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Home My WebLink About12/12/2006 (3) 9:00 A.M. -04, TUESDAY, AUGUST 10, 20 9:00 A.M. -TUESDAY, AUGUST 10, 2004, 9:00 A.M. -TUESDAY, AUGUST 10, 2004, WWW.IRCGOV.COM Street. Vero Beach, Florida, 32960 th 1840 25 County Administration Building WWW.IRCGOV.COM , 32960Street. Vero Beach, Florida th 1840 25 County Administration Building WWW.IRCGOV.COM Street. Vero Beach, Florida, 32960 th 1840 25 County 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, DECEMBER 12, 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 Gary C. Wheeler, Chairman District 3 Joseph A. Baird, County Administrator Sandra L. Bowden, Vice Chairman District 5 William G. Collins II, County Attorney Wesley S. Davis District 1 Kimberly Massung, Executive Aide to BCC Joseph E. Flescher District 2 Jeffrey K. Barton, Clerk to the Board Peter D. O’Bryan District 4 PAGE 1. CALL TO ORDER 9:00 A.M. – ALL PRESENT Dr. Charles C. Lever, Sr. 2. INVOCATION First United Methodist Church Commissioner Joseph E. Flescher 3. PLEDGE OF ALLEGIANCE 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Addition – 5.A.1 – Pointe West WinterFest (no backup) Correction 7.A – Correction of dates in subject line Correction – 9.A.1 – Replacement of pages 130-131 – Exhibit “C” Addition – 13.A.1 – Cloud Grove Stewardship District (letter dated December 5, 2006) Approved 5. PROCLAMATIONS and PRESENTATIONS A. Pointe West WinterFest Presentation by Chuck Mechling of Pointe West inviting all to attend the rd 3 Annual WinterFest hosted by IRC Recreation Department and Pointe West on December 16, 2006. (This item was heard after the Consent Agenda) Page 1 of 8 December 12, 2006 PAGE 6. APPROVAL OF MINUTES A. Brevard County / Indian River County Joint Workshop October 25, 2006 Approved 7. CONSENT AGENDA A+N-H-J (SB/JB - 5-0) A. Approval of Warrants – November 10 – November 16, 2006 (memorandum dated November 30, 2006) 1-10 Approved B. Out of County Travel for Commissioners to Attend the National Association of Counties (NACo) Legislative Conference – March 3 – 7, 2007 (memorandum dated November 30, 2006) 11-15 Approved C. FY 2005-2006 Records Disposition Compliance Statement and Records Management Liaison Officer Form, Board of County Commissioners (memorandum dated December 6, 2006) 16-18 Approved D. City of Sebastian Appointment to Metropolitan Planning Organization Technical Advisory Committee (MPOTAC) (memorandum dated December 5, 2006) 19-20 Ratified Joe Griffin, City of Sebastian Airport Director as the City of Sebastian appointment representing the Sebastian Municipal Airport on the MPOTAC. E. Out of County Travel for Commissioners Flescher and O’Bryan, Certified County Commissioners Program (memorandum dated December 6, 2006) 21-26 Approved all travel for Commissioner Flescher and O’Bryan for travel associated with the Certified County Commissioner program. F. Vacation Compensation Considerations (memorandum dated December 6, 2006) 27 Approved payment of up to 75 hours, for vacation accrual balances exceeding the maximum cap at an estimated cost of $34,000 in pay and $43,000 with benefits. Page 2 of 8 December 12, 2006 7. CONSENT AGENDA (CONT’D.) PAGE G. Wilson Masonry Developer’s Agreement for Construction of Off-Site Master Planned 12” Water Main on Old Dixie Highway, Approval of Release of Retainage and Final Payment to Developer (memorandum dated December 5, 2006) 28-32 Approved Invoice No. 3 as final payment to Robert E. Fields in the amount of $2,967.92, as presented. H. Centex Homes Inc.’s Request for Final Plat Approval for a Plat-Over-Site- Plan Subdivision to be Known as Provence Bay (PO/GW 5-0) (memorandum dated November 27, 2006) 33-45 Approved Final Plat approval for a Plat-Over-Site-Plan Subdivision to be known as Provence Bay, with recordation of the mylar only after the security has been reviewed, approved and validated by the County Attorney’s office and the contract has been executed by the County Administrator. I. Progress Report – New County Administration Buildings and New Emergency Operations Center (memorandum dated December 6, 2006) 46-50 Accepted the report. J. Consideration of “Third Amendment to Option Agreement” for Purchase of the Shadowbrook Estates Parcel of the south Prong Slough LAAC Site (Administrative) (WD/PO 5-0) (memorandum dated December 5, 2006) 51-60 Approved the “Third Amendment to Option Agreement” for Purchase of the Shadowbrook Estates Parcel of the south Prong Slough LAAC Site with a January 31, 2007 closing date, and authorized the Chairman to sign the option amendment on behalf of the County. Also approved the Assistant County Administrator to execute, on behalf of the County, an escrow agreement as described in the staff report, and any additional amendment to the operation agreement to reflect the escrow after review and sign-off by the County Attorney’s Office. Staff to keep the Board up to date on the progress of the contamination issue. K. As-Built Resolution & Assessment Roll for Paving and Drainage ththth Improvements to 34 Avenue from 12 Street to 14 Street in Vero Park S/D, IRC Project #0126 (memorandum dated December 1, 2006) 61-72 Approved and adopted the “As Built” Resolution # 2006-187 and the Final th Assessment Roll for Paving and Drainage Improvements to 34 Avenue thth from 12 Street to 14 Street in Vero Park S/D, IRC Project #0126 Page 3 of 8 December 12, 2006 7. CONSENT AGENDA (CONT’D.) PAGE L. Indian River County Project No. 0504, Work Order No. 2 (Engineering) Phase III, Surveying and Mapping Services with Nick Miller, Inc., Request for Release of Retainage (memorandum dated December 5, 2006) 73-75 Approved the release of final payment plus retainage in the amount of $22,939.00 to Nick Miller, Inc. for Indian River County Project No. 0504, Work Order No. 2. M. Property Acquisition, 8865 92 nd Avenue - CR 510 Widening and Improvements, County Project No. 0610, Don & Barbara Allen, Owners (memorandum dated December 4, 2006) 76-89 nd Approved Option 1 – Purchase the property at 8865, 92 Avenue from Don & Barbara Allen, Owners, for $210,000.00 with the leaseback agreement until December 31, 2008, and authorized the Chairman to execute the Agreement to Purchase and Sell Real Estate N. Right-of-Way Acquisition, Oslo Road, Oslo Road Widening, Phase II, Doc C Properties, LLC, Owner (memorandum dated November 30, 2006) 90-97 Approved right-of-way Acquisition, Oslo Road, Oslo Road Widening, Phase II, Doc C Properties, LLC, Owner in the amount of $20,000.00 for .10 acre and authorized the Chairman to execute the contract. 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Consideration of Approval of Proportionate Fair Share Agreement and Developer’s Agreement for Oslo 27, LLC, and Approval of an Amendment to the Capital Improvements Element of the th Comprehensive Plan to Include the Four Laning of 27 Avenue thth \[Legislative\] from 13 Street, SW to 17 Street, SW (memorandum dated December 5, 2006) 98-166 Approved and adopted Ordinance # 2006-042 for an amendment to the Capital Improvements Element of the Comprehensive Plan thth to include the four-laning of 27 Avenue from 13 Street, SW to th 17 Street, SW and the Developer’s and Proportionate Fair Share Agreements for Oslo 27, LLC and authorized the Chairman to sign the agreements. Break from 10:24 a.m. to 10:37 a.m. Page 4 of 8 December 12, 2006 9. PUBLIC ITEMS (CONT’D) 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. Tim Glover, President, Friends of St. Sebastian River Regarding CR512 Widening Project 167-173 Approved for Commissioner Davis to set up a fact finding group of local environmentalists and others in the community to meet and investigate what happened at the CR 512 site; come up with solutions to prevent this from happening again; and bring updates and a report back to the Board. 2. Mark Good, Call the Moon Man, Regarding Sign Regulations Interpretation, Chapter 956 Item K 174-175 No Board Action – Request by Commissioner Bowden for staff to re-look at the use of “human signs” that are in the County and report back to the Board. 3. Andy Barker, Al’s Motor Homes, Regarding a Proposal Presented to the Board about Off-site Sales in Indian River County 176 No show. C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development 1. Request for Approval of a Resolution Endorsing Catholic Charities of the Diocese of Palm Beach, Inc. as a Sponsoring Agency for a Samaritan Center eBay Store Under the Florida Enterprise Zone Community Contribution Tax Credit Program (memorandum dated December 4, 2006) 177-219 Approved and adopted Resolution # 2006-188 endorsing Catholic Charities of the Diocese of Palm Beach, Inc. as a sponsoring agency for a Samaritan Center eBay store under the Florida Enterprise Zone Community Contribution Tax Credit Program. Emergency Services B. None Page 5 of 8 December 12, 2006 11. DEPARTMENTAL MATTERS (CONT’D.) PAGE General Services C. None Human Resources D. None Human Services E. None Leisure Services F. None Office of Management and Budget G. None Recreation H. None Public Works I. 1. Approval of Joint Participation Agreement with FDOT and thth Resolution, Oslo Road (27 Avenue – 10 Avenue), FDOT Work Program # 421861-1-58-01 and Bid Award for IRC Bid No. 2006091, Project No. 9705C, Oslo Road (CR606) Phase I Roadway th Widening, From Old Dixie Highway to 27 Avenue (memorandum dated December 5, 2006) 220-255 Approved and adopted Resolution # 2006-189 and the Joint th Participation Agreement with FDOT, Oslo Road (27 Avenue – th 10 Avenue), FDOT Work Program # 421861-1-58-01 and Bid Award for IRC Bid No. 2006091, Project No. 9705C, Oslo Road (CR606) Phase I Roadway Widening, From Old Dixie Highway to th 27 Avenue. 2. Approval of Joint Participation Agreement with FDOT, CR512, Phase 4 (CR512, I-95 to Sebastian River Middle School), FDOT Work Program # 421862-1-58-01 and accompanying Resolution (memorandum dated December 5, 2006) 256-280 Approved and adopted Resolution # 2006-190 and the Joint Participation Agreement with FDOT, CR512, Phase 4 (CR 512, I- 95 to Sebastian River Middle School), FDOT Work Program # 421862-1-58-01. Page 6 of 8 December 12, 2006 11. DEPARTMENTAL MATTERS (CONT’D.) PAGE Utilities Services J. None 12. COUNTY ATTORNEY MATTERS None 13. COMMISSIONERS ITEMS Commissioner Gary C. Wheeler, Chairman A. 1. Cloud Grove Stewardship District Approved for Chairman Wheeler to deliver a letter to the Legislative Delegation on December 14, 2006 advising that the Board is unanimously opposed to a bill creating a special assessment district for all of the Cloud Grove property. Commissioner Sandra L. Bowden, Vice Chairman B. None Commissioner Wesley S. Davis C. None Commissioner Joseph E. Flescher D. None Commissioner Peter D. O’Bryan E. None Page 7 of 8 December 12, 2006 14. SPECIAL DISTRICTS AND BOARDS PAGE Emergency Services District - 12:04 P.M. A. 1. Approval of Minutes Meeting of October 24, 2006 Approved 2. FY 2005-2006 Records Disposition Compliance Statement and Records Management Liaison Officer Form, Emergency Services District (memorandum dated December 6, 2006) 281-283 Approved Solid Waste Disposal District - 12:05 P.M. B. 1. FY 2005-2006 Records Disposition Compliance Statement and Records Management Liaison Officer Form, Solid Waste Disposal District (memorandum dated December 6, 2006) 284-286 Approved Environmental Control Board C. None 15. ADJOURNMENT - 12:06 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 8 of 8 December 12, 2006