HomeMy WebLinkAbout07/24/2007 (2)1.
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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JULY 24, 2007
CALL TO ORDER 1
INVOCATION 1
PLEDGE OF ALLEGIANCE 1
ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
PROCLAMATIONS AND PRESENTATIONS 3
5.A. PRESENTATION OF PROCLAMATION HONORING MS. ALMA LEE LOYFOR HER
HUMANITARIAN EFFORTS 3
5.B. PRESENTATION OF PROCLAMATION HONORING PAT POLITANO ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF HOUSING AUTHORITY 3
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF JUNE 5, 2007 3
6.B. WORKSHOP MINUTES OF JUNE 6, 20062007 --SJR WMD UPDATE 4
6.C. REGULAR MEETING OF JUNE 12, 2007 4
6.D. REGULAR MEETING OF JUNE 19, 2007 4
6.E. JOINT MEETING WITH VERO BEACH RE PIPER, JUNE 21, 2007 5
July 24, 2007 1
7. CONSENT AGENDA 5
7.A. APPROVAL OF WARRANTS-JULY 6, 2007-JULY12, 2007 5
7.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND 6
7.C. APPOINTMENT OF DEPUTY COUNTY ATTORNEY 6
7.D. CATHERINE RILEY REQUEST FOR RELEASE OF AN EASEMENT AT 1923 5TH
COURT SE (VERO SHORES SUBDIVISION UNIT 1) (ADMINISTRATIVE) 6
7.E. MICHAEL COURTNEY REQUEST FOR RELEASE OF AN EASEMENT AT 165591sT
COURT (LOT 3, INTERSTATE COMMERCIAL PARKSUBDIVISION)
(ADMINISTRATIVE) 7
7.F. MICHAEL COURTNEY REQUEST FOR RELEASE OF AN EASEMENT AT 167591sT
COURT (LOT 4, INTERSTATE COMMERCIAL PARKSUBDIVISION)
(ADMINISTRATIVE) 7
7.G. RENTAL AGREEMENT FOR USE OF CAFE IN NEW COUNTY ADMINISTRATION
BUILDING 7
7.H. IRC JAIL EXPANSION - TIME EXTENSION CHANGE ORDER #13 8
7i ACCEPTANCE OF CHANGE ORDER NO. 30 FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS 8
7.J. APPROVAL OF BID A WARD FOR IRC BID #2007077 RADIO SYSTEM CONSOLE
UPGRADES, DEPARTMENT OF EMERGENCY SERVICES 9
7.K. APPROVAL OF BID A WARD FOR IRC BID #2007078 MACON FX SOFTWARE
SERVICES, DEPARTMENT OF EMERGENCY SERVICES 9
7.L. CITRUS BEST MANAGEMENT PRACTICES COST SHARE CONTRACTS 10
7.M. OPEB (OTHER POST EMPLOYMENT BENEFITS ACTUARIAL VALUATION
CONTRACT TO BE AWARDED 10
7.N. GIFFORD PARK MULTI-PURPOSE LIGHTING PROJECT, FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (FDEP), FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP), COMPLETION DOCUMENTS
"NOTICE OF LIMITATION OF USE"PUBLIC RECORDS FILING 11
7.0. GRAND HARBOR SPOONBILL MARSH SITE -APPROVAL OF FINAL PAY TO
MASTELLER, MOLER, REED AND TAYLOR, INC. FOR EASEMENT DESCRIPTION
11
July 24, 2007 2
7.P. APPROVAL OFBID AWARD FOR BULK SODIUM HYPOCHLORITE TANKS, IRC BID
#2007073, UTILITIES DEPARTMENT 12
7.Q. UTILITY CONSTRUCTION STANDARDS 2006 - UCP 2821 12
7.R. UTILITY CONFLICT RESOLUTIONS BY UTILITIES DEPARTMENT FOR PUBLIC
WORKS DEPARTMENT BID NO. 2006-065, PROJECT NO. 9611 & 0001, CR 510
& CR 512 PHASE III IMPROVEMENTS, UCP NO. 2837, APPROVAL OF FINAL
PAYMENT TO CONTRACTOR, THE DANELLA COMPANIES, INC., AND RELEASE OF
RETAINAGE 12
7.S. AGREEMENT FOR THE DELEGATION OF RABIES CONTROL RESPONSIBILITIES
13
7.T. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID #2007060
CR510 FORCE MAIN REPLACEMENT, UTILITIES DEPARTMENT 14
7. U. RELEASE OF RETAINAGE, MUSCO SPORTS LIGHTING, LLC GIFFORD PARK
MULTIPURPOSE FIELD LIGHTING SYSTEM FRDAP #F7167 14
7.V. ARTIFICIAL REEF CONSTRUCTION MCCULLEY MARINE SERVICES, INC. GRANT
AGREEMENTFWCC-06111 15
7.W. RELEASE OF RETAINAGE - WORK ORDER NO. 4, CREECHENGINEERS, INC
FOR: FLEMING STREET EXTENSION, TOPOGRAPHIC/ ROUTE/ AERIAL
SURVEYING AND MAPPING SERVICES. STARTING FROM THE WEST END OF THE
EXISTING FLEMING STREET IN THE CITY OF SEBASTIAN TO US1, INCLUDING A
SECONDARY ROUTE TO OLD DIXIE HIGHWAY. INDIAN RIVER COUNTY PROJECT
No. 0618 15
7.X. APPROVAL OF STATE FINANCIAL ASSISTANCE AGREEMENT-DEP
AGREEMENT NO. LP6822 FOR EGRET MARSHREGIONAL STORMWATER PARK
16
7. Y. AMENDMENT AND EXTENSION OF HURRICANE DEBRIS REMOVAL CONTRACTS
FOR OMNI PINNACLE, LIC AND CERES ENVIRONMENTAL SERVICES, INC. 16
7.Z. RIGHT-OF-WAY ACQUISITION ROBERT L. SLEZAK AND MARY S. SLEZAK, 595
66TH AVENUE, PARCEL LD. 33-39-18-00001-0080-00005.2 17
7.A.A. AWARD OF RFP/BID FOR WATER TANK MAINTENANCE PROGRAM
RFP#2007057 17
July 24, 2007 3
7.B.B. RESIGNATION OF REAL ESTATE BROKER APPOINTEE TO THE PROFESSIONAL
SERVICES ADVISORY COMMITTEE 18
7. C.C. SECOND AMENDMENT TO MASTER PURCHASE AGREEMENT WITH NEC
UNIFIED SOLUTIONS 18
7.D.D. CONSULTING SERVICES WORK ORDER NO. 2 (UTILITY) WITH CARTER
ASSOCIATES, INC. FOR SURVEY SERVICES FOR THE WEST REGIONAL
TREATMENT FACILITY---UCP-2621 19
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 19
8.A. INDIAN RIVER COUNTY SHERIFF - ROY RAYMOND 19
FY 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT LOCAL
SOLICITATION (JAG) 19
9. PUBLIC ITEMS 20
9.A. PUBLIC HEARINGS 20
9.A.1. CONTINUATION FOR THE PAVING & DRAINAGE IMPROVEMENTS TO: 10TH
COURT SW, FROM 0TH STREET SW (OSLO ROAD) TO 7TH STREET SW INCLUDING
THE INTERSECTING STREETS (8TH STREET SW AND 7TH STREET SW) IN OSLO
PARK SUBDIVISION - IRC PROJECT NO. 0436 (ADMINISTRATIVE) 20
9.A.2. BAHIA HONDA REAL ESTATE INVESTMENTS IV LLC.'S REQUEST TO REZONE
16.67 ACRES FROMA-1 TO RM -8 (QUASI-JUDICIAL) 21
9.A.3. ROYAL PROFESSIONAL BUILDERS' REQUEST TO REZONE 29.63 ACRES FROM
A-1 TO RS -3 (QUASI-JUDICIAL) 23
9.A.4. REDSTICK GOLF COURSE INC. 'S REQUEST TO REZONE ±1.11 ACRES FROMA-1
TO RM -6 (QUASI-JUDICIAL) 24
9.A.5. HIBISCUS CHILDREN'S CENTER, INC. 'S REQUEST FOR SPECIAL EXCEPTION
APPROVAL TO CONVERT AN EXISTING GROUP HOME BUILDING TOA DAYCARE
FACILITY (QUASI-JUDICIAL) 25
9.A.6. FINAL HEARING - CONSIDERATION OF PROPOSED AMENDMENTS TO THE LDR
CHAPTER 911 TABLE OF USES FOR INDUSTRIAL DISTRICTS (LEGISLATIVE). 27
July 24, 2007 4
9.A.7. ORDINANCE AMENDING SECTION 305.11 OF THE INDIAN RIVER COUNTY CODE
(LEGISLATIVE) 34
9.B. PUBLIC DISCUSSION ITEMS 36
9.B.1. REQUEST TO SPEAK FROM ERIC GRANITUR, ESQUIRE, REGARDING
ELIMINATION OF ACCRUED INTEREST ON DEMOLITION LIENS FOR PARCEL
ADDRESS 400621sT AVENUE 36
9.B.2. REQUEST TO SPEAK FROM JOSEPH PALADIN, PRESIDENT OFBLACKSWAN
CONSULTING, REGARDING DISCUSSION AND CLARIFICATION OF PUBLIC
DISCUSSION ON WEEKLY AGENDA 36
9.B.3. REQUEST TO SPEAK FROM CHUCKMECHLING REGARDING CHAPTER 91037
9.C. PUBLIC NOTICE ITEMS NONE 38
10. COUNTY ADMINISTRATOR'S MATTERS -NONE 38
11. DEPARTMENTAL MATTERS 38
11.A. COMMUNITY DEVELOPMENT 38
11.A.1. CONSIDERATION OF PROPOSED LDR AMENDMENTS FOR MINES IN
AGRICULTURAL AREAS 38
11.B. EMERGENCYSERVICESNONE 39
11. C. GENERAL SERVICES -NONE 39
11.D. HUMANRESOURCESNONE 39
11.E. HUMANSERVICESNONE 39
11.F. LEISURE SERVICES -NONE 39
11. G. OFFICE OF MANAGEMENT AND BUDGET -NONE 39
11.H RECREATION 39
11.H1. FRDAP GRANT 39
11.L PUBLIC WORKS 40
11.L 1. RECOMMENDATION OF AWARD -MAIN RELIEF CANAL POLLUTION CONTROL
SYSTEM PROJECT NO. 0113, BID No. 2007066 40
July 24, 2007 5
11.L2. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510 FROM
61sT DRIVE TO SHORE LANE —AMENDMENT NO. 2 48
11.L 3. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR INTERSECTION
IMPROVEMENTS AT 66THAVENUEAND CR 510 —AMENDMENT NO. 3 49
11.L 4. AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. FOR ROADWAY IMPROVEMENTS, 66THAVENUE
FROM 4TH STREET TO SR 60 -IRC PROJECTNO. 9810 50
11.L 5. STORMWATER POND SITE AND RIGHT-OF-WAYACQUISITION, 66TH AVENUE,
NORTH OF 45T STREET, FUTURE 66TH AVENUE WIDENING AND
IMPROVEMENTS, RICHARD & MARYANNRENTSCHLER, OWNERS 50
11..1 UTILITIES SERVICES 51
11.J.1. NORTH & SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANS
WORK ORDER NO. 8 -DETERMINATION OF ALTERNATIVE WATER SUPPLY
SOURCE BY CAMP DRESSER & MCKEE, INC 51
11.J.2. AMENDMENT NO. 4 TO WORK ORDER NO. 1 WITHECOTECH CONSULTANTS,
INC. 52
11.J.3. WORK ORDER NO. 9 WITHMASTELLER AND MOLER, INC. FOR DESIGN OF
MASTER PLAN WATER MAIN, VERO LAKE ESTATES UCP - 2958 53
11.J.4. WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION FROM 2 MGD
TO 6 MGD —AMENDMENT NO. 1 FOR DIRECT PURCHASE OF MATERIALS UCP
2621 53
11.J.5. CHANGE ORDER NO. 2 TO IRC CONTRACT 2006012 WITH POOLE AND KENT
COMPANY OF FLORIDA, INC., FOR THE EXPANSION OF THE NORTHRO PLANT
54
12. COUNTY ATTORNEY MATTERS -NONE 55
13. COMMISSIONER ITEMS 55
13.A COMMISSIONER GARY C. WHEELER, CHAIRMAN -NONE 55
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR NONE 55
13. C. COMMISSIONER WESLEY S. DAVIS-NONE 55
July 24, 2007 6
13.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 55
13.E. COMMISSIONER PETER D. O'BRYAN 55
13.E. 1. REQUEST TO APPLY TO THE FLORIDA GREEN BUILDING COALITION TO
BECOME CERTIFIED ASA GREEN LOCAL GOVERNMENT 55
14. SPECIAL DISTRICTS AND BOARDS 56
14.A. EMERGENCY SERVICES DISTRICT -NONE 56
14.B. SOLID WASTE DISPOSAL DISTRICT 57
14.B.1. APPROVAL OF MINUTES - REGULAR MEETING OF JUNE 19, 2007 57
14.B.2. APPROVAL OF BID AWARD FOR IRC BID #2007071, 40 CUBIC YARD ROLL
OFF CONTAINERS/UTILITIES DEPARTMENT/SOLID WASTE DISPOSAL DISTRICT
57
14.B. 3. PROPOSAL TO ACHIEVE GAS EMISSION CREDITS OF LANDFILL GAS ON THE
CHICAGO CLIMATE EXCHANGE 57
14.B.4. CONTINUING CONSULTING SERVICES CONTRACT AMENDMENTS FOR SOLID
WASTE DISPOSAL DISTRICT 57
14.B. 5. ENGINEERING SERVICES FOR BORROW AREA PERMITTING 57
14.B. 6. ENGINEERING SERVICES FOR PROCUREMENT OFA LANDFILL
GAS-TO-ENERGYPROJECT 57
14. C. ENVIRONMENTAL CONTROL BOARD 57
14.C.1. REPORT OF ACTIVITIES DURING SECOND QUARTER APRIL THROUGH JUNE,
2007) 58
15. ADJOURNMENT 58
July 24, 2007 7
July 24, 2007
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, 1840 25th Street, Vero Beach, Florida, on
Tuesday, July 24, 2007. Present were Chairman Gary C. Wheeler, Vice Chair Sandra L. Bowden,
and Commissioners Joseph E. Flescher, and Peter D. O'Bryan. Commissioner Wesley S. Davis
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 Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
July 24, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner O'Bryan requested the addition of Item 7.D.D., Consulting Services
Work Order No. 2 (Utility) with Carter Associates, Inc. for survey services for the West Regional
Treatment Facility---UCP-2621
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-1 vote (Commissioner
Davis absent), the Board unanimously made the above
change to the Agenda.
Administrator Baird informed the Board that Glenn Legwen had submitted an
Emergency Request to be added to the agenda regarding a Code Enforcement matter. Chairman
Wheeler directed Mr. Legwen to explain his request.
Glenn Legwen, 5900 5th St. SW, disclosed that he had retained Engineer Frank
Farley to make a determination of the structural integrity of four structures on his property. He
declared that only one of the four buildings needed to be repaired, and wanted to present Mr.
Farley's assessment to the Board.
Vice Chair Bowden wanted to know if Mr. Farley was present and Mr. Legwen
replied that although Mr. Farley was unavailable today, he could attend a future meeting.
Chairman Wheeler conferred with the Board to see if they wanted to include Mr. Legwen's item
under Agenda Item 11., Departmental Matters, under Code Enforcement Community
Development.
July 24, 2007 2
Commissioner O'Bryan was opposed to allowing Mr. Legwen to address the Board
on an Emergency Request basis, but advised Mr. Legwen that he could obtain a form from the
County Administrator's office to request inclusion on the next agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION HONORING MS. ALMA LEE LOY
FOR HER HUMANITARIAN EFFORTS
Alma Lee Loy was not present to receive the Proclamation, which Chairman
Wheeler read into the record. He stated that the Second Annual Dan K. Richardson Humanitarian
Awards Ceremony would be held to honor Mrs. Loy on July 27, 2007, at 6:30 p.m., at the
Richardson Center of Indian River Community College.
5.B. PRESENTATION OF PROCLAMATION HONORING PAT POLITANO ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF HOUSING AUTHORITY
Commissioner Flescher read and presented the Retirement Award and Proclamation
to Pat Politano.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JUNE 5, 2007
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of June 5, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, by a 4-1 vote (Commissioner
Davis absent), the Board unanimously approved the
July 24, 2007 3
Minutes of the Regular Meeting of June 5, 2007, as written
and distributed.
6.B. WORKSHOP MINUTES OF JUNE 6, 10042007-SJRWMD UPDATE
The Chairman asked if there were any corrections or additions to the Workshop
Minutes of June 6, 2007 — SJRWMD Update. There was a correction to the date, as shown above.
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, by a 4-0 vote (Commissioner Davis
absent), the Board unanimously approved the Minutes of
the Workshop Meeting of June 6, 2007, as amended.
6.C. REGULAR MEETING OF JUNE 12, 2007
The Chairman asked if there were any corrections or additions to the Regular
Meeting of June 12, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the
Minutes of the Regular Meeting of June 12, 2007, as
written and distributed.
6.D. REGULAR MEETING OF .JUNE 19, 2007
The Chairman asked if there were any corrections or additions to the Regular
Meeting of June 19, 2007. There were none.
July 24, 2007 4
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the
Minutes of the Regular Meeting of June 19, 2007, as
written and distributed.
6.E. JOINT MEETING WITH VERO BEACH RE PIPER, JUNE 21, 2007
The Chairman asked if there were any corrections or additions to the Joint Meeting
with Vero Beach of June 21, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the
Minutes of the Joint Meeting with the City of Vero Beach,
of June 21, 2007, as written and distributed.
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS -JULY 6, 2007 --.JULY 12, 2007
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the list of
Warrants as issued by the Clerk to the Board for July 6,
2007 -July 12, 2007, as requested in the memorandum of
July 12, 2007.
July 24, 2007 5
7.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER
COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously accepted the report,
as recommended in the memorandum of July 17, 2007.
7.C. APPOINTMENT OF DEPUTY COUNTY ATTORNEY
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the
appointment of William K. DeBraal as Deputy County
Attorney, as required by County Code section 101.06, and
as recommended in the memorandum of July 17, 2007.
7.D. CATHERINE RILEY REQUEST FOR RELEASE OF AN EASEMENT AT 1923
5TH COURT SE (VERO SHORES SUBDIVISION UNIT 1)
(ADMINISTRATIVE)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved
Resolution 2007-078, releasing a portion of an easement
on Lot 14, Block 4, Vero Shores Subdivision Unit 1.
July 24, 2007 6
7.E. MICHAEL COURTNEY REQUEST FOR RELEASE OF AN EASEMENT AT
1655 918T COURT LOT 3, INTERSTATE COMMERCIAL PARK
SUBDIVISION) (ADMINISTRATIVE)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved
Resolution No. 2007-079, releasing an easement on Lot 3,
Interstate Commercial Park Subdivision.
7.F. MICHAEL COURTNEY REQUEST FOR RELEASE OF AN EASEMENT AT
1675 918T COURT LOT 4, INTERSTATE COMMERCIAL PARK
SUBDIVISION) (ADMINISTRATIVE)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved
Resolution No. 2007-080, releasing an easement on Lot 4,
Interstate Commercial Park Subdivision.
7.G. RENTAL AGREEMENT FOR USE OF CAFE IN NEW COUNTY
ADMINISTRATION BUILDING
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the rental
July 24, 2007 7
agreement with C.J. Cannon for use of the cafe in the new
County administration building, subject to reviews and
approvals by both the Office of Management and Budget
and the County Attorney, as recommended in the
memorandum of July 16, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. IRC JAIL EXPANSION — TIME EXTENSION CHANGE ORDER #13
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved Change
Order #13, with the date of Substantial completion for the
Medical Infirmary and Intake Sally Port elements of the
Project adjusted to September 10, 2007 and that the
Housing unit Date of Substantial completion be adjusted to
August 3, 2007 with no additional cost for General
Conditions beyond June 25, 2007, as recommended in the
memorandum of July 16, 2007.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.1. ACCEPTANCE OF CHANGE ORDER NO. 30 FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
July 24, 2007 8
Davis absent), the Board unanimously approved Change
Order #30 and authorized the Chairman to execute same, as
recommended in the memorandum of July 18, 2007.
CHANGE ORDER NO. 30 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.J. APPROVAL OF BID AWARD FOR IRC BID #2007077 RADIO SYSTEM
CONSOLE UPGRADES, DEPARTMENT OF EMERGENCY SERVICES
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the bid
award to Communications International of Vero Beach,
as the lowest most responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid, as recommended in the memorandum ofJuly 17, 2007.
7.K. APPROVAL OF BID AWARD FOR IRC BID #2007078 MACON FX
SOFTWARE SERVICES, DEPARTMENT OF EMERGENCY SERVICES
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the bid
award to Communications International of Vero Beach,
as the lowest most responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid, as recommended in the memorandum ofJuly 17, 2007.
July 24, 2007 9
7.L. CITRUS BEST MANAGEMENT PRACTICES COST SHARE CONTRACTS
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the list of
projects submitted by the Indian River Soil & Water
Conservation District (IRSWCD) entitled Applicant Score
Summary, and authorized the Chairman to execute same, as
recommended in the memorandum of July 16, 2007.
CONTRACTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. OPEB (OTHER POST EMPLOYMENT BENEFITS) ACTUARIAL
VALUATION CONTRACT TO BE AWARDED
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved Gabriel
Roeder Smith (GRS) as the firm to perform actuarial
services, and delegated to the County Administrator the
authority to execute a four-year professional services
agreement (with renewal periods of two years each) after
review and approval of the agreement by the Budget
Director and County Attorney's office, as recommended in
the memorandum of July 17, 2007.
July 24, 2007 10
7.N. GIFFORD PARK MULTI-PURPOSE LIGHTING PROJECT, FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP),
COMPLETION DOCUMENTS "NOTICE OF LIMITATION OF USE" PUBLIC
RECORDS FILING
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the form
and authorized the Chairman to execute same, for filing in
the public records, along with the Project Agreement and a
current site boundary map, as recommended in the
memorandum of July 17, 2007.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. GRAND HARBOR SPOONBILL MARSH SITE — APPROVAL OF FINAL PAY
TO MASTELLER, MOLER, REED AND TAYLOR, INC. FOR EASEMENT
DESCRIPTION
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the total
labor cost of $7,000.00, and approved Application for
Payment No. 1, as final payment to the Contractor,
Masteller, Moler, Reed & Taylor, Inc, in the amount of
July 24, 2007 11
$7,000.00, as recommended in the memorandum of July
17, 2007.
7.P. APPROVAL OF BID AWARD FOR BULK SODIUM HYPOCHLORITE TANKS,
IRC BID #2007073, UTILITIES DEPARTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the bid
award to Odyssey Manufacturing Co., as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid, as
recommended in the memorandum of July 17, 2007.
7.Q. UTILITY CONSTRUCTION STANDARDS 2006 - UCP 2821
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved adoption
of the revised Water and Wastewater Utility Standards, as
recommended in the memorandum of July 17, 2007.
7.R. UTILITY CONFLICT RESOLUTIONS BY UTILITIES DEPARTMENT FOR
PUBLIC WORKS DEPARTMENT BID NO. 2006-O65, PROJECT NO. 9611
& 0001, CR 510 & CR 512 PHASE IIIIMPROVEMENTS, UCP No. 2837,
July 24, 2007 12
APPROVAL OF FINAL PAYMENT TO CONTRACTOR, THE DANELLA
COMPANIES, INC., AND RELEASE OF RETAINAGE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the total
labor cost of $363,558.84 for The Danella Companies, Inc.
and also approved Application for Payment No. 3 — Final as
final payment to The Danella Companies, Inc., in the
amount of $18,177.94, as recommended in the
memorandum of July 11, 2007.
7.S. AGREEMENT FOR THE DELEGATION OF RABIES CONTROL
RESPONSIBILITIES
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved and
authorized the Chairman to execute the Agreement with the
Indian River County Health Department for the Delegation
of Certain Rabies Control Responsibilities, as
recommended in the memorandum of July 17, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 24, 2007 13
7.T. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID
#2007060 CR510 FORCE MAIN REPLACEMENT, UTILITIES
DEPARTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the bid
award to SPS Contracting, Inc., Vero Beach, FL, as the
lowest most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; approved
the Sample Agreement; and authorized the Chairman to
execute said Agreement 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 July 16, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.U. RELEASE OF RETAINAGE, MUSCO SPORTS LIGHTING, LLC GIFFORD
PARK MULTIPURPOSE FIELD LIGHTING SYSTEM FRDAP #F7167
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved final
payment and application for release of retainage in the
amount of $30,024.80, with costs for the project to be
July 24, 2007 14
eligible for 50% cost sharing per the August 3, 2006
agreement with the Florida Department of Environmental
Protection, Florida Recreation Development Assistance
Program (FRDAP), as recommended in the memorandum
of July 16, 2007.
7. V. ARTIFICIAL REEF CONSTRUCTIONMCCULLEYMARINE SERVICES,
INC. GRANT AGREEMENT FWCC-06111
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the
Invoice from McCulley Marine, with the Grant Amount of
$60,000.00 in FWC-06111 offered on a cost reimbursement
basis with no local match requirement, as recommended in
the memorandum of July 16, 2007.
7. W. RELEASE OF RETAINAGE — WORK ORDER No. 4, CREECH ENGINEERS,
INC. FOR: FLEMING STREET EXTENSION, TOPOGRAPHIC/ ROUTE/
AERIAL SURVEYING AND MAPPING SERVICES. STARTING FROM THE
WEST END OF THE EXISTING FLEMING STREET IN THE CITY OF
SEBASTIAN TO USI, INCLUDING A SECONDARY ROUTE TO OLD DIXIE
HIGHWAY. INDIAN RIVER COUNTY PROJECT No. 0618
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
July 24, 2007 15
Davis absent), the Board unanimously approved payment
in the amount of $9,946.98 for release of retainage for
Work Order No. 4, with Creech Engineers, Inc. as
recommended in the memorandum of July 16, 2007.
7.X. APPROVAL OF STATE FINANCIAL ASSISTANCE AGREEMENT — DEP
AGREEMENT NO. LP6822 FOR EGRET MARS H REGIONAL
STORMWATER PARK
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the State
Financial Assistance Agreement and authorized the
Chairman to execute same, as recommended in the
memorandum of July 11, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Y. AMENDMENT AND EXTENSION OF HURRICANE DEBRIS REMOVAL
CONTRACTS FOR OMNI PINNACLE, LLC AND CERES ENVIRONMENTAL
SERVICES. INC.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved and
authorized the execution of the amendments and extensions
July 24, 2007 16
for both debris removal agreements, as recommended in the
memorandum of July 10, 2007.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Z. RIGHT-OF-WAY ACQUISITION ROBERT L. SLEZAK AND MARY S.
SLEZAK, 595 66111 AVENUE, PARCELED.
33-39-18-00001-0080-00005.2
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved
Alternative No. 1, the $62,095.00 purchase, and authorized
the Chairman to execute same, as recommended in the
memorandum of July 18, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.A.A. AWARD OF RFP/BID FOR WATER TANK MAINTENANCE PROGRAM
RFP#2007057
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved: (1) the bid
award be made to U.S. C., Inc. d/b/a/ Utility Service Co.
Inc. in the amount of $190,383.00 per year, for five (5)
years, as set forth in the Request for Proposal (RFP), and
July 24, 2007 17
will not include retrofitting the Gifford tank for $77,630.00;
and (2) the nine (9) Water Tank Maintenance Contracts,
(each tank has a separate contract), and authorized the
Chairman to execute said Contracts, when the appropriate
Certificates of Insurance have been received and approved,
and the County Attorney has approved the Contracts as to
form and legal sufficiency, as recommended in the
memorandum of June 19, 2007.
CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7. B. B. RESIGNATION OF REAL ESTATE BROKER APPOINTEE TO THE
PROFESSIONAL SERVICES ADVISORY COMMITTEE
The Board noted the resignation of Rodney Paradise, Sr., Real Estate Broker
appointee to the Professional Services Advisory Committee.
7. C C SECOND AMENDMENT TO MASTER PURCHASE AGREEMENT WITH NEC
UNIFIED SOLUTIONS
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the Second
Amendment to the Master Purchase Agreement, and
authorized the Chairman to execute same, as recommended
in the memorandum of July 16, 2007.
July 24, 2007 18
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.D.D. CONSULTING SERVICES WORK ORDER No. 2 (UTILITY) WITH CARTER
ASSOCIATES, INC. FOR SURVEY SERVICES FOR THE WEST REGIONAL
TREATMENT FACILITY---UCP--2621
(Clerk's Note: This item is an addition to the Agenda)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved Work
Order No. 2, with Carter Associates, Inc., in the amount of
$2,740.00 for survey services associated with granting to
FP&L a utility easement, and authorized the Chairman to
execute same, as recommended in the memorandum of July
19, 2007.
WORK ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
8.A. INDIAN RIVER COUNTY SHERIFF — ROYRAYMOND
FY2007EDWARD BYRNEMEMORIAL JUSTICE ASSISTANCE GRANT
LOCAL SOLICITATION (JAG)
July 24, 2007 19
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved FY 2007
Edward Byrne Memorial Justice Assistance Grant Local
Solicitation (JAG), as requested in Sheriff Roy Raymond's
letter of July 18, 2007.
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. CONTINUATION FOR THE PAVING & DRAINAGE IMPROVEMENTS TO:
10TH COURT SW, FROM 9TH STREET SW (OSLO ROAD) TO 71.11 STREET
SW INCLUDING THE INTERSECTING STREETS (8TH STREET SW AND 7TH
STREET SW) IN OSLO PARK SUBDIVISION - IRC PROJECT No. 0436
(ADMINISTRATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Public Works Director Jim Davis presented this item, which was a continuation of
the public hearing that was held on June 19, 2007. At that time, staff was directed to meet with
property owners and pursue the possibility of adding sanitary sewer to the paving project. Director
Davis disclosed that after being told the cost for its inclusion, the property owners elected to
continue with the road -paving project without including sewer. He presented staff's
recommendation for approval of the paving project at 10th Court SW.
The Chairman opened the public hearing.
July 24, 2007 20
There were no speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved
Resolution No. 2007-081, confirming the assessment roll
for certain paving and drainage improvements to 10th Court
SW, from 9th Street SW (Oslo Road) to 7th Street SW
including the intersecting streets (8th Street SW and 7th
Street SW) in Oslo Park Subdivision — IRC Project No.
0436.
9.A.2. BAHIA HONDA REAL ESTATE INVESTMENTS IV LL C 'S REQUEST TO
REZONE 6.67 ACRES FROMA-1 TO RM -8 QUASI -.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating stated that Bahia Honda Real
Estate Investments IV LLC owned both the subject property and the land to the north. They
wanted the same zoning, RM -8, for both properties. Through a PowerPoint presentation (copy on
file), Director Keating displayed a map showing the land uses in the surrounding areas, and
July 24, 2007 21
provided detailed data relative to the rezoning. Director Keating advised the Board that both
County staff and Planning & Zoning (P&Z) recommended Board approval. He then invited
questions from the Commissioners.
Commissioner O'Bryan asked if there would be appropriate buffering between the
site on the south border and the commercial zone; if the Paradise Park parcel to the west, which is
currently zoned A-1, would eventually be built up to several units per acre; and if the developer of
the subject site would contribute to the SR60 Interest Share Agreement for the concurrency.
Director Keating replied in the affirmative to all three inquiries.
The Chairman opened the public hearing.
There were no speakers, and the Chairman closed the public hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, by a 4-0 vote (Commissioner Davis
absent), the Board unanimously adopted Ordinance No.
2007-024, amending the Zoning Ordinance and the
accompanying Zoning Map for more or less 6.67 acres
located west of 90th Avenue and approximately 1235 feet
north of the State Road 60 from A-1, Agricultural -1 District
(up to 1 unit/5 acres), to RM -8, multiple family residential
district (up to 8 units/acre); and providing codification,
severability, and effective date.
July 24, 2007 22
9.A.3. ROYAL PROFESSIONAL BUILDERS' REQUEST TO REZONE 29.63 ACRES
FROM A-1 TO RS -3 QUASI -.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating, through a PowerPoint
presentation, displayed a map of the subject area and provided detailed information on this item.
He stated that the rezoning from A-1 to RS -3 would allow the subject property to be developed
consistent with the single-family residential uses that are allowed in the L-1, Low Density, land
use category. He stated that Planning & Zoning (P&Z) and County staff recommended Board
approval of the rezoning.
Commissioner O'Bryan asked if road improvements would be made when the
property was developed. Director Keating declared that the developer would have to pave the road
to his entrance at the time of development.
The Chairman opened the public hearing.
There were no additional speakers, and the Chairman closed the public hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, by a 4-0 vote (Commissioner Davis
absent), the Board unanimously adopted Ordinance No.
2007-025, amending the Zoning Ordinance and the
accompanying Zoning Map for more or less 29.63 acres
located South of 33`d Street and approximately 1650 feet
July 24, 2007 23
west of 66th Avenue from A-1, Agricultural -1 District (up
to 1 unit/ 5 acres), to RS -3, Single Family Residential
District (up to 3 units/acre); and providing codification,
severability, and effective date.
9.A.4. REDSTICK GOLF COURSE INC.'S REQUEST TO REZONE ±1.11 ACRES
FROM A-1 TO RM -6 (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating gave a PowerPoint presentation
depicting the subject property, two parcels that lie within two different zoning districts, and the
surrounding areas. Changing the zoning from A-1 to RM -6 would provide a continuation of RM -6
zoning to the north and to the east, so the entire site could be developed with the land uses
permitted under that district. Director Keating informed the Board that P&Z and County staff
recommended Board approval of the rezoning.
Commissioner O'Bryan wanted to know if most of the residential development
would go into the proposed and existing RM -6 zones, and if there was sufficient right of way along
King's Highway. Director Keating responded, "Yes," to the first inquiry and to the second,
revealed that the necessary right of way would be secured at development approval time.
The Chairman opened the public hearing.
July 24, 2007 24
Renee Renzi, Waverly Place, stated that there was no mention of school
concurrency on the concurrency list. Director Keating divulged that a Comprehensive Plan
Amendment to put school concurrency in place had been submitted.
There were no additional speakers, and the Chairman closed the public hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, by a 4-0 vote (Commissioner Davis
absent), the Board unanimously adopted Ordinance
2007-026, amending the Zoning Ordinance and the
accompanying Zoning Map for more or less 1.11 Acres
located east of 58th Avenue and approximately 170 feet
south of 85th Street, From A-1, Agricultural -1 District (up
to 1 unit/5 acres), to RM -6, Multiple Family Residential
District (up to 6 units/acre); and providing codification,
severability, and effective date.
9.A. 5. HIBISCUS CHILDREN'S CENTER, INC.'S REQUEST FOR SPECIAL
EXCEPTION APPROVAL TO CONVERT AN EXISTING GROUP HOME
BUILDING TO A DAYCARE FACILITY (QUASI -.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling stated that this item had undergone the site plan
review process in a public hearing before the Planning & Zoning Commission. Through a
PowerPoint presentation, he displayed the location and layout of the group home building. The
July 24, 2007 25
request to change one of the existing group homes would allow childcare use for both the children
who are on site, and the children from the community. Director Boling noted that special
exception criteria have all been met, and stated that P&Z and County staff recommended Board
approval of this item.
Commissioner O'Bryan made inquiries regarding the maximum number of children
permitted in the day care facility, and about the traffic and parking situation. Director Boling
declared that the state regulated the maximum number of children who were allowed in the
daycare (37), and stated that no traffic/parking improvements would be necessary to accommodate
the daycare facility.
The Chairman opened the public hearing.
There were no additional speakers, and the Chairman closed the public hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, by a 4-0 vote (Commissioner Davis
absent), the Board unanimously found that, in conjunction
with the recommended conditions: (1) it is empowered
under the provisions of Chapter 971 to review the special
exception use applied for; (2) the granting of the special
exception use will not adversely affect the public interest;
and (3) the application satisfies the general and specific
criteria required for special exception approval.
The Board granted special exception approval for the
proposed daycare use, as recommended in the
memorandum of July 17, 2007.
July 24, 2007 26
9.A. 6. FINAL HEARING — CONSIDERATION OF PROPOSED AMENDMENTS TO
THE LDR CHAPTER 911 TABLE OF USES FOR INDUSTRIAL DISTRICTS
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Clerk's Note: Court Reporter Patricia L. Nelson was present on behalf of Attorney
Geoffrey Smith.
Planning Director Stan Boling stated that this was the second of two public hearings
on the proposed land development regulation. The first was held on July 11, 2007.
Through a PowerPoint presentation, Director Boling recapped his memorandum of
July 13, 2007 and discussed the classification system governing the County's two zoning districts,
Light Industrial (IL) and General Industrial (IG). He said the proposed amendment to the
Ordinance deals with eliminating paper manufacturing, and brick and tile manufacturing, from the
IL zoning district and moving them to the IG zoning district.
Director Boling related that the Planning & Zoning Commission (P&Z) believed the
Board needed to evaluate how existing applications would be affected by the proposed
amendment. He pointed out that no changes had been made to the amendment at the July 11, 2007
hearing, thus he presented staffs recommendation for Board adoption of the proposed Ordinance
as presented.
Vice Chair Bowden wanted to know why Ocean Concrete had not yet received their
permit. Director Boling observed that traffic and right of way had been listed as problems on
July 24, 2007 27
Ocean Concrete's application. Thus far, the company's application has not been resubmitted to
demonstrate compliance.
Commissioner Flescher asked County Attorney Collins if a decision made today
would include all existing applications. County Attorney Collins replied that if the Board decided
to grandfather, all applications that would be affected by the proposed amendment would need to
be included.
The Chairman opened the public hearing.
Geoffrey Smith, Esquire, Smith & Associates, representing Ocean Concrete, asked
the Board to consider rescheduling their final vote so the full Commission could participate in the
decision. He asked the Board to move forward with the proposed change, while allowing
existing applications to remain. Attorney Smith pointed out that the proposed change might not
solve the perceived problem of having industrial sites too close to residential areas, since many IG
sites are in equal or closer proximity than Ocean Concrete would be to residential areas.
Robert Nyberg, 6635 110th Street, spoke in opposition to Ocean Concrete, citing
the reduction in property values for neighboring homeowners, and the necessity for rebuilding Old
Dixie Highway to provide access to the plant.
George Maib, Ocean Concrete, asked the Board to recognize the irreparable harm
and economic hardship that would occur to his family and him, if the Board did not
grandfather -in his application. Mr. Maib pointed out that throughout the application process,
Ocean Concrete had followed County Code and staff's recommendations. Mr. Maib thanked the
Commissioners for the opportunity to be heard and invited them to ask questions of any of his
professional consultants.
July 24, 2007 28
Bob Ashcroft, 6283 North Mirror Lake Drive, voiced his concerns about pollution
and negative impact on property values.
Todd Smith, Engineer for Ocean Concrete, refuted some of the remarks made
earlier by private citizens, that had been directed against Ocean Concrete. Mr. Smith agreed with
Attorney Smith that the proposed amendment would not really provide a solution for keeping
industrial zoning away from residential areas.
Vice Chair Bowden wondered how many parcels Ocean Concrete would have to
acquire to provide right-of-way on the current one-way road. Public Works Director Jim Davis
presented the particulars of the right-of-way and mentioned that he had approached property
owners regarding their willingness to donate right -of way land to the County, and there had not
been a consensus.
Further discussion ensued among Vice Chair Bowden, Attorney Collins, and Mr.
Smith about the size requirements and proper placement for the right-of-way. Ideas were offered
regarding the feasibility of utilizing a southern route, which did not seem to require any
right-of-way acquisition from property owners.
Richard Marco, 6522 River Run Drive, urged the Board to protect citizens from
heavy industry by passing the proposed amendment. He opined that if any grandfathering -in was
done, it should be on the behalf of the residences that were there prior to heavy industry.
Joseph Paladin, Chairman, Growth Awareness Committee, 6450 Tropical Way,
supported staff on the proposed ordinance. His questions about the permitting process and the
right -of -way were answered by Director Boling and Attorney Collins.
July 24, 2007 29
Ray Halloran, Sebastian, declared that over 20,000 Sebastian residents, supported
by the City Council members, endorsed Board approval of the amendment.
Kelly Mather, Sebastian, urged Board approval of staffs recommendation to
remove heavy industry from IL zoning.
The Chairman called a recess at 10:34 a.m. and reconvened the meeting at 10:52
a.m. with all members present.
Don Wright, 720 North Fischer Circle, presented slides which showed the
proximity of the proposed concrete plant to the Indian River Lagoon, and illustrated current land
and population use in Sebastian. He wanted the Board to approve staffs recommendation.
City Manager Al Minner, Sebastian, stated, for the record, that the City of
Sebastian supported staffs recommendation to remove industrial classifications from IL zoning.
He did not believe that Ocean Concrete had earned vested rights.
William Cox, River Run, discussed the lack of regular monitoring for air quality
and was concerned about pollution of the well water. He urged Board approval of the proposed
LDR Amendment.
Ralph Brown, Jacksonville Beach, FL, supported staffs recommendation to amend
the LDR without grandfathering -in the plant. He stated that the County had extended quite a bit of
money trying to help Ocean Concrete secure access.
Director Davis and Chairman Wheeler clarified that no County money had been
spent to provide a road for the applicant. The County had honored a request by the City of
July 24, 2007 30
Sebastian to survey an alignment (which would touch the south boundary of the proposed site) for
funding a street extension through their city.
Fred Mensing, 7580 129th Street, suggested that the Board approve the
amendment, grandfather -in Ocean Concrete for the term of their present permit, and see if the
business could qualify for approval.
Nancy Marco, Sebastian, talked about maintaining the charm of Sebastian and
expressed concerns about the environment and wildlife.
Honey Minuse, Vero Beach, President of Indian River Neighborhood Association,
supported the Board's decision to accept staffs recommendation, without grandfathering -in the
concrete plant.
Art Krieger spoke in support of Ocean Concrete, stating that they had followed the
County's rules, secured three permits, and submitted the proper applications. Mr. Krieger
considered not grandfathering -in the developer to be a violation of citizen's rights.
Susan Cressionnie, Sebastian, read a statement about the negative impacts that the
concrete plant would have on surrounding residences and businesses.
Gail Sturgis, Vero Beach, made inquiries regarding the developer's road access
issues. Attorney Collins clarified that the subject under discussion was what uses were
appropriate in the IL district.
Gerald L. Marvin, Jr., 6047 North River Run Drive, expressed concerns about the
health aspects of the concrete plant and the devaluation of surrounding properties. He asked the
Board to support staffs recommendations.
July 24, 2007 31
Steve Burritt, 819 Bailey Drive, expressed concerns about large trucks and
increased railway traffic ruining Sebastian's riverside ambience.
William Sandy, Sebastian, declared that the majority of Sebastian residents,
including City Council members, advocated the LDR change to the existing Ordinance. He
requested that his plea, to approve staffs recommendation without grandfathering -in any existing
applications, be made part of the public record.
Bob Pickett, IRNA, asked the Board to pass the Amendment without
grandfathering -in any existing applications.
Cy Carlson, Roseland, affirmed that adopting the amendment would be to the
common good.
Glenna Sundberg implored the Board to keep Sebastian as it is.
Beulah Kinney, Sebastian, asked the Board to keep Sebastian healthy and beautiful.
Richard Brown wanted the Board to approve the LDR change. He discussed a
letter he had received from Director Davis regarding selling 10 feet of his property to the County
for road access to the main entrance and exit of the concrete plant.
Director Davis explained that the Public Works Department has always had an
interest in making Old Dixie a two-way road, as the current road is one lane without depicting
signage. He related that when Todd Smith (engineer for Ocean Concrete) came to his office, he
(Director Davis) agreed to help obtain the right of way, for which the developer agreed to pay.
July 24, 2007 32
Mr. Brown brought up some problems he had experienced with his mining
business, stating that he had been accused by staff of using the wrong haul road. Director Davis
stated that he had merely communicated to Mr. Brown the condition of his permit.
Dr. Geo Freed, 110`h Street, supported Board approval of the amendment, and
commented that the community that was here when the town was a fishing village was the only
thing that should be grandfathered.
There were no additional speakers, and the Chairman closed the public hearing.
Commissioner Flescher MOVED, SECONDED by
Commissioner O'Bryan for discussion, to accept staffs
recommendation and to adopt the amendments to Chapter
911, void of any exception or merit for grandfathering of
vested rights.
Commissioner O'Bryan made observations regarding the grandfather issue. He did
not believe that giving applicants the benefit of the doubt applied in cases of public safety. He had
grave concerns about the lack of any real protection in the environment and in public safety.
Commissioner O'Bryan related that his Assistant had contacted the Department of Environmental
Protection (DEP) regarding inspections of concrete batch plants, and had been told that, due to
budget cuts, no spot checks were being conducted. His Assistant had also learned that the last
inspection of a concrete batch plant in the County had been on March 14, 1994.
Chairman Wheeler supported the Motion. He had given a great deal of consideration
to Sebastian's feelings on this issue. Additionally, he felt that the concrete plant was not vested.
He concurred with the speaker who had said that to grandfather -in Ocean Concrete would continue
July 24, 2007 33
an error in the County's LDR's, and agreed that grandfathering should apply only to something
that has been a part of the community.
Vice Chair Bowden concurred with the other Commissioners.
The Chairman CALLED THE QUESTION and by a 4-0
vote (Commissioner Davis absent), the Motion carried
unanimously. The Board adopted Ordinance 2007-027,
concerning amendments to Land Development Regulations
(LDRs); providing findings; providing for amendments to
Chapter 911, Zoning, by revising the Table of Uses for
Industrial Districts in Section 911.11(4); providing for
repeal of conflicting provisions; codification; severability;
and effective date.
The Chairman called a recess at 11:50 a.m. and reconvened the meeting at 12:04
p.m. with all members present.
9.A. 7. ORDINANCE AMENDING SECTION 305.11 OF THE INDIAN RIVER
COUNTY CODE (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 provided background information on this
Ordinance, which would amend the County's Code to be consistent with current Florida law.
Attorney Fell explained that the County was allowed to collect $65.00 for certain criminal offenses
July 24, 2007 34
as set forth in the Florida Statutes. Per the updated Statutes, those fees may also be collected on
juvenile delinquency cases. Ms. Fell asked the Board to adopt the Ordinance.
The Chairman opened the public hearing.
There were no speakers, and the Chairman closed the public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chair Bowden, by a 4-0 vote (Commissioner Davis
absent), the Board unanimously adopted Ordinance
2007-028, amending existing Section 305.11 of the Code to
include "adjudicated delinquent for delinquent acts" as a
category of offenses that may be assessed the additional
court costs pursuant to Florida Statutes Section
939.185(1)(a)(2007); providing findings; amending
Section 305.11 of the Code to add "adjudicated delinquent
for delinquent acts" as a category of offenses that may be
assessed the additional court costs pursuant to Florida
Statutes Section 939.185(1)(a); providing for repeal of
other conflicting ordinances; providing for severability;
providing for inclusion in the Code of Indian River County;
providing for filing with the Department of State; and
providing for an effective date.
July 24, 2007 35
9.B. PUBLIC DISCUSSION ITEMS
9.B.1. REQUEST TO SPEAK FROM ERIC GRANITUR, ESQUIRE, REGARDING
ELIMINATION OF A CCRUED INTEREST ON DEMOLITION LIENS FOR
PARCEL ADDRESS 4006 21ST A VENUE
Eric Granitur, Esquire, 535 Greytwig Road, spoke on behalf of First Nationwide
Holdings who purchased the 4006 21st Avenue property at a tax deed sale in September 2006. At
that time, there were two demolition liens on the property. Attorney Granitur requested that the
Board waive, for the new owner, the accrued interest on those liens.
Administrator Baird does not recommend waiving any interest, as charging interest
encourages payment. Chairman Wheeler and Commissioner O'Bryan agreed with staff's
recommendation.
Chairman Wheeler confirmed with Attorney Collins that First Nationwide Holdings
would have to pay for the accrued interest.
9.B.2. REQUEST TO SPEAK FROM JOSEPH PALADIN, PRESIDENT OF BLACK
SWAN CONSULTING, REGARDING DISCUSSION AND CLARIFICATION OF
PUBLIC DISCUSSION ON WEEKLY AGENDA
Joseph Paladin discussed what he perceived was unfair treatment. At the April 17,
2007 Board meeting, two individuals were permitted to speak after his presentation on the Paladin
Plan. He did not understand why the Chairman had denied some individuals a chance to speak
after his presentation on the Paladin 20/50 Plan at the July 17, 2007 Board meeting. Mr. Paladin
read the definition of "public discussion" and asked the Chairman to set forth its criteria.
July 24, 2007 36
Chairman Wheeler stated that the Board policy is to be open and allow people to
speak. Chairman Wheeler pointed out that the Commissioners had listened to Mr. Paladin's
presentation twice, at length, and people had been allowed to speak at the April meeting. Chairman
Wheeler declared that he had not prevented people from speaking on July 17; he had stated his
position and asked the other Commissioners for feedback. As there was no response, and he had
not seen any audience members raise their hands to speak, he moved the agenda forward. He did
not see the necessity for going into the plans, because planning, zoning, and expansion matters are
researched and evaluated by staff He did not want to make any decisions after presentations by
citizens, without input from staff and professionals.
Commissioner O'Bryan made it clear that an agenda item is not designed to
substitute for a workshop. He reminded Mr. Paladin that he could request a Public Workshop to
review the Paladin Plan.
Chairman Wheeler told Mr. Paladin that the procedure for public speaking would
continue as it has been in the past with the Board allowing people to speak; however, if they
wanted to be assured of that, people should complete the request to speak form.
NO ACTION REQUIRED OR TAKEN.
9.B. 3. REQUEST TO SPEAK FROM CHUCK MECHLING REGARDING CHAPTER
910
Chuck Mechling, 1999 Point West Drive, mentioned that there had been some
change to Chapter 910, Concurrency Management. He wanted to go on record to make sure that
local developers were treated equitably.
July 24, 2007 37
Commissioner O'Bryan asked Mr. Mechling if he would be available to work with
staff Mr. Mechling replied in the affirmative. Commissioner O'Bryan added that since this
would be an LDR change, there would be public hearings with opportunities for local people to
provide their input.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS -NONE
10. COUNTY ADMINISTRATOR'S MATTERS -NONE
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT
11.A.1. CONSIDERATION OF PROPOSED LDR AMENDMENTS FOR MINES IN
AGRICULTURAL AREAS
Director Boling presented background information on the request to modify the
County's mining requirements in agricultural areas. He recapped his memorandum of July 13,
2007, and explained that the Planning & Zoning Commission (P&Z) approves mining operations
as administrative permit uses; they may attach conditions of approval to those uses. P & Z is
requesting that changes be made to LDR Chapter 934, Excavation and Mining, which would put
what has become standard practice into the Code. Director Boling presented staff s
recommendation for the Board to direct staff to formally initiate the amendment process.
July 24, 2007 38
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chair Bowden, by a 4-0 vote (Commissioner Davis
absent), the Board unanimously approved to direct staff to
initiate amendments to LDR Chapter 934, as recommended
in the memorandum of July 13, 2007.
11.B. EMERGENCY SERVICES -NONE
TLC. GENERAL SERVICES -NONE
11.D. HUMAN RESOURCES -NONE
11.E. HUMAN SERVICES -NONE
11.F. LEISURE SERVICES -NONE
11. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
11.H. RECREATION
11.H.1. FRDAP GRANT
Cliff Crawford, Recreation Director, related that the Florida Recreation
Development Assistance Program Grant (FRDAP) was for improvements to the South County
Regional Park. The $200,000.00 Grant was applied for in September 2006, and required a
July 24, 2007 39
matching grant that would be paid out of County impact fees. Mr. Crawford listed some of the site
improvements and asked for Board approval of this Grant.
MOTION WAS MADE by Vice Chair Bowden,
SECONDED by Commissioner O'Bryan, for discussion, to
approve the Florida Recreation Development Assistance
Program Grant (FRDAP) and to authorize the County
Administrator or his designee to execute said Grant, as
recommended in the memorandum of July 10, 2007.
Chairman Wheeler wanted to know if the improvements included the large pavilion
that had been discussed in the past. Mr. Crawford explained that the plan was for an outdoor picnic
pavilion.
The Chairman CALLED THE QUESTION and by a 4-0
vote (Commissioners Davis absent), the Motion carried
unanimously.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I. PUBLIC WORKS
11.1.1. RECOMMENDATION OF AWARD — MAIN RELIEF CANAL POLLUTION
CONTROL SYSTEM PROJECT NO. 0113, BID NO. 2007066
Public Works Director Jim Davis presented this item to the Board by reviewing his
memorandum of July 13, 2007. The County had received four bids for the construction of the
Main Relief Canal Pollution Control System, which would be used to clean up the water from the
July 24, 2007 40
Indian River Farms watershed prior to it reaching the Indian River Lagoon. Of the four bids
received, Lucas Marine Inc. and Giannetti Contracting Corporation had the lowest, but staff felt
that Lucas Marine, with experience in this type of work, was the best and most responsive bidder.
Director Davis stated that the County would like to purchase certain equipment directly to save
some costs. He asked for Board approval of staffs recommendation to award the bid to Lucas
Marine.
Ira Hatch, Esquire, Hatch & Doty, Counsel for Giannetti Contracting Corporation,
requested that the Board reject staffs recommendation, and award the contract to Giannetti, whose
bid was $250,000.00 cheaper.
Vincent Vaccarella, P.A., also representing Giannetti Contracting Corporation,
reiterated Attorney Hatch's request for the Board to award the contract to his client. Using a
PowerPoint presentation, he displayed the cost differential between Lucas Marine and Giannetti's
bids, displayed Giannetti's licensure, and refuted the allegations made by Lucas Marine in their
bid protest, that Giannetti was not qualified nor properly licensed to do the work. Attorney
Vaccarella reminded the assembly that the State Bid Procurement Manual mandates that contracts
must be awarded to the lowest most responsive and responsible bidder.
Paul Del Vecchio, Florida Licensing Construction Board, reported that Giannetti's
licenses were an almost exact match with the scope of work presented under the bid documents.
Commissioner O'Bryan asked Director Davis if the bid document listed specific
licenses or just scope of work, and wanted to know if Giannetti Construction had a license for all
the required disciplines. Director Davis responded that the contract documents included
extensive scope of work. The contractor must be fully licensed (or have a subcontractor who is) to
do the type of work provided for in the contract. Attorney Collins added that Giannetti has a
residential and underground utility license, and an excavation -contracting license.
July 24, 2007 41
Attorney Collins related that there were questions regarding whether Giannetti was a
responsive bidder in terms of licensure, experience, and in submitting required bid documents,
including an affidavit that should had been signed by the subcontractor.
Commissioner Flescher asked Attorney Collins if the concerns being aired were
about licensure or delivery of service. Attorney Collins replied that the question was whether
Giannetti Contracting had experience in the area of work that is specified in the contract. Director
Davis added that Giannetti's bid did not show that they had done these types of projects. He
reiterated that the General Contractor's license was very important to this project because it
involved many types of work besides underground utility.
Attorney Vaccarella stated that a list of qualifications had been sent to the County
Attorney. Attorney Collins divulged that he had met with the Stormwater Engineer, the Project
Engineer, and the Purchasing Manager to review the information, and it was still not determined
that Giannetti had a responsive bid.
Mr. Rick Giannetti, owner of Giannetti's Contracting Corporation, discussed the
types of projects his company was involved in and presented informational packets to the
Commissioners (copy on file). He stated that his company specialized in dewatering (moving and
relocating water) projects, and declared that there was nothing in the subject project that Giannetti
could not handle.
Attorney Vaccarella declared that under the Competitive Bid Laws of Florida and
of the County, Giannetti Contracting Corporation was the lowest bidder for this project. Attorney
Vaccarella referred to the affidavit mentioned earlier, and stated that the form had not specified
who was supposed to sign it.
July 24, 2007 42
Chairman Wheeler asked for clarification on why Lucas Marine was recommended
over Giannetti Contracting, and wanted to know if Giannetti met all the qualifications to do this
job. Director Davis said the primary difference is the type of projects that the contractors have
done.
Director Davis discussed the need for a certified full general contractors license
which would enable completion of the entire project.
Chairman Wheeler posed questions regarding Giannetti Contracting's licensure, and
their compliance with the document requirements and bid process. He wondered if their bid would
provide a $250,000.00 savings, and questioned whether the County had the option to choose the
second lowest bidder, Lucas Marine. Attorney Collins stated that it was staffs recommendation
that, although Giannetti Contracting might be the lowest bidder, they were not responsive in terms
of their licensing, their experience and the bid documents that they submitted.
Commissioner Flescher asked Attorney Collins if Giannetti Contracting was a
competitive and responsive bidder. Attorney Collins clarified that "competitive" refers to price,
and "responsive" refers to qualifications. He explained that the responsiveness of the bidder was
still in question. The bid documents required the contractor to have five years of experience in
similar project construction, and to have completed, as prime contractor, at least three projects
similar in scope to this project.
Commissioner Flescher asked Attorney Collins about Giannetti Contracting not
including some of the necessary bid documents. Attorney Collins stated he was referring to the
inclusion of "utilization standards", which provide that the bidder shall include in its bid
documents fair share percentages, the minority and women's business enterprise goals, as
designated by the State, or submit other proposed goals with their bids.
July 24, 2007 43
Attorney Hatch responded to the Board's concerns about licensure, bid documents,
and the affidavit. He noted, on the latter item, that Lucas Marine had not submitted the affidavit at
all.
Director Davis declared that having reviewed the information provided by Giannetti
Contracting at today's meeting, he remained unconvinced that they had done a similar project.
Vice Chair Bowden inquired as to how many similar projects Lucas Marine had
completed, to which Director Davis replied there were at least three.
Chairman Wheeler commented that Giannetti Contracting's handout illustrated
some pretty gigantic projects. He believed that the contractor should be capable of following
through on other complicated projects.
Vice Chair Bowden agreed, and wondered if this was specialty work.
Director Davis clarified that this project entailed marine construction, and reiterated
that he did not see any projects that involved the type of structure that was going to be placed in the
Main Relief Canal.
Mr. Giannetti discussed some of the projects his company had been involved in,
and declared that Giannetti was a diverse contractor with the knowledge to do the subject project.
Commissioner O'Bryan acknowledged that Giannetti Contracting did excellent
quality work, and he was glad that they were doing the County's Rockridge Project. However,
since the County Attorney, Purchasing Director, Public Works Director and several other
department heads had concurred on this award, he believed the Board should rely on staffs
recommendation.
July 24, 2007 44
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chair Bowden for discussion, to
award a Construction Contract to the lowest responsive
bidder, Lucas Marine, Inc., in the total amount of
$3,369,799.60.
Vice Chair Bowden told Mr. Giannetti she was delighted his company was handling
the Rockridge Project.
Chairman Wheeler agreed with Commissioner O'Bryan, but thought that being a
contractor meant knowing how to construct things.
Administrator Baird observed that he had met with his staff, including the engineers,
who had felt very uncomfortable with selecting Giannetti Contracting. The County thought that
Giannetti did good work, but staff felt they did not have the experience in this particular project.
There was some discussion between Vice Chair Bowden and Administrator Baird
about the cost differential between Lucas Marine and Giannetti Contracting. Mr. Baird stated he
needed to rely on staff s recommendation on this matter.
Attorney Vaccarella reiterated that the County's own Procurement Code had a
requirement as to how contracts were awarded. The contract must be awarded to the lowest
responsive, most responsible bidder, which is Giannetti Contracting Corporation.
Chairman Wheeler inquired as to the type of warranty that would be provided on this
project. Discussion ensued among the Commissioners, Administrator Baird, and Attorney
Vaccarella regarding the $5 million bond that would be provided, and how it would work.
July 24, 2007 45
Administrator Baird asked Attorney Collins if the County's policies had been
followed. Attorney Collins revealed that he had come across a legal case regarding discretionary
determinations of bids, and he felt that the County had followed legal procedure. He reiterated that
the pertinent point was the responsiveness of the low bidder, regarding the licensure and
experience issues.
Vice Chair Bowden established that she would approve staffs recommendation.
Chairman Wheeler had reservations, but as he felt he was not qualified to make a
decision as to Giannetti Contracting's responsiveness, he would follow staffs recommendation.
Commissioner Flescher was impressed with the booklet Giannetti Contracting had
provided to the Board. However, he did not believe himself qualified to make a determination on
Giannetti Contracting's responsiveness, and supported staffs recommendation.
Representatives from Lucas Marine refuted the notion that their company had not
included the minority business enterprise form in their bid package.
Attorney Vaccarella again cautioned the Board about the County following the
correct procedures, as outlined in its Procurement Code.
Chairman Wheeler did not feel the decision to award the contract to Lucas Marine
was a reflection on Giannetti Contracting's ability, but he echoed the sentiments made by other
Board members, that staff provided the expert information.
Commissioner O'Bryan agreed that the bid award to Lucas Marine was in no way a
reflection on Giannetti Contracting.
July 24, 2007 46
• The Chairman CALLED THE QUESTION and by
a 4-0 vote (Commissioner Davis absent), the
Motion carried unanimously. The Board:
• approved the award of the Construction Contract to
the lowest responsive bidder, Lucas Marine, Inc.,
in the total amount of $3,369,799.60;
• approved the agreement and authorized the
Chairman to execute said agreement 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;
• authorized staff to direct purchase the equipment
items listed and any other equipment where a net
savings to the total cost of the project will be
provided. This will be a minimum amount of
$1,486,359.62 for a minimum cost savings of
$366,140.38.
• Since it is anticipated it may be necessary to issue
Change Orders or Work Directives to accommodate
any unforeseen discrepancies between contracted
items and direct purchase items. The Board
authorized approximately a 3% amount for these
contingencies. This will also provide a tool for staff
to take advantage of any additional opportunities to
save project cost by the direct purchase process,
July 24, 2007 47
with the estimated amount to be $140,000.00, for a
total authorization of $4,996,159.22, all as
recommended in the memorandum of July 13, 2007.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a recess at 1:23 p.m. and reconvened the meeting at 1:40 p.m.
with all members present.
11.1.2. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510
FROM 61ST DRIVE TO SHORE LANE — AMENDMENT NO. 2
Public Works Director Jim Davis recapped his memorandum of July 16, 2007, and
discussed the Amendment to the current contract with McMahon Associates, Inc. He presented
staff's recommendation for Board approval of the Amendment.
MOTION WAS MADE by Vice Chair Bowden,
SECONDED by Commissioner O'Bryan for discussion, to
approve Alternative No. 1, the Amendment to the Contract
with McMahon Associates, Inc.
Commissioner O'Bryan asked about the 60% plans for CR 510, and Director Davis
responded with further information.
The Chairman CALLED THE QUESTION and by a 4-0
vote (Commissioner Davis absent), the Motion carried
July 24, 2007 48
unanimously. The Board approved Alternative No. 1,
Amendment No. 2 to the Contract with McMahon
Associates, Inc., to provide Civil Engineering and Land
Surveying Services for Intersection Improvements at CR
510 and US Highway 1 and CR 510 from 61 st Drive to
Shore Lane, and authorized the Chairman to execute same,
as recommended in the memorandum of July 16, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.1.3. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR
INTERSECTION IMPROVEMENTS AT 66TH AVENUE AND CR 510 —
AMENDMENT NO. 3
Reviewing his memorandum of July 16, 2007, Director Davis discussed this
Amendment for Board approval for additional work to be completed by Kimley-Horn and
Associates on two large road projects.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved
Amendment No. 3 to the Contract with Kimley-Horn and
Associates, Inc., as recommended in the memorandum of
July 16, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 24, 2007 49
11.1.4. AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH CARTER ASSOCIATES, INC. FOR ROADWAY IMPROVEMENTS, 66TH
AVENUE FROM 4TH STREET TO SR 60 - IRC PROJECT NO. 9810
Public Works Director Jim Davis explained that this Amendment was to have Carter
Associates, Inc. add landscaping and irrigation design to five stormwater retention ponds along the
southern 66th Avenue project. He requested Board approval of the project.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved
Alternative No. 1, Amendment No. 6 to the Professional
Services Agreement for 66th Avenue Paving and Drainage
Improvements with Carter Associates, Inc. for $60,635.00,
as recommended in the memorandum of July 16, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.1.5. STORMWATER POND SITE AND RIGHT-OF-WAY ACQUISITION, 66TH
AVENUE, NORTH OF 45TH STREET, FUTURE 66TH AVENUE WIDENING
AND IMPROVEMENTS, RICHARD & MARYANNRENTSCHLER, OWNERS
Public Works Director Jim Davis explained that a stormwater pond is necessary for
this project to receive permitting from the Saint John's River Water Management District
(SJRWMD). The Rentschler's have agreed to sell to the County 2.27 acres for the stormwater
pond site. Director Davis presented staff's recommendation for Board approval of this
right-of-way purchase.
July 24, 2007 50
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved the
$277,200.00 purchase and authorized the Chairman to
execute the Agreement to Purchase and Sell Real Estate, as
recommended in the memorandum of July 5, 2007.
CERTIFIED COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J. UTILITIES SERVICES
11.J.1. NORTH & SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT
PLANS WORK ORDER No. 8 - DETERMINATION OF ALTERNATIVE
WATER SUPPLY SOURCE BY CAMP DRESSER & MCKEE, INC.
Director of Utilities Erik Olson stated that two Public Workshops had been held to
evaluate alternative water supplies. At the conclusion of the last Workshop, it was decided to
move ahead with the implementation process of looking at surface water as a supplement, and staff
has brought this back to the Board for final action. Additionally, staff is requesting authorization
for Camp Dresser & McKee, Inc., to begin determining available amounts of water, and to "stake
our claim" and develop the permit process.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved Work
Order No. 8 to Camp Dresser & McKee, Inc. (CDM Inc.),
in the amount of $61,960.00 — Upper Limit, for Alternative
July 24, 2007 51
Water Supply Master Plan, and authorized the Chairman to
execute same, as recommended in the memorandum of July
17, 2007.
WORK ORDER NO. 8 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11. .1.2. AMENDMENT NO. 4 TO WORK ORDER No. I WITH ECOTECH
CONSULTANTS, INC.
Utilities Director Erik Olson explained that this Amendment would allow more
biodiversity studies to be done to define additional characteristics of the existing flora and fauna,
and to establish the criteria for future monitoring.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Vice Chair Bowden for discussion, to
approve staff's recommendation.
Commissioner O'Bryan asked Director Olson if this project could begin now.
Director Olson replied that there were two permits related to the project; the Department of
Environmental Protection (DEP) had completed the first, and the second would be completed this
week.
The Chairman CALLED THE QUESTION and by a 4-0
vote (Commissioner Davis absent), the Motion CARRIED
unanimously. The Board authorized the Chairman to
Execute Amendment No. 4 to Work Order Number 1, in the
July 24, 2007 52
amount of $4,254.00, as recommended in the memorandum
of July 13, 2007.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3. WORK ORDER No. 9 WITHMASTELLER AND MOLER, INC. FOR DESIGN
OF MASTER PLAN WATER MAIN, VERO LAKE ESTATES UCP - 2958
Utilities Director Erik Olson recapped his memorandum of July 16, 2007 and
provided background information on the proposed water system for fire protection in Vero Lake
Estates.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chair Bowden, by a 4-0 vote (Commissioner Davis
absent), the Board unanimously approved Work Order No.
9 with Masteller and Moler, Inc. (M&M) in the amount of
$91,525.00 to provide surveying, design, permitting and
construction services for the subject project, and authorized
the Chairman to execute the same, as recommended in the
memorandum of July 16, 2007.
WORK ORDER NO. 9 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11..1.4. WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION FROM
2 MGD TO 6 MGD — AMENDMENT NO. 1 FOR DIRECT PURCHASE OF
MATERIALS UCP 2621
July 24, 2007 53
Erik Olson, Utilities Director, stated that the County is in a position to purchase
major equipment directly for an estimated one-half million dollars savings.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, by a 4-0 vote (Commissioner Davis
absent), the Board unanimously approved the direct
purchase of construction materials and equipment for the
West Regional Waste Treatment Facility expansion, and
authorized the Chairman to execute the First Amendment to
contract documents, as recommended in the memorandum
of June 16, 2007.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.5. CHANGE ORDER No. 2 TO IRC CONTRACT 2006012 WITH POOLE AND
KENT COMPANY OF FLORIDA, INC., FOR THE EXPANSION OF THE
NORTH RO PLANT
Utilities Director Erik Olson recapped his memorandum of June 19, 2007, and stated
that the Change Order would provide for miscellaneous additions to the expansion project at the
Hobart Reverse Osmosis (RO) Plant by Poole and Kent Company of Florida, Inc.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, by a 4-0 vote (Commissioner
Davis absent), the Board unanimously approved Change
Order No. 2 to IRC Contract 2006012 with Poole and Kent
July 24, 2007 54
Company of Florida, Inc., to increase the contract in the
amount of $288,824.00; approved extending the milestone
for completion of the ground storage tank by 105 days from
180 to 285 days; approved paying FPL a contribution in the
amount of $2,165.76 to replace the power transformer; and
authorized the Chairman to execute same, as recommended
in the memorandum of June 19, 2007.
CHANGE ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY MATTERS -NONE
13. COMMISSIONER ITEMS
13.A COMMISSIONER GARY C. WHEELER, CHAIRMAN -NONE
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR -NONE
13. C. COMMISSIONER WESLEY S. DAVIS-NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER-NONE
13.E. COMMISSIONER PETER D. O'BRYAN
13.E.1. REQUEST TO APPLY TO THE FLORIDA GREEN BUILDING COALITION TO
BECOME CERTIFIED AS A GREEN LOCAL GOVERNMENT
July 24, 2007 55
Commissioner O'Bryan conveyed that one thing he had wanted to accomplish
during his term was for Indian River County (IRC) to become a more green, sustainable County.
He had formed the IRC Sustainability Committee that had hosted a workshop during which
representatives from the Florida Green Building Coalition spoke about becoming a Certified Local
Green Government. At that workshop, he had declared that his goal was for Indian River County
to apply to become a Certified Green Local Government. Commissioner O'Bryan asked for Board
approval to move ahead with this process, and stated that staff would put together a formal
Resolution and bring it back to the Board for formal adoption.
MOTION WAS MADE by Commissioner O'Bryan
SECONDED by Vice Chair Bowden, to have Indian River
County apply to the Florida Green Building Coalition to
become certified as a Green Local Government.
Under Discussion, Vice Chair Bowden inquired whether there was a cost.
Commissioner O'Bryan said the first direct cost would be the $3,500.00 certification application
cost, and pointed out that the County would more than recoup that with energy savings and
sustainability.
The Chairman CALLED THE QUESTION and by a 4-0
vote (Commissioner Davis absent), the Motion CARRIED
unanimously, approving the County's application to
become certified as a Green Local Government, through the
Florida Green Building Coalition.
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT -NONE
July 24, 2007 56
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of its regular BCC
meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal
District. Those Minutes are being prepared separately and appended to this document.
14.B.1. APPROVAL OF MINUTES — REGULAR MEETING OF JUNE 19, 2007
14.B.2.APPROVAL OFBID AWARD FORIRCBID #2007071, 40 CUBIC YARD
ROLL OFF CONTAINERS/UTILITIES DEPARTMENT/SOLID WASTE
DISPOSAL DISTRICT
14.B.3. PROPOSAL TO ACHIEVE GAS EMISSION CREDITS OF LANDFILL GAS ON
THE CHICAGO CLIMATE EXCHANGE
14.B.4. CONTINUING CONSULTING SERVICES CONTRACT AMENDMENTS FOR
SOLID WASTE DISPOSAL DISTRICT
14.B.5. ENGINEERING SERVICES FOR BORROW AREA PERMITTING
14.B. 6. ENGINEERING SERVICES FOR PROCUREMENT OF A LANDFILL
GAS -TO -ENERGY PROJECT
14. C ENVIRONMENTAL CONTROL BOARD
July 24, 2007 57
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately and appended to this
document.
14.C.1. REPORT OF ACTIVITIES DURING SECOND QUARTER (APRIL THROUGH
JUNE, 2007)
15. ADJOURNMENT
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
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 1:55 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler,
Chairman
Minutes Approved:
BCC/MG/2007Minutes
July 24, 2007 58