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HomeMy WebLinkAbout4/11/2000,4 MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, APRIL 11, 2000 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25h 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) 9:00 a.m. 3 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 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE Comm. Caroline D. Ginn 4. ADDITIONS/DELETIONS to the AGENDA/EMERGENCY ITEMS ADDITIONS: 12. Partial Release of Utility Easements (Sebastian Highlands) B.C. Discuss Addition of Cultural Element to Comprehensive Plan DELETIONS: None. 5. PROCLAMATION and PRESENTATIONS Proclamation Honoring Lieutenant Wilbour D. Tripp on his Retirement from Indian River County Employment on April 28, 2000 1-2 6. APPROVAL OF MINUTES A. Regular Meeting of March 7, 2000 B. Regular Meeting of March 14, 2000 BOOK M PAGE 01 r rBOOK 113 PAGE 02 BACKUP PAGES 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1) Public Notice from the City of Sebastian City Council for a Quasi Judicial Public Hearing for Wed., 4/12/00 at 7: 00 p.m., City Hall, 1225 Main St., Sebastian to consider adopting a resolution approving a preliminary plat forPublix Indian River Subdivision located at the northwest corner of Barber St., & US #1 (9.92 acre tract currently CG [Commercial General]) 2) Sebastian Inlet Tax District Commission Annual Financial Report (CAFR) for 1998-99 FY, with _ Proposed Meeting Schedule B. Approval of Warrants (memorandum dated March 30, 2000) 3-11 C. Modification to Agreement between City of Sebastian, Indian River County, and Nelson Hyatt for Constructing Improvements to Barber Street between FEC Railway and U.S. 1. (memorandum dated March 29, 2000) 12-16 D. Proclamation in support of "Celebration 2000" Fund-raiser for the Coalition for the Homeless Thursday, May 18, 2000 17 E. Harold Christenson's Request for Extension of Site Plan Approval for a Multi -Family Development to be known as Santa Maria Apartments SP -MA -99-06-36 / 98100151 (memorandum dated April 5, 2000) 18-22 F. KSM Engineering and Testing, Inc.'s Request for Extension of Site Plan Approval to Construct a Building and Outdoor Vehicle Storage Area SP -MA -99-05-27 / 97050041 (memorandum dated April 5, 2000) 23-27 G. Board Approval of Florida Communities Trust Cost -Share Agreement Extensions/Addenda for the Round Island South and Wabasso Scrub Addition LAAC Sites (memorandum dated April 5, 2000) 28-34 H. Beazer Homes Request for Final Plat Approval for Island Club Riverside Phase IV (memorandum dated April 5, 2000) 35-54 BACKUP 7. CONSENT AGENDA - (continued): PAGES I. Appointment of Milt Thomas to Public Advisory Board (FLAB) by Commissioner Kenneth R. Macht (memorandum dated April 4, 2000) 55-56 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS PAGE A. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO RM -6, MULTIPLE - FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ ACRE), FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 5THSTREET, S.W., APPROXIMATELY 655 FEET EAST OF 27TH AVENUE, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE Sun -Up of Indian River, Inc. and Others' Request to Rezone Approximately 40 Acres from RS -6 to RM -6 (Quasi -Judicial) (memorandum dated March 28, 2000) 57-73 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG, GENERAL COMMERCIAL DISTRICT, TO RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 27M AVENUE AND 14TH STREET, S.W., AND DESCRIBED HEREIN, AND PRO- VIDING FOR EFFECTIVE DATE County Initiated Request to Rezone ±0.37 Acres from CG to RS -6 (Quasi -Judicial) (memorandum dated March 24, 2000) 74-86 B. PUBLIC DISCUSSION ITEMS None BOOK X13 PAGE 03 Book U3 PAGE 04 9. PUBLIC ITEMS (cont'd.Z BACKUP C. PUBLIC NOTICE ITEMS PAGES Scheduled for Public Hearing on May 2, 2000: Sebastian Water Expansion Phase(s) II -D & II -E Indian River County Project No's UW -97 -13 -DS & UW -97 -14 -DS Resolution III (memorandum dated April 4, 2000) 87 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services 1. Request for Qualifications (RFQ's) for Addition and Modification to Sheriff's Evidence Storage Space (memorandum dated April 5, 2000) 88 2. Exchange Club Request to Use Parking Garage for Music Festival (memorandum dated March 29, 2000) 89-92 D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works 1. Local Agency Agreement for the Gifford Bikepath (memorandum dated March 30, 2000) 93-113 2. Local Agency Agreement for the Old Winter Beach Road Bikepath (memorandum dated April 3, 2000) 114-134 I 11. DEPARTMENTAL MATTERS (cont'd.) BACKUP PAGES G. Public Works 3. Developers Agreement for paving 1,320 feet of 5th St. S.W., West of 43rd Ave. Arbor Trace Planned Development. (memorandum dated April 5, 2000) 135-139 4. Right -of -Way Acquisition 5' Street S.W. between 43rd and 58th Avenues Street Paving Improvements Bernita Johnston -Harkins (memorandum dated March 29, 2000) 140-147 5. Right -of -Way Acquisition/County Project No. 9803 70 Avenue Improvements Edward A. & Cheryl E. Tillis (memorandum dated March 28, 2000) 148-156 H. Utilities 1. North Beach R. O. Plant Conversion Final Change Order, Release of Retainage & Final Payment and Additional Engineering Amendment (memorandum dated April 3, 2000) 157-188 2. Request for Authorization to release Final Payment Including All Retainage Held for: The 98th Avenue Master Plan Water and Master Plan Sewer Project Pursuant to the Developer's Agreement. (memorandum dated April 4, 2000) I. Human Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Fran B. Adams B. Vice Chairman Caroline D. Ginn 189-196 BOOK IJ3 kAGE �� _I BOOK M PAGE 06 BACKUP 13. COMMISSIONERS ITEMS (cont'd.l: PAGES C. Commissioner Kenneth R. Macht Brief Overview of Central Florida Regional Economic Summit 2000 Held March 29, 2000 (no Backup) D. Commissioner Ruth Stanbridge E. Commissioner John W. Tippin 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District 1. Approval of Minutes — meeting of 2/8/00 2. Approval of Minutes — meeting of 2/22/00 3. Approval of Change Order # 1- Construction of Emergency Services Station # 11 (memorandum dated April 3, 2000) 197-198 B. Solid Waste Disposal District Closed Landfill Preliminary Remedial Action Plan (memorandum dated March 24, 2000) 199-217 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.R.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. INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF APRIL 11, 2000 1. CALL TO ORDER ............................................... 1 2. INVOCATION .................................................. 1 3. PLEDGE OF ALLEGIANCE ....................................... 1 4. ADDITIONS/DELETIONS TO THE AGENDA ........................ 1 5.A. PROCLAMATION HONORING LIEUTENANT WQ,BOUR D. TRIPP ON HIS RETIREMENT FROM FIRE DIVISION OF EMERGENCY SERVICES DEPARTMENT ................................................. 2 6.A. & B. APPROVAL OF N MUTES .................................. 4 7. CONSENT AGENDA ............................................ 4 7.A. Reports Placed on File in the Office of the Clerk to the Board ......... 4 7.B. Approval of Warrants ....................................... 4 7.C. Modification of Agreement between City of Sebastian, Indian River County and Nelson C. Hyatt (add Marie Dolores Hyatt) for Constructing Improvements to Barber Street between FEC Railway and US 1 ...... 12 7.D. Proclamation in Support of "Celebration 2000" Fund Raiser for the Coalition for the Homeless .................................. 14 7.E. Harold Christenson's Request for Extension of Site Plan Approval for a Multi -Family Development to be Known as Santa. Maria Apartments SP- MA -99-06-36/98100151 .................................... 15 7.F. KSM Engineering and Testing, Inc. - Request for Extension of Site Plan Approval to Construct a Building and Outdoor Vehicle Storage Area .. 17 7.G. Florida Communities Trust (FCT) Cost -Share Agreement Extensions/Addenda for the Round Island South and Wabasso Scrub Addition LAAC Sites ....................................... 19 7.11. Beazer Homes Request for Final Plat Approval for Island Club Riverside PhaseIV ................................................ 20 �l BOOK M PAGE 07 I BOOK 113 PAGE 08 7.I. Appointment of Milt Thomas to the Public Library Advisory Board by Commissioner Kenneth R. Macht ............................. 29 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2000-012 - REZONING APPROXIMATELY 40 ACRES FROM RS -6 TO RM -6 AS REQUESTED BY SUN -UP OF INDIAN RIVER, INC. AND OTHERS - LOCATED ON THE SOUTH SIDE OF 5TH STREET SW NEAR EAST SIDE 27TH AVENUE (QUASI-JUDICIAL) ............................................ 30 9.A.2. PUBLIC HEARING - ORDINANCE NO. 2000-013 REZONING APPROXIMATELY 0.37 ACRES FROM CG TO RS -6 (COUNTY INITIATED REQUEST) - LOCATED AT NORTHEAST CORNER OF 27TH AVENUE AND 14TH STREET SW - OWNERS: CHRISTOPHER STEPHENS AND KELLY BATTERSEA (QUASI-JUDICIAL) ................................. 41 9.C. PUBLIC NOTICE ITEM - SEBASTIAN WATER EXPANSION PHASES(S) II -D & II -E - SCHEDULED FOR MAY 2, 2000 PUBLIC HEARING ........... 49 MCA. REQUEST FOR QUALIFICATIONS (RFQ) FOR ADDITION AND MODIFICATION TO SHERIFF'S EVIDENCE STORAGE SPACE... 49 ll.C.2. EXCHANGE CLUB'S REQUEST TO USE COURTHOUSE PARKING GARAGE FOR MUSIC FESTIVAL ........................... 50 l l.G.1. RESOLUTION NO. 2000-042 - LOCAL AGENCY PROGRAM AGREEMENT - FLORIDA DEPARTMENT OF TRANSPORTATION - GIFFORD BIKEPATH (US 1 BETWEEN 37TH AND 45TH STREETS)2 11.G.2. RESOLUTION NO. 2000-043 - LOCAL AGENCY PROGRAM AGREEMENT FOR THE OLD WINTER BEACH ROAD BIKEPATH ALONG JUNGLE TRAIL TO AlA ............................ 54 l l.G.3. DEVELOPER'S AGREEMENT FOR PAVING 1320' OF 5TH STREET SW WEST OF 43RD AVENUE - THE ARBOR TRACE DEVELOPMENT, INC. (A PLANNED DEVELOPMENT) ......... 57 l l.G.4. RIGHT-OF-WAY ACQUISITION - 5TH STREET SW BETWEEN 43RD AND 58TH AVENUES - STREET PAVING EMPROVEMENTS - BERNITA JOHNSTON-HARKINS ........................... 59 2 0 is _I 11.G.5. RIGHT-OF-WAY ACQUISITION - 74TH AVENUE IMPROVEMENTS - EDWARD A. & CHERYL E. TILLIS - COUNTY PROJECT NO. 9803 61 11.H.1. NORTH BEACH R.O. PLANT CONVERSION - FINAL CHANGE ORDER, RELEASE OF RETAINAGE AND FINAL PAYMENT - ADDITIONAL ENGINEERING AMENDMENT - CAMP DRESSER & MCKEE, INC. - TLC DIVERSIFIED, INC ....................... 62 11.H.2. AUTHORIZATION TO RELEASE FINAL PAYMENT INCLUDING ALL RETAINAGE HELD FOR THE 98TH AVENUE MASTER PLAN WATER AND MASTER PLAN SEWER PROJECT PURSUANT TO THE DEVELOPER'S AGREEMENT WITH ALFRED SCOPINICH (KSM) 64 12. PARTIAL RELEASE OF UTILITY EASEMENTS LOCATED WITHIN SEBASTIAN HIGHLANDS UNITS 11, 16, AND 17 .................... 66 13.C.1. COMMISSIONER MACHT - BRIEF OVERVIEW OF CENTRAL FLORIDA REGIONAL ECONOMIC SUMMIT 2000 HELD MARCH 29, 2000 ....................................................... 67 13.C.2. COMMISSIONER MACHT - CULTURAL ELEMENT FOR COMPREHENSIVE PLAN .................................. 68 14.A. EMERGENCY SERVICES DISTRICT ......................... 68 14.13. SOLID WASTE DISPOSAL DISTRICT ........................ 69 14.C. ENVIRONMENTAL CONTROL BOARD ...................... 69 BOOK 113 PAGE 09 April 11, 2000 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 11, 2000. Present were, Fran B. Adams, Chairman; Caroline D. Ginn, Vice Chairman; Kenneth R Macht; Ruth Stanbridge; and John W. Tippin. Also present were James E. Chandler, County Administrator; Terrence P. O'Brien, Acting County Attorney; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Commissioner Tippin delivered the invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Ginn led the Pledge to the Flag. 4. ADDITIONSMELETIONS TO THE AGENDA Commissioner Macht requested the addition of item 13.C.2. concerning addition of a Cultural Element to the Comprehensive Plan. Chairman Adams advised there was an addition of item 12. Partial Release of Utility Easements Located in Sebastian Highlands. April 11, 2000 1 • BOOK 113 PAGE 1 BOOK PAGE Administrator Chandler requested the deletion of item 7.H., but Vice Chairman Ginn and Commissioner Stanbridge wanted to discuss that item (Beazer Homes request for final plat approval for Island Club Riverside Phase IV) so it was not withdrawn, but separated from the Consent Agenda for discussion. Chairman Adams announced there was a revised page 114 to the back up (for item 11.G.2.) ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously made the requested changes to the agenda. 5.A. PROCLAMATION HONORING LIEUTENANT WILBOUR D. TRIPP ON HIS RETIREMENT FROM FIRE DIVISION OF EMERGENCY SERVICES DEPARTMENT Chairman Adams read and presented the proclamation and retirement award to Lt. Tripp. In addition, she thanked him for his support of the Frog Leg Festival. Lt. Wilbour D. "Zip" Tripp advised he had enjoyed and made many great friends in his 29 years with the fire department. He felt great strides had been made in the department and hoped the Firefighters' Fair keeps going. Pi20CLAMATION HONORING LIEUTENANT WILBOUR D. TRIPP ON HIS RETIREMENT FROM INDIAN RIVER COUNTY EMPLOYMENT ON APRIL 30, 2000 WHEREAS, WILBOUR D. TRIPP announces his retirement from Indian River County Department of Emergency Services. Fire Division and the Indian River County Board of County Commissioners effective April 30.2000: and April 11, 2000 2 WHEREAS. WILBOUR D. TRIPP returned from service In Vietnam in 1971 and after a short time in school started a new career: and WHEREAS, WILBOUR D. TRIPP was employed by the Vero Beach Fire Department on May 12,1972, as a Firefighter. was promoted to Engineer on March 20,1977. to Lieutenant on March 7,1982, and serving in that capacity for the past eighteen years. During his career with the Indian River County Department of Emergency Services he has served countless hours as the founder and organizer of our county fair and as President of the Vero Beach Firefighters Association. He has earned the respect and admiration of the community and will be sorely missed by his co-workers. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. that the Board expresses its deep appreciation for the services LIEUTENANT WILBOUR D. TRIPP has performed on behalf of Indian River County and extends heartfelt wishes for a happy retirement and success in future endeavors. Adopted this 111° day of April 2000. Indian River County Vero Beach, Florida This is to certify that Wilbour Tripp is hereby presented this Retirement Award for outstanding performance and faithful service to Indian River County Board of County Commissioners for twenty seven years of service on this 30" day of April 2000 Q.Y. _6 Q ts,a.. ns� a�,ema�tcarc. =J April 11, 2000 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY. FLORIDA Fran B. Adams. Chairman BOOK 1 13 F'AGE r, BOOK U3 PAGE 1 6.A. & B. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meetings of March 7, 2000 or March 14, 2000. There were none. ON MOTION by Vice Chairman Ginn, SECONDED By Commissioner Stanbridge, the Board unanimously approved the Minutes of the Regular Meetings of March 7, 2000 and March 14, 2000, as written and distributed. 7. CONSENT AGENDA Item 7.H. had been separated earlier for discussion. 7.A. Reports Placed on File in the O ace of the Clerk to the Board Public Notice from the City of Sebastian City Council for a Quasi -Judicial Public Hearing for Wed., 4/12/00 at 7 p.m. in City Hall to consider adopting a resolution approving a preliminary plat for Publix Indian River Subdivision located at the northwest comer of Barber Street & US 1(9.92 acre tract currently CG) Sebastian Inlet Tax District Commission Annual Financial Report (CAFR) for FY 1998-1999 with Proposed Meeting Schedule 7.B. Approval of Warrants The Board reviewed a Memorandum of March 30, 2000: April 11, 2000 4 • TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: MARCH 30, 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 23, 2000 to March 30, 2000. Attachment: EMF:AH ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Tippin, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period March 23-30, 2000, as requested. April 11, 2000 5 • BOOK LJ PAGE 14 BOOK x.13 PAGE April 11, 2000 2 VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID IR CHECK CHECK CHECK NAME DATE AMOUNT NUMBER 0020469 CHAMBER OF COMMERCE 2000-03-23 20.00 9,918.65 0020470 CHAMBER OF COMMERCE 2000-03-23 138.50 0020471 KRUCZKIEWICZ, LORIANE 2000-03-29 285.24 0020472 CAREY,PA PARTICK A. 2000-03-29 92.31 0020473 BUREAU FOR CHILD SUPPORT ENFOR 2000-03-29 0020474 WI SCTF 2000-03-29 150.00 200.00 0020475 VELASQUEZ, MERIDA 2000-03-29 226.97 0020476 INDIAN RIVER COUNTY BOARD OF 2000-03-29 0020477 INTERNAL REVENUE SERVICE 2000-03-29 295.00 0020478 CHAPTER 13 TRUSTEE 2000-03-29 521.88 0020479 VERO BEACH FIREFIGHTERS ASSOC. 2000-03-29 2,430.00 0020480 INDIAN RIVER FEDERAL CREDIT 2000-03-29 82,973.83 0020481 COLONIAL LIFE & ACCIDENT 2000-03-29 231.03 0020482 UNITED WAY OF INDIAN RIVER CTY 2000-03-29 3,120.96 0020483 NACO/SOUTHEAST 2000-03-29 6,961.45 0020484 SALEM TRUST COMPANY 2000-03-29 552.28 0020485 WISCONSIN SUPPORT COLLECTIONS 2000-03-29 23.08 0020486 FL SDU 2000-03-29 7,304.98 0020487 INDIAN RIVER COUNTY BOARD OF 2000-03-29 4.00 0020488 INDIAN RIVER COUNTY BOARD OF 2000-03-29 1,635.00 0264798 STEWART, NALL, EVANS & HAFNER 1999-06-24 .00 0268911 BIG BEND CHAPTER, SBCCI/BOAF 1999-09-09 .00 0271049 STEWART, NALL, EVANS & HAFNER 1999-10-14 .00 0276712 CABOT LODGE 2000-02-03 .00 0277386 SCANDVIK 2000-02-10 .00 0278132 LOPEZ, PATRICIA 2000-02-24 .00 0278888 INTERNATIONAL SOLID WASTE ASOC 2000-03-09 .00 0279328 LANGUAGE SERVICES, LTD 2000-03-16 .00 0279380 PRESS JOURNAL 2000-03-16 .00 0279549 CHAMBER OF COMMERCE 2000-03-23 .00 0279981 A A FIRE EQUIPMENT, INC 2000-03-30 949.25 0279982 ACTION TRANSMISSION AND 2000-03-30 108.50 0279983 ADRON FENCE COMPANY 2000-03-30 599.00 0279984 AMERICAN CORRECTIONAL 2000-03-30 35.00 0279985 APPLE INDUSTRIAL SUPPLY CO 2000-03-30 2,961.27 0279986 APPLE MACHINE & SUPPLY CO 2000-03-30 285.52 0279987 ATLANTIC ROOFING OF 2000-03-30 3,192.00 0279988 AT EASE ARMY NAVY 2000-03-30 266.00 0279989 ABS PUMPS, INC 2000-03-30 2,022.56 0279990 A S C E AMERICAN SOCIETY OF 2000-03-30 14.25 0279991 ATLANTIC FORD TRUCK SALES, INC 2000-03-30 137,754.00 0279992 ALL RITE WATER CONDITIONING 2000-03-30 108.75 0279993 A T & T WIRELESS SERVICES 2000-03-30 48.64 0279994 A T & T 2000-03-30 51.66 0279995 AGENCY FOR HEALTH CARE 2000-03-30 34,895.73 0279996 ACTION TRAINING SYSTEMS, INC 2000-03-30 200.00 0279997 AAC BUILDERS, INC 2000-03-30 500.00 0279998 AVIS 2000-03-30 109.04 0279999 APOLLO ENTERPRISES 2000-03-30 124.65 0280000 AGRO DISTRIBUTION, LLC 2000-03-30 2,032.45 0280001 ATLANTIC ORTHOPAEDIC GROUP 2000-03-30 132.06 0280002 AMERICAN CONCRETE INSTITUTE 2000-03-30 62.75 0280003 BOARD OF COUNTY COMMISSIONERS 2000-03-30 4,735.13 0280004 BLACKHAWK QUARRY COMPANY 2000-03-30 316.51 0280005 BREWER ELECTRIC ENTERPRISE INC 2000-03-30 485.00 0280006 BRUGNOLI, ROBERT J PHD 2000-03-30 1,850.00 0280007 BARTON, JEFFREY R- CLERK 2000-03-30 201,159.50 0280008 BERGGREN EQUIPMENT CO, INC 2000-03-30 482.96 0280009 BURGOON BERGER CONSTRUCTION 2000-03-30 500.00 April 11, 2000 2 VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID IR April 11, 2000 7 sooK " `` PAGEib CHECK CHECK CHECK NAME DATE AMOUNT NUMBER 0280010 BERTOLETTE, RANDALL DEB, MD 2000-03-30 17.00 0280011 BARTON, JEFFREY K 2000-03-30 1,636.05 0280012 BURKEEN, BRIAN 2000-03-30 214.00 0280013 BEUTTELL, PETER M 2000-03-30 500.00 0280014 BRANDON CAPITAL CORPORATION 2000-03-30 86.14 0280015 BOOKS ON TAPE INC 2000-03-30 767.85 0280016 BELLSOUTH MOBILITY 2000-03-30 67.29 0280017 BETTER COPY CENTER, A 2000-03-30 145.28 0280018 BELLSOUTH PUBLIC COMMUNICATION 2000-03-30 420.78 0280019 HEM, BETTY 2000-03-30 41.20 0280020 BROOKER, ELIZABETH STEWART 2000-03-30 262.50 0280021 BUILDING OFFICIAL'S ASSOC 2000-03-30 20.00 0280022 BAROT, BASHKAR 2000-03-30 7,736.62 0280023 BOURDETTE, JASON 2000-03-30 500.00 0280024 HIP DIPIETRO ELECTRIC INC 2000-03-30 765.22 0280025 HUCKNER, JACK 2000-03-30 8.71 0280026 BELLSOUTH 2000-03-30 552.20 0280027 COASTLINE EQUIPMENT CO., INC 2000-03-30 122.72 0280028 CLASSIC AWARDS 2000-03-30 46.00 0280029 CO1'MUNICATIONS INT'L INC 2000-03-30 230.43 0280030 CRAMER, CHARLES A 2000-03-30 71.37 0280031 COX GIFFORD FUNERAL ROME 2000-03-30 300.00 0280032 COASTAL REFINING & MARKETING 2000-03-30 9,938.97 0280033 CLINIC PHARMACY 2000-03-30 394.94 0280034 COPELAND, LINDA 2000-03-30 808.50 0280035 CARTER & VERPLANCK 2000-03-30 10,000.00 0280036 CITGO PETROLEUM CORP 2000-03-30 1,352.67 0280037 COPIER SPECIALIST PLUS 2000-03-30 539.55 0280038 COUNTY VETERANS' SERVICE 2000-03-30 60.00 0280039 CSR AMERICA, INC. 2000-03-30 428.23 0280040 CRAWFORD, SANDY 2000-03-30 19.00 0280041 COOPER, GEORGE 2000-03-30 5,700.00 0280042 CARIBE ROYAL HOTEL 2000-03-30 338.00 0280043 CONSTRUCTION LICENSING 2000-03-30 40.00 0280044 CONRADO, STEFANIE 2000-03-30 69.53 0280045 CUSTOM CANVAS 2000-03-30 1,035.00 0280046 CITIFINANCIAL MORTGAGE CO 2000-03-30 431.16 0280047 CLIFFORD, ANGELA 2000-03-30 6.00 0280048 CAMFIELD, GRAY 2000-03-30 5,528.16 0280049 DAVES SPORTING GOODS 2000-03-30 777.31 0280050 DICRERSON-FLORIDA, INC 2000-03-30 781.40 0280051 DOCTOR'S CLINIC 2000-03-30 1,024.22 0280052 DANGERFIELD, DAVID 2000-03-30 18.00 0280053 DURO-TEST CORP 2000-03-30 4,990.60 0280054 DOLPHIN DATA PRODUCTS INC 2000-03-30 2,176.03 0280055 DILLMAN, LINDA WATSON 2000-03-30 598.00 0280056 ERRETT, NANCY 2000-03-30 118.80 0280057 EVANS, FLOYD 2000-03-30 37.50 0280058 EMERGENCY MEDICINE ASSOCIATES 2000-03-30 29.00 0280059 ELPEX, INC 2000-03-30 389.80 0280060 EDLUND & DRITENBAS 2000-03-30 11,985.37 0280061 EMERGENCY LINEN SUPPLY CO 2000-03-30 287.60 0280062 ECOTECH CONSULTANTS, INC 2000-03-30 4,554.96 0280063 EXCHANGE CLUB CASTLE 2000-03-30 2,923.18 0280064 FLORIDA POWER & LIGHT COMPANY 2000-03-30 14,715.94 0280065 FLORIDA WATER RESOURCES 2000-03-30 135.60 April 11, 2000 7 sooK " `` PAGEib BOOK M PAGE 17 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0280066 FRASER ENGINEERING & TESTING 2000-03-30 17.00 0280067 FLORIDA TIRE RECYCLING, INC 2000-03-30 940.20 0280068 FLINN, SHEILA I 2000-03-30 161.00 0280069 FAIRWINDS TRAVEL & TOURS 2000-03-30 626.00 0280070 FELLSMERE, CITY OF 2000-03-30 66.67 0280071 FATHER & SON CARPET, INC 2000-03-30 65.00 0280072 FACTICON, INC 2000-03-30 1,275.00 0280073 FREIGHTLINER TRUCKS OF SOUTH 2000-03-30 837.14 0280074 FIRSTLAB 2000-03-30 1,861.50 0280075 FIRESTONE TIRE & SERVICE 2000-03-30 1,661.00 0280076 FLORIDA PAIN MANAGEMENT ASSOC 2000-03-30 546.00 0280077 FRANK'S HANG-UP 2000-03-30 49.33 0280078 GENERAL GMC, TRUCK 2000-03-30 180.00 0280079 GOODKNIGHT LAWN EQUIPMENT, INC 2000-03-30 1,971.25 0280080 GARCIA, ART 2000-03-30 500.00 0280081 GOVERNOR'S HURRICANE 2000-03-30 625.00 0280082 GREENE, ROBERT E 2000-03-30 1,956.77 0280083 GOLDCOAST ANESTHESIA ASSOC 2000-03-30 516.73 0280084 GEORGE TRACY PLUMBING 2000-03-30 108.50 0280085 GREEN, PHILLIP 2000-03-30 113.30 0280086 GRAPH% PRINTING 2000-03-30 456.00 0280087 HUNTER AUTO SUPPLIES 2000-03-30 584.72 0280088 HELD, PATRICIA BARGO 2000-03-30 122.50 0280089 HUMANE SOCIETY OF VERO BEACH 2000-03-30 25.00 0280090 HOLIDAY BUILDERS 2000-03-30 500.00 0280091 HUCKLEBERRY ASSOCIATES, INC 2000-03-30 98.00 0280092 HANSEN, SUSAN 2000-03-30 151.96 0280093 HUGH C TURNER CONSTRUCTION 2000-03-30 5,207.00 0280094 HEALTHSOUTH MELBOURNEEE S.C. 2000-03-30 1,844.54 0280095 HARRIS, GREGORY PHD CVE 2000-03-30 831.90 0280096 HEILIG MEYERS 2000-03-30 2,398.00 0280097 INDIAN RIVER COUNTY 2000-03-30 59,092.00 0280098 INDIAN RIVER COUNTY SCHOOL 2000-03-30 1,207.50 0280099 INDIAN RIVER BATTERY, INC 2000-03-30 597.50 0280100 INDIAN RIVER BLUEPRINT CO INC 2000-03-30 76.32 0280101 INDIAN RIVER COUNTY UTILITY 2000-03-30 763.57 0280102 INDIAN RIVER MEMORIAL HOSPITAL 2000-03-30 750.57 0280103 I M S A FLORIDA SECTION 2000-03-30 450.00 0280104 INSURANCE SERVICING & 2000-03-30 275.00 0280105 INDIAN RIVER ALL -FAB, INC 2000-03-30 25.46 0280106 IRON OFFICE SOLUTIONS 2000-03-30 4,075.00 0280107 INTERIM PERSONNEL 2000-03-30 781.92 0280108 INDIAN RIVER COUNTY HEALTHY 2000-03-30 5,756.63 0280109 JANET'S AUTO TRIM & GLASS 2000-03-30 190.00 0280110 JANIE DEAN CHEVROLET, INC 2000-03-30 462.22 0280111 JONES, RAY 2000-03-30 18.00 0280112 JOHNSON CONTROLS INC 2000-03-30 560.72 0280113 J C WELTON CONSTRUCTION INC 2000-03-30 5,591.00 0280114 KELLER, LEA 2000-03-30 64.00 0280115 KELLY TRACTOR CO 2000-03-30 103.68 0280116 K S M ENGINEERING & TESTING 2000-03-30 420.00 0280117 KRUGER, INC 2000-03-30 90,607.00 0280118 KEEP INDIAN RIVER BEAUTIFUL 2000-03-30 2,110.81 0280119 K & M ELECTRIC SUPPLY INC 2000-03-30 129.08 0280120 KNOWLES, CYRIL 2000-03-30 519.52 0280121 KEYS-MCCAIN, MARGARET 2000-03-30 253.40 0280122 KANGA, IMTIAZ I 2000-03-30 6.99 0280123 KEISER, FRED W 2000-03-30 5.16 April 11, 2000 8 CHECK NAME NUMBER 0280124 LOCKWOOD, ROBERT E 0280125 LOWE'S COMPANIES, INC. 0280126 LIGHT SOURCE BUSINESS SYSTEMS 0280127 LFI VERO BEACH, INC 0280128 LESCO, INC 0280129 LIVE OAK LAWN SUPPLY INC 0280130 LANGSTON, HESS, SOLTON,ZNOSKO 0280131 LINDSEY GARDEN'S APARTMENTS 0280132 LUNA, JORGE 0280133 LANDSCAPE STOP 0280134 LANGUAGE LINE SERVICES 0280135 LEWIS, BARBARA 0280136 LUNA, JUVENAL 0280137 LOWTHER CREMATION SERVICES INC 0280138 MAXWELL PLUMBING, INC 0280139 MCCOLLUM, NATHAN 0280140 INDIAN RIVER COMMUNITY COLLEGE 0280141 MIKES GARAGE 0280142 MAGANA, IGNACIO M D 0280143 MARTIN'S LAMAR UNIFORMS 0280144 MORGAN AND EKLUND, INC 0280145 MEADOWS, PEGGY J 0280146 M G B CONSTRUCTION 0280147 MARTIN COUNTY PETROLEUM 0280148 MR BOB PORTABLE TOILET 0280149 MICKLE, VALERIE 0280150 MEDCHECK 0280151 MOSS, ROGER 0280152 MOSS, MARY 0280153 MERCURI, DEBRA 0260154 MEDICAL SERVICES COMPANY, INC 0280155 MURPHY, DEBBIE 0280156 MARTIN, CRISTI 0280157 MAXWELL, KIMBERLY 0280158 METTLER-TOLEDO FLORIDA, INC 0280159 MATHESON, EDWARD G, ESQ 0280160 MC GEE, JOHN 0280161 NOLTE, DAVID C 0280162 NICOSIA, ROGER J DO 0280163 N E C BUSINESS NETWORK 0280164 OFFICE PRODUCTS & SERVICE 0280165 OFFICE DEPOT, INC 0280166 O'BRIEN, PHYLIS 0280167 PARKS RENTAL INC 0280168 PERKINS INDIAN RIVER PHARMACY 0280169 PHILLIPS, LINDA R 0280170 PETTY CASH 0280171 PERKINS MEDICAL SUPPLY 0280172 PANGBURN, TERRI 0280173 PRAXAIR DISTRIBUTION 0280174 POMEROY COMPUTER RESOURCES 0280175 PRESS JOURNAL 0280176 PEGASUS TRAVEL 0280177 PUBLIX PHARMACY 0280178 PARKER, DEBBIE 0280179 P B S & J ANALYTICAL SERVICES 0280180 P B S & J ANALYTICAL SERVICES 0280181 PROFESSIONAL SUPPLY 0280182 RADIOSHACK April 11, 2000 0 CHECK CHECK DATE AMOUNT 2000-03-30 3.00 2000-03-30 890.89 2000-03-30 636.22 2000-03-30 4,369.85 2000-03-30 27.27 2000-03-30 8,173.85 2000-03-30 1,703.25 2000-03-30 728.00 2000-03-30 126.18 2000-03-30 420.00 2000-03-30 279.10 2000-03-30 36.05 2000-03-30 43.78 2000-03-30 300.00 2000-03-30 416.64 2000-03-30 97.18 2000-03-30 17,265.41 2000-03-30 155.00 2000-03-30 29.00 2000-03-30 93.50 2000-03-30 362.25 2000-03-30 8.90 2000-03-30 1,500.00 2000-03-30 44.36 2000-03-30 648.44 2000-03-30 28.05 2000-03-30 459.40 2000-03-30 82.40 2000-03-30 43.78 2000-03-30 42.92 2000-03-30 65.00 2000-03-30 230.38 2000-03-30 168.00 2000-03-30 43.78 2000-03-30 147.61 2000-03-30 1,800.00 2000-03-30 27.81 2000-03-30 147,442.09 2000-03-30 1,500.00 2000-03-30 3,192.00 2000-03-30 1,599.27 2000-03-30 2,716.30 2000-03-30 8.90 2000-03-30 2,322.38 2000-03-30 86.40 2000-03-30 455.00 2000-03-30 67.65 2000-03-30 90.00 2000-03-30 36.00 2000-03-30 21.53 2000-03-30 926.25 2000-03-30 117.00 2000-03-30 533.00 2000-03-30 10.49 2000-03-30 36.05 2000-03-30 17,328.00 2000-03-30 10,743.00 2000-03-30 935.00 2000-03-30 106.95 BOOK Id PAGE .�� _I April 11, 2000 10 0 0 BOOK PAGE 19 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0280183 RINGHAVER 2000-03-30 505.98 0280184 RINGHAVER EQUIPMENT CO 2000-03-30 62.00 0280185 ROSELAND VOLUNTEER FIRE DEPT 2000-03-30 16.00 0280186 REXFORD, INC 2000-03-30 11,514.00 0280187 ROBINSON EQUIPMENT COMPANY,INC 2000-03-30 94.50 0280188 .RICE, JAMES R & CRYSTAL 2000-03-30 17.12 0280189 RUBBER STAMP EXPRESS & MORE 2000-03-30 49.88 0280190 RIVER PARR PLACE 2000-03-30 330.00 0280191 REGIONS INTERSTATE BILLING 2000-03-30 881.31 0280192 ROMANO, CHRISTINA 2000-03-30 36.05 0280193 SCHOPP, BARBARA G 2000-03-30 171.50 0280194 SCOTT'S SPORTING GOODS 2000-03-30 4.50 0280195 SCOTTY'S, INC 2000-03-30 99.81 0280196 SEBASTIAN VOLUNTEER FIRE DEPT 2000-03-30 7,042.00 0280197 SEBASTIAN, CITY OF 2000-03-30 150.00 0280198 SEXUAL ASSAULT ASSISTANCE 2000-03-30 4,534.25 0280199 SOUTHERN CULVERT, DIV OF 2000-03-30 2,175.00 0280200 SOUTHERN ELECTRIC SUPPLY 2000-03-30 64.38 0280201 ST LUCIE BATTERY & TIRE, INC 2000-03-30 129.35 0280202 SUNSHINE PHYSICAL THERAPY 2000-03-30 229.50 0280203 ST JOHN'S RIVER WATER MGMT 2000-03-30 700.00 0280204 SERVICE REFRIGERATION CO, INC 2000-03-30 81.00 0280205 SAM'S CLUB 2000-03-30 68.28 0280206 SOUTHERN SEWER EQUIPMENT SALES 2000-03-30 438.74 0280207 SEXTON, HILDY 2000-03-30 80.00 0280208 SUN BELT MEDICAL SUPPLY, INC 2000-03-30 361.60 0280209 SHERMAN, ROGER 2000-03-30 4,546.00 0280210 SUPERIOR PRINTING 2000-03-30 141.95 0280211 SOUTHEASTERN EMERGENCY EQUIP 2000-03-30 864.03 0280212 SOUTHERN LOCK AND SUPPLY CO 2000-03-30 509.64 0280213 SECURITYLINK FROM 2000-03-30 82.50 0280214 SHERATON OCEAN FRONT HOTEL 2000-03-30 316.00 0280215 SMART CORPORATION 2000-03-30 63.80 0280216 SOUTHERN SECURITY SYSTEMS OF 2000-03-30 50.00 0280217 SULLIVAN, RACHEL 2000-03-30 118.45 0280218 SOUTHERN MANUFACTURING 2000-03-30 994.99 0280219 SALTONSTALL, MYRNA 2000-03-30 64.38 0280220 SMITH & LOVELESS INC 2000-03-30 5,825.90 0280221 SUMMIT CONSTRUCTION MGMT INC 2000-03-30 73,485.00 0280222 SILEO, STEVEN ANDREW 2000-03-30 20.60 0280223 SECURITY FIRST TITLE PARTNERS 2000-03-30 17.43 0260224 SEMINOLE OF OKEECHOBEE/JUPITER 2000-03-30 1,116.00 0280225 SECURITYLINK FROM AMERITECH 2000-03-30 86.46 0280226 STEWART, SARAH LYNN 2000-03-30 38.63 0280227 SOUTHERN MAINTENANCE SYSTEMS 2000-03-30 600.75 0280228 TEEJAYS' 2000-03-30 37.50 0280229 TEN -8 FIRE EQUIPMENT, INC 2000-03-30 1,088.10 0280230 THOMAS, DEBBY L 2000-03-30 59.50 0280231 TIPPIN, JOHN W 2000-03-30 26.39 0280232 TRUGREEN CHEMLAWN 2000-03-30 123.00 0280233 TRADE WINDS ROOFING INC 2000-03-30 3,100.00 0280234 TAMPA MARRIOTT WATERSIDE 2000-03-30 1,746.00 0280235 TREASURE COAST BUILDERS 2000-03-30 500.00 0280236 TRAFFIC MONITORING 2000-03-30 405.00 0280237 TREASURE COAST NEWSPAPERS 2000-03-30 399.00 0280238 US FILTER DISTRIBUTION GROUP 2000-03-30 5,065.13 0280239 UNLOCKING POTENTIAL INSTITUTE 2000-03-30 476.00 0280240 U.S. FILTER 2000-03-30 1,480.40 April 11, 2000 10 0 0 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0280241 VERO BEACH VOLUNTEER FIRE 2000-03-30 24.00 0280242 VERO BEACH, CITY OF 2000-03-30 608.11 0280243 VERO BEACH, CITY OF 2000-03-30 9,175.00 0280244 VERO CHEMICAL DISTRIBUTORS,INC 2000-03-30 111.60 0280245 VERO LAKE ESTATES FIRE 2000-03-30 8.00 0280246 VERO LAWNMOWER CENTER, INC 2000-03-30 195.93 0280247 VIRGIL'S RADIATOR WORKS 2000-03-30 1,635.00 0280248 VERO BEACH, CITY OF 2000-03-30 1,783.77 0280249 VERO BEACH POWERTRAIN 2000-03-30 39.19 0280250 VANTAGE EQUIPMENT CO 2000-03-30 1,467.35 0280251 WAL-MART STORES, INC 2000-03-30 418.58 0280252 WALGREENS PHARMACY #4248 2000-03-30 90.00 0280253 WELTER, PETER DC 2000-03-30 190.40 0280254 WAL-MART STORES, INC 2000-03-30 531.18 0280255 WILLHOFF, PATSY 2000-03-30 130.00 0280256 WHEELER, GARY SHERIFF 2000-03-30 78,577.00 0280257 WILSON, LEONARD A SR 2000-03-30 9.82 0280258 WILLIAMS, MARY 2000-03-30 29,471.84 0280259 WSCF-FM 2000-03-30 170.00 0280260 WEST GROUP PAYMENT CTR 2000-03-30 416.39 0280261 WOLFE, ERIN 2000-03-30 18.03 02802.62 WELLS, CARLOS L, ESQ 2000-03-30 360.95 0280263 WALKER PROCESS EQUIPMENT 2000-03-30 1,750.00 0280264 WILSON, SUSAN BARNES 2000-03-30 190.55 0280265 WHEELED COACH INDUSTRIES INC 2000-03-30 367.65 0280266 WALGREEN CO 2000-03-30 235.40 0280267 W W GRAINGER INC 2000-03-30 973.04 0280268 XEROX CORPORATION 2000-03-30 2,305.00 0280269 YORK INTERNATIONAL CORPORATION 2000-03-30 4,114.18 0280270 ZIMMERMANN, KARL 2000-03-30 103.40 0280271 ZAMARRIPA, JAIME 2000-03-30 69.53 0280272 ZARISTE, WILLIAM 2000-03-30 118.44 0280273 ZIEGLER, JULIE 2000-03-30 37.32 0280274 THOMAS, JAMES SR 2000-03-30 411.46 0280275 POST, LORRAINE 2000-03-30 323.26 0280276 MERCURI, DEBRA 2000-03-30 486.14 0280277 JOHNSON, LETISHA D 2000-03-30 494.00 0280278 PURCELL, MICHAEL 2000-03-30 67.16 0280279 CHERVANSKY, JOSEPH 2000-03-30 100.00 0280280 HARRISON, MARY KATE 2000-03-30 78.65 0280281 SERVICE REFRIGATION 2000-03-30 114.42 0280282 QUANT, BRIAN W 2000-03-30 24.50 0280283 LUCAS, PAUL 2000-03-30 50.96 0280284 KLINE, LARRY 2000-03-30 44.08 0280285 BURGOON BERGER CONSTRUCTION CO 2000-03-30 29.25 0280286 R ZORC & SONS BUILDERS INC 2000-03-30 124.69 0280287 REARDANZ, MARVIN 2000-03-30 62.38 0280288 PETERSON, JOHN 2000-03-30 82.47 0280289 CHECKERS DRIVE IN RESTUARANTS 2000-03-30 188.01 0280290 HUBBELL, PAUL 2000-03-30 69.02 0280291 BEAN, RONALD L 2000-03-30 19.19 0280292 WETHERINGTON, WILSON L 2000-03-30 50.29 0280293 HAMILTON, LYNN 2000-03-30 9.52 0280294 FRANKLIN, REGINA R 2000-03-30 20.56 0280295 FITZPATRICK SR, DONALD 2000-03-30 27.05 0280296 GILLESPIE, TREVA 2000-03-30 35.17 0280297 SCOTT, MARY DEAN 2000-03-30 82.78 0280298 THORNTON, JENNIFER 2000-03-30 79.02 April 11, 2000 11 BOOK M PAGE 40 J FF - BOOK 113 PAGE. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0280299 VANDERHEIDEN, LYNN 2000-03-30 43.81 0280300 AMERITREND HOMES 2000-03-30 40.03 0280301 BOCCHINO, JASON S 2000-03-30 129.30 0280302 AVERILL, SHANE 2000-03-30 76.33 0280303 VAN CAMPEN, PHILIP 2000-03-30 35.03 0280304 LOCKWOOD, SHERRY 2000-03-30 53.76 0280305 COPPOLA, CHRISTI L 2000-03-30 69.94 0280306 STAYANOFF, THOMAS E 2000-03-30 70.68 0280307 JEWETT, DONAVON V 2000-03-30 25.49 0280308 RAFFERTY, ADAM S 2000-03-30 12.31 0280309 BARRS, REVONDA J 2000-03-30 22.07 0280310 SALVAGGIO, JOSEPH 2000-03-30 24.10 0280311 PRESCOTT, TREVOR 2000-03-30 43.91 0280312 BERK, DAVID 2000-03-30 15.25 0280313 BASSUE, VANCELYN 2000-03-30 35.73 0280314 FLETCHER, BOBBY 2000-03-30 25.94 0280315 HOLCOMB, MISTY M 2000-03-30 11.33 0280316 ARNOLD, JOHANN 2000-03-30 5.45 0280317 DORAWA, ANDRE 2000-03-30 44.97 0280318 VONIER, MARION R 2000-03-30 11.14 0280319 ROYAL, LISA R 2000-03-30 18.38 0280320 MITTEN, JOHN 2000-03-30 14.31 0280321 BROWN, ANGELA R 2000-03-30 60.81 0280322 COUNTYSIDE N MOBILE HOME PARK 2000-03-30 1,383.99 $ 1, 317, 104. 31 7. C. Modification of Agreement between City of Sebastian, Indian River Coun& and Nelson C. Hyatt (add Marie Dolores Hyatt for Constructing Improvements to Barber Street between FEC Railway and US I The Board reviewed a Memorandum of March 29, 2000: April 11, 2000 12 -I TO: The Board of County Commissioners FROM: tL.t William G. Collins II — Deputy County Attorney DATE: March 29, 2000 SUBJECT: Modification to Agreement between City of Sebastian, Indian River County, and Nelson Hyatt for Constructing Improvements to Barber Street between FEC Railway and U.S. 1 January 14, 1997 the aforementioned parties entered into an agreement for the relocation of Barber Street between FEC Railway and U.S. 1. Nelson Hyatt dedicated right-of-way at no cost in exchange for traffic impact fee credits to his property in the Sebastian area. Mr. Hyatt recently contacted me and requested that the agreement be modified so that the "Developer" in the agreement would be identified not only as Nelson C. Hyatt but also as Marie Dolores Hyatt, his wife. This modification is on the advice of his attorney for estate planning purposes. His attorney confirms that Mrs. Hyatt has an interest in the property to be benefited by the traffic impact fee credits in the agreement. RECOMMENDATION: Approve the attached Modification of the Agreement identifying not only Nelson C. Hyatt, but also his wife Marie Dolores Hyatt as "Developer". WGC/nhm Attachment ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Tippin, the Board unanimously approved the proposed Modification of the Agreement identifying not only Nelson C. Hyatt, but also his wife Marie Dolores Hyatt, as "Developer", as recommended in the Memorandum. April 11, 2000 MODIFICATION TO AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WIZEN EXECUTED AND RECEIVED 13 BOOK 11J PAGE 4 BOOK L3 PAGE 23 7.D. Proclamation in SuMort of "Celebration 2000 " FundRaiser�or the Coalition for the Homeless PROCLAMATION IN SUPPORT OF "CELEBRATION 2000" FUND-RAISER FOR THE COALITION FOR THE HOMELESS THURSDAY, MAY 18, 2000 WHEREAS, The Coalition for the Homeless of Indian River County will hold "Celebration 2000"'at Riverside Theatre on Thursday, May 18, and WHEREAS, The Coalition for the Homeless of Indian River County is dedicated to end homelessness through providing for the imminent needs of the indigent, combined with offering continued education and stalls necessary for the participants to develop healthy lifestyles; and WHEREAS, The Coalition offers a wide range of services to help the needy avoid homelessness and to help them return to a productive role in society; and WHEREAS, The Coalition for the Homeless of Indian River County is supported primarily by contributions: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board congraaddates The Coalition for the Homeless of Indian River County for their hard work in attempting to eradicate homelessness in this County, and the Board further urges all citizens of Indian River County to support the fund-raising efforts of this worthwhile organization. Dated this 11th day of Apel, 2000. April 11, 2000 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (A ac rn" Fran B. Adams, Chairman 14 • ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Tippin, the Board unanimously approved the Proclamation in support of "Celebration 2000" fund raiser for the Coalition for the Homeless on Thursday, May 18, 2000. 7.E. Harold Christenson's Request for Extension of Site Plan Apnr�ova_l for a Multi Family Development to be Known as Santa Maria Apartments SP -M4-99-06-36/98100151 The Board reviewed a Memorandum of April 5, 2000: TO: James E. Chandler County Administrator D ON HEAD CONCURRENCE: Robert M. Keating, AICP Community Development Director THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP VIA Senior Planner, Current Development DATE: April 5, 2000 SUBJECT: Harold Christenson's Request for Extension of Site Plan Approval for a Multi - Family Development to be Known as Santa Maria Apartments SP -MA -99-06-36 / 98100151 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 11, 2000. DESCRIPTION AND CONDITIONS: On May 13, 1999, the Planning and Zoning Commission granted conditional major site plan approval to construct a 153 unit apartment complex to be known as Santa Maria Apartments. Approval was given to construct the apartment complex at the southeast corner of 58'b Avenue and 26t° Street. The current expiration date of the site plan approval is May 13, 2000. April 11, 2000 15 BOOK ...�.� PAGE • BOOK PAGE The project applicant has filed a request to extend the site plan approval expiration date. Financing issues are the stated reasons for the delay in construction, according to the applicant. Pursuant to site plan regulations, the extension request may now be considered by the Board of County Commissioners. ANALYSIS: Although the LDRs have been amended since the time of project review and approval, the members of the Technical Review Committee (TRC) concur that subsequent amendments as applied to the subject project are not significant enough to require substantial revisions or redesign of the project. All TRC staff members have recently approved the applicant's request for site plan extension. As allowed under provisions of the LDRs, the developer is requesting a full one year extension of the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with additional conditions the requested site plan extension. Staff has no objections to the Board granting the request since the previously approved site plan and corresponding approval conditions substantially conform to existing LDR requirements. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Harold Christenson's request for a one year extension of the conditional site plan approval with all original approval conditions to remain in effect. The new site plan approval expiration date will be May 13, 2001. ATTACHMENTS: 1. Request Letter 2. Location Map 3. Site Plan and List of Approved Conditions ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Tippin, the Board unanimously granted Harold Christenson a one-year extension of the conditional site plan approval with all original/previously approved conditions to remain in effect, as requested. (New expiration date May 13, 2001.) April 11, 2000 16 -I 7.F. KSMEngineering and Testing, Ina - Reguest for Extension of Site Plan Anyroval to Construct a Building and Outdoor Vehicle Storage Area The Board reviewed a Memorandum of April 5, 2000: TO: James E. Chandler County Administrator D ON HEAD CONCURRENCE: Obert Ni. Keating, AICP Community Development Director THROUGH: Stan Boling, Planning Director FROM: Jeff Blackstone 13 Staff Planner, Current Development DATE: April 5, 2000 SUBJECT: KSM Engineering and Testing, Inc.'s Request for Extension of Site Plan Approval to Construct a Building and Outdoor Vehicle Storage Area SP -MA -99-05-27 / 97050041 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 11, 2000. DESCRIPTION AND CONDITIONS: On March 25, 1999, the Planning and Zoning Commission granted major site plan approval for KSM Engineering and Testing, Inc. to construct a 3,700 sq. ft. contractors trades building and 5,336 sq. ft. unpaved, stabilized vehicle storage area. Approval was given to construct the development on the west side of US #1, approximately lh mile south of CR 512. The request for an extension of the site plan approval for this project was received by staff on March 23, 2000. The county land development regulations require that the request for an extension be made prior to the expiration of site plan approval. Therefore, the applicant is still eligible to be granted an extension, even though the expiration date of the site plan approval has now passed. April 11, 2000 17 �J PAGE BOOK 46 BOOK FAGE The project applicant has filed a request to extend the site plan approval expiration date. According to the applicant, the delay in construction has been caused by financial issues and the completion of site work that is necessary prior to construction. Pursuant to site plan regulations, the extension request may now be considered by the Board of County Commissioners. ANALYSIS: Although the LDRs have been amended since the time of project review and approval, the members of the Technical Review Committee (TRC) concur that subsequent amendments as applied to the subject project are not significant enough to require substantial revisions or redesign of the project. All TRC staff members have recently approved the applicant's request for site plan extension. As allowed under provisions of the LDRs, the developer is requesting a full one year extension of the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with conditions the requested site plan extension. Staff has no objections to the Board granting the request since the previously approved site plan substantially conforms to existing LDR requirements. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the KSM Engineering and Testing, Inc.'s request for a one year extension of the site plan approval. The new site plan approval expiration date will be March 25, 2001. ATTACHMENTS: 1. Request Letter 2. Location Map 3. Site Plan ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Tippin, the Board unanimously granted the one- year extension of the site plan approval as requested by KSM Engineering and Testing, Inc., as recommended in the Memorandum. (New site plan approval expiration date will be 3/25/2001.) April 11, 2000 18 • 7.G. Florida Communities Trust (FCT� Cost -Share Agreement Extensions/Addenda for the Round Island South and Wabasso Scrub Addition LAAC Sites The Board reviewed a Memorandum of April 5, 2000: TO: James E. Chandler County Administrator AR HEAD CONCURRENCE: Obert . Keating, AICP Community Development Directof FROM: Roland M. DeBlois; AICP Chief, Environmental Planning DATE: April 5, 2000 RE: Board Approval of Florida Communities Trust Cost -Share Agreement Extensions/Addenda for the Round Island South and Wabasso Scrub Addition LAAC Sites It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 11, 2000. DF. CREMON AND CONDITIONS Attached, for the Board's approval consideration, are Addenda to Conceptual Approval Agreements relating to the Round Island South and Wabasso Scrub Addition Florida Communities Trust (FCT) environmental land acquisition cost -share projects. Round 102nd South The Round Island South "Addendum VI to Conceptual Approval Agreement" will extend the FCT grant until October 31, 2000, to allow finalization of the project purchase. Although the Casey parcels of the project are scheduled to closed by the end of April, this extension will allow extra time if unforeseen circumstances postpone the closing beyond the current grant expiration date of April 30, 2000. The Wabasso Scrub Addition was originally approved by the FCT for "contingency" funding, in case monies became available due to higher ranked projects being withdrawn or bought at a lower price than allocated funds. FCT fiords have now become available, and the attached "Addendum I to Conceptual Approval Agreement" modifies the original Agreement to account for the availability of fiords. Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached agreement addenda for the Round Island South and Wabasso Scrub Addition LAAC projects. April 11, 2000 19 • BOOK PAGE � F, BOOK M PAGE 2"3 1. "Addendum VI to the Conceptual Approval Agreement" for the Round Island South project. 2. "Addendum I to Conceptual Approval Agreement" for the Wabasso Scrub Addition project. ON MOTION by "lice Chairman Ginn, SECONDED BY Commissioner Tippin, the Board unanimously authorized the Chairman to execute the proposed agreement addenda for the Round Island South and Wabasso Scrub Addition LAAC projects, as recommended in the Memorandum. COPIES OF ADDENDA ARE ON FILE IN THE OFFICE OF TBE CLERK TO THE BOARD 7.H. Beazer Homes Request for Final Plat Avner for Island Club Riverside Phase IV The Board reviewed a Memorandum of April 5, 2000: TO: James E. Chandler County Administrator DSION HEAD CONCURRENCE: �, Robert M. Keating, ATI Community Development Director ,'ib3 THROUGH: Stan Boling, AICP Planning Director FROM: Mark Zans ML Staff Planner, Current Development DATE: April 5, 2000 SUBJECT: Beazer Homes Request for Final Plat Approval for Island Club Riverside Phase IV April ll, 2000 20 I 0 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 11, 2000. DEVELOPMENT AND LOCATION: The overall Island Club Riverside subdivision Phases IV - VI proposes three phases of development resulting in 121 lots on a 48.49 acre property located east of Jungle Trail immediately west of Island Club subdivision Phases I -III. The riverside subdivision will be accessed from SR A -1-A via an extension of the existing Island Club Manor roadway. Island Club Riverside Phase IV will create 40 single-family lots and six tracts. Two tracts will be used for landscaping, two for utility purposes, one will be used as a recreation tract, and the remaining tract will be used for stormwater management. Phases V and VI will be platted separately at a future date, and will be located immediately south of Phase IV. At its regular meeting of June 24, 1999, the Planning and Zoning Commission granted preliminary plat approval for the overall subdivision (Phases IV -VI). Subsequently, a land development permit was issued for Phase IV and the developer commenced construction. The developer is now bonding -out for the remaining required improvements as part of the final plat approval process. The owner, Beazer Homes, is now requesting final plat approval and has submitted the following: 1. A final plat for Phase IV in conformance with the approved Island Club Riverside Phases IV - VI preliminary plat. 2. A cost estimate for the required Phase IV subdivision improvements. 3. A contract for construction for the required Phase IV subdivision improvements. 4. A performance bond to guarantee construction of the required improvements. ANALYSIS: At this time, a portion of the required Phase IV subdivision improvements have been completed. The applicant has submitted a contract for construction for all of the required Phase IV subdivision improvements, along with a performance bond to secure the contract. The remaining required improvements include paving, drainage, and utility work. Both the county engineering division and the utility services department have approved the submitted cost estimate and have verified that the performance bond amount is adequate to cover the estimated cost of completing 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 performance bond. 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 after satisfactory completion of the required improvements. At that time, the applicant will warranty the utility improvements via a utility services department Bill of Sale. All other improvements will be privately dedicated: therefore, no warranty maintenance agreement is required. April 11, 2000 21 BOOK it PAGE 0 • I BOOK i i.j PAGE cS RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Island Club Riverside Phase IV and authorize the chairman to sign the contract for construction and accept the performance bond that guarantees that contract. ATTACHMENTS: 1. Application 2. Location Map 3. Plat 4. Contract for Construction (Draft) 5. Performance Bond (Draft) Commissioner Stanbridge reported that she had received a call from the Michael family who have lived along Jungle Trail for many decades. She stated that Gordon Michael would be showing the Board some photographs of the jungle (on the Jungle Trail) that has been removed near the area of the Beazer site. She asked the Board's approval to have Mr. Michael come forward with his photographs. Community Development Director Robert M. Keating gave a brief overview of the Island Club Riverside Plat IV which was scheduled for final plat approval at this meeting. The preliminary plat was approved by the Planning and Zoning Commission. They have obtained a land development permit, done some construction and bonded out for the rest; that information is in the agenda backup. Recently, staff learned that Beazer had done some clearing in the buffer. They originally had a plan to do required landscaping in the Jungle Trail buffer; they were going to preserve trees and some wetlands there. He understood the situation changed somewhat: instead of preserving the wetlands, they bought some credits in the mitigation bank and they changed their Jungle Trail buffer plan without informing the County and without approval. In so doing they removed some trees they should not have removed. Director Keating had requested that the item be removed from the agenda so staff could work out several issues with the developer. The maximum fine provided is $500 per April 11, 2000 22 0 tree. Staff estimates there were five large live oak (protected) trees in the buffer and staff anticipates a fine of about $2,500. They also need to work with the developer to submit a revised Jungle Trail buffer landscaping plan. It will have to show the developer going over and above the normal landscape/buffer requirements and mitigation for the trees which were removed by providing an equal amount of trees. Staff would bring it to the Board when they feel they have something acceptable and then it would be up to the Board. Commissioner Stanbridge stated that the Board would be expecting the maximum in this situation, not saplings or wax myrtle or any other plant that should not be there. The developer has cut down some irreplaceable trees and a fine is not satisfactory either. Gordon Michael, 2655 69' Street, grew up along Jungle Trail. He reported that beginning the previous Wednesday (April 5), the developer completely cleared the whole buffer zone. There is nothing left. There were no markings, contrary to popular belief, on any trees. He spoke with one of the employees doing the land clearing and was advised the crew was told to clear everything. He recalled years before that he had come to the Board when Indian Trails tried to make a monument of a development there. He called it the "blame game" with the developer blaming the individuals doing the clearing and the individuals saying they followed the engineer's plan. In either case the County is getting the short end of the stick. His concern was that if the developer is not brought to accountability, then we might as well not even have a Jungle Trail, for it cannot be replaced. There are two developments going on presently, Bermuda Bay and Island Club. The Bermuda Bay people have done a good job by hand -clearing the Brazilian peppers and other exotics. Mr. Michael showed the photographs he had brought with him and they were displayed on the overhead projector. The photographs were placed on poster boards and contrasted the differences between how the Island Club clearing had been done versus how the Bermuda Bay development had been handled. He pointed out that there were not many April 11, 2000 23 0 BOOK PAGE J BOOK J13 PAGE 33 Brazilian pepper trees which could have been cleared out by hand in a short period of time. However, the clearing went on for almost four full days and truckload after truckload was hauled off. One of the trash piles in his photographs showed oak trees, cabbage palms, pines and a few Brazilian peppers. (CLERK'S NOTE: These photographs were turned over to Community Development staff.) He advised that Jungle Trail is now being used by the Disney Resort as a foot trail along with the vehicular traffic. He had concerns about walkers being injured because the 15 mph limit is not strictly enforced. He understood from the management booklet that there were not supposed to be any construction entrances off Jungle Trail. Commissioner Stanbridge thought that Director Keating had authorized a temporary entrance there. Mr. Michael believed that a $2,500 fine is nothing to the developers, merely a cost of doing business. He thought the Board ought to get some serious enforcement on Jungle Trail to insure the future of Jungle Trail and so that developers cannot do these things. He reported that gumbo -limbo trees, oaks, cabbage palms and many others were removed by this particular land clearing. Some of the oak trees were between 200 and 300 years old according to his 81 year old father who has lived in the area his entire life. He believed it would be difficult to find replacements. Mr. Michael was told by one of the land -clearing workers that everything was to be cleared from the south property line to the north property line up to the dirt pile dune (in the photographs) on the east side of the road. In response to Commissioner Macht's inquiry, Acting County Attorney Terrence P. O'Brien stated that the developer was obviously responsible for what was done (by his agents). He continued that under Florida Statute 125.69 the County could ask the State's Attorney to prosecute anyone who violates one of our ordinances. Our ordinance provides, April 11, 2000 24 0 0 in the tree protection area, that the people who destroy specimen trees or historic trees, mangrove or any dune vegetation shall receive the maximum penalty provided by law, which is 60 days in jail. So, the County could turn to the State to prosecute. They prosecute like a misdemeanor but it is not a misdemeanor, it is something just below a criminal offense. Commissioner Macht commented that 60 days in jail is a very interesting concept. Next he asked what would prevent the County, by way of remediation, to ask the developer to replace tree -for -tree. Trees of this size have been transplanted in other sites within the county. That would go a long way toward making the County whole and would not be pleasant for the developer to have to do as it would cost a lot of money. Commissioner Stanbridge also believed it would send a message. Acting County Attorney O'Brien thought that was within the Board's prerogative. MOTION WAS MADE by Commissioner Macht, SECONDED by Vice Chairman Grin, to require the developer to replace tree for tree, diameter for diameter, size for size and species by species. Under discussion, Chairman Adams asked if it was possible to identify the trees, and Director Keating advised that he had a good indication of what was out there and he thought one of the trees was estimated to be a 24 d.b.h. live oak and there were some other large oak trees like that. He reported that staff would be meeting with the developer later in the day to discuss his revised plan for the Jungle Trail buffer area. Chairman Adams understood they put up a performance bond and asked if the County could pull that performance bond. Director Keating responded that in the agenda before them there was the final plat with a proposed bond which would have been accepted for all the infrastructure April 11, 2000 25 BOOK 113 PAGE34 i BOOK i13 PAGE") improvements that would have been required to complete the plat. They do not put up a performance bond after preliminary plat approval, only if they want to get final plat approval and sell lots before they have completed all the infrastructure. away. Commissioner Stanbridge estimated that their final plat would be many, many weeks It seemed to Vice Chairman Ginn that the bond ought to come much sooner and Commissioner Stanbridge agreed. Chairman Adams offered an alternative that the bond be extended through the whole site improvement process, and Vice Chairman Ginn agreed. Commissioner Stanbridge commented that the developer gets the land clearing permit and a lot of times that means everything that they want to do they can do because if they make a "mistake", the fine is there. Sometimes the fine acts as a deterrent, but in this case it will not. Vice Chairman Ginn stated that this was a developer from Tampa who only wants to make a profit; she did not want to see Indian River County turned into Tampa. She thought the Board should do whatever it has to do to stop it from happening. Commissioner Macht thought it might be a good idea to ask the County Attorney to draw up a laundry list of things that the Board thinks would make the County whole and restore the area as close as possible to what it was. Vice Chairman Ginn thought they needed to investigate bonding out the preliminary site plan and even the 60 days in jail. She felt it needed to be somewhere in the Code so that people knows if it is violated, there will be a heavy penalty. Mr. Michael thanked the Board and they thanked him for a wonderful job. Chairman Adams felt there was CONSENSUS to direct the Attorney to draw up something to make the County whole as stated by Commissioner Macht above. April 11, 2000 26 Commissioner Tippin recalled that the biggest oak he had ever had moved had a double trunk and both trunks were 40 -inch d.b.h. Two 60 ton cranes were required to lift it and he only moved it 72 feet. It can be done and there are specimens that can be found to replace the ones removed along Jungle Trail. Chairman Adams restated the motion and Vice Chairman Ginn and Commissioner Stanbridge looked to Mr. DeBlois to point out the trees on the photographs. ChiefEnvironmental Planner Roland M. DeBlois usedphotographs to point outwhere and what kinds of trees and plants were located. He advised that the initial plan that was approved stated that non-native species were to be removed by hand. There were stretches of the 30 foot buffer that were native hammock. Commissioner Stanbridge commented that specimen trees were dispersed throughout that whole length. Mr. DeBlois advised that some of the natives were east of the Jungle Trail protection buffer, but nevertheless hammock areas were taken out by the developer. The Chairman CALLED THE QUESTION and the motion carred unanimously. County Attorney O'Brien confirmed that he would be working with staff. Director Keating responded to Vice Chairman Ginn and advised that the original plan involved minor removal ofBrazilianpeppers and re -vegetation and maintaining the oak trees that were discussed. Sometime after approval, he understood that circumstances changed with respect to the developer and he went out and cleared the buffer without getting any approval of a revised plan from staff. There were no revisions received from Masteller and Moler. April 11, 2000 ,,,_ 27 BOOK 113 FACE �G BOOK iiJ PAGE 377 Mr. DeBlois pointed out there was actually a pre -construction field meeting with environmental planning staff to look at the buffer, and the developers was required to stake out the native areas and remove Brazilian peppers by hand. They were clearly advised before the work began. Commissioner Stanbridge added that it has been the norm to ask the developers to go in and hand clear in areas where there are natives or archaeological sites and there have been successes in that area. When it is done properly, itis cost-effective to the developer and the native understory grows back. If he had gone by his plan this time, it would have been very cost effective. Vice Chairman Ginn was very concerned that Jungle Trail has really not been protected, and Commissioner Stanbridge agreed. She felt a 30 foot setback is nothing. There are a lot of piers and docks being put in as well. Commissioner Stanbridge recounted that when development on Jungle Trail was started 30 years ago, 30 feet was all they could get and they were very fortunate to get that much. It was not easy. Jungle Trail has been designated a Florida Greenway and it is a wonderful asset for the county, but it has not been dealt with properly. She has spent a lot of her life protecting that road to get it to this point and she felt the Board needs to make a concerted effort that this be part of our natural land's inventory (which needs to be prepared.). Parks are not the same as natural land and they cannot be mixed or we will have recreational sites on our endangered lands. Commissioner Macht remarked that he was dissatisfied with the location of the County's Land Manager and other aspects of the classification. Chairman Adams interrupted and ruled that this subject was not appropriate at this time, but he could bring it back in the future. Commissioner Macht asked that the matter be put on the agenda for next week under April 11, 2000 28 1* 0 r: his matters. (Subsequently, the Recording Clerk was advised that Commissioner Macht had decided the matter would not be brought before the Board.) U. Appointment of Milt Thomas to the Public Library Advisory Board by Commissioner Kenneth A Macht The Board reviewed a Memorandum of April 4, 2000: To: Board of County Commissioners From: Kimberly Massung, Executive Aide Re: PUBLIC LIBRARY ADVISORY BOARD (PLAB) APPOINTMENT) Date: April 4, 2000 Commissioner Ken Macht's appointment to the Public Library Advisory Board (PLAB) is Mr. Milt Thomas. Attachment ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Tippin, the Board unanimously acknowledged the appointment of Milt Thomas to the Public Library Advisory Board (PLAB) by Commissioner Macht. April 119 2000 BOOK PAGE • F, I BOOK ..c3 FAGE JJ 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2000-012 - REZONING APPROXIMATELY 40 ACRES FROM RS -6 TO RM -6 AS QUESTED BY SUN -UP OF INDIAN RIVER, INC. AND OTHERS - LOCATED ON THE SOUTH SIDE OF 5TH STREET SW NEAR EAST SIDE 27TH AVENUE (QUASI-JUDICIAL 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 DEPARTMENT HEAD CONCURRENCE Robert M' Keating, , ICP -,/Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning S %� FROM: John Wachtel; Senior Planner, Long -Range Planning ) DATE: March 28, 2000 RE: Sun -Up of Indian River, Inc. and Others' Request to Rezone Approximately 40 Acres from RS -6 to RM -6 (RZON 20-01-0135) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 11, 2000. This request is to rezone approximately 40 acres from RS -6, Single -Family Residential District (up to 6 unitsiacre), to RM -6, Multiple -Family Residential District (up to 6 unitstacre). Depicted in Figure 1 below, the subject property is located on the south side of 5'h Street, SW (Rebel Road), just east of 27`L Avenue (Emerson Avenue). The purpose of this request is to secure the zoning necessary to allow Sun -Up of Indian River, Inc. to develop the northern 24 acres of the subject property with a level II or level III group home. That type of use, while not permitted in the RS -6 district, is permitted as a special exception use in the RM -6 district. April 11, 2000 30 Figure 1: Zoning and Location of the Subject Property RS -6 BIM 5th St., S.W. INN T &i.iamw 1-.M mumME if.t ..... . . . . . . lz 2ofSubject., as ME BE In Property W� RM -6 The southern 16 acres of the subject property consist of the northern portion of three parcels that front on 90, Street, SW (Oslo Road). A significant portion of those parcels is already zoned RM -6. For the southern 16 acres of the subject property, then, the purpose of the request is to eliminate the split zoning of the southern three parcels by changing the existing RS -6 zoning of the northern portion of those tracts to RM -6. On March 9, 2000, the Planning and Zoning Commission voted 5 to 0 to recommend that the Board of County Commissioners approve this request to rezone the subject property to RM -6. April 11, 2000 31 E BOOK 113 PAGE 40 F, BOOK PAGE The subject property is zoned RS -6 and primarily consists of scrubby pine flatwoods with 2 or 3 jurisdictional wetlands on-site. Except for several all terrain vehicle trails, the site is undeveloped. To the north, across 5`" Street, SW, the land also consists of scrubby pine flatwoods and is undeveloped Other than the ±655 feet closest to 27'" Avenue, which is zoned RM -6, land along the north side of 5'h Street, SW is zoned RS -6. To the east of the subject property is the RS -6 zoned Hi -Land Acres Subdivision which, except for several narrow dirt paths, is undeveloped and consists of scrubby pine flatwoods. That land is owned by the Indian River County School District and has been designated as the site of a future south county high school. South of the subject property, land along 91" Street, SW is generally vacant and zoned RM -6. The exception is the RMH-6 zoned Holiday Village Mobile Home Park, located at the southeast comer of 9t' Street, SW and 27" Avenue. Also located on the south side of 9`" Street, SW in this area is the site of the recently approved 176 unit apartment complex known as The Woods of Vero. To the west of the subject property, land along 27" Avenue is zoned CL, Limited Commercial District. The east side of 27" Avenue in this area is undeveloped, while the west side contains a mixture of retail businesses and residences. Land adjacent to the northwest part of the subject property, at the southeast corner of 5`" Street, SW and 27`" Avenue, is owned by the Salvation Army and has two zoning districts --CL along 27`" Avenue and RS -6 further east. The Salvation Army is currently nearing completion of a multiple -use complex on that site. That complex will include administration offices, classrooms, an auditorium, a gymnasium, a place of worship, a ball field, and other uses. The subject property and all surrounding properties, except those adjacent to the south 1,920 feet of the subject property's western boundary, are designated L-2, Low -Density Residential -2, on the county future land use map. The L-2 designation permits residential uses with densities up to 6 units/acre. Land adjacent to the south 1920 feet of the subject property's western boundary is within a commercial/industrial node along 27' Avenue, and is designated C/I, Commercial/Industrial, on the county future land use map. The C/I designation permits various commercial and industrial zoning districts. The subject property and adjacent lands consist of both scrubby pine flatwoods and isolated wetlands. Gopher tortoises, a protected species, may exist on the site. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas. The site is within the Urban Service Area of the county. Wastewater service is available to the site from the South Region Wastewater Treatment Plant, while potable water service is available to the site from the South County Reverse Osmosis Plant. April 11, 2000 32 0 The site can be accessed by 5`h Street, SW; 91 Street, SW; and 27'h Avenue. Classified as an urban collector road on the future roadway thoroughfare plan map, the segment of 5" Street, SW that abuts the subject property is a two lane road with approximately 90 feet of public road right-of-way. No improvements to this portion of 51e Street, SW are currently programmed. In this area of the county, 9'b Street, SW is a two lane road with 70 feet of public road right-of-way. Classified as an urban principal arterial road on the future roadway thoroughfare plan map, this segment of 9`h Street, SW is programmed to expand to three lanes by 2001. Classified as an urban collector road on the future roadway thoroughfare plan map, the segment of 27's Avenue between Sm Street, SW and 0 Street, SW is a two lane road with approximately 65 feet of public road right-of-way. Although the comprehensive plan indicates a need for an additional 65 feet of public road right-of-way, no improvements to this portion of 27' Avenue are currently programmed - In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include: • an analysis of the request's impact on public facilities; • an analysis of the request's consistency with the county's comprehensive plan; • an analysis of the request's compatibility with the surrounding area; and • an analysis of the request's potential impact on environmental quality. This site is 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, Drainage and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The Comprehensive Plan and Land Development Regulations (LDRs) also require that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. Policy 3.2 of the Future Land Use Element states that no development shall be approved unless it is consistent with the concurrency management system component of the Capital Improvements Element. For rezoning requests, conditional concurrency review is required. Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning 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 zoning. For residential rezoning requests, the most intense use (according to the County's 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 zoning. The site information used for the concurrency analysis is as follows: April 11, 2000 33 BOOK h3 PACE 421 I • 1. Size of Area to be Rezoned: 2. Existing Zoning District: 3. Proposed Zoning District: 4. Most Intense Use of Subject Property Under Existing Zoning District: 5. Most Intense Use of Subject Property Under Proposed Zoning District: BOOK M PAGE f40 acres RS -6, Single -Family Residential District (up to 6 units/acre) RM -6, Multiple -Family Residential District (up to 6 units/acre) 240 Single -Family Units 240 Single -Family 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 rezoning request is exempt from concurrency review because the requested zoning would not increase the allowed density of the site. Because the most intense use of the property will not increase, changing the property's zoning from RS -6 to RM -6 will not create additional impacts on any concurrency facilities. In this case, a detailed concurrency analysis will be done in conjunction with any new development on site. That concurrency analysis will address facility service levels and demand. Rezoning requests are reviewed for consistency with all policies of the comprehensive plan. Rezonings must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which include agriculture, residential, recreation, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify the 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 decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following objectives and policies. Future Land Use Element Policies 1.11 and 1.12 Future Land Use Element Policy 1.12 states that the L-2, Low -Density Residential -2, land use designation is intended for residential uses with densities up to 6 units/acre. In addition, Future Land Use Element Policy 1.11 states that these residential uses must be located within the urban service area Since the subject property is located within an area designated as L-2 on the county's future land use plan map and is located within the county's urban service area, and the proposed zoning district would allow residential uses no greater than the 6 units/acre permitted by the L-2 designation, the proposed request is consistent with Policies 1.11 and 1.12. April 11, 2000 34 43 0 Future Land Use Element Objective 4 Future Land Use Element Objective 4 states that the county will reduce the number and length of trips on county roads. The site is located near several employment centers along 9`h Street, SW and 27`" Avenue. Many people who work in those employment centers live in moderately -priced, multiple -family housing. The RM -6 zoning district is intended for such uses. Therefore, the proposed rezoning will increase the opportunity for people who work in those areas to live near their jobs, thus reducing the length of their trips to and from work. For this reason, the request implements Future Land Use Element Objective 4. Future Land Use Element Objective 5 and Policy 5.3 This objective and policy indicate that the county shall allow and encourage a variety of housing styles, including multiple -family. By allowing multiple -family development on the subject property, the request implements Future Land Use Element Objective 5 and Policy 5.3. As part of its consistency analysis, staff compared the proposed request to all the applicable objectives and policies in the plan and found no conflicts. Therefore, the request is consistent with the comprehensive plan. .mmpati� with the Surrounding Area The following factors generally indicate that the subject property is appropriate for multiple -family development: • The site is located near a major intersection and accessed from two major roads (27th Avenue and 91h Street, SW); • The site is adjacent to an existing multiple -family zoning district; • The site is adjacent to commercially zoned land; • Adjacent single-family zoned land to the east of the subject property is owned by the Indian River School District and is unlikely to be developed with single-family uses; and • Adjacent single-family zoned land to the northwest of the subject property is owned by the Salvation Army and is also unlikely to be developed with single-family uses. The following factors indicate that potential impacts on surrounding property could be mitigated: One hundred twenty feet of road and canal right-of-way separate single-family zoned land to the north of the subject property from the subject property. Setbacks provide an additional 40 feet of separation between buildings on the site and buildings on surrounding property. County land development regulations require multiple - family developments to provide trees and hedges along thoroughfare plan roads (such as 5`h April 11, 2000 M, BOOK. M PAGE 44 BOOK 7 �..ci PAGE 45 Street, SW; 9' Street, SW; and 27`h Avenue) and vegetative buffers and opaque features where they abut single-family zoning districts. • Multiple -family projects must go through the site planning process. Through that process potential impacts can often be mitigated by site design such as the placement of buildings, parldng areas, open space, stormwater management areas, and landscaping. For these reasons, staff feels the requested zoning district would be compatible with adjacent residential development. Environmental protection regulations for the subject property are the same under both the existing RS -6 and the requested RM -6 zoning districts. In either case, the county's 10115% set aside requirement applies to native upland plant communities on site. The isolated wetlands on the site are protected by federal, state and local regulations. If an environmental survey indicates that listed species live on the site, federal and state regulations apply. For these reasons, no adverse environmental impacts associated with this request are anticipated. Based on the analysis, staff has determined that the requested zoning district is compatible with surrounding areas, is consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable rezoning criteria. Most importantly, the subject property is located in an area deemed suited for multiple -family residential uses. For these reasons, staff supports the request. Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from RS -6 to RM -6 by adopting the attached ordinance. 1. Rezoning Application 2. Summary Page 3. Approved Minutes of the March 9, 2000, Planning and Zoning Commission Meeting 4. Rezoning Ordinance April 11, 2000 36 Community Development Director Robert M. Keating reviewed the memorandum using the graphic (figure 1) to illustrate the location and his remarks. He responded to Vice Chairman Ginn's inquiry concerning the differences between the setbacks for RM -6 versus UM The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Bruce Barkett, attorney for the applicant, advised that the project had been coordinated with staff since its inception and that he and Jerry Swanson were present to respond to any questions. house. Rene' Renzi, 340 Waverly Place, Vero Beach, inquired who the "group home" would Vice Chairman Ginn explained that this request was being made by Sun Up which is a group of emotionally or developmentally challenged adults whose families are working towards establishing a home for them. She felt they were doing a fine job, there was a need, and this should be supported. Commissioner Tippin knew of situations where many of these handicapped adults' parents were aging and the parents wanted to know that their children would be cared for after they were no longer able to care for them personally. It was determined that no one else wished to be heard and the Chairman closed the public hearing. April 11, 2000 37 BOOK 'M PAGE 4 BOOK M PAGE 47 ON MOTION by Commissioner Macht, SECONDED BY Commissioner Tippin, the Board unanimously adopted Ordinance 2000-012 amending the Zoning Ordinance and the accompanying Zoning Map from RS -6, Single -Family Residential District (up to 6 units /acre), to RM -6, Multiple - Family Residential District (up to 6 units/acre), for property located on the south side of 5' Street, SW, approximately 655 feet east of 27' Avenue, and further described therein, ORDINANCE NO. 2000-012 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO RM -6, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 5"` STREET, S.W., APPROXIMATELY 655 FEET EAST OF 27'x' AVENUE, AND DESCRIBED HEREIN, AND PROVIDING FOR 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 for this rezoning request, at which parties in interest and citizens were heard; 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: April 11, 2000 38 ORDINANCE NO. 2000- 012 THE EAST 991.85 FEET OF TRACT 13, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. oo PARCEL 1: THE NORTH 664.79 FEET OF TRACT 12, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THE NORTH 664.79 FEET OF THE WEST 695.24 FEET OF TRACT 12, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS. SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. AND ALSO LESS AND EXCEPT: ALL THAT PART LYING WITHIN THE NORTH 30 FEET OF SAID TRACT 12 BEING THE RIGHT-OF-WAY OF INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB -LATERAL E-7 CANAL. SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Km UD PARCEL 2: TRACT 12, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. April 11, 2000 39 • BOOK 113 FAGE 4 BOOK M PAGE ORDINANCE NO. 2000-012 LESS AND EXCEPTING THE NORTH 664.79 FEET; THE WEST 40 FEET; AND THE SOUTH 35 FEET OF THE EAST 300 FEET OF THE WEST 340 FEET THEREOF. SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Be changed from RS -6, Single -Family Residential District (up to 6 units/acre), to RM -6, Multiple - Family Residential District (up to 6 units/acre). All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 11th day of April, 2000. This ordinance was advertised in the Press -Journal on the 29`h day of March, 2000, for a public hearing to be held on the 11`x' day of April, 2000, at which time it was moved for adoption by Commissioner Ken Macht , seconded by Commissioner John Ti ppi n , and adopted by the following vote: Chairman Fran B. Adams Ave Vice -Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth M. Stanbridge Aye Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY:`z/nz'k_ `6 04�t�_ Fran B. Adams, Chairman ATTEST BY: Jeffrey K. Aailon, Clerk Inow Avw Ca AOaroved Date Admin ere Legal , T. �'��`<�✓ Budget .N �' RISk Mgr. L,i This ordinance was filed with the Department of State on the following date: q-IY aopa April 11, 2000 40 _ 9.A.2. PUBLIC HEARING - ORDINANCE NO. 2000-013 REZONING APPROXIMATELY 0.37 ACRES FROM CG TO RS -6 (COUNTY INITIATED REQUEST) - LOCATED AT NORTHEAST CORNER OF 27TH AVENUE AND 14TH STREET SW - OWNERS: CHRISTOPHER STEPHENS AND KELLY BATTERSEA (QUASI- JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEN EEW FOR REARING IS ON FILE IN TAE OFFICE OF THE CLERK TO TBE BOARD The Board reviewed a Memorandum of March 24, 2000: TO: James E. Chandler; County Administrator D 1NT HEAD CONCURRENCE Obert k Keating, AICP; Pmmunjty Development Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning S �� FROM: John Wachtel; Senior Planner, Long -Range Planning DATE: March 24, 2000 RE: County Initiated Request to Rezone ±0.37 Acres From CG to RS -6 (RZON 2000-03-0212) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 11, 2000. DF.SCRHMON AND CONDITIONS This is a county initiated request to rezone ±0.37 acres from CG, General Commercial District, to RS -6, Single -Family Residential District (up to 6 units/acre). Depicted in Figure 1, the subject property is located at the northeast comer of 27" Avenue and 14'x' Street, SW. On March 9, 2000, the Planning and Zoning Commission voted 5 to 0 to recommend that the Board of County Commissioners approve this request to rezone the subject property to RS -6. Rarkgmund When the county's first comprehensive plan was adopted in 1982, the subject property contained a contractor's business and was allowed to retain its existing legally established commercial zoning district even though the site was given a residential future land use designation. Subsequently, the commercial use of the site was discontinued and a residence was established. April 11, 2000 41 BOOK PAGE i5 Ur BOOK iii PAGE 51 Figure 1: The Location and Zoning of the Subject Property The current owner recently acquired the property and applied for an addition to the existing residential building on the site. Residential uses, except as accessory uses, are non -conforming within the existing CG zoning district. For that reason, the proposed addition to the existing building is to expand a non -conforming use. Because county land development regulations do not allow the expansion of non -conforming uses, staff encouraged the property owner, and he agreed, to allow the county to initiate a rezoning of the site to RS -6. Therefore, there are two purposes for this request. The first purpose is to change the zoning of the site to be consistent with both its existing use and its future land use designation. The second -purpose of this request is to allow the property owner to build an addition to the existing residential building on the site. April 119 2000 42 RM -6 � ra 13th St. SW , woe -- -- ' o� a d =.5 c p k� 0 N -- IX to W d ®� ®� 14th St. , SW -- W y TT— N I 1 1 11 I N I 1 I 1 T r. RS -6 1 N The current owner recently acquired the property and applied for an addition to the existing residential building on the site. Residential uses, except as accessory uses, are non -conforming within the existing CG zoning district. For that reason, the proposed addition to the existing building is to expand a non -conforming use. Because county land development regulations do not allow the expansion of non -conforming uses, staff encouraged the property owner, and he agreed, to allow the county to initiate a rezoning of the site to RS -6. Therefore, there are two purposes for this request. The first purpose is to change the zoning of the site to be consistent with both its existing use and its future land use designation. The second -purpose of this request is to allow the property owner to build an addition to the existing residential building on the site. April 119 2000 42 The CG zoned subject property and land to the north, south, and east are part of the Oslo Park Subdivision. Except for the subject site and a small area along 9`s Street, SW (Oslo Road) east of 2e Avenue, all lots in Oslo Park are zoned RS -6. Approximately half of the lots in the Oslo Park Subdivision have been built on. A legally established non -conforming outdoor storage area exists on the lot directly south of the subject property. To the west of the subject property, across 27" Avenue, land is zoned RS -3, Single -Family Residential District (up to 3 units/acre) and consists of vacant wooded land. Future Land Use Pattern The subject property and all surrounding properties are designated L-2, Low -Density Residential -2 on the future land use map. The L-2 designation permits residential uses with densities of up to 6 units/acre. Environment The subject property, a developed site, is not designated as environmentally important nor environmentally sensitive by the comprehensive plan. No wetlands or native upland plant communities exist on the site. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas. The site is within the Urban Service Area of the county. Water lines extend to the site from the South County Reverse Osmosis Plant. Wastewater lines extend along 27's Avenue from the South County Wastewater Treatment Plant to 13'x' Street, SW approximately one-eighth of a mile from the site. The site is bounded by three roads -27h Avenue; 26`h Court, SW; and 10 Street, SW. Classified as an urban collector road on the future roadway thoroughfare plan map, the segment of 27'' Avenue that abuts the subject property is a two lane road with approximately 80 feet of public road right-of- way. Although the comprehensive plan indicates a need for an additional 50 feet of public road right-of-way, no improvements to this portion of 27`h Avenue are currently programmed. Twenty-sixth Court, SW and 14`h Street, SW are two lane local roads with 70 feet of public road right-of-way. In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of: • concurrency of public facilities; • compatibility with the surrounding area; • consistency with the comprehensive plan; and • potential impact on environmental quality. April 11, 2000 43 BOOIfPAGE 0 BOOK JJJ FAGE This site is 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, Drainage, and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The comprehensive plan also requires that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. Policy 3.2 of the Future Land Use Element states that no development shall be approved unless it is consistent with the concurrency management system component of the Capital Improvements Element. For rezoning requests, conditional concurrency review is required Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning 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 zoning district. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 2. Land Use Designation: 3. Existing Zoning District: 4. Proposed Zoning District: *037 acres L-2, Low -Density Residential -2 (up to 6 units/acre) CG, General Commercial RS -6, Single -Family Residential 5. Most Intense Use Under Existing Zoning District: *3,700 sq. ft. of Retail Commercial (Shopping Center in the 6t° Edition ITE Manual). 6. Most Intense Use Under Proposed Zoning District: 2 single-family units As per section 910.07(2) of the Concurrency Management Chapter of the County's Land Development Regulations, projects which do not increase density or intensity of use are exempt from concurrency requirements. This rezoning request is exempt from concurrency review because the requested zoning would not increase the use intensity of the site. In this case, a detailed concurrency analysis will be done in conjunction with any new development or changes of use on site. That concurrency analysis will address facility service levels and demand Staff feels that the proposed rezoning will increase the compatibility of development on the subject property with nearby uses. Surrounded by land zoned for single-family residential uses, the current commercial zoning of the site is essentially a "spot" zoning that would allow a wide range of retail commercial uses within a single-family subdivision. In addition, the relatively small size of the site would make buffering difficult. The proposed rezoning, however, would ensure that only single- family residential development could occur on the site. For these reasons, development of the subject property under the requested RS -6 district would be compatible with surrounding areas. April 11, 2000 K 0 0- 0 Rezoning requests are reviewed for consistency with all policies of the comprehensive plan. Rezonings must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map; those uses include agriculture, residential, recreation, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the 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 decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1.3, 1.4, 1.11 and 1.12. Future Land Use Element Policy 1.3 Future Land Use Element Policy 1.3 states that the county shall. maintain its zoning districts to ensure the implementation of the comprehensive plan. The subject request would change the zoning of the subject property from a district that does not implement the comprehensive plan to a district that does implement the comprehensive plan. For that reason, the subject request implements Future Land Use Element Policy 1.3. Future Land Use Element Policy 1.4 Future Land Use Element Policy 1.4 states that county land development regulations shall ensure that adjacent land uses are compatible. As discussed above, the request works to increase compatibility between the subject property and surrounding property by eliminating a commercially zoned lot located in the middle of a single-family subdivision. For that reason, the subject request implements Future Land Use Element Policy 1.4. Future Land Use Element Policies 1.11 and 1.12 Future Land Use Element Policy 1.11 states that the L-2, Low -Density Residential -2, land use designation is intended for residential uses with densities up to 6 units/acre. In addition, that policy states that those residential uses must be located within an existing or future urban service area. Future Land Use Element Policy 1.12 specifically allows both single- and multiple -family residential development with densities up to 6 units/acre within the L-2 land use category. Because the subject property is located within an area designated as L-2 on the county's future land use plan trap and is located within the county's urban service area, and the proposed zoning district would permit residential uses no denser than 6 units/acre, the proposed request is consistent with Future Land Use Element Policies 1.11 and 1.12. While Future Land Use Element Policies 1.3, 1.4, 1.11, and 1.12 are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the comprehensive plan. April 11, 2000 45 6UUK ..Ii PAGE i) BOOK h3 PAGE 55 Environmental protection regulations are the same for both the CG and the RS -6 zoning districts. Because the subject property is not environmentally significant nor environmentally important, development of the site will not impact significant natural resources. The requested zoning increases compatibility with the surrounding area, and is consistent with the goals, objectives, and policies of the comprehensive plan. Rezoning the site, as requested, will have no negative impacts on environmental quality or the provision of public facilities and services. The subject property is located in an area deemed suitable for residential development. The request meets all applicable criteria. For those reasons, staff supports the request. Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from CG to RS -6 by adopting the attached ordinance. 1. Rezoning Application 2. Summary Page 3. Approved Minutes of the March 9, 2000, Planning and Zoning Commission Meeting 4. Rezoning Ordinance Community Development Director Robert M. Keating reviewed the memorandum using a graphic to depict the location and enhance his remarks. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Stanbridge, SECONDED BY Vice Chairman Grin, the Board 'Imanimously adopted Ordinance No. 2000-013 amending the Zoning Ordinance and the accompanying Zoning Map from CG, General Commercial District, to RS -6, Single -Family Residential District (up to 6 units/acre), for property located at the northeast comer of 27`ti Avenue and 14`h Street, S.W., and further described therein. Apri111, 2000 46 • ORDINANCE NO. 2000- 013 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG, GENERAL COMMERCIAL DISTRICT, TO RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 27TH AVENUE AND 14TH STREET, S.W., AND DESCRIBED HEREIN, AND PROVIDING FOR 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 for this rezoning request, at which parties in interest and citizens were heard; 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: Lots 11 and 12, Block A, Oslo Park, Unit 7, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Indian River County, Florida, recorded in Plat Book 4, Page 28, said lands situate, lying and being in Indian River County, Florida. Be changed from CG, General Commercial District, to RS -6, Single -Family Residential District (up to 6 unitstacre). All with the meaning and intent and as set forth and described in said Land Development Regulations. April 11, 2000 47 BOOK X13 PAGE jo J BOOK i 1j f'AGE ORDINANCE NO. 2000-013 This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 11`x' day of April, 2000. This ordinance was advertised in the Press-Joumal on the 29' day of March, 2000, for a public hearing to be held on the I I" day of April, 2000, at which time it was moved for adoption by Commissioner Ruth Stanbridge , seconded by Commissioner Caroline Ginn , and adopted by the following vote: Chairman Fran B. Adams Ave Vice -Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth M. Stanbridge Aye Commissioner John W. Tippin Ave BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY:Cc,'K Fran B. Adams, Chairman ATTEST BY: ey K B Cl k �, � ti y K. a7 This ordinance was filed with the Department of State on the following date: i�1- ee) u\v\j\rc\stephens\rzonord.wpd April 11, 2000 into kvw Ca Aparoved Date Admin 3 Q- Legal / Ji��•.! Budget (' Deal Risk Mgr. Ie + �+ 48 D7 9.C. PUBLIC NOTICE ITEM - SEBASTIAN WATER EXPANSION PHASES(S) II -D & II -E - SCHEDULED FOR MAY 2. 2000 PUBLIC HEARING The Board reviewed a Memorandum of April 4, 2000. The Chairman read the information into the record. DATE: APRIL 4, 2000 TO: MARGARET GUNTER EXECUTIVE SECRETARY/ASSISTANT THRU: DONALD R. HUBBS, P.E. DIRECTOR OF UTILITY FROM: JAMES D. CHASTA MANAGER OFA MENT PROJECTS SUBJ: PUBLIC NOTICE ITEM FOR BCC 5/2/00 PUBLIC HEARING The following item is scheduled for public heating on May 2, 2000: Sebastian Water Expansion Phase(s) II -D & II -E Indian River County Project No's UW -97 -13 -DS & UW -97 -14 -DS Resolution III 11.C.1. REQUEST FOR QUALIFICATIONS (RFQ) FORADDITION AND MODIFICATION TO SHERIFF'S EVIDENCE STORAGE SPACE The Board reviewed a Memorandum of April 5, 2000: Date: April 5, 2000 To: Honorable Board of County Commissioners Through: James E Chandler, County Administrator From: Thomas W. Frame, Director, Department of General Servicesi J tci• Subject: Request for Qualifications (RFQ's) for Addition and Modification to Sheriff's Evidence Storage Space April 11, 2000 CS7 BOOK PAGE BUOK Ji iJ F'AuE 53 BACKGROUND: On March 9, 2000, the Purchasing Division mailed solicitations to forty six architectural firm requesting their interest and qualification for improvements and expansion to the Sheriff's evidence storage space, a project budgeted at $250,000. Advertisements were also made in the newspaper on March 9th and March 16th. The deadline for submittals was March 29, 2000. Only one response was received from a firm, Dow Howell Gilmore Associates, Inc. In order to have some degree of competitive negotiations, it is desirable to have more than one and hopefully three respondents. I am of the opinion that the County should reject the response by Dow Howell Gilmore and Associates regretfully since it is the only response and re -solicit RFQ's hopefully to gain additional responders. RECOMMENDATION: Refect the current response and authorize staff to re -advertise the request for qualifications. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously rejected the sole bid and authorized staff to re -advertise the request for qualifications, as recommended in the memorandum. 11.C.2. EXCHANGE CLUB'S REQUEST TO USE COURTHOUSE PARING GARAGE FOR MUSIC FESTIVAL The Board reviewed a Memorandum of March 29, 2000: Date: March 29, 2000 To: Honorable Board of County Commissioners Through: James E Chandler, County Administrator From: Thomas W. Frame, Director, Department of General Services /Yw-< (IJ • (JA` Subject: Exchange Club Request to Use Parking Garage for Music Festival BACKGROUND: Last November, the Exchange Club of Indian River held a jazz festival on top of the parking garage across from the courthouse. They complied with all safety requests, cleanup and indemnification requests of the County. They are requesting again to use the facility, including sale of alcoholic beverages, on November 4, 2000, from 3:00 P.M. to 10:00 P.M. The only difference for this coming use is a different orientation for stage, placing the food vendors on the west side and having artists on the ramp between second level and the top floor. Apri111, 2000 50 I sent out an inquiry to Emergency Services, Risk Management, Building and Grounds and Community Development. Both Risk Management and Building And Grounds responded verbally that there were not problems and Emergency Services sent a written response (attached). As noted, Emergency Services has no objections subject to Fire Prevention staff being able to approve all gas or fuel related cooking devices on site. Further, Fire Prevention would also enforce the fine code for the total event at the parking garage. The recommendations from the Commumty Development (Building and Fire Prevention) remau► the same as last year. RECOMMENDATION: Approve the use of the facility as requested subject to compliance with all Building and Fire Codes of Indian River County. Additionally, the Exchange Club will appropriately secure all openings and the roof parapet walls as they did last year to preclude someone from falling off the structure. Finally, the Exchange Club shall provide the same type of indemnification as was provide previously, $1,000,000 minimum general liability and $1,000,000 liquor liability insurance. MOTION WAS MADE by Commissioner Stanbridge, SECONDED BY Commissioner Macht, to approve staff's recommendation. Under discussion, Vice Chairman Ginn inquired if there had been any complaints about last year's event. General Services Director Thomas W. Frame responded that there were no complaints other than a small amount of trash in one of the stairwells. The Chairman CALLED THE QUESTION and the motion carried unanimously. (Approved the use of the Courthouse Parking Garage as requested subject to compliance with all Building and Fire Codes of lndian River County. The Exchange Club will appropriately secure all openings and the roof parapet walls as they did last year to preclude someone from falling off the structure. The Exchange Club shall provide the same type of indemnification as was provided previously, i.e. $1,000,000 minimum general liability and $1,000,000 liquor liability insurance.) April 11, 2000 51 BOOK PAGE 0U BOOK 113 PAGE Gi 11.G.1. RESOLUTIONNO.2000-042-LOCALAGENCYPROGRAM AGREEMENT - FLORIDA DEPARTMENT OF TRANSPORTATION - GIFFORD BIKEPATH WS 1 BETWEEN 37TH AND 45TH.STREETS) The Board reviewed a Memorandum of March 30, 2000: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director Christopher J. Kafer, Jr., P.E. County Engineer FROM: Robert S. Skok, Qss_ Civil Engineer SUBJECT: Local Agency Agreement for the Gifford Bikepath DATE: March 30, 2000 Staff is following guidelines for the Comprehensive Bike and Sidewalk Plan in which constructing an eight foot (81) wide concrete bikepath along US 1 from 37th Street north to 45`h Street is planned. This project would connect bicycle and pedestrian access from the Gifford Community to the Medical District and Downtown Vero Beach Business District Indian River County has adopted a Comprehensive Bikeway and Sidewalk Plan, which identifies roadways where bicycle and sidewalk facilities should be provided within the County. The Gifford Bikepath is on the list of priority projects in the Comprehensive Plan. In 1997, this project was submitted to the Florida Department of Transportation (FDOT) along with seven others. After FDOT District IV staff review, all projects were found to be eligible for enhancement funding. The FDOT has set up a Local Agency Project (LAP) Agreement in which the Agency (Indian River County) agrees to design and construct an FDOT approved project, and the FDOT agrees to reimburse the Agency after its completion. April 11, 2000 52 0 0 RECOM102MATIONS AND FUNDING Staff recommends the Board approve the attached LAP Agreement and authorize the Chairman to execute the same for construction of the Gifford Bikepath listed in the Comprehensive Plan. A 1. Resolution 2. LAP Agreement 3. Map of Project Area ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-042 authorizing the execution of a local agency agreement for the Gifford BikepathlSidewalk, along US 1 between 37th Street and 45th Street, with the State of Florida Department of Transportation. RESOLUTION NO. 2000-042 A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A LOCAL AGENCYAGREEMENT FOR THE GIFFORD BIKEPATH/SIDEWALK, ALONG US 1 BETWEEN 37TH STREET AND 45TH STREET, WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Transportation and Indian River County desire to facilitate the constriction of the Gifford Bike Path/Sidewalk; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Local Agency Agreement for the aforementioned project; NOW, THERE FORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Local Agency Agreement for the aformentioned project. The foregoing resolution was offered by Commissioners, Caroline Ginn who moved its adoption. The motion was seconded by Commissioner Ruth Stanbridge and, upon being put to a vote, the vote was as follows: April 119 2000 53 BOOK 113 PAGE 6 ..� BOOK �j f -AGE �� Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Ken R. Macht Aye Commissioner Ruth M. Stanbridge Aye The Chairman thereupon declared the resolution passed and adopted this 11 th day of Anri 1 , 2000. Attest: Jef#ey K. Barton, Cl k BOARD OF COUNTY CON IISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman Q- . Indian River County Approved Date Administration q) Budget Legal ,d Risk Management —� Department Division -AFDOCUNMNTS IS ON FILE IN THE OFFICE OF TBE CLERK TO TBE BOARD 11.G.2. RESOLUTIONNO.2000-043-LOCALAGENCYPROGRAM AGREEMENT FOR THE OLD WINTER BEACH ROAD BIKEPATH ALONG JUNGLE TRAIL TO AlA The Board reviewed a Memorandum of April 3, 2000: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Directo� Christopher J. Kafer, Jr., P.E , County Engineer FROM: Robert S. Skok, Civil Engineer April 11, 2000 54 SUBJECT: Local Agency Agreement for the Old Winter Beach Road Bikepath DATE: April 10, 2000 DESCRIPTION AND CONDITIONS Staff is following guidelines for the Comprehensive Bike and Sidewalk Plan in which constructing an eight -foot (81) wide concrete bikepath along Old Winter Beach Road between Jungle Trail and SR AlA is planned. This project would connect bicycle and pedestrian access from AIA Corridor to the Scenic Jungle Trail. ALTERNATIVES AND ANALYSIS Indian River County has adopted a Comprehensive Bikeway and Sidewalk Plan, which identifies roadways where bicycle and sidewalk facilities should be provided within the County. The Old Winter Beach Road Bikepath is on the list of priority projects in the Comprehensive Plan. In 1997, this project was submitted to the Florida Department of Transportation (FDOT) along with seven others. After FDOT District IV staff review, all projects were found to be eligible for enhancement funding. The FDOT has set up a Local Agency Project (LAP) Agreement in which the Agency (Indian River County) agrees to design and construct an FDOT approved project, and the FDOT agrees to reimburse the Agency after its completion. Staff recommends the Board approve the attached LAP Agreement and authorize the Chairman to execute the same for construction of the Old Winter Beach Road Bikepath listed in the Comprehensive Plan. 1. Resolution 2. LAP Agreement 3. Map of Project Area April 11, 2000 55 BOOK h3 PAGE BOOK J13 PAGE ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Macht, the Board iinanimously adopted Resolution No. 2000-043 authorizing execution of a local agency agreement for the Old Winter Beach Road Bikepath/Sidewalk between Jungle Trail and SR AlA with the State of Florida Department of Transportation. RESOLUTION NO. 2000-043 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR THE OLD WINTER BEACH ROAD BIKE PATH/SIDEWALK, BETWEEN JUNGLE TRAILAND SR AIA, WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Transportation and Indian River County desire to facilitate the construction of the Old Winter Beach Road Bike Path/Sidewalk; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Local Agency Agreement for the aforementioned project; NOW, THERE FORE, BE TT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver' to the State of Florida, Department of Transportation, a Local Agency Agreement for the aformentioned project. The foregoing resolution was offered by Commissioners, Caroline Ginn who moved its adoption. The motion was seconded by Commissioner Kenneth Macht 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 Kenn R. Macht Aye Commissioner Ruth M. Stanbridge Aye April 11, 2000 56 Ll The Chairman thereupon declared the resolution passed and adopted this 11 th day of April ,2000 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By\`T 0--A 6 (ice FRAN B. ADAMS, CHAIRMAN •(� Indian River County Approves Attest- ` Administration W JEFF Y K. BARTON, CL Budget I Risk Management I _ I' — I SAF DOCUMENTS IS ON FILE IN THE OFFICE OF TAE CLERK TO TAE BOARD 11.G.3. DEVELOPER'S AGREEMENT FOR PAVING 1320' OF 5TH STREET SW WEST OF 43RD AVENUE - THE ARBOR TRACE DEVELOPMENT, INC. A PLANNED DEVELOPMENT The Board reviewed a Memorandum of April 5, 2000: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director 1 SUBJECT: Developer's Agreement for Paving 1320' of 5t° Street SW West of 43rd Avenue - Arbor Trace Planned Development DATE: April 5, 2000 The developer's of Arbor Trace Planned Development, located along the west side of 43rd Avenue between Oslo Road (9th Street SW and 5th Street SW), are required to construct a portion of 5tb Street SW or pay their fair share for said construction along their April 11, 2000 57 BOOK ii'd PAGE 66 BOOK iiJ [AGUE 67 approximately 1320 L.F. of frontage. To provide for this construction, the attached developer's agreement has been prepared. The contractor is to fund SOC of all costs, with the County funding the remaining 50% cost. This Agreement is similar to previous developer's agreements along County Collector Roadways. The estimated cost of the paving and drainage improvements is $75,000, plus estimated right of way costs of $50,000. The estimated cost to both County and developer each is $62,500. The Alternatives presented are: Alternative No. 1 Approve the Developer's Agreement. Alternative No. 2 Deny Approval RECOMMMATIONS AND FLJNDINC3 Staff recommends Alternative No. 1 whereby the Developer's Agreement is approved. Funding to be from Local option Sales Tax Account #315-214-541. ZEM 1. Developer's Agreement MOTION WAS MADE by Commissioner Stanbridge, SECONDED by Vice Chairman Grin, to approve staff's recommendation. (Alternative No. 1) Public Works Director James W. Davis advised that there were a few minor changes made to the Developer's Agreement. MOTION AND SECOND WERE WIT DRAWN. April 11, 2000 58 • In response to Vice Chairman Ginn's inquiry, Director Davis explained that the turn lane is not required at this time. Perhaps it will be needed in Phase H and, if so, the Developer will be required at that time to construct the turn lane. ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Ginn, Board unanimously approved the revised Developer's Agreement with The Arbor Trace Development, Inc. DEVELOPMENT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ILGA RIGHT-OF-WAY ACQUISITION - 51H STREET SW BETWEEN 43RD AND 58TH AVENUES - STREET PAVING IMPROVEMENTS - BERNITA JOHNSTON-HARKINS The Board reviewed a Memorandum of March 29, 2000: TO: James Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director AND Christopher J. Kafer, Jr., P.E., County Engine FROM: Ronald L. Callahan, SRA, Right -of --Way Agen 'R L L. SUBJECT: Right -of -Way Acquisition 5'h Street SW between 43rd and 58th Avenues Street Paving Improvements Bernita Johnston -Harkins DATE: March 29, 2000 DESCRIPTION AND CONDITIONS An additional 60 feet (60') of right-of-way is needed along the north side of 5'h Street SW between 43' and 58' Avenues to accommodate a road improvement (paving) project. The owner April 11, 2000 M BOOK 113 PAGE C; J13 '9 1 BOOK J13 FAGE O has executed a contract at a negotiated price of $18,000 per acre for this RS -3 zoned land. This price per acre 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 $8,118.00 based upon a total of 0.451acres. There are no appraisal or attorneys fees. There are other terms in the contract. Additional Terms Indian River County, through negotiation, has agreed to the following: A) To compensate the property owner for 39 citrus trees @ $65.00 each = $2,535.00 Total Contract Price Contract Price for the land = $ 8,118,00 Additional Compensation = $ 2.535.00 Total Contract Price $10,653.00 Explanation of Counteroffer. The property owner (seller) did not mark through the County's offer under line item No. 15, Purchase Price. Rather, she marked through line item No. 26, Balance to close, with her counteroffer and attached an addendum to the contract, which she signed. In this case, the seller's intentions were clear that her counteroffer was to be $10,653.00. ALTERNATIVES AND ANALYSIS None. RECOMMENDATIONS Staff recommends that the Board of County Commissioners approve the $10,653.00 purchase, and authorize the Chairman to execute the contract. Funding will be from Account #315-214-541-066.12. ATTACHME1_1'I'S 1. Contractladdendum 2. Legal Description ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the Contract for Sale and Purchase with Bernita Johnston -Harkins in the amount of $10,653.00 and authorized the Chairman to execute same, as recommended in the Memorandum. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF TAE CLERK TO THE BOARD April ll, 2000 0 - 0 • 11.G.5. RIGHT-OF-WAY ACQUISITION - 74TH AVENUE IMPROVEMENTS - EDWARD A. & CHERYL E. TILLIS - COUNTY PROJECT NO. 9803 The Board reviewed a Memorandum of March 28, 2000: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E Public Works Directa Christopher Kafer, P County Engineer FROM: William M. Napier, SRPA, SRA `U/1"V/' Right -of -Way Agent SUBJECT: Right -of -Way Acquisition/County Project No. 9803 74 Avenue Improvements Edward A. & Cheryl E. Tillis DATE: March 28, 2000 DESCRIPTION AND CONDITIONS An additional thirty feet (30') of right-of-way is needed along the west side of 74'" Avenue in conjunction with the 741" Avenue Improvements Project. The owners have executed a contract at a negotiated purchase price of $1.00 per square foot for the A-1 zoned (M-1 Land Use designation) land. This price per square foot is comparable to other similar parcels the County has purchased based upon appraisals or evaluations. The Contract Price is $12,421.00 which includes $9,981.00 for land based upon a total area of 9,981 square feet, and additional compensation of $2,440 for trees and plants, a well, and fencing within the proposed right-of-way. There are no appraisal or attorney fees. RECOMMENDATIONS AND FUNDING Staff recommends the Board of County Commissioners approve the $12,421.00 purchase, and authorize the Chairman to execute the contract. Funding will be from Account #315-214-541-066.12. 1) Contract 2) Legal Description 3) Attachments April 11, 2000 61 • BOOK 113 PAGE 70" BOOK x..13 PAGE d .L. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the Contract for Sale and Purchase with Edward A. Tillis and Cheryl E. Tillis, his wife, in the amount of $12,421.00 and authorized the Chairman to execute same, as recommended in the Memorandum. COPY OF CONTRACT IS ON FILE IN TIS OFFICE OF THE CLERK TO TBE BOARD 11.H.1. NORTH BEACH RO. PLANT CONVERSION - FINAL CHANGE ORDER, RELEASE OF RETAINAGE AND FINAL PAYMENT - ADDITIONAL ENGINEERING AMENDMENT - CAMP DRESSER & MCREE, INC. - TLC DIVERSIFIED, INC. The Board reviewed a Memorandum of April 3, 2000: DATE: APRIL 3, 2000 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: DONALD R HUBBS, P.E. DIRECTOR OF UTILITY PREPARED AND STEVEN J. DOYLE, P.E. STAFFED BY: CAPITAL PROJECTS MANAGER SUBJECT: NORTH BEACH R.O. PLANT CO ION FINAL CHANGE ORDER, RELEASE OF RETAINAGE & FINAL PAYMENT AND ADDITIONAL ENGINEERING AMENDMENT Prior to the construction of the North County Water Treatment Plant (WTP), Indian River County operated two water treatment plants (South County and North Beach WTPs). The emergence of the Sebastian water system and expansion in other area of the County led County staff to investigate construction of the North County WTP. The North Beach WTP was small with a limited service area and costly to operate. The Master Plan Update recommended construction of the North County WTP and Conversion of the North Beach Facility to a booster April 11, 2000 62 0 0 • pump station. In June 1997, the County contracted with Camp Dresser & McKee Inc. (CDM) to assist the County in salvage and sale of treatment process equipment and design, permitting and construction services for the conversion. The County and CDM successfully negotiated with the City of Palm Bay for the sale of the treatment process equipment and obtained bids for the conversion in December 1998. TLC Diversified, Inc. was awarded the project in January 1999. Contractual completion dates were October 29, 1999 for substantial completion and November 28, 1999 for final completion. ANALYSIS The Contractor has completed contractual work in a timely manner. County Staff identified additional work with extension days required for project completion. Change Order No. 1(attached) provides for an extension of the project substantial and final completion dates to December 11, 1999 and January 31, 2000, respectively. Additionally, Amendment No. 2 to CDM's work authorization is included to cover the additional general and resident construction services related to the time extension ($16,145). A breakdown of the contract is as follows: Description Cost / Savings Amount Original Contract Amount --- $1,507,900.00 Change Order (C.O.) No. 1 - Final Reconciliation Adjusted Contract Amount Savings -$85.853.00 $1,422,047.00 Work Completed by Contractor $1,422,047.00 Total Payments to Contractor thin Jan, 2000 $1,332,974.70 Revised Contr= Price with all Approved COs Amount $89,072.30 County Staff, CDM Inc. (Engineer -of -Record) and TLC Diversified Inc (Contractor) worked to reduce costs where possible. Overall the project was $69,708.00 (4.6 percent) under budget including Final Change Order No. 1 and the additional engineering costs associated with time extensions. CONCLUSION It is Stafi°s recommendation that the Board of County Commissioners Vprove the following items as outlined above and authorize final payment including release of all retainage held in the amount of $89,072.30 to TLC Diversified Inc. and authorize Amendment No. 2 for additional engineering services in the amount of $16,145. LIST OF EXHIBITS: Exhibit A. Change Order No. 1 -dated December 14, 1999 Exhibit B. TLC Diversified Inc.- Application for Final Payment dated January 31, 2000 Exhibit C. List of Items Requiring Completion. — Memo dated Feb. 18, 2000 from CDM Inc. Exhibit D. Camp Dresser & McKee Inc. — Additional Services Amendment No. 2 - Jan. 31, 2000 April 11, 2000 BOOK 43 PACE 7 I BOOK 113 PAGE E ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Tippin, the Board unanimously approved all of the documents as set out in the memorandum and authorized final payment including release of all retainage held in the amount of $89,072.30 to TLC Diversified, Inc. and authorized Amendment No. 2 for additional engineering services by CDM, Inc., in the amount of $16,145, as recommended in the memorandum. COPY OF DOCUMENTS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.2. AUTHORIZATION TO RELEASE FINAL PAYMENT INCLUDING ALL RETAINAGE HELD FOR THE 98TH AVENUE MASTER PLAN WATER AND MASTER PLAN SEWER PROJECT PURSUANT TO THE DEVELOPER'S AGREEMENT WITH ALFRED SCOPINICH (MAD The Board reviewed a Memorandum of April 4, 2000: DATE: APRIL 4, 2000 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: DONALD R. HUBBS, P. DIRECTOR OF U`111ITY SE E PREPARED STEVEN J. DOYLE, P.E., CAPITAL PROJECTS MANAGER AND STAFFED JEREMIAH K. JOHNSON, E.I., ENVIRONMENTAL ENGINE BY: DEPARTMENT OF U`MXI'Y SERVICES SUBJECT: REQUEST FOR AUTHORIZATION TO RELEASE FINAL PAYMENT INCLUDING ALL RETAINAGE HELD FOR: THE 98" AVENUE MASTER PLAN WATER AND MASTER PLAN SEWER PROJECT PURSUANT TO THE DEVELOPER'S AGREEMENT BACKGROUND & ANALYSIS A developer s agreement between Mr. Alfred Scopinich, who owns a commensal business locked on 98* Avenue (west of I-95 and south of SR -60), and the County was presented to and approved by the Board of April 11, 2000 _I Countv Commissioners on November 2, 1999 (Exhibit -A) for the installation of a 12 -inch Mauer Plan Water Main and an &inch Master Plan Force Main along the 9e Avenue extending from SR -60 to the Developer s property. The agteemesit (Exhibit -A) proposed a cost sharing for the installation of water & wastewater utilities as follows: Description I Amount Developers Share (based on line extension charges) $12.240.06 County s Share $167559.94 Total E%tmated Project Cost $179,800.00 At this time, Mr. Scopinich has completed construction of the proposed water and sewer mains. The Utility Department has relinquished payment for portions of the completed work and has received acceptance from the Florida Dept. of Environmental Protection (FDEP) along with the required Record Drawings. Mr. Scopinich is requesting final payment including the release of all retainage held (Exhibit - B). WIP Account No.: 4724)00-169-480.00 RECOMMENDED ACTION The staff of the Department of Utility Services recommends that the Board of County Commissioners authorizes the attached Release of Retainage for satisfactory completion of construction services in the amount of 16109.34 and authorize the Chairman to execute same, as presented. LIST OF EXHIBITS: Exhibit A. Copy of Board of County Commission approved Developer Agreement Exhibit B. Request for Release of Retainage as presented by Developer dated March 20, 2000 ON MOTION by Commissioner Stanbridge, SECONDED BY Vice Chairman Grin, the Board unanimously approved the Release of Retainage to Alfred Scopinich for satisfactory completion of construction services in the amount of $16,109.34 and authorized the Chairman to execute same, as recommended in the memorandum. April 11, 2000 65 BOOK I13 F'AGE Description Amount a) Origmal Estimated Project Cost $179.800.00 b.) Actual Project Cost (100.6 completion) $170.406.00 c). Paid to Date $142.056.60 d). Balance Remaining including retainage held (lure b. mimes line a) $28.349.40 e.) Less Developer's Share (line extension charged 512.240.06 Final Payment Due Developer $16.109.34 WIP Account No.: 4724)00-169-480.00 RECOMMENDED ACTION The staff of the Department of Utility Services recommends that the Board of County Commissioners authorizes the attached Release of Retainage for satisfactory completion of construction services in the amount of 16109.34 and authorize the Chairman to execute same, as presented. LIST OF EXHIBITS: Exhibit A. Copy of Board of County Commission approved Developer Agreement Exhibit B. Request for Release of Retainage as presented by Developer dated March 20, 2000 ON MOTION by Commissioner Stanbridge, SECONDED BY Vice Chairman Grin, the Board unanimously approved the Release of Retainage to Alfred Scopinich for satisfactory completion of construction services in the amount of $16,109.34 and authorized the Chairman to execute same, as recommended in the memorandum. April 11, 2000 65 BOOK I13 F'AGE _I BOOK ii- PAGE 15 COPY OF DOCUMENTS IS ON FILE IN TBE OFFICE OF TBE CLERK TO TBE BOARD 12. PARTIAL RELEASE OF UTILITY EASEMENTS LOCATED WITHIN SEBASTIAN HIGHLANDS UNITS 11, 16, AND 17 The Board reviewed a Memorandum of April 7, 2000: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Acting County Attorney DATE: DATE: April 7, 2000 SUBJECT: Partial Release of Easements The City of Sebastian, Florida has assigned to the County all of its right, title and interest in and to certain platted utility easements located within Sebastian Highlands, a subdivision, as set forth in the document titled "Assignment of Platt and Other Easements," dated September 29, 1995, and recorded in the Official Record Book 1074, Page 140 of the Public Records of Indian River County, Florida. Circumstances have now changed wherein certain of those platted utility easements are no longer needed by the County, because portions of those plats where said utility easements are shown are being replatted into acreage and sold to the St. John's River Management District for water management purposes. A closing of April 13, 2000 is scheduled and this partial release is necessary so that the seller can give clear title to St John's. It Is recommended that the Chairman be authorized to execute the attached partial release on behalf of the Board of County Commissioners. TPO/sw April 11, 2000 In response to Vice Chairman Ginn's question, Utility Services Director Donald R Hubbs stated that he understood the easements were needed for a major stormwater project in which case the County would not need these utility easements because there would be no customers living there. ON MOTION by Commissioner Stanbridge, SECONDED BY Vice Chairman Ginn, the Board unanimously authorized the Chairman to execute the partial release of easements, as recommended in the memorandum. COPY OF PARTIAL RELEASE OF EASEMENTS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD B.C.1. COMMISSIONER MRCHT - BRIEF OVERVIEW OF CENTRAL FLORIDA REGIONAL ECONOMIC SUMMIT 2000 HELD MARCH 29, 2000 Commissioner Macht advised that he had attended the Central Florida Regional Economic Summit 2000 on March 29, 2000, and he had brought back an interactive CD, a publication and a long video, all of which he will circulate to the Commissioners. He believed it was important to note that Indian River County had been included in this summit and felt it important to maintain the relationship. He explained that there are many things that impinge on what goes on in our county, such as the port at Canaveral which has opened China to our citrus exports. The Airport Authority in Orange County is one of our windows on the world and Melbourne Airport seems to have a resurgence of opportunities for additional flights and better service. He further mentioned that Volusia County has agreed to host the next meeting of the seven -county consortium. April 11, 2000 67 BOOK 11" PAGE 1 F, BOOK M PAGE 77 13.C.2. COMMISSIONER MRCHT - CULTURAL ELEMENT FOR COMPREHENSIVE PLAN Commissioner Macht asked for the Board's concurrence to direct staff to work on a Cultural Element for inclusion in the Comprehensive Plan which the late Commissioner Carolyn Eggert had moved toward a few years ago. Specifics are needed by staff. Community Development Director Robert M. Keating stated that several years ago Commissioner Eggert had indicated that she wanted staff to address cultural activities in the Comprehensive Plan and, at that time, there were several policies that were added to the Recreation/Open Space Element. Commissioner Macht had suggested it might be more appropriate if the County had a separate Cultural Element. He asked the Board to give staff direction to research and initiate drafting of that element. Staff would then initiate an amendment of the Comprehensive Plan during the July window for Comprehensive Plan amendments. Commissioner Macht recounted some of the benefits brought to the community because of cultural activities and Vice Chairman Grin concurred that cultural activities definitely enhance our community. The Chairman stated there was CONSENSUS to direct staff to work on a Cultural Element for the Comprehensive Plan. M.A. EMERGENCY SERVICES DISTRICT The Chairman announced that following the meeting, the Commissioners would sit as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. April 11, 2000 68 • U.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that following the meeting of the Emergency Services District, the Commissioners would sit as the Board of Commissioners of the Solid Waste Disposal District. Those minutes are being prepared separately. U.C. ENVIRONMENTAL CONTROL BOARD None. There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 10:10 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes approved boow 3, o2 UD C) April 11, 2000 Fran B. Adams, Chairman BOOK M PAGE 78 • A