HomeMy WebLinkAbout02/06/200711,1,11111 "Ian
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BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, FEBRUARY 6, 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.
Detective Teddy Floyd
IRCSO - Crime Prevention Unit
Commissioner Gary C. Wheeler, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Item 13.A.2 Commissioner Gary Wheeler - Update on the BCC
Office staffing (memorandum dated February 5, 2007)
5. PROCLAMATIONS and PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular Meeting of December 5, 2006
Approved.
PAGE
February 6, 2007 Page 1 of 14
B. Regular Meeting of December 12, 2006
Approved.
CONSENT AGENDA
7. PAGE
A. Reports Placed on File in the Office of the Clerk to the Board:
1. Annual Financial Report of Units of Local Government and the
Annual post audit report for 2005-2006 fiscal year for the Sebastian
Inlet District Commission
Approved.
2. Indian River Farms Water Control District — Annual Local
Government Financial Report and the Audited Financial Statements
for the year ended September 30, 2006
Approved.
B. Approval of Warrants — January 12 — 18, 2007
(memorandum dated January 18, 2007) 1-9
Approved.
C. Approval of Warrants — January 19 — 25, 2007
(memorandum dated January 25, 2007) 10-17
Approved
D. Quarterly Investment Report
(memorandum dated January 22, 2007) 18-30
Approved.
E. 2007 Election of Environmental Control Hearing Board (ECHB) Chairman
and Vice Chairman
(memorandum dated January 19, 2007)
31
Approved the re-election of Alan Plackwich„S'r. as Chairman, re-election of
Steve ,S1/2oberger as Vice Chairman to the Environmental Control Hearing
Board fbr 2007.
F. 2007 Election of Code Enforcement Board (CODE) Chairman and Vice
Chairman
(memorandum dated January 23, 2007)
32
Approved the election of Joe Garone as Chairman and Keith Hedin as Vice
Chairman of the Code Enforcement Board jbr the year 2007.
7. CONSENT AGENDA (CONT'D).
PAGE
February 6, 2007 Page 2 of 14
2007 Election of Professional Services Advisory Committee (PSAC)
Chairman and Vice Chairman
(memorandum dated January 30, 2007)
G. 33
Approved the re-election of Rodne-y Paradise as Chairman and re-election q
Warren Dill as Vice Chairman of the Professional Services Advisory
Committee fOr the -year 2007.
H. 2007 Election of Construction Board of Adjustment & Appeals (CBAA)
Chairman and Vice Chairman
(memorandum dated January 30, 2007)
34
Appro-ved the re-election of Peter Robinson and re-election of Pete Clements
as Vice Chairman of the Construction Board of Adjustments & Appeals fOr
the -year 2007.
Out of County Travel Associated with Serving on the Treasure Coast
Regional Planning Council's Florida Regional Council
(memorandum dated January 30, 2007)
35-37
Approved Chairman Gary Wheeler's tra-vel to attend the Florida Regional
Council Association in Tallahassee on March 7-8, 2007 al The Park Plaza
J. Deed Exchange — Ken McKellar Parcel at the North County Regional
Wastewater Treatment Facility Effluent Disposal Site
(memorandum dated January 29, 2007)
38-42
Approved the County Deed in the fOrm presented and authorized the
Chairman to execute same.
K. Miscellaneous Budget Amendment 009
(memorandum dated January 30, 2007) 43-63
Approved and adopted Resolution #2007-007.
L. IRC Jail Expansion Project Deductive Change Order Number 7
(memorandum dated January 24, 2007) 64-66
Approved Change Order #7 in the amount of $12,837.90, reducing the
amount of the GMP fOr the Jait Expansion Project to $18,079,963.93.
M. Grant of Easement by Indian River County to the City of Vero Beach for
Public Utilities — Emergency Operations Center, 43rd Ave.
(memorandum dated January 26, 2007)
67-71
Approved.
N. Billy's Auto Water Main Construction on 43rd Avenue, Approval of Final
Payment to Contractor
(memorandum dated January 24, 2007)
72-76
February 6, 2007 Page 3 of 14
Approved Pay Request No. 1 final payment to the Contractor, The Danella
Companies, Inc., in the amount (02.064.51.
0. Master Plan 8" Force Main on 1st Street SW From 43rd Avenue to 39th Court,
Approval of Final Payment to Contractor
(memorandum dated January 24, 2007)
77-82
Approved Pay Request No. 2 final payment to the Contractor, The Danella
Companies, Inc., in the amount (03,444.06.
P. Bella Vista Isles 6' Force Main Construction on 26th Street, Approval of
Change Order No. 1 and Final Payment to Contractor
(memorandum dated January 23, 2007)
Q.
83-90
Approved final payment of $14,46665 to the Contractor, The Danella
Companies, Inc.
Schumann Drive and Empress Avenue Canal Crossings Water and Force
Main Replacements, Approval of Final Payment to Contractor
(memorandum dated January 24, 2007)
91-96
Approved the final payment of $8,454.17 to release the retainage and
complete the County's obligation to the Contractor.
R. Approval of Renewal for a Class "E" Certificate of Public Convenience and
Necessity For We Care of the Treasure Coast Inc. to Provide
Wheelchair/Stretcher Services
(memorandum dated January 23, 2007)
97-109
Approval of Renewal fbr Class "E" Certificate of Public Convenience and
Necessity fbr We Care of the Treasure Coast.
S. Work Order No. 5, Carter Associates, Inc., Supplemental Services No. 1
(memorandum dated January 23, 2006) 110-115
Approva/fr Work Order No. 5, Carter Associates, Inc.„Supplemental
Services No. 1, in the amount of $1,485.00.
T. Oslo Road Widening between 43rd Avenue and 27th Avenue, Engineering
Services Amendment No. 1 — Signalization Revision and Utility Locates,
Oslo Road Widening between 58th Avenue and 43rd Avenue
(memorandum dated January 19, 2007)
116-120
Approved Amendment No. 1 in the amount of not -to -exceed $49,950.00 made
payable to Kimley-Horn and Associates, Inc.
U. Request for Release of Retainage on Turner Construction Contract for
County Administration Complex
(memorandum dated January 31, 2007)
121-124
February 6, 2007 Page 4 of 14
Approved Release of Retainage on Turner Construction Contract Invoice at
5% presently being heldfor° release and distribution.
7. CONSENT AGENDA (CONT'D.)
V. Final Payment and Release of Retainage, Work Order No. 7, Supplemental
No. 1 and No. 2, Kimley-Horn & Associates, Inc., Oslo Road Right -of -Way
Mapping Project Phase One, US1 to 27th Avenue IRC Project No. 0501
(memorandum dated January 26, 2007)
PAGE
125-129
Approved Ficial Payment and Release of Retainage, Work Order No. 7, in
the amount of $43, 045.00,Supplemental No. 1 in the amount of $16,225.00,
and No. 2 in the amount of $4,115.00 along with retainage release of
$5,927.00 to Kirnley-Horn Associates, Inc.
W. Final Payment and Release of Retainage, Work Order No. 8 and
Supplemental No. 1, Kimley-Horn & Associates, Inc., Oslo Road Right -of -
Way Mapping Project Phase 2, 27th Avenue to 43rd Avenue, IRC Project No.
0533
(memorandum dated January 26, 2007)
130-134
Approved final payment of Work Order No. 8 in the amount of $5,940.00 to
Kimley-Horn Associates, Inc.
X. Oslo Road Widening Phase 1, West of Old Dixie to 27th Ave., Construction
Testing Services Agreement
(memorandum dated January 24, 2007)
135-142
Approved Construction TestingServices Agreement with Ardaman c�
Associates, Inc. in the amount riot to exceed $59, 636.00.
Y. CR 512, Phase III, CR 510 — Project #9611 & 0001, Geotechnical Services
Work Order #2, Dunkelberger Engineering & Testing, Inc.
(memorandum dated January 24, 2007)
143-147
Approval of Work Order No. 2 to Dunkelherger Engineering Testing, Inc.
in the amount riot to exceed $32, 820.00.
Z. Professional Service Agreement Renewal, Marlowe & Company, Sector 5
Beach Restoration and Federal Lobbying Services for Miscellaneous
Projects
(memorandum dated January 29, 2007)
148-151
Approved theService Agreement Renewal with Marlowe Company for
federal government affairs consulting services in the amount of $3,500 per
month for October 1, 2006 thru December 31, 2006, and $5,000 per month
from January 1, 2007 thru September 30, 2007.
AA. Contract Approval for $50,000 Citrus Best Management Practices Grant
(memorandum dated January 25, 2007) 152-169
February 6, 2007 Page 5 of 14
Approved grant agreement thus accepting the $50, 000 Florida Department
of Agriculture and Consumer Services (FJ)A('S) Grant for citrus best
management practices installations in Indian River County.
BB. Woodside Timberlake Inc.'s Request for Final Plat Approval for a Plat -
Over -Site -Plan Subdivision to be Known as Timberlake
(memorandum dated January 26, 2007)
170-177
Approved the final plat appro-val tor Timberlake ,Subdivision.
CC. IRC Jail Expansion Request for Change Order #8 (Added Scope of Work)
(memorandum dated January 25, 2007) 178-181
Approved Change Order #8 (re -roofing Building () ln the amount o
$157,300 payable to Peter 1?. Brown Construction,
DD. Permission to Advertise for Public Hearing February 20, 2007, for Proposed
Ordinance Prohibiting All Terrain Vehicles on Unpaved Roadways
(memorandum dated January 26, 2007)
182-185
Appro-ved advertisement to hold a public hearing on February 20, 2007 for
proposed ordinance prohibiting all terrain -vehicles on unpaved roadways.
February 6, 2007 Page 6 of 14
8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE
A. Indian River County Sheriff — Roy Raymond
Renewal of Commercial Lease Agreement Located at the Vero Beach
Municipal Airport
(letter dated January 25, 2007) 186-187
Approved renewal of Commercial Lease Agreement located al the Vero
Beach Municipal Airport.
9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Vero 45 LLC's Request to Rezone ±1.81 acres from CH to CG
(memorandum dated January 3, 2007) 188-214
Quasi -Judicial
Approved and adopted Ordinance #2007-002.
2. Triple S. Properties Inc.'s request to rezone 9.63 acres from MED to
OCR
(memorandum dated January 22, 2007)
215-231
Quasi -Judicial
Application withdrawn by Applicant.
3. Grand Harbor North Land LLC. et.al.'s Request to Rezone ±435.88
acres from PD to RS -3, RM -3, and CON -2, and BEB Investments
Ltd.'s Request for a Small Scale Land Use Plan Amendment to
Redesignate ± 1.81 acres from L-1 to C/I and to Rezone those
±1.81 acres from PD to CG; and to Redesignate ±1.81 acres from
C/I to L-1 and Rezone those ±1.81 acres from PD to RM -3
(memorandum dated January 23, 2007)
232-269
Quasi -Judicial
Tabled until a future date, not specified.
4. GH Vero Beach Development LLC and Grand Harbor North Land
LLC's Request for a Change to the Grand Harbor DRI Development
Order to add the "Riverbend PD" Site and the Luther/Victoria West
Site
(memorandum dated January 30, 2007)
270-298
Quasi -Judicial
Tabled until a future date, not specified.
February 6, 2007 Page 7 of 14
5. Grand Harbor North Land LLC's Request for Special Exception
Use and Conceptual PD Plan Approval for a Development to be
known as The Isles of Grand Harbor
(memorandum dated January 30, 2007)
299-319
Tabled until a future crate, not specified.
6. Amendment to Indian River County Code Section 102.06. Rules of
Debate
(memorandum dated January 30, 2007)
320-323
Legislative
Failed.
9. PUBLIC ITEMS (CONT'D.)
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 James & Patricia Wawrzyniak Regarding
Code Enforcement Fine
PAGE
324
Code Enforcernent Fine waived in the arnonrit of $2,000.00.
2. Request to Speak from Al Baldwin Regarding Individual Aide for
Commissioners 325
No Board Action.
3. Request to Speak from Joseph Paladin, Chairman, Growth
Awareness Committee Regarding Chapter 910 and Proportionate
Share Senate Bill 360
326
Consensus to bring hack al a future meeting, no specific date.
4. Request to Speak from Joseph Paladin, Chairman, Growth
Awareness Committee Regarding Update on Bonding Out 327
Tabled to a fixture meeting, no specific date.
5. Request to Speak from Nancy B. Wood, The Green Team,
Regarding an invitation to the Commissioners and Public to
Participate in efforts to plant trees, implement recycling programs,
etc.
328
No Board Action.
C. PUBLIC NOTICE ITEMS
1.
Notice of Scheduled Public Hearings February 13, 2007:
(memorandum dated January 22, 2007) 329-330
February 6, 2007 Page 8 of 14
A. Chesnut and Smith: Request to rezone ±3.35 acres located
east of US Highway 1 and approximately 1,000 feet south of
77th Street from CL, Limited Commercial, to CG, General
Commercial. Kenneth Chesnut and Victor and Kathy Smith,
Owners, MBV Engineering, Inc., Agent
Quasi -Judicial
No Board Action.
B. United Indian River Packers LLC and Highpointe LLC:
Request for a small scale land use map amendment to
redesignate 8.36 acres from L-2, Low Density Residential -2
(up to 6 units/acre), to C/I, Commercial Industrial, and to
rezone those 8.36 acres from RM -6, Multi -Family
Residential (up to 6 units/acre), to IL, Light Industrial; and a
Request to Redesignate 8.36 Acres from C/I, Commercial
Industrial, to L-1, Low Density 1 (up to 3 units/acre).
United Indian River Packers LLC and Highpointe LLC,
Owners. William Caldwell, Agent.
Legislative
No Board Action.
9. PUBLIC ITEMS (CONT'D)
C. PUBLIC NOTICE ITEMS (CONT'D.)
2. Notice of Scheduled Public Hearings 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 January 30, 2007)
PAGE
331
Legislative
No Board Action.
10. COUNTY ADMINISTRATOR MATTERS
None
11. DEPARTMENTAL MATTERS
A.
Community Development
February 6, 2007 Page 9 of 14
B.
C.
D.
E.
F.
G.
1. Request to Modify the County's Impact Fee Financing Program
Local Economic Development Incentive
(memorandum dated January 29m 2007)
332-341
Approved Impact Fee Financing Program modifications as
presented.
Emergency Services
None
General Services
None
Human Resources
None
Human Services
None
Leisure Services
None
Office of Management and Budget
None
11. DEPARTMENTAL MATTERS (CONT'D.) PAGE
H.
J.
Recreation
None
Public Works
1. Approval of Bid Award and Sample Agreement for IRC Bid #
2007033, Gifford Park Security House/Public Works Department
(memorandum dated January 29, 2007)
342-353
Rejected staffs recommendations to accept IRC Bid i#2007033 fug°
the construction of a Gifford Park Security House and to research
other avenues of providing security al the park.
Utilities Services
February 6, 2007 Page 10 of 14
1. Approval of Bid Award and Sample Agreement for IRC Bid #
2007025 Master In -Line Pump Station — Utilities Department
(memorandum dated January 29, 2007)
354-372
Approved Bid Award and Sample Agreement fOr MC Bid i#2007025
to TLC Diveryilied, inc. in the amount of $.1,504,733.00 to include
the "Bumpless Trouser" alternative, as presented.
2. Approval of Bid Award and Sample Agreement for IRC Bid #
2007026 Water, Sewer & Reclaim Water Line
Replacement/Extension (Annual Labor Contract Bid) — Utilities
Department
(memorandum dated January 30, 2007)
373-409
Approved Bid Award and Sample Agreement fOr MC Bid i#2007026
to Underground Utilities, inc. and Derrico Construction Corp. for
Water, Sewer & Reclaim Water Line Replacement/Extension
Annual Labor Contract in the amount of $245,852.00.
3. Approval of Bid Award and Sample Agreement for IRC Bid #
2007028, Phase I Force Main West Wastewater Transmission
System — Utilities Department
(memorandum dated January 29, 2007)
410-428
Approved Bid Award and Sample Agreement fOr MC Bid i#2007028
10 SPS Contracting, inc. in the amount of $3,275,762.92 for Phase 1
Force Main West Wastewater Transmission ,Vstem.
4. Vero Village Developer's Agreement for Off -Site 8 -inch Water
Main and 6 -Inch Sewer Force Main Construction on 37th Street
West of 58th Avenue
(memorandum dated January 17, 2007)
429-446
Approved Vero Village Developer's Agreement fOr Off:Site 8 -inch
Water Main and 6 -inch Sewer Force Main Construction on 3 71h
Street West 0158Th Avenue as presented.
5. Grand Harbor Spoonbill Marsh Site, Amendment to Grant
Restoration, Access and Recreation Easement
(memorandum dated January 26, 2007)
447-457
Approved staffs recommendation, or a conceptual approval only
contingent upon receiving a signed agreement within two weeks, by
February 20, 2007.
6. Grand Harbor Spoonbill Marsh Site, Work Order No. 17 with
Masteller, Moler, Reed & Taylor, Inc. for Specific Purpose Survey
of the Submerged Land Lease Area
(memorandum dated January 26, 2007)
458-461
February 6, 2007 Page 11 of 14
Approved Work Order No. 17 not to exceed $22, 450.00 to
Masteiler, Moler, Reed & Taylor, Inc. fur surveys of the Submerged
Land Lease Area.
7. Amendment No. 3 to Work Order No. 1 with Ecotech Consultants,
Inc. for Permitting Services for the Spoonbill Marsh Site
(memorandum dated January 26, 2007)
462-467
Approved Amendment No. 3 to Work Order No. 1 with .Ecotech
Consultants, Inc. Jor additional consulting services not to exceed
$99,475.00.
12. COUNTY ATTORNEY MATTERS PAGE
None
13. COMMISSIONERS ITEMS
A.
B.
Commissioner Gary C. Wheeler, Chairman
1. Reconsideration of Board of County Commission Office Area in
New County Administration Building
(drawings A-E)
468-472
Approved Item "B'' design jOr the new County Administration
Building Board of County Commission Office Area.
2. Discussion regarding staffing of the Board of County Commission
Office.
Approved initial staffing changes Chairman Wheeler instituted on
January 24, 2007 with the termination of the contract of Executive
Aide, Kimberly Massung which included moving Assistant to the
Executive Aide, Darcy Vasilas, into the Interim Executive Aide
position with authorization to make any decisions related to the
position and a 5% increase hi hourly wage; to move Staff Assistant
111, Misty Purse/, into an interim Staff Assistant IV position; and
the authority to hire a temporary employee through Manpower to
staff the reception desk. M. Vasilas was also given the caveat to
return to her prior position as Assistant to the Executive Aide
position without penalty if she so chooses.
Commissioner Sandra L. Bowden, Vice Chairman
1. Request for Donation of Up to Three Computers From Surplus to
Marian Fell Library
(memorandum dated January 30, 2007)
Add On
473-474
February 6, 2007 Page 12 of 14
C.
D.
E.
Approved the donation of up to three computers from suip/us to the
Mariam Fell Library.
Commissioner Wesley S. Davis
None
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Bryan
1. Request for a Resolution to be Drafted for the Florida Forever
Program
(memorandum dated January 30, 2007)
475-477
Approved the request for staff to draft a Resolution for the Florida
Forever Program.
2. Request for Consideration of Hiring a Consultant to Assist Staff
with Charter Government Ordinance
(memorandum dated January 30, 2007)
478-485
Approved the hiring of consultant Kurt ,Spitzer in the amount of
$25, 000 to develop a Charter Government Ordinance.
14. SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
None
15. ADJOURNMENT
MEETING ADJOURNED AT 4:23 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.
February 6, 2007 Page 13 of 14
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 6, 2007 Page 14 of 14