HomeMy WebLinkAbout03/13/2007 (2)11,1,11111 "Ian
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IMPLEMENTATION
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MARCH 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.
Reverend Dawn Lawton
Christ By the Sea United Methodist Church
Commissioner Wesley S. Davis
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Addition:
Deletion:
12.D. Authorization for County Attorney to work
with local municipalities on Interlocal Agreement.
9.6.3. Request to speak from P&S Properties, Jerry
Swanson regarding concurrency interpretation (page
228)
PAGE
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating March 12 — 18, 2007, as
Surveyors Week 1
Commissioner Flescher presented to Michael O'Brien, County ,curre'yor.
6. APPROVAL OF MINUTES
March 13, 2007 Page 1 of 11
A. Chapter 910 Concurrency Management System Public Workshop — January
5, 2007
Approved.
7. CONSENT AGENDA
A. Approval of Warrants — February 23 — March 1, 2007
(memorandum dated March 1, 2007)
7
PAGE
2-9
Approved.
B. Resignation of District 5 Appointee to Utility Advisory Committee
(memorandum dated March 5, 2007) 10-11
Approved resignation of Herbert V. Whittall, District 5 Appointee to the
Utility Advisory Committee.
C. Appointment to the Historic Resources Advisory Committee
(memorandum dated March 5, 2007) 12-17
Approved the appointment of Reverend Dr. Kyle C. Gibson to the Citizen at
Large position on the Historic Resources Advisory Committee.
D. Approval of Bid Award and Sample Agreement for IRC Bid # 2007039
Upgrades & Generators for IRCDUS Lift Station Numbers 68 & 69 Bent
Pine/Utilities Department
(memorandum dated March 2, 2007)
18-33
Approved bid award to T.L.C. Diversified, Inc. in the amount of
$448,688.00
E. Final Payment to J & H Waterstop, Inc. for Lift Station 166 Rehabilitation
UCP#2866
(memorandum dated February 26, 2007)
34-35
Approved final payment to J & H Waterstop, Inc. in the amount of
$38, 000.
F. CR 512, 1-95 to Roseland Road — IRC Project No. 9611, Addendum #8,
Task A, Request for Final Release of Retainage
(memorandum dated March 6, 2007)
36-45
Approved releasing the retainage for Addendum No. 8 — Task A in the
amount of $1,593.90.
G. United Indian River Packers, LLC Request for Release of an Easement at
4310 77th Street (Hobart Estates Unit 1)
(memorandum dated February 27, 2007)
46-52
Approved Resolution #2007-022.
CONSENT AGENGA (CONT'D).
PAGE
March 13, 2007 Page 2 of 11
H. Aqualago, LLC's Request for Extension of Site Plan Approval for a Multi -
Family Residential Development to be Known as Toscana (Quasi -Judicial)
(memorandum dated March 5, 2007)
53-59
Approved Aqualago, LLC's request for a one-year extension of the revised
approved site plan for Toscana with all original approval conditions to
remain in effect.
IRC Jail Expansion Project Deductive Change Order Number 9
(memorandum dated March 5, 2007) 60-62
Approved Change Order #9 in the deductive amount of $429,412.28 and
approved Chairman to execute same.
J. Professional Engineering Services Agreement, CR 512 Corridor
Improvements — IRC Project No. 9611, Addendum No. 10 (Masteller &
Moler, Inc.) Release of Retainage
(memorandum dated March 6, 2007)
63-77
Approved releasing retainage for Addendum No. 10, Tasks I & II for a
total of $1, 803.25.
K. Work Order #5, Applied Technology and Management Inc., Sector 7
Construction Phase Services
(memorandum dated March 5, 2007)
78-89
Approved Work Order #5 to the contract with Applied Technology and
Management, Inc. and authorized the Chairman to sign on behalf of the
County. The work is subject to 90% cost sharing with the State of Florida
under Grant Agreement HSIR1.
L. Work Order #6, Applied Technology and Management Inc., Sectors 1 & 2
Construction Phase Services
(memorandum dated March 5, 2007)
90-102
Approved Work Order #6 to the contract with Applied Technology and
Management, Inc. and authorized the Chairman to sign on behalf of the
County. This work is subject to cost sharing with FEMA at a 95% level
under FEMA PW:IRC-002-BG.
M. Request for Floodplain Cut and Fill Balance Waiver for Michael Creek
Subdivision
(memorandum dated March 5, 2007)
103-106
Approved Alternative No. 1 to approve the cut and fill balance waiver
request.
N. Release of Retainage and Final Payment to Indian River Industrial
Contractors for the Central Plant Expansion UCP # 2347, Bid No. 7029
(memorandum dated February 26, 2007)
107-115
March 13, 2007 Page 3 of 11
Approved the final payment for Bid #7029 to Indian River Industrial
Contractors, Inc. for a final retainage payment of $10,000 and for the
Chairman to execute saine.
0. Jon Fichtelman Request for Release of Easements at 1086 9th Street SW
(Lots 2-7, Block D, Oslo Park Subdivision) (Administrative)
(memorandum dated February 27, 2007)
116-126
Approved Resolution #2007-023.
P. Acceptance of Change Order No. 6, New County Emergency Operations
Center
(memorandum dated March 7, 2007)
Q.
127-145
Approved Change Order No. 6, which results with no change to the
existing GMP of $4,187,656 and a reduction in the owner's contingency by
$11, 734 resulting in a revised owner's contingency of $36,546.
Work Order No. 3 — Surveying and Mapping/GIS Services for the Indian
River County Vertical Control Network (IRCVCN)
(memorandum dated March 6, 2007)
146-150
Approved Work Order No. 3 not to exceed the ainount of $10,400. under
the umbrella of Master Contract No. 0504, and authorizing the Chairman
to execute saine.
R. Miscellaneous Budget Amendment 013
(memorandum dated March 7, 2007) 151-160
Approved Resolution #2007-024.
S. Right -of -Way Acquisition, 74th Avenue South of State Rd. 60 and South of
12th Street, Haydn Curtis and Cynthia A. Trevino-Aversa
(memorandum dated March 6, 2007)
161-169
Approved Alternative No. 1 authorizing the $37,800 purchase of right-of-
way and allowing the Chairman to execute saine.
T. Right -of -Way Acquisition. Whole Take, North side of 8th Street, West of
66th Avenue, East of 74th Avenue, Edna C. Franks and Lois Franks Rice
(memorandum dated March 6, 2007)
170-191
Approved Alternative No. 1 for the right-of-way purchase in the ainount of
$168,300 and the payment of closing costs as requested by the sellers with
the Chairman being authorized to execute same.
U. Approval of Annual Financial Report by County Commissioners
(memorandum dated March 7, 2007) 192-209
Approved as submitted.
8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
March 13, 2007 Page 4 of 11
None
9. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
1. MGC Development Group, LLC's Request for Planned
Development (PD) Special Exception Use Approval for a Project to
be known as Bloomfield
(memorandum dated March 5, 2007)
210-225
Legislative
Approved request for Planned Development Special Exception Use
as submitted (5-0).
2. Ordinance Imposing State Road 60 Interest Share Fee — and —
Resolution to Execute Joint Participation Agreement With the
Florida Department of Transportation to Advance Construction of
the Widening of State Road 60 Between I-95 and 66th Avenue
(memorandum dated March 7, 2007)
300-320
Legislative
Approved Resolution #2007-025 and Ordinance #2007-011.
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 BW Treasure, Inc., Renne Hamblin,
Regarding Code Enforcement Lien
C.
226
No Board Action.
2. Request to Speak from Spencer Simmons Regarding Commission
Vote to Rehear or Reverse Previous Decision on Transitional
Housing Center on 37th Street (The Source)
227
No Board Action.
3. Request to Speak from P & S Properties, Jerry Swanson, Regarding
Concurrency Interpretation 228
Request Withdrawn.
PUBLIC NOTICE ITEMS
March 13, 2007 Page 5 of 11
1. Notice of Scheduled Public Hearing for March 20, 2007
Consideration of Proposed Amendments to the Landscape and
Buffer Regulations of LDR Chapter 926, the Corridor Landscape
Regulations and the Multi -family Green Space Regulations of LDR
Chapter 911, the Subdivision Green Space Requirements of Chapter
913, the Stormwater Maintenance Area Regulations of LDR
Chapter 930, the Littoral Zone Regulations of LDR Chapter 934,
and the Definitions of LDR Chapter 901
(memorandum dated March 5, 2007)
Legislative
No Board Action.
March 13, 2007 Page 6 of 11
9. PUBLIC ITEMS (CONT'D.) PAGE
C. PUBLIC NOTICE ITEMS (CONT'D.)
2. Notice of Scheduled Public Hearing for March 20, 2007
Adopt Amendments to the County's Existing Industrial
Pretreatment Ordinance
(memorandum dated March 6, 2007)
230-272
Legislative
No Board Action.
10. COUNTY ADMINISTRATOR MATTERS
A. Special Call Meeting
(memorandum dated March 7, 2007) 273
A date of April 18, 2007 at 9:00 a.m. was selected to hold a Special Call
meeting for The Source.
B. Joint Meeting with City of Palm Bay
(memorandum dated March 7, 2007) 274
Mr. Baird offered to provide a list to the Commissioners o available
dates.
No Board Action.
C. Committee Volunteer Banquet
(memorandum dated March 7, 2007)
275-297
No Board Action, Mr. Baird explained it was difficult to find a location
for the Volunteer Banquet since there would be over 300 volunteers plus
spouses. He recommended waiting until the new Administration Building
was completed so the banquet could be hosted there.
11. DEPARTMENTAL MATTERS
A.
B.
C.
D.
Community Development
None
Emergency Services
None
General Services
None
Human Resources
March 13, 2007 Page 7 of 11
E.
F.
1. Approval to enter into a Consultant Agreement to conduct a
Classification and Pay Study
(memorandum dated March 7, 2007)
298-299
Approval granted for a comprehensive classification and
compensation study for all Board of County Commission
employees and Constitutional Officers by Cody and Associates at
the cost of $71,000.
Human Services
Leisure Services
None
11. DEPARTMENTAL MATTERS (CONT'D.) PAGE
G.
H.
J.
Office of Management and Budget
None
Recreation
None
Public Works
1. Florida Inland Navigation District 2007-2008 Waterways
Assistance Program Authorizing Resolution for the Oslo Road
Public Boat Ramp
(memorandum dated March 7, 2007)
321-324
Approved Resolution #2007-026.
Utilities Services
1. Payment of Outstanding Utility Assessment
(memorandum dated March 4, 2007) 325-331
Approved staff's request of collecting the 10 year principal and
interest at 8% only for outstanding fees to Mr. and Mrs. Willie
Brown in the amount of $6,023.99.
2. Emergency Operations Center Water Main Extension Work
Authorization Directive No. 2007-001, UCP No. 2938
(memorandum dated February 27, 2007)
332-335
Approved the authorization to extend an 8 -inch water main to the
new Emergency Operations building.
12. COUNTY ATTORNEY MATTERS
March 13, 2007 Page 8 of 11
A. Attorney -Client Session: DiVosta Homes, L.P. and DiVosta Homes
Holdings, L.L.C. vs. Indian River County, Case No. 20070109 -CA -19
(memorandum dated March 7, 2007)
336
BCC Meeting took a break from 1:39 p.in. to 2:37 p.m. for this Attorney -
Client Session.
B. Resolution Concerning Right -of -Way Acquisition for Road Improvement
Projects
(memorandum dated March 7, 2007)
337-340
Approved Resolution #2007-027.
C. Executive Aide — Mutual Release and Covenant Not to Sue (Deferred from
Meeting of March 6, 2007)
(memorandum dated March 7, 2007)
D.
341-349
Approved (3-2) (GW, WI), PO in favor — SB, IF against) to accept the
original Mutual Release and Covenant Not to Sue, and granting Kimberly
Massung a severance package of $105,170.15, with a net payout of
$71, 747.20.
Authorization requested from Attorney Collins to work on a draft interlocal
agreement with the legal staff of various municipalities.
Authorization granted to Attorney Collins to work with the legal staff of
local municipalities to draft an interlocal agreement.
13. COMMISSIONERS ITEMS
A.
Commissioner Gary C. Wheeler, Chairman
1. Update on the discussion regarding the formation of an
Architectural Review Committee from the April 11, 2006 BCC
Meeting
(excerpt from April 11, 2006 BCC Meeting Minutes)
350
Requested staff to bring hack the pros and cons of developing an
Architectural Review Committee.
13. COMMISSIONERS ITEMS PAGE
B.
C.
Commissioner Sandra L. Bowden, Vice Chairman
1. Discussion of Lunch Breaks on Board of County Commission
meeting days
(no back-up)
No Board Action.
Commissioner Wesley S. Davis
None
March 13, 2007 Page 9 of 11
D.
E.
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Bryan
None
14. SPECIAL DISTRICTS AND BOARDS
A.
A.
B.
Emergency Services District
1. Approval of Minutes:
A. Meeting of November 7, 2006
B. Meeting of November 21, 2006
C. Meeting of December 12, 2006
All Approved.
2. Approval of FY 2006/07 EMS County Awards Grant: Purchase of
Capital/Operating Equipment Using Non -Matching EMS Grant
Funds and Grant Resolution
(memorandum dated March 1, 2007)
351-356
Approved Resolution #2007-028.
3. Approval to Purchase Two (2) Chevrolet Type III Ambulances from
Ten -8 Fire Equipment, Inc.
(memorandum dated February 16, 2007)
357-361
Approved the purchase of two Chevrolet C4500 Type III
ambulances rom Ten -8 fire Equipment, Inc. for $259,923.
Emergency Services District (cont'd.)
4. Fire Rescue Update
(memorandum dated March 7, 2007)
362-381
No Board Action.
Solid Waste Disposal District
None
14. SPECIAL DISTRICTS AND BOARDS PAGE
c. Environmental Control Board
March 13, 2007 Page 10 of 11
None
15. ADJOURNMENT - ADJOURNED AT 3:20 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.
March 13, 2007 Page 11 of 11