HomeMy WebLinkAbout12/13/2005 (2)IMPLEMENTATION
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, DECEMBER 13, 2005 - 9:00 A.M.
County Commission Chamber
County Administration Building
1840 25th Street. Vero Beach, Florida, 32960-3365
WWW.IRCGOV.COM
COUNTY COMMISSIONERS
Thomas S. Lowther, Chairman
Arthur R. Neuberger, Vice Chairman
Sandra L. Bowden
Wesley S. Davis
Gary C. Wheeler
District 4
District 2
District 5
District 1
District 3
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
William G. Collins, II, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Addition — 9.11.1 — Request by Forest Smith to Discuss Comcast's Service to
Viewers (letter dated December 5, 2005)
Additional Backup — 9.A.2 — Letter from Roseland Residents
Addition — 10.A —Emergency Item — Emergency Legislative Bill extending the
discount period to pay ad valorem taxes
Approved
PAGE
December 13, 2005 Page 1 of 12
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation by Robert C. Adair, Jr., Chairman of the Agriculture Advisory
Committee, on Citrus Canker and Greening Disease and Their Impact on
Indian River County
PAGE
1
Approved to have the County Attorney prepare a resolution requesting a
joint meeting on canker eradication inviting Charles Bronson, Florida
Commissioner of Agriculture and Consumer Services, Dr. Harold
Browning, /SAS Director of Citrus Research and Education Center and
Michael Hornyak, Director of Citrus Canker Eradication Program USDA
as well as the Board of County Commissioners of both Indian and St. Lucie
Counties. Resolution 2005-215.
6. APPROVAL OF MINUTES
A. Regular Meeting of November 8, 2005
Approved
B. November 9, 2005 — Water Resources Workshop
Approved
7. CONSENT AGENDA
A. Report Placed on File in the Office of Clerk to the Board:
Ordinance No. 0-95-04 adopted by the City of Sebastian on August 24, 2005,
relating to the annexation of Phase II of Cross Creek Subdivision
Approved
B. Approval of Warrants
(memorandum dated November 30, 2005) 2-12
Approved
C. 2005 Election of Citizens Oversight Committee Chairman and Vice
Chairman
(memorandum dated December 1, 2005)
13-14
Approved the re-election to Charles Searcy as Chairman and Peter
Robinson as Vice Chairman.
December 13, 2005 Page 2 of 12
7. CONSENT AGENDA (CONT'D.) PAGE
D. Quail Creek PD — Transfer from Regent Group, LLC to SLM Investments,
LLC Consent to Assignment of Contract for Construction of Required
Improvements, Consent to Assignment of Contract for Construction of
Required Sidewalk Improvements
(memorandum dated December 7, 2005) 15-34
Approved each Assignment and authorized the Chairman to execute the
County's consent to such assignments and the return of Regent Group,
LLC's security condition upon the receipt of: 1. Letter of Credit
validation; 2. Properly executed and completed Notice of transfer and
Assumption of Preliminary Plat Approvals and Obligations; and 3.
Properly executed and completed Notices of Transfer and Assumption of
Indian River County Department of Utility ,cervices Utility Construction
Permit
E. New Sublease Agreement with Airmasters Radio Control Club, Inc.
(memorandum dated December 5, 2005) 35-46
Approved and adopted Resolution # 2005-209 and authorized the Chairman
to sign the Sublease Agreement and Resolution as presented.
F. Renewal of Professional Services Master Agreement Right-of-way
Acquisition Services with American Acquisition Group, Inc.
(memorandum dated December 6, 2005)
47-50
Approved and authorized the Chairman to execute the extension of the
Professional ,cervices Agreement for Right -of -Way Acquisition ,cervices
with American Acquisition Group, Inc. with rates as listed in Exhibit "A".
G. Request for Authorization for Staff to Call Letter of Credit, Subdivision: Oak
Hollow Estates, Developer: DiLeco Development, LLC (DiRocco
Construction Co., Inc.: Manager/Member)
(memorandum dated December 7, 2005)
51-62
Approved and adopted Resolution # 2005-210 authorizing staff to call the
existing First National Bank and Trust Company of the Treasure Coast
Irrevocable Letter of Credit No. 2004-20 in favor of Indian River County in
the amount of $582,375.02 on or before Januar), 5, 2006.
December 13, 2005 Page 3 of 12
7. CONSENT AGENDA (CONT'D.) PAGE
H. Ansley Park Planned Development — Sidewalks, Request for Authorization
for Staff to Call Letter of Credit and/or Extend Expiration Date to Complete
Remaining Sidewalk Improvements, Developer: Showcase Designer Homes,
L.C. (San George Contracting, Inc. and Seacoast Development, Inc. —
Managers)
(memorandum dated December 6, 2005) 63-77
Approved and adopted Resolution # 2005-211 authorizing staff to call the
existing Bank of America Irrevocable Letter of Credit No.3060848 in fiivor
of Indian River County in the amount of $53, 741.34 and authorize a two-
year extension to the Contract for Construction of Required Improvement
No. PD-02-06-09-CFCSIDE (with the cost estimate being re -visited by
County Engineering staff to make any adjustments for inflation) provided
that the Developer executes an Extension to Contract for Required
Improvements pays the required $445..00 fee for such extension, and
delivers proper security to the County no later than 3:00 p.m. on December
30, 2006.
1. Interest Rate Change on All County Financing (Petition Paving, Utility
Assessment Projects, Utility Impact Fees, etc.)
(memorandum dated December 6, 2005)
78
Approved the fixed rate of 7.0% and staff's recommendation that the rate
remain in effect for calendar year 2006 for all County financing with the
exception of projects directly affiliated with a bond issue or which the bond
convenants dictate a different rate.
J. Vacation Accrual Cap Policy and Employee Compensation Considerations
(memorandum dated December 7, 2005) 79-80
Approved update to vacation accrual and carry-over policy, and approve
compensation of up to one week for vacation time that exceeds the new cap
that would be lost on December 31, 2005; and approved a bonus
compensation of up to $1,500 for actual time worked as a result of
Hurricane Wilma by exempt employees earning less than $40,000 annually.
K. Second Amendment to the Memorandum of Understanding Between the St.
Johns River Water Management District (SJRWMD) and Indian River
County (IRC) for the Sediment, Flow Reduction & Other Water Quality
Improvements Within the Indian River Farms Water Control
(memorandum dated December 7, 2005)
81-92
Approved Second Amendment to the Memorandum of Understanding
Between the S.IRWMD and IRC for the Sediment, Flow Reduction & Other
Water Quality Improvements Within the Indian River Farins Water Control
and authorized the Chairman to execute it on behalf of the County.
December 13, 2005 Page 4 of 12
7. CONSENT AGENDA - (CONT'D.) PAGE
L. Apex-Zons, Inc. Request for Release of Easement at 2002 Sea Palm Court
(Lot 46, Oceanridge Subdivision)
(memorandum dated December 5, 2005) 93-112
Approved and adopted Resolution # 2005-212 and released the conservation
easement.
M. HHVB Home Builders, LLC Request for a Partial Release of Easement at
5539 High Hawk Circle (Lot 22, High Hawk of Vero Beach Phase I
Subdivision)
(memorandum dated December 7, 2005)
Approved and adopted Resolution # 2005-213 and released the three foot
portion of the 15 foot maintenance easement as described in said
resolution.
N. Staff Request for Board Authorization to Proceed with Demolition and
Removal of a Condemned Structure at 12746 80th Ave. (Owner: Ellis &
Wanda Roberts)
(memorandum dated December 7, 2005)
Approved and adopted Resolution # 2005-214 declaring the said structure a
nuisance and order that the structure he demolished with related debris
removed from the property by a private vendor approved through standard
bid procedures and authorized the building official to report the demolition
and debris removal cost for said structure to the County Attorney for
recording of a lien, to be placed upon the real property of the demolished
unsafe structure for the purpose o recovering the County's cost.
0. Approval of Final Invoice and Final Release of Retainage for Hydromentia
Inc.'s Work Order No. 2 for Additional Engineering Services Related to Egret
Marsh Regional Stormwater Park
(memorandum dated December 2, 2005)
Authorized payment of Hydromentia's final invoice No. IRC -2005-9
(including release of retainage) in the amount of $1,295.00.
8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
Recess o n 9:57 a.in. to 10:06 a.in.
9. PUBLIC ITEMS
December 13, 2005
113-118
119-128
129-134
PAGE
Page 5 of 12
A. PUBLIC HEARINGS
1. Community Development Block Grant (CDBG) Disaster Recovery
Initiative Amendment [Legislative]
(memorandum dated December 6, 2005)
135-147
Approved the proposed amendments as presented for the CMG
Disaster Recovery Initiative.
2. Amendment to Title X of the Code of Indian River County Impact
Fee Ordinance [Legislative]
(memorandum dated December 5, 2005)
148-158
Approved and adopted Ordinance # 2005-049 and the following
changes to the existing Ordinance:
1. Eliminated the requirement for contract impairment before the
newly imposed impact fees can he waived;
2. Moved the deadline for receipt of a completed impact fee
waiver application to Januar' 1, 2006;
3. Required all recipients of the impact fee exemptions to file
complete applications for building permits before June 30, 2006.
3. Roseland United Methodist Church's Request for Special Exception
Use Approval to Use a Portion of its Existing Facility as a
Preschool/Daycare [Quasi -Judicial]
(memorandum dated December 7, 2005)
159-179
Approved the ,S'pecial Exception with the following conditions:
Prior to the issuance of a certificate of occupancy for the
preschool/daycare use, the applicant shall construct the depicted
playground improvements and native Type "C" buffer with a 6'
tall at -planting vegetative opaque feature along the playground
area's Berry Avenue frontage. The buffer shall he extended 25'
around the northwest and southwest corners of the proposed
playground area.
4. Brackett Family Ltd. Partnership's Request to Rezone +/- 30 Acres
from A-1 to RM -6 [Quasi -Judicial]
(memorandum dated December 7, 2005)
180-208
Approved and adopted Ordinance # 2005-050 to rezone subject
property from A-1 to RM -6.
9. PUBLIC ITEMS - (CONT'D.)
PAGE
December 13, 2005 Page 6 of 12
B. PUBLIC DISCUSSION ITEMS
1. Request by Forest Smith to Discuss Comcast's Service to Viewers
(letter dated December 5, 2005)
Approved to send a letter to Cornetist requesting consideration he
given to the viewers for the changes made to the PBS channels.
C. PUBLIC NOTICE ITEMS
None
10. COUNTY ADMINISTRATOR'S MATTERS
Emergency Legislative Bill extending the discount period to pay ad valorem
taxes
Approved to take no action on this hill to extend discount period for
payment of ad valorem taxes in Indian River County.
A.
11. DEPARTMENTAL MATTERS
A.
B.
C.
D.
E.
F.
Community Development
None
Emergency Services
None
General Services
None
Human Resources
None
Human Services
None
Leisure Services
None
G. Office of Management and Budget
None
11. DEPARTMENTAL MATTERS — (CONT'D.)
PAGE
December 13, 2005 Page 7 of 12
H.
Recreation
None
Public Works
1. Approval of G. K. Environmental, Inc. Work Order No. 1-GKE for
upland and wetland creation services at Egret Marsh Regional
Stormwater Park
(memorandum dated December 5, 2005)
209-214
Approved Work Order No. 1 with G. K. Environmental, Inc. to
assist staff with the design of a wetland polishing system (called
"southwest lake" in the Work Order) and to assist staff with
landscape design for the remainder of the site. All work will he on
an hourly basis and not exceed $8,000.00.
2. Waterway Village Developer's Agreement for Developer
Contributions to Roadway Improvements along 53n1 Street and
Nearby Intersections
(memorandum dated December 5, 2005)
215-230
Approved Alternative # 1 to approve the Developer's Agreement with
DiVosta Homes, L.P. which includes the developer designing and
constructing 53'1 Street as a 4 -lane roadway between 58th Avenlue
and the Waterway Village east of the property line; and and make
improvements to 14 intersections as listed in the staff report. Items 1
thru 7 DiVosta Homes L.P. to fund 100% of the cost to design and
construct additional lanes and traffic signals. Item 8 thru 14
DiVosta Homes L.P. to restore the intersections to an acceptable
kvel-of-service and DiVosta to pay $330,210 of the estimated $12.1
million combined cost of the seven intersection projects. No traffic
impact fee credits will be given to the developer as a result of the
$330,210 contribution. The remaining $1L8 million of the project
cost will be funded by County traffic impact fees and other developers
via similar fair -share agreements. With regard to the construction of
53rd Street east of 58th Avenue, the developer and the County have
agreed to share the construction costs equally (see staff report for
specifics — page 216).
3. Continuing Contract Agreement for Professional Engineering
Services Design and Permitting of Beach Restoration Projects
(memorandum dated November 17, 2005)
231-275
Approved the contract agreements with Coastal Technology
Corporation, Taylor Engineering, Inc. and Applied Technology &
Management and authorized the Chairman to execute on behalf
of the County.
11. DEPARTMENTAL MATTERS — (CONT'D.) PAGES
December 13, 2005 Page 8 of 12
J.
Public Works — (CONT'D.)
4. Right -of -Way Acquisition, 3375 66th Avenue, 33rd Street Bridge
Replacement at 66th Avenue and Future 66th Avenue Roadway
Widening, Fred H. Peterson and Edward P. Peterson, Owner
(memorandum dated November 30, 2005)
276-291
Approved Option 1 — Approved transaction and leaseback at a cost
of $406,315.00, allowing 33"I Street bridge replacement and road
widening plans to commence.
5. North County Regional Park, Phase II, IRC Project No. 0399,
Change Order No. 3
(memorandum dated December 7, 2005)
292-296
Approved Change Order No. 3 to the contract with Barth
Construction, Inc. in the amount of $14,125.66 and authorized the
Chairman to execute same.
Utilities Services
1. Indian River County Bid # 7085 Countywide Water Meter, Box and
Lid Adjustment / Utilities Department
(memorandum dated November 30, 2005)
297-300
Approved staff recommendation to reject the sole bid and that the
Utilities Department revise the speci rcations and re -bid this item.
2. FlaWARN (Florida Water/Wastewater Agency Resource Network)
(memorandum dated November 29, 2005) 301-342
Approved agreement and allow the utility to become a
participating member in FlaWARN so that the County may benefit
from such an agreement, should the need arise.
3. Utilities Department Operations Center, Approval of Change Order
No. 4 for Installation of an Emergency Electrical Power Generator
(memorandum dated December 1, 2005)
343-350
Approved Change Order No. 4 to provide installation of a stand-by
generator with appropriate appurtenances to allow automatic
transfer to emergency power if an electrical interruption is
detected within the system. Costs associated with Change Order
No. 4 total $199,755.00 or a 15.4% increase to the approved
contract, resulting in a revised contract of $4,515,495.00.
Recess froni 11:33 a.m. to 11:43 a.m.
11. DEPARTMENTAL MATTERS - (CONT'D.) PAGES
December 13, 2005
Page 9 of 12
J.
Utilities Services — (CONT'D.)
4. Amendment No. 4 to Work Order No. 1 with Brown & Caldwell
Inc. (B&C) for Additional Construction Services for the Utilities
Operations Center
(memorandum dated December 2, 2005)
351-355
Approved Amendment No. 4 to Work Order No. 1 with B&C in the
amount of $16,030.00 and allow utilization of the remaining
portion of Amendment No. 2 to Work Order No. 1 in the amount
of $6,600.00 to provide additional project management for the
Utilities Operations Complex and authorize the Chairman to
execute the same, as presented.
5. Authorization to Award Engineering Study to Carollo Engineers
P.C. for Water Quality and Corrosion Effects in the Drinking Water
System — UCP 2715
(memorandum dated December 2, 2005)
356-365
Awarded the Engineering Study to Carollo Engineers P.C. for
Water Quality and Corrosion Effects in the Drinking Water
System at a cost not to exceed $12,000.00.
Recess om 12:47 p.m. to 12:57 p.m.
12. COUNTY ATTORNEY
A. Appeal of Antilles Concurrency Application; Request for Clarification
(memorandum dated December 7, 2005) 366-392
Approved to give permission to the County Attorney to look for a Land
Use Attorney, that could work with the County Attorney and his legal staff
to get the pending ordinance/currency situation straightened out.
Approved to deny the appeal.
Recess om 2:42 p.m. to 2:49 p.m.
12. COUNTY ATTORNEY PAGE
December 13, 2005
Page 10 of 12
B. Appeal from Denial of Request for New Impact Fee Increase Exemption —
KMP Properties and Kelly Construction and Development Affidavit Nos.
554-566, Renee Dearlove and Kelly Construction and Development
Affidavit Nos. 572-576
(memorandum dated December 5, 2005)
393-443
Applicant withdrew request for Renee Dearlove contracts.
Approved appeal for KMP Properties and Kelly Construction Affidavit
Nos. 554-566.
C. Status Report on Lewis P. Barton Property — 2025 Surfside Terrace
(memorandum dated December 8, 2005) 444-445
No Board Action — ,ctaff reported construction trailer had been moved to
edge of property and Mr. Barton had advised Bob Keating that he was to
have it removed on December 13, 2005. December 31, 2005 deadline to
have semi -trailer (storage trailer) removed. Date of February 5, 2006 for
compliance before County initiates demolition of home.
13. COMMISSIONERS ITEMS
A.
B.
C.
D.
E.
Commissioner Thomas S. Lowther, Chairman
None
Commissioner Arthur R. Neuberger, Vice Chairman
1. Status Report of Indian River County Environmental Land
Acquisition Projects and Management Status Report for
Environmental Lands Program
446-455
No Board Action — For Information Only
Commissioner Sandra L. Bowden
None
Commissioner Wesley S. Davis
None
Commissioner Gary C. Wheeler
None
14. SPECIAL DISTRICTS AND BOARDS - 3:24 P.M. PAGE
December 13, 2005 Page 11 of 12
A. Emergency Services District
None
B. Solid Waste Disposal District - 3:25 P.M.
Approval of Bid Award for IRC Bid 4 7087 Purchase of Four (4)
Open Top Steel Walking Floor Transfer Trailers for SWDD,
Utilities Department / Solid Waste Disposal District
(memorandum dated November 30, 2005) 456-462
Awarded the bid to Spector Manufacturing, Inc. as the lowest
Most responsive and responsible bidder Meeting the specifications
as set forth in the Invitation to Rid.
C. Environmental Control Board
None
15. ADJOURNMENT — 3:26 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.
December 13, 2005 Page 12 of 12