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Home My WebLink About12/18/2001MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, DECEMBER 18, 2001 - 9:00 A.M. County Commission Chamber County Administration Building 184-025 1h Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Caroline D. Ginn, Chairman District 5 Ruth M. Stanbridge, Vice Chairman District 2 James E. Chandler, County Administrator Fran B. Adams District 1 Paul G. Bangel, County Attorney Kenneth R. Macht District 3 Kimberly Massung, Executive Aide to BCC John W. Tippin District 4 Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION Rev. Bernie van Eyk Indian River Presbyterian 3, PLEDGE OF ALLEGIANCE Comm. John W. Tippin 4, ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 1. Withdraw Item 9.A.I ., TEFRA Public Hearing Regarding Lindsey Gardens 2. Add Item 13.A.2., Congressional Reapportionment Regarding Congressional District 15, Proposed Removal of Indian River County. f: 5. PROCLAMATION and PRESENTATIONS Presentation of Proclamation Designating January 5, 2002 as Amateur Radio Kids' Day 1 6. APPROVAL OF MINUTES A. Minutes of Regular Meeting of Nov. 13, 2001 B. Minutes of Special Meeting of Nov. 13, 2001 7. CONSENT AGENDA A. Approval of Warrants (memorandum dated December 6, 200 1) 2-13 7. CONSENT AGENDA (cont'd.): BACKUP B. Proclamation Honoring Robert A. Valentine on his PAGES Retirement from Indian River County 14-15 C. Election of Code Enforcement Board Chairman (memorandum dated December 6, 200 1) 16 D. Bid Award: IRC #4031 Annual Bid for Pest Control Services — General Services / Buildings and Grounds (memorandum dated December 7, 2001) 17-32 E. CR 510/512 FM & Reuse Main — Approval of Change Order No. 1 —Bid No. 3063 (memorandum dated November 27, 200 1) 33-44 F. $1 Home Acquired from HUD (memorandum dated December 10, 2001) 45-56 G. County Commission Districts: CAO File No. 100-2 (memorandum dated December 10, 2001) 57-87 H. Easement and Reciprocal Maintenance Agreement - Pointe West (memorandum dated December 6, 200 1) 88-98 I. Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fee, etc.) (memorandum dated December 12, 2001) 99 J. Recently Acquired Property — Tax Cancellation (memorandum dated December 11, 2001) 100-101 K. Request for Floodplain Cut and Fill Balance Waiver for River Island Planned Development (memorandum dated December 5, 2001) 102-104 L. David A. Schutta Request for Release of Easement at 6415 55th Square (High Pines Subdivision) (memorandum dated December 11, 2001) 105-110 M. Sea Oaks Investment, Ltd. Request for Release of a Portion of an Easement at 8910 East Orchid Island Circle (Sea Oaks River Cottages PD) (memorandum dated December 11, 200 1) 111-118 2 8. CONSTITUTIONAL OFFICERS and BACKUP GOVERNMENTAL AGENCIES PAGES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS I . TEFRA (Tax Equity Fiscal Responsibility Act) Lindsey Gardens (memorandum dated December 11, 2001) 119-132 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA EXTENDING FOR AN ADDITIONAL THREE MONTHS A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRE- LESS TELECOMMUNICATIONS TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS COM- MUMCATIONS TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION AND EFFECTIVE DATES Consideration of Three Month Extension of Moratorium on Acceptance of Applications for New Telecommunications Towers (Legislative) (memorandum dated December 10, 2001) 133-144 B. PUBLIC DISCUSSION ITEMS 1. Fred Mensing's Request for "Dialog with the Commission on each point of Item K of Consent Agenda, 11 Dec., 01" (fax received December 10, 2001) 145 2. Request from Brian T. Heady to speak "about saving tax dollars in legal defense and legal settlements and obligation to uphold oaths" (memorandum dated December 12, 2001) 146 C. PUBLIC NOTICE ITEMS Scheduled for Public Hearing January 8, 2002: 1. Tom and Mary Funka request to rezone 17.5 acres located on the north side of 4th Street, approximately one quarter mile west of 58th Avenue (Kings Highway), from A-1, Agri- cultural District (up to 1 unit/5 acres), to RS -3, Single -Family Residential District (up to 3 units/acre) (Quasi -Judicial) b A { IjJ 9. PUBLIC ITEMS (cont' BACKUP C. PUBLIC NOTICE ITEMS (cont'd.)• PAGES 2. Request for authorization to submit an FY 2001/02 Grant Application for 49 USC - Chapter 53, Section 5307 Mass Transit Capital and Operating Assistance. Indian River County, as the designated recipient of federal funds, will apply for Federal Transit Administration (FTA) grant funds. Those k funds will then be passed through to the Indian River County Council on Aging, Inc. (COA) to provide capital and operating funding for the Indian River Transit/Com- munity Coach fixed route bus system. (memorandum dated December 11, 200 1) 147 10, COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development Sean and Baerbel O'Haire's Appeal of a Planning and Zoning Commission Decision to Delay Issuance of a County Building Permit for a Single -Family Dock, Pending a Challenge in Circuit Court on the Location of Riparian Lines (memorandum dated December 12, 2001) 148-176 B. Erneraencv Services 1. Purchase of a Replacement System Manager and Installation for the 800 MHz Radio System on a - Sole Source Basis (memorandum dated December 6, 2001) 177-181 2. Purchase of a One -Year Software License Agree- ment and Installation for the 800 MHz Radio System (memorandum dated December 7, 2001) 182-185 3. Accept an 800 MHz Integrated Multisite Controller and Console Electronics Controller and Fund the Installation (memorandum dated December 9, 200 1) 186-191 C. General Services None 11. DEPARTMENTAL MATTERS (cont'd.): BACKUP D. Leisure Services PAGES None E. Office of Management and Budget None F. Personnel None 4 G. Public Works 1. Right -of -Way Acquisition, 58th Avenue, Phase II (memorandum dated December 6, 2001) 192-197 2. 12`h Street Sidewalk between Old Dixie Highway and Vero Beach Elementary School — Waterford Lakes Subdivision Developer's Agreement (memorandum dated December 10, 200 1) 198-200 3. King's Highway Improvements — Engineering Services — Amendment No. 13 (memorandum dated December 11, 2001) 201-205 4. Concrete Sidewalks at Roseland Road, Fellsmere Road, and Old Winter Beach Road, Change Order No. 1 (memorandum dated December 6, 200 1) 206-208 5. Jungle Trail/Pelican Island Wildlife Refuge Public Improvements — Request for Partial Release of Retainage - (memorandum dated December 7, 2001) 209-211 H. Utilities Forest Lake Subdivision Contract Approval — Bid No. 3082 (memorandum dated October 17, 2001) 212-244 I. Human Services None 12. COUNTY ATTORNEY A. Resolution Authorizing Acquisition of Additional Portion of Legwen Property (memorandum dated December 12, 2001) 245-251 BACKUP 13. COMMISSIONERS ITEMS A. Chairman Caroline D. Ginn PAGES Reconsideration of Kenwood Village pedestrian connection (memorandum dated December 12, 2001) 252-259 Be Vice Chairman Ruth M. Stanbridge Updates C. Commissioner Fran Be Adams D. Commissioner Kenneth R. Macht E. Commissioner John We Tippin Law Enforcement Games (memorandum dated December 11, 200 1) 260 14. SPECIAL DISTRICTS/BOARDS Ae Emergency Services District 1. Approval of Minutes — meeting of May 22, 2001 2. Approve an Amendment to the Biomedical Technical Services Agreement with Medtronic Physio -Control Corporation (memorandum dated December 10, 2001) 261-269 Be Solid Waste Disposal District 1. Approval of Minutes — meeting of Nov. 20, 2001 2. SWDD Site Plan Finalization, Request Authority to Purchase Land (memorandum dated December 5, 2001) 270-280 3. SWDD Site Plan Finalization, Land Purchase Contract and Leaseback Agreement (memorandum dated December 12, 2001) 281-315 4. Extension of Lease Agreement between Perfection Trusses, and IRC Solid Waste Disposal District (memorandum dated December 5, 2001) 316-374 C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of meeting. Indian River County WebSite: http://bccl.co.indian-river.fl.us Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library, and North County Library Meeting may be broadcast live on AT & T Cable Channel 13 — rebroadcast continuously Thursday 1: 00 p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. Meeting broadcast same as above on AT & T Broadband, Channel 27 in Sebastian. INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS DECEMBER 18, 2001 1. CALL TO ORDER .................. I ............ 0 ........ 0 ...... -1- 2. INVOCATION .................................................. -1- 3. PLEDGE OF ALLEGIANCE ...................................... -2- 4. ADDITIONS TO THE AGENDA ................................... -2- 5. PROCLAMATIONS AND PRESENTATIONS ........................ -2- Proclamation Designating January 5, 2002 as Amateur Radio Kids' Day -2- 6.A. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 13, 2001.......................................................... -4- 6.13. APPROVAL OF MINUTES - SPECIAL MEETING OF NOVEMBER 13, 2001 .....................................0...........0............ -4- DECEMBER 18, 2001 -1- ;J 7. CONSENT AGENDA ... 1. 0 ............... 0 0 ... 0 . 1 ............... -4- 7.A. List of Warrants ............................................ -5- 7.13. Proclamation Honoring Robert A. Valentine on His Retirement from Indian River County Emergency Services Department .................. -14- 7.C. Code Enforcement Board - Election of David Haesleler as Chairman and John Owens as Vice Chairman -15- 7.D. Bid 44031 - Annual Bid for Pest Control - General Services/Buildings and Grounds - Tropic Pest Control ......... 0 ....... 0 0 ........ 0... -16- 7.E. CR-510/CR-512 Force Main and Reuse Main - Change Order #I - Bid #3063 - Felix Equities - Masteller & Moler ..................... -17- 7.F. Resolution 2001-123 Canceling Certain Taxes Upon Publicly Owned Lands and Resolution 2001-124 Authorizing the Sale of Lot 18, Block 2, Dixie Gardens Unit 4 to Indian River Homeless Services Council, Inc. a Florida NonProfit Corporation ............................... -19- 7.G. Redistricting - Amendment of October 23, 2001 Minutes to Add Legal Descriptions - CAO File No. 100-2 -28- 7.H. Pointe West - The Links - Easement and Reciprocal Maintenance Agreement - Stormwater Management ......................... -29- 7.I. Interest Rate on County Financing (Petition Paving, Utility Assessment Projects, Utilities Impact Fees, Etc.) - 4.75% - Calendar Year 2002 .. -31- DECEMBER 18, 2001 FIs a :a' 1 � L: -2- 7.J. Resolutions 2001-125, 126, 1271 128, 1291 130 and 131 Canceling Taxes Upon Publicly Owned Lands - (Rights -of -Way - Parks - 77`" Street; Feldman - 58" Avenue; Feldman - 58`" Avenue; Miami Gardens - Vero Lake Estates; Miami Gardens - Vero Lake Estates; Ansin Trustee - Vero Lake Estates; and Suntree Partners - 5" Street SW) ............... -32- 7.K. Indian River Investment Properties (Mosby & Associates) - Floodplain Cut and Fill Balance Waiver for River Island Planned Development ..... -55- 7.L. Resolution 2001-132 Releasing An Easement on Lot 32 of High Pines Subdivision (David A. Schutta - 6415 55" Square) ............... -57- 7.M. Resolution 2001-133 Releasing a Portion of an Easement on Lot 15 of Sea Oaks River Cottages Planned Development (Sea Oaks Investment, Ltd. - 8910 East Orchid Island Circle) .............................. -60- 9.A.1. PUBLIC HEARING TEFRA - (TAX EQUITY FISCAL RESPONSIBILITY ACT) - LINDSEY GARDENS .................................... -63- 9.A.2. PUBLIC HEARING - ORDINANCE 2001-037 EXTENDING FOR AN ADDITIONAL THREE MONTHS A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATIONS TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS TOWERS (Legislative) .................. -63- DECEMBER 18, 2001 , -3- 9.13. 1. PUBLIC DISCUSSION ITEMS - FRED MENSING - REQUEST FOR "DIALOGUE WITH THE COMMISSION ON EACH POINT OF ITEM K OF CONSENT AGENDA, 11 DEC. 01 "................................ -68- 9.13.2. PUBLIC DISCUSSION ITEMS - BRIAN T. HEADY - REQUEST TO SPEAK "ABOUT SAVING TAX DOLLARS IN LEGAL DEFENSE AND LEGAL SETTLEMENTS AND OBLIGATION TO UPHOLD OATHS" ......... -70- 9.C. PUBLIC NOTICE ITEMS - SCHEDULED FOR PUBLIC HEARING JANUARY 8, 2002 ..... ................................. I...... .72- 1) Tom and Mary Funka Request to Rezone 17.5 Acres Located on the North Side of 4`h Street, Approximately One -Quarter Mile West of 58`x' Avenue (Kings Highway) from A -I to RS -3 (Quasi -Judicial) .............. -72- 2) Request for Authorization to Submit a FY 2001-02 Grant Application for 49 USC Chapter 53, Section 5307 Mass Transit Capital and Operating Assistance by Indian River County for Federal Transit Administration Grant Funds to be Passed Through to the Indian River County Council on Aging, Inc. to Provide Capital and Operating Funding for the Indian River County Transit/Community Coach Fixed Route Bus System ........ -72- I I.A. SEAN AND BAERBEL O'HAIRE - APPEAL OF PLANNING AND ZONING COMMISSION DECISION TO DELAY ISSUANCE OF COUNTY BUILDING PERMIT FOR A SINGLE-FAMILY DOCK PENDING A CHALLENGE IN CIRCUIT COURT ON THE LOCATION OF RIPARIAN LINES ........ -74- DECEMBER 18, 2001 -4- 1 I.B.1. EDACS (ENHANCED DIGITAL ACCESS COMMUNICATIONS SYSTEM) - PURCHASE OF REPLACEMENT SYSTEM MANAGER AND INSTALLATION FOR THE 800 MHZ RADIO SYSTEM ON A SOLE -SOURCE BASIS - M/A COM (FORMERLY ERICSSON RADIO) - COMMUNICATIONS INTERNATIONAL ................... -84- I I.B.2. EDACS (ENHANCED DIGITAL ACCESS COMMUNICATIONS SYSTEM) - PURCHASE OF ONE-YEAR SOFTWARE LICENSE AGREEMENT AND INSTALLATION FOR THE 800 MHZ RADIO SYSTEM - COMMUNICATIONS INTERNATIONAL I .......... -87- I I.B.3. M/A COM (FORMERLY ERICSSON RADIO) - ACCEPT AN 800 MHZ INTEGRATED MULTISITE CONTROLLER AND CONSOLE ELECTRONICS CONTROLLER AND FUND THE INSTALLATION ..................0..........0.... -89- I I.G.I. LAUREL BUILDERS, INC. - RIGHT-OF-WAY ACQUISITION - 58TH AVENUE (KINGS HIGHWAY) PHASE II .................... -92- 11.G.2. 12TH STREET SIDEWALK BETWEEN OLD DIXIE HIGHWAY AND VERO BEACH ELEMENTARY SCHOOL - WATERFORD LAKES SUBDIVISION DEVELOPER'S AGREEMENT ................ -93- DECEMBER 18, 2001 -5- I I .G.3. KINGS HIGHWAY IMPROVEMENTS - ENGINEERING SERVICES - 1. AMENDMENT # 13 - KIMLEY-HORN, INC . .................. -95- 1 I.G.4. CONCRETE SIDEWALKS AT ROSELAND ROAD, FELLSMERE ROAD, AND OLD WINTER BEACH ROAD - CHANGE ORDER #I - TIM ROSE CONTRACTING ............................... -96- I I.G.5. JUNGLE TRAIL/PELICAN ISLAND WILDLIFE REFUGE PUBLIC IMPROVEMENTS - REQUEST FOR PARTIAL RELEASE OF RETAINAGE - BRAD SMITH ASSOCIATES -98- I I.H. BID #3082 - FOREST LAKE SUBDIVISION - TREASURE COAST CONTRACTING ................ I ............ I.......... -100- 12. RESOLUTION 2001-134 DECLARING THE ACQUISITION FOR ADDITIONAL ROAD RIGHT-OF-WAY ON THE WEST SIDE OF 58TH AVENUE (KINGS HIGHWAY) AND ON THE NORTH SIDE OF 5TH STREET SW, COUNTY PROJECT NO. 8823, INDIAN RIVER COUNTY, FLORIDA TO BE A PUBLIC PURPOSE AND A PUBLIC NECESSITY; AND AUTHORIZING THE ACQUISITION OF SAID PARCEL BY DONATION, PURCHASE, OR EMINENT DOMAIN (LEGWEN) ............. I.. I .... I DECEMBER 18, 2001 -6- ......... - 1 0 1 - 13.A.1 13.A.2 13.13. 13.E 14.A 14.0 CHAIRMAN CAROLINE D. GINN - RECONSIDERATION OF KENWOOD VILLAGE PEDESTRIAN SIDEWALK CONNECTION - CORAL WIND AND WALKING HORSE HAMMOCK ........ -109- CHAIRMAN CAROLINE D. GINN - CONGRESSIONAL REAPPORTIONMENT REGARDING CONGRESSIONAL DISTRICT 15, PROPOSED REMOVAL OF INDIAN RIVER COUNTY -110- VICE CHAIRMAN RUhH M. STANBRIDGE - UPDATES ..... -112- COMMISSIONER JOHN W. TIPPIN - 2003-04 FLORIDA LAW ENFORCEMENT GAMES - INDIAN RIVER, ST. LUCIE AND MARTIN COUNTIES - CO-SPONSORSHIP - DONATION OF $15,000 ..................................1.................... -112- EMERGENCY SERVICES DISTRICT ....................... -114- SOLID WASTE DISPOSAL DISTRICT .. I.. I ...... I ......... -114- ENVIRONMENTAL CONTROL BOARD .................... -114- DECEMBER 18, 2001 -7- m ,�...,,„,--..�.-. .... .,+m.+.-ar+f+m..-+.-°. -nma�^.A..p.,axr•,. .a k December 18, 2001 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25" Street, Vero Beach, Florida, on Tuesday, December 18, 2001, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Ruth M. Stanbridge, Vice Chairman; Fran B. Adams; Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; Paul G. Bangel, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Reverend Bernie Van Eyk of Indian River Presbyterian Church delivered the Invocation. DECEMBER 18, 2001 -I- December 18, 2001 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25" Street, Vero Beach, Florida, on Tuesday, December 18, 2001, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Ruth M. Stanbridge, Vice Chairman; Fran B. Adams; Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; Paul G. Bangel, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Reverend Bernie Van Eyk of Indian River Presbyterian Church delivered the Invocation. DECEMBER 18, 2001 -I- 3. PLEDGE OF ALLEGIANCE Commissioner Tippin led the Pledge of Allegiance to the Flag 4. ADDITIONS TO THE AGENDA Chairman Ginn requested 2 changes to today's Agenda: 1. Withdraw Item 9.A.1., TEFRA Public Hearing Regarding Lindsey Gardens. 2. Add Item 13.A.2., Congressional Reapportionment Regarding Congressional District 15, Proposed Removal of Indian River County. ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS PROCLAMATIONDESIGNATING JANUARYS 2002 AS AMATEUR RADIO KIDS' DA Y The Chairman presented the following Proclamation to Chris Meyers, Emergency Coordinator of the Amateur Radio Service: DECEMBER 18, 2001 -2- DESIGNATING JANUARY 5, 2002 AS AMATEUR RADIO KIDS' DAY WHEREAS, Indian River County has more than 350 licensed Amateur Radio operators who have demonstrated their value in public assistance by providing emergency radio communications; and WHEREAS, these Amateur Radio operators donate their services free of charge, in the interest of the citizens of the County as well as the world; and WHEREAS, these Amateur Radio operators are on alert for any emergency, local or worldwide, and regularly practice their communication skills: and WHEREAS, these Amateur Radio operators share their skills by teaching others and demonstrating their unique communication skills to the public on Amateur Radio Kids' Day; and WHEREAS, Amateur Radio Kids' Day will take place on January 5, 2002, and members of the Vero Beach Amateur Radio Club will be providing opportunities to experience Amateur Radio communications for the young people of our County on that day. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that January 5, 2002, be designated as AMATEUR RADIO KIDS' DAY Adopted this 18th day of December, 2001. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 7�CLtz�,�• ,,.. , � (�i��scJ Caroline D. Ginn, Chairma Mr. Meyers invited everyone to the festivities to be held at Royal Palm Pointe on Saturday, December 22, 2001. DECEMBER 18, 2001 -3- bI% 1 2 j Ft, 13 6 t, A. APPROVAL OF MINUTES - REGULAR MEETING NOVEMBER 13, 2001 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of November 13, 2001. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously approved the Minutes of the Regular Meeting of November 13, 2 00 1, as written. APPROVAL OF MINUTES - SPECIAL MEE NOVEMBER 13, 2001 The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of November 13, 2001. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously approved the Minutes of the Special Meeting of November 13, 2001, as written. 7. CONSENT AGENDA DECEMBER 18, 2001 -4- c- f .r 0 MR 7.A. LIST OF WARRANTS The Board reviewed a Memorandum of December 6, 2001: TO: HONORABLE BOARD OF COUNTY COMiMISSIONERS DATE: December 6, 2001 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 November 29, 2001 to December 6, 2001. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for November 29, 2001 through December 6, 2001, as recommended by staff. DECEMBER 18, 2001 -5- DECEMBER 18, 2001 -6- on VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0021485 0021486 0021487 THE GUARDIAN FELIX EQUITIES, INC HUSAINY, TAHER M D 2001-11-29 2001-11-30 2001-12-03 9,747.50 312,595.92 200.00 0021488 HUSAINY, TAHER M D 2001-12-03 225.00 0021489 0021503 0021504 SOVINE, RITA AMERICAN FAMILY LIFE ASSURANCE ERSKINE & FLEISHER 2001-12-04 2001-12-05 2001-12-05 490.00 162.86 11664.30 0021505 AMERICAN DENTAL PLAN (FLORIDA) 2001-12-05 945.12 0289773 SANDERFORD, STEPHEN M 2000-09-21 .00 0307283 XEROX CORPORATION 2001-08-02 .00 0311932 MARRIOTT FT LAUDERDALE NORTH 2001-10-25 .00 0312098 MORSE, JOHN E 2001-10-25 .00 0312323 EWING, MARSHA 2001-10-31 .00 0312341 FAQS PRESS 2001-10-31 .00 0312351 HOLIDAY INN SELECT 2001-10-31 CO 0312363 0312426 0313246 0313958 INDIAN RIVER COUNTY RAMADA INN NORTH BLACKBURN, THOMAS AMAZON.COM CREDIT 2001-10-31 2001-10-31 2001-11-15 2001-12-06 583.54 .00 .00 .00 0313959 ACTION TRANSMISSION AND 2001-12-06 681.35 0313960 0313961 0313962 AERO PRODUCTS CORPORATION AIRBORNE EXPRESS ALPHA ACE HARDWARE 2001-12-06 2001-12-06 2001-12-06 1,414.30 30.80 21.60 0313963 APPLE INDUSTRIAL SUPPLY CO 2001-12-06 21604.58 0313964 APPLE MACHINE & SUPPLY CO 2001-12-06 170.20 0313965 0313966 0313967 0313968 0313969 0313970 0313971 0313972 0313973 AUTO SUPPLY CO OF VERO BEACH, ABS PUMPS, INC A T & T WIRELESS SERVICES APPLE BOOKS AMERICAN LIBRARY ASSOC AUTO PARTS OF VERO, INC A T & T AIR COMPRESSOR WORKS INC ANCOR CORF INC. 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 11358.37 35,916.00 87.08 11096.30 63.00 276.61 183.22 4,698.00 466.00 0313974 0313975 0313976 AMERITREND HOMES ALL COUNTY MOWER & EQUIPMENT ALLEN, NORTON & BLUE 2001-12-06 2001-12-06 2001-12-06 500.00 121.05 62.00 0313977 0313978 0313979 0313980 0313981 0313982 0313983 0313984 0313985 AIKEN-BARNWELL GENEALOGICAL APA -FLORIDA CHAPTER AT & T MEDIA SERVICES BAY STREET PHARMACY BEATTY RENTALS, INC BILL BRYANT & ASSOCIATES, INC BARTON, JEFFREY K -CLERK BARTHOLOMEW, BLAKE BAKER & TAYLOR INC 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 150.00 45.00 1,275.00 76.39 210.00 161,689.14 5,337.75 163.00 2,289.19 0313986 0313987 0313988 0313989 0313990 0313991 0313992 0313993 0313994 0313995 0313996 0313997 0313998 0313999 0314000 BRODART CO BREVARD ORTHOPAEDIC CLINIC BLAKESLEE MAINTENANCE BOOKS ON TAPE INC BAKER & TAYLOR ENTERTAINMENT BELLSOUTH BEAZER HOMES, INC BRADFORD, MADGE A BAKER & TAYLOR INC HMG BAKER, PAMELA A BLACKMON, SHANITA BOOK 4 GOLF.COM BLUE SHIELD OF GEORGIA BELLSOUTH 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 6,229.77 156.55 200.00 231.98 21.52 5,331.17 500.00 241.50 11504.80 40.29 450.00 56.65 21139.00 280.00 478.25 DECEMBER 18, 2001 -6- on VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID 0314001 BUILDING TRADES EDUCATION 0314002 CAMERON & BARKLEY COMPANY 0314003 115.26 CARTER ASSOCIATES, INC 0314004 CENTRAL WINDOW OF 0314005 CLEMENTS PEST CONTROL 0314006 5.51 COASTAL GRAPHICS 0314007 COMMUNICATIONS INT'L INC 0314008 CHAMBER OF COMMERCE 0314009 719.56 COALITION FOR THE HOMELESS 0314010 CHIVERS NORTH AMERICA 0314011 CHILBERG CONSTRUCTION CO. 0314012 397.85 CRITIC'S CHOICE VIDEO 0314013 CORPORATION OF THE PRESIDENT 0314014 CRIMES COMPENSATION TRUST 0314015 192.50 CENTER FOR EMOTIONAL AND 0314016 COOL, KIMBERLY 0314017 CHAIREZ, JUANA 0314018 150.00 CHOU CHOU PRESS 0314019 DAILY COURIER SERVICE 0314020 DATA SUPPLIES, INC 0314021 DELTA SUPPLY CO 0314022 DEMCO INC 0314023 DICKERSON-FLORIDA, INC 0314024 DIRECTOR, KENNETH L MD PA 0314025 DON SMITH'S PAINT STORE, INC 0314026 DOW, HOWELL, GILMORE, 0314027 20.00 DATA SUPPLIES, INC 0314028 FLORIDA DEPARTMENT OF 0314029 DAVIDSON TITLES, INC 0314030 25.00 DEAF SERVICE CENTER OF THE 0314031 DURHAM, KENNETH A 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 228.70 520.02 26,225.00 386.00 43.00 465.15 1,300.50 41,701.47 4,498.89 98.82 129,292.00 21.83 42.25 1,853.99 484.50 122.00 990.11 93.23 1,106.50 465.54 249.54 197.02 1,265.50 308.00 134.88 3,403.12 1,944.72 500.00 1,075.77 625.00 14,997.00 0314032 DIRECTORY DISTRIBUTING ASSOC 2001-12-06 115.26 0314033 0314034 DESHAZO, RANDAL EBSCO SUBSCRIPTION SERVICES 2001-12-06 2001-12-06 11327.96 5.51 0314035 0314036 ELPEX, INC ECOLOGICAL ASSOCIATES INC 2001-12-06 2001-12-06 3,096.31 719.56 0314037 EVERGLADES FARM 2001-12-06 397.85 0314038 FATHER & SON APPLIANCE CO 2001-12-06 192.50 0314039 FLORIDA ASSOCIATION OF 2001-12-06 150.00 0314040 FLORIDA EAST COAST 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0314063 0314064 FALCON ASSOCIATES, INC GALE GROUP, THE GAYLORD BROTHERS, INC 2001-12-06 2001-12-06 2001-12-06 11999.62 11823.94 90.00 DECEMBER 18, 2001 -%- 0314065 GENE'S AUTO GLASS 2001-12-06 283.60 0314066 GLIDDEN COMPANY, THE 2001-12-06 47.97 0314067 GOODKNIGHT LAWN EQUIPMENT, INC 2001-12-06 131.75 0314068 GOULD, COOKSEY,FENNELL,O'NEILL 2001-12-06 7,500.00 0314069 GRAYBAR ELECTRIC CO INC 2001-12-06 149.55 0314070 GOODYEAR AUTO SERVICE CENTER 2001-12-06 12.75 0314071 0314072 GEIGER BROS GREAT OUTDOORS PUBLISHING CO 2001-12-06 2001-12-06 649.25 5.96 0314073 GORHAM, JONATHAN 2001-12-06 61.91 0314074 GENTGEN, JOAN O 2001-12-06 116.25 0314075 HARRISON COMPANY, THE 2001-12-06 178.65 0314076 HILL DONNELLY CORPORATION 2001-12-06 110.23 0314077 HUNTER AUTO SUPPLIES 2001-12-06 1,093.48 0314078 HELD, PATRICIA BARGO 2001-12-06 322.00 0314079 HACH COMPANY 2001-12-06 192.50 0314080 H C WARNER, INC 2001-12-06 8,270.88 0314081 HEALTHSOUTH TREASURE COAST 2001-12-06 4,084.62 0314082 HOMETOWN PET CARE 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INC. 2001-12-06 784.00 0314114 KRAVITZ, CAROLYN LCSW CAP 2001-12-06 15.00 0314115 LONG, JAMES T ESQUIRE 2001-12-06 6,600.00 0314116 LOWE'S COMPANIES, INC. 2001-12-06 849.09 0314117 L B SMITH, INC 2001-12-06 587.11 0314118 LFI VERO BEACH, INC 2001-12-06 5,619.69 0314119 LESCO, INC 2001-12-06 810.98 0314120 LANGDON & LANGDON 2001-12-06 25.00 0314121 LOWE'S COMPANIES,INC 2001-12-06 398.28 0314122 LANDSCAPE CONNECTION 2001-12-06 20.00 0314123 LUNA, JUVENAL 2001-12-06 217.00 DECEMBER 18, 2001 -8- n t�� r b -1 i' <r 0314124 LEGENDARY CONSTRUCTION 2001-12-06 500.00 0314125 LEBEAU, GERALD 2001-12-06 63.00 0314126 LIVINGS, W MIKE 2001-12-06 108.15 0314127 LOWTHER CREMATION SERVICES INC 2001-12-06 300.00 0314128 MACMILLAN OIL COMPANY 2001-12-06 93.66 0314129 MARSHALL CAVENDISH CORP 2001-12-06 1,747.46 0314130 MAXWELL PLUMBING, INC 2001-12-06 150.00 0314131 MICROFORMS MANAGEMENT CORP 2001-12-06 621.20 0314132 MIKES GARAGE 2001-12-06 120.00 0314133 MUMFORD LIBRARY HOOKS, INC 2001-12-06 3,234.57 0314134 MARQUIS WHO'S WHO 2001-12-06 333.69 0314135 MAC PAPERS, INC 2001-12-06 69.20 0314136 MEDICAL RECORD SERVICES, INC 2001-12-06 34.74 0314137 MCMASTER-CARR SUPPLY COMPANY 2001-12-06 62.58 0314138 MATTINGLY, JOSEPH B 2001-12-06 86.25 0314139 MIDWEST TAPE EXCHANGE 2001-12-06 282.78 0314140 MR BOB PORTABLE TOILET RENTAL 2001-12-06 366.00 0314141 MARC INDUSTRIES 2001-12-06 471.08 0314142 MAX DAVIS ASSOCIATES INC 2001-12-06 191.01 0314143 MILL -IT CORPORATION 2001-12-06 21500.00 0314144 MEDICAL SERVICES COMPANY, INC 2001-12-06 72.00 0314145 MODERN ROOFING SYSTEMS 2001-12-06 21665.00 0314146 MALLAMS, JOHN H, PHD 2001-12-06 80.75 0314147 MUNNINGS, WANDA 2001-12-06 82.50 0314148 MILKWEED EDITIONS 2001-12-06 425.90 0314149 MASSACHUSETTS SOCIETY 2001-12-06 24.90 0314150 MARSDEN, JOSEPH 2001-12-06 157.68 0314151 MANPOWER 2001-12-06 561.10 0314152 MARESCA, ROBIN D LMHC LMFT 2001-12-06 90.00 0314153 MURRAY, J W JACK JR CFE CLI 2001-12-06 2,596.76 0314154 NATIONWIDE ADVERTISING 2001-12-06 11699.80 0314155 NATIONAL REGISTER PUBLISHING 2001-12-06 286.20 0314156 NATIONAL REGISTER PUBLISHING 2001-12-06 11353.43 0314157 NATIONAL WEATHER ASSOCIATION 2001-12-06 28.00 0314158 NORTHERN SAFETY COMPANY 2001-12-06 80.46 0314159 NORTHSIDE AGAPE MINISTRIES 2001-12-06 71378.18 0314160 NEAL, REGINA 2001-12-06 532.50 0314161 NATIONAL PUBLIC EMPLOYER LABOR 2001-12-06 150.00 0314162 OFFICE PRODUCTS & SERVICE 2001-12-06 1,499.87 0314163 OFFICE DEPOT, INC 2001-12-06 689.52 0314164 OSCEOLA PHARMACY 2001-12-06 503.60 0314165 OAKS OF VERO INC, THE 2001-12-06 15,965.84 0314166 OLSON, ERIK 2001-12-06 90.37 0314167 PARKS RENTAL INC 2001-12-06 121.50 0314168 PETERSON'S 2001-12-06 219.47 0314169 POSITIVE PROMOTIONS 2001-12-06 464.75 0314170 PETTY CASH 2001-12-06 16.25 0314171 PROFESSIONAL TITLE OF INDIAN 2001-12-06 108.24 0314172 PUBLIX PHARMACY STORE #0772 2001-12-06 5.00 0314173 POSTMASTER 2001-12-06 136.00 0314174 PAGE, LIVINGSTON 2001-12-06 180.00 0314175 PRESS JOURNAL 2001-12-06 128.00 0314176 PROFESSIONAL CASE MANAGEMENT 2001-12-06 220.75 0314177 PUBLIX PHARMACY #0385 2001-12-06 20.90 0314178 PUBLIX PHARMACY #0642 2001-12-06 27.93 0314179 PHELPS, PAMELA G 2001-12-06 52.50 0314180 PUBLIX PHARMACY 2001-12-06 166.75 0314181 PING, INC 2001-12-06 447.86 0314182 PHILOSOPHY DOCUMENTATION CENTR 2001-12-06 4.00 0314183 POINTE WEST LTD 2001-12-06 47,013.17 0314184 PICKERING, REBECCA LMT 2001-12-06 128.00 0314185 PER -SE TECHNOLOGIES-PHYS SVCS 2001-12-06 16,750.42 0314186 PARALEE COMPANY INC 2001-12-06 375.00 0314187 PDR/RED BOOK 2001-12-06 69.95 DECEMBER 18, 2001 -9- 0314188 0314189 0314190 0314191 0314192 0314193 0314194 PALATINES TO AMERICA PELLIEN RESEARCH PERRY HARDEE REPAIR PREFERRED GOVERNMENTAL CLAIM QUALITY BOOKS, INC PARKS AND SONS INC RINGHAVER EQUIPMENT CO 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 49.00 380.00 490.00 2,325.00 893.17 4,956.14 393.84 0314195 RINKER MATERIALS 2001-12-06 179.69 0314196 0314197 0314198 0314199 0314200 0314201 0314202 0314203 0314204 0314205 RUSSELL CONCRETE, INC RADIOLOGY IMAGING ASSOCIATES RIORDAN, MICHAEL C PSY.D. RECORDED BOOKS, LLC R & G SOD FARMS RELIABLE TRANSMISSION SERVICE RELIABLE POLY JOHN SERVICES RIVER PARK PLACE REGIONS INTERSTATE BILLING ROYAL, THOMAS 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 11528.92 10.00 1,275.00 1,044.40 65.00 6,610.04 118.68 287.00 39.09 206.48 0314206 ROGER DEAN CHEVROLET 2001-12-06 3.02 0314207 0314208 0314209 0314210 0314211 SAFETY KLEEN CORP SCHOPP, BARBARA G SECURITY TITLE OF INDIAN SEWELL HARDWARE CO, INC REXEL SOUTHERN ELECTRIC SUPPLY 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 118.50 108.50 81740.72 200.07 40.72 0314212 0314213 0314214 0314215 STANDARD & POOR'S STURGIS LUMBER & PLYWOOD CO SUNRISE FORD TRACTOR & SUNSHINE PHYSICAL THERAPY 2001-12-06 2001-12-06 2001-12-06 2001-12-06 11086.42 14.54 98.10 75.00 0314216 0314217 0314218 0314219 0314220 0314221 0314222 0314223 0314224 0314225 0314226 0314227 0314228 0314229 0314230 0314231 0314232 SUBWAY STAMP SHOP INC SAFETY EQUIPMENT COMPANY SEXTON, HILDY SUN BELT MEDICAL SUPPLY, INC SOLINET SMITH BROS CONT EQUIP SMITH, GARY SAFECO, INC SIGNAL GROUP, INC SEBASTIAN, CITY OF SUNSHINE REHABILITATION CENTER SCHNEIDER, LOUIS SANDY PINES SOUTHEAST LIBRARY BINDERY,INC SUN AVIATION, INC SOUTHERN/ALARM PARTNERS SAFETY PRODUCTS INC 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 35.20 175.60 80.00 262.80 357.31 52.23 150.00 150.00 61000.00 8,040.97 11667.00 25.00 404.00 719.91 600.00 1,563.00 536.62 0314233 0314234 0314235 0314236 0314237 0314238 0314239 0314240 0314241 STAGE & SCREEN SOUTHERN COMPUTER SUPPLIES INC SOUTHERN EMBROIDERY WORKS SEBASTIAN POLICE DEPARTMENT SUNCOAST COUNSELING & SEBASTIAN OFFICE SUPPLY SHOWPLACE SIGNATURE HOMES SUNTREE PARTNERS, THE STERICYCLE INC 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 50.38 411.C4 153.70 75.00 2,375.00 4.99 500.00 122,888.25 144.35 0314242 0314243 0314244 0314245 0314246 0314247 0314248 0314249 0314250 SEYMOUR, LINDA SULLIVAN, MILDRED T SUNNYTECH INC- FL STEPHENS, LARRY SAMPLE, PAULA SMART APPLE MEDIA STONEY WAY LTD.,LLC SLP INVESTMENTS INC/PERKINS TITLEIST 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 2001-12-06 122.50 102,759.91 11578.23 168.00 3,222.00 1,259.39 98.50 23.00 120.60 0314251 0314252 TREASURE COAST REFUSE CORP TRUGREEN CHEMLAWN 2001-12-06 2001-12-06 331.05 35.00 DECEMBER 18, 2001 10- ou ;) n -pi - 0314253 SMITH, TERRY L 2001-12-06 93.21 0314254 T A P SOD 2001-12-06 41894.73 0314255 SCRIPPS TREASURE COAST 2001-12-06 614.24 0314256 THORNTON, DANIEL L & CAROLYN C 2001-12-06 200.00 0314257 TARGET STORES COMMERCIAL 2001-12-06 175.37 0314258 T K SMITH CONTRACTING 2001-12-06 21500.00 0314259 THORRY,ANDREW 2001-12-06 195.00 0314260 TESTAMERICA INC 2001-12-06 16.00 0314261 UNIVERSAL SIGNS & ACCESSORIES 2001-12-06 31062.00 0314262 ULVERSCROFT LARCe PRINT 2001-12-06 742.03 0314263 U S DEPARTMENT C." 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RN 2001-12-06 88.00 0314287 WALGREENS PHARMACY 2001-12-06 651.33 0314288 WEST GROUP PAYMENT CTR 2001-12-06 4,310.75 0314289 WHEELED COACH INDUSTRIES INC 2001-12-06 861.91 0314290 WALGREEN COMPANY 2001-12-06 41.17 0314291 WOLF'S HEAD BOOKS, INC, ABAA 2001-12-06 49.50 0314292 W W GRAINGER INC 2001-12-06 586.36 0314293 WALKER, KEITH 2001-12-06 45.00 0314294 WODTKE, RUSSELL 2001-12-06 90.48 0314295 WASHBURN, DANIEL JOE JR 2001-12-06 77.25 0314296 WORKFORCE DEVELOPMENT BOARD 2001-12-06 15.00 0314297 WEEMS, YVETTE 2001-12-06 280.00 0314298 XEROX CORPORATION 2001-12-06 359.19 0314299 BROOKS, MICHAEL 2001-12-06 50.47 0314300 ZORC, RICHARD 2001-12-06 76.03 0314301 HIPE, PHILIP J 2001-12-06 39.30 0314302 LARGENT, DAVID AND 2001-12-06 25.00 0314303 SCHLITT, CHRISTOPHER P 2001-12-06 43.20 0314304 MOORE, BETTY ARTHUR 2001-12-06 27.31 0314305 HOLIDAY BUILDERS 2001-12-06 53.70 0314306 THOMAS, ZERIA 2001-12-06 49.04 0314307 STALVEY, NELLIE 2001-12-06 11.34 0314308 TOZZOLO BROTHERS CONST CO INC 2001-12-06 42.93 0314309 DI ROCCO CONSTRUCTION 2001-12-06 71.21 0314310 SNYDER, ROBERT AND 2001-12-06 45.51 0314311 HICKS, RODNEY C AND 2001-12-06 28.61 0314312 ZOLTNER, THOMAS 2001-12-06 54.66 0314313 SCHRAW, STEVE 2001-12-06 32.12 0314314 CURRY, ETHEL 2001-12-06 20.25 0314315 RUPPERT, DAVID P 2001-12-06 41.24 0314316 BURELLE, MICHAEL W 2001-12-06 38.82 DECEMBER 18, 2001 -11- 1'1 ILI 72 1'1 ILI 72 0314317 KUDUK, MARION AND 2001-12-06 39.22 0314318 PASSAGE ISLAND HOMES INC 2001-12-06 57.86 0314319 WARE, KATHY 2001-12-06 15.31 0314320 WASHBURN, DAVID C 2001-12-06 26.47 0314321 SABELLA, ANN 2001-12-06 7.72 0314322 DELTA PETROLEUM & INDUSTRIAL 2001-12-06 335.68 0314323 VALDES, PATRICIA A 2001-12-06 52.46 0314324 MARCIL, JOSEPH E 2001-12-06 25.47 0314325 GAMBON, JOSEPH 2001-12-06 33.00 0314326 BOYD, SHARON 2001-12-06 59.25 0314327 OFFILL, PAUL P 2001-12-06 55.35 0314328 KENNEY, SCOTT 2001-12-06 25.87 0314329 BARDWELL, PAUL 2001-12-06 18.09 0314330 NORTHROP, GLORIA 2001-12-06 12.12 0314331 HENSLEY, TIM F 2001-12-06 45.74 0314332 ORR, JOHN 2001-12-06 29.58 0314333 MORTON, CHANTAL 2001-12-06 28.12 0314334 MGB CONSTRUCTION 2001-12-06 117.21 0314335 HOLIDAY BUILDERS 2001-12-06 235.23 0314336 PASSAGE ISLAND HOMES 2001-12-06 59.38 0314337 FAIRWAYS 2001-12-06 67.21 0314338 ARSENAULT, JOHN 2001-12-06 7.03 0314339 PIGNETTI, E J 2001-12-06 65.43 0314340 BURKE, EMILY 2001-12-06 31.78 0314341 COOK, CARMEN 2001-12-06 27.32 0314342 JONES, MELANIE 2001-12-06 24.16 0314343 NORTON, GARY JR 2001-12-06 59.29 0314344 MEEKS, ALVIN 2001-12-06 9.59 0314345 SIMONSEN, TOVE 2001-12-06 41.78 0314346 BIOONDI, WALTER 2001-12-06 72.29 0314347 HAAS, STANLEY 2001-12-06 48.10 0314348 ABNEY, PATRICIA 2001-12-06 14.26 0314349 MOORE, BETTY 2001-12-06 14.26 0314350 LONG, DOUGLAS 2001-12-06 6.03 0314351 BOYD, SHARON 2001-12-06 22.87 0314352 HENNING, HELEN 2001-12-06 46.21 0314353 THIRY, ANDREW 2001-12-06 55.75 0314354 POWELL, LONNIE 2001-12-06 13.0055.10 0314355 HAMILTON, RONALD 2001-12-06 06 10.5012- 0314356 FITZPATRICK, DONALD SR 2001- 58.19 0314357 GHO VERO BEACH 2001-12-06 2001-12-06 135.18 0314358 AMERITREND HOMES 2001-12-06 31.78 0314359 BURGOON & BERGER 2001-12-06 61.35 0314360 HEALTHCARE SUPPORT 12.26 0314361 SHOWPLACE SIGNATURE 2001-12-06 12-06 4.8501- 0314362 RIVERSIDE NATIONAL 20 41.50 0314363 LA FOUNTAIN, JUNE 2001-12-06 0314364 ASSOCIATES REALTY OF I R INC 2001-12-06 77.8873.68 0314365 BURGOON BERGER CONST CO 2001-12-06 06 50.682- 0314366 CROOM CONSTRUCTION CO 2001-1 136.22 0314367 R ZORC & SONS BUILDERS INC 2001-12-06 12-06 31.49 0314368 MGB CONSTRUCTION 2001- 23.13 0314369 GRAHAM, VIERY S 2001-12-06 001-12-06 77.50 0314370 HOLIDAY BUILDERS 2 51.65 0314371 TED LINGO PROPERTIES 2001-12-06 0314372 ORBAN, EDWARD 2001-12-06 79.1038.84 0314373 GEARY, MARIE B 2001-12-06 0314374 ROSENBERG, LORETTA 2001-12-06 68.6640.67 0314375 GETCHELL, GARY AND 2001-12-06 0314376 WHITE, ROBERT M 2001-12-06 39.1556.71 0314377 FITZPATRICK, DONALD SR 2001-12-06 39.54 0314378 OAK HARBOR CLUB PROPERTIES 2001-12-06 1,742.60 0314379 BEAZER HOMES CORP 2001-12-06 0314380 R MAX OF IR INC 2001-12-06 81.05 DECEMBER 18, 2001 (3I! r 0 t ro 0314381 TRUJILLO, ANA 0314382 AMERITREND HOMES 0314383 OQUIST, DELMONT 2001-12-06 46.10 0314384 FELTHOUSEN, TIFFANY L 0314385 REDDEN, TAMARA L 2001-12-06 23.97 0314386 WALTERS, WILLIAM B MD 0314387 COLQUITT, MICHAEL AND 0314388 BURRER, JOHN D AND 0314389 ROSS, CLORISSE 0314390 BURK, STUART 0314391 HEINZ, PETER AND 0314392 HATALA, ELIZABETH 0314393 JONES, BURTON H 0314394 KING, ANGELA 0314395 FLOUNORY, RENEE Y 69.17 0314396 RANDALL, RYAN 2001-12-06 0314397 DENNING, LOYD 0314398 DOWNING, THOMAS 2001-12-06 0314399 DAMBRO, DAVID 0314400 CREATIVE CHOICE HOMES 0314401 BOATRIGHT, KARYN 0314402 ELDER, JESSICA 0314403 SHIVER, JUDITH R 0314404 FORMAN, SANDY 0314405 FJELDE, JOSEPH 2001-12-06 0314406 KATHIRESAN, BALAN 0314407 CROOM CONSTRUCTION DECEMBER 18, 2001 -13- 2001-12-06 12.60 2001-12-06 61.35 2001-12-06 46.10 2001-12-06 34.82 2001-12-06 23.97 2001-12-06 67.91 2001-12-06 40.86 2001-12-06 44.66 2001-12-06 27.69 2001-12-06 58.65 2001-12-06 50.96 2001-12-06 69.17 2001-12-06 20.80 2001-12-06 36.67 2001-12-06 12.25 2001-12-06 51.92 2001-12-06 14.30 2001-12-06 70.92 2001-12-06 54.70 2001-12-06 58.05 2001-12-06 25.00 2001-12-06 21.50 2001-12-06 67.59 2001-12-06 62.30 2001-12-06 5.83 2001-12-06 22.27 2001-12-06 79.85 11473,194.04 Bi 71, Z B. PROCLAMATION HONORING ROBERT A. VALENTINE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY EMERGENCY SER VICES DEPARTMENT The Chairman entered the following Proclamation into the record: HONORING ROBERT (BOB) A.VALENTfNE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY EFFECTIVE DECEMBER 27, 2001 WHEREAS, BOB VALENTINE has announced his retirement as Equipment Mechanic III to the Department of Emergency Services effective December 27, 2001; and WHEREAS, BOB VALENTINE has been employed with Indian River County since April 22, 1981 where he was first hired as a General Equipment Mechanic within the Public Works Department and in October 1983 his position was reclassified to General Equipment Mechanic II. A 1988 Wage Study reclassified his position to General Equipment Mechanic III. On March 23, 1990 he transferred to the Department of Emergency Services, EMS Division, as an Equipment Mechanic II and in June of 1996, once again his position was reclassified to Equipment Mechanic III which is the position he holds today; and WHEREAS, BOB VALENTINE has been very dedicated to governmental service; and he has maintained Emergency Medical Services' vehicles expeditiously to ensure that operations ran more smoothly and efficiently; and WHEREAS, BOB VALENTINE will be remembered by his coworkers for being available evenings and weekends to make repairs to Emergency Medical Service Ambulances when needed. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board expresses its deep appreciation for the dedicated service BOB VALENTINE has given to Indian River County over the past 20 years; and The Board and staff of the Department of Emergency Services wish to express their appreciation to Bob for an outstanding career on behalf of local government and extend our heartfelt wishes for his success in his future endeavors. Adopted this 18° day of December 2001 DECEMBER 18, 2001 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA -14- Caroline D. Gi , Chairman 70C CODE ENFORCEMENT BOARD - ELECTION OF DA VID HAESLELER AS CHAIRMANAND JOHN OWENS AS VICE CHAIRMAN The Board reviewed a Memorandum of December 6, 2001: MEMORANDUM TO: Board of County Commissioners FROM: Reta Smith, Code Enforcement Board Secretary DATE: December 6, 2001 SUBJECT: Election of Code Enforcement Board Chairman This is to notify the County Commission that at the Code Enforcement Board meeting of November 26, 2001, the Board voted (6-0) to ratify the election of David Haeseler as Chairman and John Owens as Vice Chairman of the Code Enforcement Board for the year 2002. No Board action is required. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously acknowledged the election of David Haesleler as Chairman and John Owens as Vice Chairman of the Code Enforcement Board. DECEMBER 18, 2001 E ,, ; ,f) ;_. 2r -15- 7. D. BID #4031 - ANNUAL BID FOR PEST CONTROL - GENERAL SER VICES/B UILDINGS AND GRO UNDS . TROPIC PEST CONTR OL The Board reviewed a Memorandum of December 7, 2001: DATE: December 7. 2001 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: James E. Chandler, County Administrator Thomas Frame, General Services Director FROM: Fran Powell, Purchasing Managerj� SUBJECT: Bid Award: IRC # 4031 Annual Bid for Pest Control Services General Services Department / Buildings and Grounds Division BACKGROUND INFORMATION Bid Opening Date: November 7, 2001 at 2:00 P.M Advertising Dates: October 24 and 31, 2001 Mailed Bid Documents to: Thirty (30) Vendors notified Replies: Seven (7) Vendors BID TABULATION SEE ATTACHED BID TABULATION RECOMMENDATION Staff recommends awarding this bid as follows: • Award to Tropic Pest Control Service Inc. as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid. • Establish an Open End Contract for the period October 1, 2001 through September 30, 2002 with recommended vendor. Last years expenditures totaled $8,900.00. The new year bid prices reflect a 2% increase against the 2000 prices of Bid # 7001. The projected expenditures for 2001 are $9,240.00. • Authorize the Purchasing Manager to renew this contract for two (2) additional one (1) year periods 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. DECEMBER 18, 2001 ,cif, K ,/J -16- 7. E. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously awarded Bid #4031 to Tropic Pest Control as recommended by staff. BID DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD R-512 F WHEN EXECUTED AND RECEIVED BID #3063 - FELIX EQUITIES - MASTELLER & MOLER The Board reviewed a Memorandum of November 27, 2001: DATE: NOVEMBER 27, 2001 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM. W. ERIK OLSON DIRECTOR OF UTIL VICES PREPARED GORDON E. SPARKS, PE AND STAFFED ENVIRONMENTAL ENGINEER 1 ,/ BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: CR 5101512 FM & REUSE MAIN - APPROVAL OF CHANGE ORDER NO. 1 INDIAN RIVER COUNTY PROJECT NO. UCP 337 BID NO. 3063 (Utility WIP No. 472-000-1691133) BACKGROUND: On September 11, 2001, the Board of County Commissioner's awarded Bid No. 3063 to Felix Equities (see attached agenda item) in the amount of $1,234,030.00 to construct proposed Master Plan facilities including a 12- mch diameter force main and 16 -inch diameter reuse main. The project was begun on October 15, 2001 and is approximately 25% complete. DECEMBER 18, 2001 -17- #1 - The Indian River County Department of Public Works subsequently requested that several additional directional bores be added to the project at existing driveways that were originally proposed to be open�ut and restored. Meetings were held in the field at the project site with representatives of Public Works, Utilities, Felix Equities and Masteller & Moler, the consulting Project Construction Services firm. This meeting resulted in a total of six (6) additional bores. Masteller & Meier negotiated a price for the additional bores based on the bid prices of similar bores in the contract. Felix Equities agreed to the prices and submitted Change Order No. 1 (see attached change order transmitted to Gordon Sparks by Masteller & Moler by letter dated November 21, 2001), which results in a $29,078.00 increase to the project. This amount was determined by taking the total costs of the proposed directional bores and deducting the total bid costs for PVC main that they will be replacing in the field. ANALYSIS• The overall Change Order increase of $29,078.00 results in a 2.36% overall increase to the originally approved contFact amount and adjusts the contract amount to $1,263,108.00. The Utilities Department has budgeted a total of $1,400,000.00 for this project_ RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board Of County Commissioners approve Change Order No. 1 and authorize the Chairman to execute same, as presented. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously approved Change Order No. I with Felix Equities and Masteller and Moler, as recommended by staff. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 18, 2001 -1 g- �: 7.E RESOLUTION 2001-123 CANCELING CERTAIN TAXES UPON PUBLICLY OWNED LANDS AND RESOLUTION 2001-124 AUTHORIZING THE SALE OF LOT 18, BLOCK 2, DIXIE GARDENS UNIT 4 TO INDIAN RIVER HOMELESS SERVICES COUNCIL, INC. A FLORIDA NONPROFIT CORPORA TION The Board reviewed a Memorandum of December 10, 2001: Paul G. Ba, gel, County attorney" W lliam G. Collins II, Depury County Attorney* Marian E. Fell, assistant County attorney 'Board Certified, City, County anc Local Government Law MEMORANDUM TO: The Board of County Commissioners FROM: �'✓ —William G. Collins II - Deputy County Attorney DATE: December 10. 2001 SUBJECT: $1 Home Acquired from HUD On February 13, 2001 the Board of County Commissioners authorized the acquisition of a home from the Department of Housing and Urban Development for $1 in accordance with the HUD Dollar Home Program whereby the County would be required to make the home available to a not for profit corporation for rehabilitation and resale to a first-time homebuyer qualifying under the HUD Dollar Home Program. The home is located at 584 5th Street, S.W., Vero Beach, Florida and is further described as Lot 18, Block 2, Dixie Gardens Unit 4. Indian River Homeless Services Council, Inc., a Florida nonprofit corporation, has made application to the County requesting conveyance of the property to the nonprofit corporation for $1 so that the organization can rehabilitate the property and make it available for resale to a qualifying party under the HUD Dollar Home Program. Florida Statute 125.38 allows such a conveyance at private sale so long as the property is not needed for county purposes and the Board of County Commissioners is satisfied that the property is required for the purposes of promoting community interest and welfare. Such sale must be authorized by resolution of the Board of County Commissioners setting forth the fact that the application was made, the purpose for which the property is to be used, and the price. The price may be nominal or otherwise as the Board may fix, regardless of the actual value. DECEMBER 18, 2001 -19- Presented herewith for consideration are the following documents: • Resolution canceling any delinquent or current taxes which may exist on the property. The taxes would be canceled from March 6, 2001 (the date the County took title to the property) until the property is transferred. Once transferred, the property would be placed back on the tax roll. • Resolution authorizing the sale of Lot 18, Block 2, Dixie Gardens Unit 4 is "as is condition" to Indian River Homeless Services Council, Inc. for a nominal price of $1. • County Deed conveying Lot 18, Block 2, Dixie Gardens Unit 4 in as is condition" to Indian River Homeless Services Council, Inc. RECOMMENDATION: Adopt both Resolutions and authorize the Chairman of the Board of County Commissioners to execute both Resolutions and the County Deed, and instruct the Clerk to send a certified copy of the Resolution canceling taxes to the Tax Collector so that any delinquent or current taxes can be canceled. /nhm Attachments: 2 Resolutions and County Deed ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously approved the County Deed, authorized the Chairman to execute the documentation, instructed the Clerk to send a certified copy of the resolution canceling taxes to the Tax Collector so that any delinquent or current taxes can be canceled, and adopted Resolution 2001-123 canceling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (HUD $1 Home - Lot 18, Block 2, Dixie Gardens Unit 4). DECEMBER 18, 2001 -20- N$ B.. ..' i `1 0 L 4 06/12/01 RESO(LEGAL)WGC/nhm Purchase of HUD $1 home Lot 18, Block 2, Dixie Gardens Unit 4 RESOLUTION NO, 2001- 123 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; DECEMBER 18, 2001 -21- RESOLUTION NO, 2001- 123 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The property was purchased from the "HUD dollar homes" program so that the County can make it available to a true not-for-profit organization for rehabilitation and resale to a first-time homebuyer, thus the home can then act as a catalyst for neighborhood revitalization. 2. Any and all liens for taxes delinquent or current against the following described lands, which were acquired from Mel Martinez, Secretary, Department of Housing and Urban Development, of Washington, D.C. are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Indenture from Mel Martinez, Secretary, Department of Housing and Urban Development, of Washington, D.C. to Indian River County describing lands, recorded in O.R. Book 1392 at Page 1668, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner T gip; , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: DECEMBER 18, 2001 -22' RESOLUTION NO. 2001- 123 Caroline D. Ginn, Chairman Ave Ruth M. Stanbridge, Vice Chairman Aye Fran B. Adams Aye Kenneth R. Macht - ye John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December, 2001. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By '!:g' A ;w Caroline D. Ginn, Chair an ATTEST: Jeffrey K. B on/, Clerk Deputy Clerk APPROVED AS TO FORM AND LLEG,,ALL/SUFFFII/CCIIENCY B Y w L� WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY DECEMBER 18, 2001 -23- f l �y /�, r n ,.• U P DECEMBER 18, 2001 r- if big -24- g ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2001-124 authorizing the sale of Lot 18, Block 2, Dixie Gardens Unit 4 to Indian River Homeless Services Council, Inc., a Florida nonprofit corporation, pursuant to Section 125.38, Florida Statutes (HUD $1 Home). RESOLUTION NO. 2001- 124 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SALE OF LOT 18, BLOCK 2, DIXIE GARDENS UNIT 4 TO INDIAN RIVER HOMELESS SERVICES COUNCIL, INC., A FLORIDA NONPROFIT CORPORATION, PURSUANT TO SECTION 125.38, FLORIDA STATUTES. WHEREAS, section 125.38, Florida Statutes, allows any organization not for profit which may be organized for the purposes of promoting community interest and welfare, who desires any real property that may be owned by a county or by its Board of County Commissioners, to apply to the Board of County Commissioners for a conveyance of such property; and WHEREAS, the Board of County Commissioners, if satisfied that such property is required for such use and is not needed for county purposes, may convey the same at private sale to the applicant for such price, whether nominal or otherwise, as the Board of County Commissioners may fix, regardless of the actual value of such property; and DECEMBER 18, 2001 -25- RESOLUTION NO. 2001- 124 WHEREAS, such sale must be authorized by resolution of the Board of County Commissioners, duly adopted, setting forth the fact of such application being made, the purpose for which such property is to be used, and the price; and WHEREAS, on February 13, 2001 the Board of County Commissioners approved the purchase of real property from Mel Martinez, Secretary, Department of Housing and Urban Development, of Washington, D.C., known as 584 5th Street, S.W., Vero Beach, Florida, and further described as Lot 18, Block 2, Dixie Gardens Unit 4, in accordance with the HUD Dollar Homes initiative to create housing for families in need and to revitalize neighborhoods; and WHEREAS, under the HUD Dollar Homes program the County shall make the property available to a true not-for-profit organization for rehabilitation and resale to a first-time homebuyer, thus the home can then act as a catalyst for neighborhood revitalization; and WHEREAS, an application has been received from Indian River Homeless Services Council, Inc., a Florida nonprofit corporation, requesting that the property be conveyed to it for a nominal fee of $1.00, agreeing to rehabilitate the property and make it available pursuant to the HUD Dollar Home Program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the application from Indian River Homeless Services Council, Inc. is hereby accepted, and the property known as 584 5th Street, S.W., Vero Beach, Florida, and further described as Lot 18, Block 2, Dixie Gardens Unit 4, is authorized to be sold to Indian River Homeless Services Council, Inc. in "as DECEMBER 18, 2001 -26. RESOLUTION NO. 2001- 124 is condition" at a nominal purchase price of $1.00, for rehabilitation and subsequently making it available pursuant to the HUD Dollar Home program. The resolution was moved for adoption by Commissioner Ti ppi n , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Caroline D. Ginn, Chairman Aye Ruth M. Stanbridge, Vice Chairman Aye Fran B. Adams Aye Kenneth R. Macht Aye John W. Tippin Ave The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December , 2001. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Caroline D. Ginn, .! By� Jeffrey Barton Clerk C: Z Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY DECEMBER 18, 2001 -27- U C 1 LM 23.2 ADD LEGAL DESCRIPTIONS . CAO FILE No. 100-2 (CLERK'S NOTE: SEE MINUTES OF 10/23/01 FOR AMENDMENT) The Board reviewed a Memorandum of December 10, 2001: Paul G. Bangel, County Attorney* William G. Collins II, Deputy County Attorney* Manan E. Fell, Assistant County Attorney December 10, 2001 *Board Certified, City, County and Local Government Law MEMORANDUM To: Board of County Commissioners From: Paul G. Bangel, County Attorney{su t2l i� l Re: County Commissioner Districts; CAO File No. 100-2 Recommendation: It is recommended that the Board of County Commissioners amend the minutes of the Board of County Commissioners meeting of October 23, 2001, to enter upon the minutes of such meeting the attached boundary descriptions of county commissioner districts corresponding to the Plan 4 map approved by the Board on October 23, 2001, Discussion: On October 23, 2001, the Board of County Commissioners changed county commissioner district boundaries by approving Plan Proposal No. 4 from among the proposed redistricting plans. Attached are boundary descriptions, as changed, as prepared by Carter Associates, Inc., corresponding to the Plan Proposal No. 4 map approved by the Board on October 23, 2001. DECEMBER 18, 2001 DA -28- ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously approved the amendment of the Minutes of the Regular Meeting of October 23, 2001 to enter upon the minutes of such meeting the boundary descriptions of county commissioner districts corresponding to the Plan 4 map approved by the Board on October 23, 2001. SEE MINUTES OF OCTOBER 2-3,2001 FOR BOUNDARY DESCRIPTIONS 7.H. POINTE WEST - THE LINKS - EASEMENT AND RECIPROCAL MAINTENANCEAGREEMENT - STORMWA TER MANAGEMENT The Board reviewed a Memorandum of December 6,2001: Paul G. Bangel, County Attorney' 'Board Certified, City, County and Local Government Law Wtlliam G. Collins II, Deputy County Attorney* Marian E. Fell, assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: kL�-William G. Collins II — Deputy County Attorney DATE: December 6, 2001 SUBJECT: Easement and Reciprocal Maintenance Agreement — Pointe West DECEMBER 18, 2001 -29- ,/ Uig i ter' U i1``_7 :.43 In connection with the development of Pointe West and the construction of County roadways servicing the project, the St. Johns River Management District has required that an easement and reciprocal maintenance agreement be prepared. The easement grants Indian River County the right to drain stormwater from its rights -of -ways adjacent to The Links at Pointe West (i.e., 74th Avenue, 16th Street and 12th Street), into the stormwater management lakes within the golf course portion of Pointe West. It provides that The Links at Pointe West, L.L.C. is responsible for operation and maintenance of the stormwater management system on their property, and that the County is responsible for the operation and maintenance of the stormwater system located within the rights -of -ways. RECOMMENDATION: Authorize the Chairman to accept the easement and execute it, thereby agreeing to County maintenance obligations within the rights-of-way. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously accepted the easement and authorized the Chairman to execute same, thereby agreeing to County maintenance obligations within the rights- of-way, as recommended by staff. DECEMBER 18, 2001 EASEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD -30- DI! 3 U INTEREST RATE ON COUNTY FINANCING (PETITION PA VING, UTILITY ASSESSMENT PROJECTS, UTILITIES IMPACT FEES, ETG) . 4.75% . CALENDAR YEAR 2002 The Board reviewed a Memorandum of December 12, 2001: TO: Members of the Board of County Commissioners DATE: December 12, 2001 SUBJECT: Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fee, etc.) THROUGH: Joseph A. Baird , Assistant County Administrato FROM: Jason E. Brown Budget Manager 0 DESCRIPTIONS AND CONDITIONS In December of each year the Board of Commissioners adjusts the fixed interest rates charged by the County for financing utility assessments, utility impact fees, petition paving assessments and any other financing. For the 2001 calendar year, the assessment/financing fixed interest rate was set at the prime rate of 8.5% (8 %%) on January 2, 2001. Due to rapidly declining interest rates during 2001, the Board of Commissioners adjusted the rate to 6.75% (6 '/a%) in July, which was equivalent to the prime rate at the time. The prime interest rate published in the Wall Street Journal on Thursday, December 13, 2001, was 4.75% (4'/a%). Staff recommends adjusting the interest rate charged by the County to the current prime rate, which would mean a decrease of 2.0% from the rate for 2001. The only exception to this interest rate would be for projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the fixed interest rate of 4.75% (4 '/<%), which is equivalent to the prime rate published in the Wall Street Journal on December 13, 2001, for calendar year 2002. DECEMBER 18, 2001 -31- ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously approved the fixed interest rate of 4.75% which is equivalent to the prime rate published in the Wall Street Journal on December 131 2001, for calendar year 2002, as recommended by staff. RESOLUTIONS 2 7711 STREET: F. ARD ESTATES: 4259 126.127,128,129,130AND 1 CL 0WNFn LANn.0 - (R Try - 58TH A VENI/F,: VERO LAKE LSTATES: Y - FA RKS - .58THA VENUF: ESTA PARTNERS - 5TH STREET SW) The Board reviewed a Memorandum of December 11, 2001: Paul G Bangel, County Attorney* William G- Collins II, Deputy Cotmty Attorney* bfarien E. Fell, assistant County Attorney December 11, 2001 :NS - VERO 1 AND SUNT *Board Certified, Citl County and Local Government Law MEMORANDUM To: Board of Commissioners Through: Paul G. Bangel, County Attorney Qj Q� From: Lea R. Keller, CLA, Legal Assistant Re: Recently Acquired Property - Tax Cancellation Indian River County recently acquired some real property and, pursuant to Section 196.28, Florida Statutes, the Board of County Commissioners may cancel and discharge any liens for taxes owed on the property as long as it was acquired for public purpose. Such cancellation is accomplished by resolution of the Board, with a certified copy being forwarded to the Tax Collector (along with copies sent to the Property Appraiser and Fixed Assets). DECEMBER 18, 2001 -32- Requested Action: Adopt and authorize the Chairman to sign the following resolutions: 1) R/W — 77'" Street — PARKS 2) R/W — 58" Avenue — FELDMAN 3) R/W — 58th Avenue -- FELDMAN 4) R/W — Vero Lake Estates — MIAMI GARDENS 5) R/W — Vero Lake Estates — MIAMI GARDENS 6) R/W — Vero Lake Estates — ANSIN TRUSTEE 7) RM/ — 5'" Street SW — SUNTREE PARTNERS ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2001-125 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (77t' Street and 66t" Avenue Right -of -Way - James and Phyllis Parks). Re: R/W — 77'" Street & 66'" Avenue James & Phyllis Parks Tax ID 32-31-39-0-5000-16.0 RESOLUTION NO. 2001.12 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The property described on attached Exhibit "A" is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1431, Page 2987 which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. DECEMBER 18, 2001 rill L;.;. -33- The resolution was moved for adoption by Commissioner mi{tpin and the motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice Chairman Ruth Stanbridge Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December, 2001. 117_► _ ,_ .=�� : , . Tax Certificates Outstanding Current Prorated Tax Received and Deposited with Tax Collector $335.7$ BOARD OF COUNTY COMMISSIONERS Caroline D. Ginn Chairman Indian River Co. Approved Date Admin. a Co. At J Budget Dept. Rick Mgr. 0" �^� k•_u,ur-urury Dad floltd,dVryla '1�' n/yI_rr�itwkfL^Awa,a r..mrstal-»ostsntw DOCUMENTARY STAMPS DEED S •'7 D IN THE RECORD! 0/ NOTES JEFFREY L MRTON JEFFREY K. BARTON, CLERK CLERK CIRCUIT COURTIND" RIVER CO., I" INDIAN RIVER COUNTY STATUTORY 'WARRANTY DEED THIS INDENTURE, trade this Q4TJ'day of &?PTIC"LeA . 2001, between JAMES PARKS and PHYLLIS PARKS, his wife, whose address is 2945 70° Place, Vero Beach, FL 32966, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, FL 32960, GRANTEE, WITNESSETH: That GRANTOR, for and in cotuideration of the sum of Ten Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida: EXHIBIT A' ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the tide to the land, and will defend the same against the lawful claims of all persons whomsoever. presence of- rvALOC. CALLAAAAI STATE OF FLORIDA COUNTY OF WDIAN RIVER t c,� — Jamtes Parks /A'� . 1 or Phyllis Parks The foregoing instrument was acknowledged before me this a L� day of SQ 't . j2001, by JAMES PARKS and PHYLLIS PARKS, his wife. They are pe nal] known ro me or produced'6�t�ec Lac spa as identification. Notary Public: sign aunped teal shoviut y ' eommivioa F k tapvatioo due iuletRtE T.rEtFxsat Ihla docomesu Tru prepared by to WlausNOKra KWn aced abould be re:urmed to �l FswiES: otuesv4mm the Cuuuty Attorney a O:Yce, t....t,.a�.awa.....� 1840 251h St., Viso Bmcb, klarwa 32960 DECEMBER 18, 2001 —34— Z 0 9 J: -o ci na LD co J in i �n.y a w g Co t'+ CC CO3 y :bb, W Lj W t�+ t C3 C q o tq to N` 47 t=j C o� ul O� do ca in qr A rnt� y(MONtri C� tib �,a�aa � o�.4 hs co C' a to t- : O El r4 cri �bcol yyti �y Oy �� ti y n �Eol -io ..mac-oM -C4 AZ V b a N o�m yo Stu ca b��+ a # 4 an C �o � O CLl o �E o+k y� w -'Q -tal' � N C ti oo yyy w bbti L1 ��viy mp 00 v 0 T7O ti t4gy ocz y� �• r4 #� kz ►y km cc a Li ogy Cb ca.a pa �J yo46 �� x:27 +. �+ cl `• a � O � ''� O 'C`7 � �' �. -'�. � Imo. \t -bq En nnj ca C) •lJ ',cc too �°9� y�mpj b O Ll t`j C p �n O i' O -b3 b �ytj h � co �j Q n EXHI BIT "A" y� DECEMBER 18, 2001 Blk -35- 0 W -o N uo co co a U I of M�btr 969'-S OL1,79S 9X17 &LSSA( nNSdY H199 Up 0 b w EXHIBIT "A" b DECEMBER 1 S, 2001 -36- 9q F u C ti �o a 0 r� 0 .. 0. 0 4 pt I m �qo'mo b c� O C W�eev�� QD W to 04 o b O N QAli 0 CA) (V tD co ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2001-126 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (58th Avenue Right -of -Way - David and Elan Feldman). Re: R/W — 58" Avenue David & Elan Feldman Tax ID 17-33-39-1-90-2.0 RESOLUTION NO. 2001.12 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The property described on attached Exhibit "A" is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1385, Page 1771 which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Tippin , and the motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice Chairman Ruth Stanbridge Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner John W. Tippin DECEMBER 18, 2001 -37- The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December, 2001. Attest: J. K. Barton, Clerk Com,/ Deputy Clerk Tax Certificates Outstanding Y Current Prorated Tax Received and Deposited with Tax Collector $ BOARD OF COUNTY COMMISSIONERS By.- Caroline D. Ginn Chairman 70 TumFVJsrsaomsoa000man kw$ .IAa W THE RECOWA OF WM JEFFREY 9.•ARTOK AFFPAYL W�Ro.wq,� CLERK CIRCUIT COURT ��C1. _ aux" RIVER CO. FLA. STATUTORY WARRANTY DEED THIS INDENTURE, made this day Of Febty 2001, between DAVID FELDMAN and ELAN FELDMAN, individually and A tmstcc%i 407 Lincoln Road, Miami Beach, FL 77179, GRANTOR and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25Th Street, Vero Beach, FL 72960, GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, hu granted, bargained, and sold to the GRANTEE, and GRANTEE'S Nein and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida: EXHIBIT'A' ATTACHED HERETO AND MADE A PART HEREOF GRANTOR does hereby fully warrant the title to Ehe land, and will defend the same against the lawful claim of all person whomsoever. t Signed in the presence of. Si „ printed name: �02 � STATE OF FLORIDA COUNTY OF DADE The foregoing irutruunenr wu acknowledged before me this 64day ofFri, 2001, by David Feldman and Elan Feldman, individually and u trusties. They are Personally known to me or produced as identification. Notary Public: 'go amd.:s prieW R6•ECCAagAL ,PEaErC/i. S e Hein r NDTARYPU•IS6TATEOFRDROA CDMMM6 AO.cmm MY ooMMn51oN UP. ocr.ID ,:om la DECEMBER 18, 2001 -38- N: U U. r r m CX Cf c d„ 1161HX3 66 -6Z -C P2110ld 0M0'M901-9G :311! DMO OVOV .y N ; Z Y O 91 POJl awl UPON 'o o ° n Z 3 809L.68 S O oLn ar.E UO 199 ,08M a v o M z 0 w Q 0C o W o 2 C 3 v y o C. 0 a O °-0-0 N C uLL Z W H 0 •O a) U v a 0 0 z -t jD p •II Q7 EuL O F- u° L z L7 O U _z c •� oao°� 0OLo LO W m E (5 -cu I Z p J cn o y^ ° c X02 O U C u Oc u U N� W Z O O y 00 N� N uN a W rn I IOrn z c i r0n w 1 0 ..` p I u > "MOOc > o �,U 3 �i L of c N OCOD '0cLLI Or O V C u H0 0,000 x Z I O O L al V) ) _ .� 7 N O "' 7 C� 1 (u Old -C 0 a) C.7 a) O J O'c o�.z — c� U -ai ,C a) Z_ O O C N J O p0 I 2 O .L. O� Uz' -C w c Z CO .0 W Z N p �O(no wo0�ZOf Nt'p U I F- \ Ln W mZ y c— C .� Q d UJ j Lk..U of O = W -0 .O O N VNO O O` U L 0 F- m c:0_ O a Q I N 0 0-0 F-. " 0 LI__ 00 OM._,Q d I .L..L `0 0 O O•O C U•C 0L� ^.� aN'6.00 0 ° W w QO •c E o O .. T 0 E u m I J ° O. 0 :+ O O) 0 O a) m O TL O U U '. M- w a7 E u 1` Q, a O N a1 L al � cu O OU OE a) N n w e,4000 w o M... 00�nON — -O E 1` 9S 08 °_' ` L 01nrn)o o a E Q) mat B�,11.68N n bin N cLppo o "-Dg a I —° O N T O L NOo" N Env wl 0_c rn0 0-0 0 0 0 0 ` Q N I. °�ao 000, u3Ncn O z u U U a) T N 4' z u Cw C c of O u L; V =I U c -0 C-0_0 0 LYL C I Ino a7 o - L L O O 0� N 0 .� 0 U :) N L m In N N Vo " O a .. W g. 3: 3: l E L 00, a O noo 0O o° ^ O" T M „8L,I1.68 N �tiV) U)_c a) Cnzzn0� U Or - awl uoyoaS y w c° 0 t O L" iN'S 133?J1S 1Sl 3M� E °b.� alba, C v v�o_v al N E CD C C O 00 - — - aJ ° o ° o 'c w o 9_T.0 F- U�U ZUQ(/1Z � L—L, O O O O W U W - of 0_ U U _O'0 u .N DECEMBER 18, 2001 not bii -39- z O F- CL U rn w O LOU J N Q F- d O� z O N U L) N O 2 U Y V) O > O O .ISO N tb L in N Ln O r 00 O 00� a rn O V, a 0 m 0 G O T In > J O a N Q T Q) c E:3 0 OU U � � C O L U c — s L !± r J 4 U c ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2001-127 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (58t' Avenue Right -of -Way - David and Elan Feldman). Re: R/W — 58" Avenue David & Elan Feldman Tax ID 17-33-39-1-90-2.0 RESOLUTION NO. 2001.1 27 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The property described on attached Exhibit "A" is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1385, Page 1773 which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner T ' and the , motion was seconded by Commissioner Adams an upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice Chairman Ruth Stanbridge Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner John W. Tippin Aye DECEMBER 18, 2001 -40- The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December, 2001. Attest: J. K. Barton, Clerk .� 4. D-. -uty tie Tax Certificates Outstanding Current Prorated Tax Received and Deposited with Tax Collector $ BOARD OF COUNTY COMMISSIONERS By zfiZe4.�.� Caroline D. Gin Chairman Indi•nRiver Co. Approved Date Admin. and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which Co. Atty. is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and t Budget Dept. Risk higr, z Pa i- s,, Wwy v,..,dy Dina srtr-sr A. w DOCUMENTARY STAMPS mmnmysoom,ome0000s.o DEEDS •"'1" rl NOTES It, TME RECORD• OF JEFFREY K. BARTON, CLERK C JEFFREY X. URTON INDIAN RIVER COUNTY No Ra DIRCnCOURT o.. RIVER C CD„ FIA, STATUTORY WARRANTY DEED THIS INDENTURE, made this Vk day of Fe6E«±!=, 2001, between DAVID Cr FELDMAN and ELAN FELDMAN, individually and as trustees, 407 Lincoln Road, U Miami Beach, FL 33139, GRANTOR, and INDIAN RIVER COUNTY, a polkical Lr subditnsfon of the State ofFToride, 1840 25th Street, Vero Beach, FL 32960, GRANTEE, Cr WITNESSETH: DECEMBER 18, 2001 -41- That GRANTOR, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida: z Pa EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF GRANTOR does hereby fully warrant the title to the land, and will fend the same against the lawful claims of all persons whomsoever. — bA r Sided in the presence of: 0 v, t and as trustee sign —� Witness t66rri¢S. Ku.✓c, CSC.. 1 printed name: Elan Feldman, individual y and as trustee G sign: ,mess p ' L. STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this � day of f 2001s by David Peldmaa and Elan Feldman, individually and v trustees. Th are rsoaall co — _ known to me or produced as identification. C1 a Notary Public: assEcrwsarrlE ign u �md";av,;,,� rlvusrnnucaATcast.osmA coaasyor+no.00w•s � kEyEt�A- .$. K�.✓E c _ r 6s,or+ txF. = DECEMBER 18, 2001 -41- sn a� O � 7 (p C m �n n� c° 3 7 m � l to C r < to (D - O A LO O = 0 N O z K O D Z y m 1n m C: D r m m N n O Z DECEMBER 18, 2001 D, N' n o G ❑ <=%< O O CID am n�o(n O _ D CL 7 fD s❑ C-) '0 N C ❑ � N C (D (n (TD o n o m m 3nrD F n s 0- (D C �1 n F In O n nm 3 -. S O `� CL (D O S C p C 7 Via_ N n o n3 3 7`< O 7 03(D 03n m N 0 _arn O O p 7 o_ (n a o � a1 C 1 00 M On In w< N Fn a' a a•7 m o rn ? ❑ r 0 7 CD a a a 7 O C 1 n < 0 0 n FTI o D � C: �7 = 0 (n O =0 a � n _ O O° o ° as l Z s0 - Q m i �n n o 0- 0 — S D n c ate^ 3 7 p 0 n -1 m o Ln n 0 7 01 F a> (n to 0Z�n� O O O om7 o 3 a S '-15Vrn a� �o n '❑ o o O > .-. 3 �' (.+ ry 1ST STREET S.W. O m� J m A° c L rt Z 'Sect ion Lin V(D to um� eWNV pO '" C Oj .— Wo OA (n Op 0 156 nC�mOm°cos;"o II Z V 7• ;a 0 1 °° 0 f D m y rn V N' -i 0 N C - ..+70- ,O rnl i O O n C m Ji n Z ❑7 m n 7 S -V tD 00 (D (D ,� (D n m %0 I C (D O O O 7 N m m 0 (South Line -"O � Np O N� 00 CO to 0 iTract 9 o rn o s W O _• N 7 Cn N89416'08"W 0 00 (D rn m rn 80 56' - - W *gym ❑ Q1. S(1 -w ° a O m° (O NN C 7' na ❑ ° n 0- O _ -__ N°❑ o a° ° o°= m W n° 7 :3 ;:UT m >0 N o " n m N r 7-0 V O O ° p a 0 rt m m N 03 7 a0 7 0 � CL��07 (D D O. (D j 0i � 7 m I N Z 7 0) (D z o° O O O Z1 AO o OO N OO C 7 Z Z N N ��s rn `Drn'oZ I G7 •P m o -0 :3 �o ° r C Om m CO _T �-zO n�CD0 ( 2 m ° m V) O U 0 pt p O °. ° p °7 CO2. :3 aha\ O CL 7 a m -P. 'C 00 00 C m (O p I CO rn 0 LO O o Z i❑ ? I D Z ❑ m c s s CD M m m 0 l 7 c� N o 7 m a O O C m ° M O . (7 7 -0 7 (A 7 S0 CD t` I D r m o<' �. am J m -n O TI ❑ 'TlCO A y O 0 L7 ° 0 n Z n O n (( 80 56' Z ° Fn O n I S89'21 '28"E 0 0 ° � 7 _ m ` v m 7 ACRD DWG FILE: 58-106AW.DWG Plotted 3-29-99 -42- Y ,J a #moi EE!•. n �' "..` �! W m O n r W N LO 01 O n 2 O = 0 N O z K O D Z y m 1n m C: D r m m N n O Z DECEMBER 18, 2001 D, N' n o G ❑ <=%< O O CID am n�o(n O _ D CL 7 fD s❑ C-) '0 N C ❑ � N C (D (n (TD o n o m m 3nrD F n s 0- (D C �1 n F In O n nm 3 -. S O `� CL (D O S C p C 7 Via_ N n o n3 3 7`< O 7 03(D 03n m N 0 _arn O O p 7 o_ (n a o � a1 C 1 00 M On In w< N Fn a' a a•7 m o rn ? ❑ r 0 7 CD a a a 7 O C 1 n < 0 0 n FTI o D � C: �7 = 0 (n O =0 a � n _ O O° o ° as l Z s0 - Q m i �n n o 0- 0 — S D n c ate^ 3 7 p 0 n -1 m o Ln n 0 7 01 F a> (n to 0Z�n� O O O om7 o 3 a S '-15Vrn a� �o n '❑ o o O > .-. 3 �' (.+ ry 1ST STREET S.W. O m� J m A° c L rt Z 'Sect ion Lin V(D to um� eWNV pO '" C Oj .— Wo OA (n Op 0 156 nC�mOm°cos;"o II Z V 7• ;a 0 1 °° 0 f D m y rn V N' -i 0 N C - ..+70- ,O rnl i O O n C m Ji n Z ❑7 m n 7 S -V tD 00 (D (D ,� (D n m %0 I C (D O O O 7 N m m 0 (South Line -"O � Np O N� 00 CO to 0 iTract 9 o rn o s W O _• N 7 Cn N89416'08"W 0 00 (D rn m rn 80 56' - - W *gym ❑ Q1. S(1 -w ° a O m° (O NN C 7' na ❑ ° n 0- O _ -__ N°❑ o a° ° o°= m W n° 7 :3 ;:UT m >0 N o " n m N r 7-0 V O O ° p a 0 rt m m N 03 7 a0 7 0 � CL��07 (D D O. (D j 0i � 7 m I N Z 7 0) (D z o° O O O Z1 AO o OO N OO C 7 Z Z N N ��s rn `Drn'oZ I G7 •P m o -0 :3 �o ° r C Om m CO _T �-zO n�CD0 ( 2 m ° m V) O U 0 pt p O °. ° p °7 CO2. :3 aha\ O CL 7 a m -P. 'C 00 00 C m (O p I CO rn 0 LO O o Z i❑ ? I D Z ❑ m c s s CD M m m 0 l 7 c� N o 7 m a O O C m ° M O . (7 7 -0 7 (A 7 S0 CD t` I D r m o<' �. am J m -n O TI ❑ 'TlCO A y O 0 L7 ° 0 n Z n O n (( 80 56' Z ° Fn O n I S89'21 '28"E 0 0 ° � 7 _ m ` v m 7 ACRD DWG FILE: 58-106AW.DWG Plotted 3-29-99 -42- Y ,J a #moi EE!•. n �' "..` �! ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2001-128 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Vero Lake Estates - Miami Gardens). Re: Vero Lake Estates Miami Gardens Tax ID 34-31-38-7-220-0.1 RESOLUTION NO. 2001- 128 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 3. The property described on attached Exhibit "A" is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1407, Page 668 which was recently acquired by Indian River County for drainage are hereby canceled, pursuant to the authority of Section 196.28, F.S. 4. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Ti ppi n , and the motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: DECEMBER 18, 2001 Chairman Caroline D. Ginn Aye Vice Chairman Ruth Stanbridge Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner John W. Tippin Aye -43- fit The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December, 2001. M arton Deputy Clerk Tax Certificates Outstanding Current Prorated Tax Received and Deposited with Tax Collector S BOARD OF COUNTY COMMISSIONERS Caroline D. Ginn Chairman hidisnklverCo, Approved Date Admin. Co. Atty, Dept. Risk 1 ,A DOCUMENTARY STAMPS b BPDs' 70 IN TOE RECORDS OF 'n e. JEFFREY BASTON "L a JEFFREY K. BARTON, CLERK ICURKND" MVER CO.. COURT NIOWI RIVER COUNTY W DIAN mVER GFLA. Qundolm Dwd 3/6/0i(deed\grdWWirckVwAAle Pweai w3e-31-30-00007-022041OOWJ 00 F Qy QUITCLAIM DEED This QUITCLAIM DEED, esscuted this p?Ad day ofA.D. 2001, between MIAMI GARDENS, INC.. a dissolved Florido corporation. by Ns f Pmsldent, Edmad N. Arvin, 1401 790 Street Causeway. Miami, FL 33169, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which Is 1540 25th Street, Vero Beach, FL 32960, GRANTEE, o WI rNESSE rN: That GRANTOR, far and M consideration of the sung of TEN DOLLARS, and other good and vokable casidwntion, in hand paid by GRANTEE, the receipt of which is hereby acknowledged. 1 has granted, bargained, and said to the GRANTEE, and GRANTEE's heirs and ms*a forever, all the right, title, interest, claim, and demand which the said GRANTEE has in and to the following described parcel of land, lying and being In Indian River County, Florida, to -wit: 0 EXHIBIT 'A'ATTACHEO HERETO AND MADE A PART HEREOF � TO HAVE AND TO HOLD the some together with all and singular the appurtenances thereunto belonging or In anywise appertaining, and all the estate, right, title, Interest, lien, equity, and claim whatsoever of the said GRANTOR, either in kw or equity, to the use, benefit, or behoof of the said GRANTEE forever. IN WITNE55 WHEREOF, the said GRANTOR has signed and staled these presents the day and year first above written. /�� MIMol GARDENS, INC. =t ltrwa 1�1�/ o dissolved Florida caparatim pNnted s: GLE WltnNss B primed name: an ..tai tZ • 60� & i Edmund K Ansin os t President STATE OF FLORIDA O COUNTY OF DADE J v co The foregoing Instrument arm aclmowledged before me. this —OZ– dal' of /1,4y . 2001,by G EDMUND N. ANSIN, President of MIAMI GARDENS, INC., a dissolved Florida corporation, on behalf of Oa himself and said dissolved corporation He s personally known to me or produced 4100 as identification. NOTARY PUBLIC � pNeted lent: foen..bn x tsi�L +� . This meat tee repo ed by and sho '.t b. •c::srnsd to the Conary1640250r»vmmm.wmrwwma„ii iT 'da 32960 DECEMBER 18, 2001 -44- nu I a U r:., i I 1) t t r aS c�.o- A O n �1 T J C O O t7 F^D O 00p Dnp z U1S'O c 3 X393 tn C N U 5T 0 A n Non 2.6 0 o c 03 x. co 3 a mac° �a— ^� n o ��A ° 3 wx o trN ° - °'^ 'a3Lo V 7 03 H co N a 0. O ^ 0e< m °a o ac M-0 O CDvi a0" � °a o :3 ?0 rm- 0 u naCc 0 0�m ro _1 0) co O n0 0 O1T3 2; i a --- VO n0 onD l A 1 SO _ n a' 0 /o v o n i'e m Ona °O0 ay � o 3 T� O 50 0 y n 0 = o�n R s <^7 ro S \ ono a n T rn 8 v$ C ' � g F,8 0 � zo 0 -m o i° �0 C0Rv1_P �•c u °D' totr p O a n 0 7 O10 A V C On O o. O0 z � n stn r O coro c�en90m n' Y) o ms° 3 N10 N N K S Q 7 �1 A - ^, o �0 A 1 O0 0(v - n a ^nn 00 +mo o �to a yu o a n VERO LAKE ESTATES 1/4 Section Line UNI VERO LAKE ESTATES F UNIT E mmu 9 10 11 12 13 14 15 16 6 7 6 5 4 3 2 1 VERO LAKE ESTATES UNIT 4 0 ii �= EXHIBIT A 4CAD DWG. FlLE: VLEUNPLT.DWG Plotted 10-13-00 DECEMBER 18, 2001 -45- al 0 i R C N ° 6 7 M a O 1360G 18o m m 9 10 11 12 13 c Z 6 7 6 5 4 W iii 2 0a u ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2001-129 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Vero Lake Estates - Miami Gardens). 6e: Vero Lake Estates Miami Gardens Tax ID 34-31-38-2-0-0.1 RESOLUTION NO. 2001- 129 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.289 FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 5. The property described on attached Exhibit "A" is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1406, Page 2685 which was recently acquired by Indian River County for drainage are hereby canceled, pursuant to the authority of Section 196.28, F.S. 6. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner Adamsp the vote was as follows: and upon being put to a vote, Chairman Caroline D. Ginn Vice Chairman Ruth Stanbridge Commissioner Kenneth R. Macht Commissioner Fran B. Adams Commissioner John W. Tippin DECEMBER 18, 2001 -46- Aye Aye Aye Aye Aye UA � U 10 % The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December, 2001. Attest: J. K. Barton, Clerk Deputy Tax Certificates Outstanding Y Current Prorated Tax Received and Deposited with Tax Collector $ — BOARD OF COUNTY COMMISSIONERS BY Ztg,2�� Caroline D. Ginn Chairman Indian River Co. Aurnin. .._. Co. Ally, Dept. Risk M Approved i Dale IN THE RECORDS O/ . 11 JEFFREY K. aMTON OI D E0 7bYG ' CLERK CIRCUIT Count INDIAN RIVER CO., FLA. 01,4> Ganclolm Dwd NOTE , nwvl#3431.3400002 3/6/OL(drd%"deed}ckVwaoWw N -0000-00O00.L JEFFREY K. �,Q� � INDIAN RIVEN COUNTY co QUITCLAIM DEED o This QUITCLAIM DEED, executed this a dal' of A.D. 2001, between MIAMI GARDENS, INC., a. dissolved Florldo ce'ptsotlon, by Its farmer kkor. Edmund N. Amin, 1401 70 Street Causeway, Miami, FL 33169, GRANTOR, and DIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, FL 32960, GRANTEE, 0 Wr TNESSF rH: That GRANTOR, for and In consideration of the sun of TEN DOLLARS, and other good and Valuable consideration, In hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE's heirs and Designs forever, all the right, title, interest, claim, and demand which the mid GRANTEE has in and to the fallowing described ua. Force' of kind, lying and being in Indian Rivw County, Florida, to -wit: i N EXHIM OA' ATTACHED HERETO AND MADE A PART HEREOF J TO HAVE AND TO HOLD the some together with all and singular the appurtenances thercur to belonging or, in anywise appertaining, and all the estate, right, title. Interest, lien, equity, and claim whatsoever of the mid GRANTOR, either in low r equity, to the use, benefit, or behoof of the mid GRANTEE forever. IN WITNESS WHEREOF, the sed GRANTOR hon signed and sealed these presents the day and year, first above written MIAMI GARDENS, INC. Witnss !!L a dissolved Florida corporation prlyded nw f /+'/ y1C/ Witnass � -. r ✓ printedname: EdnvAd N. Ansln 2– President STATE OF FLORIDA o COUNTY OF RADE F The foregoing Instrument was acknowledged before me this oZ day of AIA2001, by On EDMUND N. ANSI#, Presldent of MIAMI GARDENS, AJC., a dissolved Florida corporation, an behalf of c�-a himself and mid dissolved crporDtlon. He is personalty known to me or produced Ly as Identificatf"F�� yy � i�filtTPUkZC. q Fu d YL.�r��oLycD pNnhdreww rawrrpn#�w,wu ecF 77Ltideua sarearedrmutdy Sin ed uaq 'Ioy a ;Fed DECEMBER 18, 2001 -47- ' s a��o- C7 ddddd0�� Fo N o? 0 0 F o 0 0 n P <P Nom <3on"O "n °x Y oAo�o dddId no �m S O <'�o o- 0 C0 ��on C 3 3'�°aam •u a n3 ?3 'a, 0 o•0o.0 Ln om :1 o0m 0 =r0mt? 2 C Ln -0 N N 0 1. 10 N N 2 IdId D_ 0 N 0Idn to 0 A �dddj � rp N�Fdo' no T7 O an 0 • =;;:� N (p a c 3 0 m Zo p -Do to 3 °a C n a �0 7 vw 0 0 0 �• o C T l T 3 a .'0 (f , — 0•e o 0no� SL 3 da �. O N .3 0 N 0. Ln N V oLn �3ro V 7 a OD `= N s M VERO LAKE ESTATES 0c Nrpa 0 0 8 7 tttmAm 0 O7 N N n. 2 o .N 0 ao. j' 9 0 11 12 1314 1516 y � p 6 7 U 4 2 1 o In n N to rn a s� o goo 1/4 Section Line VERO LAKE ESTATES UNIT F UNIT E 1 f 1817165141312 V O p 0 0 env C � l m _ tDn' D. n0 m V AEETTSUIIT4 arra12 11 10 9 6 7 6 5 4 J 2 1 n ° a L CK 2 9 a�`0 0 5' In n I_. p mmx �' 10 it 12 13 14 15 16 O I f N 7I O N n� T 6 7 6 5 4 3 2 1 0 �^o VERO LAKE ESTATES UNIT 4 ^� C -0 p © ' �_ Q EXHIBIT "A" Q ■ ACAD DWG. C. FILE: VLEUNPLT.DWC Plotted 10-14-99 DECEMBER 18, 2001 -48- 0 5 9 1 10 1 11 112 6 1 7 1 6 1 5 C J 0 4 ;7� m —m IJ Z I4 CA Is w ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2001-130 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Vero Lake Estates - Edmund N. Ansin Trustee). Re: Vero Lake Estates Edmund N. Ansin Tr Tax ID 34-31-38-0-3000-3.0 RESOLUTION NO. 2001-130 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 7. The property described on attached Exhibit "A" is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1403, Page 997 which was recently acquired by Indian River County for drainage are hereby canceled, pursuant to the authority of Section 196.28, F.S. 8. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Tippin , and the motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice Chairman Ruth Stanbridge Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner John W. Tippin Aye DECEMBER 18, 2001 -49- r► U it, €C The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December, 2001. BOARD OF COUNTY COMMISSIONERS Attest: J. K. Barton, Clerk B : By. Deputy Clerk Caroline D. Ginn Chairman Tax Certificates Outstanding y /r]0 Indian River Co. Admin. Current Prorated Tax Received and Deposited with Tax Collector $ — Co. Atty. Budget Dept. Risk Mgr. too q�Q,rda.D..a Force) w34-31-3&-000WB000-00003.0 N/0D(drdNW W)rcAVwoLWw W THE RECORDS OF JEFFREY K. aARTON CLERK Cl""TC QUITCLAIM DEED " RIVER CO nA This QUITa.AIM DEED. "ecuted this �day of A.D. 2001, between EDMUND N. ANSIN, hndWARilly and as trustee of Trust No. 1. 1401 79 Street, MloW, FL 33141, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of The State of Florida, The address of which is 1840 25th Stmt, Vero Such, FL 32960, GRANTEE, W.r rNESSF rH: That GRANTOR, for and N consideration of the een of TEN DOLLARS, and other good and vahnble casideration. M hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and 6RANTEE's heirs and assigns forever, all the right, title, unterest, claim, and demand which the said GRANTEE has in and to the fallowing described parcel of lad, lying and being in Lilian River County, Florida, to -wit: EXHMrr OA' ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the some together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, ad claim whatsoever of the mid GRANTOR, either in law or equity, to the use, benefit, or behoof of the said GRANTEE forever. IN WITNE55 WHEREOF, the said GRANTOR has signed and staled these presents the day and year first above written. aign��y /E�,r/� printed dnname: E/s;*; 4e:zgel sign My CLAMPS l Aruna DEEDS . ]o printed home: io•.n.3 S .6e..RZ NOTES . JEFFREYX BARTON, CLERK STATE OF FLORIDA INDIAN RIVER COUNTY COUNTY OF INDIAN RIVER The foregoing instrument was aclanwledged before me this 42day of /WA)l by EDMUND N. AN52N. Heb 2001, penonolfy Ivown to me or produces aspidentificatlaiv pinned tar: FARY PIIBI.IC:.a�Y CaraFs CC (69du 4 FBF. OYIVJaa1 � rsa+wasv-rr way.�nwsiiarnnvnmvn�inwmvs came-3<ry gadcbbt corm JY 25rs.'iicql ds DECEMBER 18, 2001 -50- Approved N 0 N J- CJ W 0 t� J Date t l A iTl ��ni, s` h t3 S It 'I77T-0 �F1m07 0(- ° 0 z .(n0 T�7 9 ° S(n O � n a SO O : t N Ur, .�+rq O.(0 Z(INQ f*1 O 0 O m .� m7 O Sry A NS -11 �01 s Z N~°..O �N . N Sn'13tol10 ?Nps?7n ORj-w -w0 �7n r0• Z �� 7 Am ^o zo .P N tp• Cr7 Neon 00ro Opp Ln N (y O T O 3 > N Q O C c 3 C O N 7 3 O `< m m v1 s C r. a �4 j V 3 �. oa— o No. L4 n 0 3 n °3, L ,o VERO LAKE ESTATES UNIT 13 m CL Q..0 o J 1817 8 3 4 3 2 1 7 6 1 4 Jt2t n 19 ��JJ "I V, f Q can i. a. 310 'o �rn y nac 7 z 0 v C3 (p T 1 .40 7 cl ui a -- I f i. VERO LAKE ESTATES F UNIT E �6 S I Z o o 1/4 Section Line D u < N OcV ;a 6 7 M rr (7 " O � °on' (— o 86GG ;-48 oarVE TE E T T U 4 I 4o.n o. 12 1 1 10 7 8 5 4 3 2 1 W x m °° nv 2 0 o 8 3�0 10 11 12 13 14 15 16 N — "9 n ° � m =� S nm� m 8 7 6 3 4 J 2 1 of z0 VERO LAKE ESTATES UNIT 4 g m 0 �i 0 oWG, FILE: VLEUNPLT.OWG Plotted 10-14-99 DECEMBER 18, 2001 VENUE f*1 .Ni 9 10 11 12 13 C --I B 7 6 S 4 (4 s � EXHIBIT "A" -51- ''I X" C. 3 NOD ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2001-131 canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (5tl' Street SW Right -of -Way - Suntree Partners). Re: 5" Street, SW Suntree Partners Tax ID 21-33-39-1-80-5.0 RESOLUTION NO, 2001- 131 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 9. The property described on attached Exhibit "A" is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1393, Page 894 which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 10. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Ti ppl nand the motion was seconded by Commissioner Addms andupon being put to a vote, the vote was as follows: , Chairman Caroline D. Ginn Aye Vice Chairman Ruth Stanbridge Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner John W. Tippin Aye DECEMBER 18, 2001 -52- nor n t L I % I c. U The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December, 2001. Attest: J. K. Barton, Clerk By' — Deputy Clerk Tax Certificates Outstanding Current Prorated Tax Received and Deposited with Tax Collector $ ,,r BOARD OF COUNTY COMMISSIONERS By��O, Caroline D. Ginn Chairman slaeRO y wa Iy De"a - s" sew SW DOgU111E11TARy STAMP$ um to ar-uaa0000lmmooaos.o gip I iS. G S ROTES JMEYX MRr0111, QLW moan MEN clium IndiankiverCo. Approved Dale Admin. land, and will defend the same against the lawful Co. Atty. � I whomsoever. Budget o Dept. Risk Mgr. �L� I Yr 4 1 U ,,r BOARD OF COUNTY COMMISSIONERS By��O, Caroline D. Ginn Chairman slaeRO y wa Iy De"a - s" sew SW DOgU111E11TARy STAMP$ um to ar-uaa0000lmmooaos.o gip I iS. G S ROTES JMEYX MRr0111, QLW moan MEN clium IndiankiverCo. Approved Dale Admin. land, and will defend the same against the lawful Co. Atty. of all I whomsoever. Budget Dept. Risk Mgr. IN THE RECORDS OF JEFFREY K. RMTON CLERK CIRCUIT COURT INDL%N NwER CO.. FLA. THIS INDENTURE, made this _:� day 01461 2001, between THE SUNTREE PARTNERS, a Florida general partnership, Post Office Box 410999, Melbourne, 32941, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the Stahl of Florida, 1840 25th Street, Vero Beach, FL 32960, GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of Ton Thousand Seven Hundred SlafyFlve Dollars and other good and valuable Consideration to GRANTOR In hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land situate, lying, and being In Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF hereby fully warrant the tine to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed in the presence of: 1 sign: `I t 11 A I_ P M1n_r�' Witness pmNa RNn.:ILelliG She-pn rG{ sign: Wlmess ^N^a:loc Grecn STATE OF FLORIDA COUNTY OF INBINI RIVER Brevard THE SUNTREE PARTNERS a Florida General Partnership B 0� n D. Haley,ey, Pro sl ant HMM. INC., a Florida corporation, partner The foregoing Instrument was acknowledged before me this _— day of -:pv 2001, by John D. Haley, President of MMM, Inc., a Florida Corporation, partner of The Suntree Partners, a Florida general partnership, and he is personally known to Ins or produced Y% I a' as identification. DECEMBER 18, 2001 -53- l 11-LRj ♦�.w �� wrrau Vzor Ea oras b, Jaot Eli N cn C.n W r E—A W .D W O O vD 47P -) o F D a :' 0o•o N T 7 �' D m' ,n 0 0 m c 3 . : m <` m in p C In < mm � O O Z7 O � m S a0 r A cN o N l0 � A 0 0 Ln a) L, o rn m V I co 0 0 0 m m m a X Z n o = o =_ r O N O O Z C: C D �i� m C: Z G7 Z m m z- n 0 c� v z IT! Da�7 �3.c � 60 (b p o � <• m o D m 0 0� 0 as&3 (boom C ::r S S C m O U) . or T N :3-%< G N n n y O 5 m 3`� 0 n � N s� (7N F o 0 O ^ 0 sin_ 'o m m 30 �0 3 OL A�.m0 "3 ra C c �m 3 a0 m m i 7.K. INDIAN RIVER INVESTMENT PROPERTIES (MOSBY & ASSOCIATES] - FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR RIVER ISLAND PLANNED DEVELOPMENT The Board reviewed a Memorandum of December 5, 2001: TO: THROUGH FROM: SUBJECT REFERENCE DATE: James Chandler, County Administrator Public Works Direct AND Christopher J. Kafer, Jr., P.E., County Engine James W. Davis, P.E David A. Hays, Senior Civil Engineer Request for Floodplain Cut and Fill Balance Waiver for River Island Planned Development PD -01-01-02 / LDP Application No. 2000030017-27520 December 5, 2001 DESCRIPTION AND CONDITIONS Mosby and Associates, Inc., on behalf of Indian River Investment Properties, Inc., the developer of River Island Planned Residential Development is requesting a waiver of the cut and fill balance requirement of Section 930.07(2)(d) of the Stormwater Management and Flood Protection Ordinance. The project is located on the west bank of the Indian River Lagoon at the end of 95"' Street along a new road, 52" Court. The site is located in special flood hazard area Zone AE with base flood elevations of 9 and 10 feet N.G.V.D. The ten year still water elevation is approximately 4.8 feet. The proposed displacement of the floodplain below 4.8 feet for which the waiver is requested is 1.47 Ac -ft. as indicated in the attached letter from the applicant's engineer dated October 9, 2001. ALTERNATIVES AND ANALYSIS The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)1 of being situated in an estuarine environment within the 100 year floodplain along the Indian River and in staff's opinion it appears that all other Stormwater Management and Flood Protection Ordinance requirements can be met without adverse impact on other lands in the estuarine environment. A separate request for a Land Development Permit has been received by the Public Works Department. DECEMBER 18, 2001 01► 1 C. Uu r16 -55- Alternative No. 1 Approve the cut and fill balance waiver request. Alternative No. 2 Deny the waiver request and require re -design to accomplish an on-site balance of cut and fill. RECOMMENDATIONS Staff recommends approval of Alternative No. 1. ATTACHMENTS 1. Letter from Mosby and Associates, Inc. dated October 9, 2001. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously approved the cut and fill balance waiver request, as recommended by staff. DECEMBER 1 S, 2001 -56- l! ^ -� t i I c:. O r"3 0 r 7.L. RESOL UTION 2001432 RELEASING AN EASEMENT ON LOT 32 OF HIGH SDA VID A. . - 6415 SST" The Board reviewed a Memorandum of December 11, 2001: TO: THROUGH FROM DATE RE: James E. Chandler County Administrator DEP)d1r TIENT HEAD CONCURRENCE: Robert M. keating, AICP Community Development Dire Roland vI. DeB17: A CP Chief, Environmental Planning & Code Enforcement Kelly Zedek Code Enforcement Officer December 11, 2001 DAVID A. SCHUTTA REQUEST FOR RELEASE OF EASEMENT AT 6415 55TH SQUARE (HIGH PINES SUBDIVISION) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 13, 2001. DESCRIPTION AND CONDITIONS The County has been petitioned by David A. Schutta, owner of a lot at 6415 55th Square in High Pines Subdivision, for release of a five-foot wide side yard drainage and utility easement (see attached map). Mr. Schutta is requesting the release of easement on the basis that the easement is serving no public purpose. ALTERNATIVES AND ANALYSIS The request has been reviewed by Bell South Communications, Florida Power & Light Corporation, T.C.I. Cable Corporation; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; the County surveyor, and the Property Owners Association. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staffs position that the requested easement release would have no adverse impact to utilities being supplied to the subject properties or to other properties. DECEMBER 18, 2001 -57- L i 1 L iIU k RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, release the drainage and utility easement, as more particularly described in said resolution. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2001-132 releasing an easement on Lot 32 of High Pines Subdivision (David A. Schutta - 6415 55`h Square). RESOLUTION NO. 2001 - 132 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT ON LOT 32 OF HIGH PINES SUBDIVISION WHEREAS, Indian River County has an interest in a drainage and utility easement on Lot 32 of High Pines Subdivision; and WHEREAS, the retention 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 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 DAVID A. SCHUTTA 6415 55TH SQUARE VERO BEACH, FL 32967 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(s): the westerly five feet of Lot 32, High Pines Subdivision, LESS AND EXCEPT the southerly ten feet thereof, according to the plat recorded in Plat Book 13, Page 44, of the Public Records of Indian River County, Florida. THIS RESOLUTION was moved for adoption by Commissioner Tippin seconded by Commissioner Adams , and adopted on the 18th day of December 2001, by the following vote: Commissioner Caroline D. Ginn Aye Commissioner Ruth Stanbridge Aye Commissioner Kenneth R. Macht Ave Commissioner John W. Tippin Aye Commissioner Fran B. Adams Agee DECEMBER 18, 2001 -58- RESOLUTION NO. 2001- 132 The Chairman declared the resolution duly passed and adopted this 18th December 92001. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Caroline D. Ginn, Chairman Attested B Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER day of The foregoing instrument was acknowledged before me this day of 1�IP�✓, 2001, by CAROLINE D. GINN, as Chairman of the Board of County Commissioners of Indian River County, Florida, and by PATRICIA "PJ" JONES , 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 Printed Name: Commission No.: Commission Expiration: APPROVED AS TO LEGAL FORM: William G. Collins II Deputy County Attorney ease.bccdoc proj/apl.no.99070217/27271 DECEMBER 18, 2001 -59- RETA M SMITH MY COMMISSION N CC 969415 EXPIRFS: Sep 20, 200E OiM1 I40W110TAFY FL Notwy Senrim 8 Bonding, Inc. [iti i i iJ t4 iJ /� e 7.M. RESOL UTION 2001433 RELEASING A PORTION OFAN EASEMENT ON LOT 15 OF SEA OAKS RIVER COTTAGES PLANNED DEVELOPMENT (SEA OAKS INVESTMENT, LTD. - 8910 EAST ORCHID ISLAND CIRCLE) The Board reviewed a Memorandum of December 11, 2001: TO: James E. Chandler County Administrator DEP TMENT HEAD CONCURRENCE: Robert M. Keating, AI P Community Development Director THROUGH: Roland M. DeBloisf''AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Zedek Code Enforcement Officer DATE: December 11, 2001 RE: SEA OAKS INVESTMENT, LTD. REQUEST FOR RELEASE OF A PORTION OF AN EASEMENT AT 8910 EAST ORCHID ISLAND CIRCLE (SEA OAKS RIVER COTTAGES PD) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 18, 2001 _ DESCRIPTION AND CONDITIONS The County has been petitioned by Sea Oaks Investment, LTD, owner of a lot at 8910 East Orchid Circle in Sea Oaks River Cottages PD, for release of a portion of a drainage and utility easement. The purpose of the easement release request is to accomodate a slight encroachment of a corner of a single-family home proposed for construction (see attached map). ALTERNATIVES AND ANALYSIS The request has been reviewed by Bell South Communications; Florida Power & Light Corporation; T.C.I. Cable Corporation; the Indian River County Utilities Department; the County Road & Bridge, Engineering Divisions; the County surveyor; and the Property Owners Association. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to utilities being supplied to the subject properties or to other properties. DECEMBER 18, 2001 Olt I d U -60- 211 RECOMMENDATION Staff recoaunends that the Board, through adoption of the attached resolution, release the drainage and utility easement, as more particularly described in said resolution. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2001-133 releasing a portion of an easement on Lot 15 of Sea Oaks River Cottages PD (Sea Oaks Investment, Ltd. - 8910 East Orchid Island Circle). RESOLUTION NO, 2001 - 133_ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF AN EASEMENT ON LOT 15 OF SEA OAKS RIVER COTTAGES PD WHEREAS, Indian River County has an interest in a drainage and utility easement on Lot 15 of Sea Oaks River Cottages PD; 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 easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to SEA OAKS INVESTMENT, LTD 1501 COLLINS AVE. 3RD FLOOR MIAMI BEACH, FL 33139 its 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(s): the east ten feet of the northerly six-foot wide utility easement of Lot 15, Sea Oaks River Cottages PD, being a Partial Replat of Sea Oaks River Homes VPD, according to the Partial Replat recorded in Plat Book 15, Page 84 of the Public Records of Indian River County, Florida. DECEMBER 18, 2001 -61. 66 RESOLUTION NO. 2001. 133 THIS RESOLUTION was moved for adoption by Commissioner Ti ppi n seconded by Commissioner Adams , and adopted on the 18th day of December 2001, by the following vote: Commissioner Caroline D. Ginn Aye Commissioner Ruth Stanbridge Aye_ Commissioner Kenneth R. Macht Ayp Commissioner John W. Tippin Aye Commissioner Fran B. Adams Aye The Chairman declared the resolution duly passed and adopted this 18th day of December ,2001. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By�.r� Caroline D. Ginn, Chairma Attested E3 Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this /M day of —dzz2eC�� 2001, by CAROLINE D. GINN, as Chairman of the Board of County Commissioners of Indian River County, Florida, and by PATRICIA "PJ" JOIN. F c, 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 Printed Name: Commission No.: Commission Expiration: APPROVED AS TO ,LEGAL FORM: William G. Collins II Deputy County Attorney A RETA M SMITH MY COMMISSION a CC969415 EXPIRES' Sep20,2004 HY Fl Nolery Service 8 Bonding, Inc. DECEMBER 18,2001 U f 8,2001f -62- 9.Aele PUBLIC HEARING TEFRA — (TAX EQUITY FISCAL RESPONSIBILITY ACT) — LINDSEY GARDENS Withdrawn. 9.Ae2e PUBLIC HEARING - ORDINANCE 2001-037 EXTENDING FOR AN ADDITIONAL THREE MONTHS A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATIONS TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS TOWERS (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 December I0, 2001: TO: James E. Chandler County Administrator HEAD CONCURRENCE: Community Development 2 r. FROM: Stan Boling, AICP Planning Director DATE: December 10, 2001 SUBJECT: Consideration of Three Month Extension of Moratorium on Acceptance of Applications for New Telecommunications Towers DECEMBER 18, 2001 3lq->, 1 LU !~G //4 -63- It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 18, 2001. BACKGROUND: At its January 2, 2001 meeting, the Board of County Commissioners adopted a six month moratorium on applications for new telecommunications towers, and the moratorium went into effect shortly thereafter. On July 3, 2001, the Board extended that moratorium an additonal six months, establishing a new expiration date of January 6, 2002. Thus, the moratorium will expire on January 61 2002, unless extended. As previously reported to the Board, staffs research has found that other jurisdictions had extended moratoria during their wireless master planning/ordinance re -write processes (Alachua County, Lakeland). The purpose of the moratorium is to allow sufficient time for the county to hire a consultant, to have the consultant prepare an interim ordinance of regulations, and to present the ordinance for adoption. Simultaneously, the consultant is also obligated to develop a wireless master plan. Since adoption of the moratorium, significant progress has been made on completing those tasks. In June, the county hired CityScape as its consultant, and CityScape has begun its work. However, completion of the wireless master plan and interim ordinance tasks has proceeded slower than anticipated. Particularly disruptive to the planning and ordinance review process was the necessary postponement of the Board of County Comrnissioners/Planning and Zoning Commission public workshop originally scheduled for September 11, 2001. That workshop was re -scheduled, and could not be held until November 13, 2001. Because the workshop schedule was disrupted and an interim ordinance cannot now be adopted before the January 6, 2002 expiration of the moratorium, the moratorium needs to be extended by ordinance. In accordance with ordinance adoption requirements, the County Attorney's Office has drafted such an ordinance and has advertised for a December 18, 2001 public hearing. The Board is now to consider the ordinance and is to adopt, adopt with modifications, or deny the proposed ordinance. ANALYSIS: The proposed ordinance would extend the moratorium by three (3) months, and would take effect on January 7, 2002. The effect of the ordinance, if adopted, will be to extend the moratorium to April 71 2002. This three month extension should allow sufficient time for Professional Services Advisory Committee (PSAC), Planning and Zoning Commission (PZC), and Board of County Commissioners (BCC) review and consideration of an interim telecommunications tower ordinance prepared and revised by CityScape. Simultaneously, CityScape is obligated to perform wireless master planning services. If the moratorium is extended as proposed, the interim telecommunications ordinance could be reviewed by the PSAC in January, by the PZC in February, and by the BCC in February and March 2002. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached ordinance extending the moratorium on acceptance of applications for new telecommunications towers; said moratorium to expire on April 7, 2002. DECEMBER 18, 2001 -64- Planning Director Stan Boling commented that co -location and rebuilding applications are excepted from the moratorium and asked the Board to grant the extra time to finish the Master Plan and the new ordinance. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Adams, the Board unanimously adopted Ordinance 2001-037 extending for an additional three months a moratorium on the acceptance of applications for wireless telecommunications towers and on the issuance of permits and approvals for the construction of wireless telecommunications towers; providing for exceptions; setting forth expiration and effective dates. ORDINANCE NO, 2001- 037 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA EXTENDING FOR AN ADDITIONAL THREE MONTHS A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATIONS TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION AND EFFECTIVE DATES. DECEMBER 18, 2001 -65- 2 .�. ORDINANCE NO. 2001- 037 WHEREAS, pursuant to Section 1(0, Article Vlll, of the Florida Constitution and Chapter 125, Florida Statutes, Indian River County is authorized and required to protect the public health, safety, and welfare and may exercise any power for a governmental purpose except when expressly prohibited by law, and, pursuant to this authority and Section 163.3202, Florida Statutes, Indian River County has enacted land development regulations, consistent with its adopted Comprehensive Plan, which protect the quality of life in Indian River County; and WHEREAS, Indian River County adopted Ordinance No. 2001-01 on January 2, 2001 declaring a 6 -month moratorium on the acceptance of applications for wireless telecommunications towers and on the issuance of permits and approvals for the construction of wireless telecommunications towers; and WHEREAS, since that time the County has researched other local government wireless master planning efforts; has prepared a detailed scope of services identifying necessary tasks for preparing a wireless master plan and revising county land development regulations; has issued a request for consultant proposals; has evaluated and ranked proposals, and interviewed the top four ranked firms; has negotiated and entered into a contract with the top ranked firm; and WHEREAS, the moratorium imposed by Ordinance 2001-01 was extended for an additional six months by Ordinance 2001-017 which was adopted on July 3, 2001 and which will expire January 6, 2002; and WHEREAS, the consultants workshop scheduled for September 11, 2001 had to be cancelled due to acts of war against the United States of America and civilized society everywhere; and k' WHEREAS, the consultants workshop could not be rescheduled until November 13, 2001; and WHEREAS, the consultant and County require additional time to implement the wireless master planning contemplated by their contract; and WHEREAS, this wireless master planning effort is a "... necessary and bona fide effort to act carefully in.a field with rapidly evolving technology" and "... the circumstances call for study, deliberation and decision-making ...". Sprint Spectrum L.P. v. City of Medina, 924 F. Supp. 1036, 1040 (W.D. Wash. 1996); and WHEREAS, "by requiring action within a reasonable period of time, Congress did not intend to create arbitrary time tables that force local authorities to make hasty and ill-considered decisions". SNET Cellular Inc v Angell, 99 F. Supp. 190, 198, (D.R.I. 2000). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. PROHIBITION Except as otherwiserovided herein, p the moratorium imposed by Ordinance 2001-01 and extended by Ordinance 2001-017 is hereby extended an additional three months and no applications for tower permits shall be accepted and no Special Exception Permits or other permits shall be issued for commencement of towers for three months from the effective date of this ordinance or until the adoption of new and/or amended land development regulations applicable thereto, whichever shall first occur. DECEMBER 1 S, 2001 -66- t [ I 9 g'k_ n in ...� I% I f:. Ivl 1'113 t 1 ORDINANCE NO. 2001-o37 SECTION 2. EXCEPTIONS The prohibition set forth in Section 1 hereof shall not apply to: 1. Any complete application for a tower which was on file on the effective date of Ordinance 2001-01 and which is subsequently determined by the County Commission to meet all applicable requirements on the Land Development Code; 2. Any tower which is determined by the County Commission to be necessary to any governmental utilities or emergency communications system; 3. Any existing tower replacement or repair; 4. Amateur radio antennas and towers; 5. Adding an antenna to an existing structure so that the height of the original structure is not increased by more than 10%; or 6. The replacement or reconfiguration of an existing utility pole only within the ten -mile ridge FPL easement for purposes of accommodating an antenna, provided that the height shall not exceed 130 feet. SECTION 3. CONFLICTS The application of any Indian River County ordinance in conflict herewith is hereby suspended during the time period set forth in Section 1 to the extent of such conflict. SECTION 4. SEVERABILITY If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. EFFECTIVE DATE This ordinance shall take effect on January 7, 2002. This ordinance was advertised in the Vero Beach Press -Journal on the 8th day of December, 2001, for a public hearing to be held on the 18th day of December, 2001, at which time it was moved for adoption by Commissioner _ Stanbridge , seconded by Commissioner Adams and adopted by the following vote: Chairman Caroline D. Ginn —Ayp Vice Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye DECEMBER 18, 2001 -67- ORDINANCE NO. 2001- 037 The Chairman thereupon declared the ordinance duly passed and adopted this 18th day of December, 2001. APPROVED AS TO FORM AND �LEEGGACL SULICIENCY BY ��- WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY ATTEST: Jeffrey K. Barton, Clerk Deputy CI rl BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By:�.-.oc Caroline D. Ginn, Chairmirh ACKNOWLEDGMENT by the Department of State of the State of Florida, this day of December, 2001. I REQUEST FOR DEC. 01" ILI The Board reviewed a letter of December 10, 2001: DECEMBER 18, 2001 -68- 10 k-3 Xi14" - OMMISSI T AGEND, ;moi 11� ......... __ -- tt Z4 3- - -- _ fi DECEMBER 18, 2001 -69- Fred Mensing asked for a resolution to his problem by having the County furnish a key to the gate and he agreed to keep the gate closed except for going in and out. He also asked for a solution to the flooding problem which he believed had been caused by timbering and the clearing of a 30 to 50 -foot area which he believed to be a fire hazard. He felt this problem is an issue of accountability and believed the Commissioners should make a decision. County Attorney Bangel noted that he had discussed the issues with Mr. Mensing and recommended against any further public discussion inasmuch as litigation may be the next step and anything said here can be used in court issue which cannot be resolved in this forum This is a complicated, time-consuming He asked the Board for permission to continue looking for a solution with Mr. Mensing. 9 ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board unanimously accepted the County Attorney's recommendation to continue the dialogue with Mr. Mensing. GAL I I 11 NSE ITE K AL OBLIGATION TO UPHOLD OATHS" The Board reviewed a letter of December 12, 2001: DECEMBER 18, 2001 -70- T. X MENTS AND • k Brian T. Heady 406 1911 Street Vero Beach, FI 32960 December 12, 2001 Caroline Ginn k Margaret Gunter Indian River County Commission Vero Beach Florida 32960 f k Uear County Commission Commissioners: Please place me on the citizen input public discussion portion of your agenda fer the next rneeting in December. I intend to speak tc the Indian River County Commissionabout saving tax dollars m legal defense and legal settlements. I will also speak briefly about the obligation to uphold oaths. If you have any questions I can be reached by telephone at 778-1023 1 sincerer, tk �lh� 4 / ✓ K�� urian T. Heady Brian Heady first asked the Board for a solution to the traffic problem at 58t" Avenue and SR-60 which has resulted in numerous accidents. Mr. Heady continued with references to the Declaration of Independence and the Sunshine Law. He asked that anything he had brought to the Board which was inaccurate be identified and asked under what authority the Board had asked a Deputy Sheriff to remove him from the Chambers. He then referenced a "partnering" with the Indian River County School Board which he believed was mismanaged and cited statistics relative to the number of students and classrooms in the County. DECEMBER 18, 2001 -71- I/ I r7 7C s F'! k r) L ik i L rl.7 F JJ Discussion ensued by the Commissioners regarding the 3 -minute time limit for public discussion, and Commissioner Macht felt it would be unfair to let this issue be driven by a single citizen. He also stated that the Board takes its authority from the Home Rule Act of the State of Florida. NO ACTION REQUIRED OR TAKEN. PUBLIC NOTICE ITEMS - SCHEDULED FOR PUBLIC HEARING JANUARY 8, 2002 0 THE NORTH SIDE OF 4TH STREET, APPROXIMATELY ONE QUARTER MI WEST OF 58TH A VENUE (KINGS HIGHWAY) FROMA4 TO RS 3 (QUASI JUDICIAL (l) HEOVEST FOR A UTHORIZATION TO SUBMIT A FY2001 02 APPLICATION FOR 49 USC CHAPTER 53 SECTION 5307 MASS T CAPITALAND OPERATING ASSISTANCE BYINDIAN RIVER COUN. FEDERAL TRANSIT ADMINISTRATION GRANT FUNDS TO BE PAS THROUGH TO THE INDIANRIVER COUNTY COUNCIL ONAGING PROVIDE CAPITAL AND OPERATING FUNDING FOR THE INDIAN COUNTY TRANSIT/COMMUNITY COACH FIXED ROUTE BUS SYST The Board reviewed a Memorandum of December 11, 2001: DECEMBER 18, 2001 -72- nRj�,, S t-� J a,, k: TO: James E. Chandler; County Administrator DEP T LENT HEAD CONCURRENCE: Robert t�I. eating, AICP; Com unity Deve pment Director FROM: Sasan Rohani, AICP; Chief, Long-Range%Plannin S 0- DATE: December 11, 2001 SUBJECT: NOTICE OF SCHEDULED PUBLIC HEARINGS FOR THE JANUARY 8, 20027 BOARD MEETING It is requested that the data herein be given formal consideration by the Board of County Commissioners at its regular meeting of December 18, 2001. DESCRIPTION AND CONDITIONS Please be advised that the following public hearings have been scheduled for Board consideration at its January 8, 2002, meeting. 1. Tom and Mary Funka request to rezone 17.5 acres located on the north side of 4th Street, approximately one quarter mile west of 58th Avenue (Kings Highway), from A-1, Agricultural District (up to 1 unit/5 acres), to RS -3, Single -Family Residential District (up to 3 units/acre). (Quasi -Judicial) N 2. Request for authorization to submit an FY 2001/02 Grant Application for 49 USC Chapter 53, Section 5307 Mass Transit Capital and Operating Assistance. Indian River County, as the designated recipient of federal funds, will apply for Federal transit Administration (FTA) grant funds. Those funds will then be passed through to the Indian River County Council on Aging, Inc. (COA) to provide capital and operating funding for the Indian River Transit/Community Coach fixed route bus system. RE C OMNIENDA TION The above referenced public hearing notice is provided for the Board's information. No action is needed. NO ACTION REQUIRED OR TAKEN. DECEMBER 18, 2001 —73— s� 1 Lu r10 e� J i LA 0 M F OF RIPARIAN LINES 5 Ca - AP =11 The Board reviewed a Memorandum of December 12, 2001: TO: James E. Chandler t County Administrator D,YVAR IENT HEAD CONCURRENCE: Robert M. Keating, Al P / Community Development Dire or I� THROUGH: Roland M. De ICP ! Chief, Environmental Planning & Code Enforcement FROM: Bria o le, FREP Senior Tanner F SI DATE: December 12, 2001 RE: Sean and Baerbel O'Haire's Appeal of a Planning and Zoning Commission Decision to Delay Issuance of a County Building Permit for a Single -Family Dock, Pending a Challenge in Circuit Court on the Location of Riparian Lines It is requested that the data herein presented be given formal consideration by the Indian River County Board of County Commissioners at its regular meeting of December 18, 2001. DESCRIPTION & CONDITIONS Summary This appeal relates to a dispute between neighboring riverfront property owners as to the location of a riparian line, as it affects the location of a proposed single-family dock. The applicants for the dock, Sean and Baerbel O'Haire, have satisfied all county permit application requirements, and a county permit for the dock is "ripe" for issuance. The O'Haires neighbor, Mr. George Collins, has filed an action in Circuit Court challenging the location of the riparian line as determined by the O'Haires' surveyor. The issue is whether or not the County is obligated to issue the dock permit (since all permit requirements have been satisfied), or obligated to delay issuance of the permit pending Circuit Court resolution of the riparian line dispute. DECEMBER 18, 2001 -74- x k Background The O'Haires own property at 575 Highway AIA. When the O'Haires first purchased the property (parcel 16-33-40-0000-0030-00019.2), the O'Haires did not have waterfront access to the Indian River Lagoon (i.e., did not have riparian rights). In order to achieve waterfront access, the O'Haires purchased an additional 104 ± feet from the property owner to the west (Michael O'Haire, parcel 16-33-40-0000- 0030-00019.0) and a 63 ± foot section (out of a total of 81 ± feet) of a parcel known as Block A of River Ridge Estates subdivision. Block A has riparian shoreline along its entire length. The O'Haires' riparian frontage is along an irregular shoreline known as Martin Cove (see Attachment 1). 6 ' As defined, a riparian line is a line on a waterfront parcel extending from the upland side property line, where it meets the waters edge, out into the water. The area between a parcel's two riparian Lines is generally referred to as the `riparian shoreline' or `riparian area' and is where the `riparian rights' of the upland property owner exist. Typically, County staff rely on a certified survey of the riparian line E provided by a qualified surveyor on behalf of the applicant or, in straightforward cases, a drawing supplied by the owner/agent showing the riparian lines. Notwithstanding, legal establishment of a riparian line under dispute can occur in one of only two ways: 1) the two individual property owners who are affected can agree on where the line is, or 2) the riparian line can be established by a Circuit Court Judge. Sections 932.07 (2) and 932.07(4) of the County's Land Development Regulations require that docks, piers, boat slips, boats, or other waterfront structures be setback from the riparian line a distance determined by the side yard setback applicable to the zoning district in which the project is located (see Attachment 2). Mr. and Mrs. O'Haire's property is in Zoning District RS -3 which has a required 15 foot ' side yard setback; therefore, the dock, pier, boat slip, and vessel(s) moored at the dock cannot encroach s,- into the 15 foot side yard setback as established by the riparian lines. On a straight shoreline, the location of riparian lines can be straightforward (e.g., the riparian lines can generally go straight out from the shoreline); however, in this particular case, the shoreline is actually a small cove within a larger cove. Location of the riparian lines then becomes more complex and difficult. I Riparian lines can crossover one another and in some cases an individual upland property may end up with little or no nparian access if care is not taken when determining the location of the riparian lines. In this case, Mr. George Collins, the neighbor immediately to the north of the O'Haire's property, has concerns regarding the County issuance of a building permit for a dock on the O'Haire property. As previously indicated, he disputes the location of the riparian line as determined by surveyors for the O'Haires. Mr. Collins's position is that a county building permit for the dock cannot be issued until the riparian line dispute is resolved in Circuit Court. As a result, Mr. Collins appealed County staff's decision to issue a dock building permit to the O'Haires. On September 27, 2001, the Planning and Zoning Commission heard Mr. Collins's appeal and voted 5-1 to uphold the appeal, thus delaying County issuance of a permit until the Circuit Court rules on the riparian line. Mr. O'Haire is now appealing the Planning and Zoning Commission's decision. Attachment 3 is a chronology of events related to this appeal. Planning and Zoninqy Commission (PZC) Action On September 27, 2001, the PZC heard Mr. Collins's appeal. Mr. Collins gave to the PZC a packet of additional information, a copy of which is on file in the Commission office. At that hearing, the PZC voted 5 to 1 to modify staff s position to issue the County building permit (see Attachment 4). This modification was: to delay the decision to issue the permit (subject to conditions of removal if court determines the riparian lines to be elsewhere), until the Circuit Court makes a determination on the location of the riparian lines and any DEP exemptions or permits are in hand. This action consequently overturned county staffs decision that a County building permit could be immediately issued. DECEMBER 18, 2001 -75- ni s t� r4, r, D11 NUI- JJrJ • County staff's position (overturned by PZC) Mr. O'Haire submitted a County building permit application to construct a single-family dock. Several issues needed to be resolved before a decision could be made on whether or not to issue the building permit. These were: I. the location of riparian lines, 2. the determination of whether or not the dock, and attendant vessel moored at the dock, would meet the required 15 foot side yard setback; and 3, the unification of three separate parcels associated with the uplands. Mr. O'Haire supplied information that resolved all the outstanding issues, and staff made a determination that a County building permit could be issued (i.e., all requirements of the LDRs have been met). Mr. George Collins's position (upheld by PZC) Mr. Collins's argument (paraphrased), as presented at the PZC appeal hearing, was based on the following points (see Attachment 5): 1. Sufficient Title Interest: The O'Haire's do not have sufficient title interest in the uplands that support the single-family dock. It is Mr. Collins's contention that this `strip' of land no longer exists (due to erosion) and therefore Mr. O'Haire's property does not extend to the mean high water line (i.e., no riparian rights). 2. Unified Fee Simple Title: The applicant does not have a unified fee simple title to the property to which the proposed dock will be attached. In addition, Mr. Collins believes that there were some irregularities in the process by which the current Unity of Title was established. ` 3. Riparian Lines: The riparian line shown on the survey is incorrect, and the proposed dock violates the side yard setbacks. Mr. Collins presented a survey, signed and sealed, by Rod Reed showing a different set of riparian lines (see Attachment 6) 4. Riparian Rights: The LDRs do not specify that a dock can be constructed on a property with only ten linear feet of riparian shoreline. Staff's policy to allow a dock on narrow riparian frontage has not been adopted by the Board of County Commissioners and is not supported by the goals, objectives, or policies of the comprehensive plan. 5. FDEP Appeal/Circuit Court Case: There is currently an appeal of the FDEP exemption notice and a declaratory decree action in Circuit Court, and no Indian River County building permit should be issued prior to the resolution of the appeal and Circuit Court action and the legal establishment of the riparian line. As provided for in Section 902.07(5) of the County Code, Mr. Sean O'Haire, as an affected property owner, has exercised his right to appeal the PZC's decision to the Board of County Commissioners. On October 23,20013 county staff received a letter of appeal from Mr. Sean O'Haire (see Attachment 7). Points of appeal The main points of Mr. O'Haire's appeal letter (paraphrased) are: 1 The terms and conditions of the proposed building permit will require the permittee to comply with all setback requirements as measured off of each real property owner's respective riparian lines (as determined by the Circuit (:ourt); DECEMBER 18, 2001,, WU -76- F,> 2. The signed and sealed survey submitted by David Leuthje meets all the applicable Indian River County development regulations as does the proposed dock (see Attachments S and 9); 3. The Indian River County comprehensive plan does not require Circuit Court adjudication of riparian boundaries prior to the issuance of building permits for docks, 4- Indian River County's assessment of property taxes on the parcel and refusal to issue a building permit constitutes an inverse condemnation and regulatory taking; and 5. The O'Haires, as owners of the property, are entitled to reasonable riparian access as provided in Section 253.141, Florida Statutes. ANALYSIS Review Guidelines for Appeals Section 902.07(4) provides guidelines for the Board's review of this appeal. Under section 902.07(4), the Board is to review the Planning and e Zoning Commission's decision and make findings in the following four areas: f (a). Did the Planning and Zoning Commission fail to follow appropriate review procedures? g (b). Did the Planning and Zoning Commission act in an arbitrary or capricious manner? t (c). Did the Planning and Zoning Commission fail to consider adequately the effects of the proposed development upon surrounding properties, public health, safety and welfare? (d). Did the Planning and Zoning Commission fail to evaluate the application with respect to the comprehensive plan and land development regulations oflndian River County? (a) Following Appropriate Review Procedures Planning staffs position is that the PZC did not follow appropriate review procedures. In considering the Collins appeal, the PZC's charge was to determine if staff failed in any of the above noted areas. The p> minutes from the PZC meeting include a reference, in the PZC discussion after the close of the public hearing, to staff acting in an arbitrary or capricious manner, however, this action was not articulated further nor was it included in the PZC findings. Staff did not act in an arbitrary or capricious manner. Instead, staff carefully considered and applied the County's land development regulations and comprehensive plan policies (as described herein), and has been consistent in its application of the regulations and comprehensive plan policies. Specifically, staff applied the following regulations and policies (see Attachment 3), which are applicable to the subject application: Section 902.07, Section 911.07(7), and Section 932.07 of the LDRs; Policy 2.7, of the Coastal Management Element of the Comprehensive Plan; and Policies 7.1 and 7.3, of the Conservation Element of the Comprehensive Plan. The riparian lines, as surveyed by David Leuthje, were reviewed by the County Surveyor, Charles Cramer, who determined that no errors or mistakes were made in the establishment of the riparian lines, however, Mr. Cramer does not agree with the methodology used by Mr. Leuthje. Finally, staff has drafted a set of special conditions that will be attached to the County building permit. These special conditions will require the permittee to comply with County regulation regardless of the outcome of the DEP or Circuit Court case. Thus, the PZC failed to follow required procedures (i.e., articulation of its findings) in considering the Collins appeal. DECEMBER 18, 2001 N -77- (b) Arbitrary or Capricious County staffs opinion is that the PZC did not act in an arbitrary or capricious manner in its consideration of the Collins appeal. The PZC carefully considered staffs summary of the County's land use regulations and comprehensive plan policies applicable to the Collins appeal, as presented by staff at the September 27, 2001, appeal hearing (see staff PZC memorandum, Attachment #X). (c) Adequate Consideration of Effects — The PZC adequately considered the effects of the issuance of the building permit for the proposed dock. The PZC carefully considered the information provided by staff, Mr. Collins, and Mr. O'Haire. (d) Guidance of the Comprehensive Plan and LDRs The PZC did not fail to look for guidance from the Comprehensive Plan and County Land Development Regulations (LDRs) in its consideration of the Collins appeal. RECOMMENDATION Staff recommends that the Board of County Commissioners: Approve the appeal, reverse the decision of the Planning and Zoning Commission, and uphold the Community Development Director's decision that the O'Haire dock, as designed, satisfies county LDR requirements and that a county building permit may be issued for a single-family dock with the above noted Special Conditions. ATTACHMENTS 1. Map of the subject property at 575 Highway AIA 2. County Code Section 932.07 Piers, docks and boatslips, Comprehensive Plan Policies 3. Chronology of events related to the Sean O'Haire dock 4. Approved P&Z Minutes from September 27, 2001, Appeal Hearing 5. April 24, 2001 letter of appeal from Mr. George G. Collins 6. Copy of portion of special purpose survey by Masteller, Moler & Reed 7. October 23, 2001 letter of appeal from Mr. Sean O'Haire 8. Survey of area dated 6/5/01 9. G.K. Environmental, Inc. Biological Survey map, dated 6/2/00 DECEMBER 18, 2001 !"111 1;� _78_ r 1 ATTACHMENT !\ i n O PLACY ✓-A O JI 1 r ML O.1 Piti 3 X T o n L - ATTACHMENT !\ vxTu wIE r 1 e � rl"Z.l'sS£ fir[ Lj�fC "71, 5TLFET TI, RD GQ\ L0'I' 1 �} n W= SL MH'i ri�PXOPFXI N.a to / J ,y 1 t 1 -ooswo b�. o ' 6030 0030 } ,000IeA 014. `> esu s_ti prrr see � 00 % ,anala� L;4 % r. J 00000 t 0030 i vxTu wIE r 1 e � rl"Z.l'sS£ fir[ Lj�fC "71, 5TLFET TI, RD GQ\ L0'I' 1 �} n W= SL MH'i ri�PXOPFXI N.a to / J ,y 1 t 1 -ooswo b�. o ' 6030 0030 } ,000IeA 014. `> esu s_ti prrr see � 00 % ,anala� L;4 % r. J 00000 t 0030 Community Development Director Bob Keating explained that this is not a public hearing but the department does give notice to adjacent property owners. Commissioner Macht questioned why this is being brought to the Board when there is an action in civil court to resolve the issues. DECEMBER 18, 2001 -79- UCt i t F'G 1 n i'1 r Community Development Director Bob Keating explained that this is not a public hearing but the department does give notice to adjacent property owners. Commissioner Macht questioned why this is being brought to the Board when there is an action in civil court to resolve the issues. DECEMBER 18, 2001 -79- UCt i t F'G 1 Deputy County Attorney Will Collins noted that he is not related to George Collins, who filed the action in circuit court. The reason this issue has been brought to the Board is that the County Code provides for an appeal to the Board from a decision by the Department Director. Mr. O'Haire is exercising his right to be heard before the Board and this is a step in the process which he must exhaust. County Attorney Bangel noted that the Board has only 2 options, either to uphold the f amendment or to reverse the decision of the Planning & Zoning Commission. Environmental Chief Roland DeBlois gave a brief history of the matter at issue and stated that staff, including the County Surveyor, agree that the application satisfies all k` County requirements. The crux of the matter is that Mr. Collins had his own surveyor prepare a survey of the riparian lines, resulting in 2 differing determinations of these lines. The County Surveyor has advised that both determinations could be considered valid as they were each prepared using different methodologies. The County has an obligation to issue the permit or to delay the issue based on court challenges which could affect the design. Mr. O'Haire is willing to take the risk that the court may overturn the County's issuance of the permit, while Mr. Collins feels it is more appropriate to await the court's decision. The Planning & Zoning Commission voted 5-1 to uphold Mr. Collins' appeal and said that staff acted arbitrarily and capriciously. Staff's position is that the riparian line is legitimate and all requirements have been met. Staff recommends issuing the permit with Conditions 1, 2 and 3 as set forth below: DECEMBER 18, 2001 S i !_' I i -80- u,i i is is i�iJr r SPECIAL CONDITIONS TO BE APPLIED TO ANY DOCK BUILDING PERMIT ISSUED TO SEAN O'HAIRE This permit is conditioned upon the following items, in addition to any other conditions: The dock structure shall be constructed as shown on the drawing attached to the permit showing the dock slip area to be positioned at the west end of the terminal platform oriented in a roughly north -south direction. Any vessel moored at this boat dock must be moored within this designated boat slip area. 2. At no time shall any portion of any vessel, moored at this dock, extend into either of the 15 foot side yard set backs. 3. If you decide to build this dock, you do so at your own risk. It is possible that as a result of the petition filed with the Florida Department of Environmental Protection and/or the Circuit Court Wiling, you may be required to remove, alter, modify, and/or reconstruct the dock as currently proposed. Additional permits/authorizations from Indian River County may be required at that time. Sean O'Haire, 718 Shore Drive, commented that his address will be 575 South A I if the permit is ever issued. He applied for a Department of Environmental Protection permit in January of 2001 and took Mr. Collins to lunch to try to work out the details. At that time Mr. Collins expressed only one objection which was to the use of an a -frame roof over the platform of the dock which -he felt would obstruct his view. It was agreed that the roofing would be omitted from the plans. Now Mr. O'Haire's construction lender will not close on the construction loan because of the pending lawsuit. He grew up on this property and loves the Lagoon. This issue is all about riparian access and navigability. He has a 20 -foot Grady White boat that draws 2.5 feet of water and needs at least 3 to 4 feet of water to navigate the cove. The dispute seems to center around where on the dock his boat will be moored. Mr. Collins evidently wants him to moor his 8 -foot wide by 20 -foot long boat on the narrow end DECEMBER 18, 2001 -81- iii L U �. i �3 i' L t. of the dock which makes no sense. He needs deep water for the boat and the lift to keep the boat out of the water when it is not in use. If he is forced to moor his boat on the narrow end of this dock, he will have to go back to DEP for another permit and there is not enough l depth at that end to moor the boat and operate the lift. He has a certified survey and he is only asking for the same rights Mr. Collins has enjoyed for over a decade. Mr. O'Haire continued that Mr. Collins hired David- Gibson, Chairman of the Mapping and Survey School at the University of Florida to prepare his survey, while he used Dean Leuthje for his survey. He asked the Board to either accept Mr. Leuthje's survey and give him administrative approval to moor his boat on the north side of the dock or accept Mr. Gibson's survey. County Attorney Bangel asked if Mr. O'Haire had any exhibits to be presented to the Clerk, and Bruce Barkett, Attorney and partner of George Collins, objected to anything further being added to the record at this time. George Kulezycki, President of GK Environmental of Vero Beach, agent for the applicant, commented that if a second DEP permit has to be applied for, a seagrass survey would need to be done as there are now issues involving Johnson Seagrass. David Leuthje, Carter Associates, stated that he had been hired by Mr. O'Haire to prepare a survey to establish the riparian lines and obtain his dock permit. There are many different methods of obtaining these lines and he utilized as many as possible taking the existing conditions into account. Mr. Collins' surveyor used the "allocation by area method" which is just a different approach to the same end. DECEMBER 18, 2001 -82- R David Gibson noted that the pier headline is based on location and whether or not it meets County setbacks. Both methods used appear to show enough area to construct the t dock. Attorney Barkett stated that the parties do not agree and the issue is in court. The Board should not issue the permit until the court determines the riparian lines. 6, George Collins presented a handout, a copy of which is on file with the backup for today's meeting, and County Attorney Bangel gave a copy to Mr. O'Haire. Mr. Collins, 1375 River Ridge Road, stated that he had tried to work out a solution with Mr. O'Haire but they are at an impasse. He felt this is a unique situation because this is a very small cove. Mr. O'Haire's land only connects to the cove by a 7 -foot strip of land. He gave some further background on the issues involved, noting that Mr. O'Haire had filed a "unity of title" action on his parcel after further division of the parcel by Michael O'Haire, Mr. O'Haire's father. Mr. Collins' dock was built in 1977 and, since no resolution could be reached, he has asked the circuit court to make the decision. He also noted that staff had been prepared to issue a dock permit to Mr. O'Haire using the west side of the dock to moor his boat which would be a big help to him. Rod Reed, 2205 14" Avenue, President of Masteller & Moler, pointed out the differing riparian lines to the Board. Commissioner Macht commented that this is a very complicated issue and he felt that if the permit is not issued until the circuit court case is finalized, there would be no harm to anyone. DECEMBER 18, 2001 -83- bk ?.? Co rte; P � R David Gibson noted that the pier headline is based on location and whether or not it meets County setbacks. Both methods used appear to show enough area to construct the t dock. Attorney Barkett stated that the parties do not agree and the issue is in court. The Board should not issue the permit until the court determines the riparian lines. 6, George Collins presented a handout, a copy of which is on file with the backup for today's meeting, and County Attorney Bangel gave a copy to Mr. O'Haire. Mr. Collins, 1375 River Ridge Road, stated that he had tried to work out a solution with Mr. O'Haire but they are at an impasse. He felt this is a unique situation because this is a very small cove. Mr. O'Haire's land only connects to the cove by a 7 -foot strip of land. He gave some further background on the issues involved, noting that Mr. O'Haire had filed a "unity of title" action on his parcel after further division of the parcel by Michael O'Haire, Mr. O'Haire's father. Mr. Collins' dock was built in 1977 and, since no resolution could be reached, he has asked the circuit court to make the decision. He also noted that staff had been prepared to issue a dock permit to Mr. O'Haire using the west side of the dock to moor his boat which would be a big help to him. Rod Reed, 2205 14" Avenue, President of Masteller & Moler, pointed out the differing riparian lines to the Board. Commissioner Macht commented that this is a very complicated issue and he felt that if the permit is not issued until the circuit court case is finalized, there would be no harm to anyone. DECEMBER 18, 2001 -83- bk ?.? Co rte; 1. ON MOTION by Commissioner Macht, SECONDED by Chairman Ginn, the Board unanimously upheld the Planning & Zoning Commission denial of the permit pending resolution by the circuit court of that action. 11 LE- Z �1 GIT THE kL ACCESS M) - PURCHASE OF ANAGER AND 00 MHZ RADIO SYSTEM - MIA COM (FORMERLY ERICSSON RADIO) - COMMUNICATIONS INTERNATIONAL The Board reviewed a Memorandum of December 6, 2001: TO: Honorable Board of County Commissioners THROUGH: James E. Chandler, County Administrator FROM: John King, Director Department of Em en y Services DATE: December 6, 2001 SUBJECT: Purchase of a Replacement System Manager and Installation for the 800 MHz Radio System on a Sole Source Basis It is 'respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at its regular meeting of December 18, 2001. DECEMBER 18, 2001 -84- 63 2 U iyt" 1 4 �+ L DESCRIPTION AND CONDITIONS: The 800 MHz radio system utilizes an Enhanced Digital Access Communications System (EDACS) System Manager. The EDACS System Manager is a computerized management system that provides a common database for all the system elements, including the backbone, consoles, and tower sites. It enables a supervisor maintenance technician to directly access and configure the radio system, monitor user activities, add or delete radios from the system, detect and report alarms, and control other types of activities at each remote communications site. When the radio system infrastructure was purchased in FY 95/96, the System Manager was based on a proven VAX computer technology from the Digital Equipment Corporation, running a proprietary EDACS application software. High-end computer technology and software has changed greatly in the last five 5 ) years, and MIA COM, the manufacturer, has recommended replacement of our VAX -based system with a new System Manager utilizing a Microsoft Windows NT platform. VAX computer Technology was initially used because of its multi -tasking features, the Microsoft -based platform, which was not available five (5) years ago, affords greater flexibility in implementing upgrades to the overall radio system. Additionally, software development in the Microsoft Windows NT environment is much cheaper than proprietary software development in the older style VAX computer systems. M/A COM advised each of their 800 MHz users nearly a year ago that these changes were necessary and forthcoming and funds were budgeted for the purchase of the new System Manager. ALTERNATIVES AND ANALYSIS: The 800 MHz radio system, like any other computer system, requires periodic maintenance and upgrades to the system's infrastructure. The cost of the replacement System Manager from M/A COM is as follows. CSD500 Server System (System Manager) CSD Radio Control (Dynamic Regrouping) $12,150 VAX to CSD Database Conversion 5,125 CSD Client Application (Multi -User Software License) 2,400 _2 625 $22,300 M/A COM's regional representative for the installation of the new System Manager is Communications International Inc. Communications International was awarded the contract from Ericsson Communications five (5) years ago to do the original installation, and their knowledge of our radio system is substantive. They have provided a proposal for the site work as follows: Labor to remove and replace the System Manager Provide and install and Ink Jet Color Printer $2.500 Provide and install a 17" Color Monitor 450 495 $3,445 DECEMBER 18, 2001 Lit A L U -85- It is understood that the removal and replacement of the printer and the monitor requires rerouting and replacing the existing cables, which are beneath the floor. No other vendors are qualified or certified to provide the equipment, software, and installation of the replacement System Manager. RECOMMENDATION: Staff recommends the Board approve the CSD500 System Manager at a cost of $22,300 from M/A COM and installation of the equipment from Communications International, Inc. at a cost of $3,445. This was a planned upgrade and the funds were budgeted for this project in the 001-107 Communications Account for this budget year. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously approved the purchase of the CSD500 System Manager at a cost of $22,300 from M/A COM and installation of the equipment from Communications International, Inc. at a cost of $3,445, as recommended by staff. DOCUMENTATION WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 18, 2001 WHEN EXECUTED AND RECEIVED -86- i Pb 14 11.B.2. EDACS (ENHANCED DIGITAL ACCESS ATIONS SYSTEM) - PURCHASE OF YEAR SOFTWARE LICENSE AGREEMENT AND INSTALLATION FOR THE 800 MHZ RADIO SYSTEM - COMMUNICATIONS INTERNATIONAL The Board reviewed a Memorandum of December 7 , 2001: TO: Honorable Board of County Commissioners THROUGH: James E. Chandler, County Administrator FROM: John King, Director Department of Eme gency Services DATE: December 7, 2001 SUBJECT: Purchase of a One -Year Software License Agreement and Installation for the 800 MHz Radio System It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at its regular meeting of December 18, 2001, DESCRIPTION AND CONDITIONS: The Board of County Commissioners approved the purchase of the 800 MHz radio system in December 1995. Integral to that purchase was the inclusion of a five (5) year "backbone" software agreement. It was understood that the radio system required periodic maintenance upgrades to the system's infrastructure. The software license agreement obligated Ericsson to provide enhancements and corrections to the existing features for all of the EDACS backbone and radio components. It also assured the County that any new generation radios, hand-held or mobile units, would seamlessly integrate into our communications network. The five (5) year software agreement is expiring, and staff budgeted for a one (1) year software license agreement. DECEMBER 18, 2001 -87- rr1 ; „ FLI ALTERNATIVES AND ANALYSIS: The EDACS software upgrades are only available from two (2) sources—M/A COM, the parent software company, and Communications International Inc., the regional maintenance provider. The price for a one (1) year license agreement directly from M/A COM is $75,000 and would require a separate contract with the regional maintenance provider for periodic installation updates. The price from Communications International, Inc. is $74,000 and installation is included. It should be noted that several software upgrade releases occur annually and require a staff of technicians to execute. RECOMMENDATION: Staff recommends the Board approve the purchase of a one (1) year 800 MHz software license agreement from Communications International, Inc. in the amount of $74,000. This was a planned expenditure and funds were budgeted in the 001-107 Communications Account for this budget year. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Adams, the Board unanimously approved the purchase of a one (1) year 800 MHz software license agreement from Communications International, Inc. in the amount of $74,000, as recommended by staff. DOCUMENTATION WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 18, 2001 WHEN EXECUTED AND RECEIVED G E'r E r s L's a 11 M/A MERLY 101 . ACCE AN 800 MHZ INTEGRATED MULTISITE CONTROLLER AND CONSOLE ELECTRONICS CONTROLLER AND FUND THE INSTALLATION The Board reviewed a Memorandum of December 9, 2001: TO: Honorable Board of County Commissioners THROUGH: James E. Chandler, County Administrator FROM: John King, Director Department of Eme ency Services DATE: December 9, 2001 SUBJECT: Accept an 800 MHz Integrated Multisite Controller and Console Electronics Controller and Fund the Installation It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at its regular meeting of December 18, 2001. DESCRIPTION AND CONDITIONS: Within the system infrastructure of the 800 MHz radio system is an Integrated Multisite Controller (IMC) and a Console Electronics Controller (CEC). The IMC is a digital audio switch for trunked radio system networks and routes digital control data, audio, and mobile data between the radio system and the dispatch consoles. The CEC is also a hardware device that is a subset of the IMC switch. In layman's terms, the IMC/CEC allows communications between two-way radios located in different geographical areas of the county utilizing multiple tower sites. M/A COM, formerly known as Ericsson Radio, advised Indian River County about five (5) months ago that they had discontinued the model of IMC/CEC hardware that is within our system infrastructure. As a result, they will only manufacture replacement parts for a limited period of time. Their primary reason for discontinuing this hardware is that new radio product lines have features that require an improved IIV1C/CEC, particularly in the realm of digital voice quality. M/A COM recognizes the significance of this concern and has offered the following solution to each of its radio system users who utilize the same model of IMC/CEC that Indian River County has. DECEMBER 18, 2001 -89- M/A COM's initial offering was to provide a replacement IMC/CEC controller, the same hardware they are installing in new 800 MHz radio systems, for the cost of installation and the agency's commitment to purchase sixty-one new radios at 50 percent off list price. Their proposal has the following pricing schedule: List Item Price Offer Modem Cabinet $ 327295 N/C IMC/CEC Switch Upgrade 3177291 N/C Installation Package 27,710 $277710 Again, to obtain the above pricing, they proposed that Indian River County agree to purchase a minimum of sixty-one (61) Jaguar portable radios at the price shown below: List _ Model Price Offer Jaguar 700P $3,195 $1,598 Emer & Dynamic Regroup 200 100 Network Operation 550 275 Total Price $3,945 $1,973 Staff has successfully negotiated a tentative agreement with M/A COM to reduce the number of new portable radios to forty-one, rather than the initial offer of sixty-one. An additional caveat agreed to was allowing these radio purchases to be spread our over the next six months instead of upon approval of the agreement. Staff also successfully argued that although the backbone equipment is the property of Indian River County: it is a multi -agency radio system and we should be allowed to count radio purchases from the municipalities and other users into our cumulative total of forty-one, M/A COM agreed. ALTERNATIVES AND ANALYSIS: M/A COM's offer of the system upgrade for the price of installation and a specific number of radio sales is a cost sharing proposal to resolve a problem for the manufacturer and the many 800 MHz radio system installations. Staff has been advised that this offer was only valid for six months and ends on December 31, 2001. Attempts to extend this offer into the next fiscal year have been unsuccessful. Whether the County takes advantage of M/A COM's proposal or delays purchase, the new IMC/CEC equipment offers digital features to the radio system that the County will need in the future. As new model radios are developed, component upgrades are required to the system infrastructure. In our radio system, by in large, most of these upgrades are incorporated with software changes. However, this proposal is a hardware upgrade. Should the County not take advantage of M/A COM's proposal, staff will be required to budget for this upgrade at the above list price in the future. Additionally, as our IMC/CEC unit becomes older, replacement parts become more difficult to obtain. Staff is keenly aware that this is a non -budget request and expenditures must be justified. Staff also understands that accepting this offer for the IMC/CEC upgrade obligates the Board to guaranty purchase of forty-one radios within six months. The Budget Office has determined that the County intends to purchase 21 new portable radios this fiscal year, which includes the Constitutional Officers. The cities of Vero DECEMBER 18, 2001 -90- Gil L; k Beach and Sebastian, respectively, have approved funding to purchase 7 and 5 portable radios. The School Board budgeted funds to purchase radios, but they remain uncertain on capital expenditures at this time. It should also be noted that a few radios become inoperable each year and those purchases are in excess of the budgeted replacements. The savings to the County to take advantage of M/A COM's offer represents a savings of $349,586 against future expenses to upgrade our system. The risk is that the Board may be required to purchase the balance of radios needed to reach the agreement of forty-one radios within the next six months, however, the benefit out weighs the risk and M/A COM's proposal represents a considerable savings. RECOMMENDATION: Staff recommends the Board approve M/A COM's final proposal and accept the 800 MHz Integrated Multisite Controller and Console Electronics Controller and fund the installation fee of $27,710. Staff also requests the Board authorize the necessary budget amendments for this project to the 001-107 Communications Account using General Fund contingencies. Staff understands that they will be required to return to the Board to fund any additional radio purchases to fulfill the agreement if there is a shortfall, but by agreeing to this purchase, the Board is agreeing to purchase a minimum of 41 radios. ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously approved M/A COM's final proposal; accepted the 800 MHz Integrated Multisite Controller and Console Electronics Controller; approved funding of the installation fee of $27,710; authorized the necessary budget amendments for this project to the 001-107 Communications Account using General Fund contingencies with the understanding that staff will fund any additional radio purchases to fulfill the agreement if there is a shortfall but the Board agrees to purchase a minimum of 41 radios; all as recommended by staff. DOCUMENTATION WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 18, 2001 WHEN EXECUTED AND RECEIVED -91- I LG.1. LAUREL BUILDERS, INC. - RIGHT-OF-WAY ACQUISITION - 58TH AVENUE (KINGS HIGHWAY) PHASE II The Board reviewed a Memorandum of December 6, 2001: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director Terry Thompson, P. E. Capital Projects manager FROM: William M. Napier, SRPA, SRAA/,y/t/ Right -of -Way Agent SUBJECT: Right -of -Way Acquisition, 58"' Avenue, Phase II Laurel Builders, Inc. DATE: December 6, 2001 Additional right-of-way is needed along the west side of 58`h Avenue, north of Oslo Road, to facilitate the 58`h Avenue, Phase II Improvements. The proposed right-of-way measures 20.0 feet x 2,334.12 feet, and contains a total area of 1.07 acre. The Seller has executed a Contract for Sale and Purchase in the amount of $19,296.00 which is based on $18,000.00 per acre. This price -per -acre is typical of other recent right- of-way purchases the County has made, and is in line with the market for the area. The County will have to pay additional compensation for 63 citrus trees outside the proposed right-of-way that will have to be removed in order to replace the grove service road. The cost for the trees is $100 per tree x 63 trees = $6,300.00; therefore the total cost of this transation is $25,596.00. There are no appraisal or attorney fees. Staff recommends the Board of County Commissioners approve the $19,296.00 land purchase plus $6,300.00 for the trees, for a total expenditure of $25,596.00, and authorize the Chairman to execute the contract. DECEMBER 18, 2001 -92- J ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Adams, the Board unanimously approved the land purchase in the amount of $19,296 plus $6,300 for the trees, for a total expenditure of $25,596 and authorized the Chairman to execute the contract, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.2. 12TH STREET SIDEWALK BETWEEN OLD DIXIE HIGHWAY AND VERO BEACH ELEMENTARY SCHOOL - WATERFORD LAKES SUBDIVISION DEVELOPER'S AGREEMENT The Board reviewed a Memorandum of December 10, 2001: TO: James -E. Chandler, County Administrator FROM: James W. Davis, P.E. , ��"�J Public Works Director`�IY,,,fff SUBJECT: 12th Street Sidewalk beVVtween Old Dixie Highway and Vero Beach Elementary School - Waterford Lakes Subdivision Developer's Agreement DATE: December 10, 2001 DECEMBER 18, 2001 -93- ill"1! 0 l DESCRIPTION AND CONDITIONS The developer cf Waterford Lakes Subdivision, located south of 12th Street just east of Vero Beach Elementary School, has recently culverted the 12th Street Indian River Farms Water Control District Canal along 11325 L.F. of 12th Street frontage. The County cost shared in this piping via a Developer's Agreement (County share was $32,500 or approximately 1/3 the cost.) The developer has also widened and resurfaced 12th Street. Due to the close proximity of the Vero Beach Elementary School, and the large potential for numerous children residing in Waterford Lakes to attend Vero Beach Elementary School, the Public Works staff has requested the developer to design and construct a 5' side sidewalk along the 12th Street frontage. Construct -ion at this time will save costs for sod removal, regrading, and mobilization. The cost for 1,325 l.f. is $14,906.25. The attached Amendment #1 to the September 18, 2001 developer's agreement provides for County funding since the Developer was not required to build a sidewalk due to the presence of the canal. ALTERNATIVES AND ANALYSIS The following alternatives are recommended: Alternative No. 1 Approve Amendment Alternative No. 2 Deny approval. No. 1 to the Developer's Agreement. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1. Funding in the amount of $14,906.25 to be from It Local Option Sales Tax, Acct. 315-214-541- 066.32 ($74,330 available for Sidewalks). ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously approved Amendment No. 1 to the Developer's Agreement with Waterford Lakes of Indian River County, Inc., as recommended by staff. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 18, 2001 -94- 11.G.3. KINGS HIGHWAY IMPROVEMENTS - ENGINEERING SERVICES - AMENDMENT #13 - KIMLEY-HORN, INC. The Board reviewed a Memorandum of December 11, 2001: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. / Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Manage SUBJECT: Kings Highway Improvements Engineering Services Amendment No. 13 DATE: December 11, 2001 DESCRIPTION AND CONDITIONS Kimley-Horn, Inc. is under contract with Indian River County to provide professional engineering and surveying services for improvements to Kings Highway. The attached Amendment No. 13 provides for revising the design of Kings Highway south of Oslo Road. The County has been unable to acquire right-of-way for Kings Highway south of Oslo Road. The new alignment of Kings Highway is 50 feet west of the existing roadway and will not line up with the existing dirt road. The intersection of Oslo Road and Kings Highway will be redesigned to eliminate the south leg of the intersection. When the County obtains right-of-way in the future through purchase or a Developer's Agreement, Kings Highway will be continued south of Oslo Road. The dirt road on the west side of the Lateral "B" Canal will still be accessible from the south, but will dead end at Kings Highway. This existing dirt road is located within the Indian River Farms Water Control District (IRFWCD) right-of-way; there is no existing road right-of-way for Kings Highway south of Oslo Road. The proposed roadway revisions in Amendment No. 13 include elimination of the south leg of the Oslo Road/Kings Highway intersection and a gated driveway turnout for IRFWCD access to the canal. Any modifications to the Oslo Road/Kings Highway signal plans will be conducted under a separate work order. RECOMMENDATIONS AND FUNDING Staff recommends approval of Amendment No. 13 in the amount of $6,000.00. Funding is from Account 101-158-541-067.31 DECEMBER 18, 2001 -95- ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Adams, the Board unanimously approved Amendment No. 13 to the Engineering Services Agreement with Kimley-Horn, Inc. in the amount of $6,000, as recommended by staff. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.4. CONCRETE SIDEWALKS AT ROSELAND ROAD, FELLSMERE ROAD, AND OLD WINTER BEACH ROAD - CHANGE ORDER #1 - TIM ROSE CONTRACTING The Board reviewed a Memorandum of December 6, 2001: TO: James Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Di And Christopher J. Kafer Jr., P.E., County E FROM: Robert S. Skok, Civil Engineer f� 5 c SUBJECT: Concrete Sidewalks at Roseland Road, Fellsmere Road, and Old Winter Beach Road, Change Order No. 1 - IRC Project #0002, 9916, 9917 DATE: December 6, 2001 DECEMBER 18, 2001 -96- 'i 20 Ev i J The sidewalks referenced above are under constriction- The attached Change Order No. 1 is to increase the contract time by 25 days. The reason for the changes are as follows: Twenty one days are for the delay in Florida Power & Light relocating three power poles on Old Winter Beach Road and four days are being added for rain delays since the contract began on September 4, 2001. The original scheduled project completion is January 1, 2002. The proposed date will become January 26, 2002. The contract amount of $531,191.95 will not be altered with this Change Order. Alternative No. 1 - Approve Change Order No. 1 to increase the contract time by 25 days. Alternative No. 2 - The Board could decide not to approve Change Order No. 1. Staff recommends the board approve Alternative No. 1 to approve Change Order No. I to increase the contract time by 25 days. ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously approved Change Order No. 1 with Tim Rose Contracting, increasing the contract time by 25 days, as recommended by staff. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 18, 2001 It I w Ira 114 U —97— } 1� > The sidewalks referenced above are under constriction- The attached Change Order No. 1 is to increase the contract time by 25 days. The reason for the changes are as follows: Twenty one days are for the delay in Florida Power & Light relocating three power poles on Old Winter Beach Road and four days are being added for rain delays since the contract began on September 4, 2001. The original scheduled project completion is January 1, 2002. The proposed date will become January 26, 2002. The contract amount of $531,191.95 will not be altered with this Change Order. Alternative No. 1 - Approve Change Order No. 1 to increase the contract time by 25 days. Alternative No. 2 - The Board could decide not to approve Change Order No. 1. Staff recommends the board approve Alternative No. 1 to approve Change Order No. I to increase the contract time by 25 days. ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously approved Change Order No. 1 with Tim Rose Contracting, increasing the contract time by 25 days, as recommended by staff. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 18, 2001 It I w Ira 114 U —97— 1� ►It The sidewalks referenced above are under constriction- The attached Change Order No. 1 is to increase the contract time by 25 days. The reason for the changes are as follows: Twenty one days are for the delay in Florida Power & Light relocating three power poles on Old Winter Beach Road and four days are being added for rain delays since the contract began on September 4, 2001. The original scheduled project completion is January 1, 2002. The proposed date will become January 26, 2002. The contract amount of $531,191.95 will not be altered with this Change Order. Alternative No. 1 - Approve Change Order No. 1 to increase the contract time by 25 days. Alternative No. 2 - The Board could decide not to approve Change Order No. 1. Staff recommends the board approve Alternative No. 1 to approve Change Order No. I to increase the contract time by 25 days. ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously approved Change Order No. 1 with Tim Rose Contracting, increasing the contract time by 25 days, as recommended by staff. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 18, 2001 It I w Ira 114 U —97— 11.Ge5e JUNGLE TRAIL/PELICAN ISLAND WILDLIFE REFUGE PUBLIC IMPROVEMENTS — REQUEST FOR PARTIAL RELEASE OF RETAINAGE — BRAD SMITH ASSOCIATES The Board reviewed a Memorandum of December 7, 2001: TO: THROUGH; FROM: THROUGH: SUBJECT: James Chandler, County Administrator James W. Davis, P.E., Public Works Christopher J. Kafer, Jr., P.E., Count Michelle A. Gentile, C.E.T. A Jungle Trail/Pelican Island Wildlife Refuge Public Improvements IRC Project No. 9724 REQUEST FOR PARTIAL RELEASE OF RETAINAGE DATE: December 7, 2001 DESCRIPTION AND CONDITIONS Indian River County entered into a Professional Architectural Services Agreement with Brad Smith Associates, Inc. on May 23, 2000. The original compensation amount was $154,022.00. Two (2) amendments to the agreement have been executed which changed the compensation amount to $1935361.00. The Professional Architectural Services Agreement has been completed with the exception of bidding and construction phase services. The Consultant has received $169,429.51 to date with $18,825.49 (10%) retainage held by the County. The Consultant is requesting a partial release of retainage in the amount of $9,412.75 (which will leave the County with 5% retainage). The Professional Architectural Services Agreement does not cover partial release of retainage. The remaining 5% retainage will be adequate for any adjustments to the plans under the current scope of work. DECEMBER 18, 2001 -98- Pill : f j' F' U ALTERNATIVES AND ANALYSIS Alternative No. I - Approve the Consultant's request for partial release of retainage in the amount of $9,412.75. Alternative No. 2 - Deny the Consultant's request for partial release of retainage. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1. Funding to be from Account No. 315-214-541-067.94. ATTACHMENTS 1. Brad Smith Associates, Inc., Consultant's Request for Payment dated December 7, 2001. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Adams, the Board unanimously approved Brad Smith Associates' request for partial release of retainage in the amount of $9,412.75, as recommended by staff. DOCUMENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 18, 2001 -99- i1 i% ,'60 11.He BID 43082 — FOREST LAKE SUBDIVISION — TREASURE COAST CONTRACTING The Board reviewed a Memorandum of October 17, 2001: DATE: OCTOBER 17, 2001 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: W. ERIK OLSON DIRECTOR OF UTIL TY SERVICES PREPARED AARON J. BOWLES, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES /* SUBJECT: FOREST LAKE SUBDIVISION CONTRACT APPROVAL INDIAN RIVER COUNTY PROJECT NO. UW -00 -26 -DS BID NO. 3082 WIP NO. 473-000-169-501.00 BACKGROUND AND ANALYSIS On September 18, 2001, the Board of County Commissioners awarded Bid No. 3082 for the above - referenced project to Treasure Coast Contracting in the amount of $173,435.07. The Contractor has now signed the contract and has obtained all required bonding and insurance to perform the subject work. Staff now requests that the Board approve the attached contract. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Cornrnissioners approve the att,ached contract agreement with Treasure Coast Contracting in the amount of $173,435.07 and authorize chairman to execute same, as presented. � lr /JD DECEMBER 18, 2001 O-, . 0 ,} -100- 12. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Adams, the Board unanimously awarded Bid #3082 to Treasure Coast Contracting in the amount of $173,435.07 and authorized the Chairman to execute the contract, as recommended by staff. BID DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TION 2001 - AV FOR ADDITIONAL ROAD RIGHT-OF-WAY ON THE WEST F 58TH NORTH SIDE_ OF 5TH STREET SW, COUNTY PROJECT NO 8823, INDIAN RIVER COUNTY, FLORIDA TO BE A PUBLIC OSE TION OF NECESSITY: CEL 1:1 PURCHASE, OR EMINENT DOMAIN (LEGWEN) The Board reviewed a Memorandum of December 12, 2001: DECEMBER 18, 2001 -101- TION (1 V Z III L Paul G. Bangel, County attorney *Board Certified, City, County and Local Government Law William G. Collins II, Deputy CountyAttornev4 Marian E. Fell, Assistant CountyAttorney MEMORANDUM TO: The Board of County Commissioners FROM: (< iVilliam G. Collins II — Deputy County Attorney DATE: December 12, 2001 SUBJECT: Resolution Authorizing Acquisition of Additional Portion of Legwen Property The Board of County Commissioners by Resolution No. 96-64 authorized the acquisition of a portion of the Legwen property for Project No. 8823, the widening of 58th Avenue. That original 56 foot strip of property along King's Highway was acquired through eminent domain in September of 1997. Since the original taking, the King's Highway widening project has been redesigned at least twice. Current designs require an additional 40 -foot strip along Legwen's King's Highway frontage and a 50 -foot strip along Legwen's frontage on 5th Street, S.W. In late September, 2001 the County made a good faith written offer to Mr. Legwen in an attempt to negotiate purchase prior to filing eminent domain. No response has been received to date. In order to proceed with the project, the additional Legwen property must be acquired. Attached is a Resolution declaring the acquisition of the additional right-of-way to be a public purpose and public necessity, and authorizing the acquisition of the property by donation, purchase or eminent domain. RECOMMENDATION: Adopt the attached Resolution declaring the acquisition of the additional Legwen property to be a public purpose and public necessity, and authorizing its acquisition by donation, purchase or eminent domain. DECEMBER 18, 2001 -102- a.- ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously adopted Resolution 2001-134 declaring the acquisition for additional road right-of- way on the west side of 58`" Avenue (Kings Highway) and on the north side of 5" Street SW, County Project No. 8823, Indian River County, Florida, to be a public purpose and a public necessity; and authorizing the acquisition of said parcel by donation, purchase, or eminent domain (Legwen). RESOLUTION NO. 2001- 1 �4 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, DECLARING THE ACQUISITION FOR ADDITIONAL ROAD RIGHT-OF-WAY ON THE WEST SIDE OF 58TH AVENUE (KING'S HIGHWAY), AND ON THE NORTH SIDE OF 5TH STREET, S.W., COUNTY PROJECT NO, 8823, INDIAN RIVER COUNTY, FLORIDA TO BE A PUBLIC PURPOSE AND A PUBLIC NECESSITY; AND AUTHORIZING THE ACQUISITION OF SAID PARCEL BY DONATION, PURCHASE, OR EMINENT DOMAIN. WHEREAS, the safe, efficient and uninterrupted transportation of people and property from place to place on the County Road System of Indian River County is a matter of great concern to the people of the County; and DECEMBER 18, 2001 -103- f 011 ( L : U to l7 t t RESOLUTION NO. 2001- 134 WHEREAS, the elimination of safety hazards in existing and future transportation facilities within Indian River County is of utmost concern; and WHEREAS, it is beneficial and desirable that vehicular traffic within any transportation facility in developed or developing areas of the County has an adequate right-of-way to accommodate the roadway and its appurtenant facilities to decrease the likelihood of accidents and to increase the safety of travel within and upon such facilities; and WHEREAS, the County has completed the engineering design for the widening of 58th Avenue between Oslo Road and 16th Street; and for a bridge over the existing canal east of 58th Avenue at 5th Street, S.W.; and WHEREAS, the existing right-of-way of said road is inadequate for proper utilization by projected vehicular traffic volumes and requires additional traffic lanes and improved drainage facilities to reduce safety hazards and improve traffic flow; and WHEREAS, in order to construct safe roads the County has acquired additional right-of-way on the west side of the existing 58th Avenue and north side of 5th Street, S.W. road right-of-way as needed, except for the property described herein; and WHEREAS, the acquisition of a portion of this parcel for road right-of- way is essential to completion of the project and for the construction of safe roads; and WHEREAS, the aforesaid acquisition is in the best interest of the people of Indian River County and is reasonably necessary for a county and public purpose, to wit: for providing safe paved roads and drainage for citizens utilizing these streets; and DECEMBER 18, 2001 BillEr ll 1 2) -104- RESOLUTION NO, 2001- 134 WHEREAS, for the aforesaid reasons and purposes, Indian River County's acquisition of the fee simple absolute title to this parcel of real property is necessary; and WHEREAS, the specific parcel of real property that Indian River County needs to acquire for providing the safe paved roads is set forth in Attachment "A"; and WHEREAS, there are no known mobile homes on the property sought to be acquired, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby adopts and ratifies those matters set forth in the foregoing recitals. 2. Indian River County's acquisition of the fee simple absolute title to the parcel of real property described in Attachment "A" is hereby found and determined to be necessary for the aforesaid reasons, uses, and purposes with acquisition by eminent domain to be made as authorized by Sections 127.01 and 127.02, F.S. 3. The County Attorney, his assistant, or designee is hereby authorized to take whatever steps are necessary for Indian River County to acquire in its own name, by donation, purchase, or eminent domain proceedings (Chapters 73 and 74, F.S.), the fee simple absolute title to the parcel of real property described in Attachment "A". In acquiring the described parcel, the County Attorney, his assistant, or designee is authorized DECEMBER 18, 2001 r -105- RESOLUTION NO, 2001- 134 to prepare, in the name of Indian River County, declaration of taking, any and all papers or pleadings, or any other instrument or instruments. In acquiring these parcels the County Attorney, his assistant, or designee is further authorized to prosecute any lawsuit or lawsuits to final judgment, and to defend or prosecute, if necessary, any appeal, either interlocutory or final. 4. The County Attorney, his assistant, or designee is hereby authorized to take such further actions as are reasonably necessary to fully and completely accomplish the purposes hereinabove authorized and directed. 5. Prior to the institution of any suits filed by the office of the County Attorney or such other law firm or attorney selected, the Director of Public Works or his designee is authorized to negotiate for the purchase and sale of the property described in Attachment "A" and to bring back for further Board action the Agreement to consummate the sale to Indian River County or to bring offers from the owner to the Board. The Resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner Stanhri dQP , and, upon being put to a vote, the vote was as follows: DECEMBER 18, 2001 .106- RESOLUTION NO. 2001- 134 Caroline D. Ginn, Chairman Aye Ruth M. Stanbridge, Vice Chairman Aye Fran B. Adams - Aye KennethR. Macht Aye John W. Tippin ye The Chairman thereupon declared the resolution duly passed and adopted this 18th day of December , 2001. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B Caroline D. Ginn, Cha i an ATTEST:: Jeffrey K. Barton, Clerk Deputy -Cie k DECEMBER 18, 2001 .107- I 107 - APPROVED AS TO FORM AND LEGAL SUF�FpIIC�iENCYBY f4"o WILLIAM G. COLLINS II DEPUTY COUNTY ATTCRNEY -q to -SZ -S P�l)old OMO'MZol-BS :3-1Ij OMO OVOV u 'D U'E OZ uOIIoas a) o w �2U17 UOPOGS Jauao0 �F/L 3 a) o� _ a) UO w (AVAJ1401H S,ON/N) £'l9 08*0 o a o o co 0v Z — — 3 2017 ;ODJ1 _ oCD w -�- — — T- O u o w z ZOl 133aVd -(o c o`D c� Ln ol U �n W - a cnD J a... U Q O MMW o r c O: IMMMMM U U :2 Z O Nf' �O� � cna � O oTMMMMMM� � c: (n w Cj ) Z J J 0 W 00 Ln a En p N o V)- 0 ° LLI d� �W U o r A �+I U) •- o CL i� O0N w �} — n. \ e -$� o N rn '0 T'E E" 00 O O 0� m -0 EM" 1 p ,s•cZs --- 3 �Gt g9 O N o ME Eo h 0N of O N o � u _ O a N 01 o T� O .. O `. 0 O 7 O C N O O d N 0 3 (/7 U "N p 001 O a 00 0 w " N -o O ry a E0 O 'oLD T V O V7 ") OUOV7 'T Ln j OU �� N ELS d J I") O �. O ` e LL O W U)00 [O L S O N O O N L O .-7 -c Q ac EU) "� U p M pi N` O c N O p O N O FW -- 01 a m ` CP CO w U L '� N° T O O O .� O O _ 0 0 3 ,., N N _ _ O_ V) > O w Z .0 Z 0 0 0 0 F- p O Y 00 C O 0 0 L) Z O p1 "O Q) 00 Q O'er O O, C °'U if'1 •� o ` O CO O O ry ti N^ , N N c m J f� O O �.,U C p O O Fir 0 0) N Ol CO 0 o 'J p M C Z U EZ ` O `O U CO C7 N V nN� oma ° ain v O Q o O� U I OtnrU-) v pU0 Qa Q.�� W` N N O p •C O C Q !n O O` ?� CO Ln oa J Z °wOf oc,.av�y o ri o °'c c r. U,_ 0 c O W N (0 O O 0 O_ 0 0_0 yCy L N p O L0r O O O - -Q C—) p ... O M of U U DECEMBER 18, 2001 ATPEH'IINP "A" -108- 13.Asle CHAIRMAN CAROLINE D. GINN — RECONSIDERATION OF KENWOOD VILLAGE PEDESTRIAN SIDEWALK CONNECTION — CORAL WIND AND WALKING HORSE HAMMOCK The Board reviewed a Memorandum of December 12, 2001: TO: H .-Inorable Commissioner Caroline Ginn. Chairman Board of County Commissioners DLMRTAIENT HEAD CONCLRRENCE. Obert %I eating, AICP Community Development' irector j� /i FRONT: Stan Bol,no, AICP PlanninLj Director DATE: Dl.cmber 12. 2001 SUBJECT: Rc.onsideration of the Pedestrian S.de«alk Connection Betl,�een Kem%ood VitlaLye P.D. and Adjacent Subdivisions (Coral Wind and % alking Horse Hammock) After receiving a recent letter from residents of the Coral Wind subdivision (see attachment ;:1), � ou asked planning staff about the process for reconsidering the current requirement that the Kermood Village P.D. (Planned De%elopment) project provide a pedestrian sideecatk interconnection with existing street stub -outs in Coral Wind and Walking Horse Hammock. The pedestrian connection requirement %k as approved by the Board of Count% Con=ssioners at its November 13, 21)01 meeting. as part of its action to conditionally approve the Kenwood Village P.D. special exception request. At that meeting, staff recommended P.D. approval with the provision of the pedestrian interconnections- Staffs recommendation has not chan ed. Planning staff ha- coordinated with the County Anomer. s Office and determined that the Board mai reconsider the pedestrian interconnection requircment at its December IS. 2001 meeting. A: that time, the Board may vote to mod::% or delete it. If the Board votes to change the requirement, then staff can appro%e a P.D. plan modification that implements any action taken by the Board. DECEMBER 18, 2001 -109- rte r !1 tr l l f �J Chairman Ginn noted that the area residents are opposed to a pedestrian sidewalk connection. ON MOTION by Commissioner Macht, SECONDED by Commissioner Stanbridge, the Board unanimously approved the deletion of all pedestrian sidewalk connection provisions to Walking Horse Hammock and the Coral Wind Subdivisions while all other provisions of the Kenwood Village PD shall remain the same as approved on November 13, 2001, as recommended by staff. 13.A.2. CHAIRMAN CAROLINE D. GINN - CONGRESSIONAL REAPPORTIONMENT REGARDING CONGRESSIONAL DISTRICT 15, PROPOSED REMOVAL OF INDIAN RIVER COUNTY The Board reviewed a draft letter of December 17, 2001: DECEMBER 18, 2001 -110- 2 0 Pb Y 7 1 December 17, 2001 Senator Jack Latvala Chairman, Subcommittee on Congressional Reapportionment 4I2 Senate Office Building 404 S. Monroe Street Tallahassee, Florida 32399-1100 Dear Senator Latvala: It has come to my attention that you have proposed removing Indian River County from Congressional District 15, and I am writing to express my strong opposition to your proposal. Removing Indian River County from District 15 is in direct opposition to the residents and elected officials of this county, and it negatively changes the political composition of the district. There is sufficient population south of the border created by Reps. Weldon, Putnam, and Miller to create a new Congressional district in South Florida, so there is no sound reason to remove Indian River County from District 15. Additionally, Rep. Dave Weldon has served Indian River County for the last seven years, and he knows our communities and the issues that are important to us. Since we want him to continue as our representative in Congress, and your proposed map is not in the best interest of our community, and I strongly urge you to reconsider your proposal. Sincerely. <your namc> cc: Senator Datuel Webster Senator Bill Posey Senator Ken Pruitt Representative Stan Mayfield Representative Bob Allen Chairman Ginn stated that she had received a call from Dave Weldon's office informing her that Senator Latvala had introduced legislation to remove Indian River County from District 15. Representative Weldon visits here frequently and is very responsive to requests. We would not like to see Indian River County removed from Congressional District 15 and she asked for approval of a letter opposing such a move. DECEMBER 18, 2001 L1� 1 z.11 t1 7 7 L�.. -111- Commissioner Adams recommended that letters also be sent to Senators Posey and Pruitt and Representatives Mayfield and Allen alerting them to this legislation. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved letters to U.S. Senator Jack Latvala, Chairman, Subcommittee on Congressional Reapportionment; U.S. Representative Dave Weldon; Florida Senators Daniel Webster; Bill Posey; and Ken Pruitt; and Florida Representatives Stan Mayfield and Bob Allen in opposition to the removal of Indian River County from Congressional District 15. 13.B. VICE CHAIRMAN RUTH M. STANBRIDGE - UPDATES None, 13.E. COMMISSIONER JOHN W. TIPPIN - 2003-04 FLORIDA LAW ENFORCEMENT GAMES - INDIAN RIVER, ST LUCIE AND MARTIN COUNTIES - CO-SPONSORSHIP - DONATION OF $15,000 The Board reviewed a Memorandum of December 11, 2001: DECEMBER 18, 2001 -112- i iia 3"t7� MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: John Tippin DATE: December 11, 2001 RE: LAW ENFORCEMENT GAMES We have the opportunity to host the Florida Law Enforcement Games in 2003- 2004 along with Martin and St. Lucie Counties. It is a two-year commitment by the Games to be here. There are an estimated 5000-6000 participants. With their families and friends, approximately 11,000 people are expected to come to the area. The financial impact will be about $6 million per year. The cost to bring the Games to our area is $50,000. The three county area (Indian River, St. Lucie, and Martin) will host the Games. St. Lucie has committed $20,000 and Martin has committed $15,000. I am asking that we commit $15,000 to complete the commitment letter. That $15,000 will come out of Tourist Development contingency. This is a wonderful exposure for our County to seek those sports dollars. We have some great facilities that can be used for the competitions and some great overnight accommodations. The event will take place in June of each year. Commissioner Tippin commented that there will be an estimated impact on the local economy of $6,000,000 and the funds are available in contingency. Commissioner Macht stated that he had received word that we have been awarded the games and he expects written confirmation this week. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Macht, the Board unanimously approved a donation of $15,000 to the 2003-04 Law Enforcement Games with the understanding that Martin County has committed the sum of $15,000 and St. Lucie County has committed the sum of $20,000. DECEMBER 18, 2001 -113- 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. SAL CT The Chairman announced that immediately upon adjournment of the Emergency Services District Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 14. E None. NT TR There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:18 a.m. ATTEST: J. K. arton, Clerk Minutes Approved: Caroline D. Ginn, DECEMBER 18, 2001 .:� 41:4-