HomeMy WebLinkAbout03/06/2007 (3)11,1,11111 "Ian
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IMPLEMENTATION
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MARCH 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.
Pastor Roger Ball, Immanuel Church
Joseph A. Baird, County Administrator
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Honoring Jean L. Kline, R.N., M.P.H. for
Outstanding Service as the Indian River County Health Department
Administrator
PAGE
1
Presented by Chairman Wheeler to Miranda Swanson, Interim Indian
River County Health Department Administrator on behalf of Jean Kline.
March 6, 2007 Page 1 of 15
6. APPROVAL OF MINUTES
A. Regular Meeting of January 16, 2007
Approved.
B. Special Call Meeting of January 16, 2007 — BCC Office
Approved.
C. Public Workshop February 1, 2007 — Affordable Housing
Approved.
7. CONSENT AGENDA
A. Report on File in the Office of Clerk to the Board: Fellsmere Water Control
District Map, Financial Audit and Financial Report for the year ended
September 30, 2006
No Board Action.
PAGE
B. Approval of Warrants — February 09 — February 15, 2007
(memorandum dated February 15, 2007) 2-10
Approved.
C. Approval of Warrants — February 16 — February 22, 2007
(memorandum dated February 22, 2007) 11-17
Approved.
D. Appointment to the Metropolitan Planning Organization Technical Advisory
Committee (MPOTAC)
(memorandum dated February 21, 2007)
18-19
Approved the appointment of Mrs. Susan Olson by Indian River County
School District to the Metropolitan Planning Organization Technical
Advisory Committee as the School Board Representative.
E. Resignation and Temporary Appointment of Chairman to the Children's
Services Advisory Committee
(memorandum dated February 21, 2007)
20-22
Approved the resignation of Jean Kline and temporary appointment of
Miranda Swanson as Chairman of the Children's Services Advisory
Committee.
7. CONSENT AGENDA (CONT'D.) PAGE
March 6, 2007 Page 2 of 15
7.
F. 2007 Election of Metropolitan Planning Organization (MPO) Chairman and
Vice Chairman
(memorandum dated February 14, 2007)
23
Approved the election of Commissioner Peter O'Bryan as Chairman and
Sebastian Mayor Brian Burkeen as Vice Chairman of the Metropolitan
Planning Organization (MPU) for 2007.
G. Appointment of John "Jack" Berrigan to the Tourist Development Council
as Member Interested in Tourism
(memorandum dated February 19, 2007)
24-25
Approved the appointment of John "Jack" Berrigan to the Tourist
Development Council as a Member Interested in Tourism.
H. 2007 Election of Chairman and Vice Chairman of the MPOTAC
(memorandum dated February 19, 2007) 26
Approved the re-election of Robert Keating as Chairman, and Chris Mora
as Vice Chairman of the MPOTAC for 2007.
Resignation of Member -at -Large Appointee, Land Acquisition Advisory
Committee
(memorandum dated February 19, 2007)
27-28
Approved the resignation of F. W. "Rick" Baker as the Member -at -Large
appointee to the Land Acquisition Advisory Coininittee (LAAO').
J. Appointment of Bonnie Veron to the Land Acquisition Advisory Committee
as a Member -at -Large Appointee
(memorandum dated February 20, 2007)
29-32
Approved the appointment of Bonnie Veron to the Land Acquisition
Advisory Coininittee as a Member -at -Large Appointee.
K. Resignation of Citizen at Large Appointee to the Historic Resources
Advisory Committee
(memorandum dated February 27, 2007)
33-34
Approved the resignation of Kathleen Sinith as the Citizen -at -Large
Appointee to the Historic Resources Advisory Coininittee.
CONSENT AGENDA (CONT'D.)
PAGE
L. Acquisition of Right-of-way along 66th Avenue
(memorandum dated February 26, 2007)
35-36
March 6, 2007 Page 3 of 15
Approved the acquisition of right-of-way along 661/1 Avenue as a "trial
run" for acquiring three properties where a residential property with no
structures would be take, a residential property where the entire parcel
would be taken including a house, or a large agricultural or unimproved
parcel where no structure would he taken.
M. Request Permission to Advertise for Public Hearing on March 20, 2007 to
adopt Amendments to the County's Existing Industrial Pretreatment
Ordinance
(memorandum dated February 27, 2007)
37
Approved.
N. Environmental Learning Center — Mitigation Request due to Expansion of
Elevated Boardwalk Trail System
(memorandum dated February 14, 2007)
38-43
Approved Conservation Easement in favor of St. Johns River Water
Management District and authorized Chairman to execute same for
recordation in the Public Records of Indian River County, Florida.
0. Approval of Bid Award and Sample Agreement for IRC Bid # 2007036
Hobart Industrial Park 16" Master Plan Water Main — Utilities Department
(memorandum dated February 20, 2007)
44-61
Approved hid and Sample Agreement for IRC Bid #2007036 in the amount
of $256,691 be awarded to Derrico Construction Corp. and authorized
Chairman to execute same.
P. Designation of Communications International, Inc., as the Sole Source
Provider for Radio Communications Equipment Enhancements and
Installations
(memorandum dated February 26, 2007)
62-64
Approved the designation of Communications International, Inc. as the
Sok Source Provider for radio communication equipment and equipment
enhancements and installations and waived the standard hid procedures
authorizing the County Administrator to approve the issuance of necessary
purchase orders to Communications International, Inc. when associated
with the County's 800 MHz public communications system.
7. CONSENT AGENDA (CONT'D.)
Q.
PAGE
74th Avenue Force Main Loop Connection South of SR 60, UCP No. 2598,
Approval of Final Payment to Contractor and Release of Retainage, W.I.P.
No. 472-169000-06512, Bid Number 2006-056
(memorandum dated February 21, 2007)
65-69
March 6, 2007 Page 4 of 15
7.
Approved the final project construction cost of $1,253,552 and approved
Application for Payment No. 4 as final payment to the Contractor, Felix
Associates, LLC; in the amount of $62,677.60.
R. Civil Engineering and Land Surveying Agreement for Intersection
Improvements at CR 510 and US Highway 1, Amendment No. 1 — Retainage
Release
(memorandum dated February 13, 2007)
70-72
Approved release of retainer for Intersection Improvements at CRS10 and
US Highway 1 in the amount of $17,500.96 made payable to McMahon
Transportation Engineers & Planners.
S. Request for Floodplain Cut and Fill Balance Waiver for Lot 4, Block 19,
Vero Lake Estates, Unit 4
(memorandum dated February 21, 2007)
73-76
Approved staff's recoininendation of granting the cut and fill waiver for
Lot 4, Block 19, Vero Lakes Estates, Unit 4 as it meets the criteria of
Section 930.07(2)(d)4. of the SS'torinwater Management and Flood
Protection Ordinance for lots located in the Vero Lake Estates Municipal
Services Taxing Unit.
T. Request for Floodplain Cut and Fill Balance Waiver for Parcel # 31-39-08-
00000-0020-00007.0 located at 11196 Indian River Drive
(memorandum dated February 23, 2007)
77-81
Approved staff's recommendation of granting the cut and fill balance
waiver based on the criteria of Section 930.07(2)(d)1.
U. Acceptance Change Order No. 23, for the New County Administration
Buildings
(memorandum dated February 26, 2007)
82-105
Approved acceptance of Change Order No. 23 for the New County
Administration Building which will result in a decrease to the GMP of
$87,197 and an increase to the Owner's Contingency in the amount of
$5, 482.
CONSENT AGENDA (CONT'D.) PAGE
V. Professional Civil Engineering, Geotechnical Engineering, and Land
Surveying Services Agreement for Intersection Improvements at 1st St SW
and 27th Ave; 5th St SW and 27th Ave; 1st St SW and 43rd Ave; 12th St and
27th Ave, Retainage Release
(memorandum dated February 13, 2007)
106-109
Approved staff's recoininendation for retainage release totaling $28,057.46
made payable to McMahon and Associates, Inc.
March 6, 2007 Page 5 of 15
W. Approval of Bid Award for IRC Bid # 2007032 Demolition of 5 Condemned
Structures, Community Development Department/Building Division
(memorandum dated February 20, 2007)
110-118
Approval of Bid Award for IRC Bid #2007032 Demolition of 5 Condemned
Structures awarded to Cross Environmental Services, Inc. in the amount
of $13,997.00
X. Crystal Sands Subdivision Water Assessment Project — Final Payment to
Contractor
(memorandum dated February 26, 2007)
119-122
Approved the request for final payment to Underground Utilities, Inc. in
the amount of $2,267.
Y. Removal of Exotic Vegetation within County Easements
(memorandum dated February 13, 2007) 123
Authorized the staff of Utility Services and Purchasing Division to proceed
with bidding and award of proposed project for removal of exotic
vegetation within County easements.
Z. Request for Floodplain Cut and Fill Balance Waiver for Lot 10, Block 14,
Vero Lake Estates, Unit 2
(memorandum dated February 27, 2007)
124-127
Approved staff's recommendation to grant the cut and fill balance waiver
based on the criteria ofSection 930.07(2)(3)4.
AA. Miscellaneous Budget Amendment 012
(memorandum dated February 28, 2007) 128-132
Approved Resolution #2007-020.
BB. Approval of Bid Award for IRC Bid # 2007030 Online Training & Risk
Management Services, Emergency Services
(memorandum dated February 26, 2007)
133-141
Approved Bid Award for IRC Bid #2007030 for Online Training & Risk
Management Services to Target Safety, Inc. in the amount of $23, 945.
7. CONSENT AGENDA (CONT'D.)
PAGE
CC. IRC Jail Roof -Mounted AC Replacements Using Written Quotes
(memorandum dated February 27, 2007) 142-149
Approved staff's recommendation to waive the standard bidding procedure
and accept the written quotes and authorize a Purchase Order not to
exceed the amount of $22,526.50 for the replacement of three air
conditioning units at the jail to Colkitt Sheet Metal and Air Conditioning,
Inc.
March 6, 2007 Page 6 of 15
DD. Pointe West of Vero Beach LTD's Request for Final Plat Approval for a
Subdivision to be Known as Pointe West North Village Phase V
(memorandum dated February 23, 2007)
150-170
Approved staff's recommendation to grant final plat approval.
EE. Amendment to the Interlocal Agreement Between Indian River County and
Sebastian Inlet Tax District - Sectors 1 & 2 Beach Renourishment
(memorandum dated February 28, 2007)
171-175
Approved staff's recommendation for approval and execution of an
amendment to the Interlocal Agreement between Indian River County and
Sebastian Inlet Tax District for Sectors 1 & 2 Beach Renourishment.
8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Double R&D Inc.'s Request to Amend the Comprehensive Plan to
Redesignate ±40.23 Acres From R to L-1, and to Rezone Those
±40.23 Acres from A-1 to RS -3
(memorandum dated February 18, 2007)
9. A.
176-215
Legislative
Denied the request to amend the Comprehensive Plan (4-0).
2. County Initiated Request to Amend the County's Comprehensive
Plan to Redesignate ±47.14 Acres from L-2 to PUB
(memorandum dated February 18, 2007)
216-234
Legislative
Approved Ordinance #2007-009.
PUBLIC ITEMS (CONT'D.)
3. Quail Ridge of Vero Beach LLC's Request to Amend the text of the
Comprehensive Plan's Future Land Use Element Policy 5.8
(memorandum dated February 18, 2007)
235-271
Legislative
Approved Ordinance #2007-010.
Commissioner Davis left the meeting at 3:05 p.rn.
4. County Initiated Request to Amend the Comprehensive Plan to
Redesignate ±1,824.33 Acres From C-1 to AG -2, and to Rezone
Those ±1,824.33 Acres From Con -1 to A-2
(memorandum dated February 28, 2007)
272-308
March 6, 2007 Page 7 of 15
9.
Legislative
Denied rezoning request (3-0).
5. Grace Lutheran Church's Request for Special Exception Use
Approval for a Child Care/Pre-School Facility
(memorandum dated February 26, 2007)
309-320
Quasi -Judicial
Approved Special Exception Use for a Child Care/Pre-School
Facilitv
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 Indian River Soccer Association Regarding
Purchase and Installation of Lights for Soccer Fields at Hobart Park
321
Approved the installation of lights for the soccerfields at Hobart
Park from monies in the Recreation Impact Fee fund balance (3-
0).
2. Request to Speak from John T. Williams Regarding Ongoing
Contract Negotiations With the Firefighters Union 322-323
No Board Action.
3. Request to Speak from Keith D. Hedin Regarding Zoning on 37th
Street
324
Approved to hear the appeal regarding the zoning on 3 7' Street ,
specifically the Source. Mr. Joe Baird, County Administrator was
asked to bring hack possible meeting dates to schedule this
meeting. (3-0).
B. PUBLIC DISCUSSION ITEMS (CONT'D.)
4. Request to Speak from Bryan Delp Regarding Options for the
Commissioners to Hear Public Debate on the Proposal to Establish
a Homeless Center on 37th St
325
Mr. Delp withdrew his request but thanked the BCC for allowing
the matter to he brought back before them.
5. Request to Speak from Raymond A. Metz Regarding Homeless
Center on 37th St. 326
Mr. Metz withdrew his request.
6. Request to Speak from Rex Nelson Regarding Modification of
Zoning Code 327
March 6, 2007 Page 8 of 15
Asked staff to come hack to the BCC with an analysis of the pros
and cons of the modifications requested by Mr. Nelson.
C. PUBLIC NOTICE ITEMS
1. Notice of Public Workshop Monday, March 12, 2007, 9:00 a.m.
A Charter Government Public Workshop has been scheduled for
Monday, March 12, 2007, at 9:00 a.m. in the Commission
Chambers of the County Administration Building, 1840 25th Street,
Vero Beach, Florida
(memorandum dated February 27, 2007)
No Board Action.
2. Notice of Attorney -Client Session, March 13, 2007, 1:30 p.m.
The Indian River County Attorney desires to meet in private with
the County Commission and the County Administrator to discuss
pending litigation to which the County is presently a party in Circuit
Court of the 19th Judicial Circuit (DiVosta Homes, L.P. and
DiVosta Homes Holdings, L.L.C. vs. Indian River County Case No.
20070109 -CA -1
(notice not dated)
No Board Action.
March 6, 2007 Page 9 of 15
9. PUBLIC ITEMS (CONT'D.) PAGE
C. PUBLIC NOTICE ITEMS (CONT'D.)
3. Notice of Public Hearing March 13, 2007
A Public Hearing will be held on March 12, 2007 to consider an
ordinance imposing a State Road 60 Interest Share Fee and
establishing Indian River County Code Chapter 214
(memorandum dated February 28, 2007)
330
Legislative
No Board Action.
10. COUNTY ADMINISTRATOR MATTERS
A. Request for Executive Session — March 6, 2007
(memorandum dated February 27, 2007) 331
Executive Session held time certain at 11:00 a.rn. in the County
Administrator's Conference Room.
B. Joint Meeting with City of Palm Bay
(memorandum dated February 26, 2007) 332-335
Mr. Baird will bring item hack to March 13, 2007 meeting when all
Commissioners were present.
11. DEPARTMENTAL MATTERS
A. Community Development
None
B.
C.
D.
Emergency Services
None
General Services
None
Human Resources
1. Direction for Conducting a Classification and Pay Study
(memorandum dated February 23, 2007) 336
Mr. Baird would direct Human Resources staff to conduct a
classification and pay study.
March 6, 2007 Page 10 of 15
E.
F.
Human Services
None
Leisure Services
None
March 6, 2007 Page 11 of 15
11. DEPARTMENTAL MATTERS (CONT'D.) PAGE
G.
H.
J.
Office of Management and Budget
None
Recreation
None
Public Works
1. Gifford Park Multi-purpose Field Lighting System Privity Musco
Sports Lighting, LLC
(memorandum dated January 20, 2007)
337-361
Approved the privity agreement as developed by the County
Attorney's Staff and authorized its execution. Funding would in
part be from the FRDAP Grant at $102,250 with the remainder
from park impact ees.
Utilities Services
1. Lakewood Terrace Water Service West Side of 27th Ave. North of
the St. Lucie Co. Line, Indian River County Project No. UCP -2317,
Resolution IV — Final Assessment
(memorandum dated February 21, 2007)
362-383
Approved the adoption of Resolution IV and authorized Chairman
to execute the same.
2. North County Reverse Osmosis Water Treatment Plant, Technical
Assistance in Water Supply Planning Projects, Camp Dresser &
McKee, Inc. (CDM) — Amendment No. 1 to Work Order No. 5
(memorandum dated January 26, 2007)
384-388
Approved Addendum No. 1 to Work Order No. 5 made payable to
CDM, Inc. in the amount not to exceed $50,000, and to authorize
the Chairman to execute same.
3. South County Water Treatment Facility: Liquid Chlorine Chemical
Storage Tank Replacement
(memorandum dated February 20, 2007)
389-390
Approved the authorization for Utility Services and the
Purchasing Division to proceed with bidding and award of the
South Waste Water Treatment Facility Chlorine Tanks.
March 6, 2007 Page 12 of 15
11.
12.
DEPARTMENTAL MATTERS (CONT'D.)
4. Lakewood Village Mobile Home Park Deposit
(memorandum dated February 21, 2007)
391-392
Approved staff's recommendation of according to Ordinance No.
91-9, Section 201.08, County staff cannot waive the Utility deposit.
COUNTY ATTORNEY MATTERS
A. Executive Aide — Mutual Release and Covenant Not to Sue
(memorandum dated February 28, 2007) 393-401
The matter was deferred to the March 13, 2007 meeting since there were
were only three Commissioners present.
March 6, 2007 Page 13 of 15
13. COMMISSIONERS ITEMS PAGE
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.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
None
15. ADJOURNMENT — ADJOURNED AT 5:36 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.
March 6, 2007 Page 14 of 15
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 6, 2007 Page 15 of 15