HomeMy WebLinkAbout01/22/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 22, 2008
1. CALL TO ORDER......................................................................................................1
2. INVOCATION.............................................................................................................1
3. PLEDGE OF ALLEGIANCE.....................................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS-
NONE............................................................................................................................2
5. PROCLAMATIONS AND PRESENTATIONS......................................................2
S.A. PLAQUE OF RECOGNITION FROM THE DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCYMANAGEMENTAGENCYFOR INDIANRIVER COUNTY'S
PARTICIPATIONAND OUTSTANDING PERFORMANCE IN THE NATIONAL FLOOD
INSURANCE PROGRAM COMMUNITYRATING SYSTEM ............................................... 2
S.B. REPORT OFIMPACT FEE TASK FORCE BY CHAMBERS OF COMMERCE AND
TREASURE COAST B UILDERS ASSOCIATION IMPACT FEE REPORT .......................... 2
6. APPROVAL OF MINUTES.......................................................................................5
A. SPECIAL CALL MEETING -MINING MORATORIUM ORDINANCE, JANUARY 7,
2008............................................................................................................................. 5
7. CONSENT AGENDA..................................................................................................6
January 22, 2008 1
7.A. APPROVAL of WARRANTs - JANUARY 4 -10, 2008 ................................................... 6
7B. DORI SLOSBERGDRIVER EDUCATIONSAFETYACT, INDIANRIVER COUNTY
TRAFFICEDUCATIONPROGRAM TRUST FUND.......................................................... 6
7C. OUT OF COUNTY TRAVEL TO ATTEND THE TREASURE COAST LEGISLATIVE
CONFERENCE IN TALLAHASSEE................................................................................. 7
7D. 2008 ELECTION OF UTILITYADVISORY COMMITTEE CHAIRMANAND VICE
CHAIRMAN................................................................................................................... 7
7E. 2008ELECTIONOFECONOMICDEVELOPMENT COUNCIL (EDC) CHAIRMAN
ANDVICE CHAIRMAN................................................................................................. 7
7.F. 2008 ELECTION OFPLANNINGAND ZONING COMMISSION (P&Z) CHAIRMAN
ANDVICE CHAIRMAN................................................................................................. 8
7G. ANNUAL CERTIFICATIONAND ANNUAL REPORT OF COMPLL4NCE WITH
FLORIDA STATUTES SECTION 119.071(5) .................................................................. 8
7H. DRAINAGE EASEMENT TO UNITED PARCEL SERVICE ............................................... 9
7I. APPROVALOFBIDAWARD ANDSAMPLEAGREEMENTFORIRCBID#2008020
VERO LAKE ESTATES MASTER PLAN WATER MAINPHASE H- UCP #2958,
UTILITIES DEPARTMENT............................................................................................ 9
7J. APPROVAL TO MOVE FORWARD WITHMODSPACE WITH THE REMOVAL OF
MODULARS................................................................................................................10
7K. AS BUILT RESOLUTION & ASSESSMENT ROLL FOR PAVINGAND DRAINAGE
IMPROVEMENTS TO 32VD A VENUE SW FROM 15TH STREET SW TO 13TH PLACE
SW IN GROVENOR ESTATES SID, IRCPROJECT #03-127 ...................................... 10
7L. AWARD OFBID #2008013, OSLO ROAD CLEARING, 31ST AVENUE SW TO 43"
AVENUE AND43"AVENUE CLEARING, 6TH PLA CESWToSouTHRELIEF
CANAL........................................................................................................................ 11
7M. WORK ORDER No. 4 (ENGINEERING/SURVEYING) FULL & FINAL PAY,
KIMLEY-HORNAND ASSOCL4TES, INC., DISNEYPARCEL - CR510, BOUNDARY
SURVEY... . ... . ... . ... . .. . . ... . ... . ... . ... . ... . .. . . .. . . .. . . .. . . ... . ... . ... . ... . .. . . ... . .. . . ... . ... . ... . ... . ... . .. . . ... . .. . . .. 11
7N. REQUEST TO REJECT BIDS FOR UTILITYMOWING CONTRACT ............................... 12
70. ADDITIONAL EXCESS EQUIPMENT TO DECLARE SURPLUS FOR SALE OR
DISPOSAL, GENERAL SERVICES/PURCHASING DIVISION ........................................ 12
January 22, 2008 2
7.P. WORK ORDER NO. 2 (ENGINEERING/SURVEYING), FINAL PAY & RELEASE OF
RETAINAGE, MASTELLER, MOLER, REED, AND TAYLOR, INC., CR 512 PHASE 4
- DESIGN/TOPOGRAPHIC SURVEY- TREE LOCATIONS ........................................... 13
7.Q. REQUEST PERMISSION TO ADVERTISE FOR A PUBLIC HEARING TO ADOPT AN
ORDINANCE TO AMEND SECTION 201.08.H OF THE CODE AND TO AMEND THE
RATE RESOL UTION TO COMPLY WITH NEW FLORIDA LAW ON COLLECTION OF
SOCIAL SECURITYNUMBERS.................................................................................... 13
7.R. CHANGE ORDER #4 - GREAT LAKES DREDGE AND DOCK COMPANY, SECTORS 1
& 2 BEACHRESTORATION........................................................................................ 14
7S. NOTICE OF LIMITATION OF USE/SITE DEDICATION FOR NORTH SEBASTIAN
CONSERVA TION AREA............................................................................................... 14
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES-
NONE..........................................................................................................................15
9. PUBLIC ITEMS.........................................................................................................15
9.A. PUBLICHEARINGS..............................................................................................15
9.A.1. PUBLIC HEARING TO ADOPT AN ORDINANCE TO DESIGNATE AN OFFICIAL
COUNTYSEAL (LEGISLATIVE)
15
9.B. PUBLIC DISCUSSION ITEMS-NONE.................................................................................19
9.C. PUBLIC NOTICE ITEMS-NONE.........................................................................................19
10. COUNTY ADMINISTRATOR MATTERS............................................................19
10.A. 2008 AMERICAN CANCER SOCIETY CITRUS GALA & CATTLE BARON'S BALL....... 19
11. DEPARTMENTAL MATTERS.............................................................................19
H.A. COMMUNITYDEVELOPMENT-NONE......................................................................... 19
II.B. EMERGENCYSERVICES-NONE................................................................................. 20
January 22, 2008 3
11. C. GENERAL SERVICES-NONE....................................................................................... 20
II.D. HUMANRESOURCES-NONE...................................................................................... 20
H.E. HUMANSERVICES-NONE.......................................................................................... 20
H.F. LEISURESERVICES-NONE........................................................................................20
I L G. OFFICE OF MANAGEMENT AND B UDGET-NONE..................................................... 20
II.H. RECREATION-NONE.................................................................................................. 20
ILL PUBLIC WORDS-NoNE.............................................................................................. 20
II..L UTILITIES SERVICES.................................................................................................20
II..I I. CHANGE ORDER No. 3 TO IRC CONTRACT 2006012 WITH POOLE AND KENT
COMPANY OF FLORIDA, ING FOR THE EXPANSION OF THE NORTH RO PLANT..... 20
II.J 2. AMENDMENT NO. 2 TO WORK ORDER No. 2 WITH CAMP DRESSER AND
MCKEE, INC. FOR ENGINEERING SERVICES TO RELOCATE THE BIOSOLIDS
DEWATERING FACILITY TO THE Co uNTY LANDFILL SITE ...................................... 21
12. COUNTY ATTORNEY MATTERS-NONE...........................................................22
13. COMMISSIONERS ITEMS.....................................................................................22
13.A COMMISSIONER SANDRA L. BowDEN, CHAIRMAN -NONE ...................................... 22
13.B. COMMISSIONER WESLEYS. DA VIS, VICE CHAIRMAN ............................................ 23
1. MODIFYRESOLUTION2O03-12SESTABLISHINGTHE AGRICULTUREADVISORY
COMMITTEE............ .... .... .... .... ................ .... .... .... .... ................ .... .... .... .... ................ ... 23
13. C. COMMISSIONER JOSEPH E. FLESCHER-NONE........................................................ 23
13.D. COMMISSIONER PETER D. O'BRYAN....................................................................... 24
1. SEA TURTLE LIGHTING WORKSHOP AND SEA GRAPE GIVE -A- WAY ............................ 24
13.E. COMMISSIONER GARY C. WHEELER-NONE............................................................. 24
14. SPECIAL DISTRICTS AND BOARDS................................................................24
14.A. EMERGENCY SER VICES DISTRICT-NONE................................................................ 24
14.B. SOLID WASTE DISPOSAL DISTRICT.......................................................................... 24
January 22, 2008 4
14.B.1. WORK ORDER No. 14 TO GEOSYNTEC CONSULTANTS, INC. FOR
ENGINEERING SERVICES WITH THE 2008 COMPLIANCE MONITORING &
GENERAL TECHNICAL ASSISTANCE......................................................................... 25
14.B.2. SOLID WASTE DISPOSAL DISTRICT CUSTOMER CONVENIENCE CENTERS.......... 25
14. C. ENVIRONMENTAL CONTROL BOARD-NONE............................................................. 25
15. ADJOURNMENT....................................................................................................25
January 22, 2008 5
January 22, 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, 1801 27th Street, Vero Beach, Florida, on
Tuesday, January 22, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley
S. Davis, 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
Rabbi Michael Birnholz, Temple Beth Shalom, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher led the Pledge of Allegiance to the Flag.
January 22, 2008 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PLAQUE OF RECOGNITION FROM THE DEPARTMENT OF HOMELAND
SECURITY FEDERAL EMERGENCYMANAGEMENT AGENCY FOR INDIAN
RIVER COUNTY'S PARTICIPATIONAND OUTSTANDING PERFORMANCE
IN THE NATIONAL FLOOD INSURANCE PROGRAM COMMUNITYRATING
SYSTEM
Chairman Bowden displayed and read the Plaque, dated October 1, 2007, and
extended congratulations to everyone. Environmental and Code Enforcement Chief Roland
DeBlois and Community Development Director Bob Keating accepted the Plaque on behalf of
staff. Director Keating acknowledged several additional departments (besides Community
Development) that had worked to achieve the Class 6 rating, which qualifies residents for a 20%
discount on their policies. He divulged that the insured have reaped a total savings of almost $1
million on flood insurance costs.
Chairman Bowden added that this would be an annual discount rating.
S.B. REPORT OF IMPACT FEE TASK FORCE BY CHAMBERS OF COMMERCE
AND TREASURE COAST BUILDERSASSOCIATIONIMPACT FEE REPORT
Penny Chandler, Indian River County Chamber of Commerce, and Beth Mitchell,
Sebastian River Area Chamber of Commerce updated the Board on the establishment, actions,
January 22, 2008 2
and findings of the Impact Fee Task Force, as detailed in the Impact Fee Task Force Report and
Recommendations (copy on file).
Penny Chandler stated that the purpose of the Committee was to review and make
recommendations regarding Duncan Associates' Impact Fee Report. She read the names of the
Committee members, and noted that she and Ms. Mitchell were the facilitators for the group, and
did not vote.
Beth Mitchell gave a time -line for the Impact Fee Task Force Committee
meetings and listed the speakers who had made presentations. She informed the Board that the
Task Force had been broken into sub -committees that had addressed the following sections of the
Duncan Associates Report: Traffic, Schools, Parks, Libraries, and Law Enforcement. The
subcommittees brought their recommendations back to the entire task force. Ms. Mitchell listed
some additional data and publications that had been utilized by the Task Force in making their
recommendations, and divulged that the Task Force had created an additional section entitled
"Quantifying the Impact."
Ms. Chandler thanked all the Task Force Committee members, many of who had
expressed interested in maintaining a meeting structure in order to remain current on this issue.
She also thanked the Board for the opportunity to serve the County.
Ms. Mitchell described the final meeting of the Task Force, provided specific
details on the voting process including a breakdown of the votes, and set forth each sub-
committee's recommendation as follows:
(a) Transportation: Maintain current impact fee rates
(b) Schools: Maintain current impact fee rates
(c) Parks: Maintain current impact fee rates
January 22, 2008 3
(d) Libraries: Maintain current impact fee rates
(e) Law Enforcement: Accept consultants' report and increase fees accordingly
(f) Quantifying the Impact: Look at the recommended increase of fees and
see how current impact fees impact the creation of jobs and the profitability
of new commercial facilities
Concluding the joint presentation, Ms. Mitchell told the Board that the Impact Fee
Task Force Committee's overall final recommendation was for the County Commission to
maintain the current rate for impact fees for all subcommittees.
process.
Commissioner O'Bryan wanted to move forward with the public workshop
Vice Chairman Davis inquired whether the Impact Fee Task Force had come up
with any recommendations as far as the ramifications of current impact fees on the creation of
jobs and commercial facilities. He felt that our economic structure was single dimensional, and
would like to "roll out the welcome mat" for those industries that the County would like to
attract.
Ms. Mitchell revealed that the Committee had discussed the legality of whether
the County could carve out impact fees as an economic incentive. She encouraged the Board to
look at Chris Bieber's report (found on pages 13 and 14 of the Impact Fee Task Force Report),
which addressed the cost of doing business in Indian River County, and the consequences of
imposing additional impact fees on some of the projects.
Commissioner Wheeler agreed that economic development was important and also
wanted to move ahead with workshops. However, he pointed out that if the County had
January 22, 2008 4
inadequate impact fees, it would fall to the taxpayers to pick up at the other end. He remarked
that if the County splits the fees, people would need to be informed as to "how" and "why."
Nancy Offutt, Government Affairs Director for the Treasure Coast Builders
Association (TCBA), and a member of the Impact Fee Task Force, told the Board that Financial
Economist Kirk Sorenson had been requested by the TCBA to do an analysis of County Impact
Fees, also based on the Duncan Associates Report. Mr. Sorenson's preliminary observations
had been provided to the Impact Fee Task Force, with the complete report being provided to the
Commissioners as of today, January 22, 2008. Mr. Sorensen supported the Task Force
consensus that increasing impact fees would further stifle an already stifled economy. Ms.
Offutt asked the Board to consider Mr. Sorensen's report, as they moved ahead with the
workshop meetings.
The Board's consensus was to have staff schedule some workshops and public
hearings on this issue.
6. APPROVAL OF MINUTES
A. SPECIAL CALL MEETING — MINING MORATORIUM ORDINANCE.
.JANUARY 7.2008
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Special Call Meeting of January 7, 2008. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
January 22, 2008 5
approved the Minutes of the Special Call Meeting of
January 7, 2008, as written and distributed.
7. CONSENT AGENDA
Commissioner O'Bryan asked that Item 7.K. be pulled for discussion.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
7.A. APPROVAL OF WARRANTS —JANUARY 4 — 10. 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of January 4, 2008 to January 10, 2008, as
recommended in the memorandum of January 10, 2008.
7.B. DORI SLOSBERG DRIVER EDUCATIONSAFETYACT. INDIANRIVER
COUNTY TRAFFIC ED UCATION PROGRAM TR UST FUND
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Indian River County Traffic Education Program Trust
Fund Report, as recommended in the memorandum of
January 14, 2008.
January 22, 2008 6
7.C. OUT OF COUNTY TRAVEL TO ATTEND THE TREASURE COAST
LEGISLATIVE CONFERENCE IN TALLAHASSEE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Out of County Travel for Commissioners and Staff to
attend the Treasure Coast Legislative Conference in
Tallahassee from Wednesday, February 20, 2008 through
Friday, February 22, 2008, as recommended in the
memorandum of January 14, 2008.
7.D. 2008 ELECTION OF UTILITYADVISORY COMMITTEE CHAIRMANANO
VICE CHAIRMAN
The Board acknowledged, for the record, the election of Andrew Allocco as
Chairman, and John Tschinkel as Vice Chairman, of the Utility Advisory Committee for the year
2008.
No Board action is required.
7.E. 2008ELECTIONOFECONOMICDEVELOPMENTCOUNCIL (EDC)
CHAIRMANAND VICE CHAIRMAN
The Board acknowledged, for the record, the election of Scott Carson as Chairman,
and the re-election of Peter Robinson as Vice Chairman, of the Economic Development Council
for the year 2008.
January 22, 2008 7
No Board action is required.
7.F. 2008 ELECTION OF PLANNING AND ZONING COMMISSION (P&Z)
CHAIRMANAND VICE CHAIRMAN
The Board acknowledged, for the record, the election of George Hamner as
Chairman, and Craig Fletcher as Vice Chairman, of the Planning and Zoning Agency Committee
for the year 2008.
No Board action is required.
7.G. ANNUAL CERTIFICATIONAND ANNUAL REPORT OF COMPLIANCE WITH
FLORIDA STATUTES SECTION 119.071(5)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
authorized the Chairman to sign the Certification of
Compliance with Collection of Social Security numbers
and the Annual Report as to Commercial Entity Inquiries;
and (2) delegated the authority to sign future Certifications
and Annual Reports to the County Attorney or his
designee, as recommended in the memorandum of January
15, 2008.
January 22, 2008 8
%H. DRAINAGE EASEMENT TO UNITED PARCEL SERVICE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Chairman to execute a 10 -foot drainage
easement in favor of United Parcel Service, as
recommended in the memorandum of January 15, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.I. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID
#2008020 VERO LAKE ESTATES MASTER PLAN WATER MAIN PHASE
H — UCP #2958. UTILITIES DEPARTMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Bid Award to Timothy Rose Contracting, Inc., Vero
Beach, FL, as the lowest most responsive and responsible
bidder meeting the specifications as set forth in the
Invitation to Bid. The Board also approved the Sample
Agreement and authorized the Chairman to execute same
when required performance and payment bonds have been
submitted along with appropriate certificate of insurance,
and the County Attorney has approved the agreement as to
form and legal sufficiency, as recommended in the
memorandum of January 15, 2008.
January 22, 2008 9
7.1 APPROVAL TO MOVE FORWARD WITHMODSPACE WITH THE
REMOVAL OFMODULARS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
a not -to -exceed amount of $66,285.00 by ModSpace for
the removal of the modular units formerly used as the
Elections Office, as recommended in the memorandum of
January 16, 2008.
7.K. AS -BUILT RESOL UTION & ASSESSMENT ROLL FOR PAVING AND
expected cost.
DRAINAGE IMPROVEMENTS TO 32" AVENUE SW FROM 15TH STREET
SW TO 13TH PLACE SW IN GROVENOR ESTATES SID, IRC PROJECT
#03-127
Commissioner O'Bryan commended staff for bringing in the bid at a lower than
Vice Chairman Davis felt that since good prices were currently coming in, it might
be a good time to proceed with other projects.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-006, certifying "As -Built" costs for
certain paving and drainage improvements to 32nd Avenue
January 22, 2008 10
SW from 15th Street SW to 13th Place SW, designated as
Project No. 03-127, and other construction necessitated by
such project; providing for formal completion date, and
date for payment without penalty and interest.
7.L. AWARD OF BID #2008013, OSLO ROAD CLEARING. 31ST AVENUE SW
To 43RDA VENUE AND 43'PD A VENUE CLEARING, 6TH PLACE S W TO
SOUTHRELIEF CANAL
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Bid Award to Clearzone Maintenance, Inc., including
the alternate for total amount of $45,000.00, as
recommended in the memorandum of January 14, 2008.
7.M. WORK ORDER NO.4 (ENGINEERING/SURVEYING) FULL & FINAL PAY,
KIMLEY-HORNAND ASSOCIATES, INC., DISNEYPARCEL — CR510,
BOUNDARYSURVEY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment to Kimley-Horn and Associates, Inc., of Invoice
No. 3271563, dated 12/30/07, in the amount of $1,500.00,
as recommended in the memorandum of January 14, 2008.
January 22, 2008 11
7.N. REOUEST TO REJECT BIDS FOR UTILITYMOWING CONTRACT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously rejected
all mowing bids and will continue using existing staff to
perform mowing duties, as recommended in the
memorandum of January 10, 2008.
7.0. ADDITIONAL EXCESS EQUIPMENT TO DECLARE SURPLUS FOR SALE OR
DISPOSAL, GENERAL SERVICES/PURCHASING DIVISION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously (1)
declared the excess items surplus and authorized their sale
and/or proper disposal; (2) granted the authority to have
the surplus equipment delivered to the Indian River
County Fairgrounds to be sold at public auction on
January 26, 2008; and (3) authorized the Clerk to remove
the assets not found during inventory from the Board's
capital asset inventory list, all as recommended in the
memorandum of January 15, 2008.
January 22, 2008 12
7.P. WORK ORDER NO.2 (ENGINEERING/SURVEYING). FINAL PAY &
RELEASE OF RETAINAGE. MASTELLER, MOLER, REED, AND TAYLOR,
INC.. CR 512 PHASE 4 — DESIGN/TOPOGRAPHIC SURVEY— TREE
LOCATIONS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment to Masteller, Moler, Reed and Taylor, Inc. for
Invoice No. 2453-6033, dated 01/09/08, in the amount of
$1,267.50, as recommended in the memorandum of
January 10, 2008.
7.0. REOVEST PERMISSION TO ADVERTISE FOR A PUBLIC HEARING TO
ADOPT AN ORDINANCE TO AMEND SECTION 201.O8.H OF THE CODE
AND TO AMEND THE RATE RESOL UTION TO COMPLY WITH NEW
FLORIDA LAW ON COLLECTION OF SOCIAL SECURITY NUMBERS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized staff to advertise for a public hearing on
February 12, 2008 to amend Section 201.08.H of the
Code, together with public hearing at the same date and
time to amend the Rate Resolution to delete the interest
rate, as recommended in the memorandum of January 15,
2008.
January 22, 2008 13
7.R. CHANGE ORDER #4 — GREAT LAKES DREDGE AND DOCK COMPANY,
SECTORS I & 2 BEA CHRESTORATION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order #4, to Great Lakes Dredge and Dock Co.,
for Sectors 1 & 2 Beach Restoration, as recommended in
the memorandum of January 14, 2008. The segment of
the work covered in Change Order #4 is subject to cost
sharing with FEMA under PW#458 at a 95% level.
Funding of this segment of the work is from 128-14472-
066510-05041.
CHANGE ORDER #4 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.S. NOTICE OF LIMITATION OF USE/SITE DEDICATION FOR NORTH
SEBASTIAN CONSER"TIONAREA
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Notice of Limitation of Use/Site Dedication for the
North Sebastian Conservation Area, Land and Water
Conservation Fund Grant, #12-00475, and authorized the
Chairman to sign the appropriate documents for
transmittal to the Florida Department of Environmental
Protection, Office of Information and Recreation Services,
as recommended in the memorandum of January 3, 2008.
January 22, 2008 14
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
9. PUBLIC ITEMS
9.A. PUBLICHEARINGS
9.A. I. PUBLIC HEARING TO ADOPT AN ORDINANCE TO DESIGNATE AN
OFFICIAL COUNTYSEAL (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney Marian Fell reviewed the memorandum of January 15,
2008, and explained that in August 2006, the Board had given staff direction to draft an
Ordinance which would change the center of the Official County Seal from an elk's head to three
grapefruit, making it more consistent with the current County logo and letterhead. She noted
that current Florida law requires that a new Seal be adopted by Ordinance.
Attorney Fell revealed that the Clerk of Court, who is the custodian of the Seal,
had asked the Board to consider getting an electric Seal to replace the current, worn out,
mechanical seal. Ms. Fell presented estimated costs as follows:
• Electric Embosser: $750.00 + $350.00 for the artwork
• Mechanical Seal $100.00 + $100.00 to change artwork from elk to grapefruit
January 22, 2008 15
Vice Chairman Davis wanted to know if this historically significant item had been
presented to any committees or to the Historical Resources Advisory Council for their input, and
learned from Administrator Baird that no feedback had been sought from those sources.
The Chairman opened the public hearing.
Fred Mensing, 7580 129"' Street, was opposed to changing the Seal and noted the
importance of maintaining some tradition in the County.
There were no additional speakers and the Chairman closed the public hearing.
Chairman Bowden conveyed that the County's historical records show that
periodically the question of why an elk was at the center of the Seal has come up. Apparently,
Indian River County had been part of Saint Lucie County, whose official seal had been an elk,
and it is believed that when it branched off in 1925, Indian River County took with it the Seal. It
was believed that the elk had been purchased as a generic stamp, with no particular thought put
into it, as elk do not inhabit this region.
Chairman Bowden informed the Board that on August 22, 2006, a former
Commission, on which she, Vice Chairman Davis, and Commissioner Wheeler had served, had
voted 4-1 to change the Seal from the elk to the grapefruit. She asked the Commissioners if it
was appropriate to keep the elk, or to make the change to something more appropriate.
Vice Chairman Davis understood the need for an updated electric stamp, but
voiced his opposition to changing the center of the Seal from the elk to the grapefruit. He felt
that since the symbol of the elk has served us well since 1925, that was enough to give it historic
significance.
January 22, 2008 16
Commissioner Flescher supported retaining the elk in the center of the Seal, stated
that it was part of our history and culture, and observed that it has served us well for eighty -plus
years. He was opposed to adding to the cost of buying a new seal, and the unnecessary cost
factors of changing the Seal's design.
Commissioner Wheeler believed that since the Seal must be replaced at this time,
it would be a good time to change the artwork, the cost of which would be the same whether it
was done for the elk or the grapefruit. He declared that the County's "unofficial seal" was the
grapefruit that could be found on County trucks, stationery, and business cards, and he pointed
out that most citizens already felt that the grapefruit was the County's Seal.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, for discussion,
to adopt the Ordinance amending the official County Seal
from the elk to the three grapefruit.
Commissioner O'Bryan observed that the biggest problem with the elk was that
there was no good story or historical reason behind it. He added that if Commissioner Davis
could come up with a good elk story, he would favor keeping the elk.
Chairman Bowden supported changing the logo from the elk to the grapefruit. She
stated that the grapefruit, which is on our trucks, emblem, and logo, is reflective of Indian River
County, which has the finest grapefruit in the world, and the County should be consistent.
Vice Chairman Davis implored Commissioners Flescher and O'Bryan to join him
in defeating the move to change the Seal.
January 22, 2008 17
Chairman Bowden read a segment of the minutes of the August 22, 2006 Board
meeting, (excerpt on file), at which the Board approved, by a 4-1 vote (Commissioner Davis
opposed), the use of grapefruit for the County's Seal.
The Chairman reopened the public hearing.
Margarita Sudnykovych, 7575 1" Street SW, was opposed to changing the Seal.
She declared that changing history was very scary, and it does not make the County look strong
if it was too easy to effect such changes.
Seeing no further speakers, the Chairman closed the public hearing.
Commissioner O'Bryan asked if there was anything precluding the County from
using the grapefruit as a logo. Administrator Baird did not believe so. Attorney Fell added that
the Official County Seal and the Logo were two separate things.
The Chairman Called the Question. The MOTION
FAILED by a 2-3 vote, (Commissioners O'Bryan,
Flescher, and Davis opposed), to change the elk to
grapefruit.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board, by a 4-1 vote
(Chairman Bowden opposed) authorized the Clerk of the
Court to purchase the electric embosser, with NO change
to the current Seal.
January 22, 2008 18
9.B. PUBLIC DISCUSSION ITEMS -NONE
9.C. PUBLIC NOTICE ITEMS -NONE
10. COUNTY ADMINISTRATOR MATTERS
IO.A. 2008 AMERICAN CANCER SOCIETY CITRUS GALA & CATTLE BARON'S
BALL
County Administrator Joe Baird presented this request to permit the American
Cancer Society to use Indian River County's light carts at their March 1, 2008 Citrus Gala &
Cattle Baron's Ball. He informed the Board that the group needs four or five of the County's
light generators, and they also need a stage. He noted that the County's lights have been
furnished free for other events in the past, for safety reasons. He requested direction from the
Board regarding donating the equipment for this function.
Chairman Bowden, Vice Chairman Davis, and Commissioner Flescher expressed
support for this community event.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the donation of the use of the County's
equipment for the 2008 American Cancer Society's Citrus
Gala & Cattle Baron's Ball, to be held on March 1St, 2008,
as recommended in the memorandum of January 16, 2008.
11. DEPARTMENTAL MATTERS
H.A. COMMUNITYDEvELOPMENT--NONE
January 22, 2008 19
I1.B. EMERGENCYSERVICEs-NONE
ILC. GENERAL SER VICES -NONE
II.D. HUMANRESOURCEs-NONE
H.E. HUMANSERVICES-NONE
II.F. LEISURE SERVICES -NONE
11.G. OFFICE OFMANAGEMENT AND BUDGET -NONE
II.H. RECREATION -NONE
ILL PUBLIC WoRKs-NONE
I1..J UTILITIES SERVICES
11.11. CHANGE ORDER NO. 3 TO IRC CONTRACT 2006012 WITHPOOLE AND
KENT COMPANY OF FLORIDA. INC. FOR THE EXPANSION OF THE
NORTHRO PLANT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Change Order No. 3 to IRC Contract 2006012
January 22, 2008 20
with Poole and Kent Company of Florida, Inc. to increase
the contract in the amount of $200,527.00, and authorized
the Chairman to execute same, as recommended in the
memorandum of January 15, 2008.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11. J. 2. AMENDMENT NO. 2 TD WORK ORDER NO.2 WITH CAMP DRESSER
AND WKEE, INC. FOR ENGINEERING SERVICES TO RELOCATE THE
BIOSOLIDS DEWATERING FACILITY TO THE COUNTY LANDFILL SITE
MOTION WAS MADE BY Commissioner Wheeler,
SECONDED by Vice Chairman Davis, for discussion, to
approve staff's recommendation.
To Vice Chairman Davis's query, Utilities Director Erik Olson explained that this
issue was strictly for the construction of the facility, and had no bearing on who ultimately
operated the plant.
Commissioner O'Bryan asked Director Olson if it was Camp Dresser and McKee,
Inc. (CDM) or the County that had selected the original site, and wanted to know if the Biosolids
Facility would be moving closer to the Ocean Spray Plant. To the first query, Director Olson
responded that the County had selected the site, and to the latter, he said that the facility would
be moving about 1,500 feet closer to Ocean Spray, but the site would still be contained within
the landfill.
January 22, 2008 21
A discussion ensued as the Board and Director Olson discussed the problems at the
old facility, as well as the improvements, particularly better odor control, which would be put in
place at the new facility.
The Chairman CALLED THE QUESTION. The Board
unanimously approved: (a) Addendum No. 2 to Work
Order No. 2 with Camp Dresser and McKee, Inc. (CDM)
in the amount of $69,903.00 to provide engineering design
and permitting services for Relocation of the Biosolids
Dewatering Facility within the County Landfill Site, and
(b) authorized the Chairman to execute the same, as
recommended in the memorandum of January 14, 20088.
AMENDMENT NUMBER 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY MATTERS -NONE
13. COMMISSIONERS ITEMS
13.A COMMISSIONER SANDRA L. BOWDEN. CHAIRMAN -NONE
January 22, 2008 22
B.B. COMMISSIONER WESLEYS DA VIS. VICE CHAIRMAN
1. MODIFYRESOLUTION2003-I2SESTABLISHINGTHE AGRICULTURE
ADVISORY COMMITTEE
Vice Chairman Davis informed the Board that the Agriculture Advisory
Committee's (AAC) Chairman Robert Adair had been asked to remain in position for an
additional one-year term. Since Mr. Adair has already served two one-year terms, per the
governing Resolution of the Committee, it would be necessary to amend the Resolution to allow
Mr. Adair to serve the additional term. Vice Chairman Davis supported retaining Mr. Adair, in
light of the mining and water issues the County was evaluating, and he also noted that Mr. Adair
was the only candidate at this time.
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman Bowden, the Board unanimously approved
Resolution 2008-007, amending Section 7, General
Provisions, of Resolution No. 2003-125 to allow the Chair
of the Agriculture Advisory Committee to serve for an
additional one year for the 2008-2009 term.
13. C. COMMISSIONER JOSEPH E. FLESCHER-NONE
January 22, 2008 23
13.D. COMMISSIONER PETER D. O'BRYAN
1. SEA TURTLE LIGHTING WORKSHOP AND SEA GRAPE GIVE A -WAY
Commissioner O'Bryan made a public announcement regarding the Sea Turtle
Lighting Workshop, which would be held on February 2, 2008, from 1:00 to 4:00 p.m. at the
Vero Beach Community Center. He stated that it was important to oceanfront property owners
to learn how to prevent their lights from interfering with sea turtle nesting. A give-away of Sea
Grape plants, which are useful to block out the light, will also take place. Commissioner
O'Bryan noted that Environmental and Code Enforcement Chief Roland DeBlois had sent
notices to beachside property owners, and the event was also featured on the County's website.
NO BOARD ACTION REQUIRED OR TAKEN
13.E. COMMISSIONER GARY C. WHEELER -NONE
14. SPECIAL DISTRICTS AND BOARDS
M.A. EMERGENCY SERVICESDISTRICT-NONE
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Regular
Board of County Commissioner's 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.
January 22, 2008 24
'or
.1'
14. B. 1. WORK ORDER NO. 14 TO GEOSYNTEC CONSULTANTS, INC. FOR
ENGINEERING SER VICES WITH THE 2008 COMPLIANCE MONITORING
& GENERAL TECHNICAL ASSISTANCE
14.B.2. SOLID WASTE DISPOSAL DISTRICT CUSTOMER CONVENIENCE
CENTERS
14.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
15. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 10:04 a.m.
ATTEST:
Jeffrey R-7 arton, Clerk
Minutes Approved: FEB 12 2008
BCC/MG/2008/Minutes
134 P6 420
January 22, 2008 25