HomeMy WebLinkAbout04/04/2006 (4)
9:00 A.M. -TUESDAY, AUGUST 10, 2004, 9:00 A.M. -TUESDAY, AUGUST 10, 2004, 9:00 A.M. -, 2004, TUESDAY, AUGUST 10 WWW.IRCGOV.COM Street. Vero Beach, Florida, 32960 th 1840 25 County
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Administration Building C O M M I S S I O N A G E N D A S S I O N A G E N D A C O M M I S S I O N A G E N D A
IMPLEMENTATION
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
C O M M I S S I O N A G E N D A
TUESDAY, APRIL 4, 2006 - 9:00 A.M.
County Commission Chamber
County Administration Building
th
1840 25 Street. Vero Beach, Florida, 32960-3365
WWW.IRCGOV.COM
COUNTY COMMISSIONERS
Arthur R. Neuberger, Chairman District 2 Joseph A. Baird, County Administrator
Gary C. Wheeler, Vice Chairman District 3 William G. Collins II, County Attorney
Sandra L. Bowden District 5 Kimberly Massung, Executive Aide to BCC
Wesley S. Davis District 1 Jeffrey K. Barton, Clerk to the Board
Thomas S. Lowther District 4
PAGE
1.
CALL TO ORDER 9:00 A.M. – ALL PRESENT
Pastor Ray Scent,
2.
INVOCATION
Gathering of Devoted Servants
Commissioner Arthur R. Neuberger, Chairman
3.
PLEDGE OF ALLEGIANCE
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Addition – 5.E – Visiting Dignitary – Chief Nana from Ghana
Emergency Item 7.CC - Out of County Travel to Attend the Research Coast
Outlook Conference
Additional Backup – Item 9.B.2
Approved
Page 1 of 13
April 4, 2006
PAGE
5.
PROCLAMATIONS and PRESENTATIONS
A. Holden Kris Named National President of National Association of Shooting
Ranges (NASR)
(memorandum dated March 29, 2006) 1-2
Recognition of Holden Kris as the 2006 National President of the NASR.
B. Presentation of Proclamation Designating the Month of April, 2006, as Child
Abuse Prevention Month 3
Proclamations presented to Rob Hill, Director of Development Resource,
Hibiscus Children’s Center and Nancy Gollnick, President of the Exchange
Club of Indian River.
C. Presentation of Sweep Challenge by Keep Indian River Beautiful, Inc.
(KIRB)
(letter dated March 27, 2006) 4-5
Presentation of Sweep Challenge by Sherry Hamlin, Executive Director of
KIRB.
D. Presentation by U.S. Small Business Administration
(fax dated March 15, 2006) 6
Presentation by J. T. Gallman, U.S. Small Business Administration.
E. Presentation of Chief Nana from Ghana
(memorandum dated March 30, 2006)
Presentation of Visiting Dignitary – Chief Nana from Ghana by Geraldine
White.
6.
APPROVAL OF MINUTES
A. Meeting of February 21, 2006
Approved
7.
CONSENT AGENDA
A. Reports Placed on File in the Office of the Clerk to the Board:
1. Report of Convictions – February 2006
2. St. Johns River Water Management District – CAFR FY end
September 30, 2005 (CD Format)
Approved
Page 2 of 13
April 4, 2006
7.
CONSENT AGENDA (CONT’D.) PAGE
B. Approval of Warrants
(memorandum dated March 16, 2006) 7-15
Approved
C. Approval of Warrants
(memorandum dated March 23, 2006) 16-25
Approved
D. Out of County Travel to Attend the 2006 Florida Governor’s Hurricane
Conference
(memorandum dated March 27, 2006) 26-35
Approved Commissioners and staff to attend the 2006 Florida Governor’s
Hurricane Conference May 10-12, 2006 in Fort Lauderdale.
E. Sebastian City Council Members Liaisons to County and Regional Boards –
March 2006-March 2007
(memorandum dated March 27, 2006) 36-39
Noted for the record. New City of Sebastian Council Member (Al
Pasternoster) and Council Liaisons to County Regional Boards.
F. Town of Orchid Representatives to County Committees
(memorandum dated March 27, 2006) 40-41
Noted for the record. New Town of Orchid Council Members (Paul H.
Johnson, Suzanne S. Joyce and Francis “Bud” Oatway) and
representatives to County committees.
G. Vero Beach City Councilmembers to County Committees and Regional
Boards – March 2006-March 2007
(memorandum dated March 27, 2006) 42-45
Noted for the record. City of Vero Beach Councilmembers to County
committees and Regional Boards.
H. Resignation from the Tourist Development Council (TDC)
(memorandum dated March 21, 2006) 46-47
Approved the resignation of Cheryl Cummins from the TDC as the “not an
owner/operator interested in tourist development” appointee.
I. Appointment to the Tourist Development Council (TDC)
(memorandum dated March 21, 2006) 48-52
Approved Susan Adams as the “not an owner/operator interested in tourist
development” appointee to the TDC.
Page 3 of 13
April 4, 2006
7.
CONSENT AGENDA (CONT’D.) PAGE
J. Appointment to the Agriculture Advisory Committee (AAC)
(memorandum dated March 20, 2006) 53-58
Approved the appointment of Gary Pressley as the Associated Industry
Representative to the AAC.
K. Quit-Claim Deed Wm. Gregory Construction, Inc.
(memorandum dated March 24, 2005) 59-62
Approved and authorized the Chairman to execute the quit claim deed, but
retain the drainage easement.
L. Annual Financial Report
(memorandum dated March 28, 2006) 63-102
Approved and authorized the Chairman to sign the County’s Annual Local
Government Financial Report for fiscal year 2004-2005.
M. Dori Slosberg Driver Education Safety Act Grant Award
(memorandum dated March 23, 2006) 103-109
Approved the grant application from the School District of Indian River
County for additional funding for the driver education summer school
programs and authorized a budget amendment to allocate funding in the
amount of $15,392.00.
N. Work Order #1, Applied Technology and Management Inc. Sectors 1&2
Biological Monitoring
(memorandum dated March 22, 2006) 110-120
Approved Work Order # 1 in the amount of $79,029.00 to Applied
Technology and Management Inc. for the development of an appropriate
biological monitoring plan for the planned renourishment of Sectors 1&2
project and for preconstruction monitoring of sea turtle nesting to be
conducted this summer.
O. Amendment #2, FDEP Grant Agreement No. H5IR1
(memorandum dated March 14, 2006) 121-130
Approved Amendment # 2 which extends the expiration date of H5IR1 until
July 1, 2007 and provides $3,870,000 for the Sector 7 construction costs
(including a 10% local match) and authorized the Chairman to execute
same.
Page 4 of 13
April 4, 2006
7.
CONSENT AGENDA (CONT’D.) PAGE
P. Serenoa L.L.C.’s Request for Final Plat Approval for a Subdivision to be
Known as Serenoa – Phase I
(memorandum dated March 21, 2006) 131-157
Approved Final Plat Approval for a Subdivision to be Known as Serenoa –
Phase I, with recordation of the plat only after the letters of credit have
been received, reviewed, approved, and validated by the County Attorney’s
Office and the contracts executed by the County Administrator.
Q. Federal Fiscal Year 2006 Edward Byrne Memorial Justice Assistance Grant
(JAG) Program Certification of Participation (State Fiscal Year 2007)
(memorandum dated March 28, 2006) 158-165
Approved staff recommendation – Alternative 2 – Accept the invitation to
serve as the coordinating unit of government in the FDLE Edward Byrne
Memorial JAG Program and authorized the Board Chairman to sign the
Certificate of Participation, naming Jason E. Brown, Director,
Management & Budget, as the contact person. Accept the total amount of
the grant, which is $81,616, and also provide 25% matching funds, not to
exceed $27,206, for the Substance Abuse Council portion and also for the
Multi-Agency Drug Enforcement Unit grants.
R. Final Payment for Release of Retainage for the Emergency Contract Mid
State Mechanical-HVAC replacement Sheriff’s Administration
(memorandum dated March 16, 2006) 166-171
Approved the Final Payment of the release of retainage (total $98,973.90)
for the Agreement with Mid State Mechanical for the replacement of the
HVAC System at the Indian River County Sheriff’s Administration
Building.
S. For Proposed County Road 512, Phase IV (Four) From Phase III (Three)
Roseland Road to East of I-95 (Topographic Survey) IRC Project No. 0445
Work Order No. 4 (Engineering) Request for Final Payment and Release of
Retainage for Masteller, Moler, Reed & Taylor, Inc.
(memorandum dated March 21, 2006) 172-175
Approved releasing final payment plus retaining in the amount of $5,745.64
to Masteller, Moler, Reed & Taylor, Inc.
7.
CONSENT AGENDA (CONT’D.) PAGE
Page 5 of 13
April 4, 2006
T. Local Agency Program (LAP) Agreement for the Indian River Drive North
Sidewalk from North City Limits of Sebastian to Roseland Road, Indian
River County Project No. 0202
(memorandum dated March 16, 2006) 176-203
Approved LAP Agreement, adopted Resolution # 2006-045 and authorized
the Chairman to execute the same for construction of the Indian River
Drive North Sidewalk listed in the Comprehensive Plan.
U. Sunland Development, Inc.’s Request for Final Plat Approval for a
Subdivision to be Known as Lexington Place – Phase II
(memorandum dated March 23, 2006) 204-225
Approved Final Plat Approval for a Subdivision to be Known as Lexington
Place – Phase II, with recordation of the plat only after the letters of credit
have been received, reviewed, approved, and validated by the County
Attorney’s Office and the contracts executed by the County Administrator.
V. Riverview Cay L.L.C.’s Request for Final Plat Approval for a Subdivision to
be Known as Wingate Subdivision
(memorandum dated March 23, 2006) 226-233
Approved Final Plat Approval for a Subdivision to be Known as Wingate
Subdivision. All requirements of Final Plat Approval have been satisfied.
W. Consideration of Revised Indian River County Local Housing Assistance
Plan for Fiscal Years 2006-07 Though 2008-09
(memorandum dated March 14, 2006) 234-243
Adopted Resolution # 2006-046, approved the new Indian River County
Local Housing Assistance Plan, authorized the Chairman to sign the
certification page of the plan and directed staff to submit two copies of the
new plan to the Florida Housing Finance Corporation for its review and
approval.
X. Board Consideration to Approve Mitigation of Dead Oak Trees in the Jungle
Trail Buffer at Island Club Riverside
(memorandum dated March 28, 2006) 244-261
Approved the developer to do the planting vs. paying the County to plant
the trees with the County overseeing the planting, required that the trees in
the Jungle Trail buffer be larger than 4” dbh and extended the letter of
credit for an additional one year, or until the trees are planted, whichever
comes first.
7.
CONSENT AGENDA (CONT’D.) PAGE
Page 6 of 13
April 4, 2006
Y. Kimley-Horn and Associates, Inc.’s Request for County Approval of a
Revised Conservation Easement for Ocean Sands Development (Disney
Florida Beach Resort Parcel B) Consistent with the Approved Development
Plan
(memorandum dated March 28, 2006) 262-275
Approved revised conservation easement for Ocean Sands Development
PD.
Z. Woodfield P.D., Phase 1 (Phase 1-A), 5 Year Bonding for Required Offsite
Road and Drainage Improvements
(memorandum dated March 20, 2006) 276-288
Approved the Cash Deposit and Escrow Agreement for the 5-year warranty
period for offshore improvements, and authorized the Chairman to execute
the same.
AA. Acceptance of Three New Proposed Items for Additional Work and Change
Order #006 for the New County Administration Building
(memorandum dated March 29, 2006) 289-344
Approved Additional Work and Change Order # 006 (not to exceed
$143,485.00) with 5 additional calendar days of contract time and
authorized the County Administrator to execute the approved Change
Order. Balance in owner’s contingency after change order is $240,527. No
change to the GMP as a result of this action.
BB. Abington Woods Subdivision Final Payment for Developer’s Agreement and
Release of Retainage for Construction of an Off-Site Master Planned Sanitary
Sewer Force Main
(memorandum dated March 27, 2006) 345-349
Approved the Application for Payment No. 2 for retainage, in the amount of
$6,757.16.
CC. Out of County Travel to Attend the Research Coast Outlook Conference
(memorandum dated March 30, 2006) 345-349
Approved travel for Commissioners and staff to attend the Research Coast
th
Outlook Conference being held on April 13 in Port St. Lucie.
8.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE
A. David C. Nolte, ASA – Indian River County Property Appraiser:
Budget Amendment #3 for year ending September 30, 2006
(letter dated March 21, 2006) 350-351
Page 7 of 13
April 4, 2006
Approved as submitted.
B. Roy Raymond – Indian River County Sheriff:
Budget Amendment for Fiscal Year 2005-2006 Operating Budget
(letter dated March 21, 2006) 352
Approved transfer of funds between salaries, operating and capital. Total
amount of existing budget will not increase. Note: No dollar amount
provided.
9.
PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Continuation of Public Hearing Opened March 21, 2006:
Lockwood Lane Development Group, LLC’s Request to Rezone
Approximately 291.11 Acres of Property from PD, Planned
Development Residential (The Colony Golf Course Community), to
PD, Planned Development Residential (Turtle Creek Preserve), and
to Obtain Conceptual and Preliminary PD Plan Approval for Turtle
\[Legislative\]
Creek Preserve
(memorandum dated March 28, 2006) 353-416
Approved and adopted Ordinance 2006-008 with Items 1.i 1.j(1)
1.j(2), and 4.d, removed from staff recommendations on pages
354-356. Item 7 regarding two-story homes to be delegated back
th
to P&Z. Construction traffic to stay off 13 Street SW.
2. Lakewood Terrace Water Service, West Side of 27 th Ave, North of
the St. Lucie Co. Line, Indian River County Project No. UCP-2317,
\[Administrative\]
Resolution III
(memorandum dated March 20, 2006) 417-441
Approved and adopted Resolution # 2006-047.
B. PUBLIC DISCUSSION ITEMS
1. Request to Speak from Glenn W. Legwen Regarding County’s Use
of Selective Code Enforcement
(letter dated March 27, 2006) 442-448
Mr. Legwen requested this item be deferred to the April 11, 2006
agenda under Public Discussion Items.
9.
PUBLIC ITEMS (CONT’D.) PAGE
B. PUBLIC DISCUSSION ITEMS (CONT’D.)
Page 8 of 13
April 4, 2006
2. Request to Speak from Bruce T. Genereaux Regarding Drivers Who
Violate Florida Statutes 316.293 and 316.3045 on Indian River
County Roadways
(letter received March 28, 2006) 449
No Board Action
C. PUBLIC NOTICE ITEMS
1.
Notice of Scheduled Public Hearings April 11, 2006:
450
(memorandum dated March 28, 2006)
a. Consideration of Proposed Land Development Regulations
(LDR) Amendments to Chapters 913 and 914: Posted Sign
\[Legislative\]
Notice for Conventional Development Projects
b. Treviso LLC Rezoning: Request to rezone +/-19.48 acres
thth
located at the northeast intersection of 16 Street and 74
Avenue, from A-1, Agricultural-1 District (up to 1 unit/5
acres), to RM-8 Multi-Family Residential District (up to 8
units/acre). Treviso LLC, Owner. Siemon & Larson, Agent.
\[Quasi-Judicial\]
No Board Action
2.
Notice of Scheduled Public Hearing April 11, 2006:
(memorandum dated March 27, 2006)
An Ordinance of the Board of County Commissioners of Indian
River County, Florida, Extending the Temporary Moratorium on the
Acceptance of Applications for Administrative Permits and the
Issuance of Administrative Permit Approvals for “Small Lot Single-
Family Subdivisions”; Providing for Prohibition; Providing for
Exceptions; Providing for Conflicts; Providing for Severability;
\[Legislative\]
Setting Forth Expiration and Effective Dates. 451
No Board Action
10.
COUNTY ADMINISTRATOR’S MATTERS
A. State Lobbyist
(memorandum dated March 29, 2006) 452-454
Approved Professional Services Agreement with Ronald L. Book in the
amount of $75,000 for the 2006 legislative session as well as any Special
Sessions this year and authorized the Chairman to execute the same.
11.
DEPARTMENTAL MATTERS PAGE
A.
Community Development
None
Page 9 of 13
April 4, 2006
Emergency Services
B.
None
General Services
C.
None
Human Resources
D.
None
Human Services
E.
None
Leisure Services
F.
None
Office of Management and Budget
G.
None
Recreation
H.
None
Public Works
I.
1. Right-of-Way (R-O-W) Acquisition, 13 th Street SW & 20 th Avenue
SW, Winding Creek Subdivision Project, Bell Construction &
Development LLC, owner
(memorandum dated March 20, 2006) 455-465
Approved the $60,270.66 R-O-W purchase and authorized the
Chairman to execute the Agreement To Purchase and Sell Real
Estate.
2. Contract Execution for IRC Bid No. 7057, Raising Elevation of the
Footbridge at Round Island Park
(memorandum dated March 27, 2006) 466-500
Authorized the Chairman to execute the Contract documents. In
accordance with the settlement agreement, Ms. Nicholson will pay
50% of the cost of raising and altering the footbridge and the
County shall pay the remaining 50%.
11.
DEPARTMENTAL MATTERS (CONT’D.) PAGE
Utilities Services
J.
Page 10 of 13
April 4, 2006
1. Utilities Department Operations Center, Approval of Change Order
No. 5 for Extension of Contract – Indian River County Project No.
UCP 2229
(memorandum dated March 8, 2006) 501-503
Approved Change Order No. 5 providing for an additional 80 days
to the contract, and authorizing the Chairman to execute same, as
presented.
2. North County Reverse Osmosis Plant, Camp Dresser McKee
(CDM) Amendment No. 2 to Work Order No. 1 for Additional
Professional Services in Permitting and Bidding Documents
(memorandum dated March 27, 2006) 504-513
Approved Amendment No. 2 to Work Order No. 1 to CDM in the
amount of $19,590 for additional permitting and bidding services
and authorized the Chairman to execute Amendment No. 2 to
Work Order No. 1.
12.
COUNTY ATTORNEY
A. Request for Review by Professional Services Advisory Committee to
Consider Bonding of Final Lift of Asphalt on Development Projects
(memorandum dated March 28, 2006) 514-515
Authorized to have the Professional Services Advisory Committee review
and make a recommendation to the Board of County Commissioners.
13.
COMMISSIONERS ITEMS
Commissioner Arthur R. Neuberger, Chairman
A.
None
Commissioner Gary C. Wheeler, Vice Chairman
B.
1. Straw Ballot – Nonbinding Referendum Request for November
2006 General Election
(memorandum dated March 29, 2006) 516-518
Approved to move forward with a straw ballot – nonbinding
referendum on the November 2006 General Election ballot
worded as follows: Do you favor the adoption of a special act for
Indian River County by the FL Legislature to require voter
approval of any amendment to the Indian River County
Comprehensive Plan which expands the urban service area
boundary? Yes, for the special act No, against the special act.
13.
COMMISSIONERS ITEMS (CONT’D.) PAGE
Commissioner Sandra L. Bowden
C.
Page 11 of 13
April 4, 2006
None
Commissioner Wesley S. Davis
D.
None
Commissioner Thomas S. Lowther
E.
None
14.
SPECIAL DISTRICTS AND BOARDS - 1:43 P.M.
Emergency Services District
A.
None
Solid Waste Disposal District – 1:43 P.M.
B.
1. SWDD Land Acquisition
(memorandum dated March 27, 2006) 519
Approved staff to negotiate a purchase agreement for a parcel of
land 4.07 acres which adjoins the present Fellsmere Convenience
Center.
2. Landfill Site Plan Update
(memorandum dated March 16, 2006) 520-527
Approved Work Order No. 6 authorizing CDM, Inc. to provide
engineering services for updating the site plan of the landfill in
accordance with the provided scope of services for a fee not to
exceed $26,600.
Environmental Control Board – 1:44 P.M.
C.
1. Approval of Minutes Meeting of December 6, 2005
Approved
2. Report of Activities During Fourth Quarter (October – December,
2005)
(memorandum dated March 21, 2006) 528-529
Approved
15.
ADJOURNMENT - 1:45 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.
Page 12 of 13
April 4, 2006
Anyone who needs a special accommodation for this meeting may contact the County’s Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 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.
Page 13 of 13
April 4, 2006