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HomeMy WebLinkAbout8/22/20009 MENUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, AUGUST 22, 2000 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25�h 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 James E. Chandler, County Administrator Paul G. Bangel, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE Comm. Fran B. Adams 4. ADDITIONS/DELETIONS to the AGENDA/EMERGENCY ITEMS 1. Add Item 71, John Morrison Donation of Cottage and Relocation to Captain Forester Homestead (Cairns Tract) on Jungle Trail. 2. Add Item 8, Sheriff Wheeler Request for Chairman to Execute letter to Department of Justice Regarding COPS In Schools Retention Plan. 3. Add Item 13.B., Discussion Regarding the Space Needs Committee. 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of July 18, 2000 B. Special Meeting of July 24, 2000 C. Special Meeting of July 27, 2000 i BACKUP 7. CONSENT AGENDA PAGES A. Approval of Warrants (memorandum dated August 10, 2000) 1-9 B. Consideration of Indian River County SHIP Program Annual Reports (memorandum dated August 3, 2000) 10-38 C. Contract Renewal for Uniform Rental Service Piggyback Palm Beach County 91-059 (memorandum dated August 11, 2000) 39-42 D. Bid Award: IRC 2057 Emergency Generator for Fire Station 11— Emergency Services/Fire District (memorandum dated August 15, 2000) 43-47 E. Miscellaneous Budget Amendment 019 (memorandum dated August 14, 2000) 48 F. Out -of -County Travel Request to Attend National Association of Telecommunications Officers and Advisors (NATOA) Conference (memorandum dated August 16, 2000) 49 G. Resolution Designating a Portion of 128`h Court Right -of - Way Between Bay Street and the St. Sebastian River as "Limited Use Right -of -Way" (memorandum dated August 15, 2000) 50-55 H. Payments to Vendors of Court Related Costs (memorandum dated August 15, 2000) 56-57 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None BK 114 PG 617 BACKUP 9. PUBLIC ITEMS PAGES A. PUBLIC HEARINGS - -- 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±7.3 ACRES LOCATED ON THE EAST SIDE OF 82ND AVENUE, ±250 FEET SOUTH OF SR60, FROM CL, LIMITED COMMERCIAL DISTRICT, AND A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT15 ACRES), TO CG, GENERAL COMMERCIAL DISTRICT; AND DESCRIBED HEREIN, AND PROVIDING SEVER- ABILITY AND EFFECTIVE DATE Wayne D. Clayton's Request to Rezone ±7.3 Acres from CL and A-1 to CG (Quasi -Judicial) (memorandum dated August 11, 2000) 58-68 2. Hovnanian Companies of Florida, Inc. Request for Conceptual Planned Development (PD) Special Excep- tion Use and Concurrent Preliminary PD Approval for a 100 lot single-family development to be known as Seasons Community (memorandum dated August 16, 2000) 69-88 3. LDR Amendment Follow-up Hearing: Free-standing Signs Near I-95 in the SR60 Corridor (memorandum dated August 15, 2000) 89-112 4. 28th Avenue (North of 4h St.) Petition Water Service Resolution III (memorandum dated August 11, 2000) 113-125 5. Consideration of Six Cent Local Option Gas Tax Revenue Distribution Formula (memorandum dated August 14, 2000) 126-132 B. PUBLIC DISCUSSION ITEMS 1. Tommy McDougald Request to Speak on Harassment (memorandum dated August 15, 2000) 133 2. Request from Francis M. Coffey to Comment on the Sublease Agreement between Dept. of Environmental Protection, State of Fla. and Indian River County regarding submission of a Management Plan by the County (letter dated August 15, 2000) 134-135 I 9. PUBLIC ITEMS (cont'd.): BACKUP PAGES B. PUBLIC DISCUSSION ITEMS (cont'd.): 3. Request by Frank L. Zorc to be placed on Agenda. Subj.: "Press Journal Wednesday, August 16, 2000 Setting a Public Hearing for Sept. 5 on the proposed 1 -cent increase in the Tourist Development Tax to help finance the deal" (letter dated August 16, 2000) 136 C. PUBLIC NOTICE ITEMS Scheduled for Public Hearing on September 5, 2000: Pine Tree Park Lake Property Owners' Association's Request for Right -of -Way Abandonment for a Portion of 6`h Street and 7`h Street in Pine Tree Park (Legislative) (memorandum dated August 16, 2000) 137 10. COUNTY ADMINISTRATOR'S MATTERS Proposed Collective Bargaining Strategy Meeting (memorandum dated August 16, 2000) 138 11. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of the Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan (memorandum dated August 8, 2000) 139-161 2. Board Approval of Option Agreement for County Sale of the Fischer -St. Sebastian River Environ- mental Land Purchase to the State for Cost -Share Reimbursement under the State Conservation and Recreation Lands (CARL) Program (memorandum dated August 14, 2000) 162-185 B. Emergency Services None C. General Services None D. Leisure Services None E. Office of Management and Budget None • 11. DEPARTMENTAL MATTERS (cont'd F. Personnel - - None G. Public Works West Side Subdivision — Acceptance of Private Roads, Right -of -Ways and Drainage Easements (memorandum dated August 14, 2000) H. Utilities None I. Human Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Fran B. Adams B. Vice Chairman Caroline D. Ginn C. Commissioner Kenneth R. Macht D. Commissioner Ruth Stanbridge E. Commissioner John W. Tippin BX 1 14 PG 620 • BACKUP PAGES 186-190 BACKUP 14. SPECIAL DISTRICTSBOARDS PAGES A. Emergency Services District 1. Approval of Minutes — regular meeting of 7/11/00 2. Authorization to Exchange Real Property with Grand Harbor (Legend Properties, Inc.) for the Construction/Relocation of Emergency Services Station #5 (memorandum dated August 7, 2000) 191-214 B. Solid Waste Disposal District Request to Schedule Public Hearing Date for 2000 Petition Hearing — Solid Waste Assessment Fees (memorandum dated August 4, 2000) 215-216 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: http://bccl.co.indian-river.fl.us Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library, and North County Library 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. BK 114 PG 621 • INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS AUGUST 22, 2000 1. CALL TO ORDER ............................................... 1- 2. INVOCATION ................................................. -1- 3. PLEDGE OF ALLEGIANCE ...................................... .1- 4. ADDITIONS TO THE AGENDA .................................. .2- 5. PROCLAMATIONS AND PRESENTATIONS ........................ .2- 6.A. APPROVAL OF MINUTES - JULY 18, 2000 ......................... .2- 6.B. APPROVAL OF MINUTES - JULY 241, 2000 ......................... .3- 6.C. APPROVAL OF NIINUTES - JULY 279 2000 .......................... 3- 7. CONSENT AGENDA ........................................... .3- 7.A. List of Warrants ........................................... .3- 7.B. SHIP Program Annual Reports .............................. .11 - AUGUST 22, 2000 BK 114 PG 622 -1- 7.C. Uniform Rental Service - Aramark Uniform Services (Piggyback Palm Beach County Contract 91-059) .............................. .14- 7.D. Bid #2057 -Emergency Generator for Fire Station #11- Dietz Enterprises of Stuart ............................................... .16- 7.E. Miscellaneous Budget Amendment #019 -Authorization for Budget Amendment to Balance FY 1999-00 .......................... .18- 7.F. Out -of -County Travel - County Attorney Bangel - National Association of Telecommunications Officers and Advisors (NATOA) Conference .. -19- 7.G. Resolution 2000-087 Designating a Portion of 1280` Court Right -of -Way Between Bay Street and the St. Sebastian River as "Limited Use Right -of - Way" - Joseph and Beverly Driver ........................... .20- 7.H. Payments to Vendors of Court -Related Costs ................... .26- 7.I. John Morrison - Donation of Cottage and Relocation to Captain Forester Homestead (Cairns Tract) on Jungle Trail ...................... .28- 8. SHERIFF GARY WHEELER - REQUEST FOR CHAIRMAN TO EXECUTE LETTER REGARDING COPS IN SCHOOL GRANT RETENTION PROGRAM - U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ......................................... .29- 9.A.1. PUBLIC HEARING - ORDINANCE 2000-027 - WAYNE D. CLAYTON - AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR f7.3 ACRES LOCATED ON THE EAST SIDE OF 82ND AVENUE, ±250 FEET SOUTH OF SR -60 FROM CL AND A-1 TO CG (Quasi- Judicial).......................................................... 31 - AUGUST 22, 2000 BK 1 14 PG 623 I 9.A.2. PUBLIC HEARING - HOVNANIAN COMPANIES OF FLORIDA, INC. (GORDON E. NUTT) - CONCEPTUAL PLANNED DEVELOPMENT SPECIAL EXCEPTION USE AND CONCURRENT PRELIM]NARY PD APPROVAL FOR A 100 -LOT SINGLE-FAMILY DEVELOPMENT TO BE KNOWN AS SEASONS COMMUNITY ..................................... 43- 9.A.3. PUBLIC BEARING - ORDINANCE 2000-028 AMENDING THE LAND DEVELOPMENT REGULATIONS (LDRs): CHAPTER 911, ZONING (FREE- STANDING SIGNS NEAR I-95 IN THE SR -60 CORRIDOR) ........... .54- 9.A.4. PUBLIC BEARING - RESOLUTION 2000-088 CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO 28TH AVENUE (NORTH OF 4TH STREET) (PROJECT NO. UW -99 -06 -DS) ......................................... .. ..............62- 9.A.5. PUBLIC HEARING - CONSIDERATION OF 6¢ LOCAL OPTION GAS TAX REVENUE DISTRIBUTION FORMULA - (TOWN OF INDIAN RIVER SHORES; TOWN OF ORCHID; CITY OF FELLSMERE, CITY OF SEBASTIAN; AND CITY OF VERO BEACH) ...................... .68- 9.B.1. PUBLIC DISCUSSION ITEM - TOMMY MCDOUGALD - REQUEST TO SPEAK ON HARASSMENT .................................... .71 - AUGUST 22, 2000 -3- BK 1 14 PG 62 4 C I 9.B.2. PUBLIC DISCUSSION ITEM - FRANCIS M. COFFEY - REQUEST TO SPEAK ON SUBLEASE AGREEMENT WITH STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION REGARDING SUBMISSION OF A MANAGEMENT PLAN BY THE COUNTY (NORTH COUNTY PARK) .. -72- 9.B.3. PUBLIC DISCUSSION ITEM - FRANK L. ZORC - REQUEST TO SPEAK ON "PRESS JOURNAL, WEDNESDAY, AUGUST 16, 2000, SETTING A PUBLIC HEARING FOR SEPTEMBER 5 ON THE PROPOSED 1¢ INCREASE IN THE TOURIST DEVELOPMENT TAX TO HELP FINANCE THE DEAL" (DODGERS) ................................................. .75- 9.C. PUBLIC NOTICE ITEMS - SCHEDULED FOR PUBLIC HEARING ON SEPTEMBER 5, 2000: PINE TREE PARK LAKE PROPERTY OWNERS' ASSOCIATION - REQUEST FOR RIGHT-OF-WAY ABANDONMENT FOR A PORTION OF 6THSTREET AND 7THSTREET IN PINE TREE PARK (Legislative).................................................. .77- 10. COUNTY ADMINISTRATOR - PROPOSED COLLECTIVE BARGAINING STRATEGY MEETING ........................................ .78- 11.A.1. MANATEE PROTECTION AND BOATING SAFETY COMPREHENSIVE MANAGEMENT PLAN (CMP) - FISH AND WILDLIFE CONSERVATION COMMISSION (FWC); SAVE THE MANATEE CLUB (SMC); AND MARINE ADVISORY/NARROWS WATERSHED ACTION COMMITTEE QV ANWAC) ........... .78 - AUGUST 22, 2000 BK 1 1 4 PG 625 • 11.A.2. ST. SEBASTIAN RIVER BUFFER PRESERVE - OPTION AGREEMENT FOR COUNTY SALE OF THE FISCHER ST. SEBASTIAN RIVER ENVIRONMENTAL LAND PURCHASE TO THE STATE FOR COST - SHARE REIMBURSEMENT UNDER THE STATE CONSERVATION AND RECREATION LANDS (CARL) PROGRAM ............. .88- 11.G. RESOLUTION 2000-089 ACCEPTING THE DEDICATION AND MAINTENANCE OF THE RIGHT-OF-WAYS FOR AD AVENUE (40TH AVENUE SW); GAME STREET (6TH LANE SW); AND DEUCE COURT (5TH PLACE SW), AND DRAINAGE EASEMENTS LOCATED WITHIN WEST SIDE SUBDIVISION (WEST SIDE RACQUET CLUB - ISABELLE DAYTON) ............................................................ .92- 13.B. VICE CHAIRMAN CAROLINE D. GINN - DISCUSSION REGARDING THE SPACE NEEDS COMMITTEE ................................... .97- 14.A. EMERGENCY SERVICES DISTRICT ............................. .97- 14.B. SOLID WASTE DISPOSAL DISTRICT ............................ .97- 14.C. ENVIRONMENTAL CONTROL BOARD .......................... .97 - AUGUST 22, 2000 -5- BK 1 14 PG 626 • August 22, 2000 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25'' Street, Vero Beach, Florida, on Tuesday, August 22, 2000, at 9:00 a.m. Present were Fran B. Adams, Chairman; Caroline D. Ginn, Vice Chairman; Kenneth R. Macht; John W. Tippin; and Ruth Stanbridge. Also present were James E. Chandler, County Administrator; Paul G. Bangel, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Adams called the meeting to order. 2. INVOCATION None. 3. PLEDGE OF ALLEGIANCE Chairman Adams led the Pledge of Allegiance to the Flag. AUGUST 22, 2000 -1- BK 114 PG 627 • 4. ADDITIONS TO THE AGENDA Chairman Adams requested the following additions to today's Agenda: 1. Item 7.I., John Morrison Donation of Cottage and Relocation to Captain Forester Homestead (Cairns Tract) on Jungle Trail. 2. Item 8., Sheriff Wheeler Request for Chairman to Execute Letter to Department of Justice Regarding COPS In Schools Retention Plan. Commissioner Ginn requested the addition of Item 13.B., Discussion Regarding the Space Needs Committee. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously added the above items to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS None. 6.A. APPROVAL OF MINUTES - JULY 18, 2000 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of July 18, 2000. There were none. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously approved the Minutes of the Regular Meeting of July 18, 2000, as written. AUGUST 22, 2000 BK 1 1 4 PG 628 0 -2 0 - 6.B. APPROVAL OF MINUTES - JULY 24, 2000 The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of July 24, 2000. There were none. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously approved the Minutes of the Special Meeting of July 24, 2000, as written. 6.C. APPROVAL OF MINUTES - JULY 279 2000 The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of July 27, 2000. There were none. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously approved the Minutes of the Special Meeting of July 27, 2000, as written. 7. CONSENT AGENDA 7.A. LIST OF WARRANTS The Board reviewed a Memorandum of August 10, 2000: AUGUST 22, 2000 -3- 38,11MEMEWIt TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: AUGUST 10, 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 August 4, 2000 to August 10, 2000. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for August 4, 2000 through August 10, 2000, as recommended by staff. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0020695 HIGHMARK LIFE INSURANCE 2000-08-04 4,037.46 0020696 AMERICAN FAMILY LIFE ASSURANCE 2000-08-04 162.86 0020697 AMERICAN DENTAL PLAN (FLORIDA) 2000-08-04 1,171.12 0020698 UNIPSYCH BENEFITS OF FL,INC 2000-08-09 442.80 0020699 O'NEIL, LEE & WEST 2000-08-09 1,929.46 0020700 BLUE CROSS/BLUE SHIELD OF 2000-08-09 3,428.42 0020701 IRC EMPLOYEE HEALTH INSURANCE- 2000-08-09 5,652.32 0020702 HIGHMARK LIFE INSURANCE 2000-08-09 144.10 0020703 IRC EMPLOYEE HEALTH INSURANCE- 2000-08-09 6,500.00 0287368 ACTION TRANSMISSION AND 2000-08-10 558.45 0287369 AERO PRODUCTS CORPORATION 2000-08-10 1,029.70 0287370 ALCALDE, RENATO MD 2000-08-10 200.00 0287371 ANIMAL CARE EQUIPMENT AND 2000-08-10 630.69 0287372 APPLE INDUSTRIAL SUPPLY CO 2000-08-10 867.68 0287373 APPLE MACHINE & SUPPLY CO 2000-08-10 905.07 0287374 AUTO SUPPLY CO OF VERO BEACH, 2000-08-10 291.02 0287375 ATLANTIC REPORTING 2000-08-10 332.80 0287376 ABS PUMPS, INC 2000-08-10 = 47.40 0287377 AQUAGENI% LAND -WATER 2000-08-10 281.00 aUcusT 22, 2000 gK 1 14 PG 630 AUGUST 22, 2000 -s- BX 1 14 PG 63 1 CHECK CHECK CHECK NAME- DATE AMOUNT NUMBER - FLORIDA COFFEE & BOTTLED 2000-08-10 59.90 131.45 0287378 ALL RITE WATER CONDITIONING 2000 -OS -10 362.23 0287379 ALL T & T WIRELESS SERVICES 2000-08-10 65.99 0287380 A 2000-08-10 0287381 A T & T AGENCY FOR HEALTH CARE 2000-08-10 18,237.84 15.00 0287382 D287383 ATLANTIC COASTAL TITLE CORP 2000-08-10 2000-08-10 1,400.00 0287384 ALBERTSON'S2000-08-10 ALL COUNTY MOWER & EQUIP CO 1,583.91 701.84 0287385 0287386 AUTO PARTS OF VERO, INC 2000-08-10 2000-08-10 336.29 0287387 ARCHITECTS & DESIGNERS 2000-08-10 5,809.39 0287388 ARAMARK UNIFORM SERVICES 2000-08-10 510.10 0287389 ARCH PAGING ATLANTIC COASTAL TITLE CORP 2000-08-10 1,360.00 72.38 0287390 2000-08-10 0287391 A T & T1,621.88 ENGINEERING SERVICES 500.00 0287392, AMERICAN 2000-08-10 0287393 AMERITREND HOMES 2000-08-10 125.43 0287394 ABC PRINTING CO2000-08-10 75.00 0287395 A T & T MEDIA SERVICES 2000-08-10 37,378.75 0287396 ATLANTIC AUTO SUPPLIERS 2000-08-10 400.00 0287397 ASSOCIATES, THE & TESTING INC 2000-08-10 350.00 0287398 A M ENGINEERING BUSINESS SOLUTIONS 2000-08-10 844.95 24.32 0287399 ADVANCED 0287400 ACTION WELDING SUPPLY INC 2000-08-10 593.68 0287401 AHEAD HEADGEAR INC 2000-08-10 2000-08-10 3,820.75 0287402 AMJ EQUIPMENT CORP 2000-08-10 70.91 0287403 8 & B INDUSTRIAL SUPPLY 2000-08-10 76,336.20 0287404 BARTH CONSTRUCTION 0287405 BARTON, JEFFREY K -CLERK 2000 -OB -10 2000-08-10 1,795.25 3,490.99 0287406 BOARD OF COUNTY COMMISSIONERS 2000-08-10 500.00 0287407 BILL BRYANT & ASSOCIATES, INC 2000-08-10 150.72 0287408 BRESETT, DOROTHY JEANNE 2000-08-10 51,404.44 0287409 BARTON, JEFFREY K- CLERK 2000-08-10 384.21 0287410 BAKER & TAYLOR INC 2000-08-10 2,323.63 0287411 BRODART CO 2000-08-102,858.56 0287412 BREVARD BOILER CO & TAYLOR ENTERTAINMENT 2000-08-10 12.05 0287413 BAKER 0287414 BELLSOUTH MOBILITY 2000-08-10 261.35 26,967.39 0287415 BELLSOUTH 2000-08-10 2000-08-10 130.00 0287416 BOBCAT OF ORLANDO CROSS/BLUE SHIELD OF 2000-08-10 30,688.54 0287417 BLUE 0287418 BELLSOUTH TELECOMMUNICATIONS' 2000-08-10 305.92 47.18 0287419 BELLSOUTH PUBLIC COMMUNICATION 2000-08-10 12.00 0287420 BLACKSTONE AUDIOBOOKS 2000-08-10 2000-08-10 7.48 0287421 BMG 0287422 BOYES & FARINA P A 2000-08-10 7,273.50 112.00 0287423 BROWN, MARY 2000 -OS -10 2000-08-10 810.00 0287424 BRENDLE, ROBERT W AND 2000-08-10 26.00 0287425 BINGHAM, KENNY JR 2000-08-10 259.48 0287426 BUSHNELL CORP 2000-08-10 500.00 0287427 BANOV, ROBERT 2000-08-10 77.97 0287428 BELLSOUTH 0287429 CARTER ASSOCIATES, INC 2000-08-10 3,516.66 0287430 CLASSIC AWARDS 2000-08-10 2000-08-10 17.20 391.50 0287431 CLEMENTS PEST CONTROL 2000-08-10 142.20 0287432 COLD AIR DISTRIBUTORS 0287433 COLKITT SHEET METAL & AIR, INC 2000-08-10 1,674.00 0287434 COMMUNICATIONS INTINC 2000-08-10 1,117.02 26,089.80 0287435 CHAMBER OF COMMERCE 2000-08-10 2000-08-10 8,486.90 0287436 COASTAL REFINING & MARKETING AUGUST 22, 2000 -s- BX 1 14 PG 63 1 I CHECK NAME NUMBER CHECK CHECK DATE AMOUNT 0287437 CLARKE, DOROTHEA 2000-08-10 23.49 0287438 COALITION FOR THE HOMELESS OF 2000-08-10 5,395.83 0287439 CLIFF BERRY ENVIRONMENTAL 2000-08-10 225.00 0287440 CHILBERG CONSTRUCTION CO.INC. 2000-08-10 500.00 0287441 C4 IMAGING SYSTEMS INC 2000-08-10 20.16 0287442 CARD CENTERS OF FL INC 2000-08-10 840.00 0287443 CENTRAL PUMP & SUPPLY INC 2000-08-10 353.14 0287444 CSR AMERICA, INC. 2000-08-10 196.19 0287445 CENTER FOR EMOTIONAL AND 2000-08-10 114.00 0287446 CAMPBELL, KEN 2000-08-10 78.00 0287447 CASCIO, MARYANN C 2000-08-10 224.00 0287448 CARQUEST AUTO PARTS 2000-08-10 420.99 0287449 CARQUEST AUTO PARTS 2000-08-10 9.58 0287450 COASTAL TITLE SERVICES INC 2000-08-10 57.65 0287451 CENTER POINT PUBLISHING 2000-08-10 66.48 0287452 CRISLIP GLASS 2000-08-10 885.00 0287453 CAVILL, TOM 2000-08-10 52.00 0287454 CENTRAL AIR CONDITIONING & 2000-08-10 223.91 0287455 DAILY COURIER SERVICE 2000-08-10 720.00 0287456 DAVES SPORTING GOODS 2000-08-10 1,162.26 0287457 DEEP SIX DIVE SHOP, INC 2000-08-10 865.53 0287458 DEPENDABLE DODGE, INC 2000-08-10 545.52 0287459 DICKERSON-FLORIDA, INC 2000-08-10 287.98 0287460 FLORIDA DEPARTMENT OF BUSINESS 2000-08-10 41.09 0287461 DOCTOR'S CLINIC 2000-08-10 40.00 0287462 DON SMITH'S PAINT STORE, INC 2000-08-10 17.73 0287463 DAVIS, BETTY 2000-08-10 89.80 0287464 DATA SUPPLIES, INC 2000-08-10 182.79 0287465 FLORIDA DEPARTMENT OF 2000-08-10 500.00 0287466 DADE PAPER COMPANY 2000-08-10 291.05 0287467 DOWNTOWN PRODUCE INC 2000-08-10 161.58 0287468 DATABASE TECHNOLOGIES INC 2000-08-10 25.00 0287469 DOUBLE TREE HOTEL 2000-08-10 237.00 0287470 DOYLE, STEVE 2000-08-10 24.94 0287471 DOLPHIN DATA PRODUCTS INC 2000-08-10 1,372.95 0287472 DALILI, CURTIS M D 2000-08-10 200.00 0287473 E -Z BREW COFFEE SERVICE, INC 2000-08-10 52.25 0287474 ERCILDOUNE BOWLING LANES 2000-08-10 51.00 0287475 EMERGENCY MEDICINE ASSOCIATES 2000-08-10 150.00 0287476 EXPRESS REEL GRINDING, INC 2000-08-10 650.00 0287477 EDLUND & DRITENBAS 2000-08-10 3,806.55 0287478 EASY PICKER GOLF PRODUCTS, INC 2000-08-10 631.74 0287479 ERICSSON, INC 2000-08-10 960.00 0287480 ECOLOGICAL ASSOCIATES INC 2000-08-10 2,306.25 0287481 EARLY CHILDHOOD DIRECT 2000-08-10 109.73 0287482 EGGLESTON, WILLIAM 2000-08-10 26.00 0287483 EXAC-TAC 2000-08-10 116.50 0287484 FATHER & SON APPLIANCE CO 2000-08-10 165.00 0287485 FEDEX 2000-08-10 85.06 0287486 FLORIDA EAST COAST RAILWAY CO 2000-08-10 7,549.19 0287487 FLORIDA COCA-COLA BOTTLING CO 2000-08-10 164.00 0287488 FLORIDA POWER & LIGHT COMPANY 2000-08-10 8,352.28 0287489 F S B P A 2000-08-10 275.00 0287490 FLOWERS BAKING COMPANY OF 2000-08-10 62.56 0287491 FLORIDA TIRE RECYCLING, INC 2000-08-10 1,177.47 0287492 F W P C O A 2000-08-10 15.00 0287493 FT PIERCE, CITY OF 2000-08-10 737.00 0287494 FENIMORE, CHARLES 2000-08-10 455.00 0287495 FLORIDA NOTARY SERVICE AND 2000-08-10 _ 118.90 0287496 FELLSMERE POLICE DEPARTMENT 2000-08-10 25.00 aUGUST 22, 2000 BK o 14 PG 632 0 0 -6- CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0287497 FLORIDA ANIMAL LEAGUE 2000-08-10 30.00 0287498 FIRE ENGINEERING 2000-08-10 28.50 0287499 FLORIDA GAME & FISH COMMISSION 2000-08-10 78.89 0287500 F & W PUBLICATIONS INC 2000-08-10 0287501 FREIGHTLINER TRUCKS OF SOUTH 2000-08-10 379.61 0287502 FIRSTLAB 2000-08-10 1,026.00 0287503 FIRESTONE TIRE & SERVICE 2000-08-10 2,592.95 0287504 FLORIDA DEPARTMENT OF REVENUE 2000-08-10 4,272.22 0287505 FLORIDA SANITARY SUPPLIERS 2000-08-10 168.06 0287506 GALE GROUP, THE 2000-08-10 1,585.50 0287507 GLIDDEN COMPANY, THE 2000-08-10 44.00 0287508 GOODKNIGHT LAWN EQUIPMENT, INC 2000-08-10 251.88 0287509 GRAYBAR ELECTRIC CO INC 2000-08-10 2,273.26 0287510 GREYHOUND LINES, INC. 2000-08-10 410.00 0287511 GRANDAGE,BRADFORD 2000-08-10 500.00 0287512 GRAY SUPPLY COMPANY 2000-08-10 34.09 0287513 GEAC COMPUTERS INC 2000-08-10 3,989.02 0287514 GRAVES & HILL, P A 2000-08-10 262.50 0287515 GOLDEN, ROBERT 2000-08-10 32.97 0287516 GOULD, COOKSEY,FENNELL,O'NEILL 2000-08-10 6,857.19 0287517 HARRIS SANITATION, INC 2000-08-10 583.87 0287518 HICKMAN'S BRAKE & ALIGNMENT 2000-08-10 182.00 0287519 HUNTER AUTO SUPPLIES 2000-08-10 553.63 0287520 HILL MANUFACTURING 2000-08-10 175.00 0287521 HORIZON NURSERY 2000-08-10 300.00 0287522 HOLIDAY BUILDERS 2000-08-10 1,500.00 0287523 HINTON'S CARPET CLEANING 2000-08-10 354.00 0287524 HEALTHY START COALITION OF 2000-08-10 25.00 0267525 HEARNDON, WILLIAM E 2000-08-10 982.10 0287526 HIDAY & RICKE, P.A. 2000-08-10 1,200.00 0287527 HERMAN, JOEL V 2000-08-10 670.38 0287528 INDIAN RIVER COUNTY 2000-08-10 4,000.00 0287529 INDIAN RIVER COUNTY SCHOOL 2000-08-10 3,076.25 0287530 INDIAN RIVER COUNTY 2000-08-10 110.00 0287531 INSTRUMENTATION SERVICES, INC 2000-08-10 380.00 0287532 INDIAN RIVER BATTERY, INC 2000-08-10 66.50 0287533 INDIAN RIVER BLUEPRINT CO INC 2000-08-10 174.77 0287534 INDIAN RIVER COMMUNITY COLLEGE 2000-08-10 25.00 0287535 INDIAN RIVER COUNTY UTILITY 2000-08-10 111.06 0287536 INDIAN RIVER MEMORIAL HOSPITAL 2000-08-10 11,936.77 0287537 INGRAM LIBRARY SERVICES 2000-08-10 16.30 0287538 INDIAN RIVER MEMORIAL HOSPITAL 2000-08-10 47.44 0287539 INTER -TEL TECHNOLOGIES INC 2000-08-10 1,564.00 0287540 IBM CORPORATION 2000-08-10 920.77 0287541 INDIAN RIVER ALL -FAB, INC 2000-08-10 96.71 0287542 IRC EMPLOYEE HEALTH INSURANCE- 2000-08-10 228,996.84 0287543 IVEY JR, ROBERT WAYNE 2000-08-10 36.05 0287544 INDIAN RIVER CUSTOM HOMES 2000-08-10 500.00 0287545 IRRIGATION CONSULTANTS UNLIMIT 2000-08-10 47.27 0287546 JACKSON ELECTRONICS 2000-08-10 80.67 0287547 JACOBS ELECTRIC MOTOR REPAIR 2000-08-10 75.00 0287548 JANIE DEAN CHEVROLET, INC 2000-08-10 110.46 0287549 J A SEXAUER INC 2000-08-10 775.46 0287550 JANITORIAL DEPOT OF AMERICA 2000-08-10 1,805.33 0287551 JOHNSON CONTROLS INC 2000-08-10 984.88 0287552 JOYCE MD, PETER H 2000-08-10 200.00 0287553 JONES CHEMICALS, INC 2000-08-10 1,595.00 0287554 KIMLEY-HORN & ASSOCIATES, INC 2000-08-10 20,357.95 0287555 KNIGHT & MATHIS, INC 2000-08-10 2,947.29 0287556 KELLY TRACTOR CO 2000-08-10 60.00 AUGUST 22, 2000 -7- I CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0287557 KAUFFMANN, ALAN 2000-08-10 533.00 0287558 K S M ENGINEERING & TESTING 2000-08-10 470.00 0287559 K & M ELECTRIC SUPPLY INC 2000-08-10 114.58 0287560 KASER, JULIE 2000-08-10 50.00 0287561 L I TREE SERVICE, INC 2000-08-10 729.00 0287562 LOWE'S COMPANIES, INC. 2000-08-10 3,361.92 0287563 L B SMITH, INC 2000-08-10 288.76 0287564 LIGHT SOURCE BUSINESS SYSTEMS 2000-08-10 514.50 0287565 LEXMARK INTERNATIONAL, INC 2000-08-10 1,314.71 0287566 LESCO, INC 2000-08-10 433.09 0287567 LUNDMARK, ALEX 2000-08-10 115.88 0287568 LA CLAIR, LAWRENCE 2000-08-10 1,000.00 0287569 MACMILLAN OIL COMPANY 2000-08-10 1,126.05 0287570 MAXWELL PLUMBING, INC 2000-08-10 28.35 0287571 MIKES GARAGE 2000-08-10 260.00 0287572 MARQUIS WHO'S WHO 2000-08-10 273.44 0287573 MORGAN AND EKLUND, INC 2000-08-10 1,404.00 0287574 MCMASTER-CARR SUPPLY COMPANY 2000-08-10 174.01 0287575 3M JAA4230 (CM) 2000-08-10 755.66 0287576 MERCURY TECHNOLOGIES 2000-08-10 281.88 0287577 MULLER, MINTZ, KORNREICH, 2000-08-10 2,684.80 0287578 MR BOB PORTABLE TOILET 2000-08-10 382.60 0287579 MARC INDUSTRIES 2000-08-10 43.01 0287580 KGB CONSTRUCTION INC 2000-08-10 1,000.00 0287581 MURPHY, DEBBIE 2000-08-10 102.00 0287582 METTLER-TOLEDO FLORIDA, INC 2000-08-10 325.00 0287583 MORTON SALT 2000-08-10 1,045.47 0287584 MILITANO, KYLE 2000-08-10 1,000.00 0287585 MARSHIANG, JAMES 2000-08-10 500.00 0287586 MARCHETTI, SHELLEY 2000-08-10 1,720.20 0287587 MELCHIORI, STEPHEN R 2000-08-10 67,900.73 0287588 MOLLOY, ANDREW J & CAROL A 2000-08-10 1,708.31 0287589 NICOSIA, ROGER J DO 2000-08-10 40.00 0287590 NEUROLOGICAL ASSOCIATES 2000-08-10 500.00 0287591 NATIONAL AMBULANCE BUILDERS, 2000-08-10 181.86 0287592 NEW HORIZONS OF THE TREASURE 2000-08-10 33,369.25 0287593 NATIONAL GEOGRAPHIC VIDEO 2000-08-10 23.70 0287594 NAPIER, WILLIAM M 2000-08-10 17.40 0287595 NU CO 2, INC 2000-08-10 84.00 0287596 NORTHERN TOOL & EQUIPMENT CO 2000-08-10 1,721.71 0287597 NORTRAX EQUIPMENT COMPANY 2000-08-10 112.78 0287598 OFFICE PRODUCTS & SERVICE 2000-08-10 2,008.45 0287599 ON IT'S WAY 2000-08-10 86.60 0287600 OFFICE DEPOT, INC 2000-08-10 4,129.99 0287601 O'NEIL, LEE & WEST 2000-08-10 17,271.02 0287602 PARKS RENTAL INC 2000-08-10 2,126.99 0287603 PERKINS INDIAN RIVER PHARMACY 2000-08-10 305.55 0287604 PETERSON'S 2000-08-10 21.44 0287605 POSTMASTER 2000-08-10 66.00 0287606 PETTY CASH 2000-08-10 27.58 0287607 PORT PETROLEUM, INC 2000-08-10 250.15 0287608 PRESS JOURNAL 2000-08-10 122.00 0287609 PAK-MAIL 2000-08-10 :25.90 0287610 PRAXAIR DISTRIBUTION 2000-08-10 69.00 0287611 POMEROY COMPUTER RESOURCES 2000-08-10 324.00 0287612 PIERCE & ASSOCIATES 2000-08-10 500.00 0287613 PASSAGE ISLAND HOMES, INC 2000-08-10 500.00 0287614 PMX MEDICAL 2000-08-10 863.65 0287615 QUALITY BOOKS, INC 2000-08-10 76.12 0287616 RINGHAVER 2000-08-10 262.08 AUGUST 22, 2000 BK 114 PG 634 -8- • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0287617 ROTO ROOTER SEWER SERVICE 2000-08-10 1,760.55 0287618 RUSSELL CONCRETE, INC 2000-08-10 1,064.00 0287619 ROBINSON EQUIPMENT COMPANY,INC 2000-08-10 23.26 0287620 RICHMOND HYDRAULICS INC 2000-08-10 1,228.50 0287621 RECORDED BOOKS INC 2000-08-10 1,447.85 0287622 RUBBER STAMP EXPRESS & MORE 2000-08-10 62.51 0287623 .RATTRAY, C F JR MD PA 2000-08-10 200.00 0287624 REXEL CONSOLIDATED 2000-08-10 1,837.29 0287625 REGIONS INTERSTATE BILLING 2000-08-10 959.19 0287626 RASMUSSEN, KARA 2000-08-10 301.28 0287627 RIVER TARPON INC 2000-08-10 500.00 0287628 RUDEN,MCCLOSKY,SMITH,SCHUSTER 2000-08-10 114.33 0287629 SAFETY KLEEN CORP 2000-08-10 427.21 0287630 SCOTTY'S, INC 2000-08-10 110.46 0287631 SEBASTIAN BUSINESS SUPPLY, INC 2000-08-10 26.01 0287632 SEWELL HARDWARE CO, INC 2000-08-10 265.59 0287633 SIR SPEEDY #5054 2000-08-10 186.78 0287634 SOUTHERN CULVERT, DIV OF 2000-08-10 3,372.07 0287635 SOUTHERN EAGLE DISTRIBUTING, 2000-08-10 108.40 0287636 SOUTHERN ELECTRIC SUPPLY 2000-08-10 509.11 0287637 ST LUCIE BATTERY & TIRE, INC 2000-08-10 179.85 0287638 STURGIS LUMBER & PLYWOOD CO 2000-08-10 52.18 0287639 SUN COAST WELDING SUPPLIES INC 2000-08-10 213.23 0287640 SUNSHINE PHYSICAL THERAPY 2000-08-10 240.00 0287641 SHERWOOD, FRANCES G 2000-08-10 110.64 0287642 SUBWAY STAMP SHOP INC 2000-08-10 66.88 0287643 SPALDING 2000-08-10 1,273.97 0287644 SUN BELT MEDICAL SUPPLY, INC 2000-08-10 2.74 0287645 SOLINET 2000-08-10 418.86 0287646 SYSCO FOOD SERVICES OF 2000-08-10 487.83 0287647 STEWART MINING INDUSTRIES INC 2000-08-10 9,961.26 0287648 SANDERS COMPANY INC 2000-08-10 2,335.00 0287649 SEBASTIAN POLICE DEPARTMENT 2000-08-10 50.00 0287650 SMITH, RETA 2000-08-10 11.00 0287651 SCHLITT BUILDERS, INC 2000-08-10 500.00 0287652 STAMM MANUFACTURING 2000-08-10 470.80 0287653 SOUTHERN LOCK AND SUPPLY CO 2000-08-10 42.72 0287654 SIGN PRO 2000-08-10 140.37 0287655 SOUTHERN SECURITY SYSTEMS OF 2000-08-10 843.00 0287656 STAGE & SCREEN 2000-08-10 34.65 0287657 SERVPRO 2000-08-10 75.00 0287658 SECURITY FIRST TITLE PARTNERS 2000-08-10 369.18 0287659 SULLIVAN, CHARLES 2000-08-10 500.00 0287660 SPICER, RONALD 2000-08-10 500.00 0287661 SPHERTON CORP 2000-08-10 408.00 0287662 SEBASTIAN CHARTER JUNIOR HIGH 2000-08-10 57,797.55 0287663 STALHUT, SHANNON 2000-08-10 28.00 0287664 TARMAC AMERICA INC 2000-08-10 2,889.78 0287665 TITLEIST DRAWER 2000-08-10 1,227.80 0287666 TIPPIN, JOHN W 2000-08-10 74.24 0287667 HIGHMARK LIFE INSURANCE 2000-08-10 6,434.37 0287668 TARGET PHARMACY RECEIVABLES 2000-08-10 89.39 0287669 TRUGREEN CHEMLAWN 2000-08-10 45.00 0287670 TELECOMMUNICATIONS BOOK CLUB 2000-08-10 172.28 0287671 T C BILLING CORPORATION 2000-08-10 9,389.56 0287672 T A P SOD 2000-08-10 3,794.52 0287673 TREASURE COAST NEWSPAPERS 2000-08-10 402.57 0287674 TREASURE COAST NEWSPAPERS 2000-08-10 898.02 0287675 THYSSEN MIAMI ELEVATOR 2000-08-10 1,958.00 0287676 TRADEWINDS SKATING CENTER 2000-08-10 1,068.00 AUGUST 22, 2000 la BK 1 14 PG 635 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0287677 ULVERSCROFT LARGE PRINT 2000-08-10 744.35 0287678 UNIQUE BOOKS, INC 2000-08-10 81.07 0287679 UNIPSYCH BENEFITS OF FL,INC 2000-08-10 3,963.60 0287680 VERO BEACH, CITY OF 2000-08-10 53,160.58 0287681 VERO LAWNMOWER CENTER, INC 2000-08-10 401.25 0287682 VERO MARINE CENTER, INC 2000-08-10 73.63 0287683 VERO BEACH, CITY OF 2000-08-10 102.00 0287684 VERO BEACH POLICE DEPARTMENT 2000-08-10 25.00 0287685 VERO BOWL 2000-08-10 177.60 0287686 VERO BEARING & BOLT 2000-08-10 1,145.28 0287687 VOLVO TRUCKS OF PALM BEACH 2000-08-10 366.00 0287688 WAL-MART STORES, INC 2000-08-10 186.92 0287689 WALGREENS PHARMACY #03608 2000-08-10 1,144.92 0287690 WALSH, LYNN 2000-08-10 40.60 0287691 WILLHOFF, PATSY 2000-08-10 130.00 0287692 WILLIAM THIES & SONS, INC 2000-08-10 118.80 0287693 WALGREENS PHARMACY #4642 2000-08-10 100.99 0287694 WAL*MART STORE 931 2000-08-10 31.16 0287695 WELLINGTON HOMES 2000-08-10 500.00 0287696 WEST GROUP PAYMENT CTR 2000-08-10 314.25 0287697 WASTE MANAGEMENT 2000-08-10 86,844.12 0287698 WHEELED COACH INDUSTRIES INC 2000-08-10 989.44 0287699 WINN DIXIE 2000-08-10 9.96 0287700 W W GRAINGER INC 2000-08-10 712.40 0287701 WILLIAM GLOVER INC 2000-08-10 90,272.17 0287702 XEROX CORPORATION 2000-08-10 221.77 0287703 YOUNG PRILL FUNERAL HOMES 2000-08-10 300.00 0287704 ZEE MEDICAL SERVICE 2000-08-10 77.80 0287705 GOLIEN, GREGORY R 2000-08-10 23.33 0287706 DRESSING, IVANA 2000-08-10 12.63 0287707 PENNEY, MRS WILLIAM 2000-08-10 14.51 0287708 ZENTZ, RONNIE 2000-08-10 1.37 0287709 SHIN, MARION 2000-08-10 82.14 0287710 HARRIS, GEORGE 2000-08-10 21.89 0287711 CUMMINS, FRANK 2000-08-10 47.25 0287712 GIBSON, TONI 2000-08-10 31.52 0287713 SWARM, JOHN A 2000-08-10 28.94 0287714 PASSAGE ISLAND HOMES 2000-08-10 94.66 0287715 LEGENDARY CONSTRUCTION 2000-08-10 85.32 0287716 MGB CONSTRUCTION 2000-08-10 21.72 0287717 HOLIDAY BUILDERS 2000-08-10 93.34 0287718 AMERITREND HOMES 2000-08-10 10.28 0287719 FAIRWAYS 2000-08-10 11.73 0287720 SPEEDO FITNESS CENTER 2000-08-10 111.54 1,229,908.82 AUGUST 22, 2000 BK ! 14 PG 636 -10- 0 0 7.B. STA7EH0USJ7VGINITl4TIVES (SHIP) PROGRAMAMVUAL .REPORTS The. Board reviewed a Memorandum of August 3, 2000: TO: James E. Chandler County Administrator D TMENT HEAD CONCURRENCE: obert M. Keating, AICP Community Development Director FROM: Sasan Rohani, AICP S. 4 Chief, Long -Range Planning DATE: August 3, 2000 SUBJECT: CONSIDERATION OF INDIAN RIVER COUNTY SHIP PROGRAM ANNUAL REPORTS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 22, 2000. DESCRIP'T'ION AND CONDITIONS On April 6, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13). By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan, Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP) Program funds. The purpose of the SHIP program is to provide affordable housing for qualified households. As structured, the county's SHIP Program provides low interest, deferred payment, subordinated loans to eligible very low income, low income, and moderate income households. Most of these loans provide downpayment and closing cost assistance, with private financial institutions providing principal mortgages. Since the plan was approved, the county received SHIP fund allocations of $250,000 per year for FY 92/93, FY 93/94, and FY 94/95; $565,773 for FY 1995-96; $632,136 for FY 1996-97; $622,455 for FY 1997-98; $903,723.00 for FY 1998-99; and $749,773.00 for FY 1999-2000. AUGUST 22, 2000 GK { 14 PG 6 3 -11- The following table indicates the SHIP allocations and number of loans given to eligible applicants by fiscal year and by income category. SHIP PROGRAM REPORT FY MOUNT OF HIP FUNDING state funding nly) OF LOANS APPROVED # AND % OF LOANS APPROVED BY INCOME CATEGORY I % I % 9 % 2-93 250,000.00 41 13 31.7117 1.66 11 6.83 3-94 250.000.00 37 12 2.4318 8.65 7 18.92 -95 250,000.00 0 11 6.6713 3.33 0.00 -96 565.773.00 8 19 2.76 5 0.34 6.90 -97 632,136.00 4 5 47.3034 5.95 6.76 17-98 622,455.00 5 2 3.85 6 5.38 10.77 -99 903,723.Q0 3 5.94 7 7.81 .25 -2000 749,773.00 5 19 42.2221 6.67 11.11 111.84 OTAL 5,122.476.00 K14 153 136.96 212j.21 9 VLI: Very Low Income LI: Low Income MI: Moderate Income The table below indicates the number of loans foreclosed and the number of loans paid back to the Housing Trust Fund to be utilized by other applicants. SHIP Program Loan Foreclosures or Repayments Total number of loans granted Foreclosure Action Loan Repayments Number % of Total Number % of Total 414 (as of 6/7/00) 9 2.17 24 5.80 As per the requirements of the SHIP Program, the county must submit an annual report for each fiscal year for which SHIP funds have been used. These reports must be signed by the Chairman of the Board of County Commissioners or his designee. The closeout reports for FY 1992-93, FY 1993-94, FY 199495, FY 1995-96, FY 1996-97, and FY 1997-98 were previously submitted to the state. Attached to this staff report are the county's SHIP Program FY 1998-99, and FY 1999-00 annual reports. All funds for FY 1998-99 and FY 1999-2000 have been expended, and the attached reports are the closeout reports for these fiscal years. The SHIP annual reports must be submitted to the state by September 15, 2000. AUGUST 22, 2000 -12- 0 -I • ANALYSIS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among the State Housing Initiatives Partnership Program (SHIP) requirements are the following: • At least 30% of funds must be utilized by very low income (VLI) households • At least 30% of funds must be utilized by low income (LI) households • At least 65% of funds must be utilized for homeownership • At least 75% of funds must be utilized for construction, rehabilitation and emergency repair • Not more than 10% of funds can be utilized for administration costs In administering the SHIP program, the county has met all of these requirements as well as local requirements for homeownership, credit, employment, assets and others. These two annual reports have been distributed to members of the county's Affordable Housing Advisory Committee, the Affordable Housing Partnership Group, municipalities, Treasure Coast Builders Association and other interested persons for their review and comment. The purpose of this staff report is to request that the Board of County Commissioners review the attached Annual SHIP reports and authorize the Chairman to sign the SHIP annual reports for fiscal years 1998-1999 and 1999-2000. ALTERNATIVES The Board of County Commissioners has two alternatives with respect to the SHIP Annual Reports. These are: To approve the attached SHIP Annual Reports and direct staff to submit the reports to the Florida Housing Finance Corporation. Not to approve the attached SHIP Annual Reports. Choosing the second alternative, however, would cause the county to become ineligible to receive additional SHIP funds. Staff supports the first alternative. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached SHIP Annual reports and authorize the Chairman to sign these reports. AUGUST 22, 2000 BK 1 B 4 PG -13- 6 3 9 0 ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously approved the SHIP Annual Reports and authorized the Chairman to execute same, as recommended by staff. COPIES OF REPORTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Z C. UNIFORMRENTAL SERVICE - ARAm4m UNIFORMSERVICES OGGYBACKPALMBEA CH COUNTY CONTRACT 91-059j The Board reviewed a Memorandum of August 11, 2000: DATE: August 11, 2000 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator Thomas Frame. General Services Director 11"-d FROM: Fran Powell, Purchasing Manager���,'� SUBJECT: Contract Renewal for Uniform Rental Service Piggyback Palm Beach County 91-059 It is respectfully requested the information contained herein be given formai consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS Aramark Uniform Services has been providing the County Departments with a uniform rental service since October 1, 1995. This annual contract is a result of utilizing the existing contract from Palm Beach County Bid #91-059. On September 28, 1998, the Board approved staffs recommendation to renew the existing contract with Aramark Uniform Services for an additional three (3) year period beginning October 1, 1998 through September 30, 2001 at the 1995 pricing schedule. Formal re -bidding would then occur before the beginning of FY 2001-2002. AUGUST 22, 2000 ou [ PG 640 -14- Due to the increase in fuel and environmental charges, Aramark Uniform Services has requested an increase to our current uniform prices. The standard industrial uniform cleaning service will increase from $4.25 to $4.50 per week per employee and the executive uniform cleaning service will increase from $6.75 to $7.12 per week per employee. It should be noted that this would be the last renewal without bid. Next year, a bid will be placed for new competitive prices. In addition, upon request from the County, Aramark Uniform Services will furnish an inventory of eleven (11) industrial shorts at a charge of $2.70 per week per employee for the Building and Grounds Division and the Park Department employees. RECOMMENDATION Based upon the review, it is staff s recommendation to amend our existing contract for services with Aramark Uniform Services and approve the price increase for the upcoming fiscal year. This action will insure that Indian River County will continue to provide a uniform rental service to our County employees at the most cost-effective pricing levels available today. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously agreed to amend the existing contract for services with Aramark Uniform Services and approved the price increase for the upcoming fiscal year, as recommended by staff. AUGUST 22, 2000 CONTRACT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED -15- BK114P641 0 ZD. BID #2057 - EMERGENCY GENERATOR FOR FIRE STATION #11- DIETZ ENTERPRISES OF STUART The Board reviewed a Memorandum of August 15, 2000: DATE: August 15, 2000 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator / Thomas Frame, General Services Directorel,,��i.G/° FROM: Fran Boynton -Powell, Purchasing Manage;* SUBJECT: Bid Award: IRC 2057 Emergency Generator for Fire Station 11 Emergency Services/ Fire District BACKGROUND INFORMATION Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: "No Bid" Response: VENDOR Dietz Enterprises Stuart, Fl Emergency Power Systems Orlando, Fl TOTAL AMOUNT OF BID SOURCE OF FUNDS ESTIMATED BUDGET AUGUST 22, 2000 August 8, 2000 at 2:00 P.M. July 18 & 25, 2000 Nineteen (19) Vendors Two (2) Vendors Three (3) Vendors BID TOTAL $18,575.00 $25,480.00 $18,575.00 Optional Sales Tax /Fire Services/ Other Machinery & Equipment 315-120-522-06649 $25,000.00 BK 114 PG 642 • RECONM ENDATION Staff recommends that the bid be awarded to Dietz Enterprises of Stuart. Florida as the lowest most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. Orr M-WITI-A"���' ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously awarded Bid #2057 to Dietz Enterprises of Stuart, Florida at a cost of $18,575, as recommended by staff. AUGUST 22, 2000 -17- BKl14PG643 ZE. MISCELLANEOUS BUDGET AMENDMENT #019 - A UTHORIZATION FOR BUDGET AMENDMENT TO BALANCE FY 1999-00 The Board reviewed a Memorandum of August 14, 2000: TO: Members of the Board of County Commissioners DATE: August 14, 2000 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 019 THROUGH: Joseph A. Baird Assistant County Administrator FROM: Jason E. Brown 4 Budget Manager DESCRIPTIONS AND CONDITIONS The 1999/2000 fiscal year ends September 30, 2000. All budget amendments must be done prior to the close of the fiscal year to be in proper compliance. I would like the Board of County Commissioners to authorize the Budget Manager to do the necessary budget amendments for balancing the budget for the 1999/2000 fiscal year. ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board unanimously authorized Miscellaneous Budget Amendment #019 allowing the Budget Manager to do the necessary budget amendments for balancing the budget for the 1999/2000 fiscal year, as requested by staff. AUGUST 22, 2000 BK ! 14 PG 644 ZF. OUT -OF -COUNTY TRAVEL - COUNTYATTORNEYBANGEL - NATIONAL ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND ADVISORS ,(NA TOM CONFERENCE The Board reviewed a Memorandum of August 16, 2000: ' Board Cemfied, Cay, County & Local Government law Paul G. Bangel, County Attorney' William G. Collins II, Deputy County Attorney' August 16, 2000 MEMORANDUM To: Board of County Commissioners From: Paul G. Bangel, County Attorney -a.6 01,40t, Re: National Association of Telecommunications Officers and Advisors ("NATOA") Conference Recommendation: That the Board of County Commissioners authorize the county attorney to attend NATOA's 20'h Annual Local Government Telecommunications Conference September 13- 16, 2000, in Los Angeles, California. Discussion: 1 respectfully request authorization to attend NATOA's 20' Annual Local Government Telecommunications Conference September 13-16, 2000, in Los Angeles, California. I have attended the NATOA conference on two previous occasions, and have found it to be a valuable source of information and contacts regarding telecommunications issues facing local governments. The County Attorney's Office budget contemplates attendance at this seminar. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously approved out -of -county travel for County Attorney Paul Bangel to attend NATOA's 20' Annual Local Government Telecommunications Conference September 13-16, 2000 in Los Angeles, California, as requested. AUGUST 22, 2000 -19- Bit 1 14 PC 645 Z G. RESOLUTION 2000-087DESIGNATING A PORTION OF 128TH COURT RIGHT-OF-WAYBETWEENBAYSTREET AND THE ST. SEBASTIANRIVER AS "LIMITED USE RIGHT-OF-WAY" - JosEPHAND BEVERLYDRIVER The Board reviewed a Memorandum of August 15, 2000: "Board Certified, City, Courcy& LaW Govw== Law Paul G. Baagel, Co=yA=rnL7- William G. Corns II, Delnuy County Attorney - MEMORANDUM TO: The Board of County Commissioners FROM:i William G. Collins II —Deputy County Attorney DATE: August 15, 2000 SUBJECT: Resolution Designating a Portion of 128th Court Right -Of - Way Between Bay Street and the St. Sebastian River as "Limited Use Right -Of -Way" On August 1, 2000 the Board of County Commissioners held a duly noticed public hearing to consider abandoning that portion of 128th Court lying between Bay Street and the St. Sebastian River on the application of Joseph and Beverly Driver. At that meeting the Board determined that it would be in the best interest of the public to retain the right-of-way for the limited use purposes of pedestrian access, drainage and utility uses. The only persons known at this time to utilize 128th Court are Joe and Beverly Driver who utilize the south portion of the right-of-way as driveway access to their house. Their only other potential driveway access off Bay Street is blocked by a large oak tree which they do not wish to cut down. Since the Drivers bought their property by reference to a plat which showed 128th Court as a public right-of-way, and since they in fact have used it as a driveway, they have an implied easement which would be upheld in a court of law to continued use of a portion of that right-of-way as their driveway. Due to that fact, the resolution accompanying this agenda item has been styled to AUGUST 22, 2000 BK 0 I 4 PG 646 -2a designate 128th Court between Bay Street and the St. Sebastian River as a limited use right-of-way for pedestrian access, drainage and utility uses and driveway access for Lot 5, Block B-5 (the Driver property). All other general vehicular traffic would be barred. RECOMMENDATION: Authorize the Chairman to execute the attached resolution implementing the August 1, 2000 directive of the Board not to abandon the right-of-way, but to designate it as a limited use right-of-way. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously adopted Resolution 2000-087 providing for a portion of 128` Court Right -of -Way in the Townsite Plat of Roseland to be designated as Limited Use Right -of -Way (Joseph and Beverly Driver). AUGUST 22, 2000 -21- BK 1 14 PG 6 4 7 I RESOLUTION NO. 2000 -01 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A PORTION OF 128TH COURT RIGHT-OF-WAY IN THE TOWNSITE PLAT OF ROSELAND TO BE DESIGNATED AS LIMITED USE RIGHT-OF-WAY; SAID RIGHT-OF-WAY LYING IN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, on February 15, 2000 the Board of County Commissioners adopted ordinance No. 2000-004 which established in the county land development regulations a definition for and reference to "limited use rights-of-way"; and WHEREAS, "limited use rights-of-way" are defined as rights-of-way used for non -general vehicular traffic purposes such as for pedestrian, drainage, and utility uses; and WHEREAS, such a designation provides a benefit to abutting lot owners by reducing building setbacks on abutting lots; and WHEREAS, the Board of County Commissioners is authorized to designate a county right- of-way as a "limited use right-of-way"; and WBEREAS, Indian River Couaty desires to designate as a limited use rig& -of -way that portion of 128'h Court north of 83'd Avenue, between block B5 and B6 Townsite plat of Rosland, said right-of-way segment being more particularly described as : Lewis Street (now known as 128' Court), a 50 -foot wide street lying North of Sebastian Avenue (now known as Bay Street), and running to the South shore of the Sebastian River, according to the plat of the Townsite of Roseland recorded in Plat Book 1, Page 43 of the Public Records of St. Lucie County, Florida. Now lying in Indian River County, Florida. and shown on the attached map (SEE EXHIBIT'Wl; and WHEREAS, Indian River County has determined that all lots that abut the subject right-of- way other than Lot 5, Block B5 have frontage on other county road rights-of-way that provide general vehicular access to each abutting lot; and WHEREAS, the Indian River County board of County Commissioners held a duly noticed public hearing on August 1, 2000 to consider the disposition of said right-of-way and determined it in the best interest of the county to designate the subject right-of-way as a "limited use right-of- way„ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: AUGUST 22, 2000 � � � P� 648 -22- BK RESOLUTION NO. 2000-.9-87 1. The subject segment of county right-of-way is hereby designated as "limited use right-of- way" as defined and referenced in the county land development regulations, and shall not be used for. general vehicular traffic purposes but may be used for pedestrian, drainage, and utility uses authorized by the county, and driveway access for Lot 5, Block B5, Townsite plat of Roseland. The foregoing resolution was offered by Commissioner G i nn who moved its adoption. The motion was seconded by Commissioner S t a n h r i r1 g P ; and upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Age vice Ayevice - Chairman Caroline Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth Stanbridge A v e Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 2 2 n d day of An9net .2000. Attest; J 'Bfin; rk Deputy Clerk The Chairman thereupon declared the resolution duly passed and adopted this 12 3.d_day of A g n e t 2000. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Qom_S8 da�-- Fran B. Adams Chairman CCI HEREBY C r�E 1cR eTIFY that on this day, before me, and officer duly authorized in this State and PATRTC1rA'PJ'eE�cknowledgments, personally appeared FRAN ADAMS, and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. AUGUST 22, 2000 -23- RESOLUTION NO. 2000- n a Z WITNESS my hand and official seal in the County and State last aforesaid this e?—&,/day of A.D., 2000. 4-2� otary Public APPROVED AS TO LEGAL SUFFICIENCY BY: pPpppA�Uh •P William G. CoWns, �'aR°"�Nwm �crc�v.orrovlaoo < Deputy County Attorney wasHor�ar. v�.x,,.sa„s < APPROVED AS TO PUBLIC WORKS MATTERS BY: kl . ' Kafer, P.E. County Engineer APPROVED AS TO PLANNING MATTERS BY Robert M. Keating, AICP, D' actor Community Development Division AUGUST 22, 2000 BK 1 1 4 PG G50 -24- LI 60 0 30 60 120 GRAPHIC SCALE ( IN FEET) 21-30-38-00005-0360-00001.0 BLOCK B6, LOT 1 (LEWIS STREET—Plat) j I U- BLOCK B5, LOT 5 ZQ 21-30-38-00005-0350-00005.0 �m� 2 STREET ABANDONMENT �- DESCRIPTION Lewis Street (now known as 128th Court), a 50—foot wide street, lying North of Sebastian Avenue (now known as Bay Street), and running to the South shore of the Sebastian River, according to the plat of the Townsite of Roseland recorded in Plat Book 1, Page 43 of the Public Records of St. Lucie County, Florida. Now lying in Indian River County, Florida. CERTIFlCATION I, Charles A. Cramer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify that this sketch meets the Minimum Technical standards as described in Chapter 611317 of the Florida Administrative Code, pursuant to F.S. Chapter 472. Charles A. Cramer, P.S.M. Reg. #4094 Indian River County Surveyor 1840 25th Street, Vero Beach, FL 32960 (561) 567-8000 Dote 3 0 r U H co N N J lL 3 0 a U THIS IS NOT A SURVEY ` SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT O O O N N N W) '. 1 tA N F, ZH. PAYMENTS TO VENDORS OF COURT -RELATED COSTS The Board reviewed a Memorandum of August 15, 2000: • Board C=fied, City, Caumy & Local Gom= m Law MEMORANDUM TO: Board of County Commissioners FROM: Paul G. Bangel, County Attorney DATE: August 15, 2000 SUBJECT: Payments to Vendors of Court Related Costs Paul G. Banrl, C—yA--y* William G. Colli- IL DqutyCoumy Amy" The Office of the County Attorney has processed and approved payment to the following vendors for the weeks of July 17 through August 7, 2000. Listed below are the vendors and the amount of each court -related cost. Vendor. Payment for. Amount: Medical Record Services State Attorney Costs 39.93 Patricia W. Key Transcription 24.50 Patricia W. Key Transcription 73.50 Patricia W. Key Transcription 77.00 Peggy Gollnick Transcription 51.50 Patricia W. Key Transcription 101.50 Suncoast Mental Health Clinical Evaluation 712.50 Patricia W. Key Transcription 73.50 Patricia B. Held Transcription 84.00 Patricia B. Held Transcription 308.00 Soren Barrett, Ph.D. Clinical Evaluation 500.00 Sheila I. Flinn Transcription 143.50 Peggy Gollnick Transcription 98.00 Janet C. Prosper Transcription 101.50 Peggy Gollnick Transcription 56.00 Patricia W. Key Transcription 42.00 Patricia B. Held Transcription 252.00 Suncoast Mental Health Serv. Clinical Evaluation 50.00 Psychological Affiliates Inc. Expert Witness 131.00 Karen M. Orlando Transcription 73.50 Cristi Martin Transcription 101.50 Karen M. Orlando Transcription 73.50 Janet C. Prosper Transcription 70.00 Janet C. Prosper Transcription 182.00 Shirley E. Corbin Transcription 80.50 Cristi Martin Transcription 59.50 Crisfi Martin Transcription 49.00 auGusT 22, 2000 011 114 PG 652 -26- I Olga Mas Court Interpreter 50.00 Shirley E. Corbin Transcription 105.00 Janet C. Prosper Transcription 171.00 Sheila 1. Flinn Transcription 80.50 Karen M. Orlando Transcription 45.50 Shirley E. Corbin Transcription 157.50 Gregory C. Landrum, Psy. D. Clinical Evaluation 575.00 Cristi Martin Transcription 101.50 Cristi Martin Transcription 66.50 Robert J. Brugnoli, Ph.D. Clinical Evaluation 300.00 Floyd Evans Court Interpreter 50.00 Cristi Martin Transcription 52.50 Shirley E. Corgin Transcription 70.00 Smartcorporation Public Defender Costs 10,22 Pegasus Travel Witness Coordination 277.00 Lynn Park Witness Coordination 160.20 Sandy Crawford State Attorney Costs 9.00 Shirley E. Corbin Transcription 11200 Shirley E. Corbin Transcription 161.00 Michael C. Riordan, Psy.D. Clinical Evaluation 500.00 Cristi Martin Transcription 182.00 Shirley C. Corbin Transcription 98.00 Sandy Crawford, Clerk State Attorney Costs 6.00 Shiriey E. Corbin Transcription 161.00 Sheila I. Flinn Transcription 94.50 Medical Record Services State Attorney Costs 13.78 Cristi Martin Transcription 86.50 Diane Mc. Maloysek, Clerk State Attorney Costs 4.00 Sheila I. Flinn Transcription 45.50 Unishippers Transcription 33.78 Patricia B. Held Transcription 94.50 Barbara G. Schopp Transcription 94.50 Barbara G. Schopp Transcription 56.00 Patricia B. Held Transcription 87.50 Linda R. Phillips Transcription 367.50 Victoria J. Limberis, PDI Public Defender Costs 17.40 Barbara G. Schopp Transcription 80.50 Shirley E. Corbin Transcription 570.50 Shirley E. Corbin Transcription 70.00 Elisa LesCamela Transcription 66.50 Cristi Martin Transcription 24.50 Total $5,153.88 cc: Honorable Paul B. Kanarek, Chief Judge NO ACTION REQUIRED OR TAKEN. AUGUST 22, 2000 -27- ZL JOHNMORRISON- DONATION OF COTTAGE AND RELOCATION TO CAPTAIN FORESTER HOMESTEAD6CAIRNS TRACT ON JUNGLE TRAIL The Board reviewed a Memorandum of August 22, 2000: Memorandum DATE: August 22, 2000 To: Members, Board of County Commissioners From: Commissioner Ruth Stanbridge Re: Donation of classroom Late last week, Mr. John Morrison called concerning a small cypress cottage [20 x 20 feet] that was available to be relocated if the county had a need. Jim Davis and I inspected this building and agreed the building was in excellent condition and could be of use to the county. Both the building and the relocation are to be donated with the only conditions being the relocation must be accomplished as soon as possible. Therefore, I would lice the Commission's permission to pursue the details of the donation and its relocation to the Captain Forester Homestead [Cairns Tract] on Jungle Trail. This building can be incorporated into the site plan, now in design, and utilized as a future classroom. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously accepted the donation of the cypress cottage to be relocated to the Captain Forester Homestead (Cairns Tract) on Jungle Trail. AUGUST 22, 2000 BK I I 4 PG 6 5 4 -28- 40 8. SHERIFF GARY WHEELER - REQUEST FOR CHAIRMAN TO EXECUTE LETTER REGARDING COPS IN SCHOOL GRANT RETENTION PROGRAM - U.S. DEPARTMENT OF JUSTICE. OFFICE OF COMMUNITY ORIENTED POLICING SERVICES The Board reviewed a letter of August 17, 2000: 6-berif f GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS' ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION 405541 St AVENUE VERO BEACH. FLORIDA 32960-1808 PHONE (561) 569-6700 August 17, 2000 The Honorable Fran B. Adams, Chairman Indian River Board of County Commissioners 1840 25th Street Vero Beach, FL 32960-3394 Re: COPS In Schools Retention Plan Dear Chairman Adams: RECEIVED AUG 1 7 2000 6OAiD OF COUNTY C-0MM1SSIGN I would like to request that the attached letter be placed on the next Commission Agenda They have requested additional wording and have given a 5 -day time frame in which to return the document. They will be making their awards during August. If we wait until September, we will be included in their September/October awards but do not know if there will be funding available at that time. I appreciate your consideration to placing this on the August 22nd Agenda Sincerely, 1��. Lv,(..�e.... Gary C. wheeler, Sheriff AUGUST 22, 2000 -29- BK 1 14 PG 655 BOARD OF COUNTY COMMISSIONERS Fran B. Adana Ruth M. Stanbridge Chairman �. District 2 District I ^ ag Kenneth R. Maeht Caroline D. Ginn * # District 3 Vice Chairman District S �OR1�4' John W. Tippin District 4 August 22, 2000 U. S. Department of Justice Office of Community Oriented Policing Services Universal Hiring Program Control Desk, 76 Floor 1100 Vermont Avenue, NW Washington, D. C. 20530 RE: COPS In Schools Retention Plan To Whom 8 May Concern: The Indian River County Board of County Commissioners supports the efforts of the Indian River County SherMfs Office as a community policing agency. As part of the community policing endeavor, the Sheftifs Office has been awarded several COPS grants Including Universe! Hiring, COPS AHEAD, and COPS MORE'98. In reviewing the approving COPS Grant applications. the Board adamwiedes the fiscal responsibilities of retaining these requested positions at the dose of the grant period. For this very reason, we conduct a five year fiscal imps study prior to ping with any grant: application. Therefore, in approving and signing the grant papers, we have anticipated the future financial needs of retaking the positions and will utilize the general fund portion of budget process to accomplish. The authorized strength of the Sheriffs Office is increased accordingly. as such grants are awarded, and Incorporated Into the ShefHfs Office budget We commit to retaining the COPS funded position for one full local budget cycle following the conclusion of federal funding; Increasing tax revenues generated by growth will be utilized to accomplish this. Although growth brings with it many chafiernges, we also recognize the responsibility get has to provide vital services to Its community, and welcome the opportunity to tske advantage of federal funds to augment local dollars and provide an Increased level of service to our community. Please be assured of our continued cooperation. Sincerely, Fran B. Adams. Chairman Gary C. Wheeler. Sherif Board of County Commissioners August 22. 2000 Date Date ON MOTION by Commissioner Tippin, SECONDED by Commissioner Stanbridge, the Board unanimously authorized the Chairman to execute the letter to the U.S. Department of Justice, Office of Community Oriented Policing Services regarding the COPS in Schools Retention Plan, as requested. auGusT 22, 2000 BK 114 PG 656 • -30- 0 0 9.A.1. PUBLIC HEARING - ORDINANCE 2000-027 - WAYNE D. CLAYTON - AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±7.3 ACRES LOCATED ON THE EAST SIDE OF 82ND AVENUE, ±250 FEET SOUTH OF SR -60 FROM CL AND A-1 TO CG (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 August 11, 2000: TO: James E. Chandler; County Administrator DEP TMENT HEAD CONCURRENCE o elft M. Keating, AICP; ommpn' Development Director THRU: Sasan Rohani, AICP; Chief, Long -Range Planning S -/�- FROM: John Wachtel; Senior Planner, Long -Range Planningl� DATE: August 11, 2000 RE: Wayne D. Clayton's Request to Rezone f7.3 Acres from CL and A-1 to CG (RZON 2000-05-0013) It is requested that the data herein presented be given formal consideration by the board of County Commissioners at its regular meeting of August 22, 2000. This is a request to rezone a ±7.3 acre parcel located on the east side of 82nd Avenue, ±250 feet south of SR 60. As depicted in Figure 1, the north ±250 feet of the subject property are zoned CL, Limited Commercial District, while the remainder of the site is zoned A-1, Agricultural District (up to 1 unit/5 acres). The request is to rezone the entire parcel to CG, General Commercial District. The purpose of this request is to secure the necessary zoning to develop the site with retail and service uses. On July 13, 2000, the Planning and Zoning Commission voted 7 to 0 to recommend that the Board Of County Commissioners approve this request to rezone the subject property from CL and A-1 to CG. AUGUST 22, 2000 -31- 8K 114 PG 657 r Figure 1: Zoning and Location of the c„h;Pt-. The subject property consists of vacant wooded land. The north t1.7 acres of the site are zoned CL, while the remaining t5.6 acres are zoned A-1. Land adjacent to the site on the north is zoned CG and contains a convenience store with a gas station and a restaurant. Land abutting the site on the east is zoned CL and is vacant and wooded. Land bordering the site on the south is zoned A-1 and contains citrus groves. West of the subject property, across 82nd Avenue, land is zoned CG and contains a truck stop and an auto service center. AUGUST 229 z000 BK 0 I 4 PG 658 -320 0 - The subject- property and properties to the north, east and west are designated C/l, Commercial/ Industrial, on the future land use map. The C/I designation permits various commercial and industrial zoning districts. Land to the south of the site is designated M-1, Medium -Density Residential -1, on the future land use map. The M-1 designation permits residential uses with a density up to 8 units/acre. Environment The subject property consists of pine flatwoods, a native upland habitat. Inspection of aerial photographs indicates a small wetland may exist in the northeastern portion of the site. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas. Utilities and Services The site is within the Urban Service Area of the county. Potable water distribution lines extend to the site from the South County Reverse Osmosis Plant, while wastewater collection lines extend to the site from the West County Wastewater Treatment Plant. Transportation System Access is provided to the site by 82nd Avenue, an urban principal arterial road on the future roadway thoroughfare plan map. The segment of 82nd Avenue that abuts the subject property is a two lane road with approximately 60 feet of public road right-of-way. As a possible location for the proposed Citrus Highway (running through Martin, St. Lucie, and Indian River Counties, the Citrus Highway would provide citrus hauling trucks a direct link between groves, packinghouses, and markets), 82n° Avenue is programmed for expansion to 136 feet of public road right-of-way and four lanes by 2020. There are many similarities and some differences between the existing CL zoning district and the proposed CG district. The CL district is intended to serve, and be more compatible with, nearby residential development. Therefore, in terms of permitted uses, the CL district is generally more restrictive. In contrast, the CG district allows somewhat more intense commercial development. The differences between the districts are best illustrated by their purpose statements. These purpose statements are as follows: • CL, Limited C:ommerrial District- The CL, Limited Commercial, district is intended to provide areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. • CG- General C:ommerri^l District The CG, General Commercial, district is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services or industrial uses. In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include: AUGUST 22, 2000 -33BK 1 14 NO 659 - • 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 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. 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. The t1.7 acre CL zoned portion of the subject property is exempt from concurrency review because the requested zoning would not increase the use intensity of that portion of the subject property. By changing the zoning of that portion of the subject property from CL to CG, various uses not currently allowed will be permitted on the site. However, because the most intense use of that land would be the same with either zoning district, changing that land's zoning from CL to CG will not create additional impacts on any concurrency facilities. When new development is proposed for the subject property, a more detailed concurrency analysis will be conducted during the development approval process. The remaining t5.6 acres of the subject property, zoned A-1, are subject to concurrency review, because rezoning that property to CG would increase the use intensity of the land. 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. For commercial rezoning requests, the most intense use (according to Future Land Use Element Policy 1.16 and the county's Land Development Regulations) is retail commercial with 10,000 square feet of gross floor area per acre of land proposed for rezoning. The information used for the concurrency analysis of the agriculturally zoned portion of the subject property is as follows: 1. Size of Area analyzed for concurrency: f5.6 acres 2. Existing Zoning District: A-1, Agricultural District (up to 1 unit/5 acres) 3. Proposed Zoning District: CG, General Commercial District 4. Most Intense Use of Subject Property under Existing Zoning District: 1 Residential Unit 5. Most Intense Use of Subject Property under Proposed Zoning District: 56,000 square feet of Retail Commercial (Shopping Center in the 6s' Edition ITE Manual) auGusT 22, z000 gg 114 PG 660 -34- • Transportation As part of the concurrency review process, the applicant has submitted a Traffic Impact Analysis (TIA). The county's Traffic Engineering Division has reviewed and approved that TIA. A TIA reports the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the proposed zoning district, and assigns those trips to impacted roads. Impacted roads are defined in section 910.09(4)(b)3 of the county's LDRs as roadway segments which receive five percent (5%) or more of the project traffic or fifty (50) or more project trips, whichever is less. According to the approved TIA, the existing level of service on impacted roadways would not be lowered by the traffic generated by a 56,000 square foot shopping center on the subject property. Water The most intense commercial use of the subject property will result in water consumption at a rate of 22 Equivalent Residential Units (ERUs), or 5,500 gallons/day. This is based upon a level of service of 250 gallons/ERU/day. The subject property will be serviced by the South County Reverse Osmosis Plant. This plant has a remaining capacity of approximately 4,500,000 gallons/day and can accommodate the additional demand generated by the proposed zoning district. Wastewater The subject property will be serviced by the West County Wastewater Plant. Based upon the most intense use allowed under the proposed zoning district, development of the property will have a wastewater generation rate of approximately 22 Equivalent Residential Units (ERUs), or 5,500 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. The West County Wastewater Plant currently has a remaining capacity of more than 1,000,000 gallons/day and can accommodate the additional wastewater generated by the proposed zoning district. Solid Waste Solid waste service includes pick-up by private operators and disposal at the county landfill. For a 56,000 square foot commercial development on the subject site, solid waste generation will be approximately 367 waste generation units (WGU) annually. A WGU is a Waste Generation Unit measurement equivalent to one ton (2,000 pounds) of solid waste. Using the accepted conversion rate of one cubic yard for every 1,200 pounds of compacted solid waste generated, the 56,000 square feet of commercial development would be expected to generate 612 cubic yards of waste/year. A review of the solid waste capacity for the active segment of the county landfill indicates the availability of more than 800,000 cubic yards. The active segment of the landfill has a four year capacity, and the landfill has expansion capacity beyond 2010. Based on staff analysis, it was determined that the county landfill can accommodate the additional solid waste generated by the proposed rezoning. Drainage All developments are reviewed for compliance with county stormwater regulations which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge requirements of the county Stormwater Management Ordinance. Since the site is located within the M -I Drainage Basin and the Indian River Farms Water Control District (IRFWCD), development on the property will be prohibited from discharging any runoff in excess of two inches in a twenty-four hour period, which is the approved IRFWCD discharge rate. AUGUST 22, 2000 -35- BK 1 14 PG 66 1 • In this case, the minimum floor elevation level of service standards do not apply, since the property does not he within a floodplain. However, both the on-site retention and discharge standards apply. With the most intense use of this site under the proposed zoning district, the maximum area of impervious surface would be approximately 255,784 square feet, or 5.9 acres. The maximum runoff volume, based on that amount of impervious surface and the 25 year/24 hour design storm, and given the IRFWCD two inch discharge requirement, would be approximately 231,927 cubic feet. In order to maintain the county's adopted level of service, the applicant would be required to retain approximately 179,639 cubic feet of runoff on-site. With the soil characteristics of the subject property, it is estimated that the pre -development runoff rate is 19.41 cubic feet/second. Based upon staff s analysis, the drainage level of service standard would be met by limiting off-site discharge to the IRFWCD's maximum discharge rate of two inches in twenty-four hours, and requiring retention of the 179,639 cubic feet of runoff for the most intense use of the property. As with all development, a more detailed review will be conducted during the development approval process. Recreation Recreation concurrency requirements apply only to residential development. Therefore, this rezoning request would not be required to satisfy recreation concurrency requirements. Concurrency Summary Based upon the analysis conducted, staff has determined that all concurrency -mandated facilities, including drainage, roads, solid waste, recreation, water, and wastewater, have adequate capacity to accommodate the most intense use of the subject property under the proposed zoning district. Therefore, the concurrency test has been satisfied for the subject request. Generally, this rezoning is anticipated to have relatively minor impacts on environmental quality. Regardless of zoning district, any wetlands on the site are protected by federal, state and local regulations. While commercial development is subject to the county's 10-15% native upland plant community preservation requirement, agricultural uses are exempt from that requirement. Consequently, the proposed land use amendment will not have significant adverse impacts on important environmental resources. Compatibility with the Surrounding Area The following factors indicate that the CG zoning district is appropriate for the subject property: • The subject property is designated C/I on the County's Future Land Use Plan Map. • The subject property abuts a major road that is programmed for expansion to accommodate heavy truck traffic; • The entire site is within a quarter mile of SR 60; and • The site is bounded on three sides by commercial zoning. Since the site borders CG zoning on the north and west, the request is for a continuation of an existing zoning pattern. auGusT 22, 2000 BE I 4 P6 6 6 2 • -36- 0 The following factors indicate that development of the site under the CG district would be compatible with surrounding areas: 0 The provisions of the SR 60 Corridor Plan apply to development of the subject property. Those provisions include special standards regarding screening, landscaping, lighting, signs, colors, and architectural features. • The principal impacts of development of the subject property will be on the residentially designated, but currently undeveloped, land along the south boundary of the subject property. That land is currently zoned A-1 and consists of citrus groves. The subject property and the land to the south share a border for ±302 feet. The configuration of the southern parcel (nearly 20 acres with ±660 feet of road frontage and ±1,300 feet of depth) indicates that, if necessary, additional buffering can be provided on that site. • As M-1 designated land bordered by 82nd Avenue and commercial, multiple -family, mobile home, and agricultural zoning districts, land south of the subject property is likely to be developed as either a multiple -family project or as a Planned Development. Either of those development types increases site design flexibility and, therefore, opportunities to buffer or otherwise increase compatibility with the subject property. In other words, it is unlikely that single-family residences on large lots will abut the subject property. For these reasons, staff feels that general commercial development on the subject property would be compatible with surrounding areas. 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 policies and objectives. Future Land Use Element Policy 1.15 Future Land Use Element Policy 1.15 states that the commercial land use designation is intended for uses such as retail and wholesale trade, offices, business and personal services, residential treatment centers, limited residential uses, and other similar type uses. In addition, that policy states that all commercial uses must be located within an existing or future urban service area. Since the subject property is located within a commercial/industrial node within the county's urban service area, the request is consistent with Future Land Use Element Policy 1.15 - As part of the staff analysis, all policies in the comprehensive plan were considered. Based on this analysis, staff determined that the proposed zoning district is consistent with the comprehensive plan. AUGUST 22, 2000 -37- The requested zoning is compatible with the surrounding area, consistent with the comprehensive plan, meets all concurrency criteria, and does not adversely impact environmental quality. Most importantly, the subject property is located in an area deemed suitable for general commercial uses. For those reasons, staff supports the request to rezone the subject property to CG. Staff and the Planning and Zoning Commission Recommend that the Board of County Commissioners approve this request to rezone the subject property to CG by adopting the attached ordinance. GENERAL Applicant: Wayne D. Clayton Iscation: East side of 82nd Avenue, ±250 south of SR 60 Acreagti: ±7.3 Land t Jce Desi a ion: CA, Commercial/Industrial Existing 7nnin ; CL, Limited Commercial District, and A-1, Agricultural District (up to 1 unit/5 acres) Requested Zoning: CG, General Commercial District Fxisting T. nod I JJ -P; Vacant, wooded ADJACENT LAND NhAh: Gas station, convenience store, restaurant; zoned CG, General Commercial District Smah: Residentially designated (M-1) citrus groves; zoned A-1, Agricultural District East: Vacant, wooded; zoned CL, Limited Commercial District West: Truck stop, auto service center, zoned CG, General Commercial District INFRASTRUCTURE Water and sewer available; access from 82' Avenue ENVIRONMENTAL CONSTRAINTS 10/15% upland preservation requirement; possible wetland PUBLIC NOTIFICATION Staff Cnntaet: John Wachtel Date Advertised: August 9, 2000 # of Surrounding Proper Owners Notified: Date Notification Mailed: August 7, 2000 Date Sign Posted: August 7, 2000 STAFF RECOMMENDATION Staff supports the request PZC RECOMMENDATION Approval (7-0) AUGUST 22, 2000 r- PZC Recommendation • PZC voted 7 to 0 recommend approval Criteria Analyzed • Concurrency • Comprehensive Plan • Compatibility • Environment Comprehensive Plan • CommerciaUlndustrial land use designation • Future LAnd Use Element Policy 1.15 Environmental Impacts • Federel, state, & local wetland protection reqs • 10/15% upland preservation • No additional impacts AUGUST 22, 2000 -39- Clayton Rezoning Request CL, Limited Commercial, & A•1, Agricultural, to CO. General Commercial Background Location 4 f 1z-�yq'�v I�.y(+^i1f �fnsYyj south of SR 60 Vamt, wooded xkill Nearby uses j cps "A — truck step & am repair r 2$w l r.M" Concurrency • Potable Water Transportadon • Wastewater Roeteadoa • Solid Waste • Stormwater Management Compatibility • Appropriate — C11 land use designation — Cd & CL on 3 sides — 82nd Av. (Citrus Hwy.) & SR 60 • Compatible — SR 60 Corridor Plan — Small boundary with residential — Residential site design Aexi'bility Recommendation • Staff & the PZC reccommend that the BCC approve the request to rezone the subject property from CL & A-1 to CG. C'--71 onclusion • Compatible with surroundins area • Consistent with the comprehensive plan • No impacts on public facilities • No additional environmental impacts • Staff supports the request Community Development Director Bob Keating reviewed the project for the Board. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board unanimously adopted Ordinance 2000-027 amending the zoning Ordinance and the accompanying Zoning Map for ±7.3 acres located on the east side of 82°d Avenue, ±250 feet south of SR -60 from CL and A-1 to CG (Wayne D. Clayton). AUGUST 22, 2000 BK614PG666 -40- 0 • ORDINANCE NO. 2000- 0 2 7 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±7.3 ACRES LOCATED ON THE EAST SIDE OF 82m AVENUE, ±250 FEET SOUTH OF SR 60, FROM CL, LRAITED COMMERCIAL DISTRICT, AND A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES), TO CG, GENERAL COMMERCIAL DISTRICT; AND DESCRIBED HEREIN, AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; And WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: The west 10.82 acres of Tract 12, Section 1, Township 33 South, Range 38 East, as same is designated on the last general plat of lands of The Indian River Farms Company, filed in The Office of The Clerk of The Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said lands now lying and bing in Indian River County, Florida. Less and except therefrom: the north 280 feet; and the west 50 feet thereof. Be changed from CL, Limited Commercial District, and A-1, Agricultural District (up to 1 unit/5 acres), to CG, General Commercial District. 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. AUGUST 22, 2000 -41- Olt I 14 PG 667 0 ORDINANCE NO. 2000-0 2 7 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 22ad day of August, 2000. This ordinance was advertised in the Press -Journal on the 9'" day of August, 2000, for a public hearing to be held on the 22ad day of August, 2000, at which time it was moved for adoption by Commissioner G i n n , seconded by Commissioner T i p p i n , and adopted by the following vote: Chairman Fran B. Adams —Aye Vice -Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht A y e Commissioner Ruth M. Stanbridge Aye Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Cs:)7Qe2�!- qq noo-a'v� Fran B. Adams, Chairman ATTEST Bl� .�. Jeffrey K. Barton, 1 rk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins 11, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Ro ert M. Keating, aF Community Development Dir for 7 AUGUST 22, 2000 gum RAM= �rr�,ImWW-Z -42 0 - • 9.A.2. PUBLIC HEARING - HOVNANIAN COMPANIES OF FLORIDA, INC. (GORDON E. NUTT) - CONCEPTUAL PLANNED DEVELOPMENT SPECIAL EXCEPTION USE AND CONCURRENT PRELIMINARY PD APPROVAL FOR A 100 -LOT SINGLE-FAMILY DEVELOPMENT TO BE KNOWN AS SEASONS COMMUNITY 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 August 16, 2000: TO: James E. Chandler County Administrator DN ION HEAD CONCURRENCE: Robert M. Keating, AICP Community Development Direct r A•16- THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP Senior Planner, Current lvelopment DATE: August 16, 2000 SUBJECT: Hovnanian Companies of Florida, Inc.'s Request for Conceptual Planned Development (PD) Special Exception Use and Concurrent Preliminary PD Plan Approval for a 100 Lot Single -Family Development to be known as Seasons Community It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 22, 2000. AUGUST 22, 2000 -43- BK 114 PG 669 • DESCRIPTION AND CONDITIONS: On behalf of Hovnanian Companies of Florida, Inc., Kimley-Horn and Associates, Inc. has submitted an application for special exception uselconceptual PD plan and concurrent preliminary PD plan approval to construct a 100 lot single-family development located on a 37.20 acre parcel. The subject property is located at the southeast corner of CR 510 and Jungle Trail and is zoned RM -6, a zoning district which allows single and multi -family development at a density of up to 6 units per acre. • Planning and Zoning Commission Action At its regular meeting of July 13, 2000, the Planning and Zoning Commission voted 6-1 to recommend granting PD conceptual plan and special exception use approval, and to grant preliminary PD plan/plat approval subject to Board approval of the PD conceptual plan and special exception use request. While the LDRs require a minimum of 40.6% open space, which includes some credit for lake area, the Commission's action included an additional approval condition that the developer document that the project provides 50% green open -space. Please see the Planning and Zoning Commission minutes (attachment #5). In response to the Planning and Zoning Commission's open space condition, the applicant has provided staff with a detailed open space analysis. This is addressed in the open space section of this report. • PD Project Process As a PD project, the process involved in review and approval of this proposal is as follows: Approval Needed Reviewing Body 1. Conceptual Plan/Special Exception PZC & BCC 2. Preliminary PD Plan PZC 3. Land Development Permits (LDP) or Waiver Staff 4. Final PD Plat BCC The applicant is now requesting approval of the first two steps. If the conceptual plantspecial exception use is approved by the Board of County Commissioners, the preliminary PD approval will become effective. The applicant will then need to obtain a land development permit or a land development permit waiver for the required PD infrastructure improvements. ANALYSIS: Size of Development: 37.20 acres Zoning Classifications: RM -6 Residential Multi -Family (up to 6 units/acre): 34.99 acres CON -2 Conservation 2 (up to 1 unit/40 acres): 2.21 acres Total: 37.20 acres Land Use Designations: AUGUST 22, 2000 L-2, Low Density 2 (up to 6 units/acre) C-2, Conservation 2 (up to 1 unit/40 acres) • 4. Number of Units: Proposed: 100 units 5. Density.— Proposed: 2.70 units/acre Maximum Allowed: 5.67 units/acre (based on RM -6 & CON -2 zoning) 6. Open Space: Required: 40.6%* Provided: 54.9% *Note. The open space requirement is a weighted average of 34.99 acres of RM -6 at 40% and 2.21 acres of RS -1 at 50% open space. In response to the Planning and Zoning Commission open space condition, staff had the applicant provide a detailed green space calculation and exhibit. Initially, the open space analysis indicated that 49.04% green space was provided, which required the applicant to make some minor design changes. That information now shows that a minimum of 50% green space (does not include lake area) will be provided. Including the amount of lake area creditable for open space under the county's regulations, the project open space is 54.9%. In the open -space analysis, the project engineer assumed the largest possible home on every lot and assumed that every lot would be developed to the minimum setbacks allowed in the PD zoning district. This detailed analysis shows that the project's green space is at the 50% figure represented to the Planning and Zoning Commission, and is a conservative analysis that assumes each lot owner builds to his setbacks and occupies the entire building envelope with development. 7. Recreation Area: Required: 1.2 acres Provided: 1.53 acres Note: Recreation facilities will include a clubhouse, pool, and tennis facilities. 8. Stormwater Management: As with standard single-family subdivisions, the proposed stormwater management plan has been given conceptual approval by the Public Works Department. Final review and approval of the stormwater management plan will be accomplished through the land development permit or land development permit waiver Process. 9. Utilities: The project will be served by county water and sewer. These utility provisions have been approved by the Department of Utility Services and the Environmental Health Department. 10. Phasing: The applicant is proposing to build the improvements in a single phase. 11. Traffic Circulation: The project's only permanent vehicular access point will be on CR 510 and align with the entrance for the Old Orchid development to the north. The internal project road will branch off from the entrance at a traffic circle and then provide access to individual lots within the development. The internal circulation plan has been reviewed and approved by the Traffic Engineering Division. In addition to the permanent access point and in coordination with staff, the applicant is proposing an emergency access point to Jungle Trail. This emergency access provision is acceptable to Emergency Services, Public Works, and planning staff. Through the LDP process, the applicant will need to have the emergency access design approved by engineering and emergency services. The emergency access point will need to be constructed and inspected prior to the issuance of a certificate of completion for the project. AUGUST 22, 2000 -45- BK1I4PG671 • Consistent with county requirements, the applicant has submitted a traffic impact analysis (TIA), which has been reviewed and approved by the county's Traffic Engineering Division. The TIA indicated that the only off-site traffic improvement required by the applicant is an east bound right -tum lane on CR 510 at the project entrance. The proposed plans depict this tum lane improvement, which will need to be constructed prior to issuance of a certificate of completion for the project. 12. Proposed PD Waivers: Through the PD process, the applicant has requested the following waivers. The proposed waivers are compared with RM -6 zoning district standards or appropriate LDR criteria. The proposed waivers are as follows: W A I V E R S DESCRIPTION RM -6 CRITERIA (for lots) PROPOSED CRITERIA Lot Size 7,000 7,600 sq. ft. Lot Width 70' 65' north perimeter' 60' remaining lots Frontyard Setback 25' 20' interior lots2 15' certain comer lots Rearyard Setback 25' 10, q,3 Sideyard Setback 10' 7.5' north perimeter lots" 5' remaining lots Pool Setback Rearyard 10' 57107156 Decks and Screen Enclosures 5' 275', 10715i6 Minimum Openspace per Lot 40% 20% Right -of -Way Width 50' 40' Building Coverage Per Lot 30% 23% to 57.3%7 Note: RM -6 zoned sites may be site planned for attached units with "U" separation oetween units at a density of up to 6 units/acre. Also, note that although the minimum open space allowance is reduced on individual lots, overall project open space will be 54.% (more than the required 40.6%). 1 For lots along the north property line, the minimum width will be 65'; for all remaining lots, the minimum width will be W. 2 For corner lots, the setback for the frontyard with the greatest frontage is reduced to 15'. 3 For the north, east and south perimeter lots (6-52), the rearyard setback will be 25' for principal structures. Interior lots will ha%e a 10' rearyard setback for all principal structures. _ There are no proposed rear yards along Jungle Trail. For the lots along the north perimeter (lots 6-18). the sidevard setback will be 75. For all other lots in the project, the sideyard setback will be 5'. The sideyard setbacks along the west property line will be 5' in addition to the 30' Jungle Trail buffer. s The rearyard pool setback for all interior lots (1-5 and 53-100) will be 5% for all perimeter lots except the north perimeter lots (19-52), the rearyard pool setback will be 10', and for the -north perimeter lots (6-18), the rearyard pool setback will be 15'. AUGUST 22, 2000 I • The rearyard setback for decks and screen enclosures for all interior lots (1-5 and 53-100) will be 2': for all perimeter lots except the north perimeter lots (19-52), the rearyard setback will be 10' for screen enclosures, and 5' for decks, and for the north perimeter lots (6-18), the rearyard setback will be 15' for decks and screen enclosures. Lot coverage ranges from 57.3% for the largest model on the smallest lot to 23% for the largest model on the largest lot. 13. Environmental Issues: Uplands: Since the site is over 5 acres, it is subject to the native upland setaside criteria of section 929.05. However, environmental planning staff has verified that most of upland area land is citrus, with only a small amount of native vegetation along Jungle Trail. The native vegetation along Jungle Trail does not constitute a native community since it is heavily mixed with nuisance exotics. Therefore, no native upland community exists, and no setaside is required. Wetlands: A total of 5.61 acres of the 37.2 acres project site is wetland area. There are two different types of wetlands on the subject site; estuarine wetlands and palustrine wetlands (freshwater non -tidal). The estuarine wetland is 2.21 acres in size and characterized by mangrove growth. The applicant is not proposing to impact the mangrove wetland area. The applicant is, however, proposing to impact approximately 3.40 acres of the freshwater wetland and mitigate that impact by wetland creation, wetland enhancement, wetland/upland buffer creation, and a conservation easement. The mitigation will be approved through the wetland permitting process with the St. John's River Water Management District and Indian River County. Any required conservation easement will need to be granted prior to or via the final plat. 14. Archeological Issues: The county's Archeological Survey lists the project area as having a high potential for archeological resources; therefore, staff required the applicant to conduct an archeological investigation and prepare a site specific archeological report for the site. The applicant had such a report prepared and the report revealed the presence of a substantial midden. The findings of the report have been reviewed by the county's Historical Resources Advisory Committee (HRAC). The minutes of the committee meeting are attached to the staff s report. As a result of its review, the HRAC has recommended that: a. An archaeologist be required to be on site during the course of horizontal construction, and that a Phase III investigation be conducted in those resource area that will be disturbed and inaccessible in the future. b. A permanent "display" be required to be developed by the applicant to display artifacts recovered on site, educate the residents of the development on the archeological resources, and to provide for limited public access to the resources. This "display" needs to be reviewed by the HRAC, and the applicant needs to make artifacts available to the county for future display. HRAC also recommended that county staff coordinate with the State Historic Preservation Office (SHPO) concerning the project. Staff has contacted SHPO staff, and SHPO is satisfied with HRAC's recommendations. The SHPO is also a commenting agency on St. John's River Water Management District and Army Corps of Engineers permits associated with the project and therefore will have input with those agencies before wetland alteration permits are issued. AUGUST 22, 2000 -47- 6K 9 9 4 PG 673 • To ensure proper treatment of archeological resources, staff and the Planning and Zoning Commission recommend that conditions a and b be trade a condition of the PD special exception use approval. To that end, the recommendation at the end of this report contains these conditions. 15. Jungle Trail: The site's western boundary fronts Jungle Trail, a county designated "scenic and historic" road. Along the northern sections of the site's Jungle Trail buffer, the applicant proposes to remove Australian Pines, preserve all existing cabbage palms and replant the buffer with understory material. A 6' high black vinyl clad chain link fence will be installed in the outer 10' of the 30' buffer area (in the upland portion of the buffer area). The center section of the site's Jungle Trail frontage is an estuarine wetland area, which will be preserved. Along the site's southern Jungle Trail boundary, there is no existing native vegetation and all the existing material (non-native)wW be removed and replaced by native upland vegetation. In addition, a 6' high black vinyl clad chain link fence will be installed along the outer 10' of the 30' buffer. The Jungle Trail planting plan has been reviewed by the county's environmental planning staff and has been determined to be in and compliance with the Jungle Trail management plan. 16. Buffers & Setbacks: North Perimeter. The applicant is constructing a 6' high masonry wall with a Type "C" buffer planted on the CR510 side of the wall. The homes will be set back 40 feet from the CR 510 ultimate right-of-way line. West Perimeter: A 30' Jungle Trail buffer is proposed as described in the Jungle Trail buffer section. There will be only 3 homes within the project adjacent to the buffer. The buffering will be as described in the Jungle Trail buffer section (above). South and East Perimeters: The applicant is proposing a Type "C" buffer along the south and east perimeters as a compatibility measure to buffer against the proposed 60' wide lots. The Type "C" buffer is consistent with PD ordinance requirements and is acceptable to staff, since the south perimeter is adjacent to Bermuda Club multi -family buildings and the east side is adjacent to the Disney Resort. 17. Dedications and Improvements: CR 510 Turn Lane: As indicated in the traffic impact analysis, an east bound right -tum lane on CR 510 is required at the project entrance. The tutu lane is shown on the PD plans and will need to be constructed and inspected prior to the issuance of a certificate of completion. External Sidewalk The county's sidewalk and bikeway plan requires an 8' wide pedestrian path along the site's CR 510 frontage. The sidewalk is shown on the PD plans and will need to be built or bonded out prior to the issuance of a certificate of completion. Ultimate Right -of -Way for CR 510. The county's Thoroughfare Plan designates CR 510 as a major collector roadway which requires 160' of right-of-way. Since there is 80' of right-of- way existing, an additional 80' of the right-of-way is needed and 40' of right-of-way from this property is necessary as its fair share portion of the necessary additional 80'. The applicant's Plans accommodate an acquisition of the additional 40' by the county. The right-of-way will be acquired outside of the development approval process. AUGUST 22, 2000 BK 114 PG 674 Internal Pedestrian System: An intemal pedestrian system is required for planned developments. The applicant is proposing a sidewalk system along one side of the internal roads, and this is acceptable to staff. This sidewalk system will need to be built or bonded out prior to the issuance of a certificate of completion. Emergency Access: As referenced in the traffic section of this report, an emergency access connection to Jungle Trail is required. The final engineering design for this access will need to be approved by Emergency Services and Engineering prior to the issuance of an LDP. The connection will need to be built and approved by Emergency Services and Engineering prior to the issuance of a certificate of completion. Wabasso Corridor. The site is located within the Wabasso Corridor and must comply with the Wabasso Corridor Plan criteria. The proposed plan meets the CR 510 buffer requirements of the Wabasso Corridor Plan and the recently adopted Wabasso Corridor Plan East buffer criteria. Any project entry feature and guardhouse will be subject to the recently adopted Wabasso Corridor Plan CR 510 East criteria. 18. Surrounding Land Use and Zoning: North: CR 510, Old Orchid PD, Oceanaire Heights/PD, RT -6 South: Bermuda Club/RM-6 East: Disney Resor" -6 West: Jungle Trail, Grove/A-1 RECOMMENDATION: Based upon the analysis, staff recommends that the Board of County Commissioners grant special exception use and conceptual PD plan approval, and approve the requested waivers, with the following conditions: 1. That prior to the issuance of a land development permit: a. The applicant must obtain approval from Emergency Services and Engineering for the final design of the emergency access to Jungle Trail, and b. The applicant shall obtain the necessary county and jurisdictional permits required for the wetland impacts, and C. The applicant shall provide a plan for display and presentation of archeological resources onsite and for making the artifacts available for public display and shall obtain HRAC approval for said display. 2. That an archaeologist be onsite during the construction process. 3. That prior to issuance of a certificate of completion for the project: a. All required improvements identified in section 17 (dedications and improvements) of this staff report shall be complete, and b. All required buffers shall be complete. 4. That prior to or via the final plat, a conservation easement shall be established for the preserved wetlands area, as depicted on the PD plans. AUGUST 22, 2000 -49- BK 114 PG 675 r c TOWN OF ORCHID 1.17 AC 11.21 AC Omm 00000 mm AZ 00001.0 GOV. LOT 4 MI CHAELA-1 CREED' to 20.0 AC t , fog AC 00=. owow PD a RT -6 0 GOV. LOT 5 4 ! - —��NTI R4CO SA TAE iYaTERFY�}' moon 000Oo SPOIL' ISLAND � No. 22jok d 27D7 At RM -6 AS -6 CN C.R. 510 *m ■ m mom o W AD FLORDA REACH RESORT SUB PAd H -A FOB= c RM -6 --a GOV. LOT 2 GOV. LOT 6 OAKS I RIPER HOMES so 0.2 ,o -R C7 Planning Director Stan Boling reviewed the project for the Board with particular emphasis on the buffering plans for Jungle Trail, the proposed additional emergency entrance on Jungle Trail, and the buffering on CR -510. Discussion then ensued regarding the archeology requirements for the project, and Commissioner Stanbridge directed staff to add to their Condition 2 the requirement that the archeologist be present during all horizontal and/or vertical construction. Commissioner Macht also requested a provision that all recovered artifacts be turned over to the Historical Society. He asked Commissioner Stanbridge if the Historical Society would accept those artifacts for care, and Commissioner Stanbridge responded that they would. Discussion followed regarding the artifacts that are to be displayed by the applicant and whether or not such displays would be available to the general public. Director Boling responded that the displays would be available to the general public if they would be allowed through the gate to the project. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Lynn Kiefer with Kimley-Horn clarified that the northern part of the Jungle Trail buffer zone is already densely vegetated but any gaps could be filled in. They are proposing to remove Brazilian peppers and Australian pines and plant all native vegetation. Chairman Adams then questioned whether the drainage ditch will be maintained, and Ms. Kiefer responded that it would. AUGUST 22, 2000 -51- BK 114 PG 677 Jonathan Rapaport with Hovnanian Co. then showed some architectural drawings of the proposed project. Chairman Adams questioned the size of the lake, and Mr. Rapaport responded that the lake will cover 2 acres. Commissioner Ginn wanted to be certain that the homeowners will be aware that the lake is a stormwater lake and questioned how the lake will be treated. Mr. Rapaport replied that the homeowners' documents for the project will specify how the lake is to be cared for. He then focused discussion on the height requirements for the gatehouse and presented several differing views illustrating cupolas, overhangs and roof features at different heights from the maximum hoped for at 22 -feet through the required 20 - foot height. Director Keating explained that the building permit for this gatehouse was applied for subsequent to the adoption of the Wabasso Corridor East Plan requirements about one month ago. After discussion, Chairman Adams noted that the applicant would have to go through a variance application process in order to raise the height of that roof, and Commissioner Macht comments that is a very expensive process just to include a cupola. CONSENSUS was reached to direct staff to bring back recommendations regarding cupolas and other similar items in order that the LDRs might be clarified as to these items. Ray Puzzitiello with Hovnanian Co. noted that the existing ditch on the north portion of Jungle Trail takes water from CR -5 10, which then flows through their property and out to the river. County staff had requested that the ditch be left alone so all plants are being put behind the ditch. It is 40' from their property to Jungle Trail on the north side. There is no drainage ditch on the south side and Jungle Trail is 20' from their property line. AUGUST 22, 2000 -52- 4 -I 0 After a request from County Attorney Bangel for copies of documents being used to illustrate plantings and buffers, discussion ensued regarding documentation submitted to staff that was not in the backup materials presented to the Board. Director Boling assured the Board that they would receive copies of everything presented to staff and Commissioner Ginn requested a continuance of the public hearing until the Board has had a chance to examine all the documentation. MOTION WAS made by Commissioner Ginn, SECONDED by Commissioner Macht, that the Board continue the public hearing until September 12, 2000. Commissioner Tippin did not feel a necessity to continue the hearing and felt the backup had contained sufficient information. THE CHAHWAN CALLED THE QUESTION and the Motion passed by a 4-1 vote (Commissioner Tippin opposed). AUGUST 22, 2000 BK 114 PG 679 -53- 9.A.3. PUBLIC HEARING - ORDINANCE 2000-028 AMENDING THE LAND DEVELOPMENT REGULATIONS (LDRs): CHAPTER 911, ZONING (FREE-STANDING SIGNS NEAR I-95 IN THE SR -60 CORRIDOR) 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 August 15, 2000: TO: James E. Chandler County Administrator D ION HEAD CONCURRENCE: W/ Robert M. Keating, AIC Community Development Direc r %.6 FROM: Stan Boling, AICP Planning Director DATE: August 15, 2000 SUBJECT: LDR Amendment Follow-up Hearing: Free-standing Signs Near I-95 in the SR 60 Corridor It is requested the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting on August 22, 2000. DESCRIPTION AND CONDITIONS: At its July 18, 2000 meeting, the Board of County Commissioners considered 5 land development regulation (LDR) amendment ordinances that address various topics, and granted final approval and adoption of 4 LDR ordinances. However, final action was not taken on the ordinance regarding free- standing signs near I-95 in the SR 60 corridor. Rather, the Board voted 4-1 to approve as an interim measure (pending ordinance) one of the three alternative free-standing sign ordinances discussed at the July 18' meeting and directed staff to draft specific landscaping requirements for areas around the sign and sign pole bases of taller free-standing signs (see attachment #1). Staff has now drafted such specifications, prepared two alternative ordinances, and has advertized and scheduled a public hearing for final action at the Board's August 22, 2000 meeting. The Board is now to consider the revised, alternative ordinances and is to adopt one of the alternatives with or without modification. AUGUST 22, 2000 -54- ANALYSIS: Consideration of an LDR amendment regarding free-standing signs near I-95 was the result of a request filed by Attorney Bruce Barkett on behalf of Paradise Petroleum, Inc. At the July 18' Board meeting, staff reported that the SR 60 Task Force, Professional Services Advisory Committee (PSAC), Planning and Zoning Commission (PZC), and staff agreed with the petitioner that a change to the LDRs is warranted to create a transition between 50' tall 300 sq. ft. signs near I-95 and 10' tall 50 sq. ft. signs for sites located more than 1,000' from the I-95 ramps. At that meeting, the Board was presented with ordinance options to allow taller and larger free-standing signs on sites located from 1,000' to 2,000' of the 1-95 ramps. The Board agreed that a transition was needed, and determined that the ordinance needs specific landscaping standards to ensure that the sign and sign pole bases for taller free-standing signs (i.e. signs over 10' tall) would be fully or partially screened from view of the adjacent roadway. Staff has prepared two alternative ordinances, each containing the same landscaping standards for screening the sign and sign pole bases of taller signs. The "Option A" ordinance follows staffs July 181 recommendation to establish a single transition "zone" by allowing signs up to 20' tall and 100 sq. ft. in area on sites located between 1,000' and 2,000' from the I-95 ramps. The "Option B" ordinance follows the SR 60 Task Force's July 18'h recommendation to establish two transition "zones" by allowing 20' tall/100 sq. ft. signs in the 1,000' to 1,500' area and 15' tall/75 sq. ft. signs in the 1,500' to 2,000' area. Both proposed ordinances include graphics that would be included in the actual LDR code. In regard to landscaping standards, staff has drafted standards that are contained in each ordinance option and propose the following: Signs over 20' tall (20' to 50' tall, on sites within 1,000' of I-95 ramps) Screen the sign base and sign pole base from view of the adjacent roadway by planting around the base: • 3 Canopy trees • 3 Understory Trees • Continuous Hedge 4' High at Planting Signs over 10' tall and less than 20' tall (from 1,000' to 2,000' of I-95 ramps) Screen the sign base and sign pole base from view of the adjacent roadway by planting around the base: • 3 Understory Trees • Continuous Hedge 3' High at Planting It should be noted that the existing SR 60 and Chapter 926 landscaping regulations require that canopy trees have a planting a minimum height of 12' and minimum spread of 6', and require that understory trees have at planting a minimum height of 5'. Also, it should be noted that 100 sq. ft. of green area with a minimum dimension of 10' is required for each canopy tree, per existing Chapter 926 requirements. The proposed landscape specifications are designed to ensure low to mid-level screening of sign and sign pole bases for signs 10' to 20' tall and to ensure low, mid-level, and higher-level screening of sign pole bases for signs 20' to 50' tall. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the "Option A" ordinance for free- standing signs near I-95 in the SR 60 corridor. AUGUST 22, 2000 -55- y Planning Director Stan Boling presented 2 proposed ordinances for the Board's consideration, one containing the staff recommendation and one containing the Task Force recommendation. Chairman Adams stated that she continued to like Option A which was staff's recommendation. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. Commissioner Ginn still preferred Option B, the Task Force's recommendation. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Macht, the Board, by a 4-1 vote (Commissioner Ginn opposed) adopted Option A for Ordinance 2000-028 amending the Land Development Regulations (LDRs): Chapter 911, Zoning (Free-standing Signs Near I-95 in the SR -60 Corridor), with the addition of language to allow signs over 20 feet in height with a 3 -foot hedge. auGusT 22, 2000 BK1 I4 pG 682 -56- ORDINANCE NO. 2000--L2 8 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 911, ZONING; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. LOB zoning Chapter Section 911.19(10)(e) is hereby amended as follows: (e) Reduction in sign sizes and dimensions: Modifications to Table 1 (freestanding signs) and Table 2 (wall signs), Schedule of Regulations for Permanent Signs Requiring Permits, sign ordinance. 1. Freestanding signs: Maximum cumulative signage: Reduce to fifty (50) percent of what is allowed in Table 1, except for I-95 signs as described in iii, below. ii. Maximum signage on a single face: Reduce to fifty (50) percent of what is allowed in Table 1, except for I-95 signs as described in iii, below. iii Maximum height. Reduce to thirty (30) percent of what is allowed in Table 1, but no less than six (6) feet and no greater than ten (10) feet. Maximum height and size modifications do not apply to properties located within one thousand (1,000) feet of I-95 entrance or exit ramps where an applicant demonstrates that a taller proposed sign is oriented so as to be seen by I-95 motorists approaching the SR 60 interchange. For properties located between 1.000 feet and 2.000 feet of I- 95 entrance or exit ramps. a maximum sign height of 20 feet and a maximum sign area of 100 square feet shall be allowed. Any pole for such a sign shall be colored dark bronze, black, or dark green. All other special restrictions and prohibitions shall apply. Coding: Wards in MOAw dw&agh type are deletions from existing law. Words underlined are additions. AUGUST 22, 2000 -57- BK 114 PG 683 n ORDINANCE NO. 2000-q2 8 a. Sign base and si1M Dole base landscanmg for signs allowed to exceed 20 feet in height. sign bases and sign pole bases shall be screened from view of the adjacent roadway with a minimum of three (3) canopy trees three (3) understory trees. and a continuous heti eg_having a height at planting of at least 3 feet above grade. For signs allowed to exceed 10 feet in height but limited to a height of 20 feet, sign bases and sign pole bases shall be screened from view of the adjacent roadway with a minimum of three (3) understo1y trees and a continuous hedge having, a height at planting of at least 3 feet above grade (See Figures F-14 and F-15 at the end of section 911,19). iv. For development involving sites of forty (40) acres or more the ten (10) feet sign height requirement may be waived by the Board of County Commissioners if the development project applicant prepares and the &lard of County Commissioners approves a sign package that reduces the total sign area otherwise allowed under the corridor plan and sign ordinance by ten (10) percent or more. Outparcels on larger sites shall comply with the six (6) feet to ten (10) feet height limitations specified above. V. Required setbacks from property lines or right-of-way: One (1) foot subject to satisfaction of sight distance requirements. vi. Number of allowable signs per street frontage: No change from Table 1, Footnote #2 of Table 1 shall be modified, requiring a minimum of two hundred (200) feet of separation between signs along the same street frontage. 2. LDR zoning Chapter Section 911.19(10)(h)l.i is hereby amended as follows. 1. Freestanding signage: All freestanding signs iestricted to a maximum height of no more than 10 feet shall be of a wide -based monument style. Pole signs are discouraged, but may be permitted when the supporting structures are completely screened from view with landscaping or berm features. Said landscaping and/or berming shall cover and screen the entire area beneath the sign at time of certificate of occupancy (C.O.) issuance. Coding: words in she-dweeo type are deletions from existing law. wards underfin are additions. AUGUST 22, 2000 -58- 1.1 ORDINANCE NO. 2000- 028 3. REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are he repealed to the extent of such conflict. All Special Acts of the legislature applying only treby o the unincorporated portion of Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 4. CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. S. SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such Portions hereof and it shall holdings shall not affect the remaining be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 6. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press -Journal on the 5th , , 2000, for a public hearing held on the 181 day of July 2000, and was advertised m day of the Vero Beach Press -Journal on the _ day o f A u o u s t , 2000, for a public hearing to be held on the 220d day of August 2000. at which time it was moved for adoption by Commissioner 4 tom; Bonded by Commissioner M a c h t and adopted by the following vote; The ordinance was adopted by a vote of : Chairman Fran B. Adams Vice Chairman Caroline D. Ginn Commissioner Kenneth R. Macht Commissioner John W. Tippin ---4Lp Nay Aye Aye Commissioner Ruth M. Stanbridge Aye AUGUST 22, 2000 -59- I ORDINANCE NO. 2000- 0 2 8 The Chairman thereupon declared the ordinance duly passed and adopted this 2 2nd day of August ,2000. Attest: J.K. Barton, Cle B Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Filed with the Florida Department of State on the qday of , 2000. APPROVED AS TO LEGAL FORM William G. Collins Deputy County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP Community Development ire ;t/ 7 AUGUST 22, 2000 6 8 6 • 0 I AUGUST 22, 2000 20' Tall 100 Sq. Ft. 10' Tall rMFM 0-1,000 1,000-29000 2,000+ (Rest feet feet of corridor) F-14 PA RK ING B U F F E R Sign/ PoleHedge Base O O N%"%. Canopy Tree vv O Understory Tree Property Line Roadway Sample Landscape Layout F-15 -61- GK 114 PG 687 9.A.4. PUBLIC HEARING - RESOLUTION 2000-088 CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO 28" AVENUE (NORTH OF 4" STREET) (PROJECT NO. UW -99 -06 -DS) - 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 August 11, 2000: DATE: AUGUST 11, 2000 TO: JAMES E. CHANDLER COUNTY ADNM41STRATOR FROM: DONALD R. HUBBS, P.E. I DIRECTOR OF U UXrY PREPARED JAMES D. AND STAFFED MANAGER O OL PROJECTS BY. DEPARTMENT OF UTILITY SERVICES SUBJECT: 28 TH AVENUE ( NORTH OF 4'HM PETITION WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW 994)&DS RESOLUTION III PUBLIC HEARING BACKGROUND On August 1, 2000, the Indian River County Board of County Commissioners approved Resolution I (2000-080), and Resolution Il (2000-081). Resolution I contained the preliminary assessment roll describing the project and cost. Resolution II set the date of the public hearing for the subject project Property owners have been notified of the public hearing by mail. Resolution I (2000-080) was published in the Vero Beach Press Journal on August 5, 2000. (See attached agenda item and minutes of the above meeting - EXHIBIT 1, Plat Map MMIT 2, -Estimated Project Cost and Preliminary Assessment Roll EXHIBIT'S 3& 4) AUGUST 22, 2000 -62- ANALYSIS There are 6 non- platted residential lots, which may benefit from this proposed water line on 2e Avenue. The petition has been signed by four of the owners (67%). The properties are from 0.23 acre to 0.42 of an acre. Due to lake and wetland areas, which reduce the usable land areas, staff has made adjustments to the square footages proposed for assessment, to the 4 properties along the west side and north of 28' Avenue. The attached map displays the area to benefit from the assessment project. The 2 lots abutting 4th Street were provided service in the Phase I Water Project, which was completed on January 12,1993 and are not included. ( see attached EXHIBIT 2- Plat Map). Indian River County's Comprehensive Plan states, "The County's water system shall be expanded to supply the potable water needs of the eastern half of the County during the period 1986- 2005."(See attached EXHIBIT 5, page 4 of the Potable Water Sub -element, and page 22 of the Sanitary Sewer Sub -element). Twenty Eighth Avenue is a private street, and the owners have provided the County with the necessary utility easement Design of the water distribution system is complete and has been provided by staff. An evening informational meeting was held, for the benefit of the property owners on August 9, 2000. Approval of the attached Resolution III will confirm and approve the preliminary assessment The attached map displays the area to benefit from the assessment project The total estimated project cost and amount to be assessed, including engineering and administration is $ 18,795.00. The estimated cost per square foot is S 0.256861 (rounded),(See attached Estimated Project Cost -and Assessment Roll -EXHIBITS 3 & 4). This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be from the Assessment Fund No. 473-000-169-372.00. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Resolution III, which affirms the preliminary assessment roll on the subject property. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. AUGUST 22, 2000 -63- • ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously adopted Resolution 2000-088 confirming the special assessments in connection with a water main extension to 28'h Avenue (north of 4' Street - Project No. UW -99 -06 -DS). Public Hearing (Third Reso.) RESOLUTION NO. 2000-088 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO 28TH AVENUE (NORTH OF 4TH STREET); PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2000-080, adopted August 1, 2000, determined to make special assessments against certain properties to be serviced by a water main extension to the area of 28"' Avenue north of 4t' Street; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published in the Vero Beach Press Journal, as required by Section 206.04, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 2000-081 on August 1, 2000, and set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Friday, August 4, 2000, and once again on Friday, August 11, 2000 (twice one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and AUGUST 22, 2000 BK 0 I 4 PG 690 0 -64- I. WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, August 22, 2000, at 9:05 a.m. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1.. The foregoing recitals are affirmed and rated in their entirety. 2. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 3. The Board finds that the properties assessed by this resolution will receive special benefits equal to or greater than the cost of the assessment. 4. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner G i n n , and the motion was seconded by Commissioner S t a n h r i d g e , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Vice Chairman Caroline D. Ginn A v e Commissioner Kenneth R. Macht Ave Commissioner John W. Tippin Aye Commissioner Ruth Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this 22nd day of August, 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: J. K. Barton2)txj.1= Cl� 04G_,q Fran B. Adams Deputy CI Chairman Attachment: ASSESSMENT ROLL (to be recorded on Public Records) AUGUST 22, 2000 -65- 6K 114 PG 691 • PARCEL # 15 33 39 00001 0080 00019.1 SQ. FT. 13,068 ASSESSMENT 3,358.85 OWNER GANCHER, SUSAN M 455 28TH AV VERO BEACH, FL 32968-2034 LEGAL IND RIV FARMS CO SUB PBS 2-25 FROM NE COR OF TR 8, RUN W ON N LINE OF SAID TR 8, 25 FT TO W R/W LINE OF EMERSON AVE. TH S ON W RNV 995 FT. TH W 555 FT TO POB TH W 60 FT. TH N S FT. TH W 73 FT. TH N 150 FT. TH E 73 FT. TH S 15 FT. TH E 15 FT. THS11 FT. THE25FT. THS35FT, THE20FT, THS94FT TO POB (OR BK 625 PP 2829 ) PARCEL # 15 33 39 00001 0080 00019.2 SQ. FT. 13,068 ASSESSMENT 3,358.65 OWNER SEERAM, RABINDRANAUTH E & JANET 465 28TH AV VERO BEACH, FL 32968.2034 LEGAL IND RIV FARMS CO SUB PBS 2-25 FROM NE COR OF TR 8 RUN W ON N LINE OF TR 8, 25 FT TO W RNV LINE OF EMERSON AVE. TH S 990 FT. TH W 815 FT. TH W 73 FT TO POB. TH N 100 Fr. TH W 112 FT. TH S 100 FT, TH W 15 FT, TH S 55 FT, TH E 87 FT, TH N 55 FT, TH E 40 FT TO POB (OR SK 656 PP 681) PARCEL # 15 33 39 00001 0080 00020.0 SQ. FT. 13,068 ASSESSMENT 3,356.65 OWNER JETTE, LEON J & ALMA P. 445 28TH AV VERO BEACH, FL 32968-2034 LEGAL IND RIV FARMS CO SUB PBS 2-25 FROM NE COR OF TR 8 RUN W ON N BNDRY LINE OF SAID TR 8 25 FT TO W RNV UNE OF EMER- SON MERSON AVE TH S ON W RNV UNE OF EMERSON AVE 990 FT RUN W 615 FT TO POB. RUN W 113 FT RUN S 55 FT RUN W 37 FT RUN RUN S 42 FT RUN ELY TO PT 100 FT S OF POB RUN N 100 FT TO POB. AS R SK 83 PP 190 PARCEL # 15 33 39 00001 0080 00021.0 SQ. FT. 13,088 ASSESSMENT 3,358.65 OWNER COLUMBARO, RAY 425 28TH AVE VERO BEACH, FL 32968-2034 LEGAL IND RIV FARMS CO SUB PBS 2-25 FROM NE COR OF TR 8 RUN W ON N BNDRY LINE OF SAID TR 8 25 FT TO W RNV LINE OF EMER- SON MERSON AVE TH S ON W RNV UNE OF EMERSON AVE 990 FT RUN W 615 FT RUN S 110 FT TO POB RUN W 150 FT RUN S 100 FT THENCE RUN E 150 FT THENCE RUN N 100 FT TO POB AS IN R BK 42, PP 421. LESS SLY 10 FT & ALSO FROM NE COR OF TR 8 RUN W ON N UNE OF SAID TR 25 FT TO R/W UNE OF EMERSON AVE THENCE RUN S 990 FT RUN W 615 FT S 100 FT TO POB. THENCE RUN W 150 FT RUN S 13 FT RUN ELY 150 FT MORE OR LESS TO PT 10 FT S OF POB. RUN N 1 FT TO POB. AS IN R BK 67. PP 20 AUGUST 22, 2000 EXHIBIT 4 IK 114 PG 692 • I 5 33 39 00001 00 0 00025.0 SQ. FT. 10,010 ASSESSMENT 2,571.17 PARCEL 9 1 OWNER LEGGETT, DORO C. COOK 1932 28TH AVE VERO BEACH. FL 32980 LEGAL IND RIV FARMS C O SUB PBS 225 FROM NE COR OF TR 8 RUN W ON N BNDRY LIN OF SAID TR 8 25 FT TO W Rf W LINE OF EMER- SON AVE TH S R JA S ON W W UNE 1100 FT RUN W 480 FT TO POB. RUN W I IC FT RUN S 100 FT RUN E 110 FT RUN N 100 FT TO POB. AS IN D SK 110 PP 30, LESS PARCEL AS DESC IN R BK 179 PP 128 (OR BK 387-488, 449-824) PARCEL * 15 33 39 00001 CH 180 00028.0 SQ. FT. 10,890 ASSESSMENT 2.79721 OWNER SENNETT, DAVI N. & PATRICIA A. 435 27TH DR VERO BEACH, F 32980 W LEGAL IND RIV FARMS ON N LINE OF SLQD O SUB PBS 225 FROM NE COR OF TR 8 RUN TR 8 25 FT TO W RNV LINE OF EMER- MERSON SONAVE TH R S ON SAID RNV UNE OF EMERSON AVE 995 FT . RUN W 480 FT O POB. RUN W 110 FT RUN S 99 FT RUNE 110 FT THENCE RUN N !9 FT TO POB. AS IN R BK 118, PP540 TOTAL SQU FOOTAGE 73,172 TOTAL ESTIMA AMOUNT TO BE ASSESSED $18,795.00 7-14.2000 J.D.C. 28THAV1 AUGUST 22, Sfl ou I 14 PG 693 9.A.5. PUBLIC HEARING - CONSIDERATION OF 6¢ LOCAL OPTION GAS TAX REVENUE DISTRIBUTION FORMULA - (TOWN OF INDIAN RIVER SHORES; TOWN OF ORCHID; CITY OF FELLSMERE, CITY OF SEBASTIAN; AND CITY OF VERO BEACHI 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 August 14, 2000: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director =� SUBJECT: Public Hearing to Consider 64, Local Option Gas Tax (LOGT) Revenue Distribution Formula DATE: August 14, 2000 DESCRIPTION AND CONDITIONS As required by Chapter 209 of the Indian River County Code, the "method of distribution of the local option gas tax revenue shall be reviewed and a public hearing held at least every two years by the Parties to the Agreementp (which include the County and all five municipalities). To accomplish this requirement, staff has contacted the City Managers of all five municipalities for the purpose of collecting gas tax distribution formula data and informing them of the hearing. All municipalities have submitted current formula data. ALTERNATIVES AND ANALYSIS Staff has inserted all recent data into the three parameter LOGT formula. (see attached chart) Distribution percentages change slightly. AUGUST 22, 2000 -68- 0 • RECOMMM TIONS AND FUNDING Unless contrary input is received at the Public Hearing, staff recommends that the Board retain the current LOGT distribution formula. The new distribution percentages as shown on the 2000 LOGT chart shall be sent to the state for FY01/02 Fiscal Year. Letters to five municipalities with chart attached. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Rich Stringer, City of Sebastian, believed that the County Code calls for an annual calculation rather than every 2 years and felt that would be more equitable because of the rapid growth taking place in North County. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. Director Davis explained that the lag is caused by the difference between the County and the State fiscal years which do not coincide. County Attorney Bangel stated the Code provision does not really specify except that it calls for an effective date on September V of every year. Staff was directed to research the problem and advise the Board. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously retained the current LOGT distribution formula with the new distribution percentages as shown on the 2000 LOGT Chart, as recommended by staff. AUGUST 22, 2000 -69- BK 1IPG695 96/97 $ 11,892,662 $ 2,239,959 $ 899,467 $ 2,699,028 No figures $ 89,574 ' 95/96 $11,609,464 $ 2,562,782 $ 331,504 $ 2,431,201 $ 69,458 94/95 $12,105,310 $ 3,246,093 $ 238,733 $ 2,128,824 $111,405 Sub -Total $71,122,175 $12,754,239 $3,249,112 $13,988,438 $0 $ 364,006 $101,477,97r Average 70.08% 12.57% 3.20% 13.79% 1-3 .36% 1000/0 POPULATION (1999) 70,425 17,907 2,600 N N 150 2,790 109,579 INDIAN RIVER COUNTY POPULATION % 64.27% 16.340/a 2.370/6 14.33% 0.140/6 LOCAL OPTION GAS TAX DISTRIBUTION FORMULA 100 % N O APRIL, 2000 O O ITEM INDIAN RIVER VERO BEACH FELLSMERE SEBASTIAN ORCHID INDIAN RIVER TOTAL 1.060/a 1000/0 COUNTY (PROPOSED FOR 2001) SHORES # Lane Miles 1347.46 244.1 54 287.4 0 5.72 13.0650% # Bridges 78 $ 0 5 0 0 Equiv. Lane 1503.46 260.1 54 297.4 0 5.72 2120.69 70.9(r 12.26% 2.55% 14.02% 0.000/0 00.27% 100% Transportation Expenditures 98/99 $18,700,809 $ 2,593,326 $ 780,932 $ 4,764,437 $ 53,761 97/98 $ 16,813,930 $ 2,112,079 S 998,476 $ 1,964,948 $ 39,808 96/97 $ 11,892,662 $ 2,239,959 $ 899,467 $ 2,699,028 No figures $ 89,574 ' 95/96 $11,609,464 $ 2,562,782 $ 331,504 $ 2,431,201 $ 69,458 `9 0 94/95 $12,105,310 $ 3,246,093 $ 238,733 $ 2,128,824 $111,405 Sub -Total $71,122,175 $12,754,239 $3,249,112 $13,988,438 $0 $ 364,006 $101,477,97r Average 70.08% 12.57% 3.20% 13.79% 00/0 .36% 1000/0 POPULATION (1999) 70,425 17,907 2,600 15,707 150 2,790 109,579 ..w. POPULATION % 64.27% 16.340/a 2.370/6 14.33% 0.140/6 2.55% 100 % Equiv. Lane =(#Lane Mi1es)+(2x#Bridges) REVENUE PERCENTAGE 68.41% 13.72% 2.71% 14.05% 0.05% 1.060/a 1000/0 C') (PROPOSED FOR 2001) cn EXISTING PERCENTAGE 67.93% 15.5350% 2.3567% 13.0650% 0.0100% 1.1033% 100% UD (1999.2000) `9 0 0 9.B.1. PUBLIC DISCUSSION ITEM - TOMMY MCDOUGALD - QUEST TO SPEAK ON HARASSMENT The Board reviewed a Memorandum of August 15, 2000: MEMORANDUM TO: Margaret Gunter FROM: Fran B. Adams, Chairman DATE: August 15, 2000 Under Public Discussion Items, Mr. Tommy McDougald has requested to speak on Harassment. Tommy McDougald, Post Office Box 655, Vero Beach, believed that he is being harassed by law enforcement and stated that he has made a tape of things he knows. The tape has been sent to the Attorney General and he has kept copies. He had respect for each and every Commissioner but felt that things were occurring which were not being brought to their attention. NO ACTION REQUIRED OR TAKEN. AUGUST 22, 2000 -71- 1 14 PG 697 I 9.B.2. PUBLIC DISCUSSION ITEM - FRANCIS M. COFFEY - REQUEST TO SPEAK ON SUBLEASE AGREEMENT WITH STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, REGARDING SUBMISSION OF A MANAGEMENT PLAN BY THE COUNTY (NORTH COUNTY PARK The Board reviewed letters of June 9, 2000 and August 15, 2000: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION susm V.� NAAI000 80FFFR PBESRMSEM FRVE D8 �r.e.'cnr HL 3Y9�0-YB31 �e7 — 9s3 —soo�F June 9, 2000 TO: Kei* Fisher FROM: Ellen Stere SUBJECT. Subbase to ht River County Attached is a copy of the executed sublease to Indian Riva County (appi'ax. 122 acres) for the county park facility. Larry is sendiag an "otiprial" to the counuy. There was some internal discussion on a few issues concerning the sublease that are sanunanzcd below: Management Platt — the eousry Is responsible for anbmntttng a separate managemuauc plan for the amount of acreage covered under their sublease. According to Delmas Barber. DSL/oFS, the plan can be submitted as an operational plan which could be included into our land management plan as an appendix However, the county must have an approved maaagw= pian within► one year of the signed sublease, and since our land management plan is not due for another 4 years, the county wm bave to submit to the DSL's their operational plan separately. The sublease stipulates that the county has 10 coombs following the execution date of the sublease to submit a plan to CAMA for review, prior to thein submitting it to DSL. Since the sublease arm is less than 160 acres the plan does not bave to go to ARC for approval, it will just need DSL's approval. DWnw says that recent cbanges in the "glitch bill" now references plans written for lands under 160 acres do not have to have an advisory commitue or public hearing. 'i i+* courm should contact De11 ; (8501487 1750 dir------ more information on the format of their clan and its submission for aaafOyed• Lease FeeS - a sublease fee of S300/ycar is required under rule- The county is responsible for paying this fee to DSL, even though we pay a lease fee on the overall property= AUGUST 22, 2000 Francis M Coffey 1335 River Ridge Drive Vero Beach FL 32963-2564 Mr. James E. Chandler County Administrator Dear Mr. Chandler, A"i 4)s c. August 15, 2000 , This is a request to be put on the County Commissioners' agenda for the August 21, 2000 meeting under " Public Discussion Items' to comment on the "Sublease Agreement between Department of Environmental Protection, State of Florida, and Indian River County" regarding submission of a Management Plan by the County. Attached is a letter from the State of Florida regarding this matter. Sincerely, A4. *IV7" Francis M. Coffey Cc: James W. Davis Director of Public Works Francis M. Coffey, 1335 River Ridge Drive, stated that he had spoken to someone on the County staff who had stated that the County was not aware that a Management Plan had to be submitted for North County Park and questioned whether the County intends to submit such a plan. AUGUST 22, 2000 BK 114 PG 699 -73- Chairman Adams presented a letter of August 21, 2000: Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399.3000 August 21, 2000 Honorable Fran A. Adams, Chairman Boar! of Commissioners Indian River County 1840 25th Street Vero Beach, FL 32980 Dear Chairman Adams: D" & Ssruhs Setroary RECEIVE AUG 2 1 ?.OGnj BOARD OFCOUNTY COMMISSION You have asked about the management plan requirement for the area based on the St. Sebastian River State Buffer Preserve for the county park 1 have spoken with the person in c ftrge of the state lands management plans and we concur that fts acd ty is covered within the more comprehensive management plan of the butler preserve. What will be required is a detailed site plan of the proposed facility as required by the sublease conditions. We will be communicating about those as we review the information that you have submitted. Please let me know it you need any additional information. sC7�'" ' Larry EmironrAdn*tistt*tor Chairman Adams thanked Mr. Coffey for his interest and advised that the Management Plan was submitted and approved over a year ago. The Governor has also approved the Plan. The DEP will be making a presentation to the Board at a later date. She suggested that Mr. Coffey contact appropriate County staff regarding any future questions. NO ACTION REQUIRED OR TAKEN. AUGUST 229 2000 -74- I 9.B.3. PUBLIC DISCUSSION ITEM - FRANK L. ZORC - REQUEST TO SPEAK ON "PRESS JOURNAL, WEDNESDAY, AUGUST 16, 2000, SETTING A PUBLIC HEARING FOR SEPTEMBER 5 ON THE PROPOSED 1 t INCREASE IN THE TOURIST DEVELOPMENT TAX TO HELP FINANCE THE DEAL" (DODGERS) The Board reviewed a letter of August 16, 2000: F�,�tih LEo Zo=STORAGI REAL TOR - DE\'ELOI'ER -BUILDER - 2044 DeLeon Ave. Vero Beach. Fla. 32960 � use Ixuuwn e� awsw August 16`x. 2000 i Indian River County Commission Administration Offices c% Ms. Hunter 1840 25'' Street Vero Beach, Fla. 32960 Dear Ms. Hunter: Telephones and Fax 1-561-5624646 Cell Phone 24 hours 1-561-532-3808 HAND DELIVERED Please place me on the August =d. Commission agenda under Public Items. My subject relates to yesterdays Commission action as reported in the Press Journal - copy below: Press Journal Wednesday, August 16, 2000 a Setting a public hearing for Sept. 5 on the proposed 1 -cent in- crease in the Tourist Development Tax to help finance the deal. I have confirmed with the commission office that this Public Hearing is now to be part of the regular commission "morning meeting" Sept. 5th. 2000. AUGUST 22, 2000 -75- It is my opinion, and I will very strongly request and recommend that this most important long term "Taxpayers Issue" be scheduled in the evening to make it more accommodating_ for the average citizen to attend, and participate. R ti-rc � k XC: To all.concerned parties. Indian River Taxpayers Assoc. 35 Years In Vero Beach Home Building & Real Estate Services USC. 0000880 REALTOR BK 0099894 Frank Zorc, 2044 deLeon Avenue, read a prepared statement and advised that he does not know anyone who is against the Dodgers. He applauds them for their entertainment value and wants them to keep their business in Vero Beach. He advised that petitions are being collected asking for a referendum approval of any City action in this matter and asked that the Board reset the public hearing dealing with the 1¢ sales tax to an evening meeting. NO ACTION REQUIRED OR TAKEN. AUGUST 22, 2000 BK 114 PG 702 _76 i C] 9.C. PUBLIC NOTICE ITEMS - SCHEDULED FOR PUBLIC HEARING ON SEPTEMBER 5.2000: PINE TREE PARK LAKE PROPERTY OWNERS' ASSOCIATION - REQUEST FOR RIGHT-OF-WAY ABANDONMENT FOR A PORTION OF 6TH STREET AND 7TH STREET IN PINE TREE PARK (Legislative) The Board reviewed a Memorandum of August 16,,2000: TO: James E. Chandler County Administrator DY4SION HEAD CONCURRENCE: e Robert M. Keating, AICP / Community Developmen Direew FROM: John W. McCoy, AICP - 0 Senior Planner, Current Development DATE: August 16, 2000 SUBJECT: Notice of Scheduled Public Hearing for the September 5, 2000 Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 22, 2000. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing has been scheduled for Board consideration at its September 5, 2000 meeting. Pine Tree Park Lake Property Owners' Association's Request for Right -of -Way Abandonment for a Portion of 6' Street and 741 Street in Pine Tree Park (Legislative). RECOMMENDATION: The above referenced public hearing date is provided for the Board's information. No action is needed. NO ACTION REQUIRED OR TAKEN. AUGUST 22, 2000 INFAI BX 114 PG 703 • 10. COUNTY ADMINISTRATOR - PROPOSED COLLECTIVE BARGAINING STRATEGY MEETING The Board reviewed a Memorandum of August 16, 2000: TO: Board of County Commissioners DATE: August 16, 2000 SUBJECT: Proposed Collective Bargaining Strategy Meeting FROM: J es CE handler County Administrator At the conclusion of the Commission meeting Tuesday, August 22', if convenient for the Board, I would request a short collective bargaining strategy meeting. County Administrator Jim Chandler requested that the Board meet in the first floor conference room immediately after the Board meeting. CONSENSUS was reached to hold a collective bargaining strategy meeting upon conclusion of today's Board meeting, as requested. 11.A.1. MANATEE PROTECTION AND BOATING SAFETY COMPREHENSIVE MANAGEMENT PLAN (CMP) - FISH AND WILDLIFE CONSERVATION COMMISSION HCl; SAVE THE MANATEE CLUB (SMC), AND MARINE ADVISORY/NARROWS WATERSHED ACTION COMMITTEE (MAMMA The Board reviewed a Memorandum of August 8, 2000: AUGUST 22, 200o BK 0 I 4 PG 704 7s • TO: James E. Chandler _County Administrator DEPARTMENT HEAD CONCURRENCE: Robert M. eating, AICP / THROUGH: Roland M. DeBlois f Chief, Environmental Planning FROM: Brian Pooley Staff Environmental Planner DATE: August 8, 2000 SUBJECT: Consideration of the Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 22, 2000. Inwistaw In 1989, Indian River County was designated as one of thirteen "key" counties in Florida required by the State to develop comprehensive management plans to reduce manatee mortality and enhance boating safety. For a number of years, the Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan (CMP) has been a work in progress. Due to its size and boater/manatee use conflicts, Indian River County is considered a lower state priority for adopting a CMP compared to others of the thirteen key counties. County staff has now completed the plan, having coordinated with staff of the Fish and Wildlife Conservation Commission (FWC), the Save the Manatee Club (SMC), and the County Marine Advisory/Narrows Watershed Action Committee (MANWAC). On August 11, 1999, the BCC reviewed a draft of the CMP and approved it for transmittal to the FWC for its review. Since that time, staff has received comments from the FWC, the SMC, and the U.S. Fish and Wildlife Service (FWS). Staff has updated some information within the plan and incorporated minor changes recommended by the three reviewing entities. None of the changes contravenes or significantly changes the intent of the originally approved plan. Generally, AUGUST 22, 2000 -79- BX 1 14 PG 705 only additions, clarifications, and technical editing changes were made. Now staff is requesting that the Board approve the modifications for transmittal of the finalized CMP to the State. Summary of CMP The purpose of the CMP is to establish a strategy that equitably balances manatee protection, habitat preservation, and boating safety with commercial and recreational marine interests. The principal focus of this effort is the identification and implementation of protection and management practices necessary to ensure the recovery and protection of the Florida manatee's population. The plan is divided into three parts: Existing Conditions, Analysis, and Action Plan. The Existing Conditions section provides data and information regarding manatee habitat and mortality, boating activity, public awareness and education, and boat facilities. The Analysis section reviews the existing speed zone plan and suggests changes based on recent manatee mortality and boat safety issues. A main component of this section is the establishment of Marina Siting Zones. Future marina development will be directed away from sensitive manatee habitat and directed towards areas where marinas are more appropriate. Finally, the Action Plan details objectives and policies that will implement manatee protection and boating safety measures and provides a method by which the county can measure the success or failure of this plan. Summary of Modifications Attached is a Comment/Response Matrix that identifies the FWC's comments on the 1999 draft CMP and the County's response. FWC's comments were similar to concerns expressed by the SMC and the FWS. County staff changes to the 1999 draft MPP, to address FWC comments, are depicted in the revised MPP in the form of shikedimugh (deletions) and underline (additions). As indicated in the matrix, clarifications were made to the plan by adding definitions of "High" and "Occasional" Manatee Use areas as well as "High Watercraft -Related Manatee Mortality". Also, information regarding existing marina facilities was updated to reflect the results of a survey conducted in January 2000. Finally, Section 1.2 of the Action Plan was expanded to include all criteria used in the evaluation of proposed marina projects. Within that section, the following additions were made: clarified techniques to be used to determine percent coverage of submerged aquatic vegetation; - included techniques for evaluation of projects to determine if they are within High or Occasional Manatee Use areas and/or a High Watercraft -Related Manatee Mortality area; - clarified what the results of the evaluation methodology may be; and - added a flow chart that illustrates the evaluation process to be followed when reviewing marina projects. The modified CMP was considered by the MANWAC at its meeting on June 5, 2000 (see attached unapproved minutes). Since there was not a quorum present, a consensus was established. The consensus of the members present was that the plan be forwarded to the BCC with minor changes. Those minor changes are reflected in the attached plan. Both the FWC and the SMC have given tacit approval to the plan as presented, so there should be no further agency dictated changes. County staff is now presenting the finalized plan for Board consideration to approve the plan and authorize its transmittal to the State for Governor and Cabinet approval. AUGUST 229 2000 -80- BKIILow PG706 • As proposed, the CMP does not address FWC and SMC comments regarding speed zones. According to the -'WC, it is not necessary, at this time, to address the specific speed zones. Since speed zones are likely to be the most contentious of the issues, County and FWC staff decided that the CMP, without the speed zones, would be adopted first. Then later, the County would work with the FWC, SMC, and various groups to resolve the speed zone issues. Any speed zone changes must be adopted by rule by the FWC, and will involve public hearings and other opportunities for public input. The modified CMP has undergone substantial scrutiny by various entities (FWC, MANWAC, SMC) and represents a balancing of environmental protection and public recreation. Staff's position is that the Plan achieves this balance, is in the interest of the County, and will likely be accepted by the state. Staff recommends that the Board of County Commissioners approve the attached Manatee Protection and Boating Safety Comprehensive Management Plan and direct staff to transmit the plan, as a final document, to the State for approval consideration. Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan ACTION PLAN Based on the analysis herein of existing conditions and associated data, this section, the Action Plan, sets forth specific actions that Indian River County will take, in the form of policies, to further manatee protection and boating safety objectives. This Action Plan contains the following components: Goal; Objectives and Policies; Implementation; and Evaluation and Monitoring. GOAL, OBJECTIVES AND POLICIES This Goal and associated Objectives and Policies shall be adopted by reference to the existing Coastal Management Element of the Comprehensive Plan (March, 1998) as required by Objective 3 (Policy 3.10) of the Coastal Management Element. GOAL It is the goal of Indian River County to equitably balance manatee protection, habitat preservation, and boating safety with commercial and recreational marine interests. OBJECTIVE 1 Boat Facility and Marina Siting and Construction Through 2001, there shall be no ttt increased impact to manatee habitat, or the natural resources of the Indian River Lagoon, including seagrass beds, water quality, estuarine wetlands, and mangrove fringe, attributed to the development or expansion of boat facilities in Indian River County. 1.1 By 1999, the siting or expansion of all marinas and boat facilities in Indian River County, and in each municipal government with jurisdiction over a portion of the inland waters of IndianRiver County shall be consistent with the preliminary 'assessment criteria and policies established in this plan. AUGUST 22, 2000 -81- BK 114 PG 707 1.2 TtnO si6fig of - --- s •litie, itt I"dio_ n:..__ C-eeftly -hall be su c n Marina Siting Zones (1-9) have been established as identified in the Plan The purpose of these Zones is to provide the public with some guidance as to the potential for the expansion or siting of new boat facilities In addition to hese Zonesspecific criteria will be applied to each expansion or new boatfacility regrequest. These criteria are as follows: 1. The siting of new marinas or the expansion or rearrangement of existing boatimg facilities/mannas shall be prohibited in each of the following areas of Indian River our : • All of the St Sebastian River west of the U.S. 1 Bridge: • All of the Pelican Island National Wildlife Refuge: • The area known as Jungle Trail Narrows., • Town Limits of Orchid: • To Limits of Indian River Shores: 2 The siting of new marinas or the expansion. or rearrangement of existing boating facilit�es/marinas shall be prohibited when one or more of the following conditions are met: (a) the footprint of the boating facility/marina (including all docks access walkways. finger piers. mooring areas turning basins res and ingress and egress pathways) has a SAV coverage to ten (10) percent or greater using a scientifically acceptable method of coverage detennination and such determination is made between the months of May through October (b) the water depths within the mooring areas turning basins and ingress and egress pathways is less than -4 feet at MLW (c) there is less than 150' distance between the waterward most projection of the boat facility (including mooring. pilings and boats) and the ICW channel 3• The siting of new marinas or the expansion or rearrangement of existing boating facilities/marinas shall be evaluated using the following criteria (a) no more than 100 Unm feet of native shoreline vegetation shall be altered (trimmed cut removed_ killed or destro,ygd)• (b) a site located witbini a High _Manatee Use area, or a High Watercraft Related Manatee Mortality area, as defined in this plan shall be subject to site specific design restrictions to minimizejotential adverse manatee impacts including (but not limited to): restrictions on the total number of boat slip allowed• use of more upland storage instead of wet storage restrictions on the maximum size of boats that use the facility/marina: restrictions on the number Of powerboats that use the facility (powerboat•sailboat ratio) mnd—esign oft e facili /manna: establishment of a powerboat to length of shoreline ratio (e.g.. one powerboat per 100 feet of shoreline) and/or reduction in the size of the facih /manna. AUGUST 229 2000 -82- 0 The process of evaluation can be eenerally represented by Figure 13 which shows— diagram maric representation of the process This flow chart is meant to ba -a euide not an absolute process A f ..� 1- .. All W) ...J i� i'BlFiiiil'�WBE2Fd2pf�1� �:... .. � /A\ r , s No fee -in -lieu paymerts, will be accepted as mitigation. 1.8 By August 1999, the County shall coordinate with the Town of Indian River Shores, the Town of Orchid, the City of Sebastian and the City of Vero Beach concerning siting of marina/boat facilities and the overall implementation of this plan by conducting public workshops and by soliciting comments from the staff and elected officials of these municipal governments. 1.9 In the event that an existing marina is destroyed by a natural disaster, the marina may be re -built within the same footprint of the damaged structure provided that the marina was in compliance with regulations at the time of its construction. Existing Marinas that are re -built shall be consistent with the policies listed under Objective 1 of this plan. 1.10 Covered boat slips, covered terminal platforms, and unwalled boat shelters shall not be permitted in areas where SAV coverage is ten (10) percent or greater. 1.11 Floating docks and dock designs which have the potential to entrap manatees or prevent them from accessing foraging areas shall be prohibited. 1.12 By 1999, the County Environmental Planning Section, in cooperation with the FDEP's FWC's Bureau of Protected Species Management, will produce a map titled Constraints to Boat Facility Siting in the I L. This map will display the areas of high, medium and low constraints throughout the county. Density thresholds and limitations for development shall apply to sites within these locations. This map will be kept on file in the Community Development Department, and will be used to conduct site specific reviews of boat facility siting and expansion proposals. 1.13 A maximum density threshold of one (1) powerboat per 100 feet of shoreline along the I L shall be retained in the marina facility siting zones specified in the Marina Siting section of this plan. These zones include: Zone 1, Zone 2, Zone 4, the portion of Zone 6 lying within the Town of Indian River Shores, Zone 8, and Zone 9. 1.14 The County shall encourage the expansion and upgrading of existing boat facilities as an alternative to constructing new boat facilities by considering the removal of mmeYing the 1:100 powerboat shoreline density ratio on a case-by-case basis from the following Marina Siting Zones: Zone 3, Zone 5, the portion of Zone 6 lying within the City of Vero Beach, and Zone 7. As a minimum a l • 100 powerboat•shoreline density ratio maybbe =lied. if warranted using the criteria in Section 1.2. 1.15 By August(COQ 4999, the county shall amend Resolution# 94-67 (Condition 17 of the Grand Harbor Development Order) to release the "sailboat only" restriction from 72 wet slips, thereby encouraging utilization of existing marina capacity. AUGUST 22, 2000 BK 114 PG 70 -83- 9 Chief Environmental Planner Roland DeBlois stated that in 1989 Indian River County was designated a key county by the State to adopt this plan. The backup contains the most current revisions to the plan. Commissioner Ginn commented that the Marine AdvisoryNarrows Watershed Action Committee (MANWAC) had been through the plan and the revisions line by line. This is the first Plan on the Treasure Coast to be approved. Chairman Adams commended staff for a wonderful job and questioned how we will deal with the speed issues since they have been removed from the Plan. Environmental Planner Brian Poole stated that it is his understanding that the State will adopt speed zones. They will hold public hearings to give everyone a chance for input. Staff did not want to hold up the Plan because of problems with the speed zones. Chairman Adams questioned whether annual overflights are being done now, and Mr. Poole stated that the overflights will not be done due to budget constraints. We are still doing counts. Chairman Adams then questioned whether any money from the automobile tags is available for these purposes. Mary Morris, Bureau of Protected Species Management, noted that those funds go to research, management of events, and special services. Sandra Clinger, Save the Manatee Club, stated that Indian River County has been the best of the key counties. However, there has been an increasing and disturbing trend in manatee mortality. Prior to the speed zone regulations there were an average of 0.5 deaths annually and, since the zones went into effect; the average has been 2 per year. From 1974 nuGusT zz, 2000 BK I 14 PG 7 10 to 1993, there were 10 deaths. Then from 1994 to 1995, there were 10 deaths. She asked the Board to keep that in mind when reviewing their list of recommendations. Save the Manatee Club cannot support expanding boating activity unless the manatees are more strongly protected. She stated she will supply a copy of their recommendations to the Board. Commissioner Ginn wanted to postpone any action until she had a chance to read the recommendations. Mr. DeBlois noted that direction could be given to technical staff to clean up the Plan if the recommendations are only for small changes. However, if substantial changes are being recommended, staff is asking for approval of the Plan "as is". Ms. Clinger detailed some of the recommendations of SMC and Mr. DeBlois and Mr. Poole responded to the minor changes. Mr. DeBlois noted that some language had been loosened to allow for site specific scrutiny. Mr. Poole commented that the Plan has been structured to allow for flexibility. Ms. Clinger noted that the Vero Beach Power Plant site is becoming even more important to the manatees now that Ft. Pierce is not discharging stormwater. She also requested some further details regarding maintenance dredging of artificial canals. Mr. DeBlois agreed that the language could be clarified. Chairman Adams noted that the Grand Harbor power boat restriction contained in Policy 1.15 was done to decrease the number of power boats. She asked if that Policy could be removed. AUGUST 22, 2000 BK 114 PG 7I 1 -85- ILI Director Keating noted that Grand Harbor does want to increase the number of power boats being docked. Mr. DeBlois commented that, if you do not allow more power boats at Grand Harbor, then they will be accommodated elsewhere.. Commissioner Ginn felt that existing marinas should be expanded rather than allowing new marinas. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Macht, the Board, by a 4-1 vote (Commissioner Ginn opposed) agreed to remove Policy 1.15 from the Plan. Commissioner Stanbridge then requested that Policy 1.2(3)(b) be copied to Policy 1.2(1) with the deletion of the word "or" and the insertion of the word "and". Terri Calleson, Fish & Wildlife Conservation Commission/Bureau of Protected Species Management, environmental specialist, stated that she had worked in the County on surveys of boating activity when she was a graduate student and had reviewed some of the earliest drafts of the County's plan. She is now in charge of reviewing the final Plan. She commended the Commission and staff for the work that has been done and emphasized that the Bureau will support any strengthening of the Plan. She stated that they will be recommending approval of the Plan when it is returned and the legal staff has already said that the Plan will go directly to the Executive Director for his approval. She expressed their appreciation and hope that the Plan will be a big protection for the manatees in the coming years. AUGUST 22, 2000 BK 114 PG 7 12 • -86- 0 Commissioner Ginn questioned whether this is the onlyplanfromthe Treasure Coast, and Ms. Calleson responded that it was. Mr. Poole noted that the St. Lucie County Planner has already called and requested a copy of the plan to use in drafting their county's plan. Commissioner Stanbridge thanked the Bureau for their assistance in providing additional law enforcement officers. Tim Granse felt there were quite a few boating people and the Chamber of Commerce who would be interested in this topic. He stated that he was at the opening of the beautiful Round Island Park several weeks ago and counted numerous manatees, as well as close to a hundred over by the power plant at the same time. ON MOTION by Commissioner Macht, SECONDED by Commissioner Stanbridge, the Board unanimously approved the Manatee Protection and Boating Safety Comprehensive Management Plan, as amended ([1] deleting Policy 1.15; [2] inserting the Save the Manatee Club requested technical changes; and [3] copying Policy 1.2(3)(b) to Policy 1.2(1) with the deletion of the word "or" and the insertion of the word "and"), and directed staff to transmit the plan, as a final document, to the State for approval consideration, as recommended by staff. AUGUST 22, 2000 -s7- BK 1 14 PG 713 COPY OF PLAN I5 ON FILE IN THE OFFICE OF THE CLERK TO TBE BOARD Commissioner John Tippin left the Chambers on personal business. 11.A.2. ST. SEBASTIAN RIVER BUFFER PRESERVE - OPTION AGREEMENT FOR COUNTY SALE OF THE FISCHER ST. SEBASTIAN RIVER ENVIRONMENTAL LAND PURCHASE TO THE STATE FOR COST -SHARE REIMBURSEMENT UNDER THE STATE CONSERVATION AND RECREATION LANDS (CARL) PROGRAM The Board reviewed a Memorandum of August 14, 2000: TO: James E. Chandler County Administrator PE'4RTMENT HEAD CONCURRENCE: Robert M. Keating, AICP Community Development Director FROM: Roland M. Dell CP Chief, Environmental Planning DATE: August 14, 2000 SUBJECT: Board Approval of Option Agreement for County Sale of the Fischer -St. Sebastian River Environmental Land Purchase to the State for Cost -Share Reimbursement under the State Conservation and Recreation Lands (CARL) Program It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 22. 2000. AUGUST 22, 2000 is -s8- K114PG714 n u I • The Board of County Commissioners, at a public hearing on March 19, 1996, approved county purchase of the ±.95 acre "Fischer - Sebastian River" property using environmental land bond funds. The property is located on the east and west shorelines of the south prong of the St. Sebastian River, north of C.R. 512 (see attached map). The County closed the purchase in January 1997, under the premise that it will proceed to obtain cost -share reimbursement under the State Conservation and Recreation Lands (CARL) program. Prior to county purchase of the property, in May 1995, the County executed a "Multi -Party Acquisition Agreement" with the Division of State Lands (DSL) for the State to buy the property for inclusion in the "Sebastian Creek" project (a.k.a., St. Sebastian River Buffer Preserve) under the CARL program. The Agreement is for 50% cost -share of the approved appraised value, including 50% cost -share of acquisition costs, with the exception of appraisals, which were paid for with County bond funds. The DSL has completed its review and acceptance of appraisals and surveys of the Fischer property, and is now ready to schedule the project reimbursement for final Governor and Cabinet approval. In order to finalize reimbursement and closing with the State, attached is an Option Agreement for Sale and Purchase of the Fischer property from the County to the State, for the Board's approval consideration. The attached Option Agreement is comparable to other option agreements that the County has executed as part of cost -share agreements with the State for the purchase of environmental lands. Attached is a memorandum from the County attorney regarding his review of the Option Agreement as to form and legal sufficiency. In order for the Board to make an informed decision, the County attorney's memorandum summarizes certain provisions of the Option that run in favor of the State (and not in favor of the County). County planning staff s position is that the risks to the County under the provisions of the Option are minimal, and that the County should consider moving forward with approval of this standardized Option Agreement. Interest Conveyed, Right of Re-entry When the County executed the Multi -Party Acquisition Agreement in 1995, and when the Board approved purchase of the Fischer property in 1996 and directed staff to seek cost -share reimbursement, it was understood that the CARL program policy at that time was that the State would receive full title to the property, and that the County would retain an interest in the form of a "right of re-entry" (similar to what the County agreed to on cost -share of the Cairns tract purchase). Since that time, the County has instigated a change in the State's policy such that now the State is more amenable to shared title for new projects. However, since the Fischer property was acquired under the previous policy and agreement, the attached Option Agreement, as structured, will convey full title interest of the Fischer property to the State, and contains a right of re-entry clause. Once conveyed to the State, the property will become a part of the contiguous St. Sebastian River Buffer Preserve, and will be managed by the State as part of the Preserve. Canoe Launch County Engineering staff are in the process of finalizing design of a canoe launch facility on the Fischer property (and adjacent property) for public access to the St. Sebastian River just north of C.R. 512 (west side). County staff has coordinated with Buffer Preserve management staff, who are aware of the canoe launch. As proposed, maintenance of the canoe launch facility will be the responsibility of the County, with the remainder of the Fischer property to be managed by State Buffer Preserve staff. AUGUST 22, 2000 BK 1 14 PG 7 1 5 -89- Wetland Acreage Adjustment The negotiated purchase price of the Fischer property was $1,490,000. When the option contract was drafted and subsequently executed by the seller, County and state staff were aware that there might be a wetland acreage adjustment that could affect the appraised value of the property. For that reason, a "buffer" of $89,400 was written into the contract, so that the seller, Dr. Henry Fischer, was aware that the purchase price would be reduced, up to that much, if wan -anted by a final survey of wetlands and overall acreage. Consequently, as a condition of closing, Dr. Fischer was required to escrow $89,400 to account for a potential property value adjustment due to increased wetland acreage. (The Board approved this arrangement to proceed with closing because of indications that Dr. Fischer would not sell the property unless a certain time frame was met.) As it turned out, there were more wetlands than originally estimated, and Dr. Fischer forfeited the escrow to the County. Due the wetland area adjustment, the State's finalized approved appraised value is $1,210,000, which translates to 43% ($605,000) reimbursement of the County's purchase price of the overall property (not including 50% share of acquisition costs, which will be an additional reimbursement the County will receive under the Option Agreement ). Staff recommends that the Board of County Commissioners approve the attached Option Agreement for County sale of the Fischer -St. Sebastian River property to the Board of Trustees of the Internal Improvement Trust Fund at the price of $605,000, and authorize the Board Chairman to execute the document and other documents as necessary to facilitate the sale closing. 1. Location map 2. County attorney's memorandum 3. Option Agreement 4. 1995 Multi -Party Acquisition Agreement AUGUST 22, 2000 BK 1 1 4 PG 7, 6 -90- is 0 F�5CPWR- ST sesVlsT1P,N 1Z1vEfz 7 / AUGUST 22, 2000 BK 114 PG 717 -91- ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Tippin absent) unanimously approved the Option Agreement for sale of the Fischer -St. Sebastian River property to the Board of Trustees of the Internal Improvement Trust Fund at the price of $605,000 and authorized the Chairman to execute the Agreement and other documents as necessary to facilitate the sale closing, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G. RESOLUTION 2000-089 ACCEPTING THE DEDICATION AND MAINTENANCE OF THE RIGHT-OF-WAYS FOR AD AVENUE (40TH AVENUE SWC; GAME STREET (6TH LANE SWC; AND DEUCE COURT (5TH PLACE SMO, AND DRAINAGE EASEMENTS LOCATED WITHIN WEST SIDE SUBDIVISION (WEST SIDE RACQUET CLUB - ISABELLE DAYTONI The Board reviewed a Memorandum of August 14, 2000: AUGUST 22, 2000 BK 1 1 4 PG 718 -92- 0 0 • TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director 1 SUBJECT: West Side Subdivision - Acceptance of Private Roads, Right -of - Ways and Drainage Easements DATE: August 14, 2000 DESCRIPTION AND CONDITIONS In 1995, the Board approved a 100% property owner funded special assessment project to resurface private roads and improve drainage in West Side Subdivision located south of 5`" Street SW east of 43rd Avenue. The project was completed in 1998. The property owners requested the County to assume maintenance of the private right-of- ways and drainage easements at that time. Staff requested certain brick above -grade headwalls in the right-of-way to be removed within the 6' roadside clear zone prior to acceptance. This removal work has been completed. ALTERNATIVES AND ANALYSIS The plat for West Side Subdivision recorded Nov. 8, 1974, included a "certificate of dedication" that "dedicates all street and drainage easements shown on this plat for the use of the property owners in this subdivision, and "West Side Racquet Club", with the full knowledge that the same are not dedicated to the public until there is a formal acceptance of these streets and/or easements, or any part thereof, by the County." Since the streets have recently been resurfaced and drainage improvements completed, staff has no objection to acceptance of maintenance. The alternatives are as follows: Alternative No. 1 Accept maintenance of the road right-of-way and drainage easements by approving the attached resolution. Alternative No. 2 Deny acceptance thereby leaving the roads and drainage private. RECOM MMATIONS AND FUNDING Staff recommends Alternative No. 1 whereby the attached Resolution is approved. AUGUST 22, 2000 -93- Bk 1 14 PG 719 0 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Tippin absent) unanimously adopted Resolution 2000-089 accepting the dedication and maintenance of the Right -of - Ways for Ad Avenue (40' Avenue SW); Game Street (6' Lane SW); and Deuce Court (5' Place SW) and drainage easements located within West Side Subdivision (West Side Racquet Club - Isabelle Dayton). RESOLUTION NO. 2000- 089 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ACCEPTING THE DEDICATION -AND MAINTENANCE EOF THE RIGHT-OF-WAYS FOR AD AVENUE (40TR AVENUE SW) GAME STREET (678 LANE SW), AND DEUCE COURT (5" PLACE SW), AND DRAINAGE EASEMENTS LOCATED WITHIN WEST SIDE SUBDIVISION WHEREAS, the property owners of West Side Subdivision have petitioned the County to accept the dedication and maintenance of Ad Avenue (40t' Avenue SW), Game Street (6th Lane SW), and Deuce Court (St" Place SW), including drainage easements located within West Side Subdivision as recorded in Plat Book 9, Page 3, Public Records of Indian River County; and, WHEREAS, the Indian River County Department of Public Works has completed a full inspection and evaluation of all factors relevant to the acceptance of the dedication and maintenance of road right-of-ways and drainage easements within West Side Subdivision; and, AUGUST 22, 2000 BK 114 PG 720 -94- 9 WHEREAS, the Indian River County Department of Public Works has recommended that the Board of County Commissioners of Indian River County accept the dedication and maintenance of the road right-of-ways and drainage easements located within West Side Subdivision. NOW THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COW aSSIONERS OF INDIAN RIVER COUNTY hereby accepts the dedication and maintenance of the right-of-ways for Ad Avenue (40th Avenue SW), Game Street (6th Lane SW), and Deuce Court (5th Place SW) and drainage easements located within West Side Subdivision as recorded in Plat Book 9, Page 3, Public Records of Indian River County. The foregoing resolution was offered by Commissioner Stanhrid0e who moved its adoption. The motion was seconded by Commissioner Ginn and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner John W. Tippin Absent Commissioner Ruth M. Stanbridge Aye _ Commissioner Ken R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 22nd day of August, 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 010 Attest: Approved by BCC__ OA -22-00 Jeffrey K. Barton, Clerk of Circuit Court Deputy Clerk Approved as to Form and Legal �u Sufficiency , — Paul o. Bangel, County Attorney AUGUST 22, 2000 D� P 7 2 1 -95- J >s 01Ws 15 as a �+p•vu ID1 17.0 s 6TH LANE SW (GA)k STREET al ' U M7 oldl 010 S U B 15141 < o, 3 12 IIfiA wo �� 940 w P.B.I. 09 003 136 Inns %61 23145r i:z i,.) .� 7 d.78 AC :S W TR a a: 19 1$ 3 4 LJ �Y z r, O I4 8111 &TH PLACE $W 4TH LANE SW ---- W ttan ¢1.Po 1 {y K- W 9 Z 635Y' i IN37 4¢fl IId67 Q 7 . 2222... ro Edi IF 14 X 33 I um 0 ( W1I. w O.i a ,ya 4' TR 8 b 7TH PLA ' �(- I' 2222 o �t 4 "-W 1 �rou � 1 �u 24 1 �.i I o��ot.o 3 2 11 y _ .. _ Juu 17162 - raot ttt58 t g .. W III us W .__ O {: 11 ROAD) .,..2�. 'STFI _SST _ - - — - ___ — - is I STH PLACE SW a -- (DEUCE COURT) .. 141 1 W , . .. _ -,J91s ___ .. 2222... W E S ' TI�.11 T1 01! 02 136.0 !Q; W . + s t1 ip a 02 tZ 56.0 TRACT A .. ... ,. ...g :i • J F g B 44.0 W EST SIDE RAC U ET a I coI ,' = 4g wtl CLU 8 00001 6.1 �p t� :. I � 3 023. S2 r ea o DC7 ' r am B.O .� q6 At + 8$9 AC 5 SEN &� $ ~ yqa 00001 0110 00001 $ '1 s. . 043 :a Ibo� oo0ot.0 olio 1W* J Y � �4` V% 8¢A A01 A 7.07 8 a: 3 , . 6 2" o,6d1&at4.89 NTSW AC 222.8 AC 1susCoo99 -8 �.ofl s.. >s 01Ws 15 as a �+p•vu ID1 17.0 s 6TH LANE SW (GA)k STREET al ' U M7 oldl 010 S U B 15141 < o, 3 12 IIfiA wo �� 940 w P.B.I. 09 003 136 Inns %61 23145r i:z i,.) .� 7 g S: Zia." 4¢JI u¢N?'.638 LJ i 10 z 9 >1 r, O I4 8111 &TH PLACE $W a ttan ¢1.Po � {y K- W 9 Z 635Y' i IN37 4¢fl IId67 Q 7 uUI IF 14 X 33 IM6, M um 15 a W1I. 7TH PLA ' Ig I' 6 j7 gg 1 �rou � Ai X1 a1'�c 0 • Commissioner Tippin returned to the Chambers. O.B. VICE CHAIRMAN CAROLINE D. GINN - DISCUSSION REGARDING THE SPACE NEEDS COMMITTEE Commissioner Ginn commented that she has not yet received all the Commissioners' appointees for this committee and requested that they be submitted within the next week. She also noted that she had heard that the Vero Mall property has been sold, and County Administrator Chandler stated that he will check into the rumor. NO ACTION REQUIRED OR TAKEN. 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Emergency Services District Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 14.C. ENVIRONMENTAL CONTROL BOARD None. AUGUST 22, 2000 -97- BKiI4PG723 • J There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:27 a.m. ATTEST: Iarton, Clerk Fran B. Adams, Chairman Minutes Approved: AUGUST 22, 2000 BK 114 PG 724 • -98- 0