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HomeMy WebLinkAbout7/9/2002MINUTES ATTACHED BOARD OF cOUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Ruth M. Stanbridge, Chaiinian John W. Tippin, Vice Chaiuuan Fran B. Adams Caroline D. Ginn Kenneth R. Macht District 2 District 4 District 1 District 5 District 3 James E Chandler, County Administrator Paul G. Bangel, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES INVOCATION Rabi Wayne Koman Messianic Temple Shofar Yisrael PLEDGE OF ALLEGIANCE Comm. John W. Tippin 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS AD �: 5. Certificates of Appreciation for members of Space Needs Committee 13.E. Treasure Coast Sports Commission ADDITIONAL BACKUP: 8. 9.A.2. PaFOCLAM.ATIU r and PRESENTATIONS None APPROVAL OF MINU TES Regular Meeting of June 11, 2002 CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: St. Johns Water Control District — Notice of Election of Robert Lindsey to Board of Supervisors to Serve the Expired Term of Jeff Bass Approval of Warrants (memorandum dated June 27, 2002) 1-12 CONSENT AGENDA (cont'd.): C. Gifford Health Center (memorandum dated June 27, 2002) BACKUP PAGES Request for Floodplain Cut and Fill Balance Waiver for Lot 2, Block 24, Vero Lake Estates, Unit 5A, 7855 91st Ave. (memorandum dated June 28, 2002) Request for Floodplain Cut and Fill Balance Waiver for Ocean Oaks West Residential Subdivision Development (memorandum dated June 28, 2002) Request for Floodplain Cut and Fill Balance Waiver for Lot 6, Block 21, Vero Lake Estates, Unit 4, 7975 92nd Ave. (memorandum dated June 28, 2002) Right -of -Way Acquisition — 41St St. between 43rd Ave. and 58th Ave. — Danny R. Darnell (memorandum dated July 2, 2002) Out -of -County Travel to Tallahassee by Commissioner Ruth Stanbridge, July 23-24, 2002 CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Representative of Rep. Irving Slosberg s office would like to address the Commission regarding the Don Slosberg Dnver Education Safety Act (memorandum dated June 28, 2002) PUBLIC ITEMS A. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ALL UI�'INCORPORATED COUNTY PROPERTIES IN THE NORTH BARRIER ISLAND NORTH OF CR510 THAT ARE CURRENTLY ZONED AS MULTIPLE -FAMILY RES I t )ENTIAL DISTRICTS (RM -3 OR RM -4) TO SINGLE FAMILY RESIDENTIAL DISTRICTS (RS -3 OR RS -6, RESPECTIVELY) AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE County initiated request to rezone all RM -3 and RM -4 zoned properties in the unincorporated area of the North Barrier Island north of CR510 to RS -3 or RS -6 Final Hearing (Quasi -Judicial) (memorandum dated June 27, 2002) PUBLIC ITEMS (cont'd.): A. PUBLIC HEARINGS (cont'd.): 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGARDING TREE PROTECTION AND LAND CLEARING REQUIREMENTS; AMEI\-DING LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 901, DEFINITIONS, AND CHAPTER 927 TREE PROTECTION AND LAND CLEARING; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE County initiated request to adopt revisions to the County Land Clearing and Tree Protection Ordinance (memorandum dated June 25, 2002) PUBLIC DISCUSSION ITEMS None BACKUP PAGES PUBLIC NOTICE ITEMS Scheduled for Public Hearing July 16, 2002: Consideration of Option Agreements for Sale and Purchase of the Hallstrom Properties, Inc., and St. Lucie Develop- ment Corporation parcels of the Hallstrom Farrustead site (Legislative) (no backup) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None Emergency Services None General Services None Leisure Services None Office of Management and Budget None Human Resources 11. DEPARTMENTAL MATTERS (cont'd.): G. Public Works 1. County Road 512 / Phase III / Denton Right -of Way Acquisition (memorandum dated June 10, 2002) 2. Vero Lake Estates Stouuwater Improvements, Phase I - Letter from Ms. Sandy Seese requesting the 86th St. Canal be culverted at 96th Crt. (memorandum dated June 25, 2002) I N8 BACKUP PAGES 104-134 135-137 Utilities 1. Bobbi J Subdivision, 36th Court (North off 1st St. SW) Petition Water Service — Preliminary Assess- ment Resolutions I and II (memorandum dated June 28, 2002) Human Services None 138-149 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Ruth M. Stanbridge Updates Vice Chairman John W. Tippin Commissioner Fran B. Adams Commissioner Caroline D. Ginn 13. COMMISSIONERS ITEMS (cont'd.): E. Commissioner Kenneth R. Macht BACKUP PAGES 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None Solid Waste Disposal District None Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meetingwill need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of meeting. Indian River County WebSite: http://bccl.co.indian-river.fl.us Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library, and North County Library Meeting may be broadcast live on AT & T Cable Channel 13 — rebroadcast continuously Thursday 1:00 p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. Meeting broadcast same as above on AT & T Broadband, Channel 27 in Sebastian. • INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF JULY 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. PROCLAMATIONS AND PRI4 SENTATIONS 2 6.A. APPROVAL OF MINUTES - JUNE 11, 2002 2 7. CONSENT AGENDA 3 7.A. Reports 3 7.B. Approval of Warrants 3 7.C. Resolution No. 2002-043 Conveying Property to Indian River County Hospital District for the Gifford Health Center - Property Platted as Vero Beach - Burial Park 12 7.D. Floodplain Cut and Fill Balance Waiver for Lot 2, Block 24, Vero Lake Estates, Unit 5A, 7855 91st Avenue (MGB Construction) 16 7 E Floodplain Cut and Fill Balance Waiver for Ocean Oaks West Residential Subdivision Development 17 7.F. Floodplain Cut and Fill Balance Waiver for Lot 6, Block 21, Vero Lake Estates, Unit 4, 7975 92nd Avenue 19 7.G. Right of Way Acquisition - 41s` Street between 431 Avenue and 58th Avenue - Danny R. Darnell 20 7.H. Out -of -County Travel by Chairman Stanbridge to Tallahassee July 23-24, 2002 - Florida Communities Trust - Lost Tree Islands 22 1 • BIC I iia I 0 O 8.A. REPRESE,.NTATIVE OF REPRESENTATIVE IRVING SLOSBERG'S OFFICE{ ADDRESS REGARDING THE DORI SLOSBERG DRIVER EDUCATION SAFETY ACT 23 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2002-022 - REZONE UNINCORPORATED AREA OF THE NORTH BARRIER ISLAND NORTH OF CR -510 TO RESIDENTIAL SINGLE FAMILY 25 9.A.2. PUBLIC HEARING - REVISIONS TO THE COUNTY LAND CLEARING REQUIREMENTS AND TREE PROTF4CTION ORDINANCE 36 9.C. PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC HEARING JULY 16, 2002 - CONSIDERATION OF OPTION AGREEMENTS FOR SALE AND PURCHASE OF THE HALLSTROM PROPERTIES, INC. AND ST. LUCIE DEVELOPMENT CORPORATION PARCELS OF THE HALLSTROM FARMSTEAD SITE (Legislative) 50 11.G.1. COUNTY ROAD 512 - PHASE III - DENTON RIGHT-OF-WAY ACQUISITION (INITIATION OF F,MINENT DOMAIN) 50 11.G.2. VERO LAKE ESTATI- S STORMWATER IMPROVEMENTS, PHASE I - MS. SANDY SEESE REQUEST FOR 86TH STREET CANAL TO BE CULVbRTED AT 96TH COURT 54 ll.H.1. RESOLUTION NOS. 2002-044 AND 2002-045 - PETITION WATT -,R SERVICE - BOBBI J SUBDIVISION - 36TH COURT (NORTH OFF 1ST STREET SW) - RESOLUTIONS I AND II 56 13 E COMMISSIONER MACHT - COMMENTS ON THE TREASURE COAST SPORTS COMMISSION AND CONFIRMATION THAT HE SHALL CONTINUE- AS THE BOARD'S REPRESENTATIVE THEREON 66 14.A. EMERGIHNCY SERVICES DISTRICT 66 14.B. SOLID WASTE DISPOSAL DISTRICT 66 14.C. ENVIRONMENTAL CONTROL BOARD 67 2 • 0 • July 9, 2002 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, July 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 Rabi Wayne Koman, Messianic Temple Shofar Yisrael, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Tippin led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Stanbridge announced the addition of two items. Item 5, Presentation of Certificates of Appreciation to Space Needs Committee Members, and 13 E , Treasure Coast Sports Commission under Commissioner Macht's matters. July 9, 2002 1 v Lin • Chairman Stanbridge also announced that additional backup was presented for the following items: 8. and 9.A.2. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously made the above changes to the agenda. 5. PROCLAMATIONS AND PRESENTATIONS Commissioner Ginn advised she wold like to make presentations of Certificates of Appreciation to Space Needs Committee members. She gave a brief history of the committee's work and accomplishments. She called the members up and presented the certificates to the following W. Kent Barcley, Vero Beach Mayor Sandra Bowden, Penny Chandler, Frank Coffey, Bill Glynn, Joe Idlette, Art Jewett, Bill Johnson, Ed Netto, Dr. Ruth Twitchell, and Ital Veron. Messrs. Gene Winne, Chuck Mechling, Bill Mills, and Charles Sullivan, Sr. were not present. On behalf of the committee, Frank Coffey presented floral arrangements as tokens of appreciation to their chairman, Commissioner Ginn, and to Reta Smith, the Committee's secretary. 6.A. APPROVAL OF MINUTES - JUNE 11, 2002 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 11,2002, there were none. July 9, 2002 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Tippin, the Board unanimously approved the minutes of June 11, 2002, as written and distributed. 2 • 7. CONSENT AGENDA Commissioner Ginn requested 7.H. be separated for discussion. 7.A. Reports The following report was received and placed on file in the Office of the Clerk to the Board: St. Johns Water Control District - Notice of F lection of Robert Lindsey to Board of Supervisors to Serve the Expired Term of Jeff Bass 7.B. Approval of Warrants The Board reviewed a Memorandum of June 27, 2002: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: June 27, 2002 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of June 21, 2002 to June 27, 2002. Attachment. EMF: BP • July 9, 2002 3 OIC MOTIO\ by Commissioner Adams, SECO\DFD BY Commissioner Ginn, the Board unanimously approved the list of warrants issued by the Clerk for the period June 21-27, 2002, as requested. CHECK NUMBER 0021819 O 021820 O 021821 0021822 O 021823 0021824 O 325707 O 325708 0325709 O 325710 O 325711 O 325712 O 325713 0325714 O 325715 O 325716 O 325717 O 325718 O 325719 O 325720 O 325721 O 325722 O 325723 0325724 0325725 0325726 0325727 0325728 O 325729 O 325730 O 325731 0325732 O 325733 0325734 O 325735 0325736 O 325737 O 325738 0325739 O 325740 0325741 O 325742 0325743 0325744 O 325745 0325746 July 9, 2002 NAME TEAMSTERS LOCAL UNION NO 769 TEAMSTERS LOCAL UNION NO 769 KNOWLES, CYRIL GERRY, RAYMOND JONES, CYRIL UNUMPROVIDENT INSURANCE ANDERSON, FRED BROXTON, LYDIA BAXTER, JERE L BEUTTELL, PETER M SILKEN GROUP BELL PROPERTY MANAGEMENT BOUYSSOU, STEPHANE H BREVARD COUNTY HOUSING AUTHRTY BROWN, HUBERT BABCOCK, DEAN BROWN, KIMBERLY AND FPL CORR, RHODA L C P E ASSOCIATES CAPAK, GERALD T CARONE, PAUL CAPPELLUTI, RICHARD CARLUCCI, LEONARD A DOOLITTLE,JAMES A & ASSOCIATES DOVE, E WILSON DOYLE, CHERYL DEEHAN, WILLIAM F DESRUISSEAUX, N ROB EDGEWOOD PLACE (305-113) EVANS, ALFRED FOGERTY, GEORGE A FORD, ROBERT J GASKILL, ROBERT GIFFORD GROVES, LTD GRACE'S LANDING LTD HOLM, LEO HUNLEY, J MICHAEL HODGES, GINA HUITRON, GLORIA JAMES A DOOLITTLE & ASSOCIATES JULIN, PAUL JOHNSTON, PATTIE JACKOWSKI, MICHAEL JONES, NIC.TCETA AND FPL JACKSON, RONALD JONES, ALPHONSO 4 CHECK DATE 2002-06-20 2002-06-20 2002-06-21 2002-06-21 2002-06-21 2002-06-26 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 CHECK AMOUNT 4,027.91 1,859.55 1,039.84 783.76 307.36' 3,959.54 258.00 232.00 275,00 278.00 731.00 230.00 176.00 2,393.95 912.00 232.00 18.00 245.00 5,474.00 413.00 372.00 395.00 392.00 2,241.00 426.00 292.00 304.00 368.00 359.00 267.00 288.00 388.00 282.00 6,208.00 6,553.00 410.00 481.00 306.00 240.00 3,156.00 386.00 323.00 795.00 34.00 497.00 312.00 e • CHECK NUMBER O 325747 O 325748 O 325749 0325750 O 325751 O 325752 O 325753 O 325754 O 325755 O 325756 O 325757 O 325758 O 325759 O 325760 O 325761 O 325762 O 325763 O 325764 O 325765 O 325766 O 325767 O 325768 O 325769 O 325770 O 325771 O 325772 O 325773 0325774 0325775 O 325776 O 325777 0325778 0325779 0325780 O 325781 0325782 0325783 O 325784 0325785 O 325786 0325787 0325788 0325789 0325790 0325791 0325792 O 325793 O 325794 O 325795 O 325796 O 325797 O 325798 O 325799 O 325800 0325801 O 325802 O 325803 O 325804 NAME KDNOWLES, MARK OR ANNA LAWRENCE, TERRY A LANGLEY, PHILIP G LLERENA, EDWARD D L INDSEY GARDEN'S APARTMENTS LAPPERT, ANN OR RONALD LEIFER, BRUCE LEWIS, CHARLES M 0 D INVESTMENTS MONTGOMERY, WILLIAM MALGERIA, PRISCILLA MEAD, THOMAS H OR HELEN S NORMAN, DOUGLAS OR BARBARA ORANGE COUNTY HOUSING AND P ICKERILL, JOHN PALMER TRAILER PARK P IERSON, JOHN H DBA PALUMBO, LOUIS PUERTO RICO DEPARTMENT OF REAGAN, WILLIE C RAUDENBUSH, ERNEST RIVER PARK PLACE ST FRANCIS MANOR OF VERO BEACH SCROGGS, BETTY DAVIS SACCO, JACQUELINE AND/OR STUART HOUSING AUTHORITY SANDY PINES SHELTON, ROBERT L SANGBUSH, DONALD STARCK, MICHAEL R STRIBLING, WILLIAM JR SUNDMAN, IVAN TOWN & COUNTRY LEASING TEDDIE TRUST, THE THERIEN, RICHARD C ULISKY, WILLIAM B AND VERO FIRST CORPORATION VALENTINO, ANTHONY E BLAKE, SALLIE (WYNN) WALTERS, KEVIN WOODIN, RICHARD WILLIAMS, EDITH WESSENDORF, FRED WOODS OF VERO BEACH YORK, LILLY B YORK, DAVID A A FIRE EQUIPMENT, INC ALLIED UNIVERSAL CORP ALPHA ACE HARDWARE AMERICAN BUSINESS INTERIORS AMERICAN PLANNING ASSOCIATION APPLE INDUSTRIAL SUPPLY CO APPLE MACHINE & SUPPLY CO ARMFIELD-WAGNER APPRAISAL ATCO TOOL SUPPLY AUTO SUPPLY CO OF VERO BEACH, ATLANTIC COASTAL TITLE CORP A T & T CHECK DATE 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-21 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 CHECK AMOUNT 255.00 182.00 757.00 323.00 9,068.00 307.00 521.00 266.00 995.00 234.00 431.00 328.00 372.00 906.59 341.00 277.00 308.00 573.00 440.59 870.00 292.00 7,573.00 3,025.00 313.00 298.00 424.59 6,922.00 205.00 414.00 383.00 275.00 371.00 246.00 382.00 307.00 37.00 1,082.00 355.00 314.00 344.00 272.00 237.00 459.00 9,160.00 249.00 408.00 1,037.35 980.00 151.00 384.32 182.70 731.45 13.50 900.00 179.00 4,710.05 61.00 19.49 • July 9, 2002 5 n' tin CHECK NUMBER 0325805 0325806 O 325807 0325808 0325809 O 325810 0325811 O 325812 0325813 0325814 O 325815 O 325816 O 325817 0325818 O 325819 O 325820 0325821 O 325822 0325823 O 325824 O 325825 0325826 0325827 0325828 O 325829 0325830 0325831 0325832 0325833 0325834 0325835 0325836 0325837 0325838 0325839 O 325840 O 325841 O 325842 O 325843 0325844 O 325845 O 325846 0325847 O 325848 O 325849 O 325850 O 325851 O 325852 0325853 O 325854 O 325855 O 325856 0325857 0325858 0325859 O 325860 July 9, 2002 NAME ADDISON, GLEN ARAMARK UNIFORM SERVICES ARCO GARAGE DOOR CO A T & T AIR COMPRESSOR WORKS INC ANCOR CORE INC. AMERICAN RED CROSS ACE TOOL CO ALLSTATE PAYMENT PROCESSING AERC.COM, INC ABSOLUTE PROTECTION TEAM ALLIED TRAILER SALES & RENTALS ADT AMERIGAS AUTO SUPPLY CO WEST A W M CONSTRUCTION, INC ALARM PARTNERS BOARD OF COUNTY COMMISSIONERS BENSONS LOCK SERVICE BREATHING AIR SYSTEMS DIVISION BARTON, JEFFREY K- CLERK BARTON, JEFFREY K -CLERK BURGOON BERGER BAKER & TAYLOR INC BRODART CO BOYNTON PUMP & IRRIGATION BEACHLAND HEATING AND BEVERAGE STOP, THE BOOKS ON TAPE INC BROGNANO, WILLIAM BELLSOUTH PUBLIC COMMUNICATION BERTON, SOLOMON BUILDERS SHOWCASE, INC BRANDES, MICHAEL B & S SOD INC BLACKMON, SHANITA BUSHNELL CORP BOYS & GIRLS CLUB OF IRC BALL, LAUREN CAMERON & BARKLEY CO CAMP, DRESSER & MCKEE, INC CAREER TRACK SEMINARS CARTER ASSOCIATES, INC COMMUNICATIONS INT'L INC CROOM CONSTRUCTION CO CONSUMER REPORTS CAMACHO, LUZ CATHOLIC CHARITIES CUSTOM CARRIAGES, INC CHILBERG CONSTRUCTION CO CLIFF BERRY,INC CALL ONE, INC CUES, INC CES CDW GOVERMENT INC CENTER FOR EMOTIONAL AND CHECK DATE 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 CHECK AMOUNT 461.66 126.70 150.00 36.54 74.86 320.40 5,678.00 139.31 8,962.17 380.70 107.00 150.00 82.50 180.00 2,865.65 5,855.00 180.00 6,455.55 46.50 42.65 213,108.83 3,767.88 500.00 84.02 2,707.24 105.96 3,550.00 80.00 125.50 500.00 54.04 7.41 500.00 22.00 50.00 141.63 25.00 4,939.88 175.00 180.83 4,483.68 149.00 5,7966.25 13,365.04 500.00 26.00 50.00 5,233.37 334.60 5,241.00 105.00 50.00 302.50 1,661.81 1,212.51 627.00 A 6 r • CHECK NUMBER O 325861 O 325862 O 325863 0325864 O 325865 O 325866 O 325867 0325868 O 325869 O 325870 O 325871 O 325872 O 325873 0325874 O 325875 O 325876 O 325877 0325878 O 325879 0325880 0325881 O 325882 O 325883 0325884 O 325885 O 325886 O 325887 O 325888 O 325889 0325890 0325891 0325892 O 325893 O 325894 O 325895 O 325896 O 325897 O 325898 O 325899 O 325900 0325901 O 325902 O 325903 O 325904 O 325905 O 325906 O 325907 O 325908 O 325909 O 325910 O 325911 O 325912 O 325913 O 325914 O 325915 O 325916 O 325917 July 9, 2002 NAME CULTURAL COUNCIL OF INDIAN CLEVELAND GOLF CO., INC. CALLAHAN, RONALD L CITGO PETROLEUM CORP CUTTER & BUCK COMMUNITY ASPHALT CORP CALLAWAY GOLF BALL CO CARLISLE, CARRIE L CHILL, JULIE CHITTENDEN, ROBERT DELTA SUPPLY CO DEMCO INC FLORIDA DEPARTMENT OF DEPENDABLE DODGE, INC D ICKERSON-FLORIDA, INC D IRECTOR, KENNETH L MD PA DON SMITH'S PAINT STORE, .INC DOW, HOWELL, GILMORE,' DATA SUPPLIES, INC FLORIDA DEPARTMENT OF DUNKELBERGER ENGINEERING & DADE PAPER COMPANY DOWNTOWN PRODUCE INC D ISNEY'S VERO BEACH RESORT DATASTREAM SYSTEMS INC DETAIL TURF INCORPORATED D IGIACOMO, ANDREW DELL MARKETING L.P. D -Z BREW COFFEE SERVICE, INC ERCILDOUNE BOWLING LANES ELDRIDGE, MYRA A ELPEX, INC EDLUND & DRITENBAS EXCHANGE CLUB CASTLE ECOLOGICAL ASSOCIATES INC EVERGLADES FARM ENVIRONMENTAL PRODUCTS OF F W& P C O A TRAINING OFFICE FEDEX FISHER SCIENTIFIC FLORIDA BAR, THE FLORIDA ALCOHOL AND DRUG FLORIDA BOLT AND NUT CO FLORIDA POWER & LIGHT COMPANY FLOWERS BAKING COMPANY OF FELLSMERE POLICE DEPARTMENT F & W PUBLICATIONS INC FACTICON, INC FACSSE FREIGHTLINER TRUCKS OF SOUTH FIRSTLAB FIRESTONE TIRE & SERVICE FLORIDA COPY DATA FOUNTIAN TOWERS, L L C GALE GROUP, THE GAYLORD BROTHERS, INC GENERAL GMC, TRUCK 7 CHECK DATE 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 CHECK AMOUNT 2,414.61 474.15 25.14 3,810.35 603.96 2,116.50 1,512.00 84.64 91.78 1,531.97 12.58 1,443.32 2,325.10 331.31 634.45 26.50 135.62 1.,614.20 182.79 500.00 46,030.50 449.87 84.63 100.00 1,999.00 16,475.80 500.00 96,248.00 6.00 203.50 56.00 765.96 6,684.33 6,184.39 2,689.38 191.03 72.25 300.00 72.13 257.81 365.00 40.00 112.15 6,542.03 61.59 25.00 166.25 1,200.00 70.00 166.34 1,046.00 1,592.98 93.00 19,635.25 88.34 69.04 658.79 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0325918 GOODKNIGHT LAWN EQUIPMENT , INC 2002 - 06 - 27 36 . 20 0325919 GREENE INVESTMENT 2002 - 06 - 27 11976 . 56 0325920 GIFFORD GROVES , LTD 2002 - 06 - 27 11086 . 00 0325921 GINN , CAROLINE D 2002 - 06 - 27 27 . 96 0325922 GIFFORD YOUTH ACTIVITIES CENTE 2002 - 06 - 27 91966 . 67 0325923 GOLLNICK , PEGGY 2002 - 06 - 27 119 . 00 0325924 GIBSON , JAMES 2002 - 06 - 27 112 . 88 0325925 GOLF AFFILIATES SCORECARD CO 2002 - 06 - 27 3 , 132 . 50 0325926 GLOMASTER SIGN CO , INC 2002 - 06 - 27 30 . 00 0325927 GRAPHX PRINTING 2002 - 06 - 27 287 . 00 0325928 GREASE INSPECTORS 2002 - 06 - 27 289 . 95 0325929 GEM- DANDY , INC 2002 - 06 - 27 505 . 58 0325930 GIFFORD CENTRAL LITTLE 2002 - 06 - 27 50 . 00 0325931 GEARY , BOB 2002 - 06 - 27 955 . 00 0325932 GARAGE EQUIPMENT 2002 - 06 - 27 594 . 71 0325933 HUNTER AUTO SUPPLIES 2002 - 06 - 27 1 , 227 . 23 0325934 HILL MANUFACTURING 2002 - 06 - 27 154 . 86 0325935 HELD , PATRICIA BARGO 2002 - 06 - 27 301 . 00 0325936 HIBISCUS CHILDREN ' S CENTER 2002 - 06 - 27 2 , 083 . 33 0325937 HACH COMPANY 2002 - 06 - 27 198 . 65 0325938 H C WARNER , INC 2002 - 06 - 27 3 , 036 . 00 0325939 HARRIS SANITATION , INC 2002 - 06 - 27 64 , 141 . 56 0325940 HOLIDAY INN WEST 2002 - 06 - 27 186 . 00 0325941 HYNES , RICHARD MD 2002 - 06 - 27 900 . 00 0325942 HUSSAMY , OMAR MD 2002 - 06 - 27 61 . 20 0325943 HOLIDAY BUILDERS 2002 - 06 - 27 31020 . 66 0325944 HINTON ' S CARPET CLEANING 2002 - 06 - 27 720 . 00 0325945 HOMELAND IRRIGATION CENTER 2002 - 06 - 27 48 . 80 0325946 HARRIS , GREGORY PHD CVE 2002 - 06 - 27 595 . 70 0325947 HURLEY , ROGNER , MILLER , COX AND 2002 - 06 - 27 101 . 50 0325948 H 0 K DESIGN + BUILD , INC 2002 - 06 - 27 72 , 176 . 00 0325949 HAZELLIEF , ELIZABETH 2002 - 06 - 27 168 . 00 0325950 HORN , SUSAN KELLER 2002 - 06 - 27 50 . 00 0325951 INDIAN RIVER COUNTY 2002 - 06 - 27 62 , 082 . 16 0325952 INDIAN RIVER COUNTY 2002 - 06 - 27 225 . 00 0325953 INDIAN RIVER BATTERY , INC 2002 - 06 - 27 689 . 80 0325954 INDIAN RIVER COUNTY 2002 - 06 - 27 45 . 00 0325955 INDIAN RIVER COUNTY UTILITY 2002 - 06 - 27 1 , 846 . 82 0325956 INGRAM LIBRARY SERVICES 2002 - 06 - 27 20 . 63 0325957 INDIAN RIVER MEMORIAL HOSPITAL 2002 - 06 - 27 571 . 00 0325958 INDIAN RIVER ALL - FAB , INC 2002 - 06 - 27 632 . 65 0325959 INTERNATIONAL GOLF MAINTENANCE 2002 - 06 - 27 76 , 100 . 63 0325960 IKON OFFICE SOLUTIONS 2002 - 06 - 27 150 . 00 0325961 INDIAN RIVER COUNTY HEALTHY 2002 - 06 - 27 1 , 666 . 66 0325962 INFORMATION TODAY INC 2002 - 06 - 27 305 . 05 0325963 JANITORIAL DEPOT OF AMERICA 2002 - 06 - 27 545 . 61 0325964 JONES , ELVIN JR 2002 - 06 - 27 54 . 08 0325965 KELLY TRACTOR CO 2002 - 06 - 27 52 . 04 0325966 KIMLEY - HORN & ASSOCIATES , INC 2002 - 06 - 27 41912 . 90 0325967 K_RUPP , JOHN P 2002 - 06 - 27 348 . 20 0325968 K S M ENGINEERING & TESTING 2002 - 06 - 27 580 . 00 0325969 K & M ELECTRIC SUPPLY INC 2002 - 06 - 27 32 . 96 0325970 KLEIN , BURY & ASSOCIATES , INC 2002 - 06 - 27 614 . 15 0325971 KELLY , CHERRY 2002 - 06 - 27 35 . 00 0325972 KAPPA , JORGE 2002 - 06 - 27 106 . 70 0325973 KAY SPARROW , INC 2002 - 06 - 27 81 . 90 July 9 , 2002 8 . _ . . � , � -7 7 b 7 � _ . . � . , : . . � .� x. r � : • CHECK NUMBER O 325974 O 325975 O 325976 O 325977 0325978 O 325979 0325980 0325981 O 325982 O 325983 O 325984 O 325985 O 325986 O 325987 O 325988 O 325989 O 325990 O 325991 O 325992 0325993 O 325994 O 325995 0325996 0325997 0325998 O 325999 O 326000 O 326001 O 326002 O 326003 O 326004 O 326005 O 326006 O 326007 O 326008 O 326009 O 326010 O 326011 0326012 0326013 0326014 O 326015 0326016 O 326017 0326018 O 326019 0326020 0326021 0326022 0326023 O 326024 O 326025 0326026 O 326027 P O 326028 P O 326029 P O 326030 P O 326031 P NAME LESCO, INC LEGG, DEBBIE LAUFFEER, LAWRENCE L IBERTY FLAGS, INC LOWE'S COMPANIES, INC. L B SMITH, INC LIGHT SOURCE BUSINESS SYSTEMS LABOR FINDERS LOWE'S COMPANIES,INC LANGSTON, HESS, BOLTON,ZNOSKO LEGEND PROPERTIES, INC. LANDERS & PARSONS, PA INDIAN RIVER COMMUNITY COLLEGE MIKES GARAGE MAX DAVIS & ASSOCICATES MATRX MEDICAL INC MAC PAPERS, INC MORA, CHRISTOPHER R MURRAY, HELEN LMHC MARTIN COUNTY PETROLEUM MIDWEST TAPE EXCHANGE MAROONE CHEVROLET INC MCGRIFF, SHARON MERCURI, DEBRA MEDICAL SERVICES COMPANY, INC MURPHY, DEBBIE MARTIN, CRISTI MCCULLY, WILLIAM KEITH MERCEDES HOMES INC M G B CONSTRUCTION MARVIN'S MANAGEMENT & MOORE, AQUILLA MCGARRY, LAURA NOLTE, DAVID C NORTH SOUTH SUPPLY INC NICOSIA, ROGER J DO NEW HORIZONS OF THE TREASURE NATIONAL TECHNICAL COMMUNI- NAPLES BEACH HOTEL & GOLF CLUB NORTHERN SAFETY COMPANY NAPIER, WILLIAM MATT NORTRAX SE L.L.C. NORTHSIDE AGAPE MINISTRIES NATURCHEM, INC OFFICE PRODUCTS & SERVICE OSCEOLA HOME CARE SUPPLY OFFICE DEPOT, INC OSCEOLA PHARMACY ODYSSEY MANUFACTURING CO ON ITS WAY PARAGON ELECTRIC, INC PARKS RENTAL INC PERKINS INDIAN RIVER PHARMACY ETTY CASH ERKINS MEDICAL SUPPLY RO SELECT SPORTS USA ORT CONSOLIDATED AK -MAIL July 9, 2002 CHECK DATE 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 9 CHECK AMOUNT 106.00 50.00 500.00 844.63 1,227.73 143.18 1,078.00 2,132.08 210.68 2,156.09 78,740.58 577.50 19,100.16 125.00 204.00 22.40 445.77 118.54 80.00 1,412.16 78.96 23,602.00 580.00 67.28 79.10 185.21 35.00 151.39 500.00 500.00 950.00 50.00 53.50 233,576.92 93.60 1,500.00 34,036.67 65.00 178.00 188.61 296.40 1,163.19 3,657.27 4,041.15 569.49 70.95 136.51 124.68 2,272.50 481.20 618.00 247.09 312.82 169.98 12.75 393.34 16,209.84 3.10 u • 13 CHECK NUMBER 0326032 0326033 O 326034 0326035 O 326036 O 326037 O 326038 0326039 0326040 O 326041 O 326042 O 326043 O 326044 O 326045 O 326046 O 326047 O 326048 0326049 O 326050 0326051 O 326052 0326053 0326054 O 326055 O 326056 0326057 O 326058 0326059 0326060 0326061 0326062 0326063 0326064 0326065 O 326066 0326067 O 326068 O 326069 O 326070 0326071 O 326072 0326073 O 326074 0326075 O 326076 O 326077 0326078 0326079 O 326080 0326081 0326082 0326083 O 326084 O 326085 O 326086 O 326087 O 326088 0326089 NAME PAGE, LIVINGSTON PHARMCHEM LABORATORIES, INC PRAXAIR DISTRIBUTION POMEROY COMPUTER RESOURCES PUBLIX PHARMACY #0385 PASSAGE ISLAND HOMES, INC PUBLIX PHARMACY #0642 PERSONNEL PLUS INC PROFORMA REGIONS INTERSTATE BILLING SVC P B S & J PEREZ, VICTOR PER -SE TECHNOLOGIES-PHYS SVCS PERKINS PHARMACY PRICE CHOPPER, INC PHILLIP WILSON SEMINARS QUEEN, FLOYD D PARRS AND SONS INC RINKER MATERIALS RICHMOND HYDRAULICS INC ROBERTS & REYNOLDS PA REDSTONE, MICHAEL RECORDED BOORS, LLC R & G SOD FARMS RELIABLE TRANSMISSION SERVICE RCL DEVELOPMENT ROTECH OXYGEN AND MEDICAL REXEL CONSOLIDATED REGIONS INTERSTATE BILLING ROYAL, THOMAS ROGER DEAN CHEVROLET R S MEDICAL READ, BONITA RICHARD KELLEY PROCESS SERVER ROTH, STEVE RINKER MATERIALS RORKE, LUCY B M D SCOTT'S SPORTING GOODS SEWELL HARDWARE CO, INC SEXUAL ASSAULT ASSISTANCE SMITH, SAMUEL PATRICK SOUTHERN EAGLE DISTRIBUTING, REXEL SOUTHERN ST LUCIE BATTERY & TIRE, INC SUNCOAST WELDING SUPPLIES INC SUNRISE TRACTOR & EQUIPMNT INC SERVICE REFRIGERATION CO, INC JA SEXAUER INC SORIANO, RAFAEL SPALDING SELIG INDUSTRIES SOLINET SHIELDS, CHERRYLE SYSCO OF SOUTHEAST FLORIDA SWANA SAWGRASS, JIM ST EDWARDS SCHOOL SOUTHERN COMPUTER WAREHOUSE July 9, 2002 CHECK DATE 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 10 CHECK AMOUNT 75.00 300.00 3,199.00 2,138.61 86.90 500.00 174.95 570.00 43.70 214.48 10,546.00 25.00 16,168.23 34.27 153.50 250.00 25.72 4,916.45 9,745.12 205.00 1,584.84 78.13 95.40 195.00 8,450.00 500.00 35.00 101.22 200.68 128.76 851.47 80.00 461.99 90.00 39.00 52.50 4,400.00 2,558.13 68.10 4,964.16 195.00 196.35 7.58 75.95 199.09 59.08 346.80 135.84 17.60 772.40 762.60 477.33 33.82 258.94 125.00 200.00 100.00 91.28 • • • CHECK NUMBER 0326090 O 326091 O 326092 O 326093 O 326094 O 326095 0326096 O 326097 O 326098 O 326099 O 326100 O 326101 0326102 O 326103 O 326104 O 326105 O 326106 0326107 O 326108 0326109 0326110 O 326111 O 326112 0326113 O 326114 O 326115 O 326116 O 326117 O 326118 O 326119 O 326120 O 326121 O 326122 O 326123 O 326124 O 326125 0326126 0326127 O 326128 O 326129 O 326130 O 326131 O 326132 O 326133 0326134 O 326135 O 326136 O 326137 O 326138 O 326139 O 326140 0326141 0326142 0326143 0326144 0326145 O 326146 O 326147 July 9, 2002 NAME SEBASTIAN POLICE DEPARTMENT SPHERION SOFTWARE HOUSE INTERNATIONAL ST JOHNS RIVER WATER MGMT DIST SKATE FACTORY SORIANO, SORCIRE STERICYCLE INC SUNNYTECH INC- FL SEYBERT SALES INC TIMOTHY ROSE CONTRACTING SMITH, TERRY L TREASURE COAST REFUSE SCRIPPS TREASURE COAST TREASURE COAST SPORTS THORNTON, DANIEL L & CAROLYN C TOTAL TRUCK PARTS INC WILLIAMS, TABITHA THORTON, FAYE TESTAMERICA INC UNIVERSAL SIGNS & ACCESSORIES U S FILTER DISTRIBUTION GROUP U S KIDS GOLF VERO BEACH, CITY OF VERO BEACH, CITY OF VERO BEACH, CITY OF VERO CHEMICAL DISTRIBUTORS,INC VERO LAWNMOWER CENTER, INC VERO BEACH, CITY OF VERO FURNITURE MART, INC VERO BEACH POLICE DEPARTMENT VERO BOWL VERO BEARING & BOLT VERO COLLISION CENTER VERO BEACH SURGERY CENTER VINE, DAVID DDS W W GRAINGER, INC WAL-MART PHARMACY INC WAL-MART PHARMACY INC WILLHOFF, PATSY WILLIAMS, ROBERT AND WEST GROUP PAYMENT CTR WILLOW BEND BOOKS & FAMILY WALGREEN COMPANY W W GRAINGER INC WALKER, KEITH WODTKE, RUSSELL WINGFOOT COMMERCIAL TIRE WILLIAMS, LATOYA WESTON REAL ESTATE INVESTMENT YAVORSKY'S TRUCK SERVICE,INC ZORC, R & SONS BUILDERS INC NORMAN, J. CLINTON LAUER, RAYMOND BRAY, ROBERT ROSENBERG, LORETTA ZORC, RICHARD MCEWAN, GEORGE F DIGGS, JUSTIN P 11 CHECK DATE 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 CHECK AMOUNT 100.00 57.00 668.00 700.00 1,619.75 41.03 282.50 1,672.79 216.40 53,119.20 47.27 79.86 97.79 2,686.84 200.00 71.32 82.40 25.00 3,627.00 4,591.65 5,635.28 1,327.80 3,286.53 9,462.50 708.22 127.35 39.39 88.80 500.00 75.00 1,017.00 13.94 2,869.65 7,410.00 29.00 129.64 85.90 90.00 130.00 293.97 616.00 203.70 20.98 12,615.05 30.00 22.62 1,596.45 82.40 500.00 295.50 500.00 326.81 571.00 524.88 82.38 77.50 12.04 67.22 8 CHECK NUMBER O 326148 0326149 0326150 0326151 O 326152 0326153 0326154 O 326155 0326156 0326157 0326158 0326159 0326160 0326161 O 326162 O 326163 0326164 O 326165 O 326166 O 326167 O 326168 O 326169 O 326170 0326171 O 326172 O 326173 O 326174 O 326175 O 326176 O 326177 NAME FLINCHUM CONSTRUCTION INC BURGOON BERGER CONST CO HOLIDAY BUILDERS STEWART, LARRY R RUIZ, ROBERT SPIKES, CAROLYN HOWDER, DIANA L GAGNON, WILLIAM SMITH, RICHARD L KELLY, CHAD RATSEY, COLIN THULIN, MORGAN WELLINGTON, HOMES SEA OAKS INVESTMENT LTD ALRUTZ, L SCOTT MENESES, IVONNE BRACKETT PARKER & ASSOC CHANNING CORP XXIX LURIA IMPROVEMENTS LLC ST AIME, LEHOTER BURTON, HEATHER MILES, JOHN G COPPIN, LINDA BRANNON, ROSEMARY WEATHERINGTON, MARY KELLY, TROY READ, BONITA MEYER, DAVID SIMMONS, MICHAEL J SHAW, JOSEPH D CHECK DATE 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 2002-06-27 CHECK AMOUNT 200.00 72.91 37.12 64.69 45.37 46.42 84.02 157.67 38.73 37.19 52.00 64.02 27.68 34.70 35.41 9.89 76.80 29.54 213.96 9.78 55.05 58.10 38.35 7.90 30.66 6.08 105.91 12.07 81.73 57.94 1,602,773.42 7. C. Resolution No. 2002-043 Conveying Property to Indian River County Hospital District for the Gifford Health Center - Property Platted as Vero Beach - Burial Park The Board reviewed a Memorandum of June 27, 2002: July 9, 2002 12 • • TO: The Board of County Commissioners FROM: �;� William G. Collins II — Deputy County Attorney DATE: June 27, 2002 SUBJECT: Gifford Health Center In the fall of 2001 the County Commission was approached by the Indian River County Hospital District concerning the possible conveyance of approximately 31/2 acres west of 28th Avenue and north of 45th Street for a new Gifford Health Center. The property had been platted as a cemetery in the early part of the century but had been abandoned since the 1940s. In 1994 the County took over possession of the property. The southern portion of the 10 -acre parcel has been developed as a park site and also is the site of the historic Macedonia Baptist Church. The County Commission authorized the Hospital District to file suit in the name of the County seeking good title to the property by virtue of adverse possession for the statutory period of time The quiet title suit ended with an Order vesting title to the property in the County. By letter dated May 16, 2002 the Indian River County Hospital District requested a conveyance of the north approximately 31/4 acres of the property to the Hospital District for the establishment and operation of the new Gifford Health Center Such conveyances are authorized by Florida Statute 125.38. The statute requires a resolution be adopted by the Board approving such conveyance. In order to vacate and annul the plat of Vero Beach - Burial Park, staff is requesting authorization to replat the property into two tracts, with the southern portion of the property being designated for park and recreational purposes as it is currently utilized and with the northern approximately 3'/ acres being designated as a tract to be conveyed to the Indian River County Hospital District for the Gifford Health Center. RECOMMENDATION: 1. Approve the attached resolution authorizing the conveyance to the Indian River County Hospital District of the northerly +/- 31/2 acres. Authorize the staff to proceed with a replat of the Vero Beach - Burial Park. The name of the replatted property would be "Martin Luther King Jr. Community Center" unless the Board prefers some other appellation for the property. WGC/nhm cc: Alan Polackwich, Esq. July 9, 2002 13 ON MOTION by Commissioner Adams, SECO\DED BY Commissioner Ginn, the Board unanimously adopted Resolution No. 2002-043 authorizing the conveyance of certain property to the Indian River County Hospital District and authorized staff to proceed with a replat of the Vero Beach - Burial Park to "Martin Luther King, Jr. Community Center". RESOLUTION NO. 2002- 043 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CONVEYANCE OF CERTAIN PROPERTY TO THE INDIAN RIVER COUNTY HOSPITAL DISTRICT. WHEREAS, the Board of County Commissioners of Indian River County owns certain property platted as Vero Beach — Burial Park by virtue of a judicial decree quieting title in Indian River County by adverse possession; and WHEREAS, the Indian River County Hospital District, an organization not-for- profit organized for the purposes of promoting community interest and welfare has made application for the County's conveyance of the north approximately 31/2 acres of the property to the Hospital District, to be used for the establishment and operation of the new Gifford Health Center; and WHEREAS, the Board of County Commissioners is satisfied that such property is required for such use and is not needed for County purposes; and WHEREAS, the Indian River County Hospital District has borne the expenses of the quiet title suit in order to quiet title to the entire 10 -acre Vero Beach — Burial Park parcel in the County, July 9, 2002 14 • • RESOLUTION NO. 2002- 043 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The staff of Indian River County is authorized and directed to prepare for approval by the Board a replat of the Vero Beach — Burial Park for the purposes of delineating a tract on the north end of the property as a health center tract, and 2. That in consideration of One Dollar ($1.00) and the previous consideration of the Indian River County Hospital District bearing the expenses of the suit to quiet title in the name of Indian River County, conveyance of approximately 31/2 acres on the northern portion of the replatted property is hereby approved, and the Chairman of the Commission is hereby authorized to execute a deed of such property to the Indian River County Hospital District. The resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner G-1 nn , and, upon being put to a vote, the vote was as follows: Ruth M. Stanbridge, Chairman John W. Tippin, Vice Chairman Aye Fran B. Adams Aye Caroline D. Ginn Aye Kenneth R. Macht July 9, 2002 Aye 15 Aye • The Chairman thereupon declared the resolution duly passed and adopted this 9th day of July, 2002. ATTEST: Jeffrey . e rton, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By( Ruth M. Stanbndge, Chairman HTai • . 1 CI t p Yy: w:y. 7.D. Floodplain Cut and Fill Balance Waiver dor Lot 2, Block 24, Vero Lake Estates, Unit 5A, 7855 91st Avenue (MGB Construction) The Board reviewed a memorandum of June 28, 2002: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director! AND Christopher J. Kafer, Jr , P County Engineer FROM: David B. Cox, P E , Civil EngineerCG DATE: June 28, 2002 SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Lot 2, Block 24, Vero Lake Estates Unit 5A, 7855 91St Avenue REFERENCE: Project No. 98080152-31257 July 9, 2002 16 • • DESCRIPTION AND CONDITIONS MGB Construction, Inc has submitted a building permit application for a single-family residence on the subject property. The site is located in an AE special flood hazard zone base flood elevation 22.9 ft. N.G.V.D. In the attached letter from the applicant s engineer dated revision June 74, 2002 a waiver of the cut and fill requirements is requested. The lot area is 1.08 acres. The volume of the 100 -year floodplain displaced by the proposed grading plan is estimated to be 1,081 cubic yards. ALTERNATIVES AND ANALYSIS The waiver request has been reviewed by staff and appears to meet the criteria of Section 930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance for lots located in the Vero Lake Estates Municipal Services Taxing Unit Alternative No. 1 Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4. Alternative No. 2 Deny the cut and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement. RECOMMENDATIONS Staff recommends approval of Alternative No. 1. ATTACHMENTS Letter from Ronald G. Keller, P E , dated revision June 24, 2002. Calculations for cut and fill ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously granted the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended in the memorandum. 7.E. Floodplain Cut and Fill Balance Waiver for Ocean Oaks West Residential Subdivision Development The Board reviewed a memorandum of June 28, 2002: July 9, 2002 17 TO: James Chandler, County Administrator THROUGH• James W. Davis, P E , Public Works Direct AND Chnstopher J. Kafer, Jr., P.E., County Enginee CONSENT AGENDA FROM: David A. Hays, Senior Civil Engineer SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Ocean Oaks West Residential Subdivision Development REFERENCE: SD -01-12-25 / LDP Application No. 2000080158-31050 DATE: June 28, 2002 DESCRIPTION AND CONDITIONS Schullce, Bittle Sc Stoddard, L.L.C., on behalf of Ocean Oaks West Development Corp., the developer of Ocean Oaks West Residential Subdivision Development is requesting a waiver of the cut and fill balance requirement of Section 930.07(2)(d) of the Stoiinwater Management and Flood Protection Ordinance as provided for in the Section. The project is located on the west side of the State Road A -1-A, across from Ocean Oaks and just north of Round Island Park. The site is located in special flood hazard area Zone AE with a base flood elevation of 5 feet N.G.V.D. The ten-year still water elevation is 2 7 feet The code requires capacity for any volume of the base flood that would be displaced by the higher of the 10 -year still water elevation or 4.0 feet. The proposed displacement of the floodplain below 4 0 feet for which the waiver is requested is 6,403 cubic yards as indicated in the attached letter from the applicant's engineer dated January 10, 2002. ALTERNATIVES AND A_AALYSIS The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)1 of being situated in an estuarine environment within the 100 year floodplain along the Indian River and in staff's opinion it appears that all other Stoiinwater Management and Flood Protection Ordinance requirements can be met without adverse impact on other lands in the estuarine environment. A separate request for a Land Development Permit has been received by the Public Works Department. Alternative No. 1 Approve the cut and fill balance waiver request. Alternative No. 2 Deny the waiver request and require re -design to accomplish an on-site balance of cut and fill. July 9, 2002 18 • • RECOMMENDATIONS Staff recommends approval of Alternative No. 1. ATTACHMENTS 1. Letter from Schulke, Bittle & Stoddard dated January 10, 2002. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously granted the cut and fill balance waiver, as recommended in the Memorandum. 7.F. Floodplain Cut and Fill Balance Waiver for Lot 6, Block 21, Vero Lake Estates, Unit 4, 7975 92nd Avenue The Board reviewed a Memorandum of June 28, 2002: TO: THROUGH: FROM: SUBJECT: REFERENCE: James Chandler County Administrator James W. Davis, P E Public Works Director AND Christopher J. Kafer, Jr , P County Engineer � David B. Cox, P E , Civil Enginee�tJ C Request for Floodplain Cut and Fill Balance Waiver for Lot 6, Block 21, Vero Lake Estates, Unit 4, 7975 92nd Avenue Project No. 2002040132-31295 DATE: June 28, 2002 DESCRIPTION AND CONDITIONS CONSENT AGENDA MGB Construction has submitted a building permit application for a single-family residence on the subject property. The site is located in an AE special flood hazard zone, base flood elevation 23.0 ft. July 9, 2002 19 N.G.V.D. In the attached letter from the applicant's engineer dated June 25, 2002, a wailer of the cut and fill requirements is requested The lot area is 1.06 acres The volume of the 100 -year floodplain displaced by the proposed grading plan is estimated to be 546 cubic yards. ALTERNATIVES AND ANALYSIS The waiver request has been reviewed by staff and appears to meet the criteria of Section 930.07(2)(d)4. of the StolLlwater Management and Flood Protection Ordinance for lots located in the Vero Lake Estates Municipal Services Taxing Unit. Alternative No. 1 Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4. Alternative No. 2 Deny the cut and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement. RECOMMENDATIONS Staff recommends approval of Altemative No. 1. ATTACHMENTS 1. Letter from Ronald G. Keller, P.E., dated June 25, 2002. 2. Calculations for cut and fill ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously granted the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended in the memorandum. 7. G. Right of Way Acquisition - 41s1 Street between 43rd Avenue and 58t Avenue - Danny R. Darnell The Board reviewed a Memorandum of July 2, 200» July 9, 2002 20 • • TO: THROUGH• FROM: SUBJECT: DATE: James E. Chandler, County Administrator James W. Davis, P E , Public Works Directo AND Chnstopher J. Kafer, Jr., P.E., County Engine Ronald L. Callahan, Right -of -Way Agent Right -of -Way Acquisition 41st Street between 43rd Avenue and 58th Avenue County Project No. 0016 Danny R. Darnell July 2, 2002 DESCRIPTION AND CONDITIONS An additional 60 -feet (see Exhibit "A") of right-of-way is needed along the south boundary of the subject property that borders 4151 Street to accommodate a road improvement project. Currently, there is 40 -feet of existing road right-of-way and the acquisition of the additional 60 -feet will attain the 100 -foot ultimate right-of-way for this location. The proposed right-of-way parcel measures 60' x 97.5', which is 5,850 square feet The property owner has executed a contract at a price of $1.00 per square foot, which is based on a current appraisal of the subject property, zoned RMH-8. The total contract price is $6,000.00. The price for the land is $5,850.00, which is calculated by multiplying 5,850 square feet times $1.00 per square foot. The balance of the contract price ($150.00) is compensation for a tree house, which is situated in the proposed right-of-way. There are no attorney's fees. There is a $300.00 appraisal fee associated with this right-of-way purchase. ALTERNATIVES AND ANALYSIS None. RECOMMENDATIONS Staff recommends that the Board of County Commissioners approve the $6,000.00 purchase and authorize the Chairman to execute the contract. Funding will be from Account # 315-214-541-066.12 ATTACHMENTS 1. Two "originals" of the Purchase Contract July 9, 2002 21 L.. J ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the $6,000 purchase and authorized the Chairman to execute the contract with Danny R. Darnell, as recommended in the Memorandum. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. Out -of -County Travel by Chairman Stanbridge to Tallahassee July 23-24, 2002 - Florida Communities Trust - Lost Tree Islands The Board reviewed a Memorandum of July 2, 2002: DATE: July 2, 2002 TO: FROM: Chairman Ruth M. Stanbridge RE• Trip to Tallahassee Member of the Board of County Commissioners There is a good possibility that the Florida Communities Trust (FCT) Governing Board will be considering increasing the percentage match towards purchase of the Lost Tree Islands at their July 24, 2002 meeting in Tallahassee. The Conservation Fund has felt that it be advisable for me to plan to attend this meeting with them. Therefore, I request travel outside the county for July 23 — 24, 2002. Commissioner Ginn requested this be separated in order to change it so that any Commissioner who wishes to attend may attend. particularly because she wished to attend. July 9, 2002 22 • • ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved out -of - county travel by Chairman Stanbridge and any other Commissioner (who wished to attend) to Tallahassee July 23- 24, 2002, as requested. 8.A. REPRESENTATIVE OF REPRESENTATIVE IRVING SLOSBERG'S OFFICE ADDRESS REGARDING THE DORI SLOSBERG DRIVER EDUCATION SAFETY ACT The Board reviewed backup submitted and a letter of June 28, 2002: Florida House of Representatives Repre..eutative Irving Slosberg District 39 Reply to; 9045 LaFontana Blvd., B-17 Boca Raton, FL 33434 (561) 637-7097 June 28, 2002 Dear Ms. Gunther: 402 South Monroe Street Tallahassee, Florida 32399-1300 (850)483.1302 New drivers put all motorists at risk. However, Florida's youngest, most inexperienced drivers lack the funding for effective driver's education programs. This is why the Florida Legislature passed the "Dori Slosberg Driver Education Safety Act" during the 2002 Legislative Session to give student drisers the resources to fund successful driving programs in our schools. We would like Indian River County to pass tnis ordinance, which allows the Cornrnission to add a 53 surcharge to each civil traffic violation. This does not include parking tickets. This ordinance would nave brought 565,298 to Indian River County in 2000. I would welcome the opportunity to work with the Commission to implement this wonderful piece of legislation. I am enclosing two newspaper articles for your review. Please contact myself or Desiree Morel, my Legislative Assistant, at (561) 637-7097 to begin tne implementation process. We would like to address the Commission about this legislation at your upcoming meeting. Thank you in advance for your consideration, Representative Irving "Ixv" Slosberg District 89 July 9, 2002 23 Lawrence Victoria, an aide to Representative Irving Slosberg, explained the purpose of the bill written in the above letter. He specified that Representative Slosberg wanted language that the Traffic Magistrate cannot waive this fee. Conunissioner Adams asked for clarification and was advised that the fees collected in our county will be added to the monies already in the schools' Drivers' Ed programs. She understood that the policies and procedures will be developed by Administrator Chandler and the grants will be used for direct educational expenses for both public and private schools. Clerk of Circuit Court Jeff Barton explained that the Clerk's responsibilities would be to collect the fines and send the funds to the County at the end of each month. The County would then disburse the funds as grants to schools that make application. Clerk Barton further advised that his office will not charge a fee. He had spoken earlier to both judges who handle the cases and reported they are in favor of the program. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Ginn to direct the County Attorney to write up the ordinance and advertise it for public hearing. Commissioner Macht spoke in opposition because he believed the additional S3 fee would be adding an administrative burden to the system and have a negative financial impact on young people who just slip up occasionally. July 9, 2002 THI-. CHAIRMAN CALLED THE QUESTION and the motion carried 4-1. (Commissioner Macht opposed) 24 ems e • • 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2002-022 - REZONE UNINCORPORATED AREA OF THE NORTH BARRIER ISLAND NORTH OF CR -510 TO RESIDENTIAL SINGLE FAMILY PROOF OF PUBLICA CION IS ON FILE IN THE OFFICE OF HIE CLERK TO THE BOARD Community Development Director Robert Keating reviewed the Memorandum of June 27, 2002 as follows using location maps and other visual aids on the ELMO (see backup file). He explained the requirement for two public hearings when the County initiates rezoning property. TO: James E. Chandler County Administrator DEP ' TMENT HEAD CONCURRENCE Obert M. Keating, AI / Community Development Dirt(ofo THROUGH: Sasan Rohani, AICP Si/7- Chief, Long -Range Planning FROM: Randy Deshazo; Planner, Long -Range Planning DATE: June 27, 2002 RE• County Initiated Request to Rezone all RM -3 and RM -4 zoned Properties in the Unincorporated area of the North Barrier Island north of CR 510 to RS - 3 or RS -6 (RZON 2001-02-0097) [FINAL HEARING] It is requested that the following infozntation be given formal consideration by the Board of County Commissioners at its regular meeting of July 9, 2002. DESCRIPTION AND CONDITIONS This is a county initiated request to rezone approximately 120 acres of residential property in the unincorporated area of the North Barrier Island from Multiple -Family Residential districts (RIM - 3 and RM -4) to Single -Family Residential districts (RS -3 and RS -6 respectively). Of these 120 acres approximately 115 acres, consisting of 62 lots are zoned RM -3, while the remaining five acres consisting of three lots, are zoned RM -4. July 9, 2002 25 The subject properties, depicted in the figure below, are located north of CR 510, mostly on the east side of A1A. As shown in the figure, the subject properties have been grouped into two areas: Area 1 comprises all of the RM -3 zoned properties and Area 2 comprises the RM -4 zoned properties. The purpose of the rezoning is to ensure that future development on the North Barrier Island will be compatible with surrounding land uses, which are predominantly single-family residential developments. Backround In 2001, the Board of County Commissioners directed staff to rezone all multi -family zoned properties on the North Barrier Island north of CR 510 to single-family residential districts. Since the board's directive involves a county initiated, rather than a property owner initiated, rezoning action staff sent a letter to all affected property owners on May 8, 2001 to ask if they support the proposed rezoning In response to that letter only one property owner indicated that he opposed the rezoning, and that owner has since sold his property. One other owner indicated that he had questions regarding the proposed rezoning and staff contacted that owner. The owner stated that he had concerns regarding how the rezoning might impact potential future development of his property, and staff informed him that the rezoning would not impact future development on his property, given the small size and particular configuration of the parcel. Rezoning Procedures State law provides special requirements for county initiated rezonings, such as the subject request, that involve more than 10 acres. Among those special requirements are the following: o The Board must hold two advertised public hearings, one of which must be after 5:00 P M. on a week day unless the Board by a majority plus one vote elects to conduct that hearing at another time of day; and o The second Board hearing must be held at least 10 days after the first Board hearing and must be advertised at least five days pnor to the second hearing. On May 9, 2002, the Planning and Zoning Commission voted 4-0 to recommend that the Board of County Commissioners approve this request. On June 11, 2002, the Board of County Commissioners held the first public hearing on this item. At that time, the Board voted 5-0 to hold the second and final public hearing on this rezoning request at 9:00 A M. on July 9, 2002. This is the second and final Board of County Commissioners public hearing on this matter. At this hearing, the Board is to consider adoption of an ordinance rezoning all multi -family zoned properties on the North Barrier Island north of CR 510 to single-family residential districts. July 9, 2002 26 • Multiple -Family Zoned Areas Atlantic Ocean Area 1: RM -3 GOV. LOT 0 Area 2: RIi-4 Area 1: Existing Land Use Pattern Most of the subject properties comprising Area 1 consist of undeveloped land. Of those properties which are developed, single-family subdivisions predominate. Subdivisions that will be rezoned are Windsor Beachside, Sanderling, and Ocean Bluff. Directly south of Ocean Bluff is Treasure Shores park. Abutting the Area 1 subject properties to the north and west, land is zoned RS -3. West of the subject properties are the Windsor Planned Development, and the Wabasso Estates, Turtle Cove, and Ocean Way subdivisions. The Town of Orchid lies to the southwest of the Area 1 subject properties. To the east lies the Atlantic Ocean. Area 2: Existing Land Use Pattern The subject properties comprising Area 2 consist of a single-family residence and undeveloped land. The Town of Orchid lies directly north of the subject properties To the south and west of the Area 2 subject properties, land is zoned RS -6, single-family residential (up to 6 units/acre) and contains the Spring Place and Summerplace subdivisions To the southwest, land is zoned RT -6, transitional single-family residential (up to 6 units/acre) and contains the Oceanaire Heights subdivision. To the east lies the Atlantic Ocean. July 9, 2002 27 • Area 1: Future Land Use Pattern The subject properties comprising Area 1 are designated L-1, Low -Density Residential -1, and REC, Recreation, on the Future Land Use Map. The REC designation does not penult any residential development. Land to the north and west of Area 1 is also designated L-1 The L-1 designation permits residential uses with densities of up to 3 units/acre. To the south hes the Town of Orchid Area 2: Future Land Use Pattern The subject properties compnsing Area 2 are designated L-2, Low -Density Residential -2, on the Future Land Use Map The L-2 designation permits residential uses with densities of up to 6 units/acre. To the north of Area 2 lies the Town of Orchid, while land to the south and west is desianated L-2. Environment Most of the subject properties contain wooded lots with saw palmetto, live oak, cabbage palm, seagrape, sea oats, and beach bean In addition, Brazilian pepper is also found on many sites and competes with desirable native species. While there are no jurisdictional wetlands on the subject properties, the Flood Insurance Rating Maps indicate that many of the subject properties contain flood hazard areas. Utilities and Services The subject properties are located within the Urban Service Area of the county Water lines extend from the North County Reverse Osmosis Plant along A1A. Wastewater lines extend from the North Regional Wastewater Treatment Plant along A1A north to the southern tip of Treasure Shores park. Transportation System Both Areas are, generally, bounded on the west by A1A. Classified as a rural minor arterial roadway on the future roadway thoroughfare plan map, this segment of A1A is a two-lane road with 100 feet of public road right-of-way. No expansion of this segment of AlA is programmed. ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of: o Concurrency of public facilities; o Compatibility with the surrounding area; o Consistency with the comprehensive plan; and o Potential impact on environmental quality. Concurrency of Public Facilities The subject properties are located within the county Urban Service Area, an area deemed suited for urban scale development The comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Drainage, and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The comprehensive plan also requires that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. July 9, 2002 28 • • Policy 3.2 of the Future Land Use Element states that no development shall be approved unless it is consistent with the concurrency management system component of the Capital Improv, ments Element. For rezoning requests, conditional concurrency review is required. Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the concurrency review to be based upon the most intense use of the subject property based upon the requested zoning district. The site information used for the concurrency analysis is as follows: 1 Size of Area to be Rezoned: ±120 acres 2. Land Use Designations: 3. Existing Zoning Districts: 4. Proposed Zoning Districts: REC, Recreation, (zero density), L-1, Low -Density Residential -1 (up to 3 units/acre) and L-2, Low -Density Residential -2 (up to 6 units/acre). RM -3 and RM -4, Multiple -Family Residential Districts RS -3 and RS -6, Single -Family Residential Districts As per section 910.07(2) of the Concurrency Management Chapter of the County's Land Development Regulations, projects that do not increase density or intensity of use are exempt from concurrency requirements. This rezoning request is exempt from concurrency review because the requested zoning would not increase the potential number of units that could be built on the subject properties. In the north area (Area 1), there will be no increase in the potential number of units because the currently RM -3 zoned properties will be rezoned to RS -3 Since both districts allow up to 3 units/acre, there would be no increase in density. In fact, the actual dwelling unit yield for regular single-family subdivisions under RS -3 zoninc is between 2 and 2.5 units per acre, while the yield for multi -family projects under RSI -3 zoning can be as much as 3 units per acre. For this reason, the Area 1 rezoning will result in a decrease in allowable net density. Furthermore, approximately 53 acres of the RM -3 zoned subject properties are publicly owned lands designated as REC, recreation, on the Future Land Use Map. These properties will never be developed for residential purposes, regardless of zoning Similarly, the proposed zoning in the south area (Area 2) will not result in a density increase While the Area 2 rezoning request involves rezoning properties from RM -4 (up to 4 units/acre) to RS -6 (up to 6 units/acre), only three parcels will be affected. Because of the small sizes and particular configurations of those lots, the RS -6 zoning will result in an effective decrease in density The density decrease is attributable to the fewer units that can be built on those parcels with single-family zoning than could be built on them if they remained at their multi -family designation. In this case, a detailed concurrency analysis will be done in conjunction with any new development project on any of the subject properties. That concurrency analysis will address facility service levels and demand. Compatibility with the Surrounding Area With the subject property located in an area that is dominated by single-family, low-density development, compatibility is not a major concern for this request. Indeed, compatibility is the reason for the rezoning request. Since land to the north and west of Area 1 is currently zoned July 9, 2002 29 RS -3, the rezoning of properties zoned RM -3 to RS -3 will result in a continuation of an existing zoning pattern. For land currently zoned RM -4 (Area 2) surrounding properties are zoned RS -6 and RT -6, so the rezoning of that property to RS -6 will result in a continuation of an existing zoning pattern as well. For these reasons, development of the subject property with single-family residential development will be compatible with surrounding areas. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezomngs must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which include agnculture, residential, recreation, conservation, and commercial and industnal land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1.11 and 1.41, and Objective 11 of the Coastal Management Element. - Future Land Use Element Policy 1.11 Future Land Use Element Policy 1.11 states that the Low -Density Residential Land Use designations shall be applied to those areas which are suitable for urban and suburban scale development, and shall be limited to lands that are located within the Urban Service Area and near existing urban centers Since the subject properties are suitable for urban and suburban scale development, and are located within the Urban Service Area, the request is consistent with Future Land Use Element Policy 1.11. - Future Land Use Element Policy 1.41 Future Land Use Element Policy 1.41 states that the Board of County Commissioners recognizes that not every zoning district allowed in a land use designation is appropriate for every site within that land use designation. Since the subject properties are adjacent to other single-family areas and are separated from major commercial and industrial areas, single-family zoning is appropriate. -Coastal Management Element Objective 11 Coastal Management Element Objective 11 states that the county will not allow an increase in the density of land use within the Coastal High Hazard Area (an area containing the subject properties). Even though the rezoning request includes a change from RM -4 to RS -6 in Area 2, the maximum yield for dwelling units in regular single-family subdivisions zoned RS -6 is four units per acre; therefore, the rezoning would result in an even swap in allowed density. Consequently, this request is consistent with Objective 11 of the Coastal Management Element of the comprehensive plan. While Future Land Use Element Policies 1.11, 1 41 and Coastal Management Element Objective 11 are particularly applicable to this request other comprehensive plan policies and objectives July 9, 2002 30 • • also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff deteimined that the request is consistent with the comprehensive plan. Potential Impact on Environmental Quality Environmental protection regulations are the same for both multiple -family and single-family zoning districts. Those regulations require that, prior to residential development of a site, the developer complete an environmental survey to determine the extent of any jurisdictional wetlands on site. That survey must be approved by the county's environmental planning staff Any jurisdictional wetlands deteuuined to be located on the parcel are regulated by federal, state and county agencies. A survey of listed species would also be required prior to development of the site. If that survey found any listed species, the developer would be required to coordinate with the appropriate state and federal agencies. Therefore, there will be no additional negative impact on environmental resources associated with this request. CONCLUSION The requested zoning is compatible with the surrounding area, and is consistent with the goals, objectives, and policies of the comprehensive plan. Rezoning the properties to single-family residential districts will have no negative impacts on environmental quality or the provision of public facilities and services. The subject properties are located in an area deemed suitable for low-density, single-family residential development. The request meets all applicable criteria. For those reasons staff supports the request. RECOMMENDATION Based on the analysis, the Planning and Zoning Commission and staff recommend that the Board of County Commissioners rezone the subject properties to RS -3 or RS -6 by approving the attached ordinance. ATTACHMENTS 1. Summary Page 2. Rezoning Application 3. Approved Minutes of the May 9, 2002, meeting of the Planning and Zoning Commission 4. Unapproved Minutes of the June 11, 2002, meeting of the Board of County Commissioners 5. Rezoning ordinance July 9, 2002 31 Ex SL,VIM RY PAGE GENERAL Applicant: Indian River County Location: Mostly east of Al A, north of CR 510 on the North Barrier Island Acreage: 120 Land Use Designation: REC, Recreation (zero density), L-1, Low Density Residential (up to 3 units/acre) and L-2, Low Density Residential (up to 6 units/acre) Existing Zoning: 115 acres of RM -3 Multiple -Family Residential District (up to 3 units/ac.) & 5 acres of RM -4, Multiple -Family Residential District (up to 4 units/1 ac.) Requested Zoning: RS -3 and RS -6, Single -Family Residential District (up to 3 units/ac and up to 6 units/acre.) Existing Land Use: Subdivisions, single-family home, wooded lots, county owned parks ADJACENT LAND North: Single-family subdivisions South: Single-family subdivisions East: Atlantic Ocean West: Single-family subdivisions; zoned RS -3, RS -6. INFRASTRUCTURE Water and sewer available; access from AlA ENVIRONMENTAL CONSTRAINTS Flood hazard areas PUBLIC NOTIFICATION Planning and Zoning Board of County Commissioners (first public hearing) Board of County Commissioners (final public hearing) Staff Contact: Randy Deshazo Randy Desha7o Randy Deshazo Date Advertised: April 26, 2002 May 31, 2002 June 26, 2002 # of Surrounding 137 137 137 Property Owner and Property Owner Notifications: Date Notification April 23, 2002 May 10, 2002 June 11, 2002 Mailed: Date Sign Posted: April 23, 2002 May 29, 2002 June 18, 2002 STAFF RECOMMENDATION Staff supports the request July 9, 2002 • • The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Bill Glynn, 1802 Barefoot Place, as President of the North Beach Civic Association and Summerplace Improvement Association, believed this change to be a defining moment in the Board's tenure. He thanked and congratulated them for their leadership and demonstration of opposition to density and height and for supporting what the people want. He thanked staff and Long Range/Economic Development Planner Randy Deshazo for the great job in putting this together. Brian Heady, Vero Beach, spoke in opposition to the rezoning because the property is worth more zoned for multi -family. He believed the property owners will sue the county which will raise taxes. He also expressed his opposition to the previous item. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Commissioner Ginn reported having read recently that the Supreme Court has said that compatibility with surrounding buildings homes or whatever, is an issue that may be considered, so she felt the Board was on good legal ground. July 9, 2002 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Macht, the Board unanimously adopted Ordinance No. 2002-022 amending the Zoning Ordinance and the accompanying Zoning Map for all unincorporated county properties in the north barrier island north of CR 510 that are currently zoned as multiple -family residential districts (RM -3 or 33 RM -4) to single-family residential districts (RS -3 or RS -6 respectively) and providing codification, severability, and effective date. ORDINANCE NO. 2002- 022 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ALL UN -IN CORPORA 1 ED COUNTY PROPERTIES IN THE NORTH BARRIER ISLAND NORTH OF CR 510 THAT ARE CURRENTLYZONED AS MULTIPLE -FAMILY RESIDENTIAL DISTRICTS (RM -3 OR RM -4) TO SINGLE-FAMILY RESIDENTIAL DISTRICTS (RS -3 OR RS -6, RESPECTIVELY); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held two public hearings pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAIN -ED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described properties situated in Indian River County, Florida, to -wit: THOSE PARTS OF GOVERNMENT LOT 6 AND GOVERNMENT LOT 11 LYING EAST OF S.R. AIA IN SECTION 10, TOWNSHIP 31S, RANGE 39E; AND THOSE PARTS OF GOVERNMENT LOT 1 AND GOVERNMENT LOT 6 LYING EAST OF S.R A1A IN SECTION 15, TOWNSHIP 31S, RANGE 39E; AND THOSE PARTS OF GOVERNMENT LOTS 1, 2 AND 3 LYING EAST OF S.R. A1A IN SECTION 14, TOWNSHIP 31S, RANGE 39E. LESS AND EXCEPT ALL PUBLICLY OWNED CON -1 ZONED LAND Be changed from RM -3, Multiple -Family Residential District (up to 3 units/acre) to RS -3, Single- family Residential District (up to 3 units/acre) AND 2002 34 • • ALL OF THAT UNPLATTED PART OF GOVERNMENT LOT 5, SECTION 23, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING ON EACH SIDE OF STATE ROAD A -1-A, BOUNDED ON THE NORTH BY ORCHID ISLAND PLAT 7 AS RECORDED IN PLAT BOOK 13 PAGE 14 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA ON THE SOUTH BY SUMMERPLACE UNIT 4, AS RECORDED IN PLAT BOOK 8 PAGE 22 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA, ON THE WEST PARTLY BY OCEANAIRE HEIGHTS UNIT 3, AS RECORDED IN PLAT BOOK 5 PAGE 53 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND SPRING PLACE SUBDIVISION AS RECORDED IN PLAT BOOK 10 PAGE 22 OF INDIAN RIVER COUNTY, FLORIDA Be changed from RM -4, Multiple -family Residential District (up to 4 units/acre) to RS -6, Single - Family Residential (up to 6 units/acre). All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 9th day of July 2002. This ordinance was advertised in the Press -Journal on the 31St day of May, 2002, for a public hearing to be held on the 11th day of June, 2002. This ordinance was also advertised in the Press Journal on the 26th day of June, 2002, for a public hearing to be held on the 9th day of July, 2002, at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner Mac h t and adopted by the following vote: Chairman Ruth M Stanbridge Ay e Vice -Chairman John W Tippin Ay e Commissioner Fran B. Adams Ay e Commissioner Kenneth R Macht Ay P Commissioner Caroline D. Ginn Ay P BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: & l`% �'{ --�• Ruth M. Stanbridge, CCirman ATTEST BY �����c-1-e Jeffrey K. Barton, Clerk r This ordinance was filed with the Department of State on the following date: 1 `/ s( =Ateu APPROVED AS TO FORM AND LEGAL SUFFICII-NCY July 9, 2002 y County Attorney 35 APPROVED AS TO PLANNIIN G MATTERS & Robert M. Keating, AICP ommunity evelopinent Director Indian River Co. .cd dIairzonInialIord Approved Date Admin. {/ l(/ 7/-Z/,' �._) Legal // Budget l yy� )N__ - 71/4 Dept. q /1...i 0/2471e:. Risk Alga - ier \cd\u4Crzon\nblord dad 9.A.2. PUBLIC HEARING - REVISIONS TO THE COUNTY LAND CLEARING REQUIREMENTS AND TREE PROTECTION ORDINANCE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK [,0 THE BOARD Chief Environmental Planner Roland DeBlois reviewed a Memorandum of June 25, 2002, focusing on the changes made since the last time this matter was brought to the Board. He explained the three substantive changes and definitions that were changed. TO: James E. Chandler County Administrator TVIENT HEAD CONCURRENCE: Robert M. Keating, JCP Community Development Director 2 THROUGH: Roland M. DeBlo Chief, Environmental Planning & Code Enforcement FROM: Brian Po�_.:i�C Senior • onmental Planner DATE: June 25, 2002 RE• County Initiated Request to Adopt Revisions to the County Land Clearing and Tree Protection Ordinance It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of July 9, 2002. BACKGROUND) On January 22, 2002, the Board of County Commissioners held a public hearing to consider proposed revisions to the County Land Clearing and Tree Protection Ordinance. At that time, several people provided comments to the Board regarding the proposed ordinance revisions. Among those comments was a concern that there had been insufficient time for the public to review the proposed ordinance changes. Consequently, the Board voted to recess the public hearing to allow time for staff to give presentations to, and receive comment from, interested groups and organizations. Subsequently, presentations were made to the Pelican Island Audubon Society, the Eugenia Chapter of the Florida Native Plant Society, and the Pelican Island Preservation Society. A total of 75 people attended those three meetings. On March 1, 2002, an advertised public workshop was held, and 28 people attended. The Board reconvened its January 22, 2002, public hearing on March 12, 2002. At that hearing, there was more public comment and a request for more time to review the proposed ordinance July 9, 2002 36 • • changes. In response to those comments, the Board closed the public hearing and directed staff to schedule another hearing after staff gave presentations to, and received comments from, other interested groups and organizations. Presentations were then made to the Treasure Coast Builders Association, the Indian River County Board of Realtors, and the Vero Beach Tree Commission. A total of 58 people attended these meetings. On April 19, 2002, an advertised public workshop was held, and 25 people attended. Based upon the input received at the most recent meetings, staff has made changes to the Ordinance version that the Board considered at its March 12 meeting. The Board is now to consider the revised proposed Ordinance, and is to adopt, adopt with changes, or not adopt the proposed Ordinance. ANALYSIS Staff has reviewed the comments received from the public hearing, public workshops, presentations, email, and personal communication, and proposes revisions to the March 12 draft Ordinance based on those comments (see Attachment 1, proposed Ordinance). The proposed changes affect two separate Chapters of the County's Land Development Regulations (LDRs). These are Chapter 901, Definitions, and Chapter 927, Tree Protection and Land Clearing. The proposed changes are detailed below. In the Definitions Chapter, there are only a few changes, and those are listed below. For the Tree Protection and Land Clearing Chapter, the changes are organized by the Section where the proposed change occurs. With each proposed revision, there is an evaluation of what the change is (Change), and a discussion of the reasoning behind the proposed change (Reason). Minor Changes Section 901.03. Definitions. • Added definition of area at breast height. This term is used in Section 927.22(1) for the purpose of detetinining the number of trees to be replanted as a result of illegal tree removal. • Added definition for the term Florida Grade Number One. This term is used in several Chapters of the Code including Chapter 927. • Changed the list of plants that are excluded from the definition of Protected Tree and Specimen Tree. Previously, only those trees listed as Category I on the Florida Exotic Pest Plant Councils List of Florida's Invasive Species were excluded from the definition of Protected or Specimen Tree. The definition now reads that all trees (trees only) on the Florida Exotic Pest Plant Councils List of Florida's Invasive Species are not to be considered as a Protected or Specimen Tree. This list has two categories of invasive plants, Category I and Category II. With this change, trees that are in either category will not be considered as Protected or Specimen Trees. • Changed and moved the calculation of the Critical Root Zone (CRZ) from Section 927.16 to the Definition Section. The CRZ is now defined as a radius around the tree that is calculated as one foot of radius for every one inch of diameter at breast height (dbh). See Section 927.16 below for a complete explanation of the change and the reasons behind the change. Section 927.12. Disposal of tree removal or land clearing debris. Change: The time frame during which land clearing and tree removal debris may remain onsite has been increased from 60 to 90 days. July 9, 2002 Reason: The existing ordinance allows for a period of 60 days for the debris to remain on-site. This is to allow for drying of the material so that it can be disposed of properly. Staff from the Florida Division of Forestry has suggested that a more reasonable time would be 90 days. 37 GI( mob. .•••1 Section 927.15. Specimen tree protection. Change: The sentence "A reasonable effort need not remove all economic value of the property in order to be considered not 'practicable"' has been removed. thin the t this Reason: There is allow the cncem county to isubstantiallregulated proposed tprojectssto thee exnt that the project would not be economically viable and could result in a takings issue. Staff attempted to assure the regulated community that this was not the case. In fact, staff has stated that, should a situation arise that is unacceptable to an applicant, the applicant has the option to appeal staffs decision. It is staff's opinion that the removal of this language does not alter the authority of the proposed ordinance. Section 927.18 (1)(d)(4). Change: Specific language regarding the type of tag required for the tree and the location of the tag on the tree has been added. Reason: This change reflects the experience of the Town of Indian River Shores with implementation of its tree protection ordinance. This revision will provide for a uniform marking system that, in conjunction with the tree survey, will allow staff to better locate trees that are to be saved on the project site. Section 927.18(4). Change: Increased, from one foot to five feet, the minimum distance from the tree where the use of special techniques or methods may be used if approved by staff If impacts are proposed within the five foot radial distance, a written statement from a Certified Arborist will be required. This statement must certify that the proposed special techniques or methods wilnot result in impact within the five foot os probability of damage to the tree. Any proposed radial distance that would cause physical damage to the roots, trunk, or buttresses of the tree will not be approved. Reason: In previous drafts of this ordinance, the minimum distance was set at one foot; however, it was felt that this was too close to the tree considering the roots and buttressing of certain trees. The existing ordinance allows impacts to within five feet of a tree Major Chances Section 927.16. Critical Root Zone determination. Change: The calculation of the Critical Root Zone (CRZ) has been changed. The CRZ definition is now in Section 901.03, Definitions. The CRZ is calculated as a radius that is equal to one foot of radius for every inch of diameter at breast height (dbh). A description of tree well construction and techniques has replaced the CRZ information (see below). Reason: The original calculation of the CRZ took into account four factors in arriving at the size of the CRZ These factors were: the species of tree; the age of the tree; the condition of the tree; and the relative tolerance of the tree species to various impacts. Of these four factors, only the species of the tree and the relative tolerance would generally be undisputed. The other two factors require some subjective determinations. Based on comments received at the public workshops, written comments, July 9, 2002 38 • personal communication, and infotniation obtained from the Internet, staff concluded that a simple direct calculation would protect the trees as well as the more complex method and would eliminate the subjectivity and complexity. This resulted in the deletion of the CRZ calculation in Section 927.16. The CRZ is now defined in Chapter 901, Definitions, as being one foot of radius from the center of the tree for every one inch of diameter at breast height (dbh). For example: a Protected Tree having a dbh of 22 inches would have a CRZ that would be a circle around the tree with a radius of 22 feet. Using the previous methodology, the CRZ would range from 11 to 41 feet depending on the species, health, age, and tolerance of the tree. The revised method of CRZ determination is commonly used in other ordinances that staff reviewed. To further determine the effect this change may have on tree protection, staff reviewed a number of previously approved development projects and determined the CRZ using the two methodologies. Using the four factors to determine the CRZ (exiting proposed method) generally resulted in a CRZ radius that was 0.75 feet for every inch of dbh; whereas, the proposed new method would result in a CRZ radius that is 1.0 foot for every inch of dbh. It is staffs conclusion that, in most cases, the new method will result in a slightly larger CRZ than the previous method. Section 927.18(3). Tree protection during site development for projects that require tree preservation. Change: This Section has been deleted. Reason: Initially, the Board of County Commissioners indicated that staff should be on- site during land clearing and tree removal activities that occurred in the vicinity of trees that were to be saved. Staff feels that this approach is not feasible for the following reasons: July 9, 2002 ▪ limited staff, • many projects would require several days of on-site supervision, and • there are usually multiple projects going on at any one time. In previous drafts of this ordinance, staff had incorporated the requirement of having a Certified Arborist on-site during these activities. As proposed in those drafts, the Certified Arborist would be paid for by the developer. As an option to the Certified Arborist, the Professional Services Advisory Committee (PSAC) suggested that an applicant be allowed to post a Performance Guarantee. The purpose of these two methods is to reduce or eliminate the intentional, or unintentional, removal or damage of trees that are to be saved. It was felt that the Certified Arborist would achieve this by stopping activity that he/she felt would damage or destroy the saved trees. With respect to the Performance Guarantee, it was thought that this would provide a financial disincentive to the removal of saved trees. There was much discussion about the effectiveness of both of these methods. Generally, the comments were as follows: Certified Arborist: 1. There are a limited number of Certified Arborists in the immediate area. A search of the International Society of Arborists web site produced a list of only 22 Certified Arborists in the area (from Melbourne to Ft. Pierce). It is unlikely that all those on the list will want to perform this activity, and it is unlikely that those who do will want to spend several days on a 39 • July 9, 2002 single site watching equipment removing vegetation. In addition, the size and forested nature of some developments would require that more than one Certified Arborist be on-site. Any developer who is unscrupulous enough to want to remove saved trees will find a way to do it despite the on-site Certified Arborist. There were concerns that there would be a perception of possible collusion between the Certified Arborist and the developer, or at least undue influence, since the Certified Arborist was being paid by the developer. To address that issue, staff revised an earlier version of the ordinance to provide that the Certified Arborist would be paid by the county, and the county would be reimbursed its expense from the developer. This process, however, would create additional workload for the county in tracking, handling, and coordinating this process. In addition, this revised process produced concerns that the Certified Arborists would inflate their charges since they would be working for the county and it would be the county's responsibility to get the money from the developer. Additionally, some Certified Arborists took exception to the idea that they would act in such an unprofessional manner. Performance Guarantee: There was concern that, for large projects or projects of high value, the bond amounts would not be sufficient to deter illegal tree removal; however, if the bond amounts were set too high the smaller projects would not have sufficient financial resources, or would find financing difficult to obtain. This would necessitate the implementation of a complex formula for determining bond amounts. There was concern that financial institutions would not back or support the bonding requirements since the bonds would be perceived as a high risk investment. Comments were received that the bonds should remain in place for a period of up to three years after the project was complete. This was to ensure that the trees survived. This generated concern that, if a saved tree were to die, it would be difficult to determine if the tree died as a result of the development activity or of natural causes. Finally, staff looked at the data gathered over the last 10 years to determine if there is a real or perceived problem with tree removal permit violations. In the previous 10 years, the county has issued 770 tree removal permits. Of these, 25 pertiiits were issued after -the -fact, and only five of the 770 permits issued resulted in any enforcement action due to the illegal removal of trees. The five violations represent 0.65% of all the tree removal permits issued during the last 10 years. These figures indicate that the cost associated with these alternatives would far outweigh the benefits that would be produced. Based on all the information noted above, staff determined that the best, most efficient and most cost effective method of ensuring that saved trees remain protected is to implement a protocol that: clearly defines those trees that are to be saved (e.g., tree survey, labeling trees in the field); requires that the saved trees have solid and visible protection barriers in place before any land clearing or tree removal activity can take place; provides for monetary penalties for illegal activities; and provides for other deterrents to illegal activities (e.g., restoration actions, suspension or revocation of contractors license). It is staffs opinion that the proposed ordinance meets this protocol. 40 • • Section 927.16. Tree Well Construction and Techniques. Change: This Section has been added, replacing the Critical Root Zone determination. Reason: There was considerable discussion about saving trees in areas where fill needs to be placed. The concern was that a tree could be protected from structural elements, but would still not survive due to fill being placed around the tree. Research indicates that trees can be saved, even on sites with significant fill, when tree wells are used. With substantial fill around a tree, these tree wells can be deep. Due to the potential deepness of some tree wells, safety concerns were mentioned as well as liability issues. Staff researched the matter and was able to find information on tree well construction. Using the construction techniques in the new ordinance section, there will be no area that is open. It is staff's position that, if the only impact to a protected or specimen tree is fill, the tree can be saved and a tree well installed in accordance with this section. Impact of proposed Ordinance revisions on the cost of Affordable Housing County Comprehensive Plan Policy 1.7 of the Housing Element requires that the Board of County Commissioners consider the effect of proposed LDR changes on housing costs. Such an analysis is provided below. There are several areas were the proposed LDR changes could increase costs for projects, including residential projects. These are as follows: 1. Tree survey requirements [Section 927.18(1)(d)J. Currently, a tree survey is required for all development where trees are to be removed; however, a slight increase in the cost of the survey will occur as a result of the new requirement to identify certain individual trees in the field [Section 927.18(1)(d)(4)]. In order to save more trees, redesign of a project may be required. This could result in an increase in design costs. 2. Impacts that occur within the Critical Root Zone (CRZ) of trees that are to be saved [Section 927.18(4)J. If pavement or certain in -ground impacts are to occur within the CRZ of a saved tree, specific construction and engineering techniques will be required to be used within the CRZ in order to reduce impacts on the tree. In such instances, there could be increased costs for design, engineering, and construction. 3. Tree Wells (Section 927.16]. If the only impact to a tree proposed to be saved tree is fill, then tree wells will be required The cost associated with a tree well is dependent on the CRZ of the tree to be saved and the amount of fill necessary. Where tree wells are required, there will likely be an increase in construction costs. 4. Certified Arborist or Performance Guarantee. As originally drafted, the proposed Ordinance would have required either a Certified Arborist on-site (to be paid for by the developer/applicant) or a Perfoiinance Guarantee (bond) posted by the developer for each tree to be saved. Either of these two options could result in significant cost increases for housing projects. This requirement has been removed by staff in the proposed ordinance now under consideration. If the ordinance is adopted as proposed, this item will not increase housing costs. It is staffs opinion that, while the proposed revisions to the Ordinance will likely result in some increases in the cost of residential projects, these costs should not be significant and should not result in project density reductions. July 9, 2002 41 i SUMMARY In the development of the proposed Ordinance, many reference sources were reviewed, and many public comments and suggestions were received. The proposed Ordinance was reviewed by the County Professional Services Advisory Committee and the Planning and Zoning Commission. Presentations were given to six organizations (total of 133 people in attendance), and there were three public workshops with a total of 60 people in attendance. It is staff's opinion that this proposed Ordinance is fair and equitable and will result in greater tree protection. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed revisions to the County Tree Protection and Land Clearing Ordinance (LDR Chapter 927) and Chapter 901, Definitions. ATTACHMENTS Revised Draft Chapters 927 and 901 Ordinance Community Development Director Robert Keating, Mr DeBlois, and Environmental Planner Brian Poole responded to Commissioners' questions concerning many of the changes in order to clarify how those changes were arrived at and how they would be interpreted by staff. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Brian Heady, Vero Beach, declared that rock wells work better than the railroad ties because they don't leach anything into the soil. He complained that the County had removed trees from in front of the Administration Building. (Clerk's Note: Tree removal was to make additional/required parking relative to space used in the employees' parking lot for the Supervisor of Election's new modular office building.) Commissioner Ginn queried Vice Chairman Tippin as to the preference of rocks versus railroad ties for tree wells and he replied that most plants around here like acid in the soil. July 9, 2002 42 r • Debb Robinson, Vice President of Laurel Homes, maintained that government does not have to regulate trees. She asserted that properties with trees will cost more to develop and the extra cost will be passed on to home -buyers. She pointed out that the people who need affordable and moderately priced housing were not there to speak. She suggested, instead of penalties, that the County give incentives for planting trees on lots. Dale Armstrong, Senior Forester with Florida Division of Forestry, 6356 4th Street, gave credit to Messrs. Poole and DeBlois for putting this together and felt there were a lot of good features in it and some misunderstandings. There is a lot of information available about the effectiveness or ineffectiveness of tree wells. A University of Florida publication by Dr Ed Gelman recommended the tree well should be placed outside the drip line. More information is necessary because there are varied opinions on tree wells. He specified that live oaks are a very hardy species unlike maples and laurel oaks which cannot handle injury very well. The PVC with air vents system being proposed has been in a textbook since 1987 and is recommended by the University of West Virginia and Texas A & M Extension Services. Trees on lots increase property values from 7% to 13%. Regarding tree replacement, he proposed a 4" diameter but was willing to see what a 2" diameter will do since the availability of the larger diameter trees is somewhat limited. In parking lots, he recommended increasing distance from the trunk to 10' since placing structures near the root system increases the potential for upheaval of the root system. Lois Work, 8407 Red Bay Court, Indian River Shores, as President of Realtors Association of Indian River County, opposed regulations which impose landscaping and design standards on individual landowners in the belief that the property owner's ability to make decisions on tree placement is paramount and should be protected. The proposed amendment does two negative things: it attacks the private property rights of all landowners and raises the price of homes, making affordable housing more difficult for first-time home - July 9, 2002 43 buyers. This ordinance is an extreme reaction to what happened on Jungle Trail. She asked that the Board not respond to that unfortunate situation with another extreme reaction. Mr. DeBlois stressed that this ordinance exempts single family lots under an acre. He explained that efforts would be made to save a specimen tree (24" native tree) if it is identified during a subdivision's platting. If a tree is located in a building's envelope, there would be no obligation to save it. He also explained the government exemptions on rights- of-way and for utility companies and the reasoning used. Rick Hope, 195 20th Avenue, spoke as an individual, property -owner, as president of a local contracting firm, and as chairman of the Indian River County Chapter of the Treasure Coast Builders Association. He urged defeat of the amendment because the old ordinance was doing very satisfactorily. He agreed there should not be an arborist on site which he viewed as punishing the innocent and a removal of civil liberties. Dr. Richard Baker played a "song" from his laptop. It was a 6 -minute narrative on the importance of insects and trees, life in the natural world and the golden rule of nature: "if you don't need it, leave it." He believed the current ordinance was weak He suggested that queen palms should be eliminated because they are not good substitutes for oak trees or palmettos or other native palms. Removal of oaks and other trees is also responsible for the terrible smell in stormwater ponds which have to be aerated due to runoff of fertilizers. Mark Brackett, 1915 34th Avenue, understood the Commission wanted the rewrite of the tree ordinance to be from the enforcement standpoint, but that has not happened. He believed the Board should increase the fines to the maximum allowable but this new version had opened an environmental Pandora's box. He agreed with Rick Hope that a 99.5% success rate (of the existing tree ordinance) indicates a system that has worked. As long as we have stormwater retention requirements, we are going to lose trees. A solution for stormwater is needed. He gave examples of the number of trees that would be required to July 9, 2002 44 • • replace large diameter trees. Developers want to save trees because trees increase the value of the lots and that makes him happy. This ordinance is cloaked in tree preservation, but it is really more government regulation versus private property rights. Peter Robinson, 315 Greytwig Road, displayed photos of Laurelwood lots before development (no trees) and how they look currently (after Laurel planted trees in the front yards of the houses) to emphasize that tree -planting is a good thing for developers to do. The advantage to planting versus saving trees, he said, is that they are placed where a home- owner would want a tree. Regarding photos he displayed of road rights-of-way with no trees, he suggested that developers be permitted and encouraged to plant along the roads to create a lovely tree scape. He submitted that existing trees may not survive under the new regulations and he believed private individuals will make better decisions than government. He recommended that the County plant trees in the rights-of-way. Chairman Stanbridge mentioned reasons (infrastructure and safety factors) why Public Works does not plant trees in rights-of-way, and Mr. Robinson pointed out that the Board has the ability to overrule the Director of Public Works. Public Works Director James Davis explained that right-of-way demands are increasing tremendously with new technology. The Thoroughfare Plan Right -of -Way is not only for road purposes but also for all infrastructure, including water, sewer, possibly gas, electric, telephone, and fiber optic cables. Road widening is foreseen as well as increases in utility services. Mr. Robinson's placement of trees has been appropriate but it is not a good investment to plant trees where utilities need to go and where roads need to be widened. Director Davis tries to use discretion and good design practices. In 1995 the Department of Transportation published a manual for planting vegetation and trees in the rights-of-way. Commissioner Adams understood Mr. Robinson's feeling that the multitude always July 9, 2002 45 suffers for the sins of the few. In terms of incentives versus penalties, she wanted to see an incentive in the ordinance. She acknowledged that this ordinance was a reaction to what occurred on Jungle Trail, but to save a tree "no matter what" is not the answer. Government, including the County and FDOT, needs to be a part of this. Our job is to leave it better than when we got here. Dedication of some trees could jumpstart County beautification along the road rights-of-way. She noted that the State is taking down oaks and putting in place crepe myrtle which is not up to our standards. We need to let them know our standards and have them perform to our standards. Director Davis explained that a landscape architect was used for Phase I of Kings Highway and there will be planting done on Phase II. If the Board wants to be more specific, those details can be specified and given to FDOT. Director Keating spoke of incentives under planned development and noted they will hear more about this at an upcoming meeting. Tree protection methods are also found in some of our other ordinances. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Commissioner Ginn deemed the proposed ordinance far too complex and asserted the present ordinance had been workable until the Beazer Homes incident. While there were some points she liked, she thought that maybe the Board had pushed staff in the wrong direction. She could not support the changes. Vice Chairman Tippin concurred. He suggested they leave the ordinance as it is but asserted that fines should be increased. Commissioner Ginn thought planting more trees is critical. Mr. DeBlois pointed out that staff needed direction as to what parts the Commission July 9, 2002 46 • • wanted to keep and what they wanted to change. Commissioner Macht mentioned that Beazer Homes was not the only entity to cause problems by taking trees down. He agreed with Commissioner Ginn about giving incentives for planting and thought an apology was owed to staff Chairman Stanbridze agreed Beazer was not the only culprit, but specified that local developers have done an excellent job in trying to work with the County. She wanted to see more aggressive enforcement when there are violations and the penalty should be against the one who actually did it. She agreed the fines need to be increased. There was a brief discussion on possibly not exempting government from the tree ordinance and it was understood that this could not be done. It was stressed that the County needs to set an example. Director Davis stated that we can plant outside the clear zone, 4' behind a standard curb and gutter road. On a non -curb -and -gutter roadway, depending on the type of road, it has to be 18' to 24' from the white edge line (outside of the lane). Many of those areas are graded for stormwater swales and they are under -water a few feet on rainy days but are designed to percolate into the soil or bleed off to an outfall. It was suggested that either cypress, red maple or other species could be planted there. Director Davis pointed out that the `green book' is a mandatory manual adopted by State Statute. Commissioner Ginn commented that live oaks are flourishing where they were planted in the swale at Martin Downs and they look beautiful. Administrator Chandler suggested that staff come back with standards for streetscapes which is different from what is being addressed at this meeting. July 9, 2002 47 MOTION WAS MADE by Commissioner Adams, SECONDED by Vice Chairman Tippin, to deny this ordinance and direct staff to work on an amendment to the old ordinance to include stiffer penalties for tree removal and aggressive enforcement, enhance the definition of specimen trees, add a "critical root zone" (a 5 -foot area of restricted development around a tree), and eliminate the tree wells. County Attorney Paul Bangel asked if the Board wished to continue this hearing or start over in the process and it was determined to start the process over again. Mr DeBlois asked for clarification on the motion. He understood the Board wanted to make no special protection for specimen trees. Also, the Commissioners did not wish to make any change relative to the critical root zone. Commissioner Ginn thought it needed to be defined but required more flexibility than what the proposed amendment offered. She also pointed to Section 927.18 where a tree removal permit comes before the tree survey. Mr. DeBlois stated that a lot of the underlined and struck phrases look really complicated but actually relate to only a couple of modifications. One is the survey requirements with two different sections in the proposed ordinance for single-family homes over an acre versus site plan development. If you want to eliminate the complicated sections, we can just stay with the current survey requirements. The other area that looks complicated is the tree well definition where staff tried to give guidance but the tree well requirements can be left alone. Those two sections will make this look a lot simpler, yet they will be keeping some of the main concepts which are to better define a protection area, based on the size of the tree. The amendment would be defining and protecting larger trees with July 9, 2002 higher standards and increasing the penalties for illegal removal. Vice Chairman Tippin indicated his concurrence with Mr. DeBlois' suggestion. Commissioner Ginn wanted to keep the tree well provisions but thought the ``spokes" should be eliminated, and Mr. DeBlois suggested that part could be modified to: if there is a certain level of fill beyond a certain area of critical root zone, then you have to either keep that level of fill down or provide an arborist -certified tree well that works without anything else. Commissioner Adams questioned why require an arborist and not a landscape architect. Vice Chairman Tippin interjected that it would be difficult to get three arborists to agree regarding tree wells and critical root zones. This is an undefined science that is subject to opinions and is unenforceable. MOTION WAS BRIEFLY RESTATED by Commissioner Adams: to increase the penalties, define the specimen tree, include the provisions on the critical root zone, and eliminate the tree wells. Vice Chairman Tippin affirmed his SECOND. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. Chairman Stanbridge called a 5 -minute recess at 11:35 a.m. The meeting was reconvened at 11:42 a.m. with all members present. July 9, 2002 V- F 9.C. PUBLIC NOTICE ITEM - SCHEDULED FOR PUBLIC HEARING JULY 16, 2002 - CONSIDERATION OF OPTION AGREEMENTS FOR SALE AND PURCHASE OF THE HALLSTROM PROPERTIES, INC., AND ST. LUCIE DEVELOPMENT CORPORATION PARCELS OF THE HALLSTROM FARMSTEAD SITE (Legislative) Chairman Stanbridge announced the hearing as above. 11.G.1. COUNTY ROAD 512 - PHASE III - DENTON RIGHT-OF- WAY ACQUISITION (INITIATION OF EMINENT DOMAIN) Public Works Director James Davis reviewed a Memorandum of June 10, 2002 showing a site drawing on the overhead (similar to page 111 of the backup). TO: THROUGH: James E. Chandler, County Administrator James W. Davis, P.E., Public Works Directs AND Christopher J. Kafer, Jr , P E , County Engine FROM: Ronald L Callahan, Right -of -Way Agent / 4 C_. SUBJECT: County Road 512/Phase III/Denton Right -of -Way Acquisition DATE: June 10, 2002 DESCRIPTION: In February, 2000, Indian River County began the acquisition process on the Robert Denton, Jr. parcel, which comprises 15.01 acres abutting south prong of the St. Sebastian River, south of CR 512 and east of the south prong of the St. Sebastian River bridge. The purpose of the acquisition is to provide a water retention pond and mitigation sufficient to meet current requirements based on the design of CR 512. The acquisition of the Denton parcel has been determined to be essential to the implementation of Phase 111 of the CR 512 widening project. Several alternatives were presented and researched by Masteller and Moler, Inc., the design -engineering firm, and the County engineering staff. None were considered feasible. BACKGROUND: Mr. Denton purchased the subject property in 1996 for $275,000.00. Mr. Denton bought the property with a ten-year holding period in mind. He is of the opinion that the value of this property in 2006 will far exceed anyone's expectations. In February of 2000, the County made the initial written offer of $299,545.00. This figure was not acceptable to Mr. Denton who countered the offer in March, 2000, at $593,290.00. Subsequently in July, 2000, Boyle and Drake, Inc. a local appraisal fine, which Mr. Denton selected, but contracted by the County July 9, 2002 50 .; earJa performed an appraisal of the property. The firm appraised the property as of July 7, 2000 for $340,000.00. On October 2, 2000, the County made Mr. Denton an offer in the amount of $340,000 (appraised value), which he rejected. During this same period (October, 2000), Mr. Denton stated that the figure he had in mind was 527,500.00 per acre and he would counter the offer at 5412,775.00. He then decided not to counter because he didn't want to have the property tied up in case the project were to drag on. However, on March 14, 2002, in a meeting with Jim Davis and myself, Mr. Denton verbally agreed to sell this parcel to the County for $27,500.00 per acre, which is 3412,775.00. Three days later, the County tendered a written offer to Mr. Denton in the amount of 5412,775.00, subject to Board of County Commission approval. After deliberation, Mr. Denton rejected the written offer citing his wish to retain the property until 2006. ANALYSIS: It is now apparent that Mr. Denton is not willing to sell this parcel to the County. To date, no attorney has contacted the County in Mr. Denton's behalf. One appraisal of the property has been made for a fee of $3,500.00. Negotiations with the property owner have ceased. ALTERNATIVES: 1. Attempt to continue negotiations with the property owner; 2. Initiate Eminent Domain proceedings; 3. Abandon the project. RECOMMENDATION: For the above reasons, staff recommends Alternative No. 2 that Eminent Domain (condemnation) proceedings be initiated on the Denton Parcel. ATTACHMENTS 1. Copies of Contracts Robert Denton claimed he did not have timely notice because he had been out of town and he had not had sufficient time to properly prepare. He explained that his family purchased this property as an investment to hold for ten years. He recounted his discussions with Director Davis and their inability to reach a mutual agreement. His family is willing to sell the property as a civic gesture but they envision a park and nature trail, with the wooded area near the river preserved and not a fenced -in "big hole" (retention pond) in the middle of it. Director Davis could not include these amenities in the package but said July 9, 2002 51 nu 1 • perhaps they could be done at a later date through another grant. Mr. Denton had given his `minimum acceptable" price of $27,500 per acre to Director Davis at their first meeting. He related his role in securing an appraiser. The appraised value, however, was considerably lower ($22,600 per acre) than his "minimum acceptable" price. When the County made an offer for the appraised value ($340,000) he had rejected it because he believed the Commission would have a hard time agreeing to his price of $412,775. When Commissioner Adams asked if Mr. Denton would accept $412,775 for the property and Chairman Stanbridge asked if he would continue to negotiate with the County, Mr Denton responded in the affirmative but he wanted to consult with his attorney and he was in no position to sign any document that included an appraisal which is now two years old. He felt certain that his idea for a park, nature trail and preservation of the trees, many of which he believed to be specimens, should be pursued and would conform with the City of Sebastian's plans for the area. He advised that Tri -Sure has requested a one-year lease to use the property as a storage area for materials for their water project construction in Sebastian. Chairman Stanbridge understood that Mr. Denton had agreed to continue negotiations with the County, and Mr. Denton affirmed that he would be glad to do so but thought perhaps some others should be involved in the negotiations. Commissioner Ginn understood that Mr. Denton wanted the property protected as well as providing a stormwater pond for the County. She thought the two uses were compatible, but specified that Mr. Denton needed to understand that the County would have to secure additional grants to accomplish the amenities. Mr. Denton could write those provisions into the contract. Chairman Stanbridge agreed the property could easily be used both for a stormwater area and a park. July 9, 2002 52 • • • Commissioner Adams stressed that the Commissioners cannot be involved in the negotiations on the property. Mr. Denton was encouraged by the suggestions and indicated his willingness to make financial adjustments provided the community will receive some benefit. Chairman Stanbridge invited Director Davis' comments. Director Davis specified that the stormwater pond would not encompass the entire 15 acres. As a matter of fact, one of the purposes of buying the entire property was for the County to do some mitigation that is required to offset some environmental impacts for the CR512 project.. He stated that it was always his intent to have a conservation area in there, particularly along the river. He displayed an elevation drawing on the overhead and specified that more than half the property would be preserved. Mr. Denton had a great idea and he was very much in favor of putting in nature trails which would need to come from a different funding source. He pointed out it is still necessary to do some mitigation and stormwater treatment but he was confident it could all come together. He was sorry that Mr. Denton felt that the communication had broken down, but he felt that he had been patient and cooperative with Mr. Denton over the two-year period. He had brought the issue to the Board because of the fact that they could not reach agreement on a price. Commissioner Ginn suggested Director Davis and Mr Denton get together. Commissioner Adams suggested a time schedule to keep things moving so a decision can be made. Commissioner Adams specified that the Board needed some justification to approve a figure so much higher than the appraisal. Director Davis and Mr Denton agreed that they would work toward having this resolved by the first meeting in August. • July 9, 2002 53 4 s 160 ON MOTION by Commissioner Ginn, SECONDED By Commissioner Adams, the Board unanimously agreed to have this matter brought before them again at the first meeting in August. 11.G.2. VERO LAKE ESTATES STORMWATER IMPROVEMENTS, PHASE I - MS. SANDY SEESE REQUEST FOR 86TH STREET CANAL TO BE CULVERTED AT 96TH COURT Public Works Director James Davis reviewed a Memorandum of June 25. 2002: TO: THROUGH: FROM: SUBJECT: James Chandler, County Administrator James W. Davis, P.E., Public Works Direct() W. Keith McCully, P E , Esq., Stormwater Engineer VERO LAKE ESTATES STORMWATER IMPROVEMENTS, PHASE I LETTER FROM MS. SANDY SEESE REQUESTING THAT THE 86TH STREET CANAL BE CULVERTED AT 96TH COURT DATE: June 25, 2002 DESCRIPTION AND CONDITIONS Attached is a petition letter from Ms. Sandy Seese requesting that the recently constructed 86th Street Canal be culverted at 96th Court. The letter is similar to a recent request by Mr. Frank de los Hoyos that the canal be culverted at 97th Court, which the Commission approved. (I believe that Mr. de los Hoyos' request was approved based on a serious medical condition he stated a family member had and that the canal would separate two houses occupied by relatives who cared for the sick individual.) RECO NDATION AND FUNDING We do not recommend culverting any additional streets because we are afraid this will create a domino effect along both the 86th Street Canal and the 80th Street Canal. The estimated cost for providing a canal crossing at a typical intersection is: 1. 80 L.F. of 48 -inch R.C.P. at $75/Lineal Foot 2. (2) 48 -inch R.C.P. flared end sections at $1,450/each TOTAL _ $6,000.00 = $2,900.00 = $8,900.00 The above prices were taken from the Vero Lake Estates project's approved construction contract July 9, 2002 54 • Director Davis gave a brief history on a previous Board approval for culvert installation in Vero Lake Estates. Director Davis then read from a letter Mrs. Leck gave him. She had been present earlier, but had to leave the meeting. In her letter, Mrs. Leck commented that everyone could have a "medical issue" because an emergency could result from an accident or heart attack or stroke for which immediate attention is required. She also raised the issue of County rights-of-way and felt it was not right for the County to take away residents' access to a paved street. She felt her tax money was just as good as that of a person living on another street and she should have a culvert, too. She related a story of a shed burning because the fire truck was unable to reach it quickly. Their homeowner's insurance policy premiums are affected by location and access to fire hydrants. They are experiencing mosquito problems because the canal does not drain and has 2 feet of stagnant water at any given time. She also spoke about well contamination, roadway needing work, and how their vehicles are taking a beating. Director Davis explained that 86th Street was not a road just a right-of-way -- but actually a grass trail. Commissioner Adams understood that staff had recommended against this because they do not know how many more similar requests would be generated at a cost of approximately $9,000 each. Director Davis advised there could be another 4 or 5 requests. In response to Chairman Stanbridge, Director Davis explained that the MSTU generates about $60,000 a year. If this one is approved, it could come out of the MSTU money. Some of the MSTU money has been used for the project, but fortunately the County had received almost a million dollars in grants for the project. He explained the process if the Board wanted to generate more money into the MSTU. July 9, 2002 55 • Commissioner Adams recounted the reasoning behind the one they had approved. If more requests came in, the costs could be up to S36,000. Then the Board would have to find the funds to pay for it. Commissioner Adams advised she had heard positive comments about the drainage, but Chairman Stanbridge said she had heard the negative ones. Discussion ensued. ON MOTION by Vice Chairman Tippin, SECONDED BY Commissioner Macht, the Board did not approve, by a vote of 4 to 1, (Commissioner Adams opposed) culverting any additional streets in the Vero Lake Estates Stormwater Improvements, Phase I, project. (Approved staff's recommendation.) 11.11.1. RESOLUTION NOS. 2002-044 AND 2002-045 - PETITION WATER SERVICE - BOBBI J SUBDIVISION - 36TH COURT (NORTH OFF 1ST STREET SW) - RESOLUTIONS I AND II The Board reviewed a Memorandum of June 28, 2002: DATE: JUNE 28, 2002 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: W. ERIK OLSON DIRECTOR OF SERVICES PREPARED JAMES D. CHAS���j 7% AND STAFFED MANAGER OF S' MENT PROJECTS BY: DEPARTMENTOF UTILITY SERVICES SUBJECT: BOBBI J SUBDIVISION, 36T11 COURT (NORTH OFF 1ST ST SW). PETITION WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UCP -2060 PRELIMINARY ASSESSMENT RESOLUTIONS I AND II July 9, 2002 56 • RACKGROITNT) On November 6, 2001, the Indian River County Board of County Commissioners unanimously authorized staff to proceed with the design engineering necessary, in order to proceed with the above project. Design has been completed by the Department of Utility Services staff. We are now ready to begin the assessment process associated with this project. (See ATTACFLMEN'T'S 1- Plat map, 2- Summary Assessment/ Schedule of Properties and 3 -Estimated project Cost and Preluniniary Assessment Roll). AN \T,YSTS There are 10 platted residential lots, which may benefit from this proposed water line on 36th Court Lots 4 & 5 at the North End of the subdivision were provided service and previously assessed in the Phase II water assessment project which was completed February 22, 1994. The owner of lot 1 was permitted to connect to the existing water line on 1st Street SW and signed a temporary service agreement, which was approved by the Board of County Commissioners on June 13, 2000. The owner of lot 8 connected to the water line on 1st St SW on June 15, 1990 without signing an agreement to be included in a future water assessment, and is not included in this proposed assessment project. There are 6 owners signatures on the attached petition & temporary service agreement plus 1 owner who telephoned and stated that he now verbally supports this proposed project; therefore 7 (70%) of the owners of the 10 properties to benefit from this project are supportive. On August 27, 2001 owners of the 4 lots whom had not signed the petition were mailed an addendum and asked to indicate whether they oppose or support the proposed project. None were returned. There were 3 phone calls with one opposing, stating that he did not like the taste of county water Another owner advised that he did not oppose the installation of water lines but that it was not a high priority! And the 3rd owner stating that he no longer opposes the proposed project. The property sizes typically vary from .50 (1/2) acre to 1.0 (1) acre. The attached map displays the area to benefit from the assessment project. ( see ATTACHMENT 1- Plat Map). This project is to be paid through the assessment of 10 property owners along the proposed water line route. In the interim, funding will be from the Assessment Fund No. 473. Attached are Resolutions I and II for the assessment project. The total estimated project cost and amount to be assessed, including engineering, administration and construction, is $ 45,003.50. The estimated assessment cost per square foot is $ 0.157039 (rounded) (see ATTACHMENT 3 ). RECOMMEND ATTON The staff of the Department of Utility Seryices recommends that the Board of County Commissioners approve the attached resolutions, which approve the preliminary assessment roll and establish the public hearing date. T,TST OF ATTACTTMENTS• 1 -Plat Map 2 -Summary Assessment / Schedule of Properties 3 -Estimated Project Cost & Preliminary Assessment Roll July 9, 2002 57 ri • ON MOTIO\ by Commissioner Adams, SFCO\DFD RY Commissioner Macht, the Board unanimously adopted Resolution No. 2002-044 providing for water main expansion to Bobbi J Subdivision, 36"Court (north of First Street, SW) in Indian River County, Florida; 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- 044 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR WATER MAIN EXPANSION TO BOBBI J SUBDIVISION, 36TH COURT (NORTH OF FIRST STREET, SW) IN INDIAN RIVER COUNTY, FLORIDA; 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 Bobbi J Subdivision (36`h Court, north of First Street, SW) in Indian River County, Florida, 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 10 properties located in Bobbi J Subdivision, 36th Court (north of First Street SW) in Indian River County, 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 estimated cost for the project is $45,003.50 or $0.157039 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 $0.157039 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 July 9, 2002 58 • 4- • 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 Macht , 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 9th day of July , 2002 Attest.__ K Barton, Cler By: •ctr_z`""` �� �' By. M. Stanbrid Chairman g, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA July 9, 2002 Deputy Clerk 59 • ON MOTTO. by Commissioner Adams, SECONDF4D BY Commissioner Macht, the Board unanimously adopted Resolution No. 2002-045 setting a time and place at which the owners ofproperties located in Bobbi J Subdivision, 36`1 Court, (north of First Street SW) in Indian River County, Florida, 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- 045 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 BOBBI J SUBDIVISION, 36.1" COURT (NORTH OF FIRST STREET, SW) IN INDIAN RIVER COUNTY, FLORIDA, 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 BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No 2002- 044 , 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 10 properties located in Bobbi J Subdivision (36th Court, north of First Street, SW) in Indian River County, Florida; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $0.157039 per square foot; and 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, July 9, 2002 60 ki • RESOLUTION NO. 2002- 045 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, August 6, 2002, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in re^n.rd 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 , and the motion was seconded by Commissioner Mach t , and, upon being put to a vote, the vote was as follows: Chairman Ruth M. Stanbridge Aye Vice Chairman John W. Tippin AyP Commissioner Caroline D Ginn Ay Commissioner Kenneth R. Macht AyP Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 9th, day of July , 2002 Atte K Barton, CJQrk Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By .Se� Ruth M. Stanbridge, thairman • Attachment: ASSESSMENT ROLL July 9, 2002 61 n C PRELIMINARY ASSESSMENT SUMMARY SCHEDULE OF PROPERTIES BOBBI J SUBDIVISION -36TH COURT(NORTH OFF 1ST ST SW) INDIAN RIVER COUNTY PROJECT NO. UCP -2060 PARCEL ID NO. OWNER SIGNED SQUARE PETITION FOOTAGE ASSESSMENT 15 33 39 00013 0000 00001.0 HERRICK X 15 33 39 00013 0000 00002.0 HANSEN 15 33 39 00013 0000 00002.1 RENUART ( 9/4/01 he pho'd verbally said now for X ) 15 33 39 00013 0000.00003.0 CATTERSON X 15 33 39 00013 0000 00003.1 CATTERSON X 15 33 39 00013 0000 00004.1 MARINI X 15 33 39 00013 0000 00005.1 GRATHWOHL X 15 33 39 00013 0000 00006.0 CHAPMAN * ( * Not opposed just a low pnonty ) 15 33 39 00013 0000 00007.0 BOROVSKY * ( *Verbally opposes does not like the taste of Co. water ) 15 33 39 00013 0000 00008.1 DAUNNO (DEAN) X (70% of 10) Estimated square footage to be assessed 45,150 21,825 21,825 21,825 21,825 22,500 22,500 43,650 7,090.32 3,427.38 3,427.38 3,427.38 3,427.38 3,533.38 3,533.38 6,854.76 6,854.76 3,427.38 286,575 Estimated project cost to be assessed $ 45,003.50 Estimated cost per sq. ft. $ 0.1570391695 (Rounded) $ 0.157039 May 24, 2002 JDC/jdc July 9, 2002 July 9, 2002 Project: cription: Date: Indian River County Department of Utilities COST ESTIMATE BOBBI J SUBDIVISION WATER ASSESSMENT PROJECT UCP # 2161, WIP # 473-000-169-547.00 May 14, 2002 Bid Item No. Bid Item Description Estimated Quantity Unit or Measure Unit Price Total Labor Price 1 Mobilization 1 LS 53.000.00 2 Maintenance of Traffic 1 LS 51.500.00 4 Install 6" PVC Water Main 900 LF $16.00 $14.400.00 5 Install 6" Dir. Drill Under Conc. Drive 90 LF $60.00 $5.400.00 6 Install DI Restrained Fittings 0.5 TON $5,500.00 32.750.00 7 Install 1" PE Water Service (5 Sgl. Short) 5 EA. $400.00 32.000.001 Install 1" PE Water Service (3 Sgl. Long) 3 EA. 3700.00 $2.100.00 8 Install w/ 6" GV & Tee 1 EA. 32.300.00 52.300.001 FFA 10 Remove and Dispose of Asphalt 1 TON $100.00 $100.00 11 Install S-3 Asphalt 10 SY $20.00 $200.00 12 Replace Rock Base 10 SY 310.00 3100.00 13 Replace Stabilized Subgrade 10 SY $6.00 360.00 14 Select fill 20 CY $17.00 3340.00 16 Sod and topsoil 900 LF 32.15 $1.935.00 17 Subtotal Water Sy stem $36.185.00 18 IRCDUS Contingency Account 1 Allowance 10% $3.618501 Total Est Constr. Cost 539,803.50 Surveying 1,700.00 Record Drawings 500.00 Design 1,000.00; Bidding & Award 500.00 Permitting 500.00 Construction Services 500.00; Administration 500.04) TOTAL PROJECT COST 45,1)4)3.50 July 9, 2002 PRELIMINARY ASSESSMENT - BOBBI J SUBDIVISION MAY 24, 2002 PARCEL # OWNER LEGAL PROPERTY 15 33 39 00013 0000 00001.0 HERRICK, MINERVA T. PO BOX 6501 VERO BEACH, FL 32961-6501 BOBBI J SUBDIVISION LOT 1 PBI 9-13 3620 1ST ST SW SQ. FT. ASSESSMENT 45 150 $ 7,090.32 PARCEL # OWNER LEGAL 15 33 39 00013 0000 00002 0 HANSEN, FRANK 146 36TH CT VERO BEACH, FL 32968-2422 BOBBI J SUBDIVISION N 1/2 LOT 2 PBI 9 13 SQ. FT. ASSESSMENT 21 825 $ 3,427.38 PARCEL # OWNER LEGAL 15 33 39 00013 0000 00002.1 RENUART, STEPHEN V & ANA M 136 36TH CT VERO BEACH, FL 32968-2422 BOBBI J SUBDIVISION S 1/2 LOT 2 FBI 9-13 SQ. FT. ASSESSMENT 21,825 $ 3,427.38 PARCEL # OWNER LEGAL 15 33 39 00013 0000 00003.0 CATTERSON, MARILYN C. 166 36TH CT VERO BEACH, FL 32968-2422 BOBBI J SUBDIVISION S 1/2 LOT 3 PBI 9-13 SQ. FT. ASSESSMENT 21 825 $ 3,427.38 PARCEL # OWNER LEGAL PROPERTY 15 33 39 00013 0000 00003.1 CATTERSON, MARILYN C. 166 36TH CT VERO BEACH, FL 32968-2422 BOBBI J SUBDIVISION N 1/2 LOT 3 PBI 9-13 (VACANT LOT- 176 36TH CT) SQ. FT. ASSESSMENT 21,825 $ 3,427.38 y 9, 2002 PARCEL # 15 33 39 00013 0000 00004.1 OWNER MARINI, PETER & MARY LOU 186 36TH CT VERO BEACH, FL 32968-2422 LEGAL BOBBI J SUBDIVISION S 150 FT OF LOT 4 P81 9-13 SQ. FT. ASSESSMENT 22,500 $ 3,533.38 PARCEL # 15 33 39 00013 0000 00005.1 OWNER GRATHWOHL, GAIL M. 175 36TH CT VERO BEACH, FL 32968-2422 LEGAL BOBBI J SUBDIVISION S 150 FT OF LOT 5 FBI 9-13 SQ. FT. ASSESSMENT 22,500 $ 3,533.38 PARCEL # 15 33 39 00013 0000 00006.0 OWNER CHAPMAN, DONALD W & FLORA JANE 165 36TH CT VERO BEACH, FL 32968-2422 LEGAL BOBBI J SUBDIVISION LOT 6 PBI 9-13 SQ. FT. ASSESSMENT 43,650 $ 6,854.76 PARCEL # 15 33 39 00013 0000 00007.0 OWNER BOROVSKY, DOV & GAIL A. 135 36TH CT VERO BEACH, FL 32968-2422 LEGAL BOBBI J SUBDIVISION LOT 7 PBI 9-13 SQ. FT. ASSESSMENT 43,650 $ 6,854.76 PARCEL # 15 33 39 00013 0000 00008.1 OWNER DEAN, THOMAS H JR & DOLORES M 125 36TH CT VERO BEACH, FL 32968-2422 LEGAL BOBBI J SUBDIVISION N 1/2 LOT 8 PBI 9-13 SQ. FT. ASSESSMENT 21,825 $ 3,427.38 TOTAL ESTIMATED SQUARE FOOTAGE 286,575 TOTAL ESTIMATED AMOUNT TO BE ASSESSED $ 45,003.50 5/24/2002 J.D.C. BOBBI J PRELIMROLL July 9, 2002 13.E. COMMISSIONER MACHT - COMMENTS ON THE TREASURE COAST SPORTS COMMISSION AND CONFIRMATION THAT HE SHALL CONTINUE AS THE BOARD'S REPRESENTATIVE THEREON Commissioner Macht stated that he was the Commission's appointed representative to the Treasure Coast Sports Commission. The other Commissioners voiced their concurrence. Commissioner Macht resented the inclusion of a conflict of interest reference in a recent article in the local newspaper and referred to it as "yellow journalism". He also recounted that the newspaper had employed an interesting stratagem casting doubt upon the veracity of Tom Colucci's statements by their inclusion of comments by someone in Chicago on things happening in the tri -county area as if Chicago were a similar community. He presumed the Commissioners wished to continue the efforts by the Sports Commission, particularly needed to bring visitors during the slow summer months, and for him to continue as their representative. Commissioner Adams confirmed that Commissioner Macht, not someone in Chicago, is the Board's representative to the Sports Commission. 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT None. July 9, 2002 66 14.C. None. ENVIRONMENTAL CONTROL BOARD There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 12:27 p.m. ATTEST: (Qa ni_5(0-4e4t. Jeffrey K. Barton, Clerk Ruth M. Stanbridge, Chairman July 9, 2002