HomeMy WebLinkAbout05/05/2009 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 5, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
1. Addition: Item 5.D. Presentation of Plaque Honoring Sheriff Deryl
Loar for Employer Support of the Guard and Reserve 2
2. Addition: Item 5.E. Presentation by Penny Chandler, Chamber of
Commerce -Update on H1/NI Virus 2
3. Deletion: Item 10.B.1. Request to Speak from Ardra Rigby and Bill
Rigby Regarding Waste Hauling Services in the Enterprise Zone 2
4. Addition: Item 13.C. County Attorney Matters: Notice of Attorney -
Client Session: Divosta Homes, L.P. and Divosta Homes Holdings,
L.L.C. vs. Indian River County, Case No. 20070109 -CA -19 2
5. Addition: Item 14.A. Commissioner Wesley S. Davis, Chairman:
Sector 3 Beach Restoration Project: Utilization of Upland Sand Sources 2
5. PROCLAMATIONS AND PRESENTATIONS 3
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY AS
NATIONAL PRESERVATION MONTH 3
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May 5, 2009
5.B. PRESENTATION OF PROCLAMATION IN SUPPORT OF THE EFFORTS TO HELP FIND
A CURE OR CONTROL FOR CYSTIC FIBROSIS WITH PARTICIPATION IN THE
CYSTIC FIBROSIS FOUNDATION'S GREAT STRIDES WALK 3
5.C. PRESENTATION OF PROCLAMATION DESIGNATING MAY 6 — 12, 2009 AS
NATIONAL NURSES WEEK 3
5.D. PRESENTATION OF PLAQUE HONORING SHERIFF DERYL LOAR FOR EMPLOYER
SUPPORT OF THE NATIONAL GUARD AND RESERVE 3
5.E. PRESENTATION BY PENNY CHANDLER, CHAMBER OF COMMERCE - UPDATE ON
H1/N1 (SWINE) FLU VIRUS 4
6. APPROVAL OF MINUTES 4
6.A. REGULAR MEETING OF MARCH 10, 2009 4
6.B. REGULAR MEETING OF MARCH 17, 2009 5
6.C. REGULAR MEETING OF MARCH 24, 2009 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 5
7.A. INDIAN RIVER COUNTY CENSUS 2010 COMMUNITY ACTION COMMITTEE
VACANCIES 5
7.B. CITIZEN ADVOCATE VACANCY ON THE TRANSPORTATION DISADVANTAGED
LOCAL COORDINATING BOARD 6
7.C. 2009 ELECTION OF AGRICULTURE ADVISORY COMMITTEE (AAC) CHAIRMAN
AND VICE CHAIRMAN 6
8. CONSENT AGENDA 6
8.A. APPROVAL OF WARRANTS AND WIRES, APRIL 10, 2009 THRU APRIL 16, 2009 6
8.B. APPROVAL OF WARRANTS AND WIRES, APRIL 17, 2009 TO APRIL 23, 2009 6
8.C. TRI -PARTY SUBLEASE AGREEMENT FOR STEALTH FLAGPOLE AT SEA OAKS
WASTEWATER TREATMENT WITH VERIZON WIRELESS AND NEW CINGULAR
WIRELESS 7
8.D. AUTHORIZATION TO ATTEND 2009 ANNUAL FSBPA CONFERENCE 7
8.E. OUT OF COUNTY TRAVEL TO ATTEND THE FIRE OPS 101 EVENT IN MIAMI,
FLORIDA 8
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May 5, 2009
8.F. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM -
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 - STATE
SOLICITATION, CERTIFICATE OF PARTICIPATION 8
8.G. WORK ORDER No. 6 (ENGINEERING/SURVEYING) KIMLEY-HORN AND
ASSOCIATES, INC. - FULL & FINAL PAY, INDIAN RIVER BLVD. SIDEWALK
IMPROVEMENT PROJECT, 12TH STREET TO 17TH STREET, 14TH STREET BRIDGE
ELEVATION DETAIL SURVEY, IRC PROJECT NO. 0745, CONTINUING
PROFESSIONAL SURVEYING & MAPPING/GIS SERVICES 9
8.H. WORK ORDER No. 7, (ENGINEERING/SURVEYING) - FINAL PAY & RELEASE OF
RETAINAGE MASTELLER, MOLER, REED, AND TAYLOR, INC., CR512 PHASE III
ROADWAY IMPROVEMENTS, FINAL RIGHT-OF-WAY MAPPING PROJECT IRC
PROJECT NO. 9611B, CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS
SERVICES CONTRACT 0725 9
8.I. CHOOSE LIFE LICENSE PLATE FUNDING, DISTRIBUTION OF FUNDS TO CARE NET
PREGNANCY CENTER OF INDIAN RIVER CO. 10
8.J. OSLO ROAD BOAT RAMP, RETAINAGE RELEASE FOR PELICAN PETE
CONSTRUCTION CO. INC., IRC PROJECT No. 0381 10
8.K. PROFESSIONAL ENVIRONMENTAL SERVICES AGREEMENT, OSLO BOAT RAMP -
IRC PROJECT No. 0381, G.K. ENVIRONMENTAL, INC., RELEASE OF RETAINAGE 11
8.L. PROVIDING GEOTECHNICAL SERVICES FOR OSLO ROAD AND OSLO ROAD BOAT
RAMP IMPROVEMENTS DUNKELBERGER ENGINEERING & TESTING, INC., WORK
ORDER NO. 3 - RELEASE OF RETAINAGE IRC PROJECT #0381 11
8.M. WORK ORDER NO. 10 (ENGINEERING/SURVEYING) CARTER ASSOCIATES, INC. -
RELEASE OF RETAINAGE, PROPOSED OSLO ROAD BOAT RAMP DESIGN AND
PERMITTING PROJECT, INDIAN RIVER COUNTY PROJECT No. 0381 11
8.N. DECLARE ADDITIONAL EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL,
AND REMOVAL OF ONE VEHICLE FROM THE PREVIOUSLY APPROVED LIST 12
8.0. IRC SHERIFF'S ADMINISTRATION UNDERGROUND FUEL TANKS GEOSYNTEC
CONSULTANTS WORK ORDER #21 12
8.P. MISCELLANEOUS BUDGET AMENDMENT 012 13
B.Q. RIGHT-OF-WAY ACQUISITION - CR51 O #0610, 6200 85TH STREET, SEBASTIAN,
FL 32958, OWNER: JONES, ARTHUR LEE 13
B.R. RIGHT-OF-WAY ACQUISITION - 66TH AVENUE #0370, 53RD STREET,
INTERSECTION TRANSITION, MIREILLE T. AYOUB, OWNER 13
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May 5, 2009
8.S. RIGHT-OF-WAY ACQUISITION — 66TH AVENUE #0370, 6760, 6790, AND 6816
45TH STREET, INTERSECTION TRANSITION, RALPH A. AND DIANE M. POWELL,
OWNERS 14
8.T. RIGHT-OF-WAY ACQUISITION — 66TH AVENUE #0370, 53RD STREET,
INTERSECTION TRANSITION, HERBERT T. JAMES, JR., REVOCABLE TRUST 1991,
HERBERT T. JAMES, JR. TRUSTEE 14
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 15
10. PUBLIC ITEMS 15
10.A. PUBLIC HEARING 15
10.A.1. REQUEST FOR AUTHORIZATION TO SUBMIT AN FY 2008/09 GRANT
APPLICATION FOR 49 USC CH. 53, SECTION 5307 AMERICAN RECOVERY AND
REINVESTMENT ACT (ARRA) MASS TRANSIT CAPITAL GRANT (LEGISLATIVE) 15
10.B. PUBLIC DISCUSSION ITEMS 16
10.B. 1 . REQUEST TO SPEAK FROM ARDRA RIGBY AND BILL RIGBY REGARDING
REQUEST TO REVISIT THE DECISION REGARDING WASTE HAULING SERVICES IN
THE ENTERPRISE ZONE - WITHDRAWN 16
10.C. PUBLIC NOTICE ITEMS 16
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS MAY 19, 2009: 16
A. Consideration of Proposed Amendments to Regulations for Changeable
Copy and Electronic Message Signs within Special Corridors: Land
Development Regulations Chapter 911 (Legislative) 16
B. Consideration of Proposed Amendments Providing for Temporary
Suspension of Compliance with Regulations Not Directly Related to
Public Safety: Land Development Regulations Chapter 902
(Legislative) 16
C. Ordinance Amendment to Provide Charging a Registration Fee for Sex
Offenders and Predators, Career Felons and Convicted Felons
(Legislative) 16
11. COUNTY ADMINISTRATOR'S MATTERS -NONE 17
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May 5, 2009
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 -NONE 17
12.E. HUMAN SERVICES -NONE 17
12.F. LEISURE SERVICES -NONE 17
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 17
12.1. RECREATION -NONE 17
12.I. PUBLIC WORKS -NONE 17
12.J. UTILITIES SERVICES 17
12.J.1 GRAND HARBOR SPOONBILL MARSH AMENDED SITE AGREEMENT FOR UTILITY
EASEMENT 17
13. COUNTY ATTORNEY MATTERS 18
13.A. REFERENDUM ON ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION
ALSO KNOWN AS "TAX ABATEMENT" 18
13.B. STIPULATION CONCERNING EXTENDED POSSESSION FOR 66TH AVENUE
PROPERTY OWNERS WILLIAM BETHEL, CHARLENE BROWN, RUTH AND
WILLIAM STANBRIDGE, HARRIS GROVES, JOHN AND DEBRA MAROTTO, ERMA
LEE LEWIS, MATTHEW AND HILDA HARBOURT, STEPHEN AND SHELLY RYAN,
PAUL AND RENNIE THOMPSON, JR. AND LAWRENCE AND PHYLLIS BROWN 20
13.C. ADDITION: ATTORNEY-CLIENT SESSION: DIVOSTA HOMES, L.P. AND DIVOSTA
HOMES HOLDINGS, L.L.C. VS. INDIAN RIVER COUNTY, CASE NO. 20070109 -
CA -19 24
14. COMMISSIONER ITEMS 25
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN NONE 25
14.A.1. ADDITION: SECTOR 3 BEACH RESTORATION PROJECT: UTILIZATION OF UPLAND
SAND SOURCES 25
14.B. COMMISSIONER JOSEPH E. FLESCHER-NONE 28
14.C. COMMISSIONER GARY C. WHEELER -NONE 28
14.D. COMMISIONER PETER D. O'BRYAN-NONE 28
14.E. COMMISSIONER BOB SOLARI-NONE 28
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May 5, 2009
15. SPECIAL DISTRICTS AND BOARDS 28
15.A. EMERGENCY SERVICES DISTRICT-NONE 28
15.B. SOLID WASTE DISPOSAL DISTRICT-NONE 28
15.C. ENVIRONMENTAL CONTROL BOARD 28
15.C.1. APPROVAL OF MINUTES MEETING OF FEBRUARY 3, 2009 29
15.C.2. REPORT OF ACTIVITIES FOR SECOND QUARTER (JANUARY THROUGH MARCH
2009) 29
16. ADJOURNMENT 29
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May 5, 2009
JEFFREY K. BARTON
Clerk to the Board
;; sA
May 5, 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, May 5, 2009, at 9:00 a.m. Present were Chairman Wesley S. Davis, Vice Chairman
Joseph E. Flescher, Commissioners Peter D. O'Bryan, and Bob Solari. Commissioner Gary C.
Wheeler was absent. 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.
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan led the Pledge of Allegiance to the Flag.
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May 5, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Davis requested the following changes to today's Agenda:
1. ADDITION: ITEM 5.D. PRESENTATION OF PLAQUE HONORING SHERIFF DERYL LOAR
FOR EMPLOYER SUPPORT OF THE GUARD AND RESERVE
2. ADDITION: ITEM 5.E. PRESENTATION BY PENNY CHANDLER, CHAMBER OF
COMMERCE -UPDATE ON HI /N1 VIRUS
3. DELETION: ITEM 10.B.1. REQUEST TO SPEAKFROMARDRA RIGBY AND BILL RIGBY
REGARDING WASTE HAULING SERVICES IN THE ENTERPRISE ZONE
4. ADDITION: ITEM 13. C. COUNTY ATTORNEY MATTERS: NOTICE OF ATTORNEY-CLIENT
SESSION: DIVOSTA HOMES, L.P. AND DIVOSTA HOMES HOLDINGS, L.L.C. VS. INDIAN
RIVER COUNTY, CASE NO. 20070109 -CA -19
5. ADDITION: ITEM 14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN: SECTOR 3
BEACH RESTORATION PROJECT:: UTILIZATION OF UPLAND SAND SOURCES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board made the above changes to the
Agenda.
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May 5, 2009
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY
AS NATIONAL PRESERVATION MONTH
Commissioner O'Bryan read and presented the Proclamation to Ruth Stanbridge, County
Historian; Mary Jean Kelly, Cultural Council; Beverly Tyson, Indian River County Historical
Society; and Barbara Tillney, Indian River Shores Historical Society.
S.B. PRESENTATION OF PROCLAMATION IN SUPPORT OF THE EFFORTS TO
HELP FIND A CURE OR CONTROL FOR CYSTIC FIBROSIS WITH
PARTICIPATION IN THE CYSTIC FIBROSIS FOUNDATION'S GREAT STRIDES
WALK
Chairman Davis read and presented the Proclamation to Mayor Richard H. Gillmor, City
of Sebastian. Mayor Gillmor announced that the "GREAT STRIDES Walk", sponsored by the
Cystic Fibrosis Foundation, would occur on May 16, 2009 at 8:00 a.m. at the Royal Palm Pointe
Park.
5.C. PRESENTATION OF PROCLAMATION DESIGNATING MAY 6 -12, 2009 AS
NATIONAL NURSES WEEK
Commissioner Solari read and presented the Proclamation to Ruth McDowell.
S.D. PRESENTATION OF PLAQUE HONORING SHERIFF DERYL LOAR FOR
EMPLOYER SUPPORT OF THE NATIONAL GUARD AND RESERVE
Paula Nicoletti, Department of Defense, acknowledged Reverend Bob Bedingfield,
former U.S. Navy Chaplain, who was in attendance at today's meeting.
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May 5, 2009
Ms. Nicoletti discussed the important role played by civilian employees serving in the
National Guard and National Reserve Forces, and reported that the Federal Government had
established a group called Employer Support of the Guard and Reserve to ensure that the rights
of these workers are upheld. She introduced First Lieutenant John Patton, an aviator, who read
his statement honoring Sheriff Deryl Loar for his support and care of military families. Ms.
Nicoletti thereupon presented Sheriff Loar a plaque from the National Committee of the
Employer Support of the Guard and Reserve, honoring the Sheriff as a patriotic employer.
5.E. PRESENTATION BY PENNY CHANDLER, CHAMBER OF COMMERCE —
UPDATE ON 1-11/N1 (SWINE) FLU VIRUS
Penny Chandler, Indian River County Chamber of Commerce, reported that an
Emergency Procedures Manual was available to any business upon request, by calling the
Chamber Offices at 772-567-3491. Ms. Chandler noted that the Manual would not apply for
personal use; that all businesses should have an emergency plan; and that the Manual did not
only pertain to the H1 -N1 (Swine) Flu outbreak.
Administrator Baird added that the County's website also contained information on the
Flu.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MARCH 10, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of March 10, 2009. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved the Minutes of the
Regular Meeting of March 10, 2009, as written.
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May 5, 2009
6.B. REGULAR MEETING OFMARCH17, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of March 17, 2009. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, by a 4-0 vote (Commissioner
Wheeler absent), the Board unanimously approved the
Minutes of the Regular Meeting of March 17, 2009, as
written.
6.C. REGULAR MEETING OF MARCH 24, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of March 24, 2009. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved the Minutes of the
Regular Meeting of March 24, 2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. INDIAN RIVER COUNTY CENSUS 2010 COMMUNITY ACTION COMMITTEE
VACANCIES
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May 5, 2009
7.B. CITIZEN ADVOCATE VACANCY ON THE TRANSPORTATION
DISADVANTAGED LOCAL COORDINATING BOARD
Noted for the record was the vacancy on the Transportation Disadvantaged Local
Coordinating Board, due to Mr. Jim Granse, Citizen Advocate Representative, having passed
away April 1, 2009.
7.C. 2009 ELECTION OF AGRICULTURE ADVISORY COMMITTEE (AAC)
CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Kevin O'Dare as Chairman, and Robert Adair as
Vice Chairman, for 2009.
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES, APRIL 10, 2009 THRUAPRIL 16,
2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved the list of Warrants
and Wires as issued by the Clerk to the Board for the time
period of April 10, 2009 to April 16, 2009, as
recommended in the memorandum of April 16, 2009.
8.B. APPROVAL OF WARRANTS AND WIRES, APRIL 17, 2009 TO APRIL 23, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved the list of Warrants
and Wires as issued by the Clerk to the Board for the time
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May 5, 2009
period of April 17, 2009 to April 23, 2009, as requested in
the memorandum of April 23, 2009.
8.C. TRI -PARTY SUBLEASE AGREEMENT FOR STEALTH FLAGPOLE AT SEA
OAKS WASTEWATER TREATMENT WITH VERIZON WIRELESS AND NEW
CINGULAR WIRELESS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved the Tri -Party
Sublease Agreement with Verizon Wireless Personal
Communications LP d/b/a/ Verizon Wireless and New
Cingular Wireless PCS, LLC, and authorized the
Chairman to execute same, in the form presented, as
recommended in the memorandum of April 28, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. AUTHORIZATION TO ATTEND 2009 ANNUAL FSBPA CONFERENCE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board authorized out -of -county
travel for Commissioners and staff to attend the Florida
Shore & Beach Preservation Association Annual
Conference September 16 — 18, 2009 in Amelia Island,
Florida, as requested in the memorandum of April 27,
2009.
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May 5, 2009
8.E. OUT OF COUNTY TRAVEL TO ATTEND THE FIRE OPS 101 EVENT IN
MIAMI, FLORIDA
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved out -of -county travel
for Commissioners and staff to attend the Emergency
Medical Services Conference, Fire Ops 101 in Miami,
Florida on Saturday, June 6, 2009, as requested in the
memorandum of April 28, 2009.
8. F. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM— AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 —
STATE SOLICITATION, CERTIFICATE OF PARTICIPATION
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board: (1) accepted the
recommendation to serve as the coordinating unit of
government in the Florida Department of Law
Enforcement's Edward Byrne Memorial Justice
Assistance Grant (JAG) Program — American Recovery
and Reinvestment Act of 2009; (2) authorized the
Chairman to sign the Certificate of Participation naming
Jason E. Brown, Director, Management & Budget, as the
contact person; (3) accepted the total amount of the Grant,
which is $533,198; and (4) directed the Substance Abuse
and Violent Crime Policy Advisory Board to recommend
a distribution of these funds among local applicants, as
recommended in the memorandum of April 27, 2009.
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May 5, 2009
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. WORK ORDER No. 6 (ENGINEERING/SURVEYING) KIMLEY-HORN AND
ASSOCIATES, INC. — FULL & FINAL PAY, INDIAN RIVER BLVD. SIDEWALK
IMPROVEMENT PROJECT, 12TH STREET TO 17TH STREET, 14TH STREET
BRIDGE ELEVATION DETAIL SURVEY, IRC PROJECT NO. 0745,
CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS SERVICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved payment of Invoice
No. 3812937, dated March 31, 2009, in the amount of
$4,380.00 for full and final payment of Work No. 6, as
recommended in the memorandum of April 16, 2009.
8.H. WORK ORDER No. 7, (ENGINEERING/SURVEYING) — FINAL PAY &
RELEASE OF RETAINAGE MASTELLER, MOLER, REED, AND TAYLOR, INC.,
CR512 PHASE III ROADWAY IMPROVEMENTS, FINAL RIGHT-OF-WAY
MAPPING PROJECT IRC PROJECT No. 9611B, CONTINUING
PROFESSIONAL SURVEYING & MAPPING/GIS SERVICES CONTRACT 0725
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved payment of
Masteller, Moler, Reed and Taylor, Inc., Invoice No.
2645-7974, dated April 16, 2009 in the amount of
$2,584.00 for full and final payment of Work Order No. 7,
as recommended in the memorandum of April 21, 2009.
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May 5, 2009
8.1. CHOOSE LIFE LICENSE PLATE FUNDING, DISTRIBUTION OF FUNDS TO
CARE NET PREGNANCY CENTER OF INDIAN RIVER CO.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved the advance
distribution of the Choose Life License Plate funds in the
amount of $17,000, to Care Net Pregnancy Center of
Indian River County, with the stipulation that all fund
expenditures must be in accordance with Florida Statutes,
Sections 320.08056 and 320.08058(29). Additionally, all
documentation of expenditures and return of unused funds
must be received by the Indian River County Budget
Office no later than October 9, 2009, as recommended and
stated in the memorandum of April 27, 2009.
8.J. OSLO ROAD BOAT RAMP, RETAINAGE RELEASE FOR PELICAN PETE
CONSTRUCTION CO. INC., IRC PROJECT NO. 0381
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved the release of
retainage of $5,345.27 per the attached Pelican Pete
Construction Co., Inc. Payment Application No. 6, as
recommended in the memorandum of April 28, 2009.
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May 5, 2009
8.K PROFESSIONAL ENVIRONMENTAL SERVICES AGREEMENT, OSLO BOAT
RAMP - IRC PROJECT NO. 0381, G.K. ENVIRONMENTAL, INC., RELEASE
OF RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved payment of G.K.
Environmental, Inc. Invoice No. 042309, dated April 23,
2009 in the amount of $590.00, as recommended in the
memorandum of April 28, 2009.
8.L. PROVIDING GEOTECHNICAL SERVICES FOR OSLO ROAD AND OSLO ROAD
BOAT RAMP IMPROVEMENTS DUNKELBERGER ENGINEERING & TESTING,
INC., WORK ORDER No. 3 - RELEASE OF RETAINAGE IRC PROJECT
#0381
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved release of retainage
in the amount of $621.05 to Dunkelberger Engineering &
Testing, Inc. per the request dated April 29, 2009, and as
recommended in the memorandum of April 28, 2009.
8.M. WORK ORDER No. 10 (ENGINEERING/SURVEYING) CARTER ASSOCIATES,
INC. — RELEASE OF RETAINAGE, PROPOSED OSLO ROAD BOAT RAMP
DESIGN AND PERMITTING PROJECT, INDIAN RIVER COUNTY PROJECT No.
0381
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
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May 5, 2009
Wheeler absent), the Board approved payment of the
Carter Associates, Inc. Invoice No. 03422-09-1, dated
April 29, 2009 in the amount of $661.00, as
recommended in the memorandum of April 29, 2009.
8.N. DECLARE ADDITIONAL EXCESS EQUIPMENT SURPLUS FOR SALE OR
DISPOSAL, AND REMOVAL OF ONE VEHICLE FROM THE PREVIOUSLY
APPROVED LIST
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board: (1) declared the additional
listed items surplus and authorized its sale and/or proper
disposal through the Public Auction to be held at the
Indian River County Sheriff's Complex at 10:00 a.m. on
May 9, 2009; (2) approved the deletion of a 2002 Chevy
Blazer, Fleet #628 from the list approved by the Board on
April 21, 2009; and (3) approved the addition to the list of
Vehicle #279, a 1998 Chevy S-10 pickup truck, to also be
sold at the auction, as recommended in the memorandum
of April 28, 2009.
8.0. IRC SHERIFF'S ADMINISTRATION UNDERGROUND FUEL TANKS
GEOSYNTEC CONSULTANTS WORK ORDER #21
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved Work Order #21
with Geosyntec Consultants, Inc. in the amount not to
exceed $60,067 including a 20% contingency for
unanticipated work that may be required during the
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May 5, 2009
closure activities. Any use of contingency will be
authorized by staff and reported to the Board as an
informational item as soon after as practical, as
recommended and stated in the memorandum of April 27,
2009.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.P. MISCELLANEOUS BUDGET AMENDMENT 012
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved Resolution 2009-
058, amending the Fiscal Year 2008-2009 Budget.
8.0. RIGHT-OF-WAY ACQUISITION— CR510 #0610, 6200 85TH STREET,
SEBASTIAN, FL 32958, OWNER: JONES, ARTHUR LEE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved Option 1, the
purchase of the needed right-of-way at a price of $12,000,
and authorized the Chairman to sign the Purchase and Sale
Agreement with Arthur Lee Jones, as recommended in the
memorandum of April 1, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. RIGHT-OF-WAY ACQUISITION— 66THAVENUE#0370, 53RD STREET,
INTERSECTION TRANSITION, MIREILLE T. AYOUB, OWNER
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
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May 5, 2009
Wheeler absent), the Board approved Alternative No. 1,
the purchase of the 0.187 acre parcel for the purchase
price of $10,397, and authorized the Chairman to execute
the Purchase Agreement with Mireille T. Ayoub, as
recommended in the memorandum of April 14, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. RIGHT-OF-WAY ACQUISITION— 66THAVENUE#0370, 6760, 6790, AND
6816 45TH STREET, INTERSECTION TRANSITION, RALPH A. AND DIANE M.
POWELL, OWNERS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved Alternative No. 1,
the purchase of the 0.280 acre parcel, and authorized the
Chairman to sign the Purchase Agreement with Ralph A.
Powell and Diane M. Powell, as recommended in the
memorandum of April 1, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.T. RIGHT-OF-WAY ACQUISITION— 66711AVENUE#0370, 53RD STREET,
INTERSECTION TRANSITION, HERBERT T. JAMES, JR., REVOCABLE TRUST
1991, HERBERT T. JAMES, JR. TRUSTEE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved Alternative No. 1,
the purchase of the .560 acre parcel for the total price of
$38,980, and authorized the Chairman to sign the
Purchase Agreement with Herbert T. James, Jr., as Trustee
14
May 5, 2009
of The Herbert T. James, Jr. Revocable Trust - 1991, as
recommended in the memorandum of April 16, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
1 O.A.1. REQ UEST FOR A UTHORIZATION TO SUBMIT AN FY 2008/09 GRANT
APPLICATION FOR 49 USC CH. 53, SECTION 5307 AMERICAN RECOVERY
AND REINVESTMENT ACT (ARRA) MASS TRANSIT CAPITAL GRANT
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Phil Matson, Metropolitan Planning Organization (MPO) Staff Director, presented
background information, conditions, and analysis on the request to apply for the subject Grant
Funds, to be used to construct a new transit administration/bus parking facility for the Indian
River Transit/Community Coach system, on the west side of 43rd Avenue, north of the
Supervisor of Elections Building Mr. Matson divulged that $2.110 million of Federal Transit
Administration (FTA) funds would be allocated to the County; that no matching funds would be
required; and that approximately 50 jobs would be created in conjunction with this project. He
thereafter requested that the Board open the Public Hearing and then authorize staff to formally
apply for the Grant Funds.
The Chairman opened the Public Hearing.
There being no speakers, the Chairman closed the Public Hearing.
15
May 5, 2009
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved Resolution 2009-
059, authorizing the filing of a FY 2008/09 Grant
Application for 49 USC CH. 53, Section 5307 American
Recovery and Reinvestment Act (ARRA) Mass Transit
Capital.
10. B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROMARDRA RIGBY AND BILL RIGBYREGARDING
REQUEST TO REVISIT THE DECISION REGARDING WASTE HAULING
SERVICES IN THE ENTERPRISE ZONE - WITHDRAWN
This item was withdrawn.
10. C. PUBLIC NOTICE ITEMS
10. C 1. NOTICE OF SCHEDULED PUBLIC HEARINGS MAY 19, 2009:
A. CONSIDERATION OF PROPOSED AMENDMENTS TO REGULATIONS FOR
CHANGEABLE COPY AND ELECTRONIC MESSAGE SIGNS WITHIN SPECIAL CORRIDORS:
LAND DEVELOPMENT REGULATIONS CHAPTER 911 (LEGISLATIVE)
B. CONSIDERATION OF PROPOSED AMENDMENTS PROVIDING FOR TEMPORARY
SUSPENSION OF COMPLIANCE WITH REGULATIONS NOT DIRECTLY RELATED TO
PUBLIC SAFETY: LAND DEVELOPMENT REGULATIONS CHAPTER 902 LEGISLATIVE)
C. ORDINANCE AMENDMENT TO PROVIDE CHARGING A REGISTRATION FEE FOR SEX
OFFENDERS AND PREDATORS, CAREER FELONS AND CONVICTED FELONS
(LEGISLATIVE)
16
May 5, 2009
County Attorney Collins read the notices into the record.
11. COUNTY ADMINISTRATOR'S MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
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. J. UTILITIES SERVICES
12.J1. GRAND HARBOR SPOONBILL MARSH AMENDED SITE A GREEMENT FOR
UTILITY EASEMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, by a 4-0 vote (Commissioner
Wheeler absent), the Board approved the Amended
Agreement for Utility Easement with Grand Harbor North
17
May 5, 2009
Land, LLC, and authorized the Chairman to execute same,
as presented and recommended in the memorandum of
April 22, 2009.
13. COUNTY ATTORNEY MATTERS
13.A. REFERENDUM ON ECONOMIC DEVELOPMENT AD VALOREM TAX
EXEMPTION ALSO KNOWN AS "TAX ABATEMENT"
Senior Assistant County Attorney Marian E. Fell recalled that in March 2009, the Board
had instructed staff to work on the referendum process for an Economic Development Tax
Exemption, also known as a Tax Abatement Incentive. She requested direction from the Board
on the following matters, as outlined in her memorandum of April 27, 2009: (1) when to hold
the referendum; (2) whether to hold it by mail ballot, or in conjunction with the municipal
elections, and if the latter, whether to negotiate with the municipalities on the cost -share of the
election; (3) whether to have a 15 -word title on the ballot question; and (4) whether to authorize
staff to present a public education program on the ballot question.
Kay Clem, Supervisor of Elections, reviewed her backup memorandum of March 20,
2009, to detail some of the cost-cutting strategies utilized to bring the cost of a County -wide
General Election for the Tax Abatement Issue, from her original estimate of $250,000 to
approximately $117,000. She also provided information on the upcoming elections for the
municipalities of Vero Beach, Sebastian, and Fellsmere.
Ms. Clem confirmed for the Board, that if the County adds on an election ballot with the
municipalities, it would constitute a General Election, at the cost of $117,000. She noted,
however, that, if the County could get the cities to cost -share, the County's final total for the
General Election would be $112,000.
18
May 5, 2009
Replying to Vice Chairman Flescher's query, Ms. Clem stated that the cost for placing
the referendum on the 2010 ballot would be $117,000, based on 40% voter participation. She
pointed out that costs would escalate with increased voter turnout.
Commissioner O'Bryan acknowledged that he would like to see the referendum be voted
on in November 2009. However, because of the cost, possible better voter turnout for a
regularly scheduled General Election, and in order to avoid any potential negative association
caused by cost-sharing negotiations with the Municipalities, he advocated placing the
referendum on the November 2010 General Election ballot.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, to direct staff to
move forward with an Ordinance, with the intent to place
the Referendum on Economic Development Ad Valorem
Tax Exemption on the November 2010 General Election
Ballot.
Chairman Davis agreed with Commissioner O'Bryan, stating that if the referendum is
placed on the November 2010 General Election ballot, the County would be able to add the
referendum to the ballot at no extra cost, and use resources already allocated for a general
election. He added that as much as he wanted to move the referendum ahead quickly, the
$117,000 would be a significant expense in this year's budget.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Wheeler absent), the Motion carried.
Commissioner O'Bryan noted that several of Attorney Fell's questions had been
answered by the above action, and there would now be time to deliberate over any other
concerns associated with the Referendum, such as public education on the referendum issue.
19
May 5, 2009
Attorney Fell confirmed that staff would bring back to the Board a separate item on the
remaining matters pertaining to the referendum which required Board direction.
13.B. STIPULATION CONCERNING EXTENDED POSSESSION FOR 66THAVENUE
PROPERTY OWNERS WILLIAM BETHEL, CHARLENE BROWN, RUTH AND
WILLIAM STANBRIDGE, HARRIS GROVES, JOHN AND DEBRA MAROTTO,
ERMA LEE LEWIS, MATTHEW AND HILDA HARBOURT, STEPHEN AND
SHELLY RYAN, PAUL AND RENNIE THOMPSON, JR. AND LAWRENCE AND
PHYLLIS BROWN
Deputy County Attorney William K. DeBraal reviewed the backup memorandum of
April 27, 2009, pertaining to a stipulation set forth in an Order of Taking, by which the County
would obtain title to parcels owned by the ten above -listed landowners, in exchange for allowing
the landowners a period of extended stay on the property. After providing an aerial projection
depicting the various right-of-ways and their relevance to the 66th Avenue Road Widening
project, Attorney DeBraal presented staff's recommendation to approve the Stipulation, and
enter into lease agreements with the individual land owners, and asked the Board to consider
how it would like to handle the rental property on one of the Stanbridge parcels.
Chairman Davis asked why, since Eminent Domain lawsuits had already been filed for
some of the cases, this item was not going before the Court, rather than coming before the
Commission.
Attorney DeBraal clarified that the stipulation was worked out between the County's
outside Counsel, Tony Policastro, of Policastro & LeRoux, P.A., and the landowners' Attorney,
Brent Simon, of Tileston, Simon and Holloway, P.A. He stated that the landowners have agreed
to this part of the lawsuit, where we do not have to go to court to contest the matter, and that the
County can take title to the property in exchange for the extended possession.
20
May 5, 2009
Attorney DeBraal confirmed for Commissioner Solari that Attorney Simon had seen and
agreed to the Stipulation.
A brief discussion ensued among Commissioners and staff, during which it was
established that the deposit amounts representing the appraised value of the land (listed on page
176), were not the agreed upon final terms for which the parcels would be purchased, as the
exact compensation due the landowner may differ from the appraised value, depending on a
mediated agreement or a jury trial.
Attorney Collins clarified for Commissioner Solari that the Stipulation speaks to a one-
year lease agreement, which would be extended in six-month increments, until such time as the
County notifies the landowners that the project is going to be put out to bid in the next 120 days.
Responding to Commissioner Solari's inquiry, Public Works Director Jim Davis
provided a timeline for the 66th Avenue Road Widening Project.
Ruth Stanbridge, 4835 66th Avenue, recalled that at the March 24, 2009, Commission
meeting, Deputy County Attorney Bill DeBraal had reported that the County's outside Counsel,
Policastro and LeRoux, P.A., would be filing the lawsuits on the condemnation of the properties
owned by William Bethel, William and Ruth Stanbridge, and Mary Charlene Brown, within 30
days, and proceeding to an Order of Taking. Mrs. Stanbridge noted that the landowners being
sued had not agreed to, or seen, the Stipulation or Lease Agreements, prior to viewing them on
today's Agenda. She had also been advised by Tileston, Simon and Holloway, P.A. that neither
they, nor Policastro and LeRoux, P.A., had seen the Lease Agreements.
Attorney DeBraal informed the Board that he had in his file, a letter from Attorney
Policastro to Attorney Simon, confirming the details of the stipulation, to which the lease
agreement was also attached. Moreover, Attorney DeBraal had, on May 4, 2009, received from
Attorney Policastro a mark-up of the Lease, sent from Attorney Simon. Attorney DeBraal
revealed that this was the first time he has learned that the three landowners might not be on
21
May 5, 2009
board with the Stipulation; for the last two or three weeks, they have been on board, according to
the County's outside Counsel and the landowners' Attorney.
Attorney Collins stated that the Board of County Commissioners was staff's client, and
that staff could not settle without the Commission knowing and approving the terms of the
Stipulation.
Commissioner Solari questioned the value of proceeding any further today (May 5,
2009), before the attorneys and the involved parties come to an agreement on the basic
components of the Stipulation and Lease Agreement.
The Board and staff continued to discuss the rationale for seeking Board approval for the
Stipulation and Lease Agreement. Attorney Collins advised Mrs. Stanbridge that she would
need to let her attorney know if the Stipulation and Lease Agreement is not acceptable to her, at
which time, a counterproposal or other remedy could be proposed by her attorney.
Mrs. Stanbridge set forth that the Stanbridges have not stipulated to anything, and she
was not selling her property; the County would have to take it from her. She would continue
deliberations through her attorneys.
Vice Chairman Flescher asked if there was any written confirmation that the seven
remaining landowners had assented to the Stipulation, and learned that Attorney DeBraal had a
copy of a letter from Attorney Policastro to Attorney Simon confirming the Stipulation which he
had laid out, pertaining to the ten landowners (listed on page 174 of the backup).
letter.
Mrs. Stanbridge made a Public Records Request for a copy of the above-mentioned
May 5, 2009
22
Bill Bethel, 66th Avenue, opposed the Board agreeing to the Stipulations prior to an
Order of Taking; discussed the high costs involved in a contested Order of Take; and stated that
he wanted to keep the Lease Agreements separate from the Stipulation.
Commissioner Solari wondered what would be the harm in waiting a week, to decide
whether each attorney has received copies of all the subject documents.
Attorney DeBraal saw no reason not to go forward with the other seven remaining
parties, while removing the three in question.
Commissioner Solari clarified for Mr. Bethel that the Board was not stipulating anything;
rather, County staff was asking the Commission, as one of the two involved parties, to say it
would agree to this, when the Stipulation is put together. He emphasized that until the Board
gives its agreement, staff cannot move this forward.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to authorize
staff to move forward with the Stipulation for the seven
parties, excluding the three in question; to authorize staff
to deposit the specified amounts into the registry of the
Court for the seven parties; and to direct staff to get
clarification regarding the three excluded parties, from the
two other attorneys involved.
After a brief discussion, it was confirmed that Attorney DeBraal would obtain further
information from Attorneys Policastro and Simon regarding the three excluded parties, and
present an update at the May 12, 2009 Commission meeting.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Wheeler absent), the Motion carried.
23
May 5, 2009
The Board: (1) approved for the Deputy County Attorney
to move forward with the terms of the Stipulation,
excluding the three parties William Bethel, Charlene
Brown, and Ruth and William Stanbridge., for the
following seven parties only: Harris Groves, John and
Debra Marotta, Erma Lee Lewis, Matthew and Hilda
Harbourt, Stephen and Shelly Ryan, Paul and Rennie
Thompson, Jr., and Lawrence and Phyllis Brown; (2)
authorized deposit of the appraised value of the needed
property, accordingly, for the seven above -listed parties,
into the registry of the Court; (3) authorized the Chairman
to execute the Lease for the seven above-named parties;
and (4) directed staff to provide an update and clarification
from the two attorneys involved, regarding the three
excluded parties, at the May 12, 2009 Commission
meeting.
13. C. ADDITION: ATTORNEY-CLIENT SESSION: DIVOSTA HOMES, L.P. AND
DIVOSTA HOMES HOLDINGS, L.L. C. VS. INDIAN RIVER COUNTY, CASE
No. 20070109 -CA -19
County Attorney William Collins informed the Commission that he desired an Attorney -
Client Session to receive advice concerning the litigation with DiVosta Homes, L.P. and DiVosta
Homes Holdings, L.L.C., on the topic of Waterway Village concurrency. The session will be
held at 11:30 a.m. on May 12, 2009 in the County Administrator's Conference Room. In
attendance will be Commissioners Wesley Davis, Joseph Flescher, Peter O'Bryan, and Bob
Solari (Commissioner Wheeler will be absent due to medical reasons); County Administrator
Joseph A. Baird, County Attorney William G. Collins II, County Outside Counsels John Shubin
and Juan Farach, of Shubin and Bass, P.A.; and a certified Court Reporter.
24
May 5, 2009
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN -NONE
14.A.1. ADDITION: SECTOR 3 BEACH RESTORATION PROJECT: UTILIZATION
OF UPLAND SAND SOURCES
Chairman Davis posed the following questions regarding the Sector 3 Beach Restoration
Project:
(1) Would the County be able to utilize the upland sand sources, in view of the
timeframes associated with permitting?
(2) As there is no cost-sharing agreement with the State this year, if the County could
move ahead with the offshore sources in a timely fashion, is it affordable?
(3) What information could be provided to the residents of the Island and the Beach and
Shore Advisory Committee, who are seeking an update on the beach restoration
project?
Chairman Davis proposed going directly to an RFP (Request for Proposal), instead of
going for an RFQ (Request for Qualifications), so that both Great Lakes Dredge and Dock
Company, and the upland sand source providers could provide their bids on the project, and costs
could be determined.
Jonathan Gorham, Coastal Resource Manager, explained that staff was taking two paths,
the first of which is to get the permit authorization, and the second to bid the Project. He stated
that the RFQ is the first step in identifying the upland sand source/s which would be most
appropriate for the Project, and then moving forward with their permitting.
Chairman Davis believed it would be more cost efficient to go straight to an RFP to
determine the affordability of the Project, and to then allocate the County's resources towards the
direction the County chooses to go.
25
May 5, 2009
Commissioner Solari remarked that this is not a case of the lowest price, but whether or
not the County can afford the price at all.
Commissioners and staff continued debating the pros and cons of issuing an RFP, rather
than an RFQ, in order to expedite the Project. The Board also discussed the length of time for
which a particular bid would be valid, and whether the use of the upland sand source/s would be
viable for the Sector 3 Project.
Vice Chairman Flescher believed in view of the time parameters, and taking into
consideration turtle nesting season and funding considerations, that working on parallel tracks
and going forward with an RFP, would serve to accomplish the job quicker.
Commissioner O'Bryan noted that the original intention of evaluating the upland sand
source/s had not been specific to the Sector 3 Project, but to provide an opportunity for the
upland sand miners to qualify for future projects.
Commissioner O'Bryan proposed extending the deadline for issuing the RFQ to allow for
Commissioner Wheeler's input.
(Clerk's Note: Commissioner Wheeler was on medical leave).
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, to extend the
deadline for the Request for Qualifications (RFQ) to
provide for Commissioner Wheeler's input.
Two upland sand source providers, Charles Cramer, 10761 U.S. 1, Sebastian, and Steve
Smith, Ranch Road Lake Sand Mines, 82nd Avenue, provided their perspective on the
complexity and cost of fulfilling the requirements entailed by the RFQ, without knowing that
they would be getting the bid. They told the Board that they had received verbal assurance from
26
May 5, 2009
Mr. Brantley of the DEP that their sand would not be turned down; that some of their sand was
already on Sector 3; and relayed Bob Brantley's comment that the majority of the Sector 3 job
was a dune restoration.
Dr. Gorham explained why the Sector 3 Project is a Beach Restoration Project, which is
authorized under a Joint Coastal Permit, and that the sand sources which are authorized for this
Project must be done so through the Joint Coastal Permit process.
County Administrator Joseph Baird noted that the County had been unable to get a
written assurance from Mr. Brantley that the DEP would permit the upland sand sources.
Mr. Cramer felt if the sand miners are not given a chance, the County would be missing
a golden opportunity.
Mr. Smith believed that if the RFP is delayed, by default the upland providers would be
excluded because they would be unable to put 1/2 million yards of sand up and have it dried and
prepared for the beach placement in time, because of turtle season.
It was the Board's Consensus to put this item on the Agenda for the May 12, 2009
meeting, with the option to remove it if Commissioner Wheeler is not in attendance.
Public Works Director Jim Davis commented that 20% of the design work would have to
be modified if the bids are accepted prior to receiving the permits, which would open up the
whole Project to Change Orders, after the bids are in.
Commissioner O'Bryan reiterated the need for further information, and said that the
Board members would weigh these matters at the May 12, 2009 Commission meeting.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Wheeler absent), the Motion was
27
May 5, 2009
approved. The Board extended the deadline for the
Request for Qualifications (RFQ) for the Sector 3 Beach
Restoration Project until May 12, 2009, to provide for
Commissioner Wheeler's input. If Commissioner
Wheeler is not present on May 12, 2009, the item will be
deferred to May 19, 2009, to allow Commissioner
Wheeler to provide his input, either in person or via
teleconference.
14.B. COMMISSIONER JOSEPH E. FLESCHER-NONE
14. C. COMMISSIONER GARY C. WHEELER -NONE
14. D. COMMISIONER PETER D. O'BRYAN--NONE
14.E. COMMISSIONER BOB SOLARI-NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
15. C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Regular Board of
County Commission Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately and appended to
this document.
28
May 5, 2009
15.C.1. APPROVAL OF MINUTES MEETING OF FEBRUARY 3, 2009
15.C.2. REPORT OF ACTIVITIES FOR SECOND QUARTER (JANUARY THROUGH
MARCH 2009)
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, on Motion duly made by Commissioner Solari, seconded
by Commissioner O'Bryan, and carried, the Board adjourned at 11:01 a.m.
ATTEST:
Jeff . arton, Clerk
JUN 0 2 2009
Minutes Approved:
BCC/MG/2009Minutes
May 5, 2009
Wesley S. Da is, Chairman
29
1(137PG351