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IMPLEMENTATION
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, APRIL 3, 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 Tom Harris, First Presbyterian Church
Commissioner Sandra L. Bowden
Vice Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
13.C1 Clarification by Commissioner Davis the item should he identified as
Discussion of County Road (CR) 512 issues (not CR 510)
PAGE
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Plaque of Recognition to the Indian River County Health
Department as Project Public Health Ready 1
Presented by Commissioner Wheeler to Ms. Miranda Swanson, Interim
Health Department Director.
April 3, 2007 Page 1 of 13
B. Presentation of Proclamation Designating April 2 — 8, 2007, as National
Public Health Week 2
Presented by Commissioner Wheeler to Ms. Miranda Swanson, Interim
Health Department Director.
5. PROCLAMATIONS and PRESENTATIONS (CONT'D)
C. Presentation of Proclamation Designating April 2 — 6, 2007, as Juvenile
Justice Week
PAGE
3
Presented by Commissioner Wheeler.
D. Presentation of Proclamation Designating April 9 — 14, 2007, as National
Architecture Week 4
Presented by Commissioner Bowden to Mr. Richard Bialoski on behalf of
Greg Burke.
E. Presentation by Michael J. Wallwork, P.E., Alternate Street Design, P.A., An
Overview of Modern Roundabouts 5-10
PowerPoint presentation by Mr. Michael J. Wallwork, P.E. Motion to
direct staff to identify five to ten intersections that could be improved by
the use of Roundabouts and bring back to the BCC their findings for
further discussion.
6. APPROVAL OF MINUTES
A. Regular Meeting of January 23, 2007
Approved as submitted.
B. Regular Meeting of February 6, 2007
Approved as submitted.
C. Workshop of February 9, 2007 — US -1 Concurrency
Approved as submitted.
D. Workshop of February 19, 2007 — Cloud Grove
Approved as submitted.
7. CONSENT AGENDA
A. Report Placed on File in the Office of Clerk to the Board:
Notice of Convictions October 2006 through February 2007
Approved as presented.
April 3, 2007 Page 2 of 13
B. Report Placed on File in the Office of Clerk to the Board:
Auditor General's Audit Report No. 2007-1444 of Indian River County
District School Board, for the Fiscal Year ended June 30, 2006
Approved as presented.
C. Approval of Warrants — March 9, 2007 — March 15, 2007
(memorandum dated March 15, 2007) 11-18
Approved as presented.
D. Approval of Warrants — March 16, 2007 — March 22, 2007
(memorandum dated March 22, 2007) 19-27
Approved as presented.
E. 2007 Election of Emergency Services District Advisory Committee
(ESDAC) Chairman and Vice Chairman
(memorandum dated March 27, 2007)
28
Approved the election of Toni Teresi as Chairman and Councilwoman
Cheryl Hampton as Vice Chairman of the Emergency Services District
Advisory Committee for the year 2007.
April 3, 2007 Page 3 of 13
7. CONSENT AGENDA (CONT'D.) PAGE
F. The Lakes at Sandridge Phase 1, Developer: IRC Development, L.L.C.,
Modification to Warranty and Guaranty Agreement, and Bill of Sale for
Required Improvements and Cash Deposit and Escrow Agreement
(memorandum dated March 15, 2007) 29-38
Approved the Modification to Warranty and Guaranty Agreement, and Bill
of Sale for Required Improvements Contract No. PD-03-07-17-WGPH1
(2002120179-38772) and Modification to Cash Deposit and Escrow
Agreement; authorize the Chairman to execute same; and authorize the
return of $123,260 currently held in escrow to IRC Development, L.L.C.
G. Echo Lake Right -of -Way Conveyance
(memorandum dated March 26, 2007) 39-46
Approved the conveyance of the Echo Lake Right -of- Way and authorized
the Chairman to execute the Quitclaim Deed in order to clarify the public
records.
H. Indian River County Bid # 2007046 Egret Marsh Stormwater Park, Public
Works Department / Stormwater Division
(memorandum dated March 19, 2007)
47-52
Approved the recommendation of staff to reject both bids because it was
determined neither bidder ineets the specifications set forth in the
Invitation to Bid and both bids exceed the budgeted ainount.
Gifford Youth Activity Center, Inc., Lease Agreement — Maintenance and
Repairs, Miscellaneous Budget Amendment 015
(memorandum dated March 27, 2007)
53-59
Approved Resolution #2007-030 in the ainount of $2, 735. for
reimbursement from the Renewal and Replacement Fund to cover the
costs of roof repairs at the Gifford Youth Activity Center.
J. Professional Engineering Services Agreement, CR 512 Corridor
Improvements — IRC Project No. 9611, Addendum No. 13 (Masteller &
Moler, Inc.)
(memorandum dated March 26, 2007)
60-67
Approved Addendum No. 13 for a total cost of $55,275 made payable to
Masteller & Moler, Inc.
April 3, 2007 Page 4 of 13
K. Winter Beach Park Subdivision, Water Assessment Project, UCP No. 2633,
Approval of Final Payment to Contractor and Release of Retainage, W.I.P.
No. 473-169000-06525 Bid Number 2006-104
(memorandum dated March 15, 2007)
68-72
Approved Application for Payment No. 2, Final payment to the Contractor,
Underground Utilities, Inc. in the amount of $3,073, with a total project
construction cost of $63,573.
L. Operating Hours for Main and North County Libraries for Easter Weekend
(memorandum dated March 28, 2007)
73
Approved the operating hours for the Main and North County Libraries
for Easter Weekend as Closed April 6 and April 8, 2007, and open
Saturday, April 7, 2007.
M. Acceptance of Change Order No. 9, New County Emergency Operations
Center
(memorandum dated March 28, 2007)
74-91
Approved Change Order G701-2001 as presented with a new guaranteed
maximum price of $4,142,267 made payable to Turner Construction.
N. Approval of Request for Proposal (RFP) 2007043
(memorandum dated March 26, 2007) 92-155
Approved the Request for Proposal No. 2007043 to allow not-for-profit, for
profit, governmental agencies and individuals to apply for funding to
provide programs for Indian River County Children.
0. Agreement with Indian River County School District
(memorandum dated March 26, 2007) 156-161
Approved agreement with Indian River County School District for
Exchange of Use o Facilities and Equipment as presented.
P. Request for Floodplain Cut and Fill Balance Waiver for Hammock Shores
Subdivision
(memorandum dated March 14, 2007)
162-164
Approved Alternative No. 1 for the cut and fill balance waiver request of
0.64 Ac -ft.
7. CONSENT AGENDA (CONT'D.) PAGE
April 3, 2007 Page 5 of 13
Q.
Economic Development Council Recruitment Team
(memorandum dated March 28, 2007) 165-167
Approved staff's recommendation to pre -approve necessary travel for
business and industry recruitment, and approve a budget of up to $10,000
for this travel.
8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Indian River County Sheriff — Rov Raymond
Forfeiture Trust Fund
(letter dated March 19, 2007)
168
Approved the request to transfer $3,873.98 from the Law Enforcement
Trust Fund to support the Drug Abuse Resistance Education program
(D.A.R.E.) in the amount of $2,873.98 to purchase program materials, and
$1,000. to support the annual Florida Missing Children's Day ceremony.
B. Indian River County Supervisor of Elections — Kay Clem
Budget Amendment
(memo dated March 15, 2007)
169
Approved the request to move revenues collected for the municipal
elections in the amount of $61,462 into the Supervisor of Elections budget
to help cover the cost of installation of the EVID electronic poll registers.
9. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
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 Charles R. Wilson, Media Arts Group,
Regarding Tourist Development Tax
170-174
Mr. Charles R. Wilson, Media Arts Group, gave a brief
presentation regarding a possible change in the dispersing of
Tourist Development Tax money.
No Board Action.
2. Request to Speak from George Blythe Regarding Moving Sebastian
Freight Station from FIND property (old Vickers Grove property) to
the Archie Smith property
175
April 3, 2007 Page 6 of 13
Request from Mr. George Blythe for the Board of County
Commissioners to support moving the ,Sebastian Freight Station
from FIND property to the Archie Smith Property.
No Board Action.
C. PUBLIC NOTICE ITEMS
None
10. COUNTY ADMINISTRATOR MATTERS
A. Soccer Association Lighting
(memorandum dated March 28, 2007) 176-182
Mr. Baird reported the awarding of a bid from Techline Sports Lighting,
LP in the amount of $606, 700 for lighting at the Hobart Park soccer
fields. The cost will he paid from the monies in the Recreation Impact
Fee fund balance.
No Board Action.
April 3, 2007 Page 7 of 13
11. DEPARTMENTAL MATTERS PAGE
A.
B.
C.
D.
E.
F.
G.
H.
Community Development
1. Demolition of various structures located at 5900 5th Street SW
(memorandum dated March 27, 2007)
183-185
Approved staff's recommendation to proceed with obtaining a
court order for the demolition of the structures located at 5900 51/1
Street, 5. W. (JF -WD 5-0).
2. Mercer Beck Enterprises, LLC 's Appeal of a Planning and Zoning
Commission Decision to Deny Administrative Permit and Major
Site Plan Approval to Construct a Commercial Kennel to be Known
as Top Hat and Tails Pet Boarding Facility [Quasi -Judicial]
(memorandum dated March 27, 2007)
186-230
Denied appeal WD/S11/.117 (3-2) PO/GW.
Emergency Services
None
General Services
None
Human Resources
None
Human Services
None
Leisure Services
None
Office of Management and Budget
None
Recreation
None
April 3, 2007 Page 8 of 13
Public Works
1. Heritage Grove Subdivision Developer's Agreement between Tousa
Homes, Inc. and Indian River County
(memorandum dated March 27, 2007)
231-236
Approved Alternative No. 1 to approve the Developer's Agreement
whereby the Developer will escrow with the County the $53,397.
cost of the turn lane and the County will construct it with the
County project.
April 3, 2007 Page 9 of 13
11. DEPARTMENTAL MATTERS (CONT'D) PAGE
J.
Utilities Services
1. 27th Drive Petition Water Service (North of 4th Street), Indian River
County Project No. UCP — 2906, Preliminary Assessment
Resolutions I and II
(memorandum dated March 21, 2007)
237-249
Approved Resolution #2007-031 establishing the preliminary
assessment roll and Resolution #2007-032 establishing the public
hearing date.
2. Pre -Purchase Equipment for Replacement of the Rockridge Sewer
System — UCP#2521
(memorandum dated March 19, 2007)
250-264
Approved the sole purchase of AIRVAC equipment, and
authorized the Chairman to execute same afier final approval by
the County Attorney and the County Administrator with
$3,719,500 coming from a CDBG Grant and $3,000,000 FEMA
grant (pending).
3. Approval of Change Order No. 1 for Utility Conflict Resolutions by
Utilities Department Labor Contractor for Public Works
Department Bid No 2006-065, Project No. 9611 & 0001, CR 510
and CR 512 Phase III Improvements
(memorandum dated March 2, 2007)
265-273
Approved Change Order No. 1 for Utility Conflict Resolutions by
Utilities Department Labor Contractor for Public Works
Department Bid No. 2006-065, Project No. 9611 & 0001, CR 510
and C'R 512 Phase III improvements in the amount of $94,926.53.
4. Consulting Services Work Order No. 17 with Kimley-Horn for
Permitting, Design and Construction Services for the Installation of
a New In-line Lift Station at 90th Ave. & CR 510 — UCP#2669
(memorandum dated February 13, 2007)
274-282
Approved Work Order No. 17 with Kimley-Horn in the amount of
$88, 700 for design work associated with the installation of a new
in-line lift station at 90th Avenue & C'R 510.
12. COUNTY ATTORNEY MATTERS
A. April 12th Meetings Regarding Charter Government
(memorandum dated March 22, 2007) 283
The Board decided to schedule the meetings on a proposed charter
identified as workshops.
April 3, 2007 Page 10 of 13
B. Stoney Brook Farms, Request from Developer, Stoneybrook Farms Group,
L.L.C. (Chad Kelly, Manager and J. Kevin Bynum, Manager) for an
Extension to Complete Required 8th Street Turn Lane Improvements
(memorandum dated March 28, 2007)
284-304
Approved the Third Modification to Contract for Construction of
Required Improvements No. SD -04 -04 -17 -CFC which extends the date for
completion of the required 81/1 Street turn lane improvements to August
27, 2007 so long as the security supporting the contract is extended to
November 27, 2007. If acceptable security is not in place by 5:00 p.m. on
Monday, April 9, 2007, then the Third Modification will become null and
void and staff is to proceed to call the existing AM,couth Bank Irrevocable
Letter of Credit #79531596 on April 10, 2007 and authorize the Chairman
to execute same.
13. COMMISSIONERS ITEMS
A.
B.
Commissioner Gary C. Wheeler, Chairman
1. Discussion of application for land annexation from the City of
Fellsmere
Motion to authorize Chairman Wheeler to deal with County staff
and the City of Fellsnsere to address the most recent annexations
PO/GW/IF (3-2) WIVSB.
Commissioner Sandra L. Bowden, Vice Chairman
None
April 3, 2007 Page 11 of 13
13. COMMISSIONERS ITEMS (CONT'D) PAGE
C.
D.
E.
Commissioner Wesley S. Davis
1. Discussion of County Road (CR) 54-9 CR 512 traffic issues
Presentation by Commissioner Davis on possible corrective
actions and mitigation strategies for issues on CR 512, requested
staff to come hack to the BCC with implementation policies.
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
1. Indian River County Solid Waste Disposal District Master Plan
Update
(memorandum dated March 27, 2007)
305-314
Approved the Master Plan Update as presented
Environmental Control Board
None
15. ADJOURNMENT — 2:24 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.
April 3, 2007 Page 12 of 13
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.
April 3, 2007 Page 13 of 13