HomeMy WebLinkAbout09/22/2009 (3)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 22, 2009
1. CALL TO ORDER..............................................................................................................................1
2. INVOCATION....................................................................................................................................1
3. PLEDGE OF ALLEGIANCE............................................................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS....................................2
MOVED: ITEM 12.I.3. TO BE HEARD BEFORE ITEM 12.1.2. - BID PROTEST - SECTOR 3
BEACH AND DUNE RESTORATION PROJECT.............................................................. 2
5. PROCLAMATIONS AND PRESENTATIONS..............................................................................2
5.A. PRESENTATION OF PROCLAMATION HONORING LEON R. WALTON FOR HIS
SERVICE ON THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS ................ 2
5.13. PRESENTATION OF PROCLAMATION IN OBSERVANCE OF THE SPECIAL OLYMPICS
EVENT FROM OCTOBER 3RD, 2009 TO OCTOBER 4T", 2009 .......................................... 2
1
September 22, 2009
5.C. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING JAMES
W. DAVIS, P.E. ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT WITH TWENTY-EIGHT
YEARSOF SERVICE................................................................................................. 3
5.D. PRESENTATION BY GREGORY VADAY, TREASURE COAST REGIONAL PLANNING
COUNCIL, ON BROWNFIELD GRANT OPPORTUNITIES FOR INDIAN RIVER COUNTY ...... 3
5.E. PRESENTATION BY HIMANSHU MEHTA, SOLID WASTE DISPOSAL DISTRICT OF
ANNUAL SUSTAINABILITY REPORT, AND PRESENTATION OF "GREEN FLAG" BY
CINDY HALL, FLORIDA GREEN BUILDING COALITION .............................................. 4
5.17. PRESENTATION BY DR. RICHARD BAKER, PRESIDENT, PELICAN ISLAND
AUDUBON SOCIETY ON AUDUBON HOUSE PROJECT .................................................. 5
6. APPROVAL OF MINUTES - NONE...............................................................................................9
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION...............................................................................................................................9
7.A. CITY OF FELLSMERE ORDINANCE 09-16, CONTRACTION OF MUNICIPAL
BOUNDARIES FOR TRACT 2125 OF TOWNSHIP 31 SOUTH, A FELLSMERE FARMS
SUBDIVISION, AND REDEFINING THE CITY LIMITS, ON FILE IN THE OFFICE OF THE
CLERKTO THE BOARD............................................................................................ 9
7.13. APPOINTMENT OF DISTRICT 3 APPOINTEE TO THE BOARD OF ZONING
ADJUSTMENT.......................................................................................................... 9
7.C. 2009, DISTRICT 5 APPOINTMENT TO THE BOARD OF ZONING ADJUSTMENT ............... 9
8. CONSENT AGENDA........................................................................................................................9
8.A. APPROVAL OF WARRANTS AND WIRES SEPTEMBER 4, 2009 THRU SEPTEMBER 10,
2009..................................................................................................................... 10
8.13. CERTIFICATION OF THE 2009 TAX ROLL................................................................ 10
September 22, 2009
8.C. APPOINTMENT OF ELECTRICAL CONTRACTOR APPOINTEE TO THE CONSTRUCTION
BOARD OF ADJUSTMENTS & APPEALS.................................................................... 11
8.D. CONSERVATION EASEMENT FOR FIRE STATION NO. 9 IN ROSELAND ........................ 1 1
8.E. VEROLAGO PHASE 1, SIDEWALK EXTENSION AND REDUCTION REQUEST,
SUCCESSOR DEVELOPER: CORONA VERO LAGO LLC, A DELAWARE LIMITED
LIABILITY COMPANY............................................................................................ 12
8.17. 2009/2010 STATE OF FLORIDA DEPARTMENT OF HEALTH CONTRACT ...................... 12
8.G. PAVING AND DRAINAGE IMPROVEMENTS TO 17TH LANE S.W. (27TH AVENUE TO
20TH AVENUE) AND 20TH AVENUE (21ST STREET S.W. TO 17TH LANE S.W.),
PROJECT #0803, 0837, AND 0838 BID NUMBER 2008073, CHANGE ORDER NO. 2 ..... 13
8.14. AMENDMENT NO. 2 TO WORK ORDER NO. 1, PROFESSIONAL CIVIL ENGINEERING
SERVICES AGREEMENT WITH ARCADIS G&M INC. FOR WIDENING 43RD AVENUE
FROM OSLO ROAD TO 8TH STREET.......................................................................... 13
8.I. WORK ORDER NO. 12, MASTELLER, MOLER, REED AND TAYLOR, INC., 66TH
AVENUE ROADWAY IMPROVEMENTS, RIGHT-OF-WAY ACQUISITIONS, 53RD
STREET, BOUNDARY SURVEY LEWIS PARCEL NO. 168 ............................................ 14
8.J. WORK ORDER NO. 8, CR510 SIDEWALK IMPROVEMENTS WEST OF AIA, DESIGN
SURVEY - TOPOGRAPHIC SURVEY, IRC PARCEL - SIDEWALK DESIGN PROJECT....... 15
8.K. MISCELLANEOUS BUDGET AMENDMENT 024 .......................................................... 15
8.L. APPROVAL OF BID AWARD FOR IRC BID NO. 2010006 ANNUAL BID FOR
HYDROFLOUSILICIC ACID UTILITIES DEPARTMENT ................................................ 16
8.M. CHILDREN'S SERVICES ADVISORY COMMITTEE'S RECOMMENDATION AGENCY
FUNDING FOR 2009-10 AND SAMPLE AGENCY CONTRACT TO BE USED .................... 17
8.N. AMENDMENT 1 AND 2 TO WORK ORDER NUMBER 9 TO PROFESSIONAL BRIDGE
DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC., OLD
DIXIE HIGHWAY BRIDGE OVER SOUTH RELIEF CANAL, INDIAN RIVER COUNTY
PROJECTNo. 0205................................................................................................ 17
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September 22, 2009
8.0. APPROVAL OF BID AWARD FOR IRC BID NO. 2010004 ANNUAL BID FOR CATCH
BASINS AND STORM WATER INLETS PUBLIC WORKS DEPARTMENT ROAD AND
BRIDGEDIVISION.................................................................................................. 18
8.P. APPROVAL OF BID AWARD FOR IRC BID NO. 2010002 ANNUAL BID FOR
ASPHALT PAVING AND RESURFACING PUBLIC WORKS DEPARTMENT ROAD AND
BRIDGEDIVISION.................................................................................................. 18
8.Q. APPROVAL OF BID AWARD FOR IRC BID NO. 2010003 ANNUAL BID FOR
CORRUGATED STEEL AND ALUMINUM PIPE PUBLIC WORKS DEPARTMENT ROAD
AND BRIDGE DIVISION.......................................................................................... 19
8.R. APPROVAL OF BID AWARD FOR IRC BID NO. 2010009 ANNUAL BID FOR
CLEANING SERVICES UTILITIES OPERATIONS CENTER DEPARTMENT OF UTILITY
SERVICES............................................................................................................. 20
8.S. PROCLAMATION AND RETIREMENT AWARD HONORING ELIZABETH G. MARTIN
ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS RISK MANAGEMENT DIVISION WITH TWENTY YEARS SERVICE ..... 20
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE .................21
10. PUBLIC ITEMS................................................................................................................................21
10.A. PUBLIC HEARING.............................................................................................. 21
10.A.1 MARK MONTGOMERY ET AL'S REQUEST FOR ABANDONMENT OF A PORTION OF
12TH PLACE SW BETWEEN US HIGHWAY 1 AND IST AVENUE SW (LEGISLATIVE) ..... 21
10.A.2 CONSIDERATION OF ORDINANCE TO AMEND TITLE X, IMPACT FEES, OF THE
COUNTY CODE TO REVIEW APPENDIX A, IMPACT FEE RATE SCHEDULE, AND TO
EXTEND TEMPORARY SUSPENSION OF IMPACT FEES (LEGISLATIVE) ....................... 23
10.C. PUBLIC NOTICE ITEMS -NONE ......................................................................... 25
11. COUNTY ADMINISTRATOR MATTERS - NONE....................................................................25
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September 22, 2009
12. DEPARTMENTAL MATTERS......................................................................................................25
12.A. COMMUNITY DEVELOPMENT.......................................................................... 25
12.A.1.SPECTORSOFT CORPORATION'S REQUEST FOR A LOCAL .YOBS GRANT ..................... 25
12.A.2.REQUEST FOR AUTHORIZATION TO ABATE A PUBLIC NUISANCE ON AN
UNMAINTAINED GOLF COURSE WITHIN VISTA GARDENS MULTIFAMILY
DEVELOPMENT (LANDOWNER: VISTA GOLF LLC; CODE ENFORCEMENT CASE
No. 2009060086).................................................................................................. 26
12.A.3. CONSIDERATION OF REVIEW SCHEDULE AND PRELIMINARY STATEMENT OF
ISSUES FOR THE PROPOSED FPL ENERGY SECURE PIPELINE SITING APPLICATION
No. NG09-02........................................................................................................ 27
12.13. EMERGENCY SERVICES - NONE........................................................................ 30
12.C. GENERAL SERVICES - NONE............................................................................. 30
12.D. HUMAN RESOURCES......................................................................................... 30
12.D.1.DISCUSSION — COUNTY ATTORNEY RECRUITMENT PROCESS ................................... 30
12.E. HUMAN SERVICES - NONE................................................................................. 31
12.17. LEISURE SERVICES - NONE............................................................................... 31
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ........................................... 31
12.11. RECREATION - NONE......................................................................................... 31
12.I. PUBLIC WORKS................................................................................................. 32
12.I.1. ROADWAY IMPROVEMENTS FOR 20TH AVENUE FROM 25TH STREET S.W. TO 21sT
STREET S.W.) IRC PROJECT NO. 0541................................................................... 32
12.I.2. WORK ORDER #7, COASTAL TECHNOLOGY CORPORATION INC., ADDITIONAL
UPLAND SAND PERMITTING SERVICES................................................................... 32
12.I.3. BID PROTEST — SECTOR 3 BEACH AND DUNE RESTORATION PROJECT ..................... 35
12.J. UTILITIES SERVICES......................................................................................... 42
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September 22, 2009
12.J.1 . SPOONBILL MARSH WETLAND FACILITY - UCP 2785 CHANGE ORDER NO. 3 FOR
TIM ROSE CONTRACTING, INC............................................................................... 42
12.J.2. 16" BRINE FORCE MAIN, BENT PINE TO SPOONBILL MARSH AND 12" REUSE
WATER MAIN LATERAL "G" TO U.S. HIGHWAY 1 B&B UNDERGROUND
CONTRACTORS, INC., FINAL PAYMENT AND RELEASE OF RETAINAGE - UCP 2785.. 42
12.J.3. WABASSo BEACH PARK LIFT STATION WET WELL DROP, APPROVAL OF WORK
AUTHORIZATION DIRECTIVE No. 2009-004 BY SHELTRA & SONS CONSTRUCTION
CO., INC. UCP No. 3053....................................................................................... 43
13. COUNTY ATTORNEY MATTERS - NONE................................................................................43
14. COMMISSIONER ITEMS...............................................................................................................43
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE ............................... 44
14.13. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE ................ 44
14.C. COMMISSIONER GARY C. WHEELER - NONE .................................................. 44
14.D. COMMISSIONER PETER D. O'BRYAN.............................................................. 44
14.D. LRESOLUTION OF SUPPORT..................................................................................... 44
14.E. COMMISSIONER BOB SOLARI -NONE ............................................................. 45
15. SPECIAL DISTRICTS AND BOARDS.........................................................................................45
15.A. EMERGENCY SERVICES DISTRICT.................................................................. 45
15.A. LAPPROVAL OF MINUTES MEETING OF JULY 21, 2009 .............................................. 45
15.A.2.FUTURE USE FOR FORMER FIRE -RESCUE STATION 9 (SEBASTIAN) .......................... 45
15.13. SOLID WASTE DISPOSAL DISTRICT................................................................ 45
Con
September 22, 2009
15.B.1.REQUEST TO INCLUDE THE FORMER SOUTH GIFFORD ROAD LANDFILL SITE INTO
THE BROWNFIELD GRANT APPLICATION BY THE TREASURE COAST REGIONAL
PLANNINGCOUNCIL.............................................................................................. 46
15.C. ENVIRONMENTAL CONTROL BOARD - NONE ................................................. 46
16. ADJOURNMENT.............................................................................................................................46
7
September 22, 2009
JEFFREY K. BARTON
Clerk to the Board
September 22, 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, September 22, 2009. Present were Chairman Wesley S. Davis, Vice Chairman Joseph
E. Flescher, Commissioners Peter D. O'Bryan, Bob Solari, and Gary C. Wheeler. Also present
were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and Deputy
Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Roger Ball, Immanuel Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Flescher led the Pledge of Allegiance to the Flag.
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September 22, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Davis requested the following change to the Agenda:
MovED: ITEm 1213. "BID PROTEST - SECTOR 3 BEA CHAND DUNE
RESTORATION PROJECT " TO BE HEARD BEFORE ITEM 12.1.2.
ON MOTION by Commissioner O`Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION HONORING LEON R. WALTON FOR HIS
SERVICE ON THE CONSTRUCTIONBOARD OFADJUSTMENTS AND APPEALS
Commissioner Wheeler read and presented the Proclamation to Leon R. Walton.
S.B. PRESENTATION OF PROCLAMATION IN OBSERVANCE OF THE SPECIAL
OLYMPICS EVENT FROM OCTOBER 3RD, 2009 TO OCTOBER 4TH, 2009
Vice Chairman Flescher read and presented the Proclamation to Recreation Director
Clifford Crawford, who accepted the Proclamation on behalf of the athletes, staff, and
volunteers. Director Crawford showed a video of the Special Olympic and Aquatic
Championship event, and spoke briefly about the opening ceremonies.
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September 22, 2009
S. C. PRESENTATION OF PROCLAMATION AND RETIREMENT A WARD HONORING
,TAMES W. DAMS, P.E. ON HIS RETIREMENT FROM INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT WITH
TWENTY-EIGHT YEARS OF SERVICE
Vice Chairman Flescher read the Proclamation and presented the retirement plaque to
Director Jim Davis who thanked the Board and staff for 28 years of rewarding experience.
$.D. PRESENTATION BY GREGORY VADA Y, TREASURE COAST REGIONAL
PLANNING COUNCIL, ONBROWNFIELD GRANT OPPORTUNITIES FOR
INDIANRIVER COUNTY
Managing Director of the Solid Waste Disposal District Himanshu Mehta introduced the
presentation and recalled that in 2002, the old Gifford Road landfill site was designated a
Brownfield site. He informed the Board that Julianne Price, Coordinator for the State's
Department of Health, had recently initiated the "Protocol for Assessing Community Excellence"
(PACE) program in the Gifford community, and that there has recently been an interest in
Brownfield opportunities for this area.
Nandra Weeks, GeoSyntec Consultants, Inc., summarized the Brownfield Grant
opportunities for Indian River County, specifically the Gifford area and landfill, and made
recommendations for the Brownsfields' revitalization process. She outlined the Florida
Department of Environmental Protection (FDEP) and the United States Environmental
Protection Agency (USEPA) programs, and addressed why the cleanup and redevelopment
would benefit the Gifford community. She stressed the urgency of submitting the grant
application to the USEPA before October 16th, 2009, and suggested partnering with the Treasure
Coast Regional Planning Council (TCR -PQ.
September 22, 2009
Gregory Vaday, Economic Development Coordinator of the Treasure Coast Regional
Planning Council (TCRPC), explained the goals, key aspects, focus areas, partnerships, and
effectiveness of the program.
Commissioner O'Bryan wanted to know what project the application would be for.
Mr. Vaday said the primarily focus would be on the South Gifford Road landfill, with
the secondary being the Gifford community, and that the end result (after the assessment work)
would be a soft development option.
Commissioner Solari noted additional concerns of the Gifford community (other than the
landfill site) and how it is causing anxiety and concerns. He believed the assessment grant
would allow an opportunity for visioning and discussion, and would also address other concerns
throughout the community.
Mr. Vaday pledged to research available funding, and if money is available, inform the
community, and provide them with the opportunities that would be available.
S.E. PRESENTATION BYHWANSHUMEHTA, SOLID WASTE DISPOSAL DISTRICT
OFANNUAL SUSTAINABILITYREPORT, AND PRESENTATION OF "GREEN
FLAG"BYCINDYHALL, FLORIDA GREENBUILDING COALITION
Director Mehta presented the first annual Sustainability Report (on file), highlighting
significant achievements, awareness and educational campaigns to promote sustainability, future
recommendations, and sustainability progress throughout the County.
al
September 22, 2009
Cindy Hall, and Kyle Abney, both Florida Green Building Coalition (FGBC) Board of
Directors, provided a brief background and mission statement of the FGBC, and presented a
"Green" flag to the Board, as a token of appreciation. Mr. Abney acknowledged Indian River
County to be the first local government in the southeastern region of Florida to be certified, and
the second in the State to have received the "Gold" level certification award for being a "Green
County."
The Commissioners voiced their appreciation to Director Mehta for his accomplishments
in making Indian River County a leader in the certification and recycling process.
5.F. PRESENTATIONBYDR. RICHARD BAKER, PRESIDENT, PELICANISLAND
A UDUBON SOCIETY ONA UDUBON HOUSE PROJECT
Doctor Richard Baker, President of the Pelican Island Audubon Society (PIAS), used a
Power Point presentation (copy on file), to outline and discuss a proposed joint project between
the Audubon Society and the County. This project would include the construction of a 2,800
square foot Audubon House (on disturbed land) that would be comprised of a classroom for
students, a covered area that could be used as a picnic pavilion or sheltered classroom, an office
for the Pelican Island Audubon Society (PIAS), and an office for the Oslo Riverfront
Conservation Area (ORCA) volunteers. The project would also include a nature trail and
handicap accessible restrooms. Dr. Baker said PIAS would provide the construction, operation,
and maintenance of the building, would supply all property and liability insurance for the
building, and provide the engineering for the parking lot and boardwalk. He stated that the
University of Florida had sent a letter (copy on file) supporting the 20 foot wide easement from
the Florida Medical Entomology Lab (FMEL) property for access purposes. He spoke about the
pro bono services for the project and believed the most import aspect of the joint project is that
the Audubon House would provide a classroom and meeting area for the volunteers who oversee
the County's fifteen conservation areas.
5
September 22, 2009
Dr. Baker asked the Board to approve a one -acre lease around the building for $1.00 per
year, renewable every 10 years, for up to 50 years, and after 50 years it would be renegotiated or
turned over to the County. He wanted the County to construct a parking lot across from the
existing five space parking lot for visitors, and provide a special needs boardwalk linking the
parking lot to the Audubon House, for a cost of about $86,000.00.
Commissioner Wheeler wanted to know if there was anything in the County Ordinance
that would prohibit the Board from taking action on this. Attorney Collins said there was not,
but believed the intent of the presentation was to get direction from the Board to move forward
with a lease that could come back to the Board at a later date.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Wheeler, to direct staff to
evaluate the conceptual plan, identify the cost factors,
locate a funding stream, and bring it back to the Board.
Chairman Davis applauded Dr. Baker's efforts but not the location for the project. He
did not believe it would be proper to take property that was set aside for conservation and put a
structure on it, even with the best of intensions.
Dr. Baker explained why the Oslo Riverfront Conservation Area site was chosen.
The Commissioners voiced their feelings and concerns over the conservation property,
the placement of the building, educational opportunities, and the parking lot.
Con
September 22, 2009
Commissioner Solari supported the project, the lease, and the location, but had concerns
over what was considered a "picnic pavilion" and a "nature trail," and that this would not fulfill
the County's obligations.
Environmental and Code Enforcement Chief Roland DeBlois affirmed for Commissioner
O'Bryan that the Florida Communities Trust (FCT) staff had reviewed the proposal, and that
they would be willing to work with the County to ensure this project fulfills County obligations.
Commissioner O'Bryan felt that in the spirit of making this a joint project, which could
save money and time, that maybe a multi -parking project could be established (for this project
and the boat ramp parking project) by using the pro bono volunteers.
Administrator Baird wanted to know how much money this project would require from
the County since it had not been budgeted, and Dr. Baker reiterated that it would cost the County
about $86,000.00 for the driveway and boardwalk. Thereafter, the Administrator wanted
clarification regarding the additional parking for the boat ramp and whether it should be
incorporated into a recommendation when it returns to the Board. Vice Chairman Flescher
suggested it be looked at as "paved" and "unpaved" scenarios.
Vice Chairman Flescher clarified for Administrator Baird that his Motion was for the
Administrator to "evaluate" the budget and bring it back to the Board. He felt there were many
opportunities for other funding sources and that is why he directed staff to identify the funding
sources, not to increase the burden of the taxpayer.
Bob Johnson, Coral Wind Subdivision opposed the proposed joint project.
7
September 22, 2009
Commissioner Solari did not feel that Motions should be made under Proclamations and
Presentations and Public Discussion items. He felt that a consensus for staff to move forward
was requested, and delivered.
Vice Chairman Flescher AMENDED HIS MOTION,
SECONDED by Commissioner Wheeler, to incorporate
additional paved and unpaved parking for the boat ramp,
into the recommendation.
There were no further discussions.
The Chairman CALLED THE QUESTION, and the
motion carried by a 3-2 vote (Commissioners Solari and
Davis opposed), to direct staff to evaluate the conceptual
plan, identify the cost factors, locate a funding stream, and
to incorporate additional paved and unpaved parking for
the boat ramp into the recommendation when it returns to
the Board.
The Chairman called a break at 10:50 a.m., and reconvened the meeting at 11: DI a.m.,
with all members present.
N.
September 22, 2009
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. CITY OF FELLSMERE ORDINANCE 09-16, CONTRACTION OF MUNICIPAL
BOUNDARIES FOR TRACT 2125 OF TOWNSHIP 31 SOUTH, A FELLSMERE
FARMS SUBDIVISION, AND REDEFINING THE CITY LIMITS, ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.B. APPOINTMENT OF DISTRICT 3 APPOINTEE TO THE BOARD OF ZONING
ADJUSTMENT
Commissioner Wheeler appointed Lewis J. Martin as the District 3 Representative to the
Board of Zoning Adjustments. Mr. Martin will replace Fred Plair, who resigned on January 8,
11:
7. C 2009, DISTRICT 5 APPOINTMENT TO THE BOARD OF ZONING ADJUSTMENT
Commissioner Solari appointed Thomas Yonge as the District 5 Representative to the
Board of Zoning Adjustment. Mr. Yonge will replace Dr. Steven Faherty, who resigned in
November 2008, and will serve the regular term of four years or until a successor is appointed.
8. CONSENT AGENDA
Commissioner O'Bryan requested to pull Item 8.1-1. for discussion
Vice Chairman Flescher requested to pull Item 8.K. for discussion
I
September 22, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES SEPTEMBER 4, 2009 THRU
SEPTEMBER 10, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
the list of Warrants and Wires, issued by the Clerk to the
Board for the time period of September 4, 2009 to
September 10, 2009, as requested in the memorandum of
September 10, 2009.
8.B. CERTIFICATION OF THE 2009 TAX ROLL
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
the tax roll extension prior to the conclusion of the Value
Adjustment Board (VAB) hearings, as requested in the
memorandum of September 8, 2009.
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September 22, 2009
8.0 APPOINTMENT OF ELECTRICAL CONTRACTOR APPOINTEE TO TILE
CONSTRUCTION BOARD OF ADJUSTMENTS & APPEALS
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
the appointment of Donald McCall, Sr. to the Electrical
Contractor Appointee position of the Construction Board
of Adjustment and Appeals. This position was vacated by
Leon Walton on August 18, 2009, and the term will expire
in 2010, as recommended in the memorandum of
September 11, 2009.
8.D. CONSERVATIONEASEMENT FOR FIRE STATIONNO. 9INROSELAND
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari Commissioner, the Board
unanimously approved the Conservation Easement for Fire
Station No. 9 in Roseland, and authorized the Chairman to
execute same, as recommended in the memorandum of
September 10, 2009.
EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11
September 22, 2009
8.E VEROLAGO PHASE 1, SIDEWALK EXTENSIONAND RED UCTIONREOuEST,
SUCCESSOR DEVELOPER: CORONA VERO LAGO LLC, A DELAWARE
LIMITED LIABILITY COMPANY
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
the Modification to and Assignment of Contract for
Construction of Required Sidewalk Improvements No.
SD -04 -03 -11(A) -SIDE (96070055-46699) and Cash
Deposit and Escrow Agreement, and authorized the
Chairman to execute same; and authorized staff to return
the existing letter of credit once the substitute cash has
been posted with the County or, in the alternative, call the
existing letter of credit posted by Centex Homes should
the successor developer not present substitute cash
security by October 30, 2009, as recommended in the
memorandum of September 15, 2009.
8.F. 200912010 STATE OF FLORIDA DEPARTMENT OF HEALTH CONTRACT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
the 2009/2010 State/County Contract with State of Florida
Department of Health, as recommended in the
memorandum of September 15, 2009.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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September 22, 2009
8.G. PAVING AND DRAINAGE IMPROVEMENTS TO 177H LANES W. (27TH
AVENUE TO 20THAVENUE) AND 2OTHAVENUE (21ST STREETS W TO 171H
LANES W.), PROJECT #0803, 0837, AND 0838 Bm NUMBER 2008073,
CHANGE ORDER NO.2
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
Change Order No. 2 with J. W. Cheatham, LLC, for
$16,709, plus 60 additional calendar days added to the
contract, which would bring the contract amount to
$1,608,586.25, as recommended in the memorandum of
September 9, 2009.
8.H. AMENDMENT NO.2 TO WORK ORDER No.], PROFESSIONAL CIVIL
ENGINEERINGSERVICESAGREEMENT WITHARCADIS G&MING. FOR
WIDENING 43RD AVENUE FROM OSLO ROAD TO 8TH STREET
Commissioner O'Bryan felt this Amendment to Work Order No. 1, for additional
engineering and surveying services for widening 43rd Avenue from Oslo Road to 8th Street was
premature. He wanted to Table this item until the Metropolitan Planning Organization (MPO)
has reviewed the traffic plans, and the Board has received the annual update to the 5 -Year
Capital Improvement Plan (CIP).
County Engineer Christopher Kafer addressed Chairman Davis's concerns pertaining to
the project's permits and extensions.
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September 22, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
TABLED this item until November 2009, after the Board
receives the annual update to the 5 -Year Capital
Improvement Plan.
Commissioner O'Bryan suggested Mr. Kafer contact the St. Johns River Water
Management District to request a 60 -day extension. If the extension is denied, Mr. Kafer agreed
to bring it back to the October 6, 2009 Board of County Commission meeting.
8.L WORK ORDER NO. 12, MASTELLER, MOLER, REED AND TAYLOR, INC.,
66THA VENUE ROADWAYIMPROVEMENTS, RIGHT-OF-WAYACOUISITIONS,
53RD STREET, BOUNDARYSURVEYLEWISPARCEL NO. 168
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
Work Order No. 12 with Masteller, Moler, Reed and
Taylor, Inc., in the amount of $3,215; authorized services
as outlined in the Scope of Services; and authorized the
Chairman to execute same, as recommended in the
memorandum of September 9, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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September 22, 2009
8.J. WORK ORDER NO. 8, CR510 SIDEWALKIMPROVEMENTS WEST OFAIA,
DESIGNSURVEY- TOPOGRAPHIC SURVEY, IRCPARCEL -SIDEWALK
DESIGN PROJECT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 8
in the amount of $3,680; authorized the Project as outlined
in the Scope of Services; as recommended in the
memorandum of September 10, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K MISCELLANEOUSBUDGETAMENDMENT 024
Vice Chairman Flescher voiced concern over Item No. 7, Miscellaneous Budget
Amendment 024 (page 120 of the backup material), "Recording Equipment is needed in the
Building B Conference room to provide the ability to record various committee meetings. The
attached entry appropriates funding in the amount of $20, 000 from General Fund Cash
Forward. " He felt the camera device was a luxury item, not a requirement during these
economic times.
Administrator Baird explained the reasons for the endeavor and why he considered it to
be a "good use of money."
Chairman Davis wanted to know if this technology would give the public an opportunity
to view the meetings. Management and Budget Director Jason Brown affirmed that the
information could be downloaded and made available on the website.
15
September 22, 2009
General Services Director Tom Frame updated the Board, saying that he had just received
the latest estimates yesterday, and that there were two prices: for $20,000 the County could
purchase a system with broadcast quality, or for $12,000 the County could purchase an audio
system and fixed camera that could stream live or recorded meetings over the network.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board, by a 4-1 vote (Vice
Chairman Flescher opposed), approved Resolution
2009-157, amending the fiscal year 2008-2009 Budget; the
purchase of one camera for approximately $12, 000; and
to stream live and recorded meetings on the website.
B.L. APPROVAL OF BID A WARD FOR IRC BID No. 2010006 ANNUAL BID FOR
HYDROFLousmacAaD UTILITIES DEPARTMENT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously:
(1) approved the Bid Award to Harcros Chemicals, Inc., as
the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to bid;
(2) authorized the Purchasing Division to issue blanket
purchase orders for the period of October 1, 2009 through
September 30, 2010 with the recommended bidder; and
(3) authorized the Purchasing Manager to renew this bid
for two (2) additional one (1) year periods subject to
satisfactory performance, zero cost increase, vendor
acceptance and the determination that renewal of this
16
September 22, 2009
annual bid is in the best interest of the County, as
recommended in the memorandum of September 10, 2009.
8.M. CHILDREN'S SERVICES ADVISORY COMMITTEE'S RECOMMENDATION
AGENCY FUNDING FOR 2009-I0 AND SAMPLE AGENCY CONTRACT TO BE
USED
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
the funding levels (total of $768,100) for 2009-2010, with
the Children's Services Advisory Committee; the contract
as submitted; and authorized the Chairman to execute the
individual contracts; all as recommended in the
memorandum of September 22, 2009.
8.N. AMENDMENT I AND 2 TO WORK ORDER NUMBER 9 TO PROFESSIONAL
BRIDGE DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN
ASSOCIATES, ING, OLD DIXIE HIGHWAYBRIDGE OVER SOUTHRELIEF
CANAL, INDIANRIVER COUNTYPROJECTNO. 020$
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously
approved: Amendment No. 1 for $11,402; Amendment
No. 2 for $8,315; and authorized the Chairman to execute
same, as recommended in the memorandum of September
8, 2009.
AMENDMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
17
September 22, 2009
8.0. APPROVAL OF BID A WARD FOR IRC BID NO. 2010004 ANNUAL BID FOR
CATCH BASINS AND STORM WATER INLETS PUBLIC WORKS DEPARTMENT
ROAD AND BRIDGE DIVISION
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously:
(1) approved Bid Award to Dura -Stress Underground, Inc.
as the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to bid;
(2) authorized the Purchasing Division to issue blanket
purchase orders for the period of October 1, 2009 through
September 30, 2010 with the recommended bidder; and
(3) authorized the Purchasing Manager to renew this bid
for two (2) additional one (1) year periods subject to
satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best
interest of the County, as recommended in the
memorandum of September 16, 2009.
8.P. APPROVAL OF BID A WARD FOR IRC BID NO. 2010002 ANNUAL BID FOR
ASPHALT PAVING AND RESURFACING PUBLIC WORKS DEPARTMENT ROAD
AND BRIDGE DIVISION
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously:
(1) approved Bid Award to Community Asphalt Corp. as
the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to bid;
IN
September 22, 2009
(2) authorized the Purchasing Division to issue blanket
purchase orders for the period of October 1, 2009 through
September 30, 2010 with the recommended bidder; and
(3) authorized the Purchasing Manager to renew this bid
for two (2) additional one (1) year periods subject to
satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best
interest of the County, as recommended in the
memorandum of September 16, 2009.
8.0. APPROVAL OF BID A WARD FOR IRC BID NO. 2010003 ANNUAL BID FOR
CORRUGATED STEEL AND ALUMINUM PIPE PUBLIC WORKS DEPARTMENT
ROAD AND BRIDGE DIVISION
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously:
(1) approved Bid Award to Contech Construction
Products, Inc. as the lowest and most responsive bidder
meeting the specifications as set forth in the Invitation to
bid; (2) authorized the Purchasing Division to issue
blanket purchase orders for the period of October 1, 2009
through September 30, 2010 with the recommended
bidder; and (3) authorized the Purchasing Manager to
renew this bid for two (2) additional one (1) year periods
subject to satisfactory performance, vendor acceptance,
and the determination that renewal of this annual bid is in
the best interest of the County, as recommended in the
memorandum of September 15, 2009.
19
September 22, 2009
8.R. APPROVAL OF BID AWARD FOR IRC BID NO. 2010009 ANNUAL BID FOR
CLEANING,SERVICES UTILITIES OPERATIONS CENTER DEPARTMENT OF
UTILITY SER VICES
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously:
(1) approved Bid Award to Cindi's Cleaning Service, Inc.
as the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid;
(2) authorized the Purchasing Division to issue blanket
purchase orders for the period of October 1, 2009 through
September 30, 2010 with the recommended bidder; and
(3) authorized the Purchasing Manager to renew this bid
for two (2) additional one (1) year periods subject to
satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best
interest of the County, as recommended in the
memorandum of September 16, 2009.
8.S. PR OCLAMA TION AND RETIREMENTAWARD HONORINGELIZABETH G.
MARTIN ON HER RETIREMENT FR OM INDIAN RIVER COUNTYBOARD OF
COUNTY COMMISSIONERS RISK MANAGEMENT DIVISION WITH TWENTY
YEARS SERVICE
20
September 22, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
the Proclamation honoring Elizabeth G. Martin on her
retirement from the Risk Management Division.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLICHEARING
10.A.1 MARK MONTGOMERY ET AL'S REQUEST FOR ABANDONMENT OFA
PORTION OF 12TH PLACE SW BETWEEN US HIGHWAY 1 AND IST AVENUE
SW (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Planning Director Stan Boling stated that this request is for a right-of-way
abandonment that is located on the east side of US 1, and used an aerial slide to show the details
of the property.
Commissioner O'Bryan wanted to know what the applicant had proposed to put on the
commercial site, and Director Boling acknowledged that staff expects a retail office or
restaurant.
21
September 22, 2009
There was a brief discussion regarding buffering from US 1 and the railroad tracks.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, questioned why Mark Montgomery is not paying
the County for the right-of-way.
Attorney Collins explained how the County acquires property, and why the County
cannot recover the funds.
There were no additional speakers and the Chairman closed the Public Hearing.
Commissioner Wheeler noted that there is a fee to process the abandonment.
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman Davis, the Board unanimously approved
Resolution 2009-158, providing for the closing,
abandonment, vacation and discontinuance of a segment
of 12th Place SW between US Highway 1 and 1St Avenue
SW, said land lying in Indian River County, Florida.
22
September 22, 2009
10.A.2 CONSIDERATION OF ORDINANCE TO AMEND TITLE X, IMPACT FEES, OF
THE COUNTY CODE TO REVIEW APPENDIX A, IMPACT FEE RATE
SCHEDULE, AND TO EXTEND TEMPORARYSUSPENSIONOFIMPACT FEES
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating, reported that this Agenda Item would
address two separate issues: (1) to amend the Impact Fee Schedule, making it consistent with the
recent Impact Fee Update Report, and (2) to extend the temporary suspension of five impact fees
for an additional six months. He recapped his Memorandum dated September 11, 2009, and
noted that the only change from the August 18, 2009 Board of County Commission Meeting
Staff Report was the revised Impact Fee Rate Schedule (copy on file) for banks without a drive-
thru. He recommended the Board approve the above items in two separate motions.
Director Keating explained the three factors of the impact fee formula.
The Chairman opened the Public Hearing.
Nancy Offut, representing the Treasure Coast Builders Association, supported the
amendment and suspension. She asked for an explanation on the differences in Administrative
Fees.
September 22, 2009
23
Director Brown reported that the total administrative fee is 2.5%, with the Cities
collecting 2% and the County collecting .5%.
There were no additional speakers, and the Chairman closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously adopted
Ordinance 2009-015, amending Title X, Impact Fees, of
the Code of Indian River County to revise Appendix A,
Impact Fee Rate Schedule; and amending Code Section
1000.06 "imposition" to provide an exception temporarily
suspending for six months the imposition of Impact Fees
for Emergency Services Facilities, Correctional Facilities,
Public Buildings, Law Enforcement, and Solid Waste
Facilities; and providing for codification; severability; and
effective date.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board, by a 4-1 vote
(Commissioner Solari opposed) approved the temporary
suspension of five impact fees from October 1, 2009 to
March 31, 2010.
24
September 22, 2009
Commissioner Solari conveyed his reasons for opposing the temporary suspension. He
believed impact fees were designed to pay for development, and should not be used to promote
or delay development.
10.C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT
I2.A.I. SPECTORSOFT CORPORATION'S REQUEST FOR A LOCAL .IDBS GRANT
Director Keating recapped the memorandum dated September 15, 2009, and requested
the Board approve the proposed Local Jobs Grant in the amount of $208,000 to SpectorSoft
Corporation. He reported that the Corporation had proposed to create 34 new jobs over the next
few years and that it qualifies for the County's Local Job Grant Program. The money will be
paid over a three-year period from the General Fund, and will start when the jobs are created.
Larry Thompson, on behalf of SpectorSoft Corporation, described SpectorSoft as a
technology software development company that is excited about partnering with the County to
help defray the cost to find, source, and/or bring in the talent and skills that will help his
company grow.
25
September 22, 2009
Commissioner O'Bryan felt this to be a prime example of the companies and businesses
County wants to attract. He talked about SpectorSoft's sales and their involvement with high
school students.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved a local Jobs Grant of up to $208,000 for Spector
Soft Corporation; and authorized the Chairman to execute
same after approval of the Agreement by County staff and
the County Attorney's office, as recommended in the
memorandum of September 15, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.A.2. REQUEST FOR A umoRm TION TO ABATE A PUBLIC NUISANCE ON AN
UNMAINTAINED GOLF COURSE WITHIN VISTA GARDENS MULTIFAMILY
DEVELOPMENT (LANDOWNER: VISTA GOLFLLC, CODEENFORCEMENT
CASE No. 2009060086)
Chief DeBlois recapped his Memorandum of September 10, 2009, and displayed
photographs of the Vista Golf, LLC property in Vista Gardens. He spoke about the overgrown
grasses/weeds violation, gave a chronological background of the situation, and provided the
Board with two alternatives -- to do nothing or to abate the nuisance by mowing (costs to be
recorded against the property), and the Board chose the second alternative.
26
September 22, 2009
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Wheeler, to approve
Alternative 2 — Proceed with directing staff (or County
contractors) to enter onto the subject property and mow
the overgrown weeds.
There was consensus from the Board that the grass be
double -mowed, and left in a pristine condition.
The Chairman CALLED THE QUESTION. The Board
unanimously approved Alternative 2, authorizing the
County's employees, servants, agents, or contractors to
enter upon the Vista Golf, LLC property within Vista
Gardens at all reasonable times, and to take whatever
action is necessary to abate the nuisance as described, with
costs of the abatement to be recorded as a lien against the
subject property, as recommended in the memorandum of
September 10, 2009.
I2.A.3. CONSIDERATION OF REVIEW SCHEDULE AND PRELIMINARYSTATEMENT
OF ISSUES FOR THE PROPOSED FPL ENERGY SECURE PIPELINE SITING
APPLICATIoNNo. NG09-02
Director Boling recapped his memorandum of September 11, 2009. He used an aerial
map to identify the location and the minimal impacts of the natural gas pipeline project as
27
September 22, 2009
proposed by Florida Power and Light (FPL). To date, staff has reviewed FPL's application and
coordinated with the Department of Environmental Protection (DEP), FPL, and other local
agencies and provided sufficiency comments to DEP. Recently DEP issued a schedule for the
pipeline review process, and based on that schedule, there are application review decisions that
the Board needs to make. His presentation included the County's decision points, the
preliminary statement of issues, and staff s recommendation.
Commissioner O'Bryan wanted to know if staff had received concerns from the
community. Director Boling responded that a few property owners were concerned about the
uncertainty of the corridor, and that site -by -site specifics would address further impacts.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to approve
staff s recommendation to: (1) determine there is no need
for a certification hearing or optional information meeting
to be held in Indian River County; (2) concur with staff s
draft preliminary statement of issues and recommended
conditions of certification; and (3) set January 19, 2010 as
the date the Board will consider a draft issues report on
project impacts at its regular meeting.
Bob Johnson, Coral Wind Subdivision, felt FPL should consider putting a one-year
moratorium on any potential increase in electric rates, as a condition of the County for the
pipeline project.
September 22, 2009
Rene Renzi, Waverly Place, questioned whether this pipeline would increase the
availability of natural gas for private residences.
Rachael Scott, Florida Power and Light Environmental Services Department, told Ms.
Renzi that the project is intended to serve as their plant generation of electricity, and that it
would not offer residential distribution.
Commissioner Solari supported this project, stating that it would bring another natural
gas line down the State making FPL more competitive, that natural gas is cleaner than the City's
alternative of coal; and that once this project is in place it would bring in about $1,000,000 per
year in taxes for the County.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously: (1) determined
there was no need for a certification hearing or optional
information meeting to be held in Indian River County;
(2) concurred with staff's draft preliminary statement of
issues and recommended conditions of certification; and
(3) set January 19, 2010 as the date the Board will
consider a draft issues report on project impacts at its
regular meeting, as recommended in the memorandum of
September 11, 2009.
The Chairman called a break at 12:04 p.m., and reconvened the meeting at 12:35 p.m.,
with all members present.
29
September 22, 2009
12.B. EMERGENCYSER VICES -NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMANRESOURCES
12.D.I. DISCUSSION- CouNTYATTORNEYRECRuiTMENTPROCESS
Director of Human Resources James Sexton, discussed the recruitment and hiring process
for the County Attorney position. He referenced pages 296 — 301 of the back up for
recommended documents that the Board could consider for the hiring process.
Director Sexton informed the Board that when he composed the documents in the
backup, he used the verbiage from several postings of agencies that were recruiting for County
Attorneys or Assistant County Attorneys. He said he had also pulled information from the
document which Attorney Collins had provided at the September 15, 2009 Board of County
Commission meeting.
A lengthy discussion ensued regarding a recruiting/hiring timeline, using a compensation
package range, drawing on the resources of another County's application package, the applicant
possessing experience under Florida law and strong management skills, and whether a contract
or severance package should be offered.
Director Sexton mentioned that without a contract, it would need to be made perfectly
clear that the new attorney would be coming on board "at will" of the commission, and without
property rights. He pointed out that if the Board wants to offer a Compensation package that
30
September 22, 2009
would include dependent coverage, deferred compensation, and/or long term disability, a
contract might be considered when outlining the benefits.
Fred Mensing, 7580 129th Street, Sebastian, suggested the Board not be able to fire
either the Attorney or Administrator without a super majority (4-5 vote).
Reactions varied but the majority of the Commissioners supported Mr. Mensing's
suggestion.
Attorney Collins pointed out that under the Florida Retirement System, County
Administrators can have multi-year contracts, and County Attorneys can only have annual
contracts.
After discussion, the Board directed staff to use the total compensation package range of
$125,000 to $175,000, and bring this back to the October 6, 2009 Board of County Commission
Meeting, before posting the position.
12.E. HUMANSER VICES -NONE
12.F. LEISURE SERVICES -NONE
12.G. OFFICE OFMANAGEMENT AND BUDGET- NONE
12.H. RECREATION -NONE
31
September 22, 2009
12.L PUBLIC WORKS
12.L1. ROADWAYIMPROVEMENTS FOR 2OTHAVENUE (FR OM 25TH STREETS. W. TO
21ST STREETS. W.) IRC PROJECT No. 0541
Assistant Public Works Director Christopher Mora updated the Board on the current
paving, widening, and drainage improvements to 20th Avenue, the half -mile segment between
25th Street S.W. and 21St Street S.W. He used an aerial slide to show the Board a portion of 20th
Avenue that was not included in the previously approved project. He recommended the Board
approve the 20th Avenue Roadway Improvement Project, and to direct staff to move ahead for
advertising construction bids.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
directed staff to proceed with the bidding process for the
20th Avenue (25th Street SW to 21St Street SW)
construction project, as recommended in the memorandum
of September 11, 2009.
12.L2. WORK ORDER #% COASTAL TECHNOLOGY CORPORATION INC.,
ADDITIONAL UPLAND SAND PERMITTING SERVICES
(Clerk's Note: This Item was heard following Item 12.1.3., and is placed here for
continuity. The Chairman passed the gavel to Vice Chairman Flescher, who assumed the
Chairman position, due to a declared voting conflict - Form 8B, Memorandum of Voting Conflict
for County, Municipal, and other Local Public Officers is on file.)
32
September 22, 2009
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, to approve Work
Order No. 7 to the Agreement with Coastal Technology
Corporation, Inc. (CTC).
Commissioner O'Bryan stressed the urgency of this project to Mr. Walther, President of
Coastal Technology Corporation, Inc. (CTC).
Director Mora announced that this was to be an additional Work Order to Coastal
Technology Corporation, Inc. (CTC) to include Stormwater and Underground, LLC (SUI), aka
the Brian Davis mine, in the application as an alternate source. He said staff had requested a cost
estimate from Coastal Technology to include the additional source at the time when they thought
there was a chance that the SUI mine could be used.
Michael Walther, President of Coastal Technology Corporation, Inc. (CTC),
acknowledged the high priority of the project and divulged that CTC is presently and actively
working on it. He revealed that CTC had already gone through the initial pass on the design
alternatives, using the sand mine sources as proposed by Ranger Construction Industries, Inc.
Attorney Collins reported that the proposal submitted by Ranger Construction did not
include the SUI sand mine as a source.
Following a brief discussion regarding the addition of another sand source, and the cost
of additional fees ($21,030) to add this source to the permit modification, Commissioner
33
September 22, 2009
O'Bryan announced that he thought Work Order No. 7 was for the permit modification for the
Ranger Construction bid.
Jonathan Gorham, Ph.D., Coastal Resource Manager, announced that the Work Order
was prepared as a contingency, in case the Board wanted to include SUI as a source. He felt it
would entail extra work to prepare a permit modification, but that it should not significantly
delay the date at which the modification would arrive at Tallahassee.
Mr. Walther felt that adding the SUI mine to the DEP permit modification might delay
the process up to, but not more than one week.
Commissioner Wheeler withdrew his motion.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to NOT fund
Work Order No. 7.
Brian Davis reminded the Board that the County is still in the middle of hurricane
season, and should the County need more sand to complete the project on time, they might want
to reconsider.
34
September 22, 2009
The Vice Chairman CALLED THE QUESTION and the
Motion carried. The Board by a 4-0 vote (Chairman Davis
recused himself), denied approval of Work Order No. 7 to
the Agreement with CTC.
(Clerk's Note: Vice Chairman Flescher returned the gavel to Chairman Davis.)
12.L3. BID PROTEST- SECTOR 3 BEACHAND DUNE RESTORATION PROJECT
(Clerk's Note: This Item was heard prior to Item 1212. and placed here for continuity.
The Chairman passed the gavel to Vice Chairman Flescher, who assumed the Chairman
position, due to a declared voting conflict - Form 8B, Memorandum of Voting Conflict for
County, Municipal, and other Local Public Officers, is on file in the Office of the Clerk to the
Board.)
Attorney Collins provided the Board with opening remarks, background information, and
guidance on the bid protest from Stormwater and Underground, LLC (SUI), aka the Brian Davis
Mine.
Due to the Quasi Judicial nature of this item, the Deputy Clerk swore in all persons
intending to speak.
Director Mora updated the Board on the chronological order of events that led up to the
bid protest (bid protest binder on file), and recommended the Board: (1) review the decision of
35
September 22, 2009
the County Purchasing Manager, (2) hear the bid protest from SUI, and (3) make the decision to
uphold or deny the bid protest.
Kurt Thalwitzer, Esquire, Mateer & Harbert P.A., representing SUI, summarized the
protest facts of SUI, regarding the Sector 3 Beach and Dune Restoration Project, as he viewed
them through: (1) the examination of the Invitations to Bid; (2) the September 8, 2009 Board of
County Commission meeting video; and (3) bid packages. He highlighted issues of fill, permits,
traffic and equipment, and provided the Board with a "Bid Protest" binder (copy on file).
Attorney Thalwitzer asked the following individuals to speak:
Kaylene Wheeler, owner of B&S Control Solutions, an Environmental Consulting
Company, confirmed that the SUI permits are all in compliance, and that Mr. Davis never
received a non-compliance letter from the State. She also highlighted portions of an e-mail letter
that was sent to Mr. Davis from Leslie Church, a PE Hydrologist.
Brad Faucett, Regional Engineer with Universal Engineering Sciences, Inc., gave the
details and conclusions of the geotechnical work he had performed for Mr. Davis in support of
the Sector 3 Beach Restoration Project. He explained the testing process for boring samples, and
was confident that the sand sample results were consistent and accurate to the project
specifications.
Michael Walther, President of Coastal Technology and Engineer of Record for the
Sector 3 Beach Restoration Project, acknowledged Attorney Thalwitzer's accounts of what had
been said in the September 8, 2009 Board of County Commission meeting to be a "fair
characterization."
36
September 22, 2009
A brief question and answer period ensued regarding the sand boring samples tested, the
definition of "best sand", and the "fluff' factor.
Charles Rowan, Rowan Construction, spoke about his experience with dredging mines,
construction, equipment, and sand boring samples.
Donald Dansby emphasized that truck drivers usually take the fastest, shortest and
easiest route to get to their destinations, and felt it would be the same situation with Ranger's
trucks when transporting the sand. He also believed the SUI mine had the best sand per the
County's consultant evaluation.
Brian Davis, owner of the SUI mine, calculated the different routes which the transport
trucks could/would use, and the total mileage for each. He did not understand the logic for
awarding Ranger Construction the bid award when their travel routes would add an additional
520,104 additional miles of truck traffic to the local roads.
The Vice Chairman called a break at 2:28 p.m., and reconvened the meeting at 2:3 7p.m.,
with all members present.
Attorney Thalwitzer listed the reasons why he believed the competitive bid process was
violated, and asked the Board to reconsider their decision and award the contract to SUI.
37
September 22, 2009
Ed Lombard, Esquire, Vezina, Lawrence, and Piscitelli, P.A., on behalf of Ranger
Construction Industries, Inc., outlined the competitive bid process, the burden/standard that SUI
is required to meet, and why it has not been met. He said that after watching the video of the
September 8, 2009 Board of County Commission meeting, he found the Board to be "engaged,"
that everything the Commissioners considered was rational and logical, and not abusing their
discretion. Attorney Lombard stressed that the Board had made its decision based on the
information it had at the time the bids were submitted, and that in bid protest proceedings, the
bid cannot be changed after the fact. He said the Courts would not step in and overturn the
Board's decision as long as the Commissioners did not abuse their discretion, acted honestly, and
did not act arbitrarily in making their decision. He asked the Board to uphold their decision, and
move forward with the project award to Ranger Construction Industries, Inc.
Vice Chairman Flescher opened the floor for public comments.
Sumner Sharman, Sebastian, felt the Board should reject both bids, and voiced concern
over the sand being hauled from south to north County via AlA and the bridges.
Bill Glenn, 1802 E. Barefoot Place, Vero Beach, said he travels over the bridge every
day without delay. He voiced concern over the urgency of the project, the quality of the grains,
and the availability of the sand. He asked the Board to support their earlier decision to Ranger
Construction.
Fred Mensing, thanked the Board for keeping the money in the County.
September 22, 2009
Discussion ensued regarding the permitting status, sand boring sampling, and adding
aggregate to the sand to bring up the coarse grain size.
Steve Smith, owner of the Ranch Road Lakes SandMine, informed the Board that he did
not hand mix or supply a bag of sand for the sampling, the engineers pulled their own.
Mr. Davis stated that his samples were pulled from their existing stock pile.
Chuck Cramer, 10729 US 1, Sebastian, reported that his people pulled their own core
samples for testing.
Nick Stewart, Stewart Mining, informed the Board that his company has their own
geologists, and that they pulled samples from cross-sections, then had it re -verified by another
geologist.
There was a brief discussion pertaining to bore samplings and mining code violations.
Chuck Cramer, defined "sand sample," "boring," and "submitted samples."
Kaylene Wheeler testified that a modification to the St. Johns River Water Management
permit was not needed at this time.
39
September 22, 2009
Mr. Davis drew attention to the e-mail from Leslie Church (St. Johns River Water
Management District), dated Friday, September 18, 2009 at 5:15 p.m. (copy on file) regarding
the larger hydraulic dredge pump, justified that his company has enough allocation to run the
pump from now through April 12th°and emphasized that there was no issue to modify the permit.
Attorney Thalwitzer provided his closing remarks and the reasons why he believed SUI
to be the lowest, most responsible, and responsive bidder. He asked the Board to reconsider their
decision and award the bid to SUI.
Mr. Rowan provided the specifics and rate of the hydraulic dredge pump. He also spoke
about the dredging process, the stockpile of fill, and sand grain sizes.
Vice Chairman Flescher closed the floor to public comments.
Attorney Collins summarized the general statutory rule on competitive bidding. He did
not believe the Courts would hold the Board to a literal lowest dollar bidder requirement, that
they would allow the Board to consider other factors which include the facilities for carrying out
the contract, the previous conduct under other contracts, and the quality of their previous work.
He said the rule allows the Board the discretion to not take the low bidder when there are reasons
not to, and he told the Board that they have the discretion to approve the appeal and award to the
low bidder, or reject the appeal. His advice was to avoid any appearance of arbitrarily rejecting
the low bidder, or to reject the appeal.
Commissioner O'Bryan reiterated that SUI was not staff's recommended low bidder for
the project, and that staff also recommended that if timing was a priority, to award the bid to the
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September 22, 2009
offshore dredging company. He recalled the Board made a motion and voted to proceed with
none of staff's alternatives; instead, the Board had made the decision to move the project forward
to be completed this year, and to use an upland sand source. Commissioner O'Bryan
summarized the history of the SUI mine and commented on their code enforcement violations.
He supported his original decision of awarding the bid to Ranger Construction.
Vice Chairman Flescher clarified to the public that Commissioner Wheeler was not
related to the speaker, Kaylene Wheeler.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to deny the appeal
by Stormwater and Underground, LLC (SUI).
The Commissioners provided their comments and articulated their reasons for why they
would continue to uphold their original decisions from the September 8, 2009 Board of County
Commission Meeting (awarding the bid for the Sector 3 Beach and Restoration Project to Ranger
Construction Industries, Inc.).
The Vice Chairman CALLED THE QUESTION, and by a
4-0 vote (Chairman Davis recused himself), the Motion
carried. The Board denied the appeal by Stormwater and
Underground, LLC (SUI).
41
September 22, 2009
(Clerk's Note: Form 8B, Memorandum of Voting Conflict for County, Municipal, and
other Local Public Officers is on file)
Vice Chairman Flescher called a break at 4:15 p.m., and reconvened the meeting at
4:23 p.m., with all members present.
12.J. UTILITIES SERVICES
12.J.1. SPOONBILL MARSH WETLAND FACILITY- UCP 2785 CHANGE ORDER NO.
3 FOR TIM ROSE CONTRACTING, INC.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Change Order No. 3 to Tim Rose Contracting,
Inc., in the amount of $23,916.65; and authorized the
Chairman to execute same, as recommended in the
memorandum of September 8, 2009.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12..12. 16 " BRINE FORCE MAIN, BENT PINE TO SPOONBILL MARSH AND 12"
REUSE WATER MAINLATERAL "G" TO U.S. HIGHWAY 1 B&B
UNDERGROUND CONTRACTORS, INC., FINAL PAYMENT AND RELEASE OF
RETAINAGE — UCP 2785
42
September 22, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Final Payment Application to B&B Underground
Contractors, Inc., in the amount of $401,738, as
recommended in the memorandum of September 8, 2009.
I2.J.3. WABASSO BEACHPARKLIFT STATION WET WELL DROP, APPROVAL OF
WORKAUTHORmTIONDIRECTIVENo. 2009-004 B Y SHEL TRA & SONS
CONSTRumoN CO.. INC. UCP NO. 3053
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
the project at a total estimated cost of $1,240.32; and
authorized the Chairman to execute Work Authorization
Directive No. 2009-004 to the Utilities Department Labor
Contractor, Sheltra & Sons Construction Co., Inc., for
$1,049.47, as recommended in the memorandum of
September 11, 2009.
WORK AUTHORIZATION DIRECTIVE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS - NONE
14. COMMISSIONER ITEMS
43
September 22, 2009
14.A. COMMISSIONER WESLEYS. DAVIS, CHAIRMAN -NONE
14.B. COMMISSIONER JOSEPHE. FLESCHER, VICE CHAIRMAN -
NONE
14. C. COMMISSIONER GARY C. WHEELER - NONE
14.D. COMMISSIONER PETER D. O'BRYAN
14.D.1. RESOLUTION OF SUPPORT
Commissioner O'Bryan recalled that several months ago, the Board had voted
unanimously to bring a Tax Abatement Program to a Referendum for the County, but due to the
cost of the election, they voted to bring it to the November 2010 ballot. Since that time, the City
of Sebastian added to their City Election ballot a Tax Abatement Program that will be
forthcoming on the November 2009 ballot. Since the Board had already voted to move forward
with the Countywide Tax Abatement Program, he hoped the Board would consider approving the
Resolution of Support for the City, moving their Tax Abatement Initiative forward, and offer
help, advise, or support on an individual basis.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved a Resolution of Support for the City of
Sebastian's Tax Abatement Initiative, and directed staff to
prepare and bring the Resolution of Support to a future
September 22, 2009
Board of County Commission meeting for final approval,
as requested in the memorandum of September 16, 2009.
14.E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSER VICES DISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes
are being prepared separately.
15.A.1. APPROVAL OF MINUTES MEETING OF.IULY 21.2009
15.A.2. FUTURE USE FOR FORMER FIRE -RESCUE STATION 9 (SEBASTIAN)
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency Services
District Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately.
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September 22, 2009
1 S.B.I. REOUEST TO INCLUDE THE FORMER SOUTH GIFFORD ROAD LANDFILL
SITE INTO THE BROWNFIELD GRANTAPPLICATION BY THE TREASURE
COAST REGIONAL PLANNING COUNCIL
15-C- ENVIRONMENTAL CONTROL BOARD - NoNE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
4:37 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Wesley S. Davis, Chairman
Minutes Approved: NOV 17 2009
BCC/LAA/2009Minutes
aril
September 22, 2009