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HomeMy WebLinkAbout2/19/2002• MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, FEBRUARY 19, 2002 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 • COUNTY COMMISSIONERS Ruth M. Stanbridge, Chaituian John W. Tippin, Vice Chaiiuian Fran B. Adams Caroline D. Ginn Kenneth R. Macht District 2 District 4 District 1 District 5 District 3 James E Chandler, County Administrator Paul G. Bangel, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. 2. 3. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE Comm. Ruth M. Stanbridge BACKUP PAGES 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 1. Add backup pages to Item 9.B.2. 2. Add Item 11.C., Main Library Renovations - Bill Bryant & Associates - Change Order #1 3. Add replacement pages 125 and 133 to backup for Item 11.E. 5. PROCLAMATION and PRESENTATIONS A. Presentation of Invitation to 6th Annual Inter-Tnbal Vero Beach Pow Wow B. United Way Drawing for County Employees 6. APPROVAL OF MINUTES Regular Meeting of January 15, 2002 7. CONSENT AGENDA A. Approval of Warrants (memorandum dated February 7, 2002) E Ic 1'? 1Q 1 2-11 CONSENT AGENDA (cont'd.): B. Golf Ball Retrieval Agreement (memorandum dated February 11, 2002) BACKUP PAGES 12-16 Proclamation for HAC 17 Resignation of Philip J. Mank, Jr. from the Public Library Advisory Board and the Space Needs Committee (memorandum dated Febn'ary 11, 2002) Sebastian Representative to the Parks & Recreation Committee (memorandum dated February 12, 2002) Payments to Vendors of Court Related Costs (memorandum dated February 7, 2002) 22-23 Grant Extension for Harriet & Harry Moore Little League Park LLI Project No. M99048 Old Fellsmere School ($150,000) (memorandum dated February 13, 2002) Request for Floodplain Cut and Fill Balance Waiver for Lot 16, Block 20, Vero Lake Estates, Unit 4 (memorandum dated February 7, 2002) Compliance and Restoration Bonding for Carriage Lake at Vero L C (memorandum dated February 12, 2002) Developer's Agreement with Emerald Estates Subdivision for Force Main Installation on 45th St., west of 58th Avenue (memorandum dated January 31, 2002) CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None PUBLIC ITEMS A. PUBLIC HEARINGS 1. Grand Harbor LTD Request for Abandonment of a 6 Foot Wide Strip of Via Marbella Boulevard Right -of -Way Within Grand Harbor (Legislative) PUBLIC ITEMS (cont'd.): A. PUBLIC HEARINGS (cont'd.): 2. Channing Corporation's Request to Modify Certain Approved Conceptual PD Plan Setbacks for a Portion of the Old Orchid PD Project (Legislative) (memorandum dated February 11, 2002) PUBLIC DISCUSSION ITEMS 1. Request by Mark Grossman to speak concerning the Vero Lake Estates Drainage Project (letter dated February 12, 2002) Request by Chris Kirrie to speak concerning Kirrie Access to Sembler Property (no backup provided) PUBLIC NOTICE ITEMS None BACKUP PAGES 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development Bruce Barkett's Appeal of a Road Paving Condition of the Chestnut Contractors Trades Facility Site Plan (memorandum dated February 12, 2002) Emergency Services Approval of Service Agreements for E911 Public Safety Answering Point (PSAP) Logging Recorders on a Sole Source Basis from Replay Systems, Inc. (memorandum dated February 7, 2002) General Services None Leisure Services None 109-124 Office of Management and Budget Comprehensive Policy for Funding Outside Agencies (memorandum dated February 12, 2002) 125-155 BACKUP PAGES Public Works 1. Second Amendment to the Professional Services Agreement for 66th Avenue from 4th Street to SR60 (memorandum dated February 11, 2002) ?. As -Built Resolution & Assessment Roll for Paving and Drainage Improvements to 19th Avenue SW between 10th St. SW and 9th St. SW and Portions of 10th St. SW between 20th Ave. SW & 18th Ave. SW (memorandum dated January 31, 2002) 156-162 163-170 Utilities None Human Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Ruth M. Stanbridge Updates Vice Chairman John W. Tippin Commissioner Fran B. Adams Commissioner Caroline D. Ginn Commissioner Kenneth R. Macht 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None BACKUP PAGES Solid Waste Disposal District None Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of meeting. Indian River County WebSite: http://bccl.co.indian-river.fl.us Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library, and North County Library Meeting may be broadcast live on AT & T Cable Channel 13 — rebroadcast continuously Thursday 1:00 p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. Meeting broadcast same as above on AT & T Broadband, Channel 27 in Sebastian. INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS FEBRUARY 19, 2002 CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS TO THE AGENDA PROCLAMATIONS AND PRESENTATIONS 5.A. Invitation to 6th Annual Inter -Tribal Vero Beach Pow Wow - February 22- 24, 2002 - Indian River County Fairgrounds -2- 5 B United Way Drawing for County Employees -4- APPROVAL OF MINUTES - JANUARY 15, 2002 CONSENT AGENDA -5- 7.A. List of Warrants -5- 7 B Sandridge Golf Club - Golf Ball Retrieval Agreement - Golf Ball Graphic LLC -12- FEBRUARY 19, 2002 7.C. Proclamation in Honor of Richard Stark - Homeless Services -13- 7.D. Public Library Advisory Board and Space Needs Committee - Resignation of Philip J. Mank, Jr. -14- 7 E Parks & Recreation Committee - Appointment of Julianne Barrett as Representative of the City of Sebastian -15- 7.F. Payments to Vendors of Court -Related Costs -16- 7.G. Harry and Harriet Moore Little League Park LLI Project #M99048 - Old Fellsmere School - Bureau of Design & Recreation Services, Department of Environmental Protection, Grant Extension -18- 7.H. MGB Construction (Cortez) - Floodplain Cut and Fill Balance Waiver - Lot 16, Block 20, Vero Lake Estates, Unit 4 -19- 7.I. Carriage Lake at Vero, L C - Cash Deposit and Escrow Agreement for Compliance and Restoration Bonding -21- 7.J. Demetree-Indian River, LLC - Emerald Estates Subdivision (f/k/a Tyler Place) - Developer's Agreement for Force Main Installation on 45th Street West of 58`h Avenue -22- 9.A.1. PUBLIC HEARING - RESOLUTION 2002-013 PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 6' WIDE PORTION OF VIA MARBELLA BOULEVARD WITHIN THE GRAND HARBOR DEVELOPMENT AND RESERVING THE ENTIRE RIGHT-OF-WAY AS A DRAINAGE AND UTILITY EASEMENT -24- FEBRUARY 19, 2002 -2- Jr 3 LI • 4 9.A.2. PUBLIC HEARING - CHANNING CORPORATION (KENNEDY GROVES, INC.) OLD ORCHID PD PROJECT - REQUEST TO MODIFY CERTAIN APPROVED CONCEPTUAL PD PLAN SETBACKS (FRONT YARD SETBACKS ALONG THE EAST SIDE OF THE PROJECT) -31- 9.B.1. PUBLIC DISCUSSION ITEMS - MARK GROSSMAN - VERO LAKE E STATES PROPERTY OWNERS ASSOCIATION, INC. RE• VERO LAKE E STATES DRAINAGE PROJECT -36- 9.B.2. PUBLIC DISCUSSION ITEMS - CHRIS KIRRIE - RE: ACCESS TO SEMBLER PROPERTY -40- 11.A. CHESTNUT CONTRACTORS TRADES FACILITY SITE PLAN - KEN CHESTNUT (ATTORNEY BRUCE BARKETT) - APPEAL OF ROAD PAVING CONDITION - 12TH AVENUE SW AND 8TH STREET SW -45- 11.B. EMR TECIINOLOGIES D/B/A REPLAY SYSTEMS, INC. - SERVICE AGREEMENTS FOR E911 PUBLIC SAFETY ANSWERING POINT (PSAP) RACAL WORDNET LOGGING RECORDERS - SOLE SOURCE BASIS - INDIAN RIVER COUNTY SHERIFF AND CITY OF VERO BRACH POLICE DEPARTMENT -51- 11.C. MAIN LIBRARY RENOVATIONS - BILL BRYANT & ASSOCIATES - CHANGE ORDER #11 -52- FEBRUARY 19, 2002 1 2 {3 • -3- z 11E 11.G.1. 11.G.2. FUNDING POLICY FOR OUTSIDE AGENCIES (STATE, NONPROFIT, CHILDREN'S SERVICES, QUASI -NONPROFIT, AND TOURIST DEVELOPMENT) -54- CARTER ASSOCIATES - 2ND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES - 66TH AVENUE FROM 4TH STREET TO SR -60 -59- RESOLUTION 2002-014 CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 19TH AVENUE SW BETWEEN 10TH STREET SW & 9TH STREET SW AND PORTIONS OF 10TH STREET SW BETWEEN 20TH AVENUE SW AND 18TH AVENUh SW, DESIGNATED AS PROJECT NO. 9911, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT -61- 13.A. CHAIRMAN RUTH M. STANBRIDGE - REPORT ON TRIP TO TALLAHASSEE - (1) STORMWATER PLAN - (2) REDISTRICTING - (3) HALLSTROM FARMSTEAD ON NATIONAL REGISTER - (4) AMTRAK -67- 14.A. EMERGENCY SERVICES DISTRICT -67- FEBRUARY 19, 2002 -4- 14.B. SOLID WASTE DISPOSAL DISTRICT -68- 14.C. ENVIRONMENTAL CONTROL BOARD -68- FEBRUARY 19, 2002 February 19, 2002 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 25th Street, Vero Beach, Florida, on Tuesday, February 19, 2002, at 9:00 a.m. Present were Ruth M. Stanbridge, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; Caroline D. Ginn; and Kenneth R. Macht. Also present were James E Chandler, County Administrator; Paul G. Bangel, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Stanbridge called the meeting to order. 2. INVOCATION Reverend Ray Scent, Chaplain of Indian River Memorial Hospital, delivered the Invocation. FEBRUARY 19, 2002 it k{ J 0 PLEDGE OF ALLEGIANCE Chairman Stanbridge led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Chairman Stanbridge requested 3 changes to today's Agenda: 1. Item 9.B.2., backup supplied. Add Item 11.C., Main Library Renovations - Bill Bryant & Associates - Change Order #11 Item 11 E , add replacements for Pages 125 and 133. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS S.A. INVITATION TO 6m ANNUAL INTER -TRIBAL VERO BEACH POW WOW - FEBRUARY 22-24, 2002 - INDIAN RIVER COUNTY FAIRGROUNDS FEBRUARY 19, 2002 rs • ,Y J*__RO 8E406, T ' T E_RECREATION E C DEPARTMENT C Sh.ithflt�r.tib&.n iERt•BEACH: Pow WOW... HI �► ii FEBRUARY 22, 23, 24, 2002 Indian River County Fairgrounds North on 58th Avenue off Rt. 60, then 7 miles Vero Beach, Florida A NATIVE AMERICAN EVENT PUBI,TC TS INVITED TO ATTEND Native American Dancing Native American Arts & Crafts Creek Encampment, Tipi Exhibit Food Vendors, Face Painting, Seminars Flute Playing, Storytelling Wildlife Exhibit Host Drum Thunderhorse Singers of Oklahoma Master of Ceremony Osceola Red Shirt Arena Director Daniel Tramper Head Man Al Wlnterha wk Head Lady Susan Logan Head Boy Billy Kipp Head Girl Amanda. Lowery Head Gourd Singer Ron Gibson Head Gourd Dancer Ed LaFave Color Guard All Nations Warrior Society Living Historian Jim Sawg-rase Flute Player Tommy Wildcat Entertainer/Singer David White Wolf Tievak Flute Player/Storyteller Ed. Wind Dancer FEBRUARY 19, 2002 -3- Friday, 2/22 School Day 9:30am - 1:30pm Open to Public 3:OOpm - 10:30pm Saturday, 2/23 - 11:00pna Sunday, 2/24 10:00am - 5:30pm Grand Entry Times: Fri. 7:30pm Sat. 2:30 & 7:3Opm Sun 2 OOpm ADULTS: STUDENTS (5-18): SENIORS: CHILDREN UNDER 5: MILITARY IN UNIFORM $5.00 $2.00 $2.00 FREE FREE Arena Under Cover Held Ram or Shine No Drugs, Alcohol or Pets Buses Welcome HOST HOTEL VERO BEACH RESORT formerly Super 8 / Days Inn 8800 20th Street (20th St. same as Rt. 60 1/2 mi East of I-96) Vero Beech, Fl 32966 Phone: 561-662-9991 call for powwow coupon for special rate (coupon on back of flyer) POW WOW INFORMATION 561-567-1579 Vendors and Traders by invitation only Guest Drums Welcome Free primitive camping for participants RV Parking and hook-ups - $20 per night for participants Sponsored by the Teen Escape Council of the Vero Beach/ Indian River County Recreation Department (a non-profit organization) RR 1 72 • Jerry Summers of the Vero Beach Recreation Department invited everyone to the 6th Annual PowWow to be held at the Fairgrounds and introduced some of the Sky Eagle Dancers. Becka Sherman, Senior Princess; Courtney Young; and Donovan Chesser invited the public to the Pow Wow, and Melissa Young, the youngest dancer, passed out free tickets to the Board. Commissioner Adams congratulated the Teen Escape Council on the wonderful results of their efforts and professionalism. S.B. UNITED WAY DRAWING FOR COUNTY EMPLOYEES Jim Romanek, Parks Superintendent, announced that United Way had reached its goal of 1.6 million dollars for this year's campaign. Indian River County employees gave a total of $18,037. He congratulated the employees who did a wonderful job and thanked Commissioner Macht who acted as Chair of the County's campaign. Commissioner Macht emphasized that Jim did all the work and did a fantastic job. Mr Romanek then announced that the County had 80 new first-time givers. He presented the following awards to the following employees: 1. First Time Giver Award of a Night Out at the AMC Movie Theater Anne Moutenot, North County Library 2. Gift Certificate to Chili's Joseph Gabbert, Road & Bridge 3. Gift Certificate to Applebee's James Norman, Parks Department 4. Gift Certificate to Ruby Tuesday's Sharon Franks, Road & Bridge 5. Gift Certificate to T.G.I. Friday's Dorothea Clarke, SWDD FEBRUARY 19, 2002 -4- E, • 6. Night Out at AMC Movie Theater James Hobbs, SWDD/Recycling 7 Gift Certificate to Atlantic Grill Otto Bloomingburg, Golf Course 8. Day Off With Pay Seth Woodiwiss, Parks Department 9. GRAND PRIZE - 3 Days Off With Pay Kevin Hansen, Engineering 6. APPROVAL OF MINUTES - JANUARY 15, 2002 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of January 15, 2002. There were none. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of January 15, 2002, as written. 7. CONSENT AGENDA Commissioner Tippin requested that Item 7.J. be separated for discussion. 7.A. LIST OF WARRANTS The Board reviewed a Memorandum of February 7, 2002: FEBRUARY 19, 2002 -5- nit De • • TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: February 7, 2002 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of February 1, 2001 to February 7, 2002. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for February 1-7, 2002, as recommended by staff. CHECK NAME NUMBER O 021576 O 021577 O 021578 0021579 O 021580 0021581 0021582 O 021583 0021584 0021585 O 021586 0021587 O 021588 0021589 O 021590 0021591 O 317321 O 317322 O 317323 O 317324 O 317325 O 317326 O 317327 O 317328 O 317329 O 317330 O 317331 O 317332 O 317333 0317334 AETNA LIFE INSURANCE AND KRUCZKIEWICZ, LORIANE STATE DISBURSEMENT UNIT BUREAU FOR CHILD SUPPORT ENFOR INTERNAL REVENUE SERVICE IRS - ACS CHAPTER 13 TRUSTEE VERO BEACH FIREFIGHTERS ASSOC. INDIAN RIVER FEDERAL CREDIT COLONIAL LIFE & ACCIDENT NACO/SOUTHEAST SALEM TRUST COMPANY SAN DIEGO COUNTY OFFICE OF THE FL SDU AMERICAN FAMILY LIFE ASSURANCE BREVARD TITLE, INC AT&T WIRELESS ACE PLUMBING, INC ACTION TRANSMISSION AND ADVANCED GARAGE DOORS, INC ALPHA ACE HARDWARE APPLE INDUSTRIAL SUPPLY CO APPLE MACHINE & SUPPLY CO ATCO TOOL SUPPLY ATLAS PEN & PENCIL CORP AUTO SUPPLY CO OF VERO BEACH, ABS PUMPS, INC ACS COURIER SERVICE ARCHIVE PUBLISHING A T & T FEBRUARY 19, 2002 CHECK DATE 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-01 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 t CHECK AMOUNT 1,125.89 138.50 37.75 115.38 50.00 50.00 639.86 2,500.00 79,663.47 204.48 9,866.05 316.69 132.46 7,937.45 162.86 602.34 27.82 865.00 123.00 930.00 129.49 655.27 20.16 69.83 475.08 913.98 482.63 95.00 190.00 101.03 • O 31733.5 O 317336 0317337 O 317338 O 317339 O 317340 O 317341 O 317342 O 317343 O 317344 O 317345 O 317346 O 317347 O 317348 O 317349 O 317350 O 317351 O 317352 0317353 O 317354 O 317355 O 317356 O 317357 O 317358 O 317359 O 317360 O 317361 O 317362 O 317363 O 317364 O 317365 O 317366 O 317367 O 317368 O 317369 O 317370 O 317371 O 317372 O 317373 O 317374 O 317375 O 317376 O 317377 O 317378 O 317379 O 317380 O 317381 O 317382 O 317383 0317384 O 317385 O 317386 O 317387 O 317388 O 317389 0317390 O 317391 O 317392 0317393 O 317394 O 317395 O 317396 ABRAMSON, GEORGE ALL COUNTY MOWER & EQUIP CO AUTO PARTS OF VERO, INC ARAMA.RK UNIFORM SERVICES A T & T APOLLO ENTERPRISES AIR COMPRESSOR WORKS INC AMERICAN WATER CHEMICALS INC AMERITREND HOMES ADVANCETEC INDUSTRIES INC A M ENGINEERING & TESTING INC ARNOLD WALKER PAINTING BARTH CONSTRUCTION BOARD OF COUNTY COMMISSIONERS BILL BRYANT & ASSOCIATES, INC BARTON, JEFFREY K -CLERK BRIDGESTONE SPORTS, INC BAKER & TAYLOR INC BRODART CO BAKER & TAYLOR ENTERTAINMENT BURDOCK, JOHN BOYNTON PUMP & IRRIGATION BROWN, DONALD JR BREVARD ORTHOPAEDIC CLINIC BELLSOUTH BEAZER HOMES, INC BLANKEN, RICHARD BELLSOUTH PUBLIC COMMUNICATION BRANDES, MICHAEL B & S SOD INC BLACKMON, SHANITA BEST WESTERN SEMINOLE INN BELLSOUTH CAMP, DRESSER & MCKEE, INC COMMUNICATIONS INT'L INC CROOM CONSTRUCTION CO CHAMBER OF COMMERCE CLARKE, DOROTHEA CHILBERG CONSTRUCTION CO COALITION FOR THE HOMELESS CHILBERG CONSTRUCTION CO. COMPLETE WET/DRY SANDBLASTING COAST TO COAST JANITOR SERVICE CAUDILL, LARRY CENTER FOR EMOTIONAL AND CARQUEST AUTO PARTS CHUMP, INC. COLUMBIA PROPANE CALLAWAY GOLF BALL CO CHOICE PROCESS -ORLANDO CINGULAR WIRELESS CLARRY, ALISON CHOICEPOINT BUSINESS & CRAWFORD COUNTY HISTORICAL CHILDREN'S HOME SOCIETY COASTAL BIO -SYSTEMS COMPUTER MANAGEMENT CORP COASTAL SUDS -N -SHINE CAR WASH CEMCO CONSTRUCTION CAL BUILDERS, INC CALIFORNIA OAKS STATE BANK CUNNINGHAM, RICHARD MD 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 250.00 6.79 1,083.99 7,510.01 131.52 1,491.29 229.55 59,562.75 2,000.00 297.50 196.00 1,211.00 39,974.00 4,202.69 173,534.55 1,649.75 207.36 1,639.67 1,785.79 87.87 30.85 12.70 234.50 517.75 5,397.57 1,500.00 20.00 35.38 1,482.00 150.00 82.40 172.50 277.32 3,359.36 2,534.75 2,500.00 30,179.63 20.88 237,253.00 2,942.74 24,691.00 400.00 585.00 40.00 199.50 566.51 7,908.47 74.19 191.54 80.00 529.04 31.31 25.00 141.00 19,917.72 266.00 2,006.25 500.00 1,327.50 500.00 74.90 350.00 • FEBRUARY 19, 2002 R 0�+ L -7- O 317397 O 317398 O 317399 O 317400 O 317401 O 317402 O 317403 O 317404 O 317405 O 317406 O 317407 O 317408 O 317409 O 317410 O 317411 O 317412 O 317413 O 317414 O 317415 O 317416 O 317417 0317418 O 317419 O 317420 O 317421 O 317422 O 317423 O 317424 O 317425 O 317426 O 317427 O 317428 O 317429 O 317430 O 317431 O 317432 O 317433 O 317434 O 317435 O 317436 O 317437 0317438 O 317439 O 317440 O 317441 O 317442 O 317443 O 317444 O 317445 O 317446 O 317447 O 317448 O 317449 O 317450 O 317451 O 317452 O 317453 O 317454 O 317455 O 317456 O 317457 O 317458 O 317459 O 317460 O 317461 O 317462 DATA SUPPLIES, INC DAVES COMMUNICATIONS DEMCO INC D ICKERSON-FLORIDA, INC D IRECTOR, KENNETH L MD PA FLORIDA DEPARTMENT OF BUSINESS DON SMITH'S PAINT STORE, INC DUN & BRADSTREET DUVAL FORD DAVIDSON TITLES, INC DANGERFIELD, DAVID DEAF SERVICE CENTER OF THE DADE PAPER COMPANY FEDEX DOWNTOWN PRODUCE INC D ILLARD, CASSIE DOWNING, DALE D ELGADO, ANDRES D IGITAL TECHNOGRAPHICS, INC D -Z BREW COFFEE SERVICE, INC EXPRESS REEL GRINDING, INC ELPEX, INC EDLUND & DRITENBAS EMERGENCY MEDICAL CONSULTANTS EVERGLADES FARM ELECTRO -NUMERICS INC FELLSMERE, CITY OF FLORIDA FLORIDA FLORIDA FLORIDA FOOTJOY FLOWERS FLORIDA FWPC ASSOCIATION OF COCA-COLA BOTTLING CO POWER & LIGHT COMPANY RURAL WATER BAKING COMPANY OF TIRE RECYCLING, INC O A FLOW -TECHNOLOGY FRAZIER, JOHN FLORIDA HUMANITIES COUNCIL FALZONE, KATHY FENIMORE, CHARLES FACTICON, INC FLORIDA CLINICAL PRACTICE FLORIDA POWER & LIGHT FREIGHTLINER TRUCKS OF SOUTH FIRSTLAB FIRESTONE TIRE & SERVICE FLORIDA HIGHWAY PATROL FRENCH, GEORGE FLOYD, IRA MD FLORIDA GFC-NGWTF FIRTH, KERRY CASALINA, NICHOLAS GALE GROUP, THE GAYLORD BROTHERS, INC GOODKNIGHT LAWN EQUIPMENT, INC GOULD, COOKSEY,FENNELL,O'NEILL GALL'S INC G IFFORD YOUTH ACTIVITIES CENTE GOULD, COOKSEY,FENNELL,O'NEILL G E CAPITAL COMMERCIAL SERVICE POWELL, ELIZABETH GAMBINO G IANNELLI MELONEY GOULD, COOKSEY,FENNEL, ONEIL, H W WILSON CO HUMANE SOCIETY OF VERO BEACH HUNTER AUTO SUPPLIES FEBRUARY 19, 2002 -8- 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 291.36 48.89 877.21 4,457.69 29.00 65.72 134.88 9.50 46,428.00 3,084.40 18.00 625.00 732.23 38.65 171.26 38.62 500.00 77.70 194.00 47.50 600.00 4,553.42 2,821.03 5.00 362.14 430.31 20.33 200.00 1,141.45 20,551.93 50.00 1,252.05 130.58 787.50 350.00 167.01 8.80 20.00 91.93 270.00 1,875.00 21.00 2,915.83 553.93 589.00 1,035.35 25.00 18,590.76 12.50 17.50 500.00 20.00 556.21 360.68 1,214.25 21,169.00 77.88 12,654.28 26,169.00 167.61 86.65 117.70 21,169.00 99.75 10,440.00 1,126.55 I PG nv. r..4 «a / E .) La d • O 317463 O 317464 0317465 O 317466 O 317467 O 317468 O 317469 O 317470 0317471 O 317472 O 317473 O 317474 O 317475 O 317476 O 317477 O 317478 O 317479 0317480 O 317481 O 317482 0317483 0317484 0317485 O 317486 0317487 O 317488 O 317489 O 317490 O 317491 O 317492 O 317493 O 317494 O 317495 0317496 O 317497 O 317498 O 317499 O 317500 O 317501 O 317502 O 317503 O 317504 O 317505 0317506 0317507 O 317508 0317509 O 317510 O 317511 O 317512 O 317513 O 317514 O 317515 O 317516 O 317517 0317518 O 317519 O 317520 0317521 O 317522 0317523 O 317524 O 317525 O 317526 O 317527 HELD, PATRICIA BARGO HERCULES INC HOLMES REGIONAL MEDICAL CENTER HUSSAMY, OMAR MD HAYHURST, WILLIAM HOLIDAY BUILDERS HOLMES, IDA HARRINGTON INDUSTRIAL HARRIS, GREGORY PHD CVE HURLEY,ROGNER,MILLER,COX AND HARRIGAN, TEANNA INDIAN RIVER COUNTY INDIAN RIVER BATTERY, INC INDIAN RIVER BLUEPRINT CO INC INDIAN RIVER COUNTY INDIAN RIVER COUNTY UTILITY INGRAM LIBRARY SERVICES INDIAN RIVER COUNTY INDIAN RIVER MEMORIAL HOSPITAL INDIAN RIVER COUNTY SCHOOL INDIAN RIVER ALL -FAB, INC IKON OFFICE SOLUTIONS IRC COUNCIL OF COMMUNITY IFAS PUBLICATIONS JELMBY, PETER JANITORIAL DEPOT OF AMERICA JEFFERSON, CHRISTOPHER A JANWAY COMPANY JONES, ELVIN JR KNIGHT & MATHIS, INC KOMARNICKI, WALTER SR KELLY, JULIE ANN KNAPP, EUGENE E JR KELLY'S DIESEL SERVICE KUESTERSTEFFEN, MIKE KEMIRON INC LENGEMANN OF FLORIDA, INC LESCO, INC LOS ANGELES DODGERS, INC LOWE'S COMPANIES, INC. L B SMITH, INC L IGHT SOURCE BUSINESS SYSTEMS LABOR FINDERS LANDFILL SERVICE CORPORATION LOPRESTI, ETTA LOWE'S COMPANIES,INC LANGSTON, HESS, BOLTON,ZNOSKO MACMILLAN OIL COMPANY MARPAN SUPPLY COMPANY, INC MARSHALL CAVENDISH CORP MILNER INC MOSS, HENDERSON, BLANTON & MARTIN'S LAMAR UNIFORMS MATRX MEDICAL INC MEDICAL RECORD SERVICES, INC MIDWEST TAPE EXCHANGE MARC INDUSTRIES MIKES GARAGE & WRECKER SERVICE MGB CONSTRUCTION INC MIDLANTIC DATA SYSTEMS INC MERCEDES HOMES INC MEDIA BASICS VIDEO NORTH SOUTH SUPPLY INC NATIONAL GEOGRAPHIC VIDEO NEXTEL COMMUNICATIONS FEBRUARY 19, 2002 -9- 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 574.00 3,528.00 1,439.25 750.00 500.00 2,500.00 95.70 4,858.66 321.05 8,713.51 25.75 150.00 559.00 24.64 191.53 1,963.51 82.75 297.50 3.00 1,322.50 48.70 397.60 20.00 32.00 500.00 2,568.47 60.00 361.58 118.45 57.42 165.00 337.50 500.00 13,349.22 225.00 1,103.08 70.00 233.60 250.00 2,147.66 2,654.93 651.00 4,530.67 192.59 116.00 233.28 3,112.43 79.39 360.00 296.75 456.06 43.09 8,957.50 219.30 73.21 1,075.43 27.65 125.00 2,133.17 4,752.00 1,000.00 76.84 47.48 23.70 1,006.29 0 • O 317528 NAGY, BELA O 317529 NU CO 2, INC 0317530 NOWLIN, TIAIRA O 317531 NEW HORIZONS COMPUTER LEARNING 0317532 OFFICE PRODUCTS & SERVICE 0317533 OFFICE DEPOT, INC 0317534 OSCEOLA PHARMACY O 317535 O 317536 O 317537 O 317538 0317539 O 317540 O 317541 0317542 O 3175 O 3175 O 3175 O 3175 O 3175 O 3175 O 31754 031755 O 31755 O 31755 031755 O 31755 O 31755 O 31755 031755 O 31755 O 31755 0317560 0317561 O 317562 0317563 O 317564 O 317565 O 317566 O 317567 O 317568 O 317569 O 317570 0317571 O 317572 O 317573 O 317574 O 317575 O 317576 O 317577 O 317578 O 317579 O 317580 O 317581 O 317582 O 317583 O 317584 O 317585 O 317586 O 317587 O 317588 O 317589 O 317590 O 317591 ODYSSEY MANUFACTURING CO OFFICE DEPOT PARENT CONSTRUCTION CO PARKS RENTAL INC PERKINS INDIAN RIVER PHARMACY POSTMASTER PUBLIC DEFENDER PROCTOR CONSTRUCTION 43 PERKINS MEDICAL SUPPLY 44 PARRISH, JAMES L PE 45 POMEROY COMPUTER RESOURCES 46 PASSAGE ISLAND HOMES, INC 47 PUBLIX PHARMACY #0642 48 PERSONNEL PLUS INC 9 PING, INC 0 P B S& J ANALYTICAL SERVICES 1 PUERTO RICO DEPARTMENT OF 2 REGIONS INTERSTATE BILLING SVC 3 PESHA, JESSICA 4 PULSAFEEDER INC 5 PERKINS PHARMACY 6 PROFESSIONAL PROCESS SERVICE 7 QUALITY BOOKS, INC 8 RINGHAVER EQUIPMENT COMPANY 9 RECORDED BOOKS, LLC R & G SOD FARMS RUBBER STAMP EXPRESS & MORE REGIONS INTERSTATE BILLING REXFORD, JOHN ROYAL, THOMAS ROGER DEAN CHEVROLET RIVER'S END & WEST END NURSERY RIZIO, HOWARD ROCKWOOD CORPORATION, THE SAFETY KLEEN S COTT'S SPORTING GOODS S EWELL HARDWARE CO, INC SOUTHERN EAGLE DISTRIBUTING, REXEL SOUTHERN ELECTRIC SUPPLY ST LUCIE BATTERY & TIRE, INC SUNCOAST WELDING SUPPLIES INC SUNSHINE PHYSICAL THERAPY SEMBLER, CHARLES W SHADY OAK ANIMAL CLINIC SOUTHERN SEWER EQUIPMENT SALES S UBSTANCE ABUSE COUNCIL S UN BELT MEDICAL SUPPLY, INC S TORYTIME PRODUCTIONS SOLINET SMITH BROS CONT EQUIP S YSCO OF SOUTHEAST FLORIDA S TEWART MINING INDUSTRIES INC S TARCK, DONNA S EBASTIAN, CITY OF S EBASTIAN POLICE DEPARTMENT S OUTHEASTERN EMERGENCY EQUIP SANDY PINES FEBRUARY 19, 2002 -10- 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 114.55 17.85 25.75 1,125.00 1,180.97 5,490.74 248.72 4,545.00 12.30 500.00 1,949.25 82.11 15,000.00 5,228.48 500.00 158.90 1,824.25 5,101.00 500.00 179.90 570.00 282.77 10,788.00 810.44 636.53 38.62 419.44 165.83 45.00 39.60 921.25 464.80 200.00 99.00 348.46 500.00 135.72 213.67 975.00 252.57 922.90 277.00 1,774.82 149.23 285.60 34.41 316.91 196.95 45.00 50.85 34.99 167.12 6,801.92 626.25 163.66 314.12 146.89 341.73 681.03 27.26 8,803.99 2,234.81 908.70 635.00 L • O 317592 SUMMERLIN'S SEVEN SEAS O 317593 SOUTHERN/ALARM PARTNERS O 317594 SAFETY PRODUCTS INC O 317595 SOUTHERN COMPUTER SUPPLIES INC 0317596 SPHERTON CORP O 317597 SHIVERS, OVID AND O 317598 STORAGE SOLUTIONS O 317599 SNOW, CATHY O 317600 SYSINCT O 317601 SEYMOUR, LINDA O 317602 SUNNYTECH INC- FL O 317603 STEPHENS, LARRY O 317604 SQUARE TWO GOLF O 317605 STRNAD CUSTOM BUILDERS INC 0317606 SEARS ASSOCIATE SERVICE CENTER 0317607 SHOW WHAT YOU KNOW PUBLISHING 0317608 SCRIPPS TREASURE COAST O 317609 TEEJAYS' O 317610 TEN -8 FIRE EQUIPMENT, INC 0317611 TITLEIST O 317612 TREASURE COAST REFUSE O 317613 THOMSON LEARNING O 317614 T A P SOD O 317615 SCRIPPS TREASURE COAST O 317616 TREASURE COAST SPORTS O 317617 THORRY, ANDREW O 317618 TESTAMERICA INC O 317619 UNIVERSITY PRESS OF FLA 0317620 UPSTART O 317621 O 317622 O 317623 0317624 O 317625 O 317626 0317627 O 317628 O 317629 O 317630 O 317631 O 317632 O 317633 O 317634 O 317635 O 317636 O 317637 O 317638 O 317639 O 317640 O 317641 O 317642 O 317643 O 317644 O 317645 O 317646 O 317647 O 317648 O 317649 O 317650 O 317651 0317652 O 317653 O 317654 O 317655 UNITED PARCEL SERVICE U S FILTER DISTRIBUTION GROUP UNITED PARCEL SERVICE U S FILTER/DAVIS PRODUCTS VERO BEACH, CITY OF VERO BEACH, CITY OF VERO LAWNMOWER CENTER, INC VETROL DATA SYSTEMS, INC VERO BEACH, CITY OF VERO BEACH, CITY OF VERO BEACH POLICE DEPARTMENT VERO BEACH POLICE DEPARTMENT VERO BEACH, CITY OF VERO COLLISION CENTER VETERANS COUNCIL OF INDIAN VOICE STREAM WIRELESS WALSH, LYNN WOLSTENHOLME, SHIRLEY WINN DIXIE STORES INC WILLHOFF, PATSY WILLIAM THIES & SONS, INC WINDOW SALES & SERVICE INC WHEELER PUBLISHING, INC WILSON, MARGARET F WEST GROUP PAYMENT CTR WASTE MANAGEMENT WATERVIEW PRESS INC WALGREEN COMPANY WALKER, KEITH W C G, INC WIDNER, BRADLEY J WELLER POOL CONSTRUCTORS INC WHITE, JOHN S WEBSTER VETERINARY SUPPLY INC XEROX CORPORATION FEBRUARY 19, 2002 -11- 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 E61 10,600.00 828.00 1,184.20 70.14 241.65 500.00 210.37 1,350.00 14,236.25 52.50 699.09 154.00 119.52 500.00 30.00 34.90 276.32 6.50 2,521.50 601.50 79.71 163.18 3,980.39 638.00 2,523.25 345.00 24.00 434.82 57.21 250.33 12,695.57 221.77 2,082.40 22,706.87 103.37 163.48 2,268.00 1,683.74 4,077.38 465.08 75.00 255.10 1,051.00 3,706.37 500.00 37.12 27.49 214.46 130.00 145.50 1,000.00 213.35 130.50 4,969.00 433.11 45.15 3,442.98 120.00 10,636.48 46.35 165,825.00 59.22 177.85 264.48 PG 0 • O 317656 O 317657 0317658 O 317659 O 317660 O 317661 O 317662 O 317663 O 317664 O 317665 O 317666 O 317667 O 317668 O 317669 O 317670 O 317671 0317672 O 317673 O 317674 O 317675 O 317676 O 317677 O 317678 O 317679 O 317680 O 317681 O 317682 YOUNG, BRENDA ZEE MEDICAL SERVICE ZEPHYRHILLS NATURAL SPRING MILLER, JOSEPH WRIGHT, KA SACHBRENA LUCAS, PAUL BURGOON BERGER CONSTRUCTION R ZORC & SONS BUILDERS INC MASON, JILL K FROST TRUSTEE, ANNE ST LUCIE DEVELOPMENT CORP WOLF, ALBERT & RENE FONNER, WILLIAM L AMERITREND HOMES PASSAGE ISLAND HOMES INC SCHOFIELD, DONNA SCHAMBACK, DOUGLAS HAMILTON PLACE INC WALKER, TARYN MATOLEK, LISA E CARALLO, SUSAN JONES, GRAEME W WILLIAMS, CARRIE FREDDELL, CLINT R STEEN, BOBBY SAPP, CYNTHIA HONEYBAKED HAM CO & CAFE 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 2002-02-07 15.00 45.64 9.50 64.78 5.11 41.30 75.50 38.74 43.52 116.94 44.13 55.95 30.03 43.02 103.64 66.43 41.21 48.17 28.59 44.40 54.72 64.11 21.28 9.24 15.06 43.01 50.65 1,422,256.50 7.B. SANDRIDGE GOLF CLUB - GOLF BALL RETRIEVAL AGREEMENT - GOLF BALL GRAPHIC LLC The Board reviewed a Memorandum of February 11, 2002: DATE: TO: THRU: February 11, 2002 Honorable Members of Board of County Commissioners James E. Chandler, County Administrator SUBJECT: GOLF BALL RETRI VAL AGREEMENT FROM: Bob Knmarinetz Dir th• • olf BACKGROUND In the past the Sandridge Golf Chub has utilized the services of a golf ball retrieval company to retrieve the golf balls from the lakes on the golf courses. The most recent agreement was with Mr. Tom Nelson d/b/a Wabasso Golf However Mr Nelson is no longer able to perfoim such services. Mr. Nelson paid the Sandridge Golf Club five cents commission for each golf ball he retrieved. In the search for another company to perfoiiu this type of service, staff has received a proposal from Golf Ball Graphic LLC. They have proposed to pay the Sandridge Golf Club six cents commission for each golf ball retrieved. Staff feels that this is a good proposal since it's been extremely difficult to even receive another proposal from any other company doing this type of work. FEBRUARY 19, 2002 -12- Litt 7 9 Di �Jis Lw v • • Attached is a copy of the proposed contract Also attached are copies of necessary insurance to perform the work. RECOMMENDATION Staff recommends that the Board of County Commissioners allow the Sandridge Golf Club to enter into a Contract with Golf Ball Graphics LLC to do the golf ball retrieval from the lakes on the golf courses per the teiuns of the attached Contract. Authorize the Chaiiuman to sign to execute the contract. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the contract with Golf Ball Graphics LLC to do the golf ball retrieval from the lakes at Sandridge Golf Club and authorized the Chairman to execute same, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. C. PROCLAMATION IN HONOR OF RICHARD STARK - HOMELESS SERVICES The Chairman entered the following Proclamation on the record: PROCLAMATION HONORING RICHARD A. STARK WHEREAS, Richard A. Stark has become a visible, vocal and persistent advocate for the homeless in our community, and for development of programs and services to meet their needs; and WHEREAS, Mr. Stark personally secured funds to resolve the homeless situation, supported the Samaritan Center, and tirelessly lobbied the newspaper, City and County government, State legislature and private donors for support for the development of services; and WHEREAS, in 1999 Richard A. Stark established the Indian River County Task Force on the Homeless, a County -wide cooperative effort to determine the needs of the homeless in Indian River County; and FEBRUARY 19, 2002 B1( 191 -13- WHEREAS, in September of 2000 Richard A. Stark convened the Indian River Homeless Services Council to carry on the work of the Task Force and to organize and manage a Continuum of Care. He became the first Chairman of the Indian River Homeless Services Council, which now includes more than fifty public and private service organizations local governments, private citizens, the business and banking community, private foundations and faith -based organizations involved on behalf of the homeless people of the community; and WHEREAS, Mr. Stark contributed significantly to the renovation and operation of a County -owned building for use as a Homeless Resource Center with offices food pantry, centralized intake and centralized referral, to minimize the need for homeless people with limited or no transportation to secure the services they need. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the Board expresses its deep appreciation for the services Richard A. Stark has performed on behalf of the homeless in Indian River County. Dated this 19th day of February, 2002. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA hy)l. Tippin, Vire Kenneth R. Macht qq �tl, 7.D. PUBLIC LIBRARY ADVISORY BOARD AND SPACE NEEDS COMMITTEE - RESIGNATION OF PHILIP J. MANK, JR. The Board reviewed a Memorandum of February 11, 2002: FEBRUARY 19, 2002 • TO: Board of County Commissioners FROM: Reta Smith, Assistant to the Executive Aide DATE. February 11, 2002 RE: Resignation of Philip J. Mank, Jr. from the Public Library Advisory Board and the Space Needs Committee As per the attached letters, Mr. Mank has submitted his resignation to the Public Library Advisory Board (PLAB) and the Space Needs Committee due to illness. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously accepted, with regret, the resignations of Philip J. Mank, Jr. from the Public Library Advisory Board and the Space Needs Committee. 7. E. PARKS & RECREATION COMMITTEE - APPOINTMENT OF JULIANNE BARRETT AS REPRESENTATIVE OF THE CITY OF SEBASTIAN The Board reviewed a Memorandum of February 12, 2002: FEBRUARY 19, 2002 -15- BK1 • TO: Board of County Commissioners FROM: Reta Smith, Assistant to the Executive Aide DATE: February 12, 2002 RE: Sebastian Representative to the Parks & Recreation Committee Sebastian City Hall has advised us that their new representative to the County Parks & Recreation Committee will be Julianne Barrett, 359 Tunison Lane, Sebastian, Florida 32958. This is for information only, no Board action is required. NO ACTION REQUIRED OR TAKEN. 7. F. PAYMENTS TO VENDORS OF COURT -RELATED COSTS The Board reviewed a Memorandum of February 7, 2002: Paul G. Bangel, County Attorney' William G. Collins II, Deputy County Attorney* Madan E Fell, Assistant County Attorney TO: FROM: DATE: SUBJECT: "Board Certified, City, County and Local Government Law MEMORANDUM :o. d of County Commissioners 4,'arta . Fell, Assistant County Attorney February 7, 2002 Payments to Vendors of Court Related Costs The Office of the County Attorney has processed and approved payment to the following vendors for the weeks of December 17, 2001 through January 28, 2002. Listed below are the vendors and the amount of each court -related cost. VENDOR: G regory C. Landrum, Psy.D. Gregory C. Landrum, Psy.D. Susan L. Chenault, Esq. H ammond & Smith, P.A.. B erta B.H. Bauchrnan FEBRUARY 19, 2002 PAYMENT TYPE: Clinical Evaluation Clinical Evaluation Guardianship Legal Services Indigent Dependency Case Court Interpreter -16- AMOUNT: 675.00 675.00 735.00 11,750.00 85.00 • Alma Rosa Barajas Patricia B. Held Madge A. Bradford Madge A. Bradford Madge A. Bradford Linda Seymour Madge A. Bradford Berta B. H. Bauchman Berta B. H. Bauchman James T. Long, Esq. James T. Long, Esq Alma Rosa Barajas Evens Latortue Suncoast Counseling Gregory C. Landrum, Psy.D. Patricia B. Held Evens Latortue Medical Record Services American Reporting Gregory C. Landrum, Psy.D. Medical Record Services State Attorney Information & Evidence Alma Rosa Barajas Alma Rosa Barajas Atlantic Reporting Global Translations Maria E. Barrow Evens Latortue Monroe Co. Clerk Patricia B. Held American Reporting Donald B. Edwards, DMD, P.A. Medical Record Services Karen Rushing, Clerk Evens Latortue Linda Seymour Cristi Martin Pamela G. Phelps P amela G. Phelps Berta B. H. Bauchman U nishippers Jiffy Photo Unishippers Unishippers Unishippers Medical Record Services U nishippers Suncoast Counseling S uncoast Counseling Suncoast Counseling Suncoast Counseling Suncoast Counseling Norman A. Green, Esq. Andrew B. Metcalf, Es.q Berta B. H. Bauchman Texas Dept. of Public Safety Dept. of Transportation Madge A. Bradford Marcia Geisler-Steiner Marcia Geisler-Steiner Janet C. Prosper Cristi Martin Linda Seymour Patricia B. Held FEBRUARY 19, 2002 Court Interpreter Transcription Transcription Transcription Transcription Transcription Transcription Court Interpreter Court Interpreter P ublic Defender Conflicts P ublic Defender Conflicts Court Interpreter Court Interpreter Clinical Evaluation Clinical Evaluation Transcription Court Interpreter S tate Attorney Costs Transcription Clinical Evaluation State Attorney Costs S tate Attorney Costs Court Interpreter Court Interpreter Court Reporter Court Interpreter Court Interpreter Court Interpreter State Attorney Costs Transcription Transcription S tate Attorney Costs S tate Attorney Costs S tate Attorney Costs Court Interpreter Transcription Transcription Transcription Transcription Court Interpreter S tate Attorney Costs S tate Attorney Costs State Attorney Costs S tate Attorney Costs State Attorney Costs State Attorney's Costs S tate Attorney's Costs Clinical Evaluation Clinical Evaluation Clinical Evaluation Clinical Evaluation Clinical Evaluation Indigent as to Costs Indigent as to Costs Court Interpreter S tate Attorney Costs S tate Attorney Costs Transcription Transcription Transcription Transcription Transcription Transcription Transcription 40.00 77.00 168.00 122.50 192.50 119.00 168.00 40.00 40.00 900.00 9,000.00 40.00 40.00 687.50 450.00 360.50 40.00 46.34 111.00 675.00 42.41 175.00 40.00 40.00 425.00 313.00 25.00 40.00 6.00 94.50 27.00 72.00 12.80 7.00 40.00 98.00 59.50 31.50 63.00 40.00 13.14 28.00 14.04 10.14 13.14 23.49 19.22 537.50 537.50 500.00 500.00 662.50 696.76 467.17 40.00 10.00 3.00 45.50 112.00 42.00 45.50 101.50 87.50 77.00 • n4. 3 -17- Linda Seymour Patricia B. Held Patricia B. Held Linda Seymour Rehman Technology Services Maria Barrow Total Transcription Transcription Transcription Transcription State Attorney's Costs Court Interpreter cc: Honorable Paul B. Kanarek, Circuit Judge NO ACTION REQUIRED OR TAKEN. 52.50 325.50 171.50 273.00 3,480.00 40.00 $37,818.15 7.G. HARRY AND HARRIET MOORE LITTLE LEAGUE PARK LLI PROJECT #M99048 - OLD FELLSMERE SCHOOL - B UREA U OF DESIGN & RECREATION SERVICES, DEPARTMENT OF ENVIRONMENTAL PROTECTION, GRANT EXTENSION The Board reviewed a Memorandum of February 13, 2002: Date: To: Thru: From: Subject: February 13, 2002 The Honorable Board of County Commissioners James E. Chandler, County Administrator Thomas W. Frame, General Services Director --1/Z,z d it, Grant Extension for Harriet & Harry Moore Little League Park LLI Project No. M99048 Old Fellsmere School ($150,000) BACKGROUND: Attached, please find a letter from Linda D. Reeves with the Bureau of Design and Recreational Services along with an Agreement to extend the existing grant for the Old Fellsmere School ($150,000). The extension would be a six-month extension to the existing grant and would extend the grant to June 30, 2002. RECOMMENDATION: Staff recommends that the Board approve the grant extension and authorize the Chaiuuan to execute the amended agreement. FEBRUARY 19, 2002 -18- • ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the Grant Extension and authorized the Chairman to execute the Amendment to the Agreement, as recommended by staff. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.11. MGB CONSTRUCTION (CORTEZ) - FLOODPLAIN CUT AND FILL BALANCE WAIVER - LOT 16, BLOCK 20, VERO LAKE ESTATES, UNIT 4 The Board reviewed a Memorandum of February 7, 2002: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director AND Christopher J. Kafer, Jr., P County Engineer FROM: David B. Cox. P.E., Civil EngineerQiec SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Lot 16, Block 20, Vero Lake Estates Unit 4 REFERENCE: Project No. 2002010118-29837 DATE: February 7, 2002 FEBRUARY 19, 2002 -19- CONSENT AGENDA n tiu • DESCRIPTION AND CONDITIONS MGB Construction, Inc. has submitted a building permit application for a single-family residence on the subject property. The site is located in an AE special flood hazard zone base flood elevation 23.0 ft N G V D In the attached letter from the applicant's engineer dated February 1, 2002, a waiver of the cut and fill requirements is requested. The lot area is 1.08 acres. The volume of the 100 -year floodplain displaced by the proposed grading plan is estimated to be 873.8 cubic yards. ALTERNATIVES AND ANALYSIS The waiver request has been reviewed by staff and appears to meet the criteria of Section 930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance for lots located in the Vero Lake Estates Municipal Services Taxing Unit. Alternative No. 1 Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4. Alternative No. 2 Deny the cut and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement. RECOMMENDATIONS Staff recommends approval of Alternative No. 1. ATTACHMENTS 1. Letter from Ronald G. Keller, P.E., dated February 1, 2002. 2. Calculations for cut and fill ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously granted the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended by staff. FEBRUARY 19, 2002 -20- • 7.1. CARRIAGE LAKE AT VERO, L.C. - CASH DEPOSIT AND ESCROW AGREEMENT FOR COMPLIANCE AND RESTORATION BONDING The Board reviewed a Memorandum of February 12, 2002: Paul G. Bangel, County Attomey William G. CoLins II, Deputy County Attorney* Manan E Fell, Assistant County Attorney *Board Certified, City, County and Local Government Law MEMORANDUM TO: The Board of County Commissioners FROM: (f9L William G. Collins II — Deputy County Attorney DATE: February 12, 2002 SUBJECT: Compliance and Restoration Bonding for Carriage Lake at Vero, L.C. Prior to the issuance of a land development permit, Carriage Lake at Vero, L C was required to post the necessary compliance and restoration bonds to construct a lake within the existing approved planned development and to export the fill from the site. Carriage Lake at Vero L C. has posted a cash bond in the amount of $30,800 00 for compliance, a $12,300.00 cash bond for restoration, and has executed a Cash Deposit and Escrow Agreement No PD -00-09-04 (20010158) to guarantee compliance and restoration. RECOMMENDATION: Approve the attached Cash Deposit and Escrow Agreement No. PD -00-09-04 (20010158) and authorize the Chairman of the Board to execute same. FEBRUARY 19, 2002 -21- )40 • ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the Cash Deposit and Escrow Agreement with Carriage Lake at Vero, L C and authorized the Chairman to execute same, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.J. DEMETREE-INDIAN RIVER, LLC- EMERALD ESTATES SUBDIVISION (F/K/A TYLER PLACE - DEVELOPER'S AGREEMENT FOR FORCE MAIN INSTALLATION ON 45TH STREET WEST OF 58TH AVENUE The Board reviewed a Memorandum of January 31, 2002: DATE: T0: JANUARY 31, 2002 JAMES E. CHANDLER COLTTY ADMINISTRATOR FROM: W. ERIK OLSON DIRECTOR OF UTILITY S VICES PREPARED AARON J.BEP E „m i J AND STAFFED ENVIRONMENTAL AL ENGI'\EER ///�l BY: DEPARTMENT OF UTILITIES SUBJECT: DEVELOPERS AGREEMENT WITH EMERALD ESTATES SUBDIVISION (FOR FORCE MAIN INSTALLATION ON 45Th STREET WEST OF 58Th AVENUE) BAC'KGROTIND & ANALYSIS Emerald Estates (FICA Tyler Place) is a proposed subdivision located at 6120 45th Street. A master planned force main had been scheduled to be constricted along 45th Street on an as -needed basis driven by development_ Through previous approved developer agreements, a master planned force main is to be constnicted along King's Highway from Kings Baptist Church north to 49th Street, to which the subject force math will connect. In FEBRUARY 19, 2002 DI : 0 5 L I -22- • conjunction with the development of Emerald Estates, the Utilities Depaitttient has required that approxunately 2,224 lineal feet of 6" force main be extended from King's Highway west along 45th Street's right-of-way, to the subject subdivision. Attached is a proposed developer's agreement with DEMETREE — INDIAN RIVER LLC for reimbursement of a portion of the subject force main. The Developer's Agreement is stipulated to reimburse the Developer for the County's share of the force main based on itemized invoices of installed materials on a percentage complete basis -less 10% retainage, monthly with final payment and release of retainage at the time said facilities are dedicated to the County (SC — 1.A of attached agreement). As shown in Exhibit - 13 of the attached Agreement, the County Share and Developer's share for installing the recommended improvements is tabulated below and included in the attached Developer's Agreement. is as follows: RFCOMMENDATIDN- The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Developer's agreement as presented & authorizes the Chairman to execute the same. Commissioner Tippin announced that he will abstain from voting as he has an interest in this property. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Tippin abstaining) approved the Developer's Agreement with Demetree-Indian River LLC and authorized the Chairman to execute same, as recommended by staff. FEBRUARY 19, 2002 CONFLICT OF INTEREST FORM FOR COMMISSIONER TIPPIN IS ON FILE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD -23- : r= � U-23- R, fl Descrt t� inn Water Distribution System Developer's Share $7,330.36 County's Share $52,864.16 Total Protect Cost $60,244.52 RFCOMMENDATIDN- The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Developer's agreement as presented & authorizes the Chairman to execute the same. Commissioner Tippin announced that he will abstain from voting as he has an interest in this property. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Tippin abstaining) approved the Developer's Agreement with Demetree-Indian River LLC and authorized the Chairman to execute same, as recommended by staff. FEBRUARY 19, 2002 CONFLICT OF INTEREST FORM FOR COMMISSIONER TIPPIN IS ON FILE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD -23- : r= � U-23- R, fl 9.A.1. PUBLIC HEARING - RESOLUTION 2002-013 PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 6' WIDE PORTION OF VIA MARBELLA BOULEVARD WITHIN THE GRAND HARBOR DEVELOPMENT AND RESERVING THE ENTIRE RIGHT-OF-WAY AS A DRAINAGE AND UTILITY EASEMENT PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed an undated Memorandum: TO: James E. Chandler County Administrator TMEI,T HEAD CONCURRENCE: Robert M. Keating, AICP Community Development irectoil THROUGH• Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP Senior Planner, Current Development SUBJECT: Grand Harbor LTD Request for Abandonment of a 6 Foot Wide Strip of Via Marbella Boulevard Right-of-way within Grand Harbor It is requested that the data herein presented be given foiuial consideration by the Board of County Commissioners at its regular date of February 5, 2002. DESCRIPTION AND CONDITIONS: Grand Harbor, LTD has submitted a petition to abandon a 6' wide strip of a segment of Via Marbella Boulevard located in the northern section of the Grand Harbor Development. The subject right-of-way segment is presently developed with a roadway and pedestrian path improvements. The applicant is proposing to abandon a narrow strip FEBRUARY 19, 2002 of right-of-way which measures approximately 6' x 560' and is located along the southeast side of a curved segment of Via Marbella Boulevard right-of-way. Because the subject right-of-way segment is wider than required or necessary, it is a candidate for narrowing through the requested partial abandonment. The reason for the proposed request is to enable the developer of the Sunset Cove Planned Development (PD) to meet its 25' PD perimeter setback requirement with a proposed design The Sunset Cove PD was approved by the Board on May 15, 2001 and provides for the constriction of 11 residential units. The approved Sunset Cove PD meets the 25' perimeter setback without the requested abandonment; however, the applicant is seeking the abandonment to provide greater flexibility and buildable area for two of the PD lots. ANALYSIS: The subject segment of Via Marbella Boulevard was created as a private local road by the River Club plat, which was approved in March of 1988. Through the county's right-of- way abandonment process, staff has coordinated with utility providers (who have rights within the platted right-of-way area) and has reviewed the request to ensure that applicable county development standards are satisfied. The subject right-of-way was platted at 72' wide, which is wider than the required 60' local road right-of-way width. The proposed abandonment of the 6' wide strip would reduce the right-of-way width to 66' which still exceeds the 60' local road minimum. Therefore, approving the request will not reduce the Via Marbella Boulevard right-of-way width below the minimum required width of 60'. Currently, there are improvements located within the subject 6' wide strip of right-of- way. These improvements include a portion of an 8' wide private cart path/pedestrian path along with underground utilities including telephone hnes. To ensure continued use of the utility improvements and the county's ability (without obligation) to perform drainage maintenance within the right-of-way, staff is recommending that, as a condition of abandonment, the entire 6' wide strip be retained as a drainage and utility easement. Because the pedestrian improvements will remain private, under the control of the Grand Harbor Property Owners Association, no public pedestrian easement is needed or proposed. The proposed resolution expressly reserves the area as a drainage and utility easement to ensure legal rights for necessary infrastructure improvements. Per guidelines established by the Board of County Commissioners, this petition was reviewed by all county divisions and utility providers having jurisdiction or potential interests within the right-of-way. All reviewing agencies and departments have recommended approval of the requested abandonment, with the condition that the entire 6' wide right-of-way area be reserved as a public drainage and utility easement. The subject right-of-way is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thoroughfare system. Furthermore, the abandonment would not affect the nght of convenient access to surrounding properties. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal foam and sufficiency. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners abandon its rights to the subject 6' wide strip of right-of-way and authorize the chairman to execute the attached abandonment resolution, with the following condition: That the entire 6' wide strip of subject right-of-way be retained as a drainage and utility easement. FEBRUARY 19, 2002 Planning Director Stan Boling explained that this is a private road with an oversized 72 -foot right-of-way. The standard right-of-way is 68 feet. The County will retain a 6 -foot drainage and utility easement. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 2002-013 providing for the closing, abandonment, vacation and discontinuance of a 6' wide portion of Via Marbella Boulevard within the Grand Harbor Development and reserving the entire right-of-way as a drainage and utility easement. RESOLUTION 2002-013 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 6' WIDE PORTION OF VIA MARBELLA BOULEVARD WITHIN THE GRAND HARBOR DEVELOPMENT AND RESERVING THE ENTIRE RIGHT-OF-WAY AS A DRAINAGE AND UTILITY EASEMENT, SAIDA LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on July 25, 2001, Indian River County received a duly executed and documented petition from GHA Grand Harbor, Ltd. of Florida, requesting that the County close, vacate, abandon, discontinue renounce and disclaim any right, title and interest of the County and the public in and to a portion 6' wide section of Via Marbella Boulevard as shown on the plat of the River Club subdivision, and recorded in Plat Book 12, Page 64-64E of the public records of Indian River County Florida , said lands lying to Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and FEBRUARY 19, 2002 WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the board finds that the subject right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA that 1. All right, title and interest of the County and the public in and to that certain right-of-way being known more particularly as. A parcel of land lying in Section 14, Township 32 South, Range 39 East, Indian River County, Florida, being more fully described as follows: Commencing at the Southeast corner of said Section 14, Township 32 South, Range 39 East; thence N53°48'21"W, a distance of 1,077.85 feet to the POINT OF BEGINNING; thence N80°03'51 "W, a distance of 6.00 feet to a point of non tangent curve, thence along said curve to the right, which bears S80°03'51"E having a delta of 38°32'44" a radius of 620.00 feet an arc length of 417.10 feet to a point of compound curve thence along a curve to the right having a delta of 30°15'29" a radius of 270.00 feet an arc length of 142.59 feet; thence S 11°15'38"E a distance of 6.00 feet to a point of non tangent curve; thence along a curve to the left, which radius bears S 11°15'38"E having a delta of 30°15'29" a radius of 264 00 feet an arc length of 139.42 feet to a point of compound curve; thence along a curve to the left having a delta of 38°32'44 ' a radius of 614.00 feet an arc length of 413.07 feet to the POINT OF BEGINNING. Containing 3,336.53 square feet or 0.08 acres, more or less. Subject to all easements, restrictions and reservations of record. Lying in Indian River County, Florida. is hereby forever closed, abandoned, vacated, except that a drainage and utility easement is expressly reserved over the entire right-of-way. (see Exhibit "A", attached) 2. The closing, vacation, abandonment, of this public right-of-way is in the best interests of the public. Notice of the adopting of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record BocUs of Indian River County without undue delay. The right-of-way shall revert to the adjacent property. FEBRUARY 19, 2002 The foregoing resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: Chairman Vice -Chairman Commissioner Commissioner Commissioner Ruth Stanbridge John W. Tippin Fran Adams Caroline D. Ginn Kenneth R. Macht Adams who moved G) nn , and upon being Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 19th day of February , 2002. ATTEST: Jeffrey K Barton County of Indian River Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: P1. ,d Ruth Stanbridge, Chdirman Board of County Commissioners I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared Ruth M. Stanbri dqe , and PATRICIA 'PJ" JONESs Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 19th day of February , A.D , 2002 APPROVED AS TO LEGAL SUFFICIENCY GteA William G. Collins, Deputy County Attorney Kimberly E Massung MY COMMISSION # CC855436 EXPIRES July 15, 2003 BONDED THRU TROY FAIN INSURANCE. INC APPROVED AS TO PLANNING MATTERS BY: / Robert M. Keating, C', Di r • ctor Community Development Di ision FEBRUARY 19, 2002 SKETCH OF EASEMENT DESCRIPTION FOR RIGHT-OF-WAY ABANDONMENT A -3075'29» ALONG VIA MARBELLA BOULEVARD R=270.00' L-142.59' NOTE: THE PORTION OF RIGHT—OF—WAY BEING DESCRIBED HEREIN IS TO BE UTILIZED AS AN UTILITY EASEMENT. PROPOSED SUNSET COVE SUB. 5 - GRAPHIC SCALE BEGINNING POINT OF COMMENCEMENT 491412.dwg cd #29 SKETCH OF EASEMENT DESCRIPTON PREPARED BY: MASTELLER, MOLER Sc REED, INC 2205 14TH AVENUE VERO BEACH, FLORIDA 32960 PHONE: (561) 564-8050 FAX: (561) 794-0647 SHEET 1 OF 2 ROD REED, PSM 3916 FEBRUARY 19, 2002 SKETCH OF EASEMENT DESCRIPTION FOR RIGHT-OF-WAY ABANDONMENT ALONG VIA MARBELLA BOULEVARD NOTE: THE PORTION OF RIGHT—CF—WAY BEING DESCRIBED HEREIN IS TO BE UTILIZED AS AN UTILITY EASEMENT. LEGAL DESCRIPTION: A parcel of land lying in Section 14, Township 32 South, Range 39 East, Indian River County, Florida, being more fully described os follows: Commencing at the Southeast corner of said Section 14, Township 32 South, Range 39 East; thence N53'48'21"W, a distance of 1,077.85 feet to the POINT OF BEGINNING; thence N801)3'51"W, o distance of 6.00 feet to a point of non tongent curve; thence along said curve to the right, which radius bears 580'03151"E having o delta of 38'32'44" a rodius of 620.00 feet on orc length of 417.10 feet to a point of compound curve; thence along o curve to the right having a delta of 3015'29" a radius of 270.00 feet an orc length of 142.59 feet ; thence S1115'38"E, a distance of 6.00 feet to a point of non tangent curve; thence along o curve to the left, which radius bears S111538"E having a delta of 3015'29" a radius of 264.00 feet on orc length of 139.42 feet to a point of compound curve; thence along a curve to the left having a delta of 38'32'44" a rodius of 614.00 feet an arc length of 413.07 feet to the POINT OF BEGINNING. Containing 3,336.53 square feet or 0.08 acres, more or less. Subject to all easements, restrictions and reservations of record. SKETCH OF EASEMENT DESCRIPTION PREPARED BY: MASTELLER, MOLER & REED, INC. 2205 14TH AVENUE VERO BEACH, FLORIDA 32960 PHONE: (561) 564-8050 FAX: (561) 794-0647 SHEET 2 OF 2 ROD REED, PSM 3916 FEBRUARY 19, 2002 9.A.2. PUBLIC HEARING - CHANNING CORPORATION (KENNEDY GROVES, INC.) OLD ORCHID PD PROJECT - REQUEST TO MODIFY CERTAIN APPROVED CONCEPTUAL PD PLAN SETBACKS (FRONT YARD SETBACKS ALONG THE EAST SIDE OF THE PROJECT) 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 February 11, 2002: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: Aalif 4 �, 9 Robert M. ating, MCP Community Development Direct ,.d. 4' THRU: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP WVW1 Senior Planner, Current Development DATE: February 11, 2002 SUBJECT: Channing Corporation's Request to Modify Certain Approved Conceptual PD Plan Setbacks for a Portion of the Old Orchid PD Project It is requested that the data herein presented be given fouual consideration by the Board of County Commissioners at its regular meeting of Febniary 19, 2002. DESCRIPTION AND CONDITIONS: Knight, McGuire and Associates, Inc. has submitted an application on behalf of Channing, Inc. to modify the approved conceptual PD plan setbacks for a portion of the Old Orchid PD project. The development is located at the northeast corner of Jungle Trail and C.R. 510. At its regular meeting of May 5`h, 1998, the Board of County Commissioners granted conceptual PD plan approval for Old Orchid. That plan approved 136 residential units on 37.84 acres FEBRUARY 19, 2002 resulting in a density of 3.59 units per acre. Subsequently, portions of the project were constructed, platted, and many homes have been built. The subject modification request involves a reduction in certain internal setbacks only. No increase in the number of lots or density is proposed, and no changes to any approved project parameters, layout, or conditions are proposed with the exception of these certain setbacks. For reference purposes, the May 5th, 1998 staff report for the Old Orchid project is attached (attachment #3). That report accurately represents all aspects of the approved project. As approved, the PD plan requires 20' front yard setbacks for Lots along the project site's east perimeter (see attachment #3). The applicant is now requesting that the required front yard setbacks for lots along the east penmeter be reduced from 20' to 10'. Those setbacks are internal only, and apply to yards that front internal streets. Pursuant to PD ordinance section 915.26, a setback, which was approved as part of a conceptual PD plan may be reduced only through approval of a modified conceptual plan. Since this type of conceptual PD plan modification requires special exception approval through the public hearing process, this request requires special exception approval. PLANNING AND ZONING COMNIISSION ACTION: At its regular meeting of October 25, 2001, the Planning and Zoning Commission voted unanimously (5-0) to recommend approval of the modified conceptual plan. ANALYSIS: To change the project's approved setbacks, the applicant must modify the currently approved conceptual PD plan. Because no design changes are involved in the request, no project design plan revisions are needed. Consequently, the project s existing preliminary PD plan and land development penult will remain in force, unchanged. Thus, only the conceptual PD plan requires modification. The following table compares parameters of the RS -6 district, the approved PD plan, and the proposed PD plan setback change (which is indicated by shading): APPROVED PD DISTRICT RS -6 DISTRICT Same as RS -6, with guest cottage allowed as permitted, by 97L41(4) Single family detached, accessory dwelling units, places of worship, etc. as listed in section 911.07. Density 3.60 units/acre (net) up to 6 units/acre Maximum bldg. coverage Maximum impervious per lot FEBRUARY 19, 2002 FEBRUARY 19, 2002 Minimum open space: Per lot Overall site 20%' 40% 40% 40% Maximum bldg. height 35' 35' Minimum lot size Internal lots 5,700 sq. ft.; 7,000 sq. ft. East perimeter 7,920 sq ft.; West perimeter 7,000 sq. ft. Building setbacks: Front: !' 10' along east perimeter 20' 10' (all other lots) Side: 10' along east perimeter 10' 8' (all other lots)t Rear: 25'-30' on all perimeters, 10' internal lots 20' Pools: Front: 24- 10' (east perimeter) 5' (all other lots) 20' Side: 10' (east penmeter) 2' (all other lots) 10' Rear: 7' (internal) 10' 10' (north, east, south perimeters) 25'-30' (Jungle Trail/west perimeter)2 Decks & Patios: Front: !' (east perimeter) 20' 5' (all other lots) Side: 10' (east penmeter) 10' 2' (all other lots) Rear: 7' (internal) 10' 10' (north, east, south perimeters) 25'-30' (Jungle Trail/west perimeter) FEBRUARY 19, 2002 'The side yard setback will range from 0' to 8', with all buildings being separated by a minimum of 8', except along east perimeter where RS -6 setbacks apply 'No building, pool, patio or deck can be located within the 30' Jungle Trail Buffer or within 25' of the west perimeter; whichever distance is greater. 'Open space will be guaranteed through the setbacks on each individual lot and the overall controls on the conceptual PD plan. General Note: Roof overhangs can encroach in privately dedicated easements, no other structures shall be allowed to encroach in easements of any type. General Note: For lots with more than one front yard; a 6' fence can be placed in one of the front yards to provide privacy for rear yard amenities. General Note: Roof overhangs are allowed to encroach 3' onto the adjacent property. General Note: The developer is requesting a 40' wide private right of way for the local road within the development. In addition to the 40' wide right of way, there will be an 8' utility easement on both sides of the right of way to form a 56' wide roadway and utility corridor. The approved conceptual PD plan requires a 10' wide Type "C" buffer along the project's east property line adjacent to Oceanaire Heights and Spring Place subdivisions. All of the lots along the east perimeter meet the RS -6 size and dimensional criteria (70' width, 7000 sq. ft.), which provides a measure of compatibility for the lot owners in Oceanaire Heights and Spring Place. Presently, the setbacks for the Old Orchid lots along the east perimeter are 20' front yard, 10' side yards, and 25' rear yard with pools allowed to be within 10' of the rear property line These setbacks are generally consistent with the RS -6 zoning district, except that the rear yard is actually increased from 20' to 25'. From a compatibility viewpoint, the Old Orchid east perimeter lot sizes are consistent with the zoning of the adjacent property; the side yard setbacks are the same as the adjacent property; there is a greater rear yard setback (20' vs. 25'), and a Type "C" buffer is provided pursuant to the compatibility matrix in section 915.16. Therefore, staff believes the request is compatible with the adjacent single family homes to the east. The applicant's request is that the intemal front yard setback be reduced from 20' to 10' for the lots along the east perimeter. This change in the building envelope configuration is needed to accommodate longer homes that the developer has built elsewhere in the development and wishes to build on the east perimeter Lots. Staff has no objection to the internal front yard setback being reduced from 20' to 10', as requested. Since the front yards are internal to the development, the difference in the setbacks would not impact properties adjacent to Old Orchid. The change would make the front yard setbacks for the east perimeter lots consistent with the front yard setback for all other lots within Old Orchid. Such consistency is desirable for the developer and will not adversely impact adjacent properties. FEBRUARY 19, 2002 -34- RECOMMENDATION Based on the analysis, staff recommends that the Board of County Commissioners grant approval to modify the front yard setback for the lots along the east perimeter, as requested. ATTACHMENTS 1. Application 2. Location Map 3. BCC Staff Report of 5/05/98 4. Conceptual plan with lot study 5. Approved P&ZC Minutes Planning Director Stan Boling reviewed the memorandum and noted that no external setbacks or buffers will be changed, only the internal setbacks. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, the Chairman closed the public hearing. Commissioner Ginn expressed her dislike of what is happening in the County with PDs and stated she could not support this action. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board, by a 4-1 vote (Commissioner Ginn opposed) approved the modification of the front yard setback from 20' to 10' for the lots along the east perimeter, as requested, as recommended by staff. FEBRUARY 19, 2002 9.B.1. PUBLIC DISCUSSION ITEMS - MARK GROSSMAN - VERO LAKE ESTATES PROPERTY OWNERS ASSOCIATION, INC. RE: VERO LAKE ESTATES DRAINAGE PROJECT The Board reviewed a letter of February 12, 2002: Vero Lake Estates Property Owners Assoc. Inc. Mark Grossman, President 9960 86th Street, Vero Beach, FL 32967 561-589-6043 — markgrossman9960(@,,yahoo.com February 12, 2002 Mr. James Chandler Indian River County Administrator 1840 25th Street Vero Beach, FL 32960 Dear Mr. Chandler: I am requesting an opportunity to address the Indian River County Commission at its meeting February 19, 2002. I will speak as an individual homeowner in the Vero Lake Estates subdivision and I may speak officially as the President of the Vero Lake Estates Property Owners Assoc. if I am empowered to do so by a vote of the VLEPOA general membership February 18, 2002. My topic will be homeowners concerns regarding the VT E Drainage Project being carried out by the Indian River County Department of Public Works, its funding and the projects negative impact on the neighborhood. Documents I will reference include: 1. The Vero Lake Estates MSTU Ordinance, November 21, 1984 2. Minutes of Indian River County Commission meeting, November 21, 1984 3. Vero Lake Estates Preliminary Drainage Study, 1988, revised 1990 4. Vero Lake Estates Master Drainage Pian, 1992 5. Application for Florida Dept of Environmental Protection 319(H) Nonpoint Source Management Program Grant, July 6, 1999 6. Vero Lake Estates Drainage Project budget documents 7. Vero Lake Estates MSTU account documents FEBRUARY 19, 2002 Mark Grossman, 9960 86`h Street, speaking as an individual homeowner and as President of the Vero Lake Estates Property Owners Association, expressed concerns regarding the Vero Lake Estates MSTU and drainage project. He gave a brief history of the MSTU, the drainage project and the MSTU Advisory Committee. He asked the Board to consider reactivating the Advisory Committee and felt that much of the residents' surprise and alarm at the scope of the project could have been avoided had the Advisory Committee still been in place. He also mentioned the County's responsibility for keeping the canals ditches cleaned. Mr Grossman continued that his home and several others face on 86th Street which will now be a canal. This will have an extreme impact on the value and desirability of these homes. He was not sure what could be done but hoped there is a possibility that this canal could be moved to 85th Street which does not have any homes fronting it. Mr. Grossman then expressed concerns about the funding responsibilities of the MSTU which he believed is now about $250,000 on top of the $50,000 to $60,000 already spent. Public Works Director Jim Davis presented the following POWERPOINTTM presentation: FEBRUARY 19, 2002', ;.' VERO LAKE ESTATES. THROUGHOLQ PROJECT AfEA RCP Ads Ott cet east/west meed SENT OLE HO Map G Proposed Drainage System Belndort and Associates €11r, r or.....r..r A.—low Introduction On August 23, 1982, The Indian River County Public Works Dept. recommended establishment of an MSTU for drainage and road improvements fo Vero Lakes Estates Subdivision -54 residents attended initial meeting Nov. 8, 1982 -James Davis, IRC PW Director recommended to VLEPOA President Charles Seifert establishing a Drainage and road committee 2119/2002 MSTU established 1984 MSTU Advisory Committee members participated in selecting Engineering Consultant for Drainage Study in 1986 July 29, 1987 -Public Notice advertised in VBPJ inviting all property owners to submit letters of interest to be. appointed to MSTU Advisory Committee August 18, 1988 -Preliminary Drainage Study reviewed by MSTU Committee --Report included new canals needed along 80th St. and 86th St. west of 95th Ave. Nov. 16, 1988 VLE News stated "additional and larger 2,19ao0canals will be dug. BCC approved study FEBRUARY 19, 2002 fi • AA - Sept 1990. Final Study showing plan and cross-section views of canals approved 1993 Grant Funding of $685,000 received 2001 Meetings of VLEPOA held 8/13/01, 9/17/01, and 11/19/01 attended by Public Works Director James Davis to show plans of project, give overview, and ask questions. Project bids received in December, 2001 Jan. 17 and 29, 2002- meetings held with property owners during construction 2/19/2002 • MASTER DRAINAGE PLAN ENGINEERING REPORT FOR VERO LAKE ESTATES SUBDIVISION Prepared for The Board of County Commissioners of Indian River County and The Vero Lake Estates Area Municipal Service Taxing Unit Advisory Committee Prepared by KimleyHorn and Associates, Inc. Vero Beach, Florida November 1992 2/19/2002 5 Director Davis explained that he had attended numerous meetings to explain the project. The $60,000 annual income from the MSTU was used for road paving and the 86' Street and 80" Street canals were identified as being needed as far back as 1988. The groundwater table in Vero Lake Estates is very high. There are some actions which could be taken to alleviate the impact of the canals, such as extending some culverts which would add about $75 per foot to construction costs. The driveways into the north -south streets can also be culverted. He met with the property owners on January 29" in an effort to find ways to reduce the impact but it would be very difficult to move the canal to 85" Street as this would change the hydraulics of the whole system. Vero Lake Estates has grown rapidly since the master planning began in the 1980s and the subdivision now has 800 to 900 homes. The County does the best it can to maintain the ditches but it is very difficult to maintain some of the older ditches because of their vertical slopes. The new ditches are being designed so that they will be much easier to maintain. Most of the MSTU revenue has been spent on road paving and very little has been devoted to the stormwater management. Education of the residents will be undertaken by the County Extension Agent who is currently organizing that and will announce meetings very shortly. FEBRUARY 19, 2002 -39- AAAX Commissioner Adams believed the real gist of the problem has been the incredible growth in Vero Lake Estates and the fact that the stormwater management has been a very slow growing project. She suggested that perhaps flyers on residents' doors could help and asked Director Davis to investigate other actions that could be taken. Chairman Stanbridge offered to work with Director Davis and the homeowners and noted that we would have had water in the homes in that area without grant funding for the stormwater improvements. Director Davis noted that many homeowners have left the area but the Advisory Committee did meet 3 or 4 times a year to develop the master plan and copies were given to everyone who was interested. He does always make himself available to residents who have concerns. NO ACTION REQUIRED OR TAKEN Chairman Stanbridge called for a break at 10:18 a.m. and the meeting reconvened at 10:22 a.m. with the same persons present. 9.B.2. PUBLIC DISCUSSION ITEMS - CHRIS KIRRIE - RE: ACCESS TO SEMBLER PROPERTY The Board reviewed a letter of February 15, 2002: FEBRUARY 19, 2002 BR -40- cess r0 p : y Ute'. Ali offers, presentations and proposals, prior to this date are no longer available and are not to be considered. KirriL' Owns the 60' strip between .lots 20 & 29 ((#1)M3) and has had it surveyed This is not a part of either lot 20 or 29, but is a Gap in Plat! This strip runs between the 130th Street ROW and the Sernbler tract, and is presently Kirrie's second access to the Sernbler tract. It is approximately 1380' south of the gate on 130th St. ROkk'. she new access, based upon Board of County Commissioners motion of January 29, 2002, is 870' or less from the gate on 130`h St. ROPV, thus reducing the distance to be traveled into the :ANCA.. Implement the trade cts follows: C.N. Kirrie will trade 1 acre from the southerly end of the Sernbler Tract03) M), Lots 27 & 28, AA Berry Subdivision in the Fleming Grant, for a strip ofland((2)M3) 60' wide to access the Sernbler Tract Lots 16, 27 & 28 of the AA_ Bern' Subdivision in the Fleming Grant. The 60' strip will abut the 130'1' Street (Gibson Street) right-of-way and cross Lot 20 oldie AA Berry Subdivision at the most practical and least intrusive location on the Northerly end of said Lot 20, to contact Lot 28 of the Sernbler Tract. It is suggested that the trade to Indian River Country', be taken as cc strip from the southerly ends of Lots 27 & 28 ((3)M3), in that the land is already clear and would provide the cleared buffer strip required by the Management Plan for the North Sebastian Conservation Ared(1\ S.0 .A.) 1/29/98, page 6. FEBRUARY 19, 2002 Trade approximately ;% acre((#3)M3), for % acre ((#2)M3'. Kirrie will quit claim ((41413) to Indian River County for the purpose of mitigation as needed. See Attachment ((113)113) Kirrie will provide engineering and will construct 130`x' Street to the new access at ((#2)*13). Indian River County will: In conjunction with the City of Sebastian, process the modification of the HCP and ITP plans and permits. Re: letter of Aug. 24, 2000 City of Sebastian indicates the need for modifications to the ITP, cc Mike Jennings, Roland Deblois, Ruth Stanbridge, Fran Adams, due to outparcels in conserve area and airport issues. The construction of the road, on the approximately 870' of 130th Street right -of -wary, will be done by Mr. Kirrie, modification of the I.T.P./H C. P. will be a joint effort between Indian River County and the City of Sebastian. Any private entities or groups (other than recognized conservation groups) using the Kirrie constructed portion of 130th Street, shall reimburse Mr. Kirrie through the county on a fair share based on the final cost of construction. lr. Kirrie will fence that portion of 130th Street and the new access ((2)M3) from the gate south at such a time as the rest of the IVSCA is fenced Mr. Kirrie will connect to sewer & water at the time it comes to the 129th Street boundary of the Sembler tract. Mr. Kirrie will contribute $2,500.00 to help offset the costs ofITP/HCP permit modifications. The City of Sebastian and Indian River County, I believe, are going to have to amend the above mentioned permits, due to FAA restrictions, Re: ITP/HCP at the Sebastian airport. Since the above dation will be ongoing, the minor portion (130th Street access) of the modification can be incorporated at a cost, less than that of a separate action. FEBRUARY 19, 2002 c i -42- Chairman Stanbridge asked Mr. Kirrie to please be brief and questioned whether Mr Kirrie has brought a new proposal to the Board. C. N. Kirrie responded that this is a new proposal, and Chairman Stanbridge acknowledged that this will negate the old proposal which Mr. Kirrie submitted several weeks ago. Mr. Kirrie stated that staff has not come forward with any solutions in a year and a half, and Chairman Stanbridge emphasized that the other proposal had only been submitted 2 weeks ago. Mr. Kirrie acknowledged that his approach is the proposal presented today which proposes to make 130th Street his second access. He stated that a motion to accept 129' Street as his primary access would relieve the County of any impacts on the North Sebastian Conservation Area (N SCA) and acknowledged that no action taken by the Board would make everyone happy. Chairman Stanbridge acknowledged that this is a new proposal which contains language stating that: "all offers, presentations or proposals prior to this date are no longer available and are not to be considered". She noted that the Board will now submit this new proposal to staff for their review and thanked Mr Kirrie. NO ACTION REQUIRED OR TAKEN. FEBRUARY 19, 2002 -44- 11.A. CHESTNUT CONTRACTORS TRADES FACILITY SITE PLAN - KEN CHESTNUT (ATTORNEY BRUCE BARKETT) - APPEAL OF ROAD PAVING CONDITION 12TH AVENUE SW AND 8TH STREET SW The Board reviewed a Memorandum of February 12, 2002: TO: James E. Chandler County Administrator TMEINT HEAD CONCURRENCE: obert M. Keating, AICP Community Development Iirecto r FROM: Stan Boling AICP Planning Director DATE: February 12, 2002 SUBJECT: Bruce Barkett's Appeal of a Road Paving Condition of the Chesnut Contractors Trades Facility Site Plan (SP -MA -01-11-78) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of Febniary 19, 2002. BACKGROUND: Mr. Ken Chesnut, through his agent Randy Mosby, P.E., applied for and obtained conditional major site plan approval to construct a 3,500 square foot contractors trades facility on a 0.35 acre site located at the southeast comer of 12th Avenue S.W. and 8th Street S.W. While neither 8`h Street S.W. nor 12th Avenue S.W. are paved, the site plan proposes access to the site via 12th Avenue S.W. Throughout the review and approval process, staff applied the road paving/escrowing requirements of LDR section 952.09(5) and coordinated with the county attomey's office regarding which requirements can be applied. The section 952.09(5) requirements call for Mr. Chesnut to escrow his fairshare for the future paving of 8`h Street S.W. and require that 12th Avenue S.W. be paved from Oslo Road (the nearest paved road) to Chesnut's proposed project driveway prior to issuance of a certificate of occupancy (C.O.) for the project. Under the LDRs, Mr. Chesnut has several options for having 12th Avenue S W paved. Among these options is having the road paved through the county's paving assessment process, a process FEBRUARY 19, 2002 which Mr. Chesnut has already initiated. On December 4, 2001, the Board of County Commissioners authorized Public Works to perform surveying, design, and cost -estimating work, and schedule an assessment hearing. The hearing has not yet been scheduled. During staffs review of the subject major site plan application, it was the opinion of the county attorney's office that the county could not properly require Mr. Chesnut to escrow for the future paving of 8th Street S.W. since he does not propose to access that street. It was, however, determined that the paving requirement could be applied to 12th Avenue S.W. since the project will access from that road. Subsequently, staff granted major site plan approval with a condition that prior to issuance of a C.O. for the project, 12th Avenue S.W. must be paved from Oslo Road to the project's proposed 12th Avenue S.W. driveways. Attorney Bruce Barkett, on behalf of Mr. Chesnut, has now filed an appeal of the site plan condition that 12th Avenue S.W. be paved prior to issuance of a C.O. for the subject project. Instead of the paving condition, Attorney Barkett proposes that Mr. Chesnut escrow his fairshare for the future paving of 12th Avenue S.W. without any road paving being required prior to project C.O. The Board is now to consider Attorney Barkett's appeal. ANALYSIS: • Basis for the Appeal Attorney Barkett asserts that the requirement of LDR section 952.09(5)(c)5, as applied to the Chesnut project, is unconstitutional in light of the U.S. Supreme Court decision in the case of Dolan v. City of Tigard. Staff and Attorney Barkett agree that the subject appeal is a matter for the Board to decide. - • Current Road Paving/Escrowing Standards LDR section 952.09 sets forth requirements for paving and escrowing for the future paving of roads that access and abut development projects. Such requirements are important, especially in the unincorporated area of the county where unpaved roads are still fairly common in areas where new developments are allowed and proposed. These requirements do not apply to single- family homes or minor site plan projects, but do apply to subdivisions, planned developments (PDs), and major site plan projects like Mr. Chesnut's. Under section 952.09(5), proposed projects are classified either as "small traffic attractors/generators" (less than 100 average daily trips) or "large traffic attractors/generators" (100 or more average during trips). For "large traffic" projects, the current standards require that the road accessing the project "...be paved from the project's access point(s) to a paved public road". Those standards also require that developers of large traffic projects escrov. their fairshare for the future paving of abutting unpaved roads that are not proposed for direct access. The standards for "small traffic" projects are not as stringent. Those standards generally require only fairshare escrowing for access and abutting unpaved roads. There is, however, one "cumulative effect" provision, which applies to small traffic projects that access an unpaved road that currently exceeds 200 daily trips or will exceed 200 daily trips with the addition of the project's traffic. Where such conditions exist, the developer of the small traffic project is required to pave the access road or have the access road paved prior to issuance of a C.O. for the project. This cumulative effect provision is found in LDR section 952.09(5)(c)5 and is the FEBRUARY 19, 2002 -46- • subject of Attorney Barkett's appeal. The road paving and escrowing requirements have two essential objectives: to ensure that projects with larger traffic attraction/generation characteristics have paved access and to ensure that fairshare contributions are made for the eventual paving of roads in areas where development is allowed but roadways are currently sub -standard. These standards have been in effect since the mid -1980's and have not been revisited since 1990. As structured, these regulations appear to be constitutional. Mr. Barkett's appeal, however, alleges that these regulations are unconstitutional "as applied" • Appeal Issues Since 1990, court decisions have changed the way that certain types of regulatory "exactions" can be applied to development approvals. The previously cited Dolan v. City of Tigard 1994 U.S. Supreme Court case is one such case, and the application of that decision is still being played out across the country. That court decision requires that governmental exactions applied to a project be "roughly proportional" to the project's impacts. In this case, the "roughly proportional" issue will be adequately addressed if the assessment project is approved; however, there is no guarantee of assessment project approval. Also, there is a timing problem since Mr. Chesnut cannot control the Length of time involved in completing the assessment process and paving. In analyzing the Barkett appeal, staff considered several issues. First, there is an issue as to whether a paving condition constitutes an exaction subject to the rough proportionality rule. Second, there is an issue of what items of proportionality must be considered if it is deteinrined that the Dolan test applies. Regarding the first issue, there is no Florida caselaw that resolves that question. Generally, exactions have been defined as required land dedications or other property takings, but not off- site development requirements. While Oregon courts have determined that off-site improvements required as a condition of development approval constitute exactions and are subject to the Dolan test, no Florida case has resolved that issue. For purposes of this analysis, the assumption can be made that the paving requirement does constitute an exaction and is subject to the Dolan test. Application of the Dolan test in this case involves deteiiiiining whether the exaction (cost of the paving) is roughly proportional to the project s impacts. Those impacts could be measured by vehicle trips attracted to the site or front footage of the property. The proportionality measurement would then be the percentage of the improvement cost that would be incurred by the developer to meet the condition compared to the percentage of the development's impact on the roadway which is the subject of the condition. With Chesnut, the worst case manner in which the condition could be met would be by Chesnut paving 12`h Avenue S.W. at his expense from Oslo Road to his access point (Alternatively, Chesnut could get the road paved through an assessment project, either forced or voluntary, or through a non -assessment paving project undertaken with other property owners on 12`h Avenue S.W. These alternatives would result in Chesnut paying his proportionate share or less for the FEBRUARY 19, 2002 -47- 1 66 • paving.) If Chesnut paved the road as an assessment project with the county paying 25% of the cost (as it does on all assessment projects) but with no other property owners being assessed, Chesnut would pay 75% of the improvement cost but represent only 16% of the front footage impact (180' of frontage on 1,100' of paving project frontage). With an approved assessment project, Chesnut will pay only 12% of the cost although he has 16% of the impact on a frontage basis Therefore, although Mr Chesnut may eventually pay only 12% of the project cost for 16% of the project frontage, he might also eventually pay 75%-100% if the assessment project is not approved and the County decides not to share in the costs. Because the site plan approval condition based upon 952.09(5)(c)5 as applied to the Chesnut project does not meet the "rough proportionality' test, it should be considered unconstitutional as applied. To make the site plan approval action constitutional the Board should delete the road paving condition and replace it with the condition proposed by Attomey Barkett. That condition is as follows: "Prior to issuance of a C.O., the applicant shall pay his fairshare for the paving of 12`h Street S.W.". Such a condition satisfies the "roughly proportional test" and eliminates potential timing problems. In addition, the Board should suspend application of LDR section 952.09(5)(c)5 and direct staff to initiate an LDR amendment to bring LDR section 952.09 into confoiniance with current case law. RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1. Delete the site plan approval LDR section 952.09(5)(c)5 road paving condition applied to the Chesnut site plan 2. Attach the following replacement approval condition to the Chesnut site plan project: "Prior to issuance of a C.O. for the project the developer shall pay his fairshare for the paving of 12th Avenue S.W." 3. Direct staff and the Attorney's Office to initiate amendments to the road paving and escrowing requirements of LDR section 952.09 to bring such regulations into conformance with current case law. ATTACHMENTS: 1. Chesnut Location Map and Site Plan 2. Approval Conditions 3. Barkett Request 4. LDR Section 952.09 5. Paving Assessment Agenda Item FEBRUARY 19, 2002 Planning Director Stan Boling reviewed the memorandum and explained that, as the LDRs now read, paving costs assessed to Mr. Chestnut would not be proportional to the impact of this project. Bruce Barkett, Attorney for owner, noted that case law says that when an application is submitted, conditions have to relate to the impact of the project. The current ordinance would require Mr. Chestnut to pave all the way from his project down 12' Avenue to Oslo Road. Director Boling stated that the reasoning behind the requirement is good but case law states that the cost to the develop must bear a relationship to his particular project. In this instance, Mr Chestnut's project will not have an impact equal to the requirement to pave all of 12th Avenue to Oslo Road. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously deleted the site plan approval LDR Section 952.09(5)(c)5 road paving condition applied to the Chestnut site plan; attached the following replacement approval condition to the Chestnut site plan project: "Prior to issuance of a Certificate of Occupancy for the project, the developer shall pay his fairshare for the paving of 12`" Avenue SW"; and directed staff and the County Attorney's Office to FEBRUARY 19, 2002 -50- r initiate amendments to the road paving and escrowing requirements of LDR Section 952.09 to bring such regulations into conformance with current case law; all as recommended by staff. 11.B. EMR TECHNOLOGIES D/B/A REPLAY SYSTEMS, INC. SERVICE AGREEMENTS FOR E911 PUBLIC SAFETY ANSWERING POINT (PSAP) RACAL WORDNET LOGGING RECORDERS - SOLE SOURCE BASIS - INDIAN RIVER COUNTY SHERIFF AND CITY OF VERO BEACH POLICE DEPARTMENT The Board reviewed a Memorandum of February 7, 2002: TO: Honorable Board of County Commissioners THROUGH: James E. Chandler, County Administrator FROM: John King, Director Department of Emer DATE: February 7, 2002 .4 y ervices SUBJECT: Approval of Service Agreements for E911 Public Safety Answering Point (PSAP) Logging Recorders on a Sole Source Basis from Replay Systems Inc. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at its regular meeting of February 19, 2002 DESCRIPTION AND CONDITIONS: • In February 2001, the Board approved the purchase of a Racal Wordnet logging recorder from 911 Surcharge Funds to replace the unreliable logging recorder in the Vero Beach Police Department (VBPD) E-911 Public Safety Answering Point (PSAP). The logging recorder is used to record all incoming and outgoing telephone calls, and it also records the radio transmissions of the public safety officers The manufacturer's one-year warranty is expiring and EMR Technologies d/b/a Replay Systems is the Sole Source service provider for Racal equipment in Florida. FEBRUARY 19, 2002 bowl 70 -51- The Indian River County Sheriff's Office (IRCSO) PSAP also utilizes a Racal Wordnet logging recorder and this annual service ragreement tis theso Sddueffs for renewOfficalrecords addition to the telephone lines, the logging one- aw year Fire Department, and EMS radio transmissions. Staff is requesting year service agreements with Replay Systems for each PSAP's logging recorder. The VBPD has a Racal Wordnet Series II twenty-four (24) channel logging, and the cost e fof or annual)channelce loggng recordreement is e3,414. r, and the cost of this has annualCAL serv\icerdnet P2 agreementty- s four (64) 99 $5,231.20. No other vendors are qualified or certified to provide maintenance to this equipment. RECOMMENDATION: Staff recommends the Board approve the two (2) $8,645.20. This was a planned expenditure and Communications Center Account for this budget y ON MOTION by Commissioner 11.C. service agreements at a total cost of funds were budgeted in the 120-133 ear. Adams, SECONDED by Commissioner Macht, the Board unanimously approved the Service Agreements on a sole source basis with EMR Technologies d/b/a Replay Systems, Inc. forE911 PSAP Racal Wordnet Logging Recorders at a total cost of $8,645.20 for the Indian River County Sheriffs Department and the City of Vero Beach Police Department; as recommended by staff. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MAIN LIBRARY RENOVATIONS - BILL BRYANT & ASSOCIATES - CHANGE ORDER #11 The Board reviewed a Memorandum of February 15, 2002: FEBRUARY 19, 2002 DX nre 71 -52- • • Date: February 15, 2002 To: The Honorable Board of County Commissioners Thru: James E. Chandler, County Administrator From. Thomas W. Frame, General Services Director tj Subject: Emergency Approval for Change Order at Main Library BACKGROUND: This request for an emergency approval is due to time. Because the Board of County Commissioners will not have a meeting on February 26, 2002, and due to the need to keep the progress on the Main Library Expansion moving forward preventing any unnecessary delays on part of the county, it is necessary to request that this item be added to the February 21, 2002 agenda. The Board may recall that an approval for a change order for the architectural fiiw of Dow - Howell -Gilmore -Associates, Inc was granted on January 15, 2002. That change order was for a redesign of the restrooms at the Main Library. It was initially hoped that we could preserve the existing restrooms without replacing them. That unfortunately has proved fruitless. The restrooms need to be removed and as such rebuilt The redesign and reconstruction will result in new facilities that will also be completely ADA compliant. The estimated cost on these restrooms is $36,987. These are the figures submitted by Bill Bryant & Associates with review of our architect. The architect will review the proposal and there may revisions. If any occur, they will reduce the price of the proposal. Staff is seeking the Board's approval of this proposal for reconstruction of the restrooms at a price not to exceed $36,987. If approved and when submitted on a more formal change order request, staff will submit the change for the Board's review and final approval. RECOMMENDATION: Agree to add this item to the agenda of the February 19, 2002 agenda; authorize the contractor to proceed with the reconstruction of the restrooms at a price not to exceed $36,987, and that the staff be directed to bring the formal change order back to the Board after review by the supervising architect along with any revised deductions . ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously authorized the contractor to proceed with the reconstruction of the restrooms at a price not to exceed $36,987 and directed staff to bring the formal change order back to the Board after review by the supervising architect along with any revised deductions, as recommended by staff. CHANGE ORDER WILL BE BROUGHT BACK TO THE BOARD FOR APPROVAL • FEBRUARY 19, 2002 PM -53- 11.E. FUNDING POLICY FOR OUTSIDE AGENCIES (STATE, NONPROFIT, CHILDREN'S SERVICES, QUASI - NONPROFIT, AND TOURIST DEVELOPMENT) The Board reviewed a Memorandum of February 12, 2002: TO: Members of the Board of County Commissioners THROUGH: Joseph A. Baird Assistant County Administrator FROM: Jason E. Brown Budget Manager DATE: February 12, 2002 1 SUBJECT: Comprehensive Policy for Funding Outside Agencies Description and Conditions "Outside Agencies" are entities which perform a particular socioeconomic service for Indian River County but are themselves not under the direct control of County government These agencies fall under the categories of State, Nonprofit, Children's Services, Quasi -nonprofit, and Tourist Development. During the FY 2001/2002 Budget Workshops on July 11-12, 2001, the Board of County Commissioners charged this department with the responsibility of drafting a written policy for appropriating County funds to outside agencies in some consistent and equitable manner. Attached is a comprehensive policy developed by staff in accordance with this direction. Discussion The "Outside Agency Funding Policy" has two purposes: A. To provide a set of defined procedures to outside agencies who wish to be considered for funding in a particular budget year; as well as the agency's fiscal responsibilities upon approval of such funding. B. To provide an expedient decision making tool for the Commission and staff when considering a particular agency's request for funding. In order to achieve fairness and consistency when considering funding requests, this policy sets certain uniform financial and time parameters, which can be referred to by the Board. Such parameters include: 1. A maximum allocation of funds to all nonprofit agencies within a particular fiscal year; such allocation to be considered a 'ceiling' for the entire group. 2. Final date for application of funding in a particular budget year. FEBRUARY 19, 2002 alork -54- • 3. Amount and term of funding for individual nonprofit agencies: a. Agencies to consider funding from the County as 'start-up assistance' only, not a permanent source of revenue. b. Agencies to be funded for a maximum of three four consecutive years, then ineligible for three consecutive y ars county funding. 4. Agencies would be required to submit audited financial statements upon receipt of $25,000 or more from the County, with a qualified opinion being sufficient grounds by the Board to discontinue funding immediately upon receipt of such opinion. 5. Certain expenditures will not be reimbursed by the County. 6. Flonda Statutes, local ordinances, grant requirements and contractual agreements would take precedence over funding parameters. Staff Recommendation County government serves at the will of the citizens of Indian River County and is responsible for using the taxes collected for its operation wisely. Just as we have a set of strong accountability procedures in place to support the funding of our County departments through these very taxes, so should we have a set of strong procedures for handling funding requests from outside entities. It is important that such requests be handled with special scrutiny since these entities are outside of direct County control. With that in mind, this policy gives the Board a detailed, impartial, legal and financial "checklist" by which to examine these entities' request at the outset, before any socio-economic considerations. Further, agencies will understand that failure by them to adhere to the application and reporting requirements outlined in this policy could result in potential denial of their request before it even reaches the workshop stage (or, if already receiving funds from the County - potential cutoff of that support). For the reasons stated above, Staff recommends that the Board of County Commissioners approve the attached policy for funding outside agencies. Attachments Outside Agency Funding Policy Attachments A, B and C Assistant County Administrator Joe Baird noted that last year, during the budget process, the Commissioners expressed concern that we did not have a written policy regarding funding of these agencies. Staff canvassed several counties as to their policies but they do not fund these agencies at all. The biggest change proposed is to fund for a maximum of 4 years only. This would give the agency an opportunity to get on its feet and secure its own funding. The Board will need to direct staff as to whether the 4 -year period begins today or is retroactive. Staff is also recommending that funding be capped at $256,516 which is the current level. FEBRUARY 19, 2002 -55- n • Commissioner Macht felt each agency should be judged on a case-by-case basis, especially those that are performing a service to the community which is a County responsibility to some extent. He could not support Policy I(C)(1) and noted that on Page 131, Section III, should read "Children's Services Advisory Committee". He also could not support Section V(B)(6) regarding salaries as some salaries have been funded in the past. Mr Baird noted that some of the agencies, such as those funded by the tourist taxes and Children's Services which has its own ordinance, have their own set of rules. Staff is suggesting that contracts be drawn up with the quasi -nonprofit agencies, such as the Council on Aging, the Humane Society, Gifford Youth Activity Center and the Chamber of Commerce. Commissioner Macht did not see the rationale for discouraging funding for salaries as long as the agency is performing the task for which it was designed. Mr Baird noted that the Tourist Development Council recommended that restriction in an effort to discourage it. We also do not pay for sick time or vacation pay. These restrictions are an effort to ease the very difficult position budget staff finds themselves in each year. Commissioner Macht noted that funding for the Sports Commission goes to salaries and it has brought in the Law Enforcement Olympics which will bring in about S 12.25 million dollars over 5 years He asked that the restriction on salaries be removed. Commissioner Adams noted that agencies receiving $25,000 or more from the County are required to submit an audit and questioned what assurance we receive from those agencies receiving less than $25,000. Mr. Baird explained that the budget office receives all requests and only reimburses costs. There have been complaints about the cost of audits which can range from $3,000 to $5,000. FEBRUARY 19, 2002 -56- BR BR F • Budget Manager Jason Brown confirmed that invoices with copies of checks in payment of the invoices are received and confirmed prior to reimbursement. Commissioner Ginn asked that Item a on Page 140 include a mission statement and a copy of the by-laws, as well as the organizational structure and the number of meetings required annually. On Page 141, III(a) she wanted to know whether their Boards set and approve annual budgets. III(b) should be a requirement under the by-laws and the entity should be a legal entity. Mr Baird noted that those requirements could be included in the application. Some of the very small entities do not have by-laws. Commissioner Ginn then questioned whether all the entities are 501(c)(3)s, and Mr. Brown responded that each agency submits a letter with details of their 501(c)(3) status. County Attorney Bangel advised that all are 501(c)(3) entities. MOTION WAS MADE BY Commissioner Macht, SECONDED BY Commissioner Adams, to adopt staff's recommendation with the deletion of V(C)(7)(a), (b) and (c). Commissioner Ginn wanted to give consideration to capping III, Children's Services as she felt that there are other agencies which are addressing some of these problems. She preferred to cap the funding at the current level of $900,000 until Jean Kline furnishes the Asset Mapping and Needs Assessment. That information should be available before the end of this year. Commissioner Macht preferred not to institute a cap as he did not see any difficulty as long as the ad valorem tax base rises. He believed there are still a lot of unmet needs. FEBRUARY 19, 2002 J1 7J • -57- Chairman Stanbridge and Commissioner Adams had no problem with instituting a cap until the documentation has been received. THE CHAIRMAN CALLED THE QUESTION and Commissioner Ginn questioned whether the Board wished to vote on the Children's Services cap separately. Commissioner Adams also noted that the Board had not discussed whether the 4 year limitation would begin now or retroactively. She suggested that they leave it at 4 years, beginning last year, plus 3 years. County Attorney Bangel questioned whether the motion included Commissioner Ginn's application changes, and Commissioner Macht responded that it did not. Commissioner Adams WITHDREW HER SECOND AND THE MOTION DIED. MOTION WAS MADE by Commissioner Ginn, SECONDED by Commissioner Stanbridge, to approve backup pages 127 through 155 outlining the new Outside Agency Funding Policy with the following changes: (1) Item I. Nonprofit Agencies, C. Amount and Term of Funding for Individual Nonprofit Agencies, (1)(c) changing the term from 4 years to 3 years, and (2) changing Item III, Children's Services Agencies, by adding a cap at $900,000 until receipt of the needs assessment and asset mapping which should be received in the next year; otherwise as recommended by staff. FEBRUARY 19, 2002 -58- 3 7 7 • THE CHAIRMAN CALLED THE QUESTION and the Motion passed by a 4-1 vote (Commissioner Macht opposed). COPY OF POLICY IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WITH THE BACKUP FOR TODAY'S MEETING 11.G.1. CARTER ASSOCIATES - 2ND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES - 66TH AVENUE FROM 4TH STREET TO SR -60 The Board reviewed a Memorandum of February 11, 2002: TO: James Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Directo4 FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: Second Amendment to the Professional Service Agreement for 66th Avenue from 4`h Street to SR 60 — IRC Project Igo. 9310 DATE: February 11, 2002 DESCRIPTION A\D CONDITIONS Indian River County entered into a Professional Services Agreement with Carter Associates, Inc. on November 17, 1998 and approved the First Amendment to the agreement on November 2, 1999. A re -design of portions of the project are needed in order to minimize right-of-way acquisition impacts on property owners and minimize construction costs. The scope of services for this Second Amendment would be to prepare preliminary plans to modify the roadway alignment and reduce roadway width, where possible, from three lanes to two lanes, with tum lanes. A summary of the project design services are as follows: FEBRUARY 19, 2002 -59- Bit ; i1 73 • Original Contract Price First Amendment (extended project limits from 12th Street to 4th Street, and providing bridge design) Current Contract Amount Proposed Second Amendment NEW CONTRACT PRICE $ 66,000.00 $ 95,000.00 $161,000.00 $ 17 820.00 5178,820.00 It is anticipated that after approval of the preliminary plans, prepared under this Second Amendment to the Agreement, final plans will be required, thus requiring a Third Amendment to the Agreement for approximately $70,000.00 ALTERNATIVES AND ANALYSIS Alternative No. 1 - The Board of County Commissioners approves the Second Amendment to the Professional Services Agreement for 66`h Avenue Paving and Drainage Improvements with Carer Associates, Inc. Alternative No. 2 — The Board of County Commissioners does not approve the Second Amendment to the Professional Services Agreement for 66th Avenue Paving and Drainage Improvements with Carter Associates, Inc. RECOMMENDATIONS AND FUNDING Staff recommends approval of Alternative No. 1, funding to come from Account No. 109-214-541- 067.74. ATTACHMENTS 1. Amendment No. 2 to the Professional Engineering Services Agreement for 66`h Avenue Paving and Drainage Improvements between 4th Street and SR 60 — IRC Project #9810 2. Letter from Carter Associates, Inc dated January 8, 2002; Addendum No. 2, Professional Services Agreement ON MOTION by Commissioner Ginn, SECONDED by Commissioner Adams, the Board unanimously approved the Second Amendment to the Professional Services Agreement for 66`h Avenue Paving and Drainage Improvements with Carter Associates, Inc , as recommended by staff. FEBRUARY 19, 2002 AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD -60- 9 11.G.2. RESOLUTION 2002-014 CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 19TH AVENUE SW BETWEEN 10TH STREET SW & 9TH STREET SW AND PORTIONS OF 10TH STREET SW BETWEEN 20TH AVENUE SW AND 18TH AVENUE SW, DESIGNATED AS PROJECT NO. 9911, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT The Board reviewed a Memorandum of January 31, 2002: TO: James Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director and Christopher J. Kafer, Jr , P E , County Enginee FROM: SUBJECT: Michelle A. Gentile, CET, Civil Engineer As -Built Resolution & Assesent Roll for Paving and Drainage Improv ents to 19th Avenue SW between 10 Street SW and 9th Street SW and Portions o 10th Street SW between 20th Avenue SW * 13th Avenue SW, IRC PROJECT # 991 January 31, 2002 DESCRIPTION AND CONDITIONS The paving of the above road has been completed. The final assessment is as follows: FEBRUARY 19, 2002 Final Cost Preliminary Estimates $ 18,309.64 - 100% $ 18,309.64 - 100% $ 14,006.87 - 75% $ 14,006.87 - 75% 2.08 Acres 2.08 Acres $ 6,734.07 /per Acre $ 6,734.07 /per Acre fee * This figure includes 2% Tax Collector's FEBRUARY 19, 2002 1 he final assessment roll has been prepared and is ready to be delivered to the Clerk to the Board. Assessments have been paid for by the Developer, Tri Partners, LLC. ALTERNATIVES AND ANALYSIS Since the final assessment to the benefited owners is the same as the preliminary assessment roll, the only alternative presented is to approve the final assessment roll RECOMMENDATION It is recommended that the final assessment roll and the "As -Built Resolution" for the paving of the above-mentioned road be approved by the Board of County Commissioners. A11ACHMENTS 1) As -Built Resolution 2) Final Assessment Roll (Exhibit "A") 3) Final Costs ON MOTION by Commissioner Ginn, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 2002-014 certifying "as -built" costs for certain paving and drainage improvements to 19th Avenue SW between 10th Street SW & 9th Street SW and portions of 10`x' Street SW between 20th Avenue SW and 18`" Avenue SW, designated as Project No. 9911, and other construction necessitated by such project. As -Built (Fourth Reso.) RESOLUTION NO. 2002- 014 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 19TH AVENUE SW BETWEEN 10TH STREET SW & 9TH STREET SW AND PORTIONS OF 10TH STREET SW BETWEEN 20TH AVENUE SW AND 18TH AVENUE SW, DESIGNATED AS PROJECT NO. 9911 AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. FEBRUARY 19, 2002 -62- 1 • WHEREAS, the Board of County Commissioners of Indian River County determined that the improvements described herein specially benefited the property located within the boundaries as described in this title, designated as Project No. 9911, are in the public interest and promote the public welfare of the county; and WHEREAS, on September 5, 2000, the Board held a public hearing in the Commission Chambers at which time the owners of the property to be assessed were afforded an opportunity to appear before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 2000-097 which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in an attachment to that resolution; and WHEREAS, the Director of Public Works has certified the actual "as -built" cost now that the project has been completed is $6,734.07 per acre, which is the same as $6,734.07 per acre in the confirming Resolution No. 2000-097. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 2000-097 is modified as follows: The completion date for Project No. 9911 is declared to be October 15, 2001, and the last day that payment may be made avoiding interest and penalty charges is ninety (90) days after passage of this resolution. 2. The developer, TRI Partners, LLC, has paid the final assessment for the property owners on 19th Avenue SW and 10th Street SW, as shown on the Final Assessment. The amount due from each property owner is $0.00. 3. The assessment roll for said project listed in Resolution No. 2000-097 shall be as set forth in attached Exhibit "A" to this resolution. 4. The assessments as shown in attached Exhibit "A" shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid FEBRUARY 19, 2002 -63- u • 5. The assessments shown in Exhibit "A", attached to Resolution No.2000-097 were recorded by the County on the public records of Indian River County, and the lien shall constitute prima facie evidence of its validity. This resolution was moved for adoption by Commissioner Gi nn , and the motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Chairman Ruth M. Stanbridge Vice -Chairman John W Tippm Commissioner Fran B. Adams Commissioner Kenneth R. Macht Commissioner Caroline D. Ginn Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 19th day of February ,2002. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Attest JEN'REY K BARTON Attachment: Exhibit "A" FEBRUARY 19, 2002 Indian River County Approved Date Administration gy ? S Budget / " JJJ�-,4? 2/762--- Legal )I'/2 '6F2. Risk Management ^ / Public Works , - i Q2--' Engineering / eg' 0,2,„ FEBRUARY 19, 2002 • N o O CO O Z W (1) cn - W CC cu • W w Q O C U CC Q O W d QH H- I_ co u) tIIC) 000 O o Q 0) ct ow O W Z < Q)) 0 Z i O Z W O W U. -J W ▪ m LL Z LU LU • Z • LU w < (1)Q Q) J r Z O LL 1— TOTAL COST COST/ACRE ACREAGE LEGAL DESCRIPTION NAME & ADDRESS FEBRUARY 19, 2002 } Ln U] 0 U) Lf) 0 0 0 0 0 0 0 17 L() V Tr O M CO O O) O) 0 O) CO O V' 'Cr O N O (Ni N O V V O 4 4 6 N N N- N (A M (+) e U] U) (0 UD LC) to N N O O II N II r r II r r II O O r r co- co N N C. 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O • O C O m E o O N CO UC C LL M > Cn Q 05 L N w CO CO 7 r O .m Ln ec r N 26-33-39-00002-0005-00007.0 James Whalen N * C O N O # y O = Or C o c o D CO CL o o Y o in Y Ln Lp m O m O CL 0 0 ° 0 0 o m o0 oO O W o c6 m O) co (h r co CO 1-- CO r c] CO J CL N J CL N J CL U) co N Cr) U) C CL (1) < L m r m r `CD coO 0)) > Thomas Whalen Lf) N O O M r r N 3 O (O 0) CV (13 LO U) CO U O r 7 J " O CC r Na) LL >. m Ln m E Y 'm 0 of c O co CU m U) O U) LOm E r U) Q) O (D a. u) CO > I U r CO N N N co Q S (O c I.L rn In • -65- FEBRUARY 19, 2002 r 13.A. CHAIRMAN RUTH M. STANBRIDGE - REPORT ON TRIP TO TALLAHASSEE - (1) STORMWATER PLAN - (2) REDISTRICTING - (3) HALLSTROM FARMSTEAD ON NATIONAL REGISTER - (4) AMTRAK Chairman Stanbridge reported on her meetings in Tallahassee last week regarding lobbying for stormwater money which is very tight. We had requested $4,000,000 for Phase 2 of the Stormwater Plan and will be very lucky to receive $2,000,000. Senator Pruitt is waiting for the redistricting and revenue lines to come in. They have not yet set the budgets. We had also requested a grant review for archeological surveys regarding land acquisition. Unfortunately the universities got most of the money so we will have to compete with them for dollars. We were successful with having the Hallstrom Farmstead added to the National Register which might bring another $500,000 in grant monies. The Amtrak proposal is still on at the Washington level where they are trying to break up the large system and bring back some ridership. That would help us on the east coast. NO ACTION REQUIRED OR TAKEN. 14.A. EMERGENCY SERVICES DISTRICT None. FEBRUARY 19, 2002 -67- BM 14.B. SOLID WASTE DISPOSAL DISTRICT 14.C. ENVIRONMENTAL CONTROL BOARD There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:24 a.m. ATTEST: . arton, Clerk Ruth M. Stanbridge, Chairman Minutes Approved FEBRUARY 19, 2002