HomeMy WebLinkAbout10/21/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 21, 2008
1. CALL TO ORDER.........................................................................................1
2. INVOCATION................................................................................................1
3. PLEDGE OF ALLEGIANCE.......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS..............................................................................................................2
5. PROCLAMATIONS AND PRESENTATIONS........................................2
S.A. PRESENTATION OF PROCLAMATIONHONORING THE 50TH YEAR ANNIVERSARY
OF NEW HORIZONS OF THE TREASURE COAST, INC .................................................... 2
S.B. PRESENTATIONBY THE UNITED WAY -LIVE UNITED BYMICHAELKINT,
CHIEF EXECUTIVE OFFICER, AND JENNIFER .TONES, DIRECTOR OF
WORKPLACE AND CORPORATE CiIVING........................................................................2
6. APPROVAL OF MINUTES.........................................................................3
6.A. REGULAR MEETING OFSEPTEMBER 9, 2008...............................................................3
6.A. FINAL BUDGETHEARING OFSEPTEMBER IO, 2008 ....................................................3
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION -NONE ..... 3
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October 21, 2008
8. CONSENT AGENDA.....................................................................................4
8.A. RESOLUTIONSUPPORTING CONSTITUTIONAL AMENDMENT No. 2 -THE
FLORIDA MARm GE PROTECTIONAMENDMENT........................................................ 4
8.B. APPROVAL of WARRANTS AND WiREs - OcT 3 To OCT 9, 2008 ................................. 5
8.C. REQUEST TO ENTER INTO A SUPPLEMENTAL PUBLIC TRANSPORTATIONJOINT
PARTICIPATIONAGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION(FDOT)........................................................................................... 5
8.D. SELECTION OFPROFESSIONAL ENGINEERING FIRMS TO PROVIDE
GEOTECHNICAL SERVICES ONANANNUAL SERVICES CONTRACT, REQUEST
FOR QuALIFICATIONs (R.F.Q.) #20080871 ................................................................6
8.E. FINAL PAYMENT AND RELEASE OFRETAINAGE FOR WORK ORDER NO. VI
WITH MAL COLMPIRNIE, INC. FOR THE MAINRELIEF CANAL POLLUTION
CONTROL FACILITY....................................................................................................... 7
8.F. APPROVAL OFBIDAWARD FOR IRCBID NO. 2009009, ANNUAL BID FOR
INSTRUMENT CONTROL TECH FOR TWO WATER PLANTS, UTILITIES
DEPARTMENT................................................................................................................ 7
8.G. APPROVAL OF BID A WARD FOR IRC BID No. 2008063, UPGRADES AND
MODIFICATIONS TO PUMP STATION ON 3 71H STREET, WIP NO. 472-169000-
09503, UCP #2784........................................................................................................8
8.K APPROVAL OFAGREEMENT FOR PAYMENT OF COSTSASSOCL4TED WITH
CREATION OF THE GIFFORD COMMUNITY CENTER MUNICIPAL SERVICE
BENEFITUNIT...............................................................................................................9
8.I. LOST LAKE SUBDIVISION.............................................................................................. 9
8.J RED FLAG ANTI -IDENTITY THEFT REGULATIONS....................................................10
8.K. APPROVALOFBIDAWARDFORIRCBIDNO..2008077,DEMOLITIONOFFIVE
(5) CONDEMNED STRUCTURESAND ONE(]) COUNTY OWNED STRUCTURE ............ 10
8.L. AWARD OFANNUAL BID FOR ROAD STABILIZATIONMATERL4L BID NO.
2009012, PUBLIC WORKS DEPARTMENT/ROAD AND BRIDGE DIVISION.................11
8.M. AWARD OFBID #200873,17THLANES.W. FROM27THAVENUEToEAST
APPROX. 900 ; 20THAVENUEFROM21STSTREETS W TOI7THLANES W, 17TH
LANES. W. FROM FALCON TRACE PROJECT ENTRANCE TO 20TH AVENUE, IRC
PRoJECTNo. 0803......................................................................................................13
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October 21, 2008
8.N. AMENDMENTNO. 9 TO THE PROFESSIONAL SERVICESAGREEMENT WITH
CARTER ASSOCIATES, INC., 66THAVENUE PAVINGIMPROVEMENTS(4THSTREET
To SR 60), IRCPROJECTNo. 9810...........................................................................13
8.0. APPROVAL OF BID A WARD FOR IRC BID NO. 2009013, ANNUAL BID FOR LIME
ROCKAND/OR COQUINA ROCK, PUBLIC WORKS DEPARTMENT/ROAD AND
BRIDGEDIVISION........................................................................................................14
AGENCIES-NONE.......................................................................................14
10. PUBLIC ITEMS............................................................................................15
I0.A.1. PUBLICHEARING-NONE.................................................................................15
IO.B. PUBLICDISCUSSIONITEMS..............................................................................15
IO.B.I. REQUEST TO SPEAK FROMBRIANHEADYREGARDINGEXPENDITUREOF
OURTAXDOLLARs......................................................................................................15
I0.B.2. REQUEST TO SPEAK FROMEVERETTE BROWNREGARDING 43" AVENUE ............ 15
I0.B.3. REQUEST TO SPEAK FROM JOSEPH PALADIN, PRESIDENT, BLACK SWAN
CONSULTING & ENTITLEMENT, INC..........................................................................17
IO.C. PUBLICNOTICE ITEMS ........................................................................................19
10. C.I. NOTICE OF SCHED ULED PUBLIC HEARINGS:..........................................................19
10.0 I.A. PUBLIC HEARING NOVEMBER 4, 2008: ............................................................... 19
COUNTYINITIATED: REQUEST TOAMEND THE CAPITAL IMPROVEMENTSELEMENT
OF THE COMPREHENSIVE PLAN (LEGISLATIVE)........................................................19
IO.CLB.PUBLICHEARINGNOVEMBER 18,2008: .............................................................. 19
COUNTYINITIATED: REQUEST TO ADOPT THE 2008 INDIAN RIVER COUNTY
COMPREHENSIVE PLANEVAL UATIONAND APPRAISAL REPORT (LEGISLA TIVE) ..... 19
11. COUNTY ADMINISTRATOR'S MATTERS -NONE ............................19
12. DEPARTMENTAL MATTERS.................................................................20
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October 21, 2008
I2.A. COMMUNITYDEVELOPMENT......................................................................................20
12.A.I. CONSIDERATIONOFINDIANRIVER COUNTY TRANSITDEVELOPMENTPLAN
(TDP) MAJOR UPDATE...............................................................................................20
12.B. EMERGENCYSERVICES-NONE...................................................................................21
12. C. GENERAL SER VICES-NONE.........................................................................................21
12.D. HUMANRESOURCES-NONE........................................................................................21
12.E. HUMANSERVICES-NONE............................................................................................21
12.F. LEISURE SERVICES-NONE..........................................................................................21
12.G. OFFICE OF MANAGEMENT AND B UDGET-NONE.......................................................21
12.IL RECREATioN NONE....................................................................................................22
12.L PUBLIC WORKS-NONE................................................................................................22
12.J. UTILITIESSERVICES...................................................................................................22
12..1.1. REUSE MASTER PLANIMPLEMENTA TION, WORKAUTHORIZATION#13 TO
MASTELLER AND MOLER............................................................................................22
19 K@11101Y11'/_"100 90pk•/►l/rW0017. 111L
14. COMMISSIONER ITEMS.........................................................................22
M.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN-NONE........................................22
14.B. COMMISSIONER WESLEYS, DA VIS, VICE CHAIRMAN-NONE...................................22
ADDITION. 14.B.I. REQUEST FOR APPROVAL IN WRITING A LETTER INSUPPORT..... 22
OF THE IRCHISTORICSOCIETY,INC. APPLYING FOR AHISTORICPRESERVATION
GRANT FOR THE CONTINUED OPERATION OF THE MARIAN FELL LIBRARY IN
FELLSMERE................................................................................................................. 23
14. C. COMMISSIONER JOSEPH E. FLESCHER-NONE..........................................................23
14.D. COMMISSIONER PETERD. O' BRYAN-NONE.............................................................23
14.E. COMMISSIONER GARY C. WHEELER-NONE...............................................................23
15. SPECIAL DISTRICTS AND BOARDS....................................................23
15.A. EMERGENCY SERVICESDISTRICT-NONE..................................................................23
I5.B. SoLiD WASTE DISPOSAL DISTRICT............................................................................24
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October 21, 2008
15.B. I. APPROVAL OF MINUTES REGULAR MEETING OFA UGUST 12, 2008 ......................24
15.B.2. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 9, 2008 ..................24
15.B.3. RATE PROPOSAL BY WASTE MANAGEMENT, INC. OF FLORIDA FOR CO -
DISPOSALOPERATIONS..............................................................................................24
15.B. 4. WASTE HA ULING SERVICES FOR THE ENTERPRISE ZONE......................................24
15. C ENVIRONMENTAL CONTROL BOARD..........................................................................24
15. C 1. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 9, 2008 ..................24
15. C2. REPORT OF ACTIVITIES DURING THIRD QUARTER (JULY THROUGH
SEPTEMBER, 2008..
..24
16. ADJOURNMENT.........................................................................................25
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October 21, 2008
October 21, 2008
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, 180127 th Street, Vero Beach, Florida, on
Tuesday, October 21, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley
S. Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Wesley S. Davis led the Pledge of Allegiance to the Flag.
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October 21, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Addition: Item 14.B.1. Request by Vice Chairman Davis to write a letter
supporting the IRC Historic Society, Inc., applying for a Historic Preservation Grant for the
Marian Fell Library.
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATIONHONORING THE 50TH YEAR
ANNIVERSARY OF NEW HORIZONS OF THE TREASURE COAST, INC.
Chairman Bowden read and presented the Proclamation to John Romano, CEO of
New Horizons, who thanked the Commission and County Administrator Joe Baird for supporting
New Horizons.
5. B. PRESENTA TION B Y THE UNITED WAY—LIVE UNITED B Y MICHAEL
KINT, CHIEF EXECUTIVE OFFICER, AND JENNIFER ,TONES, DIRECTOR
OF WORKPLACE AND CORPORATE GIVING
Michael Kint, United Way CEO for Indian River County, introduced his staff and
discussed how the United Way campaign is run in this County. He reviewed some statistics and
divulged that last year's total annual contribution from County employees was $56,704.
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October 21, 2008
Thereafter, he presented a short video about United Way; thanked County staff and the Board;
and related that this year's Public Campaign Kickoff for United Way will be held on November
12, 2008 at the Richardson Center.
6. APPROVAL OF MINUTES
G.A. REGULAR MEETING OF SEPTEMBER 9.2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of September 9, 2008. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Minutes of the Regular Meeting of
September 9, 2008, as written.
G.B. FINAL BUDGET HEARING OF SEPTEMBER 10.2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Final Budget Hearing of September 10, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Final Budget Hearing of September 10,
2008, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REOUIRING BOARD ACTION -NONE
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October 21, 2008
8. CONSENT AGENDA
Commissioner O'Bryan asked to pull for discussion, Items 8.A., 8.I., and 8.K.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda as amended.
8.A. RESOLUTIONSUPPORTING CONSTITUTIONAL AMENDMENT NO. 2 —
THE FLORIDA MARRIAGE PROTECTIONAMENDMENT
Commissioner O'Bryan stated that he had pulled this item for a separate vote.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Bowden, for discussion, to
approve a Resolution supporting Constitutional
Amendment No. 2 - the Florida Marriage Protection
Amendment.
Commissioner Wheeler was opposed to having this type of Resolution on political
questions, which would be voted on a statewide ballot. He believed it was the Board's duty to
provide information and not direction.
Dr. Craig McGarvey urged the Board, as political leaders, to encourage residents
to vote for this Amendment to codify into State law marriage between one man and one woman.
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October 21, 2008
Commissioner Flescher opposed the Resolution, not on its merits, but because he
felt that local government should not influence people's rights to make their choice at the polls.
Chairman Bowden supported the Resolution.
The Chairman CALLED THE QUESTION and by a 2-3
vote (Commissioners Flescher, O'Bryan, and Wheeler
opposed), the Motion FAILED. The Board DENIED the
Resolution supporting Constitutional Amendment No. 2 -
The Florida Marriage Protection Amendment.
8.B. APPROVAL OF WARRANTS AND WIRES— OCT 3 TO OCT 9. 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires issued by the Clerk to the
Board for the time period of October 3, 2008 to October 9,
2008, as requested in the memorandum dated October 9,
2008.
8.C. REQUEST TO ENTER INTO A SUPPLEMENTAL PUBLIC
TRANSPORTATION JOINT PAR TICIPATIONAGREEHENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FD OT)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-172, authorizing the execution of a
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October 21, 2008
Public Transportation Joint Participation Agreement with
the Florida Department of Transportation.
JOINT PARTICIPATION AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. SELECTION OF PROFESSIONAL ENGINEERING FIRMS TO PROVIDE
GEOTECHNICAL SERVICES ONANANNUAL SERVICES CONTRACT,
REQUEST FOR QUALIFICATIONS (R.F.0.) # 20080871
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the selection of the following four (4) firms: AM
Engineering and Testing, Inc., Port St. Lucie;
Dunkelberger Engineering & Testing, Inc., Port St. Lucie;
Ardaman & Associates, Inc., Port St. Lucie; and
Universal Engineering Sciences, Rockledge; and
authorized staff to continue contract negotiations with the
selected firms for the Geotechnical Engineering Services
Continuing Services Contract, as recommended in the
memorandum of October 7, 2008.
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October 21, 2008
8.E. FINAL PAYMENT AND RELEASE OF RETAINAGE FOR WORK ORDER NO.
VI WITH MAL COLM PIRNIE, INC. FOR THE MAIN RELIEF CANAL
POLLUTION CONTROL FACILITY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized payment of Malcolm Pirnie's final invoice for
Work Order VI, in the amount of $15,951.47, as
recommended in the memorandum of October 9, 2008.
8.F. APPROVAL OF BID AWARD FOR IRC BID NO. 2009009, ANNUAL BID
FOR INSTRUMENT CONTROL TECH FOR TWO WATER PLANTS,
UTILITIES DEPARTMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved the Bid Award to Control Systems Design, Inc.,
as the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid; (2)
authorized the Purchasing Division to issue blanket
Purchase Orders for the period of October 21, 2008
through September 30, 2009 with the recommended
bidder; and (3) authorized the Purchasing Manager to
renew this Bid for two (2) additional one (1) year periods
subject to satisfactory performance, Bidder acceptance,
and the determination that renewal of this annual contract
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October 21, 2008
is in the best interest of Indian River County, as
recommended in the memorandum of October 13, 2008.
8.G. APPROVAL of BID A wARD FOR IRC BID No. 2008063, UPGRADES
AND MODIFICATIONS TO PUMP STATION ON 3 71H STREET. WIP No.
472-169000-09503, UCP #2784
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved the Bid Award to Timothy Rose Contracting,
Inc., as the lowest most responsive and responsible bidder,
meeting the specifications as set forth in the Invitation to
Bid; and (2) approved the Sample Agreement and
authorized the Chairman to execute said Agreement after
the required Performance and Payment Bonds, along with
the appropriate Certificate of Insurance, have been
received and once the County Attorney has approved the
Agreement as to form and legal sufficiency, as
recommended in the memorandum of October 14, 2008.
(The letter from the consulting engineer, Joe Schulke of
Schulke, Bittle & Stoddard, LLC, states that the apparent
low bidder, Hinterland Group, Inc., was found to not have
proper licensing in Indian River County and is therefore
disqualified. The second apparent low bid of $159,05600,
from Timothy Rose Contracting, Inc., is $9,05600 (or
6.0301o) more than the budgeted amount. As this bid is a
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October 21, 2008
relatively minimal amount over budget, staff feels that this
is still an acceptable bid and therefore recommends that
the subject bid be awarded to Timothy Rose Contracting,
Inc. as the lowest most responsive and responsible bidder,
meeting the specifications as set forth in the Invitation to
Bid).
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K APPROVAL OFAGREEMENT FOR PAYMENT OF COSTSASSOCIATED
WITH CREATION OF THE GIFFORD COMMUNITY CENTER MUNICIPAL
SERVICE BENEFIT UNIT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agreement with the Property Appraiser and Tax
Collector, and granted authorization for the required
Public Hearings, as recommended in the memorandum of
October 14, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
S.I. LOST LAKE SUBDIVISION
Attorney Collins responded to Commissioner O'Bryan's questions about the Letter
of Credit posted by the original developer of Lost Lake Subdivision, Lost Lake LLC, and
regarding the successor developer, Hiers Properties, L.L.C.
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October 21, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously: (1)
approved the Substitute Contract for Construction of
Required Sidewalk Improvements with Hiers Properties,
L.L.C., and authorized the Chairman to execute same; and
(2) authorized the Chairman to acknowledge the
Assignment of Warranty and Guaranty Agreement, and
Bill of Sale for Required Improvements, as recommended
in the memorandum of October 8, 2008.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. RED FLAG ANTI -IDENTITY THEFT REGULATIONS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Red Flag Policy and Program, in order to be in
compliance with the current Federal regulations, as
recommended in the memorandum of October 13, 2008.
8.K. APPROVAL OF BID AWARD FOR IRCBID NO. 2008077. DEMOLITION
OF FIVE (S) CONDEMNED STRUCTURES AND ONE (I) COUNTY OWNED
STRUCTURE
Commissioner O'Bryan recalled that when this item was discussed in August
2008, the property owners of the condemned structures were advised that they would have a
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October 21, 2008
further opportunity to speak, and he wanted to provide them with that opportunity. None of the
affected property owners were present, so he proceeded to make the Motion.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously: (1)
approved the bid for four structures, located at 9686
Doubloon Drive; 1730 38th Lane; 2406 501h Avenue; and
5285 66th Avenue, be awarded to Southern Majestic
Homes, as the lowest most responsive and responsible
bidder, meeting the specifications as set forth in the
Invitation to Bid and (2) approved the issuance of a
Purchase Order after receipt of the appropriate Certificate
of Insurance, as recommended in the memorandum of
October 14, 2008.
(The two lowest bids were received from contractors not
properly licensed for demolition. The third lowest bidder
did not include asbestos removal in their bid).
8.L. A WARD OF ANNUAL BID FOR ROAD STABILIZATION MATERIAL BID
No. 2009012, PUBLIC WORKS DEPARTMENT /ROAD AND BRIDGE
DIVISION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously:
(1) approved the Bid Award for Items 1 through 5 to H&J
Contracting, Inc. and R.O.D. Logistics, Inc. This dual
award gives the Road and Bridge Division an extra level
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October 21, 2008
of protection in the event one vendor cannot supply the
required quantity of Marl Material (for delivery to Zones
A, B, C, and D and Stabilizer Pick -Up) as needed to
complete a job;
(2) approved the Bid Award for Items 6, 8, and 9 to
R.O.D. Logistics, Inc. and Stewart Mining Ind., Inc. This
dual award gives the Road and Bridge Division an extra
level of protection in the event one vendor cannot supply
the required quantity of Stabilizer Material (for delivery to
Zones A, C, and D) as needed to complete a job;
(3) approved the Bid Award for Items 7 and 10 to R.O.D.
Logistics, Inc. and Dickerson Florida, Inc. This dual
award gives the Road and Bridge Division an extra level
of protection in the event one vendor cannot supply the
required quantity of Stabilizer Material (for delivery to
Zone B and Stabilizer Pick -Up) as needed to complete a
job;
(4) authorized the Purchasing Division to issue blanket
Purchase Orders for the period of October 1, 2008 through
September 30, 2009 with the recommended bidder; and
(5) authorized the Purchasing Manager to renew this bid
for two (2) additional one (1) year periods subject to
satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best
interest of Indian River County, as recommended in the
memorandum of October 15, 2008.
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October 21, 2008
8.M. AWARD OFBID # 200873.1 %THLANES.W. FROM27TRAVENUE TO
EAST APPROX. 9001. 20TH A VENUE FROM 2I ST STREETS W TO 17TH
LANE S. W.. 17TH LANE S. W. FROM FALCON TRACE PROJECT
ENTRANCE TO 20THAVENUE. IRC PROJECT NO. 0803
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
awarding the contract to JW Cheatham, LLC, in the
amount of $1,491,080.40, as recommended in the
memorandum of October 13, 2008.
8.N. AMENDMENT NO.9 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH CARTER ASSOCIATES. INC.. 66THAVENUE PAVING
IMPROVEMENTS NTH STREET TO SR 60). IRC PROJECT NO. 9810
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 9 for engineering services by Carter
Associates, Inc., for a lump sum of $40,480.00, and not to
exceed $600.00 for reimbursable expenses for a total of
$41,080.00, as recommended in the memorandum of
October 14, 2008.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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October 21, 2008
8.0. APPROVAL OFBID AWARD FOR IRCBID NO. 2009013. ANNUAL BID FOR
LIMEROCKAND/OR COQUINA ROCK, PUBLIC WORKS DEPARTMENT/
ROAD AND BRIDGE DIVISION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved the Bid Award to Stewart Mining Industries,
Inc., Dickerson Florida, Inc., and R.O.D. Logistics, Inc.,
as the three lowest and most responsive bidders meeting
the specifications as set forth in the Invitation to Bid; (2)
authorized the Purchasing Division to issue blanket
Purchase Orders for the period of October 21, 2008
through September 30, 2009 with the recommended
bidder; and (3) authorized the Purchasing Manager to
renew this bid for two (2) additional one (1) year periods
subject to satisfactory performance, vendor acceptance,
and the determination that renewal of this annual bid is in
the best interest of Indian River County, as recommended
in the memorandum of October 15, 2008.
(Staff recommends awarding this bid as a multiple award
using availability, pricing and mileage to determine the
lowest cost at the time of need).
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
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October 21, 2008
10. PUBLIC ITEMS
10.A.1. PUBLIC HEARING -NONE
10.B. PUBLICDISCUSSIONITEMS
10.B.I. REQUEST TO SPEAK FROMBRIANHEADYREGARDING EXPENDITURE
OF OUR TAX DOLLARS
Brian Heady, Vero Beach, spoke on the need to watch tax dollars, and to provide
incentives for energy conservation and other companies to remain/locate in the County. He
declared that the widening of 43rd Avenue would be costly to taxpayers, and would not
necessarily enhance the community or neighborhood. Concluding, Mr. Heady suggested
allowing individuals making home renovations to have the increased value for ad valorem
taxation, phased in over a period of years.
NO ACTION REQUIRED OR TAKEN.
10.B.2. REQUEST TO SPEAKFROMEVERETTE BROWNREGARDING 43RD
A VENUE
Everette Brown, 4236 1 ld' Street, asked the Board to become pro -active in
bringing the 43rd Avenue road widening project to some type of conclusion. Some of his
concerns were: (1) negative impacts experienced by the Homeowners along 43rd Avenue; (2)
some homeowners had not received their statutory rights pursuant to Resolution 139; (3)
temporary construction easement is too close to his home and septic tank; and (4) County
documents varied from 70 to 100 feet as to the right-of-way needed on Mr. Brown's easement.
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October 21, 2008
Commissioners, staff, and Mr. Brown engaged in detailed discussion and debate
regarding the notification processes; the difficulty of the 43rd Avenue Road Project, which had
required redesign several times; and the need for the Public Works Department to address its
entire right-of-way acquisition process to ensure a seamless process.
Administrator Baird assured Mr. Brown that he and staff would meet with him to
discuss the right-of-way discrepancies which were of concern. He also told Mr. Brown that the
County was going to try to work around his maintenance easement, such that acquisition would
not be necessary.
Mr. Brown asked the Board to consider whether or not the County was fiscally
capable of completing the 43rd road project, and if not, he wanted to have it removed from the
agenda completely, so no stigma would be attached to the homes along 43rd Avenue. He wanted
the Board to address his concerns, and agreed, upon Commissioner Wheeler's request, to
forward a list of those matters to the Board.
Commissioner O'Bryan agreed to the necessity to re-examine and streamline the
right-of-way acquisition process, but he also wanted a review of the Capital Improvement
Element to prioritize the road projects which are financially feasible.
Administrator Baird agreed that the list of road projects should be reviewed in light
of the changing financial situation.
NO ACTION REQUIRED OR TAKEN.
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October 21, 2008
1 O. B. 3. REOUEST TO SPEAK FROM JOSEPH PALADIN. PRESIDENT, BLACK
SWAN CONSULTING & ENTITLEMENT, INC.
Joseph Paladin, Black Swan Consulting & Entitlement, Inc., discussed the
importance of finding ways to "kick-start" the economy, such as a temporary across-the-board
reduction in impact fees to boost the economy and attract new businesses. Mr. Paladin believed
that leadership needed to make a strong statement to neighboring communities, where businesses
might be "on the fence", and uncertain as to where to locate.
Community Development Director Bob Keating revealed, pursuant to
Commissioner O'Bryan's query, that the cost for doing an impact fee study would be $27,000
per land use category, such as a drug store or branch bank.
Commissioner O'Bryan was concerned that discounting impact fees from this
point would be a disservice to those businesses that have already paid their fees. He reviewed
data showing that the County had the second (2" d) lowest general millage rate, and the nineteenth
(19th) lowest overall millage rate in Florida. He felt that the County should keep the lowest
possible property taxes as an inducement to businesses, and feared that money would have to be
acquired from property taxes, if it was not collected on the impact fee side.
Assistant Public Works Director Chris Mora provided, for Mr. Paladin, details on
the internal capture rates for business trips.
Director Keating noted that internal capture is not factored into the impact fee
formula. He related that an impact fee payer would have the opportunity to have a traffic
engineer conduct an individual assessment to determine a project -specific impact fee rate.
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October 21, 2008
Commissioner O'Bryan wanted to have some of the trip -generation surveys done,
and learned from Director Keating that there are administrative funds in the impact fees which
would pay for a limited number of studies.
Commissioner O'Bryan pointed out that the County could not legally waive an
individual impact fee, but the Board could vote to pay the fee out of a general fund.
Art Kruger, 7625th 58th Court, urged the Board to put together some type of plan
providing more incentives to retain and attract quality businesses. He noted that many middle-
income people were leaving the County, and he knew of three local businesses who were
considering relocating.
Commissioner O'Bryan asked Mr. Kruger to provide specific information on what
was triggering the companies to consider moving, and on what other counties had to offer that
our County did not. He stated that the County does offer business incentives, and invited Mr.
Kruger to attend today's 3:00 p.m. meeting of the Economic Development Commission.
Mr. Kruger said it was well known in the industry that companies wishing to
relocate often select St. Lucie or Brevard County. He offered to obtain an incentive package
from each of those counties so the Board could see what type of package was being offered.
Further discussion ensued among staff and Board members regarding the
importance of retaining and bringing industry to the County.
Administrator Baird wanted to find out from Mr. Kruger which companies were
considering relocating, to see if there was anything the County could do to help with their needs.
18
October 21, 2008
Commissioner Wheeler suggested that the County conduct a comparison study for
a hypothetical business in Indian River, St. Lucie, and Brevard Counties, to see where a business
could operate less expensively and in a better environment, and to find out in which areas the
County could improve.
NO ACTION REQUIRED OR TAKEN.
The Chairman called a break at 10:45 a. m. and reconvened the meeting at 10:55
a.m., with all members present.
10. C. PUBLIC NOTICE ITEMS
10.C. 1. NOTICE OF SCHEDULED PUBLIC HEARINGS:
10. C. I.A. PUBLIC HEARING NOVEMBER 4, 2008:
COUNTYINITIATED: REOUEST TO AMEND THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN
(LEGISLATIVE)
10. C.I.B.PUBLICHEARING NOVEMBER 18,2008:
COUNTYINITIATED: REOUEST TO ADOPT THE 2008 INDIAN RIVER
COUNTY COMPREHENSIVE PLANEVALUATIONAND APPRAISAL
REPORT (LEGISLATIVE)
The Chairman read the notices into the record.
11. COUNTY ADMINISTRATOR'S MATTERS -NONE
19
October 21, 2008
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT
12.A.1. CONSIDERATION OFINDIANRIVER COUNTY TRANSIT DEVELOPMENT
PLAN (TDP) MAJOR UPDATE
Metropolitan Planning Organization (MPO) Staff Director Phil Matson recapped
the backup memorandum of October 9, 2008, to provide background and information on the
Transit Development Plan (TDP), which is a comprehensive review of the management and
operations of the transit system. Mr. Matson reported that the County, in accordance with state
and federal regulations, and in conjunction with the MPO, must prepare and adopt a Major
Update of its TDP in October of 2008, the final draft of which is up for approval today. He then
introduced Ann Joslin and Rob Gregg, Planning Consultants from the Center for Urban
Transportation Research (CUTR), which organization had assisted with the report.
Rob Gregg, team director for CUTR, via a PowerPoint Presentation (copy on file),
provided a concise overview of the Transit Development Plan, which encompassed the
following:
• Community Profile — Vision — Plans
• Existing System Analysis
• Situation Appraisal
• Service Alternatives — Priorities
• Ten Year Planning Estimates
• Annual Updates
• Goals, Objectives & Policies
• Public Involvement
20
October 21, 2008
Mr. Gregg reported that both the Go -Line and Community Coach had received
excellent customer satisfaction ratings, and he discussed the criteria used for prioritizing
improvements. He pointed out one new recommendation was to move Route 10 in Fellsmere up
to 2013 for improvements. After reviewing Planning Estimates for Fixed Route Costs and
Revenues, he advised the Board that the updated TDP had been approved by the MPO (with the
caveat to move up Route 10 in Fellsmere), and requested adoption of the TDP.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the draft Final Report of the Transit
Development Plan, as recommended in the memorandum
of October 9, 2008.
Commissioner O'Bryan expressed kudos to Mr. Matson for doing a great job and
for his expertise in bringing to the County additional Grant monies.
12.B. EMERGENCY SER VICES -NONE
12.C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
12.E. HUMANSERVICES-NONE
12.F. LEISURE SERVICES -NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE
21
October 21, 2008
12.IL RECREATION -NONE
12.L PuBLic WORKS NONE
12.J. UTILITIES SERVICES
1211. REUSE MASTER PLANIMPLEMENTATION. WORKAUTHORIZATION #13
TO MASTELLER AND MOLER
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order #13 to Masteller and Moler for the
implementation of the final aspects of the Reuse Master
Plan in the amount of $69,634 for Engineering and
Design, and $21,624 for Construction Management
services, as recommended in the memorandum of October
14, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS -NONE
14. COMMISSIONER ITEMS
M.A. COMMISSIONER SANDRA L. BOWDEN. CHAIRMAN -NONE
14.B. COMMISSIONER WESLEYS DA VIS. VICE CHAIRMAN- E -
ADDITION: 14.B. LREOUEST FOR APPROVAL IN WRITING A LETTER INSUPPORT
22
October 21, 2008
OF THE IR C HISTORIC SOCIETY, INC. APPL YING FOR A HISTORIC
PRESERVATION GRANT FOR THE CONTINUED OPERATION OF THE MARIAN
FELL LIBRARY IN FELLSMERE
Vice Chairman Davis said that the letter to Beverly A. Tyson, Executive Director
of the Indian River County Historical Society, Inc., would be almost the same as the previously
submitted November 26, 2007 letter.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
writing a letter in support of the IRC Historical Society,
Inc., identical to the previously submitted November 26,
2007 letter, applying for a Historic Preservation Grant for
the continued operation of the Marian Fell Library in
Fellsmere, as recommended in the memorandum of
October 20, 2008.
14.C. COMMISSIONER JOSEPH E. FLESCHER-NONE
M.D. COMMISSIONER PETER D. O'BRYAN-NONE
14.E. COMMISSIONER GARY C. WHEELER -NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICESDISTRICT--NONE
23
October 21, 2008
15A SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Regular BCC
Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately and appended to this document.
15. B. 1. APPROVAL OF MINUTES REGULAR MEETING OFAUGUST 12, 2008
15. B. 2. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 9, 2008
15. B. 3. RATE PROPOSAL BY WASTE MANAGEMENT, INC. OF FLORIDA FOR CO -
DISPOSAL OPERATIONS
15A 4. WASTE HAULING SERVICES FOR THE ENTERPRISE ZONE
B.C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately and appended to
this document.
15. C.1. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 9. 2008
15.C2. REPORT OFACTIVITIES DURING THIRD OUARTER (JULY THROUGH
SEPTEMBER. 2008)
24
October 21, 2008
M
`'d
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
12:01 p.m.
ATTEST:
CD �'
By: C,
Jeffrey K7795�rton, Clerk
Minutes Approved:
BCC/MG/2008Minutes
October 21, 2008
DEC 16 2008
Wesley S. Davis, Vic�an
For Sandra L. Bowden, Chairman
25
X 136 PS 061