HomeMy WebLinkAbout12/6/2005
9:00 A.M. -TUESDAY, AUGUST 10, 2004, 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 Street. Vero Beach, Florida, 32960 th 1840 25 County Administration Building WWW.IRCGOV.COM Street. Vero Beach, Florida, 32960 th 1840 25 gCounty
Administration Buildin 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 6, 2005 - 9:00 A.M.
County Commission Chamber
County Administration Building
th
1840 25 Street. Vero Beach, Florida, 32960-3365
WWW.IRCGOV.COM
COUNTY COMMISSIONERS
Thomas S. Lowther, Chairman District 4 Joseph A. Baird, County Administrator
Arthur R. Neuberger, Vice Chairman District 2 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
Gary C. Wheeler District 3
PAGES
1.
CALL TO ORDER 9:00 A.M. – ALL PRESENT
Father Tri, St. Helen Catholic Church
2.
INVOCATION
Commissioner Gary C. Wheeler
3.
PLEDGE OF ALLEGIANCE
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Addition – 5.B – Boys and Girls Clubs of Indian River County
(letter dated December 2, 2005)
Additional Backup – 9.B.2
Addition 13.A.2 – Florida Ridge House
Approved
Page 1 of 13
December 6, 2005
PAGES
5.
PROCLAMATIONS and PRESENTATIONS
A. Presentation for the Indian River County / Pointe West Holiday Fire and Ice
Special Event
Presentation by Chuck Mechling, Pointe West and Rudolph the Red Nose
Reindeer.
B. Boys and Girls Clubs of Indian River County
Addition
(letter dated December 2, 2005)
Approved the use of Dodgertown, with the sale of alcohol, for a concert on
April 1, 2006.
6.
APPROVAL OF MINUTES
A. Regular Meeting of October 4, 2005
Approved
B. Regular Meeting of October 11, 2005
Approved
C. Regular Meeting of October 18, 2005
Approved
D. Special Call Meeting of October 20, 2005
Approved
E. Regular Meeting of November 1, 2005
Approved
7.
CONSENT AGENDA
A. Reports Placed on File in the Office of Clerk to the Board:
1. Report of Convictions, month of October, 2005
2. Town of Indian River Shores Annexation Ordinance No. 476
Approved
B. Approval of Warrants
(memorandum dated November 10, 2005) 1-13
Approved
Page 2 of 13
December 6, 2005
7.
CONSENT AGENDA (CONT’D.) PAGES
C. Approval of Warrants
(memorandum dated November 17, 2005) 14-19
Approved
D. Canvassing Board Workshop
(memorandum dated November 30, 2005) 20-23
Approved
E. Out of County Travel for Commissioners to Attend the National Association
of Counties (NACo) Annual Legislative Conference – March 4-8, 2006
(memorandum dated November 30, 2006) 24-28
Approved
F. Resignation from the Environmental Control Hearing Board (ECHB)
(memorandum dated November 30, 2005) 29-30
Accepted the resignation of Dr. Witte, Medical Doctor position on ECHB.
G. FY 2004-2005 Records Disposition Compliance Statement and Records
Management Liaison Officer Form
(memorandum dated November 30, 2005) 31-33
Approved
H. Property Acquisition – Tax Roll Removal & Tax Cancellation
(memorandum dated November 16, 2005) 34-86
Approved and adopted Resolutions: # 2005-190, # 2005-191,# 2005-192, #
2005-193, # 2005-194, # 2005-195, # 2005-196, # 2005-197, # 2005-198, #
2005-199, # 2005-200, # 2005-201, # 2005-202, and # 2005-203.
I. Out of County Travel for the County Administrator
(memorandum dated November 29, 2005) 87-90
Approved travel for County Administrator to attend GFOA Conference in
Montreal, May 7-10, 2006.
J. Resolution to Florida Department of Environmental Protection requesting
establishment of an Erosion Control Line for the Sector 7 Beach Restoration
Project
(memorandum dated November 18, 2005) 91-94
Approved and adopted Resolution # 2005-204.
Page 3 of 13
December 6, 2005
7.
CONSENT AGENDA (CONT’D.) PAGES
K.
Disaster Relief Funding Agreement for Hurricane Wilma
(memorandum dated November 15, 2005)
95-109
Approved agreement and authorized Chairman to sign all documents
associated with the agreement.
L.
Purchase of a One-Year Software License Agreement and Installation for the
800 MHz Radio System
(memorandum dated November 16, 2005) 110-113
Approved purchase of one-year software license agreement and
installation at a cost of $74,000 and authorized the Chairman to sign.
M.
Fireworks Indemnification
(memorandum dated November 29, 2003)
114-124
Approved contract in the amount of $6,000 and authorized the Chairman
to sign.
N. Mall Center L.L.C.’s Request for Final Plat Approval for a Subdivision to be
Known as Mall Center
(memorandum dated November 22, 2005) 125-129
Approved final plat approval for Mall Center L.L.C.
O. KB Homes Treasure Coast L.L.C.’s Request for Final Plat Approval for a
Subdivision to be Known as Pointe West North Village Phase IV P.D.
(memorandum dated November 22, 2005) 130-143
Approved Final Plat approval and authorized the Administrator to sign the
Contract for Construction of Required Improvement and Cash Deposit
and Escrow Agreement.
P. Request to Approve a Modification to the Work Plan for the County’s
Community Development Block Grant (CDBG) Housing Rehabilitation
Project
(memorandum dated November 18, 2005) 144-148
Approved modification to the work plan for the CDBG Housing
Rehabilitation Project extending the date from January 28, 2006 to July
28, 2006 and authorized the Chairman to sign the agreement.
Page 4 of 13
December 6, 2005
7.
CONSENT AGENDA (CONT’D.) PAGES
Q. Flinchum-Schlitt Development II, L.L.C.’s Warranty of 2-Lane Road Along
th
½ Mile Section of 5 Street SW from “The Farms West Subdivision”
th
Entrance to the Intersection of 66 Avenue Pursuant to Developer’s
Agreement
(memorandum dated November 30, 2005) 149-156
Approved the Cash Deposit Escrow Agreement and authorized the
Chairman to execute same.
R. Miscellaneous Budget Amendment 003
(memorandum dated November 29, 2005) 157-159
Approved and adopted Resolution # 2005-205.
S. Miscellaneous Budget Amendment 004
(memorandum dated November 29, 2005) 160-165
Approved and adopted Resolution # 2005-206.
T. Financial Advisory Agreement First Southwest Company
(memorandum dated November 29, 2005) 166-175
Approved Financial Advisory Agreement with First Southwest Company
effective December 6, 2005 and remain in effect for five years and
authorized the Chairman to execute same.
U. Fourth Amendment to the Emergency Contract Barth Construction IRCSO
Hurricane Repair/Renovation
(memorandum dated November 15, 2005) 176-180
Approved fourth amendment to contract in the amount of $65,273.52 and
authorized the Chairman to execute same.
V. Progress Report – New County Administration Building
(memorandum dated November 30, 2005) 181-187
Accepted report and approved deductive Change Orders necessary to
effectuate the value engineered items not to exceed $304,364.50 as they are
submitted with the savings to be placed in the Owner’s Contingency and
approved the reduction of the GMP from $33,086,442 to $31,824,906.16
based on the Owner’s Direct Purchases of $1,261,535.84.
W. Award of Annual Bid for Street Sweeping Service Bid # 2006027 Public
Works Department / Road and Bridge Division
(memorandum dated November 18, 2005) 188-195
Awarded the bid to USA Services of Florida, Inc.
Page 5 of 13
December 6, 2005
7.
CONSENT AGENDA (CONT’D.) PAGES
X. Award of Annual Bid for Polymer, IRC Bid # 2006031 Utilities Department
(memorandum dated November 16, 2005) 196-202
Awarded the bid to Polydyne, Inc. as the lowest and most responsive bidder
meeting the specifications as set forth in the Invitation to Bid at a cost of
$8.428 per gallon; authorized the Purchasing Department to issue blanket
purchase orders, as needed for a period of December 2005 through
September 30, 2006 and authorized the Purchasing Manager to renew this
bid for two (2) additional one year periods subject to satisfactory
performance, zero cost increase, vendor acceptance and the determination
of renewal of this annual contract in the best interest of Indian River
County.
Y. Request to add Equipment to the North Tower Site
(memorandum dated November 30, 2005) 203-204
Approved request from Sprint to add equipment to North Tower site and
authorized the Chairman to execute the Owner Authorization form so they
can apply for a construction permit.
8.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. David C. Nolte, ASA, Indian River County Property Appraiser:
Final Budget Amendment for Year Ending September 30, 2005
(letter dated October 21, 2005) 205-206
Approved
B. David C. Nolte, ASA, Indian River County Property Appraiser:
Annual Report for Year Ending September 30, 2005
(letter dated October 27, 2005) 207-210
Approved
9.
PUBLIC ITEMS
A. PUBLIC HEARINGS
1. The Squire Subdivision Petition Water Service (57 th Avenue, North
rd
of 33 Street) Indian River County Project No. UCP-2535
\[Administrative\]
Preliminary Assessment – Resolution III
(memorandum dated November 10, 2005) 211-220
Approved and adopted Resolution # 2005-207.
9.
PUBLIC ITEMS – (CONT’D.) PAGES
Page 6 of 13
December 6, 2005
A. PUBLIC HEARINGS – (CONT’D.)
2. Point-O-Woods Subdivision Petition Water Service (Robin Lane –
Riverside – Off Roseland Road) Indian River County Project No.
UCP-2613 Preliminary Assessment – Resolution III
\[Administrative\]
(memorandum dated November 10, 2005) 221-232
Approved and adopted Resolution # 2005-208.
B. PUBLIC DISCUSSION ITEMS
1. Request to Speak from Brian Heady Regarding Elected
Representative’s Responsibilities
(e-mail dated November 16, 2005) 233
No Board Action – This item was heard following item 11.I.6 due
to Mr. Heady not being present at the time he was to speak.
2. Request to Speak from Sue Skirvin Regarding Planning and Zoning
issue
(letter dated November 17, 2005) 234-236
No Board Action – Skirvin’s directed to file for a variance
through the Board of Adjustments and Appeals.
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing December 13, 2005:
An Ordinance of the Board of County Commissioners of Indian
River County, Florida, Amending Indian River County Ordinance
Number 2005-015 “Title X, Impact Fees”; Providing for Removing
the Necessity of Impairment to Existing Contracts Before Impact
Fees Can be Waived; Providing for Setting September 30, 2005, as
the Date to Submit Contracts for Consideration; Providing for
Codification; Providing for Severability; and Providing for an
\[Legislative\]
Effective Date. 237
No Board Action
2. Notice of Scheduled Public Hearings December 13, 2005:
A.
Amendment to the County’s Disaster Recovery Initiative
Community Development Block Grant (CDBG), to
\[Legislative\]
re-allocate project funds 238-239
No Board Action
9.
PUBLIC ITEMS – (CONT’D.) PAGES
Page 7 of 13
December 6, 2005
C. PUBLIC NOTICE ITEMS – (CONT’D.)
B.
Roseland United Methodist Church’s request for special
exception use approval for a daycare to be located at 12962
\[Quasi-Judicial\]
Roseland Road
No Board Action
C.
Brackett Family Ltd. Partnership’s request to rezone +/- 30
th
acres located south of 12 Street, approximately 2100 feet
th
east of 90 Avenue from A-1, Agricultural-1 District (up to
1 unit/5 acres), to RM-6, Multiple-Family Residential
District (up to 6 units/acre). Brackett Family Ltd.
\[Quasi-Judicial\]
Partnership, Owner.
No Board Action
10.
COUNTY ADMINISTRATOR’S MATTERS
City of Fellsmere’s Request for Donation of Land
A.
(memorandum dated November 28, 2005)
240-249
Approved Alternative 2 to grant the City of Fellsmere a drainage
easement for the two parcels requested. The parcels are to be used only
for drainage and open space.
Acceptance of ASBPA 2005 Top Restored Beach Award
B.
(memorandum dated December 1, 2005)
250-255
Approved for Commissioner Bowden to represent the Board to accept the
award on behalf of the County as well as a member from County staff.
11.
DEPARTMENTAL MATTERS
A.
Community Development
None
Emergency Services
B.
None
General Services
C.
None
Human Resources
D.
None
11.
DEPARTMENTAL MATTERS (CONT’D.) PAGES
Page 8 of 13
December 6, 2005
Human Services
E.
None
Leisure Services
F.
None
Office of Management and Budget
G.
None
Recreation
H.
None
Public Works
I.
1. Summary of the Stormwater Division’s Phase I Regional Solution
to Federally Mandated Stormwater Pollution Reduction
Requirements (Capital Projects), including an Introduction of a new
Regional Stormwater Pollution Control Facility.
(memorandum dated November 30, 2005) 256-282
Approved locating the Algal Turf Scrubber System on County
owned property located west of Old Dixie Highway abutting the
South Relief Canal and the Lateral J Canal. Staff to also work
with the Mountain Trail Bike Association to see if their trails can
be worked in around this project.
2. Bluewater Bay Developer’s Agreement for Developer Contributions
to Roadway Improvements along C.R. 510 and Nearby Intersections
(memorandum dated November 29, 2005) 283-293
Approved Alternative # 2 to deny Developer’s Agreement. Staff
and the developer are to each select an appraiser and then the two
appraiser’s are to select one and bring back three appraisers for
“undeveloped land – RS-3 Zoning”. Cost of the appraisers to be
split 50/50 between the developer and the County.
Break from 10:46 a.m. to 10:55 a.m.
11.
DEPARTMENTAL MATTERS (CONT’D.) PAGES
Page 9 of 13
December 6, 2005
Public Works – (CONT’D.)
I.
3. Work Order No. 2 Burdette Associates, Inc. for Heron Cay Specific
Purpose Drainage Survey
(memorandum dated November 22, 2005) 294-305
Approved Work Order No. 2 with Burdette Associates, Inc. for a
lump sum not to exceed $19,062.00. Staff to amend “Exhibit A”
to match the lots with the Heron Cay Homeowner’s Association
and provide the Homeowner’s Association with copies of
correspondence sent to the lot owners.
4. Work Order No. 2 (Phase 3) Surveying and Mapping Services for
the Indian River County Township and Sectional project.
(memorandum dated November 22, 2005) 306-314
Approved Work Order No. 2 (Phase 3) with Nick Miller, Inc. in
the amount of $229,390.00, authorized the project and the
Chairman to execute the Master Contract and Work Order No. 2.
5. Stipulation of Parties Agreement for 53 rd St. Proposed Railroad
st
Crossing, including the closing of 71 Street Railroad Crossing and
Revised License Agreements with FEC Railroad, Indian River
County Project No. 0107
(memorandum dated November 18, 2005) 315-347
Approved the FEC Agreement and authorized the Chairman to
sign the Stipulation of Parties agreeing to all the terms and
conditions.
6. Developer’s Agreement for Turtle Creek Planned Development –
th
27 Avenue SW Widening Improvements
(memorandum dated October 4, 2005) 348-355
Approved Developer’s Agreement and authorized the Chairman to
sign.
Utilities Services
J.
1. Utilities Department Operations Center Approval of Change Order
No. 3
(memorandum dated November 8, 2005) 356-362
Approved Change Order No. 3 in the amount of $602,082 with an
increase of 37 construction days and authorized the Chairman to
execute the same, as presented.
12.
COUNTY ATTORNEY PAGES
Page 10 of 13
December 6, 2005
A. Countryside North Manufactured Home Community – Outstanding Sewer
Impact Fee Obligation
(memorandum dated November 4, 2005) 363-369
Authorized the retention of the law firm of Awerbach and Cohn for the
purpose of filing a suit against the owners of Countryside North
Manufactured Home Community in an attempt to recover balances
believed to be due and owing.
13.
COMMISSIONERS ITEMS
Commissioner Thomas S. Lowther, Chairman
A.
1. Request from Enterprise Zone Development Agency (EZDA)
(memorandum dated November 30, 2005) 370
Denied recommendation for staff to establish a process that would
accelerate processing for building permits or planning and zoning
matters for those companies or individuals doing work within the
Enterprise Zone.
2. Florida Ridge House
Addition
Consensus that staff will contact owner about removing the
“construction trailer’ from the site and monitor the progress of
the house renovations in the next 6-8 weeks.
Commissioner Arthur R. Neuberger, Vice Chairman
B.
None
Commissioner Sandra L. Bowden
C.
1. Request for independent outside counsel review of the Lewis Barton
Case
Approved to end conversation with Lewis Barton, turn this over to
County legal staff and regular staff and very aggressively start to
bring this to a decisive conclusion. Authorized County Attorney
Collins to proceed with an injunction if necessary, regarding the
construction trailer and semi-trailer.
Commissioner Wesley S. Davis
D.
None
Commissioner Gary C. Wheeler
E.
None
Break from 12:25 p.m. to 12:33 p.m.
14.
SPECIAL DISTRICTS AND BOARDS PAGES
Page 11 of 13
December 6, 2005
Emergency Services District – 12:33 P.M.
A.
1. Approval of Minutes: Meeting of October 18, 2005
Approved
2. FY2004-2005 Records Disposition Compliance Statement and
Records Management Liaison Officer Form
(memorandum dated November 30, 2005) 371-373
Approved
3. Design Services Contract (Part I Agreement) with Barth
Construction for the Construction of Emergency Services Station 12
(memorandum dated November 30, 2005) 374-392
Approved the Part I Agreement with Barth Construction and
authorized the Chairman to execute the same.
14.
SPECIAL DISTRICTS AND BOARDS
Solid Waste Disposal District – 12:34 P.M.
B.
1. Approval of Minutes:
Meeting of October 4, 2005
A.
Approved
Meeting of October 11, 2005
B.
Approved
Meeting of November 1, 2005
C.
Approved
2. FY 2004-2005 Records Disposition Compliance Statement and
Records Management Liaison Officer Form
(memorandum dated November 30, 2005) 393-395
Approved
3. Phase III Permitting for Development of SWDD’s Northern
Expansion Area
(memorandum dated November 16, 2005) 396-407
Approved CDM’s proposal and authorized the Chairman to
execute Work Authorization No. 4 in the amount of $181,100.
14.
SPECIAL DISTRICTS AND BOARDS PAGES
Page 12 of 13
December 6, 2005
Environmental Control Board – 12:36 P.M.
C.
1. Approval of Minutes: Meeting of October 11, 2005
Approved
2. Request for Authorization to Sue Mr. David Howard, aka John
David Howard, Environmental Control Hearing Board Case No.
276-98
(memorandum dated November 9, 2005) 408
Approved request to file a lawsuit in Circuit Court against John
David Howard for the civil penalty and corrective action ordered
by the Hearing Board.
15.
ADJOURNMENT - 12:37 A.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 13 of 13
December 6, 2005