HomeMy WebLinkAbout09/6/2005 (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 County
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 Building
County Administration 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 6, 2005 - 9:00 A.M.
County Commission Chamber
County Administration Building
th
1840 25 Street. Vero Beach, Florida, 32960-3365
WWW.IRCGOV.COM
COUNTY COMMISSIONERS
Thomas S. Lowther, Chairman District 4 Joseph A. Baird, County Administrator
Arthur R. Neuberger, Vice Chairman District 2 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
Gary C. Wheeler District 3
PAGE
1.
CALL TO ORDER 9:00 A.M. – Comm. Lowther Absent
Reverend Dawn Lawton
2.
INVOCATION
Christ by the Sea United Methodist Church
Commissioner Gary C. Wheeler
3.
PLEDGE OF ALLEGIANCE
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
th
Move 9.B.1 – L.W. Wadsworth/50 Avenue – Public Discussion in front of 9.A.1 –
Public Hearings.
Approved
5.
PROCLAMATIONS and PRESENTATIONS
A. Presentation of Revenue Sharing Payment from U. S. Fish and Wildlife
Service to Indian River County. Presentation by Paul Tritaik, Refuge
Manager, Pelican Island National Wildlife Refuge
Presentation of a check in the amount of $71,901 by Paul Tritaik, Refuge
Manager, Pelican Island National Wildlife Refuge.
Page 1 of 10
September 6, 2005
PAGES
6.
APPROVAL OF MINUTES
A. Budget Workshop July 13, 2005
Approved
B. Regular Meeting of August 9, 2005
Approved
7.
CONSENT AGENDA
A. Reports Placed on File in the Office of Clerk to the Board:
1. Vero Lakes Water Control District – Meeting Notice September 15,
2005
2. Report of Convictions – July 2005
Approved
B. Approval of Warrants
(memorandum dated August 18, 2005) 1-9
Approved
C. Approval of Warrants
(memorandum dated August 25, 2005) 10-21
Approved
D. Resignation from the Economic Development Council (EDC)
(memorandum dated August 22, 2005) 22
Accepted resignation of John Gallo as Manufacturing Task Force
member to the EDC.
E. Tourist Development Council (TDC) Appointment
(memorandum dated August 25, 2005) 23-28
Approved the appointment of Rich Naibandian to the Owner/Operator
Tourist Accommodation position on the TDC.
F. Proclamation Honoring Judy Wakefield on Her Retirement from Indian
River County UF/IFAS Extension Service 29-30
Approved
G. Library System Long Range Plan Update
(memorandum dated August 12, 2005) 31-58
Approved update to the Library System Long Range Plan.
Page 2 of 10
September 6, 2005
7.
CONSENT AGENDA (CONT’D.) PAGES
H. Quail Creek Development Group L.L.C.’s Request for Final Plat Approval
for a Planned Development to be Known as Quail Creek P.D.
(memorandum dated August 25, 2005) 59-78
Approved Final Plat approval with the mylar being recorded after
acceptable security is received.
I. Request to Approve the Sixth Set of Community Development Block Grant
(CDBG) Housing Rehabilitation Bids (4 Bids), the Second Set of
Demolition Bids for One Home, and One Replacement Home Bid
(memorandum dated August 24, 2005) 79-83
Approved with the contingency of DCA’s approval of a contractor sole
source waiver: Awarded housing rehabilitation bid for Johnnie Ross to
Turner Construction in the amount of $45,510.00; Awarded housing
rehabilitation bid for John Brown to Turner Construction in the amount
of $46,650.00; Awarded housing rehabilitation bid for Nina Cobb to
Turner Construction in the amount of $35,220.00; Awarded housing
rehabilitation bid for Mitzi Gaynor Turner Construction in the amount of
$31,260.00; Awarded the housing demolition bid for Daisy Davis to
Affordable Trucking and Land Clearing in the total amount of $5,500.00;
Awarded housing replacement bid for Daisy Davis to Turner
Construction in the amount of $52,000.00.
J. Verona Trace Developer’s Agreement for Developer Contributions to
thrd
Intersection Improvements at S.R. 60/58 Ave. and S.R.60/43 Ave.
(memorandum dated August 17, 2005) 84-90
Approved Alternative # 1 – Lennar Homes, Inc. will pay $386,184 of the
estimated $11,000,000 combined cost of the two projects. No traffic
impact fee credits will be given to the developer as a result of the $386,184
contribution. The remaining $10,613,816 of the project cost will be
funded by County traffic impact fees and other developers via similar fair-
share agreements.
K. East Roseland Stormwater Improvements: Approval of Change Order No.
004 and Contractor’s Final Pay Request (Including Release of Retainage)
(memorandum dated August 19, 2005) 91-100
Approved Change Order No. 004 (deduction of $1,881.20) and Final Pay
Request in the amount of $433,134.39 to JoBear/Warden Construction,
Inc.
L. Miscellaneous Budget Amendment 020
(memorandum dated August 30, 2005) 101-106
Approved and adopted Resolution # 2005-129.
Page 3 of 10
September 6, 2005
7.
CONSENT AGENDA (CONT’D.) PAGES
M. Interfund Borrowing
(memorandum dated August 29, 2005) 107
Approved interfund borrowing from Fund 136 to Fund 001; from Fund
124 to Fund 109; from Fund 312 to Fund 502; from Fund 418 to Fund
109.
N. Approval of Resolution Re-authorizing Imposition of 911 Fee
(memorandum dated August 22, 2005) 108-112
Approved and adopted Resolution # 2005-130 reauthorizing and imposing
the 911 surcharge with a $.50 fee for FY 2005/2006.
O. Approval of Renewal for a Class “E” Certificate of Public Convenience and
Necessity for Indian River Memorial Hospital to Provide Wheelchair /
Stretcher Services
(memorandum dated August 26, 2005) 113-127
Approved renewal of the Class “E” Certificate of Public Convenience and
Necessity for Indian River Memorial Hospital, to be effective for a period
of two (2) years from October 2, 2005 to October 2, 2007.
P. Approval of State and Federally Funded Subgrant Agreement-Contract
Number 06BG-04-10-40-01-085
(memorandum dated August 26, 2005) 128-171
Approved Subgrant Agreement and authorized the Chairman to sign.
8.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
9.
PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Consideration of LDR Amendments to Chapters 911, 913, 915, and
971 to Codify and Modify Pending Ordinance Provisions
\[Legislative\]
(memorandum dated August 30, 2005) 172-212
Approved and adopted Ordinance # 2005-030 as presented.
2. Public Hearing to Amend Land Development Regulations Chapter
930 (Stormwater Management and Flood Protection Ordinance)
\[Legislative\]
(memorandum dated August 29, 2005) 213-237
Approved and adopted Ordinance # 2005-031 as presented.
9.
PUBLIC ITEMS (CONT’D.) PAGES
Page 4 of 10
September 6, 2005
A. PUBLIC HEARINGS (CONT’D.)
3. Ordinance Amending Section 913.10(2) to Allow Maintenance
Bonds as Security for the Warranty of Required Subdivision
\[Legislative\]
Improvements.
(memorandum dated August 29, 2005) 238-247
Approved and adopted Ordinance # 2005-032 with wording
(Developer and/or Contractor) to be inserted appropriately in the
Ordinance by the County Attorney.
4. Children’s Discovery Center’s Request for Special Exception
\[Quasi-Judicial\]
Use Approval to Expand an Existing Daycare
(memorandum dated August 5, 2005) 248-273
Approved Special Exception with Recommendations listed on
page 251 of agenda backup.
5. Timothy L. and Sandra J. Gaither’s Request to rezone ±3.44
\[Quasi-Judicial\]
acres from RMH-8 to RS-6
(memorandum dated August 23, 2005) 274-287
Approved and adopted Ordinance # 2005-033 as presented.
6. Omni Construction International’s Request to rezone ±7.31
\[Quasi-Judicial\]
acres from RMH-8 to RS-6
(memorandum dated August 23, 2005) 288-300
Approved and adopted Ordinance # 2005-034 as presented.
7. Beale Holding Inc.’s Request to Rezone 7.74 acres from CH to CG
\[Quasi-Judicial\]
(memorandum dated August 23, 2005) 301-322
Tabled to a time uncertain.
8. Request to Modify the Approved Planned Development (PD)
\[Legislative\]
Conceptual Plan for Plat 5 of the Indian River Club
(memorandum dated August 25, 2005) 323-330
Approved with staff recommendations listed on pages 324-325 of
agenda backup.
9.
PUBLIC ITEMS (CONT’D.) PAGES
A. PUBLIC HEARINGS (CONT’D.)
Page 5 of 10
September 6, 2005
9. Request for Approval of the Indian River County/City of Vero
Beach Enterprise Zone Strategic Plan, the Florida Enterprise Zone
Program Application Package For Indian River County and the
City of Vero Beach, and the Interlocal Agreement Between Indian
River County and the City of Vero Beach Regarding the Indian
River County/City of Vero Beach Enterprise Zone and Enterprise
\[Quasi-Judicial\]
Zone Development Agency
(memorandum dated August 24, 2005) 331-366
Approved Resolution # 2005-131 and authorized submission of
an enterprise zone designation application to the State of FL;
authorized the Chairman to sign FL Enterprise Zone Application
Package; approved the Indian River County/City of Vero Beach
Enterprise Zone Interlocal agreement and authorized the
Chairman to sign on behalf of the Board.
B. PUBLIC DISCUSSION ITEMS
1. Request to Speak from L. W. Wadsworth Regarding Petition of the
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residents of 50 Avenue between Route 60 and Walker Avenue
(letter dated August 15, 2005) 367-372
th
Directed County Administrator to look into bringing 50 Avenue
up to standard, take care of drainage issues and look into traffic
calming methods.
C. PUBLIC NOTICE ITEMS
1.
Notice of Attorney-Client Session September 13, 2005:
Discussion of Settlement Proposals with respect to MGD
Development of Florida II, LLC v. Indian River County
(Public Notice Dated 8/30/05) 373
No Board Action
2. Notice of Public Hearing September 13, 2005:
An Ordinance of the Board of County Commissioners of Indian
River County, Florida, Declaring a Temporary Moratorium on the
Acceptance of Applications for Administrative Permits and the
Issuance of Administrative Permit Approvals for “Small Lot
Single-family Subdivisions”; Providing for Prohibition; Providing
for Exceptions; Providing for Conflicts; Providing for Severability;
Setting Forth Expiration and Effective Dates
(Public Notice Dated 8/30/05) 374
Legislative
No Board Action
10.
COUNTY ADMINISTRATOR’S MATTERSPAGES
None
Page 6 of 10
September 6, 2005
11.
DEPARTMENTAL MATTERS
A.
Community Development
1. Consideration of X-Stream Systems Inc.’s Request for a Local
Jobs Grant
(memorandum dated August 24, 2005) 375-397
Approved and adopted Resolution # 2005-132 and authorized the
Chairman to sign the Job Grant Agreement with X-Stream
Systems Inc.
Emergency Services
B.
None
General Services
C.
1. Approval of Bid Award for IRC Bid # 7044 Fiber Optic Network
Cabling General Services
(memorandum dated August 19, 2005) 398-412
Approved the award of the bid to Precision Contracting Services,
Inc. in the amount of $5,223,000.50.
2. Contract for new circuits to New Courthouse Telephone System
(memorandum dated August 29, 2005) 413-416
Granted approval for the County Administrator or his designee to
sign the 24-month contract with BellSouth for two PRI circuits
or the Courthouse.
3. New Courthouse Telephone System
(memorandum dated August 22, 2005) 417-447
Authorized the project and approved the Chairman to execute the
contract titled NEAX2000IPS Courthouse Project Statement of
Work for Indian River County in the amount of $335,859.58.
Human Resources
D.
None
Human Services
E.
None
11.
DEPARTMENTAL MATTERS (CONT’D.) PAGE
Leisure Services
F.
None
Page 7 of 10
September 6, 2005
Office of Management and Budget
G.
None
Recreation
H.
None
Public Works
I.
1. Design and Permitting of Beach Restoration Engineering Services
Selection Indian River County Beach Preservation Plan SOQ No.
7082
(memorandum dated August 18, 2005) 448-449
Approved staff recommendation and authorized contract
negotiations with the first, second and third ranked firms
(Coastal Technology Corporation; Taylor Engineering, Inc. and
Applied Technology & Management).
2. Hurricane Debris Removal Contract – Waste Management Inc. of
Florida – Release of Retainage
(memorandum dated August 25, 2005) 450-452
Approved Alternative No. 1 - Release retainage in the amount of
$204,109.16 with acknowledgement of a possible future payment
of $90,358.80 for debris tickets relating to previously missing
truck certification sheets.
3. Oslo Road /43 rd Avenue Improvements Change Order No. 2 and
Final Release of Retainage
(memorandum dated August 29, 2005) 453-464
Approved Change Order No. 2 in the deduct amount of
($94,679.96) and release of retainage in the amount of
$233,657.15 and payment in the amount of $71,409.29 for a total
final payment amount of $305,066.44. Final contract amount
after Change Order No. 2 is $2,407,980.44.
11.
DEPARTMENTAL MATTERS (CONT’D.) PAGE
Public Works – (CONT’D.)
I.
Page 8 of 10
September 6, 2005
4. Addendum No. 1 to Kimley-Horn Associates, Inc. for Intersection
thst
Improvements and Bridge Replacement at 66 Avenue and 41
Street
(memorandum dated August 29, 2005) 465-488
Approved Alternative No. 1 – Chairman to execute both the
Agreement with Arcadis and Addendum No. 1 with Kimley-Horn,
as written.
Utilities Services
J.
1. Schumann Dr. Force Main Replacement Project from Bailey Drive
to Caprol Lane, Sebastian
(memorandum dated August 22, 2005) 489-492
Approved expenditure of funds for this project in the total
amount of $101,303.82 and authorized the Chairman to execute
Work Authorization No. 2005-008 in the amount of $80,252.60 to
The Danella Companies, Inc., as presented.
2. Schumann Dr. & Empress Ave. Utility Canal Crossings
Replacement
(memorandum dated August 22, 2005) 493-496
Approved expenditure of funds for this project in the total
amount of $141,740.44 and authorized the Chairman to execute
Work Authorization No. 2005-05 in the amount of $90,432.48 to
The Danella Companies, Inc.
3. Villas at Verona Trace Subdivision – Developer’s Agreement for
Construction of Off-Site Master Planned Water Main and On-site
Pump Station Addition
(memorandum dated August 18, 2005) 497-510
Approved Developer’s Agreement as presented, and authorized
the Utilities Department to recover capacity charges and line
extension fees from future development.
12.
COUNTY ATTORNEY
A. Update on Impact Fee Ordinance
(memorandum dated August 30, 2005) 511-512
Approved staff recommendation to enact the pending ordinance doctrine
and eliminate the requirement for contract impairment before the newly
imposed impact fees can be waived together with moving the deadline for
a receipt of a completed impact fee waiver application to September 30,
2005. Staff to amend the ordinance with these changes.
13.
COMMISSIONERS ITEMS
PAGE
Commissioner Thomas S. Lowther, Chairman
A.
Page 9 of 10
September 6, 2005
None
Commissioner Arthur R. Neuberger, Vice Chairman
B.
None
Commissioner Sandra L. Bowden
C.
None
Commissioner Wesley S. Davis
D.
1. Information Regarding the Historic Fishing Area in Sebastian
(No Back-up)
Invitation extended to BCC members for a fishing trip/tour on
September 19, 2005 at 7:00 a.m. at the Archie Smith Fish House
and a Fish Fry on September 21, 2005.
Commissioner Gary C. Wheeler
E.
None
14.
SPECIAL DISTRICTS AND BOARDS
Emergency Services District
A.
None
Solid Waste Disposal District
B.
None
Environmental Control Board
C.
None
15.
ADJOURNMENT – 1:45 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 beginning Thursday at 1:00 p.m. through Friday morning.
Rebroadcasts continuously starting again on Saturday at 12:00 noon to 5:00 p.m.
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September 6, 2005