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, NOVEMBER 17, 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 District 1 Joseph A. Baird, County Administrator Joseph E. Flescher, Vice Chairman District 2 William G. Collins II, County Attorney Gary C. Wheeler District 3 Jeffrey K. Barton, Clerk to the Board Peter D. O’Bryan District 4 Bob Solari District 5 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Reverend Dawn Reichard Christ by the Sea United Methodist Church 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O’Bryan ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS November 17, 2009 Page 1 of 6 5. PROCLAMATIONS and PRESENTATIONS PAGE A. Presentation of Proclamation Designating November 22 – 28, 2009 as Christian Heritage Week in Indian River County 1 B. Presentation of Proclamation Designating the Month of November, 2009, as National Adoption Awareness Month 2 6. APPROVAL OF MINUTES A. Regular Meeting of September 22, 2009 B. Regular Meeting of October 6, 2009 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION None 8. CONSENT AGENDA A. Approval of Warrants and Wires October 30, 2009 to November 5, 2009 (memorandum dated November 5, 2009) 3-9 B. Annual Signatories Resolution (memorandum dated November 9, 2009) 10-16 C. Request to Approve a One-Year Contract Extension with The Conservation Fund for Professional Services Relating to the County Environmental Lands Program (memorandum dated November 5, 2009) 17-32 rd th th D. 43 Avenue, 12 Street to 18 Street Road Improvements Temporary Construction Easement Acquisition 1586 43rd Avenue Kevin Irby (memorandum dated November 3, 2009) 33-39 E. IRCBCC Subrogation Claim / Reimbursement due to IRCBCC (memorandum dated November 9, 2009) 40-43 F. Mark’s Mobile Under Ground Fuel Tanks GeoSyntec Consultants Work Order #22 (memorandum dated November 9, 2009) 44-63 November 17, 2009 Page 2 of 6 8. CONSENT AGENDA PAGE G. Work Order No. 12 (Engineering/Surveying), Masteller, Moler, Reed and Taylor, Inc. – Full and Final Pay, 66th Avenue Roadway Improvements Row Acquisitions, 53rd Street Boundary Survey Lewis Parcel No. 168 (memorandum dated November 5, 2009) 64-65 H. Renewal of Professional Geotechnical Services Agreement 2009-2010 (memorandum dated October 29, 2009) 66-89 I. Providing Geotechnical Services for Oslo Road Improvements east of US Hwy 1, Universal engineering Sciences, Inc. work Order No. 2, IRC Project #0381 (memorandum dated November 4, 2009) 90-102 J. Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. (memorandum dated October 27, 2009) 103-131 K. IRC Sheriff’s Administration Underground Fuel Tanks GeoSyntec Consultants work Order #21 Increase Budget Amount (memorandum dated November 5, 2009) 132-135 th rd th L. 12 Street Sidewalk Project (from 43 Ave to 27 Ave) Project #0604, Bid Number 2008080 – Sheltra & Son Construction Co., Inc. Payment Application No. 4 and Reduction of Retainage (memorandum dated November 6, 2009) 136-141 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. SR 60 Vero LLC. Request to Rezone 19.98 acres from Rm-6 to RM-8 (memorandum dated November 4, 2009) 142-165 Quasi-Judicial 2. Ordinance Requiring Registered Sex Offenders to Notify to Operators of Temporary Emergency Shelters (memorandum dated November 6, 2009) 166-170 Legislative November 17, 2009 Page 3 of 6 10. PUBLIC ITEMS 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 Gordon Michael Regarding Dedication of Portion of SR60 to Corporal Richard Raczkoski 171 C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing December 1, 2009: Shell Lane East a Portion of Summerplace, Petition Sewer Service, Indian River County Project No. UCP-4039 (memorandum dated November 6, 2009) 172 Administrative 2. Notice of Scheduled Public Hearing December 1, 2009: Proposed Ordinance to Create a New Gifford Community Center MSTU (memorandum dated November 9, 2009) 173 Legislative 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None D. Human Resources None E. Human Services None November 17, 2009 Page 4 of 6 12. DEPARTMENTAL MATTERS PAGE F. Leisure Services None G. Office of Management and Budget None H. Recreation None I. Public Works 1. Staff Update – Sector 3 Beach Renourishment Project (no back-up) J. Utilities Services 1. Electric Resolution and Scope of Authority of Utility Advisory Committee (memorandum dated November 9, 2009) 174 2. Request for Qualifications (RFQ) for a Consultant on the Consolidation of Utilities (memorandum dated November 9, 2009) 175-185 13. COUNTY ATTORNEY MATTERS th A. Necessity of Take Resolution for parcel of property located at 6816 49 Street, Linda Britcher, Parcel 142 (memorandum dated November 5, 2009) 186-192 14. COMMISSIONERS ITEMS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Joseph E. Flescher, Vice Chairman None C. Commissioner Gary C. Wheeler None November 17, 2009 Page 5 of 6 14. COMMISSIONERS ITEMS PAGE D. Commissioner Peter D. O’Bryan None E. Commissioner Bob Solari 1. Economic Development and Strategic Goals Summit II (memorandum dated November 9, 2009) 193 2. Recommended Electric Resolution (memorandum dated November 9, 2009) 194-197 15. SPECIAL DISTRICTS AND BOARDS A. 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. November 17, 2009 Page 6 of 6 PROCLAMATION 5A DESIGNATING NOVEMBER 22 - 28, 2009 AS CHRISTIAN HERITAGE WEEK IN INDIAN RIVER COUNTY _Vlff-lERE;A~. during tb~ s~§SQQ ancJ i11 _tt:le spirit 9f Than~sgLviog, it is right ano jw~t Jg recognize the contributions and sacrifices of our Founding Fathers; and WHEREAS, the preamble of the Constitution of the State of Florida provides: "We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all .... "; and WHEREAS, the Constitution of the State of Florida guarantees the free exercise of religion. NOW, THEREFORE, BE IT PROCLAIMED by the Board of County Commissioners of Indian River County, Florida, that the week of November 22 - 28, 2008 be known, designated, and set aside as CHRISTIAN HERITAGE WEEK in Indian River County, in reQognition of the American Family Association's contribution to the quality of life in Indian River County. Adopted this 17th day of November, 2009. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA ~~£i:;., GaryC. W PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER, 2009, AS NATIONAL ADOPTION AWARENESS MONTH WHEREAS, there are numerous children in our County waiting for adoptive families; and WHEREAS, nearly all of these children have special needs because of physical, mental or emotional disabilities, because they must be placed with siblings, because they are children of color or because they are school-aged; and WHEREAS, these children need extra patience and support to help them overcome previous hardship; and WHEREAS, all children have the right to a forever family; and WHEREAS, families are able and willing to adopt children who have special needs; and WHEREAS, it is important to stress that a disability, low income or being single does not disqualify individuals from adopting; and WHEREAS, children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support. NOW, THEREFORE, BE IT PROCLAIMED by the Indian River County Board of County Commissioners that the month of November, 2009, be designated as NATIONAL ADOPTION AWARENESS MONTH in Indian River County. In honor of this event, we encourage community agencies, religious organizations, business and others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families. Adopted this 1ih day of November, 2009. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis Peter D. O'Bryan Gary C. Wheeler Joseph E. Flescher Bob Solari CLERK OF CIRCUIT COURT INTEROFFICE MEMORANDUM TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: November 5, 2009 SUBJECT: APPROVAL OF WARRANTS AND WIRES October 30, 2009 to November 5, 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.