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HomeMy WebLinkAbout06/20/2006 (2) 9:00 A.M. -TUESDAY, AUGUST 10, 2004, 9:00 A.M. -SDAY, AUGUST 10, 2004, 9:00 A.M. -TUESDAY, AUGUST 10, 2004, WWW.IRCGOV.COM Street. Vero Beach, Florida, 32960 th 1840 25 County Administration Building WWW.IRCGOV.COM Street. Vero Beach, Florida, 32960 th 1840 25 Administration Building County WWW.IRCGOV.COM Street. Vero Beach, Florida, 32960 th 1840 25 County Administration Building C O M M I 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 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, JUNE 20, 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 Rev. Andrew Jefferson, Senior Pastor 2. INVOCATION St. Peter’s Missionary Baptist Church Deputy Teddy Floyd Indian River County Sheriff’s Office Commissioner Gary C. Wheeler 3. PLEDGE OF ALLEGIANCE Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS None 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating June 19 – 25, 2006 as Amateur Radio Week 1 Presented to Mark Timblin, President of the Indian River County Amateur Radio Club by Chairman Neuberger Page 1 of 12 June 20, 2006 PAGE 5. PROCLAMATIONS and PRESENTATIONS (CONT’D.) B. Presentation of Proclamation Honoring Deputy Teddy Floyd 2 Presented to Deputy Teddy Floyd, Indian River County Sheriff’s Office, by Chairman Neuberger. 6. APPROVAL OF MINUTES A. Regular Meeting of May 23, 2006 Approved B. City of Vero Beach Joint Workshop of May 31, 2006 Approved 7. CONSENT AGENDA A. Report Placed on File in the Office of Clerk to the Board: St. John’s Water Control District – Emmett Evans Reelected to Board of Supervisors at annual meeting on May 16, 2006 Approved B. Approval of Warrants – Time Period of June 2 to June 8, 2006 (memorandum dated June 8, 2006) 3-10 Approved C. Resignation From the Conservation Lands Advisory Committee (CLAC) (memorandum dated June 20, 2006) 11-12 Accepted the resignation of Katrina Morrell from the CLAC. D. Resignation from the Professional Services Advisory Committee (PSAC) (memorandum dated June 12, 2006) 13-14 Accepted the resignation of Ken Grudens from the PSAC. E. Deeds to School District of Indian River County, Florida (memorandum dated June 12, 2006) 15-25 Authorized the Chairman to execute the deed conveying the two platted lots to the School District. Page 2 of 12 June 20, 2006 7. CONSENT AGENDA (CONT’D.) PAGE F. SDG Kings, Inc.’s Request for Final Plat Approval for a Subdivision to be Known as Oaks of Vero Phase II (memorandum dated June 12, 2006) 26-45 Approved Final Plat approval for Oaks of Vero-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 contract executed by the County Administrator. G. Blue Note L.L.C.’s Request for Final Plat Approval for the Hidden \[Quasi-Judicial\] Hammock Affidavit of Exemption Project (memorandum dated June 9, 2006)46-50 Granted Final Plat approval for the Hidden Hammock Affidavit of Exemption Project. H. Professional Engineering Services Agreement, CR 512 Corridor Improvements – IRC Project No. 9611 Addendum No. 10 (Masteller & Moler, Inc.) (memorandum dated June 12, 2006) 51-62 Approved Addendum No. 10 for a total cost of $18,032.50 with Masteller & Moler, Inc.. I. North County Regional Park, Phase II, IRC Project No. 0399 Request for Final Release of Retainage for Barth Construction, Inc. (memorandum dated June 8, 2006) 63-70 Approved the Final Release of Retainage to Barth Construction, Inc. in the amount of $32,843.96. J. 4 th Street Widening from U.S.1 to West of Old Dixie, Change Order No. l and Final Release of Retainage (memorandum dated June 9, 2006) 71-77 Approved Change Order No. 1 in the deduct amount of ($1,661.52) and Final Release of Retainage in the amount of $148,401.64 to Timothy Rose Contracting, Inc. K. Approval of Bid Award for IRC Bid # 2006076 Vibrating Roller for Road & Bridge – Public Works Department / Road & Bridge Division (memorandum dated June 12, 2006) 78-85 Approved the award of the bid to Pippin Tractor & Equipment, Inc. in the amount of $54,375.03 as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. Authorized the trade proposal of $5,000.0 for the 1991 Bomag Vibratory Roller. Page 3 of 12 June 20, 2006 7. CONSENT AGENDA (CONT’D.) PAGE L. Authority to File Suit for Injunctive Relief against Randy L. and Elizabeth A. Riddle (memorandum dated June 12, 2006) 86 Authorized staff to file suit against Randy and/or Elizabeth Riddle for an injunction to order them to clean up their property and for such other relief as the court may deem appropriate. M. Resolution to Call Letters of Credit and Resolution to Act on Behalf of Indian River County from July 19, 2006, through and including August 21, 2006 (memorandum dated June 12, 2006) 87-92 Approved and adopted Resolution # 2006-088 delegating the authority to the County Administrator, or his designee, the Assistant County Administrator, to call Letters of Credit and Resolution # 2006-089 delegating full authority and emergency declaration power to the County Administrator, the Assistant County Administrator and the Emergency Services Director the authority to execute all other documents necessary for the proper function of the County; and sign any resolution or proclamation of local emergency or state-wide emergency that affects Indian River County, together with any and all emergency orders and other acts required in connection therewith. N. Schulke, Bittle, & Stoddard Inc.’s Request for Final Plat Approval for a Subdivision to be Known as Citrus Springs P.D. – Village G \[Quasi-Judicial\] (memorandum dated June 12, 2006) 93-100 Granted Final Plat Approval for Citrus Springs P.D. – Village G. Agreed for the County Attorney to aggressively look into legal action pursuing the issues of the developer of Villages A, B, and C. O. 43 rd Ave Sub-complex – Security System Elections Office Change Order (memorandum dated June 13, 2006) 101-107 Authorized a Change Order to Purchase Order # 40924-00 in the amount of $12,395 increasing the Purchase Order to $40,865, to Spectrum Technologies Group of North America, Inc. and waived the requirements for bidding for the added work and equipment. P. The Fountains at Amber Lakes Subdivision, Developer: The Fountains at Amber Lakes, LLC (David B. Chase, Managing Member), Request for Authorization for Staff to Call Letter of Credit (memorandum dated June 14, 2006) 108-118 Approved and adopted Resolution # 2006-090 authorizing staff to call the existing Harbor Federal Savings Irrevocable Letter of Credit No. 421 in favor of Indian River County in the amount of $210,028.30. Staff should not call the Letter of Credit if the Certificate of Completion has not been issued by 5:00 p.m. on June 28, 2006. Page 4 of 12 June 20, 2006 7. CONSENT AGENDA (CONT’D.) PAGE Q. Work Order #2, Coastal Technology Corporation Inc., Beach Preservation Plan Update (memorandum dated June 12, 2006) 119-127 Approved Work Order #23 with Coastal Technology Corporation, Inc. in the amount of $205,695.00. R. Work Order #3, Coastal Technology Corporation Inc. Beach Preservation Plan Update (memorandum dated June 12, 2006) 128-140 Approved Work Order # 3 with Coastal Technology Corporation, Inc. in the amount of $779,708.00. S. Proclamation Honoring Reta M. Smith on her Retirement from Indian River County Board of County Commissioners, Board of County Commissioners Office 141-142 Approved 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Kay Clem, Indian River County Supervisor of Elections Budget Amendment for current year budget (memorandum dated June 7, 2006) 143-144 Approved budget amendment in the amount of $53,906.00 for elections held March 2006 in the City of Sebastian, City of Vero Beach and the Town of Fellsmere to be rolled back into the Supervisors of Elections 2005/2006 budget. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. George Sigler’s Request for Abandonment of a Portion of thth Right-of-Way along the West Side of 27 Avenue SW North of 6 \[Legislative\] Street SW (memorandum dated June 12, 2006) 145-153 Approved and adopted Resolution # 2006-091 for the Abandonment of a portion of Right-of-Way along the West Side of thth 27 Avenue SW North of 6 Street SW with a condition that the east 10 feet of right-or-way be retained as a drainage and utility easement. 9. PUBLIC ITEMS (CONT’D.) PAGE Page 5 of 12 June 20, 2006 A. PUBLIC HEARINGS (CONT’D.) 2. Vero First Developers Inc.’s Request to Rezone ± 11.73 Acres from \[Quasi-Judicial\] A-1 to RM-6 (memorandum dated June 9, 2006) 154-175 Approved and adopted Ordinance # 2006-017 rezoning ± 11.73 acres from A-1 to RM-6. 3. Tax Equity Fiscal Responsibility Act (TEFRA) Public Hearing Escambia County Housing Finance Authority Single Family \[Administrative\] Mortgage Revenue Bonds (memorandum dated May 17, 2006) 176-194 Approved and adopted Resolution # 2006-092 and the Interlocal Agreement and authorized the Chairman to sign all documents. 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 Bob Swift Regarding Concurrency Management (fax dated June 14, 2006) 195 No Board Action C. PUBLIC NOTICE ITEMS 1. Notice of Public Hearing July 11, 2006: nd Winter Beach Park Subdivision Petition Water Service 52 Avenue th North of 65 Street, Indian River County Project No. UCP-2633 \[Administrative\] (memorandum dated June 12, 2006) 196 No Board Action 2. Notice of Public Hearing July 11, 2006 : Board Consideration to Approve Purchase of the Judah and Lloyd parcels of the “Archie Smith Fish House” Environmental Land \[Administrative\] Acquisition Project (memorandum dated June 12, 2006) 197 No Board Action 10. COUNTY ADMINISTRATOR’S MATTERSPAGE World Changers and Regatta Construction, LLC “House in One Day A. Charity Project” Landfill Disposal Fees Subsidy (memorandum dated June 14, 2006) 198 Page 6 of 12 June 20, 2006 Approved to waive the applicable landfill disposal fees for the World Changers charitable public works projects July 8 thru July 15 to renovate 15 homes and Regatta Construction, LLC “House in One Day Charity Project” on August 26. Estimated cost for both projects is up to $6,000.00 to be paid from the General Fund contingency. 11. DEPARTMENTAL MATTERS A. Community Development 1. Appeal by Richard Torpy, Esquire, of the Planning and Zoning Commission’s Decision to Deny Preliminary Plat Approval for \[Quasi-Judicial\] Pelican Bay Phase II (memorandum dated June 13, 2006) 199-234 Approved staff recommendation that the Planning and Zoning Commission’s decision to deny the preliminary plant did not fail any of the 4 areas outlined in LDR section 902.07, and denied the appeal and denied the appellant’s request for preliminary plat approval for Pelican Bay Phase II, based on the applicant’s failure to meet applicable C-2 and Con-2 density requirements and failure to minimize impacts to estuarine wetlands. 2. Consideration of the Indian River County Evaluation and Appraisal Report Public Participation Plan (memorandum dated June 13, 2006) 235-268 Approved the Public Participation Plan . Emergency Services B. 1. Request from Sebastian Police Department for a Public Safety Answering Point (PSAP) (memorandum dated June 7, 2006) 269-280 Approved Option 1 – Directed staff to consolidate the County 911 responsibilities at one location. General Services C. 1. Florida Power & Light (FP&L) Care to Share Agreement (memorandum dated June 13, 2006) 281-290 Approved the FP&L Care to Share Agreement and authorized the Chairman to execute the Agreement. 11. DEPARTMENTAL MATTERS (CONT’D.) PAGE Human Resources D. None Page 7 of 12 June 20, 2006 Human Services E. None Leisure Services F. None Office of Management and Budget G. None Recreation H. None Public Works I. 1. Overhead & Underground Utility Choices – Presentation by Florida Power & Light (FP&L) (memorandum dated June 9, 2006) 291 Presentation regarding Overhead & Underground Utility Choices by Nick Blount FP&L Area Manger, Treasure Coast. 2. Property Acquisition, 5285 66 th Avenue – 66 th Avenue Widening and Improvements County Project No. 0417, Eleanor J. Williams Colvin, Owner (memorandum dated June 5, 2006) 292-302 Approved Option 1 - $250,000.00 purchase with the leaseback; and authorized the Chairman to execute the Agreement to Purchase and Sell Real Estate and accompanying Lease (Sellers th are to lease back the property until June 30, 2008 or until the 66 Avenue road-widening project starts, whichever comes sooner, at no charge, to allow them time to relocate.) 3. 66 th Avenue (SR 60 to CR510) Widening Improvements, Staff Recommendations (memorandum dated June 13, 2006) 303-309 Approved staff’s recommendation (Option 1) to widen SR 60 to CR 510 with the alternative right-of-way widths as stated under Recommendations and Options on page 303 of the staff report. 11. DEPARTMENTAL MATTERS (CONT’D.) PAGE Utilities Services J. Page 8 of 12 June 20, 2006 1. South Regional Wastewater Treatment Facility Permit Renewal and Review of Proposed Industrial Pretreatment Program & Ordinance Work Order #13 (memorandum dated June 13, 2006) 310-317 Approved Work Order # 13 with Kimley-Horn, Inc. in the amount of $45,700 to prepare and submit permit renewal package and $25,000 for professional documentation prepared to-date, recommendations, and any meetings which may be necessary. 12. COUNTY ATTORNEY Organizational Meeting of the Value Adjustment Board and Resolution A. Appointing Value Adjustment Board (VAB) Members and Providing for or Rejecting Per Diem Compensation for Value Adjustment Board (memorandum dated June 12, 2006) 318-322 Approved and adopted Resolution # 2006-093 appointing Commissioners Wheeler, Davis and Lowther to the VAB as Members with Commissioners Neuberger and Bowden as Alternates and rejected per diem compensation. Organizational meeting to be held July 19, 2006 @ 9:00 a.m. in Conference Room “A”. Stoney Brook Farms, Request from Developer, Stoneybrook Farms Group, B. L.L.C. (Mark Brackett, Manager) for an Extension to Complete Required Improvements (memorandum dated June 13, 2006) 323-342 Approved staff recommendation for a 2 month extension rather than the one-year extension the Developer requested. Falcon Trace Plats 2 and 4 Request from Developer, Indian River C. Associates II, LLLP, for an Extension to Complete Required Improvements (memorandum dated January June 14, 2006) 343-367 Approved a 60-day extension to Contract for Construction of Required Improvements Nos. SD-03-07-18-CFC/PL2 and SD-03—07-18-CFC/PL4 and authorized the Chairman to execute each Modification so long as the current security in place is extended 90 days beyond the extended date to complete the improvements. 12. COUNTY ATTORNEY (CONT’D.) PAGE Page 9 of 12 June 20, 2006 Falcon Trace Plats 5 and 6 Request from Developer, Indian River D. Associates II, LLLP, for an Extension to Complete Required Improvements (memorandum dated January June 14, 2006) 368-392 Approved the 6-month extension to Contract for Construction of Required Improvements Nos. SD-03-07-18-CFC/PL5 and SD-03-07-18-CFC/PL6 and authorized the Chairman to execute each Modification so long as the security in place by July 12, 2006 (prior to the recordation of the plats) it is extended 90 days beyond the extended date to complete the improvements. 13. COMMISSIONERS ITEMS Commissioner Arthur R. Neuberger, Chairman A. 1. Renewal of Employment Agreement (memorandum dated June 5, 2006) 393-396 Approved renewal of annual contract for Executive Aide with additional benefits. County shall pay for dependent health insurance coverage and monthly vehicle allowance. County agrees to make annual contributions into a County-approved deferred compensation program designated by Aide, throughout the term of employment, equal to the maximum annual contribution allowed by law. Come back next year and study all three County Officers contracts. Commissioner Gary C. Wheeler, Vice Chairman B. None Commissioner Sandra L. Bowden C. 1. Rockridge Homeowner’s Association (no back-up) Approved for County Attorney to draft a resolution requesting the Department of Transportation to clean the canal, clear the drainage ditch of mangroves and oppose the docks planned for Bridgewater. County Administrator to advise the City of Vero Beach of Board’s opposition to docks. 2. Update on Lewis Barton Property (memorandum dated June 14, 2006) 397-398 Consensus for County Administrator to act on the Board’s behalf in the event Mr. Barton does not comply with the demolition permit, which expires on July 14, 2006. 13. COMMISSIONERS ITEMS (CONT’D.) PAGE Page 10 of 12 June 20, 2006 Commissioner Wesley S. Davis D. 1. Resolution of Support of the Constitutional Amendment Defining Marriage (no back-up) Approved County Attorney to prepare a resolution of support for Constitutional Amendment Defining Marriage and send copies to our Representatives. Commissioner Thomas S. Lowther E. None 14. SPECIAL DISTRICTS AND BOARDS Emergency Services District A. None Solid Waste Disposal District - 3:30 P.M. B. 1. Approval of Minutes Meeting of June 6, 2006 Approved 2. Landfill Gas Control System – First Expansion (memorandum dated June 5, 2006) 399-406 Approved Work Authorization authorizing Waste Management Inc. of Florida to undertake the design and construction of the first expansion of the landfill gas control system for a not to exceed budget of $181,335 and authorized the Chairman to execute the agreement. Environmental Control Board C. None 15. ADJOURNMENT – 3:31 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 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 Page 11 of 12 June 20, 2006 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 12 of 12 June 20, 2006