HomeMy WebLinkAbout10/06/2009 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 6, 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 OF PROCLAMATION DESIGNATING OCTOBER 4 — 10, 2009 AS
INDIAN RIVER COUNTY FIRE PREVENTION WEEK 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 4 — 10, 2009 AS
MENTAL HEALTH AWARENESS WEEK 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS
NATIONAL ARTS AND HUMANITIES MONTH 3
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF AUGUST 18, 2009 3
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October 6, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. SEBASTIAN INLET STATE PARK - BIENNIAL REPORT OF INDIAN RIVER COUNTY
ENTRANCE FEES AND EXPENSES IS ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES, SEPTEMBER 11, 2009 THRU SEPTEMBER
17, 2009 4
8.B. APPROVAL OF WARRANTS AND WIRES, SEPTEMBER 18, 2009 THRU SEPTEMBER
24, 2009 5
8.C. APPOINTMENT OF LOCAL FAITH -BASED REPRESENTATIVE TO THE CENSUS 2010
COMPLETE COUNT COMMITTEE 5
8.D. PERMISSION TO ADVERTISE FOR PUBLIC HEARING: AN ORDINANCE AMENDING
THE COUNTY CODE OF INDIAN RIVER COUNTY, REQUIRING REGISTERED SEX
OFFENDERS TO NOTIFY TO OPERATORS OF TEMPORARY EMERGENCY SHELTERS 5
8.E. APPROVAL OF RESOLUTION OF SUPPORT FOR THE CITY OF SEBASTIAN TAX
ABATEMENT INITIATIVE 6
8.F. AUTHORIZATION TO ATTEND FGFOA 2009 SCHOOL OF GOVERNMENTAL
FINANCE 6
8.G. WORK ORDER No. 2 (SIDEWALK/SOD) H & D CONSTRUCTION CO, INC.,
FOUNTAINS AT AMBER LAKES SUBDIVISION - RELEASE OF RETAINAGE AND
FINAL PAY 7
8.H. BRIDGE DESIGN ASSOCIATES, INC. WORK ORDER No. 5 AND AMENDMENT NO.
1 FOR BRIDGE CONSTRUCTION PHASE SERVICES FOR 53RD STREET BRIDGE OVER
I.R.F.W.C.D. LATERAL H. CANAL (IRC PROJECT No. 0107-B) RELEASE OF
RETAINAGE 7
8.I. BRIDGE DESIGN ASSOCIATES, INC. WORK ORDER No. 4 FOR BRIDGE
CONSTRUCTION PHASE 56TH PLACE BRIDGE OVER I.R.F.W.C.D. NORTH RELIEF
CANAL (IRC PROJECT No. 0611-B) RELEASE OF RETAINAGE 8
8.J. BRIDGE DESIGN ASSOCIATES, INC. WORK ORDER No. 6 FOR BRIDGE
CONSTRUCTION PHASE SERVICES FOR 16TH STREET BRIDGE OVER I.R.F.W.C.D.
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October 6, 2009
RANGE LINE CANAL (AT 74TH AVENUE) (IRC PROJECT NO. 9920-B) RELEASE
OF RETAINAGE 8
8.K. APPROVAL OF PROFESSIONAL SURVEYING AND MAPPING/GIS SERVICE
AGREEMENTS FOR ANNUAL SURVEYING AND MAPPING/GIS CONTRACT, 2009-
2010 9
8.L. SUPERVISOR OF ELECTIONS 2008/2009 BUDGET AMENDMENT 9
8.M. OSLO ROAD BETWEEN 27TH AVENUE AND OLD DIXIE HIGHWAY, FPL
AGREEMENT TO INSTALL STREET LIGHTS 10
8.N. WORK ORDER NO. 4 (SIDEWALK/SOD) - H & D CONSTRUCTION CO, INC.
ASHLEY LAKES SUBDIVISION 10
8.0. WORK ORDER NO. 3 (SIDEWALK/SOD) - H & D CONSTRUCTION CO, INC., OAKS
OF VERO SUBDIVISION PHASE 2 11
8.P. FINAL PAY TO SCHULKE, BITTLE & STODDARD FOR CONTINUING CONSULTING
SERVICES FOR WORK ORDER NO. 8 FOR ENGINEERING DESIGN, SURVEYING
AND CONSTRUCTION ADMINISTRATION SERVICES FOR SR 60 PHASE 3
IMPROVEMENTS, BID No. 2009027 - UCP #3098 11
8.Q. APPROVAL OF BID AWARD FOR IRC BID NO. 2010008 MOWING AT THREE (3)
WATER TREATMENT PLANTS UTILITIES DEPARTMENT / WATER TREATMENT
DIVISION 12
8.R. APPROVAL OF BID AWARD FOR IRC BID NO. 2010012 ANNUAL BID FOR
TRAFFIC SIGNAL HARDWARE AND WIRE 12
8.S. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL 13
8.T. FINAL PAYMENT (RETAINAGE) TO DUNKELBERGER ENGINEERING AND
TESTING, INC 14
8.U. H.U.D. GRANT FOR SHELTER PLUS CARE GRANT, FLO113C4H090800 14
8.V. RELEASE OF RETAINAGE FOR WORK ORDER NO. MI WITH MALCOLM PIRNIE,
INC. FOR THE MAIN RELIEF CANAL 14
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 15
10. PUBLIC ITEMS 15
10.A. PUBLIC HEARING -NONE 15
10.B. PUBLIC DISCUSSION ITEMS -NONE 15
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October 6, 2009
10.C. PUBLIC NOTICE ITEMS 15
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 13, 2009: 15
10.C.2. NOTICE OF JOINT MEETING OCTOBER 15, 2009: 16
JOINT MEETING WITH CITY OF VERO BEACH CITY COUNCIL AND TOWN OF
INDIAN RIVER SHORES TOWN COUNCIL 16
11. COUNTY ADMINISTRATOR MATTERS -NONE 17
12. DEPARTMENTAL MATTERS 17
12.A. COMMUNITY DEVELOPMENT -NONE 17
12.B. EMERGENCY SERVICES -NONE 17
12.C. GENERAL SERVICES -NONE 17
12.D. HUMAN RESOURCES 17
12.D.1 DISCUSSION - COUNTY ATTORNEY RECRUITMENT/HIRING PROCESS 17
12.E. HUMAN SERVICES -NONE 19
12.F. LEISURE SERVICES -NONE 19
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 19
12.H. RECREATION -NONE 19
12.I. PUBLIC WORKS -NONE 19
12.J. UTILITIES SERVICES 19
12.J.1. WORK ORDER NO. 19 FINAL PAY TO GEOSYNTEC CONSULTANTS, INC. FOR
GROUND WATER ASSESSMENT AND MONITORING PROPOSAL NORTH COUNTY
WATER FACILITY 19
12.J.2. SPOONBILL MARSH - ADDITIONAL BENTHIC INVERTEBRATE SAMPLING 20
12.J.3. SPOONBILL MARSH WETLAND FACILITY - UCP 2785, MASTELLER & MOLER,
INC. ENGINEERING SERVICES, ADDITIONAL ENGINEERING, REVIEW AND
EVALUATION OF SUBSTITUTE MATERIALS USED IN CONSTRUCTION 20
13. COUNTY ATTORNEY MATTERS 21
13.A. OCEAN CONCRETE LAWSUIT 21
13.B. ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVE., JANIE, ELLIS AND
KATHLEEN GREENE, 66TH AVENUE AND 53RD STREET 22
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October 6, 2009
13.C. UPDATED UNCONDITIONAL OFFER FOR PARCEL 134 OWNED BY EVANGELOS
AND ANN ABAZIS, 6800 57TH STREET, VERO BEACH 22
13.D. STIPULATED ORDERS OF TAKE FOR 66TH AVENUE PROPERTY OWNERS
MATTHEW AND HILDA HARBOURT, PARCEL 122, EVANGELOS AND ANN
ABAZIS, PARCEL 134 23
14. COMMISSIONER ITEMS 24
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN -NONE 24
14.B. COMMISSIONER JOSEPH E. FLESCHER 25
14.B.1. RECONSIDERATION OF THE TRACKING STATION BEACH LIFEGUARD POSITION 25
14.C. COMMISSIONER GARY C. WHEELER -NONE 28
14.D. COMMISIONER PETER D. O'BRYAN-NONE 28
14.E. COMMISSIONER BOB SOLARI-NONE 28
15. SPECIAL DISTRICTS AND BOARDS 28
1 5.A. EMERGENCY SERVICES DISTRICT -NONE 28
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 29
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 29
16. ADJOURNMENT 29
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October 6, 2009
JEFFREY K. BARTON
Clerk to the Board
October 6, 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 6, 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, County Attorney William G. Collins II, and Deputy
Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Commissioner Wesley S. Davis, Chairman, delivered the Invocation.
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October 6, 2009
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 4 - 10, 2009
AS INDIAN RIVER COUNTY FIRE PREVENTION WEEK
Commissioner O'Bryan read and presented the Proclamation to Emergency Services
Director John King and Fire Marshall Brian Nolan. Director King thanked the Commission for
acknowledging Fire Prevention Week and Emergency Services Department staff, and relayed the
Department's commitment to providing fire safety services and information to the County's
citizens.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 4- /0, 2009
AS MENTAL HEALTH AWARENESS WEEK
Vice Chairman Flescher read and presented the Proclamation to John Romano, CEO of
New Horizons of Treasure Coast, who thanked the Commissioners for their help and support
over the years.
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October 6, 2009
5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
OCTOBER AS NATIONAL ARTS AND HUMANITIES MONTH
Commissioner Solari read and presented the Proclamation to Executive Director Mary
Jayne Kelly and Board Members Susan Smith, Barbara Hoffman, and Mary Schenkel of the
Cultural Council of Indian River County. Ms. Smith thanked the Commissioners for supporting
the Arts. Commissioner O'Bryan noted that the 2009/2010 Cultural Event Planner was available
in the Chamber lobby, and Ms. Smith advised that it was also available at the Cultural Council
office or on the website at www.cultural-council.org.
The Chairman called a break for photos at 9:19 a.m. and reconvened the meeting at 9:21
a.m., with all members present.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF AUGUST 18, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of August 18, 2009. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Minutes of the Regular Meeting of August
18, 2009, as written.
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October 6, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. SEBASTIAN INLET STATE PARK — BIENNIAL REPORT OF INDIAN RIVER
COUNTY ENTRANCE FEES AND EXPENSES IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
8. CONSENT AGENDA
Commissioner O'Bryan pulled for discussion, Item 8.E.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES, SEPTEMBER 11, 2009 THRU
SEPTEMBER 17, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of September 11, 2009 to
September 17, 2009 as recommended in the memorandum
of September 17, 2009.
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October 6, 2009
8.B. APPROVAL OF WARRANTS AND WIRES, SEPTEMBER 18, 2009 THRU
SEPTEMBER 24, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of September 18, 2009 to
September 24, 2009, as requested in the memorandum of
September 24, 2009.
8.C. APPOINTMENT OF LOCAL FAITH -BASED REPRESENTATIVE TO THE
CENSUS 2010 COMPLETE COUNT COMMITTEE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the appointment of Pastor Buddy Tipton as the local faith -
based representative to the Census 2010 -Complete Count
Committee, as recommended in the memorandum of
September 30, 2009.
8.D. PERMISSION TO ADVERTISE FOR PUBLIC HEARING: AN ORDINANCE
AMENDING THE COUNTY CODE OF INDIAN RIVER COUNTY, REQUIRING
REGISTERED SEX OFFENDERS TO NOTIFY TO OPERATORS OF TEMPORARY
EMERGENCY SHELTERS
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously directed
staff to advertise for a Public Hearing for an Ordinance
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October 6, 2009
amending the County Code to require registered sex
offenders to notify to operators of temporary emergency
shelters, as recommended in the memorandum of
September 22, 2009.
8.E. APPROVAL OF RESOLUTION OF SUPPORT FOR THE CITY OF SEBASTIAN
TAX ABATEMENT INITIATIVE
Commissioner O'Bryan highlighted the County's support for this item, and encouraged
Sebastian residents to vote for the initiative. He felt it was a great economic tool to help the City
of Sebastian, and hoped it would be approved countywide in the November 2010 General
Election.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-159, supporting the City of
Sebastian's Tax Abatement Initiative.
8.F. AUTHORIZATION TO ATTEND FGFOA 2009 SCHOOL OF GOVERNMENTAL
FINANCE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
authorized the County Administrator to attend the
Intermediate/Advanced portion of the 2009 FGFOA
School of Governmental Finance in St. Petersburg,
Florida, November 18 to November 20, 2009, as
recommended in the memorandum of September 21, 2009.
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October 6, 2009
8.G. WORK ORDER No. 2 (SIDEWALK/SOD) H & D CONSTRUCTION CO, INC.,
FOUNTAINS AT AMBER LAKES SUBDIVISION — RELEASE OF RETAINAGE
AND FINAL PAY
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
Contract Change Order No. 1 and payment of H & D
Construction Co., Inc. Contractor's Application for
Payment No. 2 in the amount of $31,001.80 for full and
final payment of Work Order No. 2, as recommended in
the memorandum of September 1, 2009.
8.H. BRIDGE DESIGN ASSOCIATES, INC. WORK ORDER No. 5 AND
AMENDMENT NO. 1 FOR BRIDGE CONSTRUCTION PHASE SERVICES FOR
53RD STREET BRIDGE OVER I.R.F. W. C D. LATERAL H. CANAL (IRC
PROJECT No. 0107--B) RELEASE OF RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
05-623/CR1, dated 08/03/09 in the amount of $3,088.30
and Invoice No. 05-623/AR1, dated 08/03/09 in the
amount of $150.00 for release of retainage for Work Order
No. 5 and Amendment No. 1, as recommended in the
memorandum of September 25, 2009.
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October 6, 2009
8.1. BRIDGE DESIGN ASSOCIATES, INC. WORK ORDER No. 4 FOR BRIDGE
CONSTRUCTION PHASE 56TH PLACE BRIDGE OVER I.R.F. W. C.D. NORTH
RELIEF CANAL (IRC PROJECT NO. 0611-B) RELEASE OF RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
06-625-CR1, dated 08/03/09 in the amount of $3,020.12
for release of retainage for Work Order No. 4, as
recommended in the memorandum of September 25, 2009.
8.J. BRIDGE DESIGN ASSOCIATES, INC. WORK ORDER No. 6 FOR BRIDGE
CONSTRUCTION PHASE SERVICES FOR 16TH STREET BRIDGE OVER
I.R.F. W.C.D. RANGE LINE CANAL (AT 74THAVENUE) (IRC PROJECT NO.
9920-B) RELEASE OF RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
payment of Bridge Designs, Inc. Invoice No. 05-624/C7,
dated 03/03/09, in the amount of $2,311.68 for release of
retainage for Work Order No. 6, as recommended in the
memorandum of September 25, 2009.
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October 6, 2009
8.K APPROVAL OF PROFESSIONAL SURVEYING AND MAPPING/GIS SERVICE
AGREEMENTS FOR ANNUAL SURVEYING AND MAPPING/GIS CONTRACT,
2009-2010
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the fee schedules and Renewal of Professional Surveying
& Mapping/GIS Services Agreements for Annual
Surveying & Mapping/GIS with the following six (6)
firms: (1) Carter Associates, Inc., Vero Beach; (2) Creech
Engineering, Inc., Melbourne; (3) Kimley-Horn & Assoc.,
Inc.; Vero Beach; (4) Masteller, Moler & Reed, Inc., Vero
Beach; (5) Morgan Eklund, Inc., Wabasso; and (6)
Woolpert, Inc., Orlando, and authorized the Chairman to
execute the Agreements, as recommended in the
memorandum of September 22, 2009.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. SUPERVISOR OF ELECTIONS 2008/2009 BUDGET AMENDMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
approved: (1) the use of $13,462 from City election
revenues to fund needed expenditures from the 2008/2009
budget, and (2) the transfer of $100,000 from operating
expenses to salaries, as recommended in the memorandum
of September 29, 2009.
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October 6, 2009
8.M. OSLO ROAD BETWEEN 27TH AVENUE AND OLD DIXIE HIGHWAY, FPL
AGREEMENT TO INSTALL STREET LIGHTS
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
authorized the County Administrator or his designee to
execute the FPL Street Lighting Agreement, thereby
authorizing FPL to proceed with the installation of street
lights along Oslo Road, as recommended in the
memorandum of September 28, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. WORK ORDER No. 4 (SIDEWALK/SOD)- H & D CONSTRUCTION CO, INC.
ASHLEY LAKES SUBDIVISION
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously: (1)
approved Work Order No. 4 for Ashley Lakes
Subdivision, with H & D Construction Co., Inc.,
authorizing the Project, and (2) authorized the Chairman
to execute Work Order No. 4, as recommended in the
memorandum of September 24, 2009.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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October 6, 2009
8.0. WORK ORDER No. 3 (SIDEWALK/SOD) - H & D CONSTRUCTION CO, INC.,
OAKS OF VERO SUBDIVISION PHASE 2
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
Work Order No. 3 and Agreement for Oaks of Vero
Subdivision Phase 2, with H & D Construction Co., Inc.,
authorizing the Project, and (2) authorized the Chairman
to execute Work Order No. 3 and Agreement, as
recommended in the memorandum of September 14, 2009.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.P. FINAL PAY TO SCHULKE, BITTLE & STODDARD FOR CONTINUING
CONSULTING SERVICES FOR WORK ORDER No. 8 FOR ENGINEERING
DESIGN, SURVEYING AND CONSTRUCTION ADMINISTRATION SERVICES
FOR SR 60 PHASE 3 IMPROVEMENTS, BID No. 2009027- UCP #3098
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the total amount of engineering services of $105,292.33
and Final Invoice number 08-123-8 for a total amount of
$8,063.48 ($8,000.00 + $63.48), as recommended in the
memorandum of September 18, 2009.
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October 6, 2009
8.0. APPROVAL OF BID AWARD FOR IRC BID No. 2010008 MOWING AT
THREE (3) WATER TREATMENT PLANTS UTILITIES DEPARTMENT/
WATER TREATMENT DIVISION
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
approved: (1) the Bid Award to Mike's Lawn &
Landscaping 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 1, 2009
through September 30, 2010 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 September 29, 2009.
8.R. APPROVAL OF BID AWARD FOR IRC BID No. 2010012 ANNUAL BID FOR
TRAFFIC SIGNAL HARDWARE AND WIRE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously: (1)
approved the Bid Award to American Wire Group 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
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October 6, 2009
purchase orders for the period of October 1, 2009 through
September 30, 2010 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 September 29, 2009.
8.S. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously: (1)
declared the items listed (on pages 135-139 of the backup)
surplus, and authorized its sale and/or proper disposal; (2)
authorized staff to have the excess equipment delivered to
the City of Vero Beach Purchasing Warehouse located on
Airport Industrial Drive to be sold at public auction at
10:00 a.m. on October 31, 2009; (3) approved and
authorized the County Administrator to execute the
Auction Agreement with Karlin Daniel & Associates, Inc.
The County Attorney's office has approved the Agreement
as to form and legal sufficiency, all as recommended in
the memorandum of September 29, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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October 6, 2009
8.T. FINAL PAYMENT (RETAINAGE) TO DUNKELBERGER ENGINEERING AND
TESTING, INC.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the final payment request by authorizing the release of the
retainage of $2,199.12 to Dunkelberger Engineering and
Testing, Inc., as recommended in the memorandum of
September 29, 2009.
8.U. H.U.D..D. GRANT FOR SHELTER PLUS CARE GRANT, FL 0113C4H090800
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the new Shelter Plus Care Grant, FLO113C4H090800
Grant Agreement with the United States Department of
Housing and Urban Development (HUD), and authorized
the Chairman to execute same, accordingly, as
recommended in the memorandum of September 30, 2009.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.V. RELEASE OF RETAINAGE FOR WORK ORDER No. M1 WITHMALCOLM
PIRNIE, INC. FOR THE MAIN RELIEF CANAL
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
authorized payment of Malcolm Pirnie's final invoice for
release of retainage in the amount of $7,630.18, as
recommended in the memorandum of September 21, 2009.
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October 6, 2009
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING -NONE
10. B. PUBLIC DISCUSSION ITEMS -NONE
10. C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 13, 2009:
A. CHURCH OF GOD BY FAITH'S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR AN EXPANSION TO AN EXISTING PLACE OF WORSHIP
FACILITY (QUASI-JUDICIAL)
B. CONSIDERATION OF PROPOSED AMENDMENTS TO PROVIDE FOR
PERMANENT EXCEPTIONS TO CERTAIN LDRs FOR INDIVIDUAL
DEVELOPMENT PROJECTS: LAND DEVELOPMENT REGULATIONS
CHAPTER 902 (LEGISLATIVE)
C. CONSIDERATION OF PROPOSED AMENDMENT TO THE COUNTY NOISE
AND VIBRATION CONTROL ORDINANCE TO ADDRESS EMERGENCYPOWER
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October 6, 2009
GENERATORS: LAND DEVELOPMENT REGULATIONS CHAPTER 974
(LEGISLATIVE)
10. C.2.
NOTICE OF JOINT MEETING OCTOBER 15, 2009:
JOINT MEETING WITH CITY OF VERO BEACH CITY COUNCIL AND
TOWN OF INDIAN RIVER SHORES TOWN COUNCIL
County Attorney William Collins read the notices into the record.
Chairman Davis's request to invite the City of Fellsmere to the Joint Meeting sparked
discussion among the Commissioners on whether or not it would be appropriate to include
Fellsmere at this time, after which the following action occurred:
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to include the
City of Fellsmere in the Joint Meeting to be held October
15, 2009, 9:00 to 1:00 p.m., at the Indian River State
College Richardson Center.
Commissioner O'Bryan confirmed with Attorney Collins that the City of Fellsmere could
be included in this Joint Meeting.
The Chairman CALLED THE QUESTION and the
Motion Carried. The Board approved to include the City
of Fellsmere in the Joint Meeting with the City of Vero
Beach City Council, the Town of Indian River Shores
Town Council, and the Board of County Commissioners,
to be held October 15, 2009, 9:00 to 1:00 p.m., at the
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October 6, 2009
Indian River State College Richardson Center, to discuss
the possible consolidation of the water and sewer
infrastructure.
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12. B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES
12.D.1. DISCUSSION — COUNTY ATTORNEY RECRUITMENT/HIRING PROCESS
Director of Human Resources Jim Sexton said this item was a follow up to the Board of
County Commission meeting of September 22, 2009, whereby staff was directed to make some
changes to the job posting for the County Attorney position. He told Commissioners that the
changes had been made and asked if the amended job posting was acceptable and whether it
should include contract language; he also wanted the Board to define what the "total
compensation" package would be.
Commissioner Wheeler observed that he had wanted to ask the candidates whether they
would be willing to accept the County Attorney position without a contract.
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October 6, 2009
Director Sexton pointed out that should a candidate agree to accept employment without
a contract, Section 101.06 of County Code, which specifies that all attorneys hired after March
2000 shall be "at will" contract employees, would need to be addressed.
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman Davis, the Board unanimously directed staff
to insert into the job posting for the County Attorney
position, a query regarding whether the applicant would be
willing to accept the County Attorney's position, without
an employment contract.
Director Sexton advised that at this point, there was no need to take any formal action on
whether or not to have the employment contract, and noted that the contract could work in the
Board's favor and did not need to include an extravagant salary and benefits. Director Sexton
recalled that on September 22, 2009, the Board had discussed a "total compensation" range of
$125,000 to $175,000 and he invited Budget Director Jason Brown to brief the Board on what
"total compensation" means within the County.
Director Brown presented a PowerPoint providing three scenarios on the total cost of
salaries and benefits for total salary packages of $125,000, $150,000 and $175,000.
Further discussion ensued among Commissioners and staff regarding base salary and
deferred compensation.
Renee Renzi, Waverly Place, questioned the expenditure of County funds on another
attorney, when one attorney had recently been discharged. Chairman Davis informed her that
the new attorney was a replacement for County Attorney William Collins, who will retire in
March 2010.
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October 6, 2009
It was the Board's CONSENSUS that Director Sexton was
to post the job listing and begin the selection process.
12.E. HUMAN SERVICES -NONE
12. F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.1. PUBLIC WORKS NONE
12.1 UTILITIES SERVICES
12...1. WORK ORDER No. 19 FINAL PAY TO GEOSYNTEC CONSULTANTS, INC.
FOR GROUND WATER ASSESSMENT AND MONITORING PROPOSAL NORTH
COUNTY WATER FACILITY
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized final payment to Geosyntec Consultants, Inc.,
in the amount of $1,023.09, as recommended in the
memorandum of September 18, 2009.
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October 6, 2009
12..1.2. SPOONBILL MARSH - ADDITIONAL BENTHIC INVERTEBRATE SAMPLING
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously: (1)
approved extending the existing contract; (2) approved
and authorized purchase of services with the Florida
Atlantic University, c/o Harbor Branch, Ft. Pierce, FL, in
the amount of $10,303.89 (for Spoonbill Marsh Site); and
(3) authorized the Chairman to execute same as presented,
and as recommended in the memorandum of September
15, 1009.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J. 3. SPOONBILL MARSH WETLAND FACILITY — UCP 2785, MASTELLER &
MOLER, INC. ENGINEERING SERVICES, ADDITIONAL ENGINEERING,
REVIEW AND EVALUATION OF SUBSTITUTE MATERIALS USED IN
CONSTRUCTION
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Engineer's Cost Reimbursement for a total of
$8,525.00, for payment to Masteller and Moler, Inc.
(Spoonbill Marsh Site), and authorized the Chairman to
execute same, as presented, and as recommended in the
memorandum of September 24, 2009.
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October 6, 2009
13. COUNTY ATTORNEY MATTERS
13.A. OCEAN CONCRETE LAWSUIT
Assistant County Attorney George Glenn related that in response to the Petition for Writ
of Certiorari filed by Ocean Concrete regarding the denial of their site plan application extension
request, the Circuit Court had issued an Order for the County Commission to hold a Good Cause
Hearing relative to granting the extension request. He explained that the Order does not become
final if the County requests a rehearing, and that staff has filed a Motion for Rehearing. Attorney
Glenn explained why he thought the Court erred in their judgment and affirmed his belief that
the County acted properly, since you cannot grant an extension for a use that is no longer
permitted. He told the Board that should the County's Motion for Rehearing Request be denied,
the options would be to appeal the decision to the Fourth District Court of Appeals, or hold a
hearing to decide whether good cause exists to grant Ocean Concrete's application extension
request.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to direct the
County Attorney's Office to take an appeal to the Fourth
District Court of Appeals should the Circuit Court deny
the County's Motion for Rehearing, as recommended in
the memorandum of September 30, 2009.
Chairman Davis sought and received affirmation from Attorney Glenn that the above was
the direction he was looking for from the Commission.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed the
County Attorney's Office to take an appeal to the Fourth
District Court of Appeals should the Circuit Court deny
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October 6, 2009
the County's Motion for Rehearing, as recommended in
the memorandum of September 30, 2009.
13.B. ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVE., JANIE, ELLIS AND
KATHLEEN GREENE, 66TH AVENUE AND 53RD STREET
Deputy County Attorney William DeBraal updated the Board on this request to acquire
two parcels of property from Janie, Ellis and Kathleen Greene, to be used as right-of-way along
66th Avenue. He thereafter presented staff's recommendation to approve the purchase at the total
acquisition price of $50,243.50.
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman Davis, the Board unanimously approved the
Agreement to Purchase and Sell Real Estate with Janie E.
Greene, Ellis Greene, and Kathleen Greene, as
recommended in the memorandum of September 25, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. C. UPDATED UNCONDITIONAL OFFER FOR PARCEL 134 OWNED BY
EVANGELOS AND ANNABAZIS, 6800 57TH STREET, VERO BEACH
Attorney DeBraal provided background information on staff's request to purchase the
subject right-of-way from Evangelos and Ann Abazis. He recalled that in February 2009, the
Board had approved an unconditional offer of $28,060, and conveyed that since that time, an
updated appraisal done in June 2009 has placed the value at $33,000. He thereafter requested
that the Board approve the good faith estimate of value and extend an unconditional offer of
$33,000 to the Abazis.
22
October 6, 2009
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously approved an
unconditional offer to purchase the necessary right-of-way
from Evangelos Abazis and Ann Abazis at a price of
$33,000, as recommended in the memorandum of
September 28, 2009.
13.D. STIPULATED ORDERS OF TAKE FOR 66TH AVENUE PROPERTY OWNERS
MATTHEW AND HILDA HARBOURT, PARCEL 122, EVANGELOS AND ANN
ABAZIS, PARCEL 134
Attorney DeBraal presented staff's request to stipulate to the Order of Take for two
parcels owned by Matthew and Hilda Harbourt, and Evangelos and Ann Abazis, respectively,
which are needed for right-of-way for the 66th Avenue Improvement Project. He outlined the
advantages to the Order of Take (presented on page 245 and 246 of the backup), and noted that if
the matter goes to trial and the County's appraiser finds the value of the property below the
current appraised value, and the jury returns with a verdict below the amount deposited under the
terms of the stipulation, the landowners would be required to pay back to the County the
difference between the verdict and the deposit. He said that the Harbourts and the Abazis had
requested that an additional term be included in the stipulation - that the County waive its right to
receive said payback should this occur.
Attorney DeBraal clarified for Chairman Davis that the additional term requested by the
landowners is not currently in the stipulation, but that it would be added if the Board approves
the landowners' request.
County Attorney William Collins was not in agreement with the request of the
landowners.
23
October 6, 2009
Commissioner Solari was also opposed to the additional term requested by the
landowners.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to approve staff's
recommendation, as presented and not inclusive of the
additional term of stipulation requested by the landowners.
Staff provided further clarification on the additional stipulation for Commissioner
Wheeler.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
terms of the stipulation as presented, and not inclusive of
the additional term of stipulation requested by the
landowners; and authorized deposit of the appraised value
of the needed property into the registry of the Court for
property owners Matthew Harbourt and Hilda Harbourt,
and Evangelos Abazis and Ann Abazis.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN -NONE
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October 6, 2009
14. B. COMMISSIONER .JOSEPH E. FLESCHER
14. B.1. RECONSIDERATION OF THE TRACKING STATION BEACH LIFEGUARD
POSITION
Vice Chairman Flescher asked the Board to reconsider its decision to dispense with the
lifeguards at the Tracking Station Beach, which action had been taken because of the reduced
budget. He reported that many citizens objected to the unguarded beach, and recalled that during
the budget hearings for this fiscal year, public safety was determined to be the priority. He also
questioned the cost and time factor of having to call in emergency personnel if the lifeguards are
not on site to handle any emergencies occurring on the beach.
Budget Director Jason Brown used a PowerPoint (copy on file) to outline the key points
of the Ocean Rescue Staffing alternatives for the Tracking Station Beach. He detailed Options
A and B, which would effect estimated cost increases of $91,121 and $42,130 respectively. He
revealed that Option C was revenue neutral and would entail placing three (3) lifeguards at
Treasure Shores and Golden Sands Beaches, with the third lifeguard using an All Terrain
Vehicle (ATV) to transfer between the two beaches as needed. Concluding, Director Brown
reviewed the status quo budget, which had no increase to the budget, and the 2008/2009 budget,
wherein it had cost $110,628 to fully guard the Tracking Station Beach.
Administrator Baird, noting that the County would be facing another difficult budget in
Fiscal Year 2010/2011, encouraged the Board to choose a revenue neutral option, should it
decide to keep open the Tracking Station Beach.
Vice Chairman Flescher favored Option B. He remarked that the $42,130 cost was about
$60,000 less than the $110,628 required to maintain all five beaches with guarded double
coverage, and spoke to the importance of having supervision for the lifeguards with the Official
in Charge.
25
October 6, 2009
Commissioner Wheeler believed that there was plenty of public beach access without the
Tracking Station Beach, and that the maximum protection afforded by having full coverage at
the four (4) other beach parks would protect lives. Furthermore, he did not think it was prudent
to begin withdrawing money from the contingency fund, which was normally reserved for
emergencies.
MOTION WAS MADE by Commissioner Wheeler, to
approve the Status Quo 2009/2010 Budget, having double
coverage at four (4) guarded beaches, and not opening the
Tracking Station Beach. MOTION FAILED for lack of a
SECOND.
Commissioner Solari mentioned that he had attended a meeting of the City Council of
Indian River Shores, where discussions on the Tracking Station Beach had focused on public
safety, the lack of services provided by the County to Indian River Shores, and on tourism. He
said that in view of the City Council's strong statement that they would like their sole beach
covered, he would support Option B; however, he wanted staff to continue exploring for the
future, Option C, with the rotation of the lifeguards.
Commissioner O'Bryan wondered what it would cost to add a part-time lifeguard for 16
hours per week, to be the fourth guard on weekends, when the beach was busier, and Director
Brown advised that the cost would be about $14,000. Commissioner O'Bryan believed the
guards' schedules could be shifted around to accommodate peak swimming times, and voiced
support for Option C, with the addition of a part-time lifeguard to ensure double coverage on the
weekends.
The Board continued to discuss the merits of the various options.
26
October 6, 2009
Chairman Davis suggested that the County, at some point, present to Indian River Shores
the option of their taking over the Tracking Station Beach.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Solari, to approve Option
B, to have full double lifeguard coverage at all five (5)
beaches.
Commissioner Wheeler reiterated his support for Option C, and his opposition to dipping
into the contingency funds this early in the year.
The Chairman CALLED THE QUESTION, and by a 2-3
vote, the MOTION DIED (Commissioners Davis,
O'Bryan and Wheeler opposed).
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, for discussion,
to approve Option C, double coverage at most beaches and
modified double coverage at Treasure Shores and Golden
Sands, with the addition of one (1) part-time lifeguard at
$14,000.
Chairman Davis supported Commissioner O'Bryan's Motion, believing it would give the
County the opportunity to see whether or not Option C was workable.
Joe Martorana, Indian River Shores, related an incident which occurred at the Tracking
Station Beach, showing that emergencies may happen when least expected, and illustrating the
importance of the lifeguards to public safety.
27
October 6, 2009
Bob Johnson, Coral Wind Subdivision, felt that Option C was a good compromise. He
also suggested utilizing volunteers to help staff the beaches.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Wheeler opposed), the Motion
carried. The Board approved Option C, providing double
coverage at most beaches and modified double coverage at
Treasure Shores and Golden Sands, which would split
three (3) lifeguards where there is currently a total of four
(4). The third lifeguard could transfer between the two
locations via an All Terrain Vehicle (ATV) as needed for
backup, with an Official in Charge (OIC) up to two (2)
days a week, depending upon sick and vacation usage, and
the Ocean Rescue Lieutenant and the Ocean Rescue
Captain sitting at a lifeguard station up to five (5) days per
week, with the addition of one (1) part-time lifeguard to be
hired at the cost of $14,000.
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
1 S.A. EMERGENCY SERVICES DISTRICT -NONE
28
October 6, 2009
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
15.C. ENVIRONMENTAL CONTROL BOARD NONE
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 10:48
a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: NOV 1 7 Z009
BCC/MG/2009Minutes
October 6, 2009
Wesley S. Davis, Chairman
29