HomeMy WebLinkAbout10/13/20091
11
COUNTY COMMISSIONERS
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, OCTOBER 13, 2009 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127 th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Wesley S. Davis, Chairman District 1
Joseph E. Flescher, Vice Chairman District 2
Gary C. Wheeler District 3
Peter D. O'Bryan District 4
Bob Solari District 5
Joseph A. Baird, County Administrator
William G. Collins II, County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Stan Boling, Planning Director
3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation by Chuck Mechling on County Cooperative Programs "Screen
on the Green", Annual Indian River County Firefighters' Chili Cook -off, and
other community events to be held at Pointe West
B. Presentation by Deputy Jeff Luther, Chairman of the Census 2010 Complete
Count Committee
PAGE
October 13, 2009 Pagel of 8
6. APPROVAL OF MINUTES PAGE
A. Regular Meeting of September 8, 2009
B. Preliminary Budget Meeting of September 9, 2009
C. Special Call — Sheriff and PBA Impasse of September 10, 2009
D. Special Call — Sheriff and PBA Impasse of September 14, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Election of Complete Count Committee Chairman and Vice Chairman
__(memorandum_dated October 5,2009) --------------------------------------------------------------1
B. Resignation of Interested in Tourist Development Appointee to the Tourist
Development Council
__(memorandum_dated October 7,2009) -----------------------------------------------------------2-3
8. CONSENT AGENDA
A. Approval of Warrants and Wires, September 25, 2009 Thru September 30,
2009
(memorandum dated September 30, 2009) 4-9
B. Approval of Warrants and Wires, October 1, 2009
__(memorandum_dated October 1 2009)________________________________________________________ 10714
C. Retention of engineer for assistance on right-of-way acquisition
__(memorandum_dated October 6,2009) -------------------------------------------------------- 15722
D. Approval of Bid Award for IRC Bid No. 2010010, Annual Bid for Street
Sweeping Services
__(memorandum_dated October 5,2009) --------------------------------------------------------- 23729
E. Approval of Renewal of a Class "E" Certificate of Public Convenience and
Necessity for ARC of Indian River County to Provide Wheelchair Services
__memorandum -dated--September 30, 2009) ___________________________________________________ 30-52
- - - - - ---------- - - -
F. Acceptance of Emergency Management Federally -Funded Subgrant
Agreement 09 -BG -03-10-40-01-141
(memorandum dated October 2, 2009) 53-59
October 13, 2009 Page 2 of 8
8. CONSENT AGENDA PAGE
G. Request for Agenda; Third Party Claims Administration Agreement
__(memorandum -dated- - September 24, 2009) ___________________________________________________ 60-69_
- - - - - ---------- - - -
H. Moorings Club and Indian River County Seawall Repairs; Project 0822, Bid
200870, Change Order No. 1, Reconciliation Change Order, Additional
Work and Time Extension 3rd and Final Payment and Release of Retainage
(memorandum dated September 30, 2009) 70-82
L Resolution to Florida Department of Environmental Protection requesting
establishment of an Erosion Control Line for the Sector 3 Beach Restoration
Project
__(memorandum_dated October 5,2009) -------------------------------------------------------- 83-85
J. Change Order No. 1 — 12d' Street Sidewalk from 16d' Ave to l Ph Place, Bid
Number 2008081 — Timothy Rose Contracting, Inc., IRC Project No. 0216
-(memorandum-dated October 1 2009)________________________________________________________ 86790
K. Work Order No. 7 (Engineering/Surveying), Kimley-Horn and Associates,
Inc., Round Island Riverside Park - No -Name Island FDEP Survey, IRC
Project No. 0860, Release of Retainage
(memorandum dated October 5, 2009) 91-92
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Church of God By Faith's Request for Special Exception Use
Approval for an Expansion to an Existing Place of Worship Facility
(memorandum dated October 1 2009) ---------------------------------------------- 93-104
Quasi -Judicial
2. Approval of an Amendment to the County Noise and Vibration
Control Ordinance to Address Emergency Power Generators: Land
Development Regulations Chapter 974
(memorandum dated October 6 2009) __________________________________________ 105-128
Legislative
3. Consideration of Proposed Amendments to Provide for Permanent
Exceptions to Certain LDRs for Individual Development Projects:
Land Development Regulations Chapter 902
(memorandum dated October 1 2009) __________________________________________ 129-182
Legislative
October 13, 2009 Page 3 of 8
10. PUBLIC ITEMS PAGE
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from Spencer Simmons regarding County
Ordinance 201.22 183
2. Request to Speak from Joseph Paladin, President, Black Swan
Consulting, Regarding Public Discussion and Presentation Items 184
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing October 20. 2009
County Initiated Request: Change land use designations of the
following properties from various land use designations to C-1,
Conservation -1 (0 density):
(memorandum dated October 2 2009) ------------------------------------------ 185-186
a. ± 16.22 acres located at 7770 Jungle Trail from L-1, Low
Density Residential -1 District to C-1
b. ± 47.25 acres located at 800 Gardenia Street from C -2/C-3,
Conservation — 2 and Conservation -3 Districts, to C-1
Legislative
2. Notice of Scheduled Public Hearing November 3. 2009
County Initiated Request: Change land use designations of the
following properties from various land use designations to C-1,
Conservation -1 (0 density)
(memorandum dated October 2, 2009 185-186
a. ± 27.97 acres located at 9700 Water Vliet Avenue from L-1,
Low Density Residential — 1, and C/I,
Commercial/Industrial District, to C-1
b. ± 37.48 acres located at 7775 & 7780 85h Street from Ag -1,
Agricultural — 1 District, and R, Rural Residential District,
to C-1
c. ± 70 acres located at the east end of Oslo Road, south side
from C-2 Conservation — 2 and L-2, Low Density
Residential -2 District, to C-1
d. ± 457.86 acres located approximately 2 miles west of
Interstate 95 and approximately 1.5 miles north of SR 60
from AG -2, Agricultural -2 District, to Cl
Legislative
October 13, 2009 Page 4 of 8
10. PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
3. Notice of Scheduled Public Hearing November 3. 2009
510, LLC's Request: Change the land use designation of
approximately ± 6.4 acres located at 4650 85h Street Sebastian,
from L-2, Low Density Residential — 2 (up to 6 units/acre), to C/I,
Commercial/Industrial
(memorandum dated October 2 2009) __________________________________________ 185-186
Legislative
4. Notice of Scheduled Public Hearing November 3. 2009
United Indian River Packers, LLC's Request: Change the land use
designation of approximately ± 6.4 acres located at 4310 77h Street
Vero Beach, from C/I, Commercial Industrial, to L-2, Low Density
Residential — 2 (up to 6 units/acre)
(memorandum dated October 2, 2009) 185-186
Legislative
it. COUNTY ADMINISTRATOR MATTERS
A. Vero Beach Fighting Indians Band Boosters, Inc.
__(memorandum -dated October 7 2009)____________________________________________________ 187-197
12. DEPARTMENTAL MATTERS
A.
Community Development
None
B.
Emer2ency Services
None
C.
General Services
None
D.
Human Resources
None
E.
Human Services
None
F.
Leisure Services
None
October 13, 2009
Page 5 of 8
12. DEPARTMENTAL MATTERS PAGE
G. Office of Management and Budget
1. Policy for Parks Equipment and Facility Rental Rates — For Profit
and Non -Profit
(memorandum dated October 7, 2009) 198-205
H. Recreation
None
1, Public Works
1. Sector 3 Beach Restoration FDEP Permit Modification for Upland
Sand
(memorandum dated October 7 2009)-------------------------------------------206-208
J. Utilities Services
1. 129' Place Petition Water Service, A Portion of Indian River Acres,
Indian River County Project No. UCP -4038, Resolution IV — Final
Assessment
(memorandum dated October 9, 2009) 209-219
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS ITEMS
A. Commissioner Wesley S. Davis, Chairman
1. Assistant County Attorneys' Contracts
(memorandum dated October 7 2009)-------------------------------------------220-222
B. Commissioner Joseph E. Flescher, Vice Chairman
None
C. Commissioner Gary C. Wheeler
None
October 13, 2009 Page 6 of 8
14. COMMISSIONERS ITEMS PAGE
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Bob Solari
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emer2ency Services District
None
B. Solid Waste Disposal District
1. Regular meeting of August 18, 2009
2. Final Pay & Release of Retainage to Barth Construction, Inc.
Related to the Expansion of the Fellsmere Customer Convenience
Center
(memorandum dated October 5, 2009) 223-231
3. Amendment No. 1 to Work Order No. 15 to GeoSyntec Consultants,
Inc. for Fuel Tank Relocation from Former DOT Facility to Landfill
(memorandum dated October 6, 2009) 232-240
4. Cancel 2009 Petition Hearing, Solid Waste Disposal District
Assessment Fees
(memorandum dated October 6, 2009) 241
C. Environmental Control Board
None
16. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD 4 772-770-5215) at least 48 hours in
advance of meeting.
October 13, 2009 Page 7 of 8
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, the IRC Courthouse Law Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6: 00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9: 00 a. m. until 5: 00 p.m.,
Thursday at 1: 00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
October 13, 2009 Page 8 of 8