HomeMy WebLinkAbout2/16/19996
MIND i ES ATTACHED 46
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
TUESDAY, FEBRUARY 16,1999 - 9:00 A.M.
County Commission Chamber
County Administration Building
1840 25th Street, Vero Beach, Florida 32960
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman (District 3)
Fran B. Adams, Vice Chairman (District 1)
Caroline D. Ginn, (District 5)
Ruth Stanbridge (District 2
John W. Tippin, (District 4)
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9:00 a.m. 1. CALL TO ORDER BACKUP
PAGES
2. INVOCATION Chaplain Jack Hempskey
Civil Air Patrol
3. PLEDGE OF ALLEGIANCE - James E. Chandler
4. ADDITIONS to the AGENDA/EMERGENCY ITEMS
1. Add Item I I.C., 1999 Florida Legislative Television Coverage.
2. Add Item 14.A.3.,Biomedical Tedmical Services - PhysioControl Corp. (I.ifepak equipment for ambulances}
3. Move Item I I.A., Progressive Civic League of Gifford - Appeal of Planning & Zoning Commission's Approval of Site Plan for
R&R Investments to Item 9.B.1.
4. Move Item 9.B.1., Charles L. Lim, Sr. Request to Speak Regarding Lack of HMO in the County, to Item 9.B.2.
S. Move Item 9.B.2., Request by Francis Coffey to Speak Regarding Beach Preservation Project to Item 9.B.3.
5. PROCLAMATION and PRESENTATIONS
Proclamation Designating Feb. 21-27, `99 as Engineers
Week in Indian River County, Florida 1
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
A. Received & Placed on File in Office of Clerk to
the Board: Report of Convictions, Jan., 1999
B. Approval of Warrants
(memorandum dated February 4, 1999) 2-9
C. Proclamation Designating March 4 - March 6, `99
as Mentally Handicapped Week in I.R.C. 10
D. Approval of Out -of -County Travel to Land Use
Decisions Seminar in Tallahassee, FL, 3/25/99 11
E. Surety Bond for Sheriff Wheeler
(memorandum dated February 9, 1999) 12-16
F. Bid Award: IRC Bid #9039 - Construction of
Cherrywood Est. Water Assessment Project
(Utilities Dept.)
(memorandum dated February 5, 1999) 17-30
BOOK 108 PAGE&CJ
r
BOOK 108 PAGE 329
BACKUP
7. CONSENT AGENDA (cont'd.): PAGES
G. Miscellaneous Budget Amendment 008
(memorandum dated February 10, 1999) 31-37
H. Change in Name on Lease Agreement for
Copiers at the Main Library
(memorandum dated February 10, 1999) 38-43
I. Grant Agreement for Article V Trust Fund
Grant -In -Aid
(memorandum dated February 10, 1999) 44-71
J. Payments to Vendors of Court Related Costs
(memorandum dated February 5, 1999) 72
8. CONSTITUTIONAL OFFICERS and
GOVERNMENTAL AGENCIES
None
9:05 A.M. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Community Baptist Church's Request for
Special Exception Use Approval for a Build-
ing Addition to an Existing Place of Worship
(memorandum dated February 3, 1999) 73-79
2. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FROM
IL, RS -6, RM -6 AND A-1 TO PD COMMERCIAL /
RESIDENTIAL FOR APPROX. 185.21 ACRES OF LAND
GENERALLY LOCATED ON THE SOUTH SIDE OF 65"
STREET AT 3745 65" STREET; AND DESCRIBED HERE-
IN, AND PROVIDING FOR AN EFFECTIVE DATE
(memorandum dated February 5, 1999) 80-101
B. PUBLIC DISCUSSION ITEMS
1. Request by Charles L. Linn, Sr. to Speak Regard-
ing Lack of HMO in Indian River County
(letter received February 10, 1999) 102-103
2. Request by Francis M. Coffey to Speak Regard-
ing Beach Preservation Project
(letter dated February 10, 1999)
C. PUBLIC NOTICE ITEMS
None
10. COUNTY ADMIMSTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
104
A. Community Development
Progressive Civic League of Gifford, Florida Inc.'s
Appeal of the Planning and Zoning Commission's
Approval of a Site Plan for R & R Investments
(memorandum dated February 5, 1999) 105-142
9 It
G. Public Works
1. Indian River County Shooting Range
US Army Corps of Engineers Permit
(memorandum dated February 9, 1999) 175-197
2. Joint Participation Agreement (JPA) with
the Florida Dept. of Transportation (FDOT)
for: Internally -Illuminated Street Name Signs
(memorandum dated February 3, 1999) 198-212
H. Utilities
None
I. Human Services
None
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. Chairman Kenneth R. Macht
B. Vice Chairman Fran B. Adams
Appointment of Pat Callahan to Treasure Coast
Sports Commission Representing IRC Rec. Dept.
(letter dated February 9, 1999)
C. Commissioner Caroline D. Ginn
D. Commissioner Ruth StanbridZe
American Heritage River Program
(no backup provided)
L _
213-215
BOOK 1OB PAGE330
BACKUP
11. DEPARTMENTAL MATTERS (cont'd.): PAGES
B.
Emergency Services
Ericsson 800 MHZ Year 2000 Upgrade Proposal
(memorandum dated February 3, 1999) 143-174
C.
General Services
None
D.
Leisure Services
None
E.
Office of Management and Budget
None
F.
Personnel
None
G. Public Works
1. Indian River County Shooting Range
US Army Corps of Engineers Permit
(memorandum dated February 9, 1999) 175-197
2. Joint Participation Agreement (JPA) with
the Florida Dept. of Transportation (FDOT)
for: Internally -Illuminated Street Name Signs
(memorandum dated February 3, 1999) 198-212
H. Utilities
None
I. Human Services
None
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. Chairman Kenneth R. Macht
B. Vice Chairman Fran B. Adams
Appointment of Pat Callahan to Treasure Coast
Sports Commission Representing IRC Rec. Dept.
(letter dated February 9, 1999)
C. Commissioner Caroline D. Ginn
D. Commissioner Ruth StanbridZe
American Heritage River Program
(no backup provided)
L _
213-215
BOOK 1OB PAGE330
13. COMMISSIONERS ITEMS (cont'd.):
E. Commissioner John W. Tipnin
Proposal for Dodger Video for TV
(backup will be provided separately)
BOOK 108 PAGE
BACKUP
PAGES
14. SPECIAL DISTRICTSBOARDS
A. Emergency Services District
1. Approval of Minutes - meeting of 12/15/98
B.
C.
2. Bid Award: IRC Bid #9032 Boatlift at Fire
Station 2 / Emergency Services/Fire Div.
(memorandum dated February 9, 1999)
Solid Waste Disposal District
1. Approval of Minutes - meeting of 1/19/99
2.
3.
4.
Approval of Minutes - meeting of 1/26/99
Approval of Minutes - meeting of 2/2/99
Bid Award: IRC Bid #9041 Roll Off Con-
tainers
(memorandum dated February 8, 1999)
Environmental Control Board
None
15. ADJOURNMENT
216-220
221-232
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
DI meetlmg.
Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times
throughout the week
Falcon Cable Channel 35 - rebroadcast Friday evening
• It
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
FEBRUARY 16, 1999
1. CALL TO ORDER .............................................. .1-
2. INVOCATION ................................................. -1-
3. PLEDGE OF ALLEGIANCE ...................................... .1-
4. ADDITIONS TO THE AGENDA ................................... 1-
5. PROCLAMATIONS AND PRESENTATIONS ........................ .2 -
Proclamation Designating February 21-27, 1999 as "Engineers Week" .......2-
6. APPROVAL OF MINUTES ....................................... .3-
7. CONSENT AGENDA ........................................... .3-
7.A. Reports ................................................. -3-
7.13. List of Warrants ........................................... -3-
7.C. Proclamation Designating March 4-6, 1999 as "Mentally Handicapped
Week" ...................................................9-
7.D. Out -Of -County Travel - Commissioner Stanbridge - Land Use Decisions
Seminar - Tallahassee, FL - March 25, 1999 .................... .10-
7.E. Sheriff Wheeler - Surety Bond ............................... -11-
7.F. Bid #9039 - Cherrywood Estates Water Assessment Project - Driveways,
Inc. ................................................... -12-
7.G. Miscellaneous Budget Amendment #008 ....................... -13-
7.H. Main Library Copiers - Friends of the Library Lease Agreement with
Commercial Equipment Leasing - Transfer to County ............. -16-
FEBRUARY 16, 1999
- l.BOOK 108 PAGE 332
I
BOOK 108 FACE333
7.1. Article V Trust Fund Grant -In -Aid Agreement - Office of State Courts
Administrator (OSCA) - Court Costs .......................... -17-
7.J. Payments to Vendors of Court -Related Costs ................... -18-
9.A.1. PUBLIC HEARING- COMMUNITY BAPTIST CHURCH - SPECIAL
EXCEPTION USE APPROVAL FOR BUILDING ADDITION TO AN
EXISTING PLACE OF WORSHIP ................................ .19-
9.A.2. PUBLIC HEARING - ORDINANCE 99-003 AMENDING THE ZONING
ORDINANCE AND ACCOMPANYING ZONING MAP FROM IL, RS -6, RM -6
AND A-1 TO PD COMMERCIAL/RESIDENTIAL FOR APPROXIMATELY
185.21 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF
651" STREET AT 3745 651' STREET - SOUTHERN DUNES GOLF CLUB,
INC......................................................... -24-
9.B.1. PROGRESSIVE CIVIC LEAGUE OF GIFFORD, FLORIDA, INC. - APPEAL OF
APPROVAL OF SITE PLAN FOR R & R INVESTMENTS (INDOOR
MEMBERSHIP GUN RANGE) SW CORNER OF US#1 AND 42ND STREET
(MOVED FROM ITEM I I.A.)................................... .39-
9.B.2. PUBLIC DISCUSSION ITEM - CHARLES L. LINN, SR. - AMERICA'S
HEALTH CHOICE MEDICAL PLAN HMO IN INDIAN RIVER COUNTY
(MOVED FROM ITEM 9.13.1.) ................................... -50-
9.B.3. PUBLIC DISCUSSION ITEM - FRANCIS M. COFFEY - BEACH
PRESERVATION PLAN (MOVED FROM ITEM 9.13.2.) ............... .54-
I I.A. PROGRESSIVE CIVIC LEAGUE OF GIFFORD, FLORIDA, INC. - APPEAL OF
APPROVAL OF SITE PLAN FOR R & R INVESTMENTS (INDOOR
MEMBERSHIP GUN RANGE) SW CORNER OF US#1 AND 42ND STREET
(MOVED TO ITEM 9.B.1.) ...................................... -57-
FEBRUARY 16, 1999
I I.B. ERICSSON 800 MHZ YEAR 2000 (Y2K) UPGRADE PROPOSAL ....... .57-
I I.C. LIVE TELEVISION COVERAGE OF 1999 FLORIDA LEGISLATIVE SESSION
..................................................... -60-
I I.G.I-COUNTY SHOOTING RANGE - US ARMY CORPS OF ENGINEERS
PERMIT - PROJECT 9629 (SJRWMD Permit 4 -061 -0174G -ERP) ........ .62-
I I.G.2.RESOLUTION 99-015 AUTHORIZING JOINT PARTICIPATION
AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) - INTERNALLY -ILLUMINATED STREET NAME SIGNS . .
13.B. VICE CHAIRMAN FRAN B. ADAMS - APPOINTMENT OF PAT CALLAHAN
TO TREASURE COAST SPORTS COMMISSION REPRESENTING INDIAN
RIVER COUNTY RECREATION DEPARTMENT ........ .
13.D. COMMISSIONER RUTH STANBRIDGE - SUPPORT OF DESIGNATING
THE ST. JOHNS RIVER AS AN AMERICAN HERITAGE RIVER
13.E. COMMISSIONER JOHN W. TIPPIN - DODGER VIDEO FOR TV ....... .71-
14.A. EMERGENCY SERVICES DISTRICT
14.B. SOLID WASTE DISPOSAL DISTRICT
FEBRUARY 16, 1999
........................... .72 -
BOOK 108 PAGE 334
February 16, 1999
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on
Tuesday, February 16, 1999, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran
B. Adams, Vice Chairman; John W. Tippin; Caroline D. Ginn; and Ruth Stanbridge. Also
present were James E. Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and Patricia "PJ" Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Chaplain Jack Hempskey of the Civil Air Patrol delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Chandler led the Pledge of Allegiance to the Flag.
4. ADDITIONS TO THE AGENDA
County Administrator Chandler requested 2 additions to today's Agenda:
1. Item I I.C., 1999 Florida Legislative Television Coverage.
2. Item 14.A.3., Biomedical Technical Services - PhysioControl Corp. (Lifepak
equipment for ambulances).
FEBRUARY 16, 1999
-I- BOOK 108 FAGE 335
BOOK 108 PAGE •. 36
Chairman Macht requested that Item I I.A., Progressive Civic League of Gifford -
Appeal of Planning & Zoning Commission's Approval of Site Plan for R&R Investments,
be moved to Item 9.B.1 (also moving Item 9.B.1. Charles L. Linn, Sr. Request to Speak
Regarding Lack of HMO in the County, to Item 9.B.2. and moving Item 9.B.2., Request by
Francis Coffey to Speak Regarding Beach Preservation Project to Item 9.B.3.)
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Ginn, the Board
unanimously made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
PROCLAMATION DESIGNATING FEIIRUARY 21-27,1999 As "ENGINEERs
WEEK"
The Chairman presented the following Proclamation which was received by David
Cox, County Engineer:
PROCLAMATION
DESIGNATING FEBRUARY 21-27,1999
AS "ENGINEERS WEEK" IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, engineers help design, construct and maintain the infrastructure and facilities
that contribute to a high quality of life for all residents of Indian River County, Florida; and
WHEREAS, Indian River County and Florida's future growth depends on engineers'
executive, innovative, creative, high-quality solutions to technical problems; and
WHEREAS, the stated purposes of the Florida Engineering Society shall be to advance the
public welfare and to promote the professional, social and economic interests of the engineering
profession, and to stimulate and develop professional concepts among all engineers through education
and in practice; and
WHEREAS, current members of the Florida Engineering Society and the Florida Institute
of Consulting Engineers are making strides to interact with the engineering education sector to
prepare future engineers to maintain our economic leadership and quality of life; and
WHEREAS, it is fitting that we recognize and honor the continuing contributions of
America's engineers by observing Engineers Week with'the motto: "Engineering the Future":
FEBRUARY 16, 1999
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS IN INDIAN RIVER COUNTY, FLORIDA that the week of February 21-27,
1999 be designated as
ENGINEERS WEEK
in Indian River County, and the Board further urges all residents to join in paying tribute to the
contributions of engineers to our society.
Dated this 16 day of February, 1999.
BOARD OF COUNTY COMMISSIONERS
T
R COUNTY, FLORIDA
Ir
cht, Chairman
David Cox, County Engineer, accepted the Proclamation on behalf of all engineers
who live and work in Indian River County. The Indian River Chapter of the Florida
Engineers Society hopes to make even greater contributions in the 218` Century. He urged
Indian River County and Brevard County engineers to contact President Robert Robb at 407-
779-3723.
6. APPROVAL OF MINUTES
None.
7. CONSENT AGENDA
7.A. REPORTS
Received and placed on file in the Office of the Clerk to the Board:
1. Report of Convictions, January, 1999
7.B. LIST OF WARRANTS
The Board reviewed a Memorandum of February 4, 1999:
FEBRUARY 16, 1999
-3- BOOK 108 PAGE337
BOOK �� FADE
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE: FEBRUARY 4. 1999
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 January 29 to February 4. 1999.
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Ginn, the Board
unanimously approved the list of Warrants as issued
by the Clerk to the Board for the period from
January 29, 1999 through February 4, 1999, as
recommended by staff.
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0019805
TEAMSTERS LOCAL UNION NO 769
1999-01-29
4,087.77
0019806
INDIAN RIVER COUNTY BOARD OF
1999-01-29
1,124.00
0019807
FLORIDA COMBINED LIFE
1999-01-29
2,254.36
0019808
AETNA LIFE INSURANCE AND
1999-02-03
944.26
0019809
FLORIDA RETIREMENT SYSTEM
1999-02-03
353,024.86
0019810
KRUCZKIEWICZ, LORIANE
1999-02-03
138.50
0019811
BREVARD COUNTY CLERK OF THE
1999-02-03
422.04
0019812
ORANGE COUNTY CLERK OF THE
1999-02-03
135.20
0019813
ST LUCIE COUNTY CLERK OF THE
1999-02-03
724.98
0019814
VELASQUEZ, MERIDA
1999-02-03
200.00
0019815
INDIAN RIVER COUNTY CLERK OF
1999-02-03
3,331.98
0019816
INTERNAL REVENUE SERVICE
1999-02-03
650.00
0019817
VERO BEACH FIREFIGHTERS ASSOC.
1999-02-03
1,968.00
0019818
INDIAN RIVER FEDERAL CREDIT
1999-02-03
82,973.65
0019819
COLONIAL LIFE & ACCIDENT
1999-02-03
257.69
0019820
NACO/SOUTHEAST
1999-02-03
5,293.76
0019821
KEY TRUST COMPANY
1999-02-03
596.21
0019822
OKEECHOBEE CO., PMTS DOMES REL
1999-02-03
167.25
0019823
WISCONSIN SUPPORT COLLECTIONS
1999-02-03
23.08
0246981
LAWRENCE, JERALDINE
1998-08-06
.00
0248397
FARMER, LAURA WEST
1998-09-03
.00
0248441
JOHNSTON, DEBRA WEST
1998-09-03
.00
0248580
WEST, ELLEN M
1998-09-03
.00
0248582
WEST, JEANETTE W
1998-09-03
.00
0255245
HOLIDAY INN
1999-01-07
.00
0255875
HIGH RIDGE MOBILE HOME PARK
1999-01-14
.00
0255900
AUDIO VISUALS OF TAMPA
1999-01-21
.00
0255976
INDIAN RIVER COUNTY UTILITY
1999-01-21
.00
0256596
A A FIRE EQUIPMENT, INC
1999-02-04
124.25
0256597
AMERICAN PUBLIC WORKS ASSOC
1999-02-04
20.00
0256598
ACE PLUMBING, INC
1999-02-04
343.75
0256599
AERO PRODUCTS CORPORATION
1999-02-04
862.61
0256600
ALPHA ACE HARDWARE
1999-02-04
12.11
0256601
APPLE INDUSTRIAL SUPPLY CO
1999-02-04
376.78
0256602
AT YOUR SERVICE
1999-02-04
408.00
0256603
AUTO SUPPLY CO OF VERO BEACH,
1999-02-04
332.00
0256604
AT EASE ARMY NAVY
1999-02-04
630.00
0256605
ASS PUMPS, INC
1999-02-04
6,706.05
0256606
ANCESTRY, INC
1999-02-04
76.00
0256607
AMERICAN BUSINESS INFORMATION
1999-02-04
625.00
0256608
ALL FLORIDA COFFEE & BOTTLED
1999-02-04
59.90
0256609
AMERICAN SIGMA, INC
1999-02-04
297.59
0256610
ARROWHEAD VERO BEACH HIGH
1999-02-04
95.00
0256611
A T & T WIRELESS SERVICES
1999-02-04
15.38
0256612
A T & T
1999-02-04
18.63
FEBRUARY 16, 1999
VOID
VOID
VOID
VOID
VOID
VOID
VOID
VOID
VOID
I
0
FEBRUARY 16, 1999
r
L --A
-5- BOOK 108 PAGE 33 in
CHECK
CHECK
CHECK
NAME
DATE
AMOUNT
NUMBER
0256613
AMERIGAS-FT PIERCE
1999-02-04
23.24
0256614
ASHWORTH INC
1999-02-04
236.93
0256615
ALL INDIAN RIVER FENCE CO
1999-02-04
140.00
0256616
ALL COUNTY EQUIPMENT COMPANY
1999-02-04
11.00
0256617
ANTHONY BAIL BONDS
1999-02-04
1,997.00
0256618
AUTO PARTS OF VERO, INC
1999-02-04
936.86
0256619
AVATAR UTILITY SERVICES, INC
1999-02-04
11,644.23
0256620
ARAMARK UNIFORM SERVICES
1999-02-04
25.50
0256621
APPERSON CHEMICALS,INC
1999-02-04
3,115.16
0256622
AMERICAN REPORTING
1999-02-04
67.00
0256623
ARCH PAGING
1999-02-04
143.49
0256624
ASSOCIATION OF EMS PROVIDERS
1999-02-04
80.00
0256625
ASSOCIATED PUBLISHERS
1999-02-04
55.88
0256626
A T & T
1999-02-04
28.63
0256627
AMERICAN WATER CHEMICALS, INC
1999-02-04
3,840.00
0256628
ALDAN ELECTRIC SUPPLY, INC
1999-02-04
1,704.29
0256629
A T C ASSOCIATES, INC.
1999-02-04
2,440.00
0256630
AMERICAN RED CROSS
1999-02-04
56.00
0256631
BOARD OF COUNTY COMMISSIONERS
1999-02-04
4,914.96
0256632
BETTER BUSINESS FORMS, INC
1999-02-04
506.82
0256633
BRUGNOLI, ROBERT J PHD
1999-02-04
500.00
0256634
BARTON, JEFFREY K -CLERK
1999-02-04
3,651.50
0256635
BERGGREN EQUIPMENT CO, INC
1999-02-04
47.50
0256636
BAKER & TAYLOR INC
1999-02-04
1,247.36
0256637
BRODART CO
1999-02-04
3,000.13
0256638
BRYANT, BILL & ASSOCIATES
1999-02-04
80.00
0256639
BOYNTON PUMP & IRRIGATION
1999-02-04
295.26
0256640
BETHEA, WANDA DR
1999-02-04
250.00
0256641
BELLSOUTH DIRECTORY SALES
1999-02-04
94.54
0256642
BERGAMINO, JOSEPH
1999-02-04
500.00
0256643
BOBCAT OF ORLANDO
1999-02-04
119.42
0256644
BLUE CROSS/BLUE SHIELD OF
1999-02-04
11,237.34
0256645
BULL'S EYE NEWS
1999-02-04
24.00
0256646
BMG
1999-02-04
6.38
0256647
BEAM, BETTY
1999-02-04
84.97
0256648
BELFORD, DENNIS
1999-02-04
17.69
0256649
BLACKBURN, COLE
1999-02-04
108.15
0256650
BEIDLER, HENRY
1999-02-04
1,739.34
0256651
BROOMELL, CLOUD
1999-02-04
116.65
0256652
DAVIS, BARBARA
1999-02-04
15.00
0256653
BETTER ROADS MAGAZINE
1999-02-04
50.00
0256654
BELLSOUTH
1999-02-04
206.86
0256655
CAMP, DRESSER & MCKEE, INC
1999-02-04
10,786.71
0256656
CENTRAL AUDIO & VISUAL, INC
1999-02-04
156.90
0256657
CHANDLER EQUIPMENT CO, INC
1999-02-04
95.64
0256658
COMMUNICATIONS INT'L INC
1999-02-04
2,946.72
0256659
CONSOLIDATED ELECTRIC SUPPLY
1999-02-04
69.30
0256660
CORBIN, SHIRLEY E
1999-02-04
59.50
0256661
CHEMSEARCH
1999-02-04
166.85
0256662
COX GIFFORD FUNERAL HOME
1999-02-04
300.00
0256663
CLEARFIELD COMPANY, INC
1999-02-04
123.55
0256664
CLINIC PHARMACY
1999-02-04
9.73
0256665
COPELAND, LINDA
1999-02-04
315.00
0256666
CROSS CREEK APPAREL, INC
1999-02-04
323.73
0256667
CLERK OF CIRCUIT COURT
1999-02-04
19.00
0256668
COMPUTYPE, INC
1999-02-04
1,062.80
0256669
COOGAN, MAUREEN
1999-02-04
387.28
0256670
CLEANNET USA
1999-02-04
20,537.72
0256671
C4 IMAGING SYSTEMS INC
1999-02-04
19.08
0256672
CLIFFORD, MIKE
1999-02-04
100.00
0256673
CORPORATION OF THE PRESIDENT
1999-02-04
113.75
0256674
COMFORT INN
1999-02-04
118.00
0256675
CENTER FOR EMOTIONAL AND
1999-02-04
264.00
0256676
COPYCO, INC
1999-02-04
3,803.00
0256677
COLUMBIA HOUSE
1999-02-04
32.93
0256678
CHEVRON
1999-02-04
8.02
0256679
CENTER FOR COUNSELING
1999-02-04
300.00
0256680
DAVES SPORTING GOODS
1999-02-04
301.86
0256681
DELTA SUPPLY CO
1999-02-04
220.75
0256682
DEMCO INC
1999-02-04
32.31
0256683
DICKERSON-FLORIDA, INC
1999-02-04
1,542.43
0256684
DIRECTOR, KENNETH L MD PA
1999-02-04
240.00
0256685
DOCTOR'S CLINIC
1999-02-04
231.00
0256686
DON SMITH'S PAINT STORE, INC
1999-02-04
120.62
0256687
DIVE RESCUE INT'L, INC
1999-02-04
618.76
0256688
DATA FLOW SYSTEMS, INC
1999-02-04
4,925.00
0256689
DILLARD, CASSIE
1999-02-04
15.45
0256690
DOCTORS' CLINIC
1999-02-04
216.00
0256691
DOWNTOWN VERO BEACH ASSOC.
1999-02-04
15,000.00
0256692
E -Z BREW COFFEE SERVICE, INC
1999-02-04
29.00
0256693
ERRETT, NANCY
1999-02-04
71.92
0256694
ESQUIRE REPORTING INC
1999-02-04
275.00
0256695
EVANS, FLOYD
1999-02-04
25.00
FEBRUARY 16, 1999
r
L --A
-5- BOOK 108 PAGE 33 in
rp-
BOOK 108 PAGE 340
CHECK
NAME
CHECK
CHECK
NUMBER _
DATE
AMOK
0256696
EMERGENCY MEDICINE ASSOCIATES
1999-02-04
49.00
0256697
ELPEX, INC
1999-02-04
304.31
0256698
ECKERD DRUG -CO
1999-02-04
57.29
0256699
EXCHANGE CLUB CASTLE
1999-02-04
2,704.70
0256700
THE EDUTAINMENT CATALOG
1999-02-04
76.80
0256701
FINNEY, DONALD'G
1999-02-04
38.28
0256702
FISHER SCIENTIFIC
1999-02-04
80.87
0256703
FLORIDA EAST COAST RAILWAY CO
1999-02-04
92.55
0256704
FLORIDA POWER & LIGHT COMPANY
1999-02-04
7,571.63
0256705
FLORIDA RURAL WATER
1999-02-04
50.00
0256706
FLORIDA DEPT OF REVENUE
1999-02-04
50.00
0256707
FAIRWINDS TRAVEL & TOURS
1999-02-04
191.00
0256708
FARM PLAN CORP
1999-02-04
17.85
0256709
FENIMORE, CHARLES
1999-02-04
180.00
0256710
FLORIDA AMATEUR
1999-02-04
170.00
0256711
FELLSMERE POLICE DEPARTMENT
1999-02-04
50.00
0256712
FLORIDA PROFESSIONALS IN
1999-02-04
25.00
0256713
FLORIDA LEAGUE OF CITIES, INC
1999-02-04
3,574.00
0256714
FLORIDA CLINICAL PRACTICE
1999-02-04
88.00
0256715
FIRSTLAB
1999-02-04
2,628.00
0256716
FITZPATRICK, THOMAS M, MD
1999-02-04
74.00
0256717
FIRST AMERICAN TITLE INSURANCE
1999-02-04
5,000.00
0256718
GALE GROUP, THE
1999-02-04
723.85
0256719
GAYLORD BROTHERS, INC
1999-02-04
60.35
0256720
GENEALOGICAL PUBLISHING
1999-02-04
106.16
0256721
GLIDDEN COMPANY, THE
1999-02-04
147.35
0256722
GRAYBAR ELECTRIC CO INC
1999-02-04
459.41
0256723
GROVE'S DICT OF MUSIC
1999-02-04
650.00
0256724
GRILL REFILL, INC
1999-02-04
168.00
0256725
GOLLNICK, PEGGY
1999-02-04
231.00
0256726
HARRIS SANITATION, INC
1999-02-04
22.00
0256727
HARRISON COMPANY, THE
1999-02-04
444.55
0256728
HELENA CHEMICAL CO
1999-02-04
418.00
0256729
HUNTER AUTO SUPPLIES
1999-02-04
1,282.90
0256730
HYATT REGENCY TAMPA
1999-02-04
206.00
0256731
HERITAGE BOOKS, INC
1999-02-04
129.00
0256732
HELD, PATRICIA BARGO
1999-02-04
493.50
0256733
HACH COMPANY
1999-02-04
231.00
0256734
HARBOR BRANCH OCEANOGRAPHIC
1999-02-04
3,163.00
0256735
HAILE DEAN SEED CO
1999-02-04
5.58
0256736
HARTSFIELD, CELESTE L
1999-02-04
439.50
0256737
HANSON ENGINEERS, INC.
1999-02-04
2,135.88
0256738
HOLSHOUSER, MICHAEL
1999-02-04
84.00
0256739
HASENQUER, KRIS
1999-02-04
40.50
0256740
HANSEN, SUSAN
1999-02-04
162.40
0256741
HAMMOND KITCHEN & BATHS, INC.
1999-02-04
2,995.00
0256742
HENRY, HANK
1999-02-04
30.00
0256743
HOLIDAY INN
1999-02-04
75.00
0256744
INDIAN RIVER COUNTY
1999-02-04
4,050.00
0256745
INDIAN RIVER COUNTY SOLID
1999-02-04
6,804.25
0256746
INDIAN RIVER BATTERY, INC
1999-02-04
360.00
0256747
INDIAN RIVER COUNTY
1999-02-04
680.00
0256748
INDIAN RIVER COUNTY UTILITY
1999-02-04
3,235.29
0256749
INDIAN RIVER OXYGEN, INC
1999-02-04
267.50
0256750
INGRAM LIBRARY SERVICES
1999-02-04
183.53
0256751
INFORMATION ACCESS CO
1999-02-04
800.00
0256752
INDIAN RIVER MEMORIAL HOSPITAL
1999-02-04
342.75
0256753
IBM CORPORATION
1999-02-04
624.16
0256754
IRC EMPLOYEE HEALTH INSURANCE_
1999-02-04
103,556.99
0256755
IRON OFFICE SOLUTIONS
1999-02-04
678.09
0256756
INDIAN RIVER COUNTY SHERIFF'S
1999-02-04
300.00
0256757
INDIAN RIVER HAND
1999-02-04
323.10
0256758
JAMES PUBLISHING, INC
1999-02-04
69.94
0256759
JUDGE, JAMES A II
1999-02-04
110.92
0256760
JR REPORTING ASSOCIATES, INC
1999-02-04
44.00
0256761
JONES, GLENN H, DC
1999-02-04
350.00
0256762
JENKINS, MYLES
1999-02-04
30.00
0256763
JONES CHEMICALS, INC
1999-02-04
3,193.00
0256764
KEATING, ROBERT M
1999-02-04
66.50
0256765
KOMARINETZ, ROBERT
1999-02-04
322.16
0256766
KELLY TRACTOR CO
1999-02-04
433.28
0256767
KARL, JAMES W
1999-02-04
6.00
0256768
KT MOWER & EQUIPMENT
1999-02-04
169.57
0256769
KNIGHT MCQUIRE & ASSOCIATES
1999-02-04
80.00
0256770
LAB SAFETY SUPPLY, INC
1999-02-04
51.59
0256771
I TREE SERVICE, INC
1999-02-04
850.00
0256772
LANDRUM, GREGORY C PSY D
1999-02-04
450.00
0256773
LIGHT SOURCE BUSINESS SYSTEMS
1999-02-04
2,114.09
0256774
LFI VERO BEACH, INC
1999-02-04
5,826.46
0256775
LOPRESTI, ETTA
1999-02-04
139.90
0256776
0256777
LESCO, INC
1999-02-04
134.95
0256778LETTIERE,
LIBRARY STORE
DOMINIC
1999-02-04
27.60
J CPA
1999-02-04
2,900.00
FEBRUARY 16, 1999
0
CHECK
NAME
HUMBER
AMOUNT
0256779
LAND AMERICA COMMONWEALTH
0256780
LUNA, JORGE
0256781
MACMILLAN OIL COMPANY
0256782
MAXWELL PLUMBING, INC
0256783
MCCOLLUM, NATHAN
0256784
MIKES GARAGE
0256785
MARTINS LAMAR UNIFORMS
0256786
MORA, RALPH PHD
0256787
MAC PAPERS, INC
0256788
MEDICAL RECORD SERVICES, INC
0256789
MORNINGSTAR, INC
0256790
MODERNAGE
0256791
MASI, JOSEPH ESQ
0256792
MACHO PRODUCTS, INC
0256793
MCDADE WATERWORKS, INC
0256794
MIAMI AUTO VISUAL COMPANY
0256795
MURRAY, HELEN LMHC
0256796
MATHIS, ETHEL L
0256797
MAGNETHERAPY, INC
0256798
MAIN STREET HARDWARE, INC
0256799
M E SHARPE, INC
0256800
MGB CONSTRUCTION INC
0256801
MOSS, ROGER
0256802
MOSS, MARY
0256803
MAX DAVIS ASSOCIATES INC
0256804
MOSBY INC
0256805
MARKS, NEVILLE S, MD
0256806
MAXWELL, DANIEL
0256807
NATIONWIDE ADVERTISING
0256808
NEW READERS PRESS
0256809
NORTH SOUTH SUPPLY
0256810
NAMAR COMMUNICATIONS
0256811
NAPIER, WILLIAM MATT
0256812
NOCUTS, INC
0256813
NEELY, EMILY
0256814
OFFICE PRODUCTS & SERVICE
0256815
ORYX PRESS
0256816
OMNIGRAPHICS, INC
0256817
OSCEOLA PHARMACY
0256818
O'NEIL, LEE & WEST
0256819
OAKSTONE LEGAL & BUSINESS
0256820
PETTY CASH
0256821
PROFESSIONAL TITLE OF
0256822
PORT PETROLEUM, INC
0256823 PUBLIX
0256824 POLK
0256825 PERCONTI DATA SYSTEMS, INC
0256826 PRESS JOURNAL
0256827 PAGE, LIVINGSTON
0256828 PINEWOODS ANIMAL HOSPITAL
0256829 PANGBURN, TERRI
0256830 PRAXAIR DISTRIBUTION
0256831 PROMEDIX CORP
0256832 PARKER, DEBBIE
0256833 POPE, DELORES C
0256834 PARISIEN, KIM
0256835 PIATT, RUDY
0256836 QUALITY COPY ACQUISITION CORP
0256837 RELIABLE WELL DRILLING
0256838 RIFKIN, SHELDON H PED
0256839 ROSELAND VOLUNTEER FIRE DEPT
0256840 RICHMOND HYDRAULICS INC
0256841 ROBERTS & REYNOLDS PA
0256842 RANGER CONSTRUCTION IND, INC
0256843 RUBBER STAMP EXPRESS & MORE
0256844 ROMO, ERNESTO
0256845 SEBASTIAN VOLUNTEER FIRE DEPT
0256846 SEITNER SALES
0256847 SEWELL HARDWARE CO, INC
0256848 SKISCIM'S CAMERA STORE
0256849 SOUTHERN ELECTRIC SUPPLY
0256850 SOUTHSIDE ANIMAL HOSPITAL
0256851 SERVICE REFRIGERATION CO, INC
0256852 SIMON & SCHUSTER
0256853 SCHOMMER, ALAN R
0256854 SHADY OAK ANIMAL CLINIC
0256855 SOUTHERN SEWER EQUIPMENT SALES
0256856 SHEPARD'S
0256857 SUBSTANCE ABUSE COUNCIL
0256858 SALEM PRESS, INC
0256859 SHELDON, JAMES
0256860 SNOBERGER, RUTH ANN
0256861 SKALA, ERIC
0256862 SUNSHINE STATE ONE CALL
0256863 SHIELDS, VANESSA
FEBRUARY 16, 1999
-7-
0
CHECK
CHECK
DATE
AMOUNT
1999-02-04
4,911.00
1999-02-04
48.92
1999-02-04
;.69.82
1999-02-04
19.98
1999-02-04
140.64
1999-02-04
1,928.32
1999-02-04
3,296.89
1999-02-04
500.00
1999-02-04
59.75
1999-02-04
291.70
1999-02-04
464.95
1999-02-04
4,600.02
1999-02-04
383.50
1999-02-04
238.30
1999-02-04
12,228.93
1999-02-04
384.03
1999-02-04
80.00
1999-02-04
800.00
1999-02-04
169.00
1999-02-04
7.80
1999-02-04
153.70
1999-02-04
500.00
1999-02-04
100.42
1999-02-04
84.97
1999-02-04
164.09
1999-02-04
35.52
1999-02-04
3,300.00
1999-02-04
69.52
1999-02-04
1,498.97
1999-02-04
313.72
1999-02-04
31.38
1999-02-04
55.00
1999-02-04
32.19
1999-02-04
59.10
1999-02-04
16.73
1999-02-04
1,561.96
1999-02-04
141.08
1999-02-04
425.30
1999-02-04
36.25
1999-02-04
8,785.77
1999-02-04
270.75
1999-02-04
28.20
1999-02-04
15,000.00
1999-02-04
452.56
1999-02-04
30.00
1999-02-04
197.50
1999-02-04
10.00
1999-02-04
361.50
1999-02-04
210.00
1999-02-04
15.00
1999-02-04
24.00
1999-02-04
68.25
1999-02-04
3,856.26
1999-02-04
95.27
1999-02-04
2,829.70
1999-02-04
25.00
1999-02-04
30.00
1999-02-04
31.15
1999-02-04
1,050.00
1999-02-04
600.00
1999-02-04
18.00
1999-02-04
243.47
1999-02-04
5,989.21
1999-02-04
177.39
1999-02-04
65.50
1999-02-04
600.00
1999-02-04
39.00
1999-02-04
53.00
1999-02-04
674.94
1999-02-04
60.00
1999-02-04
135.91
1999-02-04
184.00
1999-02-04
593.00
1999-02-04
173.64
1999-02-04
1,000.00
1999-02-04
36.50
1999-02-04
382.71
1999-02-04
1,674.20
1999-02-04
4,367.72
1999-02-04
449.75
1999-02-04
679.96
1999-02-04
98.82
1999-02-04
61.80
1999-02-04
404.77
1999-02-04
50.21
BOOK 108 FAGE3
BOOK J08 FmA42
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0256864
SCHWEY, PAUL MATTHEW
1999-02-04
27.00
0256865
SHELL FLEET CARD
1999-02-04
48.58
0256866
SPENCO MEDICAL CORP
1999-02-04
70.48
0256867
SEBASTIAN POWER CENTER RENTAL
1999-02-04
703.96
0256868
STEWART, SARAH LYNN
1999-02-04
57.93
0256869
SOUTHWESTERN SUPPLIERS INC
1999-02-04
218,322.91
0256870
STUDSTILL, MICHAEL & SANDRA
1999-02-04
500.00
0256871
TITLEIST DRAWER
1999-02-04
554.88
0256872
TREASURE COAST REFUSE CORP
1999-02-04
318.50
0256873
THOMSON FINANICAL PUBLICATION
1999-02-04
354.50
0256874
TIPPIN, JOHN W
1999-02-04
44.25
0256875
TRI -COUNTY CONCRETE PRODUCTS
1999-02-04
235.00
0256876
TRESCO PUBLISHING
1999-02-04
14.95
0256877
TABAR, JEFFREY
1999-02-04
172.87
0256878
TRANSIT AIR CONDITIONING
1999-02-04
466.21
0256879
T C BILLING CORPORATION
1999-02-04
12,067.51
0256880
T A W
1999-02-04
1,796.60
0256881
TRUELINE GOLF INC
1999-02-04
67.32
0256882
TROUBADOUR INTERACTIVE
1999-02-04
37.95
0256883
TREASURE COAST JEWELRY
1999-02-04
425.20
0256884
T J MAXX
1999-02-04
149.95
0256885
TROPIFLORA
1999-02-04
189.58
0256886
US FILTER DISTRIBUTION GROUP
1999-02-04
39,242.24
0256887
UNIPSYCH BENEFITS OF FL,INC
1999-02-04
2,111.40
0256888
VELDE FORD, INC
1999-02-04
1,491.25
0256889
VERO BEACH VOLUNTEER FIRE
1999-02-04
44.00
0256890
VERO BEACH, CITY OF
1999-02-04
3,392.12
0256891
VERO BEACH, CITY OF
1999-02-04
170,000.00
0256892
VERO CHEMICAL DISTRIBUTORS,INC
1999-02-04
520.67
0256893
VERO BEACH, CITY OF
1999-02-04
117.09
0256894
VERO FURNITURE MART, INC
1999-02-04
139.00
0256895
VERO BEACH POLICE DEPARTMENT
1999-02-04
173.00
0256896
VERO LAKE ESTATES VOLUNTEER
1999-02-04
21.00
0256897
VERO BEARING & BOLT
1999-02-04
290.83
0256898
VOLUNTEER ACTION CENTER
1999-02-04
50.00
0256899
VOORHEES, DONALD
1999-02-04
500.00
0256900
VICKERS, REGINALD
1999-02-04
210.00
0256901
WALGREENS PHARMACY
1999-02-04
913.88
0256902
WEST PUBLISHING PAYMENT CENTER
1999-02-04
216.00
0256903
WRIGHT, DOUGLAS M
1999-02-04
95.92
0256904
WRITER'S DIGEST BOOKS
1999-02-04
145.31
0256905
W W GRAINGER, INC
1999-02-04
226.95
0256906
WILLHOFF, PATSY
1999-02-04
130.00
0256907
WILLIAMS, BETTY R, RN
1999-02-04
223.00
0256908
WEST GROUP PAYMENT CTR
1999-02-04
8,617.22
0256909
WOLFE, ERIN
1999-02-04
33.47
0256910
ZEPHYRHILLS NATURAL SPRING
1999-02-04
11.00
0256911
TRIPP, WILBUR
1999-02-04
494.00
FEBRUARY 16, 1999
-8-
1,326,240.22
I
•
•
7 G PROCLAMATION DESIGNATING MARCH 4-6, 1999 AS "MENTALLY
HANDICAPPED WEEK"
The Board reviewed the following Proclamation:
-�111111q� � I I � to
6".-4 J�N VA 11- -10
WHEREAS, the Knights of Columbus, Vero Beach Council 5629, will
be conducting its 31st annual Tootsie Roll Drive to help the
handicapped and mentally retarded citizens March 4 through March 6,
1999; and
WHEREAS, the proceeds from the donations will be used by the
Knights of Columbus for local programs and activities such as the
mentally retarded workshop and special olympics program; and
WHEREAS, on a nationwide basis, the Knights of Columbus Councils
will be conducting similar events during the same time span; and
WHEREAS, with the help of many friends and local organizations
who have volunteered to assist the Knights of Columbus in this year's
endeavor, it is anticipated that the proceeds generated will be far in
excess of last year's total; and
WHEREAS, it is altogether fitting and proper to officially
recognize this worthy cause, and to help create a public awareness and
appreciation for all those who will be "aproned and canistered" on
March 4 through March 6; 1999 and most of all, for all those who will
contribute what they can from their hearts and pockets to assist the
mentally handicapped:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that March 4 through
March 6, 1999 be officially observed as
MENTALLY HANDICAPPED WEEK
in Indian River County, and that special recognition be given to the
dates of March 4 through March 6, 1999 in support of this worthwhile
endeavor.
Adopted this 16 day of February, 1999.
FEBRUARY 16, 1999
BOARD OF COUNTY COMMISSIONERS
OF INDI RIVER COUNTY, FLORIDA
i
Kanneth R. Macht, hairman
-9 BOOK I FAGE8�
BOOK 103 FAGE 344
7.D. OUT -OF -COUNTY TRAVEL - COMMISSIONER STANBRIDGE -LAND USE
DECISIONS SEMINAR - TALLAHASSEE, FL - MARCH 25, 1999
The Board reviewed the following:
(:AC.")
Why You Should Attend
ti To understand the history of land use
planning in Florida and how we got to
where we are today
0 To discuss the current hot topics in
comprehensive planning such as
property rights and Florida's housing
programs
a To interact and exchange information
and ideas with your peers and experts
in the field
Who Should Attend
.� Veteran and newly elected County
Commissioners
,0 Commissioners participating in the
County CpMmissioners Voluntary
Certification Program
+ County Officials and Professional Staff
Fee
The fee for this worksWP is $90. This
includes morning Aad afternoon
refreshments, lunch and all m3fbtlt? .
M
Agenda
The workshop will begin at 10:00 a.m. and
continue until 4:00 p.m. (Registration begins
at 9:30 a.m.)
Review of Planning History in Florida:
How We Got to Where We Are Today
Current Hot Topics
Property Rights
Florida Housing Programs
Lunch with Keynote Speaker
Hotel Information
DoubleTree Hotel
101 South Adams Street
Tallahassee, Florida
PH: 850/224-5000
Special room rate: $109.00 SID per
night. To receive this special rate.
reservations must be made by
February 23.
Tax Exempt Status:
To qualify for tax-exempt status, please
supply the hotel with a copy of your county
tax-exempt certificate with . your
reservation form. The account must be
paid in full with either a county credit card
or check. (A personal check or credit card
to be reimbursed by your county DOES
NOT qualify for tax-exempt status.)
A
Registration Information
Advance Registration is Required.
Land Use Decisions
March 25,1999
Name
Title QLa fvey Cant or js sio N &,n
County SND1#A) RiyC2
Address 19 V0 air— ST.
City div A,0 B6R40
State, Zip 6t, V'R960
Phones6i-s FAX46i-77o—.fss#
x 90
0 Payment enclosed
13 Bill Small County Technical
Assistance Services (SCTAS)
Please make check payable to:
Florida Counties Foundation
P.O. Box 549
Tallahassee, Florida 32302
Phone: 850/922-4300
FAX. 850/488-7752
(Cancelations must be received in writing 5
days prior to each workshop. A $25
processing fee will be charged for any refund
request.)
A confirmation letter and directions to the
workshop site will be sent upon receipt of
registration form.
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Ginn, the Board
unanimously approved out -of -county travel for
Commissioner Ruth Stanbridge to attend the Land
Use Decisions Seminar in Tallahassee on March 25,
1999.
FEBRUARY 16, 1999
-10-
0 0
•
ZE. SHERIFF WHEELER -SURETY BOND
The Board reviewed a Memorandum of February 9, 1999:
To: Board of County Commissioners
From: Alice E. White, Executive Aide
Date: February 9, 1999
Subject: Surety Bond for Sheriff Wheeler
As you will recall, the Board voted to require three of the Constitutional Officers
to post a $100,000 surety bond, and I have been advised by the County
Attorney that the Board will be required to pay it.
Karl Zimmermann is already bonded for $100,000. Sheriff Wheeler has had
his bond increased, and is requesting the Board of County Commissioners to
approve said bond and pay the amount of $765.00.
The increased cost for Jeff Barton, Clerk of Court, has not been received as of
this date.
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Ginn, the Board
unanimously approved Sheriff Wheeler's $100,000
surety bond and payment of the additional cost of
$765.00, as recommended by staff.
SURETY BOND IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
FEBRUARY 16, 1999
•
-11- BOOK �t� PAGE -345
BOOK 108 PAGE -346
7.F. BID #9439 - CHERRYWOOD E.4TATEs WATER A.SsEs.SmENT PROJECT -
DRIVEWAYS. ING
The Board reviewed a Memorandum of February 5, 1999:
DATE: February 5, 1999
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
FROM: Fran Boynton -Powell, Purchasing Manager
SUBJECT: Bid Award: IRC Bid #9039
Construction Of Cherrywood Estates Water Assessment Project
Utilities Department
BACKGROUND INFORMATION
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
"No Bid" Response:
VENDOR
Driveways Inc.
Titusville, Fl
Treasure Coast Contracting Inc.
Vero Beach, Fl
Hutchinson Utilities
Stuart, Fl
TOTAL AMOUNT OF BID
ESTIMATED BUDGET
SOURCE OF FUNDS
February 2, 1999
January 6, & 13, 1999
Twenty five - (25) Vendors
Three (3) Vendors
None
$40,948.94
$42,190.50
$44,917.00
$40,948.94
$63,000.00
Work In Progress — Cherrywood Estates WM
473-000-169-352-00
Staff recommends that the bid be awarded to Driveways Inc.. as the lowest most responsive and responsible
bidder, meeting specifications as set forth in the Invitation to Bid. (See attached Department memo.)
In addition, staff requests authorization for the Chairman to execute the original contract document when the
attached sample contract has been reviewed and approved as to form by the County Attorney.
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Ginn, the Board
unanimously awarded Bid #9039 to Driveways, Inc.
in the amount of $40,948.94, as recommended by
staff.
BID DOCUMENTS WILL BE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
FEBRUARY 16, 1999
0
Z G. MISCELLANEOUS BUDGETAMENDMENT #008
The Board reviewed a Memorandum of February 10, 1999:
TO: Members of the Board
of County Commissioners
DATE: February 10, 1999
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 008
CONSENT AGENDA
THROUGH: Joseph A. Baird
OMB Director
i
FROM: Jason E. Brown
Budget Analyst J
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. On December 15, 1998, the `Board of Commissioners approved certain capital and
operating expenditures to be funded by the Emergency Management, Preparedness and
Assistance Grant. The attached entry appropriates funding.
2. Dune restoration is needed on an emergency basis at several county parks, including
Golden Sands, Wabasso, and Treasure Shores. Funding will come from the M.S.T.U.
reserve for contingencies.
3. The Youth Volunteer Corps ofAmericaprovided workers for the Recreation Department
for fiscal year 1997/98, but did not invoice the County until recently. The attached entry
appropriates funding.
4. Accounting changes require that we treat the commission paid on ALS billing differently
than in the past. The attached entry makes the necessary adjustments for this change.
5. The Sheriffs Department will receive additional revenue for housing prisoners from
outside the county. The additional prisoners will increase operating expenses in the
corrections budget by $35,826. The attached entry appropriates funding. (Attached is
a letter from the Sheriff regarding this item.)
6. The State of Florida Department of Labor has charged Indian River County for
unemployment compensation payments to former employees of the county. A budget
amendment is necessary to allow for these charges. (A memo from Personnel Director,
Ron Baker is enclosed)
7. The Indian River County Historical Society constructed a historic marker for $1,400
intended for completion last fiscal year. The project wasn't concluded until this year.
The Historical Society did not expend $1,200 of their allocated budget from the County
in FY 97/98 for this reason. It has been requested that the County reimburse IRCHS for
the cost of the sign this year. Funding will be provided by Tourist Development Fund
cash forward revenues and donations to the Historical Society.
8. On November 3, 1998, the Board of Commissioners approved proceeding with Phase II
of the County's fiber optic cable network at a cost of $160,000. Funding will come from
the remaining One Cent Sales Tax reserve for contingencies of $138,721 along with
$21,279 in increased interest revenues.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment.
FEBRUARY 16, 1999
•
-13-
BOY JOB PAGE 347
BOOK 108 PAGE 48
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Ginn, the Board
unanimously approved Miscellaneous Budget
Amendment #008, as recommended by staff.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird,—
OMB Director
BUDGET AMENDMENT: 008
DATE: February 16. 1999
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUES
GENERAL FUND/ Emergency Management
Preparedness & Assistance Base Grant
001-000-342-042.00
$22,000
$0
EXPENSES
GENERAL FUND/ Emergency Management Base
Grant/ EDP Equipment
001-238-525-066.47
$5,000
$0
GENERAL FUND/ Emergency Management Base
Grant/ Communications Equipment
001-238-525-066.45
$15,000
$0
GENERAL FUND/ Emergency Management Base
Grant/ Uniforms and Clothing
001-238-525-035.24
$2,000
$0
2.
EXPENSES
MUNICIPAL SERVICES TAXING UNIT/
Parks/ Maintenance -Dunes
004210-572-034.75
$65,000
$0
MUNICIPAL SERVICES TAXING UNIT/ Reserve
for Contingency
004199-581-099.91
$0
$65,000
3.
EXPENSES
GENERAL FUND/ Recreation/ Other Professional
Services
001-108-572-033.19
$4,550
$0
GENERAL FUND/ Reserve for Contingencies
001-199-581-099.91
$0
$4,550
4.
REVENUES
EMERGENCY SERVICES DISTRICT/ Advanced
Life Support Charges
114-000-342-061.00
$95,000
$0
EXPENSES
EMERGENCY SERVICES DISTRICT/ Advanced
Life Support/ Other Professional Services
114253-526-033.19
$95,000
$0
5.
REVENUES
GENERAL FUND/ Sheriff/ Broward County
Prisoner Revenue
001-000-341-057.00
$35,826
$0
EXPENSES
GENERAL FUND/ Sheriff/ Detention Center
001-600-586-099.14
$35,826
50
FEBRUARY 16, 1999
•
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director l�
BUDGET AMENDMENT: 008
DATE: February 16. 1999
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
6.
REVENUES
COUNTY UTILITIES/ Cash Forward Revenues
471-000-389-040.00
$860
$0
EXPENSES
COUNTY UTILITIES/ Water Services/
Unemployment Compensation
471-219-536412.15
$860
$0
7.
REVENUES
TOURIST DEVELOPMENT FUND/ Contributions
& Donations
119-000-366-090.00
$200
$0
TOURIST DEVELOPMENT FUND/ Cash Forward
Revenue
119-000-389-040.00
$1,200
$0
EXPENSES
TOURIST DEVELOPMENT FUND/ I.R.C.
Historical Society
119-145-572-088.91
$1,400
$0
8.
REVENUES
OPTIONAL ONE CENT SALES TAX/ Interest
Earnings
315-000-361-015.00
$21.279
$0
EXPENSES
OPTIONAL ONE CENT SALES TAX/ Building &
Grounds/ Communications Equipment
315-220-519-066.45
$160,000
$0
OPTIONAL ONE CENT SALES TAX/ Reserve for
Contingencies
315-199-581-099.91
$0
$138,721
FEBRUARY 16, 1999
-15-
•
BOOKIU8 3491
BOOK 108 PAGE 35-
7.H. MAIN LIBRARY COPIExy - FRIENDS OF THE LIBRARY LEASE
AGREEMENT WITH COMMERCIAL EQUIPMENT LEASING - TRANSFER TO
COUNTY
The Board reviewed a Memorandum of February 10, 1999:
TO: Members of the Board
of County Commissioners
DATE: February 10, 1999
SUBJECT: CHANGE IN NAME ON LEASE AGREEMENT FOR COPIERS AT THE
MAIN LIBRARY - CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director (�
DESCRIPTION AND CONDITIONS
In the past, the Friends of the Library has leased five (5) copiers for the Main Library in the Friends
name. Recently the Department of Revenue has issued a ruling that the leases would no longer be
tax-exempt unless they were in the County's name and paid for by the County.
This Wiling has required us to put the leases in Indian River County's name and make the payment.
The Friends of the Library will receive the revenue from the copiers and will donate the amount of
the lease payment to the Board of County Commissioners. The document in front of the Board of
County Commissioners today is to change the lease name on the copiers from the Friends of the
Library to Indian River County.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the Chairman to sign all
documents to change the lease for the copiers at the Man Library from the Friends of the Library to
Indian River County.
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Ginn, the Board
unanimously approved the transfer from Friends of
Vero Beach Public Library to the County of the
Transfer and Assumption Agreement with
Commercial Equipment Leasing for the copiers
located at the Main Library, as recommended by
staff.
LEASE DOCUMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
FEBRUARY 16, 1999
r�
U
I -I
L J
ZL ARTICLE V TRUST FUND GRANT-IN-AID AGREEMENT - OFFICE OF
STATE COURTSADMINISTRATOR (OSCA) -COURT COSTS
The Board reviewed a Memorandum of February 10, 1999:
TO: Members of the Board
of County Commissioners
THROUGH: Joseph A. Baird DATE: February 10, 1999
Budget Director
FROM: Jason E. Brown
Budget Analyst C)�
SUBJECT: GRANT AGREEMENT FOR ARTICLE V TRUST FUND GRANT-IN-AID
BACKGROUND AND ANALYSIS
During the 1997 legislative session, the state congress passed HB 1319 which created the County
Article V Trust Fund. The trust fund was -created to provide compensation to counties for certain
court costs, including court reporting and transcribing costs, expert witness fees, and costs incurred
for the appointment of special public defenders in criminal cases. Five percent of all civil penalties
collected by county courts in State fiscal year 1998/99 will be deposited into the Article V Trust
Fund for distribution to the counties through grants-in-aid. This percentage is to increase in
subsequent years up to 20.6% in FY 2001/02.
Indian River County has been awarded a grant-in-aid in the amount of $11,804 under the Article V
Trust Fund for this year. In consultation with the chief judge of the Nineteenth Judicial Circuit, staff
has developed a spending plan for these funds. Under the plan, Indian River County will receive
funding for special public defender costs and expert witness fees. The grant monies are to be
distributed in advance through three disbursements prior to July 31, 1999. No matching funds or
expenditures by the County are required as conditions of the grant.
Attached is the proposed grant-in-aid agreement between the County and the Office of the State
Courts Administrator, who will administer the grant. In order to obtain the funds, the county must
return the sign agreement, along with the spending plan approved by the chief judge of the circuit
no later than February 19, 1999. The spending plan has been approved by Judge Paul B. Kanarek,
and is enclosed for your review.
RECOMMENDATION
Staff recommends that the Board of Commissioners approve the grant and authorize the Chairman
to sign the agreement along with the attached letter approving the spending plan.
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Ginn, the Board
unanimously approved the grant and authorized the
Chairman to sign the Grant -In -Aid Agreement with
Florida Supreme Court, Office of the State Courts
Administrator, as well as the letter approving the
spending plan, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
FEBRUARY 16, 1999
OF THE CLERK TO THE BOARD
-17- BOOK 108 FAGE..51
Ll
BOOK .1.08 PAGE 35
7.J. PAYMENTS TO VENDORS OF COURT -RELATED COSTS
The Board reviewed a Memorandum of February 5, 1999:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attomey�M,
DATE: February 5, 1999
SUBJECT: Payments to Vendors of Court Related Costs
The Office of the County Attorney has processed and approved payment to the following vendors
for the weeks of February 1, 1999. Listed below are the vendors names and the amount of each
court related costs.
Kevin Murphy
Witness Management
27.84
Lenora J. Mergler
Transcription
227.50
Lenora J. Mergler
Transcription
28.00
Linda R. Phillips
Transcription
143.50
Linda R. Phillips
Transcription
147.00
Linda R. Phillips
Transcription
147.00
James G. Harpring, Esq.
Legal Services
595.00
Medical Record Services, Inc.
Record Research
8.55
Marsha Stiller/Martin Co. Clerk
Record Research
4.00
Peggy Gollnick
Transcription
35.00
Sheila 1. Flinn
Transcription
63.00
Peggy Golinick
Transcription
203.00
Peggy Golinick
Transcription
21.00
Lenora J. Mergler
Transcription
17.50
Celeste L. Hartsfield
Transcription
112.00
Shirley E. Corbin
Transcription
185.50
Medical Record Services, Inc.
Transcription
60.62
Sheldon H. Rifkin, Ph.D.
Clinical Evaluation/Expert Witness
625.00
Sheldon H. Rikin, Ph.D.
Clinical Evaluation/Expert Witness
1,275.00
Esquire Reporting, Inc.
Court Reporter
25.00
Pat B. Held
Transcription
332.50
Federal Express
Ovemight mail
17.50
Celeste L. Hartsfield
Transcription
49.00
Patricia W. Key
Transcription
98.00
Patricia W. Key
Transcription
70.00
Patricia W. Key
Transcription
35.00
Celeste L. Hartsfield
Transcription
59.50
Peggy Gollnick
Transcription
84.00
Peggy Gollnick
Transcription
38.50
Peggy Golinick
Transcription
241.50
Shirley E. Corbin
Transcription
28.00
Linda R. Phillips
Transcription
91.00
Linda R. Phillips
Transcription
105.00
Pat B. Held
Transcription
182.00
Total
TPO/sw _
Judge Kanarek AGcC:DA
J _ter
CCu- Y ATTORNEY
NO ACTION REQUIRED OR TAKEN.
FEBRUARY 16, 1999
-18-
0 0
•
9.A.1. PUBLIC HEARING- COMMUNITY BAPTIST CHURCH -
SPECIAL EXCEPTION USE APPROVAL FOR BUILDING
ADDITION TO AN EXISTING PLACE OF WORSHIP
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Board reviewed a Memorandum of February 3, 1999:
TO: James Chandler
County Administrator
D N HEAD CONCURRENCE:
U/
Robert M. Keating, AICP
Community Developmentireeb
/J.6.
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blade
Staff Planner, Current Development
DATE: February 3, 1999
SUBJECT: Community Baptist Church's Request for Special Exception Use Approval for a
Building Addition to an Existing Place of Worship
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of February 16, 1999.
Reverend Ron Barber, on behalf of the Community Baptist Church, has submitted a request for
special exception use approval to add a 704 sq. ft. modular building to the site of an existing place
of worship. The subject site is located at 12534 Roseland Road and is zoned RS -3 (Single Family
Residential up to 3 units per acre). The proposed modular building will be utilized for Sunday school
classrooms.
Within the RS -3 zoning district, places of worship require special exception use approval and
conformance with LDR section 971.28(1). The existing facilities were approved years ago via the
special exception process. Because the proposed modular building addition represents an expansion
of more than 10% of the existing place of worship, special exception use approval through the public
hearing process is required
At its regular meeting of January 14, 1999, the Planning and Zoning Commission voted (7-0) to
recommend that the Board of County Commissioners grant the special exception use request with
the conditions stated at the end of this report. The Board is now to grant approval, approval with
conditions, or deny the special exception use request. Pursuant to section 971.05 of the LDRs, the
Board is to consider the appropriateness of the requested use for the subject site and the surrounding
area. The Board may attach any conditions and safeguards necessary to mitigate impacts and to
ensure compatibility of the use with the surrounding areas.
Staff has reviewed the administrative approval site plan application submitted in conjunction with
the special exception use request and has granted site plan approval subject to Board approval of
the special exception use request. Therefore, the site plan approval -will become effective if and
when the Board grants special exception approval.
FEBRUARY 16, 1999
•
-19- BOOK 108 PAGE -3113-13"
BOOK 103 PAGE -3 'a
ANALYSIS:
1. Zoning Classification: RS -3, Single Family Residential (up to 3 units per acre)
2. Land Use Designation: L-2, Low Density (up to 6 units per acre)
3. Surrounding Land Use and Zoning:
North: Single Family Residential/RS-3
South: Single Family Residential/RS-3
East: Sebastian City Limits, Vacant/IN (Industrial)
West: Roseland Road/RS-1
Note: The City of Sebastian has been notified of the request and has not forwarded to county
planning staff any comments or objections to the proposal.
4. Building Area: The proposed addition is a 704 sq. & modular building to be located in the
northeast portion of the site (see attachment #3). It should be noted that this will be the only
modular building on site. All' other structures are "site built". Modular buildings are
permitted, provided that the structure is constructed by a state certified manufacturer.
Therefore, prior to the issuance of a building permit to locate the structure on the site, the
applicant must document that the structure was constructed by a manufacturer certified by
the State of Florida, or submit construction plans in compliance with the Standard Building
Code for a site built structure.
5. Total Impervious Surface Area: Other than the 704 square foot area of the proposed
building, no additional parking or impervious walkways are required, and none are proposed.
6. Traffic Circulation: No new driveway improvements are required to accommodate the
proposed building, and none are proposed. Site access and on-site traffic circulation have
been approved by the County Traffic Engineer.
7. Off -Street Parking: Required: 46 paved parking spaces
Provided: 54 paved parking spaces (existing, paved)
8. Stormwater Management: The stormwater management plan has been approved by the
Public Works Department.
9. Landscaping Plan: The landscaping plan is in accordance with Chapters 926 and 971 of
the land development regulations. Special buffering (Type "C" buffers) exists on site for the
existing facilities. No additional buffering is required, and none is proposed
10. Utilities: County water and wastewater are available to the site. The site is currently
connected to county water service. However, due to the low demand of the proposed project
(no additional bathroom facilities are needed), connection to county wastewater service is
not required at this time. Utilities Services and the county Environmental Health Department
have no objections to approval of the proposed site plan.
11. Specific Land Use Criteria: The application must satisfy the following specific land use
criteria which apply to a place of worship proposed in the RS -3 zoning district:
a. No building or structure shall be located closer than thirty (30) feet to any property
line abutting a residential use or residentially designated property;
Note: The proposed modular building will be located no closer than 33' to any perimeter
boundary.
FEBRUARY 16, 1999
-20-
•
b. Access shall be from a major thoroughfare unless otherwise approved by the Public
Works Department;
Note: The existing access is from a major thoroughfare (Roseland Road), and has been
approved by Public Works.
C. Any accessory residential use, day care facility or school upon the premises shall
provide such additional lot area as required for such use by this section and shall
further be subject to all conditions set forth by the reviewing procedures and
standards for that particular use. Accessory residential uses may include convents,
monasteries, rectories or parsonages as required by these regulations;
Note: Not applicable, since no such accessory uses are proposed.
d. A Type "C" buffer shall be provided along all property boundaries where the facility
is located adjacent to a single-family residentially zoned property. A Type "D" buffer
shall be provided along all property boundaries where the facility is located adjacent
to a multiple -family residentially zoned property or agriculturally zoned property
having a residential land use designation.
1. The Board of County Commissioners may waive or reduce the buffer
requirements where the place of worship is located next to an existing
cemetery, place of worship, child care facility, community center, or school.
Consideration* shall be given to security, noise, and visual impacts. Where
a waiver or a buffer reduction is granted, normal perimeter landscaping
requirements shall apply, and alternative requirements (such as fencing) may
be required.
Note: A Type "C" buffer has been installed and maintained.
All of the above specific land use criteria have been satisfied by this site plan application.
Based on the analysis performed, staff recommends that the Board of County Commissioners grant
special exception use approval for a 704 sq. $. building addition to the Community Baptist Church,
subject to the following condition:
1. That prior to issuance of building permits, the applicant must document to the Building
Division that the proposed structure is a modular building certified by the State of Florida,
or will be site built in accordance with the Standard Building Code.
FEBRUARY 16, 1999
—21—
BOOK LUBFADE o�
FEBRUARY 16, 1999
is
Aurr 2
_22_
BOOK 108 PAGE 35
Subject
� Site
120TH
•
Planning Director Stan Boling noted that staff is in receipt of the certification on the
modular building by the State of Florida.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Ginn, the Board
unanimously granted the special exception use
approval for a 704 square foot building addition to
the Community Baptist Church, subject to the
condition that prior to issuance of building permits,
the applicant document to the Building Division that
the proposed structure is a modular building certified
by the State of Florida, or will be site built in
accordance with the Standard Building Code, as
recommended by staff.
FEBRUARY 16, 1999
•
-23- BOOK 103 P, A57
r
11
BOOK 103 PAGE 58
9.A.2. PUBLIC HEARING - ORDINANCE 99-003 AMENDING
THE ZONING ORDINANCE AND ACCOMPANYING
ZONING MAP FROM IL, RS -6, RM -6 AND A-1 TO PD
COMMERCIAL/RESIDENTIAL FOR APPROXIMATELY
185.21 ACRES OF LAND GENERALLY LOCATED ON
THE SOUTH SIDE OF 65THSTREET AT 3745 65TH
STREET - SOUTHERN DUNES GOLF CLUB, INC.
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Board reviewed a Memorandum of February 5:
TO: James E. Chandler
County Administrator
DMSION HEAD CONCURRENCE:
u
Robert Nf. Keating, AICP
Community Development Director
THROUGH: Stan Boling, AICP
Planning Director
FROM: John McCoy, AICP
Senior Planner, Current Development
DATE: February 5, 1999
SUBJECT: Southern Dunes Golf Club Inc.'s Request to Rezone Approximately 185.21
Acres from RS -6 (Residential Single -Family, up to 6 units/acre), A-1
(Agricultural, up to 1 units/5 acres), RM -6 (Residential Multi -Family, up to 6
units/acre), and IL (Light Industrial) to PD Commercial/Residential, and To
Obtain Conceptual Planned Development Approval
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of February 16, 1999.
This is a request by Southern Dunes Golf Club Inc., through its agents Bruce Barkett and Carter
Associates, Inc., to rezone approximately 185.21 acres from RS -6 (Residential Single -Family, up
to 6 unitstacre), A-1 (Agricultural, up to 1 units/5 acres), RM -6 (Residential Multi -Family, up to 6
units/acre), and IL (Light Industrial) to PD commercial/residential. As part of the rezoning request,
a conceptual planned development plan/plat has been submitted for approval. The subject site is
located on the south side of 65" Street immediately west of the FEC railroad (see attachment #2).
The purpose of this request is to secure a zoning district that will allow a private golf course and
short term rental units.
The Board of County Commissioners is now to approve, approve with conditions, or deny the PD
rezoning request and the conceptual PD plan. If approved, the applicant will need to submit a
preliminary PD plan, which will then be considered by the Planning and Zoning Commission.
FEBRUARY 16, 1999
-24-
r�
Planning and Zoning Commission Action
At its regular meeting of January 14, 1999, the Planning and Zoning Commission voted unanimously
(7-0) to recommend that the Board of County Commissioners approve the PD rezoning and the PD
conceptual plan with the conditions contained in the recommendations section at the ena of this
report.
Development Approval Options Available to the Developer
Presently, the site is zoned IL (97.64 acres), RS -6 (49.49 acres), A-1 (28.84 acres), and RM -6 (9.24
acres). Both of the residential districts allow golf courses as special exceptions, and the agricultural
district allows golf courses as administrative permit uses. The IL district, however, does not allow
golf courses. The short term rental units are not allowed within any of the zoning districts that
presently cover the site. It should be noted, however, that the site's current land use designations
(residential, and commerciaUindustrial) allow the proposed uses subject to appropriate zoning.
There are three options available to the developer to seek approval of the proposed project. Any of
the three options, if approved, would allow the applicant to proceed with this project, as proposed.
1. Rezone the IL portion of the golf course to a commercial district (such as CG) which
allows membership golf courses as a type of membership sports and recreation
facilities. Rezone the short-term rental (cottage) portion of the project to a
commercial district (such as CG) which allows short term rental/lodging facilities
and then obtain special exception and site plan approval for the golf course, and
rental cottages.
2. Amend the land use map by changing the commercial industrial portion of the golf
course to residential and rezone to residential. Rezone the area where the rental
cottages are located from IL to a commercial district (such as CG) which allows short
term rentals. The applicant would then obtain special exception and site plan
approval for the golf course and rental cottages.
3. Rezone the site to a PD zoning district which allows golf courses, membership sports
and recreation facilities, and short term rental cottages, all in accordance with the
underlying land use designations and a conceptual site plan.
On staffs recommendation, the developer has opted for the PD rezoning approach (0). If approved,
the PD rezoning will effectively rezone the property in accordance with the conceptual PD plan.
The PD Zoning District Generally
The county has reviewed and approved several PD rezoning projects, including: Sams/Wal Mart,
Magi Mini Storage, Randall Mini Storage, and Old Orchid Groves. Unlike standard zoning districts,
there are no specific size or dimensional criteria for PD districts. Instead, the PD district is based
on the underlying land use plan designation for density, use and compatibility criteria. In the PD
zoning district, setbacks and other typical zoning district criteria are established on a site by site
basis through approval of a conceptual PD plan, adopted as part of the PD rezoning for a property.
The conceptual plan serves to establish the zoning standards for the site.
A rezoning to the PD district requires the submission of a binding conceptual plan which, along with
certain PD district requirements, limits uses and sets -forth specific development standards. Thus,
a PD rezoning allows development of a unique, site-specific zoning district. This benefits the public
by having a tightly focused, specific zoning district, rather than opening up a site to all the potential
uses allowed in other standard zoning districts.
In this case, the conceptual plan proposes an 18 hole private (membership -only) golf course,
clubhouse, maintenance facility, and 30 rental cottages on 185.21 acres (97.64 acres designated C/I
(commercial/industrial), and 87.57 acres designated L-2, (low density residential, up to 6 unitstacre).
Aspects of the proposed conceptual plan will be addressed in the "Plan Analysis" section of this
report.
The PD Rezoning Process
The PD rezoning review, approval, and development process is as follows:
FEBRUARY 16, 1999
•
-25 BOOK 108 PAGE 59
J
r
BOOK 108 FACE 360 7
STEP 1. Rezoning and Conceptual PD Plan Approval: Review and recommendation made by
staff and by the Planning and Zoning Commission. Final action taken by the Board
of County Commissioners.
STEP 2. Preliminary PD Plan/Plat (combination of site plan and preliminary plat) Approval:
Review and recommendation made by staff. Final action taken by the Planning and
Zoning Commission, subject to the Board's action on the rezoning request.
STEP 3. Land Development Permit or Permit Waiver: Reviewed and issued by staff for
construction of subdivision improvements (road, utilities, drainage).
STEP 4. Building Permit(s): Reviewed and issued by staff for construction of buildings.
STEP 5. Final PD Plat Approval: Review and recommendation made by staff. Final action
taken by the Board of County Commissioners.
STEP 6. Certificate of Occupancy: Reviewed and issued by staff for use and occupancy of
buildings.
The applicant is pursuing approval of Step 1.
Once a PD conceptual plan is approved, only minor modifications to the conceptual plan may be
approved at a staff level. Any proposed changes that would intensify the site use (e.g. increase the
maximum building area) or reduce compatibility elements (e.g. reduced buffering) may be approved
only via a process involving public hearings held by both the Planning and Zoning Commission and
the Board of County Commissioners.
Proposed PD District for the Project Site
The subject site is split between two land use designations. A 97.64 acre portion of the site is
designated as C/I (commercial/industdal), while the remaining 87.57 acres are designated as L-2,
(low density residential up to 6 unitstacre). Once a specific PD rezoning is approved for a site, the
applicable PD conceptual plan adopted as part of the rezoning limits the type of specific uses
allowed, the intensity of development, and the location of types of development. The conceptual
plan also establishes the site's dimensional criteria.
Although the PD zoning district can be used to modify certain size and dimensional criteria, the
applicant is not proposing to modify any size and dimensional criteria. Rather, the applicant is
proposing to use the PD rezoning district to allow the two principal uses proposed, a private
(membership only) golf course and short term rental cottages.
Summary of Proposed PD District
Uses: Golf courses (subject to the specific land use criteria for golf
courses) and short-term rentals are permitted as depicted on
the conceptual plan. The short-term rental cottages are
limited to 30 units, accessory to the private golf
coursetclubhouse and must be located in the
commercial/industrial land designation. The golf course
clubhouse may include accessory facilities such as a kitchen
and 120 seat dinning room.
Setbacks:
Building Coverage:
FEBRUARY 16, 1999
All principal and accessory structures, except the guard
house, must be set back a minimum of 100' from any property
line
A maximum 2% building coverage is permitted.
-26-
• 0
0
Open Space: A minimum 90% open space is required.
Maximum Building Height: 35'
Existing Zoning and Land Use Pattern
The 185.21 acre site is vacant. The IL zoned portion of the site, which is generally the east '/z of
the project, is vegetated by scrub, wetlands and pine flat woods. The central portion of the site,
which is residentially designated, is in citrus. The western portion of the site, which is bisected by
the Lateral G Canal, is residentially zoned and vegetated with pine flat woods.
The property to the south is residentially designated (L-2) and developed as Bent Pine and Hawks
Nest golf courses. West of the project site is the Bent Pine golf course and existing groves which
are residentially designated (L-2). The property north of the subject site is vacant, with the eastern
portion being commercially/industrially designated (CII) and the western portion being residentially
designated (L-1). East of the site is the FEC Railroad, Old Dixie Highway, and mostly vacant
property which has a commercial/industrial land use designation.
Future Land Use Map Pattern
The subject property has a commercial/industrial (C/1) land use designation on the eastern %a and an
L-2 land use designation on the western portion. Properties to the east and west have the same land
use designation as the adjacent portion of the subject site. Thus, property to the north is
commerciaUmdustrial designated on the east side of the site and residentially designated on the west,
with the same break point as the subject property. The only difference is that the residentially
designated property on the north is L-1 (low density residential up to 3 units/acre) rather than L-2
(low density residential up to 6 units/acre).
The property to the south is residentially designated and is developed as a golf course. The
applicant's request to use the C/I portion of the subject site as a golf course will ensure compatibility
with the golf course to the south
Consistency with the Comprehensive Plan
Rezoning requests are reviewed for consistency with the policies of the comprehensive plan and
must also be consistent with the overall designation of land uses as depicted on the Future Land Use
Map. The land use map depicts agricultural, residential, recreational, conservation, and commercidl
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, these policies provide
the basis for all county land development related decisions. While all comprehensive plan policies
are important, some have more applicability than others in reviewing rezoning requests. Of
particular applicability for this request are the following policies and objectives.
Future land use policies:
Policy 1.16: Development in CommerciaLlIndustrial designated areas shall be limited to the
following:
Retail and Wholesale Trade
Office Uses
Business and Personal Services
Limited Residential Uses
Manufacturing
Assembly
Materials Processing
FEBRUARY 16, 1999
-27-
•
BOOK 108 FACE 361
BOOK 108 FACE 62
Heavy Repair Services
Outdoor Equipment Storage
Public Facilities
*Recreational Uses
Public Schools
Institutional Uses
Other Similar Type Uses
Note: The proposed golf course in the commercialhndustrial areas is consistent with this policy.
Policy -LM Node size shall be based on the intended use, service area population, existing land use
pattern, and other demand characteristics.
Note: The PD proposal is consistent with the low population density in the area, the existing land
uses and the lack of demand for industrial uses or commercial uses in this area.
Policy 1.21: Node configuration shall provide for the most efficient use of land, and of
transportation and other public facilities and services, while eliminating sprawl and strip
development.
Note: The PD proposal will hither this policy by making the remaining node area more compact.
Policy 5.3: Indian River County zoning districts shall permit a variety of residential building and
development styles.
Note: The proposed PD zoning district conforms to this policy by providing a district which allows
a flexible development style, and provides a mixture of compatible uses (recreation and
short-term rentals).
Policy 5.4: Indian River County LDRs shall contain a special Planned Development (PD) zoning
district. That district shall be designated as an overlay on the County Zoning Atlas. The PD zoning
district is intended to provide for the development of projects which require flexibility in order to
maximize open space and conserve natural features, provide alternative designs, incorporate
recreational facilities, and incorporate a mix of uses.
Note: The PD rezoning actually implements this policy, and provides for appropriate conservation
and use of open space on-site.
Poli, 5.6_: PDs shall be permitted throughout the county, without amendment of the future land use
map, provided the proposed development is shown to be consistent with the goals, objectives and
policies of the Comprehensive Plan. PDs shall be consistent with the maximum density permitted
by the future land use map unless density bonuses are permitted consistent with Future Land Use
Element Policy 5.7.
Note: The proposed PD rezoning is consistent with this policy in that the locations and uses are
consistent with the future land use plan map.
c 7 : The County shall provide protection to environmentally sensitive lands through land
development regulations that limit building densities, require mitigation for impacted areas, permit
the transfer of development rights, and promote the use of conservation easements, dedications, and
public acquisition.
Note: The PD rezoning requires a conceptual plan which facilitates preservation of the site's
environmentally sensitive lands.
Policy 7110: Through the use of fee simple purchase, transfer of development rights, and
conservation easements, Indian River County shall coordinate with other state, federal and local
agencies to identify and protect vegetative communities identified in Conservation Element policies
6.1 through 6.7.
Note: The PD rezoning will facilitate dedication of a conservation easement that satisfies county,
state, and federal environmental requirements.
FEBRUARY 16, 1999
-28-
0 0
Compatibility With Surrounding Areas
Staff's position is that granting the request to rezone the property to PD is compatible with
surrounding areas. The subject property has similar land use designations with all surrounding
properties except a portion of the property to the south. The proposed PD rezoning would further
increase the compatibility along the subject site's southern property line. As indicated in the
conceptual plan, the most intense use and development will occur in the center of the site, using the
golf course itself as a buffer for adjacent properties.
Concurrency Impacts
No concurrency related services or facilities will be affected, since the rezoning is essentially a
"lateral" rezoning, and the conceptual plan ensures that the actual development intensity will be less
than the zoning allows. The existing land use map allows 525 residential units and approximately
97,000 sq. ft. of commercial/industrial building area.
Environmental Impacts
These issues will be addressed in the plan analysis section of this report.
The conceptual PD plan depicts an 18 hole private (membership only) golf course with clubhouse,
and 30 short term rental cottages.
Size of Site: 185.21 acres
2. Zoning Classifications:
Current: EL, Light Industrial (97.64 acres)
RM -6, Residential Multi -Family (9.24 acres)
RS -6, Residential Single -Family (49.49 acres)
A-1, Agricultural (28.84 acres)
Proposed:
3. Land Use Designation:
4. Proposed Building Area:
5.
6.
7.
Proposed Building Coverage:
PD, Planned Development Commercial and Residential
C/I Commercial/Industrial, 97.64 acres
L-2 Low Density 2 (up to 6 units/acre), 87.57 acres
Clubhouse:
Maintenance Building
Rental Cottages
Guard House:
Total:
Allowed:
Proposed:
11,425 sq. ft.
11,200 sq. ft.
27,810 sq. ft.
100 so. ft.
50,535 sq. ft.
36.88%
00.62%
Note: For the purpose of this PD zoning district, a maximum building coverage of 2% is
allowed.
Proposed Impervious Area:
Open Space:
335,529 sq. ft. or 7.70 acres
Required: 30.00%
Provided: 95.59%
Note: For the purpose of this PD zoning district, a minimum of 90% open -space is required.
FEBRUARY 16, 1999
-29- 600K 103 PAGE 363
BOOK 108 PAGE 364
Parking: Required: 102 spaces
Provided: 132 spaces
Note: There will be 110 paved spaces with the remainder being grassed. Grassed spaces are
allowed for up to 25% of the golf course use, and for overflow parking.
Setbacks: The club house will be set back 346' from the north property line which is the
closest property line, with grassed parking spaces coming as close as 30' to the north property
line.
The maintenance building will be a minimum of 100' from the north and east property lines,
which are the closest property lines. The maintenance facility will be over 800' from the
south and west property lines.
The short-term rental cottages will be a minimum of 400' from any property line.
10. Traffic Circulation: The project will have a full access driveway on 65s' Street, which will
be the main access point for the facility. This driveway will provide access to the clubhouse
and rental cottages. A separate full access driveway on 65°i Street will provide access to the
maintenance facility. The internal circulation plan and two access points have been approved
by the County Traffic Engineering Department.
A traffic impact statement has been reviewed and approved by the County Traffic
Engineering Department. The approved traffic impact statement indicates that no off-site
improvements are required. Also, the County Traffic Engineering Department has
conceptually approved the internal circulation plan, including golf cart access to the cottages.
The applicant will need to demonstrate on the preliminary PD that the access roadway to the
cottages is sufficient for emergency vehicles.
11. Stormwater Management: The conceptual stormwater management plan has been reviewed
and approved by the Public Works Department. A detailed stormwater plan will need to be
filed with the final site plan, and the applicant will need to obtain a Type "B" stormwater
management permit prior to site plan release.
12. Utilities: The project will be connected to county water and sewer. This meets both
concurrency requirements and utility connection matrix requirements. These utility
provisions have been approved by the county's Department of Utility Service and the State
Health Department.
13. Landscape Plan and Buffers: The landscape plan complies with chapter 926 criteria.
14. Specific Land Use Criteria: The PD zoning district will incorporate the specific land use
criteria for golf courses, which are as follows:
a. Golf courses and accessory facilities shall not be interpreted to include free-standing
commercial miniature golf courses and/or driving ranges or other unenclosed
commercial amusements;
Note: The golf course will be a private member course.
b. No major accessory use or principal building or structure shall be located closer than
one hundred (100) feet to any lot line which abuts a residentially designated property;
however, the one hundred (100) foot setback may be reduced to normal zoning
district setbacks if the use of the abutting residentially designated property is non-
residential (e.g. institutional, recreation, community services uses) and if a type "B"
buffer with six (6) foot opaque feature is provided between the building and
structures and the abutting residentially designated property.
Note: All principal buildings are setback 100'
FEBRUARY 16, 1999
C. Golf courses shall, to the most reasonable extent, retain and preserve native
vegetation over at least thirty (30) percent of the total upland area of the course due
to their characteristically high water demand and heavy nutrient loads;
Note: Approximately 25 acres of native uplands will be preserved; this equates to 31.87%.
d. The golf courses shall be designed so that any lighting is shielded and directed away
from residential areas;
Note: Any lighting proposed will be directed away from residential areas and be for
security only
e. Type "B" screening shall be provided between golf maintenance facilities and
adjacent residentially designated property within two hundred (200) feet of the golf
maintenance facility.
Note: A type "B" buffer is provided where the site is within 200' of residentially designated
property.
15. Environmental Issues:
Upland Setaside: Since the project is over 5 acres, the native upland setaside criteria
in section 929.05 apply. While the central section of the project is grove, the east and
west portions of the development are mostly native upland habitats. The developer
is working with the county environmental planning staff on satisfying the upland
preservation criteria with a conservation easement. As proposed, the conceptual PD
accommodates a conservation area which exceeds the county's requirements,
although the location of the actual easement is still under discussion. The easement
will need to be dedicated prior to the issuance of a land clearing and tree removal
permit.
Endangered Species: The developer has prepared a detailed environmental survey
which has been submitted to the County U.S. fish and Wildlife Service and the
Florida Game and Freshwater Fish Commission. Approximately 16.28 acres in the
northeast comer of the site have been identified as habitat of the scrub jay, an
endangered species. Scrub jay concerns will need to be addressed by the developer
by providing county staff with letters from the U.S. Fish and Wildlife Service and
Florida Game and Freshwater Fish Commission stating that the agencies have no
objection to the issuance of a land clearing and tree removal permit for this project
As of this time, the agencies have met with the applicant and staff and are
formulating an agreement with the developer. Agency letters will need to be
submitted to county staff prior to issuance of land clearing permits, and prior to
issuance of a land development permit or waiver The plan proposes .64 acres of
impact and 1.05 acres of selected clearing, with preservation of the remaining 14.59
acres within the scrub jay habitat area.
Wetlands: There are approximately 30.38 acres of wetlands on-site. The majority of
the wetlands are located in the southeast comer of the site. The applicant will need
to obtain a county wetland resource permit as well as a permit from the St Johns
Water Management District (SJWMD) for any impact to the wetlands. The plan
proposes to impact 1.44 acres of wetlands, to selectively clear 1.77 acres of wetland
and to preserve the remaining 27.17 acres of wetlands. The applicant will need to
obtain a county wetlands resource permit and a St Johns River Water Management
District permit prior to PD plan release.
16. Dedication and Improvements:
a. Murphy Act Easement: There is a Murphy Act Easement which affects the subject
property along the project's 65* Street frontage. Since the county does not need any
additional right-of-way from this site, staff will support release of the easement. The
easement must be released prior to issuance of a land development permit or waiver.
FEBRUARY 16, 1999
-3 I- BOOK 103FACE ® 5
BOOK 108 FACE66
17. Concurrency: The applicant has satisfied the concurrency requirements for the rezoning and
conceptual PD plan approval.
18. Surrounding Land Use and Zoning:
North: Vacant/IL, RM -6, RS -3
South: Hawks Nest Golf Club, Bent Pine Golf Course and Residences/RM4
East: FEC Railroad, Old Dixie Highway, Single -Family, Vacant/CL, CH, IL
West: Bent Pine Golf Course, Groves/RM4, A-1
Based on the above analysis, staff recommends that the Board of County Commissioners approve
the rezoning to PD commercial/residential and the conceptual PD plan, with the following
conditions:
1. That the short-term rental cottages be located in an area designated
commercial/industrial on the future land use map, as shown on the conceptual PD
plan.
2. That the applicant shall obtain clearance letters from the U. S. Fish and Wildlife
Services and the Florida Game and Freshwater Fish Commission, prior to issuance
of a land clearing permit and land development permit or waiver.
3. That the applicant shall obtain a county wetlands resource permit and a permit from
the St. Johns River Water Management District for wetland impacts, prior to the
issuance of a land clearing permit and land development permit or waiver
4. That the applicant shall obtain release of the Murphy Act Easement prior to issuance
of a land development permit or waiver, for that portion of the development.
The applicant shall demonstrate on the preliminary PD plan that the access road to
the cottages is sufficient for emergency vehicles.
FEBRUARY 16, 1999
-32-
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Planning Director Stan Boling reviewed the Memorandum.
Commissioner Adams Questioned whether the off-site sign on US#1 past 65' has
been permitted, and Director Boling stated that he will check into that.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Attorney Bruce Barkett, 756 Beachland Boulevard, for the applicant, believed the
Murphy Act reservation has already been released and the application for the sign permit has
been submitted.
The Chairman asked if anyone else wished to be heard in this matter. There being
none, the Chairman closed the public hearing.
ON MOTION by Commissioner Tippin,
SECONDED by Commissioner Adams, the Board
unanimously approved the conceptual PD plan with
the conditions as set forth in the Memorandum and
adopted Ordinance 99-003 amending the Zoning
Ordinance and the accompanying Zoning Map from
IL, RS -6, RM -6 and A-1 to PD
COMMERCIAL/RESIDENTIAL for approximately
185.21 acres of land generally located on the south
side of 65' Street at 3745 65' Street (Southern
Dunes Golf Club, Inc.)
ORDINANCE NO.9y-0 3
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM IL,
RS -6, RM -6 AND A-1. TO PD COMMERCIAL/RESIDENTIAL FOR
APPROXIMATELY 185.21 ACRES OF LAND GENERALLY LOCATED ON
THE SOUTH SIDE OF 65TH STREET AT 3745 65TH STREET; AND DESCRIBED
HEREIN, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on
such matters, has held a public hearing and subsequently made a recommendation regarding this
rezoning request; and
FEBRUARY 16, 1999
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;
NOW, THEREFORE, 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 IL, RS -6, RM -6 and A-1 to PD
Commercial/Residential.
All with the meaning and intent as set forth in the land development regulations, and the
approved conceptual plan as may be amended pursuant to the provisions of the Planned
Development (PD) Process and Standards for Development chapter of the land development
regulations.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 16 day offe b r u a r y, 1999.
FEBRUARY 16, 1999
C
-35- BOOK 103 PAGE -369"
BOOK 108 PAGE 3 !
This ordinance was advertised in the Vero Beach Press -Journal on the 3 day of
F e b r u a r y, 1999 for a public hearing to be held on the 16 day of F e b r u a r y 1999 at which
time it was moved for adoption by Commissioner T i pn i n , seconded by Commissioner
A d a ms , and adopted by the following vote:
Chairman Kenneth R Macht
A y e
Vice Chairman Fran B. Adams
A y e
Commissioner Caroline Ginn
Aye
Commissioner Ruth Stanbridge
Aye
Commissioner John W. Tippin
A y e
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By:/6� 1 -.1 'le
/cYdnneth R ht, Chairman
ATTEST BY:
6 ey K. Barto lerk
The foregoing instrument was acknowledged before me on this 9 by Kenneth R
Macht as Chairman of the Board of County Commissioners of Indian River unty, Florida, and by
PATR .9 "PJ° .l ftputy Clerk, respectively Clerk of the Board of County Commissioners of Indian
River County, Florida, who are personally known to me.
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, �', 9 - / ,�
Printed Name:
Commission No.:
Commission Expiration:
Acknowledgment by the Department of State of the State of Florida this ;?= day of
1999. )D!�" I
Effective upon filing with the Department of State.
This ordinance was filed with the Department of State on the following date: =� T 1
u\d\ordinance\ 1-1499
FEBRUARY 16, 1999
MOP Rife C& ApprovedMDeted
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1. TRACT 1, IN THE SOUTH %2 OF SECTION 9, TOWNSHIP 32 SOUTH, RANGE 39
EAST LESS PARCELS AS DESCRIBED IN O.R.B. 152, PAGE 559 AND O.R.B. 189,
PAGE 419, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
2. THE WEST % OF THE NW 1/4 OF THE SW 1/4 OF SECTION 10, TOWNSHIP 32
SOUTH, RANGE 39 EAST, LESS PARCEL DESCRIBED IN O.R.B. 143, PAGE 296
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
3. THE SW 1/4 OF THE SE 1/4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39
EAST, LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT-OF-
WAY.
4. THE SW 1/4 OF THE SW 1/4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39
EAST, LYING EAST OF LATERAL "H" CANAL.
5. THE SE 1/4 OF THE SW 1/4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39
EAST.
6. BEGIN AT THE SW CORNER OF THE NW 1/4 OF THE SE 1/4 OF SECTION 10,
TOWNSHIP 32 SOUTH, RANGE 39 EAST AND RUN EAST 469.00 FEET TO THE
WEST RIGHT-OF-WAY OF FLORIDA EAST COAST RAILROAD; THENCE RUN
NORTHERLY ALONG SAID RIGHT-OF-WAY 862.00 FEET; THENCE RUN WEST
248.00 FEET; THENCE RUN SOUTH 825.00 FEET TO THE POINT OF BEGINNING.
ALL IN SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST.
7. THAT PART LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT-
OF-WAY OF THE NORTH 5 ACRES OF THE SOUTH 30 ACRES OF THE NW 1/4
OF THE SE 1/4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST.
8. THAT PART OF TRACT 32 IN THE SOUTH %i OF SECTION 9, TOWNSHIP 32
SOUTH, RANGE 39 EAST, LYING EAST OF THE LATERAL "G" CANAL.
9. PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 10, TOWNSHIP 32 SOUTH,
RANGE 39 EAST.
10. TRACTS 2,3 AND 4 IN THE SOUTH %z OF SECTION 9, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, LESS LATERAL "G" RIGHT-OF-WAY.
ALL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND SUBJECT TO
ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS OF RECORD.
U\DV\EX IIBITA
FEBRUARY 16, 1999
[EXHIBIT "A"
-37 BOOK 108 PAGE 71
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9.B.1. PROGRESSIVE CIVIC LEAGUE OF GIFFORD,
1999:
FLORIDA, INC. - APPEAL OF APPROVAL OF SITE
PLAN FOR R & R INVESTMENTS (INDOOR
MEMBERSHIP GUN RANGE) SW CORNER OF US#1
AND 42" STREET (MOVED FROM ITEM I I.A.)
The Board reviewed a Memorandum of February 5, 1999 and a letter of January 26,
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keating, AIC
Community Developmefit D' r
FROM: Stan Bolidj4, AICP
Planning Director
DATE: February 5, 1999
SUBJECT: Progressive Civic League of Gifford, Florida Ines Appeal of the Planning and
Zoning Commission's Approval of a Site Plan for R & R Investments
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of February 16, 1999.
In September 1998, Mosby & Associates, Inc. submitted an application for major site plan approval
to constrict a 12,286 sq. R multi-tenant/multi-use commercial building at the southwest corner of
US 1 and 42°d Street (see attachment #2). Proposed tenant uses include: auto repair, appliance sales,
and retail firearms sales with an indoor gun range (see attachments #3 and #4). The site is located
in the CG (General Commercial) zoning district.
At its January 14, 1999 meeting, the Planning and Zoning Commission voted (4-3) to approve the
site plan application with conditions (see attachment #7). Approval conditions included a restriction
of indoor gun range use to members only, and a provision to ensure that the public has the right to
use the alleyway located along the site's west boundary and an access easement to US 1. At that
meeting, members of the Gifford community and members of the Progressive Civic League of
Gifford spoke against the proposed indoor gun range use.
On January 26, 1999, the Progressive Civic League of Gifford, Florida, Inc. filed an appeal of the
Planning and Zoning Commission's conditional site plan approval (see attachment #8); the appeal
relates to the indoor gun range use only. No technical issues are being contested. The Progressive
Civic League contends that indoor gun ranges are not specifically permitted in the CG district Also,
the Progressive Civic League contends that, because there is no indoor gun range use category
specified in the zoning code and because of the seriousness of gun use issues, no such use, including
the R & R Investments site plan project, should be permitted unless and until the zoning code is
changed to specifically address gun range uses.
Under provisions of land development regulations (LDRs) sections 914.13 and 902.07 (see
attachment #5), the Board of County Commissioners is now to conduct a de novo hearing and review
the R & R Investment's site plan application. The Board may approve, approve with conditions, or
deny the site plan application and thereby uphold or deny the appeal.
FEBRUARY 16, 1999
-39-
•
BOOK JOB. FAGE 373
BOOK 108 FACE -374
As part of its consideration of the appeal and site plan application, the Board needs to review
technical site plan aspects, and use and zoning code aspects of the proposed project.
• TECHNICAL SITE PLAN ANALYSIS
1. Zoning Classification: CG, General Commercial
2. Land Use Designation: C/I, Commercial/Industrial
3. Surrounding Land Use and Zoning: North: 42nd Street, Commercial/CG
South: Vacant/CG
East: U S Highway 1, VacanttCG
West: 20' Alley, Non -Conforming Residential/CG
4. Total Site Area:
Area of Development:
50,623 sq. ft. or 1.16 acres
57,747 or 1.33 acres
Note: The total area of development includes off-site development within a 20' alley along
the rear of the site and a common driveway to be shared with the abutting property to the
south.
6. Building Area:
12,286 sq. ft.
The building area proposed for each use is as follows:
Auto Repair•. 4,104 sq. ft.
Appliance Store: 1,539 sq. &
Retail Firearms Sales and Firing Ranee: 6.643 sq, ft.
Total: 12,286 sq. ft.
*Note: The firing range will use 4,400 sq. ft. of the building.
7. Impervious Surface: 39,645 sq. R or 68.7% of the total development area
8. Open Space: Required: 25% of development area
Provided: 31.3% of development area
9. Stormwater Management: The stormwater management plan has been approved by the
Public Works Department. Pursuant to the provisions of Chapter 930, a Type "A" county
stormwater permit will be issued prior to release of the site plan.
10. Landscaping Plan: The proposed landscaping plan satisfies the general requirements of
Chapter 926 Landscaping and Buffering Regulations. Supplementary Type "D" landscape
buffering is required along the site's U S Highway 1 frontage to screen the project from the
RM -6 multi -family development located immediately east of U S Highway I. The
landscaping plan satisfies the landscaping requirements for the Type "D" buffer.
11. Utilities: County potable water and wastewater services are available to the site, and
mandatory connections are required by the County Utilities Department. Prior to site plan
release, the applicant must apply for and obtain utility connection permits for the project.
12. Indian River County Health Department: The Health Department has no objection to
approval of the proposed project to use county water and wastewater services.
13. Traffic Circulation: The site will be accessed from 420d Street and U S Highway 1. The site's
42nd Street driveway will provide a two-way full access to the site, while the site's U S
Highway 1 driveway will be restricted to right -in right -out traffic movements only.
The internal traffic circulation plan provides a two-way driving aisle along the front (east
side) of the building to access customer parking. A wider than normal one-way north/south
driving aisle will access the auto repair service bays along the rear (west side) of the building
(see attachment #3).
Pursuant to section 952.12(4) of the county's Land Development Regulations (see
attachment #6), commercial development fronting on arterial roadways such as U S
Highway 1 may be required to provide interconnected parking areas with adjacent
development. The proposed site plan depicts an interconnected parking "stub -out" to the
south using a common driveway that will straddle the subject site and the property to the
FEBRUARY 1 G, 1999
-40-
south. The proposed design satisfies the interconnected parking requirement. Since the
interconnection "stub -out" and the common driveway will be bisected by a property line, an
easement for construction is necessary. Therefore, prior to release of the approved site plan,
the applicant shall execute and record in the public records, in a manner acceptable to the
county attorney's office, a reciprocal easement that allows for construction and access use
of the common driveway that is proposed.
The County Traffic Engineer has accepted the traffic impact analysis submitted with the site
plan application, and has determined that a right -tum deceleration lane for the proposed
U S Highway 1 driveway is required to mitigate anticipated project impacts. The Traffic
Engineer has also approved the proposed access point. internal traffic circulation plan, and
the interconnected parking design. The Traffic Engineer has no objection to approval of the
major site plan application, subject to conditions ensuring review and approval of final
design details for a right -tum deceleration lane for the site's U S Highway 1 driveway
connection, and construction of the deceleration lane prior to issuance of a certificate of
occupancy.
14. Dedications and Improvements: In order to satisfy minimum local road right-of-way
requirements along 42" d Street, the developer/owner is required to dedicate to the county
without compensation 5' of 42" d Street right-of-way. The 5' dedication area is depicted on
the site plan. The actual dedication is required prior to release of the site plan.
In the area of the site, the current U S Highway 1 right-of-way width is 120'. In order to
provide for the county Thoroughfare Plan's 160' ultimate right-of-way width for U S
Highway 1, 20' of additional right-of-way would eventually be needed from the site. The
Public Works Department, however, does not desire to purchase the additional right-of-way
from the property owner at this time. The applicant/developer has been advised that future
U S Highway 1 right-of-way acquisition from the site could result in non -conformities (e.g.
parking and landscaping).
Site street lighting and a 5' wide sidewalk along the site's U S Highway 1 and 42nd Street
frontages are required improvements, and are depicted on the site plan for construction.
15. Environmental Issues:
Uplands: The project is less than 5 acres; therefore, it is not subject to the native
upland set-aside provisions of LDR section 929.05.
Wetlands: The St. Johns River Water Management District has identified two low
quality, isolated wetlands totaling .39 acres on the site. Development of the site will
result in filling all .39 acres of the wetlands. Therefore, prior to release of the site
plan, the applicant/developer shall apply for and obtain a county wetlands resource
permit and mitigate the impact of the wetlands filling pursuant to the provisions of
LDR section 928.06. County environmental planning staff has no objection to
mitigation measures, subject to St Johns River Water Management District approval.
16. Concurrency: The applicant has chosen not to apply for an initial concurrency certificate at
this time and has executed and notarized a concurrency notice form. The notice states that
no building permit will be issued for all or any portion of the project unless and until a
concurrency certificate is issued for the project The notice will be recorded in the public
records in order to alert any subsequent purchasers of the project or portions of the project
about the status of the project's concurrency requirements. Therefore, concurrency is
satisfied in regard to site plan approval.
In conjunction with the conditions attached to the Planning and Zoning Commission's site plan
approval, there is no contention that the site plan application fails to satisfy applicable LDR site plan
and design standards.
USE AND ZONING CODE ISSUES
Based upon and consistent with the adopted Comprehensive Land Use Plan, the county's zoning
map places every property in the unincorporated area of the county into one or more zoning districts.
Also based upon and consistent with the adopted plan, the county�s zoning code (Chapter 911) sets
forth which uses are allowed in each district(s) and under what conditions (if any). Therefore, since
the subject site's CG zoning is consistent with its C/I (Commercial/Industrial) land use designation,
development of the subject property is considered to be consistent with the comprehensive plan if
it is consistent with the CG district regulations.
FEBRUARY 16, 1999
-41- BOOK 108 FACE 75
600K 108 FAA -76
No zoning code, including the county's code, could specifically list every possible use. However,
the code does address all uses. Every possible use is either specifically listed or unlisted in the
zoning code. According to the zoning code, an unlisted use, such as the proposed indoor gun range,
.. shall be considered the same as the [listed] use having the most similar characteristics".
Therefore, the code sets forth specifically listed uses to which all other uses (unlisted uses) are
compared and matched (see attachment #5). In this way, all uses are matched to a listed use, and no
potential use is left unaddressed and in regulatory "limbo".
According to the code, once an unlisted use is matched with its most similar listed use, the unlisted
use is deemed to be allowed in the same zoning district(s) in which the similar use is allowed.
Furthermore, the unlisted use is deemed to be subject to the same criteria and approval process (e.g.
permitted use, administrative permit or special exception) as the similar listed use.
The code also sets forth criteria for determining the most similar listed use for a given unlisted use.
Those criteria include review of the Standard Industrial Classification (SIC) code to determine
general classification of uses, and other factors including: traffic, parking requirements,
compatibility with surrounding land uses, noise, lighting and visual impacts, hours of operation, and
intensity of use.
SIC Code/Zoning Code Relationship
The SIC code forms the basis for the use categories and sub -categories specified in all of the
county's zoning district use table regulations. Use of the SIC code for such purposes is common in
many jurisdictions and has been used by Indian River County since 1985. The SIC code categorizes
and groups uses from an economictindustrial standpoint. Such an approach generally works well
for planning and zoning purposes for most use categories and sub -categories. However, in certain
instances the county's zoning code makes some distinctions between uses that the SIC code does not.
For example, the SIC code makes no distinction between indoor and outdoor commercial amusement
and recreation uses. However, based upon factors such as compatibility with surrounding land uses,
noise, lighting, and visual impacts, the county's zoning code separates such uses into two categories:
enclosed (indoor) and unenclosed. Such a distinction between indoor and outdoor is made so that
restrictions and conditions can be placed upon outdoor uses that are unnecessary for indoor uses.
Classifying the Indoor Gun Range Use
In the SIC code, various gun range type uses are listed under one general category and two of its
sub -categories, as follows:
[General Category]: Miscellaneous Amusement and Recreation Services
A. [Sub -Category]: Membership Sports and Recreation Clubs
(Specific Uses): (1) Gun clubs, membership
(2) Shooting clubs, membership
B. [Sub -Category]: Amusement and Recreation Services, Not Elsewhere
Classified
(Specific Uses): (1) Shooting galleries
(2) Shooting ranges, operation of
(3) Skeet shooting facilities, except
membership clubs
The county's zoning code commercial use table corresponds to the above referenced SIC code
general category and its two referenced sub -categories as follows:
IC Code
1. "Membership Amusement and Recreation Services ........... "Amusement and Recreation"
=. "Membership Sports and Recreation Clubs" ....................... "Membership Sports and
Recreation"
"Amusement and Recreation Services, Not Elsewhere
Classified"..........................................................................."Enclosed Commercial
Amusements", and
"Unenclosed Commercial
Amusements Except Miniature
Golf Corses and Driving
Ranges"
FEBRUARY 16, 1999
•
Therefore, according to the SIC code comparison, an indoor gun range is a use that can be
considered either a membership sports and recreation" use or an "enclosed commercial amusement"
use. In reality, because the proposed indoor gun range was restricted by the Planning and Zoning
Commission to membership only use, it is now a listed use ("membership sports and recreation").
Both membership sports and enclosed commercial amusements are permitted in the CG district, the
zoning of R & R Investment's project site.
Comparing various aspects of an indoor gun range use to the zoning code's listed commercial uses
renders the same result. The traffic use intensity and parking requirement characteristics of the
proposed site plan project are similar to retail and commercial amusement and recreation uses.
Compatibility, lighting, noise, and visual impact characteristics of indoor gun ranges are similar to
enclosed commercial amusements.
Therefore, the Planning and Zoning Commission was correct in determining that the approved use
is a permitted use in the CG district. Because the approved use is consistent with the CG district
regulations, it is consistent with the comprehensive plan.
REVIEW GUIDELINES FOR APPEALS
Section 902.07(4) provides guidelines for the Board's review of this appeal. Under section
902.07(4), the Board is to review the Planning and Zoning Commission's decision and make
findings in the following four areas:
1. Did the Planning and Zoning Commission fail to follow appropriate review
procedures?
Response: There appears to be no contention regarding review procedures. Appropriate
review procedures were followed. In fact, the Planning and Zoning
Commission allowed public input and discussion on a non -hearing site plan
application matter.
2. Did the Planning and Zoning Commission act in an arbitrary or capricious manner?
Response: The Commission did not act in an arbitrary or capricious manner. Analysis
Provided to the Planning and Zoning Commission and discussed at its
meeting formed the basis of the Commission's decision. The Commission
properly applied the LDR use determination and site plan standards, and
heard arguments from concerned citizens. Thus, the decision to conditionally
approve the site plan application was based on the LDRs.
3. Did the Planning and Zoning Commission fail to consider adequately the effects of
the proposed development upon surrounding properties, public health, safety and
welfare?
Response: The Planning and Zoning Commission did not fail in this regard. Perceived
potential negative effects on the Gifford community is at the heart of the
appeal. The Commission's decision properly relied upon provisions of the
LDRs that address land use and development impacts on surrounding
properties. Those provisions restrict the indoor gun range use to the CG
district and require that the use be in a controlled, indoor environment.
4. Did the Planning and Zoning Commission fail to evaluate the application with
respect to the comprehensive plan and land development regulations of Indian River
County?
Response: The Commission did not fail to evaluate the application in regard to the
Comprehensive Plan and LDRs. Staffs analysis demonstrates compliance
with technical site plan issues, and proper application of the land use and
zoning code treatment of the indoor gum range use.
Based upon the analysis performed. staff recommends that the Board of County Commissioners:
1. Make a finding that the Planning and Zoning Commission's action to conditionaLy
approve the R & R Investment's site plan application did not fail any of the areas
outlined in LDR section 902.7(4), and
2. Deny the appeal and uphold the Planning and Zoning Commission's decision to
conditionally approve the R & R Investment's site plan application.
FEBRUARY 16, 1999
•
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Mr. Stan Boling, Director
I.R.C. Planning & Zoning F
Indian River County Administration Building
1940 25th Street
Vero Beach, FL 32960
Dear Mr. Boling:
The Progressive Civic League of Gifford, Florida, Inc. has worked untiringly for over 35 years to
improve the conditions and to enhance the quality of life for the residents of the Gifford
Community. Some of the improvements have been securing water and sewer, street lighting,
paved streets, affordable housing, community beautification, and a reduction in the distribution of
illegal drugs and violent crimes to mention a few.
The Progressive Civic League encourages and welcomes any business to the Gifford Community,
which does not present an opportunity for potential problems.
The Progressive Civic League believes operating a public indoor gun range on U.S. I at 420d
Street will encourage the illegal sales of guns, increase the number of violent crimes, make it
easier for youth to obtain guns, and portray a negative image of the Gifford Community. There
are several homes and businesses located in the vicinity of U.S. I at 42°d Street.
The Progressive Civic League vehemently opposes any public gun range in the Gifford
Community. We recognize and respect the right of any citizen to use their property for the
permitted use authorized by county regulations. However, after reviewing the Indian River
County zoning regulations, it is our opinion that there is specific zoning classification for indoor
gun ranges.
On January 14, 1999, Arthur J. Harris, Victor Hart, Sr. and Freddie Woolfork, President,
Treasurer and member of the Progressive Civic League, respectively, met with the Commission
regarding the proposed gun range. As noted by the Indian River County Planning and Zoning
Department, we are adhering to the appeals process, which states that an appeal must be filed
within ten (10) business days. We are also identifying the following items as areas of concern
and errors in approving the Proposed gun range:
A. There is no zoning classification for an indoor gun range to be place in Indian River
County, zoning permitted areas;
B. The Planning and Zoning Department is creating a zoning area that does not exist;
C. This type of business is not specifically mentioned in the list of permitted uses; and
D. There is no classification of what type of guns can be used at the proposed gun range.
If it is okay for the Planning and Zoning Department to get together and approve this site without
a specific designated zoning permit, what will stop them from putting other businesses and
projects in other parts of the county. This type of gray area interpretation should not be
permitted. Due to the seriousness of this issue, there needs to be a policy which spells out clearly
and concisely what the zoning code is.
Pursuant to the foregone, the Progressive Civic League of Gifford, Florida, Inc. is requesting that
site plan approval for a public indoor gun range be denied on U.S. 1 and 420d Street.
Arthur J. Harris,
President
Progressive Civic League of Gifford, Florida, Inc
(561)562-5272 / Home
(561)794-1005 / Message
AJH it
FEBRUARY 16, 1999
•
•
County Attorney Vitunac announced that this matter is quasi judicial and everyone
wishing to offer testimony should be sworn. He administered the oath and requested that
speakers note for the record that they have been sworn.
Commissioner Ginn revealed that she had a conversation with someone yesterday on
this matter. She stated that she would be happy to answer any questions regarding that
conversation.
Planning Director Stan Boling reviewed the project and noted that the basis of the
appeal is the indoor gun range which was not a specifically listed use. This is strictly an
interpretation issue. There are 314 categories listed and staff had to make an interpretation
as to the "use" category.
Commissioner Stanbridge questioned the dimensions of the gun range portion of the
building, and Director Boling responded that that particular portion is 50 feet X 90 feet.
Chairman Macht noted that this item is not designated as a public hearing but, due to
the nature of the appeal, public comment will be allowed. He asked the speakers to be as
brief as possible.
Victor Hart, Sr., 4635 34' Avenue, had been sworn. He believed that planning on
this matter should have been stopped from day number 1 because the request was for a usage
that did not exist in the County Plan. He felt that there are no similar uses in the County and
that allowing this use could set a precedent for the whole state. He believed it was no
accident this request was made in this area which is considered to be "one of the weak areas"
of the County.
Attorney Bruce Barkett, 756 Beachland Boulevard, advised that he is representing
the developer and will be glad to answer any questions.
Connie Gates, 9070 US91, Sebastian, stated that she is a member of the Board of
Directors of the Civic Association of Indian River County, and is speaking on their behalf.
She also believed that an indoor shooting gallery is not a defined use. She was concerned
that allowing a liberal interpretation of the use definitions exposes the County to many
unwanted land use possibilities which could ccmpromise the health. s=-fetty -and %�,elfare of
the County. The community leaders in Gifford have worked very hard to improve the quality
FEBRUARY 16, 1999
-47- BOOK 108 FAGE 383
Fr -
BOOK 108 PAGE -382
of life in that area. She would not want this operation in her neighborhood. The intent and
purpose of the Comprehensive Plan is to maintain the character and suitability of land use
in the county and this use will compromise the character of the county. She asked the Board
not to approve the use.
Charles Linn, Sr., had been sworn and is a past president of the National Rifle
Association. He asked the Board to grant the appeal.
Juanita Andrews, 255 Granada Avenue, had been sworn, believed inthe right to bear
arms, and was opposed to the indoor gun range.
A. J. Harris, 1820 38' Place, President of Progressive Civic League of Gifford, Fla.
Inc., had been sworn, and opposed the gun range.
Freddie Woolfork, 3425 49t` Street, had been sworn. There are homes and
businesses in the area and his concern was for the safety of the residents. The residents have
participated with Keep Indian River Beautiful, the Metropolitan Planning Organization, the
Chamber of Commerce, and the Progressive Civic League to diminish crime in the area and
do not want this in their neighborhood. He asked the Board to uphold their appeal and not
allow something like this in an area the citizens are trying to upgrade.
John Oberman, 1950 SW US#1, was administered the oath. He asked the Board to
act in favor of the residents.
Eustacia Dobson, 4000 North Cypress Lane, was administered the oath. She opposed
the gun range.
Attorney Barkett for the applicant cited Section 911.04(2)(b) of the Code which
states: "Community Development Director shall determine ...". He understood the concerns
of the residents but believed the Board is not the correct administrative body to hear this
appeal. He felt that the citizens are asking the Board to act as a legislature. This is a legal
site plan issue and it is being turned into a political issue.
Commissioner Stanbridge questioned the construction of the range.
FEBRUARY 16, 1999
•
•
Allen Matthews of C. E. Block, the project architect, 2044 14`t` Avenue, had been
sworn. The construction of the range is based on guidelines for other facilities of the same
type.
Commissioner Stanbridge then questioned the ventilation system, and Mr. Matthews
responded that a supply air fan will be included behind the shooters, while at the trap end
there will be an exhaust fan.
Commissioner Ginn asked Deputy County Attorney Will Collins for the underlying
reasoning behind zoning.
Attorney Collins stated that the underlying reason for zoning is for the protection of
the health, safety and welfare of the residents of the County. This is provided by putting
applicable zoning uses in appropriate locations. This site plan meets the applicable criteria;
it is the use that is being objected to and that use is not classified in our Code. The Board
may decide that use would be more appropriate as a special exception. He believed the
Board had some discretion in determining what criteria should be allowed.
Chairman Macht closed the meeting to public comments.
MOTION WAS MADE by Commissioner
Stanbridge, SECONDED by Commissioner Ginn, to
find that the Planning and Zoning Commission's
action to conditionally approve the R & R
Investment site plan application did fail the areas
outlined in LDR Section 902.7(4) by not taking into
consideration the health, safety and welfare of the
general public; to grant the appeal and not to
approve the R & R Investment site plan application.
Under discussion, Commissioner Stanbridge felt that the 50 X 90 site plan was not
adequate to protect the health, safety and welfare of the citizens and that the Community
Development Director was not correct in determining that the gun range was a permitted use.
She believed that use should be a special exception in every zoning district.
Commissioner Adams personally would rather see firearms sold on the comer than
a liquor store but believed the support of the neighborhood is important.
FEBRUARY 16, 1999
-49- BOOK 1087 PAGE383
I
•
BOOK JOB FAGE384
Chairman Macht commented that this issue might be the necessary watershed to cause
an examination of the LDRs to prevent another situation such as this. He supported the
motion because of the opposition of the community.
THE CHAIRMAN CALLED THE QUESTION and
the Motion passed unanimously.
9.B.2. PUBLIC DISCUSSION ITEM - CHARLES L. LINN. SR. -
AMERICA'S HEALTH CHOICE MEDICAL PLAN HMO
IN INDIAN RIVER COUNTY (MOVED FROM ITEM
9.B.1.
The Board reviewed a letter of February 10, 1999:
lvk j C/t mq eA
'Jan
SpC-a
W/ Is S -r�- e, C) A--,
FEBRUARY 16, 1999
-50-
LJ
Charles L. Linn, Sr., 1950 SW I' Place, read from the following letter:
As of December 31 " 1998, Humana pulled out of the Treasure Coast leaving thousands of
Medicare recipients without an HMO.
NOT HAVING AN HMO HAS CAUSED US PHYSICAL, FINANCIAL HARDSHIP AS
WELL AS MENTAL ANGUISH. Many of us depend solely on Social Security for our
subsistence.
We are nervous that even this will be reduced in the years to come. Our generation is living
longer, but our money is not lasting longer. We are fearful that our Medicare benefits will not be
adequate.
We the residents of Indian River County are aware that a local Medical Group -
America's Health Choice has filed for HMO status. We are also aware that the
Medical Community of Indian River County, and the Local Hospital are resisting
HMO's in Indian River County. We have received all the care and attention we
have needed with HMO, and want America's Health Choice HMO in Indian River
County. AS TAXPAYERS IN INDIAN RIVER COUNTY WE FEEL WE ARE
ENTITLED TO HAVING A PERSONAL CHOICE IN THE DELIVERY OF
MEDICAL SERVICES.
We urgently request all of our elected and appointed officials to aide us in speeding
up the process of establishing America's Health Choice Medical Plan HMO in
Indian River County. Tmi x is of the essence.
FEBRUARY 16, 1999
-51- BOOK 103 FnE385
500K 108 PAGE- 8
Mr. Linn then read a supplemental letter:
Good morning, Ladies and Gentlemen:
I am Charles L. Linn Sr. I live at 1950 first place S.W. Vero Beach, Florida and have
been a resident in Indian River County since October of 1974. We purchased our house
in 1979 and have been tax payers ever since that time. We have supported the many
things our tax dollars have gone for.
I have appeared before you in the past, as a representative of a large group of voters and
have been asked to appear again representing another large group of voters. They have
asked me to be their spokesman in presenting this matter ro you, our elected
Commissioners of Indian River County.
As taxpayers and free citizens of this great country we feel that we should be able to
choose how our health care should be handled. We had a Humana Gold Plus Plan in here
that pulled out because the pay is not the same for this county as it is for other counties, I
do not think that this should be and I am going to try to get our leaders in Washington to
change this. We pay the same into Medicare no matter where we live and the fee paid to
the HMO should be the same no matter where it is. But even so we have a group here
now that is more concerned about supplying good health care, even at a lower price than
we feel they are entitled to. So we ask for your support in seeing to it that the people who
need to be pressured to make this happen realize that you are behind it 100%.
One side note since the first of January Without an HMO I have paid out more than twice
what I spent out of pocket all last year. Even after spending more than twice the amount
of my expenses of last year for Medigap Insurance I then had to pay over and above the
prescription card. I only needed three prescriptions and they only cost an additional
$95.27 and this is to be repeated every month all year long.
This totals $1143.24, plus the $22 paid for the prescription card and $11100 for the
Insurance to pay the additio0nal costs not covered by Medicare, to Dr.s and hospitals, for
a grand total of $2965.24.
We as taxpayers who have paid our dues, respectfully feel that we are entitled to our
choice of health care and our choice for that, is America's Health Choice H. M. O.
So again, we urge you to take action, as soon as possible to aleviate this problem and if
there is anything you need from us, feel free to contact us, at any time.
FEBRUARY 16, 1999
Sincerly concerned taxpayers
Charles L. Linn Sr. Spokesman
and some 2000 plus registered
and voting Senior Citizens.
Phone Pager 5613774 REC���E�
Fax 561-567-7917 FEB 161899
„T,�r_ af1AR�
rw ER!�'
-52-
Mr. Linn continued that he has paid out more than twice what he spent during 1998
for medical expenses since January I I of 1999. He recently purchased 3 prescriptions at a
cost of $95.20, over and above what his prescription coverage paid. This will be repeated
every month for an annual total of $1143.24, plus $22 for the prescription coverage and
$1800 for insurance. He asked the Board to support the citizens in their desire to have HMO
coverage available in the County. He has had to sell some personal items to be able to afford
these expenses and there are thousands of others in Indian River County in the same
circumstance.
Chairman Macht volunteered to contact his counterpart at Indian River Memorial
Hospital and CONSENSUS was reached to forward the following letter of support:
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Tele i (561) 567.8000
February 17, 1999
Mr. Rock Tonkel
Indian River Memorial Hospital
Board of Trustees
1000 36th Street
Vero Beach, Florida 32960
Dear Mr. Tonkel:
A delegation appeared before the County Commission yesterday, representing many of our senior
citizens. They are very distressed by the loss of Humana Gold Plus coverage in our area, and
reported that they are meeting resistance from the local physicians in general, and the hospital in
particular. These citizens feel that they have the right to choose their health care, and without the
HMO coverage, many will be unable to continue adequate and necessary health care.
The Board is in general support of their dilemma, and urge you to do everything possible to assist
them in obtaining their choice of health care.
Sincerely,
nneth R Macht
Chairman
FEBRUARY 16, 1999
-53- BOOK DO PAGE 38 9
BOOK JOB PAGE 88
9.B.3. PUBLIC DISCUSSION ITEM - FRANCIS M. COFFEY -
BEACH PRESERVATION PLAN (MOVED FROM ITEM
9.B.2.
The Board reviewed a letter of February 10, 1999:
Mr. James E. Chandler
County Administrator
Dear Mr. Chandler,
FRANCIS M. COFFEY
88 CACHE CAY DRIvE
VERo BEACH. FLoEuDA 32963-1210
561-2348406
February 10, 1999
This is a request that I be put on the County Commissioners' agenda (under
"Public Discussion Items" ) for the February 16,1999 meeting.
I would Ike the opportunity to comment on the Beach Preservation Project.
Sincerely,
Francis M. Coffey
Frank Coffey, 88 Cache Cay Drive, thanked the Board for the resolution in support
of engineers. He then raised the issue of public workshops regarding the Beach Preservation
Plan and questioned the meeting schedule of the Beach & Shore Preservation Advisory
Committee. He also questioned having a County Commissioner chair each committee. He
also suggested that each committee be required to submit a monthly status report. He then
read from the following:
x bt,
RECEIVEC
FEB 2 ^.1 'ibay
�-
CLERK TO THE BOARU
l 9., 1999.x.-�_ I/
FEBRUARY 16, 1999
• -54-
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FEBRUARY 16, 1999
-55- BOOK 108 PAGE 89
IOOK 108 FAGE390
FEBRUARY 16, 1999
-56-
P -j
Commissioner Adams stated that the Beach & Shore Preservation Advisory
Committee is working very hard and that she enjoyed chairing the Committee. She stated
that reports will be available when they are completed by the consultants. All Committee
meetings are public and participation by everyone in the community is welcomed.
NO ACTION REQUIRED OR TAKEN.
11.A. PROGRESSIVE CIVIC LEAGUE OF GIFFORD,
FLORIDA, INC. - APPEAL OF APPROVAL OF SITE
PLAN FOR R & R INVESTMENTS (INDOOR
MEMBERSHIP GUN RANGE) SW CORNER OF US#1
AND 42" STREET (MOVED TO ITEM 9.B.1.)
Moved to Item 9.B.1.
I LB. ERICSSON 800 MHZ YEAR 2000 (Y2K) UPGRADE
PROPOSAL
The Board reviewed a Memorandum of February 3, 1999:
TO: Honorable Board of County Commissioners
THROUGH: James E. Chandler, County Administrator
FROM: Doug Wright, Direct
Emergency Services to _
DATE: February 3, 1999
SUBJECT: Ericsson 800 MHz Year 2000 Upgrade Proposal
On December 19, 1995, the Indian River County Board of County Commissioners approved a
contract with Ericsson, Inc., to provide a 20 channel 800 MHz Simulcast Communications System
capable ofserving all municipalities and agencies within the County. The system became functional
in October, 1996, and it currently is serving 1,632 users involving the following organizations:
Department of Emergency Services
• Emergency Management
• Fire
• EMS
• Animal Control
• 9-1-1
FEBRUARY 16, 1999
•
-57- BOOK 103 FACE 9 .
I
•
Indian River County
• Public Works
• Utilities
• Road & Bridge
• Utilities
• General Services
Parks
• Fleet Management
• Community Development
• Code Enforcement
• Building & Grounds
• Traffic Engineering
• Solid Waste
• Risk Management
• Golf Club
• Recreation
• Life Guards
• Telecommunications
Indian River County Sheriffs Department (includes Corrections Division)
Vero Beach Police Department
City of Vero Beach
• Recreation
• Life Guards
• Marina
• Purchasing
• Airport
• T&D
• Solid Waste
Sebastian Police Department
City of Sebastian
• Public Works
• Code Enforcement
City of Fellsmere Public Works
Fellsmere Police Department
Town of Indian River Shores
Council on Aging (Community Coach)
Mosquito Control District
School District of Indian River County
Vero Beach Press Journal (Rx Dispatch Channel only - no Tx)
Florida Today Newspaper (Rx Dispatch Channel only - no Tx)
BOOK 108 FAGE ®. 9
• 9-1-1
• Power Plant
• Customer Service
• General Maintenance
• Risk Managemen
• Warehouse
• Water & Sewer
It should be noted that when the contract for the system was completed, to staff's knowledge, Y2K
was not an issue and was not in the forefront of concerns as relates to communications systems.
However, in 1998, staff attended several conferences and workshops in which Y2K was a discussion
topic and Ericsson was contacted regarding an audit of the existing county system to ascertain
compliance status. Staff met with Ericsson representatives and after some negotiation, Ericsson
agreed to complete an in-depth audit of the system, a $3,500 value, at no cost to the County.
The Y2K audit was completed by Ericsson engineers on September 28, 1998. Ericsson studied the
audit in terms of expense to the County and a Year 2000 Upgrade proposal was received in early
December, 1998. The amount quoted at that time was just over $350,000. Staff' reviewed the
proposal and discovered that the County already had purchased some equipment (MOM PC) to
achieve Y2K in the switch, although it had not been installed, and an FX Software Agreement had
prior been executed at the time the contract was signed in 1995 which also reduced the cost.
Staff returned the Proposal to Ericsson for further modification and explanation of the Services and
installation expense of $105,233. On February 2, 1999, staff received the Upgrade Proposal that is
now before the Board for consideration. A synopsis of the proposal pricing is as follows:
HARDWARE PRODUCTS AND SERVICES PRICING
HARDWARE
Category 1 Products
Quantity
Unit
Description
Price
1
Lt.
Downlink GETC Upgrade Package
S121.96
1
Lt.
Jessica Upgrade Package
$30,278.30
Services
1
Lt.
Installation & Project Support
$105,233.00
0
Yr.
EDACS FX Software Services
Already under FX
Agreement
GRAND TOTAL
$135.633.26
FEBRUARY 1 G, 1999
-58-
C
BILL OF MATERIAL
The Ericsson Y2K Proposal provides for the following items of material or services to be
provided with each product or general service indicated:
10
Ea
C3 Windows NT Console Processors
Pentium II PC Processor
Windows NT 4.0 Operating Software
1
Lt.
Downlink GETC Upgrade Package
( 4) GETC Chip & Hardware set(s)
(45) GETC Chip & Hardware set(s)
FX Software Upgrade
I
Lt.
Installation & Project Support
System Engineering
Project Management
Installation of Year 2000 Upgrades
Testing per the attached Functional Test Plan (FTP)
Staff requested further explanation from Ericsson relating to the $105,233 price quoted for
installation and project support. The response from Ericsson indicated $19,800 for System
Engineering; $7,700 for Program Management; and $77,733 for Installation. Ericsson noted in
the letter of explanation dated December 4, 1998, that System Engineering involves everything
from system audit to final acceptance which includes assisting with system audits, developing
exact equipment requirements, aid in entering the equipment order, provide technical assistance
during implementation and final functional testing. The Program Manager will be responsible
for setting up the scheduling of all resources, handling invoicing, and bringing the project to final
completion. The Installation and Project Support includes the changing of each console CPU
and any software programming, modifications to the console switch (IMC), and labor required to
perform the functional testing of the radio system. In the same letter alluded to above, Ericsson
advised the quotes were based on the County's radio system complexity and the estimated
number of days required to perform each task. If the project takes longer than estimated, there
will be no additional charge to the County.
The Y2K Upgrade Proposal includes a Year 2000 Readiness Warranty which is located in
Section 2 (Page 12-15) of the referenced document. Staff is requesting an Ericsson
representative to be present at the Commission Meeting on February 16, 1999, to answer any
additional questions the Board may have regarding this matter.
RECOMMENDATION:
To preclude any interruption in providing public safety and other services in the County, staff
recommends approval of the Ericsson Year 2000 Proposal Upgrade and Contract for the 800
MHZ Simulcast Communications System with funding from the Optional One Cent Sales Tax
revenue or other funding sources as the Board deems appropriate.
FEBRUARY 16, 1999
-59- :BOOK JOB FAGE3 93
BOOK 10. 3 PACE394
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Ginn, the Board
unanimously approved the Ericsson Year 2000
Proposal Upgrade and Contract for the 800 MHZ
Simulcast Communications System, as
recommended by staff.
DOCUMENTS WILL BE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
H.C. LIVE TELEVISION COVERAGE OF 1999 FLORIDA
LEGISLATIVE SESSION
The Board reviewed a Memorandum of February 9, 1999:
Date:
February 9, 1999
To:
Honorable Board of County Commissioners
Through:
James E. Chandler
County Administrator
From:
Terry L. Smith, Telecommunications Manager
Department of General Services -{
Subject:
Live Coverage of 1999 Florida Legislature
BACKGROUND:
Last year, the programming schedule for the Government Access Channels was altered to
allow for live coverage of the 1998 Session of the Florida State Legislature. The Florida
Channel is providing that program feed again this year in a similar format. Tentatively,
the programming will start on March 1, 1999 with the Capitol Update from 5:30-
6:00PM; from March 2, 1999 through April 30, 1999, coverage will generally be from
8:OOAM to 6:OOPM. By altering the schedule for playbacks during this time period, live
coverage of the legislature is possible except for Tuesdays; Tuesday's activities in
Tallahassee can be taped for later viewing on the Government Access Channels. Based
on preliminary information received from The Florida Channel, the attached tentative
schedule has been developed. Changes in the schedule can be advertised on the
Channels for several days before they are to take effect.
RECOMMENDATION:
Staff recommends that except where there is a conflict with live coverage of a local
meeting, live coverage of the 1999 Florida Legislative session from The Florida Channel
be carried on the Government Access Channels in Indian River Countv and that the
schedule for taped playback of meetings be altered to accommodate the coverage.
FEBRUARY 16, 1999
-60-
•
GOVERNMENT CHANNEL 13 SCHEDULE
Temporary Schedule for the Fioriaa legislature Coverage
We will use this schedule Marcn 1st through April 30th
Updated 7110/99 10:45-
MONDAY-
6am-6pm The Florida legislature - Live
6pm Government Meeting agendas
TUESDAY
9am Live County Commission meeting
1st - 3RD live City Council meeting 7pm
2nd - Live School Board meeting 3:30pm
4th - Live School Board meeting 7:30pm
The Florida Legislature will be tape delayed after the last local meeting
WEDIVESDAY
8am-6pm The Florida legislature
6pm IST -3RD CITY COUNCIL REPLAY
THURSDAY
Bam-6pm The Florida legislature
County Commission meeting replay 6pm
3rd week, County Commission Meeting replay follows the Hospital board
3rd week, Live Hospital Board Meeting 6:30pm
FRIDAY
Sam-6pm The Florida Legislature
2nd - 4th - 6pm School Board Replay
3rd - Hospital Board Replay 6pm
SATURDAY
7AM - Noon School District Programming
Noon - 5pm County Commission Playback
SPM - Midnight School District Programming
SUNDAY
Midnight - 7am School District Programming
7am - Noon 1 st and 3rd week - City Council replay
7am - Noon 2nd and 4th week - School Board replay
Noon - 5pm School District programming
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Ginn, the Board
unanimously approved live coverage of the 1999
Florida Legislative session to be carried on the
Government Access Channels in Indian River
County and that the schedule for taped playback of
Board meetings be altered to accommodate the
coverage, as recommended by staff.
FEBRUARY 169 1999
-61-
0
BOOK 108 PAGE -395
Fp�- 'I
BOOK 108 PAGE 96
11.G.1. COUNTY SHOOTING RANGE - US ARMY CORPS OF
ENGINEERS PERMIT - PROJECT 9629 (SJRWMD Permit 4-061:
0174G -ERP)
The Board reviewed a Memorandum of February 9, 1999:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
DATE:
Terry B. Thompson, P.E.
Capital Projects Manag�i�✓
FROM: G. Sean McGuire, P.E. 1✓
Project Engineer
SUBJECT: Indian River County Shooting Range
US Army Corps of Engineers Permit
Project No. 9629
DESCRIPTION AND CONDITIONS
February 9, 1999
The Army Corps of Engineers (ACOE) is ready to issue a permit for filling 8.13 acres of
wetlands at the County Shooting Range site. The permit includes special conditions for
monitoring the proposed wetland mitigation areas, and it requires the signature of the
Chairman of the Board of County Commissioners.
The permit conditions include the following:
1) As mitigation for wetland filling, the County must repair four breaches within
an existing dike located on the Corrigan Ranch at the Heamdon Swamp east
of 1-95 in south Brevard County within the St. Johns River Basin.
2) The special conditions require the County to maintain the repairs on the
Hemdon Swamp dike for five (5) years, to submit a mitigation monitoring
plan for the wetlands enhanced/restored by the repair of the dike, and to
provide monitoring reports as generated by this plan. An environmental
consultant may be needed to produce and execute the monitoring plan as
the expectations of the ACOE are likely to be beyond the capabilities of
County staff.
3) The County must have a lead contamination mitigation plan if necessary.
4) The County must develop an eastern indigo snake protection/education plan
for all workers at the project.
The permit will be valid once returned to the ACOE and signed by their District Engineer.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board authorize the Chairman to sign the ACOE permit.
Funding will be from account #312-108-575-066.51.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously authorized the Chairman to sign the
U.S. Army Corps of Engineers Permit No.
199804088 (IP -IS), as recommended by staff.
COPY OF PERMIT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
FEBRUARY 16, 1999
10 0
11.G.2. RESOLUTION 99-015 AUTHORIZING JOINT
PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT) - INTERNALLY -ILLUMINATED
STREET NAME SIGNS
The Board reviewed a Memorandum of February 3, 1999:
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TO: James E. Chandler
County Administrator
THRU: James W. Davis, P.E. DATE: February 3, 1999
Public Works Director
FROM: Christopher R. Mora, P.E. C1
County Traffic Engineer
SUBJECT: Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) for:
Internally -Illuminated Street Name Signs
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DESCRIPTION AND CONDITIONS
The FDOT has prepared a- joint participation agreement (JPA),
between the FDOT and Indian River County, to allow the County to
undertake the maintenance and operation of internally -illuminated
street name signs installed on traffic signals on State Highways
within the County. The JPA provides for the following:
1. The FDOT shall fund the project's estimated $10,000 annual
cost, for a period of five years ($50,000 total).
2. The County shall maintain and operate the internally -
illuminated street name signs. If the project cost exceeds
$10,000 annually, the County shall pay the overage.
ALTERNATIVES AND ANALYSIS
The attached JPA is a standard agreement similar to many agreements
the County has executed in the past. The alternatives are as
follows:
Alternative No. 1
Approve the JPA and authorize the BCC Chairman's signature.
Alternative No. 2
Deny approval of the JPA and cancel the project.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 - approval of the JPA. There is
no funding impact generated by this project.
ON MOTION by Commissioner Ginn, SECONDED
by Commissioner Stanbridge, the Board
unanimously adopted Resolution 99-015 authorizing
a Joint Participation for Internally -Illuminated Sheet
Name Signs.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
FEBRUARY 16, 1999
-63- BOOK 103 PACE • 97
BOOK 108 PAGE398
RESOLUTION NO. 99- 15
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING A JOINT
PARTICIPATION FOR INTERNALLY -ILLUMINATED STREET NAME
SIGNS
WHEREAS, it is a policy of the State of Florida to construct and make improvements
to the state transportation system in a cooperative partnership; and
WHEREAS, such partnership shall be promoted and encouraged through the joint
funding of projects that improve traffic flow and reduce congestion of the State Highway
System; and
WHEREAS, the Board of County Commissioners of Indian River County, Florida
wishes to authorize the Chairman of the Commission, to enter into a Joint Participation
Agreement with the State of Florida Department of Transportation on behalf of the
Commission,
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners
of Indian River County , Florida that:
The Board of County Commissioners of Indian River County, Florida hereby
authorize the Chairman of the Commission to enter into a Joint Participation Agreement
with the State of Florida Department of Transportation for:
1. The FDOT shall fund the project's estimated $10,000 annual cost, for a period of five
years ($50,000 total).
2. The County shall maintain and operate the internally -illuminated street name signs.
If the project cost exceeds $10,000 annually, the County shall pay the overage.
The resolution was moved to adoption by Commissioner G i nn and the
motion was seconded by Commissionerc t a r, n r i (i q+, and, upon being put to a vote, the
vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams A y e
Commissioner John W. Tippin A y e
Commissioner Caroline D. Ginn Aye
Commissioner Ruth M. Stanbridge Aye
The Chairman thereupon declared the resolution duly passed and adopted this -J-6
day of February , 1999.
Attest:
BOARD OF COUNTY COMMISSIONERS
=B,
R COUNTY, FLORIDA
Jeffrery K. Barton, Cler Kenneth R. Macht, Chairman
Indian River County
Approved Date
Administration
Budget
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Risk Management
Public Works
Traffic Engineering
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C:\WP60\DATA99\JPAAGREE.RES
FEBRUARY 16, 1999
so 0
13.B. VICE CHAIRMAN FRAN B. ADAMS - APPOINTMENT
OF PAT CALLAHAN TO TREASURE COAST SPORTS
COMMISSION REPRESENTING INDIAN RIVER
COUNTY RECREATION DEPARTMENT
The Board reviewed a letter dated February 9, 1999:
Treasure Coast Sports Commission, Inc.
Thomas J. White Stadium
$27 NW Peacock Blvd
Port St. Lucie, FL 34986
Pht361-871.5458 Fax: 361.871-5436
February 9, 1999
Fran Adams
Commissioner District I
Board of County Commissioner F3 a
Indian River County 1 0
1840 250 Street
Vero Beach. EL 32960
Dear Fran:
I am requesting that Patricia Callahan, Recreation Director of Vero Beatth/lndian River County
Recreation Depwtnwnt, be appointed to serve on the Board of Directors of the Treasure Coast
Sports Commission. The Treasure Coast Sports Commission is a not-for.profit Florida
Corporation 501(c) (6). The Sports Commission will operate throughout the Treasure Coast,
including Indian River County, St. Lucie County, Martin County and hopefully Okeechobee
County.
It was a pleasure talking with you about the future of the Sports Commission. Thank you for
your time and your help with the selection of a new board member for our growing organization.
Sitrtxrcly,
Tom Colucci
Executive Director
FEBRUARY 16, 1999
-65- BOOK 108 PAGE399
BOOK 108 FADE 400
FORMATION OFA TREASURE COAST SPORTS ORGANIZATION
PURPOSE:
• Assist in the Economic Development of the Treasure Coast by attracting State, National
and International Sporting Events.
• Facilitate Communications and Co-operation of the Communities on the Treasure Coast
in the Development of Sports Programs and Physical Fitness for all Ages.
• Create Sports Development Partnerships with. Businesses, Schools, Recreation
Departments, and Organizations.
• Promote the Development of Sports Programs for Children and Young Adults that
Encourage Fundamental Skills, Academics, and Specifically Build Self -Esteem and
Sportsmanship.
• Support Community Sports Events on the Treasure Coast.
• Promote a Sports Environment that the Treasure Coast Community will Support and
Enjoy.
FORMATION OFA TREASURE COAST SPORTS ORGANIZATION
OBJECTIVES AND FUNCTIONS:
• Enlist the Support of County and Local Agencies in the Development of Physical Fitness Programs
and Amateur Athletic Competitions.
• Promote and Attract Sporting Events for the Treasure Coast.
• Promote and Develop a Program of Statewide Amateur Athletic Competition.
• Promote National and International Amateur Athletic Competition.
• Promote the Development of Recreational Athletic Opportunities for all Ages.
• Create -an Olympic Development Center.
• Support Programs for Schools that Develop Physical Fitness and Sports Activities for Students.
• Support College, High School and Professional Athletics.
• Publish a Tri -County Sports Events Calendar.
FEBRUARY 16, 1999
-66-
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Adams, the Board
unanimously appointed Patricia Callahan, Recreation
Director, to serve on the Board of Directors of the
Treasure Coast Sports Commission representing the
Indian River County Recreation Department.
13.D. COMMISSIONER RUTH STANBRIDGE - SUPPORT OF
DESIGNATING ST. JOHNS RIVER AS AN AMERICAN
HERITAGE RIVER
The Board reviewed a Memorandum of February 12, 1999:
To: Board of County Commissioners
From: Ruth Stanbridge, County Commissioner
Date: February 12, 1999
Subject: Support of St. Johns River as an American Heritage River
The St. Johns River has been recognized as an American Heritage River, along
side other great rivers, such as the Potomac and the Mississippi. The designation of
American Heritage River, like that of the National Register, National Landmark, and areas
of National Significance, not only promotes a sense of pride and of place for all Americans,
but opens up opportunities for the. State and local communities to plan preservation,
restoration and enhancement of these designated national treasures. Also, this
recognition can offer protection from state and federal projects that would impact or
destroy them.
As a professional research historian and grant writer, I have employed designations
such as the National Register, National Landmark and National Significance to bring tens
of thousands of dollars of preservation and enhancement monies for projects in Indian
River County. In one instance, the destruction of a private commercial building by a
federal/state road project was prevented because the landowner had the foresight to have
his building listed on the National Register. Without these nationally bestowed
designations, no small county, such as ours, or even the State of Florida could hope to
compete for our fair share of federal funds.
As a researcher, I instinctively investigate each and every proposal I work on.
Before I brought this recommendation to the Commission, I read and examined pages and
pages of information, both primary documents and the numerous interpretations of the
Program. I do not share the concerns and fears expressed in many of these articles
because I have dealt with national designations and recognitions for years - there is no
hidden agenda. The American Heritage River Program is a positive, exciting opportunity
that invites local citizens and government to participate, and we should.
The list on the attached page is by no means the entire list of supporters, but does
contain counties/cities, individuals and organizations familiar to ail of us. The leaders of
these local governments and organizations are people we know personally, and have
worked with. They are well respected in their communities with outstanding credentials
and high standards. They would not lend their names nor their organization's name to
corruptible programs or activities that would damage or destroy our rights as Americans,
or our American Heritage.
FEBRUARY 16, 1999
-67-BOOK i0d PAGE 4,
BOOK 103 PAGE 402
Again, I stress that the American Heritage Program does not negate my laws, the
Constitution or the rights of the people, but it does bring us the opportunity to join with
our neighbors in protecting, preserving and enhancing the St. Johns River. By supporting
this program, we will be on equal footing with our neighbors in determining the future of
this beautiful and exciting river system and the legacy we leave for our children and
grandchildren.
Partial List
Supporters of the St. John River
American Heritage River Program
COUNTIES
Brevard County
Volusia County
St. Johns County
Duval County
CITIES
City of Fellsmere
City of Palm Bay
City of Melbourne
City of Satellite Beach
City of Holly Hill
City of Indian Harbour Beach
City of Cape Canaveral
City of Rockledge
City of Deltona
Town of Indialamic
Town of Melbourne Beach
Town of Melbourne Village
Town of Malabar
ORGANIZATIONS AND GROUPS
League of Women Voters of Florida
LWV -Jacksonville
LWV - Seminole County
American Association of University Women
Florida Wildlife Federation
Pelican Island Audubon Society
St. Johns Audubon Society
Indian River Audubon Society
Friends of St. Sebastian River
NAACP - Central Brevard County Branch
Treasure Coast Regional Planning Council
Maritime Heritage Foundation
Apopka Historical Society, Inc.
DeBary Hall, Inc.
RS gremvermpd
FEBRUARY 16, 1999
0
INDIVIDUALS
Former Governor Lawton Chiles
Senator Bob Graham
U.S. Representatives: Brown, Wexier, Meek
Former U.S. Representative Charlie Bennett
City of Apopka
Town of Pierson
City of Atlantic Beach
City of DeBary
City of Leesburg
City of Palatka
City of Jacksonville
City of Callahan
Town of Hilliard
City of Gainesville
City of Fernandina Beach
City of Nepture Beach
Dautpma Beach Shores
Sierra Club Central Florida
Sierra Club Volusia-Flagler
Sierra Club Suwannee -St. Johns
Chamber of Commerce - Melbourne
Palm Bay
Chamber of Commerce Cocoa Beach
Partnership for a Sustainable Future
The Friends of Crane Creek
Pierson Garden Club
West Volusia Audubon Society
North Florida Growers Exchange
Hontoon Island Foundation
Indian River Historical Society, Inc.
Goldenrod Historical Society, Inc.
-I
Commissioner Stanbridge reviewed her Memorandum and noted that the designation
will only promote a sense of pride and aid in the preservation and restoration of the river.
Such designations have been employed to bring in tens of thousands of dollars in federal
funds and no small county could hope to compete without them. She believed this is an
exciting proposal and there is no hidden agenda. She reviewed the list of supporters and
noted that these are known and trusted people who would not lend their names to a corrupt
program.
MOTION WAS MADE by Commissioner
Stanbridge, SECONDED by Commissioner Adams,
that the Board support the designation of the St.
Johns River as an American Heritage River.
Commissioner Ginn spoke in opposition to the motion as the designation is not
community -led but instigated by a group within the White House. She described a situation
at the Escalante National Monument in Utah in 1996 where the designation was approved
over the objections of local officials and landowners. She believed this is a states' rights and
property rights issue. She noted that both State Representative Sembler and Congressman
Weldon are opposed to this designation. She felt the level of trust has been seriously eroded
by the Escalante project and what has happened recently in Washington. She questioned
why a "Navigator" will be federally appointed and make $100,000 per year if this is merely
a "feel good" designation.
Commissioner Stanbridge believed that if this designation had been in place 35 years
ago, the Kissimmee River would not have been channelized and we would not be faced with
spending billions to restore it.
Commissioner Ginn expressed her concerns about the future grabbing of regulatory
powers by the federal government. She believed it is time we stand up for our freedoms and
resist the state and federal rules and regulations which can make the average citizen twist in
the wind.
Commissioner Tippin felt he could not support the motion because of his many
concerns. He recalled the restrictions on building in Sebastian Highlands and his sympathy
for those elderly couples who retired to the area and were not able to build on their own
property. He did not want to risk another bureaucracy.
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Commissioner Stanbridge responded that this is not a bureaucracy, but only a
designation which will be an advantage. The Navigator is already federally employed and
will be only a liaison.
Commissioner Ginn found it hard to believe that a $100,000 Navigator could be just
a designation.
Chairman Macht noted that this is not a public hearing but he would allow public
input on this subject.
Jim Granse, 36 Pine Arbor Lane, discussed and recommended the book, "Approval
of Report for 1997 Year of the Ocean" which is updated every 2 years.
Bud Kleckner, member of Pelican Island Audubon Society and Chapter
Representative to the state society commented that people can call "1-800-888-4400" for
information regarding rivers. He believed this designation will create better access to
necessary resources and offered to make available web page addresses for those interested.
John Oberman, a citizen of Arizona and Nevada for several years, felt that ranchers
in Utah are being driven out of business because of land confiscation by the federal
government and believed that "Navigator" should be spelled "dictator".
Leroy Wright, Regional Director of Florida Wildlife, was a former president of Save
the St. Johns and a member of Sportsmen Against Violating the Environment. He noted that
there are a number of municipalities, businesses, user groups, and environmental
conservation groups, together with thousands of people, in District 15 who support the
designation. The Brevard County Commission has reaffirmed their support for this
designation. He hoped the Board would support the designation. In response to
Commissioner Ginn's question, Mr. Wright continued that he is not troubled by the
Executive Order because that was the method used to set aside 120 million acres out west
for a wonderful federal park.
Jerry Oberman, 1950 SW US# 1, agreed with Commissioners Ginn and Tippin and
felt we do not need the government's interference or their funds.
FEBRUARY 16, 1999
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Patricia Hartman, from the south side of the County to the north, supported
Commissioner Ginn and Representatives Weldon and Sembler. She believed that once you
opt in, then you may not be able to get out.
Guy Barber, 503 71 Place, believed this is "federalism in your face" and opposed the
designation.
Herndon Williams, 3554 Ocean Drive, looked with great trepidation at any offer of
help from the federal government.
Commissioner Ginn noted that Representative Sembler had said that he controls the
funding for St. Johns and we can be sure we will get more than our fair share of assistance.
She believed that if we approve this designation, then we have to be willing to accept the
responsibility for any new rules and regulations that affect property rights. Following the
vote, Commissioner Ginn requested the Clerk to make certain her comment about accepting
responsibility be made a part of the record.
THE CHAIRMAN CALLED THE QUESTION and
the Motion carried by a 3-2 vote (Commissioners
Ginn and Tippin opposed).
Chairman Macht noted that he had been suspicious initially of the designation because
it was not passed by Congress and has the force of law, but this is a document signed by the
President only and does not invade the local sovereignty.
COPY OF LETTER OF SUPPORT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
13.E. COMMISSIONER JOHN W. TIPPIN - DODGER VIDEO
FOR TV
Commissioner Tippin gave a brief explanation of the program and noted that the ad
would run on TCI and MediaOne for 30 seconds 4 times a day at a cost of approximately
$26,000. Budget Director Joe Baird has advised the County is running 16 to 20% ahead of
last year in its collection of tourist taxes and does not believe there would be a problem with
paying for this.
FEBRUARY 16, 1999
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BOOK 10.8 PAA
last year in its collection of tourist taxes and does not believe there would be a problem with
paying for this.
Penny Chandler, Chamber of Commerce, explained that the Tourist Development
Council proffered the idea and, in the process of researching the program, she found that
some hoteliers said spring training used to bring overnight visits by guests to the County.
That is no longer happening. These ads will be broadcast 100 to 150 miles out, not to local
residents.
Chairman Macht objected to the program if it is to be specific to the Dodgers' ball
games. He did not feel that it would be proper to support a private organization who is able
to pay its players 15 to 30 million dollars and would only support the effort if all other
attractions in the County were included, such as the Center for the Arts and the
Environmental Learning Center.
Commissioner Tippin noted that this spring training season is different than other
spring training seasons and this will be a special one-time thing.
ON MOTION by Commissioner Tippin,
SECONDED by Commissioner Grin, the Board
unanimously approved the expenditure of $26,000
with the proviso that the campaign include other
Indian River County tourist activities.
14.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that, immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those
Minutes are being prepared separately.
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately.
FEBRUARY 16, 1999
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 12:49 p.m.
ATTEST:
J. K. on, Clerk
FEBRUARY 16, 1999
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