HomeMy WebLinkAbout04/10/2007 (4)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 10, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 1
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING
MICHELLE GENTILE ON HER RETIREMENT FROM INDIAN RIVER COUNTY WITH
TWENTY-FIVE YEARS SERVICE 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 22 THROUGH28,
2007, AS CRIME VICTIMS' RIGHTS WEEK IN INDIAN RIVER COUNTY 2
5.C. PRESENTATION OFA LANDSCAPING AWARD TO COUNTY STAFF BY THE
AUDUBONSOCIETY 2
6. APPROVAL OF MINUTES 2
6.A. JOINT PUBLIC SCHOOL CONCURRENCY WORKSHOP MEETING - FEBRUARY15,
2007 2
April 10, 2007 1
7. CONSENT AGENDA 3
7.A. REPORT PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD: CITY
OF SEBASTIAN ORDINANCE NO. 0-07-01, ANNEXING 3.87 ACRE PARCEL 3
7.B. APPROVAL OF WARRANTS — MARCH 23, 2007-MARCH29, 2007 3
7.C. OUT OF COUNTY TRAVEL FOR COMMISSIONERS AND STAFF TO ATTEND
FLORIDA ASSOCIATION OF COUNTIES ANNUAL CONFERENCE JUNE 12 -15,
2007 3
7.D. CITY OF VERO BEACH APPOINTMENTS TO COUNTY COMMITTEES AND
REGIONAL BOARDS FOR 2007 4
7.E. RESOLUTION CANCELING TAXES ON PROPERTY DEDICATED TO INDIAN RIVER
COUNTY FOR RIGHT-OF-WAY 4
7.F. ACCEPTANCE CHANGE ORDER No. 25, FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS 4
7.G. ACCEPTANCE OF CHANGE ORDER No. 26, FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS 5
7.H. APPROVAL OF ANNUAL BID # 2007042 PRINTING SERVICES FOR THE
RECREATION DEPARTMENT BROCHURES 5
7i CHANGE ORDER #1 FOR INDIAN RIVER DRIVE SIDEWALK SOUTH BETWEEN
THE SOUTH CITY LIMITS OF SEBASTIAN AND USI, IRC PROJECT #0201 AND
IRC BID #2007027 6
7.J. RENEWAL OF NEC MAINTENANCE CONTRACT FOR COURTHOUSE TELEPHONE
SYSTEM 7
7.K. CONSIDERATION TO LEASE PROPERTY ADJACENT TO FLEET MAINTENANCE TO
THE COUNCIL ON AGING FOR A TRANSIT FACILITY 7
7.L. MILLSTONE LANDING PD, 21sT STREET S.W. CONSTRUCTION 7
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 8
9. PUBLIC ITEMS 8
April 10, 2007 2
9.A.1. REQUEST FOR AUTHORIZATION FOR THE COMMUNITY DEVELOPMENT
DIRECTOR TO MAKE APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK
GRANT IN THE NEIGHBORHOOD REVITALIZATION CATEGORY AND REQUEST
FOR AUTHORIZATION TO PROCEED WITH CONSULTANT SELECTION PROCESS
(LEGISLATIVE) 8
9.B. PUBLIC DISCUSSION ITEMS - NONE 9
9.C. PUBLIC NOTICE ITEMS - NONE 10
10. COUNTY ADMINISTRATOR'S MATTERS 10
10.A. NOTICE OF JOINT MEETING WITH CITY OF PALM BAY 10
11. DEPARTMENTAL MATTERS 10
11.A. COMMUNITY DEVELOPMENT 10
11.A.1. CONSIDERATION OF THE CITY OF FELLSMERE'S 2007 COMPREHENSIVE
PLAN AMENDMENTS 10
11.A.2. GIRARD EQUIPMENT INC. 'S REQUEST FOR A LOCAL JOBS GRANT 11
11.B. EMERGENCY SERVICES 12
11.B.1. APPROVAL OF ADDENDUM TO THE BELLSOUTH SPECIAL SERVICE
AGREEMENT 12
11. C. GENERAL SERVICES - NONE 13
11.D. HUMAN RESOURCES - NONE 13
11.E. HUMAN SERVICES - NONE 13
11.F. LEISURE SERVICES - NONE 13
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 13
11.H. RECREATION - NONE 13
11.I. PUBLIC WORKS - NONE 13
11..1 UTILITIES SERVICES 13
April 10, 2007 3
11.J.1. MEADOWLARK WOODS SUBDIVISION PETITION WATER SERVICE (618T
AVENUE NORTH OF 41ST STREET), INDIAN RIVER COUNTY PROJECT NO.
UCP -2324 13
12. COUNTY ATTORNEY MATTERS - NONE 14
13. COMMISSIONER ITEMS 14
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 14
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR - NONE 14
13. C. COMMISSIONER WESLEY S. DAVIS - NONE 14
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 14
13.E. COMMISSIONER PETER D. O'BRYAN - NONE 14
14. SPECIAL DISTRICTS AND BOARDS 14
14.A. EMERGENCY SERVICES DISTRICT 14
14.A.1. APPROVAL OF MINUTES - MEETING OF DECEMBER 19, 2006 14
14.A.2. CONSTRUCTION SERVICES CONTRACT (PART 1 AGREEMENT) WITHBARTH
CONSTRUCTION FOR THE CONSTRUCTION OF INDIAN RIVER COUNTY FIRE
RESCUE STATION NO. 12 (GIFFORD COMMUNITY STATION) 15
14.A.3. EMERGENCY SERVICES STATION 2, DEDUCTIVE CHANGE ORDER NO. 1 15
14.B. SOLID WASTE DISPOSAL DISTRICT- NONE 15
14. C. ENVIRONMENTAL CONTROL BOARD - NONE 15
15. ADJOURNMENT 15
April 10, 2007 4
April 10, 2007
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on
Tuesday, April 10, 2007, at 9:01 a.m. Present were Chairman Gary C. Wheeler, Vice Chair Sandra
L. Bowden, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:01 a.m.
2. INVOCATION
delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
P
anning Director Stan Boling
Commissioner Joseph E. Flescher led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Addition: Item 10.A. — Notice of meeting with City of Palm Bay scheduled for
April 11, 2007 at 7:00 p.m. in the City of Palm Bay Council Chambers.
April 10, 2007 1
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD
HONORING MICHELLE GENTILE ON HER RETIREMENT FROM INDIAN
RIVER COUNTY WITH TWENTY-FIVE YEARS SERVICE
Commissioner Flescher read and presented the Proclamation to Michelle Gentile
honoring her on retirement from the Department of Public Works.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 22 THROUGH
28, 2007, AS CRIME VICTIMS' RIGHTS WEEK IN INDIAN RIVER COUNTY
Chairman Wheeler read the Proclamation into the record.
5.C. PRESENTATION OF A LANDSCAPING A WARD TO COUNTY STAFF BY THE
A UDUBON SOCIETY
Doctor Richard Baker on behalf of the Audubon Society, presented Landscaping
Awards to the following County staff: Stan Boling, John McCoy, Brian Freeman and Roland
DeBlois.
6. APPROVAL OF MINUTES
6.A. JOINT PUBLIC SCHOOL CONCURRENCY WORKSHOP MEETING —
FEBRUARY15, 2007
The Chairman asked if there were any corrections or additions to the Joint Public
School Concurrency Workshop Meeting of February 15, 2007, 2007.
April 10, 2007 2
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of February 15, 2007,
as written and distributed.
7. CONSENT AGENDA
7.A. REPORT PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD: CITY OF SEBASTIAN ORDINANCE No. 0-07-01, ANNEXING
3.87 ACRE PARCEL
NO BOARD ACTION REQUIRED OR TAKEN
7.B. APPROVAL OF WARRANTS — MARCH 23, 2007 - MARCH 29, 2007
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period March 23, 2007 — March 29, 2007, as requested
in the memorandum of March 29, 2007.
7. C. OUT OF COUNTY TRAVEL FOR COMMISSIONERS AND STAFF TO A TTEND
FLORIDA ASSOCIATION OF COUNTIES ANNUAL CONFERENCE JUNE 12
-15.2007
April 10, 2007 3
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously authorized out
of County travel for Commissioners and the County
Administrator to attend the Florida Association of Counties
(FAC) 2007 Annual Conference in Orlando, June 12-15,
2007, as requested in the memorandum of April 3, 2007.
7.D. CITY OF VERO BEACH APPOINTMENTS TO COUNTY COMMITTEES AND
REGIONAL BOARDS FOR 2007
The Board noted for the record, the City of Vero Beach's newly appointed council
members and appointments for the period of March 2007 to March 2008 for County committees
and regional boards.
7.E. RESOLUTION CANCELING TAXES ON PROPERTY DEDICATED TO INDIAN
RIVER COUNTY FOR RIGHT -OF- WAY
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Resolution No. 2007-033, accepting a right- of -way
dedication and canceling certain taxes upon publicly owned
lands, pursuant to Section 196.28, Florida Statutes. (Kelso
Place)
7.F. ACCEPTANCE CHANGE ORDER NO. 25, FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS
April 10, 2007 4
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously authorized the
Chairman to execute Change Order No. 025 with Turner
Construction Company which will then result in a decrease
to the GMP of $74,700.00 and an increase to the Owner's
Contingency in the amount of $4,582.00, for New County
Administration Building, as recommended in the
memorandum of April 4, 2007.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.G. ACCEPTANCE OF CHANGE ORDER No. 26, FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously authorized the
Chairman to execute Change Order No. 026 with Turner
Construction Company which will then result in no change
to the GMP, and an increase to the Owner's Contingency in
the amount of $4,744.00, as recommended in the
memorandum of April 4, 2007.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. APPROVAL OF ANNUAL BID # 2007042 PRINTING SERVICES FOR THE
RECREATION DEPARTMENT BROCHURES
April 10, 2007 5
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously (1) awarded
the bid to Countywide Printing, Inc. as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; (2)
authorized the Purchasing Division to issue blanket
purchase orders or individual job purchase orders, as
needed, for the period beginning April 2007 through
September 30, 2007 with the recommended bidder; and (3)
authorized the Purchasing Manager to renew the contract
for two (2) additional one (1) year periods subject to
satisfactory performance, zero cost increase, Bidder
acceptance and the determination that renewal of these
annual contracts is in the best interest of Indian River
County, all as recommended in the memorandum of April
3, 2007.
7.1. CHANGE ORDER #1 FOR INDIAN RIVER DRIVE SIDEWALK SOUTH
BETWEEN THE SOUTH CITY LIMITS OF SEBASTIAN AND US1, IRC
PROJECT #0201 AND IRC BID #2007027
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Change Order No. 1, decreasing the contract amount by
April 10, 2007 6
S29,212.14, as recommended in the memorandum of April
2, 2007.
7.J RENEWAL OF NEC MAINTENANCE CONTRACT FOR COURTHOUSE
TELEPHONE SYSTEM
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the 5
year Maintenance Agreement to be paid annually based on
the annual review of port counts and the fixed $1.60 per
port per month pricing, as recommended in the
memorandum of March 28, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. CONSIDERATION TO LEASE PROPERTY ADJACENT TO FLEET
MAINTENANCE TO THE COUNCIL ON AGING FOR A TRANSIT FACILITY
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
concept of leasing this property to the Council on Aging for
a Transit Facility for $1.00 per year with the understanding
that staff will bring back an agreement and resolution for
the Board to review and take action it deems appropriate, as
recommended in the memorandum of April 2, 2007.
7.L. MILLSTONE LANDING PD, 21ST STREET S.W. CONSTRUCTION
April 10, 2007 7
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously accepted the
lump sum payment of $9,516.25 in lieu of remedial work in
the deficient roadway areas, and authorized Chairman to
sign the "Agreement For the Contribution of Funds for
Repairs to 21st Street S.W.", as recommended in the
memorandum of April 2, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A.1. REQUEST FOR AUTHORIZATION FOR THE COMMUNITY DEVELOPMENT
DIRECTOR TO MAKE APPLICATION FOR A COMMUNITY DEVELOPMENT
BLOCK GRANT IN THE NEIGHBORHOOD REVITALIZATION CATEGORY
AND REQUEST FOR A UTHORIZATION TO PROCEED WITH CONSULTANT
SELECTION PROCESS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating informed the Board that this
item was brought back from the March 20, 2007 meeting regarding the preparation and submission
April 10, 2007 8
of a Neighborhood Revitalization Community Development Block Grant (CDBG) application
which requested a fire station on 49`h Street, in Gifford. Staff developed the application with the
assistance of Consultant Fred Fox and met with the County's Citizen Advisory Task Force
(CATF), who unanimously recommended that the application for the fire station be submitted.
Director Keating informed the Board that because all Florida counties would be competing for the
Grant, there would be no guarantee that Indian River County would receive the maximum amount
of $750,000.00.
Fred Fox informed the Board that the applications needed to arrive in Tallahassee
by April 20`hand if the County was successful, the contract would be awarded in the fourth quarter.
He said the cost of the project would be $2.2 million, with $750,000.00 coming from the Grant.
Discussion ensued as the Board and Mr. Fox spoke of other areas that were
considered for the fire station, completed plans and specifications, and administrative fees.
The Chairman opened the public hearing, there were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, the Board unanimously approved
Resolution No. 2007- 034, authorizing the Community
Development Director to make application to the Florida
Department of Community Affairs for a Neighborhood
Revitalization Small Cities Community Development
Block Grant for Federal Fiscal Year 2007.
9.B. PUBLIC DISCUSSION ITEMS - NONE
April 10, 2007 9
9.C. PUBLIC NOTICE ITEMS - NONE
10. COUNTY ADMINISTRATOR'S MATTERS
10.A. NOTICE OF .JOINT MEETING WITH CITY OF PALM BAY
Joe Baird announced there would be a Joint Meeting of the Indian River County
Board of County Commission and the City of Palm Bay City Council on April 11, 2007, at 7:00
p.m. in the Council Chambers of the City of Palm Bay, 120 Malabar Road, S.E., Palm Bay, Florida
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT
11.A. 1. CONSIDERATION OF THE CITY OF FELLSMERE'S 2007
COMPREHENSIVE PLAN AMENDMENTS
Director Keating informed the Board that Fellsmere had submitted several
Comprehensive Plan Amendments to the Florida Department of Community Affairs (DCA) for its
review and comment. Through a PowerPoint presentation (on file), he pointed out two major
concerns of the land use amendments:
(1) Fellsmere 392 — property located at I-95 and CR 512, proposed to change from
County commercial industrial (C/I) to City low density mixed neighborhood and regional
employment activity center land uses. Director Keating expressed staffs concerns regarding
contiguity requirements, conservation/preservation, the location of the gun range, economic
development, and the loss of potential industrial sites.
(2) Banack — property located between 99th and 101st Streets, proposed to change
from County agriculture to low density residential. Director Keating noted that staff did not have
significant objections with the annexation or proposed land use; however, there were concerns
April 10, 2007 10
about the County maintained ditch roads which could be impacted by the development of the
annexation and a recently approved mining project.
Discussion ensued between the Board and Director Keating regarding past and
future correspondence/communications between staff and Fellsmere officials, the procedures
taken, and the process of addressing the annexations.
Director Keating provided the Board with the proper procedures for submitting
comprehensive plan amendments.
Commissioner O'Bryan voiced his concern with incompatibility issues and the
possible loss of industrial land. He thought it was critical to keep the manufacturing companies
isolated and buffered from residential development, and expressed the importance of emphasizing,
in the letter being sent to the Treasure Coast Regional Planning Council, that residential would be
"totally incompatible" with the existing uses around the property.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, the Board unanimously authorized the
Chairman to sign the letter for submittal to the Treasure
Coast Regional Planning Council (TCRPC) and to include
a cover letter emphasizing the incompatibility of residential
with existing uses, as recommended in the memorandum of
April 4, 2007.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.A.2. GIRARD EQUIPMENT INC.'S REQUEST FOR A LOCAL JOBS GRANT
April 10, 2007 11
Director Keating revealed that Girard Equipment, Inc., had applied for a Local Jobs
Grant, proposing to relocate their headquarters to Indian River County. He informed the Board
that there is currently a proposed Jobs Grant Agreement between Girard and the County and he
noted that the company has not made a final decision as to where they would locate but said they
were considering the Enterprise Zone.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Girard Equipment, Inc.'s request for a jobs grant of up to
$7,200.00, and authorized the Chairman to sign the Job
Grant Agreement with Girard Equipment, Inc., as
recommended in the memorandum of March 30, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.B. EMERGENCY SERVICES
11.B.1. APPROVAL OF ADDENDUM TO THE BELLSOUTH SPECIAL SERVICE
AGREEMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Addendum to the BellSouth Special Services
Agreement and authorized the Chairman to execute the
Agreement, as recommended in the memorandum of April
3, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
April 10, 2007 12
11. C GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES - NONE
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION- NONE
11.1. PUBLIC WORKS - NONE
11.J. UTILITIES SERVICES
11. J.1. MEADOWLARK WOODS SUBDIVISION PETITION WATER SERVICE (61 ST
AVENUE NORTH OF 4187 STREET), INDIAN RIVER COUNTY PROJECT
No. UCP -2324
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved the
project and authorized the Department of Utility Services to
proceed with the project, in preparation for the special
assessment, as recommended in the memorandum of March
28, 2007.
April 10, 2007 13
12. COUNTY ATTORNEY MATTERS - NONE
13. COMMISSIONER ITEMS
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
13.B. COMMISSIONER SANDRA L. BoWDEN, VICE CHAIR - NONE
13. C. COMMISSIONER WESLEY S. DAVIS - NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
13.E. COMMISSIONER PETER D. O'BRYAN - NONE
14. SPECIAL DISTRICTS AND BOARDS
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are
being prepared separately and appended to this document.
14.A. EMERGENCY SERVICES DISTRICT
14.A.1. APPROVAL OF MINUTES - MEETING OF DECEMBER 19, 2006
April 10, 2007 14
14.A.2. CONSTRUCTION SERVICES CONTRACT (PART I AGREEMENT) WITH
BARTH CONSTRUCTION FOR THE CONSTRUCTION OF INDIAN RIVER
COUNTY FIRE RESCUE STATION No. 12 (GIFFORD COMMUNITY
STATION)
14.A.3. EMERGENCY SERVICES STATION 2, DEDUCTIVE CHANGE ORDER No.
1
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
14. C ENVIRONMENTAL CONTROL BOARD — NONE
15. ADJOURNMENT
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 10:22 a.m.
ATTEST:
April 10, 2007 15
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/LAA/2007Minutes
April 10, 2007 16