HomeMy WebLinkAbout10/1/1996E
= MINUTES oWrACHED �
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D_A
TUESDAY, OCTOBER 1, 1996
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street
Vero Beach, Florida
COUNTY COMMISSIONERS
Fran B. Adams, Chairman (District 1)
Carolyn K. Eggert, Vice Chairman (District 2)
Richard N. Bird (District 5)
Kenneth R. Macht (District 3)
John W. Tippin (District 4)
9:00 a.m.
1. CALL TO ORDER
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
BACKUP
2. INVOCATION None PAGES
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K., Eggert
4. ADDITIONS to the AGENDA/EMERGENCY ITEMS
Moved 5-B to Consent agenda as 7-S _"--
Added
_Added 5-C Proclamation - Italian Heritage & Culture Month
Added 6-C Amendment to 8/13/96 minutes
Withdrew 7-C
Deleted 74
Added 7-R • Proclamation - National Wildlife Refuge Week
Added 11-F-2 Dick Bird - FRS Pension
Added 13-B Comment on Land Acquisition Advisory Committee
5. PROCLAMATION and PRESENTATIONS
6.
7.
A. Presentation of Proclamation Designating
October as Arts & Humanities Month
B. Presentation of Proclamation Recognizing
October as Domestic Violence Awareness
Month
APPROVAL OF MINUTES
A. Special Meeting of September 4, 1996
B. Regular Meeting of September 10, 1996
CONSENT AGENDA
A. Received & Placed on File in Office of Clerk
to the Board: I.R.C. Hospital District - Final
Budget, FY 96/97; and Proof of Publication
for Unclaimed Moneys for Cash Bonds, Clerk
of the Court, Traffic/Misdemeanor Dept.
BOOK
0)
99 F'Ara 238
230
7. CONSENT AGENDA (cont'd )• 800lPAc F'Afa
PAGES
. B. Approval of Wan -ants
(memorandum dated September 19, 1996) 3-9
C. Approval of Richard Minetti as Civic Assoc.'s
Representative to Economic Development
Council, Replacing Bayard Stevens
(memorandum dated September 17, 1996) 10
D. Approval of Appointment of Thomas B. Buchanan
to the Transp. Disadvantaged Local Coordinating
Board, Replacing Gerald Ashcraft
(memorandum dated September 24, 1996) 11-13
E. Approval of Appointment of Ronald Delevan to the
Transp. Disadvantaged Local Coordinating Board,
Replacing Ted Butler
(letter dated August 19, 1996) 14
F. Fellsmere Basketball Courts - Change Order No. 1 -
(memorandum dated September 20, 1996) 15-16
G. Final Plat Approval for the Oak Harbor Master Plat
(memorandum dated September 25, 1996) 17-44.
H. Final Plat Approval for St. James Island, a Replat of
a Portion of the Oak Harbor Master Plat
(memorandum dated September 25, 1996) 45-52
I. Final Plat Approval for St. Annes Island, a Replat of
a Portion of the Oak Harbor Master Plat
(memorandum dated September 25, 1996) 53-61
J. The Indian River Club's Request for Final Plat Approval
for Plat #3 (Phases -4 A & B)
(memorandum dated September 25, 1996) 62-67
K. Final Plat Approval for Walkers Glen West Unit Il
(memorandum dated September 24, 1996)
(postponed from BCC meeting of 9/24/96) 68-77
L. Digital Control System for HVAC Main Library and
Sole Source Agreement
(memorandum dated September 18, 1996) 78-96
M. Award Bid #7001 / Pest Control Service
(memorandum dated September 18, 1996) 97-106
N. Real Property Trade
(memorandum dated September 23, 1996) 107-114
O. Agreement with Wharton -Smith, Inc., Award of
Bid No. 6081, No. Co. Reverse Osmosis Plant
(memorandum dated September 23, 1996) 115-134
P. Drainage Easement from Indian River Mall for
Wallace Acres Subdivision
(memorandum dated September 23, 1996) 135-140
Q. Declare Equipment Surplus for Sale
(memorandum dated September 25, 1996) 141-142
8. CONSTITUTIONAL OFFICERS and
BACRIIP
GOVERNMENTAL AGENCIES
PAGES
Jeffrey K. Barton. Clerk of the Ci�suit Court
Current County Auditor Contract
(memorandum dated September 25, 1996)
143-166
9:05 A.M. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FROM
CL TO PD FOR APPROX. 6.19 ACRES OF LAND
GENERALLY LOCATED BETWEEN STATE ROAD
60 AND THE MAIN RELIEF CANAL, EAST OF 58TH
AVE.; AND DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE
(memorandum dated September 25, 1996)
167-198
B. PUBLIC DISCUSSION ITEMS
Request by Lori Fothergill for the Board of County
Commissioners to Modify County Alcoholic Beverage
License Regulations
(memorandum dated September 25, 1996)
199-222
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
None
C. General Services
None
D. Leisure Services
None
E. Office of Management and Budget
None
F. Personnel
Health Insurance Contracts
(memorandum dated September 25, 1996)
223-240
BOOK
11. DEPARTMENTAL MATTERS (cont'd.):
G. Public Works
1. Wabasso CR510 Bridge Transfer Agreement
to Florida Department of Transportation
(memorandum dated September 24, 1996)
2. Agreement Relating to the Dredging of the
Canal Serving Vero Shores Subdivision
(memorandum dated September 25, 1996)
H. Utilities
None
12. COUNTY ATTORNEY
Resolution Accepting a Conservation Easement and Assessing
Same Pursuant to Section 193.501, Florida Statutes
(memorandum dated September 18, 1996)
(tabled from BCC meeting of 9/24/96)
13. COMMISSIONERS ITEMS
A. Chairman Fran B. Adams
B. Vice Chairman Carolyn K. Eggert
C. Commissioner Richard N. Bird
D. Commissioner Kenneth R. Macht
Relationship with Department of Interior
(backup will be provided separately)
E. Commissioner John W. Tippin
M
99 PAa4
BACKUP
PAGES
241-248
249-252
253-259
14. SPECIAL DISTRICTSBOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
1. Approval of Minutes - Meeting of 7/23/96
2. Satisfaction of Environmental Lien Against
Luz Almanza
(memorandum dated September 18, 1996)
15. ADJOURNMENT
BACKUP
PAGES
260-262
Anyone who may wish to appeal any decision which may be made at this meeting will need
to ensure that a verbatim record of the proceedings is made which includes the testimony and
evidence upon which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the county's
Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance
of meeting.
Meeting broadcast live on TCI Cable Channel 13 - rebroadcast S: 00 p.m. Thursday through
S: 00 p. m. Friday
Falcon Cable Channel 35 - rebroadcast Friday evening
Boa
INDEX TO MINUTES BOOK
99 PA,UE 243
October 1, 1996
Regular Meeting of BCC
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . . . . . . . . .
1
PROCLAMATION - ARTS AND HUMANITIES MONTH . . . . . . . . . . . .
1
PROCLAMATION - ITALIAN HERITAGE AND CULTURE MONTH . . . . . . . .
3
APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . .
3
CONSENT AGENDA . . . . . . . . . . . . . .
4
A. Received & Placed on File in Office of Clerk to the
Board :4
B. Approval of Warrants
6
C. Appointment to Economic Development Council
12
D. Appointment to Transportation Disadvantaged Local
Coordinating Board - Thomas B. Buchanan . . . . . . . .
13
E. Appointment to Transportation Disadvantaged Local
Coordinating Board - Ronald Delevan . . . . . . . .
13
F. Fellsmere Basketball Courts - Change Order #1 - Sunshine
Builders. . . . . . . . . . . . . . . . . ... . . .
15
G. Final Plat Approval - Oak Harbor Master Plat . . . . . .
16
H. Final Plat Approval - St. James Island, a Replat of a
Portion of the Oak Harbor Master Plat . . . . . . . . .
17
I. Final Plat Approval - St. Annes Island, a Replat of a
Portion of the Oak Harbor Master Plat . . . . . . .
19
J. Final Plat Approval - Indian River Club - Plat 3, Phases
4A and 4B . . . . . . . . . . . . . . . . *20
K. Final Plat Approval - Walker's Glen West II
21
L. HVAC Digital Control System - Main Library . . . . . . .
23
M. Award Bid #7001 - Pest Control Service . . . . . . . .
25
N. Real Property Trade (Grimm Property Off 13th Lane) . . .
26
0. Agreement with Wharton -Smith, Inc. - Award of Bid #6081 -
North County Reverse Osmosis Plant . . . . . . . . .
28
P. Drainage Easement from Indian River Mall for Wallace Acres
Subdivision. . . . . . . . . . . . . . . . . . . .
28
Q. Declaration of Surplus Equipment . . . . . . . . . . . .
29
R. Proclamation - National Wildlife Refuge Week . . . . . .
31
S. Proclamation - Domestic Violence Awareness Month . . . .
32
CURRENT COUNTY AUDITOR CONTRACT ASSIGNMENT . . . . . . . . . . .
33
PUBLIC HEARING - WAL-MART REQUEST TO REZONE 6.19 ACRES FROM CL TO
PD COMMERCIAL RETAIL - EXPANSION TO SUPERSTORE . . . . . . .
34
REQUEST FOR MODIFICATIONS TO COUNTY ALCOHOLIC BEVERAGE LICENSE
REGULATIONS - LORI FOTHERGILL . . . . . . . . . . . . . . .
63
HEALTH INSURANCE CONTRACT - BCBS OF FLORIDA . . . . . . . . . . .
65
FLORIDA RETIREMENT SYSTEM PENSION - COMMISSIONER RICHARD N. BIRD
69
FDOT TRANSFER AGREEMENT - CR -510 BETWEEN U.S. #1
AND A -1-A - (WABASSO BRIDGE REPAIRS) AND IRC'S ACCEPTANCE OF
27TH AVENUE . . . . . . . . . . . . . . . . . . . . . . . .
70
DEP AGREEMENT RELATING TO THE DREDGING OF THE CANAL SERVING VERO
SHORES SUBDIVISION . . . . . . . . . . . . . . . . . . . . .
73
RESOLUTION ACCEPTING A CONSERVATION EASEMENT AND ASSESSING SAME --
LaFOUNTAIN . . . . . . . . . . . . . . . . . . . . . . . .
74
COMMENT ON LAND ACQUISITION ADVISORY COMMITTEE
RELATIONSHIP WITH U.S. DEPT. OF INTERIOR - SEBASTIAN SCRUB LOTS 78
ENVIRONMENTAL CONTROL BOARD--. .
. . . . . . . . 79
Tuesday, October 1, 1996
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, October 1, 1996 at 9:00 a.m.
Present were Fran B. Adams, Chairman; Carolyn K. Eggert, -Vice Chairman;
Kenneth R. Macht; and John W. Tippin. Commissioner Richard N. Bird was
away on personal business. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah,
Deputy Clerk.
Chairman Adams called the meeting to order and Commissioner Eggert
led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Adams requested the following additions/changes:
5-C Proclamation - Italian Heritage & Culture Month
6-C Correction to Minutes of 8/13/96 BCC Meeting
7-R Proclamation - National Wildlife Refuge Week
11-F-2 Commissioner Richard N. Bird's Retirement Pension
13-B Comment on LAAC
Chairman Adams also requested the deletion of 7-J, Request for
Final Plat Approval - Indian River Club Plat #3 (Phases 4 A&B).
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0
Commissioner Bird absent) approved the above
additions and deletion to today's Agenda.
PROCLAMATION - ARTS AND HLWANMES MONTH
Chairman Adams read the following proclamation aloud and
presented it to Betty Reed of the Cultural Council of Indian River
County:
1
OCTOBER 1, 1996 �09� �� F� 24 4
B®oK 99 FAa 24
PROCLAMATION
WHEREAS, the month of October, 1996 has been declared by the
President of the United States to be National Arts and Humanities
Month recognizing the contributions of artists, craftsmen, scholars,
museums, theaters, libraries, schools and other organizations and
individuals who work to keep the arts and humanities as a vital part
of our lives; and
WHEREAS, it is through the study of the arts and humanities that
we are able to gain a deeper understanding of ourselves and' our
society and to celebrate our individual identities while maintaining
the values and commitments that unify us as a nation; and
WHEREAS, it is through the preservation of art, literature,
music, crafts and philosophy that we pass our most noble ideas and
beliefs from generation to generation; and
WHEREAS, the Cultural Council of Indian River County, designated
as the County's Local Arts Agency (LAA), is the official voice for all
organizations of an artistic, cultural and educational nature; and
WHEREAS, the Cultural Council of Indian, River County was formed
to nurture a cooperative environment in which cultural/educational
organizations and individuals may thrive and, thereby, enrich the
quality of -life in Indian River County for all residents and
visitors:
NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS that the month of October, 1996 be designated
as
ARTS AND HUMANITIES MONTH
in Indian River County, and the Board further recognizes the Cultural
Council of Indian River County for its efforts to unite the cultural
organizations for the betterment of the County, and extends its
heartiest congratulations and best wishes to the members of this
organization on the occasion of Arts and Humanities Month. _
Adopted this 1 day of October, 1996
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
Fran B. Adams, Chairman
PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH
Moved to Item S on Consent Agenda. No one present to accept.
2
OCTOBER 1, 1996
PROCLAMATION - ITALIAN HERITAGE AND CULTURE MONTH
Chairman Adams read the following proclamation aloud and
presented it to Joe Mantorana who accepted it on behalf of four
organizations:
PROCLAMATION
WHEREAS, the month of October, 1996 has been declared to be
Italian Heritage and Culture Month by the President of the United
States and by the Governor of the State of Florida; and
WHEREAS, there are four major organizations of Americans of
Italian ancestry in Indian River County, namely, the Italian American
Civic Association, Inc., the Ladies Auxiliary of the Italian American
Civic Association, the Giordano Lodge No. 2571 of Vero Beach, Order
Sons of Italy in America, and the Italian American War Veterans, Post
3 of Vero Beach; and
WHEREAS, the above-named organizations composed of County
residents of Italian ancestry have organized "Italian American Clubs"
in order to provide an agency in which the Club members, some of whom
are not of Italian ancestry, can work together volunteering their
time and energy to activities beneficial to the community -at -large;
and
WHEREAS, county residents of Italian ancestry have played a
significant role in the development of the economic, educational and
cultural life of Indian River County; and
WHEREAS, this year the aforesaid four organizations have agreed
to jointly petition the Indian River County Board of County
Commissioners to proclaim October as Italian Heritage and' Culture
Month in commemoration of the 504th Anniversary of the Discovery of
America by Christopher Columbus, a brave Italian sailor from Genoa,
Italy:
NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS that the month of October, 1996 be
proclaimed
ITALIAN HERITAGE and CULTURE MONTH
in Indian River County, and the Board further recognizes the various
Italian American Clubs of Indian River County for their efforts in
the betterment of the county, and extends its heartiest
congratulations and best wishes to the members of these various Clubs
on the occasion of the various activities that will be held during
the month of October, 1996.
Adopted this 1 day of October, 1996.
ALA
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
�J ��i►� VJ �JK��/YVt.O
Fran B. Adams, Chairman
v
APPROVAL OF MINUTES
The Chairman asked if there were any corrections to the
Minutes of the Special Meeting of September 4, 1996 or the Regular
Meeting of September 10, 1996
3
OCTOBER 1, 1996
BOOK 99 PAa,241
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) approved the Minutes of
the Special Meeting of 9/4/96 and the Regular
Meeting of 9/10/96, as written.
Commissioner Eggert requested a change in the Minutes of the
Regular Meeting of 8/13/96 to clarify the timing of the mailing of
the tax abatement brochure. The first paragraph on page 65
contains an misinterpreted statement: "Supervisor of Elections Ann
Robinson will mail absentee ballots on September 20th and she would
like to enclose a copy of the flyer."
Commissioner Eggert explained that it would be illegal to
enclose a copy of the flyer with the absentee ballots. She
believed her statement was misinterpreted and should be clarified
to read: "Supervisor of Elections Ann Robinson will mail absentee
ballots on September 20th and she would like to see a copy of the
flyer mailed out at about the same time."
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) amended the Minutes of the
Regular Meeting of 8/13/96, as requested by
Commissioner Eggert.
CONSENT AGENDA
Chairman Adams reiterated that Item J has been deleted from
today's Consent Agenda, Item R is the addition of a proclamation on
National Wildlife Refuge Week, and Item S is the proclamation on
Domestic Violence Awareness Month.
Commissioner Eggert requested that items A and C be pulled for
discussion.
A. Received & Placed on File in Office of Clerk to the Board:
IRC Hospital District - Final Budget, FY 96/97
Proof of Publication for Unclaimed Moneys for Cash Bonds,
Clerk of the Court, Traffic/Misdemeanor Dept.
Commissioner Eggert advised that she asked that this item be
removed from the Consent Agenda for discussion to give Jeff Barton,
Clerk of the Circuit Court, the opportunity to present a check in
the amount of $71,509.98._z
4
OCTOBER 1, 1996
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE: SEPTEMBER 27,1996
SUBJECT: FORFEITURE OF CASH BONDS
FROM: JEFFREY K. BARTON, CLERK OF THE CIRCUIT COUR
On October 1, 1995, I assumed responsibility for all cash bonds collected by the Sheriffs Office.
These cash bonds, which are bail monies paid by defendants "who have been admitted to bail", were
previously accounted for by the Sheriff. I was able to take on this additional workload utilizing
existing staff.
Section 116.2 1, F.S., provides for the accounting and disposition of cash bonds. I directed my staff
to examine the status of all cash bonds that were in existence prior to October 1. Staff reviewed the
cases related to these bonds and developed a list of bonds that could be released, amounting to more
than $95,000.00. After advertising in the newspaper a list of all outstanding cash bonds which could
be released and refunding bonds to individuals who provided proper identification, there was
$71,509.98 remaining. A check in the amount of $71,509.98, payable to the Indian River County
Board of County Commissioners, has been given to the Finance Department.
I am very pleased with the work my staff did to identify cash bonds that could be forfeited to the
County. A procedure has been established to annually examine the status of all cash bonds and any
unclaimed monies will be remitted to the Board in September of each fiscal year. Instead of sitting
in a trust account, these monies can be utilized by the Board to provide vital services to the
community.
Clerk Barton explained that this will be an annual process,
but anticipated the annual amount to drop to a range of $20,000-
$30,000 after this year.
Commissioner Macht wondered if we could earmark these funds
for substance abuse, but Chairman Adams felt we should look into it
further before we do that.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird being absent) accepted the check
in the amount of $71,509.98.
OCTOBER 1 1996 5 � ��- P
B. Approval of Warrants
The Board reviewed the following memo dated 9/19/96:
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE: SEPTEMBER 19, 1996
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 September 12, thru September 19, 1996.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) approved the list of
warrants issued by the Clerk to the Board for the
time period of September 12 through September 19,
1996, as recommended by Finance Director Ed Fry.
0
OCTOBER 1, 1996
CHECK
NUMBER
NAME
CHECK
CHECK
DATE
AMOUNT
0017905
ATLANTIC COASTAL TITLE CORP
9/12/96
65,619.25
0017906
CHAMBER OF COMMERCE
9/12/96
9,001.08
0017907
CHAMBER OF COMMERCE
9/12/96
15,215.92
0017908
COASTAL GRAPHICS
9/12/96
9,949.00
0017909
MC HUGH JOHN J JR
9/13/96
9,552.10
0017910
VANDEVOORDE, RENE' G ESQ
9/13/96
10,000.00
0017911
CARROLL, CATHERINE A LILLY
9/17/96
300.00
0017912
BARTON, JEFFREY K -CLERK
9/17/96
543.25
0017913
0209462
HBS, INC
AERO PRODUCTS CORP
9/18/96
9/19/96
1,620.02
0209463
ALBERTSONS SOUTHCO #4357
9/19/96
852.60
186.37
0209464
ALPHA ACE HARDWARE
9/19/96
96.10
0209465
AMERICAN WATER WORKS
9/19/96:
105.25
0209466
ACTION ANSWERING SERVICE
9/19/96
257.11
0209467
APPLE MACHINERY & SUPPLY
9/19/96
350.00
0209468
ARMFIELD-WAGNER APPRAISAL
9/19/96
2,000.00
0209469
AT YOUR SERVICE
9/19/96
907.60
0209470
AUTO SUPPLY CO OF VERO BEACH,
9/19/96
134.74
0209471
ASHER, HARRY E
9/19/96
522.66
0209472
AEROSPACE EXPRESS
9/19/96
126.OG
0209473
A B S PUMPS, INC
9/19/96
579.00
0209474
ALL VERO VACUUM
9/19/96
377.00
0209475
ALPHA HEALTH SERVICE, INC
9/19/96
1,366.66
0209476
0209477
A T & T
ANTHEM LIFE HEALTH TRUST
9/19/96
9/19/96
35.94
0209478
ANTHEM LIFE INSURANCE
9/19/96
190,281.48
35,319.27
0209479
ALL RITE WATER CONDITIONING
9/19/96
55.00
0209480
ADDISON OIL CO
9/19/96
256.73
0209481
ALDEN ELECTRONICS, INC
9/19/96
565.00
0209482
ALLIED COLLOIDS, INC
9/19/96
3,241.35
0209483
ANDERSON, ANA
9/19/96
232.92
0209484
AMERIGAS, INC
9/19/96
60.00
0209485
AUSTIN DIRECT,INC
9/19/96
129.00
0209486
ATLANTIC COASTAL TITLE CORP
9/19/96
98.00
0209487
ALL COUNTY EQUIPMENT COMPANY
9/19/96
451.36
0209488
ALBERTSON'S PHARMACY
9/19/96
0209489
AMERICAN DRILLING, INC
9/19/96
48.98
13,906.80
0209490
AUTO PARTS OF VERO, INC
9/19/96
77.91
0209491
BAKER & TAYLOR, INC
9/19/96
650.37
0209492
BOARD OF COUNTY COMMISSIONERS
9/19/96
6,687.56
0209493
BENSONS LOCK SERVICE
9/19/96
43.75
0209494
BLACKHAWK QUARRY COMPANY
9/19/96
515.59
0209495
BELLSOUTH MOBILITY
9/19/96
237.81-
Q209496
BARTON, JEFFREY K -CLERK
9/19/96
3,208.75
0209497
BERGGREN EQUIPMENT CO, INC
9/19/96
1,050.00
0209498
B & B INDUSTRIAL SUPPLY CO.
9/19/96
314.10
0209499
BARTON, JEFFREY K -CLERK
9/19/96
1,929.52
0209500
BAKER & TAYLOR
9/19/96
0209501
BRODA, JANICE C
9/19/96
,gp
205.61
0209502
BOYNTON PUMP & IRRIGATION
9/19/96
330.17
0209503
B F I MEDICAL WASTE SYSTEMS
9/19/96
146.6 0
0209504
BARLOW, MYONG HUI
9/19/96
300.60
0209505
BELLSOUTH
9/19/96
17,688.42
0209506
0209507
BERMEX, INC
BEAZER HOMES
9/19/96
18,602.00
0209508
B & H PHOTO -VIDEO, INC
9/19/96
9/19/96
215,491.85
96.02
OCTOBER 1, 1996 7 boot, 09 w4� f'?50,
CHECK NAME
CHECK
NUMBER
DATE
0209509
BAUER, JANICE
9/19/96
0209510
BARFIELD, ALICE
9/19/96
0209511
CARTER ASSOCIATES, INC
9/19/96
0209512
FALCON POWER LIMITED
9/19/96
0209513
CHLORINATORS, INC
9/19/96
0209514
CITRUS MOTEL
9/19/96
0209515
CLASSIC AWARDS
9/19/96
0209516
CLEMENTS PEST CONTROL
9/19/96
0209517
CLIMATIC CORPORATION
9/19/96
0209518
COASTAL GRAPHICS
9/19/96
0209519
COLKITT SHEET METAL & AIR, INC
9/19/96
0209520
COMMUNICATIONS INT, INC
9/19/96
0209521
CUTTING EDGE SIGN CO., THE
9/19/96
0209522
CLINIC PHARMACY
9/19/96
0209523
COLLIER COUNTY BAR ASSCO
9/19/96
0209524
CHIP HARVESTORS
9/19/96
0209525
CITGO PETROLEUM CORP
9/19/96
0209526
COGAR, ROBERT
9/19/96
0209527
CUSTOM CARRIAGES, INC
9/19/96
0209528
CLIFF BERRY, INC
9/19/96
0209529
CHILBERG/MAYFIELD, INC
9/19/96
0209530
CINDY'S PET CENTER, INC
9/19/96
0209531
COLLINS BROWN CALDWELL BARKETT
9/19/96
0209532
CUES, INC
0209533
COAST TO COAST JANITOR SVS
.9/19/96
9/19/96
0209534
CLIFFORD, MIKE
9/19/96
0209535
CHAMPION OF FT LAUDERDALE,INC
9/19/96
0209536
CORNERSTONE SELECT HOMES/
9/19/96
0209537
C E I
9/19/96
0209538
COMMONWEALTH LAND TITLE
9/19/96
0209539
CENTRAL A/C & REFRG SUPPLY
9/19/96
0209540
DAIRY COURIER SERVICE -
9/19/96
0209541
DAVES SPORTING GOODS
9/19/96
0209542
DEAN, H T "SONNY"
9/19/96
0209543
DELTA SUPPLY CO
9/19/96
0209544
FLORIDA DEPT OF MANAGEMENT
9/19/96
0209545
DEPENDABLE DODGE, INC
9/19/96
0209546
DICKERSON FLORIDA, INC
9/19/96
0209547
DOBY - SEACOAST SUPPLY
9/19/96
0209548
DOCTOR'S CLINIC
9/19/96
0209549
DON SMITH'S PAINT STORE, INC
9/19/96
0209550
DION, RITA
9/19/96
0209551
DOW HOWELL GILMORE ASSOCIATES
9/19/96
0209552
DAVID GEOFFREY & ASSOCIATES
9/19/96
02.09553
DISCOUNT AUTO PARTS
9/19/96
.0209554
DAVIDSON TITLES, INC
9/19/96
0209555
DATA FLOW SYSTEMS, INC
9/19/96
0209556
FLORIDA DEPARTMENT OF
9/19/96
0209557
DAVIS METER
9/19/96
0209558
E -Z BREW COFFEE SERVICE, INC
9/19/96
0209559
EDUCATIONAL RECORD CENTER, INC
9/19/96
0209560
ENVIROMETRICS, INC
9/19/96
0209561
EBSCO SUBSCRIPTION SERVICES
9/19/96
0209562
F G F 0 A CERTIFICATION
9/19/96
0209563
F G F 0 A
9/19/96
0209564
FEDERAL EXPRESS CORP
9/19/96
8
OCTOBER 1, 1996
BOOK 99 P'AU 2_1
CHECK
AMOUNT
60.54
20.00
29,405.89
85.80
158.52
32.00
4.30
220.50
62.81
1,460.00
4,055.00
1,096.85
570.00
134.12
20.00
30.00
1,631.05
101.50
501.33
345.75
500.00
15.65
2,164.00
710--80
1,587.98
100.00
382.32
25.10
205.07
50.00
27.70
319.00
171.40
313.36
185.69
3,313.97
1.43
5,940.00
68.38
293.00
55.00
42.00
1,200.00
259.00
188.37
1,074.44
358.75
250.00
35,603.17
87.00
10.48
8,354.00
46.95
230.00
150.00
267.50
CHECK NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0209565
FLORIDA ASSOCIATION OF
9/19/96
45.00
0209566
FLORIDA DEPARTMENT OF
9/19/96
250.00
0209567
FLORIDA EAST COAST RAILWAY CO
9/19/96
90.00
0209568
F P & L
9/19/96
45,569.98
0209569
FLORIDA RIBBON & CARBON
9/19/96
681.92
0209570
FLORIDA SLUDGE SERVICE
9/19/96
2,835.00
0209571
FRASER ENGINEERING & TESTING
9/19/96
1,440.00
0209572
FLORIDA TIRE RECYCLING, INC
9/19/96
2,652.60
0209573
FLORIDA SPECIFIER
9/19/96
24.95
0209574
FLORIDA MEDICAID COUNTY
9/19/96
90,145.91
0209575
FLORIDA LEGAL ASSISTANTS, INC
9/19/96
d 60.00
0209576
FLORIDA DETROIT DIESEL -ALLISON
9/19/96
4,163.12
0209577
FORE COMMUNICATIONS, INC
9/19/96
155.00
0209578
FLORIDA DESIGN CONTRACTORS
9/19/96
40,470.75
0209579
GEORGE W FOWLER CO
9/19/96
292.08
0209580
GLIDDEN COMPANY, THE
9/19/96
291.51
0209581
GRAYBAR ELECTRIC CO, INC
9/19/96
514.94
0209582
GENERAT, MEDICAL CORP
9/19/96
679.50
0209583
GOODYEAR TIRE COMPANY
9/19/96
75.22
0209584
GREYHOUND LINES, INC
9/19/96
441.00
0209585
GEAC COMPUTERS, INC
9/19/96
3,184.39
0209586
GOODYEAR TIRE & RUBBER
9/19/96
3,045.59
0209587
GARLAND PUBLISHING
9/19/96
296.40
0209588
HARBOR BRANCH OCEANOGRAPH, INC
9/19/96
220.00
0209589
HARRIS SANITATION
_9/19/96
1,450.03
0209590
HEINTZELMANS TRUCK CENTER
9/19/96
36,157.00
0209591
HILL DONNELLY CORPORATION
9/19/96
181.18
0209592
HEWLETT-PACKARD
9/19/96
2,160.00
0209593
HOLIDAY BUILDERS, INC
9/19/96
1,000.00
0209594
HILL MANUFACTURING CO
9/19/96
646.30
0209595
HYDRAULIC TRUCK CONVEYOR
9/19/96
24,546.25
0209596
HRS INDIAN RIVER COUNTY PUBLIC
9/19/96
70.00
0209597
HAVENS, BARBARA
9/19/96
34.00
0209598
INDIAN RIVER COUNTY
9/19/96
204,826.11
0209599
INDIAN RIVER COUNTY SOLID
9/19/96
3,552.80
0209600
INDIAN RIVER COUNTY PUBLIC
9/19/96
318.50
0209601
I S I INSTRUMENTATIONS
9/19/96
875.00
0209602
INDIAN RIVER ACE PAINT
9/19/96
89.03
0209603
INDIAN RIVER BATTERY
9/19/96
591.60
0209604
INDIAN RIVER BLUE PRINT, INC
9/19/96
461.38
0209605
INDIAN RIVER MEMORIAL HOSPITAL
9/19/96
85.50
0209606
INGRAM
9/19/96
23.89
0209607
INTERLINK COMMUNICATIONS OF
9/19/96
463.95
0209608
INTERSTATE BILLING SERVICE
9/19/96
681.75
0209609
INDIAN RIVER MEMORIAL HOSPITAL
9/19/96
2,002.50
0209610
INDIAN RIVER COUNTY UTILITIES
9/19/96
114,810.00
0209611
ROY CLARK
9/19/96
2,345.00
0209612
I B M CORP-DVU
9/19/96
1,879.18
0209613
INDIAN RIVER NATIONAL BANK
9/19/96
300.00
0209614
INTERNATIONAL GOLF MANAGEMENT
9/19/96
68,333.33
0209615
INDEECO
9/19/96
76.54
0209616
INTERIM PERSONNEL:VERO BEACH
9/19/96
1,006.50
0209617
HOMELAND IRRIGATION CENTER
9/19/96
332.93
0209618
JOHNNY STAMM TRK & EQUIP
9/19/96
186.60
0209619
JONES CHEMICALS, INC
9/19/96
8,994.67
0209620
JOBE, JENNIFER
9/19/96
12.75
E
OCTOBER 1, 1996
bong, 9_9 PA�t?
boor 99 mz
CHECK NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0209621
POWELL, MARY D
9/19/96
135.14
0209622
KNIGHT & MATHIS, INC
9/19/96
146.86
0209623
KLUCINEC, MONA
9/19/96
42.00
0209624
KIRBY AUTO SUPPLY
9/19/96
63.76
0209625
LAWYERS COOPERATIVE PUBLISHING
9/19/96
287.05
0209626
LURIA'S
9/19/96
999.88
0209627
LAB SAFETY SUPPLY, INC
9/19/96
995.59
0209628
L B SMITH, INC
9/19/96
598.30
0209629
LAWYERS COOPERATIVE PUBLISHING
9/19/96
1,080.00
0209630
LESCO, INC
9/19/96
506.50
0209631
LUCENT TECHNOLOGIES
9/19/96
932.95
0209632
MACMILLAN OIL COMPANY
9/19/96
186.20
0209633
MICKLER'S FLORIDIANA, INC
9/19/96
51.15
0209634
MIKES GARAGE
9/19/96
- 105.00
0209635
MILNER DOCUMENT PRODUCTS
9/19/96
204.56
0209636
MOSES AUTO PARTS
9/19/96
200.43
0209637
MATRX MEDICAL, INC
9/19/96
163.25
0209638
MCMASTER-CARR SUPPLY COMPANY
9/19/96
695.18
0209639
MACHO PRODUCTS, INC
9/19/96
153.27
0209640
MICHIE
9/19/96
39.49
0209641
MARTIN COUNTY PETROLEUM
9/19/96
574.40
0209642
MR BOB PORTABLE TOILET
9/19/96
76.12
0209643
MINE SAFETY APPLIANCE
9/19/96
272.14
0209644
NATIONWIDE ADVERTISING
9/19/96
203.92
0209645
NEW READERS PRESS/PUB DIV
9/19/96
464.81
0209646
NATIONAL GEOGRAPHIC SOCIETY
9/19/96
23.70
0209647
NICK VINE HALL
9/19/96
627.00
0209648
NATIONAL PROPANE CORP
9/19/96
72.30
0209649
NOLEN, VICKIE L
9/19/96
64.81
0209650
OFFICE PRODUCTS & SERVICE
9/19/96
340.00
0209651
OFFICE PRODUCTS & SERVICE
9/19/96
915.43
0209652
ORYX PRESS
9/19/96
20.59
0209653
OMNI BUSINESS SYSTEMS, INC
9/19/96
417.11
0209654
OXFORD UNIVERSITY PRESS
9/19/96
69.37
0209655
OFFICE DEPOT, INC
9/19/96
7,757.49
0209656
OSCEOLA PHARMACY
9/19/96
387.55
0209657
PAN AMERICAN ENG CO
9/19/96
4,704.80
0209658
PEACE RIVER ELECTRIC
9/19/96
159.01
0209659
PERKINS DRUG, INC
9/19/96
304.64
0209660
PERKINS INDIAN RIVER PHARMACY
9/19/96
154.68
0209661
PETTY CASH
9/19/96
184.00
0209662
PHYSICIANS DESK REFERENCE
9/19/96
161.85
0209663
PIFER, INC
9/19/96
156.20
0209664.
POSTMASTER
9/19/96
40.00
0209665
PUBLIC DEFENDER 19TH JUDICIAL
9/19/96
2,862.07
0209666
PUBLIX SUPERMARKET
9/19/96
65.00
0209667
PERKINS MEDICAL SUPPLY
9/19/96
317.60
0209668
PINKERTON, DOREEN A
9/19/96
156.26
0209669
PORT PETROLEUM, INC
9/19/96
353.22
0209670
PAN AMERICAN ENGINEERING CO
9/19/96
500.00
0209671
POWER & PUMPS, INC
9/19/96
928.70
0209672
PEERSON AUDIO INC
9/19/96
636.90
0209673
PUTTICK ENTERPRISES
9/19/96
27,017.50
0209674
R & J CRANE SERVICE, INC
9/19/96
390.00
0209675
R.AMADA INN
9/19/96
177.00
0209676
RUSSO PRINTING, INC
9/19/96
244.59
10
OCTOBER 1, 1996
CHECK NAME
CHECK
CHECK
OBER
DATE
AMOUNT
0209677
RAY PACE'S WASTE EQUIPMENT,INC
9/19/96
492.97
0209678
RADISSON
9/19/96
178.00
0209679
R & G SOD FARMS
9/19/96
115.00
0209680
RUBBER STAMP EXPRESS
9/19/96
66.60
0209681
SCOTTY'S, INC
9/19/96
3,898.23
0209682
SCOTTY'S, INC
9/19/96
2.99
0209683
SEARS COMMERCIAL CREDIT
9/19/96
15.26
0209684
SEBASTIAN TRUE VALUE
9/19/96
130.46
0209685
SEWELL HARDWARE CO, INC
9/19/96
302.33
0209686
SOUTHERN ELECTRIC SUPPLY
9/19/96
1,110.68
0209687
STURGIS LUMBER & PLYWOOD CO
9/19/96
363.08
0209688
SUDDEN IMAGES
9/19/96
193.17
0209689
SUNCOAST WELDING SUPPLIES, INC
9/19/96
224.55
0209690
SUNSHINE PHYSICAL THERAPY
9/19/96
75.00
0209691
STEIL, HOLLY
9/19/96
158.87
0209692
STALEY, LARRY
9/19/96
98.60
0209693
SIMON & SCHUSTER CONSUMER
9/19/96
832.37
0209694
SHERWOOD, FRANCES G
9/19/96
38.86
0209695
SIGNS IN A DAY
9/19/96
12.00
0209696
SOUTHERN JANITOR SUPPLY
9/19/96
3,148.70
0209697
SUN BELT MEDICAL SUPPLY, INC
9/19/96
152.70
0209698
SOFTWARE CITY
9/19/96
125.99
0209699
SHELDON, JAMES
9/19/96
818.00
0209700
SUPERIOR PRINTING
9/19/96
306.60
0209701
SEBASTIAN RIVER MEDICAL CENTER
9/19/96
2,520.20
0209702
SIGNAGE SPECIALIST
9/19/96
124.20
0209703
SEBASTIAN RIVER AREA CHAMBER
9/19/96
960.00
0209704
S JACOBS COMPUTERS
9/19/96
1,537.28
0209705
SAVAGE, SARA
9/19/96
25.00
0209706
TITLEIST DRAWER CS
9/19/96
220.65
0209707
TEMPACO, INC
9/19/96
376.20
0209708
TREASURE COAST CONTRACTING,INC
9/19/96
800.00
0209709
TRANS -GENERAL LIFE INSURANCE
9/19/96
5,132.86
0209710
TOTALINE OF FLORIIDA
9/19/96
29.86
0209711
USI, INC
9/19/96
77.65
0209712
UNIFORM EXPRESS
9/19/96
49.95
0209713
VERO BEACH PRESS JOURNAL
9/19/96
99.00
0209714
VERO BEACH PRESS JOURNAL
9/19/96
32.64
0209715
VERO BEACH PRESS JOURNAL
9/19/96
881.76
0209716
VERO BEACH PRESS JOURNAL
9/19/96
667.02
0209717
VERO BEACH, CITY OF
9/19/96
21,518.10
0209718
VERO CHEMICAL DISTRIBUTORS,INC
9/19/96
378.10
0209719•
VERO LAWNMOWER CENTER, INC
9/19/96
499.09
0209720
VEY, CARRIE
9/19/96
127.50
0209721'
VERO BEARING & BOLT
9/19/96
1,473.37
0209722
VERO BEACH POWERTRAIN
9/19/96
14.48
0209723
WAL-MART STORES, INC
9/19/96
180.67
0209724
WALGREENS PHARMACY #03608
9/19/96
432.62
0209725
WAYNE YATES, WAYNE'S FOOD MART
9/19/96
346.72
0209726
W W GRAINGER, INC
9/19%96
80.80
0209727
WINN DIXIE STORES, INC
9/19/96
453.04
0209728
WIGINTON FIRE SPRINKLERS,INC
9/19/96
1,561.00
0209729
WAL-MART PHARMACY, INC
9/19/96
61.74
0209730
WAXE/WAVW RADIO
9/19/96
1,110.00
0209731
WILLHOFF, PATSY
9/19/96
130.00
0209732
WHEELER, GARY SHERIFF
9/19/96
5,033.11
11 -54
OCTOBER 1 1996 Aty
BOOK M mz 255
CHECK NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0209733
WHEELER PUBLISHING, INC
9/19/96
29.81
0209734
WPC INDUSTRIAL CONTRACTOR INC
9/19/96
78,600.60
0209735
WPAW-FM
9/19/96
150.00
0209736
WZZR-FM
9/19/96
500.00
0209737
WALGREENS PHARMACY
9/19/96
56.62
0209738
WBBE RADIO
9/19/96
740.00
0209739
WOSN-FM RADIO STATION
9/19/96
395.25
0209740
WHITTINGTON, MEGAN
9/19/96
76.50
0209741
YAVORSKY'S TRUCK SERVICE,INC
9/19/96
780.98
0209742
YOUNG, RAY
9/19/96
1,481.34
0209743
YATES, STANLEY K
9/19/96
30.75
0209744
ZIMMERMANN, KARL
9/19/96
8,605.43
0209745
ZIMMERMANN, KARL
9/19/96
305.10
0209746
KEMP, HAROLD
9/19/96
617.84
0209747
SCHUCKERS, GERALD
9/19/96
364.88
0209748
DEAN, FRED
9/19/96
55.61
0209749
THOMAS, EDNA R
9/19/96
57.41
0209750
BROWN, LUCY
9/19/96
52.57
0209751
VANEK, MERLVIN
9/19/96
52.58
0209752
BISHOP, GEORGE
9/19/96
52.56
0209753
RANDLE SR, BRIAN K
9/19/96
105.14
0209754
BROWN, TIFFINEY
9/19/96
120.72
0209755
DARRER, NORMAN
9/19/96
105.10
0209756
BENJAMIN, JOSEPH
9/19/96
111.66
0209757
HAYWOOD, OLIVER
9/19/96
105.86
0209758
BERNACKI, EDWARD& BARBARA
9/19/96
105.16
0209759
EARLEY, JAMES N
9/19/96
49.41
0209760
PAYAN, LUIS ALBERTO
9/19/96
113.08
0209761
ELWAY, MARK
9/19/96
55.08
0209762
WALLINGER, MARLAN J
9/19/96
105.14
0209763
PARKER, PATRICK W
9/19/96
52.63
0209764
SCHULTZ, GARY I
9/19/96
52.55
0209765
EVANS, HOWARD & DOROTHY
9/19/96
105.16
0209766
BOUTON, FRANCES M
9/19/96
105.14
-
1,636,067.57
C. Appointment to Economic Development Council
Withdrawn after comment about our Ordinances stating that a
representative from a "civic organization" be appointed rather than
the Civic -Association.
Commissioner Eggert advised that she pulled this appointment
off the Consent Agenda so that other organizations can have a
chance to submit names for consideration and fill out an
application. After applications are received, a recommendation for
the appointment will be brought to the Board.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) deleted Item C from the
Consent Agenda with comment.
12
OCTOBER 1, 1996
D. Appointment to Transportation Disadvantaged Local Coordinating
Board - Thomas B. Buchanan
The Board reviewed the following memo dated 9/24/96:
TO:
FROM:
DATE:
Board of County Commissioners
Carolyn K. Eggert, County Commissioner
Chairman, Transportation Disadvantaged Local Coordinating Board
September 24, 1996
SUBJECT: Transportation Disadvantaged Local Coordinating Board .
Please accept the appointment of Thomas B. Buchanan to the Transportation
Disadvantaged Local Coordinating Board as Elderly Representative. He will replace
Gerald Ashcraft, who has resigned.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) appointed Thomas B.
Buchanan to the Transportation Disadvantaged Local
Coordinating Board, replacing Gerald Ashcraft.
E. Appointment to Transportation Disadvantaged Local
Coordinating Board - Ronald Delevan
The Board reviewed the following memo dated 8/19/96:
13 �Aql� �0 f'r9;i;[
OCTOBER 1, 1996
BOOK 99 F'AI
Dimlan B 2�
Commission!
a
Administrator
DEPARTMENT OF HEALTH & REHABILITATI• 09MYIt'Z&._
Working in partnership with local communities to help people be
experience good health and live in stable families and corm
August 19, 1996
Commissioner Carolyn Eggert, Chairman
Indian River County
Transportation Disadvantaged Local Coordinating Board
1840 25th Street
Vero Beach, Fl. 32960
Dear Commissioner Eggert:
RE: Transportation Disadvantaged Local Coordinating Board
Utilities
Finance
C.. 8
Emearg. Sera
Risk Mgt
cL'Ia:
This notice is to inform you of a change to the Local Coordinating Board of the Transportation
Disadvantaged. As of September 1, 1996 Mr. Ronald Delevan , General Services Specialist, will be
replacing Mr. Ted Butler as the Health and Rehabilitative Services member and I will in turn become
the alternate.
If you have any questions please do not hesitate to call me at 561-467-4161 or Ron at 561-467-4159.
Sincerely,
g___�
. raak . ue er
General Services Manager
HRS -District 15 OMCM
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) appointed Ronald Delevan
to the Transportation Disadvantaged Local
Coordinating Board.
14
OCTOBER 1, 1996
F. Fellsmere Basketball Courts - Change Order #1 - Sunshine Builders
The Board reviewed the following memo dated 9/20/96:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E., CONSENT AGENDA
Public Works Director
SUBJECT: Fellsmere Basketball Courts - Change Order No. 1
DATE: September 20, 1996
DESCRIPTION AND CONDITIONS
Changer Order No. 1 to the Fellsmere Basketball Court contract (original contract
is $44,000) is proposed to reduce the project cost to $38,400 so that the $40,000
FRDAP Grant is not exceeded. Elimination of the water fountain and
performance/Payment Bonds is proposed.
RECOMMENDATIONS AND FUNDING
Staff recommends approval of Change Order No. 1.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) approved Change Order #1
with Sunshine Builders of Ft. Pierce, as set out in
staff's recommendation.
CHANGE ORDER #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
15 M®
OCTOBER 1, 1996 g Fr1E
BOOK 99 pgrf��9
G. Final Plat Approval - Oak Harbor Master Plat
The Board reviewed the following memo dated 9/25/96:
TO: James E. Chandler
County Administrator
DIV ON HEAD CONCURRENCE:
R ert M. Keating, AIC
Community Developnient Wrector
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blade
Staff Planner, Current Development
DATE: September 25, 1996
SUBJECT: Final Plat Approval for the Oak Harbor Master Plat
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 1, 1996.
DESCRIPTION -AND CONDITIONS:
The Oak Harbor Master Plat is a plat of the Oak Harbor boundaries,
road rights-of-way, water management tracts, and
residential/recreational tracts. The subject property is located
in the southern portion of the overall Grand Harbor planned
development, -is zoned RM -6, Multi -Family Residential (up to 6 units
per acre) and has a land use designation of M-1, Medium Density (up
to 8 units per acre).
The preliminary plat for the Master Plat area was approved in two
phases by the Planning and Zoning Commission. Subsequently, land
development permits were issued for both phases. The developer is
now requesting final plat approval of the Oak Harbor Master Plat,
and has submitted the following documents:
1. A final plat in conformance with the originally approved
preliminary plats that cover the Master Plat area.
2. An Engineer's Certified Cost Estimate to complete construction
of the required subdivision improvements for the Master Plat
area (phase 1 and phase 2).
3. A Contract for Construction of required subdivision
improvements for the Master Plat area (phase 1 and phase 2).
4. A security agreement, acceptable to the County Attorney's
Office, for the Master Plat area (phase 1 and phase 2) to
guarantee the submitted Contract for Construction for each
phase.
5. Assignment of developer's rights to the county for the
contractor's posted roadway bond (in order to meet the
maintenance bond requirements for roadway improvements in
phase 1) .
16
OCTOBER 1, 1996
ANALYSIS:
The developer has completed the majority of the required
subdivision improvements for the Master Plat area (phase 1 and
phase 2). As provided by the LDRs, the developer desires to
proceed with recording the Master Plat and proposes to "bond -out"
for construction of the required subdivision improvements. A
certified engineer's cost estimate for the Master Plat area (phase
1 and phase 2) has been accepted by the Public Works Department.
The developer has also submitted a contract for construction of
required subdivision improvements and posted suitable security for
the Master Plat area (phase 1 and for phase 2).
The developer's contractor has posted a bond with the developer for
phase 1 roadway improvements within county rights-of-way (45th
Street and Indian River Boulevard). In order to satisfy county
warranty and maintenance requirements, the developer has executed
an agreement acceptable to the county attorney's office for an
assignment of rights under the maintenance bond in favor of the
county (attachment W.
With the submitted documents, the developer has complied with the
appropriate requirements to obtain final plat approv;al.
RECOMMENDATION:
Based upon the analysis performed, staff recommends that the Board
of County Commissioners grant final plat approval for the Oak
Harbor Master Plat and authorize the Chairman to sign the contract
for construction and escrow agreements for the Master Plat area
(phase 1 and phase 2), and to sign the assignment of rights under
the maintenance bond.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) granted final plat
approval for Oak Harbor Master Plat, and authorized
the Chairman to sign the contract for construction
and escrow agreements for the Master Plat area
(phase 1 and phase 2) and the Assignment of Rights
Under the Maintenance Bond, as set out in staff's
recommendation.
SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
H. Final Plat Approval - St. Tames Island, a Replat of a Portion of the Oak
Harbor Master Plat
The Board reviewed the following memo dated 9/25/96:
OCTOBER 1, 1996 17 000
FF,_ -I
BOOK 99 mu 6
TO: James E. Chandler
County Administrator
DI ON HEAD CONCURRENCE:
Robert Keating, AI
Community Developdent'' rector
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric BladfJ
Staff Planner, Current Development
DATE: September 25, 1996
SUBJECT: Final Plat Approval for St. James Island, a Replat of a
Portion of the Oak Harbor Master Plat
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 1, 1996.
DESCRIPTION AND CONDITIONS:
St. James Island is a proposed replat of a parcel of land within a
portion of Parcel °F" of the Oak Harbor Master Plat boundaries of
Grand Harbor, a planned development. The requested replat will
create 57 single family lots along platted roadways, adjacent to
the platted recreational tracts and stormwater tracts. This
request is consistent with approved preliminary PD plans covering
the subject property. The subject site is located in the southern
portion of the overall Grand Harbor development, is zoned RM -6,
Residential Multi -Family (up to 6 units per acre) and has a land
use designation of M-1, Medium Density (up to 8 units -per acre).
At its meeting of October 1, 1996, the Board of County
Commissioners will also consider final plat approval of the Oak.
Harbor Master Plat. The submitted St. James Island final plat is
consistent with the Master Plat.
ANALYSIS:
The required subdivision improvements for the St. James subdivision
are guaranteed via the Oak Harbor Master Plat. Prior to approving
the St. James Island final plat request, the Board must first grant
final plat approval for the Oak Harbor Master Plat and authorize
the Chairman to execute a Contract for Construction for the Oak
Harbor.Master Plat and accept the posted securities. Upon Board
approval of the Oak Harbor Master Plat request, the developer will
have complied with the appropriate requirements to obtain final
plat approval for the St. James Island final plat.
Staff recommends that the Board of County Commissioners grant final
approval for St. James Island, a replat of a portion of Parcel "F"
of the Oak Harbor Master Plat with the following conditions:
1. Prior to recording the St. James Island final plat in the
public records, the Oak Harbor Master Plat must be recorded in
the public records
2. Prior to the issuance -of a certificate of occupApcy for any
structure within the boundaries of the St. James Island plat,
a certificate of completion must be issued for the Oak Harbor
Master Plat.
18
OCTOBER 1, 1996
W
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) granted final plat
approval for St. James Island, a replat of a portion
of Parcel "F" of the Oak Harbor Master Plat subject
to the two conditions set forth by staff.
I. Final Plat Approval - St. Annes Island, a Replat of a Portion
of the Oak Harbor Master Plat
The Board reviewed the following memo dated 9/29/96:
TO: James E. Chandler
County Administrator
D I ION HEAD CONCURRENCE:
obert M. Kea i g,
Community Developm nt Dig+ ctor
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blad j3
Staff Planner, Current Development
DATE: September 25, 1996
SUBJECT: Final Plat Approval for St. Annes Island, a Replat of a
Portion of the Oak Harbor Master Plat
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 1, 1996.
DESCRIPTION AND CONDITIONS:
St. Annes Island is a proposed replat of a parcel of land within a
portion of Parcel °C" of the Oak Harbor Master Plat boundaries of
Grand Harbor, a planned development. The requested replat will
create 32 single family lots along platted roadways, adjacent to
the platted recreational tracts and stormwater tracts. This
request is consistent with approved preliminary plans covering the
subject property. The subject site is located in the southern
portion of the overall Grand Harbor development, is zoned RM -6,
Residential Multi -Family (up to 6 units per acre) and has a land
use designation of M-1, Medium Density (up to 8 units per acre).
At its meeting of October 1, 1996, the Board of County
Commissioners will also consider final plat approval of the Oak
Harbor Master Plat. The submitted St. Annes Island final plat is
consistent with the the Master Plat.
19
OCTOBER 1, 1996
8006 9
I
BOOK 99FA14S
ANALYSIS:
The required subdivision improvements for the St. Annes subdivision
are guaranteed via the Oak Harbor Master Plat. Prior to approving
the St. Annes Island final plat request, the Board must first grant
final plat approval for the Oak Harbor Master Plat and authorize
the Chairman to execute a Contract for Construction for the Oak
Harbor Master Plat and accept the posted securities. Upon Board
approval of the Oak Harbor Master Plat request, the developer will
have complied with the appropriate requirements to obtain final
plat approval for the St. Annes Island final plat.
RECONMMATION:
Staff recommends that the Board of County Commissioners grant final
approval for St. Annes Island, a replat of a portion of Parcel "C"
of the Oak Harbor Master Plat with the following conditions:
lat in the
1. Prior t� recording
Oak Harborthe St. �Mnes astersPlat must befinal precorded in
public
the public records
2. Prior to the issuance of a certificate of occupancy for any
structure within the boundaries of the St. Annes Island plat,
a certificate of completion must be issued for the Oak Harbor
Master Plat.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) granted final plat
approval for St. Annes Island, a replat of a portion
of the Oak Harbor Master Plan subject to the two
conditions set forth by staff.
I Final Plat Approval - Indian River Club -
Plat 3, Phases 4A and 4B
Deleted.
20
OCTOBER 1, 1996
K. Final Plat Approval - Walker's Glen West H
The Board reviewed the following memo dated 9/24/96:
TO: James E. Chandler
County Administrator
D I ON HEAD CONCURRENCE:
ober M. K e a t n g AI
Community De��v..��elo ent D rector
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP�v�
Senior Planner, Current Development
DATE: September 24, 1996
SUBJECT: Final Plat Approval for Walkers Glen West Unit II
SD -93-10-09
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 1, 1996.
Note: This item was postponed from the September 24, 1996 Board of
County Commissioners meeting to the October 1, 1996 meeting.
Staff's recommendation remains the same.
Walkers Glen West Unit II is a 26 lot subdivision of a ±7.66 acre
parcel of land located on the south side of 26th Street just west
of 54th Avenue and Walkers Glen West Unit I. Unit I is comprised
of 30 lots on 12.8 acres and is constructed and platted. The
subject Unit II property is zoned RS -6, Single Family Residential
(up to 6 units per acre) and has an L-2, Low Density 2 (up to 6
units per acre) land use designation. The proposed density for
Unit II is -3.39 dwelling units per acre, while the proposed density
for the overall subdivision is 2.73 dwelling units per acre.
At its regular meeting of August 12, 1993, the Planning and Zoning
Commission granted preliminary plat approval for the entire
subdivision, including Unit I and Unit II. The owner, Walkers Glen
West Ltd., has constructed most of the required subdivision
improvements and is now requesting final plat approval and has
submitted the following:
1. A final plat in conformance with the approved preliminary
plat.
2. A cost estimate for the remaining yet -to -be -constructed
required improvement (upland edge plantings around the lake).
a. A contract for construction for the remaining required
improvement - and a letter of credit to guarantee
construction.
21
OCTOBER 1, 1996 BOO .�
r�.ut N
BOOK 99 PnE 265 7
3. A cost estimate for all required improvements (for warranty
purposes).
a. A warranty and maintenance agreement for the improvements
to be publicly dedicated and a letter of credit to secure
the agreement.
All of the required subdivision improvements have been completed
with the exception of the upland edge planting around the project
lake. A contract for construction for the upland edge planting has
been submitted along with a letter of credit to secure the
contract. A warranty and maintenance agreement for publicly
dedicated roadway improvements and a letter of credit to secure the
agreement have been submitted. The County Attorney's Office has
approved the Warranty Maintenance Agreement, the Contract for
Construction, and the format of the letters of credit. The public
works department has approved the amounts of the cost estimates,
the letters of credit. The utilities for the project (serviced by
City Utilities) have been approved and accepted by the City of Vero
Beach Utilities.
All applicable requirements regarding the final plat approval have
been satisfied.
Staff recommends that the Board of County Commissioners grant final
plat approval for Walkers Glen West Unit II, authorize the Chairman
to execute the contract for construction and the
warranty/maintenance agreement, and accept the letters of credit
and cash escrow submittal.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) granted final plat
approval for Walker's Glen West II, as recommended
by staff, and authorized the Chairman to execute the
Contract for Construction of Required Improvements
and the Warranty & Maintenance Agreement, and accept
the letters of credit and cash escrow.
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS IS ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD
OCTOBER 1, 1996
L. HVAC Digital Control System - Main Library
The Board reviewed the following memo dated 9/18/96:
TO: James Chandler
County Administrator
THRU: H.T. "Sonny" Dean, Director
Department of General Services
FROM: Lynn Williams, Superintender_t
Buildings & Grounds
DATE: September 18, 1996
SUBJECT: Digital Control System for HVAC Main Library and Sole
Source Agreement
DESCRIPTION AND CONDITIONS:
The Indian River County Judicial Complex and the Health
Building are equipped with Johnson Control, Inc-. Systems. A
central work station located in the Buildings & Grounds office
allows communication via modem to each facility for the purpose of
monitoring, adjusting and controlling the HVAC system. Both
buildings are accessed through one work station and contain similar
control configurations, components and nomenclature for the Main
Library. The system proposed for the Main Library will provide the
same capabilities as those in the Courthouse and Health Building.
A Budget Amendment (#023 for $42,650.00) was approved by the
Board at the July 2, 1996 meeting for the purpose of retrofitting
the HVAC Control System at the Indian River County Main Library.
ALTERNATIVES AND ANALYSIS:
The Indian River County Main Library was constructed as a
stand alone facility with regards to HVAC controls and operation.
Temperature controls and adjustments are accessible to staff and.
occupants. As in the case of any facility, adjustments are often
made without regard to energy consumption or temperature
guidelines.
The installation_ of Digital HVAC Control System will allow
Buildings & Grounds staff to better control_ energy consumption as
well as provide the control needed to avoid wide temperature
changes. We have found that in other buildings equipped with DDC
Systems, we can often identify a problem before the occupants
recognize the existence.
Johnson Controls has reviewed the facilities energy
consumption for the last year and has stated that we can expect a
minimum savings of 15% on our electric costs which average $100;0oo
&nnuaIIy. Based on annual usage and the projected savings, the
system should pay back in 30-36 months.
We expect no adverse effect with regard to comfort,
temperature or humidity control.
23 Boot
OCTOBER 1, 1996
BOOK 99 FADE 267
Staff has negotiated a Sole Source Agreement with Johnson
Controls, Inc. to perform all HVAC Digital Control installations in
County owned buildings and specifically the Main Library. The
pricing on the Main Library upgrade will follow the terms outlined
in the Sole Source Agreement.
Justification for the selection_ and recommendation of Johnson
Controls, Inc. for this work is based as follows:
1. Indian River County will receive a 57.25% discount on all
materials purchased.
2.. Hourly rates for installers, engineers and project staff have
been defined.
3. We presently have two major facilities equipped with
Johnson Controls Systems. Both have operated well within
expectations.
4. We have invested in training for staff on Johnson Control
Systems. This would require duplication if an unlike system
were installed.
5. Our present work station can easily be programmed to access
the Main Library system without additional hardware, will
insure compatibility of the systems and minimize future
expense with regard to software upgrades.
6. The agreement can be terminated by the County at anytime with
proper notification.
The Johnson Controls proposal recommended for the Main
Library totals $38,650 with the Buildings and. Grounds staff
providing a portion of the installation labor. The remainder of
the approved budget amendment will be required for additional_
equipment not included in the Johnson Controls proposal.
RECOMMENDATION AND FUNDING:
Staff recommends approval of the Sole Source Agreement with
Johnson Controls, Inc. for HVAC controls and request authorization
for the Chairperson to execute. The Agreement has been forwarded _
to Johnson Controls for execution.
Staff also recommends approval of the Johnson Controls
proposal for the Indian River County Main Library in the amount of
$38,650.00 and authorization for the Chairperson to execute.
Funding is available in Buildings & Grounds account # 001-220-
519-041.25 for the Main Library Project. No additional funding
is required at this time.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) approved the sole source
agreement with Johnson Controls, Inc. for HVAC
Digital Control installations as set forth in
staff's recommendations.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
24
OCTOBER 1, 1996
M. Award Bid #7001 - Pest Control Service
The Board reviewed the following memo dated 9/18/96:
TO: BOARD OF COUNTY COMNIISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director�
Department of General Services
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid #7001/Pest Control Service
Buildings and Grounds
BACKGROUND:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
No Bids:
August 30, 1996
August 16, 23, 1996
Thirteen (13) Vendors
Three (3) Vendors
Two (2) Vendors
DATE: September 18, 1996
. 4.
Annual Pest Control Services for the following County buildings;
Administration Building, Administrative Annex, Main Library, North County Library, Public
Health Unit (HRS), Sheriffs Administration Building, Jail, North County Offices, Judicial
Complex, Sandridge Golf Course Clubhouse Snack Bar, Parks Department Wabasso Beach Park,
Landfill Offices
RECOMMENDATION:
Staff recommends the following:
1. Award the bid to TruGreen ChemLawn as the overall low bidder meeting specifications as
set forth in the Invitation to Bid.
2. Establish an Open End Contract for a twelve month period from the date of award in the
amount of $7,620.00. Last year's expenditures for this service totaled $10,740.00.
3. Authorize the Purchasing Manager to renew this contract subject to satisfactory performance,
zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of
the County.
25
OCTOBER 1, 1996
6oQ go WA
Total
Total
Total
Vendor
Annual Cost
Annual Cost
Annual Cost
for FY 96-97
for FY 97-98
for FY 98-99
TruGreen ChemLawn
Vero Beach, Fl.
$7620.00
$7620.00
$7620.00
Spencer Pest Control
Vero Beach, Fl.
$8580.00
$8580.00
$8580.00
Nozzle Nolen
Vero Beach, Fl.
$9780.00
$9780.00
$9780.00
Annual Pest Control Services for the following County buildings;
Administration Building, Administrative Annex, Main Library, North County Library, Public
Health Unit (HRS), Sheriffs Administration Building, Jail, North County Offices, Judicial
Complex, Sandridge Golf Course Clubhouse Snack Bar, Parks Department Wabasso Beach Park,
Landfill Offices
RECOMMENDATION:
Staff recommends the following:
1. Award the bid to TruGreen ChemLawn as the overall low bidder meeting specifications as
set forth in the Invitation to Bid.
2. Establish an Open End Contract for a twelve month period from the date of award in the
amount of $7,620.00. Last year's expenditures for this service totaled $10,740.00.
3. Authorize the Purchasing Manager to renew this contract subject to satisfactory performance,
zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of
the County.
25
OCTOBER 1, 1996
6oQ go WA
BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) awarded Bid 7001 to
TruGreen ChemLawn, as set out in staff's
recommendation.
N. Real Property Trade (Grimm Property Off 13th Lane
The Board reviewed the following memo dated 9/23/96:
DATE: September 23, 1996
TO: Honorable Board of County Commissioners
THRU: James E. Chandler
County Administrator
FROM: H.T. "Sonny" Dean, Director
Department of General Services
SUBJECT: Real Property Trade
BACKGROUND:
99 FAGS 69
Mr. and Mrs. Floyd E. Grimm presently own property north of Indian River County's old watertank parcel
located west of Velde Ford The Grimm also have a small lot in the southwest comer of this County
parcel. The alignment of these properties does not allow access to the Grimm property off 13th Lane. Mr.
and Mrs. Grimm have proposed a trade of land with the county that will allow access for them. They also
will give an easement for underground water lines and agree not to use the property for parking so as to
imped ingress and egress.
ANALYSIS•
The property has been properly surveyed and the Utilities Department is in agreement with this transaction.
RECOMMENDATION:
Staff recommends Board approval and authorization for the Chairman to execute all documents applicable
to this transaction.
ON, MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) authorized staff to
proceed with the proper procedures for this
transaction under Statute 125.37. (Clerk's Note:
Public Hearing is scheduled for 11/5/96).
26
OCTOBER 1, 1996
r � �
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27 boob 99 put
OCTOBER 1, 1996
Boa 99 F* 271
O. Agreement with Wharton -Smith. Inc. - Award of Bid #6081 - North
County Reverse Osmosis Plant
The Board reviewed the following memo dated 9/23/96:
DATE: September 23, 1996
i
TO: JAMES E. CHANDLER
COUNTY ADMINISTRAT R�
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI ICES
PREPARED HARRY E. ASH
AND STAFFED ASSISTANT D dT R OF UTILITIES
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: AGREEMENT WITH WHARTON-SMITH, INC., AWARD OF BID
NO. 6081, NORTH COUNTY REVERSE OSMOSIS PLANT, IRC
PROJECT NO. UW -94 -03 -WC.
BACKGROUND and ANALYSIS
On September 10, 1996, the Board of County Commissioners approved
the above -referenced Award of Bid for the construction of the North
County Reverse Osmosis project. (See attached agenda item)
Attached is the proposed agreement setting forth the conditions and
scope of services to be provided.
The staff of the Department of Utility Services recommends that the
Board approve the attached agreement.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) approved the agreement
with Wharton -Smith, Inc. in the amount of $6,622,000
(Grand Total Base Bid), as recommended by staff.
VOLUMES 1 & 2 OF THE CONTRACT FORMS AND SPECIFICATIONS ARE
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (BULKY FILES)
P. Drainage Easement from Indian River Mall for Wallace Acres
Subdivision
The Board reviewed the following memo dated 9/23/96:
28
OCTOBER 1, 1996
TO: The Board of County Commissioners
FROM: t.� William G. Collins II - Deputy County Attorney
DATE: September 23, 1996
7
l
SUBJECT: Drainage Easement from Indian River Mall for Wallace Acres
Subdivision
The owners of the Indian River Mall have prepared a drainage easement lying
ten feet to the east and north of the Wallace Acres Subdivision. They have
represented to me that it was a condition of site plan approval for the mall
that such an easement be created.
RECOMMENDATION:
Authorize the Chairman and the Clerk to execute the attached drainage
easement accepting it on behalf of the County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) accepted the Drainage
Easement from IR Mall Associates, LTD. for Wallace
Acres Subdivision, as recommended by staff.
GRANT OF EASEMENT ON FILE IN OFFICE OF CLERK TO THE BOARD
Q. Declaration of Surplus Equipment
The Board reviewed the following memo dated 9/25/96:
DATE: September 25, 1996
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator �n
H.T. "Sonny" Dean, Director General Services�''�"
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Declare Equipment Surplus for Sale
BACKGROUND:
The following equipment (attached list) has been declared surplus to the
needs of the County.
ANALYSIS:
Staff recommends that authority be granted by the Board of County
Commissioners to declare these items surplus and authorize its sale.
FUNDING:
The monies received from this sale will be returned to the appropriate
accounts.
RECOMMENDATION:
This list will be included with the Surplus Property Sale open to the public
as per Florida State Statutes.
29
OCTOBER 1, 1996
Boa 99 mu 272
BOOK i 99 PAGE 273
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) declared the following
items as surplus equipment and authorized its sale:
Surplus Vehicles and Equipment
Asset #
Fleet #
Description
Asset value
Serial number
Department
1727
058
Cherry Picker
$750.00
n/a
Road & Bridge
1730
091
1978 977L Traxcavator/Loader
$53,590.00
11K6472
Road & Bridge
1842
043
1967 D6 Cat Tractor/Dozer
$29,432.00
76A4806
Road & Bridge
3269
n/a
#24 Excavating Bucket
$1,550.00
n/a
Road & Bridge
3962
194
1982 Tire Roller
$26,956.00
526932
Road & Bridge
7739
293
1985 Bush Hog 306RW Mower
$2,090.00
1108515
Road & Bridge
9218
331
1987 Ford 954 Mower
$1,575.00
WM34668
Road & Bridge
9332.07
n/a
1987 Air operated Tail Gate
$200.00
n/a
Road & Bridge
9357
363
1987 John Deere Rotary Mower
$1,896.00
00415HG
Road & Bridge
9358
360
1987 John Deere Rotary Mower
$1,896.00
00416HG
Road & Bridge
9681
n/a
Rosstemp Ice Machine
$1,763.92
NK5336
Road & Bridge
9681.01
n/a
I3001b Ice Storage Bin
$600.00
CJ3976
Road & Bridge
11609
n/a
E -Z Roll wheel mower
$895.85
091047
Road & Bridge
11983
093A
1996 Flail Mower
$2,566.33
56325
Road & Bridge
12401
n/a
E -Z Roll wheel mower
$895.00
09499
Road & Bridge
12616
n/a
IBM laser Printer
$1,650.00
11A0371
Road & Bridge
n/a
n/a
Metal Lockers - 3 sets
n/a
n/a
Road & Bridge
9888
400
1988 Dodge Ramcharger 4X4
- $3,500.00
3B4GW02Y8JM841978
Building & Grounds
11453
n/a
Check Writer/Signer
$2,595.00
5847
Finance
11728
n/a
Table top Decollator
$733.69
n/a
Finance
n/a
Na
14 Monroe Calculators
n/a
List on file
Tax Collector
11060
n/a
IBM Computer System
n/a
336071
S. Co. R/O Plant (at N. Bch. Plant)
14906
n/a
I I5kv Diesel Generator
$2,500.00
E5278H4
WRWWTP (at Flt Mgt)
2886.06
076
1977 International Tractor w/Bush Mower
$1,200.00
1100938
WRWWTP (at Flt Mgt)
n/a
n/a
Utility Service Truck Body
n/a
n/a
WRWWTP (at Flt Mgt)
30
OCTOBER 1, 1996
R. Proclamation - National Wildlife Refuge Week
Chairman Adams noted that Pelican Island National Wildlife is
the leading topic in the October issue of National Geographic. The
article mentions Wabasso in particular.
PROCLAMATION
WHEREAS, the National Audubon Society and the U. S. Fish and
Wildlife Service are planning an event at Pelican Island National
Wildlife Reserve in Florida; and
WHEREAS, this event will officially mark the beginning of a
seven year National Audubon campaign to support the Refuge System
leading up to the system's centennial in 2003; and
WHEREAS, the Audubon campaign will use a creative, multi-.
pronged approach to build an active constituency of ci.t.A-zens and
policy makers who will speak out on behalf of the 'Rekuge System and
work toward its stewardship and protection on behalf of birds and
other wildlife; and
WHEREAS, a centerpiece of the National Wildlife Refuge Week
events will be the signing of a Memorandum of Agreement between the
U. S. Fish and Wildlife Service and the National Audubon Society,
signaling a substantive working relationship; and
WHEREAS, the two organizations agree to work jointly on
specified projects that are updated each year; and
WHEREAS, the celebration will occur aboard the "Lady Dolphin"
on Thursday, October 3 from 4:30 p.m. to 7:30 p.m., which will take
guests out to view Pelican Island and its wildlife inhabitants:
NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS that the week of October 5-13, 1996
be designated as
NATIONAL WILDLIFE REFUGE WEEK
in Indian River County, and the Board urges all citizens to
participate in the efforts of the U. S. Fish and Wildlife Service
and the National Audubon Society to protect these special places
for future generations.
Dated t1lis 1 day of October, 1996.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
�ic2,►� A (J_kcja-ly�
Fran B. Adams, Chairman
31 BOOK FAGE4
OCTOBER 1, 1996 - f-
I
BOOK 99 PAGE275
S. Proclamation - Domestic Violence Awareness Month
PROCLAMATION
WHEREAS, domestic violence is a serious crime that affects
people of all races, ages, income levels and sexes; and
WHEREAS, the crime of domestic violence violates an
individual's privacy, dignity, security and humanity due to the
systematic use of physical, emotional, sexual, psychological and
economic control or abuse; and
WHEREAS, children who grow up in violent homes are abused
and neglected at a rate of 1500% higher than the national
average; and -
WHEREAS, more than 7 million women are killed each year by
their partners; and
WHEREAS, violence is a learned behavior that can be
unlearned, the cycle of which, when broken, restores equal
respect to the victim and recognizes her right to a loving
relationship free from the fears of humiliation and intimidation.
Only a coordinated effort will put a stop to this heinous crime:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the month of
October, 1996 be recognized as
DOMESTIC VIOLENCE AWARENESS MONTH
in Indian River County, and the Board, in recognition of the
important work done by the domestic violence programs, urges all
citizens to actively participate in the scheduled activities and
programs sponsored by SafeSpace, Inc. to work toward the
elimination of personal and institutional violence against women.
Dated this 1 day of October, 1996.
32
OCTOBER 1, 1996
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Fran B. Adams, Chairman
CURRENT COUNTY AUDITOR CONTRACT ASSIGNMENT
The Board reviewed the following memo dated 9/25/96:
TO: Board of County Commissioners
FROM:q�r
Jeffrey K. Barton, Clerk of the Circuit Court
DATE: September 25, 1996
RE: Current County Auditor Contract
As the Board of County Commissioners is aware, the Board entered into an
auditing contract with the firm of Berger, Harris, Toombs, Elam & MCAlpin for
five years starting October 1, 1995 (for audits starting with fiscal year
1995).
The Berger -Harris firm has recently undergone some internal reorganization
and has split into two different firms. Pursuant to the attached letters
from these two firms the Indian River County contract is being assigned to
the new firm of Harris, Cotherman & Associates, CPAs, Chartered.
Since the auditing firm was selected by an auditor selection process, the
Board has the power to accept this assignment or not.
Requested Action: Request 'that the Board either approve the referenced
assignment or undertake a new auditor selection process.
Jeffrey K. Barton, Clerk of the Circuit Court, advised that
Mr. Harris and Mr. Cotherman are here to answer any questions the
Board may have in regard to the assignment. The group being
assigned will be the same group that worked on the audit the
previous year.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Bird absent) approved the assignment of
contract to the new firm of Harris, Cotherman &
Associates, CPAs, Chartered.
LETTER OF ASSIGNMENT ON FILE IN OFFICE OF THE CLERK TO THE BOARD
boot 99 MU
33
OCTOBER 1, 1996
BOOK 99 FACE 2 I I
6
PUBLIC HEARING - WAL-MART REQUEST TO REZONE 6.19 ACRES
FROM CL TO PD COMMERCIAL RETAIL - EXPANSION TO
SUPERSTORE
PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared Darryl K. Hicks who on
=River
that he is President of the Press- Joumal; a daily newspaper published at Vero Beach
in Indian River County, Florida, that the attached copy of advertisement, being
-QA Q-0
in the matter of / L AL 4 �,/i,nc � o
in the Court, was pub-
lished in said newspaper in the issues of �� • S • g S�
Affiant further says that the said Press-Joumal is a newspaper published at Vero Beach, In
said Indian River County, Florida, and that the said newspaper has heretofore been
continuously published in said Indian River County Florida, each daily and has been entered as
second class mail matter at the post office in Vero Beach, In said Indian River County, Florida,
for a period of one year next preceding the first publication of the attached copy of
advertisement, and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in said newspaper.
'664" Mad y,
P_v�rptPtBLii�•$Ub5
�USs25,1997
No.CC3lM5
(SEAL)
1
.>qT• •gip r•
F0F FLO
before me this 1- day A.D. 1
SANDRA A. PRESC0T1-. S( AR Y PLsL jC,
State of Florida NNi Comm3aton Exn..;vm,m 9a
i
Signed -
Irz
.
34
OCTOBER 1. 1996
jj I lill
RS -8
N
:S.R.t30
/
(c. .PD R.nID pubied CL
�M
PS -2
NOTICE OF f>UBUC REARM
Noft of hemi to omWder the adppd°Aof a
oouen
dy ardnce ramhrhg re*xM fMM ClcLt W
CoLmherdaf) to PD l wmW Deve�opmertt) to ac-
�hpp �wlfth;c: PM a
preaerdly ownedby WeMAmt Stores Inc.. Io- 33 secom A. Towrofip 33 and Renge 39.
See the above map for the bcaftL
A phtbYc hearfrg at which parries in Interest and
be hold dtt 9 W1 the Board of Colmq C0Mft*M3 have an oppoodurdyy to be hemi. will
Yhden River Ca". norida In the County Conmhd
abn Chwrtm of the County AckdrWadon SuBd-
Yg, bated at 184(1 25th street. Vero Beach Flor-
Ida an Tuesday. October 1, 1995 et 9:05 a.m. The
Board of Go�mAedcners may appove an•
otherzor�Lhp deblct adw ttmn the duct requist-
4 pr vided h is within the same genera! Lies oate-
Arryone who may wish to appeal airy ded9lon
which may be made at this meerig wi need to erg
an VW a vabe8m reeord Of the processings is
Raw
wwhIch mindIs based lrhhony and avidenM upon
ANYONE WHO NEEDS A SPECIAL ACCDWAODA-
TION FOR THIS MEETING MUST CONTACT THE
COUNTY'S AMERICANS WITH DISABLITIES ACT
(App) COORDINATOR AT 58748000 X223 AT
LEAST 48 HOURS IN ADVANCE OF THE MEET-
fNli. • .
BRIVER COUNTY
ARD OF COUNTY COMMISSIONERS
SepL 5.1998 1334595
M M M
our
Planning Director Stan Boling presented staff's recommendation
for approval of the PD rezoning and PD conceptual plan with the 6
conditions as outlined:
TO: James Chandler
County Administrator
DIV ON HEAD CONCURRENCE:
Obert M. eati g, IC
Community Developme t Dir;ctor
THROUGH: Stan Boling.,/aAIICP
Planning Director
FROM: John W. McCoy, AICP
Senior Planner, Current Development
DATE: September 25, 1996
SUBJECT: Wal-Mart Stores Inc. Is Request to Rezone Approximately
6.19 Acres from CL to PD Commercial Retail and Receive
Concurrent Planned Development Conceptual Plan Approval
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 1, 1996.
DESCRIPTION & CONDITIONS:
This is a request by Wal-Mart Stores Inc., through its agent Kimley
Horn & Associates, Inc., to rezone approximately 6.19 acres of land
from CL (Limited Commercial) to PD (Planned Development) Commercial
Retail. The subject site is located on the south side of SR 60
immediately east of the existing Wal-Mart store. The subject
property lies between SR 60 and the Main Relief Canal and is a
remnant grove. The purpose of this request is to secure the proper
zoning to expand the existing Wal-Mart store into a superstore.
Planning and Zoning Commission Action
At its regularly scheduled meeting of August 22, 1996, the Planning
and Zoning Commission voted unanimously (5-0) to recommend that the
Board of County Commissioners approve the 6.19 acre rezoning from
CL (Limited Commercial) to PD (Planned Development). The Planning
and Zoning Commission also recommended approval of the conceptual
plan with conditions 1, 2, 4, and 6 as proposed in the August 22,
1996 Planning and Zoning Commission agenda item. The Planning and
Zoning Commission recommended changes to conditions 3, 5, and 7,
which relate to traffic impacts on 53rd Avenue, the SR 60 Corridor
Plan and fencing around the retention ponds, respectively. Please
see pages 24L and 24M of the Planning and Zoning_ Commission minutes
for the original staff conditions, and pages 30 and 31 of the
minutes for the motion.
Subsequent to the Planning and Zoning Commission meeting, planning
staff met with traffic engineering division staff regarding
condition 3. As a result of that meeting, planning staff has
further modified its position on how to address traffic impacts on
53rd Avenue and has modified the wording of recommended condition
3 (please see item 8 in the report for a full explanation). The
35
OCTOBER 1, 1996 B60K 99 PAu 278
BOOK 99 FACE 2 ( 9
proposed condition is different than the condition recommended by
the Planning and Zoning Commission.
Based on the applicant's agreement to comply with the 60 Corridor
Plan criteria, staff has deleted original condition #5 which
related to the SR 60 Corridor Plan compliance.
Staff has also modified original condition #7, which relates to the
fencing around the retention area. The modification is based on
information that was not available to the Planning and Zoning
Commission or staff at the August 22, 1996 Planning and Zoning
Commission meeting. The modified condition is not the same as the
original condition or the Planning and Zoning Commission
recommendation, but the intent of making the fence less visually
obtrusive is consistent with wording of both conditions. With
renumbering, original condition 7 is now condition 5.
The Zoning & Development Approval Process
Presently, the site is zoned CL (Limited Commercial), a zoning
designation which does not allow department stores that exceed
40,000 square feet in size. Because of this criterion, the
applicant must rezone the site in order to proceed with the
proposed expansion. Consequently, the applicant has requested that
the subject property be rezoned to the PD (Planned Development)
district, which is the zoning designation of the existing Wal-Mart
site.
In choosing to rezone the subject property to PD Commercial Retail,
the applicant has elected one of three options available to him.
Any of these three options, if approved, would allow the applicant
to proceed with his project, as proposed. The two non -chosen
options available to the applicant are:
• To request that the site be rezoned to CG (General
Commercial). If the site were rezoned to CG, all uses
permitted within the CG zoning district, including large
individual department stores, could be developed on the site
via the conventional site plan approval process. Other uses
allowed within the CG district, such as drive-through
restaurants, unenclosed auction facilities, car washes, car
dealerships, fuel dealers, motels and hotels, could also be
allowed on the site.
• To request a PD special exception approval which would include
a waiver from the CL district's 40,000 square foot limitation
on individual department stores. The waiver provision is a
mechanism available only through the PD special exception
process. This option would ensure that the applicant could
construct only what was approved on the PD plan, and would
essentially grant a waiver to one specific land use criterion.
With this option, however, the overall Wal-Mart/Sam's site
would be split by the PD/CL zoning district boundaries.
In opting not to pursue the traditional rezoning or the PD special
exception alternatives, the applicant instead has chosen to rezone
the entire property to the PD zoning district. This option can
also provide for approval of the proposed use.
Incorporated as a new zoning district when the LDRs were first
adopted in 1991, the PD zoning district has been used a few times
in the county. Unlike all other zoning districts, the PD district
has no specific size or dimension criteria and no specific list of
allowed uses. Instead, the PD district relies on the underlying
land use plan designation for use and intensity limitations. As to
OCTOBER 1, 1996
M
36
setbacks and -other typical zoning district regulations, these are
established in the PD zoning district on a case by case basis
through approval of a conceptual PD plan. Adopted as part of the
PD zoning for a property, the conceptual plan serves as the zoning
standard for the site.
A rezoning to the PD district includes the submission of a binding
conceptual PD plan which, along with certain PD district
requirements, limits uses and sets -forth specific development
standards on the site. Thus, a PD rezoning would allow a unique
adaptation of the PD district to the subject site.
In this case, the proposed conceptual PD plan proposes expansion of
the existing Wal-Mart store from 127,510 square feet to 194,310
square feet. It also proposes related parking, drainage,
landscaping and buffering improvements. The aspects of the
conceptual PD plan are addressed in the "Plan Analysis" section of
this report.
In planning staff's opinion, the PD rezoning option is; the best
alternative in this case. Unlike other zoning districts, the PD
rezoning option allows the county to consider the appropriateness
of the proposed development while giving the county a significant
amount of control over certain aspects of site development.
The PD rezoning review, approval, and development process is as
follows:
STEP 1. Rezoning and conceptual PD plan approval:- review and
recommendation made by staff and the Planning and Zoning
Commission. Final action by the Board of County
Commissioners.
STEP 2. Preliminary PD plan (combination of site plan and
preliminary plat) approval: review and recommendation
made by staff.. Final action by the Planning and Zoning
Commission.
STEP 3. Land Development Permit or Permit Waiver: reviewed and
issued by staff.
STEP 4. Building Permit(s): reviewed and issued by staff.
STEP 5. Final PD Plat approval: review and recommendation made
by staff. Final action by Board of County Commissioners.
STEP 6. Certificate of Occupancy: reviewed and issued by staff.
As required by the PD ordinance, the applicant is pursuing
concurrent approval of the rezoning request and the conceptual PD.
Therefore, if these requests are approved, the Planning and Zoning
Commission will review the preliminary PD plan at a future date.
Once a conceptual PD plan is approved, only minor modifications to
the conceptual plan can be approved at a staff level. Any changes
proposed that would intensify the site use (e.g. increase the
maximum square footage of building area) or reduce compatibility
elements (e.g. reduce buffering or setbacks) could be approved only
via a process involving public hearings held by both the Planning
and Zoning Commission and the Board of County Commissioners.
*The Proposed PD District
The subject site has a C/I, Commercial/Industrial, land use
designation. This land use designation allows underlying
3
OCTOBER 1, 1996 BOOK 00 PAGE 280.
BOOK 99 PAGE .981
properties to be zoned commercially or industrially. Since the
land use designation of a property controls the use of the property
by limiting the zoning districts applicable to the property, any
rezoning must be compatible with the land use designation of a
property and will control the specific types of uses permitted on
the property. As indicated in the county's land development
regulations, the PD zoning district is a compatible zoning district
with sites having a commercial/industrial land use designation.
Once a specific PD rezoning is approved for a site, the applicable
PD conceptual plan adopted as part of the rezoning will then limit
the type of specific uses allowed on the subject site.
In accordance with the provisions of LDR section 911.14, a PD
district allowing retail and commercial shopping center uses may be
approved within a Commercial/ Industrial designated area. Such a PD
rezoning will limit the uses on the subject site to retail type
uses. Certain standards related to uses, compatibility
(buffering), infrastructure improvements, and open space areas are
set -forth in LDR Chapter 915 (PD Process and Standards for
Development Ordinance), and form the basis for the PD district.
Based upon the proposed conceptual PD plan and the Chapter 915
standards, the proposed PD district for the subject site contains
the following characteristics:
Aspect
CL/CG Districts
Overall PD: Existing
Proposed 6.19 Acre PD
Wal-Mart/Sam's & 6.19
Expansion Site
Acre Sites
11
Use(s)
Retail uses; restaurantsi
automotive sales &
Retail shopping center,
dept. stores (including
Retail shopping
depart.
service= personnel
services, motel & hotel
accessory auto tire &
center, stores
(including accessory
(CL district requires that
lubercation service)
auto tire &
dept. stores not exceed
lubercation services)
40,000 sq. ft. in size)
Maximum eBldg.
30% of site
319,810 sq. ft. orII.Coverag
14,569 sq. ft. or
18.76$ of site
5.14V of 6.19 acres
Green Open
MiniSpace
25% of site
426,227
426,227 sq. ft. or 2S*
142,703 sq. ft. or
of site
52.92V of 6.19 acres
Maximum Bldg. Height
35'
30'
30'
Building Setbacks
25' front and rear; 10
side
Vary from 41.5' to 650'
Vary from 41.5' to
600'
Landscape Buffers:
a. Northside (SR 60):
10' wide landscape strip
between SR 60 &
30' to 40' wide "Type D"
buffer
30' to 40' wide "Type
parking
spaces (along north side)
& landscape strip
D" buffer & landscape
strip
b. Southside (along
canal):
4' wide landscape strip
25' wide "Type B" buffer
25' wide "Type B"
& perimeter 8' high
buffer & perimeter e'
concrete panel wall
high concrete panel
wall
C. Along east & west
adjacent to other
4' wide landscape strip
4' wide landscape strip
4' wide landscape
commercial
strip
Properties:
d. Parking lot
10t of parking/driveway
12p,
"interior area"
landscape area:
area
12i
It should be noted that, if the PD rezoning request is approved,
the approved conceptual PD plan will be included as -an actual
exhibit to the ordinance that approves the rezoning request.
REZONING ANALYSIS
Existina Zonina and Land Use Pattern.
The site is located immediately east of the existing Wal-Mart store
lying between SR 60 and --the Main Relief Canal. --The site is
presently vacant and consists mainly of remnant grove.
38
OCTOBER 1, 1996
The property --to the west contains the existing Wal-Mart store, and
the building site for a future Sam's store. The property to the
east of the subject property is occupied by an Applebee's
Restaurant, with the remainder of the parcel being vacant. The
eastern boundary will align with and form the southern "extension"
of 53rd Street, which includes the existing driveway that serves
Applebee's. Across SR 60 to the north are several single family
subdivisions zoned RS -6. To the south is the Main Relief Canal
(300' right-of-way), with residentially zoned (RS -2) property
located to the south of the Main Relief Canal.
The Main Relief Canal provides a physical barrier and separation
feature for the subject properties to the south and is owned,
maintained and controlled by the Indian River Farms Water Control
District (IRFWCD). The Main Relief Canal is approximately 100'
wide (top of bank to top of bank) and centered in a 300' wide
right-of-way. The 100' of right-of-way south of the canal has been
cleared in conjunction with the City of Vero Beach power line
extension. The 100' of right-of-way north of the canal has been
cleared behind the existing Wal-Mart. The portion of canal right-
of-way behind the subject property is heavily wooded but could be
cleared by the water control district, or by the requirements of
the water control district.
The zoning pattern is the result of the natural and' 'man-made
physical features proximate to the site. Two characteristics in
particular, those being SR 60 and the Main Relief Canal, affect the
zoning designations in the area. The configuration produces
property which has SR 60 frontage but only limited depth near the
SR 60/Main Relief Canal crossing. A CL zoning district was applied
to this area to encourage less intense uses on the narrow
properties. The subject property has approximately ±800' of depth
along its east property line.
The subject request essentially raises the issues of where the
division between more and less intense uses should occur. Because
the applicant has chosen the PD option, the issue is narrowed to
whether or not the proposed conceptual plan is appropriate for the
subject site.
Future Land Use Pattern
The subject property is currently designated C/I,
Commercial/ Industrial, on the future land use map, as are the
properties east and west of the subject site. The residentially
zoned property to the north of the subject site is designated L-2
on the future land use map, and the property to the south is
designated L-1. The L-2 designation permits residential density up
to 6 units per acre, while the L-1 designation permits residential
uses up to 3 units per acre.
*Zoning District Differences
The substantive differences between the site's current CL zoning
and the PD zoning proposed for the subject property are that the
proposed.PD rezoning:
sets no limits on the size of an individual department store
(CL limits individual department stores up to 40,000 square
feet) .
specifically allows only retail uses on the site (the CL and
CG districts allow a wide range of uses such as automotive
sales, hotels and motels), and
OCTOBER 1, 1996 39
BOOK 99 PAGE 282
BOOK 99 PAGE 283
requires buffering and landscaping that is more extensive than
that required of CL/CG conventional site plan developments.
All other size and dimensional criteria in the proposed PD zoning
district are either equal to or are more restrictive than the CL
zoning district standards, as previously described in this report.
eConcurrency of Public Services:
As per section 910.07(2) of the Concurrency Management Chapter of
the county's land development regulations, projects which do not
increase density or intensity of use are exempt from concurrency
requirements. By changing the zoning of the subject property from
CL to PD, various uses (department stores over 40,000 square feet)
currently not permitted would be allowed on the site. However,
because the most intense use of the property would be the same in
either district, changing the property's zoning from CL to PD will
not create additional impact on any concurrency facilities. For
that reason, the rezoning request is exempt from concurrency review
because the requested zoning would not increase the use of
intensity of the site, only change the form that commercial
development could take.
Concurrency, however, is an issue with respect to the conceptual
and preliminary PD requests associated with the PD rezoning. This
is addressed in the PD plan analysis section of this staff report.
*Consistency with Comvrehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezonings must also be consistent with the
overall designation of land uses as depicted on the Future Land Use
Map, which include agriculture, residential, .recreation,
conservation, and commercial and industrial land uses and their
densities. -Commercial and industrial land uses are located in
nodes throughout the unincorporated areas of Indian River County.
The goals, objectives and policies are the most important parts of
the Comprehensive Plan. Policies are statements in the plan which
identify the actions which the county will take in order to direct
the community's development. As courses of action committed to by
the county, policies provide the basis for all county development
decisions._ While all comprehensive plan policies are important,
some have more applicability than others in reviewing rezoning
requests. Of particular applicability for this request are Future
Land Use Element Policies 1.15, 1.19, 1.21, and 4.3; Economic
Development Policies 1.1 and 1.4; and Overall Economic Development
Plan objective 2.0 and policy 2.4.
- Future Land Use Policy 1.15
Future Land Use Policy 1.15 states that the commercial land use
designation is intended for uses including: retail and wholesale
trade, offices, business and personal services, residential
treatment centers, limited residential uses and other similar type
uses. All commercial areas must be located within an existing or
future -Urban Service Area.
Since the subject site already has a commercial land use
designation and is located within the Urban Service Area, it is
consistent with Future Land Use Policy 1.15.
40
OCTOBER 1, 1996
M M
Future"%and Use Policy 1.19
Future Land Use Policy 1.19 states that commercial and industrial
land uses are designated as corridors and nodes. These corridors
and nodes shall be located along roads and at intersections with
functional classifications appropriate to the level of activity.
The existing SR 60/58th Avenue Commercial/Industrial node was
established at that location because of the functional
classification of the two roadways (both are principal arterials).
The SR 60/58th Avenue intersection will be one of the most active
intersections in the county. Therefore, the rezoning proposal is
appropriate and consistent with the Future Land Use Policy 1.19.
Future Land Use Policy 1.21
Future Land Use Policy 1.21 states that node boundaries are
designated to provide for efficient land uses and maximum use of
transportation and public facilities while eliminating sprawl and
strip development.
As the county grows, this area will be centrally located in regards
to population distribution and will provide convenient shopping to
a majority of the county's residents. Therefore, the rezoning
proposal is consistent with Future Land Use Policy 1.21.
Future Land Use Policy 4.3
Future Land Use Policy 4.3 states that activity centers such as
commercial, office, and industrial centers shall be located -within
commercial and industrial nodes and corridors to ensure efficient
utilization of the transportation network.
This proposal is within a commercial node, centrally located, and
has access on two principal arterials. Therefore, the rezoning
proposal is consistent with Future Land Use Policy 4.3.
Economic Development Policy 1.1
Economic Development Policy 1.1 states that the county shall
encourage the expansion of existing businesses and attraction of
new industries and businesses.
This proposal would provide for expansion of an existing business
in the county. Therefore, the rezoning proposal is consistent with
Economic Development Policy 1.1.
Economic Development Policy 1.4
Economic Development Policy 1.4 states that the county shall
promote the growth of business which provide skilled and semi-
skilled jobs with salaries higher than minimum wage.
This development would provide both skilled and semi -skilled jobs
that would be higher than the minimum wage. Therefore, the
proposed rezoning would be consistent with Economic Development
Policy 1.4.
- Overall Economic Development Plan Objective 2.0
Overall Economic Development Plan objective 2 states that, by
January 1, 1996, the county will have an unemployment rate that has
decreased to around the middle third (1/3) of Florida counties as
published by the Florida Department of Labor and Employment
Security.
OCTOBER 1, 1996 41 BOOK 99 FAU 284
BOOK 99 FADE 285
This development will provide additional jobs in the community and
help Indian River County meet the stated objective.
Overall Economic Development Plan Objective 2.4
Overall Economic Development Plan objective 2.4 states that the
Indian River County Council of 100 shall identify areas of the
county providing summer employment opportunities and make this
information available to agricultural related businesses and
employees.
This proposal will make additional employment opportunities
available in the summer, thereby helping the county provide steady
year round employment.
•Compatibility with the Surroundinc Area:
It is the staff's position that granting the PD'rezoning request
will ensure a greater degree of compatibility with the surrounding
areas than the minimum development standards that would be applied
to a normal CL/CG zoned development. As indicated above, the
increased buffering and building setback standards proposed as part
of the PD zoning district exceed the CL and CG standards. The
Board of County Commissioners does have the ability through the PD
process to require additional conditions or restrictions to ensure
compatibility with the surrounding area.
PD PLAN ANALYSIS:
The PD plan. depicts the proposed superstore improvements and
related parking lot expansion to be located on the 6.19 acre parcel
that is to be rezoned, and depicts construction phasing and some
minor modifications to the existing Wal-Mart/Sam's site, including
changes to: the Wal-Mart building, parking areas, landscape areas,
and the Wal-Mart SR 60 sign. On the overall site (the existing
Wal-Mart/Sam's site and the 6.19 acre addition) the PD plan
indicates two separate stores: a 194,310 square foot Wal-Mart
superstore, and a 125,000 square foot Sam's store. Construction
will be phased, with the first phase of construction consisting of
the expansion of the existing Wal-Mart store to a superstore.
Construction of the Sam's building will be the second phase. In
the future, the applicant may propose minor modifications to the
size of the two buildings; however, the total building area on the
site will not exceed 319,810 square feet.
1. Size of Development Area:
Existing: 32.95 acres
Proposed: 6.19 acres
Total: 39.14 acres
2. Zoning Classification:
Existing: 32.95 acres PD (Planned Development)
Existing: 6.19 acres CL (Limited Commercial)
Proposed: 39.14 acres PD (Planned Development)
3. Land Use Designation: C/I, Commercial/Industrial
42
OCTOBER 1, 1996
4. Building Area:
Wal-Mart: Existing: 127,510 sq. ft.
Phase I: 66.800 sq. ft.
Wal-Mart: Total: 194,310 sq. ft.
Sam's: Proposed: 125,000 sq. ft.
Overall: Total: 319,810 sq. ft.
Note: In the future there may be slight changes to the
building sizes, but the overall building area will not exceed
319,810 square feet.
S. Impervious Surface Area:
Existing: 1,038,263 sq. ft.
Proposed: 126.967 sq. ft.
Total: 1,165,230 sq. ft.
6. Open Space: Required: 25.00%*
Provided: 31.65*
*Note: Twenty-five percent is required in the CL, CG, and PD
zoning districts. The 31.65* figure does not include any open
space credit for the 11.3* portion of the site which is
stormwater pond area.
7. Parking: Required: 1,599 spaces
Provided: 1,625 spaces
Note: All parking spaces will be constructed with Phase I.
The parking lot expansion qualifies for a tire- stop waiver
based on the design of the parking lot expansion.
8. Traffic.Circulation:
*Access
The project site is served by three existing driveways, two on
SR 60 and one on 58th Avenue. The 58th Avenue driveway, and
the westernmost driveway on SR 60, will remain as they
presently exist. The existing eastern driveway on SR 60,
including the median opening, will be closed. The driveway
currently serving Applebee's, which aligns with 53rd Avenue
and has a SR 60 median opening that will remain open, will be
modified and used as the major SR 60 driveway for the project.
The "53rd Avenue driveway" will be a full movement driveway
that provides for right -turns in and out of the site, and
left -turns in and out of the site. An inbound right turn lane
and a left turn lane will be constructed at this entrance.
Besides serving Wal-Mart, the realigned driveway will continue
to serve Applebee's and undeveloped property to the east of
Wal-Mart. Staff has coordinated with Wal-Mart and Applebee's
to ensure that the existing Applebee's northernmost connection
to the 1153rd Avenue driveway" will be modified to safely
accommodate increased traffic along the 1153rd Avenue
driveway".
The applicant is proposing to signalize the intersection of SR
60 and 53rd Avenue, provided that FDOT traffic signal warrants
are met. Prior to PD plan release, the developer will need to
enter into a developer's agreement to provide a traffic signal
at SR 60/53rd Avenue intersection, when warranted. It should
be noted that the SR 60/53rd Avenue intersection may not meet
43
OCTOBER 1, 1996
I
BQOK 99 PAG -L287
signal warrants even after the construction of the Sams, but
would likely meet warrants when areas east of Wal-Mart are
developed.
053rd Avenue Impacts
With relocation of Wal -Mart's easternmost entrance along SR 60
to align with 53rd Avenue and with signalization of the 53rd
Avenue/SR 60 intersection, staff is concerned that there may
be a high volume of cut -through traffic on 53rd Avenue
(through a single family residential area), since 53rd Avenue
connects SR 60 to 26th Street (a collector road). Because of
the potential impact of commercial cut -through traffic on a
residential street, staff is recommending that the developer
be required to monitor the traffic volume on 53rd Avenue for
24 months after the activation of a signal, since
signalization'could facilitate a high volume of cut -through
traffic. The monitoring plan will need to establish counts
prior to construction of the expansion and prior to activation
of a signal at SR 60/53rd Avenue, to establish a baseline
traffic volume for 53rd Avenue.
If the monitoring plan reveals an increase of 500 or more of
cut -through traffic after signal installation, the county
traffic engineering division will devise a plan to reduce cut -
through traffic on 53rd Avenue. Wal-Mart will be responsible
for providing the traffic engineering division with data that
will show if there is a problem in the future and the nature
and magnitude of any such problem. The traffic engineering
division will be responsible for addressing any future
problems, and the traffic engineering division prefers to be
responsible for addressing future problems.
Prior to site plan release, the applicant will need to obtain
approval from the traffic engineering division of a 53rd
Avenue traffic monitoring plan.
*Level -of -Service
Since the proposed changes essentially reduce the size of the
Sam's store in exchange for expansion of the Wal-Mart store,
there is no net increase in building area or traffic from the
previously approved PD plan. The County Traffic Engineer has
reviewed the traffic impact statement submitted with the PD
plan -and has determined that the analysis is acceptable and
that there are no concurrency problems or level of service
problems related to project traffic. Furthermore, the
analysis indicates that, other than some SR 60 turn lane and
median improvements, no off-site traffic improvements are
required for the project (build -out, both phases) . The Public
Works Department has approved the traffic layout with the
proposed traffic improvements.
9. Stormwater Management: The stormwater management plan has
been conceptually approved by the Public Works Department, and
the developer will obtain a Type "A" permit. There will be
three new stormwater management ponds constructed between the
Wal-Mart store and SR 60. Since these ponds are over 2' in
depth, the ponds are required to be fenced. In staff's
opinion, pond fencing should consist of a green or black vinyl
clad chain link fence (6' tall, installed so as to be no
taller than 5' above the grade of the parking lot), so that
the fence does not detract from the aesthetic SR 60 corridor
enhancements required on site.
44
OCTOBER 1, 1996
r � s
10. DRI Binding Letter: Based upon section 916.04, the Board of
County Commissioners may require the developer to obtain a
binding letter of interpretation or a clearance letter from
the Department of Community Affairs (DCA), to provide
assurances that the proposal does not constitute a DRI
(development of regional impact). The developer obtained a
clearance letter from the DCA for the original project. Since
this PD rezoning/conceptual plan request proposes no increase
in commercial building area, it is staff's opinion that the
county should not require the applicant to obtain a new
clearance letter or binding letter of interpretation.
11. Landscape Plan & Buffers: As a condition of the original Wal-
Mart approval, there is a 25' Type C buffer required along the
project site's SR 60 frontage and a 25' Type B buffer with an
8' tall concrete panel wall required along that project's
southern property line. These buffer types will be continued
along the 6.19 acre site's SR 60 frontage and the southern
property line, respectively. The remainder of the site will
comply with the requirements of Chapter 926.
In staff's opinion, the applicant should extend the 8' tall
concrete panel wall along the entire south property line to
the site's east property line. The wall would substitute for
the hedge material required in the Type "B" buffer. However,
the applicant is proposing to extend the 8' high wall 240'
eastward, which will cover only a portion of the project's
371.61' of canal (southern property line) frontage. It is
staff's position that the wall needs to be extended to the
east property line to prevent both noise and light at the back
of the store and at the store's loading area from negatively
impacting the residential area to the south. ' However, the
applicant does not agree with staff's position and is
intending to provide a landscape feature in this area.
12. Utilities: The project will be connected to county water and
sewer. This meets both concurrency and utilities connection
matrix requirements. These utility provisions have been
approved by the County's Department of Utility Services and
the State Health Department.
13. Environmental Issues: The 6.19 acre subject property consists
of mostly a remnant citrus grove, which now includes native
plants and some nuisance exotics. Based on an inspection by
the environmental planning staff, the site does not qualify as
native upland community; therefore, the native upland set-
aside requirement does not apply. The environmental planning
staff has also verified that there are no wetlands on the
subject site; therefore, there are no wetland requirements.
There is a native upland conservation easement on a portion of
the subject site that was used to mitigate destruction of
native uplands on the site of the existing Wal-Mart store.
The proposed superstore building expansion will extend into
the area of the existing conservation easement; therefore, the
applicant will need to have the easement released and will
need to mitigate for the loss of the conservation area. This
can be achieved either by preservation of upland native plant
community area off-site or payment of a fee -in -lieu of
preservation. Prior to site plan release, the applicant will
need to satisfy the native upland set-aside requirement to the
satisfaction of environmental planning staff.
14. Dedications & Improvements: The applicant will be making
several off-site improvements. One improvement will involve
45
OCTOBER 1, 1996 BOOK 99 ��
BOOK 99
modifying the existing sidewalk along SR 60 to construct a
deceleration lane into the site at the 1153rd Avenue driveway".
This improvement requires a 10' right-of-way dedication for a
portion of SR 60, and said dedication is depicted on the
preliminary PD plans and plat. Another improvement will
involve closing the existing median cut for the existing
eastern driveway and modifying the median at 53rd Avenue to
accommodate a proposed signal at that location. These
improvements are all depicted on the proposed plan.
15. Concurrency: When the initial rezoning occurred for the
Sam's/Wal-Mart store, the applicant reserved sufficient
capacity to provide concurrency for remaining construction.
Therefore, concurrency requirements are satisfied for the
total development proposed.
16. Interim SR 60 Corridor Plan: Since June, staff has been
working with the SR 60 Task Force to formulate a SR 60
corridor plan. Even though no formal plan has been adopted,
the Board of County Commissioners has directed staff to
require that projects along SR 60, such as this one, provide
certain enhancements relating to landscaping, signage, and
architecture. These enhancement requirements have been
applied to other projects along SR 60, including the Indian
River Mall and Applebee's. In addition to on-site
enhancements, the current draft SR 60 corridor plan proposes
special surface treatments of certain median areas.
The proposed conceptual PD plan would meet the interim SR 60
plan requirements, with the addition of certain approval
conditions as recommended by staff at the end of this report.
Specific elements are addressed with this preliminary PD plan,
as follows:
a. SR 60 Landscaping: The applicant has agreed to provide
a 25' Type "C" buffer, with a low berm and hedging to
create a 3' opaque feature, along the new site's SR 60
frontage. This extended buffer will be integrated into
the existing Wal -Mart's SR 60 buffer.
b. SR 60 Right -of -Way Treatment: Staff has recommended
that, in places where the SR 60 median at 53rd Avenue
will be reworked to form a 4' to 6' wide concrete traffic
separator, the applicant shall use some type of brick
pavers, tiles or other special surface treatment on the
lane separator, and the 1153rd Avenue driveway" separator
on-site. The applicant has agreed to provide the surface
treatment for the lane separators at the SR 60/53rd
Avenue intersection, and these are depicted on the
proposed plans. Landscape improvements within the median
are not the responsibility of the developer, although the
county may seek property owner participation in the
future when the median is landscaped.
C. Foundation Plantings:. The applicant has agreed to
provide foundation plantings, consisting of 18' tall
washingtonian palms, and 8' tall multi -trunked wax
myrtles, along portions of the building front to break-up
the expanse of the store front. The landscaping will be
located where there are large wall areas with no openings
or architectural features.
d. Architectural Features: At each of the two building
entrances on the SR 60 side of the building, there will
be an architectural entry feature which will provide both
46
OCTOBER 1, 1996
i r �
horizontal and vertical articulation for the front of the
bft-1ding. The entry points will be pushed -out closer to
the parking lot and will pop-up at the roof line. Staff
has been working with the applicant regarding the
architectural features of the pop -ups, and supports the
proposed architectural changes.
e. Signage: The existing SR 60 Wal-Mart sign will be
replaced as part of this project. The applicant has
submitted sketches of a monument style sign that would
meet the design criteria of the "interim" SR 60 corridor
plan. The sign will not exceed 10' in height, will be
internally lighted, and will have a sign "base"
consisting of masonary columns and opaque landscape
screening. Please see attachment #4 for a sketch of the
proposed replacement sign. It should be noted that the
foundation plantings on attachment #4 will need to fill
the space between the ground and the bottom sign at the
time of planting.
In staff's opinion, the proposed SR 60 and foundation
landscaping, the traffic separator paver enhancements, and the
proposed architectural enhancements meet the standards of the
interim SR 60 corridor plan.
17. Temporary Use Permits and Outdoor Display: Based upon Chapter
972 of the LDRs, temporary use permits can be issued for a
variety of temporary uses including outdoor sales events. The
Wal-Mart site has been a popular location for special vehicle
sales events, based on its location and the abundance of
excess parking provided for the unbuilt Sam's store. Although
a majority of sales events have met temporary use permit. (TUP)
conditions, staff has observed a number of events that have
violated the conditions of the permits or were- unpermitted
altogether. The most typical violations are failure to obtain
a permit and post a bond, and placement of signs and banners
in violation of the'permit.
Staff has attempted to work with the Wal-Mart store management
to reduce the number of violations by sending them copies of
the permit conditions and limiting the number of days that
TUPs are allowed to 45 days per year. However, there have
still been violations. On the weekend of September 14 and 15,
for example, there was a boat sales event held without any
TUP. Based on the inability of Wal-Mart to control these
events, staff is recommending that no more TUPs be issued for
this -site. The recommendation does not include the use of
temporary storage containers, used for layaway at Christmas.
The location of these containers has been approved through the
administrative approval process.
It should be noted that the rezoning of the property from CL
to PD did not specifically address temporary uses such as
outdoor sales events. Therefore, since this site is within a
special PD zoning district, and the PD district. established on
the site does not specifically address temporary uses, it is
staff's opinion that the issue of temporary uses on the
overall Wal-Mart/Sam's site can be addressed with this
rezoning and conceptual PD plan request.
Staff has also observed a continuing outdoor display of
material in front of the existing Garden Center. The
permanent outdoor display in the parking lot raises two
issues. First, it constitutes an on-going defacto temporary
use for plant sales, which is a violation of current
47 BOOK� PA��90
OCTOBER 1, 1996
BOOK 99 PAGE 291
ordinance. Second, it violates the county's prohibition on
"permanent" outdoor display. County policy on outdoor display
allows displaying of merchandise only along a building front
sidewalk, but does not allow display area with the parking lot
area or streetward of the building front sidewalk. Staff is
recommending that all parking lot display be prohibited after
the issuance of a C.O. for the expansion, which will include
an enlarged garden center.
18. Surrounding Land Use and Zoning:
North: SR 60, Single Family/RS-6
South: Main Relief Canal, Single Family/RS-2
East: Applebee's, Vacant/CL
West: Wal-Mart/PD Commercial Retail
CONCLUSION:
Subject to the conditions cited in staff's recommendation, the
requested PD rezoning and conceptual PD plan are compatible with
the surrounding area, consistent with the Comprehensive Plan, meet
all concurrency requirements, and correspond to the site's
Commercial/ Industrial land use designation. It is staff's position
that the subject property is suitable for large, retail department
stores, given the future land use and zoning pattern of surrounding
lands, and the site's proximity and direct access to SR 60 and 58th
Avenue. The conceptual PD plan is consistent with the proposed PD
rezoning, and meets or exceeds applicable land development
regulation requirements.
RECOATION:
Staff recommends that the Board of County Commissioners grant
approval of the PD rezoning request and approve the PD conceptual
plan, with the following conditions:
1. That prior to preliminary PD plan release, the plan shall be
revised to depict the 8' wall along the entire south property
line, extending the existing 8' wall to the eastern property
line of the 6.19 acre expansion parcel. Said wall shall be
constructed prior to issuance of a C.O.
2. That prior to preliminary PD plan release, the applicant shall
obtain release of the conservation easement from the county
and satisfy the native upland set-aside requirements.
3. That prior to preliminary PD plan release, the applicant shall
prepare a traffic monitoring plan for 53rd Avenue, and shall
obtain approval of the plan from the county traffic
engineering division. Monitoring will need to commence upon
construction of a traffic signal at 53rd Avenue and SR 60 and
continue for 2 years.
4. That prior to preliminary PD plan release, the applicant shall
enter. into a developer's, agreement with the public works
department regarding the construction and maintenance of a
proposed signal at 53rd Avenue and SR 60.
5. That prior to issuance of a C.O., the applicant shall install
green or black vinyl clad chain link fencing, not to exceed a
height of 5' above the parking lot grade, around the
stormwater management ponds that are north of the store front .
6. That temporary outdoor sales events and other temporary events
be prohibited on the everall site.
48
OCTOBER 1, 1996
M
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7. That, on the overall site, no outdoor display shall be allowed
north of the sidewalk along the building front of the existing
and proposed stores.
Director Boling showed slides of the location map and the
design of the new monument style sign that will be placed at the
SR -60 entrance.
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Chairman Adams questioned how 53rd Avenue relates to the road
east of Wal-Mart, and Director Boling showed a graphic of 53rd
Avenue and the existing driveway where there will be some
modification that will line up with the driveway on the opposite
side of SR -60. It is staff Is opinion that there could be an
increase in cut through traffic on 53rd Avenue since it is a
straight shot from 26th Street to SR -60. Wal-Mart has proposed to
put a signal there, which could benefit people on 53rd but could
contribute to cut-through=traffic unless traffic calming is used.
Traffic calming is where you make it a bit inconvenient for through
50
OCTOBER 1, 1996
traffic in order to control speeds, etc. At the P & Z Commission
meeting, staff raised the issue of traffic calming and recommended
that before and after the signal is installed, a traffic monitoring
plan be put in along 53rd Avenue to find out if there are increases
in traffic, speed, etc. Staff recommended that the applicant
escrow funds for potential solutions to the problem if, in fact, a
problem arises. The P & Z Commission went along with that
recommendation and staff then met with Wal-Mart and the County's
Traffic Engineering staff to find out what kinds of solutions there
would be for traffic calming. Traffic Engineering wasn't enamored
or satisfied with the types of solutions proposed by Wal-Mart at
that meeting. Staff and Wal-Mart concluded that Traffic
Engineering would be responsible for the types of solutions and
working with the people along 53rd Avenue and that Wal-Mart would
be responsible for monitoring 53rd Avenue to provide data to find
out if there is a problem and the characteristics of that problem.
With that data, Traffic Engineering could devise a solution if
there is a problem. Director Boling reported that the P & Z
Commission met last week on the final site plan and.got into the
traffic calming issue again. Their recommendation was to have Wal-
Mart post $10,000 to pay for any type of traffic improvements that
might be needed, and that recommendation is being brought to the
Board this morning.
Director Boling responded to Chairman Adams' inquiries about
complaints about loading operations with the existing wall, parking
lot lighting, and hedges around the fenced stormwater areas.
Chairman Adams asked if the Sheriff's needs for law
enforcement had been addressed in this rezoning, and Director
Boling advised that there is no net increase from the amount of
actual retail building space that was approved last time.
Chairman Adams inquired about Wal -Mart's plans for building
the Sam's store, and Commissioner Macht asked if there is a
provision in our laws where a portion of property reverts to its
original zoning if it is not used for the commercial purpose for
which it was proposed.
Community Development Director Bob Keating explained that
we don't have that provision with respect to PD rezonings.
Attorney Vitunac advised that it would be difficult under the
Private Property Rights Amendment to go back to a lesser zoning --
there would be an issue there. He did not believe it was a promise
to do something (to build Sam's) ; they have a right to do it if
they want. In this case they are not taking a limited resource;
they have the zoning for it. They can build it or not. It is
their expense to sit there with unused lands.
51 IM a
OCTOBER 1, 1996
BOOK 99 PAGE 295
Director Keating explained Wal-Mart has pretty much
accomplished everything but the actual building of Sam's. When the
Wal-Mart and Sam's project was reviewed for concurrency, they paid
their traffic impact fees for the total square footage amount and
received a 5 -year concurrency certificate by agreeing not to
request getting their money back for non -commencement purposes.
They have made a major commitment with that.
Commissioner Macht recalled that they brought the project to
the Board based on the construction of specific dimensional
facilities, and they have not done that. They have not kept their
word on a lot of things. Why would we expect them to keep their
word on others?
Attorney Vitunac advised that the Board always has -the power
to look at any piece of property and rezone it if conditions
warrant it.
Discussion ensued about the signs above the 4 handicapped
parking spaces in front of the garden center being torn down and
whether they will be restored. The Board gave direction to staff
to see that the handicapped signs that were removed be replaced
with signs at the proper eye level. Director Boling advised that
all signage is inspected before a Certificate of Occupancy is
issued.
Attorney Vitunac asked if there was a time limit regarding the
$10,000 for traffic calming improvements to 53rd Avenue, and
Director Boling advised that staff is proposing that the money be
escrowed for two years to cover any improvements during a monitor
plan period. 53rd Avenue will be monitored for at least 2 years.
Wal-Mart will be responsible for the cost of the monitoring. In
addition, Wal-Mart has agreed to pay the entire cost of a traffic
signal at 53rd Avenue if the DOT deems one is necessary at that
location.
Director Keating advised that ideally staff would not like a
signal on SR -60 because it lowers the level of service, decreases
the speed, reduces the capacity, and reduces the vehicular flow.
Staff would prefer to have the fewest signals possible. Wal-Mart
wants a signal at 53rd Avenue and they have agreed to pay the
entire cost of the signal. Staff is saying that the signal itself
is a catalyst to create the cut through traffic on 53rd Avenue.
The traffic signal would meet the State's criteria for a distance
from the light at SR -60 and 58th Avenue. He believed it is about
one half mile. -�
52
OCTOBER 1, 1996
Chris Mora, County Traffic Engineer, explained that Wal-Mart
will be responsible for design and installation of the traffic
light. The County will be responsible for the maintenance of the
light, but Wal-Mart will reimburse us that expense under an
agreement similar to the one for the traffic light at the Indian
River Mall.
Commissioner Macht asked how Traffic Engineering arrived at
the $10,000 figure because it seemed a trivial sum for traffic
calming.
Mr. Mora noted that traffic calming is rather a new concept.
They used a worst case scenario that if 53rd Avenue became so
horrendous that residents were clamoring for something to be done,
such as a cul-de-sac or closing off the south end, $10,000 seemed
like a reasonable amount to build a cul-de-sac or close off the
road. Obviously, it would have to be something that all the
residents agreed to.
Chairman Adams opened the public hearing and asked if anyone ;
wished to be heard in this matter.
Jim Granse, 36 Pine Arbor Trail, concerned citizen, expressed
concern about the proposed traffic light at 53rd Avenue being too
close to the one on SR -60 at 58th Avenue. He noted that traffic
lights will be installed at the Indian River Mall and at 66th
Avenue.
Chairman Adams emphasized that safety must be our first
concern, not people's ability to go 50 miles per hour on that
stretch of SR -60.
Director Boling explained that a bank has shown interest in
building on the parcel fronting SR -60 and west of Applebee's that
is not owned by Wal-Mart. The driveway west of Applebee's would
serve the bank, Applebee's and Wal-Mart.
Richard Minetti, resident of 56th Avenue, inquired whether
temporary use permits would be allowed on the Wal-Mart property
under the new zoning. He asked if complaints had been received
about those sales.
Director Boling advised that staff is recommending that
temporary use permits not be allowed with the rezoning. Violations
did occur during permitted temporary use sales and a non -permitted
event.
Commissioner Macht stressed that he has received many
complaints from the residents living across SR -60 from Wal-Mart.
BOOK 99 p t o
53
OCTOBER 1, 1996
BOOK *99 PnE2, 97
Fred Mensing, resident of Sebastian, requested that the lights
on that stretch of SR -60 be synchronized to avoid traffic backup.
He suggested that signs be posted informing drivers that the
traffic lights are synchronized for driving at a certain speed.
Susan Motley, attorney from Ft. Lauderdale representing Wal-
Mart, introduced Don Moseley, Wal-Mart senior civil engineering
manager, and Ray Gent, Vero Beach store manager. She advised that
Gary Wallace and Fred Banfield of Kimley-Horn are also in
attendance to answer any questions the Board may have.
Attorney Motley felt it is important to remember that this is
a rezoning of 6.19 acres on the site of an existing store to
accommodate a grocery store component. She emphasized that in
addressing many of the County's concerns on this rezoning, Wal-Mart
has agreed to the following items:
♦ monitor traffic volume on 53rd Avenue for 2 years
♦ modify the elevation of the building
♦ comply with the interim SR -60 corridor plan
♦ add decorative pavers to the median
♦ provide foundation plantings
♦ extend the Type "C" buffer along the SR -60 frontage with*a
low berm and hedging to create a 3' opaque feature
♦ install vinyl -clad fencing around 3 stormwater retention
ponds
♦ replace the Wal-Mart sign at the main entrance with a
beautiful monument -type sign.
Attorney Motley advised that the issuance of temporary use
permits for outdoor sales is of critical importance to Wal-Mart.
She noted that the County's Code does not provide for temporary use
permits and Wal-Mart does have excess parking space to hold special _
events because Sam's has not been built yet. Sam's is still
interested in building at this location, which probably will be in
another 2 years, but they were interested in expanding with the
superstore first. Attorney Motley admitted that there have been
violations of the temporary sales events. A recent boat sale held
in the parking lot was done without a permit because the person
involved believed the occupational license he obtained at the
County Administration Building covered that particular sales event.
She believed that was due to a communication problem, and suggested
that from now on a Wal-Mart representative accompany an individual
to obtain a temporary use permit and see that the agent complies
with those conditions. She also suggested that if there are
problems in the future, they be addressed through the code
enforcement process.
54
OCTOBER 1, 1996
i r �
Attorney Motley summarized Wal -Mart's requests in this
rezoning, and urged the Board to:
1) Not prohibit the temporary use permits.
2) Not require the extension of the 8 -ft. wall.
3) Not attribute all the increased traffic on 53rd Avenue to
Wal-Mart, thereby making Wal-Mart responsible for
all traffic calming improvements.
Attorney Motley stated that the $10, 000 figure for any traffic
calming improvements to 53rd Avenue in the future was just proposed
to Wal-Mart this morning. She emphasized that a way must be found
to arrive at a percentage of the cost of improvements that are
directly attributable to Wal-Mart. They feel it is unfair for Wal-
Mart to pay for all the costs since all trips will not be generated
by Wal-Mart. Surely, traffic will be cutting through 53rd Avenue
to reach other commercial establishments along that strip on SR -60.
Ideally, the right way to handle this is the way the County's
Traffic Engineer discussed after the P & Z Commission meeting.
Wal-Mart would do the monitoring directly before the signal is
installed and for two years after and then let the Cqunty worry
about how to deal with that situation, because it is not easy to
get residents to agree on any kind of a proposal.
In conclusion, Attorney Motley reiterated Wal -Mart's desire
that #1, #6 and #7 be omitted from the conditions of the rezoning.
Commissioner Eggert stated she would agree about the extension
of the wall except for the fact that the site's access road goes
back around the store. She felt it is reasonable to require that
the wall be extended.
Gary -Wallace, P.E. of Kimley-Horn and Associates, explained
that Wal-Mart has storage trailers back there for lay -away
purchases and those trailers require a temporary use permit.
Director Boling advised that temporary use permits are not
required for the storage trailers because that is not a sales
event.
Chairman Adams asked if Sam's will be built and when, and Mr.
Wallace stated that no one here today could say unequivocally, but
they are working on the plans for Sam's and it is their earnest
desire to open the Sam's store in the first quarter of 1998.
Attorney Motley again stressed that the decision was made that
the superstore would be built first.
55
OCTOBER 1, 1996
BOOK 99 PAU
I
BOOK 99 PAGE 299
Chairman Adams preferred the PD over the CG if something could
be worked out on the traffic concerns and the extension of the
wall. There is some concern that the trucks will have to turn
around on that road that goes behind the store.
Attorney Motley stressed that the wall is the least of the 3
concerns they have outlined. The traffic calming improvements and
the allowance of temporary use permits are of huge importance to
Wal-Mart.
Attorney Vitunac advised that the Board can prohibit temporary
use permits under the PD, which is what they are here for, because
the underlying zoning doesn't allow that type of thing. They are
asking for a change that would allow temporary use permits, and
that is up to the Board's discretion.
Commissioner Macht stated that he didn't intend to vote in
favor of the zoning change because he doesn't like dealing with
people who would lead you to believe one thing in order to
accomplish something else. That is what they have done. They had
no intention of building Sam's to start with. When the Wal-Mart
project was proposed, they said they would do everything to protect
the integrity of the residential development across the street.
They went back on their word, and so did we. He emphasized that
calls from those residents to Wal -Mart's store manager were not
returned. His calls to the store manager were not returned. He
wrote the store manager a letter and never received a reply. If
they will not honor their word or obligation in that respect, then
he will not vote for the rezoning, regardless. Commissioner Macht
advised that his second reason for not supporting the zoning change
is the traffic light that might be installed at 53rd Avenue. If
that light is for the safety of the Wal-Mart people, fine.
However, it is not fine for the people who reside on 53rd Avenue.
Commissioner Macht believed that this is not a good proposal.
Commissioner Eggert also had a problem with the traffic light,
but Chairman Adams stressed that while Wal-Mart has offered to pay
for the light, it must meet DOT's requirement criteria before it
can be installed.
Traffic Engineer Chris Mora of Traffic Engineering stated that
the light is not a certainty. In compiling the trips, the State
will deduct a percentage of people turning right out of Wal-Mart.
Director Keating advised that staff does support the traffic
light at 53rd Avenue. i+lal-Mart has worked with—us on that
intersection and also with Applebee's. It is anticipated that
56
OCTOBER 1, 1996
DOT's criteria for approving a traffic light at that location will
be met.
Commissioner Macht felt we should be dealing with an overall
traffic plan for the potential development of that whole strip
rather than dealing with it piece meal.
Bill Koolage of Vista Gardens felt very strongly that the
speed limit should be reduced in advance of the traffic lights
along there. He suggested that we ask the DOT for assistance in
that respect. Director Boling advised that the speed limit is 45
mph between 43rd Avenue and 58th Avenue.
Deputy County Attorney Will Collins wished to question
Director Boling, for the record, regarding discussion about whether
all the traffic cutting down 53rd Avenue from 26th Street is headed
for Wal-Mart and the possibility of some of that traffic being
headed toward the Indian River Mall. He asked Director Boling,
"Isn't it true that the Indian River Mall has its own entrance off
26th Street?", and Director Boling answered, "Yes, that is
correct."
For further purposes of record, Attorney Collins asked
Directors Boling and Keating to stand and swear that all the
testimony they have given here today is the truth, the whole truth
and nothing but the truth, and Directors Boling and Keating each
swore to that effect.
Attorney Motley took some offense to Commissioner Macht's
remarks about Wal-Mart not having lived up to what it has said it
would do. She emphasized that Wal-Mart doesn't have to build their
store exactly when some particular members of the community might
like.
Chairman Adams pointed out that Wal-Mart has done a lot of
good things in this rezoning process and has been tremendously
cooperative. Now, they are asking for some cooperation from the
County on the 3 issues, mainly the temporary use permits.
Attorney Vitunac advised that the Board could limit the
issuance of temporary use permits for one year after which they
would ask for a report from staff as to whether Wal-Mart has lived
up to these conditions. After one year it would expire unless
staff comes back with a positive recommendation.
Commissioner Macht felt we are missing the point. Wal-Mart is
not surrounded by commercial. There is residential right across
the street and for that reason temporary use permits should not be
57 _
OCTOBER 1, 1996 BOOK 99 PAPA, 00
BOOK 99 Fact :301
Chairman Adams asked if Commissioner Macht would be willing to
look at a 150 ft. setback off SR -60 for the temporary use permits,
but Commissioner Macht was not agreeable to that.
Ray Gent, store manager of the Vero Beach Wal-Mart, stated
that he had not received a letter, probably because he has been
here only a year. Attorney Motley felt that any communication
problems probably were attributable to the former manager.
There being no others who wished to be heard, Chairman Adams
closed the public hearing.
Chairman Adams stated that she didn't have a Wal-Mart credit
card or own any of their stock, but did want to say that Wal-Mart
has participated in community programs, contributed generously to
groups, given a significant scholarship for a local child to go to
college, and recognized teachers of the year in the community.
Those are things that were not asked of them in a PD. They have
offered to work with us, which is exactly what we need to do. We
need to encourage more folks to have this kind of attitude.
Commissioner Tippin felt we cannot let our emotions rule us in
this matter. He knows a lot of people who are not anxiously
waiting for Sam's to open, but that is beside the point. Staff has
worked hard and long on this and many compromises have been made by
Wal-Mart. He stressed that property rights were so vitally
important in making this country great.
MOTION WAS MADE by Commissioner Tippin, SECONDED by
Commissioner Eggert, to grant the PD zoning request
and approve the PD conceptual plan with the 7
conditions outlined in staff's recommendation.
Under discussion, Chairman Adams suggested an amendment to the
Motion to require a 150 -ft. setback from SR -60 and a study of the
temporary use permits for one year and analyze any complaints at
the end of the year.
COMMISSIONER TIPPIN accepted the amendment to his Motion, and
COMMISSIONER EGGERT seconded the amended Motion for
discussion.
Under discussion, Commissioner Eggert expressed her concern
about parking lot sales/events conducted by companies other than
Wal-Mart because of the complaints she has received—bout noise,
banners, signs, excessive traffic, etc.
58
OCTOBER 1, 1996
THE CHAIRMAN CALLED FOR THE AMENDED MOTION. The Motion
failed 2-2, Commissioners Eggert and Macht opposed.
A MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, to approve staff's original
recommendation failed 2-2, Commissioners Adams and
Macht voting in opposition.
Attorney Vitunac advised that since Commissioner Eggert is
saying that she could live with Wal-Mart being allowed internal
temporary use permits, that is another option.
MOTION WAS MADE by Commissioner Tippin, SECONDED by
Commissioner Eggert, to approve staff recommendation
to approve the rezoning subject to conditions with
the exception of Condition #6 which would allow Wal-
Mart temporary sales and require a 150 -ft. setback.
from.SR-60.
Under discussion, Commissioner Macht asked for clarification
on the traffic light.
Chairman Adams explained that the traffic light is under the
control of the FDOT, but Commissioner Eggert interjected that the
approval includes Wal -Mart's payment for the light and the
monitoring.
Attorney Vitunac noted that Wal-Mart put up $10,000.
Chairman Adams understood that this calls for payment of the
monitoring, but Commissioner Eggert pointed out that they asked for
a percentage of the cost to be spread out.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
failed by a 2-2 vote, Commissioners Adams and Macht
voting in opposition.
Discussion ensued about tabling this item for one week so that
it may be heard before a full Board, but Commissioner Macht said he
would try a Motion.
59
OCTOBER 1, 1996 900K 99 KEW
BOOK
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board approved staff's
recommendation, as it stands, by a 3-1 vote
(Chairman Adams voting in opposition and
Commissioner Bird absent), and adopted Ordinance
96-20, amending the Zoning Ordinance and the
accompanying zoning map from CL to PD for
approximately 6.19 acres.
ORDINANCE NO. 96- 20
99 PAGE 393
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM
CL TO PD FOR APPROXIMATELY 6.19 ACRES OF LAND GENERALLY
LOCATED BETWEEN STATE ROAD 60 AND THE MAIN RELIEF CANAL,
EAST OF 58TH AVENUE; AND DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
1,
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 consistent with the Comprehensive Plan of Indian
River County, and the county land development regulations,
including but not limited to the Planned Development (PD) Process
and Standards for Development chapter; and
WHEREAS, the Board of County Commissioners of Indian River
County, in conjunction with the rezoning request has approved a PD
conceptual plan (see EXHIBIT B, attached) that controls and
regulates development on the subject land; and
WHEREAS, the Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were -heard;
60
OCTOBER 1, 1996
NOW, THEfi&FORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the property situated in Indian River County, and legally described
in EXHIBIT A (attached) be changed from CL (Limited Commercial) to
PD (Planned Development).
All with the meaning and intent as set forth in the land
development regulations, and the approved conceptual plan.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida, on this 1 day of October ,
1996.
This ordinance was advertised in the Vero Beach Press -Journal
on the 5 day of September, 1996 for a public hearing to be held
on the 1 day of October '1996 at which time it was moved for
adoption by Commissioner Macht seconded by 6bmmissioner
Eggert and adopted by the following vote:
Chairman Fran B. Adams Nay
Vice Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Absent
Commissioner Kenneth R. Macht Aye
Commissioner John W. Tippin Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By: 6 (f��
Fran B. Adams, Chairman
ATTEST BY:
J 3eyu�Bar , lerk
The foregoing instrument was acknowledged before me on this
f ..*;) -tel � by Fran B. Adams as Chairman of the Board of County
Commissione s of Indian River County, Florida, and by
?-A-a) e,) .4 M. ,eIrod Deputy Clerk for Jeffrey K. Barton, Clerk of
the Board of County Commissioners of Indian River County, Florida,
who are personally known to me.
Notary Public
PATPJG1A L JONES
MY COMMISSION# X12 EXI)IRIES Printed Name
Febn9'FTWFAsAIN tis Commission No
,q ;f4.•` BONGED TFpiU TIIOY F861i41NCE W.
Commission Expiration
boot 99
61
OCTOBER 1, 1996
BOOK 99 PAGE 305
Acknowledgement by the Department of State of the State of Florida
this 10th day of Oc 1996.
Effective upon filing with the Department of State.
This ordinance was filed with the Department of State on the
following date: October 10, 1996
u\c\j\walmart.ord Indian
A:lrnin.
Ley>I
BudPr?—
Risk M tF
EXHIBIT A
LEGAL DESCRIPTION
(Parcel 5)
A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 33 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY,' FLORIDA, SAID PARCEL
ALSO LYING IN A PORTION OF TRACT 12, OF INDIAN RIVER
FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2,
PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS; SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
t,
BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF W* -MART
AT VERO BEACH, AS RECORDED IN PLAT BOOK 14, PAGES 21 &
21A, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
THENCE SOUTH 00017'54" WEST ALONG THE EAST LINE OF SAID
PLAT OF WAL-MART AT VERO BEACH, A DISTANCE OF 954.82 FEET
TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE MAIN
RELIEF CANAL; THENCE NORTH 69035'54" EAST ALONG SAID
RIGHT-OF-WAY LINE, A DISTANCE OF 371.61 FEET; THENCE
NORTH 01008'27" EAST DEPARTING FROM SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 801.50 FEET; THENCE NORTH 21°17'28"
EAST, A DISTANCE OF 19.52 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF 20TH STREET (STATE ROAD
NO. 60); THENCE NORTH 89°06'10" WEST ALONG SAID RIGHT-OF-
WAY LINE, A DISTANCE OF 55.80 FEET; THENCE SOUTH
00053'50" WEST DEPARTING FROM SAID RIGHT-OF-WAY LINE, A
DISTANCE OF 234.00 FEET; THENCE NORTH 89°06'10" WEST, A
DISTANCE OF 187.12 FEET; THENCE NORTH 00053'50" EAST, A
DISTANCE OF 234.00 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF 20TH STREET (STATE ROAD NO. 60);
THENCE NORTH 89006'10" WEST ALONG SAID RIGHT-OF-WAY LINE
A DISTANCE OF 123.50 FEET TO THE AFOREMENTIONED POINT OF
BEGINNING.
CONTAINING 269,673.3 SQUARE FEET MORE OR LESS.
u\c\ j \wa1Mart. axA
62
OCTOBER 1, 1996
REQUEST FOR MODIFICATIONS TO COUNTY ALCOHOLIC
BEVERAGE LICENSE REGULATIONS - LORI FOTHERGILL
The Board reviewed the following memo dated 9/25/96:
TO: James E. Chandler
County Administrator
DI S ON HEAD CONCURRENCE:
Bert M. Keating, AICP
Community Dove>>lopm nt Dir ctor
FROM: Stan Boling, rAZCP
Planning Director
DATE: September 25, 1996
SUBJECT: Request by Lori Fothergill for the Board of County
Commissioners to Modify County Alcoholic Beverage 'License
Regulations
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 1, 1996.
BACKGROUND:
Recently, Lori Fothergill, owner, opened The Ultimate Pizza
restaurant within the strip shopping center located at 1265 Old
Dixie Highway in the newly constructed North South Plaza. After
opening her restaurant, Ms. Fothergill applied for a county
alcoholic beverage license. Under the county's current alcoholic
beverage license procedures, code enforcement staff review all such
license applications for compliance with existing zoning
requirements and County Code Chapter 300, Alcoholic Beverages,
regulations.
Current Chapter 300 regulations require the following separation
distances:
1. Establishments where alcoholic beverages are sold and consumed
on -premise must be at least 1,000' from the nearest church or
school.
2. Establishments where alcoholic beverages are sold and consumed
off -premise must be at least 500' from the nearest church or
school.
During its review of Ms. Fothergill's license, code enforcement
staff determined that The Ultimate Pizza is 668' from the nearest
church (the "Primitive Baptist Church" located at the northeast
corner of Old Dixie Highway and 12th Street and which is zoned
commercial). Thus, the restaurant location satisfies the 500' but
not the 1,000' separation distance criterion. Therefore, staff
issued an alcoholic beverage license allowing on -premise sales but
not on-site consumption of alcoholic beverages.
Ms. Fothergill has requested that the Board grant a variance or
change the county code to allow on -premise consumption of alcoholic
beverages at the present site of The Ultimate Pizza.
63
OCTOBER 1, 1996 r LL LL ��j(�11
BOOK
Boa 99 PAcE 30.7
ANALYSIS:
The County Attorney has determined that there are no provisions for
the Board to grant a variance or to waive the Chapter 300
requirements. Therefore, the only relief for Ms. Fothergill is a
change to Chapter 300 of the county code.
For decades, the county has required separation distances between
establishments selling or allowing consumption of alcoholic
beverages and churches and schools. In the 1960'x, the county
reduced the separation distances to legalize certain types of bar
uses in the Gifford area. The intent of the separation distances
is to prevent certain negative aspects of having bar uses close to
churches and schools, including minimizing the risk of minors
obtaining and consuming alcoholic beverages. In staff's opinion,
the code could be modified to distinguish between bars and
restaurants, or to exempt separation distances for churches or
schools located on commercially zoned property, or to reduce
separation distances where hours of operation are limited.
In fact, the Sheriff's Department has recently indicated an
interest in amending Chapter 300 regulations. For the past several
months, county staff have been working with the Sheriff's
Department's C.O.P.E. Unit concerning modifications to Chapter 300
standards. Last June, planning staff sent the Sheriff's Office a
report and analysis addressing some of the same types of issues
with which Ms. Fothergill is concerned. That report suggested that
the Sheriff's Office coordinate closely with church groups and
other interested parties (e.g. schools) and formally request a code
change. Although planning staff has not been contacted by the
Sheriff's Office in recent months about Chapter 300 changes, the
Sheriff's Office may still be interested in the Board considering
some Chapter 300 changes.
In staff's opinion, there are good reasons, expressed in the report
staff sent to the Sheriff's Office in June, for the Board to
consider changing some of the Chapter 300 regulations. Since
Chapter 300 is not a part of the Land Development Regulations
(LDRs), the lengthy LDR amendment process does not apply. To amend
Chapter 300, the Board needs only to have a public hearing and
approve the amendment by a majority vote. It is staff's opinion
that the Board should direct the Attorney's Office and planning
staff to coordinate with Ms. Fothergill, the Sheriff's Office, and
other interested parties and present possible changes to Chapter
300 for the Board's consideration.
RECOMENDATION
Staff recommends that the Board of County Commissioners direct the
County Attorney's Office and planning staff to coordinate with Ms.
Fothergill, the Sheriff's Office, and other interested parties and
present possible changes to Chapter 300 for the Board's
consideration.
64
OCTOBER 1, 1996
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Bird absent) directed staff to
coordinate with Ms. Fothergill, the Sheriff's
Office, and other interested parties and present
possible changes to Chapter 300 for the Board's
consideration.
Chairman Adams suggested that staff also look at the
difference between "bars" and "restaurants".
HEALTH INSURANCE CONTRACT - BCBS OF FLORIDA
The Board reviewed the following memo dated 9/25/96:
TO: James E. Chandler
CoAdministrator
FROM: Roz.Baker
Director of Personnel
SUBJECT: MATTE INSURANCE CONTRACTS
DATE: September 25, 1996
On July 16, 1996, the Board of County Commissioners awarded the
group health insurance to Blue Cross Blue Shield of Florida as our
Third Party Administrator and John Alden Life Insurance through
O'Neil, Lee & West, Inc., as "the re -insurance carrier for the
Excess Loss Insurance.
Attached is the contract for the Excess Loss Insurance which I have
reviewed and concur it is in compliance with the Request for
Proposal. Also, I am awaiting the arrival of the contract from
Blue Cross Blue Shield of Florida for the Board meeting scheduled
October 1, 1996.
RECOMMENDATION
The Board of County Commissioners execute the contracts for the
Excess Loss Insurance with O'Neil, Lee & West and the
Administrative Services Agreement with Blue Cross'Blue Shield of
Aida .
OCTOBER 1, 1996 65 aooK 99..PaGE308,:
BOOK 99 FADE 309
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Tippin, to approve the contracts for
excess Loss Insurance with O'Neil, Lee & West and
the Administrative Services Agreement with Blue
Cross Blue Shield of Florida, as recommended by
staff.
Under discussion, Chairman Adams reported that the employees
have some questions about generic prescriptions, and Personnel
Director Ron Baker explained that the charge will be $8 if the
doctor specifically prescribes that medication or there is no
generic available. The only way they would pay the $16 is if they
insisted on having that medicine other than a generic. -
Commissioner Eggert pointed out that is different than what the
employees were told at the information.meetings.
Commissioner Eggert also inquired if we are satisfied about
where the information on us is going, and Director Baker advised
that Deputy County Attorney Will Collins will address that issue.
Attorney Collins advised that some of the concerns about the
broad waivers of confidentiality are covered under Article 3.6 in
the Administrative Services Agreement where it states, "However,
the Administrator will not provide any report which contains
individual group member identifiable medical information, nor will
the Administrator provide any information with regard to provider
pricing agreements or any other information which is of a
confidential or proprietary nature, as determined by the
Administrator." Attorney Collins advised that the Administrator,
who is Blue Cross and Blue Shield of Florida, will not release
information on specific individuals. He stated that, legally, he
was satisfied with that language.
Duncan Chalmers, P.O. Box 5070, Vero Beach, stated that he has
been bitterly complaining the last few months about the bidding and
selection process used by the consultant in awarding the health
insurance contract. He thought he had seen everything in his 44
years of insurance experience concentrating on employee benefits,
but he was wrong. The recent process was worse than anything he
has seen before. Most of the principles of group insurance were
ignored. About two weeks ago, he informed Chairman Adams that
although he was very displeased with the results of the bid award,
he was going to abandon his objection but would remain available,
if called upon, to point out discrepancies between the bid and its
implementation. Having heard the BCBSF representative gree at the
July 3 BCC meeting that the plan was cancelable at any time with 30
66
OCTOBER 1, 1996
days notice, he decided to bide his time. Yesterday, however, he
received a copy of the contract and it changed his thinking
drastically. Mr. Chalmers emphasized that it is not his intent
today to override the bidding process but rather an attempt to
alert this Commission to the flaws in the proposed contract.
Hopefully, it will result in a workshop that will revise the
contract and protect the interests of the County, County employees,
and the public.
Mr. Chalmers pointed out the following items in the Services
Agreement that he perceived as flawed or not following the rfp:
1) Names Personnel Director Ron Baker as the "Administrator".
2) The hold harmless clauses throughout the contract are to
protect BCBSF.
3) Article 6.8 "Any prior agreements, promises, negotiations or
representations, either verbal or written, relating to the
subject matter of this Agreement and not expressly set forth
in this Agreement are of no force and effect." With this
statement, Mr. Duncan had great doubt about BCBS's
representative's statement at the BCC meeting in July that the
agreement would have a 30 -day termination notice.
4) Deposit of $32,576.13 is the amount needed for the aggregate
premium. The proposal back in July gave the figure as
$30,018.38. Mr. Chalmers believed the $2500 difference was
due to mathematics. However, it points out that changes
between other documents and this document is that whatever is
in the proposed Agreement will prevail.
4) Section 1 states that this is a 2 -year contract, running from
October 1, 1996 to September 30, 1998. He'was,-under, the
impression during the bidding process that this was a 1, -Year
contract. This statement gives great doubt about the ability
of the County to get out from under this contract anytime
within that 2 -year period.
5) There is no 30 -day cancellation mentioned in the Agreement
except at the end of the 2 -year period. There is a 90 -day
cancellation notice for other periods, but not what we were
lead to believe.
6) Article 3.1 "and that the Administrator will not for any
purpose, under ERISA or otherwise, be deemed to be the "Plan
Administrator" of the Group Health Plan or a "fiduciary" with
respect to the Group Health Plan." Mr. Chalmers believed
this was the reason why Mr. Baker was named Administrator.
7) Article 3.4 "The Administrator shall make available its
Preferred Provider Organization Program(s) to covered group
members and their covered dependents, as set forth in the
Group Health Plan." Mr. Chalmers just wanted the Commission
to be aware that there is a big difference between a preferred
provider and a participating provider. He noted that the term
"preferred provider" is used very loosely in this agreement.
67
OCTOBER 1, 1996
BOOK FAG E 310
I
r
BOOK 99 , PAGE 311
8) Article 3.5 - Overpayments "The Administrator shall notify
the Employer whenever attempted recovery is unsuccessful and
the Administrator shall not be required to institute any legal
proceeding to recover such overpayment."
9) Article 3.8 - Claims Payments Outside the State of Florida
Mr. Chalmers wanted the Board to understand that under BCBSF
the County does not have the same freedom of movement that
they would have with, say, the Prudential Insurance Company.
10) Articles 4.4 and 4.5 set out many of the County's
responsibilities, but not those of BCBSF.
11) Articles 6.6 - Inconsistencies repeats that the provisions of
this agreement would prevail.
12) Article 2.3 - Financial Obligations
"Additionally, the Employer shall maintain a reserve amount
with the Administrator or its designee bank as set forth in
Exhibit B (Financial Arrangements Banking Arrangement) Item
111.C. Reserve Requirement: $62,000". Mr. Chalmers raised
this question of a County official and was told that the
reserve in this contract would be 25% of expected claims. Mr.
Chalmers believed that to be a very minimal figure. He felt
the County would be much more secure with 35% of expected
claims and 25% of expected premiums. He cautioned that in the
industry this is called "low balling" and any major claims
will break the plan at any given point. An expected level of
claims must be built in and that should have been designated
in the rfp, but it was not.
Mr. Chalmers urged the Board to review the contract that is in
front of them this morning before authorizing the Chairman's
execution. He recommended that the Board not sign the proposed
contract.
OMB Director Joe Baird pointed out that in the banking
arrangement Mr. Chalmers referred to, the County asked that only a
small amount be set aside ($62,000) because we didn't want the
company to be holding all our money. We have more in reserves than
that. The $62,000 is the amount we will transfer into the account
to pay for 4 days of claims. We tried to negotiate that figure
down because we do not get good interest earnings from that money.
That is just the banking arrangement. We do have a 25% cushion set
aside in our trust fund at present. That $62,000 is just what we
will transfer into the bank account to open it up.
Director Baker advised that he went over this many times and
with Director Baird, Attorney Vitunac and other carriers, and he is
confident this contract is an excellent plan. He is confident
that we will see savings over the next year that we have not
seen in some time. He also -is confident that we will have the
68
OCTOBER 1, 1996
best administration of an insurance plan that the County has ever
experienced.
Commissioner Eggert asked Director Baker, for the record, if
there was any increased liability with him being named the Plan
Administrator, and Director Baker answered, "No, we will be covered
by the laws of Florida." He and Attorney Collins have gone over
that in great detail.
Attorney Vitunac noted that there is a change in Article 6.4.
Jurisdiction is in Palm Bay County, Florida, rather than Duval
County.
THE CHAIRMAN CALLED FOR THE MOTION. The Motion to
approve the contracts passed unanimously, 4-0
(Commissioner Bird being absent.)
CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
FLORIDA RETIREMENT SYSTEM PENSION - COMMISSIONER
The Board reviewed the following memo dated 9/25/96:
DATE: September 25, 1996 r „
TO: James Chandler,
County.Administrator
AR
FROM: RonTaker,
Personnel Director
SUBJECT. Dick Bird - FRS Pension
Indian River County employees are participants in; the Florida Retirement System (FRS),
which is funded by employer paid contributions. Membership is divided into classes
including Regular, Special Risk, Special Risk Administrative Support, Senior Management
Service, and Elected State and County Officers. Each membership class has a separate
funding contribution rate that is based on the vesting and benefit level for the class.
The Elected State and County Officers' Class (ESCOC) was first known as the Elected
State Officers' Class and included the governor, cabinet members, legislators, and certain
members of the state judicial system. Florida Statute Section 121.052, enacted in 1981,
provided elected county officers the option of joining the ESCOC.
69 BOOK 99 Pn.012
OCTOBER 1, 1996
BOOK 99 PAGE 313
Commissioner Richard Bird was elected in November of 1980 and was enrolled in the
Regular Class of the FRS, and the County's funding contributions on his behalf were
based on the Regular Class rate. In November of 1981 he transferred to the ESCOC.
The State Department of Administration, Division of Retirement, has calculated the
difference between the funding contribution for his employment in the Regular Class and
the amount that the contribution would have been for the ESCOC, and the cost was
determined to be $3,281.98. This is in accordance with previous approval from the Board
in the past for previous County Commissioners.
Requested Action: Board authorize the County to pay $3,281.98 from the General Fund
contingency account to the FRS for funding Commissioner Bird's retirement at the
ESCOC level.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Bird absent) authorized payment of
$3,281.98 from the General Fund contingency account
to the FRS for funding Commissioner Bird's
retirement at the ESCOC level.
FDOT TRANSFER AGREEMENT - CR -510 BETWEEN U.S. #1
ACCEPTANCE OF 27TH AVENUE
The Board reviewed the following memo dated 9/24/96:
TO: James E. Chandler,
County Administrator /
FROM: James W. Davis, P.E., �� G
Public Works Director
SUBJECT: Wabasso CR510 Bridge Transfer Agreement to
Florida Department of Transportation
REF. LETTER: Gustavo Schmidt, FDOT to James Davis dated Sept. 13, 1996
DATE: September 24, 1996
DESCRIPTION AND CONDITIONS
The FDOT has agreed to temporarily accept ownership and maintenance
responsibility of CR510 between :US 1 and AlA so that the Wabasse-Bridge repairs
70
OCTOBER 1, 1996
r
can proceed. The DOT will engineer, construct, and inspect the repairs. The
County is responsible for funding not -to -exceed $150,000. After the repairs are
complete, the attached agreement provides for the roadway reverting back to the
County. County staff prefers the bridge and roadway remain under DOT
ownership, and the DOT District Four Planning Office has stated that
communications shall continue to pursue that preference. Instead of delaying the
repair until that issue is resolved, the Public Works and DOT staffs are agreeable
to execution of the attached agreement.
Also in the agreement is the transfer of SR607 (Emerson Avenue or 27th Avenue)
between St. Lucie County and SR60 to the County after the DOT resurfacing is
complete. This transfer has been previously agreed upon in the early 1980's.
ALTERNATIVES AND ANALYSIS
The alternatives presented are as follows:
_ Alternative No. 1
Approve the agreement and authorize the Chairman's signature.
Instruct the staff to negotiate with DOT for permanent transfer of the
CR510 link to the DOT. Funding to be from Fund 109 - Secondary
Road. Improvement Fund - in the amount of $150,000.
Alternative No. 2
Deny approval and renegotiate.
RECOMMENDATIONS AND FUNDING
Alternative 'No. 1 is recommended.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Bird absent) adopted Resolution 96-123,
authorizing the execution of a Transfer Agreement
between the FDOT and IRC for CR-510/Wabasso Road and
SR-607/Emerson Avenue (27th Avenue).
TRANSFER AGREEMENT IS ON FILE IN OFFICE OF CLERK TO THE BOARD
71 BOOK FAf
OCTOBER 1, 1996
BOOK 99 FACE 315
RESOLUTION NO. 96-123
RECORDED IN RESOLUTION BOOK , PAGE
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF A TRANSFER AGREEMENT
BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER
COUNTY, FOR CR -5 I O/WABASSO ROAD AND SR-607/EMERSON AVENUE.
WHEREAS, the COUNTY, has requested the transfer of CR -5 I O/Wabasso Road to the State
Highway System and the DEPARTMENT had requested the transfer of SR-607/Emerson
Avenue from the State Highway System once the transfers are approved by the Secretary of
Transportation,
NOW, THEREFORE, the BOARD OF COUNTY COMMISSIONERS has authorized Fran B.
Adams , as its representative, to execute a transfer agreement with the FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter called FDOT.
This transfer agreement will set forth the terms and conditions under which the COUNTY and
FDOT will abide, commencing on the date of approval by the FDOT's Secretary.
A copy of the Resolution shall be forwarded to FDOT in order to advise them of the COUNTY'S
intent to execute such a transfer agreement with a representative of the Department.
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED in open session this 1 day of October 1996.
Chairman Fran B. Adams
(Seal of the clerk)
ViceCh '" an cargo K. Eggert
Deputy Clerk
72
OCTOBER 1, 1996
2-7/'�Z-44Q4Q' 42Lf=��%
M tuber J o h n W. T i p i n
Inc; --:n River County Aooroved
0(
DEP AGREEMENT RELATING TO THE DREDGING OF THE CANAL
SERVING VERO SHORES SUBDIVISION
The Board reviewed the following memo dated 9/25/96:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Agreement Relating to the Dredging of the Canal Serving Vero Shores
Subdivision
DATE: September 25, 1996
DESCRIPTION AND CONDITIONS
The County Public Works Department has assisted the Vero Shores Homeowner's
Association (HOA) in obtaining a Florida DEP permit for the dredging of the
channel between the Intracoastal Waterway and Vero Shores Subdivision. The
permit was issued in the County's name, however, the Vero Shores Homeowners
Assoc. will contract with a marine contractor and pay all costs. To formally
delegate construction supervision to the Homeowners Association, staff has
prepared the attached agreement. The HOA will hold the County harmless against
all claims associated with the Project.
ALTERNATIVES AND ANALYSIS
The following alternatives are presented:
Alternative No. 1
Approve the Agreement and delegate all project construction,
supervision, and payment to the three parties as specified (Vero
Shores HOA, Subaqueous Services, Inc. and Riverpoint, Inc.)
Alternative No. 2
Deny approval of the agreement and instruct staff to manage
construction including formal bidding. Funding to be by the HOA.
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended whereby the Agreement be approved and the
Chairman is authorized to execute it.
73
OCTOBER 1, 1996
BOOK 99 PAGE -31
Boa 99 FAcE 317
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Bird absent) approved the Agreement as
set out in staff's recommendtion of Alternative #1.
AGREEMENT PLACED ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
RESOLUTION ACCEPTING A CONSERVATION EASEMENT AND
ASSESSING SAME -- LaFOUNTAIN
The Board reviewed the following memo dated 9/18/96:
TO: The Board of County Commissioners
FROM: !���. William G. Collins II - Deputy County Attorney
DATE: September 18, 1996
SUBJECT: Resolution Accepting a Conservation Basement and Assessing Same
Pursuant to Section 193.501, Florida Statutes
In October of 1995, Donald and June LaFountain granted a conservation
easement to Indian River County so that their development project could move
forward.
Mr. and Mrs. LaFountain have now requested that the lands under that
conservation easement be assessed according to its present restricted use.
In this regard, the attached Resolution has been prepared.
RECOMMENDATION•
Authorize the Chairman of the Board to execute the attached Resolution, and
the Clerk to send a certified copy of same to the Property Appraiser.
Deputy County Attorney Will Collins reported that the trees
were intact per an inspection that was done yesterday.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) adopted Resolution 96-124,
accepting a conservation easement from Donald & June
LaFountain and assessing same pursuant to Florida
Statutes.
74
OCTOBER 1, 1996
Part of Parcel No. 28-32-39-00001-0060-00002.0
RESOLUTION NO. 96-124
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
ACCEPTING A CONSERVATION EASEMENT 1;173 COVENANTS OF
CONSERVATION RESTRICTIONS PROVIDED IN SECTION
704.06(1), FLORIDA STATUTES, AMID ASSESSING SAN$
PURSUANT TO SECTION 193.501, FLORIDA STATUTES.
WBffiiEAS, section 193.501, Florida Statutes, allows the Board of
County Commissioners of each County to accept instruments covenanting certain
conservation restrictions over land; and
MBEREAS, a conservation easement was granted to Indian River County
by Donald LaFountain and June LaFountain, husband and wife, and recorded in
O.R. Book 1076 at Pages 2312z'2_316 of the Public Records of Indian River
County, Florida; and
1PBEREAS, said conservation easement subjected the land to one or
more conservation restrictions provided in section 704.06(1), Florida
Statutes,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONNZSSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The recitations set out above are hereby ratified.
2. The grant of a conservation easement over lands described in
O.R. Book 1076, at Pages 2312-2316 of the Public Records of Indian River
County, Florida (copy attached), is hereby accepted; and
3. The conservation restrictions over the real property subject
to the conservation easement extend for an indefinite period to Indian River
County;
4. The Property Appraiser in valuing such land for tax purposes,
is hereby notified, pursuant to section 193.501(3)(a), to consider no factors
other than those relative to its value for the present use, as restricted by
the covenants of the conservation restrictions contained in the conservation
easement above referenced.
BOOK 99 FAGS 318
75
OCTOBER 19 1996
BOOK 99 m,�:319
RESOLUTION NO. 96- 124
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner Tippin , and, upon being put to
a vote, the vote was as follows:
Fran B. Adams, Chairman Aye
Carolyn R. Eggert, Vice Chairman Aye
Commissioner Richard N. Bird Absent
Commissioner John W. Tippin Aye
Commissioner Kenneth R. Macht Ay e
The Chairman thereupon declared the resolution duly passed and
adopted this 1 day of October-, 1996.
BOARD OF COUNTY COMMISSIONERS
IRIDIAN RIVER COUNTY, FLORIDA
Attest: By �__
Fran B. Adams, Chairman
Jeffr � Barton, Cl '
COMMENT ON LAND ACQUISITION ADVISORY COMMITTEE
The Board reviewed the following letter dated 9/30/96:
I I
nclian fiver Land Tryst
4871 Nath AlA Vero Beach, Florida 32963 407/234-3288
September 30, 1996
Board of County Commissioners
1840 25th Street
Vero Beach Florida, 32960
Dear County Commissioners,
I am very concerned about the present absolute power of the
LAAO, an advisory committee, to eliminate lands from the list
of lands for potential purchase. (Land Acquisition Guide, page
12, paragraph 3, line 21)
This absolute power by an advisory group can render the County
Commissioners powerless to -act in the best interest-s—of the
public.
76
OCTOBER 1, 1996
M
Case in Point: Last April the LAAC eliminated the Corrigan
Oceanfront Tract from the list, (not unanimous vote) which they
had ranked 8th on a list of 17 properties the previous month.
Their rationale for eliminating Corrigan was that it was a
duplication of the Cairns Tract. We all know that no deal is
definite until all details have been finalized, and because
of this we came close to losing the Cairns Tract. With Corrigan
off the list, the County Commission would have had no other
options for purchase along the Atlantic Ocean, which they
promised to the voters before the Land Referendum of 1992.
The Land Acquisition Guide, page 2, paragraph 2, describes the
final authority of the County Commission. I would ask the county
attorneys to design the proper wording for the following intent:
the addition of the words "and deletion" after "acquisition"
on line 10 to be in keeping with the proper authority and powers
of the County Commission.
Thank you for your consideration of this important matter.
Sincerely,
Toni Robinson
Chairman, IRLT Land Committee
cc. Roland DeBlois, Bob Keating
Commissioner Macht•felt we could address Toni Robinson's
concern by having LAAC furnish the Commission with a list of the
deleted properties; in other words, properties that were originally
on the priority list and were deleted for whatever reason. He
emphasized that he would be very loath to have any properties
proposed by elected officials. We want any input to come through
the Committee.
Community Development Director Bob Keating advised that he and
Assistant County Attorney Terry O'Brien discussed this matter. The
way the guide reads right now is that projects can be added or
deleted only at the annual review.
Commissioner Eggert noted that the public has not been aware
of that unless they had been attending the LAAC meetings.
Commissioner Macht stated that LAAO will provide an updated
list of the priority rankings. He pointed out that priority
ranking does not indicate purchasing ranking; it indicates
availability and desirability of purchasing.
77
OCTOBER 1, 1996
BOOK 99 PAEE •��O
rr-- I
BOOK PAGE 321
RELATIONSHIP WITH U.S. DEPT. OF INTERIOR - SEBASTIAN
SCRUB LOTS
Commissioner Macht reported that owners of the 49 scrub lots
in Sebastian are restricted from developing their property and must
each go through a difficult application process with U.S. Fish and
Wildlife to do so. The application process includes a substantial
fee and completing a supplement conservation plan, which would
include the landowner's steps to monitor, minimize and mitigate the
impact of building on the property. Then the plan must be reviewed
and accepted by Fish and Wildlife before a land -clearing or
building permit will be issued. Commissioner Macht believed that
Fish and Wildlife is working outside its congressional legislative
authority into areas Congress never envisioned. They are using the
Endangered Species Act and taking people's constitutional rights.
They are denying people's right to develop their property.
Commissioner Macht reported that he discussed the issue with U.S.
Representative Dave Weldon and argued that the County's purchases
of large tracts of environmentally sensitive land should be
considered as mitigation for about 500 -scrub lots in Sebastian
deemed environmentally sensitive by Fish and Wildlife officials.
Lengthy discussion ensued about enlisting the aid of
legislators to resolve the issue of property owners unable to build
on scrub lots in Sebastian.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird absent) agreed to coordinate with
FACo to do whatever we can to get a large and
responsible delegation to speak to our congressional
delegation to support us in asking the U.S. Dept. of
Interior to resolve this issue of obtaining building
permits for environmentally sensitive lots in
Sebastian.
Chairman Adams stated that she will take our concerns to FACo
this week and also talk to Senators Graham and Mack and urge them
to visit the scrub lot sites in Sebastian.
78
OCTOBER 1, 1996
r � �
ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately following adjournment,
the Board would convene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared
separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 11:41 a.m.
ATTEST:
J. . Barton, Clerk
Minutes approved //-
OCTOBER
/ -
79
OCTOBER 1, 1996
SZZR0'-V.- a 0!�Q�
Fran B. Adams, Chairman
BOOK 99 PAGE •�