HomeMy WebLinkAbout01/09/2007 (2)11,1,11111 "Ian
11111 11111111
IMPLEMENTATION
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JANUARY 9, 2007 - 9:00 A.M.
County Commission Chamber
County Administration Building
1840 25th Street. Vero Beach, Florida, 32960-3365
WWW.IRCGOV.COM
COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Sandra L. Bowden, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Peter D. O'Bryan
District 3
District 5
District 1
District 2
District 4
Joseph A. Baird, County Administrator
William G. Collins II, County Attorney
Kimberly Massung, Executive Aide to BCC
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M. — ALL PRESENT
Stan Boling, Planning Director
Joseph A. Baird, County Administrator
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Deletion — 7.K - Appointment to the Planning and Zoning Commission
(Peter D. O'Bryan, Commissioner, memorandum dated January 2, 2007)
Note: No motion made to approve the deletion.
5. PROCLAMATIONS and PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular Meeting of October 24, 2006
Approved
PAGE
January 9, 2007 Page 1 of 10
6. APPROVAL OF MINUTES (CONT'D.) PAGE
B. Regular Meeting of November 7, 2006
Approved
C. Regular Meeting of November 14, 2006
Approved
7. CONSENT AGENDA
A. Reports on File in the Office of Clerk to the Board:
1. Delta Farms Water Control District Minutes of the Board of
Supervisors for the fiscal year ending September 30, 2006
2. Delta Farms Water Control District 2006 Audit Report and 2006
State of Florida Annual Local Government Financial Report
3. Indian River Farms Water Control District Minutes of the Board of
Supervisors meetings for the period of October 2005 through
September 2006
4. Clerk of Circuit Court — Report of Convictions, Month of September
2006
5. City of Fellsmere — recorded copy of Ordinance 06-26, voluntarily
annexing 78.77 ± acres
6. City of Fellsmere — recorded copy of Ordinance 06-27, voluntarily
annexing 391.84 ± acres
Approved
B. Approval of Warrants — December 8 — December 14, 2006
(memorandum dated December 14, 2006) 1-11
Approved
C. Approval of Warrants — December 15 — December 20, 2006
(memorandum dated December 20, 2006) 12-20
Approved
D. Approval of Warrants — December 21 — December 28, 2006
(memorandum dated December 28, 2006) 21-27
Approved
January 9, 2007 Page 2 of 10
7. CONSENT AGENDA (CONT'D.) PAGE
E. 2007 Committee Appointments and Re -Appointments
(memorandum dated December 29, 2006) 28-63
Approved
F. Out of County Travel for Chairman Wheeler to Serve on the Commission for
Florida Law Enforcement Accreditation Inc.
(memorandum dated January 2, 2007)
64-65
Approved
G. Out of County Travel to Attend the Treasure Coast Legislative Conference
February 12 — 14, 2007
(memorandum dated January 2, 2007)
66-67
Approved for Commissioners and staff to attend.
H. Blanket Authorization for Commissioners to Attend Assigned Committee
Meetings Out of County
(memorandum dated December 15, 2006)
68
Approved
Resignation and Appointment of District 4 Appointee to the Planning and
Zoning Commission
(memorandum dated December 26, 2006)
69-76
Accepted the resignation of Scott Chisholm and approved the appointment
of Greg Smith as the District 4 Appointee to the P&Z Commission.
ote: Mr. Smith's terra runs until January 2009.
J. Appointment to the Planning and Zoning Commission
(Sandra L. Bowden, Vice Chairman, memorandum dated January 2, 2007) 77-82
Approved the appointment of Dr. Richard H. Baker as a Member -at -Large
Appointee to the P&Z Commission replacing George Gross. Terra runs
until January 2009.
K. Appointment to the Planning and Zoning Commission
(Peter D. O'Bryan, Commissioner, memorandum dated January 2, 2007) 83-88
Withdrawn — No Board Action
L. Appointment to the Children's Services Advisory Committee
(memorandum dated January 2, 2007) 89-93
Approved the appointment of Erin Grall as the District 2 appointee to the
Children's Services Advisory Committee. Terra runs until January 2009.
January 9, 2007 Page 3 of 10
7. CONSENT AGENDA (CONT'D.) PAGE
M. Resignation from the Children's Services Advisory Committee
(memorandum dated January 2, 2007) 94-95
Accepted the resignation of Rolf Bibow as the District 4 Appointee to the
Children's Services Advisor), Committee.
N. Appointment to the Children's Services Advisory Committee Grant Review
Subcommittee
(memorandum dated December 29, 2006)
96-101
Ratified the appointment of Carol S. Mahony to the Children's Services
Advisory Committee Grant Review Subcommittee.
0. Foster IRC L.L.C.'s Request for Final Plat Approval for a Subdivision to be
Known as Huntington Place
(memorandum dated December 28, 2006)
102-131
Granted final plat approved for Huntington Place, and authorized the
Board Chairman to execute the Lot Clearing and Filling contract.
P. Approval of Agreement for Payment of Costs Associated with Creation of
the West Wabasso Street Lighting Municipal Service Benefit Unit
(memorandum dated December 15, 2006)
Q.
132-135
Approved the Agreement for Reimbursement of Costs for West Wabasso
Street Lighting Municipal Service Benefit Unit and authorized the
Chairman to execute the agreement
Work Order No. 10 (Engineering/Survey) Masteller, Moler, Reed & Taylor,
Inc., Indian River Drive Phase I, Right -of -Way Mapping Project
(memorandum dated December 19, 2006)
136-145
Approved Work Order No. 10 (Engineering/Survey) Masteller, Moler,
Reed & Taylor, Inc., Indian River Drive Phase I, Right -of- Way Mapping
Project and authorized the Chairman to execute the Work Order on their
behalf:
R. Third Amendment to the Memorandum of Understanding Between the St.
Johns River Water Management District and Indian River County for the
Sediment, Flow Reduction & Other Water Quality Improvements within the
Indian River Farms Water Control District
(memorandum dated December 28, 2006)
146-153
Approved the Third Amendment to the Memorandum of Understanding
Between the St. Johns River Water Management District and Indian River
County for the Sediment, Flow Reduction & Other Water Quality
Improvements within the Indian River Farins Water Control District and
authorized the Chairman to execute it on behalf of the County.
January 9, 2007 Page 4 of 10
7. CONSENT AGENDA (CONT'D.) PAGE
S. Indian River County Bid # 2007023 Wabasso Fishing Piers Rehabilitation
Public Works Department
(memorandum dated January 2, 2007) 154-155
Approved staff recommendation to reject the sole hid in the ainount of
$1,923,409.70. Approved for Public Works Department to re -hid the
project after review of the design details and investigation into less
expensive alternatives.
T. Supplemental Survey Services For: Phase One, Oslo Road Right -of -Way
Mapping Project Continuing Professional Survey Services Contract 0390
(memorandum dated December 29, 2006)
156-161
Approved Supplemental No. 2 to Work Order No. 7 (Engineering)
allowing for the completion of the phase one right-of-way mapping project
Continuing Professional Survey Services Contract 0390.
U. Supplemental Survey Services For: Phase Two, Oslo Road Right -of -Way
Mapping project Continuing Professional survey Services Contract 0390
(memorandum dated January 2, 2007)
162-167
Approved Supplemental No. 1 to Work Order No. 8 (Engineering)
allowing for the completion of the phase two right-of-way mapping project
Continuing Professional Survey Services Contract 0390.
V. Lakewood Terrace Subdivision Water Assessment Project, UCP No. 2317
Approval of Final Payment to Contractor and Release of Retainage, W.I.P.
No. 473-169000-03520
(memorandum dated December 13, 2006)
168-172
Approved the total project cost of $264,101.00 and Application for
Payment No. 2 — Final as final payment to the Contractor, Tri -Sure
Corporation, in the ainount of $13,205.05, as presented.
W. Century Town Center Developer's Agreement for Developer Contributions
to Intersection Improvements at State Road 60 and 58th Avenue
(memorandum dated December 27, 2006)
173-182
Approved Alternative # 1 Century Town Center Developer's Agreement
for Developer Contributions to Intersection Improvements at State Road
60 and 581/1 Avenue.
X. Sunrise Plaza Developer's Agreement for Developer Contributions to
Intersection Improvements at State Road 60 and 58th Avenue
(memorandum dated December 18, 2006)
183-193
Approved Alternative # 1 Sunrise Plaza Developer's Agreement for
Developer Contributions to Intersection Improvements at State Road 60
and 581/1 Avenue.
January 9, 2007 Page 5 of 10
7. CONSENT AGENDA (CONT'D.) PAGE
Y. Consideration of CDPIus Software Support Agreement
(memorandum dated January 2, 2007) 194-200
Approved the CDPlus Software Support Agreement and authorized the
Chairman to execute the agreement with Perconti Data ,Systems and
authorize payments of the invoice.
Z. Acceptance of Change Order No. 21 for the New County Administration
Buildings
(memorandum dated January 3, 2007)
201-206
Approved the Substantial Completion Date 60 days from 1/31/07 to 4/1/07
due to design changes and the Construction Change Directives; additional
cost of General Conditions for Change Order No. 21 is $287,643;
reallocate $240,000 from Contractor's Contingency to the Owner's
Contingency within the existing GMP; increase the Owner Contingency by
lin additional $240,00 resulting in lin Owner's Contingency containing
$654,833; release of $287,643 from the Owner's Contingency resulting in
cr balance of $367,190 in the Owner's Contingency.
8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
9. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearings for Upcoming Board Meeting
(memorandum dated January 3, 2007) 207
A. January 16, 2007 Meeting:
Board consideration to approve purchase of agricultural
conservation easements on the Sexton Ranch under the
county environmental land acquisition program
[Administrative]
B. January 23, 2007 Meeting:
Board consideration to approve purchase of the "Sebastian
Harbor Preserve" site under the county environmental land
acquisition program [Administrative]
No Board Action Required
January 9, 2007 Page 6 of 10
10. COUNTY ADMINISTRATOR MATTERS PAGE
None
11. DEPARTMENTAL MATTERS
A.
B.
C.
D.
E.
F.
G.
H.
Community Development
1. Consideration of the Status of Waterway Village's (DiVosta) Prior
Vested Units
(memorandum dated January 3, 2007)
208-233
Postponed to give staff time to coordinate with Attorney ,ch u bin to
have him available at a scheduled meeting on a certain date.
Emergency Services
None
General Services
None
Human Resources
None
Human Services
None
Leisure Services
None
Office of Management and Budget
None
Recreation
None
January 9, 2007 Page 7 of 10
11. DEPARTMENTAL MATTERS (CONT'D.) PAGE
Public Works
1. Work Order No. 1 to the Professional Civil Engineering Services
Agreement with Carter Associates, Inc. for Site Engineering and
Permitting for Indian River County Parks Maintenance Complex
IRC Project No. 0701
(memorandum dated January 2, 2007) 234-251
J.
J.
Approved Alternative # 1 — Authorized the Chairman to execute
Work Order No. 1 with Carter Associates, Inc. for a lump sum of
$44,025.00, plus N.T.E. for reimbursable expenses.
2. Award of Bid # 2007027 Indian River Drive South Sidewalk
Improvements, IRC Project # 0201, LAP Agreement
(memorandum dated December 27, 2006)
252-263
Approved Alternative # 1 — Award the hid to the lowest bidder, L.
II. Tanner Construction Corp., in the amount of $463,461.39 and
directed the Chairman to execute the agreement. $207,000.00 will
come from LAP Grant and balance funding from the One -Cent
Sales Tax General Sidewalk funding account.
Utilities Services
1. Falcon Trace Subdivision Water Main Extension Developer's
Agreement Final Pay Request and Release of Retainage, Indian
River County Project No. CDS/CCS 2087
(memorandum dated December 12, 2006)
264-271
Approved initial payment to Indian River Associates II, LLLP in
the amount of $183,632.35 and subsequent payments of
$44,501.52 for master planned water and force mains; and
$7,329.42 due to the developer as funds are collected from the
County from the 20 acre site designated as Area "B', up to a five
year period.
Utilities Services
2. Cloud Grove Water Application
(memorandum dated January 3, 2007) 272-274
Approved for staff to prepare a strong letter of objection for the
Cloud Grove Water Application on the basis of potential impacts
to the Upper Floridan Aquifer in Indian River County, hire
outside legal counsel and schedule a joint meeting with the St.
Lucie County Board of County Commissioners.
12. COUNTY ATTORNEY MATTERS
None
January 9, 2007 Page 8 of 10
13. COMMISSIONERS ITEMS PAGE
A.
B.
C.
D.
E.
Commissioner Gary C. Wheeler, Chairman
1. Amendment to County Code 102.06 to Allow the Chairman to
Make a Motion
(memorandum dated January 2, 2007)
275
Approved for staff to amend the Code to include language for the
Chairman to he able to pass the gavel and participate if he/she so
chooses.
WD/PO 3-2 (SB/IF opposed)
2. Resolution of Support Urging the Florida State Legislature to
Address in the Special Session Beginning January 16, 2007, the
Extreme Insurance Rate Increases Imposed upon the Residents and
Business Owners in Florida
(memorandum dated January 2, 2007)
276-280
Approved and adopted Resolution # 2007-001.
Commissioner Sandra L. Bowden, Vice Chairman
1. Update Report on Legal Services
Approved County Attorney to advertise for an additional County
Attorney earlier than budgeted for.
Note: Commissioner Bowden read into the record a Scope of
Service she had prepared.
2. Representing Indian River County with Treasure Coast Council of
Local Governments to lobby in Washington, D.C.
Approved Commissioner Bowden to he the representative for the
Indian River County Board to travel to Washington D.C. with
Commissioners from Martin, St. Lucie and Okeechobee counties
to lobby as a group in .February 14-17, 2007.
Commissioner Wesley S. Davis
Advised the Board he is moving forward with his fact finding on
the CR 510 and CR 512 project.
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Bryan
None
January 9, 2007 Page 9 of 10
14. SPECIAL DISTRICTS AND BOARDS PAGE
A. Emergency Services District
None
B.
C.
Solid Waste Disposal District — 10:38 .M.
1. Approval of Minutes:
A. Meeting of November 7, 2006
B. Meeting of November 14, 2006
Approved
2. Payment Request by Florida Power & Light to Relocate a Segment
of its Power Line at the County Landfill Site
(memorandum dated December 12, 2006)
281-282
Authorized ,S'WDD to prepay FPL $43,825.00 to relocate the
segment of the power line that exists within the C&D landfill
expansion footprint.
3. Annual Financial Reports
(memorandum dated December 19, 2006) 283-293
Approved
Environmental Control Board
None
15. ADJOURNMENT — 10:39 A.M.
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 at least 48 hours in advance of meeting.
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:
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.
January 9, 2007
Page 10 of 10