HomeMy WebLinkAbout10/20/2009 (3)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 20, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS -NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION BY DAVID DANGERFIELD ON ANNUAL INDIAN RIVER COUNTY
FIREFIGHTERS' CHILI COOK -OFF 2
5.B. PRESENTATION OF PROCLAMATION HONORING THE BRACKETT LIBRARY 2
5.C. PRESENTATION OF PROCLAMATION HONORING FRIENDS OF ST. SEBASTIAN
RIVER 20TH ANNIVERSARY 3
6. APPROVAL OF MINUTES -NONE 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
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October 20, 2009
7.A. APPOINTMENT OF DISTRICT 1 APPOINTEE TO THE UTILITIES ADVISORY
COMMITTEE 3
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 2, 2009 TO OCTOBER 7, 2009 4
8.B. RESOLUTION CANCELLING TAXES ON PROPERTY PURCHASED FOR 31ST AVENUE
RIGHT-OF-WAY FROM KEN AND LAURA MCKELLAR 4
8.C. SNACK BAR DEPOSIT REFUND 5
8.D. DECLARE ADDITIONAL EXCESS EQUIPMENT SURPLUS FOR SALE OR PROPER
DISPOSAL 5
8.E. TEMPORARY RENT RELIEF FOR ROSEMARY'S CAFE 5
8.F. RENEWAL OF PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT 2009-
2010 6
8.G. AUTHORIZE AMBULANCE TRADE-IN 7
8.H. FINAL PAYMENT TO DERRICO CONSTRUCTION CORPORATION, INC. AND
RELEASE OF RETAINAGE FOR SAN SEBASTIAN SPRINGS SUBDIVISION WATER
ASSESSMENT PROJECT, UCP No. 3014, W.I.P. No. 473-169000-08502, BID
NUMBER 2008072 7
8.I. SR 60 FROM 66TH AVENUE TO 84TH AVENUE CONFLICT RESOLUTION WITH
FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS, FINAL
PAY TO MASTELLER & MOLER, INC. FOR ENGINEERING DESIGN, SURVEYING
AND CONSTRUCTION ADMINISTRATION SERVICES, UCP #3026 8
8.J. FINAL PAY TO BOYLE ENGINEERING CORPORATION FOR ENGINEERING DESIGN
SERVICES FOR COLLEGE LANE 16" WATER MAIN - UCP #3085 8
8.K. INTER -FUND BORROWING 8
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 9
10. PUBLIC ITEMS 9
10.A. PUBLIC HEARING 9
10.A.1. COUNTY INITIATED REQUEST TO REDESIGNATE ± 16.22 ACRES LOCATED AT
7770 JUNGLE TRAIL, FROM L-1, LOW-DENSITY RESIDENTIAL -1 (UP TO 3
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October 20, 2009
UNITS/ACRE), TO C-1, CONSERVATION -1 DISTRICT (ZERO DENSITY), AND
REZONE THOSE ± 16.22 ACRES FROM A-1, AGRICULTURAL -1 DISTRICT (UP TO 1
UNIT /5 ACRES), TO CON -1, CONSERVATION -1 DISTRICT (ZERO DENSITY); AND
REDESIGNATE ± 47.25 ACRES LOCATED AT 800 GARDENIA STREET, FROM C-2,
CONSERVATION -2 DISTRICT (UP TO 1 UNIT/40 ACRES), AND C-3,
CONSERVATION -3 DISTRICT (UP TO 1 UNIT/2.5 ACRES), TO C-1,
CONSERVATION -1 DISTRICT (ZERO DENSITY), AND REZONE THOSE ± 47.25
ACRES FROM A-1, AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT / 5 ACRES), AND
CON -2, CONSERVATION -2 DISTRICT (UP TO 1 UNIT /40 ACRES), TO CON -1,
CONSERVATION -1 DISTRICT (ZERO DENSITY) 9
10.B. PUBLIC DISCUSSION ITEMS 11
1 0.B.1 . REQUEST TO SPEAK FROM DEE KYLES, PRESIDENT, INDIAN RIVER JAGUARS
REGARDING RENTAL FEE FOR GIFFORD FOOTBALL FIELD 11
10.C. PUBLIC NOTICE ITEMS 12
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING NOVEMBER 3, 2009: 12
510, LLC REQUEST TO ABANDON A SEGMENT OF 86TH STREET BETWEEN 47TH
AVENUE AND CR510 IN WABASSO (ROW -10-01-01/2007050003- 64541). THIs
REQUEST IS SIMILAR TO A REQUEST CONSIDERED BY THE BOARD AT ITS
AUGUST 18TH 2009 MEETING (LEGISLATIVE) 12
11. COUNTY ADMINISTRATOR MATTERS -NONE 12
12. DEPARTMENTAL MATTERS 12
12.A. COMMUNITY DEVELOPMENT 12
12.A.1. CONSIDERATION OF TREASURE COAST HOMELESS SERVICES COUNCIL AND
INDIAN RIVER COUNTY HOUSING AUTHORITY AGREEMENTS FOR
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAMMATIC SERVICES 12
12.B. EMERGENCY SERVICES -NONE 14
12.C. GENERAL SERVICES -NONE 14
12.D. HUMAN RESOURCES -NONE 14
12.E. HUMAN SERVICES -NONE 14
12.F. LEISURE SERVICES -NONE 15
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October 20, 2009
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 15
12.H. RECREATION -NONE 15
12.I. PUBLIC WORKS -NONE 15
12.1.1. RIGHT-OF-WAY ACQUISITION, CR510 PROJECT #0610, 85TH STREET (CR510), A
PART OF PARCEL I.D. #31-38-36-00001-0000-00005.0 (LOCATED ON THE
SOUTH SIDE OF 85TH STREET (CR510), BETWEEN 75TH COURT AND 66TH
AVENUE), OWNER: PATRICIA A. MAYS TRUST, PATRICIA A. MAYS, TRUSTEE 15
12.I.2. FLEET MANAGEMENT PRIVATIZATION OF VEHICLE AND EQUIPMENT PARTS
MANAGEMENT AND SUPPLY 16
12.I.3. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 20
12.J. UTILITIES SERVICES 22
12.J.1. SHELL LANE EAST A PORTION OF SUMMERPLACE PETITION SEWER SERVICE -
INDIAN RIVER COUNTY PROJECT NO. UCP 4039 22
12.J.2. AMENDMENT NUMBER 3 TO CONTINUING CONSULTING SERVICES WORK
ORDER NO. 4 WITH MASTELLER & MOLER INC. FOR ENGINEERING SERVICES
FOR CONVERSION OF LATERAL G FORCE MAIN TO REUSE MAIN - UCP No.
2830 22
13. COUNTY ATTORNEY MATTERS 23
13.A. ACQUISITION OF RIGHT-OF-WAY ALONG CR 510, ESTATE OF SOL MILLER 23
14. COMMISSIONER ITEMS 24
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN 24
14.A.1. APPOINTMENT TO TOURIST DEVELOPMENT COUNCIL 24
14.B. COMMISSIONER JOSEPH E. FLESCHER-NONE 25
14.C. COMMISSIONER GARY C. WHEELER -NONE 25
14.D. COMMISIONER PETER D. O'BRYAN-NONE 25
14.E. COMMISSIONER BOB SOLARI-NONE 25
15. SPECIAL DISTRICTS AND BOARDS 25
15.A. EMERGENCY SERVICES DISTRICT -NONE 25
15.B. SOLID WASTE DISPOSAL DISTRICT 25
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October 20, 2009
15.B.1. FINAL PAY FOR WORK ORDER NO. 1 TO BROWN AND CALDWELL FOR
ENGINEERING SERVICES RELATED TO THE EXPANSION OF THE FELLSMERE
CUSTOMER CONVENIENCE CENTER 25
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 25
16. ADJOURNMENT 26
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October 20, 2009
JEFFREY K. BARTON
Clerk to the Board
October 20, 2009
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, October 20, 2009. Present were Chairman Wesley S. Davis, Vice Chairman Joseph E.
Flescher, Commissioners Peter D. O'Bryan, Bob Solari, and Gary C. Wheeler. Also present
were County Administrator Joseph A. Baird, Deputy County Attorney William DeBraal, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff's Office, delivered the Invocation.
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October 20, 2009
3. PLEDGE OF ALLEGIANCE
Commissioner Gary C. Wheeler led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION BY DAVID DANGERFIELD ON ANNUAL INDIAN RIVER
COUNTY FIREFIGHTERS' CHILI COOK -OFF
David Dangerfield and Karen Mechling described two events which will occur at
Pointe West: The International Fest-of-Ale & Fine Cuisine on Friday, November 13, 2009 from
5:00-9:00 p.m., and the Indian River County Firefighters Chili Cook -off on Saturday, November
14, 2009 from 4:00 — 9:00 p.m.
After discussion among Commissioners, Mr. Dangerfield, and Mrs. Mechling, it was
decided to open the Chili Cook -off to additional divisions, such as other governmental units and
County departments, and to have the Chairman send a letter challenging the different Mayors to
the event. Administrator Baird offered to post information about the event on the County's
website, with a link to the Indian River County Firefighters' website, www.ircffa.org.
5.B. PRESENTATION OF PROCLAMATION HONORING THE BRACKETT LIBRARY
Chairman Solari read and presented the Proclamation to Dr. Profeta, Indian River State
College (IRSC) Associate Dean of Learning Resources; Dr. Sullivan, IRSC Provost, Mueller
Center; Mary Snyder, Director of Library Services; Tom Frame, General Services Director;
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October 20, 2009
Debbie Collins, Casting Support and Community Relations Manager for Disney Resort; Julaine
Ivy (accepting for Ann Decker, Executive Director of IRSC Foundation); and Bob and Sandy
Brackett. Ms. Ivy announced that the Brackett Library Dedication Ceremony will be held on
Tuesday, October 27, 2009 at 1:00 p.m.
5.C. PRESENTATION OF PROCLAMATION HONORING FRIENDS OF ST.
SEBASTIAN RIVER 20"ANNIVERSARY
Commissioner O'Bryan read and presented the Proclamation to two representatives of the
Friends of St. Sebastian River, Tim Glover, President; and Buzz Hermann, Board member. Mr.
Glover invited the Commissioners and the public to the Friends of St. Sebastian River 20th
Anniversary Celebration/Oktoberfest to be held on Saturday, October 24, 2009 at Dale Winbrow
Park from 3:00 — 6:00 p.m.
6. APPROVAL OF MINUTES -NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. APPOINTMENT OF DISTRICT 1 APPOINTEE TO THE UTILITIES AD VISOR Y
COMMITTEE
Noted for the record was the appointment of Al Minner as the District 1 Appointee to the
Utilities Advisory Committee; his term will expire in 2010. He replaces Mr. Mark Grossman.
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October 20, 2009
8. CONSENT AGENDA
Commissioner O'Bryan pulled for discussion, Item 8.E Temporary Rent Relief for
Rosemary's Cafe.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 2, 2009 TO OCTOBER 7,
2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of October 2, 2009
to October 7, 2009, as recommended in the memorandum
of October 7, 2009.
8.B. RESOLUTION CANCELLING TAXES ON PROPERTY PURCHASED FOR 31ST
A VENUE RIGHT-OF-WAY FROM KEN AND LAURA MCKELLAR
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-162, cancelling certain taxes
upon publicly owned lands, pursuant to Section 196.28,
Florida Statutes.
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October 20, 2009
8.C. SNACK BAR DEPOSIT REFUND
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved to refund the security deposit of $1,000.00 to
April Norman (for Sandridge Golf Club Snack Bar), as
recommended in the memorandum of October 11, 2009.
8.D. DECLARE ADDITIONAL EXCESS EQUIPMENT SURPLUS FOR SALE OR
PROPER DISPOSAL
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved listed items (as listed on page 28 of the backup)
surplus and authorized its sale and/or proper disposal at
the public auction to be held on October 31, 2009 at the
City of Vero Beach Purchasing/Warehouse located on
Airport Industrial Drive, Vero Beach, Florida, as
recommended in the memorandum of October 13, 2009.
8.E. TEMPORARY RENT RELIEF FOR ROSEMARY'S CAFE
Chairman Davis sought legal opinion on whether he could vote on this matter because his
aunt, Betty Nobles, is the operator of Rosemary's Cafe. Deputy County Attorney William
DeBraal advised that the Florida Statutes does not define the relationship of "aunt" to constitute
a conflict of interest.
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October 20, 2009
Commissioner Solari requested clarification on the provision in staff's recommendation
to have an audit of Rosemary's Cafe in June 2010.
Administrator Baird explained that an in-house audit would be conducted by County
Management and Budget Director Jason Brown, and Clerk of the Circuit Court's Finance
Director Diane Bernardo.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
authorized a twelve-month extension to the rent relief for
Rosemary's Cafe commencing from October 1, 2009 and
ending September 30, 2010, with an audit occurring at the
end of June 2010, such that the Board could, at the
conclusion of the audit, make a determination of action to
occur as of the end of the rent relief period ending
September 30, 2010, as recommended in the memorandum
of October 13, 2009.
8.F. RENEWAL OF PROFESSIONAL CIVIL ENGINEERING SERVICES
AGREEMENT 2009-2010
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved and authorized the Chairperson to execute the
Renewal of Professional Civil Engineering Services
Agreements for Annual Civil Engineering Services as
follows: (1) Arcadis G & M, Inc., West Palm Beach,
Florida; (2) Carter Associates, Inc., Vero Beach, Florida;
(3) Kimley-Horn & Associates, Inc., Vero Beach, Florida;
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October 20, 2009
and (4) McMahon & Associates, Inc., Palm Beach
Gardens, Florida; as recommended in the memorandum
of October 12, 2009.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. AUTHORIZE AMBULANCE TRADE-IN
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized the trade-in on the purchase of the new
ambulance, as recommended in the memorandum of
October 12, 2009.
8.H. FINAL PAYMENT TO DERRICO CONSTRUCTION CORPORATION, INC. AND
RELEASE OF RETAINAGE FOR SAN SEBASTIAN SPRINGS SUBDIVISION
WATER ASSESSMENT PROJECT, UCP No. 3014, W.I.P. No. 473-169000-.
08502, BID NUMBER 2008072
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the total project (San Sebastian Springs Water
Assessment) construction cost of $499,633.30 and
approved Application for Payment No. 9 — Final as final
payment to the Contractor, Derrico Construction
Corporation, Inc., in the amount of $24,981.67, as
recommended in the memorandum of September 28, 2009.
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October 20, 2009
8.1. SR 60 FROM 66111 AVENUE TO 84THAVENUECONFLICT RESOLUTION WITH
FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS,
FINAL PAY TO MASTELLER & MOLER, INC. FOR ENGINEERING DESIGN,
SURVEYING AND CONSTRUCTION ADMINISTRATION SERVICES, UCP
#3026
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved: (1) the total amount of consulting services of
$107,517.50; and (2) Final Invoice number 0773LB-6 for
a total amount of $399.20, as recommended in the
memorandum of October 8, 2009.
8.J. FINAL PAY TO BOYLE ENGINEERING CORPORATION FOR ENGINEERING
DESIGN SERVICES FOR COLLEGE LANE 16" WATER MAIN — UCP #3085
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved: (1) the total amount of engineering services of
$20,000 for College Lane 16" Water Main, and (2)
Application for Payment No. 2 FINAL for a total amount
of $1,000.00, as recommended in the memorandum of
September 30, 2009.
8.K. INTER -FUND BORROWING
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
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October 20, 2009
approved inter -fund borrowing as necessary to cover any
cash deficits of individual funds that may occur, as
recommended in the memorandum of October 14, 2009.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. COUNTY INITIATED REQUEST TO REDESIGNATE ±16.22 ACRES
LOCATED AT 7770 JUNGLE TRAIL, FROM L-1, LOW-DENSITY
RESIDENTIAL -1 (UP TO 3 UNITS/ACRE), TO C-1, CONSERVATION -1
DISTRICT (ZERO DENSITY), AND REZONE THOSE .±16.22 ACRES FROMA-
1, AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5 ACRES), TO CON -1,
CONSERVATION -1 DISTRICT (ZERO DENSITY); AND REDESIGNATE f 47.25
ACRES LOCATED AT 800 GARDENIA STREET, FROM C-2, CONSERVATION -
2 DISTRICT (UP TO 1 UNIT/40 ACRES), AND C-3, CONSERVATION -3
DISTRICT (UP TO 1 UNIT/2.5 ACRES), TO C-1, CONSERVATION -1 DISTRICT
(ZERO DENSITY), AND REZONE THOSE if 47.25 ACRES FROMA-1,
AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5 ACRES), AND CON -2,
CONSERVATION -2 DISTRICT (UP TO 1 UNIT/40 ACRES), TO CON -1,
CONSERVATION -1 DISTRICT (ZERO DENSITY)
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October 20, 2009
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating provided description and conditions
on the County -initiated request to change the land use designation and zoning of two County -
owned properties, Subject Property 1, the Jones Pier Conservation Area; and Subject Property 2,
the Cypress Bend Community Preserve (formerly known as Russell Grove River Buffer), to
Conservation. After conveying the Planning & Zoning Commission's recommendation for
Board approval of the proposed Comprehensive Plan Amendments and Rezonings, Director
Keating presented staff's recommendation for approval, based on the analysis included on pages
66-68 of the backup.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, sought and received clarification from Director
Keating on amending land use designations and zonings for Conservation lands purchased by the
County through Bond Referendum.
There being no further speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
adopted Ordinance 2009-018, amending the future land
use map by changing the land use designation for:
A. Approximately 16.22 acres located at 7770
Jungle Trail approximately 2 miles south of CR
510 from L-1, Low -Density Residential -1 District
(up to 3 units/acre), to C-1, Conservation -1
District (0 units/acre); and
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October 20, 2009
B. Approximately 47.25 acres located at 800
Gardenia Street from C-2, Conservation -2
District (1 unit/40 acres), and C-3, Conservation -
3 District (1 unit/2.5 acres), to C-1,
Conservation -1 District (0 units/acre);
and providing codification, severability, and
effective date.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously adopted
Ordinance 2009-019, amending the Zoning Ordinance
and the accompanying Zoning Map for:
A. Approximately 16.22 acres located at 7770
Jungle Trail approximately 2 miles south of CR
510 from A-1, Agricultural -1 District (up to 1
unit/5 acres), to Con -1, Conservation -1 District
(0 units/acre); and
B. Approximately 47.25 acres located at 800
Gardenia Street from CON -2, Conservation -2
District (up to 1 unit/40 acres), and A-1,
Agricultural -1 District (up to 1 unit/5 acres), to
CON -1, Conservation -1 District (0 units/acre);
and providing codification, severability, and
effective date.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM DEE KYLES, PRESIDENT, INDIAN RIVER
JAGUARS REGARDING RENTAL FEE FOR GIFFORD FOOTBALL FIELD
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October 20, 2009
This item was withdrawn.
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING NOVEMBER 3, 2009:
510, LLC REQUEST TO ABANDON A SEGMENT OF 86TH STREET BETWEEN
47THAVENUE AND CR510IN WABASSO (ROW -10-01-01/2007050003-
64541). THIS REQUEST IS SIMILAR TO A REQUEST CONSIDERED BY THE
BOARD AT ITS AUGUST 18TH 2009 MEETING (LEGISLATIVE)
Deputy County Attorney William DeBraal read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF TREASURE COAST HOMELESS SERVICES
COUNCIL AND INDIAN RIVER COUNTY HOUSING AUTHORITY
AGREEMENTS FOR NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMMATIC
SERVICES
Community Development Director Robert Keating used a PowerPoint presentation to
provide description and conditions of the Neighborhood Stabilization Program (NSP)
Community Development Block Grant (CDBG), which has two main objectives: stabilizing
neighborhoods where foreclosed properties are not being maintained, and providing affordable
housing for qualified households. He said that in accordance with one of the Program's
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October 20, 2009
requirements, a Request for Proposal (RFP) was issued to seek one or more non-profit
organizations to partner with the County in the Program's implementation, and that acceptable
proposals were received from the Treasure Coast Homeless Services Council, Inc. and the Indian
River County Housing Authority. He thereafter described the responsibilities, goals, and
objectives for each of the partnering Organizations, and sought Board approval of the
Agreements with the two aforementioned non -profits.
Director Keating addressed Board questions and comments regarding the amount of
Grant funds which would be expended on the actual purchase, and on the repair and
rehabilitation of the bank -owned properties; whether the property would be secured by a
mortgage; the deed restrictions which would be held by the County on certain properties; and the
percentage of the Grant funds which would be allocated to administrative fees.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to approve
staff s recommendation, with the four points outlined on
page 98 of the backup.
Mr. Johnson asked about the location of the homes which were to be purchased for the
Program. Director Keating affirmed that the homes would be in Indian River County, and
explained why the County had not yet selected the properties.
Louise Hubbard, Executive Director of the Treasure Coast Homeless Services Council,
expressed her appreciation for the extraordinary level of cooperation she received from the
Community Development Director and staff; Commissioners (particularly Vice Chairman
Flescher and Commissioner Solari); and Tom Tierney, Esquire, from the firm of Rossway,
Moore & Taylor. She observed that the monthly rent collected by the Agency would not be
sufficient to maintain the properties appropriately, and that the Treasure Coast Homeless
Services Council was only capable of committing to the Project because it has the potential to
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October 20, 2009
secure additional funding to maintain the properties and stabilize the neighborhoods. She
reminded Commissioners that the Agency's goal is to identify properties that would be
appropriate for its clients.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved: (1) the
proposed Agreement with the Indian River County
Housing Authority for programmatic services related to
the County's Neighborhood Stabilization Program
Community Development Block Grant; (2) the proposed
Agreement with the Treasure Coast Homeless Services
Council (TCHSC) for programmatic services related to the
County's Neighborhood Program Community
Development Block Grant; (3) authorized the Community
Development Director to make modifications to the
Agreement that may be required by the Florida
Department of Community Affairs (DCA); and (4)
authorized the Chairman to execute the Agreements, as
recommended in the memorandum of October 12, 2009.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
12.E. HUMAN SERVICES -NONE
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October 20, 2009
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.1. PUBLIC WORKS NONE
12.1.1. RIGHT-OF-WAY ACQUISITION, CR510 PROJECT #0610, 85TH STREET
(CR510), A PART OF PARCEL I.D. #31-38-36-00001-0000-00005.0
(LOCATED ON THE SOUTH SIDE OF 85TH STREET (CR510), BETWEEN 75TH
COURT AND 66TH AVENUE), OWNER: PATRICIA A. MAYS TRUST, PATRICIA
A. MAYS, TRUSTEE
Public Works Director Christopher Mora used a PowerPoint presentation (copy on file) to
present description and conditions of staff's request to acquire the right-of-way located on the
south side of CR 510 (85th Street), east of 75th Court, for the County Road 510 Widening Project.
Director Mora noted that there were no appraisal or other fees, but the County would pay the
$2,000 attorney fee if Mrs. May exercises her right to have counsel review the Purchase
Agreement. Director Mora thereafter conveyed staff's recommendation to approve the
Agreement as presented, with the total acquisition package of $267,212, including the $2,000
attorney fee.
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman Davis, the Board unanimously approved the
Agreement as presented, with the total acquisition package
of $267,212, including the $2,000 attorney fee, and
authorized the Chairman to sign the Purchase and Sale
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October 20, 2009
Agreement with Patricia A. Mays as Trustee of Patricia A.
Mays Trust u/a/d/ March 31, 2005.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.2. FLEET MANAGEMENT PRIVATIZATION OF VEHICLE AND EQUIPMENT
PARTS MANAGEMENT AND SUPPLY
Director Mora provided description, conditions, and analysis on the investigation into
privatizing the parts management and supply operations of the County's Fleet Management
Division. He reported that the lone respondent to the County's Request for Proposal was
NAPA/Indian River Auto Parts, LLC. After evaluating the cost comparison charts on staffing
and parts (pages 115 and 116 of the backup), he revealed that the County's current system of
shopping multiple vendors for parts would end up saving between 9% and 25% over the NAPA
proposal, and that the County's current staffing system costs slightly less than the NAPA
proposal. He thereafter recommended the County keep the current County -run parts
management and supply operation.
Vice Chairman Flescher spoke to the economic benefits, both to the County and to the
business community, of Fleet Management's current practice of purchasing supplies from local
vendors, and commended the management of Fleet Services for obtaining the best values to the
taxpayers. He saw no reason to not continue with current operations.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Solari, to approve staff's
recommendation and keep the current County -run parts
management and supply operation.
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October 20, 2009
John Crane, representing Integrated Business Solutions and Genuine Parts
Company/NAPA Auto Parts, had assisted with the Request For Proposal for Mr. Tomberg of
NAPA. He indicated that the comparison figures used by the Public Works staff were incorrect
because they were obtained from a counterperson who was not privy to the contract pricing, and
not from the respondents to the RFP. He described what would be the advantages of the County
utilizing his Program, and believed that further information should be obtained from the
appropriate representatives of NAPA, prior to the Board making its decision.
Discussion ensued as Commissioners, staff, and Mr. Crane offered their viewpoints on
whether the cost comparisons presented by staff accurately reflected the prices and the benefits
that could be realized by utilizing the NAPA Program.
Commissioner Wheeler wanted to see staff and the NAPA representatives review the
pricing together, and return to the Board.
Penny Chandler, Indian River County Chamber of Commerce, expressed concern about
NAPA's contention that they had not been given the opportunity for dialogue and
communication with the County, and agreed with Commissioner Wheeler that a meeting
between NAPA and County staff would be beneficial.
Chairman Davis mentioned that he had visited NAPA' s Fleet Management facility in the
City of Bartow in Polk County, and that staff seemed satisfied with the service, although that did
not mean it would be the best option for Indian River County.
Commissioner Wheeler voiced that the bottom line is the cost, and he did not feel
comfortable deciding who can provide the best service at the lowest cost, if staff and NAPA have
not held negotiations.
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October 20, 2009
Staff and Mr. Tomberg of NAPA debated whether County staff had met with NAPA
representatives to discuss pricing and the program.
James Cole, CARQUEST Auto Parts, a local competitor of NAPA, suggested it would
be fair to reopen the entire bid process; he was opposed to giving NAPA the opportunity to
renegotiate.
Mr. Crane declared that NAPA was not renegotiating, the company just wanted the
opportunity to explain the program and how it works, and to clear up any questions.
Commissioners and staff agreed that NAPA was not being provided an opportunity to
renegotiate, but rather to engage in dialogue with the County.
The Chairman CALLED THE QUESTION, and by a 2-3
vote (Commissioners Davis, O'Bryan, and Wheeler
opposed), the Motion DIED. The Board DENIED staff's
recommendation to keep the current County -run parts
management and supply operation.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to direct staff to
meet with NAPA representatives and report back to the
Board in November 2009.
Director Mora said that he would come up with a new list of parts and obtain the NAPA
counter and contract prices (the latter from NAPA representatives), then price those same parts
with the other parts suppliers, such as CARQUEST, and thereafter bring the new price listing
back to the Board.
18
October 20, 2009
Joseph Paladin, Black Swan Consulting, conveyed his reasons for preferring to remain
with the County's current Fleet Management system.
Referencing those items which are not NAPA products, Mr. Cole believed that, with the
10% markup NAPA adds to its pricing, that the County would have to see a very substantial
savings on products for the Program to provide a cost -savings.
Mr. Crane provided further details on the NAPA Program, explaining that they had
national contracts which allowed them to price some of the equipment outside the NAPA family,
at less cost than what the County currently pays. He clarified that the NAPA Program is more
than a parts bid, it is a contracted parts management bid. Responding to Commissioner
O'Bryan's question, he indicated that parts costs are identical for Florida businesses in the
NAPA National Program.
In discussion, the Board decided to get comparison contract pricing from the City of
Bartow, and directed staff to obtain said pricing, as well as to compare costs on specialty items
which the County has purchased, from the City of Bartow.
Director Mora affirmed that he would check with Polk County on the pricing and would
meet with local NAPA representatives to clear up any discrepancies, and return to the Board.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed staff to
meet with NAPA representatives and report back to the
Board in November 2009.
The Chairman called a break at 10:56 a.m. and reconvened the meeting at 11:09 a.m,
with all members present.
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October 20, 2009
12.1.3. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT
Public Works Director Chris Mora reported that Ranger Construction, Inc. was working
with three upland sand source mines to procure new samples of a coarser grade sand, which will
be required for certain areas of the beach, and which will be turned over to Coastal Technology,
Inc. to rebuild and remodel the beach fill templates.
Coastal Resource Manager Jonathan Gorham reminded Commissioners that any beach
restoration activities must cease by May 1St, the start of turtle nesting season. He provided an
overview of two different timelines for permit issuance using the upland sand sourcing. With the
first timeline, the County would receive final permitting by April 15, 2010, which would not
allow enough time to comply with the May 1st deadline. For the second timeline, Dr. Gorham
highlighted some specific areas and steps where additional time could be gained, with the help of
the Legislative Delegation and the cooperation of the Permitting Agencies, with a goal towards a
final date of permit issuance of March 1, 2010. He pointed out that the second timeline, while
not guaranteed to be doable, would be required in order to commence beach construction this
year.
Staff responded to Commissioner Solari's questions on whether it would be physically
possible to get enough sand on the beach within the time constraints of the Project.
William Wells, 8800 44th Avenue, voiced his concerns about the poor condition of the
beach by Sea Oaks, and asked the Board to consider that some people are in danger of losing
their homes due to erosion.
Wendy Trimarche, Doubloon Drive, told Commissioners she had lost about three (3)
feet of sand in front of her home yesterday. She was concerned about what would happen if the
County does not get its permit in time to do the Sector 3 Beach Renourishment Project this year.
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October 20, 2009
Staff and Commissioner O' Bryan addressed Ms. Trimarche's concerns.
William Troxell, 916 Orchid Point Way, Town of Orchid Council Member and
representative to the Beach and Shores Preservation Committee, read into the record the Town of
Orchid's Resolution 2009-07 (copy on file), adopted on October 19, 2009, and pertaining to the
Sector 3 Beach Renourishment Project and the area of beach fronting the Town of Orchid
consisting of Monument R34, R35, and R36. Reading from the aforementioned document, Mr.
Troxell conveyed the disappointment of the Town of Orchid that due to the use of upland sand,
"...the Town's beach and shoreline at Monument R34 would be penalized 88.6% of its
renourishment volume..." and presented the Town's request that... "any application of
renourishment sand to Sector 3 beaches include the full complement of sand..."
Further discussion ensued on gaining the support of the local U.S. Fish and Wildlife
Bureau. Also mentioned was the cooperation of Ranger Construction, Inc., and the sand miners,
who have worked to filter the appropriate grade of sand from their mines, and who are willing to
have the sand utilized where appropriate, even if the sand is not apportioned in equal amounts.
Commissioner O'Bryan noted that Coastal Technology consultant Michael Walther
would be evaluating the different sands and bringing back a recommendation next week.
Louise Schmidt, Condominium owner in the North Beach area, said that nearby
homeowners are in desperate shape, and begged the Commissioners to get the Project done.
Commissioners Wheeler and Davis encouraged residents to notify their State legislators
and request their support.
No Board Action Required or Taken
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October 20, 2009
12..1 UTILITIES SERVICES
12....1. SHELL LANE EAST A PORTION OF SUMMERPLACE PETITION SEWER
SERVICE — INDIAN RIVER COUNTY PROJECT No. UCP 4039
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman Davis, the Board unanimously authorized
engineering design of Indian River County Project No.
UCP 4039, for Petition Sewer Service at Shell Lane East
(a portion of Summerplace), with Schulke, Bittle &
Stoddard, engineering consultants, and authorized the
Chairman to execute Work Order No. 12 in preparation
for the special assessment project, as recommended in the
memorandum of September 29, 2009.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12...2. AMENDMENT NUMBER 3 TO CONTINUING CONSULTING SERVICES WORK
ORDER No. 4 WITH MASTELLER & MOLER INC. FOR ENGINEERING
SERVICES FOR CONVERSION OF LATERAL G FORCE MAIN TO REUSE
MAIN— UCP No. 2830
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute Amendment
Number 3 to Work Order No. 4 with Masteller and Moler,
Inc., for an additional amount of $16,485.00 for
engineering services, bringing the new total amount for
22
October 20, 2009
Work Order Number 4 to $148,075.00, as recommended
in the memorandum of October 2, 2009.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. ACQUISITION OF RIGHT-OF-WAY ALONG CR 510, ESTATE OF SOL MILLER
Deputy County Attorney William K. DeBraal updated the Board on this request to
purchase two parcels needed for the CR 510 (85th Street) Roadway Improvement Project. He
explained that the property had been owned by Sol Miller, whose heirs had never gained clear
title to the property, and that Michael Swan of the firm of Rossway, Moore and Taylor was
representing the Miller Estate to secure clear title for the County. Attorney DeBraal thereafter
presented staff's recommendation that the Board approve the contract for purchase of the Estate
of Sol Miller parcels, for the total acquisition package of $45,435.00, which includes the
purchase price of $38,000 for both properties, plus $6,000 in attorney fees for both lots, and
filing and recording fees of $1,435.00.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the contract with Altamease Martin Hayes,
Deborah Jefferson, Solomon Benjamin Rue, Blondell
Brinson Williams, Clyde Clifford Brinson, and Dorothy
Miller Rue for purchase of the Estate of Sol Miller parcels.
While all of the heirs' signatures are not attached to the
Agreement to cut down on paper use, Attorney Michael
Swan states that he has all eight heirs' signatures and all
heirs will sign the deeds into the County, all as stated and
recommended in the memorandum of October 14, 2009
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October 20, 2009
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN
14.A.1. APPOINTMENT TO TOURIST DEVELOPMENT COUNCIL
Chairman Davis requested that the County Commissioners consider for appointment to
the Tourist Development Council the following individuals: Ursula Gunter, Renee Lynne Page,
and Charlie Wilson.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Wheeler, to nominate
Ursula Gunter for the position on the Tourist Development
Council.
A brief discussion ensued among Commissioners and staff regarding the qualifications
and eligibility of two of the candidates, Ursula Gunter, and Renee Lynne Page.
MOTION WAS MADE by Commissioner O'Bryan to
nominate Renee Lynne Page. There was no SECOND and
the Motion FAILED.
Chairman Davis CALLED FOR A VOTE on the
nomination for the position on the Tourist Development
Council. The Board, by a 4-1 vote (Commissioner
O'Bryan opposed) accepted the nomination, and appointed
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October 20, 2009
Ursula Gunter to the position on the Tourist Development
Council.
14. B. COMMISSIONER JOSEPH E. FLESCHER-NONE
14.C. COMMISSIONER GARY C. WHEELER -NONE
14.D. COMMISIONER PETER D. O'BRYAN-NONE
14.E. COMMISSIONER BOB SOLARI-NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Regular Board of
County Commission Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately.
15.B.1. FINAL PAY FOR WORK ORDER No. 1 TO BROWN AND CALDWELL FOR
ENGINEERING SERVICES RELATED TO THE EXPANSION OF THE
FELLSMERE CUSTOMER CONVENIENCE CENTER
15.C. ENVIRONMENTAL CONTROL BOARD -NONE
25
October 20, 2009
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 11:59
a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: DEC 1 5 2009
BCC/MG/2009Minutes
October 20, 2009
26
Wesley S. Davis, Chairman