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11/14/2000
MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, NOVEMBER 14, 2000 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25`h Street, Vero Beach, Flonda 32960 COUNTY COMMISSIONERS Fran B Adams, Chairman Caroline D. Ginn, Vice Chairman Kenneth R. Macht Ruth M. Stanbridge John W. Tippin District 1 District 5 District 3 District 2 Distnct 4 9:00 a.m. 1. CALL TO ORDER 2. INVOCATION James E Chandler, County Administrator Paul G Bangel, Co Jnty Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K Barton, Clerk to the Board Rabbi Fred Raskind Temple Beth Shalom 3. PLEDGE OF ALLEGIANCE Comm. John W. Tippin BACKUP PAGES 4. ADDITIONS/DELETIONS to the AGENDA/EMERGENCY ITEMS 1. Defer Item 6.A., Minutes of Regular Meeting of October 17, 2000 and 6.B., Minutes of Regular Meeting of October 24, 2000 for one week. 2. Move Item 7.D. to 5.A.2. Proclamation Designating November 15, 2000 as America Recycles Day. 3. Item 9 A.3. Lake Grace LLC Request for Conceptual and Preliminary Planned Development Approval for a 66 Lot Planned Development is corrected to read a "64' Lot Planned Development. 4. Defer Item 11 C., Phase I Study Analysis of Fellsmere School with Architect John H. Dean and Associates, P.A., A.I.A. 5. Defer Item 11.G.1., Status Report Regarding Recent Beach Erosion. 6. Defer Item 13 C.1., Discussion on Land Acquisition. 7. Add Item 13.C.2., Discussion on 2001 United Way Campaign Kickoff. 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation in Recognition and Support of Dollars for Scholars in Indian River County B. Recreation Presentation (no backup provided) 6. APPROVAL OF MINUTES A. Regular Meeting of October 17, 2000 B. Regular Meeting of October 24, 2000 1 BK 116PG001 7. CONSENT AGENDA A. Karl Zimmerman, Tax Collector — Amended 1999 (Unused) Fee Report, amending the 1999 Fee Report accepted by the B oard on November 16, 1999 (letter dated May 12, 2000) B . Karl Zimmerman, Tax Collector — Annual Financial Report for FY Ending September 30, 2000 and (Unused) Fee Report for Year 2000 (memoranda dated October 31, 2000) C. Approval of Warrants (memorandum dated November 2, 2000) D . Proclamation Designating November 15, 2000 as America Recycles Day E River Lake Estates Subdivision — Cash Escrow in Support of B ill of Sale of Utility Facilities (memorandum dated November 8, 2000) F. GHO Homes, Inc.'s Request for Final Plat Approval for Phase II -A of the Lindsey Lanes Subdivision (memorandum dated November 8, 2000) G. Florida Department of Law Enforcement FY 2000/2001 Byrne State and Local Law Enforcement Grants (memorandum dated November 8, 2000) H . Bid Award' IRC #3022 Semi -Annual Contract for Ready Mix Concrete (memorandum dated November 6, 2000) I. Bid Award: IRC #3026 Annual Chiller Maintenance for County Administration Building (memorandum dated November 6, 2000) J. Bid Award* IRC 3010 Annual Miscellaneous Labor Contract for Water, Sewer and Reclaim Water Line Replacement/ Extensions Minor Projects (memorandum dated November 6, 2000) 8. CONSTITUTIONAL OFFICERS and G OVERNMENTAL AGENCIES None BK 116P0002 BACKUP PAGES 2-3 4-11 12-19 20 21-29 30-40 41-51 52-59 60-65 66-90 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±5,361 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF I-95 AND CR512, FROM AG -1 AND AG -2 TO C-1; BY CHANGING THE LAND USE DESIGNATION FOR ±3 288 ACRES LOCATED AT THE SOUTHEAST CORNER OF 77TH STREET AND 130TH AVENUE, FROM AG -2 TO C-1; BY CHANGIN THE LAND USE DESIGNATION FOR ±59.4 ACRES LOCATED ON THE WEST SIDE OF JUNGLE TRAIL, NORTH OF WINDSOR FROM L-1 TO C-1, AND BY CHANGING THE LAND USE DESIGNATION FOR ±20 ACRES LOCATED ON THE WEST SIDE OF 58TH AVENUE, APPROXIMATELY 660 FEET SOUTH OF 49TH STREET, FROM L-2 TO C-1; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE (memorandum dated November 8, 2000) 2. Minor J. Platt Jr.'s Request for Special Exception Us Approval for an Outdoor Gun Range on a 25 Acre Pa cel (Quasi -Judicial) (memorandum dated November 7, 2000) BACKUP PAGES 3. Lake Grace LLC Request for Conceptual and Prelims ary Planned Development Approval for a 66 Lot Planned Development (Legislative) (memorandum dated November 7, 2000) 4. Marsh Island Development Company LLC's Request for Planned Development Special Exception Use and Pr liminary Planned Development Plan/Plat Approval f•r a 33 Unit Development known as Marsh Island (Legisl tive) (memorandum dated November 8, 2000) 206-222 91-147 148-188 189-205 B. PUBLIC DISCUSSION ITEMS 1. Request from Roger J. Sherman to speak regarding "Lack of Warning Buoys on P E P Artificial Reef' (letter dated November 1, 2000) 2. Request from William Shelly to speak regarding "the County noise ordinance enforcement in the Gifford area" (letter dated November 7, 2000) 223-225 226 BK 1 16 PG 003 9. PUBLIC ITEMS coned.): C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development 1. Chnstopher N. Kime's Request for Release of Ease- ment at 12855 79th Avenue (A.A. Berry Subdivision in Roseland) (memorandum dated November 1, 2000) 2. Request for Approval of an Addendum to an Agreem with Summerlin's Seven Seas, Inc. for Construction o Ground -Level Boardwalk and Ditch Crossing at the Riverfront Conservation Area (memorandum dated November 7, 2000) nt a slo B. Emergency Services None C. General Services Phase I Study Analysis of Fellsmere School with Architect John H Dean and Associates, P.A., A.I.A. (memorandum dated November 8, 2000) D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works 1. Status Report Regarding Recent Beach Erosion (no back-up provided) 2. 58th Avenue Right -of -Way Acquisition — Red Stick Golf Club (memorandum dated November 3, 2000) BK 116 PG 004 BACKUP PAGES 227-232 233-260 261-287 288-297 11. DEPARTMENTAL MATTERS (con't.d): G. Public Works (cont'd.): 3. Kings Highway Phase II, Plan Modifications Feldman Property (memorandum dated November 7, 2000) H. Utilities 1. Westwood Subdivision — 28`h Court S.W. (north off 5th St. SW) Petition Water Service — Preliminary Ass ss- ment Resolutions I and II (memorandum dated November 6, 2000) 2. Florida East Coast (FEC) Railway Company — Yearl Lease Agreements & Addition to Blanket Agreement (memorandum dated October 30, 2000) 3. Conversion of Utility Infrastructure Inventory Data- base from Hansen/Oracle Database to Microsoft Acc ss and Continued Technical Support (memorandum dated October 27, 2000) 4. Woodmere Trade Center Developer's Agreement & Jerry Smith Warehouse Developer's Agreement Bud !.et Adjustment, Partial Payment & Release of Retainage (memorandum dated November 1, 2000) 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 Discussion on Land Acquisition BACKUP PAGES 298-306 307-320 321-334 335-340 341-363 364-368 BK 116 'G 005 13. COMMISSIONERS ITEMS (cont'd.): D. Commissioner Ruth Stanbridge E Commissioner John W. Tippin BACKUP PAGES 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Bid Award• Annual Contract #3014 for Security Services (memorandum dated November 6, 2000) 2. Regulatory Compliance Assistance and Wetland Mitigation Project Monitoring and Maintenance (memorandum dated November 2, 2000) C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meetm ensure that a verbatim record of the proceedings is made which includes the testimony upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours meeting. Indian River County WebSite: http://bccl.co.indian-river.fl.us Full agenda back-up matenal is available for review in the Board of County Co Indian River County Main Library, IRC Courthouse Law Library, and North County Libr 369-374 375-408 will need to and evidence the County's in advance of ission Office, 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 116PG006 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2000 1 CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ADDITIONS TO THE AGENDA 5. PROCLAMATIONS AND PRESENTATIONS 1- 1- 1- - 2- -2- 5.A.1. Proclamation in Recognition and Support of Dollars for Scholars 1 Indian River County -2- 5.A.2. Proclamation Designating November 15, 2000 as America Recycle. Day (Moved from Item 7 D) -4- 5.B. Recreation Presentation - Proclamation Honoring Commissioner F an B. Adams Volunteer Recreation Special Events Emcee -6- 6.A. APPROVAL OF MINUTES - OCTOBER 17, 2000 6.B. APPROVAL OF MINUTES - OCTOBER 24, 2000 NOVEMBER 14, 2000 - 7- - 7- BK 116 PG 007 7 CONSENT AGENDA -8- 7.A. Karl Zimmermann, Tax Collector - Amended 1999 (Unused) Fee R -port, amending the 1999 Fee Report accepted by the Board on Novembe 16, 1999 -8- 7.B Karl Zimmermann, Tax Collector - Annual Financial Report for F Ending September 30, 2000 and (Unused) Fee Report for Year 2000 .... .. -10- 7.C. List of Warrants -18- 7.D. Proclamation Designating November 15, 2000 as Amenca Recycle Day -26- 7.E. River Lake Estates Subdivision (Raymo, Inc.) - Cash Escrow in Support of B ill of Sale of Utility Facilities -26- 7.F. GHO Homes, Inc. - Request for Final Plat Approval for Phase II -A of the L indsey Lanes Subdivision -27- 7.G. Florida Department of Law Enforcement FY 2000-2001 Byrne Stat- and L ocal Law Enforcement Grants (MACE and Substance Abuse) .. -29- 7.H. Bid #3022 - Semi -Annual Contract for Ready Mix Concrete - Russ 11 Concrete of Vero Beach and Tarmac America of Ft. Pierce -31- 7.1. Bid #3026 - Annual Chiller Maintenance for County Administratio B uilding - York International Corporation —32- 7.J. Bid #3010 - Annual Miscellaneous Labor Contract for Water, Sewr and Reclaim Water Line Replacement/Extensions Minor Projects - Rej ct Bid -33- NOVEMAtEIt L1& 0t © 8 -2- 9.A.1. PUBLIC HEARING - ORDINANCE 2000-037 AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR: (1) CARSON PLATT - ±5,361 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF I-95 AND CR -512 FROM AG -1 AND AG -2 TO C-1; (2) BERRY GROVES - ±3,288 ACRES LOCATED AT THE SOUTHEAST CORNER OF 77TH STREET AND 130TH AVENUE FROM AG -2 TO C-1; (3) PELICAN ISLAND NATIONAL WILDLIFE REFUGE - ±59.4 ACRES LOCATED ON THE WEST SIDE OF JUNGLE TRAIL, NORTH OF WINDSOR, FROM L-1 TO C-1; AND (4) WOMEN'S CLUB TRACT - ±20 ACRES LOCATED ON THE WEST SIDE OF 58TH AVENUE APPROXIMATELY 660 FEET SOUTH OF 49TH STREET FROM L-2 TO C-1 - PLAN AMENDMENT LUDA 20-01-0081 -35- 9.A.2. PUBLIC HEARING - MINOR J. PLATT, JR. - REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR AN OUTDOOR GUN RANGE ON A 25 - ACRE PARCEL - WINDSOR GUN CLUB - 13350 122ND STREET (Quasi - Judicial) -65- 9.A.3. PUBLIC HEARING - LAKE GRACE LLC - REQUEST FOR CONCEPTUAL AND PRELIMINARY PLANNED DEVELOPMENT APPROVAL FOR A 66 64 - LOT PLANNED DEVELOPMENT (Legislative) -77- NOVEMBER 14, 2000 BK 116 PG 009 9.A.4. MARSH ISLAND DEVELOPMENT COMPANY LLC - REQUEST FOR PLANNED DEVELOPMENT SPECIAL EXCEPTION USE AND PRELIMINARY PLANNED DEVELOPMENT PLAN/PLAT APPROVAL FOR A 33 -UNIT DEVELOPMENT KNOWN AS MARSH ISLAND (Legislative) -86- 9.B.1. PUBLIC DISCUSSION ITEM - ROGER J. SHERMAN - REQUEST TO SPEAK REGARDING "LACK OF WARNING BUOYS ON P E P ARTIFICIAL REEF" -96- 9.B.2. PUBLIC DISCUSSION ITEM - WILLIAM SHELLY - REQUEST TO SPEAK REGARDING "THE COUNTY NOISE ORDINANCE ENFORCEMENT IN THE GIFFORD AREA" -99- 11.A.1. RESOLUTION 2000-144 RELEASING EASEMENT AT 12855 79TH AVENUE (A A BERRY SUBDIVISION IN ROSELAND) - CHRISTOPHER N. KIRRIE -102- 11.A.2. OSLO RIVERFRONT CONSERVATION AREA - REQUEST FOR APPROVAL OF AN ADDENDUM TO AN AGREEMENT WITH SUMMERLIN'S SEVEN SEAS, INC. FOR CONSTRUCTION OF A GROUND -LEVEL BOARDWALK AND DITCH CROSSING - COUNTY PROJECT 7060 -108- NOVEMBER 14, 2000 BK 1 6 PG 0 1 0 -4- 1 11.C. OLD FELLSMERE SCHOOL - PHASE I STUDY ANALYSIS WITH ARCHITECT JOHN H. DEAN AND ASSOCIATES, P.A., A.I.A. -111- 11.G.1. STATUS REPORT REGARDING RECENT BEACH EROSION -111- 11.G.2. RED STICK GOLF CLUB - 58TH AVENUE RIGHT-OF-WAY ACQUISITION -111- 11.G.3. KINGS HIGHWAY PHASE II PLAN MODIFICATIONS - DAVID AND ELAN FELDMAN PROPERTY - KIMLEY-HORN -113- 11.H.1. RESOLUTION 2000-145 AND RESOLUTION 2000-146 - WESTWOOD SUBDIVISION - 28TH COURT SW (NORTH OFF 5TH STREET SW) - PETITION WATER SERVICE - PRELIMINARY ASSESSMENT RESOLUTIONS I AND II -114- 11.H.2. FLORIDA EAST COAST RAILWAY COMPANY - YEARLY LEASE AGREEMENTS AND ADDITION TO BLANKET AGREEMENT . -128- 11.H.3. CONVERSION OF UTILITY INFRASTRUCTURE INVENTORY DATABASE FROM HANSEN/ORACLE DATABASE TO MICROSOFT ACCESS AND CONTINUED TECHNICAL SUPPORT - CAMP, DRESSER, MCKEE -131- NOVEMBER 14, 2000 BK 116 PG 011 11.H.4. WOODMERE TRADE CENTER (JOHN LLOYD) - DEVELOPER'S AGREEMENT AND JERRY SMITH WAREHOUSE DEVELOPER'S AGREEMENT BUDGET ADJUSTMENT, PARTIAL PAYMENT AND RELEASE OF RETAINAGE - COUNTY PROJECTS 794 AND 749 13.C.1. COMMISSIONER KENNETH R. MACHT - DISCUSSION ON L ACQUISITION -133- ND -136- 13.C.2. COMMISSIONER KENNETH R MACHT - DISCUSSION ON 2C01 UNITED WAY CAMPAIGN KICKOFF -136- 14.A. EMERGENCY SERVICES DISTRICT -137- 14.B. SOLID WASTE DISPOSAL DISTRICT -137- 14 C ENVIRONMENTAL CONTROL BOARD -137- NOVEMBER 14, 2000 BK 116 PG 012 -6- November 14, 2000 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met 1 Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Fl.rida, on Tuesday, November 14, 2000, at 9:00 a.m. Present were Fran B Adams, C airman; Kenneth R. Macht; John W. Tippin; and Ruth Stanbridge. Vice Chairman Carolm: D. Ginn] was absent on personal business. Also present were James E Chandler County Administrator; Paul G. Bangel, County Attorney; and Patricia "PJ" Jones, Depu Clerk. CALL TO ORDER Chairman Adams called the meeting to order. 2. INVOCATION Commissioner Tippin delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Tippin led the Pledge of Allegiance to the Flag. NOVEMBER 14, 2000 BK 116PG03 4. ADDITIONS TO THE AGENDA Chairman Adams requested 7 changes to today's Agenda: 1. Defer Item 6.A., Minutes of Regular Meeting of October 17, 2000 and 6 B , Minutes of Regular Meeting of October 24, 2000 for one week. 2. Move Item 7.D to 5.A.2., Proclamation Designating November 15, 2000 as America Recycles Day. Item 9.A.3., Lake Grace LLC Request for Conceptual and Preliminary Planned Development Approval for a 66 Lot Planned Development is corrected to read a "64' Lot Planned Development. 4. Defer Item 11.C., Phase I Study Analysis of Fellsmere School with Architect John H. Dean and Associates, P.A., A.I.A. 5. Defer Item 11.G.1., Status Report Regarding Recent Beach Erosion Defer Item 13.C.1., Discussion on Land Acquisition. 7 Add Item 13.C.2., Discussion on 2001 United Way Campaign Kickoff. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously added the above items to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A.1. PROCLAMA TION IN RECOGNITION AND SUPPORT OF DOLLARS FOR SCHOLARS IN INDIAN RIVER COUNTY The Chairman presented the following Proclamation to Sue O'Dare: NOVE I' R°8 14 PROCLANiATIO IN RECOGNITION AND SUPPORT OF DOLLARS FOR SCHOLARS OF INDIAN RIVER COUNTY WHEREAS, Dollars for Scholars of Indian River County was founded in 1 • • ; and WHEREAS, the organization is govemed by a volunteer Board of Directors, any of which have served the organization continuously for more than 20 years and WHEREAS, the mission of Dollars for Scholars of Indian River County for the past 35 years has been to offer hope, encouragement and financial scholarship opportu ities to Indian River County students who demonstrate desire, academic ability and finance I need, to pursue a post -secondary education, and WHEREAS, the organization has awarded $2,528,328 in college scholarship nancial opportunities to 1,678 Indian River County students; and WHEREAS, the organization has been supported through the generos and benevolence of the residents of Indian River County for 35 years, helping to provide. .local dollars to local scholars NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF C COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board recognizes term commitment to Indian River County college -bound students, and to the resid Indian River County through the enormous impact made on the lives of 1,678 st through college scholarship financial opportunities, awarded by DOLLAR SCHOLARS OF INDIAN RIVER COUNTY, and that the Board of County Commis wholeheartedly supports the continuous mission of DOLLARS FOR SCHOLA INDIAN RIVER COUNTY to provide college scholarship opportunities to India County students. Adopted this 14'h day of November, 2000. NOVEMBER 14, 2000 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA e(2d Fran B. Adams, Chairman UNTY long nts of dents FOR ioners S OF River BK116P 015 Susan O'Dare of Dollars for Scholars thanked the Board for the honor and emphasized that education changes lives. No student who demonstrates desire and ability should be denied education due to a lack of funds. That was Dollars for Scholars' mission in 1965 and is still the mission today. They have supported more than 1678 students from this County due to the support and good wishes of the entire community. They are deeply grateful for the support of the Board and look forward to awarding a record number of scholarships this season. 5.A.2. PROCLAMATION DESIGNATING NOVEMBER I S. 2000 AS AMERICA RECYCLES DAY (MOVED FROM ITEM 7.D.) The Chairman presented the following Proclamation to Lisa Zahlner of Keep Indian River Beautiful: PROCLAMATION DESIGNATING_NOVEMBER 15, 2000, AS AMERICA RECYCLES DAY WHEREAS, each year Americans generate more than 217 million tons of municipal solid waste, which is more than 4.4 pounds per person per day While the nation has reached an overall recycling rate of more than 28 percent, much more can be done, especially in closing the loop and purchasing products made with recycled content; and WHEREAS, to focus the nation's attention on the importance of recycling and closing the loop businesses, industries, government agencies, nonprofit organizations and individuals have joined together to celebrate America Recycles Day and are encouraging their employers staff customers, membership and all citizens to pledge to buy more recycled -content products, starting on November 15th; and • NOVEMBER 14, 2000 BK 116P6016 -4- WHEREAS, participating in America Recycles Day is one way citizens can help raise awareness about the need to reduce waste by reusing, recycling and buying recycled products; and WHEREAS, state and community leaders need to spread the word about the excellent recycling programs they have established, the growth of markets for recyclable materials, and the importance of buying recycled products; and WHEREAS, recycling education is part of the mission of Keep Indian River Beautiful, a certified Keep America Beautiful affiliate; and WHEREAS, Keep Indian River Beautiful is coordinating America Recycles Day activities in Indian River County. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that November 15, 2000, be designated as AMERICA RECYCLES DAY Adopted this 14th day of November, 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ecLuL__ dit)27144 Fran B Adams, Chairman Lisa Zahlner of Keep Indian River Beautiful thanked the Board and noted that this is the first year in Indian River County to celebrate America Recycles Day which was discovered on the interne. She asked local residents to increase their recycling efforts and to look for products made with recycled materials. KIRB publishes a local consumer guide to products available and appreciates the proclamation. NOVEMBER 14, 2000 BK 116 PG 017 S.B. RECREATION PRESENTATION - PROCLAMATION HONORING COMMISSIONER FRAN B. ADAMS VOLUNTEER RECREATION SPE IAL EVENTS EMCEE Pat Callahan of the Recreation Department presented the following Procla ation to Chairman Fran Adams, praising her commitment and thanking her for her involv.ment: PROCLAMATION HONORING COMMISSIONER FRAN B. ADAMS VOLUNTEER RECREATION SPECIAL EVENTS EMCEE WHEREAS, Fran B Adams is the Indian River County Commission "Chairlady' the year 2000; and WHEREAS, Fran B Adams is the Official Volunteer Emcee of the Recreati Department Special Events; and and n WHEREAS, she has devoted many hours to the Aerial Antics Circus as Ringmast: r; WHEREAS, she has contributed much of her time to the City of Vero Beach a North County Recreation Halloween Parades as Emcee; and WHEREAS, after all those hours she still has time to work Recreation teen even and NOVEMBER 14, 2000 BK f PG 0 18 -6- { mm WHEREAS, she personifies not only a County Commissioner, but also a Recreat'on Professional in that she is energetic, determined, talented, and not afraid to fight and work hard for what she believes is the right way. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board on behalf of the Recreation Department, do hereby thank and acknowledge Fran B. Adams as the Official Volunteer Recreation Special Events Emcee. Adopted this 14th day of November, 2000. • BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 10 Caroline D Ginn, Vice Chairman Chairman Adams thanked everyone and stated that being the Emcee is a wonderful job and always a lot of fun. 6.A. APPROVAL OF MINUTES - OCTOBER 17, 2000 Deferred. 6.B. APPROVAL OF MINUTES - OCTOBER 24, 2000 Deferred. NOVEMBER 14, 2000 BK 116PG019 7. CONSENT AGENDA 7.A. KARL ZIMMERMANN. TAX COLLECTOR - AMENDED 1999 (UNUSED) FEE REPORT. AMENDING THE 1999 FEE REPORT ACCEPTED BY THE BOARD ON NOVEMBER 16,1999 The Board reviewed a letter of May 12, 2000, with attachments: KARL ZIMMERMANN, C.EC ' Tisa Collector CERTIFIED FLORIDA COLLECTOR May 12, 2000 Honorable Fran Adams Chairman, Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Ms. Adams: RECEIVED MAY 1 5 2000 BOARD OF COUNTY COMMISSION DISTRIBUTION LIVT Coalmissianers� Administt�!ot Mtcrney Fersonnei Public Works Co^Imuni!y Dev. Utditiesr�� finance OMB Emerg. Serv. Risk Mgt Other Impa I am enclosing the amended 1999 (Unused) Fee Report of the Indian River County Tax Collector's office. Total income for fees from all sources for 1999 was $3,580,510.72; total expenditures were $2,032,314 38; and the unused fees were $1,548,196.34. Comparable figures for 1998 were, total income from all sources $3,360,149.64; total expenditures were $2,047,991.64; producing unused fees of $1,312,158.00. NOVEMBER 14, 2000 BK 116P6020 -8- If you have any questions, please contact me. rl Zimme ax Coltec EXCESS99 INDIAN RIVER COUNTY TAX COLLECTOR KARL ZIMMERMANN, TAX COLLECTOR _EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 1999 AGENCY COMMISSIONS COLLECTED 98-99 GENERAL FUND EMS SERV DIST ROCKRIDGE SLD LAURELWOOD SLD GIFFORD SLD LAUREL CT SLD VERO LAKES MSTU VB HIGH SLD IXORA PK SLD PORPOISE PT SLD VERO SHORES SLD POINCIANA SLD ROSELAND RD SLD GLENDALE LK SLD WALKERS GLEN SLD FLORALTON SLD TIERRA LINDA SLD WHISPERING PINES S MOORINGS SLD LAND ACQ BOND LIBRARY BOND LANDFILL BEACH BOND FIND SCHOOL DISTRICT ST JOHNS WMD SEB INLET DIST MOSQUITO CONT HOSPITAL FELLSMERE WCD IR FARMS WCD ST JOHNS WCD SEB RIVER WCD VERO LAKES WCD DELTA FARMS WCD TOTAL 1,768,084.04 247,393.06 95.75 90.78 933.33 14.81 1,294.05 899.53 100.18 9.80 81.28 214.90 28.27 53.18 30.13 29.30 30.95 25.41 419.24 32,018.70 10.56 121,694.29 0.00 5,821.51 140,848.97 59,711.27 2,888.95 34,361.57 102,834.24 1,500.00 1,500.00 1,500.00 981.47 238.71 1,500.00 2,527,238.23 NOVEMBER 14, 2000 69.961% 9.789% 0.004% 0.004% 0.037% 0.001% 0.051% 0.036% 0.004% 0.000% 0.003% 0.009% 0.001% 0.002% 0.001% 0.001% 0.001% 0.001% 0.017% 1.267% 0.000% 4.815% 0.230% 5.573% 2.363% 0.114% 1.360% 4.069% 0.059% 0.059% 0.059% 0.039% 0.009% 0.059% 100.000% 98-99 98-99 EXCESS FEES ADDTL EXC FEES 1464,298.96 83,897.38 1,024,439.96 143,341.00 55.00 53.00 541.00 9.00 750.00 521.00 58.00 6.00 47.00 125.00 16.00 31.00 17.00 17.00 18.00 15.00 243.00 18,552.00 6.00 70,510.00 3,373.00 81,609.00 34,597.00 1,674.00 19,909.00 59,583.00 869.00 869.00 869.00 569.00 138.00 869.00 58,694.38 8,213.00 3.00 3.00 31.00 0.00 43.00 30.00 3.00 0.00 3.00 7.00 1.00 2.00 1.00 1.00 1.00 1.00 14.00 1,063.00 0.00 4,040.00 193.00 4,676.00 1,982.00 96.00 1,141.00 3,414.00 50.00 50.00 50.00 33.00 8.00 50.00 1,464,298.96 83,897.38 TOTA 1,083,1 .34 151,5 .00 5;.00 5•.00 57.00 = .00 79 c .00 55 .00 6 .00 00 5 ' .00 13'.00 1 .00 3 .00 1 .00 1 .00 1- .00 1 • .00 25 .00 19,61 .00 .00 74,5''.00 0.00 3,5:6.00 86,2:5.00 36,5 9.00 1, 0.00 21,0 0.00 62,9.7.00 9 9.00 9 9.00 9 9.00 6 * 2.00 1 6.00 919.00 1,548,1 • •.34 BK 116 PG 21 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously accepted the Amended 1999 (Unused) Fee Report, amending the 1999 Fee Report accepted by the Board on November 16, 1999. 7.B. KARL ZIMMERMANN, TAX COLLECTOR - ANNUAL FINANCIAL REpORT FOR FY ENDING SEPTEMBER 30, 2000 AND (UNUSED) FEE REPORT FOR YEAR 2000 The Board reviewed a Memorandum of October 31, 2000: KARL ZIMMERMANN, C FC Tax Collector LLRTIrILp rLoRIpA COI Lis Ti'R October 31, 2000 To: Board of County Commissioners From: Karl Zimmermann, Tax Collector t/ Subject: Annual Financial Report for Fiscalar Ending September 30, 2000 As required under Section 218.36 of the Florida Statutes, attached is my report for the subject fiscal year. Also enclosed is the distribution of unused fees for the same penod. If you have any questions, please contact me. NOVEMBER 14, 2000 BK 116PG022 -10- i INDIAN RIVER COUNTY, FLORIDA TAX COLLECTOR BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS FOR THE YEAR ENDED SEPTEMBER 30, 2000 ASSETS ACCOUNT NUMBER CASH -UNRESTRICTED PETTY CASH EQUITY IN POOLED CASH ACCOUNTS RECEIVABLE SUPPLIES INVENTORY INVESTMENTS OTHER ASSETS OTHER ASSETS OTHER ASSETS AMOUNT TO PROVIDE -OTHER LIABILITIES TOTAL ASSETS LIABILITIES AND FUND EQUITY LIABILITIES: ACCOUNTS PAYABLE DUE TO BOARD OF COUNTY COMMISSIONERS DUE TO STATE OF FLORIDA DUE TO OTHER GOVERNMENTS DEPOSITS OTHER LIABILITIES OTHER LIABILITIES OTHER LIABILITIES - LONG TERM ACCRUED COMPENSATED ABSENCES TOTAL LIABILITIES FUND EQUITY: FUND BALANCE TOTAL FUND EQUITY TOTAL LIABILITIES AND FUND EQUITY NOVEMBER 14, 2000 101 102 104 115 141 151 189 202 208 208 208 220 239 239 271.20 FUND 100 GENERAL FUND 35.500 $1,852,713 $33,475 $596 $58,467 $1.950,751 $262,248 $1,470,732 $217,771 FUND 200 TAXING AUTHORITIES $910,020 ($886) AGENCY FUNDS FUND 300 - FU 900 OTHER DEFERRED GENE D LLONG GOVERNMENT COMPENSATION TER DEBT $275,285 $909,134 $275,285 $191,165 $191,165 $909.134 $275,285 $1,950,751 $909,134 $275,285 So S0 $1,950,751 --- $909,134 SO -11- SO $191,165 $ 115,929 3115,929 $93,036 $22.893 $191,165 5115,929 $275.285 So $191,165 S0 S0 $o s S0 $115,929 BK 116PG023 SO INDIAN RIVER COUNTY, FLORIDA TAX COLLECTOR STATEMENT Of REVENUES,EXPENDITURES AND CHANGES IN FUND ALL GOVERNMENTAL DUAND ACTUAL DS FOR THE YEAR ENDED SEPTEMBER 30, 2000 REVENUES CHARGES FOR SERVICES: COUNTY OFFICERS COMMISSIONS MISCELLANEOUS REVENUES: INTEREST OTHER REVENUES OTHER REVENUES TOTAL REVENUE EXPENDITURES ACCOUNT NUMBER GENERAL GOVERNMENT SERVICES: FINANCIAL AND ADMINISTRATIVE: PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY DEBT SERVICE: PRINCIPAL RETIREMENT INTEREST OTHER DEBT SERVICE TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) TRANSFERS IN LEASE PURCHASE PROCEEDS TRANSFERS OUT TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10101199 FUND BALANCES 9/30/00 341.80 361.10 513.10 513.30 513.60 513.71 513.72 BUDGET $3,479,780 $146,600 $3,626,380 GENERAL FUND VARIANCE FAVORABLE ACTUAL (UNFAVORABLE) $1,332,070 $652,567 $0 $85,051 $7,557 $3,537,617 $57,837 $148,957 $2,357 $3,686,574 $60,194 $1,227,041 $655,004 $23,418 $85,051 $7,557 $2,077,245 $1,998,071 $1,549,135 $1,688,503 ($1,549,135) ($1,688,503) ---------------- ------ _($11549,1135) ($1,688,503) ----- $105,029 ($2,437 ($23,418 $ $79,17 $139 36 ($139,36 ($139, So So I do solemnly swear that the foregoing is a true, correct and complete report of all revenues and expend! year ending the 30th day of September, 2000. <41••• NOVEMBER 14, 2000 ice of Tax s of my office for the lvu t (Signature) o$ector, Indian River County BK116PG024 -12- moMm INDIAN RIVER COUNTY, FLORIDA TAX COLLECTOR COMBINING STATEMENT OF CHANGES IN ASSETS AND LIABILITIES ALL AGENCY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2000 CASH AND CASH EQUIVALENTS INVESTMENTS ACCOUNTS RECEIVABLE D UE FROM OTHER GOVERNMENTS INVENTORIES INT REC ON INVESTMENTS 10/01/99 BALANCE $2,523,790 $135,255 $69,802 ADDITIONS $154,909,178 $78,168 $290,097 DEDUCTIONS 9/30/00 BALAN E $156,247,663 $22,258 $360,785 $1,185,3 $191,1 ($8 5 5 6) TOTAL ASSETS $2,728,847 $155,277,443 $156.630,706 $1,375, :4 ACCOUNTS PAYABLE D UE TO OTHER GOVERNMENTS DUE TO OTHER FUNDS DEFERRED COMPENSATION ESCROW DEPOSITS TOTAL LIABILITIES $2,593,592 $135,255 $2,728,847 $155,199,275 $78,168 $155,277,443 $156,608,448 $22,258 $156,630,706 $1,184,•19 $191,1.5 $1,375,5:4 NOVEMBER 14, 2000 -13- BK 116PG125 EXCESSOO IDIAN RIVER COUNTY TAX COLLECTOR KARL ZIMMERMANN TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 2000 AGENCY COMMISSIONS COLLECTED 99-00 GENERAL FUND EMS SERV DIST ROCKRIDGE SLD LAURELWOOD SLD GIFFORD SLD LAUREL CT SLD VERO LAKES MSTU VB HIGH SLD IXORA PK SLD PORPOISE PT SLD VERO SHORES SLD POINCIANA SLD ROSELAND RD SLD GLENDALE LK SLD WALKERS GLEN SLD IORALTON SLD IERRA LINDA SLD WHISPERING PINES S MOORINGS SLD LAND ACQ BOND LIBRARY BOND LANDFILL BEACH BOND FIND SCHOOL DISTRICT ST JOHNS WMD SEB INLET DIST MOSQUITO CONT HOSPITAL FELLSMERE WCD IR FARMS WCD ST JOHNS WCD SEB RIVER WCD VERO LAKES WCD DELTA FARMS WCD TOTAL NOVEMBER 14, 2000 1,847,471.68 282,136.15 99.18 93.09 992.28 15.03 1,338.48 940.42 102.29 10.01 85.68 218.18 29.00 54.65 29.59 28.30 31.20 25.97 433.02 32,550.93 15.15 125,216.14 56.23 5,981.74 135,979.06 65,452.90 3,096.92 38,740.89 82,929.03 1,500.00 1,500.00 1,500.00 1,065.83 122.87 1,500.00 70.210% 10.722% 0.004% 0.004% 0.038% 0.001% 0.051% 0.036% 0.004% 0.000% 0.003% 0.008% 0.001% 0.002% 0.001% 0.001% 0.001% 0.001% 0.016% 1.237% 0.001% 4.759% 0.002% 0.227% 5.168% 2 487% 0.118% 1.472% 3.152% 0.057% 0.057% 0.057% 0.041% 0.005% 0.057% 2,631,341.89 100.000% -14- elm 99-00 EXCESS FEES 1,688,503.26 1,185,498.26 181,044.00 64.00 60.00 637.00 10.00 859.00 603.00 66.00 6.00 55.00 140.00 19.00 35.00 19.00 18.00 20.00 17.00 278.00 20,888.00 10.00 80,350.00 3t. 00 3,83800 87,256.00 42,000.00 1,987.00 24,860.00 53,215.00 963.00 963.00 963.00 684.00 79.00 963.00 1,688,503.26 BK 116PG026 IMEN October 31, 2000 KARL ZIMMERMANN, C FC ' Tax Collector CERTIFIED FLORIDA COLLECTOR Mrs. Fran Adams Chairman, Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FI 32960 Dear Mrs. Adams: Gra 1 am enclosing the 2000 (Unused) Fee report of the Indian River County Tax Collector's office. Total income for fees from all sources for 2000 was $3,686,573.95; total expenditures were 51,998.070.69; and the unused fees were $1,688,503.26. Comparable figures for 1999, total income from all sources $3.500,892.61; total expenditures were $2.036,593.65; producing unused fees of SI, 464,298.96. If you have any questions, please contact me. Sincere! NOVEMBER 14, 2000 -15- BK 116 PG 027 EXCESSOO DIAN RIVER COUNTY TAX COLLECTOR .ARL ZIMMERMANN TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 2000 AGENCY COMMISSIONS COLLECTED 99-00 99-00 EXCESS FEES ok 1688,503.26 GENERAL FUND EMS SERV DIST ROCKRIDGE SLD LAURELWOOD SLD GIFFORD SLD LAUREL CT SLD VERO LAKES MSTU VB HIGH SLD IXORA PK SLD PORPOISE PT SLD VERO SHORES SLD POINCIANA SLD ROSELAND RD SLD GLENDALE LK SLD 'WALKERS GLEN SLD °LORALTON SLD .ERRA LINDA SLD WHISPERING PINES S MOORINGS SLD LAND ACQ BOND LIBRARY BOND LANDFILL BEACH BOND FIND SCHOOL DISTRICT ST JOHNS WMD SEB INLET DIST MOSQUITO CONT HOSPITAL FELLSMERE WCD IR FARMS WCD ST JOHNS WCD SEB RIVER WCD VERO LAKES WCD DELTA FARMS WCD TOTAL NOVEMBER 14, 2000 1,847,471.68 282,136.15 99.18 93.09 992.28 15.03 1,338.48 940.42 102.29 10.01 85.68 218.18 29.00 54.65 29.59 28.30 31.20 25.97 433.02 32,550.93 15.15 125,216.14 56.23 5,981.74 135,979.06 65,452.90 3,096.92 38,740.89 82,929.03 1,500.00 1,500.00 1,500.00 1,065.83 122.87 1,500.00 70.210% 10.722% 0.004% 0.004% 0.038% 0.001% 0.051% 0.036% 0.004% 0.000% 0.003% 0.008% 0.001% 0.002% 0.001% 0.001% 0.001% 0.001% 0.016% 1.237% 0.001% 4.759% 0.002% 0.227% 5.168% 2.487% 0.118% 1.472% 3.152% 0.057% 0.057% 0.057% 0.041% 0.005% 0.057% 2,631,341.89 100.000% -16- 1,185,498.26 181,044.00 64.00 60.00 637.00 10.00 859.00 603.00 66.00 6.00 55.00 140.00 19.00 35.00 19.00 18.00 20.00 17.00 278.00 20,888.00 10.00 80,350.00 36.00 3,838.00 87,256.00 42,000.00 1,987.00 24,860.00 53,215.00 963.00 963.00 963.00 684.00 79.00 963.00 1,688,503.26 BK 116PG028 KARL ZIMMERMANN, C.F.C.' Tax Colkctor CERTIFIED FLORIDA COLLECTOR October 31. 2000 Mrs. Fran Adams. Chairman Board of County Commissioners Indian River River 1840 25th Street Vero Beach. FI 32960 Dear Mrs. Adams: An ACH transaction in the amount of 51.470. of the 1999/2000 unused fees as of September The total amount of unused fees collecte $1.688.503.26 Sincere arl Zimme • ann Tax Collec .r 732.26 representing your taxing districts proportionate share 30.2000 was processed today. d by our department and available for distribution was ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously accepted the Annual Financial Report for FY Ending September 30, 2000 and (Unused) Fee Report for Year 2000. NOVEMBER 14, 2000 -17- BK 116 PG 029 7. C. LIST OF WARRANTS The Board reviewed a Memorandum of November 2, 2000: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: NOVEMBER 2, 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 October 25, 2000 to November 2, 2000. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent) unanimously approved the list of Warrants as issued by the Clerk to the Board for October 25, 2000 through November 2, 2000, as recommended by staff. NOVEMBER 14, 2000 -18- BK 116PG030 CHECK NAME NUMBER 0020818 0020835 O 020836 O 020837 O 020838 O 020839 O 020840 O 290041 0291368 O 291956 O 291957 0291958 O 291959 O 291960 0291961 O 291962 0291963 O 291964 0291965 O 291966 0291967 O 291968 0291969 O 291970 O 291971 O 291972 O 291973 O 291974 O 291975 O 291976 O 291977 O 291978 O 291979 0291980 O 291981 0291982 O 291983 O 291984 0291985 0291986 O 291987 0291988 O 291989 O 291990 O 291991 0291992 INTERNAL REVENUE SERVICE INTERNAL REVENUE SERVICE FLORIDA DEPT OF LABOR/EMPLOYMT TEAMSTERS LOCAL UNION NO 769 AETNA LIFE INSURANCE AND THE GUARDIAN UNUM PROVIDENCE CORP STALHUT, SHANNON VERO BEACH POLICE DEPARTMENT ACTION TRANSMISSION AND ALPHA ACE HARDWARE ATCO TOOL SUPPLY ATLAS PEN & PENCIL CORP AUTO SUPPLY CO OF VERO BEACH, AT EASE ARMY NAVY ATLANTIC REPORTING ADAMSON, RON ALL RITE WATER CONDITIONING A T & T ASHWORTH INC ALL COUNTY MOWER & EQUIP CO ADAMS MEDIA CORP ARAMARK UNIFORM SERVICES A T & T AMERICAN SOCIETY OF CIVIL ABC PRINTING CO AHEAD HEADGEAR INC AMJ EQUIPMENT CORP ASSOCIATION OF PUBLIC BAIRD, JOSEPH A BAKER DISTRIBUTING CO BARTON, JEFFREY K -CLERK BOARD OF COUNTY COMMISSIONERS BLACKHAWK QUARRY COMPANY BLOCK, SAMUEL A PA BREATHING AIR SYSTEMS DIVISION BAKER & TAYLOR INC BRODART CO BENNETT TRUCK EQUIPMENT INC BYRON SISTLER & ASSOCIATES BLAKESLEE MAINTENANCE BOOKS ON TAPE INC BELLSOUTH MOBILITY BEELER, THOMAS T BELLSOUTH PUBLIC COMMUNICATION BATES APPEL, INC NOVEMBER 14, 2000 -19- CHECK DATE 2000-10-25 2000-10-26 2000-10-27 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-09-28 2000-10-19 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 CHECK AMOUNT .00 VOID 425.00 340.78 4,027.73 991.47 9,353.82 7,148.50 . 00 VOID . 00 VOID 715.65 36.14 22.04 332.68 2,408.72 611.00 703.25 378.95 128.95 53.42 1,353.35 94.08 295.00 6,755.30 1.78 195.00 1,347.19 132.00 405.20 60.00 483.86 1,127.27 3,075.25 2,560.13 715.62 5,626.60 674.63 819.85 612.54 1,385.00 1,848.60 100.00 170.50 377.33 341.25 76.39 30.00 BK 116 PG 031 CHECK NUMBER O 291993 O 291994 0291995 O 291996 O 291997 O 291998 O 291999 0292000 O 292001 O 292002 O 292003 0292004 0292005 0292006 0292007 0292008 O 292009 O 292010 0292011 0292012 0292013 O 292014 O 292015 O 292016 0292017 0292018 O 292019 0292020 0292021 0292022 0292023 O 292024 0292025 0292026 0292027 0292028 0292029 0292030 0292031 0292032 O 292033 O 292034 O 292035 0292036 0292037 O 292036 NAME BAKER, PAMELA A BASS-CARLTON SOD INC BROADCASTERS GENERAL STORE B & S SOD INC BANGEL, PAUL G SREWSTER, JONATHAN BODE RESEARCH GROUP BLITCH, SANDRA SPITZKEIT BEST WESTERN BENNETT, DAVID JAMES & JULIE BELLSOUTH BARTON, JEFFREY K -CLERK CAMERON & BARXLEY COMPANY COLD AIR DISTRIBUTORS COMMUNICATIONS INT'L INC CHEMSEARCH COASTAL REFINING & MARKETING CHIVERS NORTH AMERICA CORPORATION OF THE PRESIDENT CIT GROUP/COMMERCIAL SERVICES, CARTER, CYNTHIA L CENTRAL PUMP & SUPPLY INC CENTER FOR EMOTIONAL AND COPYCO, LIBERTY DIV OF CUSTOM PLASTIC CARD CO CONSTRUCTION LICENSING CONSTRUCTION BOOK EXPRESS COASTAL TITLE SERVICES INC COLUMBIA PROPANE COASTAL TITLE SERVICES INC COOK, DANIEL & HOLLY CLOUGHLEY, JAMES F CLARION HOTEL CUTLER, JAMES CARBITE GOLF CITY COURIER SERVICE COMMERCIAL TITLE SERVICE,INC COMMONWEALTH LAND TITLE DAVES SPORTING GOODS DAYS INN DEMCO INC D ICKERSON-FLORIDA, INC DOW, HOWELL, GILMORE, DATA SUPPLIES, INC D IETZ, DANIEL DAVID -GEOFFREY & ASSOCIATES NOVEMBER 14, 2000 -20- CHECK DATE 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 CHECK AMOUNT 150.00 108.00 437.69 475.00 411.55 15.00 602.95 300.00 142.50 5.75 761.35 2,697.97 4,622.99 284.17 220.30 141.68 9,063.27 48.45 42.25 94.17 40.02 29.74 370.5C 48.00 3,150.00 25.0) 48.65 1,362.39 23.23 101.80 15.00 15.00 79.00 500.00 441.81 35.00 1,543.03 4,515.23 383.04 140.25 169.72 134.91 6,230.00 182.79 31.60 575.97 BK 116 PG 032 CHECK NUMBER O 292039 O 292040 O 292041 O 292042 O 292043 O 292044 O 292045 O 292046 O 292047 0292048 0292049 O 292050 O 292051 0292052 0292053 O 292054 O 292055 O 292056 O 292057 O 292058 0292059 0292060 O 292061 0292062 O 292063 O 292064 O 292065 0292066 O 292067 O 292068 0292069 O 292070 0292071 O 292072 O 292073 O 292074 0292075 O 292078 O 292077 O 292078 0292079 0292080 0292081 O 292082 O 292083 0292084 NAME DONOVAN, RICHARD PT D IVOTS SPORTSWEAR, INC DUNKELBERGER ENGINEERING & DADE PAPER COMPANY DOWNTOWN PRODUCE INC DOYLE, STEVE DOLPHIN DATA PRODUCTS INC DOUGLAS PUBLICATIONS INC DENT, R NAOMI E G P INC ELPEX, INC EXPEDITER INC, THE ECONOMIC RESEARCH INSTITUTE ECOTECH CONSULTANTS, INC EAGLE PUBLISHING CO FEDEX FLORIDA BAR, THE FLORIDA COCA-COLA BOTTLING CO FLORIDA POWER & LIGHT COMPANY FLOWERS BAKING COMPANY OF FLORIDA ASSOCIATION OF CODE FLORIDA TIRE RECYCLING, INC FLORIDA MUNICIPAL INSURANCE FLORIDA NOTARY SERVICE AND FLORIDA ANIMAL LEAGUE F & W PUBLICATIONS INC FREIGHTLINER TRUCKS OF SOUTH FLORIDA PARK POLICE FIRESTONE TIRE & SERVICE FULFORD, PERRY & ALLISON FLORIDA ROCK INDUSTRIES, INC GALE GROUP, THE GATOR LUMBER COMPANY GAYLORD BROTHERS, INC GLIDDEN COMPANY, THE GOODKNIGHT LAWN EQUIPMENT, INC GRAYBAR ELECTRIC CO INC GOODYEAR AUTO SERVICE CENTER GLENDALE TRADE CENTER GINN, CAROLINE D GOBLE, RANDALL E. & TANYA GONZALEZ, PATRICK MD GRAPHX PRINTING GALEANO, RALPH P AND SANDRA GREENBERG, HARRY & LILLIAN GRAMS, CATHERINE RUTH NOVEMBER 14, 2000 -21- CHECK DATE 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 CHECK AMOUNT 200.00 612.70 337.69 757.80 192.91 46.60 2,813.00 148.73 30.00 361.00 2,118.80 121.72 168.50 2,146.68 29.90 103.14 182.50 455.15 7,212.03 121.12 150.00 2,598.12 886.00 335.80 45.00 297.97 2,904.60 25.00 2,076.45 15.00 549.27 1,732.54 56.97 3,091.17 116.42 159.60 192.33 262.95 210.00 27.96 1,094.79 200.00 1,603.00 15.00 96.41 300.00 BK 116 PG 33 CHECK NAME NUMBER O 292085 GOEL, AMITABH MD 0292086 HERCULES, INC O 292087 HUNTER AUTO SUPPLIES 0292088 HERITAGE QUEST 0292089 HUDSON PUMP 0292090 HACH COMPANY 0292091 HARRIS SANITATION, 0292092 HAILE DEAN SEED CO HILL MANUFACTURING HORIZON NURSERY HATCH, IRA C PA, TRUST ACCOUNT HUNTER, TIM HOME PEACE DEVELOPMENT LLC HOUSING ASSISTANCE COUNCIL INDIAN RIVER COUNTY INDIAN RIVER BATTERY, INC INDIAN RIVER BLUEPRINT CO INC INDIAN RIVER COUNTY UTILITY INGRAM LIBRARY SERVICES INDIAN RIVER COUNTY INDIAN RIVER COUNTY PLANNING INSURANCE SERVICING & INTERNATIONAL RIGHT OF WAY INDIAN RIVER ALL -FAB, INC IKON OFFICE SOLUTIONS INDIAN RIVER COUNTY SHERIFF'S IRRIGATION CONSULTANTS UNLIMIT JANIE DEAN CHEVROLET, INC JAMAR TECHNOLOGIES, INC. JEZICK, DARREN L JLT INSURANCE SERVICES JONES CHEMICALS, INC KEATING, ROBERT M KELLY TRACTOR CO KAPCO/KENT K S M ENGINEERING & TESTING K & M ELECTRIC SUPPLY INC 0292122 KLEIN, JEFF 0292123 KELLER, PAUL MD O 292124 LOWE'S COMPANIES, O 292125 L B SMITH, INC O 292126 LIGHT SOURCE BUSINESS O 292127 LFI VERO BEACH, INC O 292128 LOPRESTI, ETTA 0292129 LESCO, INC 0292130 LOWE'S COMPANIES,INC O 292093 O 292094 O 292095 0292096 0292097 0292098 0292099 0292100 0292101 0292102 0292103 O 292104 O 292105 0292106 0292107 0292108 0292109 0292110 0292111 0292112 0292113 O 292114 0292115 0292116 0292117 0292118 0292119 O 292120 0292121 INC INC. NOVEMBER 14, 2000 SYSTEMS -22- CHECK DATE 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 CHECK AMOUNT 200.00 3,234.00 862.34 2,250.15 1,040.75 223.35 61,070.14 120.50 129.75 100.00 1,149.53 60.00 15.00 2.00 100.00 1,478.55 134.62 2,660.36 128.46 1,300.00 1,523.00 1,575.00 175.00 170.00 64.10 60.00 131.03 294.90 381.00 300.00 275.00 4,438.02 202.83 18.64 383.81 160.00 156.74 15.00 200.00 2,669.08 193.19 362.80 4,287.14 183.06 360.01 35.70 BK 116 PG 034 CHECK NAME NUMBER 0292131 0292132 O 292133 0292134 O 292135 O 292136 O 292137 O 292138 O 292139 O 292140 0292141 O 292142 0292143 0292144 O 292145 0292146 0292147 O 292148 0292149 0292150 O 292151 0292152 O 292153 O 292154 O 292155 O 292156 O 292157 O 292158 0292159 0292160 0292161 O 292162 0292163 O 292164 0292165 0292166 0292167 O 292168 O 292169 0292170 O 292171 0292172 O 292173 O 292174 O 292175 O 292176 LIGHTHOUSE BOOKS LAQUINTA INN LAKE WALES LIBRARY ASSOCIATION LOHMAN, SCOTT LOBLOLLY PINES GOLF CLUB MACMILLAN OIL COMPANY MARSHALL CAVENDISH CORP MAXWELL PLUMBING, INC MCCOLLUM, NATHAN MID COAST TIRE SERVICE, INC MIKES GARAGE MILNER DOCUMENT PRODUCTS MARQUIS WHO'S WHO MICRO WAREHOUSE MARRIOTT - PALM BEACH GARDENS MITRON SYSTEMS CORPORATION MCMASTER-CARR SUPPLY COMPANY MAGNUM ENIVRONMENTAL SERVICES MARC INDUSTRIES MEDICARE PART B MARVIN F POER & COMPANY MAXFLI GOLF DIVISION MITCHELL, DARRIN L NOLTE, DAVID C N IKE USA, INC NOEL, THOMAS N ICHOLS, EVELYN NITRO LEISURE PRODUCTS, INC ON IT'S WAY ORLANDO SENTINEL, THE O 'HAIRE, QUINN & CHANDLER OFFUTT, WILLIAM E AND MAMI PEPSI -COLA COMPANY PETTY CASH PAVCO CONSTRUCTION, INC P ICTON PRESS PORT CONSOLIDATED PERCONTI DATA SYSTEMS, INC PRESS JOURNAL PALM BEACH REPORTING SERVICE PRAXAIR DISTRIBUTION PALM BEACH COUNTY PARLIAMENTARY REPORTING, INC POWERPLAN PLATT, ROY E JR PROPERTY TAX CONSULTANTS NOVEMBER 14, 2000 -23- CHECK DATE 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 CHECK AMOUNT 38.95 207_.00 30.00 64.42 600.00 356.97 142.81 113.76 211.99 38.70 170.00 84.60 482.84 444.12 356.00 181.00 214.03 105.00 1,724.36 197.10 15.00 1,056.03 15.00 24,647.25 1,776.75 128.75 285.99 324.00 185.20 504.40 405.00 15.00 237.50 32.94 8,160.50 713.50 862.06 1,100.00 122.00 209-. 50 72.00 39.00 173.30 1,436.23 15.00 15.00 BKII6PGOO 5 CHECK NUMBER 0292177 O 292178 O 292179 O 292180 O 292181 O 292182 O 292183 O 292184 O 292185 O 292186 0292187 O 292188 0292189 0292190 0292191 O 292192 0292193 0292194 0292195 O 292196 O 292197 0292198 0292199 O 292200 0292201 0292202 0292203 O 292204 0292205 0292206 O 292207 O 292208 0292209 0292210 0292211 0292212 0292213 O 292214 0292215 0292216 O 292217 0292218 O 292219 O 292220 0292221 O 292222 NAME RADISSON PLAZA HOTEL RINGHAVER ROSELAND VOLUNTEER FIRE DEPT RYAN, DENNIS A RIVERSIDE THEATRE INC RODDENBERRY, WALLACE E (GENE) RECORDED BOOKS, LLC RATHBUN, RONALD L RYAN REPORTING RASMUSSEN, KARA SCOTT'S SPORTING GOODS SECURITY TITLE OF INDIAN SHORELAND DEVELOPMENT, INC SOUTHERN EAGLE DISTRIBUTING, SOUTHERN ELECTRIC SUPPLY ST LUCIE BATTERY & TIRE, INC SUN COAST WELDING SUPPLIES INC SERVICE REFRIGERATION CO, INC STRUNK FUNERAL HOME SAM'S CLUB SOUTHERN SEWER EQUIPMENT SALES SEXTON, HILDY SPALDING SUN BELT MEDICAL SUPPLY, INC SOLINET SUPERIOR PRODUCTS MFG COMPANY SYSCO FOOD SERVICES OF STEWART MINING INDUSTRIES INC SNOBERGER, RUTH ANN SOUTHEAST LIBRARY BINDERY,INC S ILVA, VICTOR & RUTH SUEN, JOHN S & RU-YING C SUEN SAFETY PRODUCTS INC STAGE & SCREEN S IRS MANDARIN INC SEBASTIAN POLICE DEPARTMENT STARK, ISAAC AND AYALA SOMMERS, WAYNE SHANDOR, WILLIAM E S IMPSON, JAMES E SECURITY TITLE PARTNERS OF S PORT COURT INC SOUTH CAROLINA GENEALOGICAL SOUTH CAROLINA GENEALOGICAL SOUTH CAROLINA GENEALOGICAL SUWANNEE VALLEY GENEALOGICAL NOVEMBER 14, 2000 -24- CHECK DATE 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 CHECK AMOUNT 77.00 324.00 1,335.15 15.00 2,998.00 175.00 1,686.12 500.00 166.50 136.47 25.00 2,322.36 2,454.60 30.00 671.94 218.37 187.50 138.98 600.00 79.55 985.14 80.00 125.76 300.72 488.15 202.47 821.26 108.00 63.00 112.32 46.06 1,895.14 917.85 69.30 2,450.00 100.00 15.00 15.00 15.00 15.00 24.80 37,578.20 140.00 57.90 22.00 117.30 BK 116PG036 imEm CHECK NAME NUMBER O 292223 O 292224 O 292225 0292226 O 292227 O 292228 0292229 O 292230 0292231 0292232 O 292233 0292234 O 292235 0292236 O 292237 0292238 0292239 O 292240 O 292241 0292242 0292243 O 292244 0292245 O 292246 0292247 O 292248 0292249 O 292250 0292251 O 292252 0292253 O 292254 0292255 0292256 O 292257 O 292258 O 292259 0292260 0292261 O 292262 0292263 O 292264 0292265 O 292266 O 292267 O 292268 SOUTH CAROLINA GENEALOGICAL SOUTH CAROLINA GENEALOGICAL SMITH, RANDAL SEBASTIAN OFFICE SUPPLY SEBASTIAN POWER CENTER RENTAL SEIZ, LAWRENCE AND ELIZABETH SCOTT, LAURA L TEN -8 FIRE EQUIPMENT, INC THOMSON LEARNING TIPPIN, JOHN W TELECOMMUNICATIONS BOOK CLUB THERMOGAS COMPANY T A P SOD TREASURE COAST JEWELRY TUCKER, THOMAS TURNER COMMUNITIES UNIVERSAL SIGNS & ACCESSORIES ULVERSCROFT LARGE PRINT UTILITY SERVICE CO, INC US FILTER DISTRIBUTION GROUP UNIVERSAL LAND TITLE INC VERO BEACH, CITY OF VERO BEACH, CITY OF VERO BEACH POLICE DEPARTMENT VERO BEARING & BOLT VITELLO, PHILIP WAL-MART STORES, INC WOODY'S PRINTING WORLD ALMANAC EDUCATION WRIGHT, DOUGLAS M WAL-MART STORES, INC WILLHOFF, PATSY WILLIAM THIES & SONS, INC WILLIAMS, BETTY R, RN WACHTEL, JOHN WORKSRIGHT SOFTWARE INC WAL*MART STORE 931 WEST GROUP PAYMENT CTR WHEELED COACH INDUSTRIES INC W C G, INC WOLFE, WILMA WEST VOLUSIA HISTORICAL XEROX CORPORATION YAVORSKY'S TRUCK SERVICE,INC ZEPHYRHILLS NATURAL SPRING MILLER, JOSEPH NOVEMBER 14, 2000 -25- CHECK DATE 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 2000-11-02 CHECK AMOUNT 47.00 40.50 1,594.95 77.14 172.70 15.00 15.00 43.42 68.40 73.08 55.44 162.18 3,242.06 2,888.00 30.00 15.00 182.50 672.38 800.00 14,416.14 26.97 996.34 75,175.00 50.00 552.28 30.00 19.74 430.21 9.63 141.06 417.54 260.00 172.80 69.00 33.00 1,500.00 1.00 391.88 82,513.00 705.50 50.00 76.-04 376.79 17.90 17.75 3,852.54 532,949.73 BK 116PG03 7.D. PROCLAMATION DESIGNATING NOVEMBER 15, 2000 AS AMERICA RECYCLES DAY Moved to Item 5.A.2. 7.E. RIVER LAKE ESTATES SUBDIVISION (RAYMO, INC.) - CASH ESCROW IN SUPPORT OF BILL OF SALE OF UTILITY FACILITIES The Board reviewed a Memorandum of November 8, 2000: MEMORANDUM TO: The Board of County Commissioners FROM: William G. Collins II — Deputy County Attomey DATE: November 8, 2000 SUBJECT: River Lake Estates Subdivision - Cash Escrow in Support of Bill of Sale of Utility Facilities Raymo, Inc., the developer of River Lake Estates Subdivision, has transferred utility improvements (water and wastewater systems) within the subdivision to Indian River County by a Bill of Sale In order to secure the warranty of the Bill of Sale, they have provided a Cash Deposit and Escrow Agreement. RECOMMENDATION: Authorize the Chairman to execute the Cash Deposit and Escrow Agreement for River Lake Estates Subdivision's warranty of its utility improvements. NOVEMBER 14, 2000 -26- BK 116PG038 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously authorized the Chairman to execute the Cash Deposit and Escrow Agreement for River Lake Estates Subdivision's warranty of its utility improvements, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. F. GHO HOMES. INC. - REQUEST FOR FINAL PLAT APPROVAL FOR PHASE II -A OF THE LINDSEY LANES SUBDIVISION The Board reviewed a Memorandum of November 8, 2000: TO: James E. Chandler County Administrator DI N HEAD CONCURRENCE: Robert M. Keating, AICP Community Development Director FROM: Stan Boling ICP Planning Director DATE: November 8, 2000 SUBJECT: GHO Homes, Inc.'s Request for Final Plat Approval for Phase II -A of the Lindsey Lanes Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 14, 2000. NOVEMBER 14, 2000 -27- BK 1 16 PG 039 DESCRIPTION & CONDITIONS: Lindsey Lanes Subdivision. Phase II -A. is a thirty (30) lot subdivision of a 9.19 acre parcel of land located south of 49th Street and west of 43rd Avenue. The subject property being subdivided is zoned RS -6 (residential, single family up to 6 units/acre) and is being developed at a density of 3.26 units per acre. On June 25, 1998. the Planning and Zoning Commission granted preliminary plat approval for Phase II -A of Lindsey Lanes Subdivision. The developer, GHO Homes Inc., subsequently obtained a county land development permit and commenced construction. The applicant is proposing to "bond - out" for the remaining required improvements as allowed by the land development regulations (LDRs). The applicant is now requesting final plat approval and has submitted the following: 1. A final plat in substantial conformance with the approved preliminary plat. and 2. An Engineers Certified Cost Estimate for the remaining required improvements, and 3. A completed Contract for Construction of remaining required improvements, and 4. A letter of credit to secure the construction contract. ANALYSIS: Approximately 75% of the required subdivision improvements have been completed. At this time, the applicant is proposing to bond -out for the remaining required subdivision improvements as provided for in the county's LDRs. Public Works and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate and corresponding letter of credit amount. The County Attomey's Office is in the process of reviewing the revised final plat as well as the submitted Contract for Construction. It is anticipated that these documents will be approved by the Counts Attorney's Office prior to the November 14th Board meeting. The letter of credit, which represents 115% of the estimated cost to construct the remaining required improvements, will be submitted prior to recording the plat. It should be noted that all improvements within Phase II -A of Lindsey Lanes Subdivision will be public, and will be dedicated to Indian River County upon completion of the required subdivision improvements. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners: 1. Grant final plat approval for Lindsey Lanes Phase II -A, and 2. Authonze the Chairman to execute the submitted Contract for Construction of remaining required improvements and accept the letter of credit that secures the contract. ATTACHMENTS: 1. Application 2. Location Map 3. Plat Layout 4. Contract for Construction NOVEMBER 14, 2000 -28- BKI16PG040 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously granted final plat approval for Lindsey Lanes Phase II -A; authorized the Chairman to execute the submitted Contract for Construction of remaining required improvements; and accepted the letter of credit that secures the contract; all as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2000-200113YRNE STATE AND LOCAL LAW ENFORCEMENT GRANTS (MACE AND SUBSTANCE ABUSE) The Board reviewed a Memorandum of November 8, 2000: NOVEMBER 14, 2000 -29- BK 1 16 PG 4! TO: Members of the Board of County Commissioners DATE: November 8, 2000 SUBJECT: FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2000/2001 BYRNE STATE AND LOCAL LAW ENFORCEMENT GRANTS inao.]w,e, FROM: Kimberly Massung Executive Aide Request authorization for the Chairman to sign the Certification of Acceptance of Subgrant Award for the Multi -Agency Drug Enforcement Unit (MACE) Grant in the amount of $90,360 and the Substance Abuse Administration Grant the amount of $15,777. Copies of the approved subgrant application are available for review in the Commission Office. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously authorized the Chairman to sign the Certification of Acceptance of SubGrant Awards for the Multi -Agency Drug Enforcement Unit Grant in the amount of $90,360 and the Substance Abuse Administration Grant in the amount of $15,777, as requested. CERTIFICATES OF ACCEPTANCE FOR THESE GRANTS ARE ON FILE IN TffE OFFICE OF THE CLERK TO THE BOARD NOVEMBER 14, 2000 -30- BK 116 PG 042 7.H. BID #3022 - SEMIANNUAL CONTRACT FOR READY MIX CONCRETE - RUSSELL CONCRETE OF VERO BEACH AND TARMAC AMERICA OF FT. PIERCE The Board reviewed a Memorandum of November 6, 2000: DATE: November 6, 2000 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator Thomas Frame, General Services Director-j....e is) FROM: Fran Boynton -Powell, Purchasing Manager SUBJECT: Bid Award: IRC #3022 Semi -Annual Contract for Ready Mix Concrete Public Works/Road & Bridge Division BACKGROUND INFORMATION Bid Opening Date* Advertising Dates• Specifications Mailed to: Replies: October 5, 2000 at 2:00 P.M. September 21 & 27, 2000 Three (3) Vendors Three (3) Vendors Note: * CSR Rinker Materials has additional charges of $6 00 for environmental fees and fuel charges will be added per load. LAST YEAR EXPENDITURE $15,899.00 RECOMMENDATION Staff recommends the following: • Award the bid to the two lowest bidders, Russell Concrete of Vero Beach as the first low bidder and Tarmac America of FT Pierce as the second low bidder. This multiple award establishes a schedule bf rotation to meet the delivery demands for the Road and Bridge Division. • Establish an Open End Contract with both vendors and establish a not to exceed amount of $20,000.00 for the period November 14, 2000 through May 13, 2001. • Authorize the Purchasing Manager to renew this contract for two (2) additional six (6) month penods subject to satisfactory performance, zero cost increase vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County. NOVEMBER 14, 2000 -31- BK 116 PG 043 BID TABULATION Estimated Quantities Last Budget Year Prices 12 months Russell Concrete Vero Beach, Fl (6 month price) Tarmac America Ft. Pierce, FI (6 month price) CSR Rinker Vero Beach, Fl (6 month price) Concrete, 2,500 PSI 150 cubic yards 565.00 cuvd S61.50 cuvd 570.00 cuvd 585.00 cuvd Concrete, 3,000 PSI 10 cubic yards 567.00 cuvd • S63.00 cuvd S71.50 cuvd 587.00 cuvd Concrete, 4,000 PSI 10 cubic yards 571.00 cuvd 566.50 cuvd 574.50 cuvd S91.00 cuyd Load Charge 40 loads 575.00 cuvd S50.00 charge 5100.00 charge 575.00 charge Grand Total 514,130.00 512,520.00 515,960.00 • 517,530.00 Note: * CSR Rinker Materials has additional charges of $6 00 for environmental fees and fuel charges will be added per load. LAST YEAR EXPENDITURE $15,899.00 RECOMMENDATION Staff recommends the following: • Award the bid to the two lowest bidders, Russell Concrete of Vero Beach as the first low bidder and Tarmac America of FT Pierce as the second low bidder. This multiple award establishes a schedule bf rotation to meet the delivery demands for the Road and Bridge Division. • Establish an Open End Contract with both vendors and establish a not to exceed amount of $20,000.00 for the period November 14, 2000 through May 13, 2001. • Authorize the Purchasing Manager to renew this contract for two (2) additional six (6) month penods subject to satisfactory performance, zero cost increase vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County. NOVEMBER 14, 2000 -31- BK 116 PG 043 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously awarded Bid #3022 to the 2 lowest bidders, Russell Concrete of Vero Beach and __ Tarmac America of Ft. Pierce, with the conditions outlined in staff's memorandum and recommended by staff 7.I. BID #3026 - ANNUAL CHILLER MAINTENANCE FOR COUNTY ADMINISTRATION BUILDING - YORK INTERNATIONAL CORPORATION They Board reviewed a Memorandum of November 6, 2000: DATE* TO: THRU: FROM: SUBJECT: November 6. 2000 BOARD OF COUNTY COMMISSIONERS James E. Chandler, County Administrator Thomas Frame. General Services Director •••figs4.4 u) J. Fran Boynton -Powell, Purchasing Manager Bid Award: IRC #3026 Annual Chiller Maintenance for County Admuustratton Building/Building & Grounds Division BACKGROUND INFORMATION Bid Opening Date: Adverusing Dater DeinandStar Broadcast Last: Replies: 'No Bid" Response: VENDOR Current Year Prices York International Corporation Ft. Lauderdale, Fl Irvine Mechanical Orlando. Fl NOVEMBER 14, 2000 October 23. 2000 at 2:00 P.M. October 9 & 16 2000 Seventy Two (72) Vendors Two (2) Vendors Two (2) Vendors MONTHLY MAINTENANCE COST 5492 50/month 5729.00/month 5750.00/month -32- BID TOTAL S5 910.00 58,748.00 $9,000.00 BK 116 PG 044 SOURCE OF FUNDS Maintenance of Air Conditioning (001-220-519-034-62) ESTIMATED BUDGET $8,800.00 RECOMMENDATION • Staff recommends that the bid be awarded to York International Corporation as the lowest most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. • Establish an Open End Contract with York International Corporation with a not to exceed amount of $8,800 for the penod November 14, 2000 through November 13, 2001. • Authorize the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to sausfactory performance, zero cost mcrease, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously awarded Bid #3026 to York International Corporation with the conditions as outlined in staff's memorandum and recommended by staff, 7.J. BID #3010 - ANNUAL MISCELLANEOUS LABOR CONTRACT FOR WATER. SEWER AND RECLAIM WATER LINE REPLACEMENT/EXTENSIONS MINOR PROJECTS - REJECT BID The Board reviewed a Memorandum of November 6, 2000: DATE: - November 6, 2000 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator Thomas Frame, General Services Director ,a4 &, ql._ FROM: Fran Boynton -Powell, Purchasing Manage SUBJECT: Bid Award IRC 3010 Annual Miscellaneous Labor Contract for Water, Sewer and Reclaim Water Line Replacement/Extensions Minor Projects Utilities Department NOVEMBER 14, 2000 -33- BK 116 PG 045 BACKGROUND INFORMATION The Utilities Department has identified a need to establish a contract with a general utilities contractor for miscellaneous water and sewer line replacement and extensions projects during the current budget year The open end contract for this period is estimated at $300,000 worth of miscellaneous labor. Each bidder is required to provide satisfactory evidence that his company can secure a performance bond for the aforementioned amount A separate performance bond and labor and material payment bond shall be required for each work order whose value exceeds $25,000 and shall contain a specific provision that delay damages are covered by the performance bond. Bid Opening Date: October 11, 2000 at 2:00 P.M Pre•Bid Conference Held: September 29, 2000 Advertising Dates: September 20 & 27, 2000 Vendors Requesting Plans: Six (6) Vendors Advertisement Mailed To: Thirty two (321 Vendors Replies. One (1) Vendor VENDOR BID TOTAL Treasure Coast Contracting $65,276.00 Vero Beach, Florida RECOMMENDATION Staff recommends that the sole bid be rejected due to inflated unit prices compared to current market rate, revise the specifications (remove mobilization and de -watering charges and add a multiplier for emergency work) and re -bid this contract (Department Memo Attached.) ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously rejected the sole bid due to inflated unit prices compared to current market rate and authorized staff to revise the specifications and re- bid the contract, as recommended by staff 9.A.1. PUBLIC HEARING - ORDINANCE 2000-037 AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR: (1) CARSON PLATT - ±5,361 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF I-95 AND CR -512 FROM AG -1 AND AG -2 TO C-1; (2) BERRY GROVES - ±3,288 ACRES NOVEMBER 14, 2000 -34- BK 116 PG 046 IMEM LOCATED AT THE SOUTHEAST CORNER OF 77TH STREET AND 130TH AVENUE FROM AG -2 TO C-1; (3) PELICAN ISLAND NATIONAL WILDLIFE REFUGE - ±59.4 ACRES LOCATED ON THE WEST SIDE OF JUNGLE TRAIL, NORTH OF WINDSOR, FROM L-1 TO C-1; AND (4) WOMEN'S CLUB TRACT - ±20 ACRES LOCATED ON THE WEST SIDE OF 58TH AVENUE APPROXIMATELY 660 FEET SOUTH OF 49TH STREET FROM L-2 TO C-1 - PLAN AMENDMENT LUDA 20-01- 0081 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 November 8, 2000: TO: James E. Chandler; County Administrator DE = • MENT HEAD CONCURRENCE Roert M. Keating, AICP; ommunity Development Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning FROM: DATE: RE• John Wachtel; Senior Planner, Long -Range Planning November 8, 2000 County Initiated Request to Amend The Comprehensive Plan to Redesignate ±5,361 Acres from AG -1 and AG -2 to C-1, And to Rezone Those ±5,361 Acres From A-1 and A-2 to Con -1; to Amend the Comprehensive Plan to Redesignate ±3,288 Acres From AG -2 to C-1, And to Rezone Those ±3,288 Acres From A-2 to Con -1; to Amend The Comprehensive Plan to Redesignate ±59.4 Acres From L-1 to C-1, And to Rezone Those ±59.4 Acres From A-1 to Con -1; And to Amend The Comprehensive Plan to Redesignate ±20 Acres From L-2 to C-1, And to Rezone Those ±20 Acres From RS -3 to Con -1 PLAN AMENDMENT NUMBER: LUDA 20-01-0081 NOVEMBER 14, 2000 -35- BK 116 PG 047 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 14, 2000. DESCRIPTION AND CONDITIONS This is a county initiated request involving four separate parcels, each of which contains environmentally sensitive and environmentally important land now under some form of public ownership. Figures 1 to 8 at the end of this staff report show the locations, land use designations, and zoning districts of the subject properties. Summarized in the table below this request involves changing both the land use designation and the zoning of each site. The purpose of this request is to secure the necessary land use designation and zoning to reflect the subject properties' public ownership and to ensure that the subject properties' environmental significance will be preserved. TABLE 1 SUBJECT PROPERTY 1 SUBJECT PROPERTY 2 SUBJECT PROPERTY 3 SUBJECT PROPERTY 4 KNOWN AS Canon Platt Estate Berry Groves Pelican Island NWR Women's Club Tract GENERAL LOCATION Northwest of the intersection of 1-95 and CR 512 Southeast comer of 771° Sweet and 130" Avenue West side of Jungle Trail, North of Windsor West side of 58" Avenue. :660 feet south of 491° Street SIZE IN ACRES 5,361 3.288 59.4 20 CURRENT LAND USE DESIGNATION AG -I, Agricultural -1 (up to 1 unit/5 acres), and AG -2. Agncultural-2 (up to I unit/10 acres) AG -2. Agricultural -2 (up to I unit/IO acres) L -I. Low -Density Residential -I (up to 3 units/acre) L-2. Low -Density Residential 2 (up to 6 units,acrel PROPOSED LAND USE DESIGNATION CA, Publicly Owned or Controlled Conservation -1 (zero density) C -l. Publicly Owned or Controlled Conservation -I (zero density) C-1, Publicly Owned or Controlled Conservation -I (zero density) C-1, Publicly Owned or Controlled Conservation -1 (zero density) CURRENT ZONING A-1, Agricultural Dist. (up to 1 unit/5 acres), & A-2, Agricultural Dist. (up to 1 unit/10 acres) A-2. Agncultural Dist. (up to 1 unit/10 acres) A -I. Agncultural Dist. (up to 1 unit/5 acres) RS -3, Single -Family Residential Dist. (up to 3 units/acre) PROPOSED ZONING Con -1, Public Lands Conservation District (zero density) Con -I, Public Lands Conservation District (zero density) Con -1, Public Lands Conservation District (zero density) Con -1, Public Lands Conservation Distnct (zero density) Rezoning Procedures Although the land use designation amendment portion of this request may be adopted at the November 14, 2000, Board of County Commissioners meeting, state law provides some special requirements for county initiated rezoning requests that involve more than ten acres. The most relevant of those special requirements are the following: MMM • The Board must hold two advertised public hearings; • One of the public hearings must be after 5:00 p m. on a weekday, unless four Commissioners vote to conduct that hearing at another time of day; and • The second hearing must be held at least ten days after the first hearing and must be advertised at least five days prior to the second hearing. NOVEMBER 14, 2000 -36- BK 116 PG 048 The November 14, 2000, Board of County Commissioners meeting fulfills the requirements for one of the public hearings. Provided the advertising requirements are met the second hearing can be held on any weekday after November 24 2000, at a time determined by the Board of County Commissioners. The rezoning ordinance then can be adopted at the second hearing. Pending the results of the November 14, 2000, meeting, staff has tentatively scheduled the second rezoning public hearing for December 5, 2000, the date of the first regular Board of County Commissioners meeting that satisfies the state requirements. Past Actions On May 11, 2000, the Planning and Zoning Commission voted 6 to 0 to recommend that the Board of County Commissioners approve this request to redesignate and rezone the subject properties. On July 11, 2000, the Board of County Commissioners voted 5 to 0 to transmit the proposed land use designation amendment request to the Florida Department of Community Affairs (DCA) for their review. Board of County Commissioners Responsibility The Board of County Commissioners is now to decide the following: • whether or not to adopt the proposed land use designation for all four subject properties; and • whether or not to hold the second rezoning public hearing at 9:00 a.m. at a regular Board of County Commissioners meeting. ORC Report Consistent with state regulations DCA reviewed the proposed amendment and prepared an Objections, Recommendations and Comments (ORC) Report (dated September 29, 2000), which planning staff received on October 2, 2000. The DCA ORC Report did not contain any objections or comments relating to the proposed amendment. Existing Land Use Pattern Subject Property 1 Subject Property 1 is part of the ±22,000 acre St. Sebastian Buffer Preserve. That preserve includes land adjacent to Subject Property 1 on the north, in Brevard County, and on the east (The Coraci Tract in Indian River County) Containing pine flatwoods, wetlands, and scrub habitat, the St. Sebastian Buffer Preserve, including Subject Property 1, is nearly completely undeveloped The portion of the preserve located in Brevard County is zoned either AU, Agricultural Use, or GU, General Use. To the South of Subject Property 1, land at the northwest corner of I-95 and CR 512 is vacant and is zoned CG, General Commercial District. Recently annexed into the City of Fellsmere, land on the south side of CR 512, west of I-95 is also vacant. Prior to the annexation, that land was in the unincorporated county and was zoned A-1. Further west along the north side of CR 512 is the I, Industrial, zoned MESA Park entertainment complex, also in the City of Fellsmere. West of Subject Property 1 land is zoned either A-1 or A-2, and uses include citrus groves, vacant land and residences on large lots. NOVEMBER 14, 2000 -37- BK 116 PG 049 • Subject Property 2 Subject Property 2 consists of two parts --the western portion between 130`h Avenue and 122"° Avenue, and the eastern portion between 122nd Avenue and I-95. The western portion consists of inactive citrus groves which the St. Johns River Water Management District plans to restore to a natural use. Abutting those inactive groves on the south are wetlands associated with the St. Johns Marsh Those wetlands are zoned Con -1. More citrus groves, apparently also inactive, abut Subject Property 2 on the west Those groves are zoned A-2. West of 122" Avenue, land north of Subject Property 2 is zoned A-1 and contains single-family residences on large lots. East of 122"d Avenue, land is undeveloped and consists of wetlands and heavily wooded uplands. The property bordering the northern boundary of the eastern part of Subject Property 2 was recently annexed into the City of Fellsmere. Prior to the annexation, that land was zoned A-2. The property bordering the southern boundary of the eastern part of Subject Property 2 is also zoned A-2. Land east of Subject Property 2, across I-95, is zoned A-1. Subject Property 3 Bordered by the Con -1 zoned estuarine wetlands of the Pelican Island National Wildlife Refuge on the west Subject Property 3 is zoned A-1 and consists of inactive citrus groves and junsdictional wetlands. The United States Fish and Wildlife Service intends to use Subject Property 3 for wetland restoration or to buffer existing wetlands. The lands to the east of the site consist of citrus groves and are zoned A-1. Subject Property 4 Subject Property 4 contains heavily wooded uplands. To the south of Subject Property 4, land is zoned RS -3 and contains citrus groves or single-family residences on large lots. Abutting Subject Property 4 on the west is the RS -3 zoned Lindsey Pines Subdivision of single-family residences. Abutting Subject Property 4 on the north is an 120 acre tract that is zoned A-1 and contains one single-family residence. To the east of Subject Property 4, across 5e Avenue, land is zoned RS -6, Single -Family Residential District (up to 6 units/acre), and contains single-family residences. Future Land Use Pattern Subject Property 1 Subject Property 1 and lands to the west are designated either AG -1, Agricultural -1, or AG -2, Agncultural-2, on the county s future land use map. The AG -1 designation permits agricultural uses and residential uses with densities up to 1 unit/5 acres The AG -2 designation permits agricultural uses and residential uses with densities up to 1 unitil0 acres. The southwest portion of Subject Property 1 abuts the MESA Park entertainment complex in the City of Fellsmere. The MESA Park property is currently designated I, Industrial, on the City of Fellsmere's future land use map. South of Subject Property 1, across CR 512, is the land that was recently annexed into the City of Fellsmere. Prior to the annexation, the county's land use designation for most of that land was AG - 1. The exception is at the southwest comer I-95 and CR 512. Prior to the annexation, the county's land use designation for land at the southwest corner I-95 and CR 512 was C/I, Commercial/Industrial. The C/I designation permits various commercial and industrial zoning districts. Land at the northwest corner of I-95 and CR 512 is designated C/I, Commercial/Industrial, on the county s future land use map. Most lands abutting Subject Property 1 on the east are designated C-1, Publicly Owned or Controlled Conservation -1 (zero density). The C-1 designation permits conservation and passive recreational uses. NOVEMBER 14, 2000 -38- BK 116 P6 050 Land to the north of Subject Property 1, in Brevard County, is designated AG, Agricultural, on Brevard County's future land use map. The AG designation permits agricultural uses and residential uses with densities up to 1 unit/acre - Subject Property 2 Subject Property 2 and adjacent properties to the east and west are designated AG -2 on the county's future land use map. The exception is land east of I-95 which is designated AG -1. Lands north of the western portion of Subject Property 2 are also designated AG -1. Lands north of the eastern portion of Subject Property 2 were recently annexed into the City of Fellsmere. Prior to the annexation, the county's land use designation for that land was AG -2. Lands south of the western portion of Subject Property 2 are designated C-1. Lands south of the eastern portion of Subject Property Y2 are designated AG -2. Subject Property 3 Subject Property 3 and lands to the east, across Jungle Trail, are designated L-1, Low -Density Residential -1, on the county's future land use map. The L-1 designation permits residential uses with densities up to 3 units/acre. Other lands surrounding Subject Property 3 are designated C-1. Subject Property 4 Subject Property 4 and lands to the north, south, and west, are designated L-2, Low -Density Residential -2, on the county s future land use map. The L-2 designation permits residential uses with densities up to 6 units/acre. To the east of Subject Property 4, across 58th Avenue, land is designated M-2 Medium -Density Residential -2 on the county's future land use map. The M-2 designation permits residential uses with densities up to 10 units/acre. Environment Subject Property 1 Subject Property 1 contains ±1,072 acres of freshwater wetlands and ±4,289 acres of native upland plant communities (pine flatwoods and scrub). The site contains habitat for several federally threatened and endangered species, including bald eagles, red -cockaded woodpeckers, Flonda scrub jays, and sand hill cranes. Much of Subject Property 1 is within an "A" 100 year floodplain, with an undetermined minimum base flood elevation requirement. Subject Property 2 Containing both freshwater wetlands and native upland plant communities, Subject Property 2 is managed by the St. Johns River Water Management District to reduce phosphorus loading into the Blue Cypress Water Management Area, and to protect and manage endangered species' habitat. Large portions of Subject Property 2 are within an "A" 100 year floodplain, with an undetermined minimum base flood elevation requirement. Subject Property 3 Located adjacent to the Indian River Lagoon and its estuarine wetlands, Subject Property 3 consists of inactive citrus groves and jurisdictional wetlands. The property is within an "AE" 100 year floodplain, with a minimum base flood elevation requirement of eight feet NGVD. Subject Property 4 Subject Property 4 consists of dense pine flatwoods, a native upland habitat. According to Flood Insurance Rating Maps, the site is located outside of a flood hazard area NOVEMBER 14, 2000 -39- BK 116PG051 Utilities and Senders Subject Property 1 Located outside of the county's urban service area, neither water nor wastewater lines extend to the site. Subject Property 2 Located outside of the county's urban service area, neither water nor wastewater lines extend to the site. Subject Property 3 Currently, neither water nor sewer lines extend to the site. County plans, however, call for both water and wastewater lines to extend along Jungle Trail to the site by May 2001. The water lines will connect to the North County Water Plant, while wastewater lines will connect to the North County Wastewater Treatment Plant. Subject Property 4 Water lines extend along 58th Avenue to Subject Property 4 from the North County Water Plant, while wastewater lines extend to the site from the Central County Wastewater Treatment Plant. Transportation System Subject Property 1 Subject Property 1 can be accessed from CR 512, a two-lane road with approximately 80 feet of public road right-of-way. The segment of CR 512 adjacent to Subject Property 1 is classified as a rural major collector road on the future roadway thoroughfare plan map. No improvements to this section of CR 512 are currently programmed. Subject Property 2 Subject Property 2 can be accessed from 130th Avenue which is a two-lane unpaved road with approximately 40 feet of public road right-of-way. Currently, there are no plans to expand this portion of 130th Avenue. Subject Property 3 Jungle Trail borders Subject Property 3 on the east and provides the only automobile access to the site. A two-lane unpaved local road, Jungle Trail has been designated by the county as an historic and scenic road with special building setbacks and vegetation protection areas along its entire length. The public road right-of-way for the segment of Jungle Trail abutting Subject Property 3 ranges from 15 feet to 20 feet. Subject Property 4 Subject Property 4 abuts 58'h Avenue a two-lane paved road with approximately 80 feet of public road right-of-way. This segment of 58th Avenue is classified as an urban principal arterial road on the future roadway thoroughfare plan map and is programmed to expand to 130 feet of public road right-of-way by 2020. NOVEMBER 14, 2000 -40- BK 116 PG 052 • ANALYSTS In this section, an analysis of the reasonableness of the application will be presented. This section will include the following: • an analysis of the proposed amendment's impact on public facilities; • an analysis of the proposed amendment's compatibility with surrounding areas; • an analysis of the proposed amendment's consistency with the comprehensive plan; • an analysis of the proposed amendment's potential impact on environmental quality; and • an analysis of the applicable rezoning requirements. Concurrency of Public Facilities Only Subject Properties 3 and 4 are located within the County Urban Service Area, an area deemed suited for urban scale development. The comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste Stormwater Management, and Recreation (Future Land Use Policy 3.1). The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for these services and facilities are maintained, the comprehensive plan requires that new development be reviewed. For land use designation amendment requests, this review is undertaken as part of the conditional concurrency determination application process. As per section 910.07(2) of the Concurrency Management Chapter of the County's Land Development Regulations, projects which do not increase land use density or intensity are exempt from concurrency requirements. For the subject request, ±1,740 acres of AG -1 designated land, ±6909 acres of AG -2 designated land, ±20 acres of L-2 designated land and ±59.4 acres of L-1 designated land with a total development potential of±1,335 units will be replaced with ±8,713.4 proposed acres of C-1 designated land. Since C-1 designated property has zero density, the p p amendment will result in a decrease of ±1,335 units in the overall development potential of the subject properties. Because of that overall decrease in land use intensity of ±1,335 units, this land use amendment request is exempt from concurrency review. It is important to note that adoption of the proposed land use amendment will not impact any public facilities or services. Compatibility with the Surrounding Area Under the requested C-1 land use designation, there will be no development on the subject properties except for minor facilities associated with passive recreation activities. For that reason, the subject request will enhance compatibility between the sites and surrounding land uses. In contrast to the ±1,335 units allowed under the existing land use designations, development under the requested land use designation will be limited to conservation uses and passive recreational uses. In terms of traffic noise, and aesthetics, the impacts associated with uses allowed under the proposed C-1 land use designation will be significantly less than those that would occur with development under the existing land use designations. In fact, the passive recreational uses,allowed under the requested zoning district will serve as an amenity for nearby residential uses. Additionally because Subject Properties 1, 2, and 3 are located adjacent to existing conservation areas, the request works to enhance the environmental quality of those areas. For these reasons, staff has determined that the requested land use amendment is compatible with the surrounding area. NOVEMBER 14, 2000 -41- BX 116PG053 I Consistency with Comprehensive Platt Land use amendment and rezoning requests are reviewed for consistency with all policies of the comprehensive plan. As per section 800.07(1) of the land development regulations, the "comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2), FS." Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential recreational, conservation, and commercial and industrial land uses and their densities. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify actions which the county will take in order to direct the community s development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions --including plan amendment and rezoning decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment and rezoning requests. Of particular applicability for this request are the following policies. Future Land Use Element Policy 14.3 In evaluating a land use amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a land use amendment request. These criteria are: • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances affecting the subject property; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. The proposed land use amendment meets the policy's second and third criteria. On February 13, 1990 when the comprehensive plan was adopted, Subject Properties 1, 2, and 3 were privately owned. At that time, those sites were correctly designated for agricultural or residential uses. Since then, those sites have been purchased for conservation purposes. The acquisition of Subject Properties 1, 2, and 3 by public agencies constitutes a substantial change in circumstances affecting the subject properties and meets the third criterion of Future Land Use Element Policy 14.3. In contrast to the other sites which were privately owned when the plan was adopted, Subject Property 4 has been owned by the county since 1939. Due to an oversight, however, Subject Property 4 was designated L-2 instead of C-1. By designating the site C-1, the proposed amendment corrects an oversight in the approved plan and meets Policy 14.3's second criterion. For those reasons, the proposed amendment is consistent with Future Land Use Element Policy 14.3. Future Land Use Element Policies 1.5 and 1.6 Future Land Use Element Policy 1.5 states that the conservation land use designations are applied to those areas which are vital or essential to the normal functions of ecosystems and have been identified in the Conservation Element as meriting preservation. Future Land Use Element Policy 1 6 limits the use of C-1 designated land to conservation and passive recreational uses. NOVEMBER 14, 2000 -42- BK 116 PG 054 • As publicly owned sites containing wetlands and native upland habitat, each of the subject properties meets those criteria. For those reasons, the request is consistent with Future Land Use Element Policies 1.5 and 1.6. As part of the staff analysis, all policies in the comprehensive plan were considered. Based upon that analysis, staffdetermined that the proposed land use designation amendment is consistent with the comprehensive plan. Potential Impact on Environmental Quality The sites' existing land use designations offer only limited environmental protections. Development of residentially zoned land would be required to preserve only 10 or 15 percent of the upland habitat of the sites Being exempt from the upland preservation requirement, agricultural development of agnculturally zoned land could result in the removal of all upland habitat on site. In contrast, under the proposed land use designation, the entire area of each Site will be preserved, and development will be limited to conservation and compatible passive recreational uses. Although the sites are publicly owned and could be developed as public parks under the existing land use designations, the proposed land use designation provides the sites with additional protection from development By prohibiting most types of development on the sites, the proposed request will ensure that the environmental quality of the sites will be preserved. For these reasons the proposed land use amendment is anticipated to positively impact the environmental quality of the subject properties. Rezoning Requirements As noted in the Description and Conditions section of this staff report, state law requires that the Board of County Commissioners hold two public hearings prior to approving county initiated rezonings of more than ten acres. Although normally applied to ensure public participation when the county initiates the rezoning of privately owned land, this requirement also applies to county initiated rezonings of publicly owned land. Because it meets the criteria set in state law, the portion of this request that would rezone the subject properties requires two public hearings. The November 14 2000 Board of County Commissioners meeting will meet state requirements for one of the public hearings The second public hearing then must be held at least 10 days after the first hearing. Additionally, state law requires that at least one of the public hearings be held after 5 00 p.m. on a weekday unless four commissioners vote to conduct that hearing at another time of day. In this case several factors indicate that holding the second rezoning public hearing at 9:00 a.m. at a regular Board of County Commissioners meeting would be sufficient to ensure public participation. Those factors include the following: • Although the state requirement for two public hearings is normally intended for rezonings of privately owned land, the subject properties in this case are publicly owned; and • The future use of these properties already have been discussed at numerous public hearings and public meetings, including Land Acquisition Advisory Committee meetings and other meetings regarding the subject land use amendment and rezoning requests. NOVEMBER 14, 2000 -43- BK 116PG055 1 For those reasons, staff feels that it would be appropriate to hold the second rezoning public hearing at 9:00 a.m. on December 5, 2000. That is the first Board of County Commissioners meeting that meets the state requirement of at least 10 days between the first and second hearings. _ CONCLUSION Based on the analysis, staff has determined that the proposed amendment is consistent with the comprehensive plan, compatible with all surrounding land uses and will cause no adverse impacts on the provision of public services. The proposed changes work to ensure the preservation of environmentally sensitive and important habitat. For these reasons, staff supports the request. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners take the follow actions: 1) Approve the request to redesignate the subject properties to C-1 by adopting the attached land use designation amendment ordinance and 2) Schedule the second rezoning public hearing for 9:00 a.m., at the regular commission meeting of December 5, 2000. NOVEMBER 14, 2000 -44- BK 116PG056 Figure 1: Location and Land Use Designation of Subject Property 1 ■ y; Figure 3: Location and Land Use Designation of Subject Property 2 Figure 4: Location and Zoning of Subject Property 2 Subject Property\ NOVEMBER 14, 2000 -46- BK 116 PG 058 ( MINI Figure 5: Location and Land Use Designation of Subject Property 3 NOVEMBER 14, 2000 Figure 6: Location and Zoning of Subject Property 3 -47- BK 116 PG 059 Figure 7: Location and Land Use Designation of Subject Property 4 L-1 49th Street C.C1CSj (C w. 1 1 00 L-2 ›s- EIME 1c -- 45th-Street-- Figure 8: Location and Zoning of Subject Property 4 NOVEMBER 14, 2000 -48- BK 116PG060 • SUMMARY PAGE - SUBJECT PROPERTY 1. GENERAL Applicant• Indian River County J,ncation• NW of the intersection of I-95 and CR 512 Acreag- • ±5,361 Existing I .and i Ise Designating• AG -1, Agricultural -1 (up to 1 unit/5 acres), and AG -2, Agricultural -2 (up to 1 unit/10 acres) Requested Land i Ise Designations C-1, Public Conservation -1 (zero density) Existing Toning* A-1, Agricultural Distract (up to 1 unit/5 acres), and A-2, Agricultural District (up to 1 unit/10 acres) Respiested .o ing• Con -1, Public Conservation District (zero density) Existing Land i Ise: undeveloped mix of uplands and wetlands ADJACENT LAND North: Brevard County, St. Sebastian Buffer Preserve South: Agriculture & single-family on large lots, zoned A-1 Fast St. Sebastian Buffer Preserve, zoned Con -1; CR 512/1-95 C/I node West* Agriculture & single-family on large lots, zoned A-1 & A-2 INFRASTRUCTURE Outside urban service area; no water or sewer available; access from CR 512 PUBLIC NOTIFICATION Staff Cowart John Wachtel Date Advertised* November 1, 2000 # of Surrounding Property Owners Notified 26 Date Notification Mailed October 26, 2000 Date Sign Pnstedt• October 27, 2000 STAFF RECOMMENDATION Staff supports the request PLANNING AND ZONING COMMISSION RECOMMENDATION Approval (6-0) NOVEMBER 14, 2000 -49- BK 116 PG 061 GENERAL Applicant• Indian River County J nation SE corner of 77t Street and 130th Avenue Acreage• ±3,288 Existing Land 1 Tse Designation: AG -2, Agricultural -2 (up to 1 unit/10 acres) Requested Land T Tse Designation• C-1, Public Conservation -1 (zero density) Existing Zoning: A-2, Agricultural District (up to 1 unit/10 acres) Requestrd Zoning: Con -1, Public Conservation District (zero density) Existi g T . nd Tse• undeveloped mix of uplands and wetlands ADJACENT LAND Holt A-1 zoned ranchettes west of 122nd Avenue; vacant to the east, Fellsmere South: C-1 zoned marsh west of 122"d Avenue; A-2 zoned vacant to the east East A-1 zoned vacant across I-95 West: A-2 zoned inactive groves INFRASTRUCTURE Outside urban service area; no water or sewer available; access from 130th Avenue PUBLIC NOTIFICATION Staff Contact• John Wachtel J)ate Advertised: November 1, 2000 ## of Surrounding Property Owners Notified: 17 Date Notification Mailgl• October 26, 2000 Date Sign Posted: October 27, 2000 STAFF RECOMMENDATION Staff supports the request PLANNING AND ZONING COMMISSION RECOMMENDATION Approval (6-0) NOVEMBER 14, 2000 -50- BK116PG062 STJMMARY PAGE - SUBJECT PROPERTY GENERAL Applicant: Indian River County Location West side of Jungle Trail, North of Windsor Acreage: ±59.4 FxistinQ Land T Tse Designation• L-1, Low -Density Residential -1 (up to 3 units/acre) Requested Land Use Designation• C-1, Public Conservation -1 (zero density) Existing Inning• A-1, Agricultural District (up to 1 unit/5 acres) Requested Zoning: Con -1, Public Conservation District (zero density) Existing Land Use• Inactive citrus groves and jurisdictional wetlands ADJACENT LAND North & West' Con -1 zoned estuarine wetlands of the Pelican Island NWR Smith: Indian River Lagoon East Jungle Trail and A-1 zoned citrus groves INFRASTRUCTURE Water and sewer will be available by May 2001; access from Jungle Trail PUBLIC NOTIFICATION Staff Contact• John Wachtel Date Advertise* November 1, 2000 # of Surrounding Property Owners Notified 5 Date Notification Mailed* October 26, 2000 Date S•gp Posted* October 27, 2000 STAFF RECOMMENDATION Staff supports the request PLANNING AND ZONING COMMISSION RECOMMENDATION Approval (6-0) NOVEMBER 14, 2000 -51- BK 116PG063 i GENERAL Applicant: J .ncation: Acreage: J=xicting I and lice Designations: L-2, Low-Densy Requested Land I Ice Designation C-1, Public Conservation -1 (zero density) ExistingZonings Requested Zoning:i Exsstine nd Ise• SIIMMARV PAGE - SUBJECT PROPERTY 4 Indian River County West side of 58`" Avenue, ±660 feet south of 49th Street ±20 it Residential -2 (up to 6 unitsiacre) in RS -3 Single -Family Residential District (up to 3 units acre) Con -1, Public Conservation District (zero density) undeveloped uplands ADJACENT LAND Nat: 1 residence on ±20 acres, zoned A-1 South: Citrus groves and single-family residences on large lots, zoned RS -3 East Single-family homes, zoned RS -6 West: Lindsey Pines single-family subdivision, zoned RS -3 INFRASTRUCTURE Water and sewer lines extend to the site; access is from 58th Avenue PUBLIC NOTIFICATION Staff Contact: John Wachtel Pate Advertised• November 1, 2000 # of Surrounding Property Owners Notified' 14 J)ate Notif cation Mailed: October 26, 2000 Pate Sipe Posted: October 27, 2000 STAFF RECOMMENDATION Staff supports the request PLANNING AND ZONING COMMISSION RECOMMENDATION Approval (6-0) NOVEMBER 14, 2000 -52- BK I I6 PG 064 Community Development Director Bob Keating noted that this Ordinance changes the land use designation only. The rezoning for these properties will be finalized December 5, 2000. Commissioner Stanbridge pointed out that a portion of the Berry Groves property will be used for Vero Lake Estates stormwater purposes. She is going to Tallahassee today regarding two $1,000,000 grants from the State so that we will not only be able to conserve the properties but to somewhat restore them. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Henry Rodriguez, 5900 65' Street, stated that he owns 10 acres in the middle of Property No. 1 and wanted to be certain that his right to build a home on that property will • not be affected. Director Keating assured Mr Rodriguez that his property will benefit by having conservation property surrounding him, while the change will not affect his property's zoning at all. - The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. NOVEMBER 14, 2000 -53- BK 116PG065 ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously scheduled the second rezoning public hearing for 9:00 a.m. at the regular commission,. meeting of December 5, 2000; and adopted Ordinance 2000-037 amending the Future Land Use Element of the Comprehensive Plan by changing the Land Use Designation for ±5,361 acres located northwest of the intersection of I-95 and CR -512 from AG -1 and AG -2 to C-1; by changing the Land Use Designation for ±3,288 acres located at the southeast corner of 77`h Street and 130`h Avenue from AG -2 to C-1; by changing the Land Use Designation for ±59.4 acres located on the west side of Jungle Trail, north of Windsor, from L-1 to C-1; and by changing the Land Use Designation for ±20 acres located on the west side of 58th Avenue, approximately 660 feet south of 49`h Street, from L-2 to C-1 (Carson Platt, Berry Grove, Pelican Island National Wildlife Refuge, and Women's Club Tract). NOVEMBER 14, 2000 -54- BK 116P6066 ORDINANCE NO. 2000-037 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN -BY CHANGING THE LAND USE DESIGNATION FOR ±5,361 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF I-95 AND CR 512, FROM AG -1 AND AG -2 TO C-1; BY CHANGING THE LAND USE DESIGNATION FOR ±3,288 ACRES LOCATED AT THE SOUTHEAST CORNER OF 77TH STREET AND 130TH AVENUE, FROM AG -2 TO C-1 BY CHANGING THE LAND USE DESIGNATION FOR ±59 4 ACRES LOCATED ON THE WEST SIDE OF JUNGLE TRAIL, NORTH OF WINDSOR, FROM L-1 TO C-1; AND BY CHANGING THE LAND USE DESIGNATION FOR ±20 ACRES LOCATED ON THE WEST SIDE OF 58TH AVENUE, APPROXIMATELY 660 FEET SOUTH OF 49TH STREET, FROM L-2 TO C-1; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its January 2000 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on May 11, 2000, after due public notice, and WHEREAS, the Local Planning Agency recommended approval of this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on July 11, 2000, after advertising pursuant to F.S. 163.3184(15)(b)1 and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs for their review and comment, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, and WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on July 24, 2000, for the State review pursuant to F S 163.3184(4), and WHEREAS, Indian River County received the Objections, Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs on October 2, 2000, and NOVEMBER 14, 2000 -55- BK 116PG067 ORDINANCE NO. 2000-037 WHEREAS, the ORC Report contained no objections or comments regarding this Comprehensive Plan Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on November 14, 2000, after advertising pursuant to Chapter 163.3184(15)(b)2 and (c), FS and Chapter 125.66(4), FS; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 The amendment to the Indian River County Comprehensive Plan identified m section 2 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2 The land use designation of the following described property situated in Indian River County, Florida to wit: SEE EXHIBIT "A" Is changed from AG -1, Agricultural -1 (up to 1 unit/5 acres), and AG -2, Agricultural -2 (up to 1 unit/10 acres) to C-1, Publicly Owned or Controlled Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly. AND The land use designation of the following described property situated in Indian River County, Florida to wit: SEE EXHIBIT "B" Is changed from AG -2, Agncultural-2 (up to 1 unit/10 acres), to C-1, Publicly Owned or Controlled Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly AND The land use designation of the following described property situated in Indian River County, Florida to wit: NOVEMBER 14, 2000 -56- 8K 116 PG 068 ORDINANCE NO. 2000-037 A PARCEL OF LAND LYING IN GOVERNMENT LOT 6 SECTION 4, TOWNSHIP 31 SOUTH, RANGE 39 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 6; THEN RUN ALONG THE EAST LINE A BEARING OF NORTH 0043 56" EAST A DISTANCE OF 777 13 FEET; THEN SOUTH 84°42 17WEST DISTANCE OF 357 76 FEET; THEN SOUTH 25°36 42" WEST A DISTANCE OF 816.26 FEET; THEN SOUTH 89020'49" EAST ALONG THE SOUTH LINE OF GOVERNMENT LOT 6, A DISTANCE OF 705.97 FEET TO THE POINT OF BEGINNING, LESS THAT PART OF GOVERNMENT LOT 6 LYING EASTERLY OF THE TRUST FOR PUBLIC LANDS PHASE II PARCEL AND BEING MORE PARTICULARLY DESCRIBED AS• BEGINNING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 6 THEN NORTH - 00°13'56" EAST A DISTANCE OF 660.02 FEET; THEN NORTH 89°2049" WEST A DISTANCE OF 393 94 FEET TO THE EASTERLY LINE OF SAID TRUST FOR PUBLIC LANDS PHASE II; THEN SOUTH 25°36'42' WEST A DISTANCE OF 653.11 FEET; THEN SOUTH 00013'56" WEST A DISTANCE OF 67.89 FEET; THEN SOUTH 89020'49" EAST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 6 A DISTANCE OF 673.88 FEET TO THE POINT OF BEGINNING TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND LYING IN GOVERNMENT LOT 1, SECTION 9, TOWNSHIP 31 SOUTH, RANGE 39 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THEN NORTH 89°20'49' WEST A DISTANCE OF 705.97 FEET TO THE EASTERLY LINE OF THE TRUST FOR PUBLIC LAND PHASE II; THEN SOUTH 25036 42" WEST A DISTANCE OF 10.88 FEET• THEN SOUTH 04045'16" WEST A DISTANCE OF 317.13 FEET THEN SOUTH 16038'39' WEST A DISTANCE OF 235 97 FEET THEN SOUTH 35018 07" WEST A DISTANCE OF 356.49 FEET THEN SOUTH 42°18 32' WEST A DISTANCE OF 646.85 FEET TO THE SOUTH LINE OF GOVERNMENT LOT 1; THEN SOUTH 89001'04" EAST ALONG THE SOUTH LINE A DISTANCE OF 1 467.18 FEET TO THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THEN NORTH 00054'04" WEST ALONG THE EAST LINE OF GOVERNMENT LOT 1 A DISTANCE OF 1,338 50 FEET TO THE POINT OF BEGINNING AND THAT PART OF THE SOUTH 660.00 FEET OF THE EAST 673 86 FEET OF GOVERNMENT LOT 6 LYING EAST OF THE TRUST FOR PUBLIC LANDS PHASE II AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGIN AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 6, THEN RUN NORTH 00013'56" EAST 660 02 FEET THEN RUN NORTH 89°20'49' WEST 393.94 FEET TO THE EASTERLY LINE OF THE SAID TRUST FOR PUBLIC LANDS PHASE II; THEN RUN SOUTH 25°36 42 WEST 653.11 FEET; THEN RUN SOUTH 00°1356' WEST 67.89 FEET; THEN RUN SOUTH 89020'49" EAST ALONG THE SOUTH LINE OF THE SAID GOVERNMENT LOT 6, A DISTANCE OF 673 88 FEET TO THE POINT OF BEGINNING. AND 15 ACRES IN THE SOUTHEAST CORNER OF GOVERNMENT LOT 2, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE POINT WHERE THE LINE BETWEEN SECTIONS 9 AND 10, INTERSECTS THE EAST BANK OF THE INDIAN RIVER LAGOON, RUN NORTH ON THE SECTION NOVEMBER 14, 2000 -57- BK 116PG069 ORDINANCE NO. 2000-037 LINE 660 FEET, THEN WESTERLY ON ANGLE LINE WITH THE SHORELINE OF THE INDIAN RIVER LAGOON 675 FEET, THEN SOUTH 660 FEET TO THE INDIAN RIVER LAGOON, THEN ALONG THE EAST SHORELINE OF THE INDIAN RIVER LAGOON TO THE POINT OF BEGINNING, AS DESCRIBED IN DEED BOOK 17 PAGE 459 AND ALSO INCLUDING THE FOLLOWING DESCRIBED PARCEL: BEGINNING 660 FEET NORTH OF THE POINT WHERE THE LINE BETWEEN SECTIONS 9 AND 10 INTERSECTS THE EAST BANK OF THE INDIAN RIVER LAGOON, RUN NORTHWESTERLY WITH THE NORTHERLY LINE OF LAND DESCRIBED 114 DEED BOOK 17 PAGE 459, 675 FEET, THEN NORTH 330 FEET THEN SOUTHEASTERLY 675 FEET TO A POINT ON THE SECTION LINE; THEN SOUTH 330 FEET TO POINT OF BEGINNING BEING A PART OF GOVERNMENT LOT 2, SECTION 9, TOWNSHIP 31 SOUTH, RANGE 39 EAST. Is changed from L-1, Low -Density Residential -1 (up to 3 units/acre), to C-1, Publicly Owned or Controlled Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly. AND The land use designation of the following described property situated in Indian River County, Florida to wit: THE SOUTH 20.22 ACRES OF TRACT 9, SECTION 20 TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO 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 LYING AND BEING IN INDIAN RIVER COUNTY FLORIDA. Is changed from L-2, Low -Density Residential -2 (up to 6 units/acre), to C-1, Publicly Owned or Controlled Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly. SECTION 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 hereby repealed to the extent of such conflict. SECTION 4 Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. NOVEMBER 14, 2000 -58- BK 116 PG 070 ORDINANCE NO. 2000-037 SECTION 5. Effective bate The effective date of this ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b) Florida Statutes whichever occurs earlier. No development orders, development permits or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 1" day of November, 2000, for a public hearing to be held on the 14`s day of' November 2000, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Ti ppi n and adopted by the following vote: Chairman Fran B. Adams Vice -Chairman Caroline D. Ginn Commissioner Kenneth R. Macht Commissioner Ruth M. Stanbridge Commissioner John W. Tippin BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: �jG(.A Cgrin^t4 Fran B. Adams, Chairman ATTEST Nflu ,l, Jeffrey K. Barton, le Aye Absent Aye Aye AYP ot Acknowledgment by the Department of State of the State of Florida this I day o ► , 2000. Acknowledgment from the Department of State received on this 14 -day o , 000, at alittP.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, Deputy County Attorney APPROVED AS TO PLANNING MATTERS 7.(Robert M. Keating, AICP// Community Development Director �/ NOVEMBER 14, 2000 -59- 1 -Inoim niye Ca App.ayes Da;e Admin. Legal 7 r�/iS/N,Budge( iiiiic i it iDept. °Risk F Mgr./ BK 116PG07I EXHIBIT A METES AND BOUNDS DESCRIPTION OF OVERALL PROPERTY; BEING ACQUIRED FROM THE CARSON PLATT ESTATE (INCLUDING RIGHTS-OF- WAY BEING ACQUIRED FROM THE FELLSMERE WATER CONTROL DISTRICT LYING WITHIN INDIAN RIVER COUNTY FLORIDA). COMMENCING AT A RAILROAD SPIKE ON THE CENTERLINE OF COUNTY ROAD 512 AND THE RANGE LINE BETWEEN RANGE 37 EAST AND RANGE 38 EAST, RUN THENCE NORTH 00°31 13" EAST, ALONG SAID RANGE LINE A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF COUNTY ROAD 512 AND THE POINT OF BEGINNING; FROM $AID POINT OF BEGINNING CONTINUE NORTH 00°31'13" EAST, ALONG SAID RANGE LINE, AND WEST LINE OF SECTION 19, TOWNSHIP 31 SOUTH, RANGE 38 EAST, A DISTANCE OF 2038.52 TO THE SOUTHEAST CORNER OF TRACT 1446 AS SHOWN ON THE PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF ALL UNSURVEYED PART OF TOWNSHIP 31 SOUTH OF RANGE 37 EAST IN ST. LUCIE COUNTY STATE OF FLORIDA" AS RECORDED 1N PLAT BOOK 2, PAGES 1 AND 2 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA (NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA); THENCE WITHIN SAID FELLSMERE FARMS COMPANY PLAT RUN THE FOLLOWING TWENTY- FIVE COURSES: 1. THENCE NORTH 89°26'40" WEST, ALONG THE SOUTH LINE OF TRACTS 1446, 1445 AND 1444, A DISTANCE OF 2055.47 FEET; 2. THENCE NORTH 00°30'48" EAST, ALONG THE WEST LINE OF TRACTS 1444, 1349 1344, 1249 AND 1244 TO THE SOUTHEAST CORNER OF TRACT 1150, A DISTANCE OF 3320.28 FEET; • 3. THENCE NORTH 89°26'51" WEST, ALONG THE SOUTH LINE OF TRACTS 1150 AND 1151, A DISTANCE OF 1360.89 FEET; 4. THENCE NORTH 00°30'13" EAST, ALONG THE WEST LINE OF TRACT 1151, A DISTANCE OF 639.93 FEET• 5. THENCE NORTH 89°25 42" WEST, ALONG THE SOUTH LENT OF TRACT 1141, A DISTANCE OF 680.47 FEET; 6. THENCE NORTH 00°30'11" EAST, ALONG THE WEST LINE OF TRACTS 1141 AND 1052, A DISTANCE OF 1320.06 FEET; 7. THENCE NORTH 89°26'58" WEST, ALONG THE SOUTH LINE OF TRACTS 1040 AND 1039, A DISTANCE OF 1331.22 FEET; 8. THENCE NORTH 00°30'16" EAST, ALONG THE WEST LINE OF TRACT 1039 TO THE SOUTHWEST CORNER OF TRACT 954, A DISTANCE OF 679 76 FEET; 9. THENCE NORTH 89'26'46" WEST, ALONG THE SOUTH LINE OF TRACT 955, A DISTANCE OF 710.61 FEET; 10. THENCE NORTH 00'30 19" EAST, ALONG THE WEST LINE OF TRACT 955, A DISTANCE OF 640 05 FEET; 11. THENCE NORTH 89°26'55" WEST, ALONG THE SOUTH LINE OF TRACT 937, A DISTANCE OF 680.61 FEET; 12. THENCE SOUTH 00°30 21" WEST, ALONG THE EAST LINE OF TRACT 957 AND ACROSS A 40 FOOT WIDE "DITCH AND ROAD" RIGHT-OF-WAY TO THE NORTHWEST CORNER OF TRACT 1037, A DISTANCE OF 680.02 FEET; 13. THENCE SOUTH 89°26'46" EAST, ALONG THE NORTH LINE OF TRACT 1037, A DISTANCE OF 680.61 FEET; :4. THENCE SOUTH 00°30'19" WEST, ALONG THE EAST LINE OF TRACT 1037, A DISTANCE OF 639.80 FEET; NOVEMBER 14, 2000 -60- 1 BK 116 PG 072 15. THENCE NORTH 89°26'58" WEST, ALONG THE SOUTH LINE OF TRACTS 1037 4ND 1036, A DISTANCE OF 1361.24 FEET; 16. THENCE NORTH 00°30'23" EAST, ALONG THE WEST LINE OF TRACTS 1036, 957 AND 936, A DISTANCE OF 2009.87 FEET; 17. THENCE NORTH 89°27'03" WEST, ALONG THE SOUTH LINE OF TRACT 858, A DISTANCE OF 680.72 FEET; 18. THENCE NORTH 00°30'28" EAST, ALONG THE WEST LINE OF TRACTS 858, 835, 758, 735, 658, 635, 558 AND 535 TO THE SOUTHWEST CORNER OF TRACT 458, A DISTANCE OF 5280.26 FEET; 19. THENCE NORTH 89°26'56" WEST, ALONG THE SOUTH LINE OF TRACTS 459 AND 460, A DISTANCE OF 1361.01 FEET; 20. THENCE NORTH 00°30'27" EAST, ALONG THE WEST LINE OF TRACTS 460 AND 433 TO THE SOUTHEAST CORNER OF TRACT 358, A DISTANCE OF 1309.87 FEET; 21. THENCE NORTH 89°26'59" WEST, ALONG THE SOUTH UNE OF TRACT 358, A DISTANCE OF 625.42 FEET TO THE EAST RIGHT-OF-WAY OF COUNTY r•-.) ROAD 507 (SAID RIGHT-OF-WAY BEING EIGHTY FEET IN WIDTH); -oo 22. THENCE NORTH 00°30'29" EAST, ALONG SAID EAST RIGHT-OF-WAY, A ro DISTANCE OF 100 FEET; CJ1 23. THENCE SOUTH 89°26'59" EAST, ALONG THE NORTH LINE OF THE SOUTH 100 FEET OF SAID TRACT 358, A DISTANCE OF 625.42 FEET; 24. THENCE NORTH 00°30'27" EAST, ALONG THE WEST LINE OF TRACTS 357, 333, 253 AND 233 TO A POINT ON THE SOUTH LINE OF THE NORTH 100 FEET OF SAID TRACT 233, A DISTANCE OF 2400.16 FEET; 25. THENCE SOUTH 89°26'54" EAST, ALONG THE SOUTH LINE OF THE NORTH 100 FEET OF TRACTS 233 THROUGH 242 INCLUSIVE, AND THE EASTWARD PROJECTION OF THIS LINE TO THE INTERSECTION WITH THE EAST LINE OF THE 170 FOOT WIDE FLORIDA POWER AND LIGHT TRANSMISSION LINE EASEMENT, A DISTANCE OF 6573.12 FEET; THENCE RUN NORTH 18°46'02" WEST, ALONG SAID EAST LINE OF FLORIDA POWER AND LIGHT TRANSMISSION LINE EASEMENT, A DISTANCE OF 1073.84 FEET TO ITS INTERSECTION WITH THE SOUTH LINE OF A 400 FOOT WIDE RIGHT-OF-WAY FOR THE FELLSMERE WATER CONTROL DISTRICT'S MAIN CANAL, THENCE ALONG THE SOUTH RIGHT-OF-WAY OF SAID FELLSMERE WATER CONTROL DISTRICT'S MAIN CANAL, RUN THE FOLLOWING TWO COURSES: 1. SOUTH 89°49'55" EAST A DISTANCE OF 2064.92 FEET; 2. NORTH 78°11'31" EAST, A DISTANCE OF 1919.88 FEET, TO A POINT OF INTERSECTION WITH THE NORTH BOUNDARY OF INDIAN RIVER COUt1TY ALONG THE TOWNSHIP LINE BETWEEN TOWNSHIP 30 SOUTH, AND TOWNSHIP 31 SOUTH; THENCE SOUTH 89°48'13" EAST ALONG THE NORTH BOUNDARY OF INDIAN RIVER COUNTY (AND ALONG THE TOWNSHIP LINE AS PROJECTED ACROSS THE FLEMING GRANT), A DISTANCE OF 4144.30 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE FLEMING GRANT SECTION 15; THENCE SOUTH 45°05'58" EAST, ALONG THE NORTHEASTERLY LINE OF SAID FLEMING GRANT SECTION 15, A DISTANCE OF 4040.63 FEET TO THE SOUTHEASTERLY CORNER OF SAID FLEMING GRANT SECTION 15; THENCE SOUTH 4597'07" WEST, ALONG THE SOUTHEASTERLY LINE OF SAID FLEMING GRANT SECTION 15 TO THE SOUTHWESTERLY CORNER THEREOF, A DISTANCE OF 6649.02 FEET; NOVEMBER 14, 2000 -61- BK 116PG073 f CAD fV W -v THENCE SOUTH 44°38'19" EAST, ALONG THE FLEMING GRANT LINE, A N DISTANCE OF 7491.94 FEET TO A POINT OF INTERSECTION WITH THE WEST CJ1 RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95; CT) THENCE SOUTH 02°44'16" WEST, ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 4871.93 FEET; THENCE LEAVING SAID RIGHT-OF-WAY RUN NORTH 89°34'39" WEST, A DISTANCE OF 2193.13 FEET; THENCE RUN SOUTH 02°44'09" WEST, A DISTANCE OF 2182.76 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF COUNTY ROAD 512; THENCE WESTERLY, ALONG THE NORTH RIGHT-OF-WAY QF STATE ROAD 512 (NOW COUNTY ROAD 512) AS SHOWN ON "STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION MAINTENANCE MAP OF STATE ROAD 512 INDIAN RIVER COUNTY, SECTION 88040-2512, DATED 9-19-78", THROUGH THE FOLLOWING COURSES: RUN NORTH 89°32'47" WEST, A DISTANCE OF 236.43 FEET; THENCE NORTH 89°49'58" WEST, A DISTANCE OF 400.01 FEET; THENCE NORTH 89°15'35" WEST, A DISTANCE OF 200.00 FEET; THENCE NORTH 89°32'47" WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89°21'19" WEST, A DISTANCE OF 300.00 FEET; THENCE NORTH 89°32'47" WEST, A DISTANCE OF 1900.00 FEET; THENCE NORTH 81°00'56" WEST, A DISTANCE OF 40.45 FEET, THENCE SOUTH 75°31'20" WEST, A DISTANCE OF 31.05 FEET; THENCE NORTH 89°02'53" WEST, A DISTANCE OF 230.01 FEET, THENCE NORTH 89°32'47" WEST, A DISTANCE OF 100.00 FEET, THENCE NORTH 89°32'55" WEST, A DISTANCE OF 400.02 FEET, THENCE NORTH 89°35'04" WEST, A DISTANCE OF 500.00 FEET, THENCE NORTH 88°26'19" WEST, A DISTANCE OF 100.02 FEET THENCE NORTH 89.35'04" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 83°14'39" WEST, A DISTANCE OF 90.55 FEET; THENCE NORTH 86°43' 18" WEST, A DISTANCE OF 100.12 FEET; THENCE NORTH 89°35'04" WEST, A DISTANCE OF 133.06 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 8175.75 FEET, DELTA ANGLE OF 01°18'32" A CHORD BEARING OF SOUTH 89°45'40" WEST AND A CHORD LENGTH OF 186.77 FEET, THENCE RUN NORTH 00°53'36" WEST A DISTANCE OF 10.00 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 8185.75 FEET, DELTA ANGLE OF 01°30 40" A CHORD BEARING OF SOUTH 88°21'04" WEST, AND A CHORD DISTANCE OF 215.88 FEET; THENCE RUN SOUTH 87°33'47" WEST, A DISTANCE OF 137.81 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING THEREFROM TRACT 949 OF SAID FELLSMERE FARMS COMPANY'S SUBDIVISION, SAID TRACT 949 BEING AN OUT -PARCEL WITHIN ABOVE DESCRIBED PARCEL; LESS AND EXCEPTING THEREFROM THAT CERTAIN PORTION OF A 40 FOOT WIDE RIGHT-OF-WAY (COMMONLY KNOWN AS "DITCH 9") AS SHOWN EN TON RACTS 957 AND 1 3FELLSMERE 6C CONTAINED WITHIN THEON ABOVE DESCRIBEDG PARCEL. NOVEMBER 14, 2000 -62- 8ZSZOJCZE 1110 BK 1 16 PG 0 7 4 1 EXHIBIT "13" • • • BEGINNING AT THE NORTHEAST CORNER OF TRACT 123 AS SHOWN ON "THE PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF UNSURVEYED TOWNSHIP 32 SOUTH, RANGE 37 EAST IN ST. LUCIE COUNTY, STATE OF FLORIDA", RECORDED IN PLAT BOOK 2, PAGE 3, PUBLIC RECORDS OF ST. WCIE COUNTY, FLORIDA, (NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA), SAID POINT OF BEGD4NING BEING ON THE COMMON RANGE LINE BETWEEN RANGES 37 AND 38 EAST THENCE RUN SOUTH 00'34'14" WEST ALONG SAID RANGE LINE, AND ALONG THE EAST BOUNDARY LINE OF AFOREMENTIONED PLAT, A DISTANCE OF 5,523.62 PEEP TO THE NORTHWEST CORNER. OF cRrnoN 7. TOWNSHIP 32 SOUTH, RANGE 38 EAST; THENCE RUN SOUTH 89'50'12" EAST ALONG THE NORTH LANE OF SAID SECTION 7 A DISTANCE OP 5197.80 FEET TO THE COKC (ON SECTION CORNER OF SECTIONS 5, 6, 7 AND 8, TOWNSHIP 32 SOUTH, RANGE 38 EAST, THENCE RUN SOUTH 89.5E53" EAST ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 4,33224 FEET TO A POINT WHICH LIES 759.91 FEET WEST OP THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 8 AND THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95 (STATE ROAD NO. 9, A 300 FOOT WIDE RIGHT-OF-WAY), SAID POINT BEING ON THE EAST RIGHT-OF-WAY OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY TRANSMISSION LANE RIGHT-OF-WAY EASEMENT; THENCE RUN SOUTH 1845'36" EAST ALONG THE EAST LINE OF SAID EASEMENT, A DISTANCE OF T63.61 a ; THEDNCE RLN SQUTH 89.59'29" EAST ON A LINE 100 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 746.06 FEET TO A POINT ON THE WEST RIGHT -OP -WAY OF SAID INTERSTATE HIGHWAY 95; THENCE RUN SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95 THROUGH THE FOLLOWINO THREE COURSES: SOUTH 11'23'37" EAST, A DISTANCE OF 4,58937 FEET} SOUTH 78.37'03" WEST, A DISTANCE OF 117.24 FEET, SOUTH 18.45'17" EA.ST, A DISTANCE OF 739.25 FEET TO A POINT ON THE SOUTH LINE OF SECTION 9. TOWNSHIP 32 SOUTH, RANGE 38 EAST; THENCE RUN NORTH 89'29'05" WEST ALONG THE SOUTH LINE OF SAID SECTION 9, A DISTANCE OF 'IF8.61 FEET TO THE COMMON SECTION CORNER OF SECTIONS 8, 9, 16 AND 17, TOWNSHIP 32 SOUTH, RANGE 38 EAST; THENCE RUN NORTH 89.47'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 8,'A DISTANCE OF 5362.84 FEET TO THE COMMON SECTION CORNER OF SECTIONS 7, 1, 17 AND I8, TOWNSHIP 32 SOUTH, RANGE 33 EAST; TH 4CE RUN NORTH 89.59.47" WEST ALONG TICE SOUTH LINE OF SAID SECTION 7. A DISTANCE OF 5,080.93 FEET TO A POINT ON A LINE 150 FEET EASTERLY OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 18; THENCE RUN SOUTH 00'34.14" WEST ON A LUNE LYING 150 VSEtVtx3ECILLTN %t€SCIL7fSRWf1-IQ t4fl NOVEMBER 14, 2000 -63- • • C BK 116PG075 EXHIBIT "B" Page 2 • FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 2,652.70 FEET TO THE SOUTH LINE OF THE NORTHWEST ONE- QUARTER OF SAID SECTION 11; THENCE RUN NORTH 19.37.33" WEST, A DISTANCE OF 150.01 FEET TO THE WEST UNE OF SMD SECTION I (AND THE COMMON RANOE LINE BETWEEN RANOES 37 AND 38 EAST) Th 4CE RUN SOUTH 00.34'14" WEST ALONG SAID RANGE LINE (AND WES LINE OF SAID SECTION 18), A DISTANCE OF 33.48 FEET; THENCE RUN NORTH 89.29'31" WEST ALONO A LINE 200 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF TRACT 1123 AS SHOWN ON AFORESAID PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF UNSURVEYED TOWNSHIP 32 SOUTH OF RANGE 37 EAST, A DISTANCE OF 1360.81 FEET TO A POINT ON THE CO$CVION LINE BETWEEN TRACTS 1122 AND 1123; THENCE RUN SOUTH 00.29646" WEST ALONG SAID LINE, A DISTANCE OF 1,079.80 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 1122; THENCE CONTINUE SOUTH 00.29'46" WEST, A DISTANCE OF 25 FEET TO THE CENTERLINE OF A 30 FOOT WIDE PLATTED RIGHT-OF-WAY LYING SOUTHERLY OF AND ADJACENT TO THE SOUTH LINE OF TRACTS 1115 THROUGH 1122 OF SAID FELLSMERE FARMS COMPANY'S PLAT; THENCE ALONG THE CENTERLINE OF SAID 50 FOOT WIDE PLATTED RIGHT-OF-WAY RLN NORTH 89.29641" WEST, A DLSTANCE OF 4,098.95 FEET; THENCE CONTINUING ALONG SAID CENTERLINE RUN NORTH 892917" WEST, A DISTA.NCE OF 6,01.56 FEET TO A POINT WHICH LIES SOUTH 00.29.23" WEST. A DISTANCE OF 25 FEET FROM THE SOUTHWEST CORNER OF TRACT 11154 THENCE RLN NORTH 00'29'23' AND ALONG THE WEST LINE OF SAID TRACT 1115. A DLSTANCE OF F! FEET TO A POINT OF INTERSECTION OF A LINE WHICH LIES 80 F OUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT 1115; THENCE RUN SOUTH 19'29'19" EAST. ALONG A LINE LYING 80 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF TRACTS 1115, 1116, 1117. 1118, AND 1119, A DISTANCE OF 6,941.56 FEET TO A POINT IN TRACT 1120 WHICH IS 80 FEET SOUTH AND 45 FEET EAST OF THE NORTHWEST CORNER OF SAID TRACT 1 L20; THENCE RUN NORTH 00'29624" EAST ALONO A LINE LYNG 45 FEET EAST OF AND PARALLEL TO THE WEST LINE OF TRACTS 1020, 920, 120, 720, 620, 520, 4& 320, AND 220, A DISTANCE OF 13,031.31 FEET TO A POLDT WHICH LIES -431 FEET EAST AND 370 FEET SOUTH OF THE NORTHWEST CORNER OF TRACT 120 OF SAID FELLSMERE FARMS COMPANY'S PLAT; THENCE RUN SOUTH 89'29'03" EAST ALONG A LINE 370 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID TRACT 120, A DISTANCE OF 260 FEET' THENCE RUN NORTH 00.29'24" EAST PARALLEL TO THE WEST LINE OF SAID TRACT 120, A DISTANCE OF 180 FEET; THENCE RUN SOUTH 89029'03" EAST ALONG A LINE LYING 190 FEET SOUTH OP AND PARALLEL TO THE NORTH LINE OF TRACTS 120, 121 AND 122. A DISTANCE OF 4,413.98 FEET TO A POINT WHICH LIES 190 FEET SOUTH AND 635 FEET EAST OF THE NORTHWEST CORNER OF TRACT ' 123; THENCE RUN NORTH 00.29'24" FAST, A DISTANCE OF 190 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 123; THENCE RUN SOUTH 89429'03" EAST. A DISTANCE OF 744.90 FEET TO THE NORTHEAST CORNER OF SAID TRACT 123 AND POINT OF BEGINNING. NOVEMBER 14, 2000 • -64- • BK 116 PG 076 9.A.2. PUBLIC HEARING - MINOR J.PLATT, JR. - REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR AN OUTDOOR GUN RANGE ON A 25 -ACRE PARCEL - WINDSOR GUN CLUB - 13350 122ND STREET (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 November 7, 2000: TO: James E. Chandler County Administrator N HEAD CONCURRENCE: jl rot 77 M. Keating, AICP Community Development Director THROUGH: Stan Boling 'A1P Planning Director FROM: John W. McCoy, AICP �W 4'' �R \ Senior Planner, Current Development DATE: November 7, 2000 SUBJECT: Minor J. Platt Jr.'s Request for Special Exception Use Approval for an Outdoor Gun Range on a 25 Acre Parcel It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 14. 2000. BACKGROUND: Mosby and Associates, Inc. has submitted an application for minor site plan and special exception use approval for a membership outdoor gun range. The subject site is located just south of the Brevard county line. approximately 2.040' east of CR 507 (Babcock), and zoned A-2 (Agriculture) This application is the result of a code enforcement complaint which arose from activity which has been occurring on the site. In this case, the majority NOVEMBER 14, 2000 -65- BKI16PG077 of the improvements are already on the site. and the applicant is seeking to legalize the use of those improvements. Within the county's zoning code "gun range" is not a listed use In cases where a proposed use is unlisted the code provides criteria for categonzing the unlisted use. Using those criteria. the planning director has determined that organized and arranged gun club activities constitute a "country club" or membership shooting club type use which requires special exception approval in the A-2 zoning district. Please see attachment #4, which is a letter from the planning director explaining the determination and providing general criteria for evaluating proposals for such a use. Based upon staff's determination that an outdoor gun range requires special exception use approval. the applicant submitted this application. • Planning and Zoning Commission Action This item was originally scheduled for consideration at the September 28, 2000 Planning and Zoning Commission meeting with a staff recommendation to deny the application. At that meeting, the item was tabled to the October 12, 2000 meeting. During that interim period, the applicant met with staff. proposed changes to the plan, and provided additional information which addressed staffs concerns. At the October 12, 2000 meeting, the Planning and Zoning Commission heard the item and voted unanimously (5-0) to adopt staffs recommendation for approval with the conditions as outlined in staff's report (see attachment #9). Staff has already approved the minor site plan associated with the special exception use application, contingent upon the Board s approval of the special exception use request. Therefore, site plan approval will become effective upon Board approval of the special exception use. The Board is now to approve, approve with conditions, or deny the special exception use request. Pursuant to Section 971.05 of the LDRs the Board is to consider the appropriateness of the requested use for the subject site and surrounding area. The Board may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area ANALYSIS: 1. Size of Development: 24.87 acres (±800' north/south x 1,360' east/west) 2. Zoning Classification: A-2, Agricultural 2 (up to 1 unit/10 acres) 3. Land Use Designation: AG -2, Agricultural 2 (up to 1 unit/10 acres) 4. Use of the Site: The applicant proposes to limit use of the site to a sporting clay range open to members only In addition. the applicant proposes to hold up to 18 special events (competitions/fund-raisers) per year. Hours of operation would be limited to 9:00 am to 5:00 pm. The majority of the use would be during the weekends, although limited use is proposed for members on weekdays. Special events would be held pnmarily on weekends. Please see attachment #5, for details regarding the applicant's proposal. 5. Proposed Building Area: 488 sq. ft. Note: The building will provide a meeting room and restroom. 6. Impervious Area: 488 sq. ft. (building area) Semi Impervious Area: 34,948 sq. ft. (on-site driveway and parking area) NOVEMBER 14, 2000 -66- BK 116 PG 078 Note: The stabilized parking area is existing. The existing trailer on site will need to be replaced by a structure (e.g. modular building) which meets the building code. 7. Open Space: Required: 80% Provided: 97.3% Note: Open space consists of all areas outside of building, parking, and driveway areas. 8. Traffic Circulation: The site is accessed from CR 507 (Babcock) by 122nd Street. which is _ an existing east -west unpaved road also known as Ditch #1. The site is located _ approximately 2,040' east of CR 507 and north of 122nd Street. There is an existing stabilized dnveway connection to 122nd Street That driveway provides access to the proposed on-site parking area. The county Traffic Engineering Division has approved the access and the internal circulation plan. 9. Off -Street Parking: Required: 6 spaces (unpaved) Provided: 25 spaces (unpaved) Note: The LDRs allow low traffic generating uses located outside the Urban Service Area to have unpaved driveways and parking spaces. Based upon the project s rural location and anticipated low trip generation stabilized (rather than paved) driveways and parking spaces are allowed as proposed. Staff has no objection to the proposed unpaved parking. 10. Stormwater Management: The proposed stormwater management plan has been approved by the Public Works Department, and consists of a shallow swale adjacent to the parking area. The applicant will need to obtain a Type "B" permit prior to site plan release. 11. Landscape Plan: The landscape plan, which proposes extensive preservation of native vegetation, meets the criteria of Chapter 926. The applicant is proposing to preserve existing vegetation to buffer all proposed parking. building, and shooting areas, and to meet the county's landscape ordinance criteria No irrigation is required or proposed. 12. Utilities: The site will be served by an on-site well and septic tank. These facilities are necessary to serve the building. The utility provisions have been approved by the Environmental Health Department and the Department of Utility Services. 13. Dedication and Improvements: There is a Murphy Act easement which extends 100' into the site and encompasses some existing and proposed improvements. Since some of the improvements are encompassed by the Murphy Act easement. the applicant will, prior to site plan release, need to have the portion of the easement affecting the site released. _ 14. Concurrency: The applicant has signed a concurrency acknowledgment form which is sufficient for site plan approval. NOVEMBER 14, 2000 -67- BK 1 16 PG 079 15. Environmental Issues: Uplands: Since the site is over 5 acres. the native upland setaside criteria of LDR section 929.05 apply. There are approximately 15 acres of uplands on the site and the applicant will place a conservation easement over 1.5 acres located in the northeast corner of the site to satisfy the preservation requirement. Prior to site plan release, the applicant will need to grant the easement to the county. Wetlands: Environmental planning staff has venfied that there are no jurisdictional wetlands on the subject site Therefore, no wetlands regulations apply. 16. Specific Land Use Criteria: Note: Staff has applied the criteria for "country club" uses, where applicable. a. Such facilities may include restaurants with alcoholic beverage licenses provided that no such establishment is located within one thousand (1,000) feet of the front door of any church and all property lines of any school. In addition such establishments shall not be open to the general public; Note: The applicant is proposing to prohibit alcohol use on the site, and such a condition can be attached to any special exception use approval that may be granted. The proposed use is membership only, but will be open to members of the "public" for special events and fund-raisers. b. No principal or accessory building shall be located closer than forty-five (45) feet to any street line or closer than one hundred (100) feet to any lot line which abuts a single-family zoning district. However buildings associated with specific uses, such as golf courses and tennis facilities may be located as allowed by other specific land use criteria that are applicable to that use; Note: There is no adjacent single-family zoning so the special setbacks do not apply. The proposal. however. does satisfy the separation distances referenced above. The existing building is 145' to the closest property line, and the property is approximately 1,850' from the nearest residence. c. No off-street parking or loading area shall be located closer than twenty-five (25) feet to any residentially designated property' Note: There are no residentially designated properties adjacent to the site. Even though the 25 foot residential setback does not apply. the proposed parking area is set back 26.7' from the nearest site perimeter. d. Where such uses involve golf courses, tennis courts. marinas or any other recreational uses for which standards are set forth in section 971.40. the proposed use shall also be subject to such standards and procedures. unless a waiver is granted by the NOVEMBER 14, 2000 -68- BK 116PG080 decision making body because the standards are not applicable to the type or intensity of use proposed. Note: Not applicable: no other specific land use standards apply to membership outdoor gun ranges. e. All multipurpose recreational clubs authorized herein shall be located either adjacent to a major thoroughfare or located within a project which is adjacent to a major thoroughfare; Note: Not applicable: the club is not a multipurpose recreational club. f. All outdoor lighting shall be adequately shielded in order to prevent reflection onto adjacent properties; Note: No outdoor lighting is proposed. g. A landscaped bufferyard with Type "C" screening, shall be required adjacent to all residentially designated land. Note: There is no residentially designated property adjacent to the subject site. However, the proposed preservation areas are roughly equivalent to a Type "D" buffer along the south and west site perimeters and a Type `A" or "B" buffer along the north and east perimeters. 17. General Compatibility Issues: In addition to the applicable specific land use criteria, there are general criteria for special exception uses that must be satisfied These criteria are stated in LDR section 971 05 as follows: ` Special exception uses, generally. Special exception uses are those types of uses that would not generally be appropnate throughout a particular zoning district. However when special exception uses are carefully controlled as to number areas, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order. appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district." In particular, staff focused on safety, environmental health, and compatibility. These issue are addressed below. Safety Staff's main concern is safety based. While staff has no expertise in gun range design. staff researched the issue. Based on guidelines promulgated by the National Rifle Association NOVEMBER 14, 2000 -69- BK 116 PG 081 t (NRA), a 900' (300 yard) radius shotfall zone is recommended. The applicant has revised his original design to provide a 900' shotfall zone, and has indicated that the proposed sporting clay use will be managed from the one platform area depicted on the revised plan. In addition. the applicant has provided more detailed information on the type of shot and amount of powder used for the proposed sporting clay use. The information provided indicates that a #71/2 shotgun pellet will travel a maximum of 627' in a neutral wind environment. The 900' radius recommended by the NRA allows for wind and provides a 273"'safety zone". Based on this information, staff's concerns regarding shotfall safety use have been reasonably addressed, provided that site use is restricted to sporting clay use and limited to #71/2 shot or smaller. In addition to the shotfall zone safety design, the applicant will be implementing other safety measures. These measures include posting of the safety rules having a safety officer on the range during all activity, limiting the use of the range to members and special events (not public at large), and prohibiting alcohol. Environmental Health As was the case with the permitting of the county's outdoor gun range, environmental impacts of lead ammunition must be addressed. This is an issue that would typically be addressed by the Department of Environmental Protection or the St. John's River Water Management District. Since there are no jurisdictional wetlands on the site, lead impacts on a wetland environment are not a concern in this case. Furthermore, the applicant's consulting engineer has indicated that the project will be exempt from St. John s River Water Management District permit criteria. While the applicant will not be subject to the same regulatory permitting as the county gun range, the applicant has agreed to meet lead management criteria similar to what the county has been required to meet. The applicant's proposed lead management program includes the following: a. Construction of a diversion swale along the project site's south property line to collect site sheet -flow runoff so that it does not leave the project site and enter an existing ditch located south of the site. That ditch is located along the northern perimeter of the Buffer Preserve (see attached drawings). Construction of this swale is intended to address one of several concerns expressed by the Buffer Preserve manager (see attachment #6). b. Monitoring of the soil's pH within the shotfall zone on a monthly basis. Neutralization of the soils as required. c. Installation of two shallow monitoring wells and the testing of lead on a quarterly basis d. Performing lead reclamation, as required. NOVEMBER 14, 2000 -70- BK 116PG082 To address environmental concerns about lead management, the proposed program should be made a condition of approval. Absent the direct involvement of other jurisdictional agencies, planning staff will review the proposed program with help from the agencies. Compatibility The proposed use generates potential nuisances related to use of guns on site. As indicated in the planning director's letter (attachment #4), the site has been used as a gun range, and such use of the site came to code enforcement staff s attention because of complaints from people in the area when the use of guns on site apparently increased. It appears that the use started as periodic target practice by the owner and friends, but several months ago apparently escalated to the point where the use constituted a gun range. Staff' has received two written complaints from property owners in the area These written complaints are included as attachment #6. Both letters reference noise issues, while the buffer preserve manager's letter includes concerns about the possibility of stray gun shots and pollution issues. Noise from the range was one reason for the initial code enforcement investigation. During project review, staff forwarded copies of the complaint letters to the applicant and asked him to address those concerns in writing. The applicant's updated response includes results of a noise study conducted by a consultant hired by the applicant. The noise study indicates that range activities will meet decibel level requirements for conservation areas as outlined in Chapter 974 for the time of day the range was in use (see attachment #8). While staff continues to have concerns about noise, the level of noise appears to meet the LDR requirements. The frequency of the noise will be controlled by the hours of operation. 18. Surrounding Land Use and Zoning: North: C-54 Canal, Vacant/Brevard County Jurisdiction South: Buffer Preserve/A-2 East: Vacant/A-2 West: Vacant/A-2 RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners approve the special exception use request with the following conditions• 1. Gun range use shall be limited to shotgun use only with no shot larger than 7' , and 2. Hours of operation (discharging of firearms) are restricted to 9:00 am to 5:00 pm, and 3. Consumption of alcohol is prohibited on site. and NOVEMBER 14, 2000 -71- BK 1 16 PG 0 8 3 4. No more than 18 competitions/fund-raisers per year are allowed on site:. and each event shall be specifically covered under a temporary use permit obtained by the applicant (one TUP may cover a year's schedule), and 5. A trained safety office shall be on duty at all times when firearms are being discharged, and 6. The applicant shall adopt the lead management program as outlined in this report and shall provide staff with an annual report regarding the lead management program The report shall be due on January 1 of each year and shall be available to other interested agencies. 7. Prior to site plan release the applicant shall: a. Grant an upland conservation easement that satisfies the Chapter 929.05 setaside requirement, and b. The applicant shall have the Murphy Act easement on the site released. ATTACHMENTS: 1. Application 2. Location Map 3. Site Plan 4. Use Determination Letter - 5. Applicant Response Letter (updated version) 6. Adjacent Property Owners Letters (includes update from Buffer Preserve) 7 National Rifle Association Guidelines 8. Noise Study and Chapter 974 Noise Standards 9. Planning and Zoning Commission Minutes loom Rove Ca AOcrQved 1 Date Admin. 1 \ �d� < Legal'r' I t -, 0, Buaget 1ithi.k2 Dept n i1 i(ICJc'•- A1Slot Mgr. NOVEMBER 14, 2000 -72- BK 116 PG 084 IND J 1 Ji 1• ea og 640 N 01 W N 01 N 0' 0 C.Rr507 cz N II gN- f/ L. 1 17 I 1 2 I b . I 1 W W N AP- W 0 1 N N p. ratm rP 716.1 w fin F+ "0 c o 0 • C 11): :4mM*, • c., t .c_4?‘s :::±7 • :7:17 7: 7. x ...:1;1111 ...Fri: :LI 47:1: 11, s - q I • ha 7 ~A -;:r P+ eue3 bS-D 0 Zo 0 0 a, 0. 0. 03 A 0 AINnO3 abdn3218 1673 a Go (11 0cM xn NOVEMBER 14, 2000 -73- BK 116 PG 085 Planning Director Stan Boling reviewed the Memorandum and answered questions from the Board regarding berms and the discussion of possible use of non -lead shot. Chairman Adams felt that the requirement should be liability insurance rather than the other conditions. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Bruce Barkett, Attorney for applicant, 756 Beachland Boulevard, gave a brief presentation and noted that 75 shot can travel only 209 feet. The gun range measures 627 yards to the 1st arc, while the remainder is the safety zone recommended by the National Rifle Association. Babcock Street is 2,000 feet away and the bordering property has been owned for over 60 years by the same people. The State bought part of the property as a buffer preserve but it is still a working ranch. All the neighbors have spoken in favor of the project. There will be a safety officer present at all times the range is open. The staff frames the angle of each shot, no alcohol is allowed and the site is not open to the public. Mr Barkett then spoke about the protocol to manage lead and noted that lead does not leach into the soil. The soil will be tested periodically and lime is used to keep the soil from becoming acidic. The lead is mined periodically and will not pose a health hazard. He then introduced Dr Valerie Gantz a large animal vet who took several horses out to the property to test the conditions, and Bill Wall, the safety officer for the gun range. Commissioner Macht again questioned the possible contamination of surface water by lead shot and expressed concern that birds would pick it up out of the soil. NOVEMBER 14, 2000 alp -74- BK 116PG086 Chairman Adams stated that those concerns had been addressed during planning for the County's gun range. Bill Wall, 520 Birch Street, West Melbourne, FL 33904, stated he has been shooting targets for 20 years and setting targets for a number of years. The size of the shot is being limited to control the distance traveled. The safety officer will be on site and will not only observe but control the targets. All guns are required to be open and empty until it is the shooters turn to shoot. All shooters must wear eye and ear protection at all times Gun movement is restricted through the use of a cage and the gun is only loaded after it is put into the cage. They have had many requests for benefit shoots from Ducks Unlimited, Palm Beach Masonic Temple, Indian River County Firefighters, Sebastian Boy Scouts ofAmerica, and Indian River Steer Club, to name a few. Ray Luke, 10455 107th Street, stated that his son lives closest to the gun range and they are supporting it. The Old Fellsmere Canal forms a natural berm and horseback riding is allowed only on trails. He recommended approval of the project. Dr Valerie Gantz veterinarian, 8205 90th Avenue, stated that she had gone out on the property with her own horse who is kind of psycho and very excitable. She also brought 2 other horses and -her 2 children, who are 2 and 4. The children and the horses were not spooked by the gun fire and she felt that no other horses would be started by the noise. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. NOVEMBER 14, 2000 BK 1 1 6 PB, 087 -75- • Chairman Adams introduced Bill Kerr, Chairman of the Board of St. Johns Water Management District, and thanked him for being present to speak in favor of the project. ON MOTION by Commissioner Macht, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously approved the special exception use request with the following conditions: (1) gun range use shall be limited to shotgun use only with no shot larger than 7 1/2, and (2) hours of operation (discharging of firearms) are restricted to 9:00 am to 5:00 pm, and (3) consumption of alcohol is prohibited on site, and (5) a trained safety officer shall be on duty at all times when firearms are being discharged, and (6) the applicant shall adopt the lead management program as outlined in this report and shall provide staff with an annual report regarding the lead management program. The report shall be due on January 1 of each year and shall be available to other interested agencies, and (7) prior to site plan release the applicant shall (a) grant an upland conservation easement that satisfies the Chapter 929.05 set-aside requirement, and (b) the applicant shall have the Murphy Act easement on the site released; all as recommended by staff NOVEMBER 14, 2000 -76- BK 116PG088 9.A.3. PUBLIC HEARING - LAKE GRACE LLC - REQUEST FOR CONCEPTUAL AND PRELIMINARY PLANNED DEVELOPMENT APPROVAL FOR A 66 64 -LOT PLANNED DEVELOPMENT (Legislative) 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 November 7, 2000: TO: James E. Chandler County Administrator DISIpN HEAD CONCURRENCE: obert M. eating, AICP Community Development Director THROUGH: Stan Boling A? CP Planning Director FROM: John W. McCoy, AICP/�U Senior Planner, Current Development DATE: November 7, 2000 SUBJECT: Lake Grace LLC Request for Conceptual Planned Development Approval for a 64 Lot Planned Development It is requested thatlhe data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 14, 2000. DESCRIPTION AND CONDITIONS: Mosby & Associates. Inc. has submitted an application for conceptual PD plan special exception use approval on behalf of Lake Grace LLC to construct a single phase, 64 lot single-family PD to be known as Lake Grace. Located at the southwest corner of 8th Street and 58th Avenue, the subject property has 1.267 of frontage on 58th Avenue, 750' of frontage on 8th Street. and 931' of frontage on 60'' Avenue. The property is zoned RS -6 and is the adjacent to Pine Tree Park subdivision on the west side. NOVEMBER 14, 2000 -77- BK I 16 PG 089 The property is located in a flood plain and has a high water table. To meet the cut and fill balance requirements of the county's stormwater management regulations, a significant portion of the site (40%) is designed as lake area. The applicant is seeking PD approval to reduce lot sizes. widths. and setbacks on the 60% of the site that is "buildable". The public benefit of the project is providing a more flexible and diverse housing type with some increased common open space, while meeting the county's flood plain preservation criteria. • 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 or Waiver Staff 4. Final PD Plat BCC The applicant is now requesting concurrent approval of steps 1 and 2. If the project is approved by the Board of County Commissioners, the applicant will need to obtain a land development permit for the required PD infrastructure improvements. • Board of County Commissioners Consideration Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested conceptual PD plan based on the submitted PD plan and suitability of the site for that use. The Board may approve, approve with conditions, or deny the special exception use. The County may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. • Planning and Zoning Commission Action At its regular meeting of September 14. 2000, the Commission reviewed the original proposed and voted 6-1 to have the proposed PD plan redesigned to have all perimeter lots sized to be a minimum of 70 wide and 7.000 sq. ft, and all interior lots sized to be a minimum of 60 wide and 6.000 sq. ft. Also at its September 14h meeting the Commission required that the revised design come back for its consideration prior to the proposal proceeding to the Board of County Commissioners In response, the applicant re -designed the PD plan and presented it to the Commission At its October 12, 2000 meeting, the Commission approved the revised PD plan which reduced the number of proposed lots from 76 to 64. That revised plan is the plan now under consideration. ANALYSIS: 1. Size of Development: 30.8 acres 2. Zoning: RS -6: Residential Single -Family (up to 6 units/acre) NOVEMBER 14, 2000 -78- BK 116 PG 0 9 0 MMEM 3. Land Use Designation: L-2. Low Density 2 (up to 6—Units/acre) 4. Density: 64 units on 30.8 acres = 2.08 units/acre 5. Lot Size: Proposed: 6,000 sq. ft. to 16,308 sq. ft. 6. Open Space: Required: 40% Provided: 52% Note: The provided figure does take credit for 3.69 acres of lake area, as allowed by the LDRs. Total lake area is 12 3 acres. 7. Recreation Area: Required: 0.77 acres (based on 64 Lots) Provided: 3.2 acres Note: The proposed recreation area includes two small passive park areas and a 15' wide accessway around the lake for walking, running, and fishing. 8. Phasing: The applicant is proposing to construct the project in one phase. 9. Environmental Issues: Uplands: Since the project site is over 5 acres, the native upland setaside requirement of section 929.05 would apply to any native upland areas on the site. However. the site consisted of grove trees until it was recently cleared. Therefore, no native uplands existed or exist on site, and no upland setaside requirements apply. Wetlands: Environmental planning staff has verified that there are no jurisdictional wetlands on the site. Therefore, no wetlands regulations apply. Excavation: The applicant is proposing a 12.3 acre lake on the site in order to meet the cut and fill balance requirement of the county's stormwater ordinance. The stormwater ordinance requires that development within flood plains balance the amount of fill put on the site by an equal or greater amount of cut (above the water table) to be removed from the site. This is done so as to not decrease the stormwater holding capacity of the flood plain. As part of the proposed lake excavation. the applicant will need to remove more than 5,000 cubic yards of fill from the site, which is allowed by the LDRs with strict conditions as excavation incidental to a development. These standards are contained in section 934.04(7)(b) [attachment #3]. These limitations require the excavation and hauling to be completed within a 2 month timeframe. NOVEMBER 14, 2000 -79- BK 116 PG 091 limit the hauling to Monday through Friday 7:00 am - 5 00 pm. and require the posting of a compliance and site restoration bond. Prior to the issuance of a land development permit, a compliance bond in the amount of $30,800 and a restoration bond in the amount of $12.300 will be required to be paid. 10. 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 process. 11. Utilities: County potable water and wastewater services are available to the site, and connection is mandatory. The project will connect to county water and wastewater services County utilities has approved the connection to water and wastewater services. 12. Thoroughfare Plan: 8'h Street• No additional right-of-way is necessary for 8'h Street since the project is separated from 8th Street by a lateral canal and canal right-of-way. 58'h Avenue: Presently, no road right-of-way exists for 58th Avenue across this site's frontage (the existing road is entirely within canal right-of-way). The county is seeking to acquire 76' of right-of-way for the upcoming 58th Avenue expansion. That acquisition is being negotiated through a developer's agreement with the County Capital Projects Division, and is accommodated by the proposed PD plan. 13. Dedications and Improvements: An 8' wide pedestrian path is required along the project's 58'h Avenue frontage. Presently, the county has committed in the developer's agreement negotiations to construct the pedestrian path with the 58'h Avenue improvements. The developer's agreement has not yet been approved. Prior to issuance of a certificate of completion, the pedestrian path will need to constructed or otherwise guaranteed by county commitment or bonding by the applicant. 14. Pedestrian Circulation: The developer is proposing an internal sidewalk system on both sides of the proposed internal roadways. This provision satisfies PD pedestrian requirements. 15. Traffic Circulation: The project will be accessed from 8'h Street by an internal subdivision road that will provide access to all of the proposed lots. An interior road system will form a series of segments and cul-de-sacs. The Traffic Engineering Division has approved the internal traffic circulation plan. A project traffic impact statement has been reviewed and approved by the county s Traffic Engineering Division. That approved impact statement indicates that a westbound left -tum lane needs to be constructed at the project's 8'h Street entrance The design for the left -turn lane needs to be approved prior to the issuance of a land development permit. and the left - turn lane must be constructed prior to the issuance of a certificate of completion. NOVEMBER 14, 2000 -80- BK 116PG092 • An emergency access point is proposed on 58th Avenue at the southeast corner of the project. The plan provides for an emergency access easement across lots 31 and 32 and then out to 58`h Avenue. This is acceptable to Public Works and Emergency Services. The final layout and design of the emergency access roadway will need to be approved by the Department of Emergency Management prior to the issuance of a land development permit 16. Waivers: The following is a comparison of the waivers requested through the planned development process: WAIVERS REQUESTED Description RS -6 Standards Lots (38 - 57) Interior Lots Lots (1 - 37 and 58-64) Perimeter Lots Lot Width 70 ft. 60 ft. 70 ft. Lot Size 7,000 sq. ft. 6,000 sq. ft. 7,000 sq. ft. Front 20 ft. 20 ft. 20 ft. Rear 20 ft. 15 ft. 25 ft.*/15 ft.** Side 10 ft. 5 ft. 10 ft. Revised (current) Notes ** Pool, decks and screen enclosures area allowed to encroach into the 25 foot PD perimeter setback based on LDR section 911.15(2) where no agricultural buffer exist. This occurs adjacent to 60' Avenue. The 15' rearyard setback applies to lots (32-37) and (58-64) where the rearyard is not adjacent to the project perimeter. 17. Road Right -of -Way: The applicant is proposing curb and gutter construction within a 40' wide right-of-way with a parallel 5' utility easement running along both sides of the right-of- way. The standard right-of-way width for curb and gutter construction is 50'. The 40' width plus the 5' utility easement on each side makes an effective right-of-way/easement corridor width of 50', which is acceptable to staff. 18. Compatibility With Adjacent Areas: All project perimeters are to be buffered, as detailed in the buffer item below. Based on the design changes made by the Planning and Zoning Commission and the proposed buffers, the project will exceed the compatibility standards in section 915.16. 19. Buffers: The applicant is proposing either a 4' high landscaped berm or a 6' wall around the entire project penmeter where the existing ditches make the berm impractical East: The applicant will be planting a Type 'D" buffer along the project's 58th Avenue frontage in addition to the 4' high berm. NOVEMBER 14, 2000 -81- BK 116PG093 West: The applicant is proposing a Type "B" buffer with a 4' tall berm adjacent to 60ih Avenue. This is acceptable to staff. provided that the lots along this perimeter are expanded to 70' in width in addition to the proposed buffenng. Northwest Corner: Adjacent to the not -included parcel in the northwest corner of the site, a 25' Type ' B" buffer with a 6' opaque feature is required, since the adjacent _ property is an active agricultural use. The applicant is proposing a 4' high berm with a 25' wide Type 'B" buffer. The landscape material in conjunction with the berm will need to be planted so as to complete the 6' opaque feature. South: Adjacent to the south property line, a Type "B" buffer with a 6' opaque feature is required, since the project is adjacent to an active agricultural use The applicant is proposing a 25' wide Type "B" buffer with a 4' high berm.. The landscape material in conjunction with the berm will need to be planted so as to complete the 6' opaque feature. For all of the landscape buffers, staff will need to review and approve detailed landscape plans prior to issuance of a land development permit. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant special PD exception approval with the following conditions: 1. That prior to the issuance of an LDP, the applicant shall: a. Provide a detailed final landscape plan to be reviewed and approved by planning staff for all of the proposed buffers, and b. Provide a final design for the emergency access point that is acceptable to Public Works and the Department of Emergency Services, and c. Obtain Traffic Engineering approval of a final design for a westbound left - turn lane at the project' s 8'h Street entrance, and d. Provide compliance and restoration bonds for incidental mining in the amount of $30 800 and $12.300. 2. .That prior to issuance of a certificate of completion. the applicant shall: a. Construct or otherwise guarantee construction of the required 8 foot wide pedestrian path along 58'h Avenue. and b. Construct the required westbound left -turn lane at the project's 8'h Street entrance. NOVEMBER 14, 2000 -82- BK 116 PG 094 e„ ^ .°.137713 19" NOVEMBER 14, 2000 -83- BK 116PG095 ato 3__ Erin II Elts NOVEMBER 14, 2000 -83- BK 116PG095 EHERIMElial EtWiling NOVEMBER 14, 2000 -83- BK 116PG095 Planning Director Stan Boling reviewed the Memorandum for the Board The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Randy Mosby, Mosby & Associates, gave a brief history of the project and noted that the client has come to an agreement with the Engineering Department to give some of the large lake to the County for stormwater improvements. 45% of the land is a stormwater lake and the developer is losing a good part of the land in this manner. The client is not a land miner but they are looking for some direction on what to do with the excess dirt. The rule says the dirt must be mined and moved in 2 months and they are asking for an extension on the time to move all of the dirt. The lake is being dug to a maximum depth to keep the water healthy and they need some relief other than building the land up 15 feet. Chairman Adams noted that one reason there is such a large lake is because of the cut and fill waiver. Director Boling stated that the regulation allows excavation on the whole project but there is a time line of 2 months to get the excess dirt offsite. General discussion ensued regarding the type and amount of soil to be removed from the property and the impact of new developments in the floodplain. Commissioner Stanbridge felt this problem must be addressed. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. NOVEMBER 14, 2000 BK 116 P6 096 -84- Deputy County Attorney Will Collins stated that this issue had come up in the last couple of days and the Board cannot waive the mining regulations and all LDRs must comply with Chapter 901, F.S. If the Board feels relief should be granted, the change would apply countywide and must go through the public hearing process. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Macht, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously granted special PD exception approval with the following conditions:_ (1) that prior to the issuance of an LDP, the applicant shall (a) provide a detailed final landscape plan to be reviewed and approved by planning staff for all of the proposed buffers, and (b) provide a final design for the emergency access point that is acceptable to Public Works and the Department of Emergency Services, and (c) obtain Traffic Engineering approval of a final design for a westbound left -turn lane at the project's 8th Street entrance, and (d) provide compliance and restoration bonds for incidental mining in the amount of $30,800 and $12,300, and (2) prior to issuance of a certificate of completion, the applicant shall (a) construct or otherwise guarantee construction of the required 8 -foot wide pedestrian path along 58th Avenue, and (b) construct the required westbound left -turn lane at the project's 8th Street entrance; all as recommended by staff. NOVEMBER 14, 2000 -85- BK II6PG097 1 14. 9.A.4. MARSH ISLAND DEVELOPMENT COMPANY LLC - REQUEST FOR PLANNED DEVELOPMENT SPECIAL EXCEPTION USE AND PRELIMINARY PLANNED DEVELOPMENT PLAN/PLAT APPROVAL FOR A 33 - UNIT DEVELOPMENT KNOWN AS MARSH ISLAND (Legislative) The Board reviewed a Memorandum of November 8, 2000: TO: James E. Chandler County Administrator DIVO11 HEAD CONCURRENCE: • Robert M. Keating, AICP Community Development Direc or THROUGH: Stan Boling,41P Planning Director FROM: John W. McCoy, AICF6r)M Senior Planner, Current Development DATE: November 8, 2000 SUBJECT: Marsh Island Development Company LLC's Request for Planned Development Special Exception Use Approval for a 33 Unit Development Known as Marsh Island It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 14, 2000. DESCRIPTION AND CONDITIONS: Kimley-Horn and Associates, Inc. has submitted an application for PD (planned development) special exception use and preliminary PD plan/plat approval on behalf of Marsh Island Development Company to construct a 33 unit project to be known as Marsh Island. The 33 units will consist of a variety of single-family lot types, from larger lot conventional homes to smaller lot zero lot line homes. The various home types will be contained within three different development parcels (parcels A B, and C) which cover three separate areas of the project. Proposed project amenities NOVEMBER 14, 2000 -86- BK 116PG098 • • include a marina. a clubhouse. and a pool. Certain waivers from conventional single-family lot size and setback requirements are being requested through the PD process. The subject site is located on the north side of the CR 510 Causeway just west of the existing fixed span bndge that crosses the intracoastal waterway. The upland portion of the property is zoned RM - 4 which allows for single and multi -family development at up to 4 units/acre. Wetland portions of the project site are zoned CON -2 and have estuarine wetland density restrictions (1 unit/40 acres or 1 unit/acre transferred density). The Marsh Island site has been the subject of previous development approvals and limited construction. In 1982, the original Marsh Island development plan was approved; it was then amended in 1985. Both plans provided for 109 multi -family units. Some residential structures, infrastructure and a 32 slip marina facility were constructed years ago under the 1982 plans. Due to lack of construction, the 1985 amended plan that superceded the 1982 plan expired and is no longer valid. Therefore, no further development of the site can occur without approval of a new development plan. The proposed PD plan reflects the use of some of the existing infrastructure and the existing marina, but reflects removal of the previously constructed residential structures. The residential structures have already been demolished, as allowed and permitted under county regulations. • 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 or Waiver Staff 4. Final PD Plat BCC The applicant is now requesting concurrent approval of steps 1 and 2. If the project is approved by the Board of County Commissioners. the applicant will need to obtain a land development permit for the required PD infrastructure improvements. NOVEMBER 14, 2000 -87- BK 116 PG 099 • Board of County Commissioners Consideration Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested conceptual PD plan based on the submitted PD plan and suitability of the site for that use. The Board may approve, approve with conditions or deny the special exception use. The County may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area • Planning and Zoning Commission Action At its regular meeting of July 13, 2000, the Planning and Zoning Commission voted unanimously (7-0) to approve the project with the addition of several conditions. These conditions include; provision of a right -turn lane on CR 510 at the project's entrance, elimination of the zero sideyard setback for driveways on the larger lots (lots #1-20), retention of stumps within the wetland areas to lirrut the disturbance to the soil, and the removal of exotics to be done in phases. Staff has incorporated all but the right -turn lane condition into its recommendation. The basis for the recommendedconditions are contained in the analysis portion of this report. The substantial time difference between the date that this project was considered by the Planning and Zoning Commission and the scheduled November 14 2000 Board of County Commissioners public heanng on this project is due to the applicant reconsidenng the design of the project. After the July 13`" Planning and Zoning Commission meeting, the applicant delayed forwarding the project to the Board of County Commissioners to allow time for some minor design modifications Consequently, the applicant made some design modifications to the proposed preliminary PD plan. Because the design modifications did not increase the number of lots proposed and did not reduce buffers or open space, the revised plan does not require reconsideration by the Planning and Zoning Commission and may now be considered by the Board. As proposed, the design changes do impact slightly more wetlands (.02 additional acres) by shifting the entry road closer to the marina and moving two lots to the west side of the entry road. Other changes include the shape of the stormwater tract and the shape of lots adjacent to the stormwater tract along with revised setbacks for various lot types. It should be noted that all lot sizes either increased or stayed the same. while some of the proposed setbacks decreased and some others increased. ANALYSIS: 1. Size of Development: Uplands: 17.02 acres Wetlands: 10.18 acres Total: 27.20 acres 2. Zoning Classifications: RM -4 Residential Multi -Family (up to 4 units/acre): 17.02 acres CON -2 Estuarine Wetlands Conservation (up to 1 unit/40 acres or 1 unit/acre transferred density): 10.18 acres NOVEMBER 14, 2000 alb -88- BK 116PG100 3. Land Use Designations: L-2. Low Density 2 (up to 6 units/acre) C-2. Conservation 2 (up to 1 unit/40 acres or 1 unit per acre transferred density) 4. Density: Maximum number of units allowed: (A) 17.02 acres of RM -4 = 68 units (B) 10.18 acres of C-2 = 10 units potential for transfer Maximum Density Allowed(including transfer from wetlands): 78 units on 27.20 acres = 2.86 units/acre Proposed: 33 units on 27.20 acres = 1.21 units/acre Note: The proposed upland density is 1.93 units/acre on the RM -4 zoned land. 5. Open Space: Required: 54 92% Provided: 80.0% Note: The required open space is a weighted average between the RM -4 district at 40% and the CON -2 district at 80%. 6. Phasing: All of the roadway, drainage, and utility infrastructure for the development will be constructed in phase one. A second phase is proposed for marina expansion. 7. Environmental Issues: • Uplands* Since the project area is over 5 acres, the native upland set- aside requirement of section 929.05 applies to any native uplands on- site However, the project site's upland area consists mostly of previously developed area and nuisance exotics, which have been deemed not to be native uplands. Therefore. no native upland set- aside requirement applies. • Wetlands: There are 10.18 acres of estuarine wetlands within the project area. The applicant is proposing to impact 1.20 acres of wetlands and create 1 46 acres of wetland buffer and .40 acres of wetlands. In addition, the applicant will grant a conservation easement over all post -project wetland areas. Existing mangroves will be subject to selective trimming by the developer. The applicant must obtain mitigation plan approval from the St John's River Water Management Distnct and the county through the wetland resource permit process. Environmental planning staff has no objection to PD plan approval and will perform a detailed review of the proposed mitigation with the county wetland resource review. Prior to issuance NOVEMBER 14, 2000 -89- BK 116PG101 • of a land development permit, the applicant must obtain a county wetlands resource permit. A wetland conservation easement will be required through the mitigation process. The conservation easement will need to be established prior to or via the final plat. Exotics Removal: Based on the LDRs, all nuisance exotic vegetation is required to be removed which the applicant is prepared to do. The Planning and Zoning Commission recommended that the removal be phased and that the stumps/roots of any nuisance exotics in the wetlands be left in place to limit soil disturbance within the wetlands. These conditions have been incorporated into the recommendation at the end of this report. 8. Marina: The applicant is proposing to expand the physical size of the existing 32 slip marina, but will keep the total number of slips at 32. The increase in physical size will facilitate use by larger boats. The marina is proposed to be expanded to the south and west, and this will result in some of the wetland impacts that were previously referenced. No individual docks, piers or observation platforms are proposed. As a condition of PD approval, staff is recommending that docks, piers and observation platforms be prohibited on the single-family lots. The applicant is not proposing to deepen the marina, and will pursue the marina expansion as phase II construction because of the anticipated length of time to permit the expansion. Prior to any marina expansion work, the applicant will need to obtain jurisdictional permits from the St. John's River Water Management District and the Army Corp. of Engineers and obtain a land development permit from the county. 9. Stormwater Management: As with standard single-family subdivisions, the proposed stormwater management plan has been given conceptual approval by the Public Works Department The proposed system will convey run-off to a centralized stormwater lake which will discharge into the wetlands near the marina. Final review and approval of the stormwater management plan will be accomplished through the land development permit process. - 10. Thoroughfare Plan: County Road 510 is classified as a major collector roadway requiring 160' of right-of-way width. Presently more than 160' of right-of-way exists at this location; therefore, no additional CR 510 right-of-way is required. 11. Traffic Circulation: The project will utilize the existing Marsh Island entrance which will be -slightly redesigned The existing entrance is located on the north side of CR 510 at the west base of the fixed span bridge. A local road will be looped around the island and "stubbed -out" to provide access to the lots proposed along the marina. This local road system will provide access to all proposed lots. The internal circulation plan has been approved by Traffic Engineering. - There are two not -included parcels (parcels not owned by the developer) which flank the entry road at the entry road s intersection with CR 510. These two parcels were originally NOVEMBER 14, 2000 mEIMM -90- BK 116PG102 part of the Marsh Island development, serving as water and sewer package plant sites. Use of the plants was discontinued when county utility service was provided to the site. Thus. these parcels no longer have a designated project function and may have some development potential. As a condition of special exception use approval, the applicant needs to provide for continued access to these parcels to ensure that the project does not "land lock" these out parcels. The proposed design accommodates access to these parcels, and the final plat will need to provide rights for legal access to these two out -parcels. Right Tun? Lane: The Planning and Zoning Commission recommended that the Board of County Commissioners require the applicant to construct a westbound right - turn lane on CR 510 at the project's entrance However, the project s approved traffic impact statement indicates that the development will generate 4 peak hour right -turn movements into the project, while the county's LDRs have a threshold of 75 peak hour right -turns before a right -turn lane is required Consequently, Traffic Engineering has not recommended that a tum -lane improvement be required. In addition the applicant has indicated there are some existing utility structure conflicts and slope issues which may combine to make the right -turn lane technically infeasible to construct. Therefore, staff has not incorporated the Planning and Zoning Commission's recommended condition to require that the applicant construct a right - turn lane. 12. Utilities: County water and wastewater are available to the site, and connection is required. The applicant is proposing to connect to both county water and wastewater services These plans have been approved by the Department of Utility Services and Environmental Health Department. 13. Dedications & Improvements: None are required. and none are proposed. 14. Proposed PD Waivers Through the PD process, the applicant has requested the following waivers from the standard RM -4 criteria for single-family lots. In the table below the waivers proposed for each of the three development parcels are compared to the RM -4 single-family standards or normal LDR criteria. Parcel A: Parcel B: Parcel C: Covers the Indian River Lagoon shoreline lots (#1-20). Covers the marina -front lots (#21-26). Covers the interior lots (#27-33) NOVEMBER 14, 2000 -91- BK 116 PG 103 Changes to the RM -4 zoning district criteria are ** *** shaded Using the 25 setback from the wetland will provide a greater than 50' setback from the MHWL for the majonty of the lots. Therefore. the environmental planning staff is recommending that the waiver be approved. The three lots that need the waiver are lots 9 10, and 11. The 8' frontyard setback applies only to side and rear loaded garages. Front loaded garages and principal residences will be set back 25'. The 5' sideyard setback applies only on the front 50 of the lot and applies only to garages and guest houses. Any principal residence located on the front 50' will need to meet a 12' sideyard setback. All structures set back 50', will require the 12' sideyard setback. **** Decks and other accessory structures can go within 5' of the upland buffer line. NOVEMBER 14, 2000 -92- BKL16PG!04 Description RM -4 Criteria Lots 1 - 20 Parcel A (Lagoon shoreline) Lots 21 - 27 Parcel B (Marina -front) Lots 28 - 33 Parcel C (Interior) Lot Size 10,000 sq. ft. 10.000 sq. ft. 10.000 sq. ft. 7,700 sq. It Lot Width 80' 80' 80' 70' Frontward Setback 25' 8/25'*' 8' Rearyard Setback 10' 25' 10' from u land I (1' buffer***' Sideyard Setback ► '' 10' 571'2'4-4' 3' Minimum Right -of -Way Width 50' MI ED ED Indian River' Lagoon Setback 50' from MHWL 50' from MHWL 25'* from 50' from MHWL wetland houndary Side Lot Driveway Setback 2' 2' 2' 0 Driving Aisle N/A 22' N/A 18 Changes to the RM -4 zoning district criteria are ** *** shaded Using the 25 setback from the wetland will provide a greater than 50' setback from the MHWL for the majonty of the lots. Therefore. the environmental planning staff is recommending that the waiver be approved. The three lots that need the waiver are lots 9 10, and 11. The 8' frontyard setback applies only to side and rear loaded garages. Front loaded garages and principal residences will be set back 25'. The 5' sideyard setback applies only on the front 50 of the lot and applies only to garages and guest houses. Any principal residence located on the front 50' will need to meet a 12' sideyard setback. All structures set back 50', will require the 12' sideyard setback. **** Decks and other accessory structures can go within 5' of the upland buffer line. NOVEMBER 14, 2000 -92- BKL16PG!04 15. Landscaping and Buffering: Because the project abuts like zoning and/or the Indian River Lagoon. no buffering or landscaping for the residential portion of the project is required by the LDRs. Although not required, the applicant is proposing some landscaping in the CR 510 right-of-way. This landscaping will be consistent with the Wabasso Corridor Plan formal plan and live oak theme for the subject segment of C.R. 510. RECOMMENDATION: Based upon the analysis performed. staff recommends that the Board of County Commissioners approve the special exception use and conceptual plan, with the following conditions: 1. Prior to the issuance of a land development: a. The applicant shall obtain any required county and/or jurisdictional wetland resource permits. 2. The applicant shall coordinate with the county environmental planner to phase the removal of the nuisance exotics and ensure that the stumps/roots of any nuisance exotics within the wetlands remain in place. 3. Prior to or via the final plat approval: a. The applicant shall establish access rights for the two not included parcels, and b. The applicant shall establish a conservation easement on the wetlands, and c. The applicant shall prohibit docks, piers or similar structures outside of the marina area. ATTACHMENTS: 1. Application 2. Location Map 3. Conceptual Plan 4. Preliminary PD Plan 5. Lot Setbacks 6. Planning and Zoning Commission Minutes NOVEMBER 14, 2000 -93- Innen RI.. Ca Aooroved Date AamlrtCa i Legal ; ';_ 8Uage1 ( it II(k e':I Dec1. 4)n/�i //,i2 /.,,._ ais' Mgr i BK 116 PG 105 TOWN OF ORCHID ,:Y. . !.. •I ." ."L4, • • ;,, .!T; n N. J, • Indian River Lagoon c RS -1 ENVIRONMENTAL LEARNING CENTER NOVEMBER 14, 2000 -94- BK 116PG106 ( Planning Director Stan Boling reviewed the Memorandum. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Keith Pelan, Vice President of Kimley-Horn, stated that they agree with the recommendations and noted that the outparcels are under contract to be incorporated into the project. Lynn Keiffer, biologist, explained the marina expansion, primarily to the west with a boardwalk to the south. She stated that there would be no excavation to the west and that there will be some mitigation on-site, as well as offsite mitigation. Commissioner Stanbridge questioned whether they are deepening the channel, and Ms. Keiffer responded that they are not. Larry Hollings, 1646 Highlands Avenue, the owner of one of the outparcels, stated that he has entered into a contract to sell his parcel to Marsh Island on December 1s`. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. NOVEMBER 14, 2000 -95- BK 116 PG 107 ON MOTION by Commissioner Macht, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously approved the special exception use and conceptual plan, with the following conditions: (1) prior to the issuance of a land development the applicant shall obtain any required county and/or jurisdictional wetland resource permits; (2) the applicant shall coordinate with the County Environmental Planner to phase the removal of the nuisance exotics and ensure that the stumps/roots of any nuisance exotics within the wetlands remain in place; and (3) prior to or via the final plat approval (a) the applicant shall establish access rights for the 2 not -included parcels, and (b) the applicant shall establish a conservation easement on the wetlands, and (c) the applicant shall prohibit docks, piers or similar structures outside of the marina area; all as recommended by staff. 9.B.1. PUBLIC DISCUSSION ITEM - ROGER J. SHERMAN REQUEST TO SPEAK REGARDING "LACK OF WARNING BUOYS ON P.E.P. ARTIFICIAL REEF" The Board reviewed a letter of November 1, 2000: NOVEMBER 14, 2000 -96- BK 116PG108 Roger J. Sherman 2476 Granada Avenue Vero Beach, FL 32960 Nov 1, 2000 Board of County Commnsion Indian Riva County , FL Citizen Input for Nov a 2000 Please honor my request to speak to the Indan River County Coniston regarding the following matter. Lack of Wareing Berrys on P.LPI Artificial Rae/ Sincerely, Mager J. Stumm Roger Sherman, 2476 Granada Avenue, expressed his concerns regarding missing buoys on the PEP reef. He believed that the County's policy was to mark the reef with these buoys and felt there could be some serius injury if the buoys are missing. He felt the County was not abiding by its own policy in this matter. He stated that we hear about children drowning and people falling down wells that are left uncovered and these incidents affect all of us. If there were an accident and it was established that replacing the buoys had been neglected, the injured party would be entitled to large damages. He noted that once before he had failed to call attention to a dangerous matter and the outcome was a child's death. This is a dangerous object which is submerged and hidden from view and the public has a right to be protected from injuries and resultant lawsuits. He asked for better compliance and leadership on thissmportant matter. He stated that he had been to the City of Vero Beach, the State and the Governor and all advised him that this is Indian River County's responsibility. Chairman Adams asked Mr. Sherman to give some suggestions for compliance, and Mr. Sherman said that he did not have those facts at hand but suggested installing the buoys at staggered intervals or changing the shape to a more streamlined shape. NOVEMBER 14, 2000 -97- BK 116 PG 109 County Coastal Engineer Jeff Tabar reviewed his Memorandum ofNovember 7, 2000: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P. -E., Public Works Director FROM: SUBJECT: DATE: Jeffrey R. Tabar, P.E.` Coastal Engineer -) Maintenance of Buoys on PEP Reef November 7, 2000 DESCRIPTION AND CONDITIONS On November 1, 2000, a letter was received by County staff regarding concerns about the buoy markers on the PEP reef (letter attached). Since the installation of the PEP Reef in 1996, several protective measures have been initiated to ensure public awareness. 1. Warning signs have been installed at all beach access locations. 2. Staff has contacted all resort managers and homeowners in the project area. 3 Staff has contacted the City of Vero Beach lifeguards in the project area 4. Twenty-three buoy markers have been installed at each end of each PEP Reef segment. A full installation is completed every spring, whether it is needed or not. As weather warrants, maintenance is carried out throughout the year, which includes the replacement of any missing, and inspection of all buoys. In addition, staff completes an inventory at least once every two weeks. These buoys cost approximately $3,500/year with staff maintaining a surplus of materials. ALTERNATIVES AND ANALYSIS Any buoy or equipment installed on the surf zone will have a limited life of operation. County staff has chosen the best available materials without incurring extreme costs. Our experience has been that any material placed in this turbulent and corrosive environment will eventually fail and need to be replaced. Each buoy is chained to the reef with a coated cable attaching every eighteen -inch diameter marker. NOVEMBER 14, 2000 -98- BK 116PG110 RECOMMENDATIONS AND FUNDING Staff recommends continued installation and maintenance of the existing markers. Funding to be from Beach Restoration Fund 128- 144-572-033.19. Mr. Tabar stated that precautions are taken to make sure the public is aware of the reef and, immediately after installation, it was marked with buoys. He has contacted resort managers, homeowners and lifeguards and they contact him if there are any questions of safety. The lifeguards retrieve any buoys which are removed by waves and wind and they are recycled. There are 23 buoys in 11 segments, chained to the reef with colored cable. Commissioner Stanbridge stated that Jeff always responds to complaints and people have to use common sense. The lifeguards also have done a good fob of helping to make sure the buoys are replaced. Mr. Tabar also noted that he has had an addition to his staff recently which will also help. NO ACTION REQUIRED OR TAKEN. 9.B.2. PUBLIC DISCUSSION ITEM - WILLIAM SHELLY REQUEST TO SPEAK REGARDING "THE COUNTY NOISE ORDINANCE ENFORCEMENT IN THE GIFFORD AREA" The Board reviewed a letter of November 7, 2000: NOVEMBER 14, 2000 -99- BKII6PGIII From ; /Aker %ay V3/To25Z',4veni,o 4 ,ectiard, Az329&7 �7ez4a4 r g�is 6,4 1,1," 6 bu-Ocid /f e Tie itelek "e9f4�i1eGity 4 fiateSSi'i'crs Me `�`�/i7 9t°i 64. 2; /--€4,4061 -€4,406 i4e loin? /fD%Se aro inoe &.7,4-ce.,-r o -z- , >7 Vic, (4e, f2/— 0 V., -s"" NOVEMBER 14, 2000 BK X 1 6 P6 1 1 2 -100- William Shelly spoke on behalf of his grandmother, who is 82 years old and has lived in Gifford since 1935. She has had to move out -of her bedroom to a bedroom on the other side of her house because of the noise coming from several package stores and pool halls. There is another lady in the same area who has to turn her radio up to drown out the noise coming from these establishments. He asked the Board for assistance in solving this problem of excessive noise keeping these residents awake nights. He also noted that the type of music being played contains profanity which is especially objectionable to the elderly residents and small children in the area. Deputies from the Sheriff's Office and officials from Code Enforcement have all been out and have been unable to offer any solution. Community Development Director Bob Keating believed that this is a situation that Code Enforcement and COPE could work on. Usually voluntary compliance is sought but in this instance the compliance only lasts for a couple of days. He stated that he would continue to work with Code Enforcement and the COPE officers. These establishments are licensed as package stores and no consumption is allowed on the premises. Commissioner Stanbridge hoped that the Small Area Plan would be able to assist in taking care of these types of violation. Deputy County Attorney Will Collins noted that Mr. Shelly could file a civil suit but it would be quite expensive. He believed that a Code Enforcement procedure would be the most effective action at this time. He noted that Mr. Shelly and others will need to appear as witnesses and testify at the action. Mr. Shelly stated that he would be happy to testify. Chairman Adams agreed to aggressive pursuit through Code Enforcement and asked that Commissioner Stanbridge vigilantly pursue law enforcement for other solutions. Commissioner Macht asked for a subsequent report on this matter. NOVEMBER 14, 2000 -101- BKII6PG113 NO FURTHER ACTION REQUIRED OR TAKEN. 11.A.1. RESOLUTION 2000-144 RELEASING EASEMENT AT 12855 79TH AVENUE (A.A. BERRY SUBDIVISION IN ROSELAND) - CHRISTOPHER N. KIRRIE The Board reviewed a Memorandum of November 1, 2000: TO: James E Chandler County Administrator ENT HEAD CONCURRENCE: iP ert M. Keating AICP Community Develop n ent Directr THROUGH: Roland M. De AICP Chief. Environmental Planning & Code Enforcement FROM: Kelly Zedek Code Enforcement Officer DATE: 11/1/00 RE: CHRISTOPHER N. KIRRIE'S REQUEST FOR RELEASE OF EASEMENT AT 12855 79TH AVENUE (A. A. BERRY SUBDMSION IN ROSELAND) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 14, 2000. DESCRIPTION AND CONDITIONS The County has been petitioned by CHRISTOPHER N. KIRRIE, owner of a parcel at 12855 79th Avenue in Roseland, for release of a 40 foot -wide drainage and utility easement. The purpose of the request , according to the applicant. is to release the property from unneccessary use restrictions. since a drainage swale once located in the easement has been relocated to the north. outside of the easement and off of the applicant's property ALTERNATIVES AND ANALYSIS The request has been reviewed by Bell South Communications: Florida Power & Light Corporation: T C.I. Cable Corporation• the Indian River Countyiitilities Department: the County Road & Bridge and Engineering Divisions: and the County surveyor. County Engineering staff and the County Surveyor have indicated that the northwestern 15 feet of the 40 foot easement need to be retained by the County for purposes of swale maintenance access. NOVEMBER 14, 2000 -102- BK 116PG114 Therefore, it is staff's position that the entire easement should NOT be -released. Because release of the southeastern 25 feet (only) of the 40 foot -wide easement would have no adverse impact on drainage or utilities affecting the subject property or other properties, staffs position is that only the southeastern 25 feet of the subject 40 foot wide easement be released. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, release a portion of the drainage and utility easement, as more particularly described in said resolution. Environmental Chief Roland DeBlois noted that Mr. Kirrie is asking for an additional 15 foot section to be released, which staff does not support as the ditch needs to be retained for maintenance. Staff does support releasing 25 feet, but not the full 40 foot width. Warren Dill, Attorney representing Mr. Kirrie, 1515 US #1, Sebastian, stated that the 40 foot easement was originally given to the County by Mr. Kirrie. Mr. Kirrie purchased this property in 1966 under an agreement for deed. The parcel he contracted to purchase was 660 feet by 166 feet. When Mr. Kerrie paid off the agreement and received a deed for the property, he was deeded 593 feet instead of 660 feet. The other 67 feet was given to the County by the prior owners during the time Mr. Kirrie was paying for the 660 feet. The deed to the County for the 67 feet was dated subsequent to Mr. Kirrie's deed but recorded prior to Mr. Kirrie's deed. In 1978 Mr. Kirrie was approached by the County regarding the longstanding drainage problem in the area and he gave the County another 40 -foot easement to assist with the drainage. At that time, Mr. Kirrie believed that he would get back his 67 feet once the drainage problem had been solved. The County now has 107 feet for ditch maintenance. In 1992 Mr. Kirrie started trying to get the 40 -foot easement released. The home on the property was evidently built without permits and is there illegally. The County adopted the Roseland Drainage Improvement Plan in early 1998, during the same period Mr. Kirrie was trying to get his property back. In 1999, before the current ditch was constructed, a meeting was held during which discussion was held regarding relocating the ditch to the NOVEMBER 14, 2000 -103- BK 116 PG 115 north, but there was never any further discussion of that relocation. There was also discussion regarding tearing down the 2 homes which are rental property belonging to Mr. and Mrs. Caird,.. There is sufficient 60 -foot access that goes all the way back to the north line of the 67 -foot parcel. That same ditch also runs down the east side of Mr. Kirrie's property. Mr. Kirrie does not want an adversarial problem, he just believes that he is not being treated fairly and that the County has sufficient access to the ditch for maintenance. He is asking for release of the entire 40 feet. Deputy County Attorney Will Collins stated that staff has been working with Mr. Kirrie for a couple of years to resolve this situation. He asked for adoption of the resolution with a revision to make reference to the book and page of the recording of the easement. The encroaching houses were built on property purchased by Mr and Mrs. Cain from the County in 1944 at a tax deed sale. He believed that the intent of Mr. and Mrs. Cain is to eliminate both of these houses and build a new one. However, the current issue is access to maintain the relocated drainage ditch. Public Works Director Jim Davis commented that property access is 128`h Court. Staff is concerned about erosion along the south side of the ditch and not having to reach 30 to 40 feet over the ditch. ON MOTION by Commissioner Macht, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously granted the 25 -foot easement release; directed staff to further investigate the additional 15 feet; and approved Resolution 2000-144 releasing a portion of an easement on Lot 27, A. A. Berry Subdivision. NOVEMBER 14, 2000 -104- BK 116PG116 6P4740 DOCUMENTARY STAMPS DEED $ • 17-o NOTES JEFFREY K. BARTON, CLERK INDIAN RIVER COUNTY RESOLUTION NO. 2000-144 IN THE RECORDS OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FLA. A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF AN EASEMENT ON LOT 27, A. A. BERRY SUBDIVISION WHEREAS, Indian River County has an interest in a drainage and utility easement, recorded at ORB 556. PG 886, Public Records of Indian River County Florida, on Lot 27 of A. A. Berry Subdivision: and WHEREAS, the retention of a portion of the easement, as described below. serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of a portion of an easement is executed by Indian River County, a political subdivision of the State of Florida whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to KIRRIE, CHRISTOPHER N. PO BOX 144 ROSELAND, FL 32957-0144 his successors in interest, heirs and assigns, as Grantee, as follows: Indian River County does hereby release and abandon all right, title, and interest that it may have in the following described easement portion: the South 25 feet of the North 107 feet of the Westerly 1/2 of Lot 27, A.A. Berry Subdivision, recorded itt Plat Book Z Page 14 of the Public Records of St. Lucie County, Florida, LESS the Westerly 25 feet and also LESS the Easterly 30 feet thereof. Now lying in Indian River County, Florida. THIS RESOLUTION was moved for adoption by Commissioner Macht , seconded by Commissioner Stanbridge and adopted on the November 2000, by the following vote: Commissioner Fran B. Adams Commissioner Caroline D. Ginn Comn]issioner Kenneth R. Macht Commissioner John W. Tippin Commissioner Ruth Stanbridge NOVEMBER 14, 2000 Aye Absent Ave Aye Aye -105- 14th day of BK 116 PG 117 1V r. IMPEMP c c c c r• c. ZL'Z9d89C 1 kjo RESOLUTION NO. 2000-144 The Chairman declared the resolution duly passed and adopted this 14th NpvamhPr ,2.000 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By T a -A& 49 Fran B. ,Adams • Chairman Attested' 'Deputy Clerk r STATE OF FLORIDA COUNTY OF INDIAN RIVER day of • • The foregoing instrument was acknowledged before me this 14th day of November 2000, by FRAN B. ADAMS, as Chairman of the Board of County Commissioners of Indian River County Florida, and by PATRICU % "r .;" I ,r%'. r; Deputy Clerk for JEFFREY K. BARTON. Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me. NOTARY PUBLIC • PrintedNathb: Kimberly F. Massung Commission No.: CC855436 Commission Expiration: Jul y 15. 2003 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Wiliam G. Collins 1I Deputy County Attorney ease.doc proj/apl.no. 99050033/23829 NOVEMBER 14, 2000 -106- • Kimberly E. Massung MY COMMISSION # CC855436 EXPIRES July 15, 2003 BONDED THRU TROY FAIN INSURANCE INC BK 116 PG 118 CL'Zod89E I uo J 1J1S3 .0f ce ce w O min 2 CO cci m Q N Y L 0 O c p o; 11.A.2. OSLO RIVERFRONT CONSERVATION AREA - REQUEST FOR APPROVAL OF AN ADDENDUM TO AN AGREEMENT WITH SUMMERLIN'S SEVEN SEAS, INC. FOR CONSTRUCTION OF A GROUND -LEVEL BOARDWALK AND DITCH CROSSING - COUNTY PROJECT 7060 The Board reviewed a Memorandum of November 7, 2000: TO: James E. Chandler County Administrator DEP ENT HEAD CONCURJENCE: 1.01i 12- 9 obert M. Keat ng, AICD Community Development Dire FROM: Roland M. DeBIWIS Chief, Environmental Planning DATE: November 7, 2000 RE: Request for Approval of an Addendum to an Agreement with Summerlin's Seven Seas, Inc. for Construction of a Ground -Level Boardwalk and Ditch Crossing at the Oslo Riverfront Conservation Area It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 14, 2000. pFSCRTPTION ANI) CONDITIONS In 1999, the County was awarded a $2,400 matching grant from the Florida Greenways and Trails program to construct Americans with Disabilities Act (ADA) improvements at the Oslo Riverfront Conservation Area (ORCA). More specifically, the grant proposal is for ADA improvements to a short "hammock loop' portion of the overall trail system at ORCA. The improvements entail a ground -level boardwalk (over a trail section known to flood) and ditch crossing as well as eventual marl surface treatment to the loop trail. These improvements have been reviewed and endorsed by an ORCA working group, consisting of county staff, volunteers, and staff of other agencies involved in management of the property. Summerlin's Seven Seas, Inc. is the marine construction company with which the County contracted for construction of boardwalks a viewing pier, and canoe landing that were built on the Oslo Riverfront property in November, 1997. Subsequently, in September, 1998, the Board approved an amendment to the contract with Summerlin's Seven Seas for the company to construct an observation platform on the property. Staff is now requesting that the Board of County Commissioners authorize staff to proceed with a second amendment to the original contract with Summerlin's Seven Seas, Inc., for the company to construct the proposed ground -level boardwalk and ditch crossing at a cost of $5,000. NOVEMBER 14, 2000 -108- BK 116 PG 120 ANA! YS!S Purchasing Procedures; Justification County Code Chapter 105, Purchasing. sets forth bidding procedures and requires Board approval for the purchase of materials or services exceeding S5.000. Code Section 105.03 provides that bidding is not required for projects costing more than $5.000, except for certain projects specifically requiring bidding under Florida Statutes (which is not applicable in this case). Since the construction costs do not exceed $5,000 Board approval is technically not required for the proposed improvements. Notwithstanding, staff thinks it is appropriate to bring this item to the Board for consideration. Regarding selection of a contractor, staff's position is that it is appropriate and in the County's interest to select the services of Summerlin's Seven Seas for construction of the improvements without need for formal bidding, based on the following reasons. First, from past experience regarding similar structures associated with other county projects, Summerlin's price has been reasonable. Second, Summerlin's Seven Seas has consistently been the low bidder and has done competent work in a timely manner in past marine construction county bid projects (e.g , Round Island Park boardwalks and tower; Donald McDonald Park boardwalk/pier). As previously explained, the County contracted with Summerlin's Seven Seas for construction of other marine structures on the ORCA property, and there is an opportunity to amend that contract to include the ground -level boardwalk and ditch crossing. Contract The Addendum is structured similar to the ongmal contract with Summerlin's Seven Seas. The Addendum specifies that the ground -level boardwalk and ditch crossing must be completed by January 8 2001. The Addendum also provides that payment to the contractor will be in one lump sum, but only after the construction work is inspected by county staff and found to be satisfactorily completed. Since the work consists of small structures that will be constructed in a matter of weeks, and payment will be in one lump sum vs. a series of payments, the Addendum waives construction and payment bonds that were required for previous work under the onginal contract agreement. Funding Staffs position is that the appropriate funding source for the proposed construction work ($2,600, matched by the $2,400 Greenways grant) is the County's native upland "fee -in -lieu of set-aside" account. The referenced account (# 127-000-343-071.00) pertains to monies received by the County for fees -in -lieu of native upland set -asides, as required in the County's Land Development Regulations for development Habitaten projects (greater than five acres) in native upland areas County Code Section 929.05(3) Upland Protection, provides that such funds are intended for the County to use acquire conservation land or to use for the management of county acquired conservation lands. Therefore, since the proposed construction relates to conservation land management, the funds are appropriate for use for this project. _ RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Addendum 2 to Agreement, and authonze the Board Chairman to execute said document NOVEMBER 14, 2000 -109- BK 116 PG 121 P • `• ) . c si a T. • AI 2.4 • • • i.1 m• r • ▪ •' .• •YI • •M! EME ON MOTION by Commissioner Macht, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously approved Addendum 2 to the Agreement and authorized the Chairman to execute same, as recommended by staff ADDENDUM IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C. OLD FELLSMERE SCHOOL - PHASE I STUDY ANALYSIS WITH ARCHITECT JOHN H. DEAN AND ASSOCIATES, P.A., A.I.A. Deferred. 11.G.1. STATUS REPORT REGARDING RECENT BEACH EROSION Deferred. 11.G.2. RED STICK GOLF CLUB - 58TH AVENUE RIGHT-OF- WAY ACQUISITION The Board reviewed a Memorandum of November 3, 2000: NOVEMBER 14, 2000 -111- BK 116 PG 123 TO: FROM: SUBJECT: DATE: James E. Chandler, County Administrator James W. Davis, Public Works Director 58th Avenue Right -of -Way Acquisition - Red Stick Golf Club November 3, 2000 DESCRIPTION AND CONDITIONS The attached contract provides for the County purchasing=1.026 aces of Kings Highway additional future right-of-way along the constructed Red Stick Golf Club The selling price is acre for M-1 Land Use Plan Density (8 units per acre). $20,520. ALTERNATIVES AND ANALYSIS The alternatives are as follows: newly $20,000 per The cost is Alternative No. 1 Purchase the land at this time for future right-of-way. Alternative No. 2 Do not purchase the land and allow golf course improvements,which could result in a much higher value when needed. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No.1 whereby the Chairman is authorized to execute the contract for purchase and purchase the land at this time. Funding to be from 1t Local Option Sales Tax - Fund 315-214-541- 066.12. ON MOTION by Commissioner Macht, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Ginn absent) unanimously approved the contract and authorized the Chairman to execute same, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD NOVEMBER 14, 2000 -112- BK 116 PG 124 11.G.3. KINGS HIGHWAY PHASE II PLAN MODIFICATIONS DAVID AND ELAN FELDMAN PROPERTY - KIMLEY- HORN The Board reviewed a Memorandum of November 7, 2000: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Direct FROM: Terry B Thompson, P,E. j5 Capital Projects Manager SUBJECT: Kings Highway Phase II, Plan Modifications Feldman Property DATE: November 7, 2000 F:1Publie Works\Capital Projects1/21CingsPh24onespondence ICHAmodifyFeldman.agn DESCRIPTION AND CONDITIONS Twenty feet (20') of additional right-of-way is needed along the Feldman property on the west side of Kings Highway between 15t street SW and 4th Street. A 1.29 acre parcel for stormwater retention is also needed in this area. An Agreement has been reached between the Developer David and Elan Feldman, and County staff whereby the Developer will take density credit through the planned development process in lieu of cash compensation for said parcels. Construction plans for Phase II of Kings Highway are 100% complete. Pond 400 is currently located in the northeast quadrant of the Feldman property. The Feldman's have requested that Pond 400 be moved to the northwest comer of the property to comply with future development plans. Attached is a proposal from the consultant for Kings Highway, Kimley-Horn and Associates Inc. to revise the construction plans and modify the St. Johns River Water Management District (SJRWMD) Permit. A proposed Developer s Agreement is also attached. The -Developer's Agreement will be brought to the Board for approval after all the listed exhibits have been prepared by Kimley-Hom and County staff. Kimley-Hom will perform the Scope of Services outlined in the attached proposal for $7,200.00. The value of the proposed nght-of-way dedication and stormwater retention parcel is $34,740.00, based on a unit price of $18,000.00 per acre RECOMMENDATIONS AND FUNDING Staff recommends approval of the attached Agreement with Kimley-Hom in the amount of $7,200.00. NOVEMBER 14, 2000 -113- 8K 116 PG 125 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously approved the Agreement with Kimley- Horn in the amount of $7,200.00, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.1. RESOLUTION 2000-145 AND RESOLUTION 2000-146 WESTWOOD SUBDIVISION - 28TH COURT SW (NORTH OFF 5TH STREET SW) - PETITION WATER SERVICE - PRELIMINARY ASSESSMENT RESOLUTIONS I AND II The Board reviewed a Memorandum of November 6, 2000: DATE: NOVEMBER 6, 2000 TO: JAMES E. CHANDLER COUNTY ADM I c TOR FROM: JEFF SMITH, CPA ASSISTANT DIRE OR F =ITV SERVICES PREPARED JAMES D CHAST AND STAFFED MANAGER 0 ENT PROJECTS BY: DEPARTME 1 TILTTY SERVICES SUBJECT: WESTWOOD SUBDIVISION- 28TH COURT S. W. (NORTH OFF 5TH ST SW) PETITION WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW -00 -11 -DS PRELIMINARY ASSESSMENT RESOLUTIONS I AND II BACKGROUND On June 13, 2000, the Indian River County Board of County Commissioners unanimously authorized staff to proceed with the design engineering necessary, and award a contract for NOVEMBER 14, 2000 -114- BK 116PG126 survey services based on the most favorable quote, in preparation for the special assessment project, as recommended by staff. The Department of Utility Services staff has completed design. We are now ready to begin the assessment process associated with this project (See attached EXHIBIT 1 -agenda item and minutes of the above referenced meeting, -EXHIBIT 2- Plat Map and EXHIBIT 3 -Estimated Project Cost). ANALYSIS There are 12 platted residential lots, which may benefit from this proposed water line on 28th Court SW. The petition has been signed by 10 of the 12 owners (83%). The lots are 0.53 acre. The attached map displays the area to benefit from the assessment project The 2 lots abutting 5th Street were provided water service in the Phase I Water Project, which was completed on January 12, 1993 and are not included (see attached EXHIBIT 2- Plat Map). Of the 17 subdivisions along 5th Street SW, between 27th and 43rd Avenues, the installation of County water service in Westwood Subdivision will leave just one subdivision in this area without County water. 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). This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, funding will be from the Assessment Fund No 473-000-169-389.00. 28th Court in Westwood Subdivision is a private street, with a provision in the certificate of the subdivisions plat dedication requinng a formal acceptance of the streets and/or easements, or any part thereof, by the County. Staff will prepare for execution a resolution of acceptance of the streets and/or easements, "for utility purposes only", on the consent agenda, prior to the public hearing and presentation of Resolution III, for this project. Attached are Resolutions I and II for the assessment project. The total estimated project cost and amount to be assessed; including engineering and administration is $49 261 00 The estimated assessment cost per square foot is $0.177794 (rounded) (See attached EXHIBIT 4 -Assessment Roll). RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached resolutions, which approve the preliminary assessment roll and establish thepublic hearing date. LIST OF EXHIBITS: Exhibit -1. BCC minutes June 13, 2000 Exhibit -2. Plat Map Exhibit -3. Estimated Project Cost Exhibit -4. Preliminary Assessment Roll Exhibit -5. Page 4 Potable Water Sub -element NOVEMBER 14, 2000 -115- BK1I6PG127 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously adopted Resolution 2000-145 providing for expansion of the County's water system to Westwood Subdivision (28th Court SW,' north of 5111 Street); providing the total estimated cost, method of payment of assessments, number of annual installments, and description of the area specifically served. Providing (First Reso.) RESOLUTION NO. 2000- 145 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR EXPANSION OF THE COUNTY'S WATER SYSTEM TO WESTWOOD SUBDIVISION (28TH COURT, SW, NORTH OF 5TH STREET); PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain properties to be serviced by a water main extension to Westwood Subdivision (28 h Court, SW, north of 5th Street), hereinafter referred to as Project No. UW -00 -08 -DS; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water line shall be installed to benefit 12 Tots on 28th Court, SW, north of 5th Street, in Indian River County, Florida and, pursuant to to Secin 206.02 of The Code of Indian River County, further described as all Tots and lands adjoining and contiguous or bounding and abutting upon the improvements or speciallybenefited thereby and further designated by the assessment plat with respect to the special assessments, and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of The Code of Indian River County. 2 The total estimated cost to be assessed is $49,261.00 or $0.177794 per square foot to be paid by the property specially benefited as shown on the assessment plat on file with the Department of Utility Services. Assessments are to be levied against all Tots and lands adjoining and contiguous or bounding and abutting upon the improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. NOVEMBER 14, 2000 -116- BK 116 PG 128 RESOLUTION NO. 2000-145 3. A special assessment in the amount of $0.177794 per square foot shall be assessed against each of the properties designated on the assessment plat. This assessment may be raised or lowered by action of the Board of County Commissioners after the public hearing, at the same meeting, as required by the referenced County Code. 4. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the resolution of the Board with respect to credits against the special assessments after completion of the improvements (the ' Credit Date' ) without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the project is completed. 5. There is presently on file with the Department of Utility Services a plat showing the area to roposed iplans st of the improvements. All of these areiestimatefications and an- open to inspection by the public theoat the Department Utility Services. 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River County Utility Services Department shall this ution showing e areas to p ubl shedse at least one time (along map in the Vero BebeforePress Journalbe efothe public hearing as P required by Section 206.04. was The resolution was moved for adoption by and, upon being pumissioner ttogeandhh ethe motion as seconded by Commissioner Ti ppi n follows. Chairman Fran B. Adams Vice Chairman Caroline D. Ginn Commissioner John W. Tippin Commissioner Kenneth R Macht Commissioner Ruth Stanbridge Aye Absent Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 14th day of November, 2000. Atte J. K. Barton, Cle Deputy Cler NOVEMBER 14, 2000 -117- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: —36 — Fran B. Adams Chairman Iinew fever Co Approved if* Admin. Legal Strop IVj✓ Risk Mgr. 110 Dela BK 116 PG 129 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously adopted Resolution 2000-146 setting a time and place at which the owners of properties located in Westwood Subdivision (28th Court SW, north of 5th Street) and other interested persons, may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefitted thereby. Time and Place (Second Reso.) RESOLUTION NO. 2000- 146 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED IN WESTWOOD SUBDIVISION (28T" COURT, SW, NORTH OF 5Th STREET) AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS THETO BE SPECIALLY ASSESSED AGA NSTO OUNT EACH MPROPERTYREOF BENEFIITED THEREBY. WHEREAS the Board of County Commissioners of Indian River County has, by Resolution No 2000-144 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that a waterline be installed to serve 12 Tots located on 28'" Court, SW, north of 5'" Street and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $0.177794 per square foot; and NOVEMBER 14, 2000 -118- BK I 16 PG 130 RESOLUTION NO. 2000-146 WHEREAS the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06 of the Code of Indian River provides that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m. on Tuesday, December 12, 2000, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Department of Utility Services any week day from 8 30 a.m. until 5:00 p.m. 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Indian River County Department of Utility Services shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Stanhririgp , and the motion was seconded by Commissioner Ti ppi n , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Vice Chairman Caroline D. Ginn Commissioner John W. Tippin Commissioner Kenneth R Macht Commissioner Ruth Stanbridge Aye Absent Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 14th day of November, 2000. Attest J. K. Barton, Clerk • BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By l Q.vl anzet tel' ���C Fran B. Adams Chairman Deputy C4 (k Attachment: ASSESSMENT ROLL NOVEMBER 14, 2000 -119- • mein Awe 6a Approved Date Admin l OC) %so Legal ti Budget V III/Y Dept. el(dfo) /_v 1 I (Sisk MgrE 1 D. 31 BOCK 113 tA3EL51 11.G.2. NORTH COUNTY PARK - APPROVAL OF MASTER PLAN. REVENUE OPTION AND CONSTRUCTION ALTERNATIVE PHASE I. POOL COMPLEX AND SITE INFRASTRUCTURE - DESIGNBUILD CONTRACT WITH WELLER POOLS AND SELECTION OF CONSTRUCTION MANAGER FOR SITE WORK Deferred to July 11, 2000. 11.H.1. WESTWOOD SUBDIVISION - 28TH COURT SW (NORTH OFF 5TH STREET SW) - PETITION WATER SERVICE - PROJECT US -00 -11 -DS The Board reviewed a Memorandum of May 30, 2000: DATE: MAY 30, 2000 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E: DIRECTOR OF UTILITY 5ER9TCES PREPARED JAMES D. CHAST • AND STAFFED MANAGER OF IDI PROJECTS BY: DEPARTMENT • UTILITY SERVICES SUBJECT: WESTWOOD SUBDIVISION — 28' COURT S.W. (NORTH OFF 51" ST SW) PETITION WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW -00 -I1 -DS BACKGROUND A petition has been received from the residents of 28th Court SW, Westwood Subdivision, requesting the County supply potable water to its residents. Staff is now seeking approval to begin design of the above-mentioned project. (See attached Exhibit l- Plat Map, and Exhibit 2 - Petition). JUNE 13, 2000 NOVEMBER 14, 2000 -40- -120- EXHIBIT 1 BK 116 PG 132 0 ANALYSIS There are 12 platted residential lots, which may benefit from this proposed water line on 281 Court SW. The 10 owner's signatures. on the petition represent 83 % of the 12 lots supporting this project. The 2 lots abutting 5° ST. SW were provided service in the Phase I Water Project, which was completed 1-12-93 and are not included. (see attached Exhibit 3 - Schedule): Of the 17 subdivisions along 5d' Street SW, between 2? and 43rd avenues. the installation of County water service in Westwood Subdivision will leave just one subdivision without County water ! 28" Court in Westwood Subdivision is a private street, with a provision in the certificate of plat dedication requiring a formal acceptance of the streets and/or easements. or any pan thereof, by the County. Staff will prepare for execution a resolution of acceptance of the sweets and/or easements, " for utility purposes only' , on the consent agenda, pnor to the public hearing and presentation of Resolution I1I, for this project. The properties are typically 0.53 of an acre. The attached map (EXHIBIT -1) displays the aretto benefit from the assessment project. This protect is to be paid through the assessment of property owners alone the proposed water line route. Funding will be from the assessment fund No. 473. Design services will be provided by the Department of Utility Services. RECOMMENDATION The staff of the Deparmient of Utility Services recommends approval of the above -listed project, and requests authorization for the Department to proceed with the design engineenng work and award a contract for survey services based on the most favorable quote. in preparation for the special assessment project. JUNE 13, 2000 ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board unanimously approved the project and authorized staff to proceed with the design engineering work and award a contract for survey services based on the most favorable quote, in preparation for the special assessment project, as recommended by staff. NOVEMBER 14, 2000 -41- BOOK i -121- BK 116PG133 LI -2311► 8 81.66 41. 16 —�' .25 810 CY 11 1 -a AC .25 AC 16+ 15 80'0 AC wow Gamma a .93 AC r 230.90 4 105.67 4 7 s@ri17 �' p a e. 8166 245.90 E IT EF dir iti R 317 03 3 125 19 77.72 a25 11.0 AC; 89.6. 3RD ST SW to - 1.94 AC CAN AL TRB gna D 09.61 (� 247.90 N W 0 Q; N 2 CO m 28790 0 -J m 05 w cc 1 15 2, 16 • 17 2 vv) 0 'Q 18 . v1 1- 0 U :a` 4 n828 3 11827 ?g 2 X H I 118.86 O• ;p 1 a 504 17> . 00001 0080 00002.0 1 • 00001 00110 00010.0 01 2.08 AC 300 1 265r ale 5TH ^ NOVEMBER 14, 2000 STREET 27D " ., .' 01 -122- esti TR.9 EXHI T 2 BK 116 PG 134 Bid Item MiEm Indian River County Department of Utilities Project WESTWOOD SUBDIVISION Description: FURNSIH AND INSTALL WATER DISTRIBUTION SYSTEM Last Updated: October 27, I000 Bid Item AOBLZATON Mobil Bid It m Description Estimated . Quantity Unit of Measure Mobilization L.S. Unit Price WATFRPIST81UUTIQQ 2 3 WM-PVC 2 DB / 6 -inch Furnish & Insu 1 6 -inch PVC Water Main 6" Driveway Bore 4 5 6 FIT I FIT 2 FIT 3 1,040 LF 184 LF Furnish & Inns • Mech. Restrained t. Ductile ron Fittings Make connection to Exist Mains/ Structure Temp. Water Main umper 0.16 7 WS sgl. / short WS - sgl. / long WS - dbl. / short Water Service line Single Shon Water Service line - Single Long WS•dbl. /long 1 1 Tons 3 3 Water Service line - Double Short Water Service line Doub e Long 1 EA EA S 1,000.00 Total Price 51.000 514.00 S14,560 530.00 55,520 53,000.00 S1,000.00 5488 SI 000 EA. EA. 2 EA. EA. 5800.00 S350.00 5575.00 5465.00 5750.00 $800 51.050 1,725 5465 11.500 8 GV / 6 -inch umish & Insu 16 inch NRS Resilient Seated Gale Valve 1 EA 5550.00 S550 9 FHA 10 Asphalt Restoration ire ydrant As mb y w 6 -inch gate vaive 2 EA S2, 00.00 S4,600 Asphalt Cement Replacement over full trench width 29 S.Ye. 50.00 S ,444 11 I,AU.l1SCAP,l RFSTORAT ON Sod DEIMTOH 17 AT ON 12 D mob. Lawn Restoration (Topsoi & Sod) (estimated 9' wide rep acemenn 1,011 S.Y. S2.50 Dennobilization L.S. 5500.00 13 RD Record Drawings 14 Forc Accra. RCDUS Continnency Account (by Change Order) 10% L.S. Allowance 52.528 $500 5500.00 5500 50.00 53.823 Tota Est. Construction Cost : 542.050 Surveying Services : Design Services @ Permit Fee - FDEP Water Permitting Services @ 51,350 7.00% 52,944 LS 5500.00 5500 0.50% 5210 Bidding & Award Services Services During Construction Q Administration Cool 0.75% S315 2.00% $841 2.50% SI,O5I ESTIMATED ASSESSED PROJECT COST : 549,261 WS - dbl. / short Water Service line - Double Short I 1 EA. 1 5465.001 5465 ESTIMATED NON -ASSESSED PROJECT COST : 5465 c/Jo smiah JoMaon projadWWPrgecl -Oona Hd9M&llgutsd WS Assessment - Cost -Est. xis/CONSTRUCTION COST NOVEMBER 14, 2000 -123- EXHIBIT 3-$ Page 1 BK 116 PG 135 • PRELIMINARY ASSESSMENT SUMMARY SCHEDULE OF PROPERTIES WESTWOOD SUBDIVISION -28TH COURT(NORTH OFF STH ST SW) INDIAN RIVER COUNTY PROJECT NO. UW -00 -11 -DS PARCEL ID NO, 22 33 39 00009 0000 22 33 39 00009 0000 22 33 39 00009 0000 22 33 39 00009 0000 22 33 39 00009 0000 22 33 39 00009 0000 22 33 39 00009 0000 22 33 39 00009 0000 22 33 39 00009 0000 22 33 39 00009 0000 22 33 39 00009 0000 22 33 39 00009 0000 00002.0 00003.0 00004.0 00005.0 00006.0 00007.0 00008.0 00009.0 00010.0 00011.0 00012.0 00013.0 Q1WWNEE JOHNSTON WILMOUTH WILSON PICARDI VETTER FOX GILSON DENNIS JACKSON OSWALD COLGAN BEARE Estimated square footage to be assessed Estimated project cost to be assessed Estimated cost per sq. ft. (Rounded) Nov. 20, 2000 JDC WESTWOOD28THCTSCH NOVEMBER 14, 2000 $ 0.17779389897 $ 0.177794 -124- SIGNED SQUARE PETTnO l FOOTAGE ASSESSMENT X 1S 23,089 4,105.08 23,089 4,105.08 23,089 4,105.08 23,089 4,105.08 23,089 4,105.08 23,089 4,105.08 23,089 4,105.08 23,089 4,105.08 23,089 4,105.08 23,089 4,105.08 23,089 4,105.08 23.089 4,105.08 10 (83% OF 12) 277,068 $ 49,261.00 EXHIBIT 3 BK 116PG136 gimummr PRELIMINARY ASSESSMENT ROLL WESTWOOD SUBDIVISION - 28TH COURT (NORTH OFF 5TH ST SW) WATER SERVICE PROJECT I. R. C. NO UW -00-11- DS J. D. C. PARCEL # 22 33 39 00009 0000 00002.0 SQ FT. 23,089 ASSESSMENT 4,105.08 OWNER JOHNSTON, DANIEL A & PATTIE K 446 28TH CT SW VERO BEACH, FL 32960-3212 LEGAL WESTWOOD SUBDIVISION LOT 2 PBI 9-66 PARCEL # 22 33 39 00009 0000 00003.0 SQ FT. 23,089 ASSESSMENT 4,105.08 OWNER WILMOUTH, EUGENE A & MARY S 440 28TH CT SW VERO BEACH, FL. 32968-3212 LEGAL WESTWOOD SUBDIVISION LOT 3 PBI 9 - 66 PARCEL # 22 33 39 00009 0000 00004.0 SQ FT. 23,089 ASSESSMENT 47105.08 OWNER WILSON , JOHN D JR & MARTHA ELAINE 406 28TH CT SW VERO BEACH, FL. 32968-3212 LEGAL WESTWOOD SUBDIVISION LOT 4 PBI 9 - 66 PARCEL # 22 33 39 00009 0000 00005.0 SQ FT. 23,089 ASSESSMENT 4,105.08 OWNER PICARDI, DOMENICO & MARIA 386 28TH CT SW VERO BEACH, FL. 32968-3205 LEGAL WESTWOOD SUBDIVISION LOT 5 PBI 9 - 66 PARCEL # 22 33 39 00009 0000 00006.0 SQ FT. 23,089 ASSESSMENT 4,105.08 OWNER VETTER, JOHN G & PATRICIA G 366 28TH CT SW VERO BEACH, FL. 32968-3205 LEGAL WESTWOOD SUBDIVISION LOT 6 PBI 9 - 66 PARCEL # 22 33 39 00009 0000 00007.0 SQ FT. 23,089 ASSESSMENT 4,105.08 OWNER FOX, SAMUEL L & MELANIE S 310 28TH CT SW - VERO BEACH, FL. 32968-3205 LEGAL WESTWOOD SUBDIVISION LOT 7 PBI 9 - 66 NOVEMBER 14, 2000 -125- 1 EXHIBIT- 4 BK 116PG137 PARCEL # 22 33 39 00009 0000 00008.0 SQ FT. 23,089 ASSESSMENT 4,105.08 OWNER GILSON, WANDA 325 28TH CT SW VERO BEACH, FL. 32968-3295 LEGAL WESTWOOD SUBDIVISION LOT 8 PBI 9 - 66 PARCEL # 22 33 39 00009 0000 00009.0 SQ FT. 23,089 ASSESSMENT 005.08 OWNER DENNIS, WALTER P 365 28TH CT SW VERO BEACH, FL. 32968-3295 LEGAL WESTWOOD SUBDIVISION LOT 9 PBI 9 - 66 PARCEL # 22 33 39 00009 0000 00010.0 SQ FT. 23,089 ASSESSMENT 4,105.08 OWNER JACKSON. RICHARD 385 28TH CT SW VERO BEACH, FL. 32968-3295 LEGAL WESTWOOD SUBDIVISION LOT10 PBI 9-66 PARCEL # 22 33 39 00009 0000 00011.0 SQ FT. 23,089 ASSESSMENT 4,105.08 OWNER OSWALD SANDRA 0 405 28TH CT SW VERO BEACH, FL. 32962-3206 LEGAL WESTWOOD SUBDIVISION LOT11 PBI 9-66 PARCEL # 22 33 39 00009 0000 00012.0 SQ FT. 23,089 ASSESSMENT 4,105.08 OWNER COLGAN, JOHN E. 425 28TH CT SW VERO BEACH, FL. 32968-3206 LEGAL WESTWOOD SUBDIVISION LOT12 PBI 9-66 PARCEL # 22 33 39 00009 0000 00013.0 SO FT. 23,089 ASSESSMENT 4,105.08 OWNER BEARE, ROBERT L SR & LINDA J 445 28TH CT SW VERO BEACH, FL. 32968-3206 LEGAL WESTWOOD SUBDIVISION LOT13 PBI 9-66 ESTIMATED SQUARE FOOTAGE TO BE ASSESSED 277,068 ESTIMATED PRELIMINARY ASSESSMENT (Rounded) $49,261.00 WESTWOOD28THCTASSMTROLL NOVEMBER 20, 2000 JDC NOVEMBER 14, 2000 -126- BK 116PG138 Initially, all potable water in Indian River County was:tained from private wells. Even today, many county residents their water from an individual, private well. Over time, however, the need to serve larger residential and non-residential projects resulted in the establishment of centralized potable water systems. While most of these centralized systems were privately owned and operated, the City of Vero Beach was the first government to establish a public system. Within the u nincorporated county, no publicly owned, centralized water system was established until relatively recently. Prior to 1978, Indian River County did not operate any potable water treatment facilities. • In 1978, the county aquired the Gifford Water Treatment Plant from the Farmer's Home Administration. Prior to being taken over by the county, the Gifford facility was owned and operated by a private company. The private operator was in financial trouble and the water treatment facility was experiencing major problems. Although the county was reluctant to become a utilities provider, an agreement w as reached between the county and the Farmer's Home Administration in which the county agreed to take over and operate the Gifford Water Treatment Plant. In return, the Farmer's Home Administration gave the County a $20,000,000 loan for the purpose of providing potable water to County residents. To date, the County has used $9.2 million of this loan. • In 1987, the draft document of the Indian River County Water System Master Plan was developed. The purpose of the Master Plan w as to develop a document for the economical and orderly e xpansion of the County's water system so that it will be capable o f supplying the potable water needs of the eastern half of the county during the period of 1986 - 2005. The County Utilities Department has the responsibility for the operation of the county's potable water s} stem. The areas served by County Utilities are as follows: Imp N orth County Retail Service Area South -County Service Area River's Edge Water Service Area N orth_Beach Service Area W holesale Service Area P otable Water Facilities • P otable water facilities normally consist of a water supply, a t reatment plant, and a distribution system. The water supply can • NOVEMBER 14, 2000 4 -127- EXHIBIT 5 BK 116 PG 139 11.H.2. FLORIDA EAST COAST RAILWAY COMPANY - YEARLY LEASE AGREEMENTS AND ADDITION TO BLANKET AGREEMENT The Board reviewed a Memorandum of October 30, 2000: DATE: OCTOBER 30. t99t TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E. DIRECTOR OF UTILITY St PREPARED STEVEN J DOYLE P E AND STAFFED CAPITAL PROJECTS MANAGER BY: DEPARTMENT OF UTILITIES SUBJECT: FLORIDA EAST COAST (FEC) RAILWAY COMPANY YEARLY LEASE AGREEMENTS & ADDITION TO BLANKET AGREEMENT BACKGROUND AND ANALYSIS Utilities, which cross the Florida East Coast Railway Company (FEC) right-of-way are subject to a yearly, lease fee. The Standard Blanket Agreements allow for the continued use of select FEC Railway Company right -of --way for the purpose of County water, wastewater and reclaimed water utilities. Schedule -A (attached) depicts a hsting of all known utilities crossing under FEC right-of-ways The Schedule further defines the annual costs associated with each utility crossing Recently the Department of Utilities submitted for an additional utility crossing (water main) along Main Street in Sebastian The Department of utilities has been denied a utility crossmg through FEC halt - of -way until such time that the Board of Count Commissioners has executed the Addition to the Blanket Agreement. This proposed water main crossing on Main Street gave the FEC the opportunity to impose additional provisions to the blanket Agreement. Paragraph 14 of the Standard Blanket Agreement has been revised to further indemnify and hold harmless the FEC. Paragraph 16 the Standard Blanket Agreement allows annual automatic price rate increases based on the Consumer Price Index (CPI) or 3% whichever is greater. The Additions to the Standard Blanket Agreement are presented in Attachment -B. During the permitting process the FEC required a modification (Addition to Blanket Agreement) to the Annual lease agreement, which allowed FEC automatic price increases based on the Consumer Price Index (CPI). The Addition to the Blanket Agreement further allowed a rate increase of 3% regardless of the Consumer Price Index. The Department objected to the proposed Addition to the Blanket Agreement and requested wntten clarification from FEC on Justification fot-the annual price increase. The Departments letter of objection and the response from the FEC are presented in Attachments C and D respectively. NOVEMBER 14, 2000 -128- BK 116 PG 140 Attachment -E is an Invoice from the FEC for the remainder of this fiscal year for a proposed 12 -inch water main to serve the business establishment in the vicimty of Main Street and US Highway #1 in Sebastian. It should be noted that the annual fees for each FEC right-of-way use will be increased in subsequent years based on the Consumer Price Index or 3% whichever is greater. RECOMMENDATION: Regretfully, Unless the Board of County Commissioners decides otherwise, the Department of Utilities has no recourse but to pay the proposed rate increase imposed by the FEC Railway Company. The staff of the Department of Utility Services recommends Board of County Commissioner approval of the following: a) Authorize the "Addition to the FEC Standard Blanket Agreement" allowing for automatic annual price increase established pursuant to the Consumer Price Index (CPI) or 3% whichever is greater. b) Allow Staff to authorize and if necessary release payment to the FEC Railway Company for the utility pipeline crossing noted in FEC Schedule "A". c) Allow for subsequent Price Increases onfuture FEC utility crossings pursuant to provision I4 and 16 of the "Addition to the FEC Standard Blanket Agreement" as amended herein. d) Authorize the Chairman to execute any necessary documents. LIST OF ATTACHMENTS: Attachment -A Attachment -B Attachment -C Attachment -D FEC Schedule "A" Blanket Utility License. FEC Standard Blanket Agreement Paragraph 14 and 16 provisions (2-onginals) and Indemiufication and Insurance Requirements. Letter of Transmittal from the Dept. of Utilities to FEC dated July 6. 2000 - Request for Clarification of Proposed Blanket Agreement Modification Letter of Transmittal from FEC to the Dept. of Utilities dated July 10, 2000 Justification for the Rate Increase. NOVEMBER 14, 2000 -129- .04 BK 116 PG 141 Utilities Director Don Hubbs stated that staff had attempted to negotiate these agreements to no avail and he was not optimistic that staff would be able to negotiate these terms in the future. ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board, " by a 3-1 vote (Chairman Adams opposed and Commissioner Ginn absent), approved the Addition to the FEC Standard Blanket Agreement allowing for automatic annual price increase established pursuant to the Consumer Price Index (CPI) or 3 %, whichever is greater; allowed staff to authorize and, if necessary, release payment to the FEC Railway Company for the utility pipeline crossing noted in FEC Schedule "A"; allowed for subsequent Price Increases on future FEC utility crossings pursuant to provision 14 and 16 of the Addition to the FEC Standard Blanket Agreement as amended; and authorized the Chairman to execute any necessary documents; all as recommended by staff. ADDITION TO BLANKET AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ENNI 11.11.3. CONVERSION OF UTILITY INFRASTRUCTURE NOVEMBER 14, 2000 -130- BK 116 PG 142 INVENTORY DATABASE FROM HANSEN/ORACLE DATABASE TO MICROSOFT 4CCESS AND CONTINUED TECHNICAL SUPPORT - CAMP, DRESSER, & MCKEE The Board reviewed a Memorandum of October 27, 2000: DATE - TO: FROM: PREPARED AND STAFFED BY SUBJECT: OCTOBER 27th. 2000 JAMES E CHANDLER COUNTY ADMINISTRATOR DONALD R HUBBS. P.E DIRECTOR OF UTILITY S STEVEN J. DOYLE P.E. CAPITAL PROJECTS MANAGER INDIAN RIVER COUNTY UTILITIES CONVERSION OF UTILITY INFRASTKUCTURE INVENTORY DATABASE FROM HANSEN/ORACLE DATABASE TO MICROSOFT ACCESS AND CONTINUED TECHNICAL SUPPORT BACKGROUND & ANALYSIS: On March 7, 2000, Staff presented and the Board of County Commissioners approved the conversion of the GIS computer system from a Unix Based computer software platform to a Windows - NT computer platform. The Utilities Department with the assistance of the County's Coon terthe Services Department completed the transfer and is now presenting the final step for ni computer system Since the conversion to Windows NT has been substantially successful, it is now considered viable to transfer the utility inventory / monitoring database (Hansen/Oracle) fromthe Unixn soft while at the same time eliminating a proprietary maintenance program (Hansen/Oracle) is a utility maintenance program that inventories and monitors utility components, such as valves, fire hydrants, meters, etc., and generates preventative maintenance schedules in the form of work orders. The Hansen/Oracle software can be eliminated and the data transferred to a Microsoft program (MS Access) which has the ability to perform the same functions at a substantially less cost. The annual cost for maintenance of the Hansen/Oracle database software program is $10,800 per year. The Department cancelled the annual maintenance contract when the decision was made to convert to Windows NT =Having evaluated several alternatives, including reentering the data, it was considered less expensive to pay the onetime fee for a professional consultant to convert the database then to pay recurring annual software costs to the Hansen/Oracle licensed software vendor. Convertin g the data to Microsoft Access also allows other Departments. such as EMS to share in the information. The newer MS Access database will be easier to use, modify and extract information then its predecessor (Hansen). The current database is buried throughout the Hansen/Oracle program making data retrieve and conversion difficult. Staff has requested that CDM Inc provide technical experts in retrieving the fire hydrant maintenance & inventory Oracle database located within the Hansen/Oracle environment. NOVEMBER 14, 2000 -131- BKII6PGI143 Camp Dresser & McKee Inc. (CDM Inc.) is the continuing professional consultant involved in the County's water facilities. CDM has the technical expertise to retrieve the data from the Oracle database, convert the database language to Microsoft Access and setup the new database into a user- friendly format CDM Inc. will setup the initial database and train County personnel on its use. CDM will also provide technical assistance to Staff as needed up to a pre -established limit for GIS technical support. Attached is CDM Inc. Work Authorization No. 14 for professional services and technical assistance in converting the County's utility maintenance & inventory database from Hansen/Oracle to Microsoft Access. Other tasks to be performed by CDM under this Work Authorization include KmMap file conversion to GeoDatabase / Shape files. This allows EMS & Utilities to link common databases for plotting specific locations of parcels plats, addresses, and similar geographical attributes. The Work Authorization provides a maximum upset limit of 510,000 based on actual time and expenses incurred. CONCLUSION It is Staff's recommendation that the Board of County Commissioners approve the following items as outlined above and presented below: 1. Approval Camp. Dresser & McKee (CDM) Inc. Work Authorization 14 for professional services in the total amount of S10,000. 2. Authorize the Chairman to execute all necessary documents. ON MOTION by Commissioner Macht, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously approved Camp, Dresser & McKee (CDM), Inc. Work Authorization 14 for professional services in the total amount of $10,000 and authorized the Chairman to execute all necessary documents, as recommended by staff. WORK AUTHORIZATION 1414 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD NOVEMBER 14, 2000 -132- BK 116 PG 144 0 11.11.4. WOODMERE TRADE CENTER (JOHN LLOYD) DEVELOPER'S AGREEMENT AND JERRY SMITH WAREHOUSE DEVELOPER'S AGREEMENT BUDGET ADJUSTMENT, PARTIAL PAYMENT AND RELEASE OF RETAINAGE - COUNTY PROJECTS 794 AND 749 The Board reviewed a Memorandum of November 1, 2000: DATE: NOVEMBER 15T, 2000 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS. P.E. DIRECTOR OF UTILITY SE PREPARED STEVEN J DOYLE P E t.,AND STAFFEDCAPITAL PROJECTS MANAGER BY INDIAN RIVER COUNTY UTILITIES ,l / SUBJECT: WOODMERE TRADE CENTER DEVELOPER'S AGREEMENT & JERRY SMITH WAREHOUSE DEVELOPER'S AGREEMENT BUDGET ADJUSTMENT, PARTIAL PAYMENT & RELEASE OF RETAINAGE INDIAN RIVER COUNTY UTILITY PROJECT NOS. 794 & 749 RESPECTIVELY BACKGROUND & ANALYSIS: On December 7, 1999, the Board of County Commissioners approved a Developer's Agreement with John Lloyd for the Woodmere Trade Center to construct offsite water main and force main along High Street Attachment -A. Construction of the utilities (water & force main) is now complete and the Department of Utility Services have accepted the associated facilities. The Developer is now requesting reimbursement for dedicated utilities in accordance with the developer's agreement. The Woodmere Trade Center Development is located south of the Jerry Smith Warehouse project where each project mcorporated a Developer s Agreement with the County. Each Developer's Agreement compensated each owner for extension of County utilities (water and force main). The approved Developer's Agreement between the County and John Lloyd (owner of the Woodmere Trade Center) included a provision that allowed the Developer to complete the proposed utilities identified in the Jerry Smith Warehouse Project. The Woodmere Development was dependent upon utilities bemg extended by the Jerry Smith Warehouse Development located to the north. The provision in the Developer's Agreement was to ensure that the Woodmere Trade Center Development would not be impacted by failure of the Jerry Smith Warehouse Developer to extend the necessary utilities along their project within the term of the Agreement. Should Jerry Smith delay their construction then the Woodmere Trade Center Development would be unable to complete their project. The construction portion of the Jerry Smith Developer's Agreement had not commenced and had created construction delays for the Woodmere Trade Center Project. Therefore, pursuant to the Developer s Agreement, Staff mstructed the owner of the Woodmere Trade Center to further extend utilities (water and force main) along High Street to the intersection of CR -512. NOVEMBER 14, 2000 -133- BK 116 PG 145 The provision of the Agreement with John Lloyd that allowed for the extension of utilities is presented below. "The Developer is relying upon the construction of a sewer force main along High Street to be installed by others (Smith Warehouse Development, Randy Mosby as Engineer -of -Record). Smith Warehouse is currently under design and construction may not run concurrently with Woodmere Trade Center. Therefore it is agreed that the DEI ELOPER install a 6 -inch sewer force main if the 6 -inch force main is not installed along High Street under the Smith Warehouse Developer's Agreement or its sequel. If the force main proposed by the Smith ff orehouse Developer's Agreement is not constructed, the DEI ELOPER shall furnish and instal/ a 6 -inch PIC force main along the west side of High Street from CR -512 to :nil Street. The Work completed to date under the Jerry Smith Warehouse Developer's Agreement included survey, design. and permitting through FDEP. Construction of utilities had NOT commenced and was delayed. The Work completed under the Woodmere Trade Center Project include the onginal scope -of -work outlined in the Woodmere Trade Center Developer s Agreement PLUS the additional utility work outlined in the Jem• Smith Warehouse Developer's Agreement. The amount of funds expended between both projects remain under budget and all work required by each Agreement has been satisfied. The staff of the Department of Utility Services recommends that the Board of County Commissioners authorize the transfer of remaining funds from the Jerry Smith Warehouse Developer's Agreement to make payment to John Lloyd for the actual work performed under the Woodmere Trade Center Developer's Agreement. The amount of fund to be transferred is presented in the table below The S1,800.00 paid -to -date under the Jerry Smith Warehouse Agreement is for professional services related to the preparation of construction plans and FDEP permitting. FINANCIAL ANALYSIS /REAPPORTIONING: COUNTY'S CONTRIBUTION: DEVELOPER'S CONTRIBUTION: Developer Developer Onginal Developer Agreement — Est. Counts* Share Net Change Increase or Decrease Revised Developer Agreement - Est Coimty Share Woodmere Trade Center (offsite water & sewer) $42.809.68 528.760.00 (Increase) $71,569.68 Jerry Smith Warehouse (offsite water & sewer) (Water) 512.847.00 (Sewer) 517.713.00 -528.760.00 (Decrease) (paid to date) S1.800.00 Total S73.369.68 50.00 Total $73.369.68 DEVELOPER'S CONTRIBUTION: RECOMMENDATION The Staff of the Department of Utility Services recommends that the Board of County Commissioners approval the following: a) Authorize the Department of Utilities to proceed with termination of the Jerry Smith Developer's Agreement and closure of the project. (Note• The 51,800.00 paid to date is consider Final Payment and closes the contract for all work performed to date.) Termination will require written acknowledgement and acceptance by both the COUNTY and the DEVELOPER. NOVEMBER 14, 2000 -134- BK 116 PG 146 Developer Developer Developer's Agreement — Share - Itemized Developer Agreement — Total Developer's Share Woodmen Trade Center (offsite water & sewer) (Water) $2.362.50 (Sewer) $3.311.70 $5.674.20 Jerry Smith Warehouse (offsite water & sewer) (Water) $1.462.50 (Sewer)S4.988.00 56.450.50 Total S12.124.70 RECOMMENDATION The Staff of the Department of Utility Services recommends that the Board of County Commissioners approval the following: a) Authorize the Department of Utilities to proceed with termination of the Jerry Smith Developer's Agreement and closure of the project. (Note• The 51,800.00 paid to date is consider Final Payment and closes the contract for all work performed to date.) Termination will require written acknowledgement and acceptance by both the COUNTY and the DEVELOPER. NOVEMBER 14, 2000 -134- BK 116 PG 146 b) Transfer remaining funds ($28,760.00) from Jerry Smith Warehouse project account to the John Lloyd-Woodmere Trade Center project account. which adjusts the County's estimated contribution from 542,809.68 to a total estimated contribution of 571,569 68 c) Since Woodmere project is nearing completion, allow Staff the ability to authonze the partial and/ or final release of funds (including any retainage held) for the work completed under the proposed Woodmere Trade Center Developer's Agreement modification. d) Authorize the Chairman to execute any necessary documents. LIST OF ATTACHMENTS: Attachment -A Woodmere Trade Center Developer's Agreement approved by the Board of County Commissioners on December 7, 2000. Attachment -B Jerry Smith Developer's Agreement approved by the Board of County Commissioners on September 7, 1999 ACCOUNT INFORMATION: ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Macht, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously approved: a) termination of the Jerry Smith Developer's Agreement and closure of the project, b) transfer of remaining funds ($28,760) to the John Lloyd Woodmere Trade Center project account; c) authorized staff to partially and/or finally release funds (including any retainage held) for the work completed under the proposed Woodmere Trade Center Developer's Agreement Modification; and d) authorized the Chairman to execute any necessary documents; all as recommended in staffs' Memorandum. NOVEMBER 14, 2000 -135- BK 116 PG 147 Account No Account Name Original Amount Est. County Share Revised Amount Est County Share 472-000-169497.00 472-000-169-196.00 Smith Warehouse Force Main Smith Warehouse Water Mam (Sewer) 517,713.00 (Water) 512147.00 $1.800.00 472-000-169428.00 472-000-169429.00 Woodmere Trade Center Force Mam Woodmere Trade Center Water Mam 542.809.68 $73.369.68 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Macht, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously approved: a) termination of the Jerry Smith Developer's Agreement and closure of the project, b) transfer of remaining funds ($28,760) to the John Lloyd Woodmere Trade Center project account; c) authorized staff to partially and/or finally release funds (including any retainage held) for the work completed under the proposed Woodmere Trade Center Developer's Agreement Modification; and d) authorized the Chairman to execute any necessary documents; all as recommended in staffs' Memorandum. NOVEMBER 14, 2000 -135- BK 116 PG 147 13.C.1. COMMISSIONER KENNETH R. MACHT - DISCUSSION ON LAND ACQUISITION Deferred. 13.C.2. COMMISSIONER KENNETH R. MACHT - DISCUSSION ON 2001 UNITED WAY CAMPAIGN KICKOFF The Board reviewed a Memorandum of November 9, 2000: To: Members of the Board of County Commissioners Date: November 9, 2000 From: Kenneth R. Macht Commissioner Subject: UNITED WAY CAMPAIGN KICKOFF Request permission to discuss the Indian River County 2001 United Way Campaign for employees and Commissioners. Commissioner Macht asked for appointment of another commissioner to handle this as his schedule will not allow sufficient time. NOVEMBER 14, 2000 -136- • BK 116 PB 148 ON MOTION by Chairman Adams, SECONDED by Commissioner Macht, the Board, by a 4-0 vote (Commissioner Ginn absent), unanimously appointed Commissioner Tippin as the. contact person for the United Way Campaign Kickoff. 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 14.C. ENVIRONMENTAL CONTROL BOARD None. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:12 p.m. ATTEST: J. K Barton, Clerk Minutes Approved: NOVEMBER 1 06210Ani Fran B Adams, Chairman -137- BK 116 PG 149