Idea Transcript
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA
TUESDAY, JULY 7, 2009 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com
COUNTY COMMISSIONERS Wesley S. Davis, Chairman Joseph E. Flescher, Vice Chairman Gary C. Wheeler Peter D. O’Bryan Bob Solari
District 1 District 2 District 3 District 4 District 5
Joseph A. Baird, County Administrator William G. Collins II, County Attorney Jeffrey K. Barton, Clerk to the Board
PAGE
1.
CALL TO ORDER
2.
INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff Office
3.
PLEDGE OF ALLEGIANCE
Commissioner Chairman
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5.
PROCLAMATIONS and PRESENTATIONS A.
B.
July 7, 2009
9:00 A.M.
Joseph
E.
Flescher,
Vice
Presentation of Certificate of Recognition to Cory Richter as Recipient of the State EMS Injury Prevention Award for 2009
1
Presentation of Certificate of Recognition to Paul Button as Recipient of the State EMS Dispatcher Award for 2009
2
Page 1 of 6
6.
B.
7.
8.
PAGE
APPROVAL OF MINUTES Regular Meeting of June 9, 2009 A. Regular Meeting of June 16, 2009
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A.
Letter of Re-election of Emmett Evans to the Board of Supervisors of the St. Johns Improvement District to serve an additional three years is on file in the Office of the Clerk to the Board
B.
City of Sebastian Ordinance 0-08-01 – Annexation of 17.14 acres of Shady Rest Mobile Home Park; Ordinance 0-08-02 – Land Use; and Ordinance 0-08-03 – Zoning, are on file in the Office of the Clerk to the Board
CONSENT AGENDA A.
B.
C.
D.
E.
F.
G.
July 7, 2009
Approval of Warrants and Wires – June 12, 2009 thru June 18, 2009 (memorandum dated June 18, 2009)
3-11
Approval of Warrants and Wires – June 19, 2009 thru June 25, 2009 (memorandum dated June 25, 2009)
12-19
Temporary Rent Relief for Rosemary’s Café (memorandum dated June 29, 2009)
20-46
Federal Fiscal Year 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Certificate of Participation (memorandum dated June 30, 2009)
47-56
Amendment No. 1 to Work Order No. 6 (Engineering) with Ardaman & Associates, Inc. Providing Professional Geotechnical Services for 12th Street Sidewalk Project, From 43rd Avenue to 27th Avenue, IRC Project #0604 (memorandum dated June 19, 2009)
57-60
CR 512, Phase III, CR 510 – Project #9611 & 0001, Geotechnical Services Work Order #2, Dunkelberger Engineering & Testing, Inc. (memorandum dated June 25, 2009)
61-62
Award of Bid # 2009037, Roadway Improvements to 16th Street from 74th Avenue to 66th Avenue, and 66th Avenue from 16th Street to S.R. 60, IRC Project Nos. 9920, 9810-A and 0545 (memorandum dated June 18, 2009)
63-93
Page 2 of 6
8.
CONSENT AGENDA H.
I.
J.
K.
9.
Consideration of Newly Created Florida Housing Opportunity Program Strategy for Inclusion into the Indian River County Local Housing Assistance Plan (memorandum dated June 23, 2009)
94-112
Traffic Control Device Ledger (memorandum dated June 22, 2009)
113-132
Amended Resolutions of Necessity for 66th Avenue Parcels (memorandum dated June 30, 2009)
133-180
Storm Grove Middle School (formerly known as “Middle School BB”) 6400 57th Street, Vero Beach, FL 32967 Roadway Improvements on 57th Street between 66th Avenue and 58th Avenue Update to Interlocal Agreement between Indian River County and the School Board of Indian River County (memorandum dated June 30, 2009)
181-183
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A.
B.
10.
PAGE
Deryl Loar, Indian River County Sheriff Fiscal Year (FY) 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation (letter dated June 18, 2009)
184-201
Deryl Loar, Indian River County Sheriff Forfeiture Trust Fund (letter dated June 30, 2009)
202
PUBLIC ITEMS A.
PUBLIC HEARINGS 1.
B.
Public Hearing to Amend Sections 305.13 and 305.14 of The Code (memorandum dated June 23, 2009) Legislative
203-206
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 Cyril Knowles Regarding Budget 2010 207
2.
3. July 7, 2009
Request to Speak from Joe Paladin, Atlantic Coast Construction, Regarding Return of Cash Bond for Sidewalk in area not being built
208-255
Request to Speak from Spencer Simmons Regarding Utility Usage Fee
256
Page 3 of 6
10.
PUBLIC ITEMS C.
PUBLIC NOTICE ITEMS 1.
11.
PAGE
Notice of Scheduled Public Hearing July 14, 2009: To Amend the Purchasing Ordinance to Provide for Local Preference Policy for Local Businesses; Memorandum on Local Versus NonLocal Bid Award Comparison (memorandum dated June 29, 2009) Legislative
257-258
COUNTY ADMINISTRATOR MATTERS None
12.
DEPARTMENTAL MATTERS A.
Community Development 1.
B.
Approval of Bid Award for Rehabilitation of Five Homes Approved Under the Hurricane Wilma Community Development Block Grant Disaster Recovery Initiative Group Two (memorandum dated June 12, 2009)
259-262
Emergency Services None
C.
General Services None
D.
Human Resources None
E.
Human Services None
F.
Leisure Services None
G.
Office of Management and Budget None
July 7, 2009
Page 4 of 6
12.
DEPARTMENTAL MATTERS H.
PAGE
Recreation None
I.
Public Works None
J.
Utilities Services 1.
2.
3.
13.
Amendment No. 5 to Work Order No. 2 to PBS&J – Re-bid Well Piping and Additional Modeling Tasks Associated with Consumptive Use Permit (memorandum dated June 22, 2009)
263-270
Request to use the General Fund to cover Landfill Disposal Fees for PACE Projects and Other Illegal Dumping Projects (memorandum dated June 23, 2009)
271
Repair to Bar Screen South County Wastewater Treatment Facility (memorandum dated June 16, 2009)
272-276
COUNTY ATTORNEY MATTERS None
14.
COMMISSIONERS ITEMS A.
Commissioner Wesley S. Davis, Chairman None
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
July 7, 2009
Page 5 of 6
15.
SPECIAL DISTRICTS AND BOARDS A.
PAGE
Emergency Services District None
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 # 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 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 7, 2009
Page 6 of 6
Certificate of Recognition
5A
Is hereby presented to
CORY RICHTER On June 30, 2009 at the State EMS Advisory Council Meeting Cory Richter will be the recipient of the State EMS Injury Prevention Award for 2009. This award honors an EMS professional who has demonstrated outstanding initiative and promoted best practices to prevent injuries and other EMS educational activities, as well as saving lives on the front lines of Florida's EMS system. Cory has been employed by the Indian River Fire Rescue Division for 16 years, starting as a paramedic and then through continued education he earned several promotions until December 2005, when he was promoted to Battalion Chief Q/A Training. He is currently serving on the State of Florida's Emergency Medical Review Committee, Chairman of the Public Information, Education and Relations Committee and Appointed Member of the Emergency Medical Service for Children Committee. Cory's leadership skills are evidenced by the success of his subordinates as they handle emergency situations professionally and with applicable knowledge. Cory is very active in the community, he was the Founder and served in various positions with the Sebastian Area Soccer Association and remains actively involved. In addition, Cory is Chairman of the City of Sebastian Recreation Advisory Committee, Referee with the United States Soccer Federation, and a League Umpire with the Sebastian Area Little League. Therefore, this Certificate of Recognition is presented to Cory Richter for achieving the State EMS Injury Prevention Award for 2009, and for his dedication and commitment to the residents of Indian River County. Presented on this 7th day of July, 2009 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA
Wesley S. Davis, Chairman Joseph E. Flescher, Vice Chairman
Gary C. Wheeler
Bob Solari
Peter D. O'Bryan
Certificate of Recognition
58
Is hereby presented to
PAUL BUTTON On June 30, 2009 at the State EMS Advisory Council Meeting, Paul Button will be the recipient of the State EMS Dispatcher Award for 2009. This annual Excellence in EMS Award recognizes the outstanding efforts of men and women who serve their communities through injury prevention and other EMS educational activities, as well as saving lives on the front lines of Florida's EMS system. Paul has been employed by the Sheriff's Office for 11 years, serving both as a road deputy and in dispatch. Paul has · received many awards throughout his career that demonstrate his commitment and service to the community. Paul has been awarded the Honorable Service Award, Exemplary Service Award, Going the Extra Mile and a Life Saving Award from the Sheriff's Office. Paul is active with the local Cub Scouts as a den leader and teaches them first aid, CPR, what to do in an emergency and calling 911. Paul also provides first aid, CPR, and 911 sessions for congregation members of Crossroads Church. On October 29, 2008, Paul took a 911 call from an Indian River County resident, whose husband was unresponsive. Paul took control of the situation, directing the caller step by step to begin CPR. Paul was able to keep the caller performing CPR until Sebastian Police arrived, who continued CPR until County Fire Rescue personnel arrived. The patient was revived en route to the hospital, survived the event and was released from the hospital. Therefore, this Certificate of Recognition is presented to Paul Button for achieving the State EMS Dispatcher Award for 2009, and for his dedication and commitment to the residents of Indian River County. Presented on this ih day of July, 2009 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA
Wesley S. Davis, Chairman
Joseph E. Flescher, Vice Chairman
Gary C. Wheeler
Bob Solari
Peter D. O'Bryan
CLERK OF CIRCUIT COURT
INTEROFFICE MEMORANDUM
TO:
HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE:
June 18, 2009
SUBJECT:
APPROVAL OF WARRANTS AND WIRES June 12, 2009 THRU June 18, 2009
FROM:
DIANE BERNARDO- FINANCE DIRECTOR
In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of June 12, 2009 to June 18, 2009. Attachment: DB:MS
3
CHECKS WRITTEN
CHECKNBR 234620 234621 234622 234623 234624 234625 234626 234627 234628 234629 234630 234631 234632 234633 234634 234635 234636 234637 234638 234639 234640 · 234641 234642 234643 234644 234645 234646 234647 234648 234649 234650 234651 234652 234653 234654 234655 234656 234657 234658 234659 234660 234661 234662 234663 234664 234665 234666 234667 234668 234669 234670 234671 234672 234673 234674 234675 234676 234677
CKDATE 6/16/2009 6/16/2009 6/16/2009 6/16/2009 6/16/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009 6/18/2009
VENDOR B/C B/S OF FL ADM FEE IR C HEALTH INSURANCE - TRUST UNIPSYCH BENEFITS OF FL INC SYMETRA LIFE INSURANCE COMPANY STANDARD LIFE INSURANCE EVERGLADES FARM EQUIPMENT CO INC CLEMENTS PEST CONTROL CONTECH CONSTRUCTION PRODUCTS INC PORT CONSOLIDATED INC PARKS RENTAL & SALES INC STURGIS LUMBER & PLYWOOD CO FIRE EQUIPMENT SVC OF ST LUCIE INC PRAXAIR DISTRIBUTION SOUTHEAST LLC JORDAN MOWER INC INDIAN RIVERAUTOPARTSLLC INDIAN RIVERAUTOPARTSLLC TEN-8 FIRE EQUIPMENT INC COPYCO INC DBA IKON OFFICE SOLUTIONS IKON OFFICE SOLUTIONS SCOTTS SPORTING GOODS NORTH SOUTH SUPPLY INC VELDE FORD INC STEWART MINING INDUSTRIES INC -,;;_ER~J-~c_'(;'™_'"'_""""'_ER-,-,:=:;,~~f-:-·
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RESOLUTION 2009-
AN AMENDED RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND RECONSTRUCTING 66TH A VENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS Indian River County is one of the fastest growing counties within the State of Florida; and WHEREAS the continued growth in Indian River County has greatly increased the vehicular traffic within the County Roadway Network; and WHEREAS the increased traffic has greatly impacted the traffic flow on north/south arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on U.S. Highway 1 and other arterial north/south roadways within the transportation network in southern Indian River County th by widening and reconstructing 66 A venue. WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66 th Avenue as a major north/south arterial roadway. WHEREAS the Board of County Commissioners of Indim1 River County, having considered inforn1ation provided by the County Public Works Director has determined that it is necessary and in the public interest to acquire fee simple title in the real property identified as Parcel 112 and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66 th Avenue; and WHEREAS the Board of County Commissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes; and WHEREAS, the Board finds it necessary to mnend its previous resolution for this parcel to provide for a more accurate legal description.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF INDIAN RIVER COUNTY as folJows:
BOARD
OF
COUNTY
1
157
RESOLUTION 2009-
SECTION I. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. · SECTION 2. Indian River County finds it necessary and in the public interest to acquire the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of improving and reconstructing 66 th A venue, including Side Street, Intersection, Sidewalk and Water Retention Pond Improvements in order to provide for the health, safety and welfare of the growing population ofindian River County. SECTION 3. The County Administrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Composite Exhibit "A", in the estate or interest as identified therein, and to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such Eminent Domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statute Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. SECTION 6.
This resolution shall take effect immediately upon its adoption.
This resolution was moved for adoption by Commissioner ______________ and the motion was seconded by Commissioner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and, upon being put to a vote, the vote was as follows:
Chairman Wesley S. Davis Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Conunissioner Gary C. Wheeler
2
158
RESOLUTION 2009-
The Chairman thereupon declared the resolution duly passed and adopted this 7th day of July, 2009.
J. K. Barton, Clerk
INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners
By _ _ _ _ _ _ _ _ _ _ __
By _ _ _ _ _ _ _ _ _ _ __
Attest:
Deputy Clerk
Wesley S. Davis, Chairman
BCC Approved:
Approved as to form and le
PL·
William K. DeBraal Deputy County Attorney
3
159
SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! Composite Exhibit "A"
LOCATION MAP:
NOT TO SCALE OWNER: LAWRENCE J. BROWN & PHYLLIS J. BROWN, HIS WIFE
LEGAL DESCRIPTION:
PARCEL 112
A PORTION OF LAND BEING THE EAST 112.00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1539, PAGE 1453, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, SAID P!,RCEL LYH~G WITHIN TRACT 9, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 29,675 SQUARE FEET OR 0.68 ACRES, MORE OR LESS ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00'08'10" EAST. SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61017-6, FLORIDA ADMINISTRATIVE CODE, />S SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATI RPOSES ONLY AND IS NOT VALID. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A ' / GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PERRY • W E WITH THE PREPARATION OF THE INFORMATION SHOWN PRO ESSl.0 L LAND SURVEYOR AND MAPPER HEREON. NOTE: LANDS SHOWN HEREON WERE NOT tlCENSE NO. 4213, STATE OF FLORIDA ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND DATE: 1/15/07 REV: 4/8/09 BEJ EASEMENTS OF RECORD.
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