John W. Tippin AyE Commissioner Kenneth R. Macht Aye Commissioner Ruth Stanbridge AyP The Chairman thereupon declared the resolution duly passed and adopted this 4th day of Aori 1 , 2000. Attest: J. K. Barton, Cler B Deputy Clerk APRIL 4, 2000 -120- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By; r 02Q Fran B. Adams, Chairman Indin am C► Aporove0 Dote Admin Legal G 9uage � 3 t� Dept. 00 Risk Mgr. • ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously adopted Resolution 2000-041 setting and time and place at which the owners of properties located in the Sebastian Phases II -D and II -E Water Expansion Area (in an area north from Wimbrow Drive including Main Street) and other interested persons may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefitted thereby. Time and Place (Second Reso.) RESOLUTION NO. 2000. 041 3/00(reso/sebllD&E)k/DC A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED IN THE SEBASTIAN PHASES II -D and II -E WATER EXPANSION AREA (IN AN AREA NORTH FROM WIMBROW DRIVE INCLUDING MAIN STREET) AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2000- d40 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that waterlines be installed to serve 1,661 lots located in an area north from Wimbrow Drive including Main Street; and APRIL 4, 2000 -121 BonK - WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $0.194416 per square foot; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m. on Tuesday, May 2, 2000, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Department of Utility Services any week day from 8:30 a.m, until 5:00 p.m. 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Indian River County Department of Utility Services shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Gi nn , and the motion was seconded by Commissioner Stanbridge . and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner John W. Tippin _Aye Commissioner Kenneth R. Macht Ade Commissioner Ruth Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this 4th day of Apri 1 .2000. Attest: J. K. Barton, Cie k By "Deputy Attachment: ASSESSMENT ROLL APRIL 49 2000 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By tq7Q-,0— �18 Fran B. Adams, Chairman . -122- • �M4 X74 -M .'.jLW#j=W054M �1 FPO =ff_WM . -122- • 0 Pape 1 COMPLETE ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WITH THE ORIGINAL RESOLUTION 2000-041 APRIL 49 2000 -123- A B I C D E 1 2 3 SEBASTIAN WATER EXPANSION PHASE 0 - D 3.1-2000 4 J. D. C. 5 INDIAN RIVER COUNTY PROJECT NO. UW -97 -13 -DS SBPHSIID 6 7 FARCE. EXIST SQUARE 8 yamR am OWNER FOOTAGE ASSESSMENT e 10 01313800002 0010 00001 A X SHUMATE 20,000 $3,888.32 11 013138 MOM 0010 00003.0 X ELLIS 10,000 51,944.18 12 01313B 2 W10 00004.0 X ESTRUCH 13,969 $2,715.79 13 013138 ODOM W10 00005.0 WEBER 10.061 $1,956.01 14 013138 00002 0080 00001 A X LULICA 11,875 $2,308.69 15 013138 0080 OW19.0 X FOWLER 21,875 $4,252.85 16 01313800002 028000001.0 HAZEN 12,500 $2,43020 17 013138OW02028000002A X OCH 10AW $1,944.16 18 01313800002 0280 00003.0 X FROST 10,000 $7,944.16 19 013138 00002 0280 00004.0 X PERRY 10,000 $1,944.16 20 01313800002 0280 OOOOSA MARION 10,515 $2,065.67 21 01313800002028000008.0 X WHITE 20.625 $4,009.83 22 01313800002028000008.0 X ALBEE 10,000 $1,844.16 23 013138 00002 028000009.0 ALBEE 10 000 $1,944.16 24 013138 00002 0280 000'10.0 X BRANDT 12AM $2,43020 25 013138000020280WWl.0 SANBORN 10,875 $$11427 26 01313800002 0280 00002D STORCH 30,625 $5.953,99 27 01313800002 0290 00005.0 TERRANOVA 10,625 S2,085.67 28 013138 0290 MM.0 MOORE 10,000 $1,944.16 29 013138 0290 0OW7.0 ANDREWS 10,000 $1.944.16 M-1013138OW02029000006.0 X WARWICK 20,875 $4,058.43 1 013138 00002 030000001 A X OXFORD 12,500 52,43020 32 01313800002030000002A PIERRE 10,000 $1,944.16 33 01313800002030000003.0 X KREJCI 10,000 $1,944.16 34 01313800002 03W 00004.0 FROGGATT 10,000 $1,844.16 35 01 31 36 m00020300OOOOS.O REYNOLDS 10,525 $2,065.67 38 013136 ' ' 03W 00006.0 KALINOWSKI 10,525 $2,065.67 37 013138 00002 0300 00007.0 TEELUCKSINGH 10,000 $1,944.16 38 013138 00002 03W .0 FUOARINO 10,000 $1.944.16 39 013138 ODD02 0300 OW09.0 X COCUZZA 10,000 $1,944.16 40 013138 00002 03W 00010.0 X ROGERS 12 500 $2,43020 41 0131 3B OW03 0630 00002.0 X FLATT 10,000 $1,944.16 42 01313800003 0630 00003.0 STORCH 10,000 $7,944.16 43 C" 3138 00003 0830 00004.0 X BENJAMIN 10,000 $1,944.16 44 013138 00003 0630 00005.0 X MARCINKOSKI 20.000 $3,888.32 45 013138 OWW 0630 OW07.0 X CLARK 10,000 511944.16 46 01313800003 0630 00008.0 SCHULZ 10,000 $1,944.16 47 013138 OM OD009.0 X SCHULZ 11,875 $2,308.69 48 01313800003065000OD4A SHIELDS 10,000 $1,944.16 49 013138 0650 00WS.0 X STURGEON 10,000 $1,944.16 6013138 0650 00006.0 STURGEON 10,000 $1,944.16 51 013130 065D OD007.0 X WALLUK 10,000 $1,944.16 52 01313800003085000008.0 WALLUK 10,580 $2,056.92 53 01313800003 065000009.0 GROSS 10.580 $2.056.92 9013138 0850 00010.0 X PAMPEL 10,625 $2,085.67 9013135 06SD 00011.0 X FRANKHUISEN 10,625 $2,065.67 56 013138 00003 0850 X12.0 X JANSSEN 10,625 $2,065.67 57 013138 00003 0650 00013.0 KEANE 10,625 S2,06S.67 58 01313800003 06$0 00014.0 X LMNGSTON 10,625 $2,065.67 59 01313800003065000015.0 HUETTL 10,625 $2,065.67 013138 OW03 0650 00016.0 X GROTKE 10,625 $2,065.87 81 013138 0650 00017.0 X BARTON 21,250 $4,131.34 62 01313800003 OS5O 00019.0 X GILL 12,719 $2,472.77 63 013138000030000620.0 X DRUMMOND 10,000 $1,944.16 9013138 DOW 00021.0 X CATINELLA 10,000 511944.16 65 013138 OW03OM 0 0 02 2.0 X COMPITELLO 10,000 $1,944.16 68 01313800003 0850 00023.0 X BATES 10,000 $1,844.18 67 013138 00003 0850 00024.0 X WARDLOW 10,000 $1,944.16 88 013138 osso 00025.0 X DIXON 10,000 $1,944.16 69 01313800003065000026.0 X ACOSTA 10,000 $1,844.16 70 013138 06M 00027.0 ACOSTA 10,000 51,944.18 71 013138 00003 0650 00028.0 X TATRO 10,000 $1,944.18 72 01313800003065000DZ9.0 CASARLO 10,000 $1,944.16 73 013130 OOM 0850 W030.0 O'CONNELL 10,000 1944.16 COMPLETE ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WITH THE ORIGINAL RESOLUTION 2000-041 APRIL 49 2000 -123- vim. i J�1, t_ 111 CHILDREN'S SERVICES ADVISORY COMMITTEE -PLAN UPDATE FOR 2000-2001 The Board reviewed a letter of March 28, 2000: BOARD OF COUNTY COMMISSIONERS 1840 25th Stmt, Vero Beach, Florida 32960 Telephone: (407) 5674WW March 28, 2000 Indian River County Commissioners 1840 25'" Street Vero Beach, Florida 32960 Suncom Telephone: 2241011 The report titled "Children's Services Plan Update 2000-2001" was approved at the March 22nd meeting of the Children's Services Advisory Committee. Staff recommends acceptance of the Children's Services Plan Update 2000-2001. Respectfully submitted, �J Joyce Johnston -Carlson APPROVED AGENDA ITEM For April 4, 2000 By: �--- �--� /��i00/1 T /'5roA'L y Al APRIL 4, 2000 -124- • • 9 Joyce Johnston -Carlson reviewed the update of the 3 -Year Plan for Children's Services which had been prepared by the Needs Assessment Committee. She explained that this would be used as the background material for the Grant Committee when they make their recommendations for funding. Commissioner Ginn expressed her concerns and questions about several points in the update as well as the Plan, and Ms. Johnston -Carlson responded. Commissioner Ginn also reviewed her handouts and pointed out that asset mapping also means finding prevention for the gaps in services. She questioned the term "child asset building', and Commissioner Macht explained that was a method of teaching children how to get through life. Joyce Johnston -Carlson added that adults are also taught to be mentors to the children Other highlights are the costs of after-school childcare for low-income families and transportation to after-school recreation programs. She also noted that there has been a decrease in fighting in schools thanks to better camera monitoring. Commissioner Ginn stated she could not support the motion. Carl Pease, 1436 32' Avenue, candidate for District #3 Board of County Commissioners, complained that handouts were not available in BCC office when he requested them, and Chairman Adams suggested he speak with Executive Aide Kimberly Massung after the meeting. Chairman Adams commented that all agenda materials should be furnished to all candidates for County Commission. APRIL 4, 2000 -125- BOCK r d' 1 d`�Y v1 r Up 0rl y AI i, �- f-�8 V v K - ot.. r .d I ' ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board, by a 4-1 vote (Commission Ginn opposed) accepted the Children's Services Plan Update 2000-2001, as requested. THE PLAN UPDATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WITH THE BACKUP FOR TODAY'S MEETING 12. RECONSIDERATION OF THOMAS AND GRETCHEN COLLINS REZONING (EARRING POINT DRIVE AND JUNGLE TRAILI (ORIGINALLY BEFORE THE BOARD ON MARCH 21, 2000) The Board reviewed a Memorandum of March 2812000: TO: The Board of County Commissioners FROM: -Ui f William G. Collins II — Deputy County Attorney DATE: March 28, 2000 SUBJECT: Reconsideration of Tom Collins' Rezoning After the Board's March 21, 2000 denial of the rezoning of Mr. Collins' ±.54 -acre building site from RS -1 to RS -6, Mr. Collins called both me and Chairman Adams inquiring as to why the County did not approve the rezoning. I informed him that the Commission was concerned that, although he may be limited to one dwelling unit, if the property was transferred with RS -6 zoning, there would be the possibility of some other owner developing three dwelling units on what they consider to be a small and sensitive site along the Indian River. APRIL 4, 2000 -126- • . Mr. Collins proposed to resolve this fear by recording a deed restriction on the property which would run with the land, limiting the .54 -acre site to one single- family dwelling unit. The Indian River County Code, Rules of Debate, Section 102.06(7) states that "A motion to reconsider an action taken by the Commission may be made only during the session at which such action was taken. Such motion must be made by one on the. prevailing side, but may be seconded by any member. This section shall not preclude any Item on which Commission action has already been taken from being placed on the subsequent agenda." (Emphasis added.) I advised the Chairman that this matter should be brought to the Commission for a decision as to whether they wish to reconsider their action based upon Mr. Collins' willingness to deed restrict the property to a single unit. If the Board does pass a motion to reconsider, since this involves rezoning, there roust be public notice advertised in the paper, and the hearing would be scheduled for May 2nd. In view of the foregoing, the Board should decide whether they wish to pass a motion to reconsider, initiating advertisement and scheduling a public hearing on May 2nd. APRIL 4, 2000 ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board, by a 4-1 vote (Commissioner Stanbridge opposed) agreed to reconsider this matter and authorized staff to advertise a public hearing for May 2, 2000, as requested. A;;� -127- p B.A. CHAIRMAN FRAN B. ADAMS - DISCUSSION OF ORDINANCE 1999-021 ESTABLISHING REGULATIONS GOVERNING ALARMS RESPONDED TO BY LAW ENFORCEMENT AGENCIES Chairman Adams asked the Board's permission to have stafftalk with Deputy Sheriff Ron Kramer and Sandy Shields concerning the False Alarm Ordinance to determine how the Ordinance can be modified due to the large number of complaints she has received. ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board unanimously authorized staff to work with Deputy Ron Kramer and Sandy Shields of the Sheriff's Department on resolving these complaints. 13.1). COMMISSIONER RUTH STANBRIDGE - UPDATE REGARDING THE DIVISION OF STATE LANDS CASE (LOST TREE ISLAND51 Commissioner Stanbridge reported on the status of the Lost Tree Islands submerged land matter. She felt it is important that Indian River County take a stand regarding the court cases and the suggestion that the County purchase half of the Lost Tree land that was originally contemplated at double the price. She requested that a letter be sent to the Department of Community Affairs, the Governor and the Cabinet, advising them that Indian River County is not interested in any deal regarding those lands at this time. APRIL 4, 2000 -128- ® w Commissioner Ginn believed the letter should state that the County is still interested in the purchase of the lands, but at an appraised price. Commissioner Stanbridge noted that our guidelines call for a "willing" seller and an appraised price. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Macht, the Board unanimously authorized a letter to the Department of Community Affairs and the State Cabinet to inform them that (1) Indian River County is not interested in partnering any deal they might make with the owners of Lost Tree Village and/or the Town of Indian River Shores and (2) Indian River County's guidelines for purchase of environmental lands include purchase from a willing seller at or below the appraised value of such lands. 14.A. EMERGENCY SERVICES DISTRICT None. U.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being -prepared separately. APRIL 4, 2000 -129- �� U.C. ENVIRONMENTAL CONTROL BOARD None. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 2:04 p.m. W"039 C Y, - k t) C J. K. on, Clerk �A0amt,-:3 Fran B. Adams, Chairman Minutes Approved: q a 00C, APRIL 4, 2000