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HomeMy WebLinkAbout09/12/2006 (7) 9:00 A.M. -10, 2004, TUESDAY, AUGUST 9:00 A.M. -TUESDAY, 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 orida, 32960Street. Vero Beach, Fl th 1840 25 County Administration Building 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, SEPTEMBER 12, 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 Reverend Ray Huddle 2. INVOCATION Church of Redeemer Lutheran Church Commissioner Arthur R. Neuberger, Chairman 3. PLEDGE OF ALLEGIANCE 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Correction – Item 9.A.1 Approved 5. PROCLAMATIONS and PRESENTATIONS None 6. APPROVAL OF MINUTES None Page 1 of 11 September 12, 2006 9:00 a.m. 7. CONSENT AGENDA PAGE A. Approval of Warrants – August 25-31, 2006 (memorandum dated August 31, 2006) 1-6 Approved B. Resignation and Appointment to the Planning and Zoning Commission (P&Z) (memorandum dated September 5, 2006) 7-11 Approved the resignation of Bob Bruce and appointment of Richard Cahoy as the District 2 Appointee to the P&Z. C. Appointment to the Agriculture Advisory Committee (memorandum dated September 6, 2006) 12-18 Approved the appointment of Dr. Dan Chellemi as the Irrigation Appointee to the Agriculture Advisory Committee. D. Out of County Travel to Attend the Florida Association of Counties 2006- 2007 Legislative Policy Committee Meetings – September 27-29, 2006 (memorandum dated September 1, 2006) 19-21 Approved Out of County Travel to Attend the Florida Association of Counties 2006-2007 Legislative Policy Committee Meetings – September 27-29, 2006 at the Sheraton Sand Key in Pinellas County. E. Enterprise Geographic Information System (GIS) Purchase of Software – Supplemental Work Order #2 (memorandum dated August 25, 2006) 22-28 Approved Supplemental Work Order # 2 and authorized the County Administrator to execute the same. F. Sam Messina 23 L.L.C.’s Request for Final Plat Approval for a Subdivision to be Known as The Enclave (memorandum dated September 5, 2006) 29-47 Granted Final Plat Approval for The Enclave Subdivision with recordation of the Mylar only after the letters of credit have been received, reviewed, and validated by the County Attorney’s office and the contracts have been executed by the County Administrator. G. Robert & Denise Webster’s Request for Partial Release of an Easement at th 5240 95 Street (Lot 5, The River Boat Club Subdivision) (memorandum dated September 6, 2006) 48-53 Approved and adopted Resolution # 2006-120 to release the two and one- half portion of the five foot side yard drain pipe easement and authorized the Chairman to sign the same. Page 2 of 11 September 12, 2006 9:00 a.m. 7. CONSENT AGENDA (CONT’D.) PAGE H. GH Vero Development LLC Request for Partial Release of an Easement at 2218 Falls Circle (Lot 21, The Falls at Grand Harbor Plat 29) (memorandum dated September 6, 2006) 54-59 Approved and adopted Resolution # 2006-121 to release the three foot portion of the drainage and utility easement and authorized the Chairman to sign the same. I. IRC Jail Expansion Project Change Order #4 – Video Visitation System (memorandum dated September 5, 2006) 60-74 Approved AIA Change Order #4, establishing the video Visitation Guaranteed Maximum Price of $792,841.00 of the IRC Jail expansion, authorized the Chairman to execute the documents, authorized the procedures outlined in the staff report for managing the progress payments for Change Order # 4 and approved that Payment and Performance Bonds be required at 100% of the cost of construction (this cost is included in the GMP). J. Acceptance of Change Order No. 16 for the New County Administration Buildings (memorandum dated September 6, 2006) 75-78 Approved the expense of $36,946 from the Owner’s Contingency leaving a balance of $349,771 to increase the height of four turrets on Building 1 and one turret on Building 2. GMP remains unchanged at $27,379,922. K. Miscellaneous Budget Amendment 023 (memorandum dated September 5, 2006) 79-88 Approved and adopted Resolution # 2006-122. L. Oslo Road/Lateral “J” Canal Bridge Replacement Change Order No 4 – 60” RCP Realignment and Final Roadway (memorandum dated August 22, 2006) 89-92 Approved Change Order No. 4 with Lucas Marine Construction, Inc. in the amount of $13,746.29. Page 3 of 11 September 12, 2006 9:00 a.m. 7. CONSENT AGENDA (CONT’D.) PAGE M. Approval of Bid Award for IRC Bid # 2007003 (Annual Bid for Corrugated Steel and Aluminum Pipe) Public Works Department/Road & Bridge Division (memorandum dated September 5, 2006) 93-101 Approved the award of the bid to Contexh Construction Products, Inc. as the lowest most responsive bidder meeting the specifications as set forth in the Invitation to Bid; authorized the Purchasing Department to issue blanket purchase orders or individual job purchase orders, as needed, for the period October 1, 2006 through September 30, 2007; authorized the Purchasing Manager to renew this bid for two (2) additional one-year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of Indian River County. N. Progress Report – New County Administration Buildings and New Emergency Operations Center (EOC) (memorandum dated September 6, 2006) 102-105 Accepted the Progress Report for the New County Administration Buildings and New EOC). O. Approval of Resolution Re-authorizing Imposition of 911 Fee (memorandum dated August 30, 2006) 106-110 Approved and adopted Resolution # 2006-123 re-authorizing and imposing the 911 surcharge with a $.50 fee for FY 2006/2007. P. Approval of State and Federally Funded Subgrant Agreement Contract Number 07BG-04-10-40-01 (memorandum dated August 31, 2006) 111-151 Approved the 2006/2007 Emergency Management, Preparedness and Assistance Trust Fund Base Grant Agreement (EMPA) portion of the State Funded Subgrant Agreement with fund allocation as follows: Continue funding of the salaries and benefits of the existing Emergency Management Planner position and the expenditures of the remaining funds to be determined at a later date (EOC project) and authorized Director of Emergency Services, John King, as the contract manager for this agreement. Q. Board Consideration to Approve a Cost-Share Grant Agreement with the State Division of Historic Resources to Update a 1992 Indian River Countywide Archaeological Survey (memorandum dated September 5, 2006) 152-166 Approved the Grant Award Agreement and authorized the County Administrator to sign the agreement and other related grant documents on behalf of the County. Page 4 of 11 September 12, 2006 9:00 a.m. 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Thomas Wilmoth’s Request for Abandonment of the Portion of 14 th nd \[Legislative\] Street SW East of 32 Avenue SW (memorandum dated September 5, 2006) 167-175 Approved and adopted Resolution # 2006-124 for the thnd Abandonment of the Portion of 14 Street SW East of 32 Avenue SW and authorized the Chairman to execute the resolution with the following condition: That the middle 20 feet, th with 10 feet lying on each side of 14 Street SW centerline, be retained as a drainage and utility easement. 2. Continued Public Hearing from Meeting of August 22, 2006: Value Concepts, Inc.’s Request for Special Exception Use Approval \[Quasi-Judicial\] to Construct a Wireless Communications Tower (memorandum dated September 6, 2006) 176-200 Denied approval for Special Exception Use from Value Concepts, Inc. to construct a wireless communications tower. (3-2 - GW/AN opposed) Break from 10:37 a.m. to 10:47 a.m. 3. Heon Young Kim’s Request for Small Scale Comprehensive Plan Future Land Use Map Amendment Approval to Redesignate ± .52 Acres From L-2 to C/I; and to Rezone those ± .52 Acres from RS-6 \[Legislative\] to CG (memorandum dated August 15, 2006) 201-236 Approved and adopted Ordinance # 2006-026 to change the site’s land use designation from L-2 to C/I and Ordinance # 2006-027 to rezone the subject property from RS-6 to CG. Page 5 of 11 September 12, 2006 9:00 a.m. 9. PUBLIC ITEMS (CONT’D.) PAGE 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 Brian M. Seymour, GunsterYaokley, Regarding Sebastian River 160 Park, LLC, Mt Vero Holdings LLC and Bent Pine LLC – Settlement (fax dated September 5, 2006) 237 No Board Action – Break taken to give County Attorney time to research criteria for holding an Attorney-Client session at the September 19, 2006 BCC meeting. See Item # 12 Break from 11:38 a.m. to 11:50 a.m. 2. Traffic Impact Consultant – Final Report (memorandum dated September 5, 2006) 238-244 Approved as follows and authorized staff to initiate amendments to the applicable land development regulations. # 4 – Count the non-vested trips in aggregate of the approved subdivisions in Indian River County (IRC) for planning purposes, but only count vesting for concurrency. # 5 – Maintain IRC current practice of P.M. trips only, with the exception of special concerns, for peak hour analysis. # 8 and # 9 – 10 peak hour trips for 2 lanes and 15 peak hour trips for 4+ lanes for link assignment. #18 and # 20 –Traffic count maximum age and use of available counts, once seasonally adjusted, to be at a one year prior to methodology. # 21 – Turn lanes – Maintain IRC current practice, but give staff latitude to use some discretion on a case by case basis. Break from 1:42 p.m. to 1:50 p.m. C. PUBLIC NOTICE ITEMS 1. Notice of September 19, 2006 Public Hearing Ordinance Amending the Definition of Allowable Water Activities in a Park or \[Legislative\] Recreational Area (memorandum dated September 5, 2006) 245 No Board Action 2. Public Notice of September 19, 2006 Public Hearing to Repeal Section 305.09 of The Code to Eliminate the Fine under the Dori \[Legislative\] Slosberg Driver Education Safety Act (memorandum dated September 6, 2006) 246 No Board Action Page 6 of 11 September 12, 2006 9:00 a.m. 10. COUNTY ADMINISTRATOR’S MATTERSPAGE None 11. DEPARTMENTAL MATTERS A. Community Development None 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 Page 7 of 11 September 12, 2006 9:00 a.m. 11. DEPARTMENTAL MATTERS (CONT’D.) PAGE Public Works I. 1. Approval of Professional Service Agreements for Annual Civil Engineering Services Contract, On An On-Going Basis (memorandum dated August 28, 2006) 247-257 Approved Professional Service Agreements for annual civil engineering services contracts with Arcadis G&M, Inc., Carter Associates, Inc., Kimley-Horn & Associates, Inc., and McMahon Associates, Inc. and authorized the Chairman to sign the agreements. 2. Work Order No. 1 to the Professional Civil Engineering Services rd Agreement with Arcadis G&M Inc. for Widening 43 Avenue from th Oslo Road to 8 Street (memorandum dated August 28, 2006) 258-275 Approved Work Order No. 1 with Arcadis G&M Inc. for a total negotiated design cost for lump sum tasks of $434,592.52. Total budget for not-to-exceed tasks is $37,000.00 for a total contract amount of $471,592.52. 3. Property Acquisition, 6478 85 th Street (CR510) – CR 510 Widening and Improvements, County Project No. 0610, Julie A. Khan, Owner (memorandum dated August 29, 2006) 276-285 th Approved the property acquisition of 6478 85 Street in the amount of $175,000.00 and authorized the Chairman to execute the Agreement to Purchase and Sell Real Estate. 4. Amendment No. 8 to the Professional Engineering/Land Surveying Services Agreement with Kimley-Horn and Associates, Inc. for Oslo Road Widening Phase I from West of Old Dixie Highway to th 27 Avenue (memorandum dated August 28, 2006) 286-292 Approved Amendment No. 8 in the amount of $142,350.00 and authorized the Chairman to execute the said amendment with Kimley-Horn and Associates, Inc. for Oslo Road Widening Phase th I from West of Old Dixie Highway to 27 Avenue. Utilities Services J. 1. Indian River Drive – North Petition Water Indian River County Project No. UCP-2632, Preliminary Assessment Resolutions I and II (memorandum dated September 1, 2006) 293-320 Approved and adopted Resolutions # 2006-125 and # 2006-126. Page 8 of 11 September 12, 2006 9:00 a.m. 11. DEPARTMENTAL MATTERS (CONT’D.) PAGE Utilities Services (CONT’D.) J. 2. Orange Heights Water Service Indian River County Project No. UCP-2563, Resolution IV – Final Assessment (memorandum dated September 5, 2006) 321-345 Approved and adopted Resolution # 2006-127. 3. North County Reverse Osmosis Plant – Camp Dresser McKee (CDM) Amendment No. 3 to Work Order No. 1 for Additional Professional Services in Permitting, Contract Documents & Bidding Assistance (memorandum dated August 14, 2006) 346-357 Approved Amendment No. 3 to Work Order No. 1 with CDM in the amount of $32,200.00 for additional permitting and bidding services and authorized the Chairman to execute the same. 4. Amendment No. 2 to Work Order No. 1 with Ecotech Consultants, Inc. for Permitting Services for the Spoonbill Marsh Site (memorandum dated September 1, 2006) 358-365 Approved Addendum No. 2 to Work Order No. 1 with Ecotech Consultants, Inc. in the amount not to exceed $35,640.00 to provide additional permitting services for the Spoonbill Marsh Site and authorized the Chairman to execute the same. 12. COUNTY ATTORNEY Consensus to hold an Attorney-Client session regarding the settlement of claims made under the Bert J. Harris Act by MT Vero Holdings, LLC; Bent Pine Preserve, LLC; and Sebastian River Park 160 LLC at 1:00 p.m. during the regular Commission meeting on Tuesday, September 19, 2006. Estimated time of session is one-half hour and will be held in the County Administrator’s Conference Room with Arthur R. Neuberger, Gary C. Wheeler, Thomas S. Lowther, Wesley S. Davis, Sandra L. Bowden, Joseph A. Baird, William DeBraal, Joe Shubin (Outside Counsel via conference call) and a certified court reporter present. See Item 9.B.1. 13. COMMISSIONERS ITEMS Commissioner Arthur R. Neuberger, Chairman A. None Commissioner Gary C. Wheeler, Vice Chairman B. None Page 9 of 11 September 12, 2006 9:00 a.m. 13. COMMISSIONERS ITEMS (CONT’D.) PAGE Commissioner Sandra L. Bowden C. None Commissioner Wesley S. Davis D. None Commissioner Thomas S. Lowther E. None 14. SPECIAL DISTRICTS AND BOARDS Emergency Services District – 1:57 p.m. A. 1. Emergency Services Station 3, Deductive Change Order No. 2 (memorandum dated September 01, 2006) 366-369 Approved Deductive Change Order No. 2 for Emergency Services Station #3 in the amount of ($1,005.80) and authorized the Chairman to execute the document. After approval of Change Order No. 2 the adjusted amount of the GMP for replacement of Emergency Services Station #3 will be $1,745,284.88. 2. Emergency Services Station 5, Deductive Change Order No. 2 (memorandum dated September 01, 2006) 370-373 Approved Deductive Change Order No. 2 for Emergency Services Station #5 in the amount of ($52,823.90) and authorized the Chairman to execute the document. After approval of Change Order No. 2 the adjusted amount of the GMP for replacement of Emergency Services Station #5 will be $1,917,028.85. Solid Waste Disposal District – 1:58 p.m. B. 1. Approval of Minutes July 12, 2006 – Budget Approved 2. Approval of Minutes September 6, 2006 Approved Page 10 of 11 September 12, 2006 9:00 a.m. 14. SPECIAL DISTRICTS AND BOARDS (CONT’D.) PAGE Solid Waste Disposal District (CONT’D.) B. 3. Indian River Correctional Institution’s Request for Solid Waste Assessment Adjustment (memorandum dated August 28, 2006) 374 Granted approval for the adjustment of the Indian River Correctional Institution’s 2006 solid waste assessment in the amount of $6,657.46, contingent upon the IR Correctional Institution continuing to provide inmate labor for landfill operations. 4. Approval of Bid Award for IRC Bid # 2006098, Grapple Truck with Knuckleboom Trash Loader, Utilities Department / Solid Waste Disposal District (memorandum dated September 5, 2006) 375-382 Approved the award of the bid to Heintzelman’s Truck Center, Inc. as the most responsive and responsible bidder meeting all but one specification item as set forth in the Invitation to Bid even though they are only the third lowest bidder. The one item, an exception to interior color, which the SWDD staff has determined to be acceptable. The low and second lowest bidder failed to meet the bid specifications on many critically important items. Environmental Control Board C. None 15. ADJOURNMENT - 1:59 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 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 11 of 11 September 12, 2006 9:00 a.m.