HomeMy WebLinkAbout11/15/2005 (2)
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Administration Building C O M M I S S I O N A G E N D A C O M M I S S I O N A G E N D A I S S I O N A G E N D AC O M M
IMPLEMENTATION
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
C O M M I S S I O N A G E N D A
TUESDAY, NOVEMBER 15, 2005 - 9:00 A.M.
County Commission Chamber
County Administration Building
th
1840 25 Street. Vero Beach, Florida, 32960-3365
WWW.IRCGOV.COM
COUNTY COMMISSIONERS
Thomas S. Lowther, Chairman District 4 Joseph A. Baird, County Administrator
Arthur R. Neuberger, Vice Chairman District 2 William G. Collins II, County Attorney
Sandra L. Bowden District 5 Kimberly Massung, Executive Aide to BCC
Wesley S. Davis District 1 Jeffrey K. Barton, Clerk to the Board
Gary C. Wheeler District 3
PAGES
1.
CALL TO ORDER 9:00 A.M. – ALL PRESENT
Reverend Tom Harris, Associate Pastor
2.
INVOCATION
First Presbyterian Church
Commissioner Gary C. Wheeler
3.
PLEDGE OF ALLEGIANCE
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Moved Item 5.E to 7.U
Emergency Item – 11.I.2 – Dune Restoration Construction Access Agreement –
Disney (Memorandum dated November 14, 2005)
Correction – 14.A.2 is broken down as 14.A.2(a) Agreement for Renovations of
Station 8 and 14.A.2(b) – Agreement for Renovations of Station 10
Approved
Page 1 of 12
November 15, 2005
PAGES
5.
PROCLAMATIONS and PRESENTATIONS
A. Proclamation Designating November 20 – 26, 2005 as Christian Heritage
Week in Indian River County 1
Presented to Bob Johnson, Board member of The American Family
Association by Commissioner Wheeler
B. Proclamation Designating November 15, 2005 as National Philanthropy Day
2
Presented to Terry Barkett by Commissioner Neuberger.
C. Proclamation Designating the Week of Thanksgiving, 2005 as Indian River
County Mayflower Day 3
Presented to Daniel Dragonnetti, Director of the Mayflower Society by
Commissioner Bowden.
D. Proclamation Designating November 18 – 24, 2005 as National Farm-City
Week 4
Presented to Tom Hill and Ward Gruden, Farm Bureau Board, by
Commissioner Davis.
E. Proclamation Honoring Joyce Johnston-Carlson on her Retirement from
Indian River County Human Services and the Children’s Services Advisory
Committee 5-6
Moved to 7.U
6.
APPROVAL OF MINUTES
None
7.
CONSENT AGENDA
A. Approval of Warrants
(memorandum dated November 3, 2005) 7-13
Approved
B. Quarterly Investment Report
(memorandum dated November 8, 2005) 14-26
Approved
Page 2 of 12
November 15, 2005
7.
CONSENT AGENDA (CONTINUED.) PAGES
C. Dori Slosberg Driver Education Safety Act Indian River County Traffic
Education Program Trust Fund
(memorandum dated November 8, 2005) 27-28
Accepted the report from the inception of the $3 fee, October 1, 2002
through September 30, 2005. Total amount received thru September 30,
2005 is $129,620.00.
D. Request for Authorization for Staff to Call Letter of Credit, Subdivision:
Amelia Plantation, Developer: Amelia Plantation Group, L.L.C. (Mark A.
Brackett, Manager)
(memorandum dated November 8, 2005) 29-48
Approved and adopted Resolution # 2005-188 authorizing staff to call the
existing Harbor Federal Savings Bank Irrevocable Letter of Credit No. 390,
as amended, in favor of Indian River County in the amount of remaining
amount of $227,217.63 on or before December 1, 2005.
E. Addendum No. 2 to “Agreement for Services” between Nick Miller, Inc. and
Indian River County – Murphy Act Reservation and Release Mapping Project
– Original IRC Project No. 0360
(memorandum dated November 8, 2005) 49-53
Approved Addendum No. 2 to the addendum/agreement and scope of
services for a lump sum of $5,600 and subsequent hourly fees for additional
additions as needed.
F. Oslo Road Bridge Replacement and Roadway Widening Engineering
Services Amendment No. 6 – 20” Water Main Utility Design Services Oslo
Road (CR606)/Lateral “J” Canal Bridge Replacement
(memorandum dated November 7, 2005) 54-56
Approved Amendment No. 6 to the Oslo Road Bridge Replacement and
Road Widening Professional Services Agreement with Kimley-Horn for the
hourly rate component of $8,100.
G. Bid Rejection for IRC Bid No. 2006024 Project No. 9705B Oslo Road
(CR606)/Lateral “J” Canal Bridge Replacement
(memorandum dated November 8, 2005) 57-60
Approved to reject bid and the project be re-advertised because of the
extreme difference between the bid and the engineer’s estimate.
Page 3 of 12
November 15, 2005
7.
CONSENT AGENDA (CONTINUED) PAGES
H. Civil Engineering and Land Surveying Agreement for Intersection
th
Improvements at 58 Avenue and SR 60 Amendment No. 2
(memorandum dated November 7, 2005) 61-71
Authorized the Chairman to execute the Amendment No. 2 as written. The
total cost of the lump sum components of Amendment No. 2 is $330,575.00.
The total fee for the hourly not-to-exceed components of Amendment No. 2
is $36,000.00. Adding this Amendment to the current contract amount of
$157,565 results in a new contract amount of $524,140.00.
I. Agreement Between Indian River County and John’s Island – Dune
Restoration
(memorandum dated November 7, 2005) 72-77
Approved agreement and authorized the Chairman to execute the
Agreement between Indian River County and John’s Island for dune
restoration.
J. Interlocal Agreement Between Indian River County and Sebastian Inlet Tax
District – Sectors 1 & 2 Beach Renourishment
(memorandum dated November 7, 2005) 78-85
Approved agreement and authorized the Chairman to execute the
Agreement between Indian River County and the Sebastian Inlet Tax
District for Sectors 1 & 2 Beach Renourishment.
K. FIND Project Agreement IR-05-39 Phase II-A Jungle Trail Shoreline
Stabilization Project
(memorandum dated October 25, 2005) 86-125
Approved agreement and authorized the Chairman to execute. Additional
funds are eligible for 50% cost sharing with FIND not to exceed $73,700.
Page 4 of 12
November 15, 2005
7.
CONSENT AGENDA (CONT’D.) PAGES
L. Bid Award of IRC Bid # 2006021 Annual Bid for Asphalt Paving and
Resurfacing, Public Works Department / Road and Bridge Division
(memorandum dated November 2, 2005) 126-149
Awarded Items #1 through #12 to Dickerson Florida, Inc. as the lowest
most responsive and responsible bidder meeting the specifications as set
forth in the Invitation to Bid; Awarded Items #13 to multiple vendors,
Dickerson Florida, Inc., Community Asphalt Corporation, Elmo Greer &
Sons, LLC, and Ranger Construction. A multiple bid allows the County
Road and Bridge Division to pick up the material at a plant closest to the
job site. Authorize the Purchasing Division to issue blanket purchase
orders or individual job purchase orders, as needed, for the period of
October 1, 2005 through September 30, 2056 with the recommended bidder.
Authorized the Purchasing Manager to renew this Bid for two (2)
additional one (1) year periods subject to satisfactory performance, zero
cost increase, vendor acceptance and the determination that renewal of this
annual contract is in the best interest of the County. The projected
expenditures for 2006 are $1,800,000.00.
M. Contract Amendment between Indian River County and Turner Construction
Company for Construction Management Services for Proposed New
Emergency Operations Center (EOC)
(memorandum dated November 9, 2005) 150-153
Approved Contract Amendment No. 3 for a pre-construction fee of
$60,000.00 along with a reduction of the performance bond from 125% to
100% and authorized the Chairman to execute the agreement.
N. Request for Authorization to Waive the Formal Bid Process for the South
County Water Plant Roof Replacement
(memorandum dated November 9, 2005) 154-159
Authorized the waiving of the formal bid process and further authorized the
Purchasing Division to issue a purchase order in the amount of $58,590.00
to Energy Coatings Corp. of Vero Beach.
O. Greenleaf Subdivision Water Assessment Project Approval of Change Order
No. 1 and Final Payment to Contractor
(memorandum dated November 3, 2005) 160-166
Approved Change Order No. 1 for a decrease of -$6,323.03 for a total
project cost of $33,894.30 approved the Application for Pay Request No. 1
in the amount of $33,894.30 to Danella Companies, Inc. as presented.
P. Joyal Enterprises’ Request to Modify Street Names for Park Lane Estates
(memorandum dated October 25, 2005) 167-171
Approved staff recommendation to grant approval of the revised final plat
for Park Lane estates subdivision.
Page 5 of 12
November 15, 2005
7.
CONSENT AGENDA (CONT’D.) PAGES
Q. Board Consideration to Approve Contract with The Conservation Fund for
Environmental Land Acquisition Consultant Services
(memorandum dated November 8, 2005) 172-186
Approved agreement with The Conservation Fund for Environmental Land
Acquisition Consultant Services.
R. Board Approval of an Urban and Community Forestry Grant Agreement with
the Florida Department of Agriculture and Consumer Services for Tree
Restoration at the ORCA South Link LAAC Site
(memorandum dated November 8, 2005) 187-217
Approved Urban and Community Forestry Grant Agreement with the
Florida Department of Agriculture and Consumer Services for Tree
Restoration at the ORCA South Link LAAC Site with a County match of
$47,600.00.
S. Oslo Road Bridge Replacement and Roadway Widening Engineering
Services Amendment No. 7 – Construction Services Oslo Road
(CR606)/Lateral “J” Canal Bridge Replacement
(memorandum dated November 7, 2005) 218-224
Approved Amendment No. 7 with Kimley-Horn for the lump sum
component of $20,000 and an hourly rate component of $15,000 for a total
contract amendment of $35,000.
T. Request to Approve the First Set of Home Again Housing Rehabilitation Bids
(3 bids)
(memorandum dated November 8, 2005) 225-227
Approved staff recommendation as follows for Housing Rehabilitation bids
to Ross Construction for Tommy McDougald in the total amount of
$44,694.72; for Shirley Allen in the total amount of $46,704.00; and James
Hagans, Jr. in the total amount of $46,682.50.
U. Proclamation Honoring Joyce Johnston-Carlson on her Retirement from
Indian River County Human Services and the Children’s Services Advisory
Committee
Approved
8.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGES
Page 6 of 12
November 15, 2005
A. Jeffrey K. Barton, Indian River County Clerk of the Circuit Court:
Revised Financial Report for Fiscal Year 2004-2005
(memorandum dated November 8, 2005) 228-229
Accepted revised Financial Report for FY 2004-2005 for additional excess
fees in the amount of $178,497.37 bringing the total amount of excess fees
for the year end at September 30, 2005 to $1,014,975.23.
B. David C. Nolte, ASA, Indian River County Property Appraiser:
Budget Amendment #2 for year ending September 30, 2006
(letter dated November 4, 2005) 230-231
Approved Budget Amendment # 2 for FY ending September 30, 2006.
Reduction of $8,880 for health insurance costs.
C. David C. Nolte, ASA, Indian River County Property Appraiser:
Acquisition of a new CAMA system
(letter dated November 9, 2005) 232-244
Approved Property Appraiser to purchase new CAMA system software.
Project cost $500,000 with $250,000 for software and license.
9.
PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Fred Wenisch’s Request for Abandonment of the Portion of 42 nd
Place (a 20’ wide alley) Lying between lots 42 and 43 of Pinson
\[Legislative\]
Subdivision
(memorandum dated November 1, 2005) 245-251
Approved and adopted Resolution # 2005-189.
2. Board Consideration to Approve Purchase of the “Diamond Tract –
ORCA South” Site under the County Environmental Lands Program
\[Administrative\]
(memorandum dated November 7, 2005) 252-288
Approved Diamond Tract – ORCA South assignment and
amendment option contract, authorized staff to close the purchase
and directed staff to apply for a Florida Communities Trust (FCT)
50% cost-share reimbursement grant under the next FCT grand
cycle.
3. Amendments to Chapter 401, Building Codes, adopting updated
Florida Building Code and International Property Maintenance
\[Legislative\]
Code
(memorandum dated November 8, 2005) 289-313
Approved and adopted Ordinance # 2005-048.
B. PUBLIC DISCUSSION ITEMS
Page 7 of 12
November 15, 2005
1. Request to Speak from Joseph Paladin, Chairman of the Growth
Awareness Committee of Indian River County, Regarding LDR 911 314
No Board Action
2. Request to Speak from Joseph Paladin, Chairman of the Growth
Awareness Committee of Indian River County, Regarding
Rights-of-Way 314
(letter dated November 7, 2005 - Additional back-up on file in the
Board of County Commission Office)
No Board Action
C. PUBLIC NOTICE ITEMS
None
10.
COUNTY ADMINISTRATOR’S MATTERS
None
11.
DEPARTMENTAL MATTERS
A.
Community Development
1. Consideration of Indian River County / School District of Indian
River County Memorandum of Understanding for Administration of
a DCA School Concurrency Grant
(memorandum dated November 8, 2005) 315-322
Approved Memorandum of Understanding (MOU) for
Administration of DCA School Concurrency Grant and
authorized the Chairman to execute the MOU.
2. Consideration of Planning and Zoning (P&Z) Commission
Recommendation on Development Project Notice
(memorandum dated November 8, 2005) 323-344
Approved the recommendation of the P&Z that on all projects
coming before the P&Z not otherwise noticed, a sign be posted by
the developer on the proposed site informing all abutters of the
pending application.
Break from 10:37 a.m. to 10:46 a.m.
11.
DEPARTMENTAL MATTERS - CONTINUED PAGES
A.
Community Development - Continued
Page 8 of 12
November 15, 2005
3. Consideration of School Concurrency Consultant Selection
Committee Recommendation
(memorandum dated November 8, 2005) 345-359
Approved consultant selection prioritization listed; authorized
staff to negotiate a contract with the number one ranked firm;
authorized staff to negotiate a contract with the number two
ranked firm if negotiations with the number one firm are
unsuccessful; authorized the Board Chairman to execute a school
concurrency consultant contract if staff negotiates a school
concurrency consultant contract that is less than the amount
provided to the County through the state funded subgrant
agreement with the FL Department of Community Affairs; and
authorized the Community Development Director to sign any
subsequent forms/items as needed.
Emergency Services
B.
None
General Services
C.
1. Joint Use Library Interlocal Agreement and Lease between Indian
River County and Indian River Community College
(memorandum dated November 8, 2005) 360-372
Approved the Interlocal Agreement and the Lease in substantially
the forms presented, and authorized the Chairman to execute both
documents after final approval of the County Administrator and
the County Attorney of the satisfactory resolution of the
remaining open issues in the documents, and notification that the
Board of Trustees for Indian River Community College has also
approved the documents.
Human Resources
D.
None
Human Services
E.
None
Leisure Services
F.
None
11.
DEPARTMENTAL MATTERS – CONTINUED PAGES
Office of Management and Budget
G.
None
Page 9 of 12
November 15, 2005
Recreation
H.
None
Public Works
I.
1. Final Design and Plans Preparation for CR 510 from CR 512 to east
th
of 75 Court
(memorandum dated November 3, 2005) 373-395
Approved staff recommendation of Alternative No. 1 authorizing
the Chairman to execute the Agreement as written.
2. Dune Restoration Construction Access Agreement – Disney
Emergency Item
(memorandum dated November 14, 2005)
Approved agreement in form and substance and authorized the
County Administrator to sign the agreement on behalf of the
County.
Utilities Services
J.
None
12.
COUNTY ATTORNEY
A. Appeal from Denial of Request for New Impact Fee Increase Exemption
Adams Homes of Northwest Florida, Inc. on behalf of Donna Astaphan-
Castillo and Adams Homes on behalf of Natalie S. Bromfield
(memorandum dated November 8, 2005) 396-404
No Board Action - Adams Homes was not present to represent themselves.
Attorney’s Office to place on next agenda.
B. Appeal from Denial of Request for New Impact Fee Increase Exemption
Pryor Homes, Inc. on behalf of Eligha Pryor Sr.
(memorandum dated November 8, 2005) 405-414
Approved the appeal of Pryor Homes on behalf of Eligha Pryor, Sr. and
granted him an exemption from the impact fee increase on four contracts.
12.
COUNTY ATTORNEY - CONTINUED PAGES
C. Appeal from Denial of Request for New Impact Fee Increase Exemption
The Inlet at Sebastian, Buildings C and D
(memorandum dated November 9, 2005) 415-418
Page 10 of 12
November 15, 2005
Approved the appeal of The Inlet at Sebastian LLC, Buildings C and D
and granted them an exemption from the impact fee increase on
Buildings C and D.
D. Request to Waive Interest on Demolition Lien
(memorandum dated November 4, 2005) 419-424
Denied request to waive the interest on demolition lien as presented by
Mr. Wilmet Lanier (total cost to pay off both the demolition lien and the
accrued interest totaled $9,944.15).
E. Special Act Requiring Super Majority Vote to Expand the Urban Service
Area Boundary
(memorandum dated November 8, 2005) 425-426
No Board Action - Commissioner Lowther withdrew comment for this
request.
12.
COUNTY ATTORNEY
F. Request for Permission to Retain Mediator to Resolve Dispute Concerning
the Lawton Property
(memorandum dated November 2, 2005) 427-428
Authorized the expenditure of up to $2000.00 to retain a state certified
mediator for the dispute and authorized Jim Davis, Public Works Director
to be the County’s designated representative to negotiate and recommend
a settlement offers to the Board of County Commissioners.
13.
COMMISSIONERS ITEMS
Commissioner Thomas S. Lowther, Chairman
A.
None
Commissioner Arthur R. Neuberger, Vice Chairman
B.
1. State Housing Initiatives Partnership (SHIP) Review
(memorandum dated November 9, 2005) 429-434
No Board Action – For Information Only
Commissioner Sandra L. Bowden
C.
None
13.
COMMISSIONERS ITEMS - CONTINUED PAGES
Commissioner Wesley S. Davis
D.
None
Page 11 of 12
November 15, 2005
Commissioner Gary C. Wheeler
E.
None
14.
SPECIAL DISTRICTS AND BOARDS - 11:42 A.M.
Emergency Services District
A.
1. Approval of Minutes Regular Meeting of September 13, 2005
Approved
2.(a) Agreements for Renovations of Stations 8 and 10
(back-up to follow)
Approved agreement and authorized the Chairman to execute the
same.
2.(b) Agreements for Renovations of Stations 8 and 10
(back-up to follow)
Approved agreement and authorized the Chairman to execute the
same.
Solid Waste Disposal District
B.
None
Environmental Control Board
C.
None
15.
ADJOURNMENT – 11:45 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.
Page 12 of 12
November 15, 2005