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IMPLEMENTATION
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MAY 1, 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.
Teddy Floyd, Indian River County Sheriffs
Department Crime Prevention Unit
Commissioner Peter D. O'Bryan
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
7.11. City of ,cebastian appointment to County Committees
and Regional Boards for 2007— Tabled to the May 8,
2007 BCC Meeting.
11.A.1. Request from Mr. Keating to defer item until a later
unspecified time.
11.D.1. Tabled until the May 8, 2007 BCC Meeting.
13.A.2. Request from City of Fellsmere for Appointments to the
Treasure Coast Regional Planning Council — Tabled to
the May 8, 2007 BCC Meeting.
May 1, 2007 Page 1 of 15
5. PROCLAMATIONS and PRESENTATIONS PAGE
A. Presentation of Proclamation Designating May 6 — 12, 2007, as National
Nurses Week 1
Presented by Coininissioner O'Bryan.
B. Presentation of Proclamation Designating May 10, 2007, as World Lupus
Day 2
C.
Presented by Coininissioner Davis.
Presentation by Greg Burns, Marlowe & Company, LLC Federal
Lobbyist
Mr. Burns recapped some of the federal funding issues he had been
working on for the County such as: Storinwater Master Plan; Federal
Shore Protection Project; Buses and Bus Facilities; Funding for the
Gifford Health Center; Pelican Island National Wildlife Refuge; and
Local Beach Projects.
6. APPROVAL OF MINUTES
A. Regular Meeting of February 20, 2007
Approved.
B. Regular Meeting of March 6, 2007
Approved.
C. Charter Government Workshop of March 12, 2007
Approved.
7. CONSENT AGENDA
A. Report Placed on File in the Office of the Clerk to the Board: St. Johns
Water Control District Special District Public Facilities Report Annual
Update
Approved.
B. Approval of Warrants — April 6, 2007 — April 12, 2007
(memorandum dated April 12, 2007) 3-10
Approved.
May 1, 2007 Page 2 of 15
7. CONSENT AGENDA (CONT'D.)
C. Approval of Warrants — April 13, 2007 — April 19, 2007
(memorandum dated April 19, 2007)
PAGE
11-19
Approved.
D. 2007 Election of Historic Resources Advisory Committee (HRAC)
Chairman and Vice Chairman
(memorandum dated April 23, 2007)
20
Approved the re-election of Chris Crawford as Chairman and Anna Brady
as Vice Chairman of the Historic Resources Advisory Committee for 2007.
E. 2007 Election of Metropolitan Planning Organization (MPO) Vice Chairman
(memorandum dated April 17, 2007) 21
Approved the election of Susan Adains as Vice Chairman of the
Metropolitan Planning Organization for 2007 to replace Brian Burkeen.
F. Resignation of District 4 Appointee to Board of Zoning Adjustments
(memorandum dated April 16, 2007) 22-23
Approved the resignation of Ralph J. Lindsey, District 4 Appointee to the
Board of Zoning Adjustments.
G. Town of Orchid Appointments to County Committees for 2007
(memorandum dated April 25, 2007) 24-26
H.
Approved the Town of Orchid committee appointments for 2007 as
presented.
City of Sebastian Appointments to County Committees and Regional Boards
for 2007
(memorandum dated April 25, 2007)
27-30
Tabled until the May 8, 2007 BCC meeting.
Agreement for the Contribution of Funds from By the River, Inc. for
Roseland Road Left -Turn Lane
(memorandum dated April 23, 2007)
31-32
Approved the Agreement for the Contribution of Funds for Roseland Road
left -turn lane and authorized the Chairman to execute same.
May 1, 2007 Page 3 of 15
J. Oslo Road Widening Phase I from West of Old Dixie Highway tO 27th
Avenue, Engineering Services Amendment No. 9 — Pond Siting
(memorandum dated April 9, 2007)
K.
L.
M.
33-39
Approved Amendment No. 9 for engineering services to assess alternate
poind sitings with Kimley-Horn for the lump sum of $9,780. and an hourly
rate component of $7,500. for a total contract amendment of $17,280.
Work Order No. ME -1, Morgan & Eklund, Inc., Professional Surveyor
Consultants for Boundary and Topographic Survey to Florida Department of
Environmental Protection (FDEP) Coastal Construction Control Line
(CCCL) Survey Specifications at Wabasso Beach Park
(memorandum dated April 19, 2007)
40-45
Approved Work Order ME -1, in the total amount of $3,490. and
authorized the Chairman to execute saine.
Indian River County Bid # 2007041, 84th Avenue Roadway Improvements,
Public Works Department
(memorandum dated April 13, 2007)
46-49
Approved staff's recommendation to reject all bids due to the cost
exceeding the Engineer's estimated budget.
74th Avenue Force Main Loop Connection South of SR60, Approval of Final
Payment to Schulke, Bittle & Stoddard, L.L.C. for Engineering Services,
W.I.P. No. 472-169000-06512, UCP No. 2598
(memorandum dated April 12, 2007)
50-52
Approved Invoice No. 05-126-15 Final Invoice as final payment to the
Consulting Engineer, Schulke, Bittle & Stoddard, L.L.C., in the amount of
$143.28.
N. Workers' Compensation Settlement
(memorandum dated April 24, 2007) 53
Approved the mediated Workers' Compensation Settlement for Paul
Endres, a former Utility Services employee, in the amount of $230, 750.
plus the $10,000 fee and approximately $15,000. in outstanding bills. The
excess carrier will reimburse the County for all payments above the
$250, 000 retention level.
0. Right -of -Way Acquisition, Joyce A. McGregor Trust, (Treasure Coast
Montessori), 6320 8th Street Parcel I.D.# 33-39-08-00001-0140-00003.0
(memorandum dated April 23, 2007)
54-62
Approved Alternative No. 1 with a purchase price of $10,850. and
authorized the Chairman to execute saine.
May 1, 2007 Page 4 of 15
P.
Q.
Partial Release of Retainage, Coastal Technology Corporation Inc., Beach
Preservation Plan Update
(memorandum dated April 13, 2007)
63-65
Approved the partial release of retainage in the amount of $19,296.33
under Work Order #2 to the contract with Coastal Technology
Corporation, Inc.
Approval of Bid Award and Sample Agreement for IRC Bid # 2007048, 65th
Street Force Main from Lateral G Canal to Old Dixie Highway, Utilities
Department
(memorandum dated April 23, 2007)
66-85
Approved the award of Bid #2007048 to S.P.S. Contracting, Inc. in the
amount of $174,888.
R. Approval of Bid Award for IRC Bid # 2007049 Crew Cab Multi -Power
Truck, Utilities Department
(memorandum dated April 23, 2007)
S.
86-95
Approved the award of Bid #2007049 to Rechtien International Trucks,
Inc. as sole bidder in the amount of $157,992. with the reduced tool
package.
Acceptance Change Order No. 28, for the New County Administration
Buildings
(memorandum dated April 25, 2007)
96-110
Approved the County Administrator executing Change Order No. 28
totaling $63,827. and a cancellation of one previous Owner Purchase
Order for $35,175. resulting in a net reduction to the GMP of $28,652.
May 1, 2007 Page 5 of 15
7. CONSENT AGENDA (CONT'D.) PAGE
T. Operating Lease Renewal on Modular Building Formerly Occupied by the
Supervisor of Elections 111
Approved the month-to-month renewal of the lease in anticipation of
either purchasing the modular building or removing the structure.
U. Declare Excess Equipment Surplus for Sale or Disposal
(memorandum dated April 20, 2007) 112-125
Declared the items on the Excess Equipment List as surplus and
authorized its sale and/or proper disposal and granted the authority to
have the surplus equipment delivered to the Indian River County
Fairgrounds where it will be sold at public auction on May 19, 2007.
V. Continuing Contracts for Professional Services 2007 -UCP -2947
(memorandum dated March 26, 2007) 126-204
Approved continuing contracts with five engineering companies; Carollo
Engineers; Carter Associates; Malcom Pirnie; Hazen and Sawyer; and
Stanley Consultants for a three year period renewable for an additional
three years and to authorize the Chairman to execute same.
W. Approval of Bid Award and Sample Agreement for IRC Bid # 2007038,
West Regional Wastewater Treatment Plant Expansion, Utilities Department
(memorandum dated April 24, 2007)
205-215
Approved the award of Bid #2007038 to Wharton -Smith, Inc. in the
amount of $22,172,000. and authorized the Chairman to execute same.
X. PACE Project Demolition of Structures
(memorandum dated April 24, 2007) 216
Authorized $6,000. to he donated to the PACE project to cover the landfill
fees associated with the demolition of structures.
Y. Woodside Trillium, L.L.C.'s Request for Final Plat Approval for a
Subdivision to be Known as Trillium West
(memorandum dated March 13, 2007)
217-236
Approved the final plat approval for Trillium West Subdivision.
Z. Request Permission to Advertise for Public Hearing — Florida Power & Light
Franchise Agreement
(memorandum dated April 25, 2007)
237
Approved advertising a public hearing on June 5, 2007 to consider the
adoption of an ordinance containing a new franchise agreement with
Florida Power & Light
May 1, 2007 Page 6 of 15
8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Indian River County's Request for Special Exception Use Approval
for a Limited Public Utilities Use to be Known as Rockridge
Pumping Facility "Residence".
(memorandum dated April 18, 2007)
238-252
Quasi -Judicial
Approved the Special Exception Use request for a limited public
utilities use to he known as Rockridge Pumping Facility
"Residence" with the conditions presented by staff
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 Mayor Tom Cadden, Town of Indian River
Shores, Regarding Charter Government
253
This item was moved up in the agenda to follow the Approval of
Minutes, Items 6.A, 6.11, and 6.0 Mayor Gulden requested the
Board stop the Charter Government process and favored working
together to participate in an Interlocal Agreement.
No Board Action Taken.
9. PUBLIC ITEMS (CONT'D.)
PAGE
B. PUBLIC DISCUSSION ITEMS (CONT'D.)
2. Request to Speak from Henry Rodrigues Regarding Being Harassed
by Code Enforcement but Neighbors Not Cited 254
Not available to speak.
3. Request to Speak from Joseph Paladin, Chairman, Growth
Awareness Committee, Regarding Commercial Impact Fees 255
Mr. Paladin tabled this item and was asked to bring it hack under
Presentations at the May 15, 2007 BCC meeting at which time he
could give a PowerPoint presentation.
May 1, 2007 Page 7 of 15
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearings for May 8, 2007:
(memorandum dated April 20, 2007) 256-257
A. County Initiated: Request to amend the Comprehensive Plan
by revising Future Land Use Element Polices 1.2 and 1.14;
and by creating new Future Land Use Element Policies 1.14.1
and 1.14.2 for establishing the MHRP, Mobile Home Rental
Park (up to 8 units/acre), land use designation
Legislative
No Board Action.
B. County Initiated: Request to change the land use designation
from M-1, Medium Density Residential -1 (up to 8 units/acre);
L-2, Low Density Residential -2 (up to 6 units/acre); and C/I,
Commercial Industrial, to MHRP, Mobile Home Rental Park
(up to 8 units/acre), for ±806.23 acres of mobile home rental
parks that are on parcels 10 acres in size or greater and are
located within the unincorporated portions of the County.
Parks are under multiple ownerships
Legislative
No Board Action.
C. County Initiated: Request to amend the Comprehensive
Plan's Future Land Use Element by eliminating Policies 1.34
and 1.35 for New Towns
Legislative
No Board Action.
D. County Initiated: Request to create a Public School Facilities
Element and amend portions of the Intergovernmental
Coordination Element and the Capital Improvements Element
of the Comprehensive Plan as related to Public School
Facilities Element
Legislative
No Board Action.
E. County Initiated: Request to amend the Comprehensive
Plan's Transportation Element
Legislative
No Board Action.
10. COUNTY ADMINISTRATOR MATTERS PAGE
May 1, 2007 Page 8 of 15
A. Marine Resources Council Grant Application
(memorandum dated April 24, 2007) 258-260
Approved adoption of Resolution #2007-040 in support of the Marine
Resources Council Grant Application.
B. Joint Workshop with the City of Fellsmere
(memorandum dated April 24, 2007) 261
Workshop scheduled for Wednesday, May 23, 2007 at 7:00 p.m. to he held
in the City of Fellsmere Council Chambers.
11. DEPARTMENTAL MATTERS
A. Community Development
1. Request for Authorization to Enter into a State Funded Subgrant
Agreement for Development of a Model Database Tracking System
for School Concurrency Implementation
(memorandum dated April 23, 2007)
B.
C.
D.
E.
F.
G.
262-286
Mr. Keating requested this item he deferred to an unspecified
future meeting.
Emergency Services
None
General Services
None
Human Resources
1. BOCC — Organizational Structure
(memorandum dated April 25, 2007) 287-299
This item was deferred to the May 8, 2007 BCC meeting.
Human Services
None
Leisure Services
None
Office of Management and Budget
None
May 1, 2007 Page 9 of 15
H. Recreation
None
May 1, 2007 Page 10 of 15
11.
DEPARTMENTAL MATTERS (CONT'D.)
1.
Public Works
1. CR 512, Phase III, CR 510 — Project #9611 & 0001, Bid Number
2006065, Change Order No. 8
(memorandum dated April 23, 2007)
PAGE
300-319
Approved Change Order #8 increasing the contract amount by
$25,522.10. $3,617.60 will be reimbursed by the City of ,cebastian
for modifications to the Blossom Ditch Diversion.
2. Property Acquisition, 6580/6860 85th Street, CR510 Widening and
Improvements County Project No. 0610 Chester & Lynn Wilcox,
Owner
(memorandum dated April 16, 2007)
320-328
Approved Option #1 which provides $117,000. for purchase of
right-of-way from Chester & Lynn Wilcox for the widening of CR
510.
3. Land Purchase for Barber Street Right -of -Way, Sebastian
Highlands Lot — Maronda Homes, Inc., Seller
(memorandum dated April 17, 2007)
329-336
Approved the purchase of right-of-way in the amount of $75,500.
and authorized the Chairman to execute the contract.
4. Developer's Agreement Between Indian River County, Florida, and
Tabernacle Baptist Church of Vero Beach, Inc.
(memorandum dated April 13, 2007)
337-343
Approved the $103,000. purchase plus $1,750 appraisal fee with
the authorization for the Chairman to execute an Agreement for
the purchase of a 35,080.9 square foot parcel to be used as a
stormwater treatment pond.
5. Change Order #3 for 41st Street Improvements and Intersection
Improvements 43rd Avenue and Kings Highway, Indian River
County Project 0016 & 0236, Bid # 7074
(memorandum dated April 24, 2007)
344-367
Approved Change Order #3 increasing the contract by
$182,261.61 and extending the contract time by 131 days for street
and intersection improvements.
May 1, 2007 Page 1 1 of 15
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 April 13, 2007)
368-381
Approved Resolution #2007-041 which approved the preliminary
assessment roll and established a public hearing for May 22,
2007, by Resolution #2007-042.
2. Work Order No. 4 with Schulke, Bittle & Stoddard, LLC for Design
of Master Plan Water Main, Vero Lake Estates, UCP — 2958
(memorandum dated April 18, 2007)
382-399
Approved Work Order No. 4 with Schulke, Bittle & Stoddard in
the amount of $154,300. for services including surveying,
geotechnical exploration, engineering design, hydraulic
analysis/modeling, preparing construction plans, permitting,
bidding and construction services.
3. Construction of the Rockridge Sewer System — UCP#2521
(memorandum dated April 10, 2007) 400-415
Approved award of Bid #2007040 to Giannetti Contracting of
Florida, in the amount of $5,782,621. with partial funding
through a State Community Development Block Grant of
$1,619,500; $2,100,000 for flood control transferred to the Sewer
Project; and an additional $3,000,000 is pending through a
FEMA Disaster Recovery Grant.
May 1, 2007 Page 12 of 15
12. COUNTY ATTORNEY MATTERS PAGE
A. Fellsmere Resolution 07-H Initiating Resolution under Chapter 171, Part II,
Florida Statutes, known as "The Interlocal Service Boundary Agreement
Act"
(memorandum dated April 24, 2007) 416-422
Directed staff to draft a responding resolution to include expanded land
use issues to include all unincorporated areas of the County and the 18
acres under current annexation negotiations.
B. Presentation of Draft Charter Ordinance by C. Allen Watts, Esq. and
Request for Board Direction on Draft Charter Ordinance to Consultants and
Staff
(memorandum dated April 23, 2007)
423-449
Presentation of Drafi Charter Ordinance by C. Allen Watts, Esq.
C. Authorization for Additional Funding for C. Allen Watts, Esq.
(memorandum dated April 25, 2007) 450
Approved an additional $10,000 to be made payable to C. Allen Watts,
Esq. to complete the Charter Government document with changes made
by the BCC.
13. COMMISSIONERS ITEMS
A.
B.
C.
Commissioner Gary C. Wheeler, Chairman
1. Setting of May 15, 2007 as the First Public Hearing for Charter
Government
(no back-up)
Denied with a vote of (4-1), Chairman Wheeler in opposition. The
Board voted to kill the Charter Government proposal and to move
forward with developing an Interlocal Agreement
2. Request from the City of Fellsmere for Appointments to the
Treasure Coast Regional Planning Council
(letter dated April 23, 2007)
451
Tabled until the May 8, 2007 BCC meeting.
Commissioner Sandra L. Bowden, Vice Chairman
None
Commissioner Wesley S. Davis
None
May 1, 2007 Page 13 of 15
D.
E.
Commissioner Joseph E. Flescher
1. Options for Growth Management
(no back-up)
Voted (3-2) GW & SB opposed, to have Mr. Baird direct staff
review Mr. Paladin's proposal.
Commissioner Peter D. O'Bryan
None
May 1, 2007 Page 14 of 15
14. SPECIAL DISTRICTS AND BOARDS PAGE
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
None
15. ADJOURNMENT — 6:06 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.
May 1, 2007
Page 15 of 15