HomeMy WebLinkAbout09/23/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 23, 2008
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
S.A. PRESENTATION OF PROCLAMATION- NATIONAL WILDLIFE REFUGE WEEK 2
S.B. PRESENTATION BY GERALDINE MCPHERSON, FLORIDA ATLANTIC UNIVERSITY,
TREASURE COAST CAMPUS VICE PRESIDENT, AND DR. SHIRLEYPOMPONI,
EXECUTIVE DIRECTOR OF HARBOR BRANCH OCEANOGRAPHIC INSTITUTE,
CONCERNING ECONOMIC DEVELOPMENT EFFORTS ALONG FLORIDA'S
RESEARCH COAST 3
6. APPROVAL OF MINUTES - NONE 4
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION 4
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September 23, 2008
7.A. CITIZEN -AT -LARGE VACANCY ON HISTORIC RESOURCES ADVISORY
COMMITTEE 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES - SEPT 5 TO SEPT 11, 2008 5
B.B. OUT OF COUNTY TRAVEL TO ATTEND THE 23" ANNUAL GOVERNOR'S
HURRICANE CONFERENCE IN FORT LAUDERDALE, FLORIDA 5
8.C. PROPERTY ACQUISITION- TAX ROLL REMOVAL & TAX CANCELLATION 6
8.D. THIRD PARTY CLAIMS ADMINISTRATION ADDENDUM 9
B.E. VERO BEACH HIGH SCHOOL USE OF FAIR GROUNDS EXPO CENTER 9
8.F. SEBASTL4N CLAMBAKE LAGOON FESTIVAL 10
8.G. AUTHORIZATION TO OBTAIN APPRAISALS FOR LAND ADJACENT TO NORTH
COUNTY LIBRARY AND AUTHORIZATION TO COMMENCE NEGOTIATIONS FOR
POTENTIAL ACQUISITION OF LAND 10
B.H. MISCELLANEOUS BUDGET AMENDMENT 021 11
8.1. RIGHT-OF-WAYACQUISITION, 8500 63RD AVENUE, CR510 PROJECT #0610
(NORTH SIDE OF CR510 BETWEEN 64711AVENUEAND 58TH AVENUE), JOHN C.
SWEARINGEN/OWNER 11
B.J. GROVE ESTATES, LLC'S REQUEST FOR EXTENSION OF SITE PLAN APPROVAL
FOR A MULTI -FAMILY RESIDENTIAL DEVELOPMENT TO BE KNOWN AS VERO
GROVE TOWNHOMES (QUASI-JUDICIAL 12
8.K FEC RAILROAD REIMBURSEMENT AGREEMENT FOR GRADE CROSSING AND
CROSSING TRAFFIC CONTROL DEVICES,12TH STREET RAILROAD CROSSING
CONSTRUCTIONBYFDOT 12
B.L. APPROVAL OF BID AWARD FOR IRC BID MO. 2009002, ANNUAL BID FOR
CARTRIDGE FILTERS 13
B.M. SERVICE AGREEMENT FOR INDIAN RIVER COUNTY SHERIFF OFFICE E911
PUBLIC SAFETY ANSWERING POINT (PSAP) MGE UPS ONA SOLE SOURCE
BASIS FROM MGE UPS SYSTEMS, INC. 14
B.N. FINAL PAYMENT, ABSOLUTE MARINE TOWING AND SALVAGE INC., DERELICT
VESSEL REMOVAL PROGRAM 14
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September 23, 2008
8.0. AWARD OF BID # 2008074, EAGLE TRACE SUBDIVISION -PHASE II, IRC
PROJECT NO. 0813 15
8.P. COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY AND
TEAMSTERS LOCAL 769 15
8.Q. RUTHM. SILVA, STATE ROAD 60/58TIIA VENUE INTERSECTION
IMPROVEMENTS, PROJECT #0632 16
8.R. APPROVAL OF WORK ORDER No. MCI REVISED WITH PENINSULA
HYDROLOGIC DATA SPECIALISTS, INC. FOR WATER QUALITY TESTING AND
SUPPORT SERVICES FOR THE MAIN RELIEF CANAL POLLUTION CONTROL
SYSTEM 16
8.S. FDOT LOCAL AGENCY AGREEMENT (LAP) SUPPLEMENTAL AGREEMENT AND
RESOL UTIONAUTHORIZING THE CHAIRMAN'S SIGNATURE AOU94 (FM
NUMBER 416083-1-58-01), 12771 STREET FOR SIDEWALK CONSTRUCTION FROM
VERO BEACH ELEMENTARY SCHOOL TO 11TH AVENUE - IRC PROJECT NO.
0216 17
8.7'. FDOT LOCAL AGENCY AGREEMENT (LAP) SUPPLEMENTAL AGREEMENT AND
RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE A0U94 (FM
NUMBER 416084-1-58-01)12TH STREET FOR SIDEWALK CONSTRUCTION FROM
27THAVENUETO 43RD AVENUE - IRC PROJECTNo. 0604 17
8.U. INTERFUND BORROWING 18
8.V STATE AID APPLICATION/AGREEMENT 18
8.W. APPROVAL OF BID AWARD FOR IRC BID Mo. 2009005, ANNUAL BID FOR
ALUMINUM SULFATE, UTILITIES DEPARTMENT/UTILITIES OPERATIONS
CENTER 19
8.X APPROVAL OF BID AWARD FOR IRC BID No. 2009010, ANNUAL BID FOR
POLYMER/UTILITIES DEPARTMENT 20
8.Y. APPROVAL OF BID AWARD FOR IRC BID No. 2009014, ANNUAL BID FOR DAY
LABOR SERVICES, PUBLIC WORKS DEPARTMENT/ ROAD AND BRIDGE DIVISION
20
8.Z FLORIDA DEPARTMENT OF LAW ENFORCEMENT, FY2008/2009 EDWARD
BYRNE MEMORIAL .JUSTICE ASSISTANCE GRANT (JAG) PROGRAM 21
3
September 23, 2008
8.AA. APPROVAL OFBID AWARD FOR IRC BID No. 2009004, ANNUAL BID FOR SOD,
PUBLIC WORKS DEPARTMENT/ROAD AND BRIDGE DIVISION 22
8.BB. TEMPORARY EXTENSION OF CURRENT CUSTODL4L SERVICES AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND HEVERON GROUP, INC., D/B/A
BEACHLAND CLEANING SERVICE 23
8. CC. AMENDMENT NO. 3 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING
SERVICES FOR THE 5TH ST. SW BRIDGE OVER LATERAL "C" CANAL, 43RD
AVENUE BRIDGE OVER SOUTH RELIEF CANAL AND OLD DIXIE HIGHWAY
BRIDGE OVER SOUTH RELIEF CANAL, INDL4NRIVER COUNTY PROJECT NO.
0204, 0205, 0206 23
8.DD.APPROVAL WORK ORDER No. 4 (ENGINEERING) WITH AM ENGINEERING, INC.,
PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN ACCORDANCE WITH
THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO. 0534, 10TH COURT SW
FROM OSLO ROAD TO 77.11 STREET SW - IRC PROJECT #0436, 1ST ROAD FROM
35THAVE TO 32ND A vE— IRC PROJECT #0522 24
8.EE. ACQUISITION OF RIGHT-OF-WAY ALONG 66THAVE 25
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES 25
9.A. ESTABLISH OTHER POST EMPLOYMENT BENEFITS TRUST (OPEB TRUST) AND
AUTHORIZE INITIAL CONTRIBUTION 25
10. PUBLIC ITEMS 27
10.A. PUBLIC HEARINGS 27
10.A.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR SEPTEMBER 23, 2008:
RYALL ACQUISITION GROUP, LLC's REQUEST TO REZONE APPROXIMATELY
585.57 ACRES FROMA-1, AGRICULTURAL 1 (UP TO 1 UNIT/5 ACRES), RS -3,
RESIDENTIAL SINGLE-FAMILY (UP TO 3 UNITS/ACRE), RM -3, RESIDENTIAL
MULTI -FAMILY (UP TO 3 UNITS/ACRE), RM -6, RESIDENTL4L MULTI FAMILY (UP
TO 6 UNITS/ACRE), RM -8 RESIDENTIAL MULTI -FAMILY (UP TO 8 UNITS/ACRE),
AND CON -2, ESTURINE WETLAND CONSERVATION DISTRICT TO PLANNED
4
September 23, 2008
DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN (PDTND) AND
OBTAIN CONCEPTUAL PLANNED DEVELOPMENT PLAN APPROVAL FOR A
PROJECT TO BE KNOWN AS LIBERTY PARK (LEGISLATIVE) 27
10.B. PUBLIC DISCUSSION ITEMS 27
10.B. 1. REQUEST TO SPEAK FROM DAVID COX, PELICAN ISLAND AUDUBON
REGARDING MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE 27
10.B.2. REQUEST TO SPEAK FROM EVERETTE BROWN REGARDING IMPACT OF THE
43RD AVE PROJECT ON HOME OWNERS 28
10.C. PUBLIC NOTICE ITEMS 28
10. C 1. NOTICE OF SCHEDULED PUBLIC HEARING OCTOBER 7, 2008: ADOPT AN
ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 105 OF THE CODE OF
INDIAN RIVER COUNTY (LEGISLATIVE) 28
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING OCTOBER 7, 2008: 129TH
PLACE PETITION WATER SERVICE, A PORTION OF INDIAN RIVER ACRES,
INDIAN RIVER COUNTY PROJECT NO. UCP -2953 (ADMINISTRATIVE) 28
11. COUNTY ADMINISTRATOR'S MATTERS - NONE 29
12. DEPARTMENTAL MATTERS 29
12.A. COMMUNITY DEVELOPMENT - NONE 29
12.B. EMERGENCY SERVICES - NONE 29
12.C. GENERAL SERVICE - NONE 29
12.D. HUMAN RESOURCES - NONE 29
12.E. HUMAN SERVICES - NONE 29
12.F. LEISURE SERVICES -NONE 29
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 29
12.H. RECREATION -NONE 29
12.I. PUBLIC WORKS - NONE 29
12.J. UTILITIES SERVICES 29
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September 23, 2008
12.J1. FINAL PAY AND RELEASE OF RETAINAGE ON TLC DIVERSIFIED, INC. WITH
CONTRACT 2006025 FOR MEMBRANE RESTORATION WORK AT THE SOUTH RO
PLANT 30
12.J.2. PRICE INCREASE FOR SULPHURIC ACID 30
12.J.3. MEADOWLARK WOODS SUBDIVISION PETITION WATER SERVICE (61ST
AVENUE NORTH OF 41ST STREET), INDIAN RIVER COUNTY PROJECT NO.
UCP -2324, RESOLUTION IV - FINAL ASSESSMENT 31
12.J.4. AMENDMENT NUMBER 2 TO CONTINUING CONSULTING SERVICES WORK
ORDER No. 4 WITHMASTELLER & MOLER, INC. FOR ENGINEERING SERVICES
FOR CONVERSION OF LATERAL G FORCE MAIN TO REUSE MAIN- UCP NO.
2830 31
12.J. 5. APPROVAL OF PRIVITY AGREEMENT BETWEEN INDIAN RIVER COUNTY AND
BOYLE ENGINEERING FOR DESIGN OF AND APPROVAL OF CONSTRUCTION FOR
16" WATER MAIN ON COLLEGE LANE FROM THE WEST END OF EXISTING
COLLEGE LANE TO 66THAVENUE - UCP 3014 32
12.J.6. VERO CADILLAC - RESCIND A PORTION OF THE DEVELOPER'S AGREEMENT,
APPROVE RETAINING LABOR CONTRACTOR FOR REPLACEMENT OF 6 -INCH
TRANSITE WATER MAIN ON 13TH LANE AND REIMBURSE DEVELOPER FOR
ENGINEERING COSTS 33
13. COUNTY ATTORNEY MATTERS - NONE 34
14. COMMISSIONER ITEMS 34
14.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN - NONE 34
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 34
14.B.1. AMENDMENT TO ORDINANCE SECTION 912.17 PARKING AND STORAGE OF
VEHICLES 34
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE 35
14.D. COMMISSIONER PETER D. O'BRYAN 35
14.D.1. CONSTITUTIONAL AMENDMENT 6 (TABLED FROM 9/16/08 MEETING) 35
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September 23, 2008
14.D.2. BOARD CONSIDERATION TO REFUND FEES PAID TO RENT THE INDIAN
RIVER COUNTY FAIRGROUND EXPO CENTER FOR A BENEFIT ON BEHALF OF
THE ENVIRONMENTAL LEARNING CENTER 36
14.E. COMMISSIONER GARY C. WHEELER - NONE 37
15. SPECIAL DISTRICTS AND BOARDS 37
15.A. EMERGENCY SERVICES DISTRICT - NONE 37
15.B. SOLID WASTE DISPOSAL DISTRICT 38
15.B.1. PUBLIC HEARING TO APPROVE THE THIRD AMENDMENT TO THE FRANCHISE
AGREEMENTS FOR WASTE MANAGEMENT, INC. OF FLORIDA AND REPUBLIC
SERVICES OF FLORIDA, LP (LEGISLATIVE) 38
15.B.2. CANCEL 2008 PETITION HEARING, SOLID WASTE DISPOSAL DISTRICT
ASSESSMENT FEES 38
15.B.3. SCRAP METAL PROCESSING CONTRACT WITH TRADEMARK METALS
RECYCLING LLC 38
15.B.4. STYROFOAM RECYCLING IN INDIAN RIVER COUNTY AND REQUEST FOR
APPROVAL OFA SUB -LEASE AGREEMENT WITHRECYCLETECH CORPORATION 38
15.B. 5. REQUEST TO CREATE A THIRD WASTE HAULING FRANCHISE SERVICE 38
15. C ENVIRONMENTAL CONTROL BOARD - NONE 38
16. ADJOURNMENT 39
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September 23, 2008
September 23, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, September 23, 2008. Present were Vice Chairman Wesley S. Davis, and Commissioners
Joseph E. Flescher, and Peter D. O'Bryan. Chairman Sandra L. Bowden and Commissioner Gary
C. Wheeler were absent. Also present were County Administrator Joseph A. Baird, County
Attorney William G. Collins II, and Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Vice Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Public Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner O'Bryan led the Pledge of Allegiance to the Flag.
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September 23, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
1. Deleted Item 8.R. - Approval of Work Order No. MC1-Revised with Peninsula
Hydrologic Data Specialists, Inc. for Water Quality Testing and Support Services for the Main
Relief Canal Pollution Control System.
2. Deleted Item 10.B.1. - Request to Speak from David Cox, Pelican Island
Audubon Regarding Marine Advisory Narrows Watershed Action Committee.
3. Moved Item 15.B.5. to be heard before Item 15.B.1. - Request to Create a Third
Waste Hauling Franchise Service Area.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved the
above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION — NATIONAL WILDLIFE REFUGE
WEEK
Commissioner O'Bryan read and presented the Proclamation to Kristen Beck from
the Pelican Island Preservation Society.
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September 23, 2008
S.B. PRESENTATION BY GERALDINE MCPHERSON, FLORIDA ATLANTIC
UNIVERSITY, TREASURE COAST CAMPUS VICE PRESIDENT, AND DR.
SHIRLEYPOMPONI, EXECUTIVE DIRECTOR OF HARBOR BRANCH
OCEANOGRAPHIC INSTITUTE, CONCERNING ECONOMIC
DEVELOPMENT EFFORTS ALONG FLORIDA'S RESEARCH COAST
Geraldine McPherson,Vice President of Florida Atlantic University (FAU),
Treasure Coast Campus, gave an overview of FAU's research, and pointed out that this area is
gaining a reputation as one of the top biotechnology centers in the country, with FAU being the
heart of that activity. She recognized Harbor Branch Oceanographic Institute as a premier marine
science organization which recently came under the FAU umbrella as a research institute.
Dr. Shirley Pomponi, Executive Director of Harbor Branch Institute at FAU, told
about the economic development efforts along Florida's coast, the scientific research of Harbor
Branch Oceanographic Institute, ocean exploration, solutions to protect resources, and the
programs they are involved with (copy on file of the PowerPoint presentation she expected to use
but could not due to equipment malfunctions). She emphasized the importance of their association
with FAU — educating the next generation so wise decisions can be made about protecting and
conserving the environment.
Commissioners Flescher and O'Bryan voiced their appreciation with Harbor Branch
Oceanographic Institute and Florida Atlantic University for partnering with the County.
Vice Chairman Davis believed that Indian River State College, now offering four
year degrees, would also be an economic engine for the Treasure Coast.
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September 23, 2008
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION
The Chairman read the following informational items into the record.
7.A. CITIZEN -AT -LARGE VACANCY ON HISTORIC RESOURCES AD VISOR Y
COMMITTEE
8. CONSENT AGENDA
Deputy County Attorney William DeBraal requested Item 8.EE. be pulled for
correction/adjustment.
Commissioner O'Bryan requested Item 8.P. be pulled for discussion.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved the
Consent Agenda, as amended.
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September 23, 2008
8.A. APPROVAL OF WARRANTS AND WIRES — SEPT 5 TO SEPT 11, 2008
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved the
list of Warrants as issued by the Clerk to the Board for the
time period of September 5, 2008 to September 11, 2008, as
requested in the memorandum of September 11, 2008.
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE 23RD ANNUAL GOVERNOR'S
HURRICANE CONFERENCE IN FORT LAUDERDALE, FLORIDA
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved out
of County travel for Commissioners and staff to attend the
23rd Annual Governor's Hurricane Conference in Fort
Lauderdale, from Saturday, May 10, 2009 through
Thursday, May 15, 2009, as recommended in the
memorandum of September 16, 2008.
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September 23, 2008
8. C. PROPERTY ACQUISITION— TAX ROLL REMOVAL & TAX CANCELLATION
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved the
following Resolutions:
(1) Resolution 2008-142, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(CR510 — Vete Derice, aka Vede Derisse, aka Vete Derisse
and Yanick Derice)
(2) Resolution 2008-143, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(85th Street - David Godwin and Inez Terrell)
(3) Resolution 2008-144, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(85th Street, Lot 3 - David Godwin)
(4) Resolution 2008-145, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(85th Street, Lot 1 - David Godwin)
(5) Resolution 2008-146, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(US 1 and 53`d Street — Vero Investment 53, LLC)
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September 23, 2008
(6) Resolution 2008-147, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(66th Avenue and 37th Street — Christopher P. Schlitt and
Charlene W. Schlitt)
(7) Resolution 2008-148, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(12th Street — Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter Day Saints)
(8) Resolution 2008-149, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(58th Avenue — Wal-Mart Stores, Inc.)
(9) Resolution 2008-150, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(58th Avenue — Sam's East, Inc.)
(10) Resolution 2008-151, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(20th Street — Wal-Mart Stores, Inc.)
(11) Resolution 2008-152, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(66th Avenue — Banack Family Limited Partnership)
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September 23, 2008
(12) Resolution 2008-153, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(70th Avenue — Cross Creek Lake Estates, LLC)
(13) Resolution 2008-154, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(CR510 — James Bradley, Jr.)
(14) Resolution 2008-155, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(53rd Street — NAP Indian River II LLC)
(15) Resolution 2008-156, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(53rd Street — NAP Indian River LLC)
(16) Resolution 2008-157, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Porpoise Bay Submerged Land — William W. Caldwell)
(17) Resolution 2008-158, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(CR512 — Glen Rohm, William Brognano, Todd Brognano,
and Daniel J. Brognano — Ameron Homes)
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September 23, 2008
8.D. THIRD PARTY CLAIMS ADMINISTRATION ADDENDUM
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved
Addendum No. III to perform third party claims
administration services for the self-insurance program with
Johns Eastern Company, Inc. (JEC); for a one-year
extension of the Agreement with the same terms and
conditions as the original Agreement, and authorized the
Chairman to execute same, as requested in the
memorandum of September 11, 2008.
ADDENDUM ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. VERO BEACH HIGH SCHOOL USE OF FAIR GROUNDS EXPO CENTER
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) authorized
Vero Beach High School to use the Fairgrounds Expo
Center for College Board Advanced Placement testing, and
waived the standard usage fees and set-up charges, as
recommended in the memorandum of September 15, 2008.
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September 23, 2008
8. F. SEBASTIAN CLAMBAKE LAGOON FESTIVAL
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) authorized the
Sebastian Clambake Foundation, Inc. to use the County's
stage for the Sebastian Clambake Lagoon Festival, and
waived the standard usage fees and set-up charges, as
recommended in the memorandum of September 15, 2008.
8.G. AUTHORIZATION TO OBTAIN APPRAISALS FOR LAND ADJACENT TO
NORTH COUNTY LIBRARY AND AUTHORIZATION TO COMMENCE
NEGOTIATIONS FOR POTENTIAL ACQUISITION OF LAND
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent):
(1) authorized staff to proceed by obtaining the appropriate
appraisals to determine the value of the property;
(2) authorized the County Administrator or designee to
initiate negotiations to determine a fair and reasonable price
necessary to obtain the property; and (3) approved that
upon reaching a negotiated purchase price, the matter be
brought back to the Board for consideration, all as
recommended in the memorandum of September 16, 2008.
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September 23, 2008
8.H. MISCELLANEOUS BUDGET A MENDMENT 021
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved
Resolution 2008-159, amending the fiscal year 2007-2008
Budget.
8.1. RIGHT-OF-WAY ACQUISITION, 8500 63RD AVENUE, CR510 PROJECT
#0610 (NORTH SIDE OF CR510 BETWEEN 64'HAVENUE AND 58'H
AVENUE), JOHN C. SWEARINGEN/OWNER
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board, by a 3-0 vote
(Chairman Bowden and Commissioner Wheeler absent)
approved the Agreement as presented, accepting the
purchase price of $31,000, inclusive of all fees and costs,
for the 4,500 square foot parcel; and authorized the
Chairman to execute same, as recommended in the
memorandum of September 17, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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September 23, 2008
8.J. GROVE ESTATES, LL C'S REQUEST FOR EXTENSION OF SITE PLAN
APPROVAL FOR A MULTI -FAMILY RESIDENTIAL DEVELOPMENT TO BE
KNOWN AS VERO GROVE TOWNHOMES (QUASI-JUDICIAL)
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved
Grove Estates, LLC's request for a one-year extension of
the site plan for Vero Grove Townhomes with all original
approval conditions to remain in effect. The new site plan
approval expiration date will be September 13, 2009, as
recommended in the memorandum of September 15, 2008.
8.K. FEC RAILROAD REIMBURSEMENT AGREEMENT FOR GRADE CROSSING
AND CROSSING TRAFFIC CONTROL DEVICES, 12TH STREET RAILROAD
CROSSING CONSTRUCTION BY FDOT
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved:
(1) the Florida East Coast Railroad, LLC (FEC) Railroad
Reimbursement Agreement for Grade Crossing and
Crossing Traffic Control Devices; (2) authorized the
Chairman to execute same, as recommended in the
memorandum of September 15, 2008; and (3) Resolution
2008-160 authorizing execution of a railroad
reimbursement agreement for the installation of grade
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September 23, 2008
crossing traffic control devices, and future maintenance and
adjustment of said devices; providing for the expenditure of
funds; and providing when this resolution shall take effect.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. APPROVAL OF BID AWARD FOR IRC BID MO. 2009002, ANNUAL BID
FOR CARTRIDGE FILTERS
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent): (1) approved
the award to WACO Associates, Inc., the third and lowest
bidder, and the most responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid; (2) authorized the Purchasing Division to issue blanket
purchase orders or individual job purchase orders, as
needed, for the period of October 1, 2008 through
September 30, 2009 with the recommended bidder; and
(3) authorized the Purchasing Manager to renew this bid for
two (2) additional one (1) year periods subject to
satisfactory performance, vendor acceptance and the
determination that renewal of this annual bid is in the best
interest of Indian River County, as recommended in the
memorandum of September 16, 2008.
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September 23, 2008
8.M. SERVICE AGREEMENT FOR INDIAN RIVER COUNTY SHERIFF OFFICE
E911 PUBLIC SAFETY ANSWERING POINT (PSAP) MGE UPS ONA
SOLE SOURCE BASIS FROMMGE UPS SYSTEMS, INC.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved the
renewal of the Service Agreement with MGE UPS
Systems, Inc. at a cost of $5,082.30, as recommended in the
memorandum of September 11, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. FINAL PAYMENT, ABSOLUTE MARINE TOWING AND SALVAGE INC.,
DERELICT VESSEL REMOVAL PROGRAM
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved the
final invoice from Absolute Marine Towing and Salvage,
Inc., in the amount of $33,920. This amount represents a
reduction of $4,000 to the original contract due to owner
removal of one of the County's identified derelict vessels,
as recommended in the memorandum of September 16,
2008.
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September 23, 2008
8.0. AWARD OF BID # 2008074, EAGLE TRACE SUBDIVISION -PHASE II, IRC
PROJECT No. 0813
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved the
bid award to Timothy Rose Contracting, Inc., in the amount
of $137,111.36, as recommended in the memorandum of
September 15, 2008.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.P. COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND TEAMSTERS LOCAL 769
Commissioner O'Bryan recognized Teamsters and staff for a job well done.
Administrator Baird acknowledged this Agreement is a three year contract. He
thanked Teamster member Steve Myers for recognizing the current economic environment of the
County, and also thanked Jim Sexton and his staff for the smooth negotiation process.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved the
County and Teamsters Local 769 Agreement, effective
October 1, 2008 through September 30, 2011 (Teamster
membership ratified the Agreement on September 17,
15
September 23, 2008
2008), as recommended in the memorandum of September
17, 2008.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. RUTH M. SILVA, STATE ROAD 60/ 58TH AVENUE INTERSECTION
IMPROVEMENTS, PROJECT #0632
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved
Alternative No. 1, the purchase of right-of-way to construct
improvements at the intersection of State Road 60 and 58th
Avenue, for $172,000.00; and authorized the Chairman to
execute same, as recommended in the memorandum of
September 9, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. R. APPROVAL OF WORK ORDER No. MCI -REVISED WITH PENINSULA
HYDROLOGIC DATA SPECIALISTS, INC. FOR WATER QUALITY TESTING
AND SUPPORT SERVICES FOR THE MAIN RELIEF CANAL POLLUTION
CONTROL SYSTEM
(This Item was deleted from the Agenda)
16
September 23, 2008
8.S. FDOT LOCAL AGENCY AGREEMENT (LAP) SUPPLEMENTAL
AGREEMENT AND RESOLUTION AUTHORIZING THE CHAIRMAN'S
SIGNATUREA0U94 (FMNUMBER 416083-1-58-01), 12TH STREET FOR
SIDEWALK CONSTRUCTION FROM VERO BEACH ELEMENTARY SCHOOL
TO 11TH AVENUE — IRC PROJECT No. 0216
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent):
(1) approved the Supplemental Agreement to the FDOT
Local Agency Agreement (LAP); (2) authorized the
Chairman to execute same, as recommended in the
memorandum of September 12, 2008; and (3) approved
Resolution 2008-161, authorizing execution of a
supplemental agreement for sidewalk construction for 12th
Street from Vero Beach Elementary School to 1lth Avenue
in Indian River County.
8.T. FDOT LOCAL AGENCY AGREEMENT (LAP) SUPPLEMENTAL
AGREEMENT AND RESOL UTIONAUTHORIZING THE CHAIRMAN'S
SIGNATUREAOU94 (FMNUMBER 416084-1-58-01)12TH STREET FOR
SIDEWALK CONSTRUCTION FROM 27THAVENUETO 43RD AVENUE — IRC
PROJECT NO. 0604
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
17
September 23, 2008
Bowden and Commissioner Wheeler absent):
(1) approved the Supplemental Agreement to the FDOT
Local Agency Agreement (LAP) , (2) authorized the
Chairman to execute same, as recommended in the
memorandum of September 12, 2008; and (3) approved
Resolution 2008-162, authorizing execution of a
Supplemental Agreement for sidewalk construction for 12th
Street from 27th Avenue to 43rd Avenue in Indian River
County.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.U. INTERFUND BORROWING
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved
interfund borrowing as necessary to cover any cash deficits
of individual funds that may occur, as recommended in the
memorandum of September 17, 2008.
8.V. STATE AID APPLICATION/AGREEMENT
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) authorized the
Chairman to execute the State Aid Application, and State
18
September 23, 2008
Aid to Libraries Grant Agreement, and return them to the
Library Services Director to be forwarded to the
appropriate State Library staff, as recommended in the
memorandum of September 8, 2008.
APPLICATION/AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.W. APPROVAL OF BID AWARD FOR IRC BID MO. 2009005, ANNUAL BID
FOR ALUMINUM SULFATE, UTILITIES DEPARTMENT/UTILITIES
OPERATIONS CENTER
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent): (1) approved
the bid award to Fort Bend Services, 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, 2008 through September 30, 2009 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, bidder
acceptance, and the determination that renewal of this
annual contract is in the best interest of Indian River
County, as recommended in the memorandum of
September 15, 2008.
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September 23, 2008
8.X. APPROVAL OF BID AWARD FOR IRC BID NO. 2009010, ANNUAL BID
FOR POLYMER/UTILITIES DEPARTMENT
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent): (1) approved
bid award to Polydyne, 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, 2008 through September 30, 2009 with the
recommended bidder; and (3) authorized the Purchasing
Manager to renew this bid for two (2) additional one (1)
year periods subject to satisfactory performance, vendor
acceptance, and the determination that renewal of this
annual bid is in the best interest of Indian River County, as
recommended in the memorandum of September 15, 2008.
8.Y. APPROVAL OF BID AWARD FOR IRC BID No. 2009014, ANNUAL BID
FOR DAY LABOR SERVICES, PUBLIC WORKS DEPARTMENT/ROAD AND
BRIDGE DIVISION
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent): (1) approved
bid award to Southeast Staffing, Inc. and Tampa Service
Co., Inc. d/b/a Pacesetter Service of Houston, TX, as the
20
September 23, 2008
two lowest and most responsive bidders meeting the
specifications as set forth in the Invitation to Bid. The dual
award gives the Road and Bridge Division an extra level of
protection in the event one vendor cannot supply the
required number of workers; (2) authorized the Purchasing
Division to issue blanket purchase orders for the period of
October 1, 2008 through September 30, 2009 with the
recommended bidder; and (3) authorized the Purchasing
Manager to renew this bid for two (2) additional one (1)
year periods subject to satisfactory performance, vendor
acceptance, and the determination that renewal of this
annual bid is in the best interest of Indian River County, as
recommended in the memorandum of September 16, 2008.
B.Z. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, FY2008/2009
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved the
Certificate of Acceptance of Subgrant Award for the Indian
River County Substance Abuse Planning Grant in the
amount of $3,900, and the Agreement between the Board of
County Commissioners and the Substance Abuse Council
of Indian River County, as recommended in the
memorandum of September 16, 2008.
21
September 23, 2008
CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.AA. APPROVAL OF BID AWARD FOR IRC BID No. 2009004, ANNUAL BID
FOR SOD, PUBLIC WORKS DEPARTMENT /ROAD AND BRIDGE DIVISION
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent): (1) approved
the bid award to Sod Rite and All for You Landscape and
Maintenance, Inc., as the two lowest and most responsive
bidders meeting the specifications as set forth in the
Invitation to Bid. The dual award gives the Road and
Bridge Division an extra level of protection in the event one
vendor cannot supply the required quantity of sod to
complete a job; (2) authorized the purchasing Division to
issue blanket purchase orders for the period of October 1,
2008 through September 30, 2009 with the recommended
bidder; and (3) authorized the Purchasing Manager to
renew this bid for two (2) additional one (1) year periods
subject to satisfactory performance, vendor acceptance, and
the determination that renewal of this annual bid is in the
best interest of Indian River County, as recommended in
the memorandum of September 16, 2008.
22
September 23, 2008
8. BB. TEMPORARY EXTENSION OF CURRENT CUSTODIAL SERVICES
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND HEVERON GROUP,
INC., D/B/A BEACHLAND CLEANING SERVICE
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) authorized the
County Attorney's office and staff to proceed by drafting
an Amendment for a temporary extension of time not to
exceed December 31, 2008; and authorized the County
Administrator to execute the Agreement on behalf of the
Board provided the amended Agreement is reviewed and
approved by appropriate staff and the County Attorney
office, as recommended in the memorandum of September
16, 2008.
8. CC. AMENDMENT No. 3 TO THE PROFESSIONAL ENGINEERING/LAND
SURVEYING SERVICES FOR THE 5TH ST. SW BRIDGE OVER LATERAL
"C" CANAL, 43RD AVENUE BRIDGE OVER SOUTH RELIEF CANAL AND
OLD DIXIE HIGHWAY BRIDGE OVER SOUTH RELIEF CANAL, INDIAN
RIVER COUNTY PROJECT NO. 0204, 0205, 0206
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved
23
September 23, 2008
Amendment No. 3, with Bridge Design Associates, Inc., in
the amount of $11,460.53, which will bring the total
contract amount to $343,799.83, as recommended in the
memorandum of September 9, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.DD. APPROVAL WORK ORDER No. 4 (ENGINEERING) WITH AM
ENGINEERING, INC., PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT NO. 0534, 10TH COURT SW FROM OSLO ROAD TO
7711 STREET SW— IRC PROJECT #0436, 1ST ROAD FROM 35TH AVE TO
32" AVE — IRC PROJECT #0522
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent): (1) approved
Work Order No. 4, with AM Engineering, Inc.
(Engineering) authorizing the project as outlined in the
Scope of Services; (2) authorized the Chairman to execute
same for fees not -to -exceed $4,830.00 for 10th Court SW,
and $4,121.00 for 1st Road, as recommended in the
memorandum of September 12, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
24
September 23, 2008
8.EE. ACQUISITION OF RIGHT-OF-WAY ALONG 66THAVE
Assistant County Attorney William DeBraal pointed out that the Attorney's fee on
Page 4, Section 9.1.5. of the Agreement to Purchase and Sell Real Estate with Ira J. Jr. and Virginia
Bingham should reflect a reduction from 7.5% of the purchase price to 5.75% of the purchase
price, bringing the revised fees to $4,784.00, a decrease of $1,456.00.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved:
(1) the Agreement to Purchase and Sell Real Estate with Ira
J. Jr. and Virginia Bingham; and (2) the reduction in
attorney's fees.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. ESTABLISH OTHER POST EMPLOYMENT BENEFITS TRUST (OPEB
TRUST) AND AUTHORIZE INITIAL CONTRIBUTION
Finance Director Diane Bernardo presented the newly established Other Post
Employment Benefits (OPEB) Trust, which was previously reviewed in the July 15, 2008 Board of
County Commission Meeting. She urged the Board to approve the Resolution establishing the
irrevocable trust for OPEB benefits (for eligible retirees), and the initial contribution of
$2,626,254, which will be invested in Treasuries. Since this will be a short term investment, it will
be invested in accordance with the newly drafted investment policy.
25
September 23, 2008
In response to Commissioner O'Bryan's query, Director Bernardo affirmed that
under OPEB, the Board of County Commissioners will serve as the Board of Trustees and delegate
to a team that will seek advice from an independent outside Advisory Committee, as to where and
what to invest.
Commissioner Flescher thanked Director Bernardo for making herself available, as
the County transitions through the process.
Administrator Baird acknowledged that this new County requirement needs to be in
place by October 1St, 2008.
Discussion ensued regarding money being set aside for future retirement benefits,
accruing and covering liability, and health insurance benefits offered by the County and State.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board by a 3-0 vote
(Chairman Bowden and Commissioner Wheeler absent)
approved Resolution 2008-163, establishing the Indian
River County OPEB Trust as an irrevocable Section 115
Trust pursuant to the Internal Revenue Code and in
compliance with Governmental Accounting Standards
Board Statements 43 and 45; establishing the Indian River
County Board of County Commissioners as the OPEB
Board of Trustees; providing for the duties and powers of
the Trustee; providing for delegation of certain of the duties
and powers of the Trustee to the OPEB Trust Board;
providing for various terms of the Trust; providing for
26
September 23, 2008
conflicts; providing for severability; and providing an
effective date.
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR SEPTEMBER 23, 2008:
RYALL ACQUISITION GROUP, LLC's REQUEST TO REZONE
APPROXIMATELY 585.57ACRES FROMA-1, AGRICULTURAL 1 (UP TO 1
UNIT/5 ACRES), RS -3, RESIDENTIAL SINGLE-FAMILY (UP TO 3
UNITS/ACRE), RM -3, RESIDENTIAL MULTI -FAMILY (UP TO 3
UNITS/ACRE), RM -6, RESIDENTIAL MULTI FAMILY (UP TO 6
UNITS/ACRE), RM -8 RESIDENTIAL MULTI -FAMILY (UP TO 8
UNITS/ACRE), AND CON -2, ESTURINE WETLAND CONSERVATION
DISTRICT TO PLANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD
DESIGN (PDTND) AND OBTAIN CONCEPTUAL PLANNED
DEVELOPMENT PLAN APPROVAL FOR A PROJECT TO BE KNOWN AS
LIBERTY PARK (LEGISLATIVE)
(This Item was deleted from the Agenda)
10. B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM DAVID COX, PELICAN ISLAND A UD UBON
REGARDING MARINE ADVISORY NARROWS WATERSHED ACTION
COMMITTEE
(This Item was deleted from the Agenda)
27
September 23, 2008
10.B.2. REQUEST TO SPEAK FROM EVERETTE BROWN REGARDING IMPACT OF
THE 43RD AVE PROJECT ON HOME OWNERS
Everette Brown, 4236 1 1th Street informed the Board that he would like to reserve
his presentation for a later date, when all the Commissioners are present. He wanted to know when
the plans for widening 43rd Avenue were approved, and requested a presentation be given on the
status of this project during the next scheduled Board meeting.
Vice Chairman Davis told Mr. Brown to leave him with the specifics, and someone
would contact him.
NO ACTION REQUIRED OR TAKEN
10. C PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING OCTOBER 7, 2008:
ADOPT AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER
105 OF THE CODE OF INDIAN RIVER COUNTY (LEGISLATIVE)
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING OCTOBER 7, 2008:
129' PLACE PETITION WATER SERVICE, A PORTION OF INDIAN RIVER
ACRES, INDIAN RIVER COUNTY PROJECT No. UCP -2953
(ADMINISTRATIVE)
Vice Chairman Davis read the notices into the record.
28
September 23, 2008
11. COUNTY ADMINISTRATOR'S MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICE - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
12.1. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES
29
September 23, 2008
12.J.1. FINAL PAY AND RELEASE OF RETAINAGE ON TLC DIVERSIFIED, INC.
WITH CONTRACT 2006025 FOR MEMBRANE RESTORATION WORK AT
THE SOUTHRO PLANT
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved pay
request No. 9 in the amount of $23,146.35, as final and
release of retainage to the contractor, as recommended in
the memorandum of September 10, 2008.
12.J.2. PRICE INCREASE FOR SULPHURIC ACID
Director of Utilities Erik Olson acknowledged that even though chemical prices
have continued to rise, the County has still been able to reduce the usage of sulphuric acid.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board by a 3-0 vote
(Chairman Bowden and Commissioner Wheeler absent)
approved the changes in pricing with the current sole
source supplier, from FY 2008 at $5,610.00, to FY 2009 at
$9,938.00; for sulfuric acid, as recommended in the
memorandum of September 12, 2008.
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September 23, 2008
12.J. 3. MEADOWLARK WOODS SUBDIVISION PETITION WATER SERVICE (61ST
AVENUE NORTH OF 41ST STREET), INDIAN RIVER COUNTY PROJECT
No. UCP -2324, RESOLUTIONIV - FINAL ASSESSMENT
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) approved
Resolution 2008-164, certifying "as -built" costs for
installation of water service to Meadowlark Woods
Subdivision (61St Avenue North of 41St Street) Indian River
County, Florida, and such other construction necessitated
by such project; providing for formal completion date, and
date for payment without penalty and interest.
12.J.4. AMENDMENT NUMBER 2 TO CONTINUING CONSULTING SERVICES
WORK ORDER No. 4 WITH MASTELLER & MOLER, INC. FOR
ENGINEERING SERVICES FOR CONVERSION OF LATERAL G FORCE
MAIN TO REUSE MAIN- UCP No. 2830
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board by a 3-0 vote
(Chairman Bowden and Commissioner Wheeler absent):
(1) approved Amendment No. 2 to Work Order No. 4 with
Masteller and Moler, Inc. for an additional amount of
$27,430.00 for engineering services, bringing the new total
amount for Work Order No. 4 to $131,590.00; and (2)
31
September 23, 2008
authorized the Chairman to execute the same, as
recommended in the memorandum of September 2, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J. 5. APPROVAL OF PRIVITY AGREEMENT BETWEEN INDIAN RIVER COUNTY
AND BOYLE ENGINEERING FOR DESIGN OF AND APPROVAL OF
CONSTRUCTION FOR 16" WATER MAIN ON COLLEGE LANE FROM THE
WEST END OF EXISTING COLLEGE LANE TO 66TH AVENUE — UCP 3014
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent): (1) approved
the Privity Agreement with Boyle Engineering in the
amount of $20,000.00 for engineering design of the 16"
water main on College Lane; (2) authorized the Chairman
to execute same; and (3) approved $271,166.00 for the
construction of the water main facilities by SPS
Contracting of Vero Beach, Florida, as recommended in the
memorandum of September 2, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
32
September 23, 2008
12.J.6. VERO CADILLAC — RESCIND A PORTION OF THE DEVELOPER'S
AGREEMENT, APPROVE RETAINING LABOR CONTRACTOR FOR
REPLACEMENT OF 6 -INCH TRANSITE WATER MAIN ON 13T11 LANE AND
REIMBURSE DEVELOPER FOR ENGINEERING COSTS
Director of Utilities Erik Olson, recapped his Memorandum dated September 12,
2008, explaining the history and details of utilizing the County's labor contractor, Derrico
Construction, Corp., to construct water main improvements at Vero Cadillac.
In response to Vice Chairman Davis's query, Director Olson affirmed that the
engineering costs were expenditures that the County would have incurred regardless of how the
project was accomplished.
Administrator Baird affirmed that the old water line was an inherited problem from
the 1980's that requires correction.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent):
(1) authorized staff to prepare an amendment to the
Developer's Agreement to reflect the changes outlined and
delegate the authority to execute the Amendment to the
County Administrator after review and approval by staff
and the County Attorney's office; (2) approved the project
for $32,383.02 in labor and materials and retaining the
Labor Contractor, Derrico Construction Corp., to construct
the water main improvements at Vero Cadillac for up to
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September 23, 2008
$19,831.76 in labor and authorized the Chairman to execute
Work Authorization No. 2007-017; and (3) approved the
County's reimbursement to the Developer of Vero
Cadillac, James J. Linus, an amount of $13,685.00 to offset
engineering fees incurred by the Developer, as
recommended in the memorandum of September 12, 2008.
WORK AUTHORIZATION DIRECTIVE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS - NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER SANDRA L. BoWDEN, CHAIRMAN- NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
14.B.1. AMENDMENT TO ORDINANCE SECTION 912.17 PARKING AND
STORAGE OF VEHICLES
Vice Chairman Davis conveyed that a gentleman, who works for a local cable
company, approached him about an Ordinance which limits the capacity weight of vehicles in
residential developments to one ton. He said the issue is that a person cannot tell the difference
between a 3 ton, 1 ton, or 1' ton vehicle by looking at them. He suggested an Amendment to the
Ordinance, supporting the increase in vehicle weight capacity in residential areas.
Community Development Director Bob Keating pointed out that pickup trucks are
getting bigger and he clarified that it is not staff's intent to treat them as commercial vehicles in
34
September 23, 2008
neighborhoods. He proposed that staff amend the Land Development Regulation (LDR) to make a
change recognizing the fact that vehicles are receiving more hauling capacity, and should not be
treated as commercial vehicles. He told the Board that if they authorize staff to move forward with
the amendment, he would return with an LDR Amendment.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) directed the
County Attorney's office to draft an Amendment to
Ordinance Section 912.17, Parking and Storage of
Vehicles, to increase vehicle weight capacity in a
residential area to 1 1/4 ton or less.
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.D. COMMISSIONER PETER D. O'BRYAN
14.D. 1. CONSTITUTIONAL AMENDMENT 6 (TABLED FROM 9/16/08 MEETING)
Commissioner O'Bryan explained how Constitutional Amendment 6 deals with
working waterfronts and noted that it would be on the November General Election ballot. He said
that this Amendment was placed on the ballot by the Taxation and Budget Reform Committee,
which meets once every twenty years to review changes regarding budget and reform, and to make
recommendations to the ballot. He felt it important to our working waterfronts that they are not
taxed out of business. He explained that under the current law, property can be accessed and
therefore taxed, not at its current use but at its best and greatest possible use. He said this affects all
working waterfronts, to include commercial docks, marinas, boat ramps, anything along the water
front that provides jobs. Commissioner O'Bryan believed it critical to keep our waterways open,
35
September 23, 2008
our waterfronts working, and jobs intact, not only for the local economy but also for the State. He
requested the Board direct the County Attorney to draft a Resolution of support for Amendment 6.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Davis, the Board by a 3-0 vote (Chairman
Bowden and Commissioner Wheeler absent) directed the
County Attorney's office to draft a Resolution of support
for Amendment 6 — Proposed Constitutional Amendment
for Working Waterfront Properties, as recommended in the
memorandum of September 10, 2008.
14.D.2. BOARD CONSIDERATION TO REFUND FEES PAID TO RENT THE
INDIAN RIVER COUNTY FAIRGROUND EXPO CENTER FOR A BENEFIT
ON BEHALF OF THE ENVIRONMENTAL LEARNING CENTER
Commissioner O'Bryan conveyed how the Environmental Learning Center (ELC)
had planned a fund raiser event for August 23, 2008, to assist in their fire restoration efforts (after
their classroom had been struck by lightning), but due to flooding from Tropical Storm Fay, they
had to relocate to the County Fairground building. Normally there is a $750 fee to rent the facility,
but since the ELC is a prominent, not for profit organization, he requested the fee be waived.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Davis, the Board by a 3-0 vote
(Chairman Bowden and Commissioner Wheeler absent)
approved waiving the $750.00 rental fee for the
Fairgrounds building, as requested in the e-mail of
September 17, 2008.
36
September 23, 2008
Commissioner Flescher agreed with Commissioner O'Bryan, and asked that the
Board also consider facilitating lights to the Citrus Gala and Cattle Baron's Ball for their American
Cancer Society fundraising activity. He likewise requested the lights be delivered to the facility
when needed.
Administrator Baird acknowledged that staff could deliver the lights when needed,
and remembered that last year they had additionally requested the stage, lights, and help with tents.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Vice Chairman Davis to waive rental fees
for the use of the County's lights, stage, and bleachers for
the annual Citrus Gala and Cattle Baron's annual fund
raiser with the American Cancer Society.
The Chairman CALLED THE QUESTION and by a 3-0
vote (Chairman Bowden and Commissioner Wheeler
absent) the Board approved to: (1) waive the $750.00
rental fee for the Fairgrounds building; and (2) waive rental
fees for the use of the County's lights, stage, and bleachers
for the Citrus Gala and Cattle Baron's annual fund raiser
with the American Cancer Society.
14.E. COMMISSIONER GARY C. WHEELER - NONE
15. SPECIAL DISTRICTS AND BOARDS
1 S.A. EMERGENCY SERVICES DISTRICT - NONE
37
September 23, 2008
15. 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.
15.B.1. PUBLIC HEARING TO APPROVE THE THIRD AMENDMENT TO THE
FRANCHISE AGREEMENTS FOR WASTE MANAGEMENT, INC. OF
FLORIDA AND REPUBLIC SERVICES OF FLORIDA, LP (LEGISLATIVE)
15.B.2. CANCEL 2008 PETITION HEARING, SOLID WASTE DISPOSAL DISTRICT
ASSESSMENT FEES
15.B.3. SCRAP METAL PROCESSING CONTRACT WITH TRADEMARK METALS
RECYCLING LLC
15.B.4. STYROFOAM RECYCLING IN INDIAN RIVER COUNTY AND REQUEST
FOR APPROVAL OF A SUB -LEASE AGREEMENT WITH RECYCLETECH
CORPORATION
15.B.5. REQUEST TO CREATE A THIRD WASTE HAULING FRANCHISE SERVICE
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
38
September 23, 2008
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:18 a.m.
ATTEST:
JeffreT3arton, Clerk
Minutes Approved: NOV 8 2008
BCC/LAA/2008Minutes
39
September 23, 2008
Wesley S. Davis
For: Sandra L. Bowden, Chairman
1135 PG 930