HomeMy WebLinkAbout02/02/2010JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 2, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
DELETION: ITEM 12.J.2. REUSE RATE STUDY AND ADDENDUM 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING DONALD BRAUGHTON ON HIS
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF PUBLIC WORKS PARKS DIVISION 2
5.B. PRESENTATION OF PROCLAMATION HONORING 211 AWARENESS WEEK
FEBRUARY 7TH THROUGH FEBRUARY 13TH, 2010 2
5.C. PRESENTATION OF ENTERPRISE ZONE ACTIVITIES BY RICK LANE, CHAIRMAN,
ENTERPRISE ZONE DEVELOPMENT AGENCY AND HELENE CASELTINE,
DIRECTOR OF ECONOMIC DEVELOPMENT, INDIAN RIVER COUNTY CHAMBER OF
COMMERCE 3
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February 2, 2010
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF DECEMBER 1, 2009 3
6.B. REGULAR MEETING OF DECEMBER 8, 2009 4
6.C. REGULAR MEETING OF DECEMBER 15, 2009 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC) COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY COMMITTEE (CEDSC) APPOINTMENTS
FOR 2010 4
7.B. RESIGNATION OF DISTRICT 5 APPOINTEE TO THE CHILDREN'S SERVICES
ADVISORY COMMITTEE 5
7.C. 2010 ELECTION OF PLANNING & ZONING COMMISSION CHAIRMAN AND VICE
CHAIRMAN 5
7.D. 2010 ELECTION OF HISTORIC RESOURCES ADVISORY COMMITTEE (HRAC)
CHAIRMAN AND VICE CHAIRMAN 6
7.E. 2010 ELECTION OF EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE
CHAIRMAN AND VICE CHAIRMAN 6
7.F. 2010 ELECTION OF CODE ENFORCEMENT BOARD CHAIRMAN AND VICE
CHAIRMAN 6
7.G. 2010 ELECTION OF CONSERVATION LANDS ADVISORY COMMITTEE CHAIRMAN
AND VICE CHAIRMAN 6
7.H. 2010 ELECTION OF BEACH AND SHORE PRESERVATION COMMITTEE CHAIRMAN
AND VICE CHAIRMAN 7
7.I. 2010 ELECTION OF ECONOMIC DEVELOPMENT COUNCIL CHAIRMAN AND VICE
CHAIRMAN 7
7.J. 2010 ELECTION OF MPO BICYCLE ADVISORY COMMITTEE (MPOBAC)
CHAIRMAN AND VICE CHAIRMAN 7
7.K. 2010 ELECTION OF ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA)
CHAIRMAN AND VICE CHAIRMAN AND VICE CIIAIRMAN 7
7.L. 2010 ELECTION OF UTILITY ADVISORY COMMITTEE (UAC) CHAIRMAN AND
VICE CHAIRMAN 8
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7.M. RESIGNATION OF DISTRICT 1 APPOINTEE TO THE UTILITY ADVISORY
COMMITTEE 8
7.N. RESIGNATION OF THE ARCHITECT REPRESENTATIVE TO THE CODE
ENFORCEMENT BOARD 8
7.0. RESIGNATION OF THE ATTORNEY REPRESENTATIVE TO THE ENVIRONMENTAL
CONTROL HEARING BOARD 8
8. CONSENT AGENDA 9
8.A. APPROVAL OF WARRANTS AND WIRES, JANUARY 8, 2010 TO JANUARY 14, 2010 9
8.B. APPROVAL OF WARRANTS AND WIRES, JANUARY 15, 2010 TO JANUARY 21,
2010 9
8.C. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND 10
8.D. 318.18(13) FLORIDA STATUTES ASSESSMENT OF ADDITIONAL COURT COSTS
QUARTERLY SUMMARY 10
8.E. REQUEST FOR CHANGE IN MEETING FREQUENCY OF THE EMERGENCY SERVICES
DISTRICT ADVISORY COMMITTEE 10
8.F. PROCLAMATION HONORING JOHN AUSBURY ON HIS RETIREMENT FROM INDIAN
RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF
SANDRIDGE GOLF CLUB 11
8.G. APPOINTMENT OF GIFFORD COMMUNITY REPRESENTATIVE TO THE PARKS AND
RECREATION COMMITTEE 11
8.H. SELECTION OF PROFESSIONAL ENGINEERING FIRMS TO PROVIDE
GEOTECHNICAL SERVICES ON AN ANNUAL SERVICES CONTRACT 12
8.I. AMENDMENT NO. 1 TO WORK ORDER NO. 11 TO THE PROFESSIONAL BRIDGE
DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR
PEDESTRIAN BRIDGE OVER 14TH STREET CANAL, IRC PROJECT #0745 12
8.J. PAVING AND DRAINAGE IMPROVEMENTS TO 17TH LANE S.W. (27TH AVENUE TO
20TH AVENUE) AND 20TH AVENUE (21ST STREET S.W. TO 17TH LANE S.W.)
PROJECT #0803, 0837, & 0838, BID NUMBER 2008073, CHANGE ORDER No. 3
AND RELEASE OF RETAINAGE 13
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February 2, 2010
8.K. AMENDMENT NO. 2 TO WORK ORDER NO. 1, PROFESSIONAL CIVIL
ENGINEERING SERVICES AGREEMENT WITH ARCADIS G&M, INC. FOR
WIDENING 43RD AVENUE FROM OSLO ROAD TO 8TH STREET 13
8.L. AMENDMENT NO. 11 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC., IRC PROJECT NO. 9810, 66TH AVENUE PAVING
IMPROVEMENTS (4TH STREET TO SR 60) 14
8.M. FORMER CATTLE DIP SITE - GEOSYNTEC CONSULTANTS, INC., WORK ORDER
#24 - SITE ASSESSMENT ADDENDUM 14
8.N. INDIAN RIVER FARMS PERMIT 15
8.0. APPROVAL OF A ONE YEAR EXTENSION OF THE CONTRACT WITH THE HEVERON
GROUP, INC., D/B/A/ BEACHLAND CLEANING SERVICES FOR CUSTODIAL
SERVICES 15
8.P. FINAL PAY TO SHELTRA & SONS CONSTRUCTION CO., INC. FOR REPLACEMENT
OF 16" AERIAL WATER MAIN CROSSING OF FDOT DITCH WITH DIRECTIONAL
DRILL WATER MAIN ON US1 AT 73RD STREET, UCP No. 4032 16
8.Q. FINAL PAY TO SHELTRA & SON CONSTRUCTION CO., INC., FOR WABASSO
BEACH PARK LIFT STATION WET WELL DROP INLET, UCP 4006 16
8.R. WORK ORDER NO. 14 WITH CDM - FINAL PAY AND RELEASE OF RETAINAGE
TO ENGINEERING CONSULTANT 17
8.S. FINAL PAY TO AMPS INC. TO REFURBISH WELL NO. 5 AT SOUTH COUNTY RO
WATER TREATMENT PLANT 17
8.T. APPROVAL OF CHANGE ORDER NO. 1 TO SJRWMD CONTRACT NO. 25245 FOR
EGRET MARSH REGIONAL STORMWATER PARK 18
8.U. BUREAU OF JUSTICE ADULT DRUG COURT GRANT 18
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 18
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - RESOLUTION IN SUPPORT OF
SENATE BILL 610 AND HOUSE BILL 417 18
10. PUBLIC ITEMS 22
10.A. PUBLIC HEARING(S) - NONE 22
10.B. PUBLIC DISCUSSION ITEMS 22
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February 2, 2010
10.B.1. REQUEST TO SPEAK FROM STEPHEN H. COURTRIGHT REGARDING REQUEST TO
SELL FLOWERS ON THE CORNER OF 43RD & SR60 ON VARIOUS HOLIDAYS 22
10.B.2. REQUEST TO SPEAK FROM JOE T. WIGGINS REGARDING SIDEWALK ON 11TH
STREET S.W. 23
10.B.3. REQUEST TO SPEAK FROM BRUCE BARKETT, FOR CITY FIRST MORTGAGE
CORP., REGARDING THE MATTER OF LEWIS BARTON CODE ENFORCEMENT
REDUCTION OF LIEN 24
10.C. PUBLIC NOTICE ITEMS - NONE 26
11. COUNTY ADMINISTRATOR MATTERS - NONE 26
12. DEPARTMENTAL MATTERS 26
12.A. COMMUNITY DEVELOPMENT 26
12.A.1. CONSIDERATION OF INDIAN RIVER COUNTY'S AGENCY REPORT ON THE FPL
ENERGY SECURE PIPELINE SITING APPLICATION No. NG09-02 26
12.A.2. REQUEST FOR AUTHORIZATION TO ABATE RECURRENCE OF A PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA GARDENS
MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF LLC, CODE
ENFORCEMENT CASE NO. 2009060086) 27
12.B. EMERGENCY SERVICES - NONE 28
12.C. GENERAL SERVICES 28
12.C.1. SIX MONTH REVIEW, INDIAN RIVER COUNTY CODE, SECTION 105.041, LOCAL
PREFERENCE IN PURCHASING OR CONTRACTING 28
12.D. HUMAN RESOURCES - NONE 28
12.E. HUMAN SERVICES - NONE 28
12.F. LEISURE SERVICES - NONE 28
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 29
12.11. RECREATION - NONE 29
12.I. PUBLIC WORKS - NONE 29
12.1.1. CONSTRUCTION CONTRACT - RANGER CONSTRUCTION INDUSTRIES, INC.
SECTOR 3 BEACH RESTORATION PROJECT 29
12.I.2. SECTOR 3 BEACH RESTORATION PROJECT, RANGER CONSTRUCTION
INDUSTRIES, INC., CONSTRUCTION CONTRACT CHANGE ORDER NO. 1 31
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12.I.3. WORK ORDER NO. 8 — COASTAL TECHNOLOGY CORPORATION INC., SECTOR 3
BEACH RESTORATION PROJECT - PHASE I CONSTRUCTION, PHASE SERVICES
AND IMMEDIATE POST -PHASE I CONSTRUCTION MONITORING 34
12.J. UTILITIES SERVICES 35
12.J.1. RECOMMENDATION OF THE UTILITY ADVISORY COMMITTEE FOR THE BOARD OF
COUNTY COMMISSIONERS TO SEND A LETTER TO FLORIDA POWER AND LIGHT
REGARDING ADDITIONAL COUNTY ELECTRIC SERVICE 35
12.J.2. REUSE RATE STUDY AND ADDENDUM 37
13. COUNTY ATTORNEY MATTERS 37
13.A. RESOLUTION RE -CONSTITUTING THE MARINE ADVISORY NARROWS
WATERSHED ACTION COMMITTEE (MANWAC) AS THE MARINE ADVISORY
COMMITTEE 37
14. COMMISSIONER ITEMS 39
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 39
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN 39
14.B.1. DISCUSSION ITEM (REFLECTION ON COUNCILMEMBER HEADY'S CITY OF VERO
BEACH MEETING) 39
14.C. COMMISSIONER WESLEY S. DAVIS 39
14.C.1. APPOINTMENTS TO MARINE ADVISORY NARROWS WATERSHED ACTION
COMMITTEE (MANWAC) 39
14.C.2. REQUEST FOR RESOLUTION RE CHINESE DRYWALL 40
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE 40
14.E. COMMISSIONER GARY C. WHEELER - NONE 40
15. SPECIAL DISTRICTS AND BOARDS 41
15.A. EMERGENCY SERVICES DISTRICT - NONE 41
15.B. SOLID WASTE DISPOSAL DISTRICT 41
15.B.1. APPROVAL OF MINUTES REGULAR MEETING OF DECEMBER 8, 2009 41
15.B.2. APPROVAL OF MINUTES REGULAR MEETING OF DECEMBER 15, 2009 41
15.B.3. APPROVAL OF MINUTES REGULAR MEETING OF JANUARY 5, 2010 41
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February 2, 2010
15.B.4. AMENDMENT NO. 1 TO WORK ORDER NO. 9 TO CAMP DRESSER AND MCKEE
FOR ENGINEERING SERVICES RELATED TO THE NEW OSLO CUSTOMER
CONVENIENCE CENTER 41
15.B.5. WASTE TIRE PYROLYSIS DEMONSTRATION AT INDIAN RIVER COUNTY
LANDFILL 41
15.C. ENVIRONMENTAL CONTROL BOARD 41
15.C.1. APPROVAL OF MINUTES REGULAR MEETING OF NOVEMBER 3, 2009 42
15.C.2. REPORT OF ACTIVITIES FOR FIRST QUARTER FY 09/10 (OCTOBER THROUGH
DECEMBER 2009) 42
16. ADJOURNMENT 42
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February 2, 2010
JEFFREY K. BARTON
Clerk to the Board
February 2, 2010
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, February 2, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob
Solari, Commissioners Wesley S. Davis, Joseph E. Flescher, and Gary C. Wheeler. Also present
were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and Deputy
Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Steve Jones, Vero Christian Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Flescher led the Pledge of Allegiance to the Flag.
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February 2, 2010
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to the Agenda:
DELETION: ITEM 12.1.2. REUSE RATE STUDY AND ADDENDUM
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION HONORING DONALD BRA UGHTON ON
His RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF PUBLIC WORKS PARKS DIVISION
Chairman O'Bryan read and presented the Proclamation and plaque to Mr. Braughton.
S.B. PRESENTATION OF PROCLAMATION HONORING 211 AWARENESS WEEK
FEBRUARY 7TH THROUGH FEBRUARY 13TH , 2010
Vice Chairman Solari read and presented the Proclamation to Paige Woodward, who
accepted the award on behalf of 2-1-1 Palm Beach/Treasure Coast.
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February 2, 2010
5.C. PRESENTATION OF ENTERPRISE ZONE ACTIVITIES BYRICKLANE,
CHAIRMAN, ENTERPRISE ZONE DEVELOPMENT AGENCY AND HELENE
CASELTINE, DIRECTOR OF ECONOMIC DEVELOPMENT, INDIAN RIVER
COUNTY CHAMBER OF COMMERCE
Helene Caseltine, Economic Development Director for the Indian River County
Chamber of Commerce and Enterprise Zone Coordinator, introduced Richard Lane, the newly
elected Chairman of the Enterprise Zone Development Agency.
Richard Lane recognized staff and key personnel, spoke about current vacant positions,
and provided an update on the Agency's activities. At the request of the Board, he described the
boundaries of the Enterprise Zone, and what the Enterprise Zone does for businesses and
residents.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF DECEMBER 1, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of December 1, 2009. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of December 1, 2009,
as written.
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February 2, 2010
6.B. REGULAR MEETING OF DECEMBER 8, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of December 8, 2009. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, Board unanimously approved the
Minutes of the Regular Meeting of December 8, 2009, as
written.
6.C. REGULAR MEETING OF DECEMBER 15, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of December 15, 2009. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of December 15,
2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC)
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE
(CEDSC) APPOINTMENTS FOR 2010
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February 2, 2010
Noted for the record was the annual appointment/reappointment for district
representatives to serve on the Treasure Coast Regional Planning Council's (TCRPC)
Comprehensive Economic Development Strategy Committee (CEDSC). Their term ends in
December, and meetings are held quarterly in Stuart, Florida. The representatives are as follows:
District 1 — Commissioner Wesley Davis reappointed Ray Coniglio
District 2 — Commissioner Joseph Flescher appointed Rich Stringer
District 3 — Commissioner Gary Wheeler reappointed Helene Caseltine
District 4 — Chairman Peter O'Bryan reappointed Randy J. Riley
District 5 — Vice Chairman Bob Solari appointed Andrew Kennedy
7.B. RESIGNATION OF DISTRICT 5 APPOINTEE TO THE CHILDREN'S SERVICES
ADVISORY COMMITTEE
Noted for the record was the resignation of Andrew Kennedy, District 5 Appointee to the
Children's Services Advisory Committee. Mr. Kennedy submitted his resignation on January
20, 2010. His term would have expired in 2012.
7.C. 2010 ELECTION OF PLANNING & ZONING COMMISSION CHAIRMAN AND
VICE CHAIRMAN
Noted for the record was the election of Greg Smith as Chairman, and Donna Keys as
Vice Chairman of the Planning and Zoning (P&Z) Commission.
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February 2, 2010
7.D. 2010 ELECTION OF HISTORIC RESOURCES ADVISORY COMMITTEE
(HRAC) CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Paul Kuvshinikov as Chairman, and Lynne
Larkin as Vice Chairman of the Historic Resources Advisory Committee (HRAC).
7.E. 2010 ELECTION OF EMERGENCY SERVICES DISTRICT ADVISORY
COMMITTEE CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Harry Howle as Chairman and Toni Teresi as
Vice Chairman of the Emergency Services District Advisory Committee (ESDAC).
7.F. 2010 ELECTION OF CODE ENFORCEMENT BOARD CHAIRMAN AND VICE
CHAIRMAN
Noted for the record was the election of Cliff Suthard as Chairman, and Joe Petrulak as
Vice Chairman of the Code Enforcement Board.
7. G. 2010 ELECTION OF CONSERVATION LANDS ADVISORY COMMITTEE
CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Dr. Jorge Rey as Chairman, and Tim Glover as
Vice Chairman of the Conservation Lands Advisory Committee (CLAC).
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February 2, 2010
7.H. 2010 ELECTION OF BEACH AND SHORE PRESERVATION COMMITTEE
CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the re-election of Bill Glynn as Chairman, and Bob Anderson as
Vice Chairman of the Beach and Shore Preservation Committee (BSPC).
7.1. 2010 ELECTION OF ECONOMIC DEVELOPMENT COUNCIL CHAIRMAN AND
VICE CHAIRMAN
Noted for the record was the re-election of Linda Schlitt-Gonzalez as Chairman, and
Scott Carson as Vice Chairman of the Economic Development Council (EDC).
7.J. 2010 ELECTION OF MPO BICYCLE AD VISOR Y COMMITTEE (MPOBAC)
CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the re-election of Libby Harrow as Chairman, and the re-
election of Scott Melanson as Vice Chairman of the Metropolitan Planning Organization Bicycle
Advisory Committee (MPOBAC).
7.K. 2010 ELECTION OF ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA)
CHAIRMAN AND VICE CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Richard Lane as Chairman, and Joseph Chiarella
as Vice Chairman of the Enterprise Zone Development Agency (EZDA).
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February 2, 2010
7.L. 2010 ELECTION OF UTILITY ADVISORY COMMITTEE (UAC) CHAIRMAN
AND VICE CHAIRMAN
Noted for the record was the re-election of John Tschinkel as Chairman, and Dr. Stephen
Faherty as Vice Chairman of the Utility Advisory Committee (UAC).
7.M. RESIGNATION OF DISTRICT 1 APPOINTEE TO THE UTILITY ADVISORY
COMMITTEE
Noted for the record was the resignation of Alfred Minner, District 1 Appointee to the
Utility Advisory Committee. Mr. Minner submitted his resignation on January 13, 2010; his
term would have expired in 2010.
7.N. RESIGNATION OF THE ARCHITECT REPRESENTATIVE TO THE CODE
ENFORCEMENT BOARD
Noted for the record was the resignation of Dana Stetser, District 3 Architect
Representative to the Code Enforcement Board. Mr. Stetser verbally turned in his resignation,
effective immediately, due to health reasons; his term would have expired in 2012.
7.0. RESIGNATION OF THE ATTORNEY REPRESENTATIVE TO THE
ENVIRONMENTAL CONTROL HEARING BOARD
Noted for the record was the resignation of Alan Polackwich, Attorney Representative to
the Environmental Control Hearing Board. Attorney Polackwich turned in his resignation,
effective immediately, due to his appointment as the new County Attorney.
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February 2, 2010
8. CONSENT AGENDA
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Consent Agenda, as presented.
8.A. APPROVAL OF WARRANTS AND WIRES, .JANUARY 8, 2010 TO .JANUARY 14,
2010
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of January 8, 2010 to January
14, 2010, as requested in the memorandum of January 14,
2010.
8.B. APPROVAL OF WARRANTS AND WIRES, .JANUARY 15, 2010 TO JANUARY
21, 2010
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of January 15, 2010 to January
21, 2010, as requested in the memorandum of January 21,
2010.
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February 2, 2010
8.C. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER
COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously accepted
the Indian River County Statement of Revenues,
Expenditures and Charges in Fund Balances of the Traffic
Education Program, from the inception of the $3.00 fee
(October 1, 2002) through December 31, 2009, as
recommended in the memorandum of January 15, 2010.
8.D. 318.18(13) FLORIDA STATUTES ASSESSMENT OF ADDITIONAL COURT
COSTS QUARTERLY SUMMARY
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously accepted
the Assessment of Additional Court Costs Quarterly
Summary, as recommended in the memorandum of
January 15, 2010.
8.E. REQUEST FOR CHANGE IN MEETING FREQUENCY OF THE EMERGENCY
SERVICES DISTRICT ADVISORY COMMITTEE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Emergency Services District Advisory Committee's
(ESDAC) request to change meeting frequency from bi-
monthly to quarterly, as requested in the memorandum of
January 21, 2010.
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February 2, 2010
8. F. PROCLAMATION HONORING JOHN AUSBURY ON HIS RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF SANDRIDGE GOLF CLUB
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Proclamation honoring John Ausbury on his retirement
from Indian River County Board of County
Commissioners Department of Sandridge Golf Club.
8. G. APPOINTMENT OF GIFFORD COMMUNITY REPRESENTATIVE TO THE
PARKS AND RECREATION COMMITTEE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the appointment of Keith Woulard as the Gifford
Community Representative to the Parks and Recreation
Committee. He replaces Bill Wilson, and his term will
expire in 2010, as recommended in the memorandum of
January 26, 2010.
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February 2, 2010
8.H. SELECTION OF PROFESSIONAL ENGINEERING FIRMS TO PROVIDE
GEOTECHNICAL SERVICES ONANANNUAL SERVICES CONTRACT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the following firms for the Geotechnical Engineering
Services Annual Services Contract: (1) Dunkelberger
Engineering and Testing, Inc., Port St. Lucie; (2) Ardaman
and Associates, Inc., Port St. Lucie; (3) AM Engineering
and Testing Inc., Port St. Lucie; (4) Universal Engineering
Sciences, Inc., Ft. Pierce; and (5) K.S.M. Engineering and
Testing, Inc., Sebastian; and authorized staff to continue
contract negotiations on behalf of the County with the
selected firms, as recommended in the memorandum of
January 19, 2010.
8.1. AMENDMENT NO. 1 TO WORK ORDER No. 11 TO THE PROFESSIONAL
BRIDGE DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN
ASSOCIATES, INC. FOR PEDESTRIAN BRIDGE OVER 14TH STREET CANAL,
IRC PROJECT #0745
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
Amendment No. 1 to Work Order No. 11 (Engineering)
with Bridge Design Associates, Inc., authorized the
project as outlined in the Scope of Services, and
authorized the Chairman to execute same, for a lump sum
fee of $5,070.00, as recommended in the memorandum of
January 6, 2010.
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February 2, 2010
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. PAVING AND DRAINAGE IMPROVEMENTS TO 17111 LANE S.W. (27TH
AVENUE TO 20THAVENUE)AND 20THAVENUE(215T STREET S.W. TO 17TH
LANE S. W.) PROJECT #0803, 0837, & 0838, BID NUMBER 2008073,
CHANGE ORDER No. 3 AND RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
Change Order No. 3 and payment of J.W. Cheatham, LLC
Payment Application No. 14, dated 12/28/09, for the
amount of $73,852.78, as recommended in the
memorandum of January 19, 2010.
8.K. AMENDMENT No. 2 TO WORK ORDER No. 1, PROFESSIONAL CIVIL
ENGINEERING SERVICES AGREEMENT WITHARCADIS G&M, INC. FOR
WIDENING 43RD AVENUE FROM OSLO ROAD TO 8TH STREET
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the total negotiated cost of $42,125.00 for Amendment
No. 2 to Work Order No. 1 with Arcadis G&M, Inc., for
engineering and surveying services as outlined in the
Scope of Services, and authorized the Chairman to execute
same, as recommended in the memorandum of January 11,
2010.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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February 2, 2010
8.L. AMENDMENT NO. 11 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH CARTER ASSOCIATES, INC., IRC PROJECT NO. 9810, 66THAVENUE
PAVING IMPROVEMENTS (4TH STREET TO SR 60)
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
Amendment No. 11 with Carter Associates, Inc., in the
amount of $31,030.00, for engineering and survey services
as outlined in the Scope of Services, and authorized the
Chairman to execute same, as recommended in the
memorandum of January 11, 2010.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. FORMER CATTLE DIP SITE — GEOSYNTEC CONSULTANTS, INC., WORK
ORDER #24 — SITE ASSESSMENT ADDENDUM
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
Work Order No. 24 with Geosyntec Consultants, Inc, for
professional services as outlined in the Scope of Services,
and authorized the Chairman to execute same, as
recommended in the memorandum of January 5, 2010.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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February 2, 2010
8.N. INDIAN RIVER FARMS PERMIT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Indian River Farms permit with Indian River Farms
Water Control District, and authorized the payment of the
$2,595.00 annual fee, as recommended in the
memorandum of January 27, 2010.
PERMIT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. APPROVAL OF A ONE YEAR EXTENSION OF THE CONTRACT WITH THE
HEVERON GROUP, INC., D/B/A/BEACHLAND CLEANING SERVICES FOR
CUSTODIAL SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved a
one year extension as allowed for in the Contract with the
Heveron Group, Inc., d/b/a Beachland Cleaning Services,
and authorized the Chairman to execute the Agreement as
prepared and approved by the County Attorney's Office,
and executed by the Contractor, subject to the acceptance
of insurance certificates by the Risk Manager. After this
extension the annual contract will have one additional one
(1) year period available subject to vendor acceptance,
satisfactory performance, and staff's determination that a
renewal would be in the best interest of the County, all as
recommended in the memorandum of January 27, 2010.
15
February 2, 2010
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.P. FINAL PAY TO SHELTRA & SONS CONSTRUCTION CO., INC. FOR
REPLACEMENT OF 16" AERIAL WATER MAIN CROSSING OF FDOT
DITCH WITH DIRECTIONAL DRILL WATER MAIN ON US1 AT 73RD
STREET, UCP No. 4032
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Application for Payment No. 2 — Final as final
payment to the Contractor, Sheltra & Sons Construction
Co., Inc., in the amount of $913.39; approved an
additional $4,170.32 for County purchased materials; and
approved the total project construction cost of $34,978.19,
with the total project construction cost of $2,343.53 more
than approved, as recommended in the memorandum of
January 14, 2010.
8.0. FINAL PAY TO SHELTRA & SON CONSTRUCTION CO., INC., FOR WABASSO
BEACH PARK LIFT STATION WET WELL DROP INLET, UCP 4006
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Application for Payment No. 2 — Final as final
payment to the Contractor, Sheltra & Son Construction
Co., Inc., in the amount of $52.47; approved an additional
$290.84 for County purchased materials; and approved the
16
February 2, 2010
total project construction cost of $1,531.16, approved, as
recommended in the memorandum of January 14, 2010.
8.R. WORK ORDER No. 14 WITH CDM - FINAL PAY AND RELEASE OF
RETAINAGE TO ENGINEERING CONSULTANT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously authorized
final payment in the amount of $1,107.50 to Camp Dresser
and McKee (CDM), for the work associated with the
refurbishment of Well No. 5 at the South County R.O.
Water Treatment Plant, as recommended in the
memorandum of January 19, 2010.
8.S. FINAL PAY TO AMPS INC. TO REFURBISH WELL No. 5 AT SOUTH
COUNTYRO WATER TREATMENT PLANT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved:
(1) the invoice in the amount of $3,000.00, to AMPS, Inc.
for acid injection not previously covered in the original
scope of services; (2) approved revising the contract
amount of -$14,520.13; and (3) authorized the Chairman
to execute same, as recommended in the memorandum of
December 17, 2009.
17
February 2, 2010
8.T. APPROVAL OF CHANGE ORDER No. 1 TO SJRWMD CONTRACT NO.
25245 FOR EGRET MARSH REGIONAL STORMWATER PARK
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
Change Order No. 1 to St. Johns River Water
Management District (SJRWMD) Contract No. 25245,
and authorized the Chairman to execute same, as
recommended in the memorandum of January 25, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.U. BUREAU OF JUSTICE ADULT DRUG COURT GRANT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
that the Board of County Commissioners serve as the
coordinating unit of government for the Bureau of Justice
Program, and authorized the Substance Awareness
Council to apply for the grant funds to be used for the
Adult Drug Court Program, as recommended in the
memorandum of January 26, 2010.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - RESOLUTION IN
SUPPORT OF SENATE BILL 610 AND HOUSE BILL 417
18
February 2, 2010
Jim Harpring, General Counsel for the Sheriff's Office, recalled that this Item was
rescheduled from the January 19, 2010 Board of County Commission Meeting, due to issues and
concerns that language included in the proposed Senate and House Bills could be construed to
mean the Constitutional Officers could appropriate funds. He reviewed the language and
definition of the proposed Bills and Impasse Resolution and acknowledged that the Amendment,
which identifies the Constitutional Officers as the Legislative Body, is consistent with the
language in Section 447.203, Florida Statutes, because the two provisions in the definitional
language specifically refers to entities as Legislative Bodies for the purposes of resolving
impasses, not the authority to appropriate funds. He informed the Board that a revised
Resolution had been forwarded to Attorney Collins showing the added language that the Board
specifically requested at the January 19th meeting. He thereafter presented the Sheriff's version
of the Resolution with the proposed verbiage highlighted in Section 2.
The Chairman opened the floor to public comment.
Stephen Valis, 609 Fox Valley Drive, Longwood, Florida, representing the Coastal
Florida Police Benevolent Association (CFPBA) and in negotiations with the Sheriff's Office,
commented on what he believed was deficient in the content of the Resolution. He specified that
the Tax Collector's Budget is approved by the State Department of Revenue, not the Board of
County Commissioners; and that the proposed Resolution specifically states that a Constitutional
Officer is not the final fiscal authority to appropriate funds.
Discussion ensued between Commissioners, staff, and Attorney Harpring regarding a
third party mediator, the Public Employees Relations Commission (PERC) decision, and Board
options for using a Special Master for impasse recommendations.
19
February 2, 2010
Al Betcher, Coastal Florida Police Benevolent Association (CFPBA) Staff
Representative, Daytona Beach, Florida, felt it would be resolved, and urged the Board to Table
the Item.
Attorney Harpring addressed Board concerns, and clarified his reasons for why this
Item should not be Tabled.
Ron Bair, Deputy with Indian River County Sheriff's Office, representing the Deputies
and Collective Bargaining under CFPBA, stressed that the Board of County Commissioners was
the Legislative Body, and felt it improper for the Commissioners to support any document that
would state otherwise.
Human Resources Director James Sexton clarified the process for negotiating with the
Teamsters Union; reiterated that the Board of Commissioners is the Legislative Body which
appropriates funds; noted that a Special Master could be used if an impasse is declared; and
defined what he considered "bargaining in good faith".
There were no other speakers and the Chairman closed the floor to public comment.
Commissioner Wheeler made known his opinion regarding the Sheriff's Office and the
Board of County Commissioners when negotiating or bargaining on a contract, and why there
should be an incentive to negotiate/bargain in good faith.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to deny the
proposed Resolution as drafted by the County Attorney.
20
February 2, 2010
Discussion ensued concerning the Resolution, removing the checks and balance, the
processes of the Sheriff and collective bargaining units, good faith bargaining, and Board
objectivity when observing the Sheriff's or Union's side.
Vice Chairman Solari acknowledged that the Board is currently the Legislative Body, and
that it ought not be, due to limited information/capacities. He believed the Special Master would
be able to obtain more information and details than the Board.
Mr. Valis said this is a fairness issue of unfair labor practices, and he did not want the
Board to tip the scale, but to let it play out.
Assistant County Administrator Michael Zito felt the Special Master would be better
trained in certain issues, and have experience in the competing interest for the Sheriff' s
management rights, and the employees' rights to collectively bargain for the conditions of
employment. He said this would have to come with an expressed limitation that any decision
that the Special Master would render could not impose upon the Commission's appropriation
authority.
After a brief discussion among the Commissioners regarding Board responsibilities,
fairness, collective bargaining, and accountability, each Commissioner voiced his support or
opposition to the Resolution.
The Chairman CALLED THE QUESTION and the
Motion FAILED by a 2-3 vote (Commissioners Davis,
O'Bryan and Solari opposed).
21
February 2, 2010
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman O'Bryan, to approve the
Resolution as presented and proposed by the Sheriff's
Office.
There was a brief discussion pertaining to the Resolution verbiage and the Sheriff having
the final decision.
The Chairman CALLED THE QUESTION and the
Motion carried 3-2 (Commissioners Wheeler and Flescher
opposed). The Board approved the Resolution as
presented and proposed by the Sheriff's Office.
Resolution 2010-004, supporting a Bill to identify the
Sheriff, Tax Collector, Property Appraiser, Supervisor of
Elections and Clerk of the Circuit Court as the Legislative
Body of their Respective Employees and not the Board of
County Commissioners.
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S) - NONE
10.B. PUBLIC DISCUSSION ITEMS
10. B.1. REQUEST TO SPEAK FROM STEPHEN H. COURTRIGHT REGARDING
REQUEST TO SELL FLOWERS ON THE CORNER OF 43RD & SR60 ON
VARIOUS HOLIDAYS
22
February 2, 2010
Stephen Courtright, 456 27th Drive, Vero Beach, provided background concerning his
flower business, read correspondence between himself and staff, and requested the Board grant
him permission to sell fresh cut flowers on the corner of 43rd Avenue and SR60 for various
holidays.
Discussion ensued regarding Mr. Courtright selling flowers on private property versus
County owned property, competition with other businesses and florists, the required 200 -foot
setback from the roadway, and the compliant buffer necessary to obtain a temporary use permit.
Community Development Director Bob Keating detailed the permits and the refundable
fees that Mr. Courtright incurs in order to sell his flowers.
Chairman O'Bryan relayed to Mr. Courtright that the corner of 43rd Avenue and SR60
would not be available for him to sell his flowers; and Commissioner Davis suggested he find an
existing business that would allow him to utilize their facility.
NO BOARD ACTION REQUIRED OR TAKEN
10.B.2. REQUEST TO SPEAK FROM JOE T. WIGGINS REGARDING SIDEWALK ON
11TH STREET S.W.
Mr. Wiggins was not in attendance.
Chairman O'Bryan called a break at 10:44 a.m. and reconvened the meeting at
10:54 a.m. with all members present.
23
February 2, 2010
1O.B.3. REQUEST TO SPEAK FROM BRUCE BARKETT, FOR CITY FIRST MORTGAGE
CORP., REGARDING THE MATTER OF LEWIS BARTON CODE
ENFORCEMENT REDUCTION OF LIEN
Attorney Bruce Barkett, representing City First Mortgage (CFM) Corporation,
recapped his letter dated January 13, 2010, pointing out that CFM wanted to find a workable
resolution/solution to the Lewis Barton code enforcement liens placed against the subject
property. He explained how CFM inherited the liens through the result of fines. He said the
fines were meant to be punishment against Mr. Barton, not CFM who inherited the problem.
Attorney Barkett reported that CFM would be willing to help correct the code enforcement
violation, and/or agree to tear down the existing structure if that is what the Board wants. He
disclosed that if CFM's offer of $90,000 would be accepted today, the County could receive the
money immediately, and CFM would tear down the house, or the County could wait for the
uncertainty of what could happen in the future.
Andy Fiske, owner of City First Mortgage (CFM) Corporation, Miami Beach, outlined
CFM's expenditures and analyses by using a spreadsheet (copy on file).
The Commissioners asked questions for clarification regarding interest, insurance, legal
fees/expenses, the payment figures from escrow, when CFM had obtained the mortgage versus
when the fines were imposed, and CFM's knowledge of the lien.
Mr. Fiske stressed that this had been a difficult situation due to the amount of money that
had been borrowed to pay for the ongoing litigation, and he reiterated that CFM is a small
mortgage company which deals with private investors.
Joel Zwemmer, Esq., representing National Title Insurance Company of New York,
addressed earlier concerns, and explained why it would be in the best interest of the County to
settle the claim.
24
February 2, 2010
County Attorney William Collins II provided the ownership details of the property, the
specifics of Lewis Barton's Code Enforcement Board Hearing, and the outcome of the Federal
suit whereby Lewis Barton charged that his civil rights were violated. He also noted the inherent
risks in moving forward and attempting to collect the entire amount.
Discussion ensued regarding the imposition of fines, the County lien settlement offer of
$90,000, the change in dollar amounts from the Final Judgment, and the County -incurred costs
from litigation.
Administrator Baird encouraged the Board to not make a decision today.
Chairman O'Bryan felt the institution of imposing fines needed to be upheld, and voiced
concern over the interest incurred. He wanted to see the interest stop once the principal is paid
back, and then look at the numbers going forward.
Cheryl Gerstner, 2035 Surfside Terrace, neighbor of subject property, offered
comments about the property and its abandonment. She assured the Board that the property is
currently being marketed, and confirmed that the $827,000 Note Rate was close to market value.
Chairman O'Bryan asked Attorney Barkett to coordinate all details with Management
and Budget Director Jason Brown, and County Attorney Collins, who will bring this Item back
to the Board under County Attorney Matters. He said the Board wanted to see the documentation
of updated numbers, the interest differentials, if they are offering to tear down the property, and a
written statement verifying that with a time certain.
Director Jason Brown summarized his understanding of the situation and provided his
personal views.
NO BOARD ACTION REQUIRED OR TAKEN
25
February 2, 2010
10. C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF INDIAN RIVER COUNTY'S AGENCY REPORT ON THE
FPL ENERGY SECURE PIPELINE SITING APPLICATION No. NG09-02
Community Planning Director Stan Boling recapped his memorandum dated January 25,
2010, and using a PowerPoint presentation (on file) provided background and analysis of the
proposed Florida Power and Light (FPL) Natural Gas Pipeline Project that would run
approximately 278 miles from Bradford County to Riviera Beach, with about 28 miles running
through Indian River County. He recalled that the Board had approved a preliminary statement
of issues and recommended conditions on September 22, 2009, which was thereafter transmitted
to the Department of Environmental Protection (DEP). He conveyed that the last step in the
process would be to transmit an Agency Report to DEP, which would be sent on February 5,
2010.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, to approve the
proposed Agency Report, and direct staff to transmit the
report to the Department of Environmental Protection
(DEP).
26
February 2, 2010
Director Boling confirmed for the Board that 21 affected property owners had been
notified of the proposed pipeline, and that the only feedback was from two owners who wanted
to be involved in the process. He stated that all interested parties, as well as the St. Johns
Improvement District, would be invited to any future meetings with FPL. He also clarified that
the pipeline's proposed corridor through Indian River County would follow the existing
powerline easements.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved the
proposed Agency Report, and directed staff to transmit the
report to the Department of Environmental Protection
(DEP).
12.A.2. REQUEST FOR AUTHORIZATION TO ABATE RECURRENCE OF A PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA
GARDENS MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF
LLC, CODE ENFORCEMENT CASE No. 2009060086)
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Solari, the Board unanimously
approved Alternative 2, to authorize the County's
employees, servants, agents, or contractors to again enter
upon the Vista Golf, LLC property within Vista Gardens
at all reasonable times, and take whatever action is
necessary to abate the nuisance described in the report,
with costs of the abatement to be recorded as a lien against
the subject property, as recommended in the memorandum
of January 25, 2010.
27
February 2, 2010
Commissioner Wheeler wondered whether the County would ever collect anything on the
lien, and Attorney Collins believed the odds would be good if the property would sell for more
than the First Note.
12.B. EMERGENCY SERVICES - NONE
12. C GENERAL SERVICES
12.C.1. SIX MONTH REVIEW, INDIAN RIVER COUNTY CODE, SECTION 105.041,
LOCAL PREFERENCE IN PURCHASING OR CONTRACTING
General Services Director Tom Frame and Purchasing Manager Jerry Davis provided the
Board with the results of the local preference policy in purchasing or contracting for the last six
months. He reported that 17 bids had been awarded with the local preference clause, and that
nine were awarded to local businesses that were the low bidders. He did not feel there were
impacts associated with the language on any of the seventeen bids, and he did not anticipate any
over the next six months.
Discussion ensued regarding bid documents meeting the "... equal to or within five
percent (5%) of the price submitted by the Apparent Low Bidder" criteria, and the efforts/costs
involved with staff's monitoring and preparation under this policy.
NO BOARD ACTION REQUIRED OR TAKEN
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
28
February 2, 2010
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION- NONE
12.1. PUBLIC WORKS - NONE
12.1.1. CONSTRUCTION CONTRACT — RANGER CONSTRUCTION INDUSTRIES, INC.
SECTOR 3 BEACH RESTORATION PROJECT
(Clerk's Note: The Board elected to hear Items 12.11. and 12.1.2. before making the
Motion, and Attorney Collins noted that he saw no conflict with Commissioner Davis voting for
Items 12.11. or 12.12.)
Public Works Director Chris Mora provided the Board with updates and history on the
Sector 3 Beach Restoration Project. He stated that the project would consist of: (1) 472,000
cubic yards of sand; (2) the sand would cover 6-1/2 miles of beach between Treasures Shore
Park and the Town of Indian River Shores; (3) the sand would be provided by upland sand mines
then delivered via truck; and (4) the project would be constructed in two phases. He also
updated the Board on the following developments of the project: (1) receipt of the Notice of
Intent to Issue (NOITI) and the Draft Joint Coastal Permit; (2) the mitigation regarding reef
damage; (3) the 14 -day publicly advertised comment period would end on Friday, February 5,
2010; (4) the preconstruction conference is scheduled for February 8, 2010; (5) the sand volume
increases and costs; and (6) Ranger's additional cost proposal to construct beach access at
Golden Sands Park.
Michael Walther, P.E., Coastal Technology Corporation, explained the definition of
"direct placement of fill," how it is associated with the initial placement of fill, and how it is
reshaped by the waves.
29
February 2, 2010
Director Mora recapped the Memorandum of January 26, 2010, recalling that on
September 8, 2009 the Board of County Commissioners had selected Ranger Construction
Industries, Inc. (Ranger) to construct the Sector 3 Beach Restoration project using an upland
sand source under the Base Bid price of $7,270,806.90. He provided a brief background
regarding the Construction Contract, and said that he expects to have the final permit on
Monday, February 8, 2010. He spoke to the funding sources, and conveyed staff's
recommendation: (1) to award construction to Ranger under the price as bid; (2) approve the
sample agreement; and (3) authorize the Chairman to execute a construction contract with
Ranger.
James Gray, Coastal Technology Corporation Engineer, explained how the commitment
from the Sebastian Inlet District (SID) is based on a unit price for fill, and that it only includes
fill placement, not additional construction tasks.
There was a brief discussion regarding the increased cost for an additional 109,000 cubic
yards of sand, and the phasing of the project changing the cost of using the new Golden Sands
Park for beach access.
The Chairman opened the floor to public comment, there being no speakers, the
Chairman closed the floor.
NO BOARD ACTION REQUIRED OR TAKEN
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
30
February 2, 2010
12.1.2. SECTOR 3 BEACH RESTORATION PROJECT, RANGER CONSTRUCTION
INDUSTRIES, INC., CONSTRUCTION CONTRACT CHANGE ORDER NO. 1
Director Mora informed the Board that subsequent to the project bidding the U.S. Fish
and Wildlife Service, U.S. Army Corps of Engineers, and the Florida Department of
Environmental Protection had added new and unexpected permit provisions requiring that the
County: (1) provide a more coarse material on the beach; (2) increase the frequency of sand
testing during the construction at the beach and mine; and (3) construct the project in two phases
over two years. Due to these additional permit requirements, Ranger contends they are forced to
add substantial costs to their original bid price, whereby Change Order No. 1 would increase the
amount by $984,502. Director Mora said that Coastal Tech had evaluated the additional costs
and determined that all were justified, with the exception of $491,360 for sand processing.
Coastal Tech conceded that Ranger had not produced enough information to justify the
additional $1.04 per cubic yard of sand, and at such time that Ranger provides sufficient
justification for additional costs for sand processing, the County will reconsider. He explained
why the Board should consider approving the amended amount of $439,093 to Change Order
No. 1, and he also provided an overall budget comparison of off -shore sand and upland sand
sources.
Bob Schafer, Vice President, Ranger Construction Industries, Inc. said the information
he received from Coastal Tech was not that they disagreed with the cost increases, but that they
wanted more information. He explained why the Change Order of $439,093 would not cover the
cost of the additional work, and emphasized that the additional work and costs incurred are the
result of what was added by the regulatory agencies, and not Ranger's fault. He clarified how
the process of digging deeper into the mines slows production, and how the longer the equipment
runs, the more costly it becomes.
There was a lengthy discussion between the Board, staff, and Mr. Schafer regarding the
process of digging deeper into the mine, additional incurred costs, staff not having enough
31
February 2, 2010
information from the Consultant to make a recommendation, and bringing this Item back to the
next meeting in order to address the remaining dollar amount on the Change Order, as well as the
additional sand needed for the template fill.
County Administrator Joe Baird emphasized that even with the additional Change Order,
the upland sand source would still be cheaper than obtaining sand from an off -shore source.
Management and Budget Director Jason Brown, affirming Administrator Baird's
comment, disclosed that the estimated cost for an off -shore sand source would be about $14.1
million, and even with Ranger's Change Order request, it would cost about $13. 5 million.
The Chairman opened the floor to public comment.
Steve Smith, Ranch Road Lake Mine of Vero Beach, justified the additional costs as
requested on the Change Order.
Commissioner Solari and Mr. Smith discussed mobilization/demobilization costs, and
the logistics of the project.
Chuck Cramer, 10761 US 1, Sebastian, commented on the distribution of the mines, the
additional costs of expanding the operation, and he felt the request was reasonable.
Dale Simchick Sebastian, emphasized that the 33% of overfill was a condition of the
permitting process that the County required, not that of the Contractor, and she asked the Board
to move the project forward quickly.
Mr. Schafer said this job was bid with a base bid and an alternate. The alternate was for
work continued past November, and the difference in the bid was $380,000. He decided to forgo
that, but the contract that he is hoping to sign now does not include the $380,000, and now he is
32
February 2, 2010
being required to build it in two phases. The remainder of the Change Order that he is looking
for is $491,000, which all goes to the sand suppliers. He stressed to the Board that everyone is
taking a financial hit (in this process) to make it work.
Joe Paladin, President, Black Swan Consulting, commented on the project changes and
the cost changes that had occurred, as well as the comparison of off shore sand versus upland
sand costs. He felt the Board should consider the additional cost since the people doing this job
has diligently done what is best for the County and have been upfront with the Board.
There being no other speakers, the Chairman closed the floor to public comment.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to: (1) award
the Contract to Ranger Construction Industries, Inc.;
(2) approve Change Order No. 1 for $439,093.00 of
Ranger's proposed $984,502; and (3) direct the County
Administrator to bring back to the Board, an adjustment to
Change Order No. 1 showing staff's recommendation for
the remainder of the sand.
Bill Glenn, 1802 East Barefoot Place, President of the Homeowners Association, felt the
upland sand source was being put through far more stringent tests than the off -shore sand source.
The Chairman CALLED THE QUESTION. The Board
unanimously: (1) awarded the Contract to Ranger
Construction Industries, Inc.; (2) approved Change Order
No. 1 for $439,093.00 of Ranger's proposed $984,502;
and (3) directed the County Administrator to bring back to
33
February 2, 2010
the Board, an adjustment to Change Order No. 1 showing
staff's recommendation for the remainder of the sand.
Director Mora addressed Vice Chairman Solari's questions regarding the proposed
number of trucks that would be used for the project (one truck per minute over the CR510
Wabasso Bridge), and the hours of operation (Monday through Friday 7:00 a.m. to 6:00 p.m.).
12.1.3. WORK ORDER No. 8 - COASTAL TECHNOLOGY CORPORATION INC.,
SECTOR 3 BEACH RESTORATION PROJECT - PHASE I CONSTRUCTION,
PHASE SERVICES AND IMMEDIATE POST -PHASE I CONSTRUCTION
MONITORING
Director Mora announced that under this Work Order, Coastal Technology Corporation,
Inc. would be providing Phase I construction engineering services, Phase I permit -required sea
turtle and shorebird monitoring, and nearshore reef monitoring for the Sector 3 Beach
Restoration Project. He reviewed the funding, reported that the Work Order was in the amount
of $738,468, and noted that the State had determined that the services identified within the Work
Order are eligible for a 50% State Cost Share, should the funding become available.
Director Mora explained the requirement for more turtle monitoring to assure DEP that
when going from Phase I to Phase II there would be no nesting rate impact due to the use of
upland sand, and that the cost would have been incurred regardless of the source.
MOTION was made by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve Work
Order No. 8 to the Contract with Coastal Technology
Corporation, Inc., and authorize the Chairman to execute
same.
34
February 2, 2010
Vice Chairman Solari wanted to know the total dollar figure for the original contract and
the eight work orders.
Staff noted the figure to total about $1,640,114.
Vice Chairman Solari asked that the Motion include that staff will provide, in the future,
an Excel Spreadsheet reflecting updates on engineering consulting fees.
Commissioner Flescher amended the Motion to include directing staff to provide a
spreadsheet of updates on engineering consulting fees, and Commissioner Davis agreed.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board: (1) approved
Work Order No. 8 to the Contract with Coastal
Technology Corporation, Inc.; (2) authorized the
Chairman to execute the Work Order; and (3) directed
staff to provide, in the future, an Excel Spreadsheet
reflecting updates on engineering consulting fees.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Chairman O'Bryan called a break at 12:59 p.m. and reconvened the meeting at 1:30 a.m.
with all members present.
12.J. UTILITIES SERVICES
12.J.1. RECOMMENDATION OF THE UTILITY ADVISORY COMMITTEE FOR THE
BOARD OF COUNTY COMMISSIONERS TO SEND A LETTER TO FLORIDA
POWER AND LIGHT REGARDING ADDITIONAL COUNTY ELECTRIC
SERVICE
35
February 2, 2010
Director of Utility Services Erik Olson recalled that on December 1, 2009, the Board
empowered the Utility Advisory Committee (UAC) with additional responsibilities to consider
and study Electric Franchise issues. During the January 14, 2010 UAC Meeting , Dr. Stephen
Faherty had made a presentation regarding the possibility of the Board approving and sending a
letter to Florida Power and Light (FP&L) expressing an interest in whether they would consider
the service to the entire unincorporated portions of Indian River County. He recommended the
Board consider the draft letter as a template to be sent to FP&L.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to move forward to
send the proposed letter to FP&L regarding additional
electric service.
Commissioner Wheeler drew attention to the eighth bullet on page 327 of the Backup,
feeling that the fair market value should specify the fair market value of the City of Vero Beach
facilities located in the unincorporated area of Indian River County.
Chairman O'Bryan mentioned, for the record, that it is his desire for the City to work out
an agreement, with the new power provider, that is equitable, fair to all parties, and resolves the
issues of the residents. However, if that does not occur, he felt the County should stand ready to
move forward and take care of the residents.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved to
move forward with sending a letter to FP&L as proposed,
clarifying their interest and answering related questions
should FP&L serve the unincorporated area of the County,
as recommended in the memorandum of January 21, 2010.
36
February 2, 2010
LETTER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.2. REUSE RATE STUDY AND ADDENDUM
Deleted
13. COUNTY ATTORNEY MATTERS
13.A. RESOLUTION RE -CONSTITUTING THE MARINE ADVISORY NARROWS
WATERSHED ACTION COMMITTEE (MANWAC) AS THE MARINE
ADVISORY COMMITTEE
Attorney Collins recapped his Memorandum dated January 18, 2010. He provided
background and staff's recommendations regarding the duties of the Marine Advisory
Committee. He suggested there be a reduced quorum since this Committee has had difficulty
getting enough members to have a majority present. Attorney Collins said a Resolution had been
prepared to repeal the Marine Advisory Narrows Watershed Action Committee (MANWAC)
Resolution and incorporate suggestions into the new duties and charges of the Committee. This
was presented for Board consideration to repeal the old MANWAC Committee, reconstitute it as
the Marine Advisory Committee, and/or to change membership.
Commissioner Davis supported citizen advisory and wanted the opportunity for the
discussion of individuals outside the realm of government to provide the Board with information
and advice. He felt Item 3.f. of the proposed Resolution should be deleted in its entirety.
Chairman O'Bryan agreed to deleting Item 311, and he also voiced support for more
citizen representation.
37
February 2, 2010
Vice Chairman Solari, after reviewing Item 5. Powers and Duties (page 352 of the
Backup), suggested the deletion of items 5.a., b., c., d., g., and h. He did not feel there needed to
be another committee in order to have better government. He proposed repealing the MANWAC
portion of the Resolution, and deleting the remainder of the document.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, to change the
proposed Resolution to: (1) retain only Item 1.
"REPEALING Resolution No. 2003-131 which had
restructured the Marine Advisory Narrows Watershed
Action Committee. "; and (2) to delete Items 2 through 8.
Chairman O'Bryan wanted this Item to be brought back to the Board next week to further
evaluate and review the Committee powers and duties.
The Chairman opened the floor to public comment. There being no speakers, he closed
the floor.
The Chairman CALLED THE QUESTION, and by a vote
of 4-1 (Chairman O'Bryan opposed), the Motion carried.
The Board approved Resolution 2010-005, as amended,
retaining only Item 1. "REPEALING Resolution No.
2003-131 which had restructured the Marine Advisory
Narrows Watershed Action Committee. "; and deleting
Items 2 through 8.
Attorney Collins conveyed that he would restructure this Resolution to repeal Resolution
No. 2003-131, and he confirmed that a new committee would not be created.
38
February 2, 2010
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN
14.B.1. DISCUSSION ITEM (REFLECTION ON COUNCILMEMBER HEADY'S CITY OF
VERO BEACH MEETING)
Vice Chairman Solari wanted the Board to know that when Councilmember Heady had
attended the Board of County Commission Meeting on January 19, 2010, he was seeking to
retain local control and cooperation in working for a solution. He showed a brief DVD clip of
Councilmember Heady at said Board Meeting, and a brief clip of the Vero Beach City Council
Meeting, that same evening, to reflect the reactions of the other Councilmembers. Vice
Chairman Solari felt there should be open, and ongoing dialog. He wanted the Board to know
that he did not feel that Councilmember Heady's cooperative attitude was shared by the other
members of the Council.
Chairman O'Bryan conveyed his appreciation to Councilmember Heady for coming
forward. He stated that as Chairman, any member of any Municipal Council is always welcome
to address the Board in an effort to keep the lines of communication open.
14. C. COMMISSIONER WESLEY S. DAVIS
14. C.1. APPOINTMENTS TO MARINE ADVISORY NARROWS WATERSHED A CTION
COMMITTEE (MANWAC)
Commissioner Davis noted that this issue was addressed under Item 13.A. County
Attorney Matters.
39
February 2, 2010
14. C.2. REQUEST FOR RESOLUTION RE CHINESE DRYWALL
Commissioner Davis said he had been approached by a Real Estate Agent who had asked
him to address the Board of County Commissioners for consideration to a Resolution of Support
to the Governor of Florida, for relief concerning Chinese drywall.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct
Attorney Collins to draft a Resolution of Support to the
Governor of Florida for relief concerning Chinese
Drywall.
Vice Chairman Solari spoke about an e-mail that he had received from Bob Westor of St.
Bart's Square, which stated that he had favored the Resolution, but later had concerns because of
the implication that all Chinese drywall is defective -- overstating the effects of contaminated
drywall. He wanted to tempo the resolution to that effect.
After a brief discussion, Vice Chairman Solari agreed to forward the e-mail that he had
received from Mr. Westor to Attorney Collins.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed the
Count Attorney to draft a Resolution of Support to the
Governor of Florida for relief concerning Chinese
Drywall, and bring it back to the Board for final approval.
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE
14. E. COMMISSIONER GARY C. WHEELER - NONE
40
February 2, 2010
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Regular Board of
County Commission Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately.
15.B. 1. APPROVAL OF MINUTES REGULAR MEETING OF DECEMBER 8, 2009
15.B.2. APPROVAL OF MINUTES REGULAR MEETING OF DECEMBER 15, 2009
15.B.3. APPROVAL OF MINUTES REGULAR MEETING OF JANUARYS, 2010
15. B. 4. AMENDMENT NO. 1 TO WORK ORDER NO. 9 TO CAMP DRESSER AND
MCKEE FOR ENGINEERING SERVICES RELATED TO THE NEW OSLO
CUSTOMER CONVENIENCE CENTER
15.B.5. WASTE TIRE PYROLYSIS DEMONSTRATION AT INDIAN RIVER COUNTY
LANDFILL
15.C. ENVIRONMENTAL CONTROL BOARD
41
February 2, 2010
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately.
15. C.1. APPROVAL OF MINUTES REGULAR MEETING OF NOVEMBER 3, 2009
15.C.2. REPORT OF ACTIVITIES FOR FIRST QUARTER FY 09/10 (OCTOBER
THROUGH DECEMBER 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
2:00 p.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: MAR 2 3 2010
BCC/LA/2010 Minutes
February 2, 2010
• i8/tr'
Peter D. O'Bryan, Chairman
42