HomeMy WebLinkAbout12/19/2006 (3)
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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 O M M I S S I O N A G E N D AC
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 19, 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.
Commissioner Wesley S. Davis
2.
INVOCATION
William G. Collins II, County Attorney
3.
PLEDGE OF ALLEGIANCE
Sandra L. Bowden, Vice Chairman
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Emergency Item 4.A.1– Hiring of an Interim Land Use Attorney for P&Z and
Commission (no backup)
Additional Backup – Item 11.B.1 – Letter from Chief Davis dated December 12,
2006
Move Item 13.E.1 to be heard with item 5.B.1
Approved
A. Hiring of an Interim Land Use Attorney for P&Z and Commission
Approved for staff to prepare a RFP for an interim Land Use Attorney and
Commissioner Bowden to coordinate that from the BCC and bring back to
the Board at the first meeting in January 2007. Bob Keating and Joe
Baird to assist in the selection of an interim Land Use Attorney.
Page 1 of 11
December 19, 2006
PAGE
5.
PROCLAMATIONS and PRESENTATIONS
A. Presentation of Check by Firefighters – Indian River County Fair
Accepted facsimile check in the amount of $35,700.00 presented by Joe
Earman, President of Indian River County Firefighters Fair and Toby
Turner, General Manager of the fair.
B. Presentation Regarding Wildlife Refuge Funding Crisis: Impact on Pelican
Island National Wildlife Refuge by Pelican Island Preservation Society,
Pelican Island Audubon Society, and Chambers of Commerce 1-4
Presentations by Bonnie Swanson, Pelican Island Preservation Society,
Jens Tripson, Pelican Island Audubon Society, Penny Chandler on behalf
of the IRC Chamber of Commerce and the Sebastian River Area Chamber
of Commerce and letter read by Jens Tripson for Dr. David Cox.
Moved Item 13E.1 to be heard with this item.
Approved for the County Attorney’s office to draft a resolution of support
to Senator Bill Nelson, Senator Mel Martinez, and Congressman David
Weldon, requesting that full funding be reinstated to the U.S. Fish and
Wildlife Services Southeast Refuges budgets and to have a federal lobbyist
also campaign for reinstatement of this funding. Resolution # 2006-193.
6.
APPROVAL OF MINUTES
None
7.
CONSENT AGENDA (A+R-M-N - WD/SB – 5-0)
A. Report Placed on File in the Office of Clerk to the Board:
Fellsmere Water Control District – Schedule of Regular Bi-Monthly
Meetings for 2007: January 11, 2007, March 8, 2007, July 12, 2007,
September 13, 2007 and November 8, 2007
Approved
B. Approval of Warrants – December 1 – December 7, 2006
(memorandum dated December 7, 2006) 5-11
Approved
C. Resolution in Support of a National Sculling Training and Competition Site
along the South Side of the C-54 Canal
(memorandum dated December 13, 2006) 12-13
Approved
Page 2 of 11
December 19, 2006
7.
CONSENT AGENDA PAGE
D. Final Payment – Work Order No. 5 Carter Associates, Inc. For: Oslo
Transfer Station Lands, IRC Contract Number 0390
(memorandum dated December 12, 2006) 14-16
Approved payment in the amount of $34,720.00 for final and full payment
for Work Order # 5 to Carter Associates, Inc.
E. Workers’ Compensation Settlement
(memorandum dated December 11, 2006) 17
Approved settlement in the mediated amount of $171,250.00. The County
will be reimbursed the full amount of the settlement by the excess
insurance carrier.
F. Interest Rate Change on All County Financing (Petition Paving, Utility
Assessment Projects, Utility Impact Fees, etc.)
(memorandum dated December 11, 2006) 18
Approved a fixed interest rate of 8.25% and the rate is to remain in effect
for calendar year 2007 for all County financing with the exception of
projects directly affiliated with a bond issue for which the bond covenants
dictate a different interest rate.
G. Extension of Professional Services Technical Support Work Order Number 6
(memorandum dated December 11, 2006) 19-27
Approved Work Order Number 6, not to exceed $70,800, to the
Professional Services Consulting Agreement with Geographic
Technologies Group, and authorized the County Administrator to execute
the approved Work Order.
H. Wabasso Beach Park Restoration Site Plan Pre-Application Review
Required Archaeological Survey; Thomas Penders & Associates Proposal
(memorandum dated December 11, 2006) 28-34
Approved proposal for an Area Archaeological Survey by Thomas Penders
& Associates for the Wabasso Beach Park Restoration Site Plan and
authorized the Chairman to execute the same.
I. Right-of-Way Acquisition, Northwest Corner of 66 th Avenue and 4 th Street
(South of SR 60), Samuel L. Adams and Gayla M. Adams
(memorandum dated December 8, 2006) 35-54
Approved the counter offer in the amount of $100,500.00 for the right-of-
thth
way acquisition, northwest corner of 66 Avenue and 4 Street (South of
SR 60), with Samuel L. Adams and Gayla M. Adams and authorized the
Chairman to execute the Agreement to Purchase and Sell Real Estate.
Page 3 of 11
December 19, 2006
7.
CONSENT AGENDA (CONT’D.) PAGE
J. Third Party Claims Administration Addendum
(memorandum dated December 11, 2006) 55-58
Approved the Third Party Claims Administration Addendum and
authorized the Chairman to execute the same.
K. Acceptance Change Order No. 2 for the New Emergency Operations Center
(memorandum dated December 12, 2006) 59-70
Approved Change Order No. 2 for the New Emergency Operations Center
and authorized the Chairman to execute the attached Change Order which
will then result in a decrease to the GMP by $317,872 and an increase to
the Owner’s Contingency by the amount of $19,172.
L. Michael and Taffi Abt’s Request for Final Plat Approval for a Subdivision to
be Known as South Forty Subdivision
(memorandum dated December 12, 2006) 71-75
Approved Final Plat approval for a Subdivision to be known as South
Forty Subdivision.
M. Resolution Authorizing the Florida Department of Transportation
Maintenance Memorandum of Agreement (MOA) for US1 from Oslo Road
to South Relief Canal for Landscape Maintenance
(memorandum dated December 8, 2006) 76-79
Approved and adopted Resolution # 2006-191 authorizing the Chairman to
sign the Florida Department of Transportation Maintenance
Memorandum of Agreement (MOA) for US1 from Oslo Road to South
Relief Canal for Landscape Maintenance.
(SB/WD – 5-0)
N. Approval of an Interlocal Agreement with Sebastian Inlet District for the
Main Relief Canal Pollution Control System
(memorandum dated December 11, 2006) 80-88
Approved the sample Interlocal Agreement with Sebastian Inlet District
for the Main Relief Canal Pollution Control System and authorized the
Chairman to execute the same.
(SB/WD – 5-0)
O. Roadway Improvements to SR A1A and CR 510 DEP Temporary
Construction Easement
(memorandum dated December 11, 2006) 89-110
Approved roadway improvements to SR A1A and CR 510 Department of
Environmental Protection Temporary Construction Easement and
authorized the Chairman to execute the agreement.
Page 4 of 11
December 19, 2006
7.
CONSENT AGENDA (CONT’D.) PAGE
P. Acceptance of Change Order No. 19 for the New County Administration
Buildings
(memorandum dated December 13, 2006) 111-116
Approved Change Order No. 19 resulting in a credit of $175,254 to be
released to the Owner Contingency with the GMP remaining the same and
authorized the Chairman to sign the Change Order. The total of the
Owner Contingency will be $482,436 with the GMP remaining unchanged
at $27,057,852.
Q. Court Administration, Miscellaneous Budget Amendment 006
(memorandum dated December 13, 2006) 117-125
Approved the Court Administrator’s request for additional courtroom
sound enhancement and court recording system and adopted Resolution #
2006-192 to allocate funding in the amount of $7,250.00 and authorized
the Chairman to execute the resolution.
R. Pointe West of Vero Beach LTD’s Request for Final Plat Approval for a
Subdivision to be Known as Pointe West East Village Phase I
(memorandum dated December 13, 2006) 126-131
Approved Final Plat approval for a subdivision to be known as Pointe
West East Village Phase I Subdivision, 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.
8.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
9.
PUBLIC ITEMS
A. PUBLIC HEARINGS
None
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. Request to Speak from Bermuda Club Homeowners Association
Regarding Developer Non-Compliance with County Requirements 132
Request withdrawn. May come back to the Board in January
2007, per County Administrator, Joe Baird.
Page 5 of 11
December 19, 2006
9.
PUBLIC ITEMS (CONT’D.) PAGE
B. PUBLIC DISCUSSION ITEMS
2. Request to Speak from Joseph Paladin, Chairman Growth
Awareness Committee, Regarding Maintenance Bonds 133-140
Approved for staff to research and bring back recommendation to
the Board in January 2007 on how to implement maintenance
bonds for multi-family as well as legal application of the bonding
issues.
Break from 10:21 a.m. to 10:33 a.m.
C. PUBLIC NOTICE ITEMS
None
10.
COUNTY ADMINISTRATOR MATTERS
None
11.
DEPARTMENTAL MATTERS
A.
Community Development
1. Request to Modify the County’s Local Economic Development
Incentives
(memorandum dated December 11, 2006) 141-154
Approved to revise the local jobs grant program and revise the
program for waiving county utility deposits (increase from $5,000
to $10,000). No action on EDC’s recommendation to subordinate
a county impact fee lien to the second lien holder position.
Request from Commissioner Bowden for the EZDA to give the
Board a report on how these revisions are working and if they
need to be adjusted up or down and a request from Commissioner
Davis for a report on how the IRC EZDA is working compared to
other counties.
Page 6 of 11
December 19, 2006
11.
DEPARTMENTAL MATTERS (CONT’D.)
Emergency Services
B.
1. Request from the Sebastian Police Department for a Public Safety
Answering Point (PSAP)
(memorandum dated December 12, 2006) 155-169
Approved to authorize a Public Safety Answering Point for the
Sebastian Police Department.
(PO/GW – 3-2 (SB & WD opposed)
Break from 12:03 p.m. to 12:17 p.m.
General Services
C.
1. IRC Jail Expansion Project – Change Order #6
(memorandum dated December 12, 2006) 170-179
Approved Change Order # 6 for the IRC Jail Expansion Project in
the amount of $298,692.38, authorized necessary transfers within
the GMP, and authorized the Chairman to execute the documents.
Additional language to be added to clarify cost of changes paid
out of Owner’s Contingency to C.O. # 6.
2. Acceptance of Change Order No. 20 for the New County
Administration Buildings
(memorandum dated December 13, 2006) 180-237
Approved Change Order No. 20 for a total additional cost of
$67,603 to be released from the Owner Contingency leaving a
balance in the Owner Contingency of $414,833 and authorized the
Chairman to execute the Change Order.
3. 43 rd Avenue Sub Complex – Change Order #7 (Chilberg
Construction) and Request for Release of Retainage
(memorandum dated December 11, 2006) 238-243
rd
Approved Change Order # 7 for the 43 Avenue Sub Complex in
the amount of $12,076.31, request for release of retainage and
authorized the Chairman to execute the Change Order.
Page 7 of 11
December 19, 2006
11.
DEPARTMENTAL MATTERS (CONT’D.) PAGE
General Services (Cont’d.)
C.
4. New Funding Agreement with Indian River Community College for
Joint Use Library Development
(memorandum dated December 13, 2006) 244-252
Approved the First Amendment to the Funding Agreement along
with the Addendum to the Interlocal Agreement providing for an
additional $1.2 million from gas taxes, traffic impact fees and
library impact fees to be deposited with the Indian River
Community College Foundation so that the funds may qualify for
matching dollars for the capital improvements to allow the
th
realignment of College Lane with 16 Street as its intersection at
th
66 Avenue, to provide for a larger initial collection and to allow
the library building design to remain at its original 30,000 square
feet; and authorize the Chairman to execute the documents after
the final form of the documents have final approval by the County
Attorney, appropriate staff and the Clerk of the Circuit Court.
(SB/JF – 4-1 (GW opposed)
Human Resources
D.
None
Human Services
E.
None
Leisure Services
F.
None
Office of Management and Budget
G.
None
Recreation
H.
None
Page 8 of 11
December 19, 2006
11.
DEPARTMENTAL MATTERS (CONT’D.) PAGE
Public Works
I.
1. Property Acquisition, 8866 92 nd Avenue – CR 510 Widening and
Improvements, County Project No. 0610, Slabvsef Investment
Group, LLC., Owner
(memorandum dated December 11, 2006) 253-269
Approve the $80,000 purchase price for Property Acquisition,
nd
8866 92 Avenue – CR 510 Widening and Improvements, County
Project No. 0610, Slabvsef Investment Group, LLC., Owner.
Utilities Services
J.
1. 27 th Drive Petition Water Service (North of 4 th Street), Indian River
County Project No. UCP – 2906
(memorandum dated December 8, 2006) 270-275
thth
Approved the 27 Drive Petition Water Service (North of 4
Street), Indian River County Project No. UCP – 2906 and
authorized staff to proceed with the engineering design work and
negotiate a contract for survey services, with one of the approved
survey consultants, in preparation for the special assessment
project.
12.
COUNTY ATTORNEY MATTERS
None
13.
COMMISSIONERS ITEMS
Commissioner Gary C. Wheeler, Chairman
A.
None
Commissioner Sandra L. Bowden, Vice Chairman
B.
None
Commissioner Wesley S. Davis
C.
None
Commissioner Joseph E. Flescher
D.
None
Page 9 of 11
December 19, 2006
13.
COMMISSIONERS ITEMS (CONT’D.) PAGE
Commissioner Peter D. O’Bryan
E.
1. Resolution to Request Funding be Restored to the U.S. Fish and
Wildlife Services Budget
(memorandum dated December 13, 2006) 276-280
Moved to be heard with item 5.B - Resolution # 2006-193.
14.
SPECIAL DISTRICTS AND BOARDS
Emergency Services District – 12:42 P.M.
A.
1. Emergency Services Station 3 Deductive Change Order No. 3
(memorandum dated December 1, 2006) 281-284
Approved the deductive Change Order No. 3 for Emergency
Services Station 3 in the amount of ($1,804.02) and authorized the
Chairman to execute the agreement.
2. Utility Easement for Indian River County Fire Rescue Station No. 4
(memorandum dated November 27, 2006) 285-288
Approved the Utility Easement for Indian River County Fire
Rescue Station No. 4 and authorized the Chairman to execute the
easement.
3. Authorization for Final Payment and Release of Retainage to Barth
Construction, Inc. for the Renovation/Repair of Emergency Services
Station #10
(memorandum dated November 30, 2006) 289-298
Approved the final payment and release of retaining to Barth
Construction, Inc. in the amount of $23,650.00.
14.
SPECIAL DISTRICTS AND BOARDS
Solid Waste Disposal District – 12:43 P.M.
B.
1. Amendment of Lease Agreement Between MWI Corporation and
Indian River County Solid Waste Disposal District (SWDD)
(memorandum dated December 6, 2006) 299-303
Approved the amendment to the Lease Agreement between MWI
Corporation and Indian River County Solid Waste Disposal
District (commencing January 1, 2007, MWI Corporation will pay
rent in the annual amount of $72,000 and the rent under the lease
shall be adjusted upward or downward annually to reflect changes
in the consumer price index and authorized the SWDD Chairman
to execute the lease.
Page 10 of 11
December 19, 2006
14.
SPECIAL DISTRICTS AND BOARDS (CONT’D.) PAGE
Environmental Control Board
C.
None
15.
ADJOURNMENT – 12:44 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 11 of 11
December 19, 2006