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Home My WebLink About07/21/20091 11 COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, JULY 21, 2009 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 180127 th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Wesley S. Davis, Chairman District 1 Joseph E. Flescher, Vice Chairman District 2 Gary C. Wheeler District 3 Peter D. O'Bryan District 4 Bob Solari District 5 Joseph A. Baird, County Administrator William G. Collins II, County Attorney Jeffrey K. Barton, Clerk to the Board 1. CALL TO ORDER 9:00 A.M. 2. INVOCATION Pastor Emory Polley, Central Assembly Church of God 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS PAGE A. Presentation of Proclamation Designating August 9, 2009 as Smokey Bear Day 1 B. Presentation of Proclamation Commending Teamsters Local 769 Members Support of the Current Economic Condition 2 July 21, 2009 Page 1 of 8 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Public Announcement for Sebastian Electronics Recycling Event on August 1, 2009 by Himanshu Mehta, Managing Director, Solid Waste Disposal District 34 6. APPROVAL OF MINUTES A. Regular Meeting of June 23, 2009 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. City of Sebastian Ordinance 0-09-09 — Annexation of 3 acres west of U.S.1 between Shady Rest Mobile Home Park and the St. Sebastian Catholic Church; Ordinance 0-09-10 — Land Use; and Ordinance 0-09-11 — Zoning; on file in the Office of the Clerk to the Board B. Resignation of Business in Enterprise Zone Appointee to the Enterprise Zone Development Agency (memorandum dated July 14 2009) 5-6 C. Resignation of Member at Large Appointee to the Enterprise Zone Development Agency (memorandum dated July 14 2009) 7-9 8. CONSENT AGENDA A. Approval of Warrants and Wires, July 3, 2009 thru July 9, 2009 (memorandum dated July 9, 2009) 10716 B. Appointment of Member -at -Large Appointee to the Environmental Control Hearing Board -(memorandum-dated July 13,_2009)____________________________________________________________ 17-23 C. List of Errors, Insolvencies, Double Assessments and Discounts for the 2008 Tax Roll -(memorandum-dated July 14,_2009)_____________________________________________________________ 24-55 D. Dori Slosberg Driver Education Safety Act, Indian River County Traffic Education Program Trust Fund -(memorandum-dated July 15,_2009)____________________________________________________________ 56757 E. Property Acquisition — Tax Roll Removal & Tax Cancellation Properties, Acquired by Indian River County between May 22, 2009 and July 6, 2009 -(memorandum-dated July 8, 2009)_____________________________________________________________ 58790 July 21, 2009 Page 2 of 8 8. CONSENT AGENDA PAGE F. Temporary Drainage Easement for 20th Avenue Southwest, Falcon Trace, Phase III (memorandum dated July 14 2009) 91-105 G. Permission to proceed with legal action against Whispering Palms Mobile Home Park for unpaid utility charges -(memorandum-dated July 14,_2009)---------------------------------------------------------------- 106 H. Rescission of offer on Parcel 135 on 66th Avenue _(memorandum_dated July 14,_2009)---------------------------------------------------------------- 107_ L Resolutions to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 22, 2009, through and including August 17, 2009, and August 19, 2009, through and including September 7, 2009 -(memorandum-dated July 10,_2009)_________________________________________________________ 108-112 J. Amendment No. 1 to Professional Civil Engineering Services Agreement with Schulke, Bittle & Stoddard, LLC — The Enclave __(memorandum_dated July 6,2009) ----------------------------------------------------------113-117 K. Final Pay Ardaman & Associates, Inc., Amendment No. 1 to Work Order No. 6 (Engineering), 12th Street Sidewalk Project, From 43rd Avenue to 27th Avenue, IRC Project 40604 __(memorandum_dated July 9,2009) ----------------------------------------------------------118-119 L. Amendment No. 1 to Work Order No. 2 (Engineering) with Ardaman & Associates, Inc., 53rd Street Bridge over Lateral H Canal — IRC Project No. 0107 (memorandum dated July 9, 2009) 120-123 M. Request for Board Approval of a Two-year Extension to an Escrow Agreement with Shadowbrook Estates, Inc. for Remediation of Ground Contamination on the Shadowbrook Parcel of the South Prong Preserve LAAC Site (memorandum dated July 13 2009) 124-141 N. Amendment No. 10 to the Professional Services Agreement with Carter Associates, Inc. IRC Project No. 9810, 66th Avenue Paving Improvements (4th Street to SR 60) -(memorandum-dated July 8,2009) ----------------------------------------------------------142-149 O. Change Order No. 3, CR 512, Phase IV, IRC Project No. 961113, H & J Contracting, Inc. __(memorandum_dated July 7,2009) ----------------------------------------------------------150-175 July 21, 2009 Page 3 of 8 8. CONSENT AGENDA PAGE P. Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for American Ambulance Services Inc. to Provide Inter -facility Ambulance Transportation Services -(memorandum-dated July 14,_2009)_________________________________________________________ 176-185 Q. Miscellaneous Budget Amendment 018 -(memorandum-dated July 15,_2009)_________________________________________________________ 186-188 R. Triple C & T Investments, Inc., Developer's Agreement for Paving 471h Street East of U.S. 1 -(memorandum-dated July 13,_2009)_________________________________________________________ 189-193 S. Amendment and Extension of Hurricane Debris Removal Contracts for Omni Pinnacle, LLC and Ceres Environmental Services, Inc. -(memorandum-dated July 14,_2009)_________________________________________________________ 194-203 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Carole Jean Jordan, Indian River County Tax Collector Tax Collector Status Report (no back-up) 10. 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 Philip Weiler Regarding Route 60 Expertech Liquidated Damages 204 2. Request to Speak from Fred Mensing Regarding Beach Sand Project Phase 3 and Rail Passenger Service 205-206 3. Request to Speak from Spencer Simmons, Meadows Country Square Home Owners Association President 207 4. Request to Speak from J. Wayne Schasane, President, IAFF Local 2001 Regarding IAFF Contract 208-209 July 21, 2009 Page 4 of 8 10. PUBLIC ITEMS C. PUBLIC NOTICE ITEMS None it. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A• Community Development None B. Ememency Services None C. General Services None D. Human Resources None E. Human Services None F. Leisure Services None G. Office of Management and Budget PAGE 1. Resolution Authorizing $30,000,000 Water and Sewer Revenue Refunding Bonds Series 2009 _(memorandum dated July 1422009) ----------------------------------------------- 210-229 H. Recreation None I, Public Works None July 21, 2009 Page 5 of 8 12. 13. 14. DEPARTMENTAL MATTERS PAGE J. Utilities Services 1. Consulting Engineering Services Work Order No. 11 with Schulke, Bittle & Stoddard, L.L.C. for a Master Plan 16" Water Main Loop Extension on 161h Street From 581h Avenue to 74th Avenue and the Installation of a 16" Tee and Valve on 16d' Street _(memorandum dated July 1322009) ----------------------------------------------- 230-239 2. Request Permission to Advertise for Public Hearing on August 18, 2009, to Amend Permissions to Ordinance Code Chapter 201 Water and Sewer (memorandum dated July 13, 2009) 240 3. US at 73rd Street 16" Water Main Aerial Crossing of FDOT Ditch Replacement with Directional Drill Water Main, Approval of Work Authorization Directive No. 2009-002 by Sheltra & Sons Construction Co., Inc., UCP No. 4032 (memorandum dated July 8, 2009) 241-244 4. Work Order No. 11 with CDM for a Reuse Rate Study (memorandum dated June -30,2009) ---------------------------------------------- 245-254 5. Work Order No. 14 with CDM — Engineering Construction Services during Reimbursement of Well No. 5 and Work Directive with AMPS to Refurbish Well No. 5 at the South County R.O. Facility (memorandum dated July 14, 2009) 255-264 6. SR 60 Utility Conflict Resolutions with FDOT Drainage, Pavement and Traffic Signal Improvements From 8300 SR 60 to Indian Creek Blvd., Final Pay to SPS Contracting, Inc. and Reimbursement to Ranger Construction Industries, Inc. for Delay Charges, UCP 43026 (memorandum dated June -42-2-009) 265-271 COUNTY ATTORNEY MATTERS A. DiVosta Homes L.P. and DiVosta Homes Holdings, L.L.C. vs. Indian river County, Case No. 20070109CA19 — Settlement Proposal _(memorandum_dated July 152 2009)--------------------------------------------------------- 272-277_ COMMISSIONERS ITEMS A. Commissioner Wesley S. Davis, Chairman 1. Consideration of Submitted Applications for the Board of County Commissioner's Appointee on the Tourist Development Council (TDC) (memorandum dated July 14, 2009) 278 July 21, 2009 Page 6 of 8 14. COMMISSIONERS ITEMS PAGE B. Commissioner Joseph E. Flescher, Vice Chairman None C. Commissioner Gary C. Wheeler None D. Commissioner Peter D. O'Bryan None E. Commissioner Bob Solari None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Approval of Minutes Meeting of May 12, 2009 2. Approval of Minutes Meeting of June 2, 2009 3. Approval to Purchase (1) International Type I Medium Duty Ambulance from ETC (memorandum dated July 13, 2009) 279-299 B. Solid Waste Disposal District None C. Environmental Control Board None 16. ADJOURNMENT 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 4 772-770-5215) 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 July 21, 2009 Page 7 of 8 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: Tuesday at 6: 00 p.m. until Wednesday at 6:00 a.m., 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. July 21, 2009 Page 8 of 8