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HomeMy WebLinkAbout09/05/2006 (2) 9:00 A.M. -TUESDAY, AUGUST 10, 2004, 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 nty Administration Building 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 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 5, 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 Dawn Lawton 2. INVOCATION Christ By the Sea United Methodist Church Commissioner Thomas S. Lowther 3. PLEDGE OF ALLEGIANCE 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 7.F – Correction to page 57 (typo – applicant submitted correction for word Control) 7.G – Correction to page 58 (typo – County Club Pointe corrected to Country Club Pointe) 7.M – Additional backup – page 81.A – Page 1 of Work Order No. 16 added 9.B.1 - Deletion 11.J.1 – Correction to page 224 (Ameritrend corrected to Highpointe, LLC) 12.A – Additional Backup – Letter dated September 1, 2006 from Charles Genoni 13.B.1 – Deletion 14.B.3 – Correction to page 256 (time added for Public Hearing) Approved Page 1 of 10 September 5, 2006 PAGE 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Retirement Award honoring Rita Dion for Thirty and a half years of service to Indian River County Youth Guidance 1-2 Presented to Rita Dion, Youth Guidance Director, by Chairman Neuberger. B. Presentation by Jim Gabbard, City Manager, City of Vero Beach (COVB) Presentation by Jim Gabbard and City of Vero Beach staff regarding the COVB electrical service rates for residents who reside outside of the COVB vs. FLP rates. 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Reports Placed on File in the Office of Clerk to the Board: 1. Vero Lakes Water Control District Notice of Regular Meeting, September 15, 2006 at 9:30 a.m., in Vero Beach 2. Vero Lakes Water Control District Budget for Year Ending September 30, 2007 3. Report of Convictions for July 2006 Approved B. Annual Fire Control Report by Florida Department of Agriculture and Consumer Services, Division of Forestry (letter dated July 20, 2006) 3-32 Approved C. Approval of Warrants – August 11 – 17, 2006 (memorandum dated August 17, 2006) 33-38 Approved D. Approval of Warrants – August 18 – 24, 2006 (memorandum dated August 24, 2006) 39-47 Approved Page 2 of 10 September 5, 2006 7. CONSENT AGENDA (CONT’D.) PAGE E. Appointment to the Code Enforcement Board (Arthur R. Neuberger) (memorandum dated August 28, 2006) 48-52 Chairman Neuberger polled the members and Mr. Keith Hedin (see below) was appointed to serve as the Businessman appointee to Code Enforcement. F. Appointment to the Code Enforcement Board (Thomas S. Lowther) (memorandum dated August 29, 2006) 53-57 Approved the appointment of Keith Hedin as the Businessman appointment to the Code Enforcement Board. G. Grant of Deed of Easement by Indian River County and the City of Vero Beach for Public Utilities (memorandum dated August 23, 2006) 58-62 Approved the Deed of Easement by Indian River County and the City of Vero Beach for Public Utilities and authorized the Chairman to sign the Deed of Easement. H. 2007 Holiday Schedule (memorandum dated August 15, 2006) 63 Approved the 2007 Holiday Schedule. I. Miscellaneous Budget Amendment 021 (memorandum dated August 18, 2006) 64-66 Approved and adopted Resolution # 2006-117 and authorized the Chairman to execute the same. J. Miscellaneous Budget Amendment 022 (memorandum dated August 29, 2006) 67-73 Approved and adopted Resolution # 2006-118 and authorized the Chairman to execute the same. K. Resolution Requesting Assistance from State of Florida Beach Erosion Control Program (memorandum dated August 16, 2006) 74-76 Approved and adopted Resolution # 2006-119 and authorized the Chairman to execute the same. L. Request for Release of Retainage for the Design Portion of Work Order No. 5 “Final Engineering Design of Vortex Treatment Systems at the Main Relief Canal, North Relief Canal, and South Relief Canal in the Indian River Farms Water Control District” (memorandum dated August 17, 2006) 77-80 Approved the Release of Retainage for the Final Design Services covered by Work Order # 5. Page 3 of 10 September 5, 2006 7. CONSENT AGENDA (CONT’D.) PAGE M. Approval of Work Order No. 16 with Masteller, Moler, Reed and Taylor, Inc. to Provide a Boundary Survey at the Central Regional Wastewater Treatment Facility (memorandum dated August 10, 2006) 81-82 Approved Work Order No. 16 with Masteller, Moler, Reed and Taylor, Inc. for Professional Surveying Services Agreement for Annual Surveying and Mapping Services Contract No: 0390 to Provide a Boundary Survey at the Central Regional Wastewater Treatment Facility in an amount not to exceed $4,500 and authorized the Chairman to execute the same as presented. N. State Aid Application/Agreement (memorandum dated August 25, 2006) 83-92 Approved State Aid Application/Agreement for 2006-2007 and authorized the Chairman to sign the agreements and return them to the Library Services Director to be forwarded to the appropriate state library staff. O. Quail Creek PD Request from Successor Developer, SLM Investments, LLC (Stanley Markofsky, Managing Member) for an Extension to Complete Required Improvements (memorandum dated August 29, 2006) 93-95 Approved one year extension to complete required improvements provided the successor developer provides a certified cost estimate from its engineer reflecting today’s prices, and that the security is amended to extend the expiration date to 90 days beyond the new completion date and increased if the certified cost estimate reflects an increase. P. Ashley Lakes North Request from Developer, Ashley Lakes North, LLC (Stanley Markofsky, Managing Member) for an Extension to Complete Required Improvements (memorandum dated August 29, 2006) 96-98 Approved one year extension to complete required improvements provided the successor developer provides a certified cost estimate from its engineer reflecting today’s prices, and that the security is amended to extend the expiration date to 90 days beyond the new completion date and increased if the certified cost estimate reflects an increase. Q. 5 th Street SW at Lateral J. Canal Directional Drill 8-inch Force Main Under 36-inch Culvert, Approval of Change Order No. 1 and Final Payment to Contractor (memorandum dated August 14, 2006) 99-104 Approved the total labor cost of $21,232.07 to Change Order No. 1 for an additional $9,587.97 and approved Application to Pay Request No. 1 – Final as Final Payment to the Contractor, The Danella Companies, Inc. in the amount of $21,232.07. Page 4 of 10 September 5, 2006 7. CONSENT AGENDA (CONT’D.) PAGE R. Addendum to Work Order No. 1, ARCADIS G & M, Inc. 43 rd Avenue th (Oslo Road to 8 Street) Right-of-Way Mapping Project (memorandum dated August 25, 2006) 105-113 Approved Addendum to Work Order No. 1, ARCADIS G & M, Inc. rdth 43Avenue (Oslo Road to 8 Street) Right-of-Way Mapping Project in the amount of $11,690.00 and authorized the Chairman to execute the Work Order on their behalf. S. CR 512, Phase III, CR 510 – Project #9611 & 0001, Bid Number 2006065, Change Order #4 (memorandum dated August 23, 2006) 114-119 Approved Change Order # 14 increasing the contract amount by $215,507.25 and authorized the Chairman to execute the contract on their behalf. The new contract amount will be $13,622,330.63. T. Change Order No. 2 for 41 st Street Improvements and Intersection rd Improvements at 43 Avenue and Kings Highway, IRC Project #0016 and #0236, Bid #7074 (memorandum dated August 14, 2006) 120-128 Approved Change Order No. 2 increasing the contract amount by $54,273.14, increased the contract time 158 days with a final completion date of March 31, 2007 and authorized the Chairman to sign. U. Request for Floodplain Cut and Fill Balance Waiver for Orchid Reserve at 8910 US1 (memorandum dated August 24, 2006) 129-131 Approved Alternative No. 1 to grant the waiver request. V. Schumann Drive Force Main Replacement From Bailey Drive to Caprol Lane, Approval of Final Payment to Contractor (memorandum dated August 10, 2006) 132-136 Approved the total labor cost of 466,309.63 and approved Application Pay Request No. 1 – Final as Final Payment to the contractor The Danella Companies, Inc. in the amount of $66,309.63. W. Consideration of Indian River County 2006 SHIP Program and HHR Program Annual Reports (memorandum dated August 14, 2006) 137-198 Approved the SHIP and HHR annual reports, and authorized the Chairman to sign the reports’ Certification pages. 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE None Page 5 of 10 September 5, 2006 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Ordinance Amending Section 305.09 of The Code of Indian River County to Increase the Fine under the Dori Slosberg Driver Education Safety Act (memorandum dated August 29, 2006) 199-218 Legislative Approved to deny Increasing the Fine under the Dori Slosberg Driver Education Safety Act and directed staff to prepare documents necessary to amend the County code. 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 for Joe Paladin regarding S.R. 60 Widening project (No Backup) Deleted C. PUBLIC NOTICE ITEMS 1. Notice of Change in Date for Public Hearing – Ordinance Amending the Definition of Allowable Water Activities in a Park or \[Legislative\] Recreational Area (memorandum dated August 29, 2006) 219 Rescheduled from September 5, 2006 to September 19, 2006 at 9:00 a.m. or as soon thereafter as the matter may be heard due to a printing error by the newspaper. 2. Notice of Scheduled Public Hearings for Upcoming Board Meetings (memorandum dated August 22, 2006) 220-221 September 12, 2006 Meeting: A. Young Kim: Request for Small Scale Comprehensive Plan Future Land Use Map Amendment Approval to Redesignate  .52 Acres located east of US Hwy 1 and approximately 470 st feet north of 21 Street SE from L-2 to C/I; and to Rezone  those .52 Acres from RS-6 to CG. Heon Young Kim, Legislative\] Owner. Michael Kim, Agent. \[ 9. PUBLIC ITEMS (CONT’D.) PAGE C. PUBLIC NOTICE ITEMS (CONT’D.) Page 6 of 10 September 5, 2006 September 12, 2006 Special Meeting 6:00 P.M., First Floor Conference Room A: B. Treviso: Proposed Settlement of Lawsuit, Treviso, LLC v. Indian River County, Public Hearing on Request for \[Quasi-Judicial\] Rezoning Approval. September 19, 2006 Meeting: C. County Initiated: Request to amend the Conservation Element, the Potable Water Sub-Element, and the Sanitary \[Legislative\] Sewer Sub-Element of the Comprehensive Plan. D. County Initiated: Request to amend the Transportation \[Legislative\] Element of the Comprehensive Plan. E. County Initiated: Request to amend the Capital Improvements Element of the Comprehensive Plan. \[Legislative\] F. Indian River Exchange Packers Inc: Request to amend the Future Land Use Map of the Comprehensive Plan. \[Legislative\] No Board Action 10. COUNTY ADMINISTRATOR’S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None Emergency Services B. None General Services C. None 11. DEPARTMENTAL MATTERS PAGE Human Resources D. Page 7 of 10 September 5, 2006 None Human Services E. None Leisure Services F. None Office of Management and Budget G. None Recreation H. None Public Works I. None Utilities Services J. 1. High Pointe Subdivision – Developer’s Agreement for Offsite Utilities (memorandum dated August 14, 2006) 222-243 Approved the Developer’s Agreement for Offsite Utilities, authorized the Utilities Department to recover capacity charges and line extension fees from future development and authorized the Chairman to execute same, as presented. 12. COUNTY ATTORNEY Sunrise Subdivision Request from Developer, Sunrise Vero Beach, L.L.C. A. (John P. Genoni, Jr., John M. Genoni, and Charles B. Genoni Managing Members) for an Extension to Complete Required Improvements and Required Sidewalk Improvements (memorandum dated August 29, 2006) 244-255 Approved staff recommendation to extend the time to perform for one year for the required improvements and two additional years for constructing the sidewalks provided the security for each contract is amended to increase the amount as reflected in the corresponding approved and updated certified cost estimate, and the expiration date of the security is extended 90 days beyond the new completion date and approved an additional condition of the extension, a requirement that the th developer contribute $300,000 toward the construction of 17 Lane S.W. intersection improvements (rather than construct as originally planned). 13. COMMISSIONERS ITEMS PAGE Commissioner Arthur R. Neuberger, Chairman A. Page 8 of 10 September 5, 2006 None Commissioner Gary C. Wheeler, Vice Chairman B. 1. S.R. 60 6-laning – Financial Analysis and Priority List of County Road Projects as Prepared by Staff Deleted 2. Salary Study (No Backup) Approved the County Administrator to bring information back to the Board regarding a Salary Study countywide for all employees of the Board and Constitutional Officers. Estimated for the cost of this study to be around $75,000.00. Commissioner Sandra L. Bowden C. None Commissioner Wesley S. Davis D. 1. Update of Oslo Boat Ramp Jim Davis, Public Works Director, gave an update to the Board regarding the Oslo Boat Ramp renovation status. No Board Action Commissioner Thomas S. Lowther E. None 14. SPECIAL DISTRICTS AND BOARDS Emergency Services District A. None Solid Waste Disposal District B. 1. Approval of Minutes June 6, 2006 Approved 2. Approval of Minutes July 11, 2006 Approved 14. SPECIAL DISTRICTS AND BOARDS – (CONT’D.) PAGE Solid Waste Disposal District – (CONT’D.) B. Page 9 of 10 September 5, 2006 3. 2006 Petition Hearing Solid Waste Disposal District Assessment Fees (memorandum dated August 14, 2006) 256 Approved to schedule the 2006 Solid Waste Disposal District Assessment Fees Petition Hearing immediately following the regularly scheduled meeting of the Board of County Commissioners at 9:00 a.m. on October 10, 2006, or as soon thereafter as the matter may be heard. 4. Approval of Bid Award for IRC Bid # 2006089 40 Cubic Yard Roll Off Containers. Utilities Department/Solid Waste Disposal District (memorandum dated August 23, 2006) 257-265 Approved the award of the bid to Florida Can, Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. Environmental Control Board C. None 15. 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 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 10 of 10 September 5, 2006