HomeMy WebLinkAbout02/13/200711,1,11111 "Ian
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IMPLEMENTATION
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, FEBRUARY 13, 2007 - 9:00 A.M.
County Commission Chamber
County Administration Building
1840 25th Street. Vero Beach, Florida, 32960-3365
WWW.IRCGOV.COM
COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Sandra L. Bowden, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Peter D. O'Bryan
District 3
District 5
District 1
District 2
District 4
Joseph A. Baird, County Administrator
William G. Collins II, County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Rev. Kyle "K.C." Gibson, Senior Pastor
New Bethel African Methodist Episcopal Church
Commissioner Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5F. Commissioner O'Bryan added presentation by Kurt
,Spitzer, initial consultation With BCC regarding his
services as Facilitator/Consultant for developing (l
Charter Government.
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Commemorating Step Up, Florida!
PAGE
1
Presentation by Commissioner Flescher.
5. PROCLAMATIONS and PRESENTATIONS (CONT'D.)
PAGE
February 13, 2007 Page 1 of 12
B. Presentation of Proclamation Honoring African American Pioneer Day
February 13, 2007 2
Presentation by Commissioner Davis.
C. Presentation of Proclamation Honoring 2-1-1 Awareness Week February 11
— 18, 2007 3
Presentation by Commissioner O'Bryan.
D. Presentation of Proclamation Honoring Carlita Harvey on her Retirement
from Indian River County Department of Utility Services 4-5
Presentation by Commissioner Bowden.
E. Presentation of Proclamation Honoring the Memory of Robert "Bob" M.
Tenbus for his Many Years of Service on Various Board and Committees 6
Presentation by Commissioner Wheeler.
6. APPROVAL OF MINUTES
A. Regular Meeting of December 19, 2006
Approved.
B. Regular Meeting of January 9, 2007
Approved.
7. CONSENT AGENDA
A. Approval of Warrants — January 26 — February 01, 2007
(memorandum dated February 1, 2007) 7-15
7.
Approved.
B. Out of County Travel for Commissioners to Attend Florida Association of
Counties Legislative Day March 28, 2007
(memorandum dated February 1, 2007)
16-19
Approved.
C. Appointment of Commissioner Sandra Bowden to the Sustainable Treasure
Coast, Inc. Committee as an Ex -Officio Member
(memorandum dated February 6, 2007)
20-21
Approved.
CONSENT AGENDA PAGE
February 13, 2007 Page 2 of 12
D. 2007 Election of North Barrier Island Ongoing Review Committee (NBIOR)
Chairman and Vice Chairman
(memorandum dated February 2, 2007)
22
Re-election of Bill Glynn as Chairman, and re-election of Bob Johnson as
Vice Chairman of the North Barrier Island Ongoing Review Committee
for 2007.
No Board Action.
E. Resignation of Tourist Industry Appointee to the Economic Development
Council
(memorandum dated January 31, 2007)
23
Resignation of Robert Tenhus.
No Board Action.
F. Resignation of Appointee Interested in Tourist Development to the Tourist
Development Council
(memorandum dated January 31, 2007)
24
Resignation of Robert Tenbus.
No Board Action.
G. Proclamation Honoring Gary Alan Jacobson on his Retirement from the
Indian River County Department of Utility Services 25-26
No Board Action.
H. Modification to Memorandum of Understanding (MOU) Between the
University of Florida and Indian River County
(memorandum dated February 6, 2007)
27
Approved.
Solicitation of Proposals for Providing Food Service
(memorandum dated February 7, 2007) 28
Approved.
J. Miscellaneous Budget Amendment 010
(memorandum dated February 7, 2007) 29-34
Approved Resolution #2007-008.
K. Approval of Work Order No. 18 for Surveying Services from Masteller,
Moler, Reed & Taylor, Inc. to Locate Potential Conflicts between Existing
Water and Sewer Utilities and Proposed Drainage Facilities Related with the
CR 512 Phase IV Improvements, Public Works Project No. 9611B
(memorandum dated February 2, 2007)
35-39
February 13, 2007 Page 3 of 12
Approved Work Order No. 18 for Surveying Services froin Masteller,
Moler, Reed & Taylor, Inc. in the amount of $4,800.
L. Approval Work Order No. 1 (Engineering) with CTI -Construction Testing &
Inspection, Inc. Providing Professional Geotechnical Services in Accordance
with the Annual Geotechnical Services Contract No. 0534, Indian River
County Project No. 0201, Indian River Drive South Sidewalk Improvements
(memorandum dated January 31, 2007)
40-45
Approved Work Order No. 1 for testing services to CTI -Construction
Testing & Inspection, Inc. in the amount of $1,994.
M. Approval Work Order No. 2 (Engineering) with CTI -Construction Testing &
Inspection, Inc. Providing Professional Geotechnical Services in Accordance
with the Annual Geotechnical Services Contract No. 0534, Indian River
County Project No. 0382, Fellsmere Sidewalk Phase II
(memorandum dated January 31, 2007)
46-51
Approved Work Order No. 2 for testing services to CTI -Construction
Testing & Inspection, Inc. in the amount of $2,662.29.
N. Approval Work Order No. 1 (Engineering) with Ardaman & Associates, Inc.
Providing Professional Geotechnical Services in Accordance with the
Annual Geotechnical Services Contract No. 0534, 16th Street Bridge at 74th
Avenue (Project No. 9920B)
(memorandum dated January 31, 2007)
52-58
Approved Work Order No. 1 for testing services to Ardaman & Associates,
Inc. in the amount of $4,724.
0. Approval Work Order No. 2 (Engineering) with Ardaman & Associates, Inc.
Providing Professional Geotechnical Services in Accordance with the
Annual Geotechnical Services Contract No. 0534, 56th Place Bridge north of
53rd Street (Project No. 0703)
(memorandum dated January 31, 2007)
59-65
Approved Work Order No. 2 for testing services to Ardaman & Associates,
Inc. in the amount of $7,226.50.
February 13, 2007 Page 4 of 12
7. CONSENT AGENDA PAGE
P. Approval Work Order No. 3 (Engineering) with Ardaman & Associates, Inc.
Providing Professional Geotechnical Services in Accordance with the
Annual Geotechnical Services Contract No. 0534, 8th Street Bridge at 74th
Avenue (Project No. 03107-B)
(memorandum dated January 31, 2007) 66-72
Q.
Approved Work Order No. 3 for testing services to Ardaman & Associates,
Inc. in the amount of $4,724.
Approval Work Order No. 4 (Engineering) with Ardaman & Associates, Inc.
Providing Professional Geotechnical Services in Accordance with the
Annual Geotechnical Services Contract No. 0534, 13th Street SW Bridge at
58th Avenue (Project No. 0530-B)
(memorandum dated January 31, 2007)
73-79
Approved Work Order No. 4 for testing services to Ardaman & Associates,
Inc. in the amount of $4,724.
R. Final Release of Retainage, Applied Technology and Management, Inc.,
Contract Amendments #6 and #7
(memorandum dated January 23, 2007)
80-82
Approved final release of retainage, Applied Technology and
Management, Inc., Contract Amendments #6 and #7, in the amount of
$46, 710.50.
S. Approval of RFP/Bid Award and Agreement for IRC Bid # 2007009 Library
Automation System
(memorandum dated February 7, 2007)
83-121
Approved RFP/Bid Award and Agreement for IRC Bid #2007009 Library
Automation System to Polaris Library Systems in the amount of $162,084
and authorized Chairman to execute the contract.
T. Approval of Change Order No. 1 with Utilities Labor Contractor for Utility
Conflict Resolutions Along US1 from Wabasso Road to Harrison Street
(memorandum dated February 2, 2007)
122-129
Approved Change Order No. 1 with Utilities Labor Contractor in the
amount of $35,669.80, and authorized the Chairman to execute said
Change Order as presented.
8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
February 13, 2007 Page 5 of 12
A.
Indian River County Sheriff Roy Raymond
2007 — 2008 Victims of Crime Act (VOCA) Grant Application
(letter dated February 5, 2007)
130-163
Approved the 2007-2008 Victims of Crime Act (VOCA) Grant Application
in the amount of $46,646.
9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Chesnut and Smith's Request to rezone ±3.35 acres from CL to CG
(memorandum dated February 2, 2007) 164-178
Quasi -Judicial
Approved Chesnut and Smith's request to rezone +3.35 acres
CL to CG as presented, Ordinance 2007-003.
2. United Indian River Packers LLC's Request for Approval of a
Small Scale Comprehensive Plan Future Land Use Map
Amendment to Redesignate 8.36 Acres From L-2 to C/I, and to
rezone those 8.36 acres from RM -6 to IL; and Highpointe LLC's
Request to Redesignate 8.36 Acres from C/I to L-1
(memorandum dated February 2, 2007)
179-208
Legislative
Approved United Indian River Packers LLC's request for approval
of ca small scale C'oinprehenvive Plan Future Land Use Map
Amendment to redesignate 8.36 acres from L-2 to C'/I, Ordinance
2007-004; to rezone those 8.36 acres from RM -6 to IL, Ordinance
2007-005; and Highpoint LLC"s request to redesignate 8.36 acres
from C'/I to L-1, Ordinance 2007-006.
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 Bonding out for Maintenance
Bonds, Site over Site Plan Multi -Family, and Level of Bond
209
Requested the County Attorney to draft a revision to Ordinance
2005-032 to snake the bonding requirement "A plus VII"
February 13, 2007 Page 6 of 12
B. PUBLIC DISCUSSION ITEMS (CONT'D):
2. Request to Speak from Victor Hart Regarding the Gifford Park
Security House 210
Approved getting the construction of Gifford Park Security House
hack on track with awarding the hid to the lowest bidder, Bid
#200703 to Passage Island Homes in the amount of $127,680. If
that was not possible, allow Commissioner Davis 30 days to come
up with alternative funding for the project.
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing for February 20, 2007:
Public hearing to reconsider the granting of special exception use
approval for a 100 -foot monopole wireless communications tower
to be location at 8000 26th Street as part of a proposed settlement in
the case of Nextel South, Corp. vs. Indian River County (U.S.
District Court, Southern District)
(memorandum dated February 5, 2007)
211
Quasi -Judicial
No Board Action.
2. Notice of Scheduled Public Hearing for February 20, 2007:
Board consideration to approve purchase of agricultural
conservation easements on the Sexton Ranch under the county
environmental land acquisition program (continued from January
16, 2007)
(memorandum dated February 5, 2007)
212
Administrative
No Board Action.
February 13, 2007 Page 7 of 12
9. PUBLIC ITEMS (CONT'D.) PAGE
C. PUBLIC NOTICE ITEMS (CONT'D.)
3. Notice of Scheduled Public Hearing for February 20, 2007:
Establishment of the West Wabasso Streetlighting Municipal
Services Benefit Unit and Amendment to Indian River County Code
Section 200.07
(memorandum dated February 7, 2007)
213
Legislative
No Board Action.
4. Notice of Scheduled Public Hearing for February 20, 2007:
Amend Chapter 307, of the Indian River County Code by Creating
Section 307.13, Prohibition of All Terrain Vehicle Operation on
Unpaved Roadways
(memorandum dated February 6, 2007)
214-217
Legislative
No Board Action.
10. COUNTY ADMINISTRATOR MATTERS
None
11. DEPARTMENTAL MATTERS
A. Community Development
1. Appeal by I AM Ministries (The Source) of A Decision by the
Planning & Zoning Commission to Uphold an Appeal by Steven &
Erin Metz and Overturn a Decision by Community Development
Staff That the Non -conforming Residential Treatment Center Use at
5925 37th Street Did Not Cease for More Than One Year and That
the Use May Continue Under Different Ownership
(memorandum dated February 7, 2007)
Quasi -Judicial
218-339
Motion was made by WI), seconded by SB that the appeal should
not be heard at this meeting because the appeal was not effective,
was untimely and did not have jurisdiction because it was not
accompanied by a filing fee. Motion passed (3-2) with PO & JF
in opposition.
February 13, 2007 Page 8 of 12
B.
2. Century Realty Funds Panther IX, LLC's Appeal of a Planning and
Zoning Commission Decision to Deny a Major Site Plan
Application to Construct a Commercial Shopping Center to be
Known as Century Town Center
(memorandum dated February 7, 2007)
Quasi -Judicial
340-397
Approved staff's recommendation of granting the appeal by
denying the Planning & Zoning Commission's (P&Z) decision to
deny the major site plan application and approve the application
with the conditions recommended by staff in its report, and
finding the P&Z failed to adequately evaluate the site plan
application with respect to the County's intersection impact
requirements. (5-0)
Emergency Services
None
11. DEPARTMENTAL MATTERS (CONT'D.) PAGE
C.
D.
E.
F.
G.
H.
General Services
None
Human Resources
None
Human Services
None
Leisure Services
None
Office of Management and Budget
None
Recreation
None
Public Works
1. Consideration of Intersection Improvements to Schumann Drive and
Barber Street
(memorandum dated January 31, 2007)
398-400
February 13, 2007 Page 9 of 12
J.
Approved intersection improvements to Schumann Drive and
Barber Street as presented at the cost of $3,500,000, noting the
cost did not include the right-of-way acquisitions.
2. Work Order No. 2 to the Professional Engineering Services
Agreement with Arcadis G & M, Inc. for Lane Widening of 43rd
Avenue from 25th Street S.W. to Oslo Road (9th Street S.W.) Indian
River County Project No. 0702
(memorandum dated February 6, 2007)
401-416
Approved Work Order No. 2 to the Professional Engineering
Services Agreement with Arcadis G & M, Inc. in the ainount of
$327,260.
Utilities Services
1. West Wabasso Community Water Project, Phase I Sheltra & Son,
Inc. Change Order No. 1 to Contract 2006051
(memorandum dated January 26, 2007)
417-421
Approved Change Order No. 1 to Contract 2006051 to Sheltra and
Son Construction Co., Inc. in the ainount of $30,370. and
authorize the Chairman to execute said Change Order.
2. Approval of Bid Award and Sample Agreement for IRC Bid #
2007029 Phase II Force Main West Wastewater Transmission
System — Utilities Department
(memorandum dated January 31, 2007)
422-439
Approved Bid Award and Sample Agreement for IRC Bid
#2007029 Phase II Force Main West Wastewater Transmission
System to S.P.S. Contracting, Inc. in the ainount of $3,341,598.46.
12. COUNTY ATTORNEY MATTERS PAGE
A. Proposed Property Exchange, Abandonment of Right-of-way at 1896
Mooring Line Drive
(memorandum dated February 7, 2007) 440-444
Approved the exchange of the County abandoning three feet of right-of-
way along Mooring Line Drive to allow for home expansion and the
requirement of the IRC Building Department to issue a Certificate of
Occupancy in exchange for Basil and Donna Keller dedicating to the
County property along 741/1 Avenue, Lots 104 and 105.
13. COMMISSIONERS ITEMS
A.
Commissioner Gary C. Wheeler, Chairman
1. Request for Discussion Regarding Decision on Board of County
Commission Office Staffing
(no back-up)
February 13, 2007 Page 10 of 12
B.
C.
D.
E.
Requested the County Administrator to direct Human Resources
Director, Jin Sexton, to perforin a feasibility study of how other
counties similar in size to Indian River County staff their BCC
offices, and bring hack to the BCC in 60 days their findings and
recommendations for staffing the Commission Office.
Commissioner Sandra L. Bowden, Vice Chairman
None
Commissioner Wesley S. Davis
1. Request from the Citizen's Coalition of South Mainland to Present
Their Concerns Regarding Proposed Comprehensive Plan Changes
by the City of Palm Bay
(memorandum dated February 6, 2007)
445-457
Requested County Administrator, Joseph Baird, to set up a
meeting with the City of Palin Bay.
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Bryan
None
14. SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
None
15. ADJOURNMENT — 3:19 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
February 13, 2007 Page 11 of 12
Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) 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.
February 13, 2007 Page 12 of 12