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HomeMy WebLinkAbout12/05/2006 (3) 9:00 A.M. -TUESDAY, AUGUST 10, 2004, 9:00 A.M. -UESDAY, AUGUST 10, 2004, T 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 Street. Vero Beach, Florida, 32960 th 1840 25 Administration BuildingCounty 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 5, 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. Jim Davis, Public Works Director 2. INVOCATION Gary C. Wheeler, Chairman 3. PLEDGE OF ALLEGIANCE 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS None 5. PROCLAMATIONS and PRESENTATIONS A. Proclamation Designating December 7, 2006 as Pearl Harbor Remembrance Day 1 Proclamation presented to Larry Wapnick by Chairman Wheeler. PAGE 6. APPROVAL OF MINUTES Page 1 of 11 December 5, 2006 A. Regular Meeting of September 19, 2006 Approved B. Regular Meeting of October 3, 2006 Approved C. Regular Meeting of October 10, 2006 Approved 7. CONSENT AGENDA (A+T-G-M-R-S) SB/WD 5-0) A. Approval of Warrants – November 10 – November 16, 2006 (memorandum dated November 16, 2006) 2-10 Approved B. Pre-Session Legislative Delegation Luncheon (memorandum dated November 29, 2006) 11-13 Approved for Commissioners to attend luncheon on December 14, 206 at the Heritage Center, Vero Beach at the County expense. C. School Board Appointments to County Committees (memorandum dated November 29, 2006) 14-17 Ratified School Board appointments for period of November 21, 2006 through November 19, 2007. D. Board of County Commissioners Committee Assignments (memorandum dated November 28, 2006) 18-22 Approved the listing as submitted. E. Election of Chairman for School Planning Elected Officials Oversight Committee (EOOC) 2006 (memorandum dated November 15, 2006) 23 Ratified the election of Ken Daige as Chairman of the School Planning Elected Officials Oversight Committee for 2006. F. Request for Floodplain Cut and Fill Balance Waiver for Michael Creek Fill Material (memorandum dated November 21, 2006) 24-26 Approved Alternative 1 - Request for Floodplain Cut and Fill Balance Waiver for Michael Creek Fill Material. 7. CONSENT AGENDA (CONT’D.) PAGE Page 2 of 11 December 5, 2006 G. Woodfield P.D., Phase 2, Request from Developer, Centex / Lennar at Woodfield, LLC for an Extension to Complete Required Improvements (memorandum dated November 28, 2006) 27-42 Approved the Modification to Contract for Construction of Required Improvements for Woodfield P.D., Phase 2, provided that each existing SunTrust Bank Letter of Credit be amended to extend the expiration date to September 5, 2007 which is 90 days beyond the June 5, 2007 requested extension date; and authorize the Chairman to execute the Modification. Additionally, the amendment to the letter of credit must be received no later than 12:00 noon on Tuesday, December 5, 2006 by the County Attorney’s Office, otherwise staff is to call the respective letter of credit prior to its December 8, 2006 expiration date. No building permits are to be issued during this extension. WD/PO (4-1, GW opposed) H. Humane Society Contract, Second Amendment and Extension (memorandum dated November 28, 2006) 43-57 Approved and authorized the Chairman to execute the Second Amendment and Extension to the Contract Providing Animal Shelter Services for Indian River County, FL, at the proposed compensation rate of $70 per animal for the current fiscal year, retroactive to October 1, 2006, $75 per animal for fiscal year 2007/2008 and $83 per animal for fiscal year 2008/2009. I. Miscellaneous Budget Amendment 004 (memorandum dated November 27, 2006) 58-61 Approved and adopted Resolution # 2006-183 and authorized the Chairman to execute the resolution. J. Miscellaneous Budget Amendment 005 (memorandum dated November 21, 2006) 62-66 Approved and adopted Resolution # 2006-184 and authorized the Chairman to execute the resolution. K. GFOA 2007 Annual Conference (memorandum dated November 29, 2006) 67-71 Approved out of County travel for the County Administrator to attend the GFOA 2007 annual conference in Anaheim, CA June 10-13, 2007. L. Agreement of IRC / Pointe West / Pyrotecnico for fireworks (memorandum dated November 15, 2006) 72-77 Approved the Pyrotecnico of Florida fireworks display contract and authorized the County Administrator or his designee to execute the contract along with Pointe West as co-sponsor. Page 3 of 11 December 5, 2006 7. CONSENT AGENDA (CONT’D.) PAGE M. Bid Award for IRC Bid No. 2007020, Gifford Health Center Grading, Paving, Drainage and Bus Shelter Improvements (memorandum dated November 16, 2006) 78-83 Approved the award of the bid in the amount of $159,000.00 to L. H. Tanner Construction Corp. for the Gifford Health Center Grading, Paving, Drainage and Bus Shelter Improvements. (WD/PO, 5-0) N. Bid Award: IRC #2007021 Annual Bid for Aluminum Sign Blanks and Hardware, Public Works Department/Traffic Engineering Division (memorandum dated November 28, 2006) 84-131 Approved the award of the annual bid for Aluminum Sign Blanks and Hardware, Public Works Department/Traffic Engineering Division to Universal Signs and Accessories, Inc. as the overall most responsive bidder meeting the specifications as set forth in the Invitations to Bid; establish an open end contract for the period December 5, 2006 through September 30, 2007; authorized the Purchasing Manager to renew this contract for two additional one year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is to the best interest of the County. O. Bid Award: Bid # 2007015 Annual Bid for Antiscalant, Utilities Department Water Production Division (memorandum dated November 28, 2006) 132-138 Approved the award of the annual bid for Antiscalant, Utilities Department Water Production Division to GE Betz as the lowest most responsive bidder meeting the specifications as set forth in the Invitations to Bid; establish an open end contract for the period November 2007 through September 30 2007; authorized the Purchasing Manager to renew this contract for three additional one year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is to the best interest of the County. Projected expenditures for FY 2006/2007 are $50,000.00 – the new bid price reflects a 21% unit price (for bulk) and a 29% unite price (per drum) increase over last FY. Page 4 of 11 December 5, 2006 7. CONSENT AGENDA (CONT’D.) PAGE P. Bid Award: IRC #2007022 Annual Bid for Traffic Signal Equipment, Traffic Engineering Division Public Works Department (memorandum dated November 28, 2006) 139-162 Approved the award of the bid as a multiple award bid by Sections instead of a single award to the overall lowest most responsive and responsible bidder. Awarded Section 1 to Multicom, Inc. and Sections 2, 3 and 4 to Traffic Parts Inc. All recommended awards are the overall low bidders meeting the specifications as set forth in the Invitations to Bid. None of the vendors bid on all items; establish an open end contract for the period December 5, 2006 through September 30, 2007 with each of the recommended award vendors. Last years expenditure totaled $15,000.00 and this year’s expenditures are estimated at $40,000.00. Authorized the Purchasing Manager to renew the contract for two additional one 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. Q. Approval for Final Payment to the School District of Indian River County per Developer’s Agreement to extend Master Planned Water Mains to the New Liberty Magnet School Site (memorandum dated November 27, 2006) 163-164 Approved Final Payment to the School District of Indian River County per Developer’s Agreement to extend Master Planned Water Mains to the New Liberty Magnet School Site in the amount of $658,840.95. R. VeroLago, Phases 2, 3, 4 and 5 Request from Developer, Centex Homes, for an Extension to Complete Required Improvements (memorandum dated November 27, 2006) 165-212 Approved to deny the extension to complete the required improvements. (PO/GW, 4-1 (SB opposed) S. Ashley Lakes North, Developer: Ashley Lakes North, LLC (Stanley Markofsky / Mark Ackerman – Managing Members), Ratification of Modification to Contract for Construction of Required Improvements (memorandum dated November 29, 2006) 213-220 Ratified the Modification to Contract for Construction of Required Improvements for Ashley Lakes North, Developer: Ashley Lakes North, LLC (Stanley Markofsky / Mark Ackerman – Managing Members) for a one year extension to complete the required improvements to Ashley Lakes North per Board’s direction on September 5, 2006 and authorized the Chairman to execute the contract. (JF/SB, 5-0) Page 5 of 11 December 5, 2006 7. CONSENT AGENDA (CONT’D.) PAGE T. Quail Creek PD, Developer: SLM Investments, LLC (Stanley Markofsky / Mark Ackerman / Eugene Shalik / Edward Kalikow – Managing Members), Ratification of Modification to Contract for Construction of Required Improvements (memorandum dated November 29, 2006) 221-229 Ratified the Modification to Contract for Construction of Required Improvements for Quail Creek PD, Developer: SLM Investments, LLC (Stanley Markofsky / Mark Ackerman / Eugene Shalik / Edward Kalikow – Managing Members), for a one year extension to complete the required improvements to Quail Creek PD per Board’s direction on September 5, 2006 and authorized the Chairman to execute the contract. 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Tax Equity and Fiscal Responsibility Act (TEFRA), Palm Beach County Health Facilities Authority Retirement Community Revenue \[Administrative\] Bonds (memorandum dated November 27, 2006) 230-236 Approved and adopted Resolution # 2006-185 and approved the Second Amendment to the Inter-local Agreement and authorized the Chairman to sign all documents. 2. Amend Chapter 207, Licensing and License Taxes of The Indian \[Legislative\] River County Code (memorandum dated November 27, 2006) 237-245 Approved and adopted Ordinance # 2006-040 and authorized the Chairman to execute the ordinance. 9. PUBLIC ITEMS (CONT’D.) PAGE A. PUBLIC HEARINGS (CONT’D.) Page 6 of 11 December 5, 2006 3. Request for Continuance of Public Hearing Regarding Consideration of Approval of Proportionate Fair Share Agreement and Developers 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 November 29, 2006) 246 Approved to open public hearing and continue to a time certain, Tuesday, December 12, 2006 at 9:00 a.m. 4. Marbros LLC and First Atlantic Citrus, Inc.’s request to rezone +/- \[Quasi-Judicial\] 2.89 acres from CG and CH to IG (memorandum dated November 16, 2006) 247-263 Approved and adopted Ordinance # 2006-041 to rezone from CG and CH to IL. 5. Consideration of Proposed Amendments to LDR Chapter 910, Concurrency Management System; Title X, Impact Fees; and \[Legislative\] Chapter 912, Single-Family Development (memorandum dated November 21, 2006) 264-366 Approved to move the public hearing to January 23, 2007 and hold a public workshop on January 11, 2007. The public hearing was open for comment and no one spoke. 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 Joseph Paladin, Chairman, Growth Awareness Committee Regarding Proposed County Policy of Right- of-Way Acquisition 367-369 No Board Action 2. Request to Speak from Marie Terranova Regarding Denial of Impact Fee Increase Exemption 370 Approved impact fee exemption for Marie Terranova. Break from 10:24 a.m. to 10:38 a.m . C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR MATTERSPAGE A. Proposed Legislative Needs 2007 (memorandum dated November 28, 2006) 371-372 Page 7 of 11 December 5, 2006 Approved proposed 2007 Legislative Needs and added “Water Supply”. 11. DEPARTMENTAL MATTERS A. Community Development 1. Reconsideration of DiVosta Slab Removal Agreement (memorandum dated November 27, 2006) 373-383 No Board Action Emergency Services B. None General Services C. 1. Request for Additional Space from the Clerk of Circuit Court and the County Health Department (memorandum dated November 28, 2006) 384-386 Approved to delay the requests for additional space from the Clerk of Circuit Court and the County Health Department until late spring or early summer after the move has been made to the New County Administration Building. Human Resources D. None Human Services E. None 11. DEPARTMENTAL MATTERS (CONT’D.) PAGE Leisure Services F. None Office of Management and Budget G. None Recreation H. None 11. DEPARTMENTAL MATTERS (CONT’D.) PAGE Public Works I. Page 8 of 11 December 5, 2006 1. CR 512, Phase III, CR 510 – Project #9611 and 001, Bid Number 2006065, Change Order # 6 (memorandum dated November 28, 2006) 387-394 Approved Change Order # 6 in the amount of $129,876.90 with J. W. Cheatham, LLC adjusting the new contract amount to $13,877,531.30. 2. Florida Department of Transportation Maintenance Memorandum of Agreement (MOA) for US1 from Oslo Road to South Relief Canal for Landscape Maintenance (memorandum dated November 20, 2006) 395-448 Approved the Florida Department of Transportation Maintenance Memorandum of Agreement (MOA) for US1 from Oslo Road to South Relief Canal for Landscape Maintenance obligating the County to maintain the vegetation and authorized the Chairman to execute the MOA. Utilities Services J. 1. Consulting Services Work Order No. 4 Amendment 2 with Kimley- Horn for Permitting, Design and Construction Services for Replacement of Wabasso Causeway Water and Sewer Main (memorandum dated November 4, 2006) 449-454 Approved Amendment No. 2 to Work Order No. 4 with Kimley- Horn and Associates, Inc. in the amount of $39,400 for additional work associated with the Wabasso Causeway Water and Sewer Main project, and authorized the Chairman to execute the same as presented. 12. COUNTY ATTORNEY MATTERS PAGE A. Waterway Village – DRI Vesting (memorandum dated November 28, 2006) 455-469 Page 9 of 11 December 5, 2006 Approved the final development order for Waterway Village did not meet concurrency (is NOT vested). (WD/GW 5-0) 13. COMMISSIONERS ITEMS Commissioner Gary C. Wheeler, Chairman A. None Commissioner Sandra L. Bowden, Vice Chairman B. None Commissioner Wesley S. Davis C. 1. Resolution of Support for a Proposed National Sculling Training and Competition Site along the South End of the C-54 Canal (memorandum dated November 28, 2006) 470-473 Approved to direct the County Attorney to prepare a resolution of Support for a proposed national sculling training and competition site along the south end of the C-54 Canal and present this to the Legislative Delegation at their meeting on December 14, 2006. Resolution # 2006-186 Commissioner Joseph E. Flescher D. None Commissioner Peter D. O’Bryan E. None 14. SPECIAL DISTRICTS AND BOARDS Emergency Services District A. None Solid Waste Disposal District – 12:12P.M. B. 1. Approval of Minutes Meeting of October 10, 2006 Approved 14. SPECIAL DISTRICTS AND BOARDS – (CONT’D.) PAGE Page 10 of 11 December 5, 2006 Solid Waste Disposal District B. 2. Approval of Bid Award for IRC Bid # 2006105, Front End Wheeled Loader with Trash Handler and Guard Package, Utilities Department / Solid Waste Disposal District (memorandum dated November 17, 2006) 474-481 Approved the award of the bid to Flagler Construction Equipment, LLC as the second lowest most responsive bidder meeting in the amount of $194,478.00 meeting all but one specification item as set forth in the Invitation to Bid. The low bidder, US Shoring Equipment Co., failed to meet the bid specifications on many critically important items as detailed in the SWDD recommendation memo. 3. Recycling Services for Schools/Government Facilities (memorandum dated September 20, 2006) 482-484 Approved to increase amount paid to Treasure Coast Services for recycling services for schools/government facilities from $18,000.00 to $20,137.28 (3% increase) effective October 1, 2006 4. Florida Tire Recycling, Inc. (FTR) Waste Tire Agreement (memorandum dated October 24, 2006) 485-491 Approved one year agreement with Florida Tire Recycling, Inc. to continue to recycle waste tires and authorized the Chairman to execute. Environmental Control Board C. None 15. ADJOURNMENT – 12:14 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 5, 2006