HomeMy WebLinkAbout09/08/2009JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 8, 2009
1. CALL TO ORDER.
2.
INVOCATION....................................................................................................................................1
3.
PLEDGE OF ALLEGIANCE............................................................................................................1
4.
ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS....................................2
5.
PROCLAMATIONS AND PRESENTATIONS..............................................................................2
5.A.
PRESENTATION OF THE OCEAN CONSERVANCY'S INTERNATIONAL COASTAL
CLEANUP IN INDIAN RIVER COUNTY BY KRISTINA STURDIVANT, EXECUTIVE
DIRECTOR, KEEP INDIAN RIVER BEAUTIFUL............................................................
2
6.
APPROVAL OF MINUTES..............................................................................................................2
6.A.
REGULAR MEETING OF JULY 21, 2009.....................................................................
2
6.13.
BUDGET WORKSHOP OF JULY 23, 2009...................................................................
3
7.
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION...............................................................................................................................3
1
September 8, 2009
7.A. RESIGNATION AND APPOINTMENT TO EMERGENCY SERVICES DISTRICT
ADVISORY COMMITTEE........................................................................................... 3
8.
CONSENT AGENDA........................................................................................................................3
8.A.
APPROVAL OF WARRANTS AND WIRES, AUGUST 7, 2009 THRU AUGUST 13,
2009....................................................................................................................... 4
8.13.
APPROVAL OF WARRANTS AND WIRES, AUGUST 14, 2009 THRU AUGUST 20,
2009....................................................................................................................... 4
8.C.
APPROVAL OF WARRANTS AND WIRES, AUGUST 21, 2009 THRU AUGUST 27,
2009....................................................................................................................... 4
8.D.
INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 06/30/09 ...................................... 5
8.E.
OPEB TRUST REPORT FOR THE PERIOD 10/1/08 THROUGH 06/30/09 .......................... 5
8.F.
APPOINTMENT TO THE ENTERPRISE ZONE DEVELOPMENT AGENCY ........................... 5
8.G.
APPOINTMENT TO THE ECONOMIC DEVELOPMENT COUNCIL ..................................... 6
8.H.
PARTIAL RELEASE OF ST. SEBASTIAN RIVER STATE BUFFER PRESERVE .................... 6
8.1.
LICENSE AGREEMENT WITH KENNETH CHESNUT FOR PROPERTY LOCATED AT
48204 1 ST STREET, VERO BEACH.............................................................................. 7
8.7.
MILLSTONE LANDING P.D. PHASE I SIDEWALK EXTENSION REQUEST,
DEVELOPER: SHELBY HOMES AT MILLSTONE, INC ................................................... 7
8.K.
SERVICE AGREEMENT FOR INDIAN RIVER COUNTY SHERIFF E911 PUBLIC
SAFETY ANSWERING POINT (PSAP), VERO BEACH E911 PUBLIC SAFETY
ANSWERING POINT (PSAP), SEBASTIAN E911 PUBLIC SAFETY ANSWERING
POINT (PSAP) AND EOC E911 PUBLIC SAFETY ANSWERING POINT (PSAP)
LOGGING RECORDER ON A SOLE SOURCE BASIS FROM REPLAY SYSTEMS INC........... 8
8.L.
APPROVAL OF RENEWAL FOR A CLASS "C" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR COASTAL HEALTH SERVICES OF BREVARD,
INC. TO PROVIDE INTER -FACILITY NEONATAL TRANSFER WHICH ORIGINATE IN
INDIAN RIVER COUNTY........................................................................................... 8
8.M.
43RD AVENUE, 8TH STREET TO 18TH STREET ROAD IMPROVEMENTS, RIGHT-OF-
WAY ACQUISITION 1160 43RD AVENUE, MICHAEL AND DIANA CIEMKO..................... 9
8.N.
SOUTH COUNTY REGIONAL PARK PAVILION............................................................ 9
8.0.
TEMPORARY RESTRICTION OF USING INTERNET BROADCAST BY DEMAND STAR
FOR OBTAINING RESPONSES TO CCNA (CONSULTANTS COMPETITIVE
2
September 8, 2009
NEGOTIATION ACT) REQUESTS FOR ARCHITECTURAL AND ENGINEERING
3
September 8, 2009
DESIGN SERVICES.................................................................................................
10
8.P.
MISCELLANEOUS BUDGET AMENDMENT 022 ..........................................................
11
8.Q.
AMENDMENT No. 4 TO THE CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT FOR INTERSECTION IMPROVEMENTS AT SR60 AND 43RD AVENUE
AND WIDENING OF 43RD AVENUE FROM 18TH STREET TO 26TH STREET ......................
11
8.R.
WORK ORDER NO. 1 - G. K. ENVIRONMENTAL, INC., OSLO ROAD BOAT RAMP,
IRC PROJECT No. 0381.........................................................................................
11
8.S.
WORK ORDER NO. 11 (ENGINEERING/SURVEYING) MASTELLER, MOLER, REED
AND TAYLOR, INC., CR512 PHASE IV ROADWAY IMPROVEMENTS FINAL RIGHT-
OF-WAY MAPPING PROJECT..................................................................................
12
8.T.
APPROVAL OF RENEWAL FOR A CLASS "E" AND CLASS "B" CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY FOR ALL COUNTY AMBULANCE INC. TO
PROVIDE WHEELCHAIR/ STRETCHER AND INTERFACILITY AMBULANCE
TRANSPORTATION SERVICES.................................................................................
13
8.U.
WORK ORDER NO. 3 (ENGINEERING/SURVEYING) MORGAN & EKLUND, INC.
FINAL PAY AND RELEASE OF RETAINAGE, OLD DIXIE HIGHWAY (NORTH) US 1
To 69TH STREET, LAP SIDEWALK IMPROVEMENTS PROJECT, RIGHT OF WAY
MAPPING (+/- 4 MILES).........................................................................................
13
8.V.
REQUEST TO APPROVE NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SURVEYOR SELECTION
COMMITTEE RANKING AND REQUEST FOR AUTHORIZATION TO EXECUTE
AGREEMENTS WITH ALL QUALIFIED SURVEYORS (REQUEST FOR
QUALIFICATIONS NO. 2009048).............................................................................
14
8.W.
CONSIDERATION OF REQUEST TO USE FORMER COUNTY ADMINISTRATION
BUILDING SITE AS NEW INDIAN RIVER COUNTY TRANSIT PASSENGER CENTER .......
14
8.X.
DONADIO AND ASSOCIATES CONTRACTING AGREEMENT FOR SPATIAL NEEDS
ASSESSMENT AND MASTER PLANNING FOR SHERIFF'S ADMINISTRATION
FACILITY..............................................................................................................
15
8.Y.
REQUEST FOR APPROVAL OF CONTRACT AWARDS FOR IRC BID NO. 2009047
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) HOUSING ACQUISITION SERVICES .....................................
15
3
September 8, 2009
8.Z. CONSIDERATION OF DRAFT ANNUAL SCHOOL CONCURRENCY ASSESSMENT
REPORT FOR 2008/2009 AND DRAFT SCHOOL DISTRICT 5 YEAR FACILITIES
PLANFOR 2010 — 2014.......................................................................................... 17
8.AA. CONSIDERATION OF INDIAN RIVER COUNTY 2009 SHIP PROGRAM AND HHR
PROGRAM ANNUAL REPORTS................................................................................ 18
8.13B. REQUEST TO ENTER INTO A PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR SERVICE TO THE INDIAN RIVER STATE COLLEGE MAIN CAMPUS
(FORT PIERCE)...................................................................................................... 18
8.CC. WORK ORDER NO. 16 (ENGINEERING/SURVEY) 43RD AVENUE, 8TH TO 18TH
STREET ROADWAY IMPROVEMENTS PROJECT, RIGHT-OF-WAY MAPPING IRC
PROJECT NO. 0858, CARTER ASSOCIATES, INC. FINAL PAY & RELEASE OF
4
September 8, 2009
RETAINAGE..........................................................................................................
19
8.DD.
STATE AID APPLICATION/AGREEMENT..................................................................
19
8.EE.
WORK ORDER NO. 3 (ENGINEERING/SURVEYING) MASTELLER, MOLER REED
AND TAYLOR, INC., VERO LAKES ESTATES - 108TH AVE. 106TH AVE AND 94TH
STREET, RIGHT OF WAY STAKING, TOPOGRAPHIC SURVEY, IRC PROJECT NO.
0811 - RELEASE OF RETAINAGE............................................................................
20
8.FF.
WORK ORDER NO. 7 WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 43RD AVENUE
FROM 25TH STREET SW TO OSLO ROAD (9TH STREET SW), INDIAN RIVER
COUNTY PROJECT NO. 0702 - RELEASE OF RETAINAGE ..........................................
20
8.GG.
CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
NEIGHBORHOOD REVITALIZATION MODIFICATION#2.............................................
20
8.1111.
CONSIDERATION OF EXTENDING PD ZONING REVERTERS .......................................
21
8.II.
REQUEST TO APPROVE THE HURRICANE WILMA COMMUNITY DEVELOPMENT
BLOCK GRANT DISASTER RECOVERY INITIATIVE THIRD APPLICANT LIST, TO
AUTHORIZE STAFF TO SOLICIT BIDS FOR HURRICANE WILMA HARDENING
WORK ACTIVITIES, AND TO APPROVE ADDITIONAL BID AWARDS FOR GROUP
ONE.....................................................................................................................
21
8.11.
APPROVAL OF BID AWARD FOR IRC BID NO. 2010001, ANNUAL BID FOR
REINFORCED CONCRETE PIPE, PUBLIC WORKS DEPARTMENT / ROAD AND
BRIDGE DIVISION..................................................................................................
22
8.KK.
BID AWARD: IRC #2010007 ANNUAL BID FOR PEST CONTROL SERVICES
FACILITIES MANAGEMENT....................................................................................
23
4
September 8, 2009
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE .........
10. PUBLIC ITEMS......................................................................................................................
.24
.24
10.A. PUBLIC HEARING.............................................................................................. 24
1 O.A.1. CONSIDERATION OF EMERGENCY ORDINANCE AMENDING THE COUNTY'S
SUBDIVISION REGULATIONS (CHAPTER 913) AND SITE PLAN REGULATIONS
(CHAPTER 914) TO CHANGE CERTAIN SIDEWALK REQUIREMENTS .......................... 24
10.13. PUBLIC DISCUSSION ITEMS............................................................................ 25
1 O.B.1 . REQUEST TO SPEAK FROM DEBBIE CROSS REGARDING FLOODING OF MY
PROPERTY DUE TO NO DRAINAGE EASEMENT........................................................ 25
10.C. PUBLIC NOTICE ITEMS-NONE........................................................................ 26
11. COUNTY ADMINISTRATOR'S MATTERS -NONE ......
.26
12. DEPARTMENTAL MATTERS......................................................................................................26
12.A.
COMMUNITY DEVELOPMENT-NONE.......................................................................
26
12.13.
EMERGENCY SERVICES-NONE...............................................................................
26
12.C.
GENERAL SERVICES-NONE....................................................................................
26
12.D.
HUMAN RESOURCES-NONE....................................................................................
26
12.E.
HUMAN SERVICES-NONE.......................................................................................
26
12.F.
LEISURE SERVICES-NONE......................................................................................
26
12.G.
OFFICE OF MANAGEMENT AND BUDGET -NONE .......................................................
26
12.H.
RECREATION.........................................................................................................27
12.H.1.
REQUEST FOR USE OF HISTORIC DODGERTOWN......................................................
27
12.I.
PUBLIC WORKS.....................................................................................................
28
12.I.1.
RIGHT-OF-WAY ACQUISITION, SCHACHT AND COMPANY, 4TH STREET, VERO
BEACH, FLORIDA.................................................................................................. 28
12.I.2. WORK ORDER #6, COASTAL TECHNOLOGY CORPORATION INC., SECTOR 3
ARCHEOLOGICAL SURVEY SERVICES..................................................................... 28
12.I.3. AWARD OF CONSTRUCTION CONTRACT - SECTOR 3 BEACH RESTORATION .............. 29
12.J. UTILITIES SERVICES.............................................................................................. 34
5
September 8, 2009
12.J.1.
APPROVAL OF FINAL PAY AND RELEASE OF RETAINAGE TO IRC CONTRACT
COMMISSIONER WESLEY S. DAVIS, CHAIRMAN......................................................
37
2008027 WITH INTERSTATE ENGINEERING CORPORATION FOR PUMP UPGRADES
CONSOLIDATION OF CITY OF VERO BEACH WATER AND SEWAGE WITH COUNTY.....
37
AND MCC REPLACEMENT AT THE SOUTH RO PLANT ..............................................
34
12.J.2.
129TH PLACE SUBDIVISION WATER ASSESSMENT PROJECT, UCP NO. 2953,
COMMISSIONER GARY C. WHEELER-NONE.............................................................
41
FINAL PAYMENT TO CONTRACTOR AND RELEASE OF RETAINAGE, W.I.P. NO.
COMMISIONER PETER D. O'BRYAN........................................................................
41
473-169000-09502 BID NUMBER 2009022.............................................................
34
12.J.3.
43RD AVENUE WIDENING AND DRAINAGE IMPROVEMENTS FOR PUBLIC WORKS
COMMISSIONER BOB SOLARI-NONE.......................................................................
42
ROADWAY PROJECT NO. 9601 AND 43RD AVENUE & 44TH AVENUE SOUTH OF
SR60 AND 16TH STREET WEST TO OLD SAVANNAH SUBDIVISION LOW PRESSURE
FORCE MAIN SYSTEM, RETAIN CARTER & ASSOCIATES FOR SURVEYING,
DESIGN, PERMITTING AND CONSTRUCTION PHASE SERVICES ..................................
35
12.J.4.
CONTINUING CONSULTING SERVICES FOR WORK ORDER NO. 6 FOR FINAL PAY
TO SCHULKE, BITTLE & STODDARD FOR ENGINEERING DESIGN, SURVEYING
AND CONSTRUCTION ADMINISTRATION SERVICES FOR PUMP STATION NO. 2058
ON 37TH STREET BY HEALTHSOUTH - UCP #3026 ...................................................
36
13. COUNTY ATTORNEY MATTERS...............................................................................................36
13.A. ACQUISITION OF RIGHT-OF-WAY ALONG CR 510 ELVESTER B. MOWATT ............... 36
14. COMMISSIONER ITEMS...............................................................................................................37
14.A.
COMMISSIONER WESLEY S. DAVIS, CHAIRMAN......................................................
37
14.A.1 .
CONSOLIDATION OF CITY OF VERO BEACH WATER AND SEWAGE WITH COUNTY.....
37
14.13.
COMMISSIONER JOSEPH E. FLESCHER-NONE.........................................................
41
14.C.
COMMISSIONER GARY C. WHEELER-NONE.............................................................
41
14.D.
COMMISIONER PETER D. O'BRYAN........................................................................
41
14.D.1 .
CDS MANUFACTURING PROJECT..........................................................................
41
14.E.
COMMISSIONER BOB SOLARI-NONE.......................................................................
42
15. SPECIAL DISTRICTS AND BOARDS ................................ .........................42
15.A. EMERGENCY SERVICES DISTRICT-NONE................................................................ 42
15.13. SOLID WASTE DISPOSAL DISTRICT-NONE.............................................................. 42
15.C. ENVIRONMENTAL CONTROL BOARD-NONE............................................................ 42
September 8, 2009
16. ADJOURNMENT.............................................................................................................................43
September 8, 2009
JEFFREY K. BARTON
Clerk to the Board
September 8, 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, 180127 th Street, Vero Beach, Florida, on
Tuesday, September 8, 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, Deputy County Attorney William DeBraal, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff's Office, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
1
September 8, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
There were none.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Solari, the Board unanimously approved
the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF THE OCEAN CONSERVANCY'S INTERNATIONAL
COASTAL CLEANUP ININDIANRIVER COUNTY BYKRISTINASTURDIVANT,
EXECUTIVE DIRECTOR, KEEP INDIAN RIVER BEAUTIFUL
Kristina Sturdivant, Executive Director of Keep Indian River Beautiful, presented
information on the International Coast Cleanup, hosted by KIRB and being held at Round Island,
Sebastian Inlet, and South, Jaycee, and Wabasso Beaches on Saturday, September 19, 2009,
from 8:00 to 11:00 a.m. She thanked all of the event's sponsors, and invited interested citizens
to obtain more information at KIRB's website at www.kirb.org.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JuLY21, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of July 21, 2009. There were none.
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously approved the
2
September 8, 2009
Minutes of the Regular Meeting of July 21, 2009, as
written.
6.B. BUDGET WORKSHOP OF.IULY23, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Budget Workshop of July 23, 2009. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Minutes of the Budget Workshop of July 23,
2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. RESIGNATIONAND APPOINTMENT TO EMERGENCYSERVICES DISTRICT
ADVISORY COMMITTEE
Noted for the record was: (1) the resignation on May 22, 2009 of Mr. A. Craig Fletcher,
as the District 2 Appointee to the Emergency Services District Advisory Committee; and (2) the
appointment of Mr. Sal Neglia to fill his position, with his term to expire in 2010.
8. CONSENT AGENDA
Commissioner Solari pulled for discussion Items 8.0. and 8.Y.
Commissioner O'Bryan pulled for discussion Items 8.J., 8.R., and 8.II.
3
September 8, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTSAND WIRES, AUGUST 7, 2009 THRUAUGUST 13,
2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of August 7, 2009
to August 13, 2009, as requested in the memorandum of
August 13, 2009.
8.B. APPROVAL OF WARRANTS AND WIRES, AUGUST 14, 2009 THRUAUGUST
20, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of August 14, 2009
to August 20, 2009, as requested in the memorandum of
August 20, 2009.
8.C. APPROVAL OF WARRANTS AND WIRES, AUGUST 21, 2009 THRUAUGUST
27,20 0
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
11
September 8, 2009
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of August 21, 2009
to August 27, 2009, as requested in the memorandum of
August 27, 2009.
8.D. INDIAN RIVER COUNTYINVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 06130/09
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Indian River County Investment Advisory
Committee Quarterly Investment Report for April 1, 2009
through June 30, 2009, as recommended in the
memorandum of August 13, 2009.
8.E. OPEB TRUST REPORT FOR THE PERIOD I0/1/08 THROUGH 06/30/09
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the quarterly OPEB (Other Post -Employ
Benefits) Trust Report for the period October 1, 2008
through June 30, 2009, as recommended in the
memorandum of August 13, 2009.
8F. APPOINTMENT TO THE ENTERPRISE ZONE DEVELOPMENT AGENCY
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the appointment of Ms. Felicia Stuart as the
9
September 8, 2009
Business in Enterprise Zone Appointee on the Enterprise
Zone Development Agency, with her term to expire in
2013, as recommended in the memorandum of August 25,
2009.
8.G. APPOINTMENT TO THE ECONOMIC DEVELOPMENT COUNCIL
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the appointment of Mr. Derek Zimmerman as
the Manufacturing Appointee to the Economic
Development Council. Mr. Zimmerman will replace
Kevin Gould and will serve the remainder of his term, as
recommended and stated in the memorandum of
September 1, 2009.
8.H. PARTIAL RELEASE OF ST. SEBASTIANRIVER STATE BUFFER PRESERVE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized the Chairman to execute the Partial Release of
Sublease #4118-01 for the St. Sebastian River Buffer
Preserve, as recommended in the memorandum of August
28, 2009.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 8, 2009
8.I. LICENSE AGREEMENT WITHKENNETH CHESNUT FOR PROPERTY
LOCATED AT 4820 41ST STREET, VERO BEACH
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the License Agreement with Kenneth Chesnut,
as recommended in the memorandum of August 24, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. MILLSTONE LANDING P.D. PHASE I SSIDEWALKEXTENSIONREQUEST,
DEVELOPER: SHELBYHOMES AT MILLSTONE, INC.
Commissioner O'Bryan recapped the background history of this item, divulging that Mr.
Robert Shelley, President of Shelby Homes at Millstone, Inc., has not fulfilled his promise to
construct the clubhouse at Millstone Landing P.D., nor has he provided copies of the promised
financial statements to Board members and homeowners. Additionally, Mr. Shelley has failed to
respond to Commissioner O'Bryan's letter of March 27, 2009.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler to DENY Shelby
Homes at Millstone, Inc.'s request for a sidewalk
extension.
Chairman Davis requested comments from staff and/or Shelby Homes at Millstone, Inc.,
and none were forthcoming.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
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September 8, 2009
8.K. SERVICE AGREEMENT FOR INDIANRIVER COUNTYSHERIFF E911
PUBLIC SAFETYANSWERING POINT (PSAP), VERO BEACH E911 PUBLIC
SAFETYANSWERING POINT (PSAP), SEBASTIAN E911 PUBLIC SAFETY
ANSWERING POINT (PSAP) AND EOC E911 PUBLIC SAFETYANSWERING
POINT (PSAP) LOGGING RECORDER ONA SOLE SOURCE BASIS FROM
REPLAY SYSTEMS INC.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Service Maintenance Agreements with
Replay Systems, Inc., at a cost of $19,285.00, as
recommended in the memorandum of August 25, 2009.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. APPROVAL OFRENEWAL FOR A CLASS "C" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR COASTAL HEALTH SER VICES OF
BRE VARD, INC. TO PROVIDE INTER -FA CILITYNEONATAL TRANSFER
WHICH ORIGINATE IN INDIAN RIVER COUNTY
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved renewal of the Class "C" Certificate of Public
Convenience and Necessity for Coastal Health Services of
Brevard, Inc., to be effective for a period of two (2) years
from October 16, 2009 to October 16, 2011, as
recommended in the memorandum of August 27, 2009.
E
September 8, 2009
8.M. 43RD AVENUE, 8TH STREET TO 18TH STREET ROAD IMPROVEMENTS, RIGHT-
OF-WAYACQUISITION 1160 43RD AVENUE, MICHAEL AND DIANA CIEMKO
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Alternative 1, the Agreement to Purchase and
Sell Real Estate with Michael Ciemko and Diana Ciemko,
for the amount of $4,800, and authorized the Chairman to
execute same, as recommended in the memorandum of
August 19, 2009.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. SOUTH COUNTY REGIONAL PARK PAVILION
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized the County Administrator or his designee to
initiate purchase of (1) the pavilion to "RCP Shelters" in
the amount of $19,609.50; and (2) the shelter installation
to "Summit Construction" in the amount of $12,700, as
recommended in the memorandum of August 31, 2009.
I
September 8, 2009
8.0. TEMPORARYRESTRICTION OF USING INTERNET BROADCAST BYDEMAND
STAR FOR OBTAINING RESPONSES TO CCNA (CONSULTANTS
COMPETITIVE NEGOTIATIONACT) REQUESTS FOR ARCHITECTURAL AND
ENGINEERING DESIGN SER VICES
Commissioner Solari noted that subsequent to obtaining the original information on this
item, the Commissioners had received additional backup advising that if we go out for Request
for Qualifications (RFQ) not by Demand Star, that a requirement be included to obtain at least
eight (8) formal responses.
MOTION WAS MADE BY Commissioner Solari,
SECONDED by Vice Chairman Flescher, to approve
staff's recommendation, with the stipulation to require at
least eight (8) formal responses to a Request for
Qualifications.
A brief discussion ensued regarding the large volume of companies who are responding
to the County's RFQ's for design services.
Tom Frame, General Services Director, corroborated that significant responses were
being submitted statewide; he did not think there would be any problem with getting the required
RFQ's.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved, based
on the current level of responses and given the dire level
of the construction industry, to temporarily forego
broadcasting Requests for Qualifications for professional
design services for a period of six (6) months, effective
10
September 8, 2009
retroactive from August 15, 2009 until February 15, 2010,
with the stipulation to require at least eight (8) formal
responses, as recommended in the memorandums of
August 30, 2009 and September 3, 2009.
8.P. MISCELLANEOUSBUDGETAmENDMENT 022
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-130, amending the fiscal year
2008-2009 budget.
8.0. AMENDMENT NO. 4 TO THE CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT FOR INTERSECTIONIMPROVEMENTS AT SR60 AND 43"
AVENUE AND WIDENING OF 43RD AVENUE FROM 18TH STREET TO 26TH
STREET
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Amendment No. 4 with Arcadis G&M, Inc., as
recommended in the memorandum of August 21, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. WORK ORDER NO. I — G K ENVIRONMENTAL, INC., OSLO ROAD BOAT
RAMP, IRC PROJECT No. 0381
Commissioner O'Bryan explained that this Work Order was for G.K. Environmental, Inc.
to do some of the survey and preliminary permit work needed to move forward with the Oslo
11
September 8, 2009
Road Boat Ramp Project. He provided an update on the Project and asked if anyone wished to
speak on this matter. Seeing no one, the following action was taken:
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 1
(Engineering) with G.K. Environmental, Inc., authorizing
the services as outlined in the Scope of Services, for the
Oslo Road Boat Ramp, Project No. 0381, as recommended
in the memorandum of August 31, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. WORK ORDER NO.]] (ENGINEERING/SURVEYING) MASTELLER, MOLER,
REED AND TAYLOR, INC., CR5I2 PHASE IV ROADWAYIMPROVEMENTS
FINAL RIGHT-OF-WAYMAPPING PROJECT
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved and authorized the Chairman to execute Work
Order No. 11 (Engineering/Surveying) with Masteller,
Moler, Reed & Taylor, Inc., authorizing the project as
outlined in the Scope of Services, as recommended in the
memorandum of August 19, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12
September 8, 2009
8.T. APPROVAL OFRENEWAL FOR A CLASS "E"AND CLASS "B" CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY FOR ALL COUNTY
AMBULANCE INC. TO PROVIDE WHEELCHAIRISTRETCHER AND
INTERFACILITYAMBULANCE TRANSPORTATIONSERVICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved renewal of the Class "E" and Class `B"
Certificates of Public Convenience and Necessity for All
County Ambulance, Inc., to be effective for a period of
two (2) years from October 2, 2009 to October 2, 2011, as
recommended in the memorandum of August 21, 2009.
8-U. WORK ORDER NO.3 (ENGINEERING/SURVEYING) MORGAN & EKLUND,
INC. FINAL PAYAND RELEASE OFRETAINAGE, OLD DIXIE HIGHWAY
(NORTH) US I TO 69TH STREET, LAP SIDEWALK IMPROVEMENTS
PROJECT, RIGHT OF WAYMAPPING (+/- 4 MILES)
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of Morgan & Eklund, Inc., Invoice No.
1-09-1069, dated 08/18/09 in the amount of $6,611.07 for
final payment and release of retainage for Work Order No.
3, as recommended in the memorandum of August 18,
2009.
13
September 8, 2009
8.V. REOUEST TO APPROVE NEIGHBORHOOD STABILIZATIONPROGRAM (NSP
COMMUNITYDEVELOPMENT BLOCK GRANT (CDBG) SURVEYOR
SELECTION COMMITTEE RANKING AND REQUEST FOR AUTHORIZATION
TO ExECUTEAGREEHENTS WITH ALL QUALIFIED SURVEYORS (REQUEST
FOR QUALIFICATIONS NO. 2009048)
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously: (1)
approved the Selection Committee ranking; (2) authorized
the Chairman to sign agreements with each of the seven
(7) ranked surveyors after approval of the agreements by
appropriate County staff and the County Attorney's office;
and (3) authorized the Community Development Director
or his designee to negotiate survey prices for each separate
housing unit and authorized the Community Development
director to prepare and execute work orders for each
surveying service, as recommended in the memorandum
of August 24, 2009.
8.W. CONSIDERATION OF REQUEST TO USE FORMER COUNTY
ADMINISTRATIONBUILDINGSITE AsNEWINDIANRIVER COUNTY
TRANSIT PASSENGER CENTER
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously: (1)
approved the use of the former County Administration
Building site as a new transit passenger center; (2)
authorized staff to request that the City of Vero Beach
approve use of the site for that use; and (3) authorized
14
September 8, 2009
staff to explore improvements necessary to make the site
functional, as recommended in the memorandum of
August 25, 2009.
8.X. DONADIO AND ASSOCIATES CONTRACTING AGREEMENT FOR SPATIAL
NEEDS ASSESSMENT AND MASTER PLANNING FOR SHERIFF'S
ADMINISTRATION FACILITY
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the proposed Agreement with Donadio &
Associates, Architects, P.A., as recommended in the
memorandum of August 30, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Y. REQUEST FOR APPROVAL OF CONTRACT AWARDS FOR IRC BID NO.
2009047NEIGHBORHOOD STABILIZATIONPROGRAM (NSP) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) HOUSING ACQUISITION
SERVICES
Commissioner Solari sought and received information from Community Development
Director Bob Keating regarding why multiple surveyors, but only one appraiser, Adam Preuss
Appraisal Services, Inc., had been included for housing acquisition services; and regarding
whether time parameters for completing a particular job had been provided to the appraiser.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously: (1)
approved that contracts be awarded to the lowest, most
15
September 8, 2009
responsive and responsible bidder for each housing
acquisition service as follows:
Housing
Bidder
Acquisition Service
Appraisal and
Adam Preuss Appraisal Services, Inc.
Valuation Services
Title and
Atlantic Coast Title
Closing Services
Phase I
Nova Engineering and Environmental
Environmental Site
Assessment Services
Mold
Nova Engineering and Environmental
Inspection Services
Radon Gas
Nova Engineering and Environmental
Inspection Services
Lead
Nova Engineering and Environmental
Inspection Services
Termite
Hulett Environmental Services
Inspection Services
(2) approved the sample Professional Services
Agreement; (3) authorized the Community Development
Director to execute said agreement with each of the above -
listed bidders after the required appropriate Certificates of
Insurance have been received and once appropriate staff
and the County Attorney have approved the agreement as
to form and legal sufficiency; and (4) authorized the
Community Development Director to sign all work orders
under each agreement, all as recommended in the
memorandum of August 25, 2009.
Louise Hubbard, Executive Director, Treasure Coast Homeless Services Council, feared
that having only one appraiser might delay the housing acquisition process, which has tight time
frames. She requested that the Board re -open the bidding to allow for more than one appraiser.
16
September 8, 2009
Commissioner Solari wanted to know if the County could drop down to the No. 2
appraiser, in the event that Adam Preuss Appraisal Services, Inc. could not meet the deadline.
Director Keating affirmed that if the Board so wished, staff could enter into contract with
the second appraiser, Boyle and Drake, in case Adam Preuss Appraisal Services, Inc. cannot do
the work in the allotted time frame.
Chairman Davis agreed, and ascertained from staff that there were no shortcomings in
giving staff the authorization to award the bid to the second lowest bidder in every one of the
housing acquisition services, in the event the first low bidder cannot complete the work in the
stipulated time frame.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, that in the event
the lowest, most responsive and responsible bidder is
unable to meet the designated time frame, the Bid Award
will be granted to the second lowest bidder on each
Housing Acquisition Service that is put out to bid.
Chairman Davis recapped the Motion.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
8.Z. CONSIDERATION OF DRAFT ANNUAL SCHOOL CONCURRENCY
ASSESSMENT REPORT FOR 2008/2009 AND DRAFT SCHOOL DISTRICT S
YEAR FACILITIES PLAN FOR 2010 - 2014
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
17
September 8, 2009
approved the draft Annual School Concurrency
Assessment Report for 2008/2009 and accepted the draft
5 -Year School Facilities Plan for 2010-2014 as presented,
and as recommended in the memorandum of August 27,
2009.
8.AA. CONSIDERATION OF INDIAN RIVER COUNTY 2009 SHIP PROGRAM AND
HHR PROGRAMANNUAL REPORTS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the SHIP Annual Reports and the HHR Annual
Report, and authorized the Chairman to execute the
Reports' Certification pages, as recommended in the
memorandum of August 21, 2009.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.BB. REQUEST TO ENTER INTO A PUBLIC TRANSPORTATION.IOINT
PAR TICIPATIONAGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FD 0T) FOR SERVICE TO THE INDIAN RIVER STATE
COLLEGE MAIN CAMPUS (FORT PIERCE)
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-131, authorizing the execution
of a Public Transportation Joint Participation Agreement
with the Florida Department of Transportation (FDOT).
In
September 8, 2009
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CC. WORK ORDER NO. 16 (ENGINEERING/SURVEY) 43RDAVENUE, 8TH TO 18"
STREET ROAD WAYIMPROVEMENTSPROJECT, RIGHT-OF-WAYMAPPING
IRC PROJECT NO. 0858, CARTER ASSOCIATES, ING FINAL PAY &
RELEASE OFRETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of Carter Associates, Inc. Invoice No.
08481-2, dated August 19, 2009 in the amount of
$5,960.63 for release of retainage and final payment of
Work Order No. 16, as recommended in the
memorandum of August 24, 2009.
8. DD. STATE AID APPLICATION/AGREEMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized the Chairman to execute the State Aid to
Libraries Grant Agreement, and return to the Library
Services Director to be forwarded to the appropriate State
Library staff, as recommended in the memorandum of
August 13, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
19
September 8, 2009
8.EE. WORK ORDER NO.3 (ENGINEERING/SURVEYING) MASTELLER, MOLER
REED AND TAYLOR, INC., VERO LAKES ESTATES—108THAVE. 106THAVE
AND 94TH STREET, RIGHT OF WAYSTAKING, TOPOGRAPHICSURVEY, IRC
PROJECT NO. 0811— RELEASE OF RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of the Masteller, Moler, Reed &
Taylor, Inc. Invoice No. 2520-8335, dated August 12,
2009 for release of retainage, as recommended in the
memorandum of August 14, 2009.
8.FF. WORK ORDER NO. % WITHBRIDGE DESIGNASSOCIATES, INC. FOR 43RD
A VENUE FROM 25TH STREET SW TO OSLO ROAD (9TH STREET SW), INDIAN
RIVER COUNTY PROJECT NO. 0702 —RELEASE OF RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of Bridge Design Associates, Inc.
Invoice No. 08-505-/rl, dated August 3, 2009 in the
amount of $1,091.20 for release of retainage, as
recommended in the memorandum of August 11, 2009.
8. GG. CONSIDERATION OF COMMUNITYDEVELOPMENT BLOCK GRANT
NEIGHBORHOOD REVITALIZATIONMODIFICATION #2
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
20
September 8, 2009
approved proposed Modification Number 2 to the
Neighborhood Revitalization Community Development
Block Grant, and authorized the Chairman to execute
appropriate related documents for transmittal to the
Department of Community Affairs (DCA), as
recommended in the memorandum of August 26, 2009.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.HH. CONSIDERATION OF EXTENDING PD ZONING REVERTERS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
directed staff: (1) to prepare an ordinance to extend the
PD zoning reverter dates for Liberty Park, Mandala Club,
Turtle Creek, and Sunnyside Up; and (2) to schedule a
hearing for adoption of the extension ordinance, as
recommended in the memorandum of August 27, 2009.
8.I1 REQUEST TO APPROVE THE HURRICANE WILHA COMMUNITY
DEVELOPMENT BLOCK GRANT DISASTER RECOVERYINITIATIVE THIRD
APPLICANT LIST, TO A UTHORmE STAFF TO SOLICIT BIDS FOR
HURRICANE WILHA HARDENING WORKACTIVITIES, AND TO APPROVE
ADDITIONAL BID AWARDS FOR GROUP ONE
Commissioner O'Bryan reminded Board members of the requirement for them to divulge
whether there were any conflicts of interest pertaining to this item. Each Commissioner,
including Commissioner O'Bryan, then declared that he had no conflicts of interest.
21
September 8, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
approved: (1) the Hurricane Wilma CDBG-DRI Group 3
applicant list; (2) authorized staff to begin the bid process
to secure services from licensed contractors for needed
rehabilitation work; and (3) approved the additional
funding for three of the Group 1 applicants as follows:
Sevon Baker, 416 16th Street SW, $1,994.85; Earnest
Justus, 816 19th Place SW, $2,078.76; and Sylvia Person,
5855 59' Court, $151.75; all as recommended in the
memorandum of August 10, 2009.
8.JJ. APPROVAL OFBIDAWARD FOR IRCBID NO.201 0001, ANNUAL BID FOR
REINFORCED CONCRETE PIPE, PUBLIC WORKS DEPARTMENT /ROAD AND
BRIDGE DIVISION
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved: (1) awarding this bid as a duel award to Hydro
Conduit Corp. d/b/a/ Rinker Materials Concrete Pipe
Division and Ferguson Waterworks 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 material.
At the time of order, when exact items and quantity are
known, the lowest cost and availability will be used to
determine vendor; (2) authorized the Purchasing Division
to issue blanket purchase orders for the period of October
22
September 8, 2009
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 Indian River County;
all as recommended in the memorandum of August 28,
2009.
8.KK. BID AWARD: IRC #2010007ANNUAL BID FOR PEST CONTROL SERVICES
FACILITIES MANAGEMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved awarding this bid as a dual award as follows: (1)
awarding this bid award to Van Wal Services, Inc., as the
lowest and most responsive bidder meeting the
specifications asset forth in the Invitation to Bid. Van Wal
Services, Inc. is also the current provider, having provided
the service for the last three years and is very responsive
to the County's needs; (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 Indian River County,
all as recommended in the memorandum of August 31,
2009.
23
September 8, 2009
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
IO.A. PUBLICHEARING
IO.A.1. CONSIDERATION OF EMERGENCY ORDINANCE AMENDING THE COUNTY'S
SUBDIVISION REGULATIONS (CHAPTER 913) AND SITE PLAN
REGULATIONS (CHAPTER 914) TO CHANGE CERTAINSIDEWALK
REQUIREMENTS
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Stan Boling, Planning Director, presented background and analysis on staff's
recommendation for the Board to adopt an Emergency Ordinance amending portions of Chapters
913 and 914, which pertain to sidewalk requirements. He provided details on the new
requirements, which provide for adequate sidewalks while reducing upfront costs and efforts by
the developers. Once adopted, the Ordinance would apply to new applications going forward and
could be applied retroactively as determined on a case-by-case basis. Director Boling noted that
adoption of the Ordinance would require a four-fifths vote.
The Chairman opened the Public Hearing.
Chuck Mechling, 1999 Pointe West Drive, thanked the Commissioners for their
consideration, particularly Commissioner O'Bryan, who has been a leader in looking at issues
relative to the survival of local businesses. He also commended Directors Bob Keating and Stan
Boling for their outstanding work in this situation.
24
September 8, 2009
There were no other speakers, and the Chairman closed the Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
adopted Ordinance 2009-013, an Emergency Ordinance
concerning an amendment to its Land Development
Regulations (LDRs) regarding sidewalk requirements for
developers and builders/lot owners; providing for
amendments to Chapter 913, subdivisions and plats; and
Chapter 914, site plan review and approval procedures; by
amending design standards and requirements Section
913.09, and by amending review standards and
requirements Section 914.15; by providing for repeal of
conflicting provisions; codification; severability; and
effective date.
10.B. PUBLICDISCUSSIONITEMS
10.B.1. REQUEST TO SPEAK FROM DEBBIE CROSS REGARDING FLOODING OF
MYPROPERTYDUE TO NO DRAINAGE EASEMENT
Debbie Cross, 8350 130th Avenue, Fellsmere, conveyed the difficulties she was
experiencing on her property due to the lack of adequate drainage.
Assistant Public Works Director Chris Mora showed an aerial of Ms. Cross's property,
and acknowledged that it was located in a flood prone, low-lying area.
25
September 8, 2009
Staff and Ms. Cross continued to discuss this matter, and pursuant to Chairman Davis's
directive, Director Mora said that Public Works would attempt to ameliorate Ms. Cross's
problem.
Chairman Davis added that the Water Management Districts should be advised that Ms.
Cross's property is not to be considered natural wetlands.
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR'S MATTERS -NONE
12. DEPARTMENTAL MATTERS
I2.A. COMMUNITYDEVELOPMENT-NONE
I2.B. EMERGENCYSERVICES-NONE
12. C GENERAL SER VICES -NONE
12.D. HUMANRESOURCES NONE
12.E. HUMANSERVICES--NONE
I2.F. LEISURE SERVICES -NONE
12.G. OFFICE OF MANAGEMENT AND B UDGET-NONE
26
September 8, 2009
1 ZH. RECREATION
12.H.1. REQUEST FOR USE OF HISTORIC DODGERTOWN
Recreation Director Cliff Crawford introduced Julianne Price and Deputy Teddy Floyd,
President and Board Member of Every Dream Has A Price, Inc., respectively. He thereafter
presented the organization's request to use Holman Stadium to conduct a fundraising event, a
celebrity softball game, and to waive the security deposit. Director Crawford informed
Commissioners that the organization provides homes for those in need, and their financial goal is
$50,000.
Julianne R. Price added that there would be minimal impact to the field.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Wheeler, to approve the
use of Holman Stadium at Historic Dodgertown on
November 14, 2009, by Every Dream Has A Price, Inc., as
requested in the memorandum of August 31, 2009.
Responding to Commissioner Wheeler's request, Administrator Baird stated that he
would explore the possibility of the County obtaining an annual insurance policy on liability.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
27
September 8, 2009
12.L PUBLIC WORKS
12.L1. RIGHT-OF-WAYACOUISITION, SCHACHTAND COMPANY, 4THSTREET,
VERO BEACH, FLORIDA
Assistant Public Works Director Chris Mora updated the Board on this request to
purchase a 2.8 acre parcel of land for a stormwater retention pond for the 66th Avenue Road
Improvements Project. He asked the Board to approve staff's recommendation to approve the
purchase.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Alternative 1, the $125,627.00 purchase, and
authorized the Chairman to execute the Agreement to
Purchase and Sell Real Estate with Schacht & Company,
Inc., as recommended in the memorandum of August 26,
2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.L2. WORK ORDER #6, COASTAL TECHNOLOGY CORPORATIONINC., SECTOR 3
ARCHEOLOGICAL SURVEYSERVICES
Coastal Resource Manager Jonathan C. Gorham updated the Board on this request for a
cultural resources survey to be done, as part of the Joint Coastal permitting process for the Sector
3 Beach Restoration Project. He asked the Board to approve staff's recommendation
to conduct the archaeological investigation and provide a report to the State Historic Preservation
Officer (SHPO) at the Florida Division of Historical Resources in Tallahassee.
September 8, 2009
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to approve
Work Order No. 6 Sector 3 Cultural Resources Survey,
with Coastal Technology Corporation.
Dr. Gorham responded in the negative to Commissioner O'Bryan's query on whether the
report would delay work on the Sector 3 Project.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved Work
Order No. 6 Sector 3 Cultural Resources Survey, with
Coastal Technology Corporation, as recommended in the
memorandum of August 27, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.3. AWARD OF CONSTRUCTION CONTRACT- SECTOR 3 BEACHRESTORATION
Deputy County Attorney William DeBraal disclosed Chairman Davis's relationship to
Brian Davis Mines, an upland sand source provider involved in the bidding process. Chairman
Davis confirmed the Conflict of Interest, and established that he would not vote, and he would
provide to the Clerk's office the required Form 8B, Memorandum of Voting Conflict for County,
Municipal, and Other Local Public Officers.
There was a CONSENSUS by the Board that Chairman
Davis would continue to Chair the meeting; however, he
would not engage in the discussion or vote.
(Clerk's Note: 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).
29
September 8, 2009
Coastal Resource Manager Jonathan C. Gorham, Ph.D., used a PowerPoint presentation
(copy on file) to present description, conditions, and analysis on bids received for the Sector 3
Beach Restoration Project contract. Dr. Gorham explained that two bids had been provided, a
Base Bid (for construction commencing November 2009) and an Alternative Bid (for
construction commencing November 2010), and that the window for Beach Project construction
was from November 1 St through May 1St of each year, after turtle nesting season. Dr. Gorham
reported that the low bidders among the upland sand source contractors were Stormwater and
Underground, LLC, under the Base Bid, and Ranger Construction Industries, Inc. under the
Alternate Bid. The low bidder among the offshore sand source contractors on both the Base and
Alternate Bids was Great Lakes Dredge and Dock Company, LLC.
Michael Walther, President of Coastal Technology and Engineer of Record for the
Sector 3 Beach Restoration Project, explained how the bids were adjusted and weighted by the
"overfill factor" for each sand source, to allow for fair comparison. He displayed slides
comparing the sand obtained from a native beach, an offshore sand source, and Stormwater and
Underground, LLC (an upland sand source contractor), and outlined the Annual Costs for each
type of sand, as pertains to the varying beach renourishment intervals. Mr. Walther thereafter
responded to questions from Commissioners regarding erosion and grain sizes.
Commissioner Solari's inquiries on "reported mean grain size" and "mean grain size"
sparked a lengthy discussion among Mr. Walther, Commissioners, and staff regarding whether
all bidders could produce the necessary quantity and quality of materials to complete the Sector 3
Project, and whether conventional methodology was used to compare the bids.
Dr. Gorham affirmed that good quality sand would come from both sources. However,
he felt that the additional steps required to get permitting for an upland sand source provider
would impact the construction schedule. Dr. Gorham anticipated getting the final permits for the
offshore sand source between November 23, 2009 and February 8, 2010, which would be
sufficient for the project's completion prior to May 1, 2010. For the upland sand source, he
ME
September 8, 2009
anticipated getting final permits sometime between Jan 15, 2010 and April 22, 2010. Dr.
Gorham divulged that between the Sebastian Inlet District's contribution of $4.68 million
towards the local share of Sector 3 construction costs, and the probability of the County securing
(within 3 years) a 50% cost-sharing Grant from the Florida Department of Environmental
Protection (FDEP), it is possible that the beach project could be built at no net cost to the
County.
Vice Chairman Flescher said that due to conversations and a letter of support received
from State Representative Ralph Poppell (copy on file), he felt the permitting for the upland sand
sources would be on an accelerated course.
The Chairman called a break at 10:44 a.m. and reconvened the meeting at 10:55 a.m.,
with all members present.
Dr. Gorham presented staff's recommendation as follows: (1) if completion of the
project by May 2010 is the overriding factor, the Bid Award to Great Lakes Dock and Dredge
Company under their base bid; (2) if stimulus to the local economy is the overriding factor, the
Bid Award to Storrawater and Underground, LLC under their alternative bid. He noted that the
Board may also want to consider the option of the award to Stormwater and Underground, LLC
under their base bid, wherein construction can begin this year, and be completed the following
year, if necessary.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to use Ranger
Construction Industries, Inc., and the upland sand sources.
Alluding to the support being offered by the State Representatives and the County's
lobbyist, Commissioner Wheeler affirmed that the permitting for the upland sand sources would
be obtained this year.
31
September 8, 2009
Vice Chairman Flescher also spoke of the assistance being offered by the State
Representatives, and further noted the importance of providing jobs for the local citizenry.
Commissioner O'Bryan believed that selecting the local sand source was the best thing to
do for the County; shared his concerns on using the Davis Mine, and explained why he supported
the contractor, Ranger Construction Industries, Inc. He acknowledged Charles Cramer of
Fischer Mines for his hard work on this issue, and agreed with his fellow Commissioners that the
State Representatives would facilitate the permitting of the upland sand source.
Chairman Davis opened the floor to Public Comment.
Renee Renzi, Waverly Place, was opposed to the Beach Restoration Project at this time,
but if that was the direction the Board was going to take, she supported the use of the local
contractor.
Over sixty residents from Indian River County, St. Lucie County, and Okeechobee
Counties expressed the dire need for jobs in the area, and voiced their appreciation for the Board
keeping jobs in the area by selecting a local contractor for the Sector 3 Beach Restoration
Project.
Wendy Reeves, 2395 43`d Avenue, owner of a dump truck, expressed concerns about Ft.
Pierce -based Ranger Construction Industries, Inc., selecting workers from St. Lucie, rather than
Indian River, County.
Bill Glynn, 1802 East Barefoot Place, Chairman of Beach and Shores Advisory
Committee, President of North Beach Civic Association and the Barrier Island Coalition,
congratulated staff and Mr. Walther, and thanked each Commissioner for making this decision.
William Troxell, 916 Orchid Point Way, Orchid Town Commissioner, asked the
Commissioners to rescind a letter he had sent to them regarding the selection of an offshore sand
32
September 8, 2009
source contractor, as he now supported the selection of an upland sand source contractor for the
project.
Joseph Paladin affirmed his support for selecting a local contractor, and believed that
the permitting process would proceed faster than usual with everyone, including the State
Representatives, behind the process.
Harvey Wheeler, Sebastian, co-owner of ENS Control Solutions, spoke to affirm the
compliance of the Brian Davis Mine, with permitting, including with the St. John's River Water
Management District.
Brad Fawcett, Engineer with the State of Florida, and Charles Roland endorsed the
ability of the Brian Davis Mine to produce enough material for the Sector 3 Project.
Dan Dansby, owner of Stormwater & Underground, LLC, and his associate Bill Kelly,
expressed their company's position that they can do the job, have the best price and the best
sand, and urged the Commissioners to reconsider their recommendation.
Bob Schafer, Ruby Avenue, and Vice President of Ranger Construction Industries, Inc.,
presented his company's qualifications, and told Commissioners that he believed Ranger
Construction was the most qualified contractor, with the most reliable sources of materials. He
made a commitment that if the entire project cannot be completed by the May I" cutoff, work
would resume on November 1St
Brian Davis, Indian River County, felt that Brian Davis Mines had been the lowest most
qualified bid, and believed that the Commission should select whatever was the best value for the
taxpayer.
33
September 8, 2009
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Chairman Davis recused himself), the Motion
carried. The Board approved awarding the Bid for the
Sector 3 Beach and Restoration Project to Ranger
Construction Industries, Inc.
Chairman Davis called a break at 12:01 p.m. and reconvened the meeting at 12:10 p.m.,
with all members present.
12.J. UTILITIES SERVICES
12.1.1. APPROVAL OF FINAL PAYAND RELEASE OFRETAINAGE TO IRC
CONTRACT 2008027 WITHINTERSTATEENGINEERING CORPORATION FOR
PUMP UPGRADES AND MCC REPLACEMENT AT THE SOUTH RO PLANT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Pay Request No. 7 — Final to IEC (Interstate
Engineering Corporation) in the amount of $50,550.31, as
recommended in the memorandum of August 20, 2009.
12.J.2. 129TH PLACE SUBDIVISION WATER ASSESSMENT PROJECT, UCP NO.
2953, FINAL PAYMENT TO CONTRACTOR AND RELEASE OF RETAINAGE,
W.I.P. No. 473-169000-09502 BID NUMBER 2009022
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the total project construction cost of $30,536.20,
and approved Application for Payment No. 2 — Final as
final payment to the Contractor, Timothy Rose
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September 8, 2009
Contracting, Inc., in the amount of $4,027.20, as
recommended in the memorandum of August 14, 2009.
12.13. 43" AVENUE WIDENING AND DRAINAGE IMPROVEMENTS FOR PUBLIC
WORKS ROAD WAYPROJECTNO. 9601 AND 43RDAVENUE & 44THAVENUE
SOUTH OF SR 60 AND 16TH STREET WEST TO OLD SAVANNAH
SUBDIVISIONLOW PRESSURE FORCE MAINSYSTEM, RETAIN CARTER &
ASSOCIATES FOR SURVEYING, DESIGN, PERMITTING AND CONSTRUCTION
PHASE SERVICES
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Solari, to approve staff's
recommendation.
Commissioner Wheeler recalled that he had requested that the Transportation Plan be
brought back to the MPO (Metropolitan Planning Organization), and so far, nothing has come
back. Commissioner Solari said that the MPO meeting was the following day, on September 9,
2009, and the matter could be brought up at that time.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board: (1) approved the
Project for an estimated $300,000 in construction; and (2)
authorized the Chairman to execute Work Order No. 1
from Carter Associates, Inc. for surveying, design,
permitting, bidding and construction phase services for the
low pressure force main system for $35,505.00 plus
$500.00 additional expenses, as presented, for a total
amount of $36,005.00, as recommended in the
memorandum of August 20, 2009.
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September 8, 2009
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
I2.J.4. CONTINUING CONSULTING SERVICES FOR WORK ORDER NO. 6 FOR FINAL
PAY TO SCHULKE, BITTLE & STODDARD FOR ENGINEERING DESIGN,
SURVEYINGAND CONSTRUCTIONADHINISTRATIONSERVICES FOR PUMP
STATION NO. 2058 oN37mSTREET BYHEALTHSOUTH— UCP #3026
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
the total amount of engineering services of $12,101.67,
and Final Invoice number 08-015-12 for a total amount of
$432.88 ($432.00 + $0.88) to Schulke, Bittle & Stoddard,
as recommended in the memorandum of August 21, 2009.
13. COUNTY ATTORNEY MATTERS
B.A. ACQUISITIONOFRIGHT-OF-WAYALONG CR 5ZOELVESTERB. MOWATT
Deputy County Attorney William DeBraal displayed aerial views of the subject property
and updated the Board on staff's request for approval of the subject right-of-way acquisition
along CR510, from the estate of Ms. Elvester Mowatt, at a purchase price of $28,004.80,
inclusive of a property exchange for the Broxton remainder parcels, at no additional
consideration.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to approve
staff's recommendation to purchase the Mowatt parcel and
proceed with the property exchange.
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September 8, 2009
Attorney DeBraal clarified for Commissioner O'Bryan that the Guardianship Court had
approved selling the two parcels at the approved price, and the property exchange.
Chairman Davis wanted to move forward with the transaction as presented.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board: (1) approved
Alternative 1, the Contract for purchase of the Mowatt
parcel for a total of $32,254.80, inclusive of appraisal fees
of $250.00 and an attorney's fee of $4,000; and (2)
directed staff to proceed with the property exchange for
the Broxton remainder parcels at no additional
consideration, as recommended in the memorandum of
August 21, 2009
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEYS. DAVIS, CHAIRMAN
14.A.1. CONSOLIDATION OF CITY OF VERO BEACH WATER AND SEWAGE WITH
COUNTY
Chairman Davis wanted to explore the possibility of consolidating the water and sewer
services of the County and the City of Vero Beach. If that is not possible, he would like to
ascertain whether County water and sewer service can be provided to those residents of the
southern Barrier Island (the Moorings) who pay City utilities, but have no influence over the
rates which are imposed upon them.
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September 8, 2009
Commissioner Wheeler pointed out that the City has the right, through an Interlocal
Agreement, to provide water and sewer to the southern Barrier Island until 2017, and the County
needs to make a decision whether to continue with that Agreement, no later than 2012.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman Davis, to have staff begin
dialogue with the City of Vero Beach to look at the pros
and cons of consolidating County and City Utilities
Services, and to bring that information forward for a
Board decision.
Commissioner Solari recalled that previous offers to have County Utilities make a
presentation to the City of Vero Beach on consolidating Wastewater Treatment Services have
been rejected. He suggested re -offering to have County Utilities make its presentation to the
City of Vero Beach at a public meeting.
Commissioner Wheeler WITHDREW his Motion.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Wheeler, to begin the
process of determining what is best for both Wastewater
and Water in the City of Vero Beach and the County; to
extend an invitation to have our Utilities Department
make a presentation to the Vero Beach City Council at a
public meeting; to have the County, the City of Vero
Beach, and the Town of Indian River Shores work towards
developing the best path forward within the next two or
three months; and to suggest to the City of Vero Beach
that they refrain from as many expensive capital projects
as they can, until good open discussion has occurred.
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September 8, 2009
Commissioner Solari agreed to Commissioner O'Bryan's suggestion to incorporate into
his Motion the three core issues outlined on page 496 of the backup, which pertained to: (1)
Serving the Barrier Island; (2) Serving the Town of Indian River Shores; and (3) Eliminating the
City's wastewater plant and being served by the County.
A lengthy discussion followed regarding the necessity for staff to obtain more
information on: (1) the costs for the County to provide sewer, water, and reuse water services to
the south Barrier Island, and (2) on the water and sewer infrastructure in that area.
Director of Utilities Erik Olson suggested that the Commissioners meet with the City
Council before staff meets with City staff, and affirmed that staff would research the
infrastructure. He then reported that at the September 15, 2009 Board of County Commission
meeting, he would be presenting a recommendation from the Utility Advisory Committee to put
the City of Vero Beach on notice that the County would reveal its intentions for the southern
Barrier Island by 2012.
Bill Fish, City of Vero Beach Councilmember, agreed that it would be beneficial for the
City and County to have a joint meeting to evaluate the wisest course of action.
Dr. Stephen Faherty, South Beach Area, representing the South Beach Property Owners
Association, reported that, with regard to the City structure, only one entity, the City's Utility
Advisory Commission, has approved anything, which was relative to the wastewater treatment
plan. He conveyed the importance of getting a direction from the policy makers on the City
Council.
Robert Bolton, Water and Sewer Director for the City of Vero, reported that the City
Council had authorized him to enter into a discussion with Director Olson on the consolidation
of the wastewater treatment services, but not the entire system.
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September 8, 2009
Commissioner Solari felt that in light of the proposed rate hikes in City Utilities, he
wanted to make the offer to the Vero Beach City Council, to discuss in an open, transparent
process - wastewater, water, and reuse water, and not simply wastewater.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Commissioner Wheeler, (1) to direct
Director Olson to begin obtaining the necessary
information, including addressing the three issues
presented on page 496 of the backup, enumerated as Item
#1 Serving the Barrier Island; Item #2 Serving the Town
oflndian River Shores; and Item #3 Eliminating the City's
wastewater plant and being served by the County; and (2)
to invite the City of Vero Beach and the Town of Indian
River Shores to participate in a Workshop Meeting on
Wastewater, Water, and Reuse Water, addressing the three
areas enumerated above.
Bob Johnson, Coral Wind Subdivision, wanted to see the County protect its water
resources, and felt that it might be more beneficial to get the City on board and just discuss
wastewater and reuse water.
Tom Cadden, Special Representative on Water & Sewer for the Town of Indian River
Shores, supported having a Workshop involving the three entities, and is sure the Town Council
would like to be involved in the discussion.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board (1) directed
Director Olson to begin obtaining the necessary
information, including addressing the three issues
presented on page 496 of the backup, enumerated as Item
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September 8, 2009
#1 Serving the Barrier Island; Item #2 Serving the Town
oflndian River Shores; and Item #3 Eliminating the City's
wastewater plant and being served by the County; and (2)
approved extending to the City of Vero Beach and the
Town of Indian River Shores, an invitation to participate
in a Workshop Meeting on Wastewater, Water, and Reuse
Water, addressing the three areas enumerated above.
14.B. COMMISSIONER .JOSEPH E. FLESCHER-NONE
14. C. COMMISSIONER GARY C. WHEELER -NONE
14.D. COMMISIONER PETER D. OTRYAN
14.D. I. CDS MANUFACTURING PROJECT
Commissioner O'Bryan provided background information on his request to prepare an
Emergency Ordinance to allow a temporary use permit for a Florida DOT -approved Federal
Stimulus Project involving CDS Manufacturing, a Florida -based company that manufactures
prestress and precast concrete components. He described the site and detailed what would be
involved in the Project, noting that it would not be a concrete batch plan. He divulged that
according to CDS, the Project would create approximately forty jobs, of which all but five or six
would be filled locally, and conveyed that the total project would bring in $7 million to $7.5
million over a 2 '/z year period, the vast majority of which would be spent in this County.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to direct staff to
draft an Emergency Ordinance to permit a temporary use
permit for the CDS Manufacturing Project.
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September 8, 2009
Chairman Davis confirmed that the Commission wanted to have the Emergency
Ordinance put on the Agenda on September 15, 2009, and Assistant County Attorney George
Glenn assented.
Bob Johnson, Coral Wind Subdivision, Commissioners, and staff had a brief discussion
regarding the Indian River Park of Commerce (currently involved in a bankruptcy suit), which
Mr. Johnson felt might be the place for the subject project.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
(Clerk's Note: The following topic is unrelated to any of the Agenda Items discussed at
today's meeting).
Mr. Fish, Co -Chairman of the Emergency Services District Advisory Committee,
brought forward his concerns that the group's Charter was quite old, and needed to be re-
examined. He would like at some point to be placed on the Agenda and would be emailing
Commissioner Wheeler, the Commissioner liaison, regarding this matter.
14.E. COMMISSIONER BOB SOLARI--NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSERVICESDISTRICT--NONE
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
15. C. ENVIRONMENTAL CONTROL BOARD -NONE
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September 8, 2009
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:1 l
p.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved:
BCC/MG/2009Minutes
OCT 13 2009
September 8, 2009
Wesley S. Davis, Chairman
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