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IMPLEMENTATION
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, FEBRUARY 20, 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.
Rabbi Michael Birnholz, Temple Beth Shalom
Pastor Ray Scent
William G. Collins II, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Chairman Wheeler requested breaking for lunch at 12:00 Noon and resuming the
meeting at 1:30 p.m. at which time Public Hearing 9.A.5 would he heard.
PAGE
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating February 24, 2007 as Mental
Health Association in Indian River County Day 1
Presented by Commissioner Bowden.
B. Presentation of Proclamation Honoring Carol Besancon on Her Retirement
from Indian River County Department of Utility Services 2-3
Presented by Chairman Wheeler.
6. APPROVAL OF MINUTES
February 20, 2007 Page 1 of 12
A. Meeting of December 6, 2006, Alternative Water Supply Master Plan
Workshop
Approved.
B. Meeting of January 17, 2007, Charter Government Workshop
Approved.
7. CONSENT AGENDA
A. Approval of Warrants — February 2 — February 8, 2007
(memorandum dated February 8, 2007) 4-10
Approved.
B. Out of County Travel Associated with the Florida Association of Counties
2007 Annual Conference and Educational Exposition in Orange County,
Florida
(memorandum dated February 8, 2007)
11-13
Approved out of county travel for Commissioners and staff to attend the
Florida Association of Counties 2007 Annual Conference June 12-15,
2007 in Orlando, Florida.
C. Land Lease Agreement for Verizon Wireless Stealth Flagpole at Sea Oaks
Wastewater Treatment Plant
(memorandum dated February 14, 2007)
14-34
Approved the Lease with Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless and authorized the Chairman to execute the Lease
and the Memorandum of Land Lease Agreement.
D. Property Acquisition — Tax Roll Removal and Tax Cancellation
(memorandum dated February 8, 2007) 35-68
Approved and adopted Resolution #2007-009 , ultimate right-of-way for
the Oslo Road I)ot C Properties; Resolution #2007-010, ultimate right-of-
way for 891/1 Street — CR 510 widening project; Resolution #2007-011,
ultimate right-of-way for 451/1 Street (North Gifford Road) Harbor Trade
Centre; Resolution #2007-012, Judah, Lloyed & Upton; Resolution #2007-
013, Barber Street — Mercedes Homes; Resolution #2007-014, right-of-way
— Adains — 661/1 Avenue (S. of ,S1? -60).
E. Resolution Supporting Continued Funding of Florida Forever Program
(memorandum dated February 12, 2007)
69-73
February 20, 2007 Page 2 of 12
Approved and adopted Resolution #2007-015 supporting continued
funding of the Florida Forever Program.
F. Out of County Travel for the County Administrator
(memorandum dated September 21, 2006) 74-81
Approved the County Administrator's request to attend the FGFOA 2007
Annual Conference May 20-23, 2007 in Orlando, Florida.
G. Final Payment Work Order No. 5, Carter Associates, Inc., Supplemental
Services No. 1
(memorandum dated February 13, 2007)
82-83
Approved final payment in the amount of $1,485.00 to Carter Associates,
Inc.
H. Miscellaneous Budget Amendment 011
(memorandum dated February 14, 2007) 84-86
Approved Budget Amendment 001, Resolution #2007-016, without Item
#2, in the amount of $10,500 to purchase rescue hoards ($4,500) and
lightning protection ($6,000) for the Recreation Department.
Proposal by GeoSyntec Consultants, Inc. for Monitoring Well Installation
and Semi -Annual Groundwater Monitoring at the South County RO Plant
(memorandum dated February 12, 2007)
87-88
Approved ,S1VDD entering into a work authorization with GeoSyntec
Consultants, Inc. in the amount not to exceed $12,447 for Monitoring Well
Installation and Semi -Annual Groundwater Monitoring at the South
County RO Plant.
J. Authorization for Radio Communications Work in Emergency Operations
Center (EOC) by Communications International, Inc.
(memorandum dated February 14, 2007)
89-92
Approved Communications International, Inc., he designated as the Sole
Source provider for radio communication equipment enhancements and
installations and waive the standard hid procedures authorizing the
County Administrator to approve the issuance o necessary purchase
orders to Communications International, Inc.
7. CONSENT AGENDA (CONT'D.)
K. Progress Report — New County Administration Building and New
Emergency Operations Center
(memorandum dated February 14, 2007)
PAGE
93-98
Approved staff's progress report as presented.
February 20, 2007 Page 3 of 12
L. Acceptance of Change Order No. 5, New County Emergency Operations
Center
(memorandum dated February 14, 2007)
99-116
Approved Change Order No. 5, in the amount of 8,438. to Continental
Florida Materials for the New County Emergency Operations Center.
M. Permanent Part -Time Employment Agreement with Project Engineer
Clifford J. Suthard, P.E.
(memorandum dated February 14, 2007)
117-122
Approved the Permanent Part -Time Employment Agreement with Project
Engineer Clifford J. Suthard, P.E. for a period of two -years, or
termination of the agreement, whichever occurs first.
N. Request for Board Approval of a Work Plan Modification, a Budget
Amendment and Closeout of the County's Community Development Block
Grant (CDBG) Housing Rehabilitation Project
(memorandum dated February 12, 2007)
123-132
Approved the revised project work plan and budget amendment by
authorizing the Chairman to sign and execute Modification #5 to the
Grant Agreement Between the Department of Community Affairs and
Indian River County.
0. State Lobbyist Agreement Renewal
(memorandum dated January 22, 2007) 133-135
Approved the State Lobbyist Agreement Renewal with Ronald L. Book in
the amount of $75,000 for the 2007 Legislative Session.
P. Local Agency Program Agreement for the 12th Street Sidewalk
Improvements between Vero Beach Elementary School and 11th Avenue,
Indian River County Project No. 0216, FM No. 416083-1-58-01
(memorandum dated February 7, 2007)
Q.
136-164
Approved Resolution #2007-017, authorizing construction of the 1281
Street sidewalk improvements between Vero Beach Elementary School and
111/1 Avenue.
Local Agency Program Agreement for the 12th Street Sidewalk
Improvements between 43rd Avenue and 27th Avenue, Indian River County
Project No. 0604, FM No. 416084-1-58-01
(memorandum dated February 7, 2007)
165-193
Approved Resolution #2007-018, and authorized the Chairman to execute
the same for construction of the 1281 Street sidewalk listed in the
Comprehensive Plan.
8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
February 20, 2007 Page 4 of 12
None
9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Public Hearing for Adoption of an Ordinance Establishing the West
Wabasso Street Lighting Municipal Service Benefit Unit
(memorandum dated February 13, 2007)
194-210
Legislative
Approved Ordinance #2007-007 establishing the West Wabasso
Street Lighting Municipal Service Benefit Unit.
9. PUBLIC ITEMS (CONT'D.)
A. PUBLIC HEARINGS (CONT'D.)
2. Settlement of Lawsuit, Nextel South Corporation v. Indian River
County, U.S. District Court, Southern District, Case No. 06 -14274 -
Civ -Graham
(memorandum dated February 13, 2007)
PAGE
211-243
Quasi -Judicial
Approved to settle lawsuit with Nextel South Corporation and to
send ci letter along with backup material to State Legislature
expressing the BCC's concern.
3. Public Hearing — February 20, 2007 to 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 12, 2007)
244-248
Legislative
Approved to adopt amended Ordinance #2007-008 prohibiting All
Terrain Vehicle operation on unpaved roadways.
4. Request for Authorization to Submit an FY 2006/07 Grant
Application for 49 CH. 53, Section 5307 Mass Transit Capital and
Operating Assistance
(memorandum dated February 8, 2007)
249-264
Legislative
Approved and adopted Resolution #2007-019 authorizing the
filing of the FY 2006/07 Grant Application for 49 CH 53, Section
5307 Mass Transit Capital and Operating Assistance.
February 20, 2007 Page 5 of 12
9.
5. Consideration of the Purchase of Agricultural Conservation
Easements on Sexton Ranch under the County Environmental Lands
Program (Continued from the January 16, 2007 Board Meeting)
(memorandum dated February 13, 2007)
265-387
Administrative
Moved to time certain at 1:30 p.rn. Approved to exercise the
Sexton Ranch option agreement for purchase of agricultural
conservation easements in the amount of $12,000,000. Vote was
(4-1) with JF opposing.
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 Keith D. Hedin, Vice Chair, Code
Enforcement Board Regarding Appeal of Code Fine - Board
Overturned Code Fine with No County Staff Input
388
No Board Action.
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearings for March 6, 2007 Meeting:
(memorandum dated February 9, 2007) 389-390
A. Double R&D Inc: Request to change the land use
designation for ±40.23 acres located west of 86th Avenue and
south of the City of Sebastian from R, Rural Residential (up
to 1 unit/acre), to L-1, Low Density Residential -1 (up to 3
units/acre), and to rezone those 40.23 acres from A-1,
Agricultural -1 District (up to 1 unit/5 acres), to RS -3, Single
Family Residential District -1 (up to 3 units/acre). Double
R&D, Owner. MBV Engineering, Inc., Agent. [Legislative]
No Board Action.
PUBLIC ITEMS (CONT'D.)
PAGE
C. PUBLIC NOTICE ITEMS (CONT'D.)
1. Notice of Scheduled Public Hearings for March 6, 2007 Meeting:
(memorandum dated February 9, 2007) 389-390
February 20, 2007 Page 6 of 12
B. County Initiated: Request to change the land use designation
for 3,088 acres located south of the City of Fellsmere in
Township 32 South, Range 37 East and part of Sections 7, 8,
9, and 18, Township 32 South, Range 38 East from C-1,
Conservation -1 (Zero Density), to Ag -2, Agricultural -2 (Up
to 1 Unit/10 Acres), and to rezone those 3,088 acres from
CON -1, Conservation -1 (Zero Density), to A-2,
Agricultural -2 District (up to 1 unit/10 Acres). St. John's
River Water Management District, Owner. [Legislative]
No Board Action.
C. Quail Ridge of Vero Beach, LLC: Request to amend the
Comprehensive Plan's Future Land Use Element Policy 5.8.
[Legislative]
No Board Action.
D. County Initiated: Request to change the land use
designation for 12.46 acres located 650 feet north of 49th
Street and west of Lateral "H" canal and 34.05 acres located
265 feet north of 49th Street and east of Lateral "H" canal
from L-2, Low Density Residential -2 (up to 6 units/acre), to
PUB, Public. Board of County Commissioners, Owner.
[Legislative]
No Board Action.
10. COUNTY ADMINISTRATOR MATTERS
None
11. DEPARTMENTAL MATTERS
A.
B.
C.
Community Development
1. Demolition of various structures located at 5900 5th Street SW
(memorandum dated February 12, 2007)
391-396
Tabled until March 20, 2007 at which time Mr. Glenn W. Legwen
was instructed to bring forth drawings and structural designs from
his engineer, a schedule of completion, and financial information
showing he can proceed.
Emergency Services
None
General Services
None
February 20, 2007 Page 7 of 12
11. DEPARTMENTAL MATTERS (CONT'D.) PAGE
D.
E.
F.
G.
H.
J.
Human Resources
None
Human Services
None
Leisure Services
None
Office of Management and Budget
None
Recreation
None
Public Works
1. Right -of -Way Acquisition, 74th Avenue South of State Rd. 60 and
South of 12th Street, Capital Trust Company of Delaware, as Trustee
of the Irvin Basil Keller Individual Retirement Trust U/A/D October
4, 2003
(memorandum dated February 9, 2007)
397-407
Approved Alternative No. 1 in the amount of $108,702 and
authorization for the Chairman to execute same for the right-of-
way acquisition at 741/1 Avenue South of State Road 60 and South
of 12th Street.
2. CR 512, Phase III, CR 510 — Project #9611 & 0001, Bid Number
2006065, Change Order No. 7
(memorandum dated February 13, 2007)
408-414
Approved staff's recommendation of Change Order #7 increasing
the contract amount by $31,506, bringing the total contract to
$13,909,645.50 payable to .1.W. Cheatham, LLC
Utilities Services
1. Change Order No. 1 to IRC Contract 2006025 with TLC, Inc. for
Membrane Restoration Work at the South RO Plant
(memorandum dated February 12, 2007)
415-423
February 20, 2007 Page 8 of 12
Approved staff's recommendation to approve Change Order No. 1
to IRC Contract 2006025 with TLC Diversified, Inc. in the
amount not to exceed $596,469 to provide construction services
for the Membrane Restoration Work at the South RO Plant with
authorization for the Chairman to execute same and Purchasing
Manager to direct purchase a maximum of 1,152 membranes at a
cost of $525/membrane from DOW/FihnTec in the total amount of
$604,800.
2. North County Reverse Osmosis Water Treatment Plant, Water
Quality Sampling by Camp Dresser & McKee, Inc. (CDM),
Amendment No. 1 to Work Order No. 6
(memorandum dated January 26, 2007)
424-428
Approved Addendum No. 1 to Work Order No. 6 to CDM, Inc. in
the amount not to exceed $46,510 for professional services related
to water quality sampling and authorizing Chairman to execute
same.
February 20, 2007 Page 9 of 12
11. DEPARTMENTAL MATTERS (CONT'D.) PAGE
J.
Utilities Services (cont'd.)
3. Rehabilitation of Lift Stations # 164, 167, 168 and the South
Regional Waste Water Treatment Facility Lift Station #1 — UCP -
2898
(memorandum dated January 12, 2007)
429-430
Approved staff's recommendation for solicitation of bids for the
Rehabilitation of Lift Stations 1, 164, 167 and 168.
12. COUNTY ATTORNEY MATTERS
None
13. COMMISSIONERS ITEMS
A.
B.
C.
D.
E.
Commissioner Gary C. Wheeler, Chairman
None
Commissioner Sandra L. Bowden, Vice Chairman
None
Commissioner Wesley S. Davis
None
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Bryan
None
14. SPECIAL DISTRICTS AND BOARDS
A.
Emergency Services District
None
February 20, 2007 Page 10 of 12
14. SPECIAL DISTRICTS AND BOARDS (CONT'D.) PAGE
B.
Solid Waste Disposal District
1. Approval of Minutes:
A. Meeting of December 5, 2006
Approved.
B. Meeting of December 12, 2006
Approved.
C. Meeting of December 19, 2006
Approved.
D. Meeting of January 9, 2007
Approved.
2. South County Reverse Osmosis Plant, GeoSyntec Consultants, Inc.,
Work Authorization No. FR0737C
(memorandum dated February 6, 2007)
431-438
Approved staff's recommendation for approval of Work
Authorization No. FR0737C inclusive of Attachments 1, 2 & 3 to
GeoSyntec Consultants, Inc., and authorize the SWDD Chairman
to execute such work authorization in the amount of $12,447.
3. Engineering Services for Design, Permitting and Construction for
the Closure of Segment 1 Side Slope of the Class I Landfill
(memorandum dated January 23, 2007)
439-465
Approved staff's recommendation authorizing the Chairman to
sign Work Order Number 6 authorizing GeoSyntec to provide
engineering services necessary for the closure of the side slope of
Segment 1 and development of design drawing and construction
phasing plan for the landfill gas control system expansion in
accordance with the scope of services and schedule not to exceed
$206,113.
4. Three -Year Term Continuation of Groundwater Monitoring at
South Gifford Landfill Site
(memorandum dated January 17, 2007)
466-483
Approved Three -Year term continuation of Groundwater
Monitoring at South Gifford Landfill site by Geosyntec
Consultants in the amount of $199,445.
February 20, 2007 Page 11 of 12
C.
Environmental Control Board
None
15. ADJOURNMENT — 4:49 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 (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 20, 2007 Page 12 of 12