HomeMy WebLinkAbout11/07/2006 (4)
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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 C O M M I S S I O N A G E N D A
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 7, 2006 - 9:00 A.M.
County Commission Chamber
County Administration Building
th
1840 25 Street. Vero Beach, Florida, 32960-3365
WWW.IRCGOV.COM
COUNTY COMMISSIONERS
Arthur R. Neuberger, Chairman District 2 Joseph A. Baird, County Administrator
Gary C. Wheeler, Vice Chairman District 3 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
Thomas S. Lowther District 4
PAGE
1.
CALL TO ORDER 9:00 A.M. – ALL PRESENT
Pastor Ray Scent, G.O.D.S.
2.
INVOCATION
Commissioner Thomas S. Lowther
3.
PLEDGE OF ALLEGIANCE
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Additional backup – Item 5.B – Letter from City of Fellsmere dated November 6,
2006
Item 7.F - Replacement of pages 66-70
Item 12.A – All pages replaced due to missing items.
Approved
5.
PROCLAMATIONS and PRESENTATIONS
A. Presentation of Summary of Countywide Needs Assessment Report by MGT
of America, Inc. 1-24
Presentation by Nina Barrios, MGT of America, Inc. and Barbara Allan,
SRA Research Group, Inc. regarding the Countywide Needs Assessment
Report.
Page 1 of 12
November 7, 2006
5. PROCLAMATIONS and PRESENTATIONS (CONT’D.) PAGE
B. Presentation of Request from the City of Vero Beach for Permanent
Appointment to the Treasure Coast Regional Planning Council (TCRPC) 25-30
Consensus for municipalities to take to the Board of the TCRPC to work
out a solution for permanent appointments to the TCRPC and to inquire
about possible additional appointment or one other Governor’s
appointment.
C. Presentation of Proclamation Designating November 11, 2006, as Veterans
Day 31
Presented to Larry Wapnick and Joseph Martorana, Veteran’s Service
Council, by Chairman Neuberger.
D. Presentation of Cloud Grove Project by Florida Conservancy &
Development Group, LLC/Lennar Homes, Inc. 32
Presentation by representatives of Florida Conservancy & Development
Group, LLC c/o Lennar Homes, Inc.
6.
APPROVAL OF MINUTES
None
7.
CONSENT AGENDA
A. Reports Placed on File in the Office of the Clerk to the Board:
1. Fellsmere Water Control District Amended Annual Budget FY 05-06
2. St. Johns River Water Management District 2006-2007 Water
Resource Development Work Program - DVD
Approved
B. Approval of Warrants – October 13 – 19, 2006
(memorandum dated October 19, 2006) 33-42
Approved
C. Approval of Warrants – October 20 – 26, 2006
(memorandum dated October 26, 2006) 43-53
Approved
D. Proclamation Honoring Jonathan Turner for Attaining the Rank of Eagle
Scout 54
Approved
Page 2 of 12
November 7, 2006
7.
CONSENT AGENDA (CONT’D.) PAGE
E. Resolution Delegating to the County Administrator or Designee the
Authority to Execute Standard Modifications to Contracts for Construction
of Required Sidewalk Improvements and Accompanying Cash Deposit and
Escrow Agreements, if Applicable
(memorandum dated October 19, 2006) 55-64
Approved and adopted Resolution # 2006-173 delegating to the County
Administrator or designee the authority to execute standard Modifications
to Contracts for Construction of Required Sidewalk Improvements and
accompanying Cash Deposit and Escrow Agreements, if Applicable, so
long as the Modifications bear the approval signatures of both the Public
Works Director and Community Development Director and any Cash
Deposit and Escrow Agreements bear the approval signatures of the
County Attorney or designee and the Budget Director or his designee.
F. Pointe West of Vero Beach, Ltd.’s Request for an Extension to Complete
Remaining Sidewalks within Pointe West South Village, Phase I P.D.
(memorandum dated October 31, 2006) 65-70
Approved the Modification to Contract for Construction of Required
Improvements extending the date for completion to August 17, 2008
providing that an amended irrevocable letter of credit in the reduced
amount of $25,576.50 is in place prior to November 7, 2006 with an
expiration date of November 17, 2008 (90 days beyond the August 17, 2008
requested extension date); and authorized the Chairman to execute said
Modification. If the amended letter of credit is not received by the County
Attorney’s Office by 2:00 p.m. on Tuesday, November 7, 2006, the existing
Wachovia Irrevocable Letter of Credit Number SM217549W is to be called
and this Modification shall be null and void.
G. Seasons, P.D. Extension to Complete Remaining Sidewalk Segment
(memorandum dated October 25, 2006) 71-76
Approved the Fourth Modification to Contract for Construction of
Required Improvements providing that the existing Bank of America
Irrevocable Standby Letter of Credit Number 3063088 be amended to
reduce the amount to $2,295.00 and extend the expiration date to May 12,
2008 (90 days beyond the February 12, 2008 requested extension date);
and authorize the Chairman to execute said Fourth Modification.
Page 3 of 12
November 7, 2006
7.
CONSENT AGENDA (CONT’D.) PAGE
H. The Antilles Subdivision, Request from Developer, Antilles Vero Beach,
LLC, for an Extension to Complete Required Improvements
(memorandum dated November 1, 2006) 77-92
Approved the Modification to Contract for Construction of Required
Improvements provided that the existing Colonial Bank, N.A. Standby
Letter of Credit Number SB 992380 be amended to extend the expiration
date to March 22, 2007 which is 90 days beyond the December 22, 2006
requested extension date); and authorized the Chairman to execute said
Modification. Additionally, the amendment to said letter of credit must be
received no later than 2:00 p.m. on Tuesday, November 7, 2006 by the
County Attorney’s Office, otherwise staff is to call the letter of credit prior
to its November 16, 2006 expiration date.
I. Contract for Legal Services for Eminent Domain Cases
(memorandum dated October 31, 2006) 93-97
Approved the contract and to retain the law firm of Policastro & LeRoux,
P.A. as one of the firms under contract for eminent domain cases.
J. Quarterly Investment Report
(memorandum dated October 30, 2006) 98-110
Accepted the Quarterly Investment Report for the period of July 1, 2006
and ending September 30, 2006.
K. Excess Fee Report of the Indian River County Tax Collector’s Office
(letter dated October 30, 2006) 111-113
Approved 2006 Indian River County Tax Collector’s Excess Fee Report.
L. Miscellaneous Budget Amendment 025
(memorandum dated October 31, 2006) 114-116
Approved and adopted Resolution # 2006-174.
M. Dori Slosberg Driver Education Safety Act Grant Award, Miscellaneous
Budget Amendment 003
(memorandum dated October 24, 2006) 117-125
Approved and adopted Resolution # 2006-175.
N. Indian River County Health Department 2006/2007 Fee Schedule
(memorandum dated October 27, 2006) 126-141
Approved and adopted Resolution # 2006-176; and adopted the 2006/2007
Fee Schedule.
Page 4 of 12
November 7, 2006
7.
CONSENT AGENDA (CONT’D.) PAGE
O. IRC Jail Expansion Project Deductive Change Order Number 5
(memorandum dated October 27, 2006) 142-144
Approved Change Order Number 5 in the deductive amount of
($1,425,444.41) and authorized the Chairman to execute the said
document. The adjusted amount of the GMP for the Jail Expansion
Project is $18,092,801.83 following approval of Change Order Number 5.
P. Holiday Schedule for Indian River County Library System
(memorandum dated October 31, 2006) 145-147
Approved the holiday schedule as submitted for Thanksgiving, Christmas
and New Year’s Day for the Indian River County Library System.
Q. Acceptance Change Order No. 1 for the New Emergency Operations Center
(memorandum dated October 18, 2006) 148-233
Authorized the County Administrator to execute Change Order No. 1 for a
decrease to the GMP of $359,646 and an increase to the Owner’s
Contingency in the amount of $22,079 for the New Emergency Operations
Center.
R. Approval for Additional Meeting Room in New County Administration
Building
(memorandum dated November 1, 2006) 234-235
Approved for staff to move forward with the design and modification of the
meeting room I the former Elections Office Space with an understanding
that the staff will bring back for the Board’s approval an appropriate
Change Order as needed. SB/GW – 5-0
8.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Jeffrey K. Barton, Indian River County Clerk of Circuit Court:
Constitutional Officer Financial Report for Fiscal Year 2005-2006
(letter dated October 27, 2006) 236-237
Approved and accepted Constitutional Officer Financial Report for Fiscal
Year 2005-2006 in the amount of $545,216.46 from the Clerk of Circuit
Court.
B. Kay Clem, Indian River County Supervisor of Elections:
Constitutional Officer Financial Report for Fiscal Year 2005-2006
(letter dated October 31, 2006) 238-249
Approved and accepted Constitutional Officer Financial Report for Fiscal
Year 2005-2006 in the amount of $41,274.62 from the Supervisor of
Elections for Fiscal Year 2005-2006.
Page 5 of 12
November 7, 2006
8. PAGE
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
(CONT’D.)
C. David Nolte, Indian River County Property Appraiser:
1. Constitutional Officer Financial Report for Fiscal Year 2005-2006
(letter dated October 30, 2006)250-253
Approved and accepted Constitutional Officer Financial Report for
Fiscal Year 2005-2006 in the amount of $1,099.00 from the
Property Appraiser.
2. Budget Amendment #4 for Year Ending September 30, 2006
(letter dated September 28, 2006)254-255
Approved Budget Amendment # 4 for Year Ending September 30,
2006.
D. Roy Raymond, Indian River County Sheriff:
1. Constitutional Officer Financial Report for Fiscal Year 2005-2006
(letter dated October 25, 2006) 256-258
Approved and accepted Constitutional Officer Financial Report for
Fiscal Year 2005-2006 in the amount of $756,637.33 from the
County Sheriff.
2. Budget Amendment for Year Ending September 30, 2006
(letter dated September 30, 2006) 259-260
Approved
E. Charles W. Sembler, Indian River County Tax Collector:
Constitutional Officer Financial Report for Fiscal Year 2005-2006
(memorandum dated October 30, 2006) 261-269
Approved and accepted Constitutional Officer Financial Report for Fiscal
Year 2005-2006 in the amount of $2,393,235 from the Tax Collector for
Fiscal Year 2005-2006.
Break from 10:34 a.m. to 10:45 a.m
.
9.
PUBLIC ITEMS PAGE
Page 6 of 12
November 7, 2006
A. PUBLIC HEARINGS
1. Oslo Road Property Exchange with Christine Browning
(memorandum dated October 25, 2006) 270-277
Approved and adopted Resolution # 2006-177 which approves the
agreement between Indian River County and Christine Browning
relating to the exchange of real property; and authorized the
Chairman to execute the agreement and any deeds and documents
necessary to effectuate the exchange.
2. Second Public Hearing and Adoption of Resolution Expanding
Boundaries of County Seat, Office of the Supervisor of Elections
(memorandum dated October 27, 2006) 278-282
Approved Resolution # 2006-178 to expand the boundaries of the
County Seat to include the Office of the Supervisor of Elections at
rd
the new 4375 43 Avenue Complex.
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
Note: Board allowed Item 9.B.2 to be heard in front of 9.B.1
1. Request to Speak from Glenn Legwen Regarding Extension of
Demolition 283-285
Consensus to give Mr. Legwen 120 days extension (amount of
time for demolition bids to come in) and get whatever building
permits necessary for whatever buildings he plans to replace. To
be addressed when demolition bids come back to the Board.
2. Request to Speak from Michael O’Haire Regarding Authorization
of Location of Facility for Homeless in Residential Neighborhood 286
No Board Action – To continue through appeal process. Staff to
bring more information back to the next Commission meeting
(November 14, 2006) and email Commissioners any updates
before the next meeting.
3. Request to Speak from Joe Paladin, Growth Awareness Committee,
Regarding the Waiving of Form Board Inspections for Divosta 287-288
No Board Action
4. Request to Speak from Brian Heady Regarding Saving Tax Dollars
289
No Board Action
9.
PUBLIC ITEMS – CONT’D. PAGE
Page 7 of 12
November 7, 2006
B. PUBLIC DISCUSSIONS – CONT’D.
5. Request to Speak from Susan A. Thomasson, Vice President, Vero
Lake Estates Property Owners, Regarding Spraying Vegetation in
Swales with Toxic Chemicals 290-311
Consensus to give property owners the option to opt out from
having “Hardball or Roundup” sprayed near their home. Staff to
provide additional information to the Board regarding the
negative effects of Hardball.
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing November 14, 2006:
Amendment to Section 201.09(D) of Indian River County Code
\[Legislative\]
(memorandum dated November 1, 2006) 312
No Board Action
10.
COUNTY ADMINISTRATOR’S MATTERS
A.
2007 Fellsmere Frog Leg Festival
(memorandum dated November 1, 2006) 313-314
Approved to accommodate the 2007 Frog Leg Festival the best IRC can
with the items they requested.
B.
Request to Speak Form
315-316
(memorandum dated November 1, 2006)
Approved to remove the statement “The Commission does not vote on
matters brought up under Public Discussion” on the Request to Speak
Form.
11.
DEPARTMENTAL MATTERS
A.
Community Development
None
Emergency Services
B.
None
General Services
C.
None
Human Resources
D.
None
11.
DEPARTMENTAL MATTERS – (CONT’D.) PAGE
Page 8 of 12
November 7, 2006
Human Services
E.
None
Leisure Services
F.
None
Office of Management and Budget
G.
None
Recreation
H.
None
Public Works
I.
None
Utilities Services
J.
1. South County Reverse Osmosis Water Treatment Plant, BCC
Authorization Request to Issue an Emergency Purchase Order to
Carlson-Moore Construction, Inc. for Permeate Pipe Replacement
(memorandum dated November 1, 2006) 317-318
Authorized to issue an Emergency Purchase Order to Carlson-
Moore Construction, Inc. for permeate pipe replacement in the
amount not to exceed $46,865.00.
2. Alternative Water Supply Joint Workshop with Indian River County
and St. Johns River Water Management District (SJRWMD)
(memorandum dated November 2, 2006) 319
Approved the Alternative Water Supply Joint Workshop with
Indian River County BCC and extend an invitation to SJRWMD
and Brevard County Commission to be held on Wednesday,
December 6, 2006 at 2:00 p.m. in the Commission Chambers.
Break from 12:19 p.m. to 12:28 p.m.
12.
COUNTY ATTORNEY PAGE
Page 9 of 12
November 7, 2006
A. Property Exchange with Windsor Properties, Golden Sands Park
(memorandum dated November 1, 2006) 320-333
Approved and adopted the Agreement for Property Exchange between
Indian River County; adopted Resolution # 2006-179 approving the
exchange of real property between the County and Windsor Properties
authorizing the Chairman to execute the Agreement and any deeds or
documents necessary to effectuate the exchange of property identified in
the Agreement and execute the Conservation Easement to the Board of
Trustees.
13.
COMMISSIONERS ITEMS
Commissioner Arthur R. Neuberger, Chairman
A.
None
Commissioner Gary C. Wheeler, Vice Chairman
B.
1. Selection of Chairman and Vice Chairman
(memorandum dated October 31, 2006) 334-336
Approved to authorize the County Attorney to draft a “pending”
Ordinance to change the reorganization date of the Commission
from the first meeting in January to the third Tuesday in
November and to do the reorganization of the new Board at the
November 21, 2006 meeting.
2. Temporary Sales of Vehicles in County
(memorandum dated October 31, 2006) 337
Approved to authorize the County Attorney to draft an Ordinance
to prohibit the temporary sales of cars, trucks or vans on property
not approved for an automobile sales facility.
Commissioner Sandra L. Bowden
C.
None
Commissioner Wesley S. Davis
D.
None
Commissioner Thomas S. Lowther
E.
None
14.
SPECIAL DISTRICTS AND BOARDS PAGE
Page 10 of 12
November 7, 2006
Emergency Services District - 12:54 P.M.
A.
1. Emergency Services Station #2 Lease with City of Vero Beach
(memorandum dated October 3, 2006) 338-354
Approved the 2006 Amendment to Lease Agreement with the City
of Vero Beach to fund three additional items at Emergency
Services Station # 2: 1) a boatlift capable of lifting 5,000 pounds
in weight; 2) a ten foot easement for a bikeway path on the eastern
most portions of the property; and 3) a ten foot wide pedestrian
bikeway over the drainage ditch and authorized the Chairman to
execute the Agreement.
2. Approval of Memorandum of Understanding between Indian River
Department of Emergency Services and Indian River County
Recreation Department
(memorandum dated October 31, 2006) 355-358
Approved the Memorandum of Understanding between Indian
River Department of Emergency Services and Indian River
County Recreation Department and authorized the County
Administrator to execute the MOU.
3. Construction Services Contract (Part 2 Agreement) with Barth
Construction for the Replacement of Indian River County
Emergency Services Station No. 2
(memorandum dated October 30, 2006) 359-387
Approve the Construction Services Contract (Part 2 Agreement)
with Barth Construction for the Replacement of Indian River
County Emergency Services Station No. 2 and authorized the
Chairman to execute the Agreement.
Solid Waste Disposal District – 12:55 P.M.
B.
1. Approval of Minutes of September 19, 2006 Meeting
Approved
2. Approval of Florida Power & Light (FPL) Easement
(memorandum dated October 30, 2006) 388-391
Approved the FPL Easement and authorized the Chairman to
execute the same.
14.
SPECIAL DISTRICTS AND BOARDS – CONT’D.) PAGE
Page 11 of 12
November 7, 2006
Environmental Control Board – 12:56 P.M.
C.
1. Approval of Minutes of September 19, 2006 Meeting
Approved
2. Report of Activities During Third Quarter (July through September,
2006)
(memorandum dated October 11, 2006) 392-393
Approved the Report of Activities during the third quarter (July
through September 2006).
15.
ADJOURNMENT - 12:57 P.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 7, 2006