HomeMy WebLinkAbout12/4/2001(%
MINUTES ATTACHED
01
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
TUESDAY, DECEMBER 4, 2001 - 9:00 A.M.
County Commission Chamber
County Administration Building
184025 1h Street, Vero Beach, Florida 32960
COUNTY COMMISSIONERS
Caroline D. Ginn, Chairman District 5
Ruth M. Stanbridge, Vice Chairman District 2
Fran B. Adams District 1
Kenneth R. Ntacht District 3
John W. Tippin District 4
James E. Chandler, County Administrator
Paul G. Bangel County Attorney
Kimberly Massung, Executive Aide to BCC
Jeffrey K. Barton, Clerk to the Board
9:00 a.m. I. CALL TO ORDER BACKUP
PAGES
2. INVOCATION
3, PLEDGE OF ALLEGIANCE Comm. Caroline D. Ginn
4. ADDITIONS/DELETIONS TO THE AGENDA /
EMERGENCY ITEMS
1. Add Item 13.A.1., Report on Atlanta Trip Regarding District Environmental Protection Agency
Wastewater Treatment Excellence Awards (West Regional Wastewater Treatment Facility).
2. Add Item 13.A.2., Report on Trip to Tallahassee Regarding Gerstner and Summerplace DEP Seawall
Permits.
3. Add Item 13.A.3., Report on Trip to Tallahassee to Meeting of the Florida Communities Trust
Governing Board Regarding Lost Tree Islands.
5. PROCLAMATION and PRESENTATIONS
Presentation of Proclamation in Recognition of the Exchange
Club on its Fiftieth Anniversary 1
6. APPROVAL, OF MINUTES
A. Regular Meeting of October 16, 2001
B. Special Nleetin; of October 19, 2001
C. Regular Meeting of October 23, 2001
D. Regular Meeting of November 6, 2001
7, CONSENT AGENDA
A. Received & Placed on File in Office of Clerk to the Board:
Vero Lakes Water Control Dist. Revised Bu Uet fob FY . ,..,
Ending 09/30/02
7.
BACKUP
CONSENT AGENDA kont'd.l: PAGES
B. City of Sebastian copies of Resolution R-01-79 and
Ordinances 0-01-09, 0-01-10, and 0-01-18 regarding
the annexation by the City of the 80 -acre Davis
Planned Unit Development
(memorandum dated November 27, 2001) 2-21
C. Approval of Warrants
(memorandum dated November 15, 2001) 22-30
D. Resolutions Canceling Taxes on Properties Acquired
by the City of Sebastian for Future Public Park Use
(memorandum dated November 19, 2001) 31-44
E. Resignation of Anthony Gervasio from the Code
Enforcement Board
(memorandum dated November 27, 2001) 45-46
F. Appointments of Commissioners to Various
Committees for 2002
(memorandum dated November 27, 2001) 47-49
G. Miscellaneous Budget Amendment 001
(memorandum dated November 28, 2001) 50-54
H. Sequoia Voting Systems, Inc.
(memorandum dated November 28, 2001) 55-56
I. Bid Award: IRC #4027 Annual Bid for Street Sweeping
Services — Public Works Dept./Road and Bridge Div.
(memorandum dated November 14, 200 1) 57-71
J. IRC Bid #3074 Portable Emergency Generator
Trailers with Enclosures — Utilities Dept.
(memorandum dated November 15, 2001) 72-91
K. IRC Bid #4029 Replace Flooring at the South County
RO Plant — Utilities Dept.
(memorandum dated November 20, 2001) 92-105
L. Paul H. Freeman's Request for Final Plat Approval
for Hammock Lakes Phase II Planned Development
(memorandum dated November 20, 2001) 106-118
M. Request to Enter into a Public Transportation Joint
Participation Agreement with the Florida Department
of Transportation (FDOT)
(memorandum dated November 16, 2001) 119-141
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8. CONSTITUTIONAL OFFICERS and BACKUPPAGES
GOVERNMENTAL AGENCIES
None
9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDI-
NANCE AND THE ACCOMPANYING ZONING
MAP FOR t 1 ACRE, LOCATED AT 6600 OLD
DIXIE HIGHWAY, FROM CL, LIMITED COM-
MERCIAL DISTRICT, TO CH, HEAVY COM-
MERCIAL DISTRICT; AND DESCRIBED
HEREIN, AND PROVIDING SEVERABILITY
AND EFFECTIVE DATE
Wilson Masonry's Request to Rezone I Acre
from CL to CH (Quasi -Judicial)
(memorandum dated November 26, 200 1) 142-156
2. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDI-
NANCE AND THE ACCOMPANYING ZONING
MAP FOR ±50 ACRES, LOCATED BETWEEN 9TH
STREET, SOUTHWEST (OSLO ROAD) AND 13TH
STREET, SOUTHWEST (KELLY ROAD), ALONG
THE EAST SIDE OF 31 ST AVENUE, FROM RS -3,
SINGLE-FAMILY RESIDENTIAL DISTRICT (UP
TO 3 UNITS/ACRE), TO RS -6, SINGLE-FAMILY
RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE),
AND DESCRIBED HEREIN, AND PROVIDING
SEVERABILITY AND EFFECTIVE DATE
Jack Ravech and Others' Request to Rezone 50.3
acres from RS -3 to RS -6 (Quasi -Judicial)
(memorandum dated November 26, 2001) 157-175
3. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, REGARDING PLANNED DEVELOP-
MENT OPEN SPACE REQUIREMENTS, ANIEND-
ING THE FOLLOWING CHAPTER OF THE LAND
DEVELOPMENT REGULATIONS (LDRS); CHAP-
TER 915, OPEN SPACE STANDARDS; AND PRO-
VIDING FOR REPEAL OF CONFLICTING PRO-
VISIONS, CODIFICATION, SEVERABILITY AND
EFFECTIVE DATE
Request to Amend Section 915.18(1) of the Land
Development Regulations to Modify Open Space
Requirements for Commercial/Industrial P.D.
Zoning Districts (Staff -Initiated) (Legislative)
(memorandum dated November 15, 200 1) 176-185
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BACKUP
9, PUBLIC ITEMS (cont'd.):
Be PUBLIC DISCUSSION ITEMS PAGES
1. Request by Sidney W. Turner to make comments
regarding re -instatement of touch -screen voting
machine contract
(letter dated November 26, 2001) 186
2. Request by Fred Mensing to present data concern-
ing his civil, property, and constitutional rights
(letter dated November 26, 2001) 187
C. PUBLIC NOTICE ITEMS
Scheduled for Public Hearing on December 11, 2001:
Indeco Inc.'s request for special exception use approval
for an 18 -hole golf course project to be known as "Falcon
Trace". The subject site is bordered by 27`h Avenue SW
on the west, by 17`h Lane SW on the north, by 20`h Ave.
SW on the east, and by the county boundary line on the
south (Quasi -Judicial)
(memorandum dated November 27, 2001) 188
10. COUNTY ADMINISTRATOR'S MATTERS
None
11, DEPARTMENTAL MATTERS
A. Communitv Development
Request by Marvin Carter for the Board to Authorize
Staff to Process Ralph Lindsey's Affidavit of Exemption
Proposal
(memorandum dated November 19, 200 1) 189-201
Be Emeraencv Services
None
C. General Services
None
D. Leisure Services
None
E. Office of Nlanaaement and Budaet
None
F. Personnel
None
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BACKUP
11. DEPARTMENTAL MATTERS (cont'd.): PAGES
G. Public Works
1. Request from Ken Chestnut for County to Initiate
Forced Assessment for Paving 12`h Avenue S.W.
between Oslo Road (9th St. SW) and 8`h Street SW
(memorandum dated November 21, 200 1) 202-207
12,
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2. 43'd Avenue Widening and Drainage Improvements
Project #9601 — Developer's Agreement with
Carolina Trace, L.L.C.
(memorandum dated November 19, 2001) 208-218
H. Utilities
1. Indian River Drive Water Main Extension Off -Site
Utilities Construction Agreement —Approval of
Change Order No. 1 & Request for Final Payment -
(memorandum dated November 20, 200 1) 219-237
2. Developer's Agreement for Sea Crest Medical
Offices Water Main Construction
(memorandum dated November 14, 200 1) 238-253
3. Brine Concentrate Disposal Permitting North
County Reverse Osmosis Water Treatment Plant
(memorandum dated November 13, 200 1) 254-276
4. St. Johns River Water Management District
Alternative Water Supply Grant Application for
Elimination of Reverse Osmosis Concentrate
into the Indian River Lagoon
(memorandum dated November 16, 2001) 277-306
I. Human Services
None
COUNTY ATTORNEY
None
COMMISSIONERS ITEMS
A. Chairman Caroline D. Ginn
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13. COMMISSIONERS ITEMS (cont'd.):
BACKUP
B. Vice Chairman Ruth NI. Stanbridge PAGES
Updates
Co Commissioner Fran B. Adams
D. Commissioner Kenneth R. Macht
1. Comments regarding Lost Tree Islands
2. Comments - United Way Campaign
E. Commissioner John W. Tippin
14, SPECIAL DISTRICTSIBOARDS
A. Emer2encv Services District
None
B. Solid Waste Disposal District
None
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://bccLco.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.
Meetin,; broadcast same as above on AT & T Broadband, Channel 27 in Sebastian.
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6.A
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6.D
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
DECEMBER 4, 2001
CALL TO ORDER ....................... I ....................... Al
INVOCATION....................0............................. -1-
PLEDGE OF ALLEGIANCE ................ I ..................... A-
-
ADDITIONS TO THE AGENDA ........... I ....................... -2-
PROCLAMATIONS AND PRESENTATIONS ........................ -2-
Proclamation In Recognition Of The Exchange Club On Its Fiftieth Anniversary
......... ............ .... ....0..1 .... I ..... I............. -2-
APPROVAL OF MINUTES - OCTOBER 16, 2001
APPROVAL OF MINUTES - OCTOBER 19, 2001
APPROVAL OF MINUTES - OCTOBER 23, 2001
........1.00.1...... -4-
.................... 4-
.................... -5-
APPROVAL OF MINUTES - NOVEMBER 6, 2001 .......... I ......... -5-
DECEMBER 4, 2001
-1-
7. CONSENT AGENDA ............................................ -5-
7.A. Reports ................ .............. I ....... I............ -5-
7.B. City of Sebastian - Copies of Resolutions and Ordinances Regarding
Annexation by the City of the 80 -Acre Davis Planned Unit Development
......................................................... -6-
7.C. List of Warrants ......................... I ................. -21-
7.D. Resolution 2001-118 and Resolution 2001-119 Cancelling Taxes on
Property Acquired by the City of Sebastian for Proposed Public Park Use
(Giteles and Rowley Properties) .............................. -28-
7.E. Code Enforcement Board - Resignation of Anthony Gervasio ...... -42-
7.F. 2002 Committees - Appointments of Commissioners ............. -43-
7.G. Miscellaneous Budget Amendment #001 -46-
7.H. Sequoia Voting Systems, Inc. - Ratification of Contract ........... -50-
7.I. Bid #4027 - Annual Bid for Street Sweeping Services - Road and Bridge
Division - Charlie's Lawn Maintenance ....................... -51-
7.J. Bid 93074 - Portable Emergency Generator Trailers with Enclosures -
Utilities Department - JRS Custom Fabrications ................. -53-
7.K. Bid #4029 - Replace Flooring at South County RO Plant - Utilities
Department - Kra-Kel Enterprises d/b/a Jerry Smith Tile ........... -55-
7.L. Paul H. Freeman - Final Plat Approval for Hammock Lakes Phase II
Planned Development ...................................... -57-
7.M. Resolution 2001-120 Authorizing Public Transportation Joint Participation
Agreement with the Florida Department of Transportation (Council on
Aging - Community Coach - Public Transit Block Grant) .......... -59-
DECEMBER 4, 2001
:s 20
9.A.1. PUBLIC HEARING - ORDINANCE 2001-034 AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±1 ACRE
LOCATED AT 6600 OLD DIME HIGHWAY FROM CL TO CH (WILSON
MASONRY) (Quasi -Judicial) .................... 1 . 1 1 1 1......111.. -63-
9.A.2. PUBLIC HEARING - JACK RAVECH AND OTHERS - REQUEST TO
REZONE ±50 ACRES LOCATED BETWEEN 9"" STREET SOIJTHWESI'
(OSLO) ROAD) AND 13T" STREET SOUTHWEST (KELLY ROAD) ALONG
THE EAST SIDE OF 31sT AVENUE FROM RS -3 TO RS -6 (CLARK
DEVELOPMENT CO.) (Quasi -Judicial). ...... I . -76-
9.A.3. PUBLIC HEARING - ORDINANCE 2001-035 REGARDING PLANNED
DEVELOPMENT OPEN SPACE REQUIREMENTS, AMENDING THE
FOLLOWING CHAPTER OF THE LAND DEVELOPMENT REGULATIONS
(LDRS); CHAPTER 915, OPEN SPACE STANDARDS
(COMMERCIAL/INDUSTRIAL PD "ZONING - FORMER VERO MALL SITE)
(Legislative) 1.111 .1.1..1.1.1.1.1.1.1.1.1....1.1.111.1.......... -91-
9.B.I . PUBLIC DISCUSSION ITEMS - SIDNEY W. TURNER - REQUEST 'I'O
COMMENT ON REINSTATEMENT OF TOUCH -SCREEN VOTING
MACHINE CONTRACT ............... 1 1 1 .. , 1 1 1 1 ...... 0. 1. 1. 1 ... -98-
9.13.2. PUBLIC DISCUSSION ITEMS - FRED MENSING - REQUEST TO PRESENT
DATA CONCERNING HIS CIVIL, PROPERTY AND CONSTITUTIONAL
RIGHTS...................................................... -99-
DECEMBER 4, 2001=i s
-3.
9.C. PUBLIC NOTICE ITEMS - SCHEDULED FOR PUBLIC HEARING ON
DECEMBER 11, 2001 -100-
Indeco, Inc. - Request for Special Exception Use Approval for an 18 -Hole
Golf Course Project to be known as "Falcon Trace„ - Site Bordered by 27th
Avenue SW on the West, by 17`h Lane SW on the North, by 20" Avenue
SW on the East, and by the County Boundary Line on the South ... -100-
I I .A. RALPH LINDSEY - REQUEST BY MARVIN CARTER TO
AUTHORIZE STAFF TO PROCESS AN AFFIDAVIT OF EXEMPTION
REQUEST FOR AN AGRICULTURAL PD .................. -102-
I I.G.1. KEN CHESTNUT - REQUEST FOR COUNTY TO INITIATE FORCED
ASSESSMENT PAVING FOR 12TH AVENUE SW BETWEEN OSLO
ROAD (9T" STREET SW) AND 8T11 STREET SW .............. -104-
I I .G.2. 43RD AVENUE WIDENING AND DRAINAGE IMPROVEMENTS -
PROJECT 49601 - DEVELOPER'S AGREEMENT WITH CAROLINA
TRACE, LLC ........................................... -107-
11.H.1. INDIAN RIVER DRIVE WATER MAIN EXTENSION OFF-SITE
UTILITIES CONSTRUCTION AGREEMENT - CHANGE ORDER #1
AND REQUEST FOR FINAL PAYMENT -NANCY T. MOON, -108-
DECEMBER 4, 2001
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I I.H.2. SEA CREST MEDICAL OFFICES WATER MAIN CONSTRUCTION -
DEVELOPER'S AGREEMENT WITH VANCE HOUDYSHELL OF
EDDY GROUP, INC ...................................... -110-
I I.H.3. BRINE CONCENTRATE DISPOSAL PERMITTING - NORTH
COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT -
CAMP DRESSER MCKEE WORK AUTHORIZATION #19 ..... -112-
I I.H.4. ST. JOHNS RIVER WATER MANAGEMENT DISTRIC1 -
ALTERNATIVE WATER SUPPLY GRANT APPLICATION FOR
ELIMINATION OF REVERSE OSMOSIS CONCENTRATE INTO THE
INDIAN RIVER LAGOON (NORTH COUNTY REVERSE OSMOSIS
PLANT REROUTE BRINE CONCENTRATE) ................ -1 14-
13.A.1. CHAIRMAN CAROLINE D. GINN - REPORT ON ATLANTA TRIP
REGARDING DISTRICT ENVIRONMENTAL PROTECTION
AGENCY WASTEWATER TREATMENT EXCELLENCE AWARDS
(WEST REGIONAL WASTEWATER TREATMENT FACILITY)
.............................0........I................ -117-
13.A.2. CHAIRMAN CAROLINE D. GINN - REPORT ON TRIP TO
TALLAHASSEE REGARDING GERSTNER AND SUMMERPLACE
DEP SEAWALL PERMITS ................................ .117 -
DECEMBER 4, 2001
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13.A.3.
13.13
13.D.1
13.D.2
IE�M
14.13
14.0
CHAIRMAN CAROLINE D. GINN - REPORT ON TRIP TO
TALLAHASSEE TO A MEETING OF THE FLORIDA COMMUNITIES
TRUST GOVERNING BOARD REGARDING LOST TREE ISLANDS
....................................................... -118-
VICE CHAIRMAN RUTH M. STANBRIDGE - UPDATES -
STORMWATER
..................................0..................0. -122-
COMMISSIONER KENNETH R. MACHT - LOST TREE ISLANDS
....................................................... -122-
COMMISSIONER KENNETH R. MRCHT - UNITED WAY
CAMPAIGN ............................................ -123-
EMERGENCY SERVICES DISTRICT ....................... -123-
SOLID WASTE DISPOSAL DISTRICT ...................... -123-
ENVIRONMENTAL CONTROL BOARD .................... -123-
DECEMBER 4, 2001
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December 4, 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`x' Street, Vero Beach, Florida, on
Tuesday, December 4, 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
Commissioner Tippin delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Ginn led the Pledge of Allegiance to the Flag.
DECEMBER 4, 2001
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4. ADDITIONS T() THE AGENDA
Chairman Ginn requested 3 additions to today's Agenda:
1. Item 13.A.1., Report on Atlanta Trip Regarding District Environmental
Protection Agency Wastewater Treatment Excellence Awards (West Regional
Wastewater Treatment Facility).
2.Item 13.A2., Report on "Drip to Tallahassee Regarding Gerstner and
SumYnerplace DEI' Seawall Permits.
3, Item 13.A.3., Report on Trip to Tallahassee to Meeting of' the Florida
Communities Trust Governing Board Regarding Lost Tree Islands.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously made the above changes to the
Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
PROCLAMATION I1V RECOGNITION 0,r THE EXCHANGE CLUB ON ITS
FIFTIETH ANNIVERSAR Y
The Chairman presented the following Proclamation:
DECEMBER 4,200t
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IN RECOGNITION OF THE EXCHANGE CLUB
ON ITS FIFTIETH ANNIVERSARY
WHEREAS, on December 12, 1951, a group of sixty-three dedicated businessmen
met at the Parkway Hotel to form the Exchange Club of Vero Beach, in order to help make
the community they lived in a better place through programs of service in Americanism; and
WHEREAS, that purpose and their patriotic passion continues today through a
variety of community service projects and youth activities, most notably Proudly We Hail,
One Nation Under God, The Freedom Shrine and Give A Kid a Flag to Wave. For years,
club members have handed out hundreds of flags during Labor Day and Christmas parades,
and this year after the September 11'h terrorist attack on our country, they gave out 2,000
flags; and
WHEREAS, some of the early projects undertaken were the Volunteer Ambulance
System, the Sunshine Center for Crippled Children (now the Sunshine Center Physical
Therapy Clinic) and a dental clinic for children; and
WHEREAS, today the Exchange Club honors an 'Officer of the Quartet" from the
Vero Beach Police Department and sponsors the Fire Prevention Poster contest along with
the Fireman's Association. The Exchange Club began its first Christmas tree sales in 1952,
and the first funds went to the Sunshine Center for Crippled Children, and since that time,
over $400,000 has been raised for youth scholarships, Youth Guidance activities and child
abuse prevention. The Exchange Club helped establish the first center for the prevention of
child abuse in 1981.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board congratulates the
Exchange Club of Vero Beach on its Fiftieth Anniversary.
ay of December, 2001.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
willown i 1, l nn 1 1 1 11 1 111 wI l l 1 1 111 1 I III 111 N I I Ip 1 l lie nl 11 11 1 11 1 I l i
Judy Landgrave, President of the Exchange Club, thanked the Board for the
recognition and noted that the Christmas tree sale is their major fiend raiser for the year and
that all funds raised stay in this community.
DECEMBER 4, 2001
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6.A. APPROVAL OF MINUTES - OCTOBER 16, 2001
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of October 16. 2001. There were none.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously approved the Minutes of the
Regular Meeting of October 16, 2001, as written.
6.B. APPROVAL OF MINUTES - OCTOBER 19, 2001
The Chairman asked if there were any corrections or additions to the Minutes of the
Special Meeting of October 19, 2001. There were none.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously approved the Minutes of the
Special Meeting of October 19, 2001, as written.
DECEMBER 4, 2001
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6.C. APPROVAL OF MINUTES - OCTOBER 23, 2001
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of October 23, 2001. There were none.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously approved the Minutes of the
Regular Meeting of October 23, 2001, as written.
6.D. APPROVAL OF MINUTES - NOVEMBER 6, 2001
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November 6, 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 6, 2001, as written.
7. CONSENT AGENDA
7.A. REPORTS
The following report has been received and is on file in the office of the Clerk to the
Board:
DECEMBER 4, 2001
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Vero Lakes Water Control District Revised Budget for FY Ending 09/330/02
7.B. CITY OF SEBASTIAN - COPIES OF RESOLUTIONS AND ORDIA'ANCES
REGARDING ANNEXATION BY THE CITY OF THE 80A CRE DAVIS
PLANNED UNIT DEVELOPMENT
The Board reviewed a Memorandum of November 27, 2001:
MEMORANDUM
CLERK TO THE BOARD
1840 25t' Street,
Vero Beach, FL 32050
501-507-8000
PJ Jones - Extension 1430
To: Board of County Commissioners
Date: November 27, 2001
Re: SO -Acre Davis Planned UnA Devetopmen(, City of Sebastian
Ariached tur your information rmation are copies of'the City c f Sebastian's Resolution R-01-"4
and On_ ranccs No 0-'] -09. 0-01 -1 C', and 0-01 -1 S re ;ardina the annexation of the
captioned property.
DECEMBER 4, 2001
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HOME OF PELICAN ISLAND
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1225 Main Street, Sebastian, Florida 321358
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November 16, 2001
Mr. James Chandler
Indian River County Administrator
1840 25" Street
Vero Beach, FL 32960
Dear Mr. Chandler:
Enclosed please find certified copies of Resolution No. R-01-79, and Ordinance Nos.
0-01-09, 0-01-10, and 0-01-18. The resolution corrects the legal description
contained within each of the ordinances. The ordinances annexed land, amended the
land use plan, and rezoned approximately 80 acres known as Davis Planned Unit
Development.
If you have any questions, please do not hesitate to contact me at (561)589-5330.
Sincerely,
Sally A. Maio, CMC
City Clerk
Enclosures
cc: City Manager
City Attorney
Growth Managment Director
RExCE1117 17
NOV 2 'i 2QO1
CLERK TO TeLE 60 D
Copies to: Property Appraiser, Tax Col Lector, County Attorney
Planning, Budget
DECEMBER 412001
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I, Sally A. Maio, do hereby certify that the attached is a true and correct copy of Resolution
No, R-01-79.
A RESOLUTION OF THE CITY OF SEBASTIAN. FLORIDA, DIRECTING CITY
CLERK TO CORRECT SCRIVENER'S ERROR CONTAINED IN ORDINANCES
0-01-09, 0-01-10AND 0-01-18 PROVIDING FOR CONFLICT, PROVIDING FOR
EFFECTIVE DATE
I hereby affix my signature this 16th day of November, 2001.
Sally A�ffiio, CMC;
City Clerk
City of Sebastian
RESOLUTION NO. R-01-79
A RESOLUTION OF THE CITY OF SEi3ASTLArN, FLORIDA,
DIRECTING CI'T'Y CLERIC TO CORRECT SCRIVEIN7 R'S ERROR
CONT.AU ED IN ORMNANCES 0-01-09, 0-01-10 N.NI? 0-01-18;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE D�TE.
'WHEREAS, the City of Sebastian in recent months enacted Ordinances 0-01-09,
0-01-10, and 0-01-18 processing the annexation, land use designation and zoning
classification of an eighty acre enclave in Section 18, Township 31 South, Range 39 East
known as the Davis Parcel, and
'WHEREAS, throughout the public notice and public hearing process an accurate
map arid survey containing the correct legal description of said property was utilized, and
WHEREAS, the applicant had inadvertently transcribed the legal description
incorrectly on the application for these various City actions, and this scrivener's error was
then perpetuated in the legal description utilized in the text of the final adopted form of
said Ordinances; and
WHE R -E AS, the City Council of the City of Sebastian hereby fords that fair and
full notice was provided to the public and to our sisterjtnisdictions through the utilization
of the correct maps and surveys for the subject parcel, that all parties involved fully
understood tie correct and actaal location t;1at v�a t?,e ;t.lbject trf these proceedings, and
DECEMBER 4, 2001
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that the inclusion of the single incorrect term in the legal description contained in *l.ese
Ordinances was a mere scrivener's error whjch r suited in no prejudice to the parties or
public, and
WHEREAS, [he City Council of the City of Sebastian deterrtuncs that it would be
in the public interest to direct the City Clerk to prepare corrected copies of said
Ordinances to eliminate the scrivener's error;
NO'v'6 TIIEREFOI2E, BE IT RESOLVED BY TILE COIjNCIL OF THE
CITA' OF SEBASTL-.N, as follim.vs
Section 1. COJMECT'ION OF ORDINANCE 0-01-09. The City Clerk of
the Citr of Sebastian is hereby directed to prepare and distribute a corrected ver of
Ordinance 0-01-09 removing the scrivener's error such that Section I thereof shall read
as foliows.
Section 1. AFFECTED PROPERTY. ne amendment to the
Gompi-chen,sive Plan Future Loral Use Uap adopted by this Ordinance shall
tweet the foiloi-vrng described real property, ncnv lying and bean; within the
nwrporated Ire . of tine City of Seiastitnn, Indicin River C`ozinty, Florida:
Tlie Pest % of the A'ortheast of Section 18, Township 31 South,
Range 3ti East in Indian River County, Florida.
Section ? CORRECTION OF ORDUN. NCE 0-01-10. The City Clerk
of the City of ,Sebastian is hereby directed to prepare and distribute a corrected version of
Ordinance 0-01-10 removing the scrivener's error such that Section I thereof stroll recd
as follows.
Secxian 1. PROPERTY: Tile change in .:owing classification created
b}1 the adoption of this orriinunce shall affect the folloHlrng described real
property now Iving and being= within the incorporated cirea of the City of
Sebastian, Indian River Countv, Florida:
The YGest 1/1
of the Xortheast !; of Section 18, Township 31 South,
Range 39 East in Indian River County, Florida.
Section 3. CORRECTION OF ORDrNA-NCE 0-01-18. The City Clerk
of the City of Sebastian is hereby directed to prepare and distribute a corrected version of
Ordinance 0-01.-18 removing the scrivener's error such that `,lection 1 thereof shall read
as follows
section 1. PROPERTY. 71ae f011owl-T7,9 Lfescrz5ed properr,: now Iving
cziid beung In an zuuncorporated area of Indian River r"'ounty, Floi-zukz, is
DECEMBER 412001
-9-
hereby annexed into the City of Sebastian, Florida, and the boundary lines of
said City are hereby redefined to include said real property:
The GYest 114 of the Northeast % of Section 18, Township 31 South,
Range 39 Fart in Indian River County, Florida- Containing 80 acres
more or less
Section 4. CONFLICTS
conflict herewith are hereby repealed.
Section 5. EI±FECTIVF DATE_
is -unediately upon its adoption.
All resolutions or pau-ts of resolutions in
This resolution shall take effect
Thc: foregoing Resolution was moved for adoption by Councilmember Barezyk
The motion was seconders by Councilmember Hill and, upon being put into
a vote, the vote was as follows_
Mayor Walter Barnes aye
Councilmember Joe Barczyk aye
Councilmember James Hill aye
Councilmember Edward J. Matcher, Jr. aye
Councilmember Ray Conagfio aY"
"1 He Mayor thereupon declared this Resolution duly passed and adopted this 14th day of
November, 2041.
ATTEST.
Sally A./Maio, ('MC;
City Clerk
CITY OF SEBASTIAN, FLORIDA
By: tNGXTAI) t>n x O
Mayor Walter Barnes
APproved as to form and legality for
reliance by the City of Sebastian only
I �-'(-)-k',--A -
Rich Stringer, City Attc tev
DECEMBER 4, 2001,, f;
MAIO
I, Sally A. Maio, do hereby certify that the attached is a true and correct copy of Ordinance
No. 0-01-09, as originally adopted on August 8, 2001, readopted on September 12, 2001
and corrected by adoption of Resolution No. R-01-79 on November 14, 2001.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENTTO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE
LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF
MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNA TION AS LOW DENSITY RESIDENTIAL, 6 UNITS
PER ACRE (L-2) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR
LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR
EFFECTIVE DATE.
I hereby affix my signature this 16th day of November, 2001.
Sally A. M'aic, CMC
City Clerk
City of Sebastian
ORDINANCE NO. 0-01-09
AN ORDINANCE OF THE CITY OF SEBASTLAN, FLORIDA,
APPROVING AN AVIENDNfENT TO THE CONIPI:EHENS1VT PLAN
WHICH A FENDS THE FUTURE LA�ND USE NLA P TO DESIGNATE
INITIAL LAND USE CLASSIFICATION OF NIEDRTNt DENSITY
RESIDENTLA.L (MDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION AS LOW DENSITY
RESID.ENTLXL, 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING
OF EIGHTY (8()) ACRES, NIORE OR LESS, BEING A PART OF
SECTION 18, TOWNSHIP 31, RANGE 39; AUTIIORIZLNG FINDINGS
AND ADTNITNISTPATIVE ACTIONS: PROVIDING FOR COi\FLICTS;
PROVZDLNG FOR SENTRABILITY; AND PROTVTDLNG FOR
EFFECTIVE DATE.
` 1J_EREAS, the City Council has considered the application of Brian Davis for an
amendment to designate an initial land use for certain property considered for annexation from its
existing County Future Land Use Map designation of 1,-2 (Low -Density Residential, 6 units per
acre) to MDR (Medium Density Residential) in the City; and
DECEMBER 4, 2001
-11-
Pit r 1
to
U i $ r L.. '..+ i i.�
Wl3EREAS, the City Council has considered the criteria identified ir. Section. 30A -11.8(c)
of the Land Development Code and Florida Statutes together with the findings and
ecommendations of its staff and the Planning and Zoning Conunission; and
WHEREAS, the City Council has provided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input, and
WHEREAS, the City Council has considered the applicable provisions of the existing
Comprehensive Land Use Plan, and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Land Use Plan, are consistent with the exist nv, comprehensive plan and the future
development goals of the Citv of Sebastian.
NOW, THEREFORE', BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan
Future Land Use Map adopted by this Ordinance shall affect the following described real property,
now lying and being within the incorporated area of the City of Sebastian, Indian River County,
Florida:
Iut
The West'; .. of the North�t 1/4 of Section 18, Township 31. Range 34 &1sr
in Indian River County; Florida.
.-CpIL iI.`i �i,/%Q,J/-%I'I_(i%
IC L%iL ul
Section Z. DESIGNATION. The Comprehensive Plan Future Land Use Map
shall be amended to include and designate MDR (Medium Density Residential) for the
afTected property as described in Section 1, above
Section 3. TRANSMITTAL, The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3) 1 S4(3) upon passage at fust
reading, and proceed herewith in accordance with the provisions of Fla. Stat Chapter 163.
Section 4. CONFLICT All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 7. SEVERABIITI I'. In the event a court of competent Jurisdiction
shall hold or deter=;rilt that any part of this Ordinance is invalid or unconstitutional, the
remainder o.` the Ordinance scall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid or unconstitutional provision, thereby
caushlu said remainder to remain in f;,I? force and effect.
Section 6, EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the `Florida Department of Community
cif rrs hiding the anienilment herein in conipli,ince and annexal;cin of the properr., into the
cumurate limits of -the Ciry a£ Sebastian
DECEMBER 4, 2001
-12-
n ti
1
`r y ..,
i.e .'�
p r 1.7
iii
PASSAGE UPON FIRST READING'.
The foregoing Ordinance was moved for passage upon first reading this I Ith day of
April, 2001, by Councilmember 61Lcy0 The motion was seconderscy
Councilmerrber1{ t aid, 1pc�n beL�a put to a vote, the vote was as
i
mdows:
Mayor Walter Barnes
Vice-_Ntayor Ben A. Bishop
Counci1member Joe Barczyk
Counciir:,iember Edward J Majcher, Jr
CounciInlember James A. Hill
Ar,
Sally A. M CMC
City Clerk
ADOPTION
Tk e foregoing flrd:narce was moved for adoption by CounciEr:ember Marc z IV
The motion was seconded by Councdmemher ma jc?:er and, upon being put to
a vote, the vote was as follows:
Mayor Walter Barnes
Vice -Mayor Ben A. Bishop
Counciltnember Joe Barczyk
Counciirnember Edward J Majcher, Jr
Courc;L ember James A. ?iiil
ave
absent
aye
aye
aye
The Mayor thereupon declared t'rus Ordinance duly passed and adopted this 8th
day of August 2001.
ATTT�s'
sany _ N2;a, CLIC
City Clem
DECEMBER 4 2001
CITY OF S.EBASTLLN, FLORIDA
By:
i�Iayor Falter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only-
� <I�
Rich Stringer, City Att?orney
-IJ-
UPON REITEA_ Il G AND RECONSIDERATION,
Upon direction of the State of Florida Department of Community Affairs, Ordinance
0-01-09 was readvertised for public hearing and reheard this 12a' day of September, 2001,
following adoption of Ordinance 0-01-21 amending the Comprehensive Plan to enact
school siting criteria, whereupon the following action was taken by City Council:
The foregoing Ordinance was again moved for adoption by Councilmember
Bishop The motior was seconded by Councilmember
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes aye
Vice -Mayor Ben A. Bishop aye
Councilmember Joe Barczyk absent.
Councilmember Edward I. Majeher, Jr. aye
Councilmember James A. Hill aye
Hill and,
The Mayor thereupon declared this Ordinance duly passed and adopted this 12a' day of
September, 2001.
ATTEST:
ST:
Sally Aaio, CMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
By Uv Ori7�,rs_t.s,�4,a
Mayor Walter Barnes
Approved as to form and legality for
i eliance by the City of Sebastian only
Richtringer, City �Atrey
G,
DECEMBER 4, 2001 _°
-14-
I, Sally A. Maio, do hereby certify that the attached is a true and correct copy of Ordinance
No. 0-01-10, as adopted on August 8, 2001 and effective upon adoption of Ordinance No.
0-01-09 on September 12, 2001, and corrected by adoption of Resolution No. R-01-79 on
November 14, 2001.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN
INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT
RESIDENTIAL (PUD -R) FOR ANNEXED LAND WITH A PRIOR COUNTYZONING
DESIGNATION AS AGRICULTURE (A-1) FOR LAND CONSISTING OF EIGHTY
(80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31,
RANGE 39; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CGNFL ;CT THEREWITH; PROVIDING FOR SEVERABILITY,
AND PROVIDING FOR AN EFFECTIVE DATE
I hereby affix my signature this 16th day of November, 2001.
--S'aily A. Maio, CMC
City Clerk
City of Sebastian
ORDLNrA.NCF+: NO. 0-01-10
AIN ORDLNA-SCE OF THE CITY OF SEEASTL-QN7 FLORIDA,
DESIGYAIING AN LNa'FIA , ZONING CLASSIFICATION OF PLA.:N�NED
UNIT DEV7ELOPINIENT I.ESIDENTIA1 (PUD -R) FORINNYEY' ED LAND
Wn7H A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE
(A-1) FOR LAND CONSISTLNG OF EIGH'rY (80) ACRES, :4IORE OR LESS,
PErINTG A PART OF SECTION 19, TOWNSHIP 31, KA NGE 39; PROVIDE G
FOR REPEAL OF ORDINANCES OR PARTS OF ORDIN,,4LNCES LINT
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR A.N EFFECTTyTE DATE.
WHEREAS, Brian Davis has pled a petition for amendment to the Zoning Ordinance, and
WHEREAS, the City Council has provided notice of the proposed zoning chan.Te and
conducted a public hearing to receive citi .en input, and
WHEREAS, the Ciy Council of _he Ci.,; of Serastian_. r:orida, has considered the criteria
dent' ed r, the wand ; �eveiapment Code to(yether witnthe recommended findings and
recommendations or its staff and Planning and Zoning Commission; and
WHEREAS, the City Council as made the fallowm1LT Endings:
A. The araposed use is consistent with he aoa s, object=.ves and o&,er eiernents of the
Comprehensive ; ,and Case Pian.
DECEMBER 4, 2001
-15-
B The proposed use is i -n confonnit,r with the substantive requirements of the City of
Sebastian; Code of Ordinances, particularly the Land uevelopment Code.
C. The proposed use is not in conflict with the public interest of the citizens of the City of
Sebastian.
D The proposed use is compatible with adjacent land uses.
E adequate pubLc facilities and services exist in the City to serve the proposed use and the
demand for such use will
not
exceed
the capacity
for such
services
and facilities.
F. The proposed change in
use
will not
result in any
adverse
impacts
on the natural
envirol :lent.
G. The proposed use will not adversely affect the property values in the area, or the general
health, safety and welfare of the City or have an adverse impact on the financial
resources of the City.
H. The proposed use will result in an orderly and local development pattern.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COLir'TY, FLORIDA, as follows:
Section 1. PROPERTY. The change in zoning classification created by the adoption
of this ordinance shall affect the following described real property, now lying and being within
the incorporated area of the City of Sebastian. Indian River County, Florida:
.;?Lint- F
The West !-2 of the Northw,�&t',e of Section 18, Township 31', Range 39'in
Indian River County, Florida.
Section 3. DISTRICT. The real property described in this Ordinance is hereby given
an initial City zoning designation of Planned Unit Development Residential (PUD -R) in
accordance with the attached Conceptual Development Plan, including the four conditions
recommended by the Planning & Zoning Commission, from the previous County zoning of
Agriculture (A-1).
Section 3. ZONING MAP. The official City Zoning Map shall be amended to
include the subject property and reflect this designated zoning district.
Section 4.
hereby repealed.
Section 5,
CONFLICT. All ordinances or parts of ordinances in conflict herewith are
SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, t :e remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain ain in fulls for::e and
effect.
DECEMBER 4, 2001
-16-
P111
•4 ##`� • j h� +�
fel i
Section 6. EFFECTIVE DATE. F odowing its adoption and authentication by the
signatures of the presiding oEcer and the Clerk of the City Council, this Ordinance shall become
effective concurrent with the effective date of Orlin nce C-0':-09.
The foregoLne.T Ordinance was moved for adopt:or. by Couac.ir e :bei
Hi 1 r
1 T: e n otion was seconded by Counc irrember ia_ ezy and
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes a v e
Vice -Mayor Ben A. Bishop absent
Counciirnernber Joe Barczyk cVe
Counc=ern: t-, Edward J Majcher, Jr aye
Cauncc . nber Ja ..es HIE ave
The Mavor thereupon declared this Ordinance duly passed and adopted this 8th
August 2 G i.
ATTEST.
Sally A.. Maio, CMC
City Clerk
DECEMBER 4, 2001
CITY OF SEBASTLkN, FLORMA
I � e, 5-
Mayor Waiter Barr:es
Approved
as to form and legality
for
reliance
oy
the City of Sebastian
only
� C� � --
Rich Stnnger, City AttorSi y
day of
f � J � t�
Eli � i L.. t
O
I, Sally A. Maio, do hereby certify that the attached is a true and correct copy of Ordinance
No. 0-01-18, as adapted on August 8, 2001 and effective upon adoption of Ordinance No.
0-01-09 on September 12, 2001, and corrected by adoption of Resolution No. R-01-79 on
November 14, 2001,
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE
VOLUNTARY ANNEXATION OF EIGHTY f80) ACRES, MORE OR LESS, BEING
A PART OF SECTION 18, TOWNSHIP 31, RANGE 39 PROVIDING FOR INTERIM
LAND USE AND ZONING CLASSIFICATIONS; PROVIDING FOR CONFLICT,
PROVIDING FOR AN EFFECTIVE DATE.
I hereby affix my signature this 16th day of November, 2001.
Sally A. N�io, CMC
City Clerk
City of Sebastian
ORDINANCE NO. 0-01-18
AN OP.DI.NANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR TIIE VOLUNTARY ANNEXATION OF EIGHTY
(80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18,
TOWNSIEP 31, RANGE 39 PROVIDING FOR INTER1,N/1 LAND USE
AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, all owners of the pare::; of property described herein have petitioned
the City far voluntary annexation of said land and due public notice of this action has
been given; and
WHEREAS, the City Council finds ar,d determines that the ]and proposed to be
annexed is contiguous to the City, will not result in the creation of any enclaves, and
constitutes a reasonably compact addition to the incorporated territory of the City; and
WHEREAS, the City Council of the City of Sebastian, Florida, finds and
determines that the annexation of said parcel is in the best interest of the City;
NOW THEREFORE, BE IT ORDAINED BY TILE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
DECEMBER 412001
kd J i
_l�_
Section 1. PROPERTY. The following described property now lying and
being in an unincorporated area of Indian River County, Florida, is hereby annexed into
the City o: Sebastian, Florida, and the boundary lines of sad City are hereby :cdef ned to
include said real property:
The West'i: of the Northioles '/4 of Section 18, Township H Range
39 in Indian River County,rFlomia. Containing 80 acres more or less C
f4L�J n.
J�C.
Section 2. INITIAL LAND USE ANT ZON;L G CLASS IFI CATIONI
The interim land use and zoning classifications for .his property in accordance with state
law, consistent with both the existing County and City Comprehensive Growth
Management Plans, shall be Planned Unit Development Residential (PUD -R).
Section 3. FILING. A certified copy of this ordinance shall be filed with
tl:e C'.erk of he Cir:, I Cour as well as ., e Char .an of the County Commission of
Indian River County, Florida, and with the F,orida Department of State within seven days
of adoption.
Section 4. CONTLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section S. EFFECTI`T DATE. Following its adoption, this Ordinance shall
become effective concurrent with the effective date of Ordinance 0-01-09.
The foregoing Ordinance was moved for adoption by Councilmember
Barczyk The motion was seconded by Councilmember
Ma jcher and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes eve
absent
Nlayor Ben A. Bishop
Councilmember Joe Barczyk aye
Councilmember Edward J. Nlajcher, Jr. aye
Councilmember Jaynes Hill aye
The ;Mayor thereupon declared this Ordinance duly passed and adopted this 8`h day of
August, '001.
ATTEST:
Sal,y A. ylaio, CMC
City Clerk
DECEMBER 4, 2001
CITY OF SEBASTIAN, FLORIDA
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian:
�X --
Rich Stringer, City Lettorncy
f
i 2
r6 to, i
uti
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DE L.wHAE AVE � a
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2
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M I OGDEN AVE `
SEBASTIAN W 1
GREENS
[7 nr{ _ Irk
rn =
CAYMAN AVE. I i > [CAPRI
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DECEMBER 4, 2001
G
It
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it
BRY n ST \
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m
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ON MO'T'ION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously acknowledged receipt of the
documents, as requested.
COPIES OF DOCUMENTS ARE ON FILE IN THE
OFFICF, OF THE CLERK TO THE BOARD
7.C. LIST of fV4RRA NTS
The Board reviewed a Memorandum of Novcmber 15, 2001:
TO: HONORABLE BOARD OF COUNTY COMNvtISSIONERS
DATE: November 15, 2001
SUBJECT: APPROVAL OF W"ARRNNTS
FROM: EDWIN NI. PRY, JR., FINANCE DIREC'T'OR
Ia compliance with Chapter 1') 6,06, Florida Statutes, a I I warrants issued by the Board of County
Corrunissioners 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 9, 2001 to November 15, 2001.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously approved the list of Warrants as issued
by the Clerk to the Board for November 9, 2001
through November 15, 2001, as recommended by
staff.
DECEMBER 4, 2001
-21-
CHECK NAME CHECK CHECK
NUMBER DATE AMOUNT
0021454
AMERICAN DENTAL PLAN (FI.ORIDA)
2001-11-09
984.88
0021455
AMERICAN FAMILY LIFE ASSURANCE
2001-11-09
162.86
0021456
0021457
AETNA LIFE INSURANCE AND
H1GHMARK LIFE INSURANCE
2001-11-13
2001-11-13
1,124.25
41179.60
0021458
IRC EMPLOYEE HEALTH INSURANCE-
2001-11-13
23,412.50
0021459
0021460
BLUE CROSS/BLUE SHIELD OF
ALDEN RISK MANAGEMENT
2001-11-14
2001-11-14
4,775.10
2,340.06
0021461
UNIPSYCH BENEFITS OF FL,INC
2001-11-14
576.16
0021462
IRC EMPLOYEE HEALTH INSURANCE-
2001-11-14
11,412.68
0021463
0312940
HIGHMARK LIFE INSURANCE
A A FIRE EQUIPMENT, INC
2001-11-14
2001 -ii
-15
255.15
229.00
0312941
A M BEST COMPANY, INC
2001-11-15
E80.95
0312942
0312943
ALPHA ACE HARDWARE
APPLE MACHINE & SUPPLY CO
2001-11-15
2001-11-15
1,006.10
19.60
0312944
AUTO SUPPLY CO OF VERO BEACH,
2001-11-15
1,231.47
0312945
0312946
0312947
ABS PUMPS, INC
A T & T WIRELESS SERVICES
A T & T
2001-11-15
2001-11-15
2001-11-15
1,938.60
264.29
16.20
0312948
ASHWORTH INC
2001-1i-15
521.72
0312949
AMERICAN LIBRARY ASSOC
2001-11-15
55.00
0312950
AUTO PARTS OF VERO, INC
2001-11-15
2,228.42
0312951
A T & T
2001-11-15
41.81
0312952
ADVANCED AIR-CONDITIONING
2001-11-15
3,600.00
0312953
A M ENGINEERING & TESTING INC
2001-11-15
175.00
0312954
ACTION WELDING SUPPLY INC
2001-11-15
49.93
0312955
0312956
ALDEN RISK MANAGEMENT
ABSOLUTE PROTECTION TEAM
2001-11-15
2001-11-15
20,394.30
13.75
0312957
ADAMS, NIKKI
2001-11-15
12.00
0.312958
0312959
0312960
0312961
0312962
0312963
BOARD OF COUNTY COMMISSIONERS
BARTON, JEFFREY K -CLERK
BARTON, JEFFREY K -CLERK
BRIDGESTONE SPORTS, INC
BRAD SMITH ASSOCIATES, INC
BAKER & TAYLOR INC
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-1i-15
51068.51
2,583.50
191904.72
32.45
207.36
182.48
0312964
0312965
BRODART CO
BAKER & TAYLOR BOOKS
2001-11-1.5
2001-11-15
1,412.56
674.78
0312966
BOYNTON PUMP & IRRIGATION
2001-11-15
8.20
0312967
BURNETT, EDWIN
2001-11-15
177.66
0312968
0312969
0312970
BET LSOUTH
BLUE CROSS/BLUE SHIELD OF
BRADFORD, MADGE A
2001-11-1S
2001-11-15
20C1-11-15
22,408.42
41,591.15
336.00
0312971
0312972
0312973
0312974
0312975
BIOMASS PROCESSING
BAUCHMAN, BERTA B H
BURTON GOLF INC
BOWLER, TERRY A
BARBATO, JOHN
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
118,767.98
120.00
97.00
11.00
26.83
0312976
BELLSOUTH
2001-11-1S
1`?2.89
0312977
CLEMENTS PEST CONTROL
2001-11-i5
656.50
0312978
COLI) AIR DISTRIBUTORS
2001-11-15
11416.87
0312979
COMMUNICATIONS INT_'L INC
2001-11-15
295.15
0312980
CHAMBER OF COMMERCE
2001 -ii -15
5,979.53
0312981
0312982
COPELAND, LINDA
CATHOLIC CHARITIES
2001-11-15
2001-1.-15
5,294.05
31.50
0312983
COMPUTER SCIENCE TECHNOLOGY
2001-11-15
250.00
0312984
CLEM, POLACKWICH AND VOCELLE
2001-11-15
212.34
0312985
CONSTRUCTION L LENSING
2x01 -i1-15
S0.00
0312986
0312987
CALL. ONE, INC
CLEANNET USA
2001-11-15
2n<„ --i'_-_5
20,537.72
46.30
0312963
0312969
CENTER FOR EMOT10NA:, A11D
COPYCO INC
200 -ii-i5
2001-11-15
114.00
119.94
DECEMBER 412001
1as
0312990
CIGARS UNLIMITED INTERNATIONAL
2001-11-15
198.54
0312991
0312992
CLE7ELAND GOLF CO., INC.
COLUMBIA PROPANE
200:-11-15
2001-11-15
109.54
43.80
0312993
COMMUNITY ASPHALT CORP
2001-11-15
1,166.20
0312994
CALLAWAY GOLF BALL CO
2001-11-15
1,672.43
0312995
0312996
0312997
03:.2998
0312999
CINGULAR WIRELESS
CLARRY, ALISON
CRAWFORD, KIMBERLY MD
CITYSCAPF
CARTRIDGE DEPOT
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
1,455.CC
938.13
46.75
450.00
239.96
0313000
DAVES SPORTING GOODS
2001-11-15
86.80
0313001
0313002
0313003
0313004
0313005
0313006
0313007
03:.3008
0313009
0313010
031301:
0313012
DEPENDABLE DODGE, INC
DICKERSON-FLORIDA, INC
DATA SUPPLIES, INC
DAVIDSON TITLES, INC
DIVOTS SPORTSWEAR, INC
DIEHL, MELANIE
DILLARD, LASSIE
DILLON, EDWARD D
DEAN, CYNTHIA
DALTON,MICHAEL L
E -Z BREW COFFEE SER`tTCE, INC
E G P INC
2001-11-15
2001-11-15
2001-11-15
200.1-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-i5
2001-11-15
12,718.04
1,164.00
21.26
182.79
22.76
187.73
57.93
70.80
3C0.00
45.42
20.00
151.50
0313013
0313014
0313015
0313016
ELPEX, INC
ERHARDT, SUSIE
EDUCATIONAL DESIGN, INC
EDUCATION FUNDING
2001-11-15
20GI-11-i5
2001-11-15
2001-11-15
1,529.65
1,061.39
58.00
268.00
0313017
ECOLOGICAL ASSOCIATES INC
2001-11-15
2,058.75
03131018
031.3019
0313020
FFDEX
FELLSMERE, CITY OF
FISHER SCIENTIFIC
200:.-11-15
2001-11-15
2001-11-15
83.58
20.3.3
55.08
0313021
FLORIDA FIRE CHIEFS
2001.-11-i5
75.00
0313022
FLORIDA MARINE PATROL
2001-11-15
25.00
03:3023
0313024
FLORIDA NOTARY ASSOCIATION,INC
FLORIDA POWER & LIGHT COMPANY
2001-11-15
2001-11-15
10,286.55
95.00
0313025
FLORIDA POWER & LIGHT
2001-11-15
94.86
0313026
FLORIDA SLUDGE, INC
2CC1-1
-15
5,1$3.40
0313027
FLORIDA WATER & POLLUTION
2001-11-15
600.00
0313028
FENIMORE, CHARLES
2001-11-15
135.00
0313029
0313030
FAPGMI
FELLSMERE POLICE DEPARTMENT
2001.-11-15
2001-11-15
50.00
25.00
0313031
FLORIDA ANIMAL LEAGUE
2001-11-15
30.00
0313032
0313033
0313034
FLORIDA SOFTWARE, INC
FLORIDA DATABASE SYSTEMS, INC
F & W PUBLICATIONS INC
2001-11-15
2001-11-15
2001-11-15
2,640.00
107.00
309.36
0313035
FLORIDA POWER & LIGHT
2001 -ii
-15
2,920.88
0313036
FALCON PROPERTIES, LT=
2001-I1-15
68,374.24
0313037
FIRST UNION
2001-11-15
18,52:1.44
0313038
FLORIDA HIGHWAY PATROL
2001-11-15
25.00
0313039
0313040
0313041
0313042
0313043
FIRS:' AiE'RICAN TITLE
GALE GROUP, THE
GENERAL GMC, TRUCK
G_ =EN COMPANY, THE
GOODKNIGHT LAWN EQUIPMENT, INC
2001-11-15
2001-11-15
2001-11-15
2001-I1-15
2001-11-15
4,5CC.00
1,043.27
302.38
47.97
246.35
0313044
GRAYBAR ELECTRIC CO INC
2001-11-15
480.74
0313045
GOODYEAR AUTO SERVICE CENTER
2001-11-15
1,624.20
0313046
GEAR FOR SPORTS
2001-11-15
686.97
0313047
GORMAN PAT
2001-11-15
250.00
0313048
GREAT OUTDOORS PUBLISHING CO
2061-11-15
177.86
0313049
GRIFFIN MD, DAVID
2001-11-15
750.00
0313050
GENTGEN, JOAN 0
2001-11-15
82.50
0313C51
HARVEY. CARLITA
2001-11-15
14.61
0313052
0313053
HILL. DONNELLY CORPORATION
HERITAGE BOOKS, INC
2001-11-15
2001-11-15
110.23
326.20
0313054
HOLIDAY INN
2001-11-15
178.00
DECEMBER 4, 2001
-23-
0313055
0313056
0313057
0313058
0313059
0313060
0313061
0313062
HORIZON NURSERY
HUSSAMY, OMAR MD
HIGHLANDS ANIMAL HOSPITAL,
HOLIDAY INN
HARBOR BRANCH ENVIRONMENTAL
HARRIS, GREGORY PHD CVE
HTGHMARK LIFE INSURANCE
INDIAN RIVER COUNTY SOLID
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
230.00
750.00
15.00
69.95
75,00
2,125.75
8,468.27
742.24
0313063
0313064
0313065
INDIAN RIVER COUNTY
INDIAN RIVER BATTERY, INC
INDIAN RIVER COUNTY UTILITY
2001-11-15
2001-11-15
2001-11-15
300.00
286.80
180.51
0313066
0313067
INDIAN RIVER MEMORIAL HOSPITAL
INDIAN RIVER OXYGEN, INC
2001-11-15
2001-11-15
13,226.06
481.98
0313068
0313069
0313070
0313071
0313072
0313073
0313074
0313075
0313076
0313077
0313078
INGRAM LIBRARY SERVICES
INTERNATIONAL CITY/COUNTY
IBM CORPORATION
INDIAN RIVER ALL -FAB, INC
INSTITUTE OF TRANSPORTATION
INTERNATIONAL GOLF MAINTENANCE
ISADORA FASHIONS, INC
IRC EMPLOYEE HEALTH INSURANCE-
INFO USA MARKETING INC
INDIAN RIVER COUNTY
IDEAL PUB OF BOYNTON BEACH,INC
2001-11-15
2001-11-15
2001-11-i5
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-I1-15
2001-11-15
23.54
937.49
1,073.59
157.50
249.00
77,350.63
843.50
280,640.25
91920.00
85,555.00
150.00
0313079
JANET'S AUTO TRIM & GLASS
2001-11-15
100.00
0313080
J W FISHERS MFG INC
2001-11-15
229.00
0313081
JANITORIAL DEPOT OF AMERICA
2001-11-15
423.26
0313082
0313083
0313084
0313085
JOHNSON, ANSELMO, MURDOCH,
JUSE, WILLIAM
K MART
KEATING, ROBERT M
2001-11-15
2001-11-15
2001-11-15
2001-11-15
5,334.60
40.00
8.29
103.50
0313086
0313087
KIMLEY-:TORN & ASSOCIATES, INC
KLUCINEC, MONA
2001-11-15
2001-11-15
7,831.57
24.65
0313088
0313089
0313090
0313091
0313092
0313093
0313094
0313095
0313096
0313097
0313098
0313099
0313100
0313101
0313102
0313103
0313104
03131OS
0313106
0313107
0313108
0313109
0313110
0313111
0313112
0313113
KOUNS, DARLENE
K S M ENGINEERING & TESTING
KQMARIICKI_, WALTER SR
K & M ELECTRIC SUPPLY INC
LOWE'S COMPANIES, INC.
L B SMITH, INC
LIVE OAK ANIMAL HOSPITAL
LIGHT SOURCE BUSINESS SYSTEMS
LFI 'ERC BEACH, INC
LEHIGH SAFETY SHOES
LESCO, INC
LOWE'S COMPANIES,INC
LANGUAGE LINE SERVICES
LUNA, JUVENAL
LIGHTNING LEASING INC
MASSUNG, KIMBERLY E
MID COAST TIRE SERVICE, INC
MIKES GARAGE
MILNER INC
MOON, NANCY T
MUMFORD LIBRARY BOOKS, INC
MORGAN AND EKLUND, INC
MORA, CHRISTOPHER R
MULLER, MINTZ, KORNREICH,
MATTINGLY, JOSEPH B
MAURER, ERMA B, R.N
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2COl-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
20CI-11-15
79.82
50.00
135.00
52.40
11059,86
1,246.27
10.00
677.60
4,409,12
246.35
334.65
136,10
438.70
206.50
125.00
11.60
136.20
95.00
54.49
14,451.9
73.05
41547.24
107.72
11433.16
86.25
1i0.0O
DECEMBER 4, 2001
-24-
0313114
MIDWEST TAPE EXCFANGE
2001-11-15
151.95
03.3115
M C B COLLECTION SERVICES
2001-11-15
38.60
0313116
0313117
MARC INDUSTRIES
MEZZINA, PATRICIA
2001-11-15
2001-11-15
9=5.55
479.00
0313118
0313119
METTLER-TOLEDO FLORIDA, INC
MCCULLY, WILLIAM KEITH
2001-11-15
200;-i1-15
325.00
81.38
0313120
0313121
0313122
03:3123
0313124
0313125
C313126
0313127
0313128
0313129
0313130
0313131
0313132
MALLAMS, TOHN H, PHD
MCGRIFF, BARBARA R
MALONE, GEORGE
MUNNINGS, WANDA
MR ELECTRIC
MEKRAS, GEORGE MD
MIRANDA, FERNANDO G MD
NATIONAL GOLF FO['NDATION2001-11-15
NEW HORIZONS OF THE TREASURE
NORTHERN SAFETY COMPANY
NORTHSIDE AGAPE MINISTRIES
NRH CUSTOM
NOWLIN, TIACRA
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2,580.52
21506.00
34,036.67
5,184.60
94.0C
150.00
75.00
132.00
750.00
210.00
199.21
570.00
38.62
0313133
0313134
CFFICE PRODUCTS & SERVICE
ORLANDO SENTINEL, THE
2001-11-15
2001-11-15
11998.51
504.40
0313135
ODYSSEY MANUFACTURING CO
2001-11-15
4,545.00
0313136
PARKS RENTAL INC
2001-11-15
203.47
0313137
PEACE RIVER ELECTRIC
2001-11-15
212.19
0313138
PEPSI -COLA COMPANY
2001-11-15
190.25
0313139
PIPER AIRCRAFT CORPORATION
2001-11-15
600.00
0313140
POSTMASTER
2001-11-15
635.00
03.3141
0313142
0313143
POSTMASTER
PORT CONSOLIDATED
PEREZ, GEORGE
2001-11-15
2001-11-15
2001-11-15
11133.80
125.00
25.00
0313144
PAGE, LIVINGSTON
2001-11-15
164.00
0313145
PANGBURN, TERRI
2001-11-15
12.00
0313146
PRAXAIR DISTRIBUTION
2001-11-15
15.75
0313147
PUBLIX PHARMACY 40642
2001-1:.-15
43.95
0313148
PUBLIX PHARMACY
2001-11-15
20.43
0313149
0313150
031351
PESHA, JESSICA
POINTE WEST LTD
PAULSIN, CURTIS A
2001-11-15
2001-11-15
2001-11-15
36,708.77
68.23
215.00
0313152
0313153
0313154
0313155
033156
0313157
0313158
0313159
PINECREST MILLS, INC
QUALITY BOOKS, INC
RINGHAVER EQUIPMENT COMPANY
RINK MATERIALS
RUSSELL CONCRETE, INC
RUSTIC DIMENSIONS, INC
RECORDED BOOKS, LLC
R & G SOD FARMS
2001-11-15
2001-11-15
2001-11-15
2001-.1-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
41776.56
2,660.00
11083.20
316.42
462.50
63.01
46.50
260.G0
0313160
RUBBER STAMP EXPRESS & MORE
2001-11-15
120.93
0313161
RELIABLE POLY JOHN SERVICES
2001-11-15
267.50
0313162
REISFELD, ART
2001-11-15
18.20
0313163
REGIONS INTERSTATE BILLING
2001-11-15
442.07
0313164
ROGER DEAN CHEVROLET
2CC1-11-15
4.61
0313165
SCHOPP, BARBARA G
2001-11-15
129.50
03.13166
SCOTT'S SPORTING GOODS
2001-11-15
6L7.52
0313167
SEWELL HARDWARE CO, INC
2001-1.1-15
15.84
0313168
SOUTHERN EAGLE DISTRIBUTING,
2001-11-15
539.80
0313169
REXEL SOUTHERN ELECTRIC SUPPLY
2001-11-15
4.22
0313170
ST LUCIE BATTERY & TIRE, INC
2^001-11-15
37.51
031317:.
STATE ATTORNEY 19TH CIRCUIT
2001-11-15
13,474.87
0313172
STURGIS LUMBER & PLYWOOD CO
2001-11-15
23.17
0313173
SUN COAST WELDI.IG SUPPLIES INC
2001-11-15
493.40
0313174
SUNSHINE PHYSICAL THERAPY
2001-11-15
105.00
0313175
SUBSTANCE ABUSE COUNCIL
2001-11-15
li,i80.27
0313176
SEXTON, HILDY
2001-11-15
80.00
0313177
SPALDING
2001-11-15
5,700.82
0313178
SUN BELT Mu'DICAL SUPPLY, INC
2001-11-15
51.50
DECEMBER 412001
-25-
0313179
SYSCO FOOD SERVICES OF
0313180
STA.RCK, DONNA
0313181
SHANDS HOSPITAL OF OF
0313182
SOUTHERN/ALARM PARTNERS
0313183
SAFETY PRODUCTS INC
0313184
STAMM MANUFACTURING
0313185
SOUTHERN COMPUTER SUPPLIES INC
0313186
SEBASTIAN POLICE DEPARTMENT
0313187
SUNGARD MAILING SERVICES
0313188
SOFTWARE HOUSE INTERNATIONAL
0313189
STUDER, JANET M
0313190
SUNNYTECH INC- FL
0313191
STEPHENS, LARRY
0313192
SEBASTIAN POWER CENTER RENTAL
0313193
TEN -8 FIRE EQUIPMENT, INC
0313194
TITLEIST
0313195
TREASURE COAST BUILDERS ASSOC
0313196
TREASURE COAST REFUSE CORP
0313197
TRUGREEN CHEMLAWN
0313198
TOLFA, RONALD D
0313199
T A P SOD
0313200
SCRIPPS TREASURE COAST
0313201
THYSSENKRUPP ELEVATOR CORP
0313202
TARGET STORES COMMERCIAL
0313203
TOMMY HILFIGER GOLF
0313204
THORRY,ANDREW
0313205
UNIVERSAL SIGNS & ACCESSORIES
0313206
904.43
UNIVERSITY OF FLORIDA
0313207
2001-11-15
U S FILTER DISTRIBUTION GROUP
0313208
UNIPSYCH BENEFITS OF FL,INC
0313209
185.00
UNITED PARCEL SERVICE
0313210
472.85
U S NETCOM
0313211
60.00
VELDE FORD, INC
0313212
850.94
VERO BEACH LINCOLN MERCURY INC
0313213
25.00
VL.'RO BEACH, CITY OF
0313214
VERO CHEMICA;, DISTRIBUTORS,INC
0313215
VERO LAWNMOWER CENTER, INC
0313216
26.67
VERO BEACH POLICE DEPARTMENT
0313217
321.44
VERO BEARING & BOLT
0313218
574.00
VERO BEACH POWERTRAIN
0313219
59.00
VERO BEACH WOMAN'S CLUB, INC
0313220
WALGREENS PHARMACY
0313221
WESTSIDE ANIMAL HOSPITAL
0313222
2_.00
WAL-MART PHARMACY, INC
0313223
664.46
WILLHOFF, PATSY
0313224
65.00
WILSON GOLF DIVISION
0313225
25.00
WILLIAMS, BETTY R, RN
0313226
WATER SAFETY PRODUCTS
0313227
WHEELER PUBLISHING, INC
0313228
WATERWORKS CAR WASH
0313229
WILLIAMS, WALLACE R
0313230
WASTE MANAGEMENT
0313231
WERNICKI, PETER G MD
0313232
W W GRAINGER INC
0313233
WALKER, KEITH
0313234
WILSON, STEVEN
0313235
WOODS HOLE GROUP INC, THE
0313236
WASHBURN, JR DANIEL JOE
0313237
WILKERSON, MARVA
0313238
XEROX CORPORATION
0313239
ZEE MEDICAL SERVICE
0313240
REDDIE, BARRIS
0313241
MILLER., JOSEPH
0313242
MUR 5l?Y, DOUGLAS
0313243
PRESTON, SIGLIt1DE
0313244
WODTKE, RUSSELL
DECEMBER 412001
-76-
2001-11-15
2001-11-15
20C1-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-1i-15
2001-11-15
2001-11-15
2001-11-15
tool -11-15
2001-11-15
2001-11-15
2C01-11-15
2001-11-15
904.43
3,911.20
2001-11-15
5,536.80
2001-11-15
185.00
2001-11-15
472.85
60.00
2,256.00
850.94
2001-11-15
25.00
200.1-11-i5
22,865.46
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-i1-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2CU1-11-15
2001-1i-15
2,833.59
904.43
3,911.20
62.96
5,536.80
185.00
472.85
60.00
2,256.00
850.94
25.00
11,426.52
22,865.46
26.67
321.44
574.00
59.00
3,036.97
10,246.36
2_.00
664.46
65.00
25.00
2,833.59
3,911.20
1,958.00
48.28
9iO.38
135.00
2,256.00
274.7C
10,248.9C
5,008.3C
39.99
545.00
738.55
880.CC
28,776.78
710.00
74.70
100.00
109.75
60.24
490.00
82.00
15.00
64.14
52.00
156.08
66.00
97.18
97.54
188.50
500.00
88,360.69
1,000.00
117.81
135.00
72.10
297.00
41.20
85.00
767.47
47.87
290.96
628.42
811.50
i, 038.1'.
355.16
0313245
0313246
0313247
0313248
0313249
LICARI, LINDA
BLACKBURN, THOMAS
ROYAL, THOMAS
GELD, TONIA
REXFORD BUILDERS
2001-11-15
2001-11-15
2001-11-15
2001-11-i5
2001-11-15
391.00
349.23
582.98
888.00
63.49
0313250
0313251
MOORE, AQUILA
MEEKS, ALVIN
2001-11-15
2001-11-15
72.42
23.56
0313252
0313253
RECORD, SUZANNEJ
FLOODTIDE INC
20G1-1iSUZANE43.92
2001-11-15
36.94
0313254
MGB CONSTRUCTT_ON
200:-11-15
73.11
0313255
0313256
0313257
0313258
STEWART, DAVID
PILGRIMS REST PB CHURCH
HALE INDIAN RIVER GROVES INC
HOLIDAY BUILDERS
2001-11-15
2001-11-15
2001-1:.-15
2001.-11-15
59.27
39.04
20.82
110.86
0313259
0313260
0313261
HERAN, DEAN
MERRILL, CRAIG AND
TWISDOM, DEBORAH S
2001-11-15
2001-11-i5
2001-11-15
32.60
39.10
54.02
0313262
0313263
0313264
03:.3265
NELSON, JAMES AND
MC CLOUD, NORMAN
VOTTA, KERRY
GHO VERO BEACH INC
2001-11-15
2001-11-15
2001-11-15
2001
-Li
-i5
35.93
25.83
3.19
91.06
0313266
ROSELAND UNITED METHODIST CHR
2001-11-15
47.32
0313267
0313268
0313269
0313270
0313271
0313272
0313273
0313274
0313275
FITZPATRICK, DONA D SR
STANFORD, GAY
COOPER, NANCY
HAINES, ALIEN
PIERCE, DALE A
TEDESCO-HART, JAMIE
FUCH-S, JOHN
BURNETT, ROBERT P
CHANNT_NG CORP XX1X
2001-11-15
2001-11-15
2001-11-15
2001-11-i5
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
38.60
45.06
64.50
42.54
36.08
1.93
109.76
46.34
45.70
0313276
0313277
LANGWELL, JERRY D
POWER, PATRICK D W
2001-11-15
2001-11-15
73.10
90.71
0313278
0313279
0313280
0313281
0313282
0313283
0313284
0313285
0313286
0313287
0313288
0313289
LEGENDARY CONSTRUCTION INC
JONES, KERRY S
PETERSON, ERICA
GINOLFI, THOMAS AND
WAGGONER, DALE
MULLEN, MARION AND
MIMS, STACIE
GIACCHETTA, STEVE
LEONARD, DIANE M
GAMBILL, TOBY
WIEGANDT, ROBERT ? AND
HEALTHCARE SUPPORT INC
2001-11-15
2001-11-15
2001-11-115
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001-11-15
2001
2001-11-15
-i1
-i5
286.22
59.38
65.15
44.31
31.53
46.91
37.78
80.63
29.05
33.28
35.04
1.48
0313290
0313291
0313292
0313293
GODWIN, TERRANCE
SHERMAN, BETH M
PEARSON, DAVID E
SMITH, JOYCE F
2001-11-15
2001
2001-11-15
200
-ii
-i1-15
-i5
20.28
5.07
65.57
36.20
1,367,017.96
DECEMBER 49 2001 .,
-27-
7.D. ,RESOLUTION 2001.118 AND RESOL INION 2001419 CANCELLING
TAXES ON PROPER TYACOUIRED BY THE CITY OF SEBASTIAN FOR
PROPOSED PUBLIC PARK USE (GITELES AND ROWLEY PROPERTIES)
The Board reviewed a Memorandum of November 19, 200 1:
Paul G. Bangel, Counrr Attorney* *Board Cerafted, Cry, County avid Local Goverrunent Law
William G. Collins Il, Deputy County Attorney*
Michael C. Zito, Assistant County Attorney MEMORANDUM
TO: The Board of County Commissioners
FROM: William G. Collins II - Deputy County Attorney
DATE: November 19, 2001
SUBJECT: Resolutions Canceling Taxes on Properties Acquired by the City of
Sebastian for Future Public Park Use
Two Resolutions have been prepared for the purpose of cancelling any
delinquent or current taxes which may exist on properties acquired by the City of
Sebastian for future public park use.
1. Property acquired from Richard G. Giteles, which property is fully
described in that Warranty Deed recorded in Official Record Book
1435, Page 1732, Public Records of Indian River County, Florida.
2. Property acquired from Charles B. Rowley, III, a married adult,
which property is fully described in that Warranty Deed recorded in
Official Record Book 1437, Page 0646, Public Records of Indian
River County, Florida.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the
Resolutions to cannel certain taxes upon publicly owned lands, and the Clerk to
send a certified copy of same to the Tax Collector so that any delinquent or
current taxes can be cancelled.
DECEMBER 4, 2001
-28-
R 'S81
.3 c
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanirnously adopted Resolution 2001-118
cancelling certain taxes upon publicly ov,ned lands,
pursuant to Section 196.28, Florida Statutes
(Richard G. Giteles to City of Sebastian for future
public park use).
from Richard G. Giteles to City of Sebastian
for future public park use
RESOLUTION NO, 2001=118
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
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;
�1
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
DECEMBER 4, 2001
-29-
U
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:
Any and all liens for taxes delinquent or current against the following
described lands, which were purchased for future public park use from Richard
G. Giteles by the City of Sebastian are hereby cancelled pursuant to the
authority of section 196.28, F.S.
See attached Warranty Deed describing lands,
recorded in O.R. Book 1435 at Page 1732, Public
Records of Indian River County, Florida.
The resolution was moved for adoption by Commissioner Adams , and
the motion was seconded by Commissioner Ti rmi n , and, upon being put to
a vote, the vote was as follows:
Chairman Caroline D. Ginn Ave
Vice Chairman Ruth M. Stanbridge Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
Commissioner John W. Tippin Ave
DECEMBER 4, 2001
Lek
-30-
The Chairman thereupon declared the resolution duly passed and
adopted this 4th day of December , 2001.
ATTEST: Jeffrey K. Barton, Clerk
Deputy Cler
A.PPROVLED AS TO FORM
AND LEGAL SUFFICIENCY
By 01 ('K
WILLIAM G. COLLINS it
DEPUTY COUNTY ATTORNEY
DECEMBER 4, 2001
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By z� Azo �J 4�0e� ,sul
Caroline D. Ginn, Chairman
-31-
!j 3
a
�P1 I�10111 i 1
- IIraAR atlawwr aataaaawrwwaaa waarr� .�}
r..a /erofessional Title of I.R.
r 1546 N U.S, 11
Sebastian, FL 32958
This twtu na s Afaparad or,
Professional Title of I.R.
a,ja46 N U.S, f1
Sebastian, FL 32958
hapeny Approlaan FarcN loanancathm tFoiiol Numberls):
06-11-39-00000-0020-00001.0
oranualrl S.S. sUh
VAC* AGUE tons
us ren r•I `aua LAT'
1Q •'� P-29449
1��IL iIIEli,ar Warrantg deed
Richard G. oiteles -
hereinofter tatted the grantor;'to
M
WARRx"" 0990
C tr.arvra, re rRams.
A
r DOCUMENTARY STAMPS
L DEEDS 12AliG,a0
87i NOTES
JEFFREY K. EARTON, CLERK
INDIAN RNER COUNTY
NAMea Maw at
IN TME RECORDS OI
JEFFREY K. SARTON
ctERK c1RCUrr couRT
'Ntn" 011M 00. FIA,
WALE AeDI£ nae ONE FOR t[ceneMea MIA
Made the day of C e -y A.Dd(Zf by
City of Sebastian Stl
whose post office address is /A45
hereinpjter called the grantee;
`x u �padl ur"w.w�» w ,tier t avi&& , Aw
MItntaatth: That the grantor, for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and coryfirme unto the grantee all that certain land situate in Indian River
County, State of Florida , viz;
SEE ATTACHED LEGAL DESCRIPTION
Subject to all valid restrictions, reservations, easements and zoning of record,
f Grantor(s) further warrants that the above described property is not homestead
property and grantors residence is other than that being conveyed.
i
Magtt4icre with all the tenements, hereditaments and appurtenances thereto belonging er in anywise
appertaining.
Go Shue anb to Nalb, the same in fee simple forever.
Anb the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will dr, fend the name against the lawful claims of allpersons whmmaoever; and that said land
is free of all encumbrances, ezeept taxes accruing subsequent to December $1, 200,
In W Itntso 04crtIIf, the said grantor has signed and sealed these presents the day and year first above
written.
Si d, Is d liver in the presence of.•
/
Riche d G. Gl tales
rales "r... rn.wa ayru.t
, Ike. Ann,.., -
KE
d„w(we a4maWm
lugwu , Ys( (Nan AW,w,
rFrW Arybn
STATE or
Cott I If 6t'�
I Ifh:RE RY C . FY that oylhir rLy, txture me, an ofGrrr duty aulhnrlxed In the hlntr afnrrukl and In the County dorruirl to lake
acknowle,4Lrrmenta, jvrAon.fly arm"red Richard G. Citeles
tome known to Le thr Iwrcu deceriLat in and
who eAmute,l the forugo1ng teutrumenl aml uknowlwtge.t w1ar mr that "76lett the ]],,,,,�,,
WITNIM my hand and of ictal real in the County and Slake but 1 thi J�j ria of A Dr+V/
'�� RRMIA9 RIGH � /G.t i
h lmT hrs -ins M nwNa h Lrnl.n v
.y...
NT Cannarw tn%l as} tt, tgeE
4O sae Can nul r CCUAW r,,-
-�
DECEMBER 4, 2001
-32-
I
ton
Bilk
h 'ill; I: -J
"LEGAL DESCRIPTION"
All of Government Lot 2, Section 6, Township 31 South, Range 39 East, Indian River County,
Florida, EXCEPT the following described parcels of land:
PARCEL NO, 1: Begin at the Southeast corner of said Government Lot 2; thence North a distance
of 248.70 feet; thence West a distance of 417.40 feet; thence South a distance of 248.70 feet;
thence East a distance of 417.40 feet to the point of beginning.
PARCEL N0, 2: Begin 237.60 feet South of the Northeast corner of said Lot 2, Section 6, which is
also the Intersection of the Southeast line of the Fleming Grant and the East Line of said
Government Lot 2; thence South a distance of 245,50 feet; thence West to the Southeast line of
the said Fleming Grant; thence Northeasterly, along said Fleming Grant Line to the Intersection
of said line with the East line Government Lot 2, the point of beginning.
0
W
c.n
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DECEMBER 49 2001
-33-
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DECEMBER 4, 2001 y�
t
-34-
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously adopted Resolution 2001-119
cancelling certain taxes upon publicly owned lands.
pursuant to Section 196218, Florida Statutes (Charles
B. Rowley, III, to City of Sebastian for future public
park use).
from Charles B. Rowley, III, a married adult to City of Sebastian
for future public park use
RESOLUTION NO. 2001- i19
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
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;
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
DECEMBER 41200t Ol, ; ., .., - ..1
-35-
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:
Any and all liens for taxes delinquent or current against the following
described lands, which were purchased for future public park use from Charles
B. Rowley, 111, a married adult by the City of Sebastian are hereby cancelled
pursuant to the authority of section 196.28, F.S.
See attached Warranty Deed describing lands,
recorded in O.R. Book 1437 at Page 0646, Public
Records of Indian River County, Florida.
The resolution was moved for adoption by Commissioner Adams , and
the motion was seconded by Commissioner Ti Dain , and, upon being put to
a vote, the vote was as follows:
Chairman Caroline D. Ginn
Vice Chairman Ruth M. Stanbridge
Commissioner Fran B. Adams
Commissioner Kenneth R. Macht
Commissioner John W. Tippin
DECEMBER 4, 2001
-36-
—AXe
Ave
Ave
Aye
Ave
U
The Chairman thereupon declared the resolution duly passed and
adopted this 4th day ofppcemhpr , 2001.
ATTEST: Jeffrey K. Barton, Clerk
B
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
LAY '
WILLIAM G. COLLINS 11
DEPUTY COUNTY ATTORNEY
DECEMBER 45 2001
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By P r0).
Caroline D. Ginn, Chai an
.' 7
+/: t i it 4 ✓ i �J . �./ �J
Prepared by and Return to:
GPatricia A. Hom, an employee of
First American Title Insurance Cc
2001 9th Avenue, Suite 108
Vero Beach, Florida 32960
561-794-9855
Cj- Gov-�vx G, L
File Number: 01 1015
IN THE RECORDS OF
.Ii -f FrI -Y K. BANTON
Cl i:nK CI9CUIT COURT
INUTAN RIVER CO., FLA,
DOCUMENTARY STAMPS
DEEDS algto . o0
NOTES
JEFFREY K. BARTON, CLERK
INDIAN RIVER COUNTY
WARRANTY DEED
This indenture made on Octobe17� , 2001, A.D., by and between CHARLES B. ROWLEY, III, A
MARRIED ADULT, whose address Is 5 Sawmill Road, Acton, MA 01720, hereinafter called the "grantor",
to CITY OF SEBASTIAN, A FLORIDA MUNICIPAL CORPORATION, whose address is: 1225 Main
Street, Sebastian, Florida 329581iereinafter called the "grantee":
(Whenever used herein the term 'granTOF and "grantee' Include all the parties to this Instrument and the heirs, legal
representatives and assigns of Individuaiw and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and
other valuable considerations, rebeipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveN and confirms unto the grantee, all that certain land situate in Indian
River County, Florida, to -wit: 0
See Exhibit "A"
Parcel ID Number:
Subject to covenants
Said property is not the homest
in that neither Grantor(s) or any
Together with all
anywise appertaining.
To Have and to
ereto and made a part hereof.
restrictions and easements of record.
of the
Grantor(s) under
the laws and
constitution of the State of Florida
Tlbers
of the household
of Grantor(s)
reside thereon.
hereditaments and appurtenances thereto belonging or in
same In fee simple forever.
And the grantor hereb covenants with said grantee that the grantor is lawfully seized of said
land In fee simple; that the granto as good right and lawful authority to sell and convey said land; that the
grantor hereby fully warrants the le to said land and will defend the same against the lawful claims of all
persons whomsoever; and that shTd land is free of all encumbrances except taxes accruing subsequent to
December 31, 2001. a
DECEMBER 4, 2001
-38-
Page 1013
nd,ocual Y%arram. Deed - NOmHomesleatl Clause
t i'.'� i 9
w
O
01
W
O
CD
0
n
x
N
soW
co
0
J
�3
O
Q�
In Witness Whereof, Je said grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in Fie
presenop of thes messes:
Witness nature
Witness int Name:
Witness Si ature
Ma.ktA Oa -use✓
Witness fWnt Name: AK
l *,4Afow�941'7r
—Slate of MASS ACHUSETTS
County of CJN .Vr`-v /x
THE FOREGO INSTRU
CHARLES 6. OWLEY, III
licensee as i en fico
'N Y PUBLIC
CHARL S B. ROW LEY, III
WAS ACKNOWLEDGED before me on October // , 2001, by
is/are personally known to me or has/have produced a valid driver's
DECEMBER 4, 2001
-39-
DECEMBER 4, 2001
-40-
J I .) j r: 1, i f
000(co. � xo
,B,ER 4, Zpp l
Otcv
_Ak-
,VIOT
v.l m
er
courtl
the inlan
7.E. CODE ENT'ORcE1IIENT BOARD - RESIGNATION OFANTHONY GERVASIO
The Board reviewed a Memorandum of November 27, 2001:
TO: Members of the Board of
County Commissioners
DATE: November 27, 2001
SUBJECT: RESIGNATION OF ANTHONY GERVASIO
FROM THE CODE ENFORCEMENT BOARD
FROM: Kimberly Massung
Executive Aide
Anthony Gervasio, Sr. has submitted his resignation from the Code Enforcement Board
effective December 31, 2001. Tony has served on the Indian River County Code
Enforcement Board as the County's Subcontractor Representative since 1987 and he
will be missed.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously accepted, with regret, the resignation
of Anthony Gervasio from the Code Enforcement
Board,
DECEMBER 412001
-42-
'i�
7. Fe 2002 C0111MITTEES - AFPOINTMENTS OF COMMISSIONERS
'rhe Board reviewed a Memorandum of November 27, 2001:
To: Board of County Commissioners
Date: November 27, 2001
Subject: Appointments of Commissioners to Various
Committees for 2002
From: Caroline D. Ginn, Chairman
As per the attached list, I request approval of the appointments of Board of
County Commissioners to various committees for 2002.
COMMITTEE LASTING FOR EACH COMMISSIONER
FRAN B. ADAMS — DISTRICT 1
1. Agriculture Advisory Committee
2. Aquaculture Use Zone (Ad Hoc Committee)
3. Beach & Shore Preservation Advisory Committee
4. Emergency Services District Advisory. Committee
5. IRC Hospital District Vision/Role Subcommittee
6. Metropolitan Planning Organization
T Parks and Recreation Committee
8. Sebastian Watershed Action Committee
9. St. Johns Southern Regional Recreation Advisory Council
10. Treasure Coast Regional Planning Council (Alternate)
11. Upper St. Johns Recreation Advisory Council
12. Upper St. Johns Technical Advisory Council
DECEMBER 412001
-43-
4 Y 4
RUTH M. STANBRIDGE - DISTRICT 2
1. Community Development Block Grant Advisory Committee
2. Community -Oriented Policing Program (COPE)
3. Health & Human Services (State)
4. Heritage River Initiative (State)
5. Historic Resources Advisory Committee
6. Indian River Lagoon Advisory Board
7. IRC Council on Aging
8. Jobs and Education Partnership Regional Board
9. Keep Indian River Beautiful
10. Metropolitan Planning Organization (Alternate)
11. St. Johns River Water Management DISTRICT Liaison
12. Transportation Disadvantaged Local Coordinating Board
13. Treasure Coast Regional Planning Council
KENNETH R. MACHT - DISTRICT 3
1. Children's Services Network
2. County Public Safety Coordinating Committee
3. Juvenile Justice Committee
4. Land Acquisition Advisory Committee
5. Metropolitan Planning Organization
6. Public Library Advisory Board
7. Site Plan Analysis Cooperation Committee
8. Treasure Coast Sports Commission
9. Cultural Council of Indian River County
JOHN W. TIPPIN - DISTRICT 4
1. Affordable Housing Advisory Committee
2. Court Administrator's Budget Committee
3. Economic Development Council
4. Economic Development Private/Public Task Force (ex -officio non-voting)
5. Liaison between County and Economic Development Division
6. Medical Examiner Budget Committee
7. Metropolitan Planning Organization
8. MPO Advisory Council (state)
9. South Regional Recreation Advisory Council (Altemate)(SJRWMD)
10. Tourist Development Council
11. Transit Strategic Plan Advisory Committee
12. Treasure Coast Council Local Governments
13. Treasure Coast Job Training Consortium
14. Treasure Coast Regional Planning Council (Alternate)
DECEMBER 4, 2001
-44-
f
Ell
CAROLINE D. GINN — DISTRICT 5
1. Audit Selection Committee
2. Board of Trustees of Law Library
3. Council of Community Services
4. Council of Public Officials
5. Florida Atlantic University Treasure Coast Campus Advisory Committee
6. Indian River Emergency Outreach Board
7. Marine Advisory Narrows Watershed Action Committee
8. Metropolitan Planning Organization
9. Primary Care/Public Health Committee
10. Space Needs Committee
11. Treasure Coast Regional Planning Council
12. Utility Advisory Committee
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously approved the appointments for 2002,
as recommended by staff.
DECEMBER 4, 2001
-45-
7G. MISCELLANEOUS B UDGET AMENDMENT #001
The Board reviewed a Memorandum of November 28, 2001:
TO
DATE
SUBJECT
THROUGH:
FROM:
Members of the
Board of County Commissioners
November 28, 2001
Miscellaneous
Budget Amendment 001
Joseph A. Baird
Assistant County Administrato
Jason E. Brown
Budget Manager C
Description and Conditions
The attached budget amendment is to appropriate funding for the following:
1. On November 13, 2001, the Board of Commissioners approved the reclassification of the Assistant
County Attorney I position to Assistant County Attorney II along with an employment agreement for
the position. According to this employment agreement, the salary for this position ($66,000) is
higher than the amount budgeted. Therefore, a budget amendment is necessary to allocate funding
in the amount of $10,308 from General Fund contingencies.
2. On November 13, 2001, the Board of Commissioners approved an amendment to the Sheriffs
Department budget in the amount of $75,000 for the early retirement of lease purchase debt. The
funding for this payment comes from a lawsuit settlement with a previous records management
system vendor. The attached entry appropriates funding.
3. On November 6, 2001, the Board of Commissioners approved a $1,000 contribution to the Florida
Missing Children's Day Ceremonies from the Law Enforcement Trust Fund. The attached entry
appropriates funding from this source.
4. On July 3, 2001, the Board of Commissioners approved a10% cash match for the Year 2001 Local
Law Enforcement Block Grant. As approved, funding is provided by the Law Enforcement Trust
Fund in the amount of $9,555.
DECEMBER 4, 2001
-46- 1 _.
5. Indian River County Libraries have received donations totaling $8,244 this year. The attached entry
appropriates funding.
6. One of the current plans examiners in the Building Division was called to active duty in the Coast
Guard Reserves as a result of the events of September 11, 2001. This employee may remain on
active duty for an extended period of time. An additional position is needed to meet continued
demand in this department. The attached entry provides funding for this position.
7. New microphones and equipment were needed in the Commission Chambers, as some people
have had problems hearing during Board meetings. The attached entry appropriates funding in the
amount of $2,000 from General Fund contingencies.
8. On November 6, 2001, the Board of Commissioners approved funding of $35,000 to repair erosion
and other damages caused by Hurricane Michelle. The attached entry appropriates funding from
the Beach Restoration Fund.
9. Additional shelving is needed at the Courthouse for record retention. The approved budget includes
$45,000 for this purpose. However, an additional $4,500 is needed to provide the shelving needed.
The attached entry appropriates funding from General Fund contingencies.
Recommendation
Staff recommends that the Board of County Commissioners approve the attached budget amendment.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously approved Miscellaneous Budget
Amendment #001, as recommended by staff.
DECEMBER 4, 2001
-47-
i
TO: Members of the Board
of County Commissioners
GENERAL FUND/ Sheriff
FROM: Jason E. Brown
Budget Manager
Entry Fund/De ment/
I
Number
Accounf Name
1001-600-586-099.04
1.
I EXPENSES
$75,000
GENERAL FUND/ County
Attorney/
REVENUES
Regular Salaries
GENERAL FUND/ County
Attorney/
Social Security Matching
LAW ENFORCEMENT TRUST
GENERAL FUND/ County
Attorney/
Retirement Contribution
GENERAL FUND/ County
Attorney/
Worker's Compensation
$1,000 I
$0
(EXPENSES
GENERAL FUND/ County
Attorney/
Medicare Matching
GENERAL FUND/ Reserve for
BUDGET AMENDMENT: 001
DATE
Account Number
001-102-514-011.12
001-102-514-012.11
001-102-514-012.12
001-102-514-012.14
001-102-514-012.17
Contingencies 001-199-581-099.91
I I
2. I REVENUES
GENERAL FUND/ Sheriff
Department Revenues 001-000-341-052.00
(EXPENSES
November 28, 2001
Increase I Decrease
I
$8,937
$554
$652
$35
$130
$75,000
$0
$10,308
HE
DECEMBER 4, 2001
—48— s-
�;
GENERAL FUND/ Sheriff
Department/ Law Enforcement
1001-600-586-099.04
$75,000
I $0
3. I
REVENUES
Ij
LAW ENFORCEMENT TRUST
FUND/ Confiscated Property 1112-000-351-020.00
$1,000 I
$0
(EXPENSES
LAW ENFORCEMENT TRUST
FUND/ Sheriff/ Law Enforcement
112-600-586-099.04
$1,000
$0
4. I
REVENUES
LAW ENFORCEMENT TRUST
FUND/ Confiscated Property 1112-000-351-020.00
I
$9,555 I
$0
(EXPENSES
LAW ENFORCEMENT TRUST
(
I
FUND/ Sheriff/ Law Enforcement
112-600-586-099.04
$9,555
$0
DECEMBER 4, 2001
—48— s-
�;
ILI
siL
TO: Members of the Board BUDGET AMENDMENT: 001
of County Commissioners
FROM: Jason E. Brown DATE: November 28, 2001
Budget Manager C�k
Entry Fund/De �art'ment/
Number Accoun ame I Account Number Increase Decrease
5. I REVENUES
GENERAL FUND/Donations - Main
Library 001-000-366-095.00 $6,746 $0
GENERAL FUND/Donations - Books -
Main Library 001-000-366-103.00 $700 $0
GENERAL FUND/ Donations - North
County Library 001-000-366-097.00 $798 $0
EXPENSES
GENERAL FUND/Main Library/Books 1001-109-571-035.45 I $3,000 I $0
GENERAL FUND/Main Library/
Preservation 001-109-571-038.96 $1,000 $0
GENERAL FUND/Main Library/EDP
Equipment 001-109-571-066.47 $2,790 $0
GENERAL FUND/North County
Library/Books 1001-112-571-035.45 I $800 $0
GENERAL FUND/North County
Library/Computer Hardware 001-112-571-035.13 I $654 $0
6.
FA
REVENUES
I $0
BUILDING
DIVISION/
Cash Forward
(EXPENSES
$5,984
BUILDING
DIVISION/Regular
I $0
Salaries
$0
BUILDING
DIVISION/Social
Security
BUILDING
DIVISION/Retirement
BUILDING
DIVISION/Insurance
BUILDING
DIVISION/Worker's
Comp.
BUILDING
DIVISION/
Medicare
441-000-389-040.00
441-233-524-011.12
441-233-524-012.11
441-233-524-012.12
441-233-524-012.13
441-233-524-012.14
441-233-524-012.17
EXPENSES
GENERAL FUND/ Buildings &
Grounds/ Maintenance - Other Equip. 001-220-519-034.69
GENERAL FUND/ Reserve for
Contingencies 1 001-199-581-099.91
DECEMBER 4, 2001
i
-49-
�.V'.
Is
is
$42,585 I $0
$31,635
I $0
$1,961
I $0
$2,309
I- $0
$5,984
I $0
$237
I $0
$459
$0
4"
�.V'.
Is
is
$42,585 I $0
$31,635
I $0
$1,961
I $0
$2,309
I- $0
$5,984
I $0
$237
I $0
$459
$0
$2,000 $0
$0 $2,000
I
•ry? r• v n✓ r -A e y _ _ j -
..a^Yva'3j,1'r!'-ro�.f. :.5'�.e'i:::#e.'.v.��_ { 4 a,"i -�i ,p��is v: ro :%Yi•'�5�h„_i;,i . t - s �t ; � _ 5. r-L;"',.,'`�r': ''�Xi'� -s ii, 4{,."
-
�"��i.°�3,�..:`
- 'rx- r., u'Y . •ntry ' �.£- `_�- - zA a�i ,�- . ,., ,`.n - r ¢ . .,g% - - ..+`.o,. - a- ,-. .5�—�viis"1''- ,. >< ry .'v4C%s" krs.. 4. r E�ms.°. '?Y' , §� -�.. v + ➢ d- '+s , �Vd.ira�. ,Cwt=:a"6 ." sw
TO:
Members of the Board
of County Commissioners
FROM: Jason E. Brown
Budget Manager
IEntry I Fund/De,ar iment/
Number Accoun ame
8. I REVENUES
BEACH RESTORATION FUND/ Cash
Forward Revenues
(EXPENSES
BEACH RESTORATION FUND/ Dune
Restoration 128-144-572-066.14
BUDGET AMENDMENT: 001
DATE: November 28, 2001
Account Number
128-000-389-040.00
9. I EXPENSES
I I GENERAL FUND/ Buildings &
Grounds/ Maintenance - Other Equip
GENERAL FUND/ Reserve for
Contingencies
I I
001-220-519-066.41
001-199-581-099.91
Increase I Decrease
I I
$35,000 I $0
$35,000 I $0
I
$4,500 1 $0
$0 I $4,500
7. H. SEO UOIA VOTING SYSTEMS, INC. - RA TIFICA TION OF CONTRACT
The Board reviewed a Memorandum of November 28, 2001:
Paul G Bangel, County Attorney*
William G. Collins II, Deputy County Attorney*
Manan E Fell, Assistant County Attorney
November 28, 2001
*Board Certif ed, City, County and Local Government Law
MEMORANDUM
To: Board of County Commissioners
From: Paul G. Bangel, County Attorneyy�/ }1IZF I1
Re: Sequoia Voting Systems, Inc.
DECEMBER 4, 2001
s,Yt
-50- `)
Recommendation:
It is recommended that the Board of County Commissioners authorize the chairman
to execute a Ratification and Re-execution of Agreement document in substantially the
form attached, pursuant to the Board's reapproval cf the agreement dated October 23,
2001, with Sequoia Voting Systems, Inc., and authorize that the document be executed by
the chairman in duplicate before forwarding to Sequoia for execution.
Discussion:
At the November 20, 2001, meeting of the Board of County Commissioners the
Board reapproved the October 23, 2001, agreement with Sequoia Voting Systems, Inc.,
for the purchase of voting machines. Presented for the Board's approval is a Ratification
and Re-execution document.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously authorized the Chairman to execute the
Ratification and Re-execution of Agreement
document, as recommended by staff.
COPY OF RATIFICATION IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7*L BID #4027 - ANNUAL BID FOR STREET SWEEPING SERVICES - ROAD
AND BRIDGE DIVISION - CHARLIE'S LA WN MAINTENANCE
The Board reviewed a Memorandum of November 14, 2001:
DATE: November 14, 2001
TO: BOARD OF COUNTY CONLV[ISSIONERS
THROUGH: James E. Chandler, County Administrator
Thomas Frame, General Services Director y^=,j�� ' n
FROM: Fran Powell, Purchasing Manager
SUBJECT: Bid Award: IRC # 4027 Annual Bid for Street Sweeping Services
Public Works Department / Road and Bridge Division
DECEMBER 4, 2001
-51-
14
tt , L. �.. i :I tis _U
i
41
T 41
_.
i
?{ixt"..^`:AkF.'. yY Ssv`,`•Ch l k'-;Z�"i�i art" t k¢�'lf �R ° tP�..:cie ;`h ,":,1 '^ -'z oaf..3 A r^3 1 tt'» ..< 1 r �.t Fn, tb °rack 3 i - x _.,
BACKGROUND INFORMATION
Street Sweeping Services is a new annual bid for the Road and Bridge Division. historically this
work has been performed in-house. The scope of work is to perform pavement / street sweeping
services on approximately 131 land miles of roadway in Indian River County once each seven
(7) weeks.
Bid Opening Date:
Advertising Dates:
Broadcast on DemandStar to
Specification Requested by:
Replies:
BID TABULATION
October 26, 2001 at 2:00 P.M.
October 10 & 177 2001
Five Hundred Twenty One (521) Vendors notified
Nine (9) Vendors
Six (6) Vendors
RECOMMENDATION
Staff recommends awarding this bid as follows:
• Award
V e n d
o r
Inc. as the
D e
s c rip t i o
nQ
set forth in the
Invitation to
u a n t i
t y U n it
U
n it P r
i c e
E x ten
d ed
P r
ice
A
a n u a l
Total
Charlie's
Law
Curb
/ Lane
800
miles
$
30
00
$
24,000
00
M aintenance,
Inc.
U ncurb
/ Lane
3
1m Iles
$
30
00
$
90
00
1 $
24,840
00
Okeechobee,
FL
IAddltlonal
W
orJ
10
1 hrs
$
75
00
$
750
00
1
Clean Sweep
Vac, Inc.
Palm Cit
&
FL
iCurb
IUucurb
Additional
/ Lane
/ Lane
W
or
800
3
10
Intrlesl
miles
hrs
$
$
$
_ 3.2
_ 3.2
50
00
00
00
$
$
$
25,600
96
500
00
00
00
I $
26,196
00
USA Services
of
ICurb
/ Lane
I
800
ilesl
$
32.35
$
25,880
00
FL Inc
JUncurb
/ Lanekill
3
Irn
miles
$
32.35
$
I
97
05
$
26,627
05
Lou gw ood,
• Sweeping
m
of Aerica
Davie,
FL
Corp
FL
[A cidltlonal
iCurb
JUitcurb
Additional
l
/ Lane
/ Lane
W
W
or
oro
10
800
3
10
hrs
Irlesl
m
miles
hrs
$
$
$
$
65
34
34
75
00
00
00
00
$
$
$
I $
• This
27,200
ain a o[
650.00
102
750.00
re rlec
00
00
is
l
I $28,052
the
correct
bid
00
total-
'
Power Sweeping
ICurb
/ Lau
e800
miles
$
-_—_
39
7 9
$
31,432
00
l
Service
Inc
IUncItrb
/ Lane
3
miles
$
39
29
$
117
87
$
32,534
87
M edley,
FL
JAdditional
W
or
10
his
$
98
50
$
985
00
Central SweepingICitrb
Service
W Inter Garden,
Uncurb
IA itdlLo
/ Lane
/ Lane
nal
W
or}
800
3
10
Imllesl$
miles
hrs
$
$
42
42
115
00
00
00
$
$
I $
33,b00
1,150
126
00
00
00
$
34,876
00
RECOMMENDATION
Staff recommends awarding this bid as follows:
• Award
to Charlie's Lawn
Maintenance,
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. The projected expenditures for the current fiscal year is
$32,000.00. Report on historical data of in-house cost for this work is not available.
• 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 4, 2001
.52-
r
' V�
r
0
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously awarded Bid #4027 for street sweeping
services to Charlie's Lawn Maintenance at a
projected expenditure of $32,000, as recommended
by staff.
BID DOCUMENTS WILL BE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.J. BID #3074 - PORTABLE EMERGENCY GENERATOR TRAILERS WITH
ENCLOSURES . UTILITIES DEPARTMENT - .TRS CUSTOM FABRICATIONS
The Board reviewed a Memorandum of November 15, 2001:
Date: November 15, 2001
To: Board of County Commissioners
Through: James Chandler, County Administrator
Tom Frame, Director of General Services Department 4&.icfd-
Erik Olsen, Director of Utilities Services Department
From: Fran Powell, Purchasing Division, Managert��Lt�'t
Subject: Indian River County Bid # 3074 (Portable Emergency Generator Trailers
with Enclosures)
Utilities Department
Backa.round:
The Department of Utility Services has requested the purchase of six emergency generator
trailers with enclosures. The bid results are as follows:
DECEMBER 4, 2001
-53-
1-7
Bid opening Date:
Advertisement Dates:
DemandStar broadcast to:
Specification's requested by:
Bid received:
Bid Tabulation:
August 10, 2001
July 25 and August 1, 2001
Two Hundred Twenty Seven (277) vendors
Seventeen (17) vendors
Two (2) vendors
Estimated Buduet: $90,000.00
Total Amount of Bid: $591562.00
Source of Funds: 471-268-5:36-066.42
Utilities - Heavy Equipment
Recommendation:
I Total Cost for all 6 trailers
Single Wall Double Wall
Fuel Tank Fue? Tank
$ 53,051 00 $ 56,651.00
$ 59,562-00 $ 64,062 OiJ
This Vendor
1 does not
$ 78,000.00 provide fuel
tanks. Their
bid is only
for trailers
Staff along with the Department of Utility Services recommends this bid be awarded to
Custom Fabrications, Inc. for the single wall tank trailers. This bidder submitted the lowest
most responsive and responsible bid meeting the specifications as set forth in the Invitation to
Bid.
ON MO'T'ION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously awarded Bid 93074 for portable
emergency generator trailers with enclosures to JRS
Custom Fabrications, Inc. in the amount of $59,562,
as recommended by staff.
BID DOCUMENTS WILL BE ON DILE IN THE
DECEMBER 4, 2001
OFFICE OF THE CI.,ERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
L
-54-
Generator Type &
Unit
Cost
I
Vendor
!Single Wall
Double W
allQuantity
Size
Fuel Tank
jFuef
Tank
Cat 160 KW
$
8,500.00
I $
9,000.00
1 1
JC at 32C KW
$
1'_,592.00
$
13,342.00
t
IRS Custom Fabrication
!Empire 30 KW
$
6,030.00
$
6,430.00
l t
Ocala, FL
JCummms 250 KW
$
9,070
00
$
9,820.00
I 1
(Alternate Bid) Trailer
Cummins 300 KW
$
9,927.00)
$
10,677.00
( 1
sizes varied
Onan 100 KW
$
6,932.00
$
7,182.00
I 1
(Cat 160 KW
$
9,927.00
I
$
10,677
00 1
ICat 320 KW - ---
$
9.927
00
$
10;677
00 ,
IRS Custom Fabrication
lEinpire 30 KW
$
9,9?7
00
$
10,07200
1 1
Ocala, FL
Cummins 250 KW
$
9,927
00
$
]0,677
00 1 i
(Base Bid) All trailers
Cummins 300 KW
$
9,9^'7.00
!
$
10,677
O0
same size
10nan 100 KW
$
9,927
00 i
$
10,677
00 1
ICat 160 KW
j
1
ICat 320 KW
!
i
Indian River Trailers
jEmpire 30 KW
1
1
Fort Pierce, FL
lCummins 250 KW
I
(Cummins 300 KW
1
10nan 100 KW
Estimated Buduet: $90,000.00
Total Amount of Bid: $591562.00
Source of Funds: 471-268-5:36-066.42
Utilities - Heavy Equipment
Recommendation:
I Total Cost for all 6 trailers
Single Wall Double Wall
Fuel Tank Fue? Tank
$ 53,051 00 $ 56,651.00
$ 59,562-00 $ 64,062 OiJ
This Vendor
1 does not
$ 78,000.00 provide fuel
tanks. Their
bid is only
for trailers
Staff along with the Department of Utility Services recommends this bid be awarded to
Custom Fabrications, Inc. for the single wall tank trailers. This bidder submitted the lowest
most responsive and responsible bid meeting the specifications as set forth in the Invitation to
Bid.
ON MO'T'ION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously awarded Bid 93074 for portable
emergency generator trailers with enclosures to JRS
Custom Fabrications, Inc. in the amount of $59,562,
as recommended by staff.
BID DOCUMENTS WILL BE ON DILE IN THE
DECEMBER 4, 2001
OFFICE OF THE CI.,ERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
L
-54-
7.K BID #4029 - REPLACE FLOORING AT SOUTH COUNTY RO PLANT -
UTILITIES DEPARTMENT - KRA-KEL ENTERPRISES D/B/A .JERRYSMITH
TTT. F
The Board reviewed a Memorandum of November 20, 2001:
DATE:
TO:
THROUGH:
FROM:
SUBJECT
BACKGROUND:
a
November 20, 2001
BOARD OF COUNTY CONVvllSSIONERS
James E. Chandler, County Administrator
Thomas Frame, General Services, Director
O
Erik Olsen, Utilities Department, Directoh ),/�
Fran Powell, Purchasing vlanager
��,,// %t -CLOG
IRC Bid # 4029 Replace flooring at the South County RO Plant
Utilities Department
The Utilities Department has requested that the flooring at the South County RO Plant be
replaced. The bid results are as follows:
Bid Opening Date: November 14, 2001
Advertising Dates: October 24 and 31, 2001
Bid Documents were mailed to: Eleven (11) vendors
Bid Submitted by: Two (2) vendors
BID TABULATION:
Vendor Lump Sum Bid
Kra-Kel Enterprises, Inc. d.b.a.
Jerry Smith Tile $5,806.62
Sebastian, FL
Express Floors, Inc. $7,990.00
Vero Beach, FL
DECEMBER 4, 2001
-55-
Completion Time
14 calendar days
15 calendar days
Ll,r
ESTIMATED BUDGET:
TOTAL AMOUNT OF BID:
SOURCE OF FUNDS:
RECOMMENDATION:
$6,024 00
$5,806.62
471-000-169-476.00
South County RO Plant - R & R
Staff recommends that the bid be awarded to Kra-Kel Enterprises, Inc. d.b.a. Jerry Smith Tile
as the lowest most responsive and responsible bidder meeting the specifications as set forth in
the Invitation to Bid.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously awarded Bid #4029 to replace the
flooring at the South County RO Plant to Kra-Kel
Enterprises d/b/a Jerry Smith Tile in the amount of
$5,806.62, as recommended by staff.
BID DOCUMENTS WILL BE ON FILE IN THE
DECEMBER 4, 2001
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
—56—
,
I.
c� µ r �,, ,r; j�
U. PAUL K FREEMAN - FINAL PLAT APPROVAL FOR HAMMOCK LAKES
PHASE H PLANNED DEVELOPMENT
The Board reviewed a Memorandum of November 20, 2001:
TO: James E. Chandler
County Administrator
[SION HEAD CONCURRENCE:
f
ert M.K tinu.. Al
Community Developm
THROUGH: Stan Boling, AICP
Planning Director
FROM: Mark Zans Mf,
Senior Planner, Current Development
DATE: November 20, 2001
SUBJECT: Paul H. Freeman's Request for Final Plat Approval for Hammock
Lakes Phase II Planned Development (P.D.)
It is requested that the data herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of December 4, 2001.
DESCRIPTION AND CONDITIONS:
Hammock Lakes Phase H P.D. is a 100 lot single-family subdivision of a portion of a 65.82 acre
parcel of land. Located on the south side of 1st Street S.W , between 50`h Avenue and 5S`h
Avenue, the property is zoned RS -3 (residential single-family, up to 3 unit/acre) and has an L-1,
low density 1 (up to 3 units/acre) land use designation. The density of the subdivision is 291
units per acre.
At its regular meeting of September 26, 19957 the Board of County Commissioners granted
planned development special exception use approval for the overall Hammock Lakes project.
The Board's action made effective the preliminary PD plat approved by the Planning and Zoning
Commission on August 22, 1995. The applicant, Paul H. Freeman, through his agent Knight,
ttilcGuire & Associates, Inc., is now requesting final plat approval and has submitted the
following:
1. A final plat in substantial conformance with the approved preliminary plat.
2. A Engineer's Certified Cost estimate for remaining required Phase 11 improvements.
DECEMBER 4, 2001 It I `_► F° j Q
-57-
3. A Contract for Construction for the remaining required Phase II improvements.
4 A Secunt} arras enient guaranteeing the contract for construction.
ANALYSIS:
At this time, all of the required subdivision improvements for Phase lI have not been completed.
Consistent with county regulations, the developer proposes to "bond -out" for construction of the
remaining required improvements and proceed with final plat approval An engineer's certified
cost estimate for completion of the remaining improvements has been reviewed and approved by
the Public Works Department, Utilities Services Department, and the Community Development
Department. The developer also has submitted a copy of the Contract for Construction of
Required Improvements. The contract, which is on a standard form, has been approved by the
County Attorney's Office. All subdivision improvements are privately dedicated with the
exception of the utility system, which is separately warranted through the Department of Utility
Services. Therefore, no subdivision warranty and maintenance agreement is required.
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of County Commissioners grant
final plat approval for Hammock Lakes Phase II P.D., authorize the Chairman to execute the
Contract for Construction and any security documents, and accept the security.
ATTACHMENTS:
1. Application
2. Location flap
3. Plat Graphic
4. Contract for Construction (Draft)
5. Letter of Credit
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously granted final plat approval for
Hammock Lakes Phase II P.D.; authorized the
Chairman to execute the Contract for Construction
and any security documents; and accepted the
security; all as recommended by staff.
DECEMBER 4, 2001
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.M. RESOLUTION 2001420 AUTHORIZING PUBLIC TRANSPORTATION JOINT
PARTICIPA TION A GREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (COUNCIL ONAGING - COMMUNITY COACH - PUBLIC
TRANSIT BLOCK GRANT)
The Board reviewed a Memorandum of November 16, 2001:
TO: James Chandler
County Administrator
THROUGH: Robert NI. Keating, AICP/l6Vti�
Community Development Director
FROTNI: Phillip J. Matson
Assistant NIPO Staff Director
DATE: November 16, 2001
SUBJECT: REQUEST TO ENTER INTO A PUBLIC TRANSPORTATION JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)
It is requested that the information presented herein be given formal consideration by the Board of
County Commissioners at its regular meeting of December 4, 2001.
DESCRIPTION & CONDITIONS
For the past several years, Indian River County has applied for and received federal mass transit
capital and operating assistance under 49 USC Ch. 53, Section 5307 (formerly and more widely
known as Section 9 of the Federal Transit Act). For FY 2001/02, the County is eligible to apply for
$552,995 in federal transit operating assistance. The federal funds are to be matched by $552,998
in state and local funds. Of the $552,998 match amount, $276,499 is to come from a state Public
Transit Block Grant (PTBG), and $276,499 is to be provided by Indian River County with previously
approved general fund monies budgeted specifically for this purpose. To receive the PTBG funds,
the County must enter into a Joint Participation Agreement with FDOT, a copy of which is attached
to this staff report (Attachment l).
Applying for Section 5307 funds includes several steps. For FY 2001/02, the first step is to apply
for Florida PTBG funds. Subsequent steps include applying for federal capital and operating
assistance and applying for Florida toll revenue credits for use as a soft match to receive federal
capital assistance. Ultimately, the County will pass the Section 5307 and the PTBG funds through
to the Indian River County Council on Aging, Inc. (COA) for continuation and expansion of public
transportation services. The COA will use the Section 5307 and PTBG monies to fund its Indian
River Transit/Community Coach fixed route and dial -a -ride transit services.
DECEMBER 4, 2001
-59-
A significant component of the matching funds for the operating assistance portion of the Section
5307 grant comes from the state PTBG. Enacted by the Florida Legislature to provide a state -based
suurce of funding for public transit, state PTBG funds are awarded to those public transit providers
eligible to receive funding from the Federal Transit Administration's Section 5307 and Section 18
programs and to Community Transportation Coordinators.
According to state regulations, the PTBG funds may be used for both eligible capital and operating
costs of public transit providers. Because the local match requirement for the capital portion of the
County's FY 2001/02 Section 5307 grant may be met by soft -match rather than cash -match funds
(which effectively provides for 100% federal funding of capital expenses), the entire FY 2001/02
PTBG is proposed as a partial match for Section 5307 operating funds. PTBG funds may not exceed
50% of the nonfederal share of total eligible operating expenses of transit service provision.
Activities funded with PTBG funds are to be consistent with applicable approved local government
comprehensive and transit plans.
ANALYSIS
As with the FTA Section 5307 grant program, only public agencies may be designated recipients of
PTBG funds, although a nonprofit provider may receive such funds through a designated recipient.
Under these restrictions, the COA has requested that the Board of County Connnissioners apply for
state PTBG funds on its behalf.
The attached Joint Participation Agreement (JPA) is an agreement between FDOT and Indian River
County specifying the requirements which the County must meet in order to receive PTBG funds.
One of the most important of these requirements is that the County submit a Transit Development
Plan (TDP) to FDOT. For 2002, the County will be undertaking a major update of its TDP.
As indicated in the attached JPA, the County, by November 1, 2002, must publish in the newspaper
the productivity and performance measures established for the transit system. The COA will provide
these data along with other required reports of local transit service. There are also Disadvantaged
Business Enterprise (DBE) requirements in the JPA that are incorporated within the Section 5307
grant program. As required by FTA, County and COA staff have prepared, obtained Board approval,
and submitted to FTA an updated DBE Plan.
The attached resolution (Attachment 2) authorizes the Chairman to execute the JPA for PTBG funds.
Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, Countv staff
will transmit the JPA to FDOT.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached Public
Transportation Joint Participation Agreement and adopt the attached resolution authorizing the
Chairman to sign the agreement. Staff further recommends that the Board of County Commissioners
authorize staff to proceed with the application process for federal and other state funds comprising
the Section 5307 program.
ATTACHMENTS
1- FDOT Public Transportation Joint Participation Agreement
Authorizing Resolution for the execution of a Public Transportation Joint Participation
Agreement
3. Grant Budget Form
DECEMBER 4, 2001
-60-
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"4jtj,rc.""2°`','.ex'is. b 4N"
ON
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously approved the Public Transportation
Joint Participation Agreement; authorized the
Chairman to sign the Agreement; authorized staff to
proceed with the application process for federal and
other state funds comprising the Section 5307
program; and adopted Resolution 2001-120
authorizing the execution of a Public Transportation
Joint Participation Agreement with the Florida
Department of Transportation (Council on Aging -
Community Coach - Public Transit Block Grant).
AGREEMENT AND COPY OF APPLICATION
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
RESOLUTION NO. 2001-120
A RESOLUTION OF THE BOARD OF COUNTY CONLNUSSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A
PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS, funding under the Florida Public Transit Block Grant Program may be used
as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and
WHEREAS, Indian River County intends to submit an FY 2001/02 application for funding
assistance under 49 USC Section 5307, with the required funding match to come from local funds
and an FY 1.001/02 Florida Public Transit Block Grant; and
DECEMBER 4, 2001
-61-
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WHEREAS,
Indian
Riser
County is eligible
to receive grant
funding
under
Section
341.052(1),
Florida Statutes,
and
under 49 USC Ch. 53,
Section 530' and
49 USC
1614;
and
WHEREAS, the Florida Department of Transportation provides Public Transit Block Grant
funds to Indian River County to assist in the continuance and expansion of local public transportation
services.
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. That the Chairman of the Indian River County Board of County Commissioners is authorized
to execute a public transportation Joint Participation Agreement with the Florida Department
of Transportation to obtain FY 2001/02 Florida Public Transit Block Grant funding to be
used as a partial match for operating assistance as part of the County's FY 2001/02 49 USC
Ch. 53, Section 5307 grant application.
2. That the Indian River County Community Development Director is authorized to furnish
such additional information as the Florida Department of Transportation may require in
connection with the County's FY 2001/02 Public Transit Block Grant.
THIS RESOLUTION was moved for adoption by Adams , and the
motion was seconded by Ti ppi n and, upon being put to a vote, the vote was
as follows:
Chairman , Carol i ne D. Gi nn Aye
Vice -Chairman Ruth M. Stanbridge Aye
Commissioner, Fran B. Adams AVP
Commissioner, John 41. Tipp ' in Aye
Commissioner Kenneth R. Mcht Ayp
The Chairperson thereupon declared the resolution duly passed and adopted this 4th day of
December, 2001.
J.K. BARTON
CLERK CIRCUIT COURT
ATTEi--�� ems'
DECEMBER 4, 2001
-62-
BOARD OF COUNTY COMM 1SSIONERS
LNDIAN RIVER COUNTY, FLORIDA
By:
Caroline D. Ginn hatrman
Board of County Commissioners
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State of Florida
County of Indian River
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County to take acknowledgments, personally appeared CarolD. Ginn , as Chairman
of the Board of County Commissioners, and PATRICIA "PJ" JON , as Deputy Clerk, to
me known to be the persons described in and who executed the foregoing instrument and they
ackno%%ledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 4th day
of December , A.D., 2001.
fitA u cc x
`otary Publls
;j '''° Kimberly E. Mlassung
., MY COMMISSION# CC855436 EXPIR�Riiiv Rrc :i I 1Ctt;.t, uale f
F,rn5mumr. Dr chWv nel .r. arot Acl,nr,mmmm__ jBCCa Aro ';r July 15, 2003 _ 1
�„ o� i�°,I` 90NDED MRU TROY FAIN INSURANCE, INCI A d r n
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9.A.1. PUBLIC HEARING - ORDINANCE 2001-034 AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING
ZONING MAP FOR ±1 ACRE LOCATED AT 6600 OLD
DIXIE HIGHWAY FROM CL TO CH (WILSON
MASONRY) (Quasi -Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
The Board reviewed a Memorandum of November ")6,2001: _
DECEMBER 4, 2001
B1 122 Ij IG i 16
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County to take acknowledgments, personally appeared CarolD. Ginn , as Chairman
of the Board of County Commissioners, and PATRICIA "PJ" JON , as Deputy Clerk, to
me known to be the persons described in and who executed the foregoing instrument and they
ackno%%ledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 4th day
of December , A.D., 2001.
fitA u cc x
`otary Publls
;j '''° Kimberly E. Mlassung
., MY COMMISSION# CC855436 EXPIR�Riiiv Rrc :i I 1Ctt;.t, uale f
F,rn5mumr. Dr chWv nel .r. arot Acl,nr,mmmm__ jBCCa Aro ';r July 15, 2003 _ 1
�„ o� i�°,I` 90NDED MRU TROY FAIN INSURANCE, INCI A d r n
L,: 11 Jr 1
y f 6-1
9.A.1. PUBLIC HEARING - ORDINANCE 2001-034 AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING
ZONING MAP FOR ±1 ACRE LOCATED AT 6600 OLD
DIXIE HIGHWAY FROM CL TO CH (WILSON
MASONRY) (Quasi -Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
The Board reviewed a Memorandum of November ")6,2001: _
DECEMBER 4, 2001
B1 122 Ij IG i 16
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TO: James E. Chandler; County Administrator
D TMENT HEAD CONCURRENCE
Robert 1V1!. Keating,"Lona-Ra
elopment Director
THROUGFIi Sasan Rohani, AICanning S • of '/
FROM: John Wachtel; Senior Planner, Long -Range Planning/
DATE: November 26, 2001
RE: WILSON MASONRN'IS REQUEST TO REZONE 1 ACRE FROM CL TO CH
(RZON 2000-09-0122)
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of December 4, 2001.
DESCRIPTION AND CONDITIONS
This is a request to rezone 1 acre from CL, Limited Commercial District, to CH, Heavy Commercial
District. Located approximately halfway between 65`h Street (South Winter Beach Road) and 67"'
Street, the subject property extends from Old Dixie Highway to US 1. As shown in Figure 1, the
%L" shaped subject property has more road frontage along US I than along Old Dixie Highway. The
purpose of this request is to secure the necessary zoning to develop a contractor's trade building on
the site.
On October 25, 2001, the Planning and Zoning Commission voted 5 to 0 to recommend that the
Board of County Commissioners approve this request to rezone the subject property to CH.
i I '
Zoned CL, the subject property has been cleared, although it is undeveloped. To the south of the site
is a county fire station, a single-family house, and an ammal boarding business. With the exception
of the animal boarding business, which is zoned CH, land to the south of the subject property is
zoned CL.
DECEMBER 4, 2001
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The single-family residence is on a parcel that does riot have direct access to any roads. In the past,
access to that parcel was achieved from Old Dixie Highway across the subject property. Recently,
the applicant has blocked access to the residence from Old Dixie Highway, but added access to US
1.
To the west of the site, across the Old Dixie Highway and the FEC railway, is an undeveloped 35
acre tract. Zoned IL, Light Industrial District, that tract consists of sand pine scrub. Land along the
subject property's north border is zoned CH and contains an antique store. Directly east of the
subject property, across US 1, land is zoned CL and contains a small market and gas station.
Future Land Use Pattern
The subject property and all surrounding properties are designated C/I, Commercial/ Industrial, on
the comprehensive plan's future land use map. The C/I designation permits various commercial and
industrial zoning districts.
Environment
The subject property is not designated as environmentally important nor environmentally sensitive
by the comprehensive plan. As a cleared site, no native habitat exists on the property. According
to Flood Insurance Rating :daps, the subject property does not contain any flood hazard areas.
DECEMBER 4, 2001
-6s-
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Figure 1: Location and Zoning of the Subject Property
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Figure 1: Location and Zoning of the Subject Property
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Utilities and Services
The site is within the Urban Service Area of the aunt}. Potable water distrihution lines extend to
the site from the North County Reverse Osmosis Plant. Although the site is in the Central
Wastewater Service District, wastewater collection lines do not extend to the site.
Transportation System
The site is bounded on the east by US 1. Classified as a neral principal arterial roadway on the future
roadway thoroughfare plan map, this segment of US 1 is a four lane road with approximately 120
feet of public road right-of-way. Currently, there are no plans to expand this portion of US L
The site is bounded on the west by Old Dixie Highway. Classified as a rural major collector
roadway on the future roadway thoroughfare plan map, this segment of Old Dixie Highway is a two
lane road with approximately 66 feet of public road right-of-way. Currently, there are no plans to
expand this portion of Old Dixie Highway
Zoning District Differences
There are some similarities and some differences between the existing CL zoning district and the
proposed CH district. The CL district is intended to serve, and be more compatible with, nearby
residential development. Therefore, in terms of permitted uses, the CL district is generally more
restrictive. In contrast, the CH district allows somewhat more intense commercial development.
The differences between the districts are best illustrated by their purpose statements. These purpose
statements are as follows:
• CL, Limited Commercial District. The CL, Limited Commercial District, is intended to
provide areas for the development of restricted commercial activities. The CL distnct is
intended to accommodate the convenience retail and service needs of area residents, while
minimizing the impact of such activities on any nearby residential areas.
• CH, Heavy Commercial District. The CH, Heavy Commercial District, is intended to
provide areas for establishments engaging in wholesale trade, major repair services and
restricted light manufacturing activities. The CH district is further in
to provide
lopment of commercial and industrial uses allowed
support services necessary for the deve
within other non-residential zoning districts.
ANALYSIS
In this section, an analysis of the reasonableness of the rezoning request will be presented.
Specifically, this section will include:
• an analysis of the request's impact on public facilities;
• an analysis of the request's consistency with the county's comprehensive plan;
• an analysis of the request's compatibility with the surrounding area; and
• an analysis of the request's potential impact on environmental quality.
Concurrency of Public Facilities
This site is located within the county Urban Service Area, an area deemed suited for urban scale
development. The comprehensive plan establishes standards for: Transportation, Potable Water,
Wastewater, Solid Waste, Stormwater Management, and Recreation (Future Land Use Policy 3.1).
The adequate provision of these services is necessary to ensure the continued quality of life enjoyed
by the community. The comprehensive plan also requires that new development be reviewed to
ensure that the minimum acceptable standards for these services and facilities are maintained.
DECEMBER 4, 2001
-66-
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Policy 3.2 of the Future Land Use Element stags that no development shall be approved unless it
is consistent with the concurrency management system component of the Capital Improvements
Element. For rezoning requests, conditional concurrency review is required.
Conditional concurrency review examines the available capacity of each facility with respect to a
proposed project. Since rezoning requests are not projects, county regulations call for the
concurrency review to be based upon the most intense use of the subject property based upon the
requested zoning district. For commercial rezoning requests, the most intense use (according to the
county's land development regulations) is retail commercial with 10,000 square feet of gross floor
area per acre of land proposed for rezoning. The site information used for the concurrency analysis
is as follows:
1. Size of Area to be Rezoned:
?. Land Use Designation
3. Existing Zoning District:
4. Proposed Zoning District:
1 acre
CIL Commercial/Industrial
CL, Limited Commercial
CH, Heavy Commercial
5. Most Intense Use Under Existing Zoning District:
10,000 sq. ft. of Retail Commercial (Shopping Center in the 6" Edition ITE Manual).
6. Most Intense Use Under Proposed Zoning District:
10,000 sq. ft. of Retail Commercial (Shopping Center in the 6" Edition ITE Manual).
As per section 910.07(2) of the Concurrency Management Chapter of the County's Land
Development Regulations, projects which do not increase density or intensity of use are exempt from
concurrency requirements. This rezoning request is exempt from concurrency review because the
requested zoning would not increase the use intensity of the site.
By changing the zoning of the subject property from CL to CH, some commercial uses not currently
allowed would be permitted on the site. However, because the most intense use of the property
would be the same with either zoning district, changing the property's zoning from CL to CH would
not create additional impacts on any concurrency facilities.
In this case, a detailed concurrency analysis will be done in conjunction with site development. That
concurrency analysis will address facility service levels and demand.
Compatibilitv with the Surrounding Area
Rezoning the subject property to the CH zoning district would be appropriate and would be
compatible with surrounding areas. Becauseproperties to the north and south of the subject property
are zoned CH, the subject request is for a continuation of an existing zoning pattern.
Generally, sites such as the subject property that front on major roads may be appropriate for any one
of several different commercial zoning districts, including CL, CG, and CH. In fact, this area of the
county already reflects that type of mixed zoning.
The existing CL district generally allows retail, restaurant, and office uses. Although the requested
CH district allows some of the same uses, the CH district is generally more oriented towards
contractor's trade, storage, and distribution uses. The transportation and access requirements of the
uses permitted in each of those distncts dictate the need for frontage on or near major roads.
Therefore, lots with frontage on US 1 and/or Old Dixie Highway may be appropriate for either CL
or CH zoning.
DECEMBER 4, 2001
-67-
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. .�'a Xt f. �'."`d:4't<Yr .� .,. ., .'��... ..na, �. ,- •y,,,}"'Y',�-y;1�•, ';kl ..� .. .,. ..,- .. (..1.
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Compared to the CL district, the CH district allows more storage and repair types of uses. For that
reason, the CH district can he anticipated to Generate slight1 greater impacts in terms of noise and
aesthetic concerns. The CL district, however, allows several retail uses not allowed in the CH
district. Those retail uses Generate more trips than storage and repair types of uses generate.
Therefore, in terms of traffic~ generation, the CL district can be anticipated to cause slightly greater
impacts.
In this case, the primary impacts associated with the request would be on the CL zoned residence
abutting the subject property to the south. At the October 25, 2001 Planning and Zoning
Commission meeting, a question arose regarding access for the residence. As a result of the
applicant's actions (described in the Existing Land Use Pattern section, at the top of page 3 of this
staff report) to redirect access to the residence, there is now a dispute between the applicant and the
owner of the residence. That access dispute, however, does not involve the zoning of the subject
property and has no relevance or relationship to the subject request, which is to rezone the subject
property from CL to CH.
As a legally -established nonconforming use, the residence may continue at that site until the
residential use has ceased for one year, at which point the residence cannot be re-established.
Additionally, nonconforming uses cannot be expanded. The county anticipates that, eventually, most
residential uses on C/I designated land will be replaced with C/I uses.
As with all commercial development, site design and buffering also can work towards mitigating
potential impacts. In this case, county regulations require that development on CH zoned land
located next to single family development most provide a type B vegetative buffer with a six foot
high opaque feature. Type B buffers must be at least 20 feet wide.
For those reasons, development of the site under the requested CH district would not be incompatible
with surrounding areas.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of the comprehensive plan.
Rezonings must also be consistent with the overall designation of land uses as depicted on the Future
Land Use Map, which include agriculture, residential, recreation, conservation, and commercial and
industrial land uses and their densities. Commercial and industrial land uses are located in nodes
throughout the unincorporated areas of Indian River County.
The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies
are statements in the plan that identify the actions which the county will take in order to direct the
community's development. As courses of action committed to by the county, policies provide the
basis for all county land development decisions. While all comprehensive plan policies are
important, some have more applicability than others in reviewing rezoning requests. Of particular
applicability for this request are Future Land Use Element Policies 1.15 and 1.16.
Future Land Use Element Policies 1.15 and 1.16
Future Land Use Element Policy 1.16 states that the commercial/industrial land use designation shall
permit uses that include repair services, storage and distribution services, and other similar uses. In
addition, Future Land Use Element Policy 1.15 states that all commercial/industrial uses must be
located within the county's urban service area.
Since the subject property is located within the county's urban service area, and the requested CH
district is intended for uses permitted within the commercial/industrial land use designation, the
request is consistent with Future Land Use Element Policies 1.15 and 1.16.
DECEMBER 4, 2001 //
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Compared to the CL district, the CH district allows more storage and repair types of uses. For that
reason, the CH district can he anticipated to Generate slight1 greater impacts in terms of noise and
aesthetic concerns. The CL district, however, allows several retail uses not allowed in the CH
district. Those retail uses Generate more trips than storage and repair types of uses generate.
Therefore, in terms of traffic~ generation, the CL district can be anticipated to cause slightly greater
impacts.
In this case, the primary impacts associated with the request would be on the CL zoned residence
abutting the subject property to the south. At the October 25, 2001 Planning and Zoning
Commission meeting, a question arose regarding access for the residence. As a result of the
applicant's actions (described in the Existing Land Use Pattern section, at the top of page 3 of this
staff report) to redirect access to the residence, there is now a dispute between the applicant and the
owner of the residence. That access dispute, however, does not involve the zoning of the subject
property and has no relevance or relationship to the subject request, which is to rezone the subject
property from CL to CH.
As a legally -established nonconforming use, the residence may continue at that site until the
residential use has ceased for one year, at which point the residence cannot be re-established.
Additionally, nonconforming uses cannot be expanded. The county anticipates that, eventually, most
residential uses on C/I designated land will be replaced with C/I uses.
As with all commercial development, site design and buffering also can work towards mitigating
potential impacts. In this case, county regulations require that development on CH zoned land
located next to single family development most provide a type B vegetative buffer with a six foot
high opaque feature. Type B buffers must be at least 20 feet wide.
For those reasons, development of the site under the requested CH district would not be incompatible
with surrounding areas.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of the comprehensive plan.
Rezonings must also be consistent with the overall designation of land uses as depicted on the Future
Land Use Map, which include agriculture, residential, recreation, conservation, and commercial and
industrial land uses and their densities. Commercial and industrial land uses are located in nodes
throughout the unincorporated areas of Indian River County.
The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies
are statements in the plan that identify the actions which the county will take in order to direct the
community's development. As courses of action committed to by the county, policies provide the
basis for all county land development decisions. While all comprehensive plan policies are
important, some have more applicability than others in reviewing rezoning requests. Of particular
applicability for this request are Future Land Use Element Policies 1.15 and 1.16.
Future Land Use Element Policies 1.15 and 1.16
Future Land Use Element Policy 1.16 states that the commercial/industrial land use designation shall
permit uses that include repair services, storage and distribution services, and other similar uses. In
addition, Future Land Use Element Policy 1.15 states that all commercial/industrial uses must be
located within the county's urban service area.
Since the subject property is located within the county's urban service area, and the requested CH
district is intended for uses permitted within the commercial/industrial land use designation, the
request is consistent with Future Land Use Element Policies 1.15 and 1.16.
DECEMBER 4, 2001 //
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While the referenced policies are particularly applicable to this request, other comprehensive plan
policies and objectives also have relevance. For that reason, staff evaluated the subject request for
consistency with all applicable plan policies and objectives. Based upon that analysis, staff
determined that the request is consistent with the comprehensive plan.
Potential Impact on Environmental Quality
Environmental protection regulations are the same for both the CL and the CH zoning districts.
Because the subject property is not environmentally significant or environmentally important,
development of the site will not impact significant natural resources.
CONCLUSION
The requested zoning is compatible with the surrounding area, and is consistent with the goals,
objectives, and policies of the comprehensive plan. Rezoning the site, as requested, will have no
negative impacts on environmental quality or the provision of public facilities and services. The
subject property is located In an area deemed suitable for heavy commercial uses. The request meets
all applicable criteria. For those reasons, staff supports the request.
RECOMMENDATION
Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board
of County Commissioners approve this request to rezone the subject property from CL to CH by
adopting the attached ordinance.
ATTACHMENTS
1. Summary Page
2. Rezoning Application
2001, Planning and Zoning Commission Meeting
3. Approved Minutes of the October 25,
q. Rezoning Ordinance
DECEMBER 4, 2001
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SUMMARY PAGE
GENERAL
Applicant: Wilson Masonry
Location: 6600 Old Dixie Highway
Acreage: ±1
Land Use Designation: C/I, Commercial/Industrial
Existing Zoning: CL, Limited Commercial District
Requested Zonina: CH, Heavy Commercial District
Existing Land Use: Vacant, cleared
ADJACENT LAND
North: Antique store, zoned CH
South: Animal Boarding Business, zoned CH; Single-family residence, zoned CL
East: Small store and gas station, zoned CL
West: Sand Pine Scrub, undeveloped, zoned IL
INFRASTRUCTURE
Site is bounded by Old Dixie Highway and US 1; Water lines extend to the site; Wastewater
lines do not extend to the site.
ENVIRONMENTAL CONSTRAINTS
None
PUBLIC NOTIFICATION
Staff Contact: John Wachtel
Date Advertised: November 21, 2001
# of Surrounding Property Owners Notified: 14
Date Notification Mailed. November 26, 2001
Date Sian Posted: November 21, 2001
STAFF RECOMMENDATION
Approval
PZC RECOMMENDATION
Approval (5 to 0)
ATTACHMENT -
DECEMBER 4, 2001
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Wilson Masonry, Inc.
Rezoning Request
Cl., Limited Commercial District, to
CH, Heavy Commercial District
Zoning District Differences
• CL, Limited Commercial District
— General Retail
— Service
— Professional Office
• CH, Heavy Commercial District
— Wholesale Trade & Distribution
— Storage & Repair
Criteria Analyzed
• Comprehensive Plan Consistency
• Concurrency
• Compatibility
• Environment
Comprehensive Plan Consistency
C/I Land Use
Designation
• FLUE Policies
1.15 & 1.16
• Consistent with
Comprehensive
Plan
DECEMBER 4, 2001
Background & Location
1 acre, vacant, cleared • 6600 Old Dixie Highway
PZC Action
• PZC recommends approval (5-0)
• No additional
impacts
Concurrency
Compatibility
• Site is appropriate
for CL, CG, or CH
• Continuation of CH
from north and south
• Potentially more
noise & storage
• Potentially less
traffic
• Adjacent residence is
non -conforming
20 foot wide Type B
buffer required
If
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Environmental Impacts
No significant impacts on important environmental
resources
No wetlands
• No native uplands
• Same regulations
Conclusion
• Compatible with
Surrounding Area
Consistent with the
Comprehensive Plan
No Impacts on
Public Facilities
No Significant
Environmental
Impacts
• Appropriate for
Heavy Commercial
• Staff Supports the
Request
Recommendation
Staff & the PZC
recommend
approval
• Adoption of
attached
ordinance
Community Development Director Bob Keating reviewed the request for the Board
using a POWER POINTTI'1 presentation. He noted that part of the property to the south is
a landlocked parcel involved in an ongoing dispute between owners regarding access. Mr.
Masonry has deeded an easement from US# I to the owner of the landlocked parcel but this
is a private property dispute which the County cannot resolve and which is not directly
related to the rezoning.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Randy Mosby of Mosby & Associates, 2455 14th Avenue, representing the owner,
stated that he was here to answer any questions the Board might have.
The Chairman asked if anyone else wished to be heard regarding 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 2001-034
DECEMBER 4, 2001
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Environmental Impacts
No significant impacts on important environmental
resources
No wetlands
• No native uplands
• Same regulations
Conclusion
• Compatible with
Surrounding Area
Consistent with the
Comprehensive Plan
No Impacts on
Public Facilities
No Significant
Environmental
Impacts
• Appropriate for
Heavy Commercial
• Staff Supports the
Request
Recommendation
Staff & the PZC
recommend
approval
• Adoption of
attached
ordinance
Community Development Director Bob Keating reviewed the request for the Board
using a POWER POINTTI'1 presentation. He noted that part of the property to the south is
a landlocked parcel involved in an ongoing dispute between owners regarding access. Mr.
Masonry has deeded an easement from US# I to the owner of the landlocked parcel but this
is a private property dispute which the County cannot resolve and which is not directly
related to the rezoning.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Randy Mosby of Mosby & Associates, 2455 14th Avenue, representing the owner,
stated that he was here to answer any questions the Board might have.
The Chairman asked if anyone else wished to be heard regarding 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 2001-034
DECEMBER 4, 2001
-72-
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amending the Zoning Ordinance and the
accompanying Zoning Map for ±1 acre located at
6600 Old Dixie Highway from CL, Limited
Commercial District, to CH, Heavy Commercial
District (Wilson Masonry).
ORDINANCE NO. 2001-034
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ± 1 ACRE, LOCATED AT
6600 OLD DIXIE HIGHWAY, FROM CL, LIMITED COMMERCIAL DISTRICT, TO CH,
HEAVY COMMERCIAL DISTRICT; AND DESCRIBED HEREIN, AND PROVIDING
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on
such matters, has held a public hearing and subsequently made a recommendation regarding this
rezoning request; and
WHEREAS, the Board of County Commissioners of Indian River County, Florida, did
publish and send its Notice of Intent to rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners has determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County; and
WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this
rezoning request, at which parties in interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian
River County, Florida, that the zoning of the following described property situated in Indian River
County, Florida, to -wit:
A PARCEL SITUATED IN SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39
EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM
THE SOUTHWEST CORNER OF THE SOUTHWEST'/4 OF THE NORTHEAST
'/4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39.EAST, RUN NORTH
139'37" WEST A DISTANCE OF 500.14 FEET; THEN NORTH 8845'05" EAST
A DISTANCE OF 134.86 FEET TO THE EASTERLY RIGHT OF WAY LINE OF
OLD STATE ROAD NO. 5; THEN RUN NORTH 1710' WEST 82 FEET TO THE
POINT OF BEGINNING. FROM THE SAID POINT OF BEGINNING RUN
NORTH 8845'05" EAST 398.00 FEET; THEN RUN SOUTH 1710' EAST 82
FEET; THEN RUN NORTH 8845'05" EAST 51.41 FEET TO THE WESTERLY
RIGHT OF WAY OF THE PRESENT STATE ROAD NO. 5; THEN RUN NORTH
1454'29" WEST 172.30; THEN RUN SOUTH 8840'05" WEST A DISTANCE
DECEMBER 4, 2001
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amending the Zoning Ordinance and the
accompanying Zoning Map for ±1 acre located at
6600 Old Dixie Highway from CL, Limited
Commercial District, to CH, Heavy Commercial
District (Wilson Masonry).
ORDINANCE NO. 2001-034
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ± 1 ACRE, LOCATED AT
6600 OLD DIXIE HIGHWAY, FROM CL, LIMITED COMMERCIAL DISTRICT, TO CH,
HEAVY COMMERCIAL DISTRICT; AND DESCRIBED HEREIN, AND PROVIDING
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on
such matters, has held a public hearing and subsequently made a recommendation regarding this
rezoning request; and
WHEREAS, the Board of County Commissioners of Indian River County, Florida, did
publish and send its Notice of Intent to rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners has determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County; and
WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this
rezoning request, at which parties in interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian
River County, Florida, that the zoning of the following described property situated in Indian River
County, Florida, to -wit:
A PARCEL SITUATED IN SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39
EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM
THE SOUTHWEST CORNER OF THE SOUTHWEST'/4 OF THE NORTHEAST
'/4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39.EAST, RUN NORTH
139'37" WEST A DISTANCE OF 500.14 FEET; THEN NORTH 8845'05" EAST
A DISTANCE OF 134.86 FEET TO THE EASTERLY RIGHT OF WAY LINE OF
OLD STATE ROAD NO. 5; THEN RUN NORTH 1710' WEST 82 FEET TO THE
POINT OF BEGINNING. FROM THE SAID POINT OF BEGINNING RUN
NORTH 8845'05" EAST 398.00 FEET; THEN RUN SOUTH 1710' EAST 82
FEET; THEN RUN NORTH 8845'05" EAST 51.41 FEET TO THE WESTERLY
RIGHT OF WAY OF THE PRESENT STATE ROAD NO. 5; THEN RUN NORTH
1454'29" WEST 172.30; THEN RUN SOUTH 8840'05" WEST A DISTANCE
DECEMBER 4, 2001
-73-
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OF 456.10 FEET TO THE EASTERLY RIGHT OF WAY OF OLD STATE ROAD
NO. 5; THEN RUN SOUTH 1710' EAST 91.60 FEET TO THE POINT OF
BEGINNING.
Be changed from CL, Limited Commercial District, to CH, Heavy Commercial District.
All with the meaning and intent and as set forth and described in said Land Development
Regulations.
TFus ordinance shall become effective upon filing with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 4'h day of December, 2001.
This ordinance was advertised in the Press -Journal on the 20 day of November, 2001, for
a public hearing to be held on the 4`s 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 Ave
Vice -Chairman Ruth M. Stanbridge Ave
Commissioner Fran B. Adams Ave
Commissioner Kenneth R. Macht Ave
to
Commissioner John W. Tippin Pave
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
B Y: Z: 01 aZ4
Caroline D. Ginn, Ch nnan
ATTEST: PC-) LCd� ) '`-' .
�frey K. Barton, Clerk
DECEMBER 4, 2001P6.J tcot. ei
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OF 456.10 FEET TO THE EASTERLY RIGHT OF WAY OF OLD STATE ROAD
NO. 5; THEN RUN SOUTH 1710' EAST 91.60 FEET TO THE POINT OF
BEGINNING.
Be changed from CL, Limited Commercial District, to CH, Heavy Commercial District.
All with the meaning and intent and as set forth and described in said Land Development
Regulations.
TFus ordinance shall become effective upon filing with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 4'h day of December, 2001.
This ordinance was advertised in the Press -Journal on the 20 day of November, 2001, for
a public hearing to be held on the 4`s 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 Ave
Vice -Chairman Ruth M. Stanbridge Ave
Commissioner Fran B. Adams Ave
Commissioner Kenneth R. Macht Ave
to
Commissioner John W. Tippin Pave
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
B Y: Z: 01 aZ4
Caroline D. Ginn, Ch nnan
ATTEST: PC-) LCd� ) '`-' .
�frey K. Barton, Clerk
DECEMBER 4, 2001P6.J tcot. ei
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ORDINANCE NO. 2001-034
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins fl, Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating,
Indian River Co. Approved
Date
Admin.
Legal
Budget
Dept. 4Ak / z /
Risk Mgr.
f:\cd\u\j w\rz\wilson 1\ord.doc
DECEMBER 4, 2001
-75-
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ORDINANCE NO. 2001-034
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins fl, Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating,
Indian River Co. Approved
Date
Admin.
Legal
Budget
Dept. 4Ak / z /
Risk Mgr.
f:\cd\u\j w\rz\wilson 1\ord.doc
DECEMBER 4, 2001
-75-
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9.Ae2e PUBLIC HEARING - JACK RAVECH AND OTHERS -
REQUEST TO REZONE ±50 ACRES LOCATED
BETWEEN 9TH STREET SOUTHWEST (OSLO ROAD)
AND 13TH STREET SOUTHWEST (KELLY ROAD)
ALONG THE EAST SIDE OF 31ST AVENUE FROM RS -3
TO RS -6 (CLARK DEVELOPMENT CO.) (Quasi -Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
The Board reviewed a Memorandum of November 26, 2001:
TO: James E. Chandler; County Administrator
D AR NLENT HEAD CONCURRENCE
Robert M. Keating, AICP Commu�Development Director
THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning
FROM: John Wachtel; Senior Planner, Long -Range Planning
DATE: November 26, 2001
RF.: Jack Ravech and Others' Request to Rezone 50.3 acres from RS -3 to RS -6
(RZON 2001-08-0033)
It is requested that
the data herein presented be given formal
consideration by
the Board of County
Commissioners at
its regular
meeting of
vle
December
4, 2001.
9.Ae2e PUBLIC HEARING - JACK RAVECH AND OTHERS -
REQUEST TO REZONE ±50 ACRES LOCATED
BETWEEN 9TH STREET SOUTHWEST (OSLO ROAD)
AND 13TH STREET SOUTHWEST (KELLY ROAD)
ALONG THE EAST SIDE OF 31ST AVENUE FROM RS -3
TO RS -6 (CLARK DEVELOPMENT CO.) (Quasi -Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
The Board reviewed a Memorandum of November 26, 2001:
TO: James E. Chandler; County Administrator
D AR NLENT HEAD CONCURRENCE
Robert M. Keating, AICP Commu�Development Director
THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning
FROM: John Wachtel; Senior Planner, Long -Range Planning
DATE: November 26, 2001
RF.: Jack Ravech and Others' Request to Rezone 50.3 acres from RS -3 to RS -6
(RZON 2001-08-0033)
It is requested that
the data herein presented be given formal
consideration by
the Board of County
Commissioners at
its regular
meeting of
December
4, 2001.
DESCRIPTION AND CONDITIONS
This is a request to rezone 50.3 acres located between 9`h Street, SW (Oslo Road) and 13`h Street, SW
(Kelly Road), along the east side of 3151 Avenue, from RS -3, Single -Family Residential District (up
to 3 units/acre), to RS -6, Single -Family Residential District (up to 6 units/acre). The purpose of this
request is to secure the necessary zoning to develop the site (depicted in Figure 1) with single-family
residences on lots consistent with RS -6 requirements.
DECEMBER 4, 2001
-76-
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Planning and Zoning Commission :fiction
On October 25, 2001, the Planning and Zoning Commission, citing compatibility concerns, voted
3 to 2 to deny this request. Although the majority of the Planning and Zoning Commissioners
present voted to deny the request, Section 103.02.12 of the County Code of Laws and Ordinances
states that any matter or application considered by a board or commission with more than five
members must receive four or more votes for passage. Since the Planning and Zoning Commission
has seven members and the motion to deny received only three votes, that motion technically failed,
and this request is forwarded to the Board of County Comm ssioners without a recommendation
from the Planning and Zoning Commission.
Figure 1: Location and Zoning of the Subject Property
DECEMBER 4, 2001
-77-
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Planning and Zoning Commission :fiction
On October 25, 2001, the Planning and Zoning Commission, citing compatibility concerns, voted
3 to 2 to deny this request. Although the majority of the Planning and Zoning Commissioners
present voted to deny the request, Section 103.02.12 of the County Code of Laws and Ordinances
states that any matter or application considered by a board or commission with more than five
members must receive four or more votes for passage. Since the Planning and Zoning Commission
has seven members and the motion to deny received only three votes, that motion technically failed,
and this request is forwarded to the Board of County Comm ssioners without a recommendation
from the Planning and Zoning Commission.
Figure 1: Location and Zoning of the Subject Property
DECEMBER 4, 2001
-77-
Existing Land Use Pattern
The RS -3 zoned subject property is vacant and heavily wooded. Land to the north of the suhject
property, across 9`h Street, Sys', is zoned CG, General Commercial District, and contains a `y'inn
Dixie Shopping Center.
Land to the west of the subject property, on the west side of 31" Avenue, is zoned RS -3 and contains
two platted single-family subdivisions. As a whole, those subdivisions contain a variety of lot
widths and sizes.
One of those subdivisions, Stirling Lakes Estates, is relatively small in terms of both land area and
number of lots (22). Because Stirling Lakes Estates was platted in 1985 under current subdivision
regulations, all of its lots conform to existing RS -3 size and dimension criteria. For that reason, all
of the lots in Stirling Lakes Estates are at least 80 feet wide.
The other subdivision, Grovenor Estates, is significantly larger in terms of both land area and
number of lots. Platted in 1957, Grovenor Estates contains slightly smaller lots that do not conform
to the existing RS -3 size and dimension criteria. Although several lots have been combined, most
of the original platted lots are 70 or 75 feet wide and contain approximately 9,500 square feet.
Land to the south of the subject property, across 13`h Street, SW, is the site of the Colony mixed use
planned development. Zoned PD, Planned Development, the Colony has been conceptually
approved at a density of 2.5 units/acre. County engineering staff are currently reviewing a Land
Development Permit application for the Colony.
Land along most of the subject property's eastern boundary is zoned RS -3. The exception is the
northern 635 feet which is zoned CL, Limited Commercial District. The land between the subject
property and 27`h Avenue (Emerson Avenue) contains several uses, including the following:
• mobile homes on the southern portion;
• a mix of vacant lots, abandoned structures, single-family residences, and multiple-farmly
buildings on the centralportion; and
• professional offices, vacant wooded land, and storage and repair businesses on the northern
portion.
A convenience store and gas station have been approved, although not constructed, at the southwest
corner of 9`h Street, SW and 27`h Avenue.
Future Land Use Pattern
The subject property, properties to the south and west of the subject property, and most of the
properties to the east of the subject property are designated L-2, Low -Density Residential -2, on the
county future land use map. The L-2 designation permits residential uses with densities up to 6
units/acre.
Lands along the northern 635 feet of the subject property's eastern boundary, and lands to the north
of the subject property are designated C/1, Commercial/Industrial. The C/I designation allows
various commercial and industrial zoning districts.
DECEMBER 4, 2001
-78-
Environment
The subject property contains mostly pine flatwoods habitat. Cabbage Palm and hardwood
hammocks are also on the site. The southeast corner of the site appears to contain a small (1 35 acre)
jurisdictional wetland. Some nuisance exotic vegetation (melaleuca and Brazilian pepper) exist
throughout the site. Federal Emergency Management Agency maps indicate that the site is not
within a flood hazard area.
Utilities and Services
The site is within the Urban Service Area of the county. Water lines from the South County Reverse
Osmosis Plant and sewer lines from the South Regional Wastewater Treatment plant extend aloncyg
9`h Street, SW to the subject property.
Transportation System
The subject property is bounded by 9`h Street, SW; 13`h Street, SW; and 31" Avenue. The portion
of 9`h Street, SW that is adjacent to the site is classified as an urban principal arterial road on the
future roadway thoroughfare plan map. Scheduled for expansion to 4 lanes by 2020, that segment
of 9`h Street, SW is currently a 2 lane paved road with approximately 150 feet of public road right-of-
way.
The segment of 13`h Street, SW on the south side of the subject property is classified as an urban
collector road on the future roadway thoroughfare plan map. That portion of 13`h Street, SW is a 2
lane unpaved road with approximately 40 feet of public road right-of-way. Currently, there are no
plans to expand 13`h Street, SW.
Thirty-first Avenue, which is the subject property's western boundary, is a 2 lane, unpaved, local
road. Currently, there are no plans to expand 31" Avenue.
Development on the subject property would also generate traffic on 27`h Avenue. Classified as an
urban collector road on the future roadway thoroughfare plan map, the portion of 27`x' Avenue
between 9`h Street, SW and 13`h Street, SW is a 2 lane paved road with 50 to 90 feet of public road
right-of-way. Currently, there are no plans to expand this segment of 27`h Avenue.
ANALYSIS
In this section, an analysis of the reasonableness of the request will be presented. Specifically, this
section will include:
• an analysis
of
the
request's
impact on public facilities;
• an analysis
• an, analysis
of
of
the
the
request's
request's
compatibility with the surrounding area,
consistency with the county's comprehensive plan; and
• an analysis
of
the
request's
potential impact on environmental quality.
Impact on Public Facilities
This site is located within the county Urban Service Area, an area deemed suited for urban scale
development. The Comprehensive Plan establishes standards for: Transportation, Potable Water,
Wastewater, Solid Waste, Stormwater Management, and Recreation (Future Land Use Policy 3.1).
The adequate provision of these services is necessary to ensure the continued quality of life enjoyed
by the community. The Comprehensive Plan and Land Development Regulations also require that
new development be reviewed to ensure that the minimum acceptable standards for these services
and facilities are maintained.
Policy 32 of the Future Land Use Element states that no development shall he approved unless it
is consistent with the concurrency manarTement system cornponent of the Capital Impro ernents
Element. For rezoning requests, conditional concurrency review is required.
Conditional concurrency review examines the available capacity of each facility with respect to a
proposed project. Since rezoning requests are not projects, county regulations call for the
concurrency review to be based on the most intense use of the subject property based on the
requested zoning district.
The site information used for the concurrency analysis is as follows:
I. Size of Area to be Rezoned: 50.3 acres
2. Existing Zoning District: RS -3, Single -Family Residential District (up to 3 units/acre)
3. Proposed Zoning District: RS -6, Single -Family Residential District (up to 6 units/acre)
4. Most Intense Use of Subject Property under Existing Zoning District: 150 single-family units
5. Most Intense Use of Subject Property under Proposed Zoning District: 301 single-family units
Transportation
As part of the concurrency review process, the applicant has submitted a Traffic Impact Analysis
(TIA). The county's Traffic Engineering Division has reviewed and approved that TIA. A TIA
reports the number of peak hour/peak season/peak direction trips that would be generated by the
most intense use of the subject property under the proposed zoning district, and assigns those trips
to impacted roads. Impacted roads are defined in section 910.09(4)(b)3 of the county's LDRs as
roadway segments which receive five percent (5%) or more of the project traffic or fifty (50) or more
project trips, whichever is less.
According to the approved TIA, the existing level of service on impacted roadways would not he
lowered by the traffic generated by development of 301 single-family units on the subject property.
Water
Centralized potable water distribution lines extend from the South County Reverse Osmosis Plant
to the subject property. With the most intense use allowed under the proposed rezoning, the subject
property will have a water consumption rate of 301 Equivalent Residential Units (ERU), or 75,250
gallons/day. This is based upon a level of service standard of 250 gallons/ERU/day. Since the South
County Reverse Osmosis Plant currently has a remaining capacity of more than 3,900,000
gallons/dav, the plant can accommodate the additional demand generated by the proposed zoning.
Wastewater
Centralized wastewater collection lines extend from the South Regional Wastewater Treatment Plant
to the subject property. If a 301 unit residential project on the site connected to the regional sewer
system, that project would have a wastewater generation rate of 301 Equivalent Residential Units
(ERU), or 75,250 gallons/day. This is based upon a level of service standard of 250
gallons/ERU/day. Since the South Regional Wastewater Treatment Plant currently has a remaining
capacity of approximately 651,000 gallons/day, the plant can accommodate the additional demand
generated by the proposed zoning.
DECEMBER 4, 2001
-80-
Solid Waste
Solid waste service includes pick-up by private operators and disposal at the county landfill. The
county's adopted level of service standard for landfill capacity is 1.97 cubic yards/person/ year. With
the county's average of approximately 2.3 persons/unit, a 301 unit residential development would
be anticipated to house approximately 692 people (2.3 X 301). For the subject request to nzeet the
county's adopted level of service standard of 1.97 cubic yards/person/year, the landfill must have
enough capacity to accommodate approximately 1,364 (692 X 1.97) cubic yards/year.
A review, of the solid waste capacity for the active segment of the county landfill indicates the
availability of more than 800,000 cubic yards. The active segment of the landfill has a 4 year
capacity, and the landfill has expansion capacity beyond 2010. Based on the analysis, staff
determined that the county landfill can accommodate the additional solid waste generated by the site
under the proposed zoning district.
Stormwater Management
All developments are reviewed for compliance with county stormwater regulations which require
on-site retention, preservation of floodplain storage and minimum finished floor elevations. In
addition, development proposals must meet the discharge requirements of the county Stormwater
Management Ordinance. Since the site is located within the NIA Drainage Basin and the Indian
River Farms Water Control District (IRFWCD), development on the property will be prohibited from
discharging any runoff in excess of 2 inches in a 24 hour period, which is the approved IRFWCD
discharge rate.
In this case, the minimum floor elevation level of service standards do not apply, since the property
does not lie within a floodplain. However, both the on-site retention and discharge standards apply.
With the most intense use of this site under the proposed amendment, the maximum area of
impervious surface would be approximately 30.13 acres. The maximum runoff volume, based on
that amount of impervious surface and the 25 year/24 hour design storm, and given the IRFWCD
2 inch discharge requirement, would be approximately 1,351,000 cubic feet. In order to maintain
the county's adopted level of service, the applicant would be required to retain approximately
986,000 cubic feet of runoff on-site. With the soil characteristics of the subject property, it is
estimated that the pre -development peak runoff rate is 94.61 cubic feet/second.
Based upon the County Engineering Division's analysis, the drainage level of service standard would
be met by limiting off-site discharge to the IRFWCD's maximum discharge rate of 2 inches in 24
hours, and requiring retention of the 986,000 cubic feet of runoff for the most intense use of the
property.
As with all development, a more detailed drainage review will be conducted during the development
approval process.
Recreation
A review of county recreation facilities and the projected demand that would result from the most
intense development that could occur on the subject property under the proposed zoning district
indicates that the adopted level of service would be maintained. The following table illustrates the
additional park demand associated with the proposed development of the property and the existing
surplus park acreage.
LOS (Acres per 1,000 Population)
4.0
DECEMBER 4, 2001
PARK INFORMATION
Project Demand (Acres)
2.7692
-81-
Surplus Park Acreage J
1,164 )
�3ri � �' Ll 'j: � J E•
N
9W mwrw��
Solid Waste
Solid waste service includes pick-up by private operators and disposal at the county landfill. The
county's adopted level of service standard for landfill capacity is 1.97 cubic yards/person/ year. With
the county's average of approximately 2.3 persons/unit, a 301 unit residential development would
be anticipated to house approximately 692 people (2.3 X 301). For the subject request to nzeet the
county's adopted level of service standard of 1.97 cubic yards/person/year, the landfill must have
enough capacity to accommodate approximately 1,364 (692 X 1.97) cubic yards/year.
A review, of the solid waste capacity for the active segment of the county landfill indicates the
availability of more than 800,000 cubic yards. The active segment of the landfill has a 4 year
capacity, and the landfill has expansion capacity beyond 2010. Based on the analysis, staff
determined that the county landfill can accommodate the additional solid waste generated by the site
under the proposed zoning district.
Stormwater Management
All developments are reviewed for compliance with county stormwater regulations which require
on-site retention, preservation of floodplain storage and minimum finished floor elevations. In
addition, development proposals must meet the discharge requirements of the county Stormwater
Management Ordinance. Since the site is located within the NIA Drainage Basin and the Indian
River Farms Water Control District (IRFWCD), development on the property will be prohibited from
discharging any runoff in excess of 2 inches in a 24 hour period, which is the approved IRFWCD
discharge rate.
In this case, the minimum floor elevation level of service standards do not apply, since the property
does not lie within a floodplain. However, both the on-site retention and discharge standards apply.
With the most intense use of this site under the proposed amendment, the maximum area of
impervious surface would be approximately 30.13 acres. The maximum runoff volume, based on
that amount of impervious surface and the 25 year/24 hour design storm, and given the IRFWCD
2 inch discharge requirement, would be approximately 1,351,000 cubic feet. In order to maintain
the county's adopted level of service, the applicant would be required to retain approximately
986,000 cubic feet of runoff on-site. With the soil characteristics of the subject property, it is
estimated that the pre -development peak runoff rate is 94.61 cubic feet/second.
Based upon the County Engineering Division's analysis, the drainage level of service standard would
be met by limiting off-site discharge to the IRFWCD's maximum discharge rate of 2 inches in 24
hours, and requiring retention of the 986,000 cubic feet of runoff for the most intense use of the
property.
As with all development, a more detailed drainage review will be conducted during the development
approval process.
Recreation
A review of county recreation facilities and the projected demand that would result from the most
intense development that could occur on the subject property under the proposed zoning district
indicates that the adopted level of service would be maintained. The following table illustrates the
additional park demand associated with the proposed development of the property and the existing
surplus park acreage.
LOS (Acres per 1,000 Population)
4.0
DECEMBER 4, 2001
PARK INFORMATION
Project Demand (Acres)
2.7692
-81-
Surplus Park Acreage J
1,164 )
�3ri � �' Ll 'j: � J E•
N
COnCUrrencv Summary
Based upon the analysis conducted, staff has determined that all coiacurrerc rnandatc d facilities,
including mormwater management, roads, solid waste, recieation, water, and wastewater, have
adequate capacity to acainu7iodate the most intense use of the subject property under the proposed
zoning; district. Therefore, the concurrency test has been satisfied for the subject request.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of the comprehensive plan.
Rezoning requests must also be consistent with the overall designation of land uses as depicted on
the Future Land Use Map, which includes agricultural, residential, recreational, conservation, and
commercial arid industrial land uses and their densities. Commercial and industrial land uses are
located in nodes throughout the unincorporated areas of Indian River County
The goals, objectives and policies are the most important parts of the comprehensive plan. Policies
are statements in the plan which identify the actions which the county will take in order to direct the
community's development. As courses of action committed to by the county, policies provide the
basis for all county land development related decisions. While all comprehensive plan policies are
important, some have more applicability than others in reviewing rezoning requests. Of particular
applicability for this request are the followirig policies.
Future Land Use Element Policies 1.11 and I.12
Future Land Use Element Policy 1.12 states that the L-2, Low-Derisity Residential -2, land use
designation is intended for residential uses with densities up to six units/acre. In addition, Policy
1.11 states that these residential uses must be located within an existing or future urban service area.
Because the subject property is located within an area designated as L-2 on the county's future land
use plan map and is located within the county's urban service area, and the proposed zoning district
would permit residential uses no denser than six units/acre, the proposed request is consistent with
Future Land Use Element Policies 1.11 and 1.12.
Consistency Sufrrmary
While Future Land Use Element Policies 1.1 1 and 1.12 are particularly applicable to this request,
other comprehensive plan policies and objectives also have relevance. For that reason, staff
evaluated the subject request for consistency with all applicable plan policies and objectives. Based
upon that analysis, staff detennined that the request is consistent with the comprehensive plan.
Compatibility with the Surrounding Area
The following factors indicate that. rezoning the snbje4ct property to RS -6 would be reasonable and
that the iesultin.; RS -6 development would be compatible with surrounding single-family arias:
• The site's comprehensive plan land use designation allows residential uses at densities of up
to six units/acre.
• The concurrency analysis indicates that there is more than enough capacity to serve
development under the RS -6 district.
• The subject property is adjacent to two thoroughfare pian roads, several comrnerciaUindustrial
uses, and a mobile home park. In terms of land use intensity, the RS -6 district is a transition
between those relatively high intensity uses and the relatively low intensity RS -3 district to the
west of the subject property.
DECEMBER 4, 2001P111
�.'J
-82-
• The likely type of development for the subject property under the RS -6 district is single-family
residences. Therefore, rezoning the site to RS -6 would likely result in the site developing with
the same type of uses as exist to the west.
• The Grovenor Estates and Stirling Lakes Estates subdivisions contain lots of various sizes,
particularly considering that several lots in Grovenor Estates have been combined. As platted,
however, most of the lots on the west side of 31"Avenue do not conform to the current RS -3
standards for minimum lot width (80 feet) or minimum lot area (12,000 square feet). In fact,
most of those lots are between 70 and 80 feet wide and approximately 9,500 square feet in
size. Those lots would be consistent with the minimum RS -6 standards (70 feet wide, and
7,000 square feet in size). For those reasons, the size of lots in a single-family subdivision on
the subject property would likely be similar to the size of lots in the Grovenor Estates and
Stirling Lakes Estates subdivisions.
For those reasons, development of the site under the RS -6 district would be compatible with
surrounding areas.
Potential Impact on Environmental Quality
Environmental impacts of residential development on the subject property would be essentially the
same under either the existing or the proposed zoning district. The county's 10-15% native upland
plant community set aside requirement would apply to development on the subject property,
regardless of zoning district. If an environmental survey indicates that wetlands exist on the site,
federal, state and county wetland protection regulations would apply. For these reasons, no
significant adverse environmental impacts associated with this request are anticipated.
CONCLUSION
The requested zoning is compatible with the surrounding area, consistent with the comprehensive
Plan, meets all concurrency criteria, and will have no negative impacts on environmental quality.
The subject property is located in an area deemed suited for low-density single-far
ti and meets all applicable rezoningily residential
riteria. For these reasons, staff supports the request.
RECOMMENDATION
Based on the analysis, staff recommends that the Board of County Commissioners approve this
request to rezone the subject property from RS -3 to RS -6 by adopting the attached ordinance.
DECEMBER 4, 2001
-83- '
SUMMARY PAGE
GENERAL
Applicant: Jack Ravech and others
Location: between Oslo Road and Kelly Road, along the east side of 31" Avenue
Acreage: 50.3
Land Use Designation: L-2, Low -Density Residential -2 (up to 6 units/acre)
Existing Zoning: RS -3, Single -Family Residential District (up to 3 units/acre)
Requested Zoning: RS -6, Single -Family Residential District (up to 6 units/acre)
Existing Land Use: undeveloped woodlands
ADJACENT LAND
North: Shopping Center; zoned CG, General Commercial District
South: Vacant woods, mixed use project (approved); zoned PD, Planned Development Dist.
East: Mobile homes, single-family homes, professional office, convenience store and gas
station (approved), storage and repair; zoned RS -3 and CL
West: Single-family residences; zoned RS -3
INFRASTRUCTURE
Water and sewer lines extend to the site; access from Oslo & Kelly Roads
ENVIRONMENTAL CONSTRAINTS
upland set-aside; probable small wetlands
PUBLIC NOTIFICATION
Staff Contact: John Wachtel
Date Advertised: November 21, 2001
# of Surrounding Property Owner Notifications:
Date Notification Mailed: November 26, 2001
Date Sign Posted: November 21, 2001
PZC RECOMMENDATION
Deny (3 to 2; technically, no recommendation)
STAFF RECOMMENDATION
Approval
ATTACHMENT 1
DECEMBER 4, 2001
.84.
62
PDQ �D JIM
Ravech & Others' Rezoning
Request
RS -3, Single -Family Residential District
(up to 3 units/acre),
to
RS -6, Single -Family Residential District
(up to 6 units/acre)
Criteria Analyzed
• Concurrency
• Comprehensive Plan Consistency
• Compatibility
• Environment
Compatibility
• Same the of developmem
as to the west
- singlafamily residendal
• Most development to the
west meets RS -6, not RS -
3, lot size & width criteria
- same lot size & width as
most devetopment to the
N HI
• Transition
Sufficient capacity & plan
designation
- up to 6 unhYacre
Request Is compatible
DECEMBER 4, 2001
Background
Location
• 50.3 acres
• Oslo Road &
31st Avenue
• Vacant, wooded
Concurrency
• Potable Water
• Wastewater
• Solid Waste
• Transportation
• Recreation
• Stormwater
Management
Impact on the
Environment
• Same regulations
• 10-15% upland
preservation
• Fed., state & county
wetland regs apply
No significant
impacts on important
environmental
resources
• Staff
recommends
approval
• Adoption of
attached
ordinance
-85-
PZC Action
• PZC voted 3 to 2 to recommend denial
- Technically faded
• 7 member boards need 4 votes to pass a
motion
• No official recommendation
Comprehensive
Plan
• L-2 Land Use
Designation
• Low Density
Residential up to 6
units/acre
- FLUE Policies 1.11
& 1.12
Consistent with
Comprehensive Plan
Conclusion
• Compatible with
Surrounding Area
• Consistent with the
Comprehensive Plan
• No Impacts on Public
Facilities
• No Significant
Environmental
Impacts
• Staff Supports the
Request
Ud1
Community Development Director Bob Keating revieW ed the project using a
POWER POINTTM presentation and stated, in response to several questions, that Grovenor
Estates' lots are a little smaller than required by RS -3 zoning but larger than required under
RS -6 zoning. In order to get 300 units on this parcel, the owner would have to submit a
planned development application.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Diane Cabral, 3129 11t' Street SW, Grovenor Estates, was opposed to the project
and had concerns about the amount of traffic that would be created. She stated that The
Colony is being developed with 550 single-family and 200 multi -family residences with a
golf course located on 27`h Avenue; Arbor Trace has 151 single-family residences in
construction; and there are a number of commercial properties also in construction. There
is only I paved and 1 unpaved road going into Grovenor Estates and Stirling Lake Estates
and the traffic is already very difficult. Oslo Road is not scheduled to be expanded until
2020 and the proposed 1-95 off ramp would only create more traffic.
Donna Rutledge, 1276 32nd Avenue SW, read a petition bearing 124 signatures in
opposition to the project. (COPY OF PETITION IS ON FILE WITH THE BACKUP FOR
TODAY'S MEETING.) They are all concerned about the type of homes proposed to be
built, the noise level, the impact on the neighboring schools and the traffic impact. She also
expressed her concern for the local wildlife and her pleasure in walking in the neighborhood.
DECEMBER 4, 2001
She encouraged the Board to keep the standards as high as possible for the coming growth
of the County and told them that the citizens look to them to enhance their quality of life.
Roger Butler, 1236 33rd Avenue SW, was opposed and cited his concerns that a
subsequent owner of the parcel could put in low-income subsidized housing and that the
traffic would be a major hurdle.
Bill Corcoran, 980 32"d Avenue SW, Stirling Lake Estates, was opposed to the
project and stated his concerns were the additional traffic, the lot sizes, and the
environmental impact on the wildlife.
Susie Schubel, 1205 33" Avenue SW, was opposed to the project with concerns
about the traffic. The residents in that area petitioned to have their road paved and now
there will be another development using it. She stated that Attorney Bruce Barkett had
appeared before the Board in March, asking the Board to decline a request to pave other
streets.
Courtney Mace, 1275 33rd Avenue SW, expressed her concerns about the traffic and
increased density, as well as overcrowding of the schools. She was also concerned about
environmental issues and pointed out that endangered turtles and woodpeckers live in that
area.
Rev. Tom Haar, 3208 11" Street SW, felt the safety of the residents is the more
pressing concern and was opposed because of the increase in traffic.
DECEMBER 4, 2001
-87-
1 ✓,
Mrs. Corcoran, 980 32" Avenue SW, asked the Board not to grant the rezoning
because of the density and the traffic problems.
Bruce Barkett, Attorney 756 Beachland Boulevard, representing the contract
purchaser from the named applicant, asked Director Keating about the environmental impact
of the development, and Director Keating noted that whether the property is zoned RS -3 or
RS -6, any developer would have to put in roads, stormwater, etc. There is not any more
protection with RS -3 or RS -6. The developer would also have to set aside either 10% or
15% of the native uplands so there is not a significant difference in terms of environmental
protection.
Attorney Barkett also questioned Director Keating about the traffic study, and
Director Keating responded that there are no difficulties which could not be overcome.
Attorney Barkett continued that the plan shows 80 -foot lots which are wider than the
minimum in RS -6 zoning. 70 -foot minimum lots are predominant in Grovenor Estates and
those lots are either built on or available for building. He felt that to say this development
is incompatible with the area defies logic. The reality is that the development calls for 2.5
units per acre which is not allowable under RS -3 zoning. He also noted that he had never
been before the Board to oppose a paving project.
Chairman Ginn questioned the need for the zoning change if 2.5 units per acre are
proposed.
Attorney Barkett noted that the minimum lot size for RS -3 zoning is 12,000 square
feet while the development proposes 9,500 square feet.
Commissioner Macht questioned why a PD was not proposed where the Board could
protect more of the environment and give the neighbors a more aesthetically pleasing design.
DECEMBER 4, 2001
-88-
fw' PCf
Director Keating responded that staff had also suggested that and that is essentially
what is proposed. However, even if this plan is approved, a subsequent developer could use
some other plan. The applicant had reasons to decline a PD.
Attorney Barkett noted that at the time they were discussing the plan with staff, the
Board was having a lot of hesitation about PDs and this is a logical rezoning request.
Director Keating noted that the proposal is a preliminary plan and meets the
requirements of RS -6 zoning.
Bill Hall, 1453 32nd Avenue SW, expressed concerns about the increased traffic and
the proposed right -turn -only lane at Oslo Road. There are children walking and riding
bicycles in this neighborhood and the traffic is already unsafe.
Director Keating stated that the plan is compatible with the County's grid pattern.
Staff believes that the traffic will take 13"' Street SW east, make a left at 27" Avenue SW,
and then make a left at the traffic signal to get to Oslo Road.
Deputy Robert Haas, 1423 32°d Avenue SW, believed that residents will go to the
33`d Avenue intersection with Oslo which is already dangerous and this increased density
will only compound the problem.
The Chairman asked if anyone else wished to be heard regarding this matter
being none, the Chairman closed the public hearing.
DECEMBER 4, 2001
-89-
There
MOTION WAS MADE by Commissioner Macht,
SECONDED by Chaimian CTinrl, to deny the retluest
to rezone ±50.3 acres located between 9" Street
Southwest (Oslo Road) and 13" Street Southwest
(Kelly Road) along the east side of 31"Avenue from
RS -3. Single -Family Residential District (up to 3
units/acre) to RS -6, Single -Family Residential
District (up to 6 units/acre) (,lack Ravech and others
Clark Development Co.), encouraging the
applicant to reapply based on the current zoning.
Commissioner Stanbridge supported the motion because of the concern of the
neighbors.
County Attorney Bangel suggested there be cited some explanation of how the
existing zoning accomplishes a public purpose, and Commissioner Macht stated that the
development would be incompatible with the existing neighborhoods on the east and that
the general welfare of the surrounding neighborhoods is a factor.
THE CHAIRMAN CAI LED THE QUESTION and
the Motion passed unanimously (denied the request
to rezone x-50.3 acres located between 9`h Street
Southwest (Oslo Road) and 13" Street Southwest
(Kelly Road) along the east side of 31;t Avenue from
RS -3, Single -Family Residential District (up to 3
units/acre) to RS -h, Single -Family Residential
District (up to 6 units/acre) (Jack Ravech and others
- Clark Development Co.).
DECEMBER 4, 2001
-90-
9.A.3.
PUBLIC HEARING - ORDINANCE 2001-035 REGARDING
PLANNED DEVELOPMENT OPEN SPACE
REOUIREMENTS, AMENDING THE FOLLOWING
CHAPTER OF THE LAND DEVELOPMENT
REGULATIONS (LDRS); CHAPTER 915, OPEN SPACE
STANDARDS (COMMERCIAL/INDUSTRIAL PD ZONING
- FORMER VERO MALL SITE) (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
The Board reviewed a Memorandum of November 15, 2001:
T0: James Chandler
County Administrator
7.NT HEAD CONCURRENCE:
Robert M. Keating, AICP
Communitv Development Director
15'
FROM Stan Boling, AICP
Planning Director
DATE: November 15, 2001
SUBJECT: Request to Amend Section 915.15(1) of the Land Development Regulations to
Modify Open Space Requirements for Commercial/ Industrial P.D. Zoning
Districts (Staff -Initiated)
It is requested that the data herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of December 4, 2001.
DECEMBER 4, 2001
-91-
BACKGRO[_'ND
Recently, staff held several meetings with a developer who wishes to redevelop the former Vero
Mall site at U.S. 1 and 12`h Street. That site is currently the largest and most prominent non-
conforming commercial site in the unincorporated area of the county that needs to be
redeveloped. Unlike most redevelopment sites in the county, the former mall site is large
(almost 14 acres) and was developed (in 1977) with less than 10`3% green open space. Given those
circumstances, it appears that the site cannot be feasibly redeveloped with use of existing
buildings and meet current CG zoning district open space standards (25% green area). During
discussions with the developer, staff determined that a P.D. commercial rezoning was the most
appropriate vehicle for approving redevelopment of the site in a manner that sets feasible
standards for the developer and that guarantees "public benefits" for the county. However, in its
review of current P.D. open space standards and the open space standards applicable to
conventional commercial and industrial districts, staff found that the current P.D. standards are
not flexible enough.
Greater flexibility is needed county -wide for P.D. commercial/industrial open space standards,
regardless of whether or not such flexibility is actually used in the redevelopment of the former
Vero Mall site. In addition to redevelopment projects, certain industrial projects also need more
flexibility since those types of projects can be more appropriately controlled through the P.D.
process rather than through conventional IL and 1G zoning district requirements. For those
reasons, staff has initiated an LDR change to provide needed flexibility within the P.D.
commercial/industrial rezoning process.
At its meeting of October 26, 2001, the PSAC (Professional Services Advisory Committee)
voted 4-1 to recommend that the Board of County Commissioners (BCC) adopt the proposed
LDR amendment ordinance (see attachment #1). The PZC (Planning and Zoning Commission)
considered the amendment at its November 8, 2001 meeting and voted 6-0 to recommend that
the Board adopt the proposed change (see attachment #2). The BCC is now to consider the
proposed ordinance and is to adopt, adopt with changes, or deny the proposed ordinance (see
attachment #3).
ANALYSIS
Since 1990, the LDRs have allowed for planned development (P.D.) zoning districts to be
established in areas designated as commercial and industrial in the comprehensive plan. Such
P.D. zoning districts have been approved for the Wal-Mart/Sam's stores on S.R. 60, the Grand
Harbor Marina area, Hedin Commercial site (S.R. 60), Magi Mini -storage, Attic 60 Mini -storage,
and most recently the "Woodlake Commons" commercial/industrial project at U.S. 1 and 39`h
Street. These P.D. rezonings have been successful in providing flexibility for developers and
guaranteeing public benefits. Such benefits include: restricting certain "problem" uses that are
allowed in the conventional commercial/industrial districts, providing upgraded landscaping and
aesthetic/design enhancements, and promoting economic development.
For each of the county's zoning districts (conventional and planned development districts), the
LDRs set a minimum open space standard. Under current P.D. open space requirements, the
P.D. rezoning process is not as useful a tool as it could be. Based on current P.D. open space
requirements, P.D. commercial/industrial rezonings are not feasible for some redevelopment
sites that were previously developed substantially below current open space standards. In
addition, the current P.D. open space standard provides a disincentive for industrial P.D.s, since
such P.D.s would require 67% more open space than would be required if the project site were
simply rezoned to IL or IG. Perhaps this is why no industrial P.D.s have been proposed to date.
Currently, the conventional commercial and industrial zoning districts require open space
minimums that range between 15% and 35° o of the site, as follows:
DECEMBER 4, 2001
-92-
i 2i
Commercial/Industrial District
Minimum Open Snace Required
PRO (Professional, Residential, Office) .....................
35%
OCR (Office, Commercial, Residential) ........................
35°io
MED (Medical) ...................................................
301/o
CN (Commercial Neighborhood) ..............................
30`;/0'
CL (Commercial Limited) .....................................
25//0
CG (Commercial General) ......................................
251/1
CH (Commercial Heavy) .......................................
20%
IL (Industrial Light) .............................................
15%
IG (Industrial
General) ............................................
15%
In contrast to the 15% to 351//0 range for conventional districts, all P.D. commercial/industrial
rezonings, regardless of whether or not the site is an industrial or redevelopment site, currently
require a minimum of 25% open space. Such a requirement prevents use of a 15% to 25% open
space requirement on certain commercial/industrial sites where such a standard might be
appropriate. A 1510 to 25% standard could be appropriate for certain industrial sites and for
certain redevelopment sites such as the former Vero Mall site. An example of using the
proposed 15°% open space minimum for a large commercial redevelopment site is the Treasure
Coast Plaza Shopping Center. Located in the City of Vero Beach and subject to the City's
development regulations, this site was redeveloped and upgraded years ago and has only 7.9%
open space. Thus, there is local precedent for successfully redeveloping large non -conforming
commercial sites with significantly less than 25°0 open space.
Staffs proposal is to change the current P.D. open space requirements for newly created P.D.
commercial/industrial zong districts to allow the open space standards of such districts to fall
within the same open space range as the conventional commercial/industrial districts (15% to
3511'0). By approving this amendment, the county would on a project -by -project basis have the
ability to create and approve P.D. zoning districts for special redevelopment and industrial
projects that should not be held to a 2511'0 minimum open space standard. The ability to use P.D.
districts for such sites is better than the alternatives of relying on variances and conventional
rezonings or inadvertently impeding redevelopment or desirable forms of industrial
development. P.D. commercial/industrial rezonings are superior to these alternatives because the
P.D. process can guarantee and "lock -in" public benefits through upgraded design standards, and
provide greater protections by limiting uses. Through the P.D. process, these benefits and
protections can be secured while providing necessary flexibility for commercial/industrial land
owners and developers. Such flexibility may be an essential incentive for desirable
redevelopment or industrial development of certain sites.
The proposed amendment would not change P.D. open space requirements for any conservation,
agricultural, or residential projects. Also, the proposed amendment would not change open space
standards for P.D. special exception applications. Such special exception applications would
continue to be controlled by the project site's underlying conventional zoning district. In
essence, the amendment will provide the Board of County Commissioners the flexibility to use
the P.D. rezoning process as a mechanism to establish reasonable open space requirements for
certain redevelopment and industrial sites while guaranteeing quality redevelopment or
development of those sites.
RECOMIkIENDATION
Staff recommends that the Board of County Commissioners adopt the proposed amendment.
ATTACHMENTS
1. Draft PSAC Minutes (October 26, 2001 Meeting)
2. Draft PZC Minutes Excerpt (November S. 2001 Meeting)
3. Proposed Amendment Ordinance
DECEMBER 4, 2001
-93-
J r
Planning Director Stan Boling stated this amendment has been approved by the
PSAC and P&Z and will apply only to commercial/industrial PD rezoning to give more
flexibility to certain redevelopment type projects. The current conventional zoning districts
range from IG with a 15% open space requirement to PRO with a 35% requirement. The
current PD minimum open space is 250NO. However, some properties might not be useable
with these requirements when it would benefit the County to have the property used. This
is not site specific but the application would be very narrow.
Commissioner Adams questioned whether this would be specific to redevelopment,
and Director Boling stated that it could also be used for other commercial/industrial zoning.
Commissioner Adams expressed her concern that the requirement could be used with
new development, and Director Boling commented that this would give the Board more
control of the uses of the property where one type of industrial use may be more appropriate
than another.
Community Development Director Bob Keating emphasized that the change could
not be used without Board approval.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Steve Moler, Masteller & Moler, 2205 14`h Avenue, advised that he represents the
purchaser of the old Vero Mall property and would be glad to answer any questions.
Commissioner Macht noted that the live oaks on that property are very distressed and
he hoped there would be some effort made to revitalize thein.
DECEMBER 4, 2001
-94-
{ ' I
Mr. Moler stated that the developer will be back with a PD plan. At the present time,
they are working with staff on the landscaping and other requirements.
Commissioner Macht wished the developer good luck, and Chairman Ginn remarked
that she is happy to see a plan for that property underway.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Macht, the Board
unanimously adopted Ordinance 2001-035 regarding
Planned Development Open Space Requirements,
Amending the following Chapter of the Land
Development Regulations (LDRs); Chapter 915,
Open Space Standards (Commercial/Industrial PD
Zoning - Former Vero Mall Site).
ORDINANCE NO, 2001-035
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGARDING
PLANNED DEVELOPMENT OPEN SPACE REQUIREMENTS, AMENDING
THE FOLLOWING CHAPTER OF THE LAND DEVELOPMENT
REGULATIONS (LDRS): CHAPTER 915, OPEN SPACE STANDARDS; AND
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION,
SEVERABILITY AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY
LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS
FOLLOWS:
DECEMBER 4, 2001
-95-
Sit 1 J') `' r;.;,
�..j t ! l I �
8
1, LDR section 915,18 is hereby amended to read as follows:
"(1) The minimum amount of open space required within a planned development project
shall be as specified within the underlying zoning district(s) (other than P.D.) for
special exception uses, or, in cases where the planned development zoning overlay
district is used, as specified in the appropriate underlying comprehensive plan land
use designations as follows:
C-1 ............... .................I...........................
C -2 ............................................................
AG -1, AG -2, AG -3 ........... . .............................
R...............................................................
L -I ............................................................
1.4-2 ............................................................
M-1 ... ................. ..... ......... I ................. .......
M-2 ............ ......... .... ....I ......... I...................
REC...........................................................
P...............................................................
Comm/Ind.................................................... .
N/A
50%
80%
50%
40%
40%
40%
30%
N/A
N/A
-5%* 15%*
These listed minimums shall not preclude the Board of Countv Commissioners from
estabiishine hither minimum open space standards within P.D. zonine districts.
* In areas where commercial or industrial uses are mixed, with residential uses, the
minimum project area open space shall be thirty (30) percent.
NOTE: N/A = not applicable"
2. Repeal of Conflicting Provisions
All previous ordinances, resolutions, or motions of the Board of County Commissioners of
Indian River County, Florida which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All special Acts of the legislature applying only to the
unincorporated portion of the Indian River County which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
3. Codification
The provisions of this ordinance shall be incorporated into the County Code and the word
„ „"
Ordinance may be changed to "section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or re -tettered to accomplish such intentions.
4. Severability
If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason
held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining
portions hereof and it shall be construed to have been the legislative intent to pass this ordinance
without such unconstitutional, invalid or inoperative part.
DECEMBER 412001
-96-
5. Effective Date
This ordinance shall take effect upon filing with the Florida Secretary of State.
This ordinance was advertised in the Vero Beach Press -Journal on the 21 St day of November
2001, for a public hearing to be held on the 4th day ofpPr�Pr 2001, at which
time it was moved for adoption by Commissioner._.._,Sjanbri (1�JP , seconded by
Commissioner MArht and adopted by the following vote:
The ordinance was adopted by a vote of:
Chairman Caroline D. Ginn Ave
Vice Chairman Ruth M. Stanbridge Aye
Commissioner Kenneth R. Macht AvP
Commissioner John W. Tippin Ave
Commissioner Fran B. Adams Ave
The Chairman thereupon declared the ordinance duly passed and adopted this 4th
of r)PrPmhPr , 2001.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Attest: J.K. Barton, Clerk
By(:
Deputy Cle Caroline D. Ginn
Chairman
Filed with the Florida Department of State on the day of
2001.
APPROVED AS TOO LEGAL FORM
William G. Collins
Deputy County Attorney
day
APPROVED AS TO PLANNING MATTERS
aobert. Keatmg, AICP
Community Development Director
Q
Coding: Words in stfike tiffettgh type are deletions from existing law. Words underlined are additions.
UFILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\91518(1).DOC
DECEMBER 4, 2001 ' {f ?
.97.
9.13.1. PUBLIC DISCUSSION ITEMS - SIDNEY W. TURNER -
REOUEST TO COMMENT ON REINSTATEMENT OF
TOUCH -SCREEN VOTING MACHINE CONTRACT
The Board reviewed a letter of November 26, 2001:
Indian River County Commission
Office of County Administrator
1840 25th Street
Vero Beach, FL 32960
Att: Margaret A. Gunter
8775 20th St. #3
Vero Beach, FL 32966
November 26, 2001
Phone: 562-7270
Agenda
requests
Public
Discussion
Items
December 4,
2001
Subject:
Would
like to make
comments
regarding the
re -instatement
of
the touch -screen voting machine contract.
Respectfully,
Sidney W. Turner
Sidney Turner, 8775 20"' Street, expressed his dismay with the negative information
received about the Sequoia principal but felt that the consensus to continue with the project
was a good one and he will be pleased to see the new voting equipment in place by March
of 2002.
NO ACTION REQUIRED OR TAKEN.
DECEMBER 4, 2001
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9.B.2. PUBLIC DISCUSSION ITEMS - FRED MENSING -
REOUEST TO PRESENT DATA CONCERNING HIS
CIVIL, PROPERTY AND CONSTITUTIONAL RIGHTS
The Board reviewed a letter of November 26, 2001
DECEMBER 4, 2001
SIri
1/ f 2 '0 ' `` 15 C
ii
erZ----
Fred Mensing distributed a handout and a map of the area referred to. (HANDOUT
AND MAP ARE ON FILE WITH THE BACKUP FOR TODAY' S MEETING.) He related
that he had discussed this problem extensively with the County Attorney and staff and they
were unable to come to any agreement as to a resolution. He has received an offer to buy
the property in dispute which he must exercise by December 15, 2001. If he retains the
property, he will seek relief under Chapter 704, F.S. to gain access to the property. He also
related a problem with flooding which lie alleged occurred due to the County's timbering
in that area. He also wanted some relief from that problem in the form of a minimum 35 -
foot buffer. He would prefer a settlement with the County prior to December 15, 2001 but
remarked that he could sell the property and the monies would be of benefit.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS - SCHEDULED FOR PUBLIC
HEARING ON DECEMBER 11. 2001
INDECO. INC. - REOUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR
AN 18 -HOLE GOLF COURSE PROJECT TO BE KNOWNAS "FALCON
TRACE" - SITE BORDERED BY 27TH A VENUE SW ON THE WEST, BY 17TH
LANE SW ON THE NORTH, BY 20TH A VENUE SW ON THE EAST, AND BY
THE COUNTY BOUNDARY LINE ON THE SOUTH
The Board reviewed a Memorandum of November 27, 2001:
DECEMBER 4, 2001
-100-
TO: James E. Chandler; County Administrator
Alt
4ENT HEAD CONCURRENCE:
KLting, AICP; Col murity lie}/
lopment Director
THROUGH: Stan Boling, AICD; Plantung D
FROM: Peter J. Radke; Senior Pianncr (12
DA'rE: November 27, 2001
SU13JECT: Notice of Scheduled Public Hearings for Upcoming; Board Meeting
It is requested that the data herein presented be given formai consideration by the Board of County
Commissioners at its regular meeting of December 4, 2001.
DESCRIPTION ,AtND CONDITIONS:
Please be advised that the following public hearing has been scheduled for Board consideration, as
follows:
December 11, 2001 Meetin;
Indeco Inc.'s request for special exception use approval for an 1 8 -hole golf course projec` to be
known as "Falcon Trace." The subject site is bordered by 27`h Avenue SW on the west, by 17" Lane
SW on the north, by 20`h Avenue SW on the east, and by the county boundary line on the south.
(Quasi -.Judicial)
RECOMMENDATJON:
The above referenced public hearing date is provided for the Board's information. No action is
needed.
NO ACTION REQUIRED OR TAKEN,
DECEMBER 412001
-IaI-
D! ,
II.A. RALPH LINDSEY . REQUEST BY MARVIN CARTER TO
AUTHORIZE STAFF TO PROCESS AN AFFIDAVIT OF
EXEMPTION REQUEST FOR AN AGRICULTURAL PD
The Board reviewed a Memorandum of November 19, 2001:
TO: James Chandler
County Administrator
D;Y S ON HEA) CON��CURRE;NCE:
Robert M. f ea`ti-nu>�
iCp ectotCommunity Development
F'R()1F: Stan Bulmg, AICD
Plannir:g Director
DATE: November 19, 2001
SUBJECT: Request by Marvin Carter for the Board to Authorize Staff to Process
Ralph Lindsey's Affidavit of Exemption Proposal
It is requested that the data herein presented be given formal consideration by the Board
Of County Commissioners at its regular meeting of December 4, 2001.
BACKGROUND
Last 14farch, the Board of County Commissioners adopted comprehensive plan
amendments that made agricultural planned developments (PDs) an optional process for
subdividing lands in agriculturally designated areas. Those amendments became
effective on June 1, 2001, and were in conflict with the land development regulations
(LDRs) in effect at that time. Those LDRs provided no option to the agricultural PD
process. To bring the LDRs into compliance with the comprehensive plan changes, staff
initiated LDR amendments that were considered by the Board on October 23, 2001. At
its October 23`d meeting, the Board voted to change the LDRs to allow agriculturally
designated lands to be divided by agricuitural PDs and subdivision plats but not by
affidavits of exemption (see attachment #1).
In the interim period between June 1s` and October 23rd, the county was required by its
own code and state law to apply its adopted agricultural PD comprehensive plan policies
instead of the then conflicting LDRs. During this interim period, staff interpreted the
comprehensive plan policies to allow agriculturally designated properties to be divided
by agricultural PDs, subdivision plats, and affidavits of exemption. During this period,
staff accepted and processed seven affidavit of exemption applications to divide
agriculturally designated lands. Two of those applications were approved by staff prior
to October 23`d. Based upon direction from Board members, staff is processing the
DECEMBER 412001
-102
a
remaining five applications, but is no longer accepting new applications for affidavits of
exemption on agriculturally designated lands.
Marvin Carter, on behalf of Ralph Lindsey, is now requesting that the Board authorize
staff to process an affidavit of exemption application for Ralph Lindsey (see attachment
#2).
AN.ALIrSIS
Mr. Carter wishes to file an affidavit of exemption to create 1 I lots (5-10 acres in size) on
land owned by Ralph Lindsey located between 53`d Street and 49`h Street, east of 74`h
Avenue. In his request, Mr. Carter states that he had performed substantial work to file
an affidavit of exemption application. Such work included meetings with staff and
subsequent surveying and lot layout work. Based on the amount of work done, lir.
Carter believes it would be fair to allow Mr. Lindsey's application to be filed and
processed like those applications received between June I" and October 23`a
In staff's opinion, the Carter/Lindsey situation is unique in that staff had several meetings
with the applicants over the summer and the applicants expended substantial effort in
I
ayout and survey work. In fact, during the last meeting held this summer staff observed
survey drawings made by Mr. Carter for the project proposal. According to staff records,
no other persons meet those criteria. or those reasons, staff specifically mentioned this
situation to the Board on October 23`a Forand in subsequent communications.
On November 14`h, planning and attorney's office staff met with Mr. Carter and the
Lmdseys. At that meeting staff concluded that, because substantial effort was expended
in anticipation of submitting the Lindsey application, the Board could authorize staff to
accept and process the Lindsey's affidavit of exemption proposal. Mr. Carter is now
requesting that authorization from the: Board.
RECOMMENDATION
Staff recommends that the Board provide staff direction on whether or not to accept and
process Mr. Lindsey's proposed affidavit of exemption.
ATTACHMENT
1. Excerpt of Draft Minutes from October 23, 24(?1 BCC" Me ting
Request from Marvin Caner
DECEMBER 412001
-1031-
Planning Director Stan Boling drew the Board's attention to the current list of
applicants on page 197 of the backup and requested some guidance relative to accepting this
affidavit of exemption application.
Commissioner Adams stated that she did not totally understand the affidavit of
exemption process and believed that the Board's action on October 23, 2001 in deleting the
affidavit of exemption process from Ordinance 2001-033 might have blind -sided staff. She
requested that staff prepare a presentation for the Board on this process.
Commissioner Stanbridge believed the fact that the property could be up to 250 acres
threw them off and they need to be more creative but need the specifics on the process.
Chairman Ginn recalled that the property in question on October 23" was outside the
urban service area which was her main objection but agreed that more information is needed.
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Tippin, the Board
unanimously authorized staff to process the Ralph
Lindsey application as all of the requirements for
application had been made prior to October 23,
2001.
11.G.L KEN CHESTNUT - REOUEST FOR COUNTY TO
INITIATE FORCED ASSESSMENrF PAVING FOR 12TH
AVENUE SW BETWEEN OSLO ROAD (9T11 STREET SW)
AND 8 T1 STREET SW
DECEMBER 4, 2001
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C. u ; b ;)
The Board reviewed a Memorandum of November 21, 2001:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request from Ken
Assessment for
(9th Street SW)
Chestnut for County to Initiate Forced
Pavinq 12th Avenue SW between Oslo Road
and 8th Street SW
REF. LETTER: Attorney Bruce Barkett
2001
to
James Davis dated Nov. 14,
DATE: November 21, 2001
DESCRIPTION AND CONDITIONS
Mr. Ken Chestnut owns three lots (7, 8, & 9 of Block A) in the
commercial/industrial section of Oslo Park Subdivision along 12th
Avenue SW. He has applied for approval to construct a 4,000 s.f.
commercial/industrial building on the lots. 12th Avenue SW is
unpaved and the traffic count on the road is over 200 vehicles per
day. Section 952.09 (5)(c)5 (Traffic Section) of the County Land
Development Regulations state that "No certificate of occupancy or
certificate of completion shall be issued for any project proposing
access from an unpaved road, including a Thoroughfare Plan road,
where the subject access road's volume with the project traffic
will exceed 200 average daily trips, until the road accessing the
project is paved from the project's access point(s) to a paved
public road." The code further states that " In considering the
cumulative effect of small traffic attracting/generating project(s)
on a road (s) or on an area, the Board of County Commissioners may
determine the need for a forced petition or assessment for road
paving purposes in developed or developing areas, and may impose
such an assessment."
Mr. Chestnut is willing to pay his "fair share" of paving the 660
l.f. of 12th Avenue SW, but since other commercial retail sales and
industrial businesses are between his lots and Oslo Road, he is
requesting,
througn his
att(
that benefit
from
the
paving
other property
Barkett is requesting
also
the
Cc
project. The
cost
to
to initiate
pave
Since approximately
1100
road is approximately
1.
owners assessment
would
frontage
be
would be $15,000.
$41/front foot,
and the County
share
DECEMBER 4, 2001
-105-
;'t4?
)rney,
that the
other property
owners
also
pay their
fair share.
Attorney
)unty
to initiate
a forced assessment
the
road is approximately
$60,000.
f. of
frontage
exists, the
property
$41/front foot,
and the County
share
-105-
;'t4?
ALTERNATIVES AND ANALYSIS
Since
this
Pubii.c Hearing
section
col^Hent
of
Oslo
Park
Subdivision
contains many
businesses
with
subst:aritial
the
Public Hearing,
traffic,
staff
thF_
is of the opinion that
the
roads
In
t..ys
road by
area
head to be paved
to
accommodate the:: general
pUbl
fir_
Tha
,µher,.^.ativeS
piaci_ng funds in escrow with
the
cC:U.'lt;'.He
aye as
follows:
pr^i'��.�ed to de`lelop.
Alternative #l.
Schedule
a special assessment
Pubii.c Hearing
to recpive
col^Hent
on t. %e Special
Assessment Pavingpro;e11
aftr,2r
the
Public Hearing,
the Board decides to
pave
thF_
road by
Special Assessme=nt,
then Mr. Che:utnut
would r,nly
pay his
"fair snare" by
piaci_ng funds in escrow with
the
cC:U.'lt;'.He
could then
pr^i'��.�ed to de`lelop.
Alternative #2
�Iot approve tie request and give him the option to pave,
}';�l t Or delay li:.S C`r0 jc,ct until th ^' �11
.;al} is
pa�t� ��mS_
RECOMMENDATIONS AND FUNDING
Staff recomends Alternative U. whereby staff proceeds to schedule
a Special Assessment Public Hearing he conducted as provided for in
LDP, Section 552.
ATTACHMENT
Letter
2. Map & Aerial photo of 12th A' enUe ::W
3. Copy of Proposed Site Plan
ON MOTION by Commissioner Macht,
SECONDED by Commissioner Adams, the Board
unanimously authorized staff to schedule a special
assessment public hearing to receive comment on
the special assessment paving project, as
recommended by staff.
DECEMBER 412001
.106-
11.G.2. 43RD AVENUE WIDENING AND DRAINAGE
IMPROVEMENTS - PROJECT #9601 - DEVELOPER'S
AGREEMENT WITH CAROLINA TRACE, LLC
The Board reviewed a Memorandum of November 19, 2001:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director �1
Terry B. Thompson, P.E(x
Capital Projects Manager
FROM: G. Sean McGuire, P.E. ( �J
Protect Engineer
SUBJECT: 43rd Avenue Widening and Drainage Improvements
Project # 9601
Developer's Agreement with Carolina Trace, L.L.C.
DATE: November 19, 2001
The Carolina Trace, L.L.C. is constructing a new facility on 43`d Avenue at 16`" Street.
They have designed their stormwater management pond to accommodate runoff from
their site and a portion of 43`d Avenue. The attached Agreement details the assignment
of costs and responsibilities necessary for both the County and Carolina Trace to benefit
from the joint use of this pond.
The County is to pay a total of $135,000.00 for the County's share of the land value and
construction costs of the pond, perpetual maintenance, a sum for lost profits, and for new
right-of-way on 16`" Street. The cost to the County is approximately the same as it would
otherwise cost to purchase a parcel of land and construct a pond separately for the
planned improvements to the roadway. The key benefits to sharing Carolina Trace's
pond is that the pond is an aesthetic feature of their site development and will be
maintained by them in perpetuity. Additionally, we will not have to remove another parcel
of otherwise developable land from private ownership.
Staff recommends that the Board approve the attached Developer's Agreement for a total
cost of $135,000.00 and authorize the Chairman to sign the Agreement.
DECEMBER 4, 2001
-107-
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously approved the Developer's
Agreement with Carolina Trace, L.L.C. for a total
cost of $135,000 and authorized the Chairman to
execute same; as recommended by staff.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.Hel. INDIAN RIVER DRIVE WATER MAIN EXTENSION OFF—
SITE UTILITIES CONSTRUCTION AGREEMENT — W
CHANGE ORDER #1 AND REOUEST FOR FINAL
PAYMENT — NANCY T. MOON
The Board reviewed a Memorandum of November 20, 2001:
DATE: NOVEMBER 20, 2001
TO: JAMES E. CHANDLER COUNTY ADMIMSTRkTOR
FROM: W. ERIK OLSON
DIRECTOR OF UTILITY SERVICES
uTn
PREPARED AARON J. BOWLES, P.E ,
AND STAFFED ENVIRONMENTAL ENGINEER _rL(�
BY. DEPARTMENT' OF UTILITY SERVICES
��/
SUBJECT INDIAN RIVER DRIVE WATER MAIN EXTENSION
OFF-SITE UTILITIES CONSTRUCTION AGREEMENT
WIP NO 472-000-169-141
APPROVAL OF CHANGE ORDER NO 1 & REQUEST FOR FINAL PAYMENT
DECEMBER 4, 2001�� wj
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;:,
B A C'K CSR OI T -ND:
On October 03, 2000 the Board of County Corrmussioners entered into a Developer's Agreement with Nancy T.
Moon (see attached agenda item and minutes -Attachment 1) in the budgeted amount of $222,000 to provide a water
main and water services from the southern intersection of U.S. #1 and Indian River Drive to the existing water main
located approximately 4200 feet to the north along Indian River Drive. The project is now complete and the
Department of Utility Services is prepared to make final payment to the Contractor.
ANALYSIS -
The Developer has been paid $159,816.55 for 72.0% of the budgeted cost. The bid quantities used during the
I'll r bidding process were based on estimated quantities and Change Order No. 1 adjusts the estimated bid quantities
based on actual quantities installed Change Order No. I results in a net decrease of $9,984.40. Change Order No 1
is presented as Attachment -B.
The change order decrease ($9,984.40) results in a 4.5% decrease to the originally approved contract and adjusts
the final contract amount to $212,015.60. Utilities staff is now requesting final payment to Nancy T. Moon in the
amount of $52,199.05. This final payment amount includes the Developer's contribution of $1,969.00 and the
release of all retainage held.
RECOMMEIVnATIC)N-
The staff of the Department of Utility Services recommends that the Board of County Commissioners approve
Final Payment including all retainage held, inclusive of Change Order No. 1, in the total amount of $52,199.05 to
Nancy T Moon as presented in Attachment B
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Tippin, the Board
unanimously approved the final pay request
including all retainage held, inclusive of Change
Order #l, in the total amount of $52,199.05 to
Nancy T. Moon, as recommended by staff.
DOCUMENTATION WILL BE ON FILE IN THE
DECEMBER 4, 2001
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
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UI! s r;� F.; ��G.
11.H.2. SEA CREST MEDICAL OFFICES WATER MAIN
CONSTRUCTION - DEVELOPER'S AGREEMENT WITH
VANCE HOUDYSHELL OF EDDY GROUP, INC.
The Board reviewed a Memorandum of November 14, 2001:
DATE NOVEMBER 14, 2001
TO: JAMES E. CHANDLER
COUNTY ADNIIIVISTRr1TOR
FROM W ERIK OLSON, P
DIRECTOR OF ILIT VICES
PREPARED GORDON E. SPARKS, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT DEVELOPER'S AGREEMENT FOR SEA CREST MEDICAL OFFICES
WATER MAIN CONSTRUCTION
Mr. Vance Houdyshell of the Eddy Group, Inc. is constructing a 14,400 square -foot Sea Crest Medical
Offices building on the east side of US 1 in Sebastian across from Wal-Mart. In order to service the
complex, an 8" diameter water main is required to be constructed from an 8" water main to be located
150 feet south of the project by another development (Fountain Towers, LLC Medical Office building)
(see Exhibit "C" of attached developer's agreement). The water main will further be extended across
the front footage of the project to its north property line, a distance of 327 feet (477 feet total length of
water main construction for this developer's agreement) The proposed water main construction will
allow future looping of the water main to master plan facilities in Roseland Road to the north.
Attached is a proposed developers agreement with Mr. Houdyshell for reimbursement of a portion of
the subject water main. The Developer's Agreement is stipulated to reimburse the Developer for the
County's share of the water main upon acceptance by and dedication to the County (Sec. — 1.A and
1B. of attached agreement)
The water main installation will comprise constructing approximately 477 linear feet of 8" water main
on the east side of US 1 from the north property line of the Fountain Towers, LLC Medical Office
building to the north property line of the proposed Sea Crest Medical Offices building. Mr. Houdyshell
has agreed to enter into a cost sharing agreement with the County to construct the water main in
conjunction with the site development
DECEMBER 4, 2001
-110-
- r)
As shown in Exhibit B of the attached agreement, the estimated cost sharing between the developer
and the County is as follows
Developer's Share
$
19,781
62
County's Share
$
5,847
38
Total Project Cost
$
251629.00
Construction of the water main will allow the County to coordinate expansion of the water distribution
system with development of the site, as well as provide water service to future projects along the US 1
corridor As future projects connect to the water system, line extension fees will be collected, along
with capacity charges. A portion of the developer's contribution includes $2,212.05, which is the
proportionate share of a directional bore provided by Fountain Towers, LLC, Medical Office building
funded by the County. Even though the County is only reimbursing $5,84738 to the developer,
$8,059.43 of County funds are entitled to be reimbursed through line extension fees as future
customers connect to the new water main The County's total share of $5,847.38 will be funded from
the capacity charge fund, Account Number 472.
The staff of the Department of Utility Services recommends that the Board of County Commissioners
approve the attached developer's agreement as presented, authorize the Utilities Department to recover
$83059.43 ($5384738 + $2,212.05) in he extension fees from future development and authorize the
Chairman to execute the same
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously approved the Developer's
Agreement with Eddy Group, Inc.; authorized the
Utilities Department to recover $8,059.43 in line
extension fees from future development; and
authorized the Chairman to execute the Agreement;
all as recommended by staff.
DECEMBER 4, 2001
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
-111-
�'. r,
i' is J
11.11.3. BRINE CONCENTRATE DISPOSAL PERMITTING -
NORTH COUNTY REVERSE OSMOSIS WATER
TREATMENT PLANT - CAMP DRESSER MCKEE WORK
AUTHORIZATION #19
The Board reviewed a Memorandum of November 13, 2001:
DATE: NOVEMBER 13, 2001
TO: JAMES E. CHANDLER, COUNTY ADMINISTRATOR
THRU: W. ERIK OLSON, DIRECTOR OF UTILITY SERVICE
FROM: GENE A. RAUTH, OPERATIONS MANAGER C5 A CK
SUBJECT: BRINE CONCENTRATE DISPOSAL PERMITTING NORTH
COUNTY REVERSE OSMOSIS NATER TREATMENT PLANT
BACKGROUND:
Construction on the North County Reverse Osmosis Water Treatment Plant, was
completed and commissioned in June of 1998. Under the Florida Department of
Environmental Protection (FDEP) permit to construct and operate, the plant is permitted
to produce 3.53 million gallons per day (MGD) of potable drinking water. As a result of
the RO process, the plant produces both potable drinking water, and by-product brine
concentrate. Under a separate discharge permit with the FDEP, the plant is allowed to
discharge the brine concentrate by-product to the Indian River Lagoon at the County
Road 510 bridge.
On August 8, 2000, Camp, Dress, & McKee Inc. (CDM), assisted the Department of
Utility Services with submittal of applications and supporting documentation required to
renew the FDEP discharge permit. The Department of Utility Services has received and
replied to FDEP's request for additional information for renewal of the discharge permit.
County Staff and CDM have since met with representatives of FDEP on two separate
occasions, to further discuss the renewal of the discharge permit. The discharge permit
for the North County Reverse Osmosis Water Treatment Plant has since expired, on
February 9, 2001.
ANALYSIS:
In a meeting on June 18, 2001, representatives from the FDEP informed the County Staff
and CDM that the discharge permit would not be renewed, and future plant expansion
would not be permitted utilizing the current discharge location FDEP went on to explain
DECEMBER 4, 2001 E j
-112-
that their position is based on the current discharge location's inability to meet regulatory
compliance at its present discharge location. County Staff has analyzed several
alternatives for relocation of the plant discharge point Staff has determined that
relocation of the discharge to the Indian River Farms Water Control District, (IRFWCD)
North Relief Canal is the best alternative. The use of the IRFWCD North Relief Canal
would allow staff to implement future Integrated Water mixing, and alternate disposal
methods of the Brine Concentrate with both reclaimed water and storm water. The
Department of Utility Services has requested CDM to provide a Work Authorization for
assistance with negotiation of permitting issues related with the facility and pursuit of
grant funding. Work Authorization Number 19, with CDM, Inc., in the amount of
$47,350.00, is attached.
RECOMMENDATION:
The Staff of the Department of Utility Services recommends that the Board of County
Commissioners accept and approve the attached Work Authorization No. 19 with CDM,
Inc., in the amount of $47,350.00.
Commissioner Stanbridge wanted to be certain the contractor would work closely
with the stormwater engineer on this project.
Utility Services Director Erik Olson agreed that it is very important for the contractor
to work with the stonnwater team and Indian River Farms Water Control District. We need
to be a team on this and a meeting is scheduled for the 13" with Indian River Farms. The
permit for discharge expired in February, 2001 and an application for renewal was filed 180
days prior to that date. County staff has been working closely with DEP and we are in
compliance.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously approved Work Authorization
# 19 with Camp Dresser McKee in the amount of
$47,350, as recommended by staff.
WORK AUTHORIZATION IS ON FILE IN THE
DECEMBER 4, 2001
OFFICE OF THE CLERK TO THE BOARD
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11.11.4. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
ALTERNATIVE WATER SUPPLY GRANT
APPLICATION FOR ELIMINATION OF REVERSE.
OSMOSIS CONCENTRATE INTO THE INDIAN RIVER.
LAGOON {NORTH COUNTY REVERSE OSMOSIS
PLANT REROUTE BRINE CONCENTRArTE}
The Board reviewed a Memorandum of November 16, 2001;
DATI?. NOVEMBER 16, 2001
TO JAMES E. CHANDI.,ER
COUNTY ADMINISTRATOR
FROivt W- ERIK OLSON �1
DIRECTOR OF UTIL SERVICES
PREPARED MICHAEL C. HOTCHKISS, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY. DEPARTMENT OF UTILITY SERVICES
SUBJECT: SI'. JOHN'S RIVER WATER NUkNAGENIENT DISTRICT ALTERNATI vT
WATER SUPPLY GRANT APPLICATION FOR ELIMINATION OF REVERSE
OSMOSIS CONCENTRATE INTO THE INDL4N RIVER LAGOON
BACKGROUND
Reverse Osmosis (R -O.) Treatment Facilities cleanse water by separating dissolved minerals and other
undesirable particles from the deep ground (Floridan Aquifer) water through the use of filtering membranes.
The reject water, or "concentrate" is then discharged as non -Publicly -Owned -Treatment -Works (POTW)
industrial wastewater into the Indian River Lagoon. The Department of Environmental Protection (DEP) has
put increasing pressure on permittees of R -O Treatment Facilities to eliminate concentrate discharge into the
Lagoon, which is classified as an Outstanding Florida Water (OFW). Presently, the Department of Utility
Services has two RO, facilities with concentrate; discharges into the Lagoon, one directly into the OFW. Oil
December 7, 1999 the Board of County Commissioners authorized the County's water treatment continuing
services consultant Camp Dresser and McKee, Inc. (CDM) to develop alternatives for disposal of R -O.
concentrate. The report was presented to the County's Utility Advisory Committee on June I", 2000 and has
since been finalized (see attached excerpts).
Each year St. Johns River Water Management District (SJRWMD) allocates funds appropriated by die federal
government to assist public and private entities to develop ways of providing alternative water supplies for
various uses. In 1997 and 1993, Indian River County was successful in obtaining $75,000.00 and
$100,000.00, respectively, to help fund construction of the North County R.0 Facility (NCRO). This year
SJRWMD has $750,000.00 available for funding alternative water sources throughout their district.
DECEMBER 4,2001
L;A , ,-)6 77
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The Department of Utility Services is exploring one of the alternatives outlined in CDM's report; mixing a
portion of the concentrate with storm water/reclauned water. The Department of Utility Services is requesting
the Board Of County Commissioners to authorize applying for the grant, with a commitment of matching
funds to implement the project
ANALYSIS
The attached grant application will be submitted to SJRWMD for a project to supplement reclaimed water with
a mixture of stormwater and concentrate for irrigation purposes The concentrate discharge from the R.O.
process will be routed to the North Relief Canal along 58'h Avenue Concentrate will be discharged into the
North Relief Canal and allowed to mix with stormwater and flow to the intersection of the Lateral G Canal. At
that point a control structure will be constructed to retain the stormwater/concentrate mixture for recovery and
reuse as irrigation.
Project costs are estimated as follows
Stormwater Mixmv with Brine
137500 L.F. 16" Brine Line
Control Structure E/0 Lateral G Canal
Pumping Station at Wetlands Headworks
Wetlands Construction '
Pumping Station at Wetlands Tailworks
Lateral G Overflow Structure
Construction Subtotal
15% contingency
Construction Total
Engineering Permitting and Inspection (14.690 Construction Subtotal)
Total Project Cost
$9207000.00
$7207000.00
$26500.00
$2657000.00
$265700000
$265.000 00
$2,7001000 00
$405,00000
$35105,000.00
$395,000.00
$3,5007000.00
The total project cost as outlined above is $3,500,000.00 The County will request a $150,000 00 (4.29%)
grant. The County's total share will be funded from the capacity charge fund, Account Number 472-000-169-
392.00.
RECOMMENDATION
The staff of the Department of utility Services recommends that the Board of County Commissioners approve
the grant application, authorize matching funding of construction of the projects outlined above (upon receipt of
grant), and authorize the Chairman to execute applications and agreements associated with grant, as presented.
Commissioner Adams questioned the balance in the capacity charge fund, and
Utilities Department Director Erik Olson stated that he would check and let her know.
Commissioner Adams remarked that this is a 3.5 million dollar project with only
$150,000 coming back in grants from SJRWMD.
Director Olson hoped that this is the first of what staff believes to be a number of
grants. This one became available very quickly but the intent is to take advantage of grants
through the Legislature and St. Johns River Water Management District.
DECEMBER 4, 2001DWI%g `w t
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Commissioner Adams was concerned that we not deplete the capacity charge account,
and Director Olson agreed.
In response to a question, Director Olson explained that a number of golf courses are
using reuse water but they are trying to expand the potential use of this resource and to
integrate stormwater into the useful supply.
Commissioner Stanbridge agreed that we hope to be able to do that.
Commissioner Macht quipped that when you mentioned stormwater, up pipes
Commissioner Stanbridge, and when you mention large sums of money, in pops Joe Baird.
Assistant County Administrator Joe Baird stated that the cash balance in the capacity
charge account is $16,087,000.
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Macht, the Board
unanimously approved the grant application,
authorized matching funding of construction of the
projects outlined above (upon receipt of grant); and
authorized the Chairman to execute the applications
and agreements associated with the grant; as
recommended by staff.
DECEMBER 4, 2001
DOCUMENTATION IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
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13.A.1. CHAIRMAN CAROLINE D. GINN - REPORT ON
ATLANTA TRIP REGARDING DISTRICT
ENVIRONMENTAL PROTECTION AGENCY
WASTEWATER TREATMENT EXCELLENCE AWARDS
(WEST REGIONAL WASTEWATER TREATMENT
FACILITY)
Chairman Ginn reported that she had attended the awards ceremony in Atlanta and
was extremely proud of staff.
13.A.2. CHAIRMAN CAROLINE D. GINN - REPORT ON TRIP
TO TALLAHASSEE REGARDING GERSTNER AND
SUMMERPLACE DEP SEAWALL PERMITS
Chairman Ginn reported that she was in Tallahassee last Thursday and Friday to talk
to representatives of the Department of Environmental Protection regarding the Wabasso
homeowners who were unable to get seawall permits
wait for the Habitat Conservation Plan process.
DECEMBER 4, 2001
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Mr. and Mrs. Gerstner will have to
13.A.3. CHAIRMAN CAROLINE D. GINN - REPORT ON TRIP
TO TALLAHASSEE TO A MEETING OF THE FLORIDA
COMMUNITIES TRUST GOVERNING BOARD
REGARDING LOST TREE ISLANDS
Chairman Ginn reported that she had appeared before the Governing Board regarding
Lost Tree Islands and she was very happy to have Vero Beach City Councilwoman Sandra
Bowden and Town of Indian River Shores Mayor Tom Cadden with her. They were able
to obtain an extra 25 points to boost the total to 155 for that property. She asked for
permission to appoint Assistant County Administrator Joe Baird to a team to negotiate with
Lost Tree and noted Mr. Baird's outstanding job on the LAAC bond issue, together with his
irreproachable character.
Commissioner Adams believed that would be overstepping the Board's authority.
The County Administrator will handle this matter and the Board does not need to get in the
middle of the action.
Commissioner Macht mentioned that the appraisals also need to be done.
Community Development Director Bob Keating stated that the appraisals have not
been started due to several issues which need to be resolved regarding the development
regulations applicable to the property. A decision has been reached to have several
alternative appraisals prepared which would relate to not only current development
restrictions which are significantly severe but also to other options based on other
development scenarios which could affect the value of the property.
DECEMBER 4, 2001
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N s PG 0
Chainnan Ginn questioned why she heard from Senator Pruitt in Tallahassee that the
appraisals came in very high, and Environmental Chief Roland DeBlois stated that he did
not know whether or not the seller has had appraisals prepared.
Commissioner Macht believed there had been too much communication with
Tallahassee and that the waters have been further muddied by actions of the City of Vero
Beach. The City's ordinance passed in 1990 permitted the development of up to one unit
per 2 acres, with a requirement that 80% of the land must remain green. There was a
requirement that the houses must be built on pilings and that absolutely no fill whatsoever
could be brought in. In another development recently the City allowed a developer to bring
in offsite fill. The ordinance was adopted to prevent damage to the wetlands and the estuary
and the City has now flung a "stone in the mud".
Chairman Ginn emphasized that a vote had been cast to set aside 8 million dollars for
this purpose and she expressed her frustration that we should not be "dragging our heels".
She believed that we should have done a better job on the application sent to the Department
of Community Affairs and should have gotten more points to begin with. The Governing
Board wants the project to go forward and we should not have had to go to Tallahassee.
Commissioner Macht stated that we have a mechanism for making this purchase and
it is very important that we follow the procedures.
Commissioner Stanbridge noted that FCT has certain procedures and they need to be
a part of any negotiations.
County Administrator Jim Chandler emphasized that County staff is not stalling this
matter but doing everything possible to bring it to fruition.
Commissioner Macht noted that staff has the best record in the State for obtaining
grants.
DECEMBER 4, 2001
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UA it" U I J V-1) 7.
Chairman Ginn stated that "this cook intends to stay in the kitchen and again
expressed her frustration with "dragging our feet"
Commissioner Adams commented that the Commissioners need to remove
themselves from the process and let staff handle it. There are several different perspectives
and no one is aware of the actions of the others because of the Sunshine Law. This is an
administrative matter.
Chairman Ginn stated that she is not interfering but had talked with Environmental
Chief Roland DeBlois and Community Development Director Bob Keating and had told
them that she would not tolerate any further "foot dragging" or other problems. This needs
to move forward. When she read the documentation forwarded to Tallahassee, she was not
pleased and felt it necessary to go to Tallahassee to try to gain extra points for the project,
which was done. She noted that she was the only Commissioner who went to Tallahassee.
Commissioner Macht stated that there were very good reasons the other
Commissioners did not go. Mr. DeBlois had the matter well in hand and the newspaper
articles saying money had been "promised" had already infuriated FCT by implying some
sort of backroom deal. The Mayor of the City of Vero Beach had been quoted as saying that
he had been promised funding by FCT.
Chairman Ginn agreed that was a foolish thing to talk about.
Commissioner Macht continued that this is a LAAC matter and there is an ordinance
which removes the Commissioners from the negotiating process.
Commissioner Stanbridge commented that she did not go to Tallahassee because she
was here signing the bond documents for the $11,000,000 bond issue. She did not
appreciate anyone implying that she was not for purchasing the islands and reminded the
DECEMBER 4, 2001
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Board that she had been instrumental in getting the bridge permits denied and her only
involvement at this point is in keeping track of the permitting process and the progress of
the lawsuits.
Commissioner Macht emphasized that the project is on schedule and we now have
the funding available. All we need to do at this point is get the appraisals.
Chairman Ginn questioned whether the appraisers have been contacted, and Mr.
DeBlois responded that they have been contacted and alternate appraisals have been
requested to better support the funding using several development scenarios.
City of Vero Beach Attorney Julie Schutta reminded the Board that the County has
already approved $8,000,000; the Town of Indian River Shores $1,000,000; and the City of
Vero Beach $1,000,000 toward the purchase of Lost Tree Islands. Itis very important to the
Town and the City that an offer be made as expeditiously as possible because of pending
litigation. Lost Tree has now made application to the City for a construction permit to tie
in a bridgehead and the City cannot delay that without giving them a reason for new
litigation. She asked the Board to authorize staff to make a valid binding offer to purchase
for $15,000,000 or the appraised value of the islands. If the appraisals are less than that,
then it would not be a valid binding offer. She feared that unless the City moves on the
application or Lost Tree receives a binding written offer, they will go forward with the
litigation.
Commissioner Stanbridge reminded everyone that there is another lawsuit pending
with the Trustees of the Internal Improvement Fund and, until that is settled, Lost Tree
cannot construct a bridge. A rehearing is expected in January or February.
Commissioner Adams emphasized that this is a matter for staff to handle.
Attorney Schutta felt she could not wait until that litigation is decided.
DECEMBER 4, 2001 O,, F. p
UA i I k:. I
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Town of Indian River Shores Mayor Tom Cadden stated that he ran on a platform
containing the need to buy these islands and he is very concerned about the negotiations.
He agreed with Commissioner Adams that all appropriate procedures must be followed and
reminded the Board that FCT had approved funding this purchase before and the deal fell
apart. He felt that $1,000,000 is an extreme amount of money for a small town and believed
the Town should have the right to make some recommendations.
Chairman Ginn asked that any suggestions be put in writing to staff, with copies to
all Commissioners.
NO ACTION REQUIRED OR TAKEN.
13.Be VICE CHAIRMAN RUTH Me STANBRIDGE — UPDATES —
STORMWATER
Commissioner Stanbridge noted that she will be going to Palatka on December 12"'
for a meeting regarding stormwater.
NO ACTION REQUIRED OR TAKEN.
13.D1. COMMISSIONER KENNETH Re MACHT — LOST TREE
ISLANDS
Commissioner Macht had no further comments regarding this subject.
NO ACTION REQUIRED OR TAKEN.
DECEMBER 4, 2001
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U� 20
{J 31 {
13.D.2. COMMISSIONER KENNETH R. MACHT - UNITED WAY
CAMPAIGN
Commissioner Macht noted that this year's United Way campaign, as of yesterday,
had reached 63% of its goal. He encouraged each department head to assist in reaching the
goal and noted that everyone had certainly generously contributed to the September 11 t'
tragedy, but now is the time to take care of our own.
14.A.
14.B.
14.C.
NO ACTION REQUIRED OR TAKEN,
None,
None.
None.
EMERGENCY SERVICES DISTRICT
SOLID WASTE DISPOSAL DISTRICT
ENVIRONMENTAL CONTROL BOARD
DECEMBER 4, 2001
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There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:50 a.m.
ATTEST:
J. K�rton, Clerk
�') r
Caroline D. Ginn, Chrman
Minutes Approved:,/ auec
DECEMBER 4, 2001
�. ;
iJ1
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