HomeMy WebLinkAbout01/03/2006INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 03, 2006
1. CALL TO ORDER........................................................................................1
2. INVOCATION...............................................................................................1
3. PLEDGE OF ALLEGIANCE......................................................................2
ELECTION OF CHAIRMAN..........................................................................................2
ELECTION OF VICE CHAIRMAN...............................................................................2
CONSTITUTIONAL OFFICERS OATH OF OFFICE................................................2
7. CONSENT AGENDA...................................................................................3
7.A. REPORTS.....................................................................................................................3
7.8. APPROVAL OF WARRANTS -DECEMBER 1-8, 2005 ....................................................3
7.0 APPROVAL OF WARRANTS - DECEMBER 9-15, 2005 ...................................................3
7.D. APPROVAL OF WARRANTS -DECEMBER 15-22, 2005 ................................................4
7.E. REALIGNMENT OF COMMITTEE MEMBERS ON THE AGRICULTURE ADVISORY
COMMITTEE (AAC) - (1) ROBERT ADAIR, JR. AS THE ASSOCIATION INDUSTRY
APPOINTEE- (2) KETIEN O'DARE AS THE VEGETABLEINDUSTRYAPPOINTEE ......... 4
7.F. RESIGNATION OF RALPH LINDSEY AAC (AGRICULTURE ADVISORY
COMMITTEE) AS THE IRRIGATIONINDUSTRYAPPOINTEE..........................................4
January 03, 2006 1
7.G. RESIGNATION FROM THE EMERGENCY SERVICES DISTRICT (ESDAC)
January 03, 2006 2
ADVISORY COMMITTEE - JAYSMITH (DISTRICT 5) ....................................................4
7.K
RESIGNATION OF MICHAEL N. VANA TTA - BEACH AND SHORE PRESERVATION
AD i'ISORY COMMITTEE...............................................................................................4
7.I.
APPOINTMENT OF DAVID BARNEY TO BEACH AND SHORE PRESERVATION
AD i'ISORY COMMITTEE - TO REPLACE MICHAEL VANA TTA ...................................... 5
7J
nnnnrnrr't .. of CHERY-r GERsER_BEACH AND SHORE ADVISORY
PRESERVATIONADVISOR YCOMMITTEE -ToREPLACEMICHAEL VANA TTA ............ 5
7.K.
WORKERS' COMPENSATION SETTLEMENT - PATRICIA MEZZINA .............................. 6
7.L.
RESOLUTION 2006-001 - ANNUAL SIGNATORIES - AUTHORIZATION FOR
COUNTYADMINISTRATOR TO DECLARE STATES OF EMERGENCY .............................. 6
7.M.
PROCLAMATION AND RETIREMENT AWARD FOR KENNETH L. JAY -15 YEARS
OFSERVICE................................................................................................................. 7
7.N.
CHOOSE LIFE LICENSE PLATE FUNDING - DISTRIB UTION OF FUNDS TO CARE
NET PREGNANCY CENTER OF INDIAN RIVER COUNTY ............................................... 7
7.0.
RESOLUTION2006-002-MISCELLANEOUSBUDGET AMENDMENT005 ....................7
7.P.
SIEMENS BUILDING TECHNOLOGIES, ING - VENDOR REQUEST FOR
ADDENDUM TO PURCHASE ORDER #37959 - UTILITIES
DEPARTMENT/OPERATIONS COMPLEX.......................................................................8
7.Q.
NORTH COUNTY RO WATER PLANT - REMOVAL OF CONTAMINATED WASTE
OIL SOIL - GEOSYNTEC CONSULTANTS, ING - WORKAUTHORmATIONNO. 3..........8
7.R.
SOUTH COUNTY RO WATER PLANT - UST (UNDERGROUND STORAGE TANK)
CLOSURE, SOURCE REMOVAL, AND AST (ABOVE GROUND STORGE TANK)
INSTALLATION - GEOSYNTEC CONSULTANTS, ING, WORK AUTHORIZATION
No. FRO 737................................................................................................................9
7.S.
BLOCK VILLA SUBDIVISION, 20TH AVENUE AT 9TH PLACE - BID NO. 7079 -
LABOR CONTRACT WORK AUTHORIZATION NO. 2005-017 - INSTALLATION OF
WATERMAIN..............................................................................................................9
7. T.
UTILITIES SER i'ICES - SEA OAKS PROPERTY OWNERS ASSOCIATION, INC. -
FIRST AMENDMENT TO ANNEX] LICENSE AGREEMENT FOR USE OF COUNTY
PROPERTY................................................................................................................
10
January 03, 2006 2
7. U. UTILITIES SER VICES - RI f'ER LAKES ESTATES POWER DISTRIBUTION PANELS -
FINAL PAY TO PARA GONELECTRIC OF VERO, INC ................................................. 10
7.V. MASTELLER, MOLER AND REED - FINAL PAYMENT TO CONSULTANT- SURVEY
SERVICES FOR 35 ACRES EAST OF CENTRAL WWTF............................................. 10
7. W FLOODPLAIN STORAGE WAIVER - PULLIN MULTI -FAMILY SITE PLAN AND
PRELIMINARYPLATAPPLICATION- CARTER ASSOCIATES INC ............................. 11
7.X. HURRICANE DEBRIS REMOVAL MONITOR AND SUPERVISOR STAFFING NEEL-
SCHAFFER, INC -RELEASE OFRETAINAGE........................................................... 11
7.Y FINAL INVOICE AND FINAL RELEASE OF RETAINAGE FOR WORK ORDER No. 2
TO THE PROFESSIONAL SER i'ICES AGREEMENT - CARTER ASSOCIATES, INC -
INSTALLATION OF THE TILTING WEIR GATES IN THE INDIAN RIVER FARMS
WATER CONTROL DISTRICT CANALS....................................................................... 12
7.Z. BEACH PRESERVATION - APPLIED TECHNOLOGY AND MANAGEMENT, INC
(ATM) MITIGATION REEF CONSTRUCTION - CONTRACT AMENDMENT 8 -
FINAL PAYMENT AND RELEASE OF RETAINAGE...................................................... 12
7.AA CITRUS BEST MANAGEMENT PRACTICES (BMP) GRANT - FLORIDA
DEPARTMENT OF A GRICUL TURE AND CONSUMER SERVICES .................................. 13
7.BB GENERAL SERVICES -BUILDINGS AND GROUNDS DIVISION - BID AWARD
#2006039 ELEVATOR MAINTENANCE - GENERAL ELEVATOR SALES &
SERVICE, INC........................................................................................................... 13
7. CC PUBLIC WORKSIROAD AND BRIDGE DivisioN BID AwARD #2006043 -
ANNUAL BID FOR SOD (RE -BID) - TIERRA TURF, INC ............................................ 14
7.DD FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) - EXTENSION OF JOINT
PARTICIPATIONAGREEMENTS - HURRICANES FRANCES AND JEANNE................... 15
7.EE AUTHORIZATION TO ADVERTISE AMENDMENTS TO ANIMAL CONTROL
ORDINANCE FOR PUBLIC HEARING ON JANUARY 17, 2006 - RESOLUTION
UPDATING FEES.
15
9.B.1. PUBLIC DISCUSSION ITEM — STEVE LINO REGARDING
PETITION FOR ROAD MAINTENANCE WEST OF WILLOW
(FELLSMERE)............................................................................................16
January 03, 2006 3
9.B.2. PUBLIC DISCUSSION ITEM — ALFRED C. BALDWIN —
LINDSEY LANES SUBDIVISION SWALE AND ROAD
IMPROVEMENT ISSUE...........................................................................17
9.B.3. PUBLIC DISCUSSION ITEM — GEORGE SIGLER — 27TH
AVENUE AND 43" AVENUE.................................................................17
9.B.4. PUBLIC DISCUSSION ITEM — ADRIENNE CUFFE
REGARDING ROADS AND GROWTH - DIAN GEORGE
REGARDING VIGILANCE REQUIRED FOR 43" AND 27TH
AVENUES....................................................................................................18
9.B.5. PUBLIC DISCUSSION ITEM — JERRY SWANSON
REGARDING THE 43" AVENUE WIDENING PROJECT ..............18
11.C.1. GENERAL SERVICES — NEW COUNTY ADMINISTRATION
BUILDING - REVISION TO GUARANTEED MAXIMUM
PRICE (GMP) AND OWNER'S CONTINGENCY...............................19
11.C.2. GENERAL SERVICES — RFQ #2006019 - MGT OF AMERICA
INC. SELECTED TO PROVIDE NEEDS ASSESSMENT PLAN —
CHILDREN'S SERVICES ADVISORY COMMITTEE — KAREN
DEIGL (HOSPITAL DISTRICT) TO SERVE AS PROJECT
MANAGER FOR THE COUNTY............................................................19
1LL1. PUBLIC WORKS — CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT — ARCADIS G & M, INC. —
WIDENING OF 20TH AVENUE FROM 25TH STREET SW TO
21ST STREET SW — PROJECT NO. 0541 ...............................................20
January 03, 2006 4
11.I.2. PUBLIC WORKS - RIGHT-OF-WAY ACQUISITION -
AGREEMENT WITH WAYNE COLLIER, OWNER - 58TH
AVENUE SOUTH OF OSLO ROAD - FUTURE 58TH AVENUE
ROADWAY WIDENING..........................................................................20
11.J.1. UTILITIES SERVICES - TUSCANY LAKES SUBDIVISION -
DEVELOPER'S AGREEMENT - WOODSIDE TUSCANY, LLC ..... 21
11.J.2. UTILITIES SERVICES - EXTENSION OF ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT ALTERNATIVE WATER
SUPPLY COST SHARE AGREEMENT FOR INTEGRATED
WATER RESOURCES PROGRAM TO REDUCE
STORMWATER AND REVERSE OSMOSIS CONCENTRATE
INTO THE INDIAN RIVER LAGOON (UPC 2097) - CHANGE
ORDERNO.2..............................................................................................22
13.A (FORMER) CHAIRMAN THOMAS S. LOWTHER - CITRUS
CANKER MEETING.................................................................................22
13.B. VicE CHAIRMAN ARTHUR R. NEUBERGER -
RECONSIDERATION OF FOUR-LANING 27TH AVENUE AND
43" AVENUE..............................................................................................23
14.A. EMERGENCY SERVICES DISTRICT..................................................25
14.B. SOLID WASTE DISPOSAL DISTRICT.................................................25
14.C. ENVIRONMENTAL CONTROL BOARD.............................................25
January 03, 2006 5
January 03, 2006
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 251h Street, Vero Beach, Florida, on
Tuesday, January 03, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice
Chairman Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary
C. Wheeler. Also present were County Administrator Joseph A. Baird, County Attorney
William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Ilea
M. Petsel.
1. CALL TO ORDER
Chairman Lowther called the meeting to order.
2. INVOCATION
Reverend Tri Tan Pham, St. Helen Catholic Church, delivered the Invocation.
January 03, 2006 1
3. PLEDGE OF ALLEGIANCE
Joseph A. Baird, County Administrator, led the Pledge of Allegiance to the Flag.
ELECTION OF CHAIRMAN
Chairman Lowther asked if there were any nominations for Chairman.
Commissioner Davis NOMINATED Vice Chairman
Neuberger, SECONDED by Chairman Lowther, the Board
unanimously appointed Vice Chairman Neuberger as
Chairman for 2006.
ELECTION OF VICE CHAIRMAN
Chairman Neuberger asked if there were any nominations for Vice Chairman.
Commissioner Lowther NOMINATED Commissioner
Wheeler, SECONDED by Commissioner Davis, the Board
unanimously appointed Commissioner Wheeler as Vice
Chairman for 2006.
CONSTITUTIONAL OFFICERS OATH OF OFFICE
ERRONEOUSLY PLACED ON THE AGENDA
January 03, 2006 2
7. CONSENT AGENDA
Items 7.I., 7.1, and 7.W. were pulled from the Consent Agenda for discussion.
7.A. REPORTS
The following reports have been received and are on file in the office of the Clerk to
the Board:
1. Fellsmere Water Control District — Bi -Monthly Meetings for FY 2006
2. Delta Farms Water Control District — 2005 Audit Report and Annual
Local Government Financial Report and Minutes of the Board of
Supervisors for the fiscal year ending September 30, 2005
3. Town of Indian River Shores Zoning Map Amendment, Ordinance 478-A
7.B. APPROVAL OF WARRANTS — DECEMBER I -8, 2005
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
December 1 - 8, 2005, as requested.
7.C. APPROVAL OF WARRANTS - DECEMBER 9-I S. 2005
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
December 9-15, 2005, as requested.
January 03, 2006 3
7.D. APPROVAL OF WARRANTS - DECEMBER 15-22.2005
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
December 15-22, 2005, as requested.
7.E. REALIGNMENT OF COMMITTEE MEMBERS ON THE AGRICULTURE
ADVISORY COMMITTEE (AAC) — (I) ROBERT ADAIR, JR. AS THE
ASSOCIATION INDUSTRY APPOINTEE - (2) KEVEN O'DARE AS THE
VEGETABLE INDUSTRYAPPOINTEE
The realignment was noted for the record.
7.F. RESIGNATION OF RALPH LINDSEYAAC (AGRICULTURE ADVISORY
COMMITTEE) AS THE IRRIGATIONIND usTRYAPPOINTEE
The resignation noted for the record.
7.G. RESIGNATION FROM THE EMERGENCY SERVICES DISTRICT
(ESDA C) AD VISOR Y COMMITTEE- .JAY SMITH (DISTRICT 5)
The resignation noted for the record.
7.H. RESIGNATION OF MICHAEL N. VANATTA - BEACH AND SHORE
PRESERVATIONADVISORY COMMITTEE
January 03, 2006 4
The resignation noted for the record.
U. APPOINTMENT OF DAVID BARNEY TO BEACH AND SHORE
PRESERVATION ADVISORY COMMITTEE — TO REPLACE MICHAEL
VANATTA
Items 7.I. and 7.J. were heard together.
There were two recommendations (David Barney by Chairman Neuberger [7.I.]
and Cheryl Gerstner by Commissioner Davis [7.J.]). The Chairman, therefore, requested that the
Executive Aide to the Board Kimberly Massung POLL the Commission on the two names
submitted.
Vice Chairman Wheeler — David Barney
Commissioner Davis — Cheryl Gerstner
Chairman Neuberger — David Barney
Commissioner Bowden — David Barney
Chairman Lowther — Cheryl Gerstner
David Barney was appointed to the Beach and Shore Advisory Preservation
Advisory Committee.
7J A pops nr�rrm nL- !AE -R4; !='rnyTAEn BEACH AND SHORE
ADVISORY PRESERVATION ADVISORY COMMITTEE — TO REPLACE
MICHAEL VANATTA
See 7.I. above.
January 03, 2006 5
7.K. WORKERS' COMPENSATION SETTLEMENT — PATRICIA MEZZINA
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
the settlement of this claim in the mediated amount of
$140,000.00 that includes an attorney's fee and Medicare
set-aside funds, as recommended in the memorandum of
December 13, 2005.
U. RESOLUTION 2006-OOI -ANNUAL SIGNATORIES — A UTMORm noN
FOR COUNTY ADMINISTRATOR TO DECLARE STATES OF
EMERGENCY
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution 2006-001, Directing Depositories of County
funds to honor certain authorized signatures on County
checks, warrants, and other orders for payment; Providing
for Board of County Commissioners and Clerk of the
Circuit Court Signatories; rescinding Resolution No.
2005-001; delegating authority to the County
Administrator to declare states of local emergencies and to
act in a State of Florida declared emergency affecting
Indian River County.
January 03, 2006 6
7.M. PROCLAMATION AND RETIREMENT A WARD FOR KENNETH L. JAY —
15 YEARS OF SERVICE
The proclamation noted for the record.
7.N. CHOOSE LIFE LICENSE PLATE FUNDING — DISTRIBUTION OF
FUNDS TO CARE NET PREGNANCY CENTER OF INDIAN RIVER
COUNTY
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
the advance distribution of Choose Life License Plate
funds to Care Net Pregnancy Center of Indian River
County with the stipulation that all fund expenditures must
be in accordance with Florida Statutes, Sections
320.08056 and 320.08058(30), as recommended in the
memorandum of December 27, 2005.
7.0. RESOLUTION 2006-002 — MISCELLANEOUS BUDGET AMENDMENT
005
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution 2006-002 amending the budget for fiscal year
2005-2006.
January 03, 2006 7
7.P. SIEMENS BUILDING TECHNOLOGIES. INC — VENDOR REQUEST FOR
ADDENDUM TO PURCHASE ORDER #37959 — UTILITIES
DEPARTMENT/OPERATIONS COMPLEX
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously accepted
(1) addendum 1 to Purchase Order 437959 (2) authorized
the Purchasing Manager to sign addendum 1 and
incorporate it as part of the Purchase Order, as
recommended in the memorandum of December 20, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.0. NORTH COUNTY RO WATER PLANT — REMOVAL OF
CONTAMINATED WASTE OIL SOIL - GEOSYNTEC CONSULTANTS.
INC — WORKAUTHORmTIONNo. 3
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
Work Authorization No. 3 to GeoSyntec Consultants, Inc.
and authorized the Chairman to execute the Work
Authorization, as recommended in the memorandum of
December 22, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
January 03, 2006 8
7.R. SOUTH COUNTY RO WATER PLANT — UST (UNDERGROUND
STORAGE TANK) CLOSURE. SOURCE REMOVAL, AND AST (ABOVE
GROUND STORGE TANK) INSTALLATION — GEOSYNTEC
CONSULTANTS. INC., WORK UTHORIZATION NO. FR073 7
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
Work Authorization No. FR 0737 to GeoSyntec
Consultants, Inc. and authorized the Chairman to execute
the Work Authorization, as recommended in the
memorandum of December 22, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.S. BLOCK VILLA SUBDIVISION, 20TH AVENUE AT 9TH PLACE — BID NO.
7079—LABOR CONTRACT WORK AUTHORIZATIONNo. 2005-017—
INSTALLATION OF WATER MAIN
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
the project for an estimated cost of $8,013.54, Work
Authorization No. 2005-017 for labor in the amount of
$4,259.35 to the Utilities Department Labor Contractor,
and authorized the Chairman to sign, as recommended in
the memorandum of December 20, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
January 03, 2006 9
7.T UTILITIES ,SERVICES - ,SEA OAKS PROPERTY OWNERS
ASSOCIATION. INC — FIRST AMENDMENT TO ANNEX I LICENSE
AGREEMENT FOR USE OF COUNTYPROPERTY
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
the First Amendment to License Agreement for the use of
County property, as recommended in the memorandum of
December 22, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.U. UTILITIES ,SERVICES - RIVER LAKES ESTATES POWER
DISTRIBUTION PANELS — FINAL PAY TO PARAGON ELECTRIC OF
VERO, INC
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
final payment to Paragon Electric of Vero, Inc. in the
amount of $71,820.00, as recommended in the
memorandum of December 6, 2005.
7. V MASTELLER, MOLER AND REED — FINAL PAYMENT TO
CONSULTANT — ,SURVEY ,SERVICES FOR 35 ACRES EAST OF
CENTRAL WWTF
January 03, 2006 10
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
Invoice No. 77-1289 — Final as Final payment to the
Consultant, Masteller, Moler and Reed, in the amount of
$12,000.00, as recommended in the memorandum of
December 6, 2005.
7. W FLOODPLAIN STORAGE WAIVER — PULLIN MULTI -FAMILY SITE
PLAN AND PRELIMINARY PLAT APPLICATION — CARTER
ASSOCIATES INC
Mr. Nyberg, Floravon Shores, expressed his concerns regarding Mr. Pullins'
Floodplain Storage Waiver.
Public Works Director Jim Davis explained why this type of waiver would be
allowed.
project.
Discussion ensued on issues that Mr. Pullins will have to overcome regarding his
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
Alternative No. 2, to deny the floodplain storage waiver
and require on-site compensation for the proposed
floodplain displacement per above discussion.
7.X. HURRICANE DEBRIS REMOVAL MONITOR AND SUPERVISOR
STAFFING HEEL-SCHAFFER, INC — RELEASE OF RETAINAGE
January 03, 2006 11
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
the release of retainage in the amount of $25,342.22 from
account 441121734-033190-04037 and -04038, as
recommended in the memorandum of December 9, 2005.
7. Y. FINAL INVOICE AND FINAL RELEASE OF RETAINAGE FOR WORK
ORDER NO. 2 TO THE PROFESSIONAL ,SERVICES AGREEMENT —
CARTER ASSOCIATES. INC — INSTALLATION OF THE TILTING WEIR
GATES IN THE INDIAN RIVER FARMS WATER CONTROL DISTRICT
CANALS
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously
authorized payment of the Engineer's Final Application
for Payment (including release of retainage) in the amount
of $9,383.46, as recommended in the memorandum of
December 19, 2005.
7.Z. BEACH PRESERVATION - APPLIED TECHNOLOGY AND
MANAGEMENT. INC (ATM) MITIGATION REEF CONSTRUCTION -
CONTRACT AMENDMENT 8 - FINAL PAYMENT AND RELEASE OF
RETAINAGE
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
January 03, 2006 12
the release and retainage to ATM, in the amount of
$1,716.00, as recommended in the memorandum of
October 3, 2005.
7.AA CITRUS BEST MANAGEMENT PRACTICES (BMP) GRANT - FLORIDA
DEPARTMENT OF A GRICUL TURE AND CONSUMER SERVICES
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
the grant contract, accepting the $75,000.00 FDACS grant
for citrus best management practices installations, as
recommended in the memorandum of December 21, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.BB GENERAL SERVICES -BUILDINGS AND GROUNDS DIVISION - BID
AWARD #2006039 ELEVATOR MAINTENANCE -- GENERAL
ELEVATOR SALES & SERVICE, INC
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously awarded
the bid as follows (1) Waived the irregularity of omission
of the monthly inspection fee and permit issuance of a
separate purchase order for the annual inspection fee; (2)
Awarded the Bid to General Elevator Sales & Service,
Inc., as the only responsive and responsible bidder to
submit a response to the Invitation to Bid; (3) Authorized
January 03, 2006 13
the Purchasing Division to issue blanket purchase orders
or individual job purchase orders, as needed, for the period
of January 2006 through September 30, 2006 with the
recommended Bidder; and (4) Authorized the Purchasing
Manager to renew this bid for two additional one year
periods subject to satisfactory performance, zero cost
increase, vendor acceptance and the determination that
renewal of this annual bid is in the best interest of Indian
River County, as recommended in the memorandum of
December 20, 2005.
ZCCPUBLIC WORKS/ROAD AND BRIDGE DIVISION BID AWARD
#2006043 —ANNUAL BID FOR SOD (RE -BID) — TIERRA TURF, INC
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously awarded
Bid 42006043 to Tierra Turf, Inc. as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid;
authorized the Purchasing Division to issue blanket
purchase orders or individual job purchase orders, as
needed, for the period of January 2006 through September
30, 2006 with the recommended bidder; authorized the
Purchasing Manager to renew this bid for two additional
one year periods subject to satisfactory performance, zero
cost increase, and vendor acceptance and the
January 03, 2006 14
determination that renewal of this annual bid is in the best
interest of Indian River County, as recommended in the
memorandum of December 12, 2005.
7.DDFLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) -
EXTENSION OF JOINT PAR TICIPATIONAGREEMENTS - HURRICANES
FRANCES AND .JEANNE
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously
authorized the Chairman to execute the Letter of Time
Extension for Hurricane Frances and the Letter of Time
Extension for Hurricane Jeanne, as recommended in the
memorandum of December 21, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.EEAUTHORIZATION TO ADVERTISE AMENDMENTS TO ANIMAL
CONTROL ORDINANCE FOR PUBLIC HEARING ON JANUARY 17,
2006 — RESOL UTION UPDATING FEES.
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
advertisement of revisions to the Animal Control
Ordinance for Public Hearing on January 17, 2006, as
recommended in the memorandum of December 8, 2005.
January 03, 2006 15
9.B.I. PUBLIC DISCUSSION ITEM — STEVE LINO REGARDING
PETITION FOR ROAD MAINTENANCE WEST OF WILLOW
(FELLSMERE)
Steve Lino, 14090 85th Street, Fellsmere, requested to have the County grade 5
roads west of Willow Street: 79th Street, 81" Street, 83rd Street, 851h Street, and 87th Street. He
explained the reasons he felt they should be graded.
Discussion ensued on the location of the property, why impact fees could not be
used to grade the roads, and when the roads were platted.
Public Works Director Jim Davis gave a history of the Board's decisions regarding
this policy. He suggested that the property owners work with the County by donating rights-of-
way and pay to get the road up to standard. Director. Davis pointed out the purchaser gets the
property at a lower price when bought with substandard roads.
Discussion ensued regarding an agreement with the Fellsmere Farms Water
Control District from 1978. Some residents of the subject properties do not want a grader on
their property.
Commissioner Davis stated he would prefer to meet with the residents from the
subject roads and take this matter one step at a time.
Leroy Kelly, who is building a house next to Mr. Lino's, presented a memo
regarding an agreement from 1979. He stated the dollar amount of how much the taxes have
increased. He requested that the person doing the grading across the road also grade the subject
roads. Mr. Kelly felt grading some roads in the area and not all the roads was unfair.
There was CONSENSUS that Commissioner Davis would
meet with the residents west of Willow Road to workout a
solution for road grading.
January 03, 2006 16
9.B.2. PUBLIC DISCUSSION ITEM - ALFRED C. BALDWIN -
LINDSEY LANES SUBDIVISION SWALE AND ROAD
IMPROVEMENT ISSUE
Alfred C. Baldwin, Lindsey Lanes, thanked the Board and any County employees
involved with the Lindsey Lanes Swale and road improvement issues. He complimented Code
Enforcement and County Administrator Baird's office for their promptness.
NO ACTION REQUIRED OR TAKEN.
9.B.3. PUBLIC DISCUSSION ITEM - GEORGE SIGLER - 27TH
AVENUE AND 43" AVENUE
George Sigler, owner of property on 27' Avenue, feared not being able to develop
his properties on 27th Avenue due to the lack of concurrency. He felt it was a disservice to the
public not to widen the roads, and that the County is reacting too late, because developers are
already unable to proceed with construction. He suggested synchronizing the seven (7) lights on
Oslo Road, rerouting the traffic flow from Oslo Road to SR -60 until the roads are widened.
NO ACTION REQUIRED OR TAKEN.
January 03, 2006 17
9.B.4. PUBLIC DISCUSSION ITEM — ADRIENNE CUFFE
REGARDING ROADS AND GROWTH - DIAN GEORGE
REGARDING VIGILANCE REOUIRED FOR 43RD AND 27TH
AVENUES
Adrienne Cuffe, 695 43rd Avenue, explained that this issue has been addressed a
number of times and the residents have voiced their opinions loud and clear. She said there is no
room for five lanes, and the residents prefer three lanes with sidewalks. She discussed the
previous election, what the County population would be at build -out, and properly planning for
expansion.
Dian George, 1515 27th Avenue, felt the Board had tunnel vision regarding 43rd
Avenue and gave a history of the Commission's previous decisions regarding this issue.
NO ACTION REQUIRED OR TAKEN.
9.B.5. PUBLIC DISCUSSION ITEM — JERRY SWANSON
REGARDING THE 43" AVENUE WIDENING PROJECT
Jerry Swanson recalled what happened at the December 21, 2005 MPO meeting.
He felt this problem is very complex and there is not enough infrastructure to support the
residents moving to the County. He stated it was time for everyone to get together to discuss the
greater good of Indian River County, not what the minority of residents want.
NO ACTION REQUIRED OR TAKEN.
January 03, 2006 18
(C'lerk's Note: Chairman Neuberger called for a recess at 10:29 a. in. (for closed
captioning). The meeting uvas reconvened at 10: 37 a. in. with all members present.)
11.C.1. GENERAL SERVICES — NEW COUNTY ADMINISTRATION
BUILDING - REVISION TO GUARANTEED MAXIMUM
PRICE (GMP) AND OWNER'S CONTINGENCY
General Services Director Tom Frame explained what this item involves.
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Bowden, the Board unanimously
approved the revised figures of $303,500.37 as the
Owner's Contingency, accepted the revised GMP at
$31,839,308.36, and authorized the County Administrator
to approve revised deductive change orders that make
these changes, as recommended in the memorandum of
December 22, 2005.
11.C.2. GENERAL SERVICES — RFO #2006019 - MGT OF AMERICA
INC. SELECTED TO PROVIDE NEEDS ASSESSMENT PLAN
— CHILDREN'S SERVICES ADVISORY COMMITTEE —
KAREN DEIGL (HOSPITAL DISTRICT) TO SERVE AS
PROJECT MANAGER FOR THE COUNTY
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Davis, the Board unanimously selected
January 03, 2006 19
MGT of America, Inc. as the top ranked firm in response
to RFQ 42006019; accepted Karen Daigle with the
Hospital District as the Project Manager for coordination
with the Consultant and the County; approved the
proposed agreement and authorized the Chairman to
execute the same subject to receipt of all the contributor's
funds which when added to the County's $45,133 will
provide a total funding of $97,000, and subject to the prior
execution of the agreement by MGT of America, Inc., as
recommended in the memorandum of December 22, 2005.
11.I.1. PUBLIC WORKS — CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT — ARCADIS G & M, INC. —
WIDENING OF 20TH AVENUE FROM 25TH STREET SW TO
21ST STREET SW — PROJECT NO. 0541
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Bowden, the Board unanimously
authorized the Chairman to execute the Agreement with
Arcadis G & M, Inc., as recommended in the
memorandum of December 6, 2005.
11.I.2. PUBLIC WORKS — RIGHT-OF-WAY ACOUISITION —
AGREEMENT WITH WAYNE COLLIER, OWNER - 58TH
AVENUE SOUTH OF OSLO ROAD — FUTURE 58TH AVENUE
ROADWAY WIDENING
January 03, 2006 20
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Davis, the Board unanimously approved
the $91,100.00 purchase and authorized the Chairman to
execute the Agreement to Purchase and Sell Real Estate,
as recommended in the memorandum of December 8,
2005.
11.11. UTILITIES SERVICES - TUSCANY LAKES SUBDIVISION -
DEVELOPER'S AGREEMENT - WOODSIDE TUSCANY, LLC
Director of Utility Services Eric Olson explained that the project is an extension of
an agreement to extend a water main.
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Bowden, the Board unanimously
approved the Developer's Agreement, authorized the
Utilities Department to recover capacity charges and line
extension fees from future development, and authorized
the Chairman to execute the Agreement, as recommended
in the memorandum of December 20, 2005.
January 03, 2006 21
11.J.2. UTILITIES SERVICES - EXTENSION OF ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT ALTERNATIVE WATER
SUPPLY COST SHARE AGREEMENT FOR INTEGRATED
WATER RESOURCES PROGRAM TO REDUCE
STORMWATER AND REVERSE OSMOSIS CONCENTRATE
INTO THE INDIAN RIVER LAGOON (UPC 2097) - CHANGE
ORDER NO. 2
ON MOTION by Commissioner Lowther, SECONDED
by Commissioner Davis, the Board unanimously accepted
the 18 -month grant extension in the amount of
$125,000.00 from SJRWMD, and authorized the
Chairman to execute the Change Orders, as recommended
in the memorandum of December 8, 2005.
DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13.A (FORMER) CHAIRMAN THOMAS S. LOWTHER - CITRUS
CANKER MEETING
There was CONSENSUS for Chairman Neuberger to
contact Agriculture Commissioner Charles H. Bronson to
work out a time that he would be available to attend the
Citrus Canker meeting.
January 03, 2006 22
13.B. ViCE CHAIRMAN ARTHUR R. NEUBERGER —
RECONSIDERATION OF FOUR-LANING 27TH AVENUE AND
43" AVENUE
Chairman Neuberger is in favor of widening 43rd and 27th Avenues after gathering
more information. He proposed that the County get back on track with four-laning of the subject
avenues.
Commissioner Wheeler felt there are solutions other than five-laning the subject
avenues. He agreed with the Board's last decision to deny the five-laning.
Commissioner Lowther commented that a project could be designed that all of the
residents would like.
Public Works Director Jim Davis indicated the proposed median would not fit
unless additional right-of-way is acquired.
Discussion ensued on the possibility of a three -lane expandable bridge, the current
traffic count, the affects St. Lucie County traffic is having on Indian River County roads, safety
issues, capacity percentages, three-laning all the way to the south county line, and traffic
concurrency.
Jim Copeland suggested five-laning 58th Avenue to St. Lucie County to help
alleviate some of the problems on 43rd Avenue.
Traffic Engineer Chris Mora explained that five-laning 58th Avenue would not
solve the problems on 43rd and 27th Avenue. He stated staff felt that the roads have to be widened
to accommodate traffic.
Adrienne Cuffe asked why Oslo Road to 8th Street was never taken into account
during Planning and why the County was concerned about what St. Lucie County is planning.
Ann Burleson, Forest Lakes, commented that not enough information has been
given to residents to warrant five-laning 43rd and 27th Avenues.
January 03, 2006 23
Donna Wilson, Glendale Lakes, believed five-laning 43rd and 27th would destroy
the neighborhood.
Bob Johnson, Coral Wind Subdivision, read his prepared notes (copy on file). He
suggested staff study the widening of critical intersections, to make the proposed bank (Indian
River National Bank) part of the new PD (Planned Development) on 27th Avenue, so needed
concurrency could be obtained. The bank could buy the concurrency from the developer, and
review the government's responsibility to ensure private commercial business makes a profit.
Dian George stated the aquifers are low.
Andy Biendorf, President of Indian River National Bank, asserted he did not
lobby any of the Board members. He said the bank is not the only business affected by the
concurrency issue and the Board should make a plan to fix this problem.
Margaret Derwin, 545 43rd Avenue, did not understand how concurrency could
be sold. Her greatest concern was the school children's safety on 43rd and 27th Avenues.
Ron Bear, 4055 51" Avenue (work address), explained current traffic issues
around 43rd and 27th Avenues and he predicted an increase of danger if the avenues are widened.
He suggested that staff look at the traffic signals to help with traffic flow.
Joseph Paladin, Chairman of the private sector Growth Awareness Committee
(GAC) and President of Atlantic Coast Construction Company, stated the GAC is working on
solutions regarding the concurrency issues. He explained all issues that require a decision from
the Board should be looked at individually.
Commissioner Wheeler stressed his objection was not to stop construction but to
maintain the character of the community.
Chairman Neuberger thought by bringing this item back to the Board some new
ideas might be brought to the table.
Steve Smith, Seminole Shores, suggested using Beachland Boulevard as a model
for 43rd and 27th Avenues, which may ease resident's minds.
January 03, 2006 24
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
None.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 12:12 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved:
ip
January 03, 2006 25