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HomeMy WebLinkAbout4/9/2002MINUTES ATTACHED SHARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, APRIL 9, 2002 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Ruth NI. Stanbridge, Chairman John \A . Tippin, Vice Chairman Fran B. Adams Caroline D. Ginn Kenneth R. Macht D istrict 2 District 4 D istrict 1 D istrict D istrict 3 James E. Chandler, County Administrator Paul (r. Bangel, County Attorney Kimberly Massung, Executive Aide to RCC Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES Rev. Tony Taylor Christ by the Sea United Methodist PLEDGE OF ALLEGIANCE Comm. Fran B. Adams ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEiMS Nev page 329 - Color map for Item 11.H. Item 13.D. -Report on Utilities Advisor} Committee Meeting Concerning Sludge MOVED: Item 8 to Consent Agenda Item 7.1.. PROCLAMATION and PRESENTATIONS Present ition of Proclamation Designating April, 2002 as Florida Confederate History Month in Indian River County, Florida APPROVAL OF MINUTES Regular meeting of March 19, 2002 CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1) Fellsmere Water Control Dist. Water Control Plan 2) I.R. Faints Water Control Dist. Water Cont. Plan 3) Delta Fanns Water Cont. Dist. Water Cont. Plan 4) Vero Lakes Water Cont. Dist. Water Cont. Plan 5) Seb. Riv. Water Cont. Dist. Water Cont. Plan Approval of Warrants (memorandum dated March 27, 2002) Board Authorization for John's Island Water Manage- ment, Inc. to Continue Using a Well Located in the Old Winter Beach Road Right -of -Way (memorandum dated March 30, 2002) Approval of Florida Communities Trust (FCT) Concep- tual Approval Agreement and Confidentiality Agreement for Cost -Share Acquisition of the Hallstrom Fannstead (memorandum dated March 27, 2002) Approval of Interlocal Agreement for the Creation of the Indian River County Metropolitan Planning Organization (memorandum dated March 9, 2002) IRC Hid #4049 Furnish and install galvanized fence at two (2) IRC conservation areas — Parks Division (memorandum dated April 1, 2002) BACKUP PAGE'S Traffic Control Device Ledger (memorandum dated March 19, 2002) 96-112 Renewal of Commercial Lease Agreement Located at the Vero Beach Municipal Airport — Informational Item from Sheriff Roy Raymond (letter dated February 21, 2002) 113-114 Fnvironmental Learning Center — Landfill Assessments on Leased Property (memorandum dated March 28, 2002) Authorization Issue Request for Proposals for ADA Study Update (memorandum dated April 3, 2002) 120-123 CONSENT AGENDA (cont'd.) K. Cal Builder's Request for Final Plat Approval for Cal Builders Subdivision (memorandum dated March 25, 2002) BACKLP PAGES CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Sheriff Roy Raymond: Bulletproof Vest Partnership Program — Request for Grant Dollars (letter dated April 1, 2002) 129-136 PUBLIC ITEiMS A. PUBLIC HEARINGS AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGARDING USE OF THE AFFIDAVIT OF EXEMPTION PROCESS FOR DIVIDING PRO- PERTIES, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGrULATIONS (LDRS): CHAPTER 911, ZONING, AND CHAPTER 913 SUBDIVISIONS AND PLATS; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS CODIFI- CATION, SEVERABILI FY AND EFFECTIVE DA IE Request to Amend the Affidavit of Exemption Regu- lations of LDR Sections 911.06(4) and 913.06(5) (Legislative) (memorandum dated April 1, 2002) PUBLIC DISCUSSION ITEMS 1. Request from James D. St. Clair to discuss 'the noise problem with the St. Edward's Upper School air conditioners" (letter dated April 2, 2002) Request from Brian Heady to discuss "govern- ing by deception and lies ' and "the cost to county taxpayers of such malfeasance" (letter dated April 3, 2002) PUBLIC NOTICE ITEMS 10. COUNTY ADMINISTRATOR'S MATTERS BACKUP PAGES 11. DEPARTMENTAL MATTERS A. Community Development None Emergency Services None General Services 1. Transfer / Assignment of Lease for the Clifford Youth Activity Center (memorandum dated April 1, 2002) 2. Authorization. to Sell Real Property to Highest Bidder (memorandum dated April 1, 2002) 176-256 Change of Control of CATV Franchise AT&T and Comcast (memorandum dated April 2, 2002) Leisure Services None 263-279 Office of Management and Budget None Personnel None G. Public Works 1 _ Approval of Release of Retainage for Gifford Area Stoimwater Improvement Project (memorandum dated April 1, 2002) 2. License Agreement for Bridgewater Invest- ments LLC to use County Property along Indian River Boulevard (memorandum dated March 27, 2002) Utilities Sebastian Water Expansion Phase III -D & E Resolutions I and II (memorandun dated April 1, 2002) 280-282 283-288 BACKUP PAGES 12. COUNTY ATTORNEY 13. COILMISSIONERS ITEMS A. Chairman Ruth M. Stanbridge Updates Vice Chairman John W. Tiepin Commissioner Fran B. Adams Commissioner Caroline D. Ginn Commissioner Kenneth R. Macht 14. SPECIAL DISTRICTS/BOARDS A Emergency Services District None Solid Waste Disposal District Environmental Control Board 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://bcc1.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. Meetinz broadcast same as above on AT & T Broadband; Channel 27 in Sebastian. • INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF APRIL 9, 2002 1 CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 1 5. PROCLAMATION DESIGNATING APRIL 2002 AS FLORIDA CONFEDERATE HISTORY MONTH IN INDIAN RIVER COUNTY 2 6. APPROVAL OF MINUTES - MARCH 19, 2002 3 7 CONSENT AGENDA 7.A. Reports 4 7.B. Approval of Warrants 4 7.C. John's Island Water Management, Inc. - Use of Well Located in the Old 4 Winter Beach Road Right -of -Way (SJRWMD) 12 7.D. Florida Communities Trust (FCT) - Conceptual Approval Agreement and Confidentiality Agreement for Cost -Share Acquisition of the Hallstrom Farmstead 15 7 E Revised Interlocal Agreement - Florida Department of Transportation, City of Vero Beach, City of Sebastian, City of Fellsmere, Town of Indian River Shores, Town of Orchid, School District of Indian River County - Creation of the Indian River County Metropolitan Planning Organization - (Two Additional Voting Members) 18 7.F. Bid 44049 - Furnish and Install Galvanized Fence at North Sebastian Conservation Area and Flinn Tract Conservation Area (Parks Division) 7.G. Resolution No. 2002-019- Traffic Control Device Ledger 20 22 1 Oil • 7.H. Renewal of Commercial Lease Agreement at the Vero Beach Municipal Airport - Informational Item from Sheriff Roy Raymond 24 7.1. Environmental Learning Center - Landfill Assessments on Lease Property Payment Schedule 27 7.J. Request for Proposals for ADA Study Update Authorization to Issue 28 7.K. Cal Builders Subdivision - Final Plat Approval Requested by Cal Builders 29 7 L Sheriff Roy Raymond - U.S. Department of Justice, Bureau of Justice Assistance Bulletproof Vest Partnership Program - Request for Grant Dollars 31 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2002-017 - AMENDMENT TO AFFIDAVIT OF EXEMPTION REGULATIONS OF LDR SECTIONS 911.06(4) AND 913.06(5) (Legislative) 33 9.B.1. PUBLIC DISCUSSION I FEM - REQUEST FROM JAMES D. ST. CLAIR TO DISCUSS ` THE NOISF PROBLEM WITH THE ST EDWARD'S UPPER SCHOOL AIR CONDITIONERS" 42 9.B.2. PUBLIC DISCUSSION ITEM - REQUEST FROM BRIAN HEADY TO DISCUSS ` GOVERNING BY DECEPTION AND LIES" AND "THE COST TO COUNTY TAXPAYERS OF SUCH MALFEASANCE" 42 11.C.1. TRANSFER/ASSIGNMENT OF LEASE FOR THE GIFFORD YOUTH ACTIVITY CENTER 42 11.C.2. AUTHORIZATION TO SELL COUNTY -OWNED REAL PROPERTY TO HIGHEST BIDDER - LOTS 185, 199, AND 200, BLOCK 14 W. E GEOFFREYS SUBDIVISION 45 11.C.3. CABLE TV FRANCHISE - COMBINE AT&T AND COMCAST CORPORATIONS 47 11.G.L GIFFORD AREA STORMWATER IMPROVEMENT PROJECT - CARTER ASSOCIATES, INC. - RELEASE OF RETAINAGE AND REQUEST FOR FINAL PAYMENT 48 11.0.2. LICENSE FOR USE OF COUNTY RIGHT-OF-WAY FOR A SIGN ALONG INDIAN RIVER BOULEVARD - BRIDGEWATER INVESTMENT, LLC 50 2 • • 11.H.1. RESOLUTION NOS 2002-020 AND 2002-021 - SEBASTIAN WATER EXPANSION PHASE III -D & E - RESOLUTIONS I A\D II 51 13.A. CHAIRMAN STANBRIDGE - PELICA\ ISLAND NATURAL WILDLIFE REFUGE PARTNERSHIP CEREMONY 57 13.D. COMMISSIONER GI\\ - REPORT ON UTILITIES ADVISORY COMMITTEE'S RECOMME\DATIONS CONCERNING ACCEPTANCE OF SLUDGE FROM INDIANTOWN COMPANY, INC. 57 14.A. EMERGENCY SERVICES DISTRICT 58 14.B. SOLID WASTE DISPOSAL DISTRICT 58 14.C. ENVIRONMENTAL CONTROL BOARD 58 3 • • April 9, 2002 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25`1' Street, Vero Beach, Florida, on Tuesday, April 9, 2002. Present were Ruth Stanbridge, Chairman; John W. Tippin, Vice Chairman; Commissioners 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 Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Rev. Tony Taylor, Christ by the Sea United Methodist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Adams led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Stanbridge announced that a new page 329 (color map) had been provided for item 11.H. and that the Sheriff's Office had requested that Item 8 be moved to the Consent Agenda and it would be Item 7.L. April 9, 2002 1 • Commissioner Ginn requested the addition of Item 13.D. a report on the Utilities Advisory Committee's meeting with respect to accepting sludge from other Jurisdictions. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously made the above additions and changes to the agenda. 5. PROCLAMATION DESIGNATING APRIL 2002 AS FLORIDA CONFEDERATE HISTORY MONTH IN INDIAN RIVER COUNTY The Chairman read the following proclamation and presented it to Gene Lee who was representing the Sons of Confederate Veterans of Indian River County. Mr. Lee accepted the proclamation with thanks and noted that we should remember our ancestors and honor those simple people who fought for their homes in the South. PROCLAMATION DESIGNATING APRIL, 2002 AS FLORIDA CONFEDERATE HISTORY MONTH IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, April is the month in which the Confederate States of America began and ended their four-year struggle for a sovereign and independent nation; and WHEREAS, our State Constitution sets aside April 26th as a day to observe and honor the memory of those who lost their lives in the Civil War; and WHEREAS, in proportion to its population, Florida contributed more soldiers and sailors to the Confederate services than any other state and WHEREAS, all Floridians should be knowledgeable of the history of the Civil War battles fought here, including those at Olustee and at Natural Bridge; and April 9, 2002 2 • • 1 WHEREAS, we study the war between the Blue and the Gray for the same reason we study all wars, with a view to understanding the historical events which compelled them, so we may continue to learn to live together and seek to avoid future conflicts: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of April, 2002 be designated as FLORIDA CONFEDERATE HISTORY MONTH in Indian River County, and the Board urges all residents to engage in historical study of the events of 1861 to 1865 and to solemnly contemplate that time. Adopted this 9th day of April, 2002. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA '1 -%`2 ,72) Ruth Stanbridge, Chairman 6.A. APPROVAL OF MINUTES - MARCH 19, 2002 fhe Chairman asked if there were any additions or corrections to the Minutes of the Regular _Meeting of March 19, 2002. There were none. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the minutes of the Regular Meeting of March 19, 2002, as written and distributed. April 9, 2002 J 7. CONSENT AGENDA Commissioner Adams requested that Item 7.F. be separated from the Consent Agenda for clarification. 7.A. Reports The following reports were received and placed on file In the Office of the Clerk to the Board: Fellsmere Water Control District Water Control Plan Indian River Farms Water Control District Water Control Plan Delta Farms Water Control District Water Control Plan Vero Lakes Water Control District Water Control Plan Sebastian River Water Control District Water Control Plan 7.B. Approval of Warrants The Board reviewed a Memorandum of March 27, 2002: TO: DATE: SUBJECT: FROM: HONORABLE BOARD OF COUNTY COMMISSIONERS March 27, 2002 APPROVAL OF WARRANTS EDWIN M. FRY, JR., FIN ANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all vAarrants 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 March 21, 2002 to March 28, 2002. Attachment: April 9, 2002 4 • • O\ MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved the list of warrants issued by the Clerk for the period March 21-28, 2002, as requested. CHECK NUMBER O 02166 O 02166 O 021668 O 021669 O 021670 O 021671 O 021672 O 021673 O 021674 O 021675 O 021676 O 021677 O 021678 O 021679 O 021680 O 021681 O 318180 O 319210 O 320333 O 320334 O 320335 O 320336 O 320337 O 320338 O 320339 O 320340 O 320341 O 320342 O 320343 O 320344 O 320345 O 320346 O 320347 O 320348 O 320349 O 320350 O 320351 O 320352 O 320353 O 320354 O 320355 O 320356 O 320357 O 320358 O 320359 O 320360 NAME 6 TEAMSTERS LOCAL UNION NO 769 7 TEAMSTERS LOCAL UNION NO 769 KNIGHT & MATHIS, INC KRUCZKIEWICZ, LORIANE S TATE DISBURSEMENT UNIT B UREAU FOR CHILD SUPPORT ENFOR INDIAN RIVER COUNTY BOARD OF INTERNAL REVENUE SERVICE 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 BETTER COPY CENTER, A INDIAN RIVER COUNTY AMERICAS HEALTH CHOICE AMAZON.COM CREDIT AERO PRODUCTS CORPORATION ALBERTSON'S #4357 AMERICAN BUSINESS INTERIORS AMERICAN CONCRETE INDUSTRIES, AMERICAN CORRECTIONAL ANIMAL HOSPITAL, THE APPLE INDUSTRIAL SUPPLY CO APPLE MACHINE & SUPPLY CO AUTO SUPPLY CO OF VERO BEACH, ADAMSON, RONALD ABS PUMPS, INC AMERITREND CORPORATION AMERICAN HUMANE ASSOCIATION ARCHITECTS & DESIGNERS CLUB ASCO GARAGE DOOR CO A T & T AMERITREND HOMES ALBERTSON'S ALL COUNTY MOWER & EOUIDNIENT ALLEN, CHARLOTTE ALL CREATURES GREAT & SMALL AUTO OWNERS INSURANCE AERC.COM, INC AMERICAN PLANNING ASSOCIATION ALLIED TRAILER SALES & RENTALS ADT April 9, 2002 5 CHECK DATE 2002-03-14 2002-03-14 2002-03-21 2002-03-26 2002-03-26 2002-03-26 2002-03-26 2002-03-26 2002-03-26 2002-03-25 2002-03-26 2002-03-26 2002-03-26 2002-03-26 2002-03-26 2002-03-26 2002-02-21 2002-03-07 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 CHECK AMOUNT 4,019.06 1,964.32 11,010.60 138.50 37.75 115.33 245.00 50.00 920.41 2,500.00 80,991.33 193.86 9,969.00 354.93 132,46 8,157.87 . 00 VOID . 00 VOID 706.94 432.50 1,288.90 836.15 5,873.52 420.00 35.00 15.00 1,598.57 601.30 2,610.15 1,061.26 637.00 1,500.00 59.00 232.93 112.50 148.30 1,500.00 44.69 59.40 38.00 26.00 --2.23 359.04 610.00 '_50.00 82.50 CHECK NUMBER O 320361 O 320362 O 320363 O 320364 O 320365 O 320366 O 320367 O 320368 O 320369 O 320370 O 320371 O 320372 O 320373 O 320374 O 320375 O 320376 O 320377 O 320378 O 320379 O 320380 O 320381 O 320382 O 320383 0320384 O 320385 O 320386 O 320387 0320388 O 320389 O 320390 0320391 O 320392 O 320393 O 320394 O 320395 O 320396 O 320397 O 320398 O 320399 O 320400 O 320401 O 320402 O 320403 O 320404 NAME AYERS, PATRICK ALLOCA, KATHRYN AMERICAS HEALTH ATTORNEY OFFICE OF MORGAN AMERIGAS ALARM PARTNERS BOARD OF COUNTY COMMISSIONERS BUREAU OF ECONOMIC & BUSINESS BARTON, JEFFREY K- CLERK BARTON, JEFFREY K -CLERK BURGOON BERGER BUILDING OFFICIALS ASSOCIATION BAKER & TAYLOR INC BRODART CO BAKER & TAYLOR ENTERTAINMENT BOYNTON PUMP & IRRIGATION BAKER COUNTY HISTORICAL BOOKS ON TAPE INC BELLSOUTH B RENNAN, RANDALL B ELLSOUTH PUBLIC COMMUNICATION BMG BRIGGS EQUIPMENT BOARD OF COUNTY COMMISSIONERS BROWNING, CARLEAN BALL, ARTHUR G BATES, ARTHUR W BLEUER, ALICE BLUE SHIELD FLORIDA BOGGS, MAXNE BRACKETT, DANNY BAKER, DAWN BERNAN ESSENTIAL REFERENCES BELLSOUTH BEAZER HOMES CORP B URDEN, WILLIE J B LUE SHIELD NASCO CARTER ASSOCIATES, INC CHANDLER EOUI°MENT CO, INC COMMUNICATIONS INT'L INC COMMUNICATIONS INT'L INC CROOM CONSTRUCTION CO CONTRACT SERVICE COALITION FOR THE HOMELESS O 320405 COLLINS & AIKMAN O 320406 CALL ONE, INC O 320407 CARSONITE INTERNATIONAL CORP O 320408 CORPORATION OF THE PRESIDENT O 320409 CENTER FOR EMOTIONAL AND O 320410 CULTURAL COUNCIL OF INDIAN O 320411 CENTRAL FLORIDA GENEALOGICAL O 320412 CARQUEST AUTO PARTS O 320413 COLUMBIA PROPANE O 320414 CHARLIE'S LAWN MAINTENANCE INC O 320415 CITGO PETROLEUM CORP O 320416 CONSECO HEALTH INSURANCE CO O 320417 CARLSON, GAY O 320418 COMMERCIAL TITLE SERVICE,INC O 320419 DEEP SIX DIVE & WATERSPORTS April 9, 2002 6 CHECK DATE 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 CHECK AMOUNT 500.00 52.57 810.29 62.00 60.00 490.00 5,329.70 68.90 213,108.83 5,060.75 3,281.46 1,660.00 587.09 18.17 54.59 462.00 267.50 210.00 3,396.28 275.82 275.55 66.12 890.98 297.50 30.90 51.57 10.82 52.22 179.30 343.43 500.00 20.00 200.00 43.26 1,000.00 60.00 51.58 14,878.94 413.91 13,806.65 320.00 1,000.00 99.00 9,165.72 115,940.65 25.00 823.90 13.00 513.00 6,323.99 42.50 221.64 30.95 3,953.70 3,253.46 52.90 100.00 3,749.08 6,760.00 • • CHECK NUMBER 0320420 O 320421 O 320422 O 320423 O 320424 0320425 O 320426 O 320427 0320428 O 320429 O 320430 O 320431 O 320432 O 320433 O 320434 0320435 O 320436 O 320437 O 320438 O 320439 O 320440 O 320441 O 320442 O 320443 0320444 O 320445 O 320446 0320447 O 320448 0320449 O 320450 O 320451 0320452 O 320453 O 320454 O 320455 O 320456 O 320457 O 320458 O 320459 O 320460 O 320461 O 320462 O 320463 O 320464 O 320465 O 320466 O 320467 O 320468 O 320469 O 320470 O 320471 O 320472 O 320473 O 320474 O 320475 O 320476 April 9, 2002 NAME FLORIDA DEPARTMENT OF DEPENDABLE DODGE, INC DICKERSON-FLORIDA, INC DOW, HOWELL, GILMORE, DAVIDSON TITLES, INC DANIEL ELECTRICAL CONTRACTOR D ESIGNED TRAFFIC D ETKO, CATHY D IGITAL TECHNOGRAPHICS, INC D ILLON, GARY D ISABATO, ANTHONY D UNNINGTON, GALE D EPARTMENT OF TRANSPORTATION E -Z BREW COFFEE SERVICE, INC E G P, INC E LLIS K PHELPS AND CO, INC E BSCO SUBSCRIPTION SERVICES ELPEX, INC EDLUND & DRITENBAS EMERGENCY MEDICAL CONSULTANTS EGGLESTON, WILLIAM EMPLOYERS MUTUAL EVERGLADES FARM FEDEX FISHER SCIENTIFIC FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA F W P C CHECK DATE 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 S 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 POWER & LIGHT COMPANY WILDLIFE COMMISSION POWER & LIGHT TIRE RECYCLING, INC DETROIT_ DIESEL -ALLISON 0 A FT PIERCE, CITY OF FLORIDA VETERINARY LEAGUE FLORIDA DATABASE SYSTEMS, INC FIRSTLAB FIRESTONE TIRE & SERVICE FLORIDA PAIN MANAGEMENT ASSOC FREE SPIRIT PUBLISHING FLOWSERVE US INC FRANCIS, JOAN GALE GROUP, THE GAYLORD BROTHERS, INC GENERAL GMC, TRUCK GOODKNIGHT LAWN EQUIPMENT INC GREYHOUND LINES, INC. GREENE, ROBERT E GARBER BUICK PONTIAC GMC TRUCK GREGORY HARRIS, PHD, CVE GIFFORD, ALICE GRAUL, STEVE GOODTIME GETAWAYS, INC H W WILSON CO H ICKMAN'S BRAKE & ALIGNMENT HUMANE SOCIETY OF VERO BEACH HUNTER AUTO SUPPLIES HACH COMPANY HOMETOWN PET CARE CENTER 7 CHECK AMOUNT 2,469.97 :48.06 8,732.49 8,337.96 3,664.16 1,043.88 1,039.94 150.00 326.25 78.25 100.00 48.96 25.00 36.00 39.67 160.65 1,839.05 883.68 2,811.52 960.00 143.00 52.90 1,791.39 101.01 173.25 13,759.49 25.00 1,542.00 964.80 2,495.63 195.00 2,387.88 83.00 4,700.00 763.00 1,782.49 37.00 17.06 7,652.71 18.00 510.54 623.24 1,570.75 101.60 41.00 1,976.56 15,071.00 ',014.10 43.17 93.00 500.00 153.00 4,592.36 9,720.00 501.95 292.65 66.00 CHECK NUMBER 0320477 O 320478 O 320479 O 320480 O 320481 O 320482 O 320483 NAME HARRIS COTHERMAN & ASSOCIATES HOLIDAY BUILDERS HAMRICKS HORTENSE & MILLS FUNERAL HOME HANOVER INSURANCE INDIAN RIVER COUNTY INDIAN RIVER COUNTY SOLID O 320484 INDIAN RIVER COUNTY O 320485 INDIAN RIVER BATTERY, INC O 320486 INDIAN RIVER BLUEPRINT CO INC O 320487 INDIAN RIVER COUNTY UTILITY O 320488 INDIAN RIVER FARMS WATER O 320489 INDIAN RIVER COUNTY O 320490 INDIAN RIVER ALL -FAB, INC O 320491 INTERNATIONAL MUNICIPAL O 320492 IDEALIFE INSURANCE COMPANY O 320493 JIM WRIGHT CONSTRUCTION O 320494 J & A HANDY -CRAFTS, INC O 320495 JANITORIAL DEPOT OF AMERICA O 320496 JONES, ELVIN JR O 320497 KELLY TRACTOR CO O 320498 KIMLEY-HORN & ASSOCIATES, INC O 320499 KOUNS, DARLENE O 320500 K S M ENGINEERING & TESTING O 320501 KREBS, JILL A O 320502 KOSSACK, CARL O 320503 KAFER, CHRISTOPHER Jr JR O 320504 KNOWLES, CYRIL O 320505 KELLER, JENAE O 320506 KUESTERSTEFFEN, MIKE O 320507 KEMIRON INC O 320508 KIRBY VETERINARY HOSPITAL O 320509 KATZMAN MD., SCOTT O 320510 KAY, EDWARD .0320511 KEYMEL MARJORIE O 320512 KAPPA, JORGE O 320513 INDIAN RIVER CHARTER O 320514 LESCO, INC O 320515 LEAHY INCORPORATED O 320516 LYONS, THOMAS W O 320517 LOWE'S COMPANIES, INC. O 320518 L B.SMITH, INC O 320519 LIGHT SOURCE BUSINESS SYSTEMS O 320520 LABOR FINDERS O 320521 LESCO, INC O 320522 LAPSCO INC O 320523 LOWE'S COMPANIES,INC O 320524 LOWE'S O 320525 LINDSEY GARDEN'S APARTMENTS O 320526 LUNA, JUVENAL O 320527 LEGENDARY CONSTRUCTION O 320528 L L S DEVELOPMENT O 320529 LIVINGS, W MIKE O 320530 MACMILLAN OIL COMPANY O 320531 MAXWELL PLUMBING, INC O 320532 INDIAN RIVER COMMUNITY COLLEGE April 9, 2002 8 CHECK DATE 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 CHECK AMOUNT 13,000.00 3,500.00 72.00 1,600.00 77.50 62,082.16 23,909.12 150.00 879.90 325.92 239.55 275.00 1,300.00 3,426.35 555.00 50.93 15,200.00 222.59 10.35 113.30 604.53 1,149.73 103.00 575.00 4.50 395.00 42.95 1,039.84 20.60 195.00 1,111.92 64.00 800.00 49.96 10.82 98.72 80.00 64.40 2,355.90 500.00 298.74 41.12 448.96 1,240.65 954.00 403.00 185.07 129.37 390.00 287.00 1,000.00 500.00 133.90 1,808.52 38.43 19,100.16 • CHECK NUMBER O 320533 O 320534 O 320535 O 320536 O 320537 O 320538 O 320539 O 320540 O 320541 O 320542 O 320543 O 320544 O 320545 O 320546 O 320547 O 320548 O 320549 O 320550 O 320551 O 320552 O 320553 O 320554 O 320555 O 320556 O 320557 O 320558 O 320559 O 320560 O 320561 O 320562 O 320563 O 320564 O 320565 O 320566 O 320567 O 320568 O 320569 O 320570 O 320571 O 320572 O 320573 O 320574 O 320575 O 320576 O 320577 O 320578 O 320579 O 320580 O 320581 O 320582 O 320583 O 320584 O 320585 O 320586 O 320587 O 320588 O 320589 O 320590 April 9, 2002 NAME MIKES GARAGE MUMFORD LIBRARY BOOKS, INC MUNICIPAL EOUIPM.ENT CO MARTIN, PATRICIA MCMASTER-CARR SUPPLY COMPANY M G B CONSTRUCTION MICROMARKETING, LLC MEDCHECK MAYR, SHARON MIKES GARAGE & WRECKER SERVICE MGB CONSTRUCTION INC MAYO CLINIC MARKETING THAT WORKS INC MARRONE, JOSEPH MEDICARE PART B MITCHELL TRAINING, INC MARK MCINTOSH CONST INC MILES, GENE MATHERNE CONSTRUCTION MUNNINGS, WANDA MEDICAID AMBULANCE MGM CONTRACTING INC MACK, JANE N MORIN, LORI MCCLAINE, CLAUDIA MCCREARY,WT MARKHAM, DORIS MEDICARE PART B SECONDARY MILLER, DANIEL MYLLYKOSKI, LEO MINSKY, HELEN MARTINEZ, WILLIAM NATIONAL INSTITJTE FOR NOLTE, DAVID C N ICOSIA, ROGER J DO N ICHOLS, RON NEXTEL COMMUNICATIONS NEAL-SCHUMAN PUBLISHERS, INC NATIONAL UNDERWRITER COMPANY N E C BUSINESS NETWORK NATIONSRENT NEW HORIZONS COMPUTER LEARNING NEACH, DONALD OFFICE PRODUCTS & SERVICE ORIENTAL MERCHANDISE CO 0 BRISKY - BOOKS OFFICE DEPOT, INC ODYSSEY MANUFACTURING CO OLSON, ERIK OGONOSKI, O FFICE OF THE ATTORNEY GENER?L O 'HAIRE, OUINN, CANDLER, AND PETTY CASH PORT CONSOLIDATED PETERSEN INDUSTRIES, INC PEGASUS TRAVEL PASSAGE ISLAND HOMES, INC P UBLIX PHARMACY #0642 JENNIFER 9 CHECK DATE 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 CHECK AMOUNT 70.00 16,832.04 693.00 1,200.00 28.56 876.78 36.67 250.73 105.72 450.00 2,000.00 1,600.00 5,000.00 73.00 433.81 200.00 1,500.00 247.00 500.00 39.00 52.22 5,200.00 30.00 98.60 75.10 250.00 26.87 43.27 53.31 380.00 51.91 307.46 90.00 210,665.92 1,500.00 93.00 531.48 51.10 94.00 3,361.92 24.90 5,250.00 20.00 2,502.81 567.00 44.50 1,092.33 4,477.50 115.72 500.00 13.35 31,108.50 100.00 15,972.47 773.03 277.00 1,000.00 165.85 • CHECK NAME NUMBER O 320591 PARK, LYNN O 320592 PERSONNEL PLUS INC O 320593 PROFORMA O 320594 REGIONS INTERSTATE BILLING SVC O 320595 PESHA, JESSICA O 320596 PER -SE TECHNOLOGIES-PHYS SVCS O 320597 PARALEE COMPANY INC O 320598 PIONEER LIFE INSURANC O 320599 PAGE, KALIBBIA O 320600 PATTOK, BERNIDINE O 320601 PEBTF O 320602 PAYNE, HARVEY SR O 320603 PARENT, PAUL X O 320604 QUINLAN PUBLISHING GROUP O 320605 RINKER MATERIALS O 320606 ROBERTS CONSTRUCTION O 320607 ROBINSON EQUIPMENT COMPANY, INC O 320608 ROSEWOOD COURT DEVELOPMNT CORP O 320609 RIORDAN, MICHAEL C PSY.D. O 320610 RECORDED BOOKS, LLC O 320611 RANGELINE TAPPING SERVICE INC O 320612 RELIABLE POLY JOHN SERVICES O 320613 RCL DEVELOPMENT O 320614 REXEL CONSOLICATED O 320615 REGIONS INTERSTATE BILLING O 320616 REAM, CHARLES R O 320617 ROGER DEAN CHEVROLET O 320618 ROSEMEYER, DOROTHY O 320619 ROBBINS, ORRIN O 320620 SEBASTIAN VOLUNTEER FIRE DEPT O 320621 SEWELL HARDWARE CO, INC O 320622 SEXUAL ASSAULT ASSISTANCE O 320623 SOUTHARD, TERRY O 320624 ST LUCIE BATTERY & TIRE, INC O 320625 STATE ATTORNEY OFFICE .0320626 STURGIS LUMBER & PLYWOOD CO O 320627 SLADE, KEVIN O 320628 SHADY OAK ANIMAL CLINIC O 320629 SOUTHERN SEWER EQUIPMENT SALES O 320630 SMITH BROS CONT EQUIP O 320631 STAMM MANUFACTURING O 320632 SAFETY PRODUCTS INC O 320633 STAGE & SCREEN O 320634 SMITH, JEAN O 320635 SOUTHERN EMBROIDERY WORKS O 320636 SEBASTIAN OFFICE SUPPLY O 320637 SAINT-HILAIRE, VIE O 320638 STATE FARM AUTO O 320639 STERICYCLE INC O 320640 STEPHENS, LARRY O 320641 SCHUSTER, GEORGE 0320642 SCOGGINS, GWENDOLYN O 320643 SCS INTERACTIVE INC O 320644 SHERRILL, CHARLES A O 320645 TARMAC AMERICA INC O 320646 TEN -8 FIRE EOUIPMENT, INC O 320647 TEAM EOUIPMENT, INC O 320648 TRUGREEN CHEMLAWN April 9, 2002 10 CHECK DATE 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 CHECK AMOUNT 490.15 570.00 59.85 179.77 29.61 16,682.17 1,880.36 25.70 38.63 17.61 50.61 72.35 500.00 135.60 31.64 500.00 2,369.67 30,413.18 1,387.50 19.85 350.00 386.18 500.00 200.58 1,408.14 150.00 2,395.09 51.26 395.00 7,000.00 5.79 4,964.16 57.15 472.16 11,393.12 20.85 160.86 34.99 668.88 425.54 588.00 891.96 61.38 60.00 78.00 28.18 33.76 207.95 241.43 154.00 10.38 51.25 2,825.00 32.50 2,629.28 2,710.88 202.76 120.00 • • CHECK NUMBER O 320649 O 320650 O 320651 O 320652 O 320653 O 320654 O 320655 O 320656 O 320657 O 320658 O 320659 NAME TREASURE COAST BUILDERS TRANSIT AIR CONDITIONING S CRIPPS TREASURE COAST THOMPSON, WANDA C. TRICARE REGION E TOTAL TRUCK PARTS INC THORRY, ANDREW UNIVERSITY OF FLORIDA CTQP U S WIRE -TIE SYSTEMS UNITED BUSINESS SYSTEMS U S FILTER DISTRIBUTION GROUP O 320660 UNITED PEALTHCARE O 320661 UNITED HEALTH CARE O 320662 VELDE FORD, INC O 320663 VERO BEACH, CITY OF O 320664 VERO BEACH, CITY OF O 320665 VERO LAWNMOWER CENTER, INC O 320666 VORTECH PHARMACEUTICALS O 320667 VERO BEACH POLICE DEPARTMENT O 320668 VERO BEAR:NG & BOLT O 320669 VICKERS, DAVID SCOTT O 320670 VERO BEACH MAGAZINE O 320671 VERO BEACH WOMAN'S CLUB, INC O 320672 WAL-MART PHARMACY INC O 320673 WILLHOFF, PATSY O 320674 WAUSAU O 320675 WEST GROUP PAYMENT CTR O 320676 WAL-MART STORES, INC O 320677 WURTH USA SOUTHEAST INC 0320673 WHEELED COACH INDUSTRIES INC O 320679 WALKER, KEITH O 320680 WORKING FIRE O 320681 WINGFOOT COMMERCIAL TIRE O 320682 WELLER POOL CONSTRUCTORS INC O 320683 WHITTEN, SUSAN O 320684 ZUGELTER CONSTRUCTION O 320685 ZEDEK, KELLY O 320686 MC NEAL, PARTICK O 320687 MILLER, JOSEPH O 320688 WODTKE, RUSSELL O 320689 RUDD, ALAN O 320690 LICARI, LINDA O 320691 ROYAL, THOMAS O 320692 GERRY, RAYMOND O 320693 GELD, TONIA April 9, 2002 11 CHECK DATE 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-C3-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 2002-03-27 CHECK AMOUNT 500.00 154.87 257.84 500.00 363.05 1,646.03 135.00 375.00 618.80 53,431.00 7,323.24 341.51 129.04 100.00 3,246.33 9,462.50 204.11 126.31 75.00 32.69 10.25 84.00 910.00 52.46 130.00 202.40 1,081.00 121.40 180.93 1,877.21 45.00 310.00 1,161.87 246,712.62 43.17 500.00 55.50 299.74 665.44 295.97 202.12 440.86 641.26 391.88 444.00 1,588,438.56 nu 1 7. C. John's Island Water Management, Inc. - Use of Well Located in the Old Winter Beach Road Right -of -Way (SJRWMD) The Board reviewed a Memorandum of March 30, 2002: TO: James E. Chandler County Administrator T, EAD CONCURRENC K ating, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning DATE: March 30, 2002 RE: Board Authorization for John's Island Water Management, Inc. to Continue Using a Well Located in the Old Winter Beach Road Right -of -Way It is requested that the Board of County Commissioners formally consider the following inforntation at the Board's meeting of April 9, 2002. DESCRIPTION AND CONDITIONS Last July, staff reported to the Board that John's Island Water Management, Jnc. (JIW1.1), a subsidiary of the John's Island Property Owner's Association (POA), has an irrigation well located in the right-of-way of Old Winter Beach Road south of Jungle Trail (see Attachment 1). In 1990, the Town of Indian River Shores granted JIWM a "non -potable water franchise" to use the well (see Attachment 3). In turn, the St. Johns River Water Management District (SJRWMD) issued a consumptive use permit to JIWM in 1990, authorizing JIWM to use the well. Last year, the SJRWMD, in learning that the well is located in County right-of-way, requested that the County formally authorize JIWM to continue its use of the well. At the Boards July 3, 2001 meeting, staff recommended that the Board approve JIWM's continued use of the well. However. the Board withheld its decision on whether or not to allow the well pending more information as to JIWM's opportunity to use, as an alternative, reclaimed "gray" water from the City of Vero Beach (see 7 3/01 Board meeting minutes, Attachment 2). Staff has obtained more information on JIWM's opportunity to use altemati-,e reclaimed water and is now reporting back to the Board for further consideration of the matter. April 9, 2002 12 • ANALFSIS James Holier. Ltilities Manager for the Johns Island POA, has advised staff that the well in the Old Winter Beach Road right-of-way is a `backup" well for imgation. Mr. Moller indicated that the POA primarily buys and uses reclaimed water from the City, but at certain times of the year (i.e., in the summer) tzere is not enough reuse water available, and the POA must rely on the well during those times. Mr. Moller explained that the reuse water is of higher quality for irrigation than the back-up well and therefore use of the well, although necessary during shortfalls of reclaimed water availability, is not preferred, compared to reclaimed City water. Since the referenced well is not a principal irrigation source for TIV , staffs position is L at the Board should authorize JIWM to continue to use the Old Winter Beach Road well. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize staff to notify the SJRWMT) that JIWM is authorized to continue its use of the subject well in the Old Winter Beach Road right-of-way, with the following condition: • That JIWM use the well only as a backup source for irrigation when reclaimed water is unavailable. ATTACHMENTS Survey of Old Winter Beach Road showing well location Excerpt of 7/3/01 BCC nunutes Town of Indian River Shores Ordinance No. 385, granting JIWtM an irrigation water franchise April 9, 2002 13 Ol 1'o • , j CYOK FO rre Y3+.¢x PIO • ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously authorized staff to notify the St. Johns River Water Management District that John's Island Water Management, Inc. is authorized to continue its use of the subject well in the Old Winter Beach Road right- of-way, with the condition that JIWM use the well only as a backup source for irrigation when reclaimed water is unavailable, as recommended in the memorandum. 7.D. Florida Communities Trust (FCT) - Conceptual Approval Agreement and Confidentiality Agreementfor Cost -Share Acquisition of the Hallstrom Farmstead The Board reviewed a memorandum of March 27, 2002: TO: James E. Chandler County Administrator IENT HEAD CONCURRENCE: obert M. eating, AICP Community Development Directir FROM: Roland M. DeBIoi AICP Chief, Environmental Planning DATE:March 2?. 2002 RE: Approval of Florida Communities Trust (FCT) Conceptual Approval Agreement and Confidentiality Agreement for Cost -Share Acquisition of the Hallstrom Farmstead It is requested that the Board of County Commissioners foiittally consider the following info uuation at the Board's regular meeting of April 9, 2002. April 9, 2002 15 nil • DESCRIPTION AND CONDITIONS In November 2001, Indian River County, in coordination with the Indian River County Historical Society, was awarded a Florida Communities Trust (FCT) .15% cost -share grant for purchase of the Hallstrom Farmstead project on south Old Dixie Highway (see attached map). The —90 acre project was initially approved for "contingency funding," meaning that it would only be funded by the FCT if money became available due to adjusted funding needs of higher ranked projects. Recently, county staff was advised by the FCT that funding has in fact become available, and the Hallstrom Farmstead is now officially eligible for funding. Since November. FCT staff has visited the Hallstrom project site with county staff to verify site conditions as represented in the project application. The County is also in the process of obtaining two independent appraisals of the property. In accordance with State procedures, the next step is for the FCT Governing Body and the County to execute a "Conceptual Approval Agreement" (CAA) for the cost -share funding project. In accordance with FCT procedures, the County is also required to execute a Confidentiality Agreement, identifying individuals who will be privy to appraisal infouiiation and obligated to maintain confidentiality prior to the sellers' execution of purchase option agreements. Attached is the CAA and Confidentiality Agreement for the Board's approval consideration. ANALYSIS • Conceptual Approval Agreement the CAA consists of standard Language and conditions pursuant to Rule 9K-4. Florida Administrative Code, which is the rule that sets forth FCT program procedures. The Agreement consists of ten main sections, as follows: I. General Conditions II. Audit Requirements III. Requirements that Must be Met Prior to Initiation of Project Site Negotiation IV. Management Plan Approval V. Project Plan Approval VI. Project Site Acquisition Requirements Imposed by Chapter 259 and Chapter 330, Part III, F.S. VII. Obligations of the FCT Recipient as a Condition of Project Funding VIII. Obligations of the Recipient Relating to the Use of Bond Proceeds IX. Disallowable Activities/Remedies X. Conditions Particular to the Project Site Plan that Must be Addressed in the Management Plan The General Conditions section of the agreement contains standard language pertaining to timing and coordination of steps between the County and FCT, and among other things identifies the key contact from the County for purposes of coordinating project activities. The Audit Requirements section specifies audit requirements under Section 215.97, F.S., the Florida Single Audit Act. Requirements that Must be Met Prior to Initiation of Project Site Negotiation: this section identifies the representative of the County authorized to execute documents associated with the project. (Consistent with past FCT projects, the Board Chairman is proposed as the County's representative, subject to full Board authorization). Additionally, this section identifies the County's acquisition agent (FloridAffinity, Inc.) and also specifies FCT acquisition and negotiation procedures, identifying infoiniation that the County is April 9, 2002 16 n urn rt • • obligated to provide to the FCT relating to acquisition (i.e.. title reports, appraisals, purchase agreement). This section provides that a Confidentiality Agreement (attached) must be executed prior to purchase negotiations. The Management Plan Approval section outlines required elements of a conceptual management plan that must be completed prior to closing. Project Plan Approval outlines County documents required prior to ECF disbursement of State funds, including a statement of total project costs, a siurned agreement for acquisition, a certified survey, title insurance and an environmental assessment • Project Site Acquisition Requirements Imposed specifies that the local recipient (the County) will reversionary interest. A Grant Award Agreement, wh to be recorded upon closing. by Chapter 259 and Chapter 380, Part 1II, F.S. have title to the project. and that State will have a ch spells out conditions of the grant award. is required Obligations of the FCT Recipient as a Condition of Project Funding ensures that any use of project property once acquired will be consistent with the adopted management pian. or. if changes are proposed, that F( I' approval is first obtained. Obligations of the Recipient Relating to the Use of Bond Proceeds requires the County to notify FCT if any use of project property is proposed that may affect State bond proceeds used in acquiring the property, with respect to legal and tax consequences. This section also outlines disallowable activities. "Disallowable activities" are specifically listed and include the operation of concessions on the property, and "any use of the project site by any person other than in such person's capacity as a member of the general public". Disallowable Activities/Remedies provides that the County will cease any disallowable activities on the project property upon written notification from the FCT, as applicable, and that the FCT will be held harmless from all claims relating to disallowable activities. This section also provides that the FC 1 has the nght to seek an injunction against the County for any disallowable activities. Conditions Particular to the Project Site Plan that Must be Addressed in the Management Plan reflects information presented to FCT in the grant application, including revisions deemed appropriate by the FCT, relating to proposed site improvements and use. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Conceptual Approval Agreement and Confidentiality Agreement for the Hallstrom Fai instead project, and authorize the Board Chairman to sign the Agreements. ATTACHMENT 1. Map o1 the Hallstrom Fat instead project. Z. Conceptual Approval Agreement. 3. Confidentiality Agreement. April 9, 2002 17 D4 i ON MOTION by Commissioner Ginn, ShCONDED BY Commissioner Adams, the Board unanimously approved the Conceptual Approval Agreement and Confidentiality Agreement with Florida Communities Trust (FCT) for the Hallstrom Farmstead project, and authorized the Chairman to execute same, as recommended in the memorandum. CONFIDENTIALITY AND CONCEPTUAL APPROVAL AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.E. Revised Interlocal Agreement - Florida Department of Transportation, City of Vero Beach, City of Sebastian, City of Fellsmere, Town of Indian River Shores, Town of Orchid, School District of Indian River County - Creation of the Indian River County Metropolitan Planning Organization - (Two Additional Voting Members) The Board reviewed a memorandum of March 9, 2002: TO: FROM: DATE: James E. Chandler County Administrator Robert M. Keating, AICP /LA/1 K Community Development Director March 9, 2002 SUBJECT: Appro,a1 of Interlocal Agreement for the Creation of the Indian River County Metropolitan Planning Organization It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meetinL of April 9, 2002. April 9, 2002 18 rt/ [r°ii • DESCRIPTION AM) CONDITIONS: When the Indian River County Metropolitan Planning Organization (MPO) was formed in 1993, an apportionment plan was developed to establisn the structure and representation of the MPO Policy Board. The MPOs 1993 (original) apportionment plan provided voting representation for the County, Vero Beach, Sebastian. Fellsmere, and Indian River Shores. In addition, the plan provided for the Indian River County School District (IRCSD), the Town of Orchid, and the Florida Department of Transportation, District Four. to he nonvoting MPO members. Recently, the City of Sebastian requested additional voting membership on the MPO Board to reflect the City's growth since 1993. After analysis of this request and consideration of applicable state and FDOT regulations, MPO staff prepared a 2000 apportionment plan which was approved by the MPO at its January 10. 2001 meeting. The 2000 plan (attached) differs from the 1993 plan by the addition of two additional voting members to the MPO Board. One of these is from the City of Sebastian. while the other is from the Indian River County Board of County Commissioners. Since the MPO's approval of the 2000 apportionment plan, the following activities have occurred: • • • • Consistent with state statutes. a copy of the adopted apportionment plan was sent to each of the MPO member jurisuictions with a request [hat each accept or reject the NIPO's proposed 2000 apportionment plan. Acceptance resolutions were adopted by the County, the Cities of Vero Beach. Sebastian and Fellsmere, and the Towns of Orchid and Indian River Shores. A copy of the MPO s 2000 apportionment plan and the acceptance resolutions were sent to the Florida Department of Transportation (FOOT) and the Governor's office. In November, 2001, the Governor's office approved the MPO's 2000 apportionment plan. In February, 2002. FDOT approved a revised Interlocal Agreement - the document which must be executed by all local governments within [he MPO area in order for the Apportionment Plan changes to be put in effect. ANALYSIS: To finalize the process of adding an additional voting member from the City of Sebastian and an additional voting member from Indian River County each of the MPO member jurisdictions must now execute a revised INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION. To implement the new apportionment plan and idd an additional voting member from the City of Sebastian and an additional voting member from Indian River County, the revised agreement must be approved in the same manner as the original agreement. A copy of the revised agreement is attached to this staff report. This agreement, between FOOT rnd each of the MPO member jurisdictions, is essentially the same document that formally established the MPO in 1993. The only substantive change from the 1993 agreement is the addition of the additional voting members to the MPO. In order to implement the 2000 MPO Apportionment Plan, staff recommends that the Board approve the attached Interlocal Agreemcnt. April 9, 2002 19 0!! Lk i J RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Interlocal Agreement for creation of the Indian River County Metropolitan Planning Organization and authorize the Chairman to execute the azreement. Attachment: Interlocal Agreement for Creation of the Indian River County Metropolitan Planning Organization ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved the Revised Interlocal Agreement for creation of the Indian River County Metropolitan Planning Organization and authorized the Chairman to execute Memorandum. same, as recommended COPY OFF-PARTI-ALLY-EXECUTED•AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD in the 7. F. Bid #4049 - Furnish and Install Galvanized Fence at North Sebastian Conservation Area and Flinn Tract Conservation Area (Parks Division) The Board reviewed a memorandum of April 1, 2002: DATE: April 1, 2002 TO: BOARD OF COLITY COMMISSIONFRS THROUGH: James E. Chandler, County Administrator Thomas Frame, General Services, Director . April 9, 2002 20 270 • • FROM: Fran Powell. Purchasing Manager SUBJECT: IRC Bid # 4049 Furnish and install galvanized fence at two (2) IRC conservation areas Public Works Department / Parks Division BACKGROUND: The Public Works Department / Parks Division has requested the installation of galvanized fence at the North Sebastian Conservation Area and at the Flinn Tract Conservation Area. The bid results are as follows: Bid Opening Date: Advertising Dares: DernandStar Broadcast to: Specification s requested by: Replies: BID TABULATION: March 20, 2002 March 1 and 8, 2002 Two Hundred Forty Five (245) vendors Twelve (12) vendors Three (3) vendors ESTFVIATED BUI )GET: 522,000.00 TOTAL AMOUNT OF BLD: $19,141.40 SOURCE OF FUNDS: 125-146-539-038.13 Land Acquisition Other Contractual RECOMMENDATION: Staff recommends that the bid be awarded to Optimum Services. Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. Commissioner Adams understood and wished to clarify that the North Sebastian portion of this fence bid involved the Kirrie property. April 9, 2002 21 Vendor Fence for North Sebastian Fence for 1 Total Bid Amount Flinn Tract Optimum Services Inc 514,797 20 54,344.20 S19,141.40 Okeechobee, FL Kevin's Fence Inc $18,824.00 36,136.00 324,960.00 Sanford, FL Honda Sunrise Homes Inc 20.707.50 $8,000.00 528707.50 Melbourne, FL ESTFVIATED BUI )GET: 522,000.00 TOTAL AMOUNT OF BLD: $19,141.40 SOURCE OF FUNDS: 125-146-539-038.13 Land Acquisition Other Contractual RECOMMENDATION: Staff recommends that the bid be awarded to Optimum Services. Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. Commissioner Adams understood and wished to clarify that the North Sebastian portion of this fence bid involved the Kirrie property. April 9, 2002 21 Environmental & Code Enforcement Chief Roland DeBlois specified that environmental planning has been coordinating with the Parks Division to make sure that there is no conflict with that issue until it is resolved. Primarily the eastern boundary, along the railroad tracks and other problem areas are going to be fenced. Staff is waiting for a resolution of the problem before doing the 130`'' Avenue portion. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Tippin, the Board unanimously awarded Bid #4049 to Optimum Services, Inc., for a total in the amount of S 19,141.40, as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum. BID DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO TLIE BOARD WHEN RECEIVED 7. G. Resolution No. 2002-019- Traffic Control Device Ledger The Board reviewed a Memorandum of March 19, 2002: TO: THROUGH FRONT: SUBJECT: DATE: James E. Chandler, County Administrator : James W. Davis, P.E. Public Works Director Christopher R. Mora, P.E. County Traffic Engineer Traffic Control Device Ledger March 19, 2001.. CONSENT AGENDA April 9, 2002 22 • • DESCRIPTION AND CONDITIONS The Public Works Director is to provide a Traffic Control Device Ledger update every six months, for ratification by the Board of County Commissioners as specified in Section 312.18 of the Indian River County Code. The last ledger update was completed and approved by the Board in October. 2001. RECOMMENDATIONS & FUNDING It is recommended that this ledger update be approved. There is no funding impact generated by this action. ATTACHMENT Draft Resolution and Ledger Documents ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously adopted Resolution No. 2002- 019 approving the traffic control devices authorized by the Director of Public Works. RESOLUTION NO. 2002-019 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING TRAFFIC CONTROL DEVICES AUTHORIZED BY THE DIRECTOR OF PUBLIC WORKS WHEREAS, the Board of County Commissioners has directed the Director of Public Works to maintain a ledger listing the traffic control devices in the unincorporated area of the County (Section 312.18, Indian River County Code); and WHEREAS, the code requires this ledger to be presented to the Board of County Commissioners for approval; and WHEREAS, the ledger has been presented and is attached as Exhibit "A" to this Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: April 9, 2002 23 flu Cit The Board of County Commissioners hereby accepts and approves the traffic control device ledger which is Exhibit "A" to this resolution. The resolution was moved to adoption by Commissioner motion was seconded by Commissioner vote was as follows: Adams Chairman Ruth M. Stanbridge Vice Chairman John W. Tippin Commissioner Fran B. Adams Commissioner Caroline D. Ginn Commissioner Kenneth R. Macht Aye Aye Ave Aye Aye Ginn and the , and, upon being put to a vote, the The Chairman thereupon declared the resolution duly passed and adopted this 9th day of Apri Attest: J. K. Barton, Clerk By,Bice. Deputy Clerk , 2002. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ;-� t /17- Ruth M. Stanbridge Chairman EXHIBIT "A' IS ON FILE WITH THE ORIGINAL RESOLUTION IN THE OFFICE OF THE CLERK TO DIE BOARD 7.H. Renewal of Commercial Lease Agreement at the Vero Beach Municipal Airport - Informational Item from Sheriff Roy Raymond The Board reviewed letters of February 19 and February 21, 2002: April 9, 2002 24 • ijcrtU ROY RAYMOND • LIVD/7 `� n;VER CCU `in/ MCGOCr r'.Jn,C I ICMrr iA".; NIrNIL-I Ui HAT,JE.o. ..uF) ..;;fir_ A .UN ;p'„ 41st AVENUE February. i9, 2002 VERO BEACH. FLO?IDA'22463-18tH City of Vero Beach Municipal Airport P.O. Box I3S9 Vero Beach. Florida =2961-I3Sv Re: Renewal or -Commercial Lease Agreement Located at the Vero Beach Municipal Airport. Dear Sir: PHONE (tiff 1) Sb'3-n7OC As you know. Indian River County, as Tenant and the City of Vero Beach, as La:.dlord, entered into a Commcrcial Lcasc Atrccrncnt dated March 19, 1997, for land and building space Located at :he Vero Beach Municipal Airport for the use or the incian Riser County Sheriff's Off -ice ("Lease") On behalf of Indian River County, desired that the Lease be renewed with paragraph 2 (b) of t`:e Lease. as Tenant, under the Lease, p'Hease be adviser' that It is for an additional term of five (5) years in accordance Thank you for you, attention in this matter. Sincerely, Roy Raymond, Sheriff RR::nes, Nt..Auher hhc :'_'rd Intcrnation:ath ,\LcrcdIicd Law I.nl ,rcvtnenc,\Ucncy Accredited by [he ('nmmi Yaos1 on \CCrC1IiUtiini ter 1.aW Enl'orcculcnl \eencm� April 9, 2002 25 nen t-por a ed C!i • sheriff ROY RAYMOND • INDIAN RIVER COUNTY PLOIIIv.. HAI I.)IAA I it l*.urr.1 A' I; AIIUOi W55 41:j1 AVENUE February 21, 2002 VERO BEACH. FLORIDA 32000-1808 Mr. Joseph A. Baird, Assistant County Administrator Indian River County 1840 2.5'I' Street Vero Beach, FL 32960-3365 Re: Renewal of Commercial Lease Agreement Located at the Vero Beach Municipal Airport Dear Mr. Baird: "NONE (561) 560-6700 Attached please find my letter to the City of Vero Beach expressing our desire that our lease at the Municipal Airport be renewed far an additional tern of five years. I am forwarding this to you as an informational item for the Board of County Commissioners. Sincerely Roy Raymond, Sheriff RR:mej Attachments cc: M. Asher The l7Jrd Internutlonall% Accrediteit Law 1•:nfortemen( .\gencv \circ cited by the LVnlrhs,.91on on:\ccrcditation for Law l nfnrtcment ,\1encic. Incorporated NO BOARD ACTION REQUIRED April 9, 2002 A COPY OF TFIE COMMERCIAL LEASE AGREEMENT APPROVED MARCH 19, 1997, IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 26 • • 7.1. Environmental Learning Center - Landfill Assessments on Leased Property Payment Schedule The Board reviewed a Memorandum of March 28, 2002: To: Members of the Board of County Commissioners Through: Joseph A. Baird Assistant County Administrator From. Jason E. Brown Budget Manager /r Date: March 28, 2002 Subject: Environmental Learning Center - Landfill Assessments on Leased Property Descriptions & Conditions The Environmental Learning Center (ELC) leases a fifty-one (51) acre parcel located on Wabasso Island from Indian River County for a nominal fee of $1.00 per year. In accordance with the lease agreement, the ELC has the responsibility of paying the annual landfill assessment on tie property. The County has paid this assessment for the last several years, but has not invoiced the Environmental Learning Center for this amount in accordance with the lease agreement. As a result, four (4) years of landfill assessments are now due from the ELC totaling $2 918.90. On December 11, 2001, staff sent a letter notifying the ELC of this issue. The ELC has proposed a payment schedule of $500.00 per year until this back payment is paid in full. Staff has no objection to the proposed payment schedule. The Environmental Learning Center operates under a tight budget. The Executive Director has indicated that an unexpected expenditure of this amount is difficult to manage within the current budget. In order to alleviate any financial burden placed on the ELC, staff recommends approval of the proposed payment schedule. Under this schedule, the ELC will pay $500.00 per year until the $2,918.90 is paid in full. ELC is obligated to pay ail future landfill assessments when due, as provided in the lease agreement. Recommendation Staff recommends that the Board of County Commissioners approve the payment schedule as presented above. Under this schedule, the Environmental Learning Center will pay the County $500.00 per year until the entire balance of $2,918.90 is paid in full. Additionally, the ELC is obligated to pay all future landfill assessments when due, as provided in the lease agreement. Attachments Letter from ELC, dated March 26, 2002 Letter from IRC, dated December 11, 2002 April 9, 2002 27 c� r x7 7 ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved the payment schedule as presented, that is: the ELC will pay the County 5500.00 per year until the entire balance of S2,918.90 is paid in full, as recommended in the memorandum. The ELC is obligated to pay all future landfill assessments when due, as provided in the lease agreement. 7.J. Request for Proposals for ADA Study Update Authorization to Issue The Board reviewed a Memorandum of April 3, 2002: Date: April 3, 2002 To: The Honorable Board of County. Commissioners Thru: James E. Chandler, County Administrator From: Thomas W. Frame, General Services Director aild-I/A) Subject: Authorization Issue Request for Proposals for ADA Study Update BACKGROUND: In recent months, the County has been is discussions with representatives of Treasure Coast Wheelchair Group and their legal representatives relative to the County's compliance with the Americans with Disabilities Act (AD -V) In 1992, the County prepared a transition plan and the adopted a self-evaluation plan in 1993. All the work performed on these plans were all done in-house and a significant amount of improvements were made on County Facilities based on these plans. With the passage of time some updating may need to be done. More specifically, an independent evaluation may be more supportable by the members of the community with specific disabilities if an independent person or group performed that analysis Currently, there are funds that have accrued for addressing ADA issues and improvements. It is probably in the County's best interest that an up -date be done by independent sources. April 9, 2002 28 • • RECOMMENDATION: Staff recommends that the General Services Department be authorized to solicit services of an ADA consultant to update the County's ADA plans through the issuance of a Request for Proposals. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously authorized the General Services Department to solicit services of an ADA consultant to update the County's ADA Plans through the issuance of a Request for Proposals, as recommended in the memorandum. 7.K. Cal Builders Subdivision - Final Plat Approval Requested by Cal Builders, Inc. The Board reviewed a Memorandum of March 25, 2002: TO: James E. Chandler County Administrator /DEPARTMENT HEAD CONCURRENCE: U C! 717/ Community ��i�/ o6crt M. Keating, MCP� Community Development Director THROUGII: Stan Boling, AICP Planning Director FROM: Joan McCoy, AICP? ,\'17-1\_ Senior Planner, Current Development DATE: March 25. 2002 SUBJECT: Cal Builder's Request for Final Plat Approval for Cal Builders Subdivision April 9, 2002 29 It is requested that the data herein presented by given formal consideration by the Board of County Commissioners at its regular meeting of April 9. 2002. DESCRIPTION AND CONDITIONS: The Cal Builders subdivision is a 1 lot plat of 1 61 acres of commercially zoned land_ The subject site is located on the east side of Old Dixie Highway across from 1s` Avenue S.E., and is zoned CH (Heavy Commercial). Platting is required under county subdivision ordinance requirements to legalize and "make buildable" the 1.61 acre parcel. Once the final plat is approved. the owner may proceed with development of the parcel. On August 9, 2001, the Planning and Zoning Commission granted preliminary plat approval for the Cal Builders subdivision. The developer, Cal Builders, Inc., is now requesting final plat approval and has submitted a final plat in confoiniance with the approved preliminary plat. ySIS: The entire subject parcel is to be developed through the site plan process. Site plan approval was granted on August 9. 2001, subject to a condition that the owner obtain final plat approval to legalize the parcel by conforming to county subdivision regulations. Thus if the final plat is approved, the applicant may commence improvements on the site in accordance with the approved site plan. All site improvements will be governed under the site plan development and certificate of occupancy (C.O.) procedures. Therefore, no contract for construction or warranty and maintenance agreement is required as part of the final plat application/request. All applicable final plat requirements are satisfied for final plat approval. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners grant final plat approval for the Cal Builders final plat. ATTACHMENT: i. Application 2. Location Map 3. Plat Graphic ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously granted final plat approval for the Cal Builders final plat, as recommended in the memorandum. April 9, 2002 30 • • 7.L. Sheriff Roy Raymond - U.S. Department of Justice, Bureau of Justice Assistance Bulletproof Vest Partnership Program - Request for Grant Dollars The Board reviewed a letter of April 01, 2002: Sijerttf ROY RAYMOND • INDIAN RIVER COUNTY MEMPEEI FLOPIOA SHERIPF. ASSOCIATSEN 'AEMBE9 OF NATIONAL SHERIFFS AOSOCIA`IQN 4055 41st AVENUE April 01, 2002 VERO BEACH, FLORIDA 32960-1808 PHONE (56 56'9-6700 Honorable Ruh M. Stanbridge, Chairperson Board of County Commissioners Indian River County 1840 25th ,Street Vero Beach, Florida 32960 Dear Commissioner Stanbridge: Indian River County and the Sheriff's Office have the oppc rtun_ity to request grant dollars for the purchase of replacement bulletproof vests through the U.S. Departrncnt of jusvice, Bureau 4 justice Assistance Bulletproof Vest Partnership Program_ The grant will reimburse up to 50% of the total costs of approved body armor over a four year grant funding period. Unlike many previous grants, the county can supplant local dollars and providc required s ifety equipment for our law enforcement officers at a substantial savings to die citizens of Iridian River Courts. The manufacturers of bulletproof vests guarantee their product for a service life of five years. Currently, the Sher ff's Office replaces one fifth (1/5) of the agencies vests annually through We normal br dgct process. The Sheriff's Office has 190 positions for which bulletproof vests are 'sst ed to its law errforccrncnt deputies at a net replacement coat of $473.50 per vest for a total agency -wide replacement cost of $89,965. By the close of the grant, the Indian River County tax -pavers could realize a potential savings of $44,982.50, Again, I reiterate, these funds can be used to supplant local funds and the re rnhurscmcnt would be paid directly to Indian River County for budgeted expenses incurred through the normal ongoing replacement of bulletproof vests. April 9, 2002 31 8 1 Attached, are documents and information required for completion of the online application process. We request this item be placed on the agenda under Constitutional Officers for the Board of County Commissioners meeting scheduled for April 9, 2002. Should you have any questions, feel free to contact Lieutenant Kenneth Hamilton at 978- 6316 Thank you for your assistance. Sincerely, Roy Raymond, Sheriff Indian River County Illy ] n Tn Attachments cc: Fran Adams, Commissioner Caroline Ginn, Commissioner Ken Macht, Commissioner John Z ippin, Commissioner The 173rd Internationally Accredited Law Enforcement Agency Accredited by the Commission on Accreditation for Law Enforcement Agencies. Incorporated ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved completion of the online application process to obtain grant dollars for the purchase of replacement bulletproof vests through the U. S. Department of Justice, Bureau of Justice Assistance Bulletproof Vest Partnership Program, as requested in the letter. April 9, 2002 32 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2002-017 - AMENDMENT TO AFFIDAVIT OF EXEMPTION REGULATIONS OF LDR SECTIONS 911.06(4) AND 913.06(5) (Legislative) PROOF OF PUBLICATION IS ON FILE IN [HE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed a Memorandum of April 1, 2002 and explained how the affidavit of exemption would affect properties whether in or out of the urban service area. TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: r—/ Robert M. Keating, Community Development Director A_ /C. FROM: Stan Bohm?, AICP Planning Director DATE: April 1, 2002 SUBJECT: Request to Amend the Affidavit of Exemption Regulations of LDR Sections 911.06(4) and 913.06(5) It is requested that the data herein presented be given foiuial consideration by the Board of County Commissioners at its meeting of April 9, 2002. BACKGROUND Last summer and fall, county staff, the Professional Services Advisory Committee (PSAC), the Planning_ and Zoning Commission (P7C), and the Board of County Commissioners (Board) considered changes to the county's affidavit of exemption regulations to allow affidavits of exemption on agriculturally designated lands (lands located outside of the Urban Service Arca). Those proposed changes were initiated by staff based upon comprehensive plan amendments that went into etfect in June 2001. At that time. staff, the PSAC, and the PZC recommended that the Board approve those proposed changes On October 23. 2001, the Board considered those proposed changes, but agreed with some concerns raised by Deputy County Attorney Will Collins. One of those concerns April 9, 2002 33 • related to the fact that the affidavit of exemption process allows for creation of parcels that will not have paved road access. Another concern was that the affidavit of exemption regulations allow staff -level approval of up to 49 parcels covering 245 or more acres without formal infrastructure and without PZC or Board oversight. As a result of those concerns the Board adopted LDR changes which do NOT allow affidavits of exemption in agiiculturally designated areas (see attachment #1). Therefore. the current regulations allow agriculturally designated lands to he divided through the agricultural planned development (PD) process or the conventional subdivision process, but not through the affida%it of exemption process. After the October 23`d meeting, the Board decided to revisit the issue of affidavits of exemption on agricultural lands, and directed staff to analyze the affidavit of exemption process and report back to the Board with recommendations. Staff presented detailed affidavit of exemption information and analysis to the Board at its January 22, 2002 meeting (see attachment #2), at which time the Board directed staff to initiate changes to the affidavit of exemption regulations. Said changes are to allow affidavits of exemption in agricultural areas, with some consideration of limiting the number of parcels created through that process (see attachment #3). As directed by the Board, staff has now drafted changes to the affidavit of exemption regulations Those changes were reviewed by the PSAC at its February 21, 2002 meeting. At that meeting, the PSAC voted 5-0 to recommend that the Board adopt the affidavit of exemption LDR amendment as proposed and recommended by staff (see attachment #5). At its March 14, 2002 meeting the PZC voted 5-1 to recommend that the Board adopt the proposed changes (see attachment #7). The Board is now to consider the new proposed changes and is to adopt, adopt with changes, or not adopt the proposed amendments. ANALYSIS For the reasons outlined in staff's January report to the Board (see attachment #2), staff's position is that affidavits of exemption are appropriate on agriculturally designated lands, given the county s current comprehensive plan policies and staffs experience with such developments. That experience indicates that affidavit of exemption "projects", both inside and outside the Urban Service Area, are small (1-11 parcels) and that the current 49 lot limit on the affidavit of exemption process far exceeds customary proposals. Therefore, it appears that significantly reducing the current 49 parcel Emit to less than 20 parcels would have no effect on customary proposals. In fact, scaling back the limit would ensure that larger projects are reviewed by the PZC and/or the Board (via the agricultural PD or conventional subdivision process) and would ensure that infrastructure improvements, such as paved roads which are not required via the affidavit of exemption process, would be required and provided for such larger projects involving 20 or more parcels. Rased on this analysis, staff has structured the proposed ordinance to set a 19 parcel limit on affidavits of exemption, whether located inside or outside the Urban Service Area. In staffs opinion. a 19 parcel limit is logical based upon the existing LDR threshold level for paving requirements in agricultural areas (areas outside the Urban Service krea) Those requirements are contained in LDR section 954.10(3) (see attachment 44). Under section 954.10(3), projects that generate more than 200 average daily trips and are located in agricultural areas must provide paved parking and driveway areas; projects below that threshold are not required to provide paved improvements. The "more than April 9, 2002 34 • • 200 daily trips" txreshold equates to 20 single family parcels. Therefore, applying the 954.10(3) paving exemption threshold to affidavits of exemption would limit the number of affidavit of exemption parcels to less than 20. Ln the context of affidavits of exemption, 20 or more parcels would cover 100 or more acres. Rased on the 954.10(3) standard, staff has drafted an LDR amendment ordinance that reduces the current affidavit of exemption threshold from "50 or more" parcels to "20 or more" Parcels. As proposed, the LDR amendment ordinance (see attachment #8) also contains the changes that were considered by the PZC last September. Thus, adoption of the proposed ordinance would allow affidavits of exemption on agriculturally designated lands and would limit such projects (as well as affidavits of exemption inside the Urban Service Area) to less than 20 parcels. These proposed changes are consistent with current comprehensive plan policies and direction given by the Board, and would reasonably limit use of the affidavit of exemption process to smaller sized "projects" (creation of 1- 19 parcels). The proposed ordinance does not change the current county -wide requirement that newly created affidavit of exemption parcels front on either a public road or private platted road right-of-waN. Pam Canady, an owner of agriculturally designated property, has proposed that the county affidavit of exemption regulations be changed to allow private access easements in lieu of the frontage requirement (see attachment #6). Staffs experience has been that platted private road right-of-way (no paved road required) is better than use of private easements because the platting requirements of LDR Chapter 913 already contain appropriate right-of-way location, design, and dimension standards. 1 here are no such standards for private easements. Also, platted rignts-of-way are better than private easements because such rignts-of-way are established with a legal mechanism for proper private maintenance, and require county and lot owner approval and notice prior to any possible future changes. This platting process protects the county and lot owners in a manner that cannot be provided by private easements, which could be amended without notice or county review. Therefore, neither staff nor the PSAC rior the PZC support any changes to the frontage requirements for affidavit of exemption lots, and none are proposed. RECOMMENDATION Staff recommends that the Board of County_ Commissioners adopt the proposed ordinance. ATTACHMENTS April 9, 2002 October 23, 2001 BCC Minutes Staff Report for Januarv. 22. 2002 3CC ylecth I Minutes from the January 22, 2002 RCC Meeting LDR Section 954.1013) February 21, 2002 PSAC Minutes Canady "Easement Proposal' Minutes tiom March 14, 2002 PZC Meeting Proposed Ordinance 35 nri Jc; Director Boling responded to questions of Commissioners concerning the urban service area and consideration of geographical boundaries. He thought the limitation to 19 houses would help in the development of very large parcels. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. George Beutell, 500016th Street, stated he was in favor ofthe affidavit of exemption. It was determined that no one else wished to be heard and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Macht, SECONDED by Vice Chairman Tippin, to approve staff's recommendation. Commissioner Ginn advised that she was reluctant to approve this within the urban service area but would vote in favor. She specified she will keep a sharp eye to see if it looks like we are getting into some kind of a problem because of unpaved roads. Chairman Stanbridge wanted to know how and Director Boling advised that it could be Development report to make people aware of it. the public would be made aware of this, included in the quarterly Community THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Adopted Ordinance No. 2002-017 regarding use of the Affidavit of Exemption process for dividing properties, amending the following chapters of the Land Development Regulations (LDRs): Chapter 911, Zoning; April 9, 2002 36 • • and Chapter 913, Subdivisions and Plats; and providing for repeal of conflicting provisions, codification, severability and effective date. ORDINANCE NO. 2002-017 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA REGARDING USE OF THE AFFIDAVIT OF EXEMPTION PROCESS FOR DIVIDING PROPERTIES AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 911, ZONING; AND CHAPTER 913 SUBDIVISIONS AND PLATS; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS CODIFICATION. SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNT\ , FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. Zoning Ordinance section 911.06(4) is hereby amended as follows: April 9, 2002 "(4) Uses. Uses in the agricultural and rural districts are classified as permitted uses, administrative petnrit uses and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings and permitted agricultural uses. No residential development in agriculturally designated areas shall occur unless such development is approved as a planned development and meets the requirements of section 911.14; the following activities shall be exempt from this requirement: (a) Construction of a single-family dwelling unit on a tract or parcel existing on October 1, 1990. (b) Division of a tract or parcel into two (2) lots, each meeting or exceeding the minimum lot size of the agricultural zoning district and meeting the lot split criteria of section 913.06(3); any subsequent split of such property shall require approval in accordance with subdivision ordinance Chapter 913 requirements or planned development requirements. (c) Division of a tract into parcels of at least forty (40) acres in size. (d) Division of a tract via a subdivision plat or affidavit of exemption approved in accordance with subdivision ordinance Chapter 913 requirements " 37 n !.J 1.1 1\ L.. ORDINANCE NO. 2002-017 2. Subdivision Ordinance Section 913.06(5) is hereby amended to read as follows: "(5) Affidavit of exemption An affidavit of exemption from certain requirements of section 913.08 may be applied for in conjunction with proposals to create parcels containing more than two hundred thousand (200,000) square feet. (A) All affidavit of exemption application/requests shall be exempt from the following portions of section 913.08 (Required Improvements): 913.08(1)(A) --Streets 913.08(1)(C) --Utilities systems 913.08(1)(D) --Erosion control provisions 913.08(1)(E)--Stormwater and floodwater management system according to Chapter 930 913.08(1)(F) --Street signs and traffic control markings and signs 913.08(1)(G) --Permanent control points 913.08(2)(A) --Bikeways 913.08(2)(B) --Sidewalks 913.08(2)(C) --Alleys 913.08(2)(D) --Buffering facilities and areas 913.08(2)(E) --Fire hydrants 913.08(2)(F) --Parks and recreational areas and facilities (see section 913.09(20) 913.08(2)(H) --Curbing 913.08(2)(I) --Street lights 913.08(2)(x) --Bridges and culverts when necessary 913.08(2)(L) --Filling and drainage as necessary 913.08(2)04) Traffic control devices as necessary 913.08(2)(N) Header curbs 913.08(2)(R) --Transportation system improvements (off-site and on-site) April 9, 2002 • 38 t • • April 9, 2002 ORDINANCE NO. 2002-017 (B) The following required improvements/design standards shall apply to all affidavit of exemption application/requests: 913.08(1)(B) --Easements 913.08(1)(H) --Rights-of-way 913.08(1)(I) --Trees and vegetation protection 913.08(2)(G) --Beach access structures and areas 913.08(2)(0) --Native vegetation preserve areas 913.08(2)(P) --Environmentally sensitive land preserve areas 913.08(2)(Q) --Emergency access 913.08(2)(S) --Marginal and limited access easements 913.08(2)(T) --Other provisions as may be required by land development regulations 1. Right-of-way width and dedication standards and requirements shall apply to affidavit of exemption application/requests 2_No platting is required unless it is necessary to provide road right-of-way frontage for the proposed parcel(s). (C). 1. No affidavit of exemption development or aggregation of proposed affidavits of exemption shall be approved as an affidavit(s) of exemption if such development proposes the creation of ti ftv (50) twenty (20) or more parcels. Any proposal to create tifty (50) twenty (20) or more building sites via proposed development or aggregation of developments shall constitute a subdivision and shall require approval as a subdivision or agricultural planned development (P D.1. All provisions of this chapter shall apply �h t34ticf t� �t + zenu�(i��n rr tug h� t nx �dnre,ts(i a coon U61 I)�, Each parcel resulting from the proposed division of land shall contains five (5) or more acres. except as allowed below. When the tract prior to dividing is a size which is not an even multiple of five (5) acres and does not lend itself to division into lots each containing more than five (5) acres, a fractional breakdown resulting in lots of equal size not less than two hundred thousand (200,000) square feet in size qualifies for this exemption provision. 3.4. If the developer elects to divide the land by filing a plat, or if road right-of- way is to be created, all requirements of this chapter 913 shall be complied with except for those requirements or provisions specifically exempted in section 913.06(51(A). 39 ORDINANCE NO. 2002- 017 The applicant shall deeds by donation to the county all rights-of-way necessary to comply with the minimum local road right-of-way standards and all streets created are at least the minimum street width required by section 913.09(3)(B). Where a common area( -s) or private road rights-of-way is created, the owner shall establish a landowner's association and simultaneously file a declaration of covenants and restrictions, acceptable in form to the county attorney, in the public records providing for all common areas and rights- of-way to be dedicated to the landowner's association and provisions made for their perpetual maintenance. The plat of applicable) and declaration of restrictions and plat 1 if applicable) shall contain the following language in bold type: "The common areas and rights-of-way are not dedicated to the public and will not be maintained, repaired or improved by the county." The owner shall files a declaration of restrictions prohibiting the voluntary division of land encompassed within the project into lots that are less than lour and seven eighths {4 7/8) ucrestwo hundred thousand (200,000) square feet in size unless such division is accomplished by filing a plat approved by the county and meeting all standards required of subdivisions under this chapter. The owner shall files an "affidavit of exemption" in the public records prior to dividing the land which shall contain: A legal description of the land encompassed within the project and a certified survey depicting all parcels created by the division, all private and public streets and easements; b. The official book, or plat book, and page number of official records of Indian River County where the items required in paragraphs 3, 4, 5 6, and 6 f may be found; and The approval of the public works and community development directors and the county attorney's office. (D)(B4 Application process for affidavit. All applications for affidavits of exemption shall comply with the applicable procedural and informational requirements of section 913.07(3) ' formal pre -application conference" and shall be reviewed and approved by the technical review committee (TRC).' 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the pros inions of this ordinance are hereby repealed to the extent of such conflict. All special Acts of the legislature applying only to the unincorporated portion of the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. April 9, 2002 40 • • ORDINANCE NO. 2002-017 4. Codification The provisions of this ordinance shall be incorporated into the County Code and the word Ordinance" may be changed to "section". "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intentions. 5. Severability If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 6. Effective Date This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press -Journal on the 27th day of Marc 2002, for a public hearing to be held on the 9th day of April . 2002, at which time it was moved for adoption by Commissioner 1lacht , seconded by Commissioner Ti ppi n , and adopted by the following vote: The ordinance was adopted by a vote of Chairman Ruth M. Stanbridge Vice Chairman John W. Tippin Commissioner Kenneth R. Macht Commissioner Caroline D. Ginn Commissioner Fran B. Adams Aye Aye Aye Aye Aye The Chairman thereupon declared the ordinance duly passed and adopted this 9th day of April ,2002. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Attest: J.K. Barton, Clerk --/C z By: _,„,c474 -„e,„ -_,-• Deputy Clerk Ruth M. Stanbridge Chairman Filed with the Florida Department of State on the day of 2002. April 9, 2002 41 ORDINANCE NO. 2002- 017 APPROVED AS TO LEGAL FORM ( (L uta, William G. Collins Deputy County Attorney APPROVED AS TO PLANTING MATTERS 2/ 4" 1{bert M. Keating, AICP Community Development Director Coding: Words in Gtr kc through are deletions from existing law. Words underlined are additions. '12ILESERVERVPUBLIC.CommunitY Dcvclopment. IscrsvCurDev'.ORDIANCfi\atfidav it 0 • exemp.doe.:'.0 9.8.1. PUBLIC DISCUSSION ITEM - REQUEST FROM JAMES D. ST. CLAIR TO DISCUSS "THE NOISE PROBLEM WITH THE ST. EDWARD'S UPPER SCHOOL AIR CONDITIONERS" Not present. 9.B.2. PUBLIC DISCUSSION ITEM - REQUEST FROM BRIAN HEADY TO DISCUSS "GOVERNING BY DECEPTION AND LIES" AND "THE COST TO COUNTY TAXPAYERS OF SUCH MALFEASANCE" Not present. 11.C.1. TRANSFER/ASSIGNMENT OF LEASE FOR THE GIFFORD YOUTH ACTIVITY CENTER General Services Director Tom Frame reviewed a Memorandum of April 1, 2002: April 9, 2002 42 • Date: April 1, 2002 To: The Honorable Board of County Commissioners Thru: James E. Chandler, County Administrator From. Thomas W. Frame, General Services Director <714 -et -e--€4 tc •`_�4�4-c —r Subject: Transfer/Assignment of Lease for the Gifford Youth Activity Center ATTACHMENTS: 1. Letter fotnt Carter Hopkins dated March 13, 2002; 2. Copy of Letter from Arthur .1 Harris President of Progressive Civic League of Gifford, Florida, Inc.. to Attorney Sam Block related to action taken by Progressive Civic League of Gifford on December 17, 2001: 3. Copy of Articles of Incorporation for Gifford Youth Activity Center, Inc.; 4. Copy of Bylaws of Gifford Youth Activity Center. Inc.; s. Copy of Articles of Incorporation for Gifford Youth Activity Center Foundation, Inc.; 6. Copy of Bylaws of Gifford Youth Activity Center Foundation, Inc.; 7. Copy of Existing Lease between Indian River County and Progressive Civic League of Gifford, Florida, Inc. BACKGROUND: \ttached, please find a letter from iv[r. Carter Hopkins relative to the Gifford Youth Activity Center (GMAC). In essence, it is the desire of GYAC to be able to either be assigned the lease between the Indian River County and the Progressive Civic League of Gifford, Florida. Inc., or enter into a new lease with the County. The second part of the request is to extend the tem' of the lease from its present 20 -year tetui to one that is forty (40) to fifty (50) years in length. RECOMLLIENDATION: Since there is support from the Progressive Civic League of Gifford, Florida, Inc., to transfer the operations to the Gifford Youth Activity Center Inc., staff needs directions as to the Board's desire relative to the transfer (or new lease) and length of the tenni for the lease. Commissioner Adams was pleased that the Gifford Youth Activity Center is moving forward by incorporating. She preferred to have a new lease for the facility in order to update it on indemnification and other matters. She suggested the County Attorney look over the old lease with Mr Carter Hopkins, then draft and bring back a new lease to the Commissioners. Commissioner Macht thought the term of the lease should be conceptually agreed upon and suggested 40-50 years is very common. The stability ofyears is necessary in order to attract contributors and obtain financing. April 9, 2002 43 n 4.+ • Commissioner Adams preferred to see a lease for 20 years and Commissioner Macht gave assurances that under a longer term lease, the County would have the option to terminate if necessary. Commissioner Ginn indicated she would favor 40 years. She pointed out that Section 2 of the GYAC by-laws speaks of mortgaging and disposing of property. She wanted it clear that County property cannot be encumbered. Carter Hopkins, 1580 Gracewood Lane, explained that part of the ability to raise funds allows contributions of cash, stock, and real estate. The clause in the by-laws pertains to that type of asset (real estate). Obviously the County property could not be mortgaged by the GYAC. Commissioner Ginn asked that an annual audit be included in the new lease. Mr. Hopkins explained that GYAC has been operating under the Progressive Civic League of Gifford's "umbrella" which has been audited in the past. Assistant Administrator Baird advised that all non -profits that receive County funds are audited. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously directed that the County Attorney's office work with Mr. Carter Hopkins on a new lease for the Gifford Youth Activity Center which shall be brought back to the Board for their consideration. April 9, 2002 44 iii • • 11.C.2. AUTHORIZATION TO SELL COUNTY -OWNED REAL PROPERTY TO HIGHEST BIDDER - LOTS 185,199, AND 200, BLOCK 14, W. E. GEOFFREYS SUBDIVISION General Services Director Tom Frame reg iewed a Memorandum of April 1, 2002: Date: April 1, 2002 To: The Honorable Board of County Commissioners Thru: James E. Chandler, County Administrator From. Thomas W. Frame, General Services Director .-ILtizd cz, Subject: Authorization to Sell Real Property to Highest Bidder BACKGROUND: Attached Exhibit "A" depicts a portion of land located near the northeast intersection of U.S. 1 and 37th Street. The property shown in yellow is property that is currently owned by Indian River County. The County gained ownership of this property through delinquent taxes. The exact owned portion is Lots 185, 199 and 200 of Block 14, W.E. Geoffrey's Subdivision. And, the County owns the east one-half of vacated 19`h Avenue lying between 37`s Street and 37"' Place. A portion of lots 199 and 200 halie been acquired for the additional right-of-way of 37"' Street. General Services was contacted to determine if there was any desire on the part of the County to sell this property. In response to the inquiry, the departments within the County were asked if there was any need to keep this property for governmental purposes. Utility Services through Erik Olson and Steve Doyle responded to the need for a regional lift station site. Currently, the property value that is carried by the Property Appraiser is 574,430. If the County were to consider selling the property, it is required to sell by publishing a notice for two weeks in the newspaper calling for bids for the purchase of the real estate. In the case of a sale, the bid of the highest bidder complying with the terms and conditions set forth in such notice shall be accepted, unless the Board of County Commissioners rejects all bids because they are too low. It is suggested that should a sale be authorized, the minimum sale price be set at 585,652, which is 15 above the just value established by the Property Appraiser. Additionally, the sale should be subject a utility easement of 25 feet by 30 feet to be located on either Lot 199 or 200. The Florida Statutes also authorizes the use of a bid bond should the Board so desire. RECOMMENDATION: Authorize the sale of the property (Lots 185, 199, 200 and easterly portion of vacated 19th Avenue) by the use of sealed bids properly advertised and including a minimum bid amount of S55,652 with the bid to be awarded to the highest bidder. That any sale be subject to a utility easement for a lift station to be not larger than 25 feet by 30 feet on either Lot 199 or 200. The use of a 10 % deposit be a required bid bond. April 9, 2002 45 In response to Commissioner Adams' question concerning a lift station, Director Frame advised that, according to the Utilities Department's staff, the area needed would be 25' x 30' and staff would attempt to work with the purchaser in order to maintain an easement for that purpose. Commissioner Adams thought it would be wise to determine the area and location first and Director Frame agreed that could be included in the bid documents. There was a brief discussion concerning sealed bid versus auctioning the property. He was aware of interest by nearby property owners, but because of their size, Director Frame was unsure how marketable these 3 lots would be. Because of the limited market, Commissioner Adams believed an auctioneer would have the ability to market the lots better. Director Frame felt the sealed bid would be easier to manage, but he would be happy to look at the auction process if that was the Board's pleasure. Administrator Chandler explained why staff reached their conclusion that the sealed bid process would be better and why there would not be much advantage to go the auction route in this particular instance. Commissioner Adams felt the sealed bid process would limit the market and limit the price the County would get; she thought auction was better based on their success a few years ago. MOTION WAS MADE by Commissioner Adams, SECONDED by Vice Chairman Tippet, to approve staff's recommendation. Deputy County Attorney Collins cautioned that there are some statutory procedures in order to surplus property that involve advertising and he thought there were some April 9, 2002 46 • • constraints on how we dispose of surplus property. THE CHAIRMAN CALLED THE QUESTIO\ and the motion carried unanimously. (Authorized the sale of the property [lots 185, 199, 200 and the easterly portion of vacated 19' Avenue] by the use of sealed bids properly advertised and including a minimum bid amount of $85,652 with the bid to be awarded to the highest bidder; any sale shall be subject to a utility easement for a lift station to be not larger than 25 feet by 30 feet on either Lot 199 or 200 [location shall be specified in the bid documents], as recommended by staff. [Note: A 10% bid bond deposit shall be required.]) 11.C.3. CABLE TV FRANCHISE - COMBINE AT&T AND COMCAST CORPORATIONS The Board reviewed a Memorandum of April 2, 2002: Date: April 2, 2002 To: Honorable Board of County Commissioners Through: James E. Chandler County Administrator Through: Thomas W. Frame, Director'/ l/.. �x Department of General Services From. Terry L. Smith, Telecommunications AiIanager�i Department of General Services %"" Subject: Change of Control of CATV Franchise — AT&T and Comcast BACKGROUND: AT&T and Comcast Corporations have announced their intention to combine their Cable TV systems into a new public company, AT&T Comcast Corporation. The initial correspondence from AT&T indicated that in their opinion, the founal approval process was not needed, and that April 9, 2002 47 a notification letter was all that was required in this case. Indian River County's Attorney disagreed with this conclusion, and a letter has been sent to AT&T requesting the information necessary for the formal approval process. The franchise holder will not change, but the new AT&T Comcast Corporation will become a new indirect parent company for the franchise holder. This resulting change in control will require approval by the Board of County Commissioners. Indian River County Ordinance 82-7 states that such approval may not be unreasonably withheld by the Commission and that a public hearing fee up to $500 may be charged. RECOMMENDATION: Based on the opinion of the County Attorney, staff recommends that the Board authorize the scheduling of a public hearing for the consideration of the request for transfer and control of the franchise for Cable TV service in Indian River County. The public hearing date will be set after Indian River County has received and reviewed the form 394 package from AT&T. Staff recommends not charging the S500 00 public hearing fee. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Tippin, the Board unanimously authorized the scheduling of a public hearing for the consideration of the request for transfer and control of the franchise (combine AT&T and Comcast) for Cable TV services in Indian River County to be scheduled after the County has received and reviewed the Form 394 package from AT&T, and the County shall not charge the $500 public hearing fee, all as recommended in the memorandum. 11.G.1. GIFFORD AREA STORMWATER IMPROVEMENT PROJECT - CARTER ASSOCIATES, INC. - RELEASE OF RETAINAGE AND REQUEST FOR FINAL PAYMENT The Board reviewed a Memorandum of April 1, 2002: TO: James Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: W. Keith McCully, P.E., Esq., Stormwater Engineer jeet SUBJECT: APPROVAL OF RELEASE OF RETAINAGE FOR GIFFORD AREA STORMWATER IMPROVEMENT PROJECT April 9, 2002 DATE: April 1, 2002 DESCRIPTION AND CONDITIONS On August 4, 1998, at their regular meeting, the Board of County Commissioners authorized the Chairman to execute the Professional Civil Services Master Agreement, between Carter Associates, Inc. and Indian River County, for the Gifford Area Stounwater Improvement Project. The consultant, Carter Associates, Inc. has completed all work items listed in Work Order No. 4 and has submitted the Final Pay Request for Work Order No. 4, which includes the final retainage. Only Work Order No. 5 remains which is for additional service work related to wetland mitigation peuuitting. This request is to release the contract retainage amount, S4,328.69. RFCOMMENDATIONS Staff recommends the Board of County Commissioners authorize the Chaii rnan to approve and sign this request for Final Payment by Carter Associates, Inc. FUND LNG Funding to be from Account No. 315-243-538-068.11 ATTACHMENTS One copie.. of the Final Pay Request ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Tippin, the Board unanimously approved the request from Carter Associates, Inc. for Final Payment/release of retainage in the amount of $4,328.69, and authorized the chairman to execute same, as recommended in the Memorandum. DOCUMENTATION WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED April 9, 2002 11.G.2. LICENSE FOR USE OF COUNTY RIGHT-OF-WAY FOR A SIGN ALONG INDIAN RIVER BOULEVARD - BRIDGEWATER INVESTMENT, LLC The Board reviewed a Memorandum of March 27, 2002: TO: FROM: SUBJECT: DATE: James E. Chandler, County Administrator James W. Davis, P.E., Public Works Director License Agreement for Bridgewater Investments LLC to Use County Property along Indian River Boulevard March 27, 2002 DESCRIPTION AND CONDITIONS Bridgewater Investments, LLC requests permission to erect a sign within the right-of-way on Indian River Boulevard. The County staff has no objection, and has prepared the attached license agreement. ALTERNATIVES AND ANALYSIS The County property affected is right-of-way along the west side of Indian River Boulevard, south of 17th Street and north of the 14th Street canal. The sign will be placed over 20' ft. from the roadway. .The alternatives are as follows: Alternative No. 1 Approve the License Agreement Alternative No. 2 eny the Agreement. RECOMMENDATIONS AND FUNDING Staff- recommends Alternative If 1 whereby the License is approved. ATTACHMENT License Agreement April 9, 2002 Public Works Director James Davis responded to questions concerning this sign by advising that while the business lees within the City of Vero Beach city limits and the City will have approval under their sign ordinance, the sign will be placed on County right-of- way just west of the swale. Because this area on Indian River Boulevard is particularly wide, the location of the sign for a new office building will give the appearance of being on private property. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Tippin, the Board unanimously approved the License Agreement with Bridgewater Investments, LLC to use County property along Indian River Boulevard, as recommended in the memorandum. (Alternative No. 1) LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.1. RESOLUTION NOS. 2002-020 AND 2002-021 - SEBASTIAN WATER EXPANSION PHASE III -D & E - RESOLUTIONS I AND II The Board reviewed a Memorandum of April 1, 2002: APRIL 1, 2002 JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: PREPARED AND STAFFED BY: W. ERIK OLSON �C_) DIRECTOR OF UTILITY,SERV CES JAMES D. CHASTaN MANAGER OF ASSE DEPARTMENT TTILITY SERVICES LENT PROJECTS SUBJECT: SEBASTIAN WATER EXPANSION PHASE III -D & E INDIAN RIVER COUNTY PROJECT NO'S UW -97 -19 -DS & DS 97-20 DS RESOLUTIONS I AND II April 9, 2002 BACKGROUND On September 29, 1995, Indian River County entered into an Agreement with the City of Sebastian to assume ownership of the City's water distribution and wastewater collection systems. As a part of the contract, the County agreed to expand the water distribution system. On June 18, 1996, the Indian River County Board of County Commissioners approved Staffs recommendation for the County to proceed with the installation of water lines as set forth in the Inter -local Agreement between Indian River County and the City of Sebastian. Said Agreement provided for the transfer of the City of Sebastian's water and wastewater system to Indian River County. On July 24, 2001, at a public hearing, the Board of County Commissioners approved combining Phase's III -B & III -C for construction and bidding purposes. Construction of Phase III -B is complete and III -C should be completed by September 2002. (See attached agenda item and copy of minutes —Attachment 1.) Staff is now ready to proceed with Phase's III -D & IH -E, which will complete the installation of approximately 109.4 miles of water lines in Sebastian Highlands. ANALYSIS Within the Phase III -D & III -E project area. East & West of Laconia Street. between Clearmont Street & Capon Terrace. and between Granduer & Gladiola Avenue's there are 1433 lots and tracts, and approximately 602 homes, to benefit from this project. Typical platted lot sizes are .25 acre, plus or minus. More effective management of project construction, inspections, cash flows, and interaction with property owners is being accomplished by having divided Phases II and III into smaller projects. This has enabled more utility construction contractors to bid on these projects. possibly making the bid process more competitive. The attached map displays the area to benefit from the assessment projects, as divided into parts A, B, C, D & E for Phase III (Attachment 2) This project will provide potable water and fire protection to an area noted for failing well systems. The City of Sebastian is waiting for the completion of the water fine installation in order to complete road & drainage improvements and comply with bonding requirements. Engineering design has been completed by the staff of the Department of Utility Services and we are now ready to begin the assessment process associated with this project, as outlined herein. A summary assessment roll for Phase III -D & E is attached (Attachment 4). The full assessment roll is on file in the commission office. This project is to be paid through the assessment of property owners along the proposed water line route. Financing will be from the assessment fund 473. If needed, inter -fund borrowing will be available from the capacity fee fund 472. The estimated project cost and amount to be assessed for Phase's III -D & III -E is S 3,166,394.30 (rounded) (Attachment -3). The estimated cost per square foot is 50.217507 (rounded). The actual assessed cost. as with any project will be determined based on actual competitive bid prices April 9, 2002 52 3U� Project No. Lots Parcel Nos./ Homes I.D. -ALL OF PHASE Locations SOUTH OF CR 512 & HI IS SOUTHWEST OF BARBER STREET III -A UW -97 -I6 -DS 891 786 / 384 South of Caravan Terrace with Periwinkle Drive along the South & West III -B UW -97 -17 -DS 530 458 / 239 East of Laconia St.& West of Shakespeare Si. Between Crystal Mist & Lanfair Ave's III -C UW -97 -18 -DS 900 822 / 414 Between Laconia & Barber St's , between Bayfront Terrace and Rolling Hills (Lansdowne) 698 639 / 279 East of Laconia St., between Clearmont & Capon Streets. III -D L- W -97 -19 -DS HI -E UW -97 -20 -DS 735 654 / 323 West of Laconia St, between Granduer & Gladiola Avenue's Total 3,754 3,359 /1,639 South of CR 512 and SW of Barber Street Engineering design has been completed by the staff of the Department of Utility Services and we are now ready to begin the assessment process associated with this project, as outlined herein. A summary assessment roll for Phase III -D & E is attached (Attachment 4). The full assessment roll is on file in the commission office. This project is to be paid through the assessment of property owners along the proposed water line route. Financing will be from the assessment fund 473. If needed, inter -fund borrowing will be available from the capacity fee fund 472. The estimated project cost and amount to be assessed for Phase's III -D & III -E is S 3,166,394.30 (rounded) (Attachment -3). The estimated cost per square foot is 50.217507 (rounded). The actual assessed cost. as with any project will be determined based on actual competitive bid prices April 9, 2002 52 3U� • On April 1, 2002, a letter was sent to the City Manager, of the City of Sebastian, with a copy of a draft agenda item and a map of the project area (Attachment 5). RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Resolutions I and 11 and set the public hearing date. LIST OF ATTACHMENTS: I -Minutes of BCC meeting 7-24-01 2 -Map of Project area 3 -Estimated Project cost 4 -Summary assessment roll 5 -Letter to City of Sebastian ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously adopted Resolution No. 2002-020 providing for Phases III -D and III -E water expansion in the City of Sebastian, Florida (east and west of Laconia Street, between Clearmont Street and Capon Terrace, and between Granduer and Gladiola Avenues); providing the total estimated cost, method of payment of assessments, number of annual installments, and description of the area to be served. RESOLUTION NO. 2002- 020 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PHASES III -D AND III E WATER EXPANSION IN THE CITY OF SEBASTIAN, FLORIDA (EAST AND WEST OF LACONIA STREET BETWEEN CLEARMONT STREET AND CAPON TERRACE, AND BETWEEN GRANDUER AND GLADIOLA AVENUES); PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a water main extension for Phase III -D and III -E in the City of Sebastian, Florida, east and west of Laconia Street, between Clearmont Street and Capon Terrace, and between Granduer and Gladiola Avenues. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water line shall be installed to benefit 1433 lots and tracts in the Phase III -D and III -E area, east and west of Laconia Street, between Clearmont Street and Capon Terrace. and between Granduer and Gladiola Avenues in the April 9, 2002 53 Bi1 r U3 • City of Sebastian, Florida, and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206 09 of The Code of Indian River County. 2. The combined estimated cost for projects Phases III -D and III -E is $3,166,394.30 (rounded) For Phases III -D and III -E the estimated cost to be assessed is $0.217507 (rounded) per square foot to be paid by the property specially benefited as shown on the assessment plat on file with the Department of Utility Services. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the improvements and specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 3. A special assessment in the amount of $0.217507 (rounded) per square foot shall be assessed against each of the specially benefited properties designated on the assessment plat. This assessment may be raised or lowered by action of the Board of County Commissioners after the public hearing, at the same meeting, as required by the referenced County Code. 4. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the resolution of the Board with respect to credits against the special assessments after completion of the improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the project is completed. 5. There is presently on file with the Department of Utility Services a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All of these are open to inspection by the public at the Department of Utility Services. 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River County Utility Services Department shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Vero Beach Press Journal before the public hearing as required by Section 206.04. The resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner Gi nn and, upon being put to a vote, the vote was as follows: Chairman Ruth M. Stanbridge Vice Chairman John W. Tippin Commissioner Caroline D. Ginn Commissioner Kenneth R Macht Commissioner Fran B. Adams Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this day of Apri 1 , 2002 Attest: J. K. Barton, Clerk By'`. Deputy Clerk April 9, 2002 54 9th BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: /-P-271 feta_ -(_--.r. Ruth M. Stanbnda Chairman Lay • ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously adopted Resolution No. 2002-021 setting a time and place at which the owners of properties located in Phases III -D and III -E water expansion in the City of Sebastian, Florida (east and west of Laconia Street, between Clearmont Street and Capon Terrace, and between Granduer and Gladiola Avenues), and other interested persons, may appear before the Board of County Commissioners of Indian River County and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefitted thereby. RESOLUTION NO. 2002- 021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED IN PHASES III -D AND III -E WATER EXPANSION IN THE CITY OF SEBASTIAN, FLORIDA (EAST AND WEST OF LACONIA STREET, BETWEEN CLEARMONT STREET AND CAPON TERRACE AND BETWEEN GRANDUER AND GLADIOLA AVENUES), AND OTHER INTERESTED PERSONS, MAY APPEAR B EFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY O F CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH P ROPERTY BENEFITED THEREBY. WHEREAS the Board of County Commissioners of Indian River County has, by Resolution No. 2002- 020 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that a waterline be installed to serve 1433 lots and tracts located in the City of Sebastian, Florida, in Phases III -D and III -E, east and west of Laconia Street, between Clearmont Street and Capon Terrace, and between Granduer and Gladiola Avenues; and WHEREAS it has been determined that the cost to be specially assessed with respect thereto shall be $0.217570 per square foot; and April 9, 2002 55 ,.l • WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06 of the Code of Indian River provides that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m. on Tuesday, May 7, 2002, at which time the owners of the proper -ties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Department of Utility Services any week day from 8.30 a.m. until 5:00 p.m. 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Indian River County Department of Utility Services shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Adams motion was seconded by Commissioner Ginn and the vote, the vote was as follows: and, upon being put to a Chairman Ruth M. Stanbridge Vice Chairman John W. Tippin Commissioner Caroline D. Ginn Commissioner Kenneth R. Macht Commissioner Fran B. Adams Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 9th day of April , 2002. Attest: J. K. Barton, Clerk 4., Deputy Clerk Attachment: ASSESSMENT RO FULL ASSESSMENT ROLL IS ON FILE WITH THE ORIGINAL RESOLUTION IN THE OFFICE OF THE CLERK TO THE BOARD April 9, 2002 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By(, N Ruth M. Stanbridge, Chairman 56 r kor 13.A. CHAIRMAN STANBRIDGE - PELICAN ISLAND NATURAL WILDLIFE REFUGE PARTNERSHIP CEREMONY Chairman Stanbridge reported that this event, held on April 3, 2002, was a great bonding experience since the attendees were huddled together under two tents in order to get out of the hail, wind and rain. In spite of the weather, everybody had a good time. She hopes that the weather will be more cooperative one year from now for the Grand Opening. 13.D. COMMISSIONER GINN - REPORT ON UTILITIES ADVISORY COMMITTEE'S RECOMMENDATIONS CONCERNING ACCEPTANCE OF SLUDGE FROM INDIANTOWN COMPANY, INC. Commissioner Ginn advised that the UAC meeting was held last Thursday to consider the proposed sludge agreement from Indiantown Company, Inc. (See Minutes of 4/2/02, Item 7.K.) She reported that the proposed agreement was given a unanimous turn down by the committee. The UAC also voted unanimously not to accept any more out -of - county sludge and to cap the sludge at its present tonnage. Camp Dresser & McKee prepared an extensive report concerning sludge. She cited some of the statistics from that report, specified difficulties in processing, noted problems with odor control, and emphasized the importance of not "squandering" the remaining capacity of our Landfill. She wished to bring the matter back with a full report at the next Board meeting along with all backup available. In response to Commissioner Adams, Commissioner Ginn explained that processing out -of -county sludge has not proven cost-effective, and Commissioner Adams understood that the preference would be to find an alternative destination for the sludge, rather than having it go into the Landfill. Commissioner Ginn advised that CDM's report had covered that. She cautioned that for the County to undertake either incineration or pelletization would be extremely costly April 9, 2002 and there may not be any use for the pelletized product. There has been talk that the Solid Waste Authority in Palm Beach County will be looking for additional sludge as they are going to a pelletization process but are not quite there yet. She recommended that we preserve the remaining space in our Landfill which is now predicted to last about 50 years. There was CONSENSUS that the Board would act on the proposal from Indiantown at the next meeting. 14.B. None. SOLID WASTE DISPOSAL DISTRICT 14.C. ENVIRONMENTAL CONTROL BOARD None. There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 9:50 a.m. ATTEST: Gar 1°2 _.-rsea-4.-4.5A. Jeffrey K. Barton, Clerk Ruth M. Stanbridge, Chairman Minutes approved dj� 7 a&' April 9, 2002