HomeMy WebLinkAbout03/23/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MARCH 23, 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 8.C. GIFFORD COMMUNITY CENTER - ARCHITECTURAL
SERVICES WORK ORDER #2GCC 2
DELETION: 8.H. RELEASE OF RETAINAGE AND FINAL PAYMENT OF WORK
ORDER NO. MC1-REVISED WITH PENINSULA HYDROLOGIC DATA SPECIALISTS,
INC. FOR WATER QUALITY TESTING AND SUPPORT SERVICES FOR PC MAIN
MAIN RELIEF CANAL POLLUTION CONTROL SYSTEM) 2
ADDITION: 12.J.1. UPDATE ON UTILITY WATER SERVICE FOR COUNTYSIDE
NORTH 2
5. PROCLAMATIONS AND PRESENTATIONS 2
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March 23, 2010
5.A. PRESENTATION OF PROCLAMATION CELEBRATING SEBASTIAN CHARTER JUNIOR
HIGH SCHOOL'S TENTH ANNIVERSARY WITH THE APRIL 10, 2010 LATIN
FESTIVAL 2
5.B. PRESENTATION OF PROCLAMATION GUARDIAN AD LITEM MONTH 3
5.C. PRESENTATION OF PROCLAMATION INDIAN RIVER COUNTY CELEBRATING
PARENTS AND CHILDREN 3
5.D. PRESENTATION OF PROCLAMATION DESIGNATING MARCH 21 — 27, 2010 AS
BOYS & GIRLS CLUBS WEEK 3
5.E. PRESENTATION BY MARK MIDDLEBROOK, EXECUTIVE DIRECTOR, ST. JOHNS
RIVER ALLIANCE 3
6. APPROVAL OF MINUTES 4
6.A. REGULAR MEETING OF FEBRUARY 2, 2010 4
6.B. REGULAR MEETING OF FEBRUARY 9, 2010 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. PUBLIC LIBRARY ADVISORY BOARD 4
7.B. APPOINTMENT OF THE ATTORNEY REPRESENTATIVE TO THE ENVIRONMENTAL
CONTROL HEARING BOARD 5
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES - MARCH 5, 2010 TO MARCH 11, 2010 5
8.B. APPROVAL OF H.U.D. RENEWAL GRANTS TO INDIAN RIVER COUNTY,
ADMINISTERED THROUGH TREASURE COAST HOMELESS SERVICES COUNCIL,
INC 6
8.C. GIFFORD COMMUNITY CENTER - ARCHITECTURAL SERVICES WORK ORDER
#2GCC 6
8.D. ASSIGNMENT OF AGREEMENT FOR FEDERAL GRANT ADMINISTRATION
SERVICES BETWEEN INDIAN RIVER COUNTY AND KEITH AND SCHNARS, P.A. TO
CIVILSURV DESIGN GROUP, INC. 7
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March 23, 2010
8.E. FOURTH OF JULY FIREWORKS FUNDING MISCELLANEOUS BUDGET AMENDMENT
011 7
8.F. ACCEPTANCE OF EMERGENCY MANAGEMENT FEDERALLY -FUNDED SUBGRANT
AGREEMENT 10 -BG -25-10-40-01-068 8
8.G. F.D.O.T. LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT - FPN
No. 426383-1-58-01 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S
SIGNATURE LANDSCAPING ON 58TH AVENUE FROM OSLO ROAD (9TH STREET
S.W.) TO 16TH STREET IRC PROJECT No. 0916 8
8.H. RELEASE OF RETAINAGE AND FINAL PAYMENT OF WORK ORDER NO. MC1-
REVISED WITH PENINSULA HYDROLOGIC DATA SPECIALISTS, INC. FOR WATER
QUALITY TESTING AND SUPPORT SERVICES FOR PC MAIN (MAIN RELIEF
CANAL POLLUTION CONTROL SYSTEM) 9
8.I. CHANGE ORDER NO. 1 - MICHAEL SCHLITT CONSTRUCTION CORPORATION
LANDSCAPE IMPROVEMENTS TO 58TH AVENUE FROM OSLO ROAD TO 16TH
STREET IRC PROJECT #0916, BID NUMBER 2009053 FDOT LOCAL AGENCY
PROGRAM (LAP) AGREEMENT - FPN No. 426383-1-58-01 9
8.J. APPROVAL OF REQUEST FOR PROPOSAL (RFP) 2010040 10
8.K. MISCELLANEOUS BUDGET AMENDMENT 010 10
8.L. APPROVAL OF BID AWARD FOR IRC BID NO. 2010027 DEMOLITION OF Two (2)
STRUCTURES 11
8.M. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT #0370 6480 41ST STREET,
PARCEL I.D. #32-39-29-00001-0190-00002.0 PROJECT PARCEL #301 (LOCATED
EAST OF 66TH AVENUE ON 41ST STREET) OWNER: PHILLIP M. AND JOANNE A.
SEMENUCK 11
8.N. CONSIDERATION BY THE BOARD TO RESCIND RESOLUTION 2003-049 WHICH
CLASSIFIED 77TH WAY AS A "LIMITED USE RIGHT-OF-WAY" 12
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 12
9.A. PUBLIC HEARING(S) ERROR! BOOKMARK NOT DEFINED.
9.A.1. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - BUDGET AMENDMENT 12
10. PUBLIC ITEMS 13
10.A. PUBLIC HEARING(S) 13
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March 23, 2010
10.A.1. OFFICE PRODUCT'S REQUEST TO REZONE ± 0.886 ACRES FROM CH TO CG
(QUASI-JUDICIAL) 13
10.A.2. COUNTY INITIATED REQUEST TO REDESIGNATE ± 27.97 ACRES FROM L-1,
LOW-DENSITY RESIDENTIAL-1 (UP TO 3 UNITS/ACRE), AND C/I, COMMERCIAL /
INDUSTRIAL, TO C-1, CONSERVATION-1 DISTRICT (ZERO DENSITY), AND
REZONE THOSE ± 27.97 ACRES FROM A-1, AGRICULTURAL-1 DISTRICT (UP TO 1
UNIT /5 ACRES), AND CL, LIMITED COMMERCIAL DISTRICT, TO CON-1,
CONSERVATION-1 DISTRICT (ZERO DENSITY); REDESIGNATE ± 37.48 ACRES
FROM AG-1, AGRICULTURAL-1 DISTRICT (UP TO 1 UNIT/5 ACRES), AND R,
RURAL RESIDENTIAL DISTRICT (UP TO 1 UNIT / 1 ACRE), TO C-1,
CONSERVATION-1 DISTRICT (ZERO DENSITY), AND REZONE THOSE ± 37.48
ACRES FROM A-1, AGRICULTURAL-1 DISTRICT (UP TO 1 UNIT / 5 ACRES), TO
CON-1, CONSERVATION-1 DISTRICT (ZERO DENSITY); AND REDESIGNATE ±
457.86 ACRES FROM AG-2, AGRICULTURAL-2 DISTRICT (UP TO 1 UNIT /10
ACRES), TO CON-1, CONSERVATION-1 DISTRICT (ZERO DENSITY), AND REZONE
THOSE ± 457.86 ACRES FROM A-2, AGRICULTURAL-2 DISTRICT (UP TO 1 UNIT
/10 ACRES), TO CON-1, CONSERVATION-1 DISTRICT (ZERO DENSITY)
(LEGISLATIVE) 14
10.A.3. 510, LLC'S REQUEST TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE
± 6.4 ACRES FROM L-2, LOW-DENSITY RESIDENTIAL-2 (UP TO 6 UNITS/ACRE),
TO C/I, COMMERCIAL/ INDUSTRIAL, AND TO REZONE THOSE ± 6.4 ACRES FROM
RM-6, MULTI-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS / 1 ACRE), TO
CG, COMMERCIAL GENERAL; AND UNITED INDIAN RIVER PACKERS, LLC'S
REQUEST TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE ± 6.4
ACRES FROM C/I, COMMERCIAL/ INDUSTRIAL, TO L-2, RESIDENTIAL-2
DISTRICT (UP TO 6 UNITS / 1 ACRE), AND TO REZONE THOSE ± 6.4 ACRES FROM
IL, LIGHT INDUSTRIAL, TO RM-6, MULTI FAMILY RESIDENTIAL DISTRICT (UP
TO 6 UNITS / 1 ACRE) (LEGISLATIVE) 17
10.A.4. CONSIDERATION OF PROPOSED AMENDMENTS TO LDR CHAPTERS 911, 926,
AND 927 FOR LANDSCAPING AND TREE MITIGATION REGULATIONS
(LEGISLATIVE) 19
10.B. PUBLIC DISCUSSION ITEMS 21
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March 23, 2010
10.B.1. REQUEST TO SPEAK FROM DONALD PERRIN, VETERAN, REGARDING BAN ON
AIR BLOWER HAND DRIER, REQUIRE HEALTH CARDS FOR FOOD HANDLERS,
ENFORCE ENGLISH AS LANGUAGE OF U.S. CITIZENS, AND ENFORCE
IMMIGRATION LAWS 21
10.B.2. REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING CODE
ENFORCEMENT DRAINAGE ON 44TH AVENUE 22
10.C. PUBLIC NOTICE ITEMS 22
10.C.1.A. NOTICE OF SCHEDULED PUBLIC HEARING APRIL 5, 2010 23
10.C.1.B. NOTICE OF SCHEDULED PUBLIC HEARING APRIL 20, 2010 23
11. COUNTY ADMINISTRATOR MATTERS - NONE 23
12. DEPARTMENTAL MATTERS 24
12.A. COMMUNITY DEVELOPMENT 24
12.A.1. CONSIDERATION OF INEOS NEW PLANT BIOENERGY LLC'S REQUEST FOR A
LOCAL JOBS GRANT 24
12.A.2. CONSIDERATION OF AMENDING THE INDIAN RIVER COUNTY CODE TO CHANGE
THE COLLECTION OF IMPACT FEES FROM BUILDING PERMIT ISSUANCE TO
CERTIFICATE OF OCCUPANCY 25
12.B. EMERGENCY SERVICES - NONE 27
12.C. GENERAL SERVICES - NONE 27
12.D. HUMAN RESOURCES - NONE 27
12.D.1. REQUEST FOR QUALIFICATIONS FOR HEALTH INSURANCE/EXCESS LOSS
REINSURANCE BROKERAGE AND ACTUARIAL SERVICES - COMMITTEE
RECOMMENDATIONS 27
12.E. HUMAN SERVICES - NONE 28
12.F. LEISURE SERVICES - NONE 28
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 28
12.H. RECREATION - NONE 28
12.I. PUBLIC WORKS 29
12.I.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 29
12.I.2. SECTOR 3 BEACH RESTORATION PROJECT, CHANGE ORDER NO. 1, RANGER
CONSTRUCTION INDUSTRIES, INC. 29
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March 23, 2010
12.I.3. SECTOR 3 BEACH RESTORATION PROJECT, CHANGE ORDER No. 2, RANGER
CONSTRUCTION INDUSTRIES, INC. 32
12.J. UTILITIES SERVICES NONE 34
12.J.1. ADDITION: UPDATE TO COMMISSION ON UTILITY WATER SERVICE FOR
COUNTYSIDE NORTH 34
13. COUNTY ATTORNEY MATTERS 34
13.A. CONSIDERATION OF THE PROPOSED SETTLEMENT BETWEEN INDIAN RIVER
COUNTY AND GROVE LAND UTILITIES 34
14. COMMISSIONER ITEMS 35
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 35
14.A.1. SPACE PROGRAM RESOLUTION 35
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE 36
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 36
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE 36
14.E. COMMISSIONER GARY C. WHEELER - NONE 36
15. SPECIAL DISTRICTS AND BOARDS 36
15.A. EMERGENCY SERVICES DISTRICT 36
15.A.1. APPROVAL OF MINUTES REGULAR MEETING OF DECEMBER 8, 2009 36
15.A.2. APPROVAL OF MINUTES REGULAR MEETING OF DECEMBER 15, 2009 36
15.A.3. APPROVAL OF MINUTES REGULAR MEETING OF JANUARY 19, 2010 36
15.A.4. EMERGENCY SERVICES STATION 9, CHANGE ORDER No. 3 - DIRECT
PURCHASES 36
15.B. SOLID WASTE DISPOSAL DISTRICT 37
15.B.1. APPROVAL OF MINUTES REGULAR MEETING OF FEBRUARY 2, 2010 37
1 5.B.2. WORK AUTHORIZATION No. 4 - FINAL PAY TO GEOSYNTEC CONSULTANTS,
INC. FOR ENGINEERING SERVICES WITH THE DESIGN AND PERMITTING FOR
SEGMENT 3 CLASS I LANDFILL 37
15.B.3. WORK AUTHORIZATION No. 16 AND AMENDMENT NO. 1 - FINAL PAY TO
GEOSYNTEC CONSULTANTS, INC. FOR ENGINEERING SERVICES WITH THE
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March 23, 2010
CONSTRUCTION OF VERTICAL EXPANSION AND PARTIAL CLOSURE OF THE
CLASS I LANDFILL 37
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 37
16. ADJOURNMENT 38
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March 23, 2010
JEFFREY K. BARTON
Clerk to the Board
March 23, 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, March 23, 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 Alan S. Polackwich, Sr., 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
Pastor Roger Ball, Immanuel Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Davis led the Pledge of Allegiance to the Flag.
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March 23, 2010
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to the Agenda:
DELETION: ITEM 8.C. GIFFORD COMMUNITY CENTER - ARCHITECTURAL SERVICES WORK
ORDER #2GCC
DELETION: 8.H. RELEASE OF RETAINAGE AND FINAL PAYMENT OF WORK ORDER No. MC1-
REVISED WITH PENINSULA HYDROLOGIC DATA SPECIALISTS, INC. FOR WATER
QUALITY TESTING AND SUPPORT SERVICES FOR PC MAIN (MAIN RELIEF CANAL
POLLUTION CONTROL SYSTEM)
ADDITION: 12..7.1. UPDATE ON UTILITY WATER SERVICE FOR COUNTYSIDE NORTH
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION CELEBRATING SEBASTIAN CHARTER
JUNIOR HIGH SCHOOL'S TENTH ANNIVERSARY WITH THE APRIL 10, 2010
LATIN FESTIVAL
Commissioner Flescher read and presented the Proclamation to Principal Dr. Martha
McAdams and Chairman of the Board John Rivera, who accepted the Proclamation on behalf of
the Sebastian Charter Junior High School. They provided details for the upcoming Latin Music,
Film and Food Festival, scheduled for April 10, 2010 from 11:00 a.m. until 10:00 p.m., at the
Indian River County Fairgrounds.
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March 23, 2010
S.B. PRESENTATION OF PROCLAMATION GUARDIAN AD LITEM MONTH
Commissioner Wheeler read and presented the Proclamation to Doris Plym, who
accepted the Proclamation on behalf of the Guardian Ad Litem Program.
5.C. PRESENTATION OF PROCLAMATION INDIAN RIVER COUNTY CELEBRATING
PARENTS AND CHILDREN
Chairman O'Bryan read and presented the Proclamation to Jackie Jackson, Executive
Director of the Early Learning Coalition, who accepted the Proclamation on behalf of all Indian
River County Parents and Children.
S.D. PRESENTATION OF PROCLAMATION DESIGNATING MARCH 21-27, 2010
AS BOYS & GIRLS CLUBS WEEK
Vice Chairman Solari read and presented the Proclamation to Alex Soares, who accepted
the Proclamation on behalf of the Boys and Girls Clubs of Indian River County.
S.E. PRESENTATION BY MARK MIDDLEBROOK, EXECUTIVE DIRECTOR, ST.
JOHNS RIVER ALLIANCE
Mark Middlebrook provided the Board with a brief update on the St. Johns River
Alliance. He urged the Board to support two Resolutions - one would support the creation of the
St. Johns River license plate, and the second would convert the American Heritage River
Initiative into an American Heritage Federal Program. He also petitioned the Board for County
annual dues in the amount of $2,500.00.
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March 23, 2010
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF FEBRUARY2, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of February 2, 2010. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of February 2, 2010,
as written.
6.B. REGULAR MEETING OF FEBRUARY 9, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of February 9, 2010. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of February 9, 2010,
as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. PUBLIC LIBRARY ADVISORY BOARD
Noted for the record was the election of Milt Thomas as Chairman and Eddie Hudson as
Vice Chairman for the year 2010.
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March 23, 2010
7.B. APPOINTMENT OF THE ATTORNEY REPRESENTATIVE TO THE
ENVIRONMENTAL CONTROL HEARING BOARD
Noted for the record was the nomination of Cynthia VanDeVoorde Hall as the appointed
Attorney Representative to the Environmental Control Hearing Board.
8. CONSENT AGENDA
Chairman O'Bryan requested to pull Items 8.E. and 8.J. from the Consent Agenda for
discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES — MARCH S, 2010 TO MARCH 11,
2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of March 5, 2010 to March 11,
2010, as requested in the memorandum of March 11,
2010.
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March 23, 2010
8.B. APPROVAL OF H. U.D. RENEWAL GRANTS TO INDIAN RIVER COUNTY,
ADMINISTERED THROUGH TREASURE COAST HOMELESS SERVICES
COUNCIL. INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the six new Housing and Urban Development (HUD)
Grant Agreements (Alcohope Renewal, Transitional
Housing Renewal, HMIS Expansion Renewal, New
Chronics (aka Shelter Plus Care Renewal), New Horizons
1, Continuum of Care HMIS Renewal); and authorized the
Chairman to execute accordingly, as requested in the
memorandum of March 17, 2010.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. GIFFORD COMMUNITY CENTER —ARCHITECTURAL SERVICES WORK
ORDER #2GCC
Deleted
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March 23, 2010
8.D. ASSIGNMENT OF AGREEMENT FOR FEDERAL GRANT ADMINISTRATION
SERVICES BETWEEN INDIAN RIVER COUNTY AND KEITH AND SCHNARS,
P.A. TO CIVILSURV DESIGN GROUP, INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Chairman to execute the Consent to
Assignment form and forward it to CivilSury Design
Group, Inc., as recommended in the memorandum of
March 15, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. FOURTH OF JULY FIREWORKS FUNDING MISCELLANEOUS BUDGET
AMENDMENT 011
Chairman O'Bryan expressed support for funding the Cities of Sebastian and Vero Beach
in the amount of $2,500 each, for the fireworks event.
Vice Chairman Solari opposed the Motion, stating that he felt liberty should be a
celebration from government, not with government, and also because of the budget.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 3-2 vote (Commissioners
Solari and Wheeler opposed), the Board denied staff's
recommendation and approved funding the firework
displays for the Cities of Sebastian and Vero Beach in the
amount of $2,500 each, Resolution 2010-020, amending
the Fiscal Year 2009-2010 Budget.
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March 23, 2010
8.F. ACCEPTANCE OF EMERGENCY MANAGEMENT FEDERALLY -FUNDED
SUBGRANT AGREEMENT 10 -BG -25-10-40-01-068
(Clerk's Note: Agreement originally approved at the Board of County Commission
Meeting of October 13, 2009.)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Modification to the Federally Funded Subgrant Agreement
No. 10 -BG -25-10-40-01-068, with Indian River County
Emergency Management, and the State of Florida,
Division of Emergency Management, as recommended in
the memorandum of March 11, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. F.D.O. T LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT
- FPNNo. 426383-1-58-01 AND RESOLUTION AUTHORIZING THE
CHAIRMAN'S SIGNATURE LANDSCAPING ON 58TH AVENUE FROM OSLO
ROAD (9TH STREET S.W.) To 16T11 STREET IRC PROJECT NO. 0916
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-021, authorizing execution of a
Supplemental Agreement for the landscaping on 58th
Avenue from Oslo Road (9th Street S.W.) to 16th Street in
Indian River County.
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March 23, 2010
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. RELEASE OF RETAINAGE AND FINAL PAYMENT OF WORK ORDER No.
MCI -REVISED WITH PENINSULA HYDROLOGIC DATA SPECIALISTS, INC.
FOR WATER QUALITY TESTING AND SUPPORT SERVICES FOR PC MAIN
(MAIN RELIEF CANAL POLLUTION CONTROL SYSTEM)
Deleted
8.1. CHANGE ORDER No. 1- MICHAEL SCHLITT CONSTRUCTION
CORPORATION LANDSCAPE IMPROVEMENTS TO 58THAVENUEFROM OSLO
ROAD TO 16TH STREET IRC PROJECT #0916, BID NUMBER 2009053
FDOT LOCAL AGENCY PROGRAM (LAP) AGREEMENT - FPNNO.
426383-1-58-01
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 1 decreasing the contract amount by
$630.00 for a new contract total of $247,270.00; the
federal funds appropriated for this Florida Department of
Transportation (FDOT) Local Agency Program (LAP)
Grant are in the amount of $300,000.00 with no matching
funds required; as recommended in the memorandum of
March 3, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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March 23, 2010
8.J. APPROVAL OF REQUEST FOR PROPOSAL (RFP) 2010040
Chairman O'Bryan voiced support for the Children's Services Advisory Committee, and
the funding to provide programs for the children in Indian River County.
County Administrator Baird reported that the Children's Services Advisory Committee
had received a funding level of $768,100 for the current year, and that a recommended 20% cut
would be proposed for next year.
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously authorized the
issuance of the proposed Request for Proposal (RFP) as
approved by the Children's Services Advisory Committee,
as recommended in the memorandum of March 17, 2010.
8.K. MISCELLANEOUS BUDGET AMENDMENT 010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-022, amending the Fiscal Year 2009-
2010 Budget.
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March 23, 2010
8.L. APPROVAL OF BID AWARD FOR IRC BID No. 2010027 DEMOLITION OF
Two (2) STRUCTURES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the bid award to SRD Construction and Development
Corporation, in the amount of $7,990.00 as the lowest
most responsive and responsible bidder, meeting the
specifications as set forth in the Invitation to Bid; and
(2) the issuance of a Purchase Order after receipt of the
appropriate Certificate of Insurance, as recommended in
the memorandum of March 16, 2010.
8.M. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT #03 70 6480 41ST
STREET, PARCEL LD. #32-39-29-00001-0190-00002.0 PROJECT PARCEL
#301 (LOCATED EAST OF 66THAVENUEON 41ST STREET) OWNER:
PHILLIP M. AND JOANNE A. SEMENUCK
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the purchase of the needed right-of-way at a price of
$6,394, and authorized the Chairman to execute the
Purchase and Sale Agreement, as recommended in the
memorandum of March 1, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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March 23, 2010
8.N. CONSIDERATION BY THE BOARD TO RESCIND RESOLUTION 2003-049
WHICH CLASSIFIED 77TH WAY AS A "LIMITED USE RIGHT-OF-WAY"
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-023, rescinding Resolution No.
2003-049 to remove limited use right-of-way designation
for 77th Way (Avenue 5) from Roseland Road to 354 feet,
more or less, south of Roseland Road.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF — BUDGET AMENDMENT
Sheriff Deryl Loar requested Board approval to transfer funds from Salaries and
Operating Funds into Capital Fund. This would allow for continued operation and strategic
planning. He said he would provide a summary report when the money is moved, or as required.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the transfer of funds from the Salaries and Operating
Funds to the Capital Fund, as requested in the letter dated
March 16, 2010.
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March 23, 2010
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S)
10.A.1. OFFICE PRODUCT'S REQUEST TO REZONE ± 0.886 ACRES FROM CH TO
CG (QuAsI-JuDIcIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating reviewed his Memorandum dated March
8, 2010, and through a PowerPoint Presentation (on file) described the proposed request to
rezone ±0.886 acres, located at the from Heavy Commercial District (CH) to General
Commercial District (CG).
The Chairman opened the Public Hearing; there being no speakers, the Chairman closed
the Public Hearing.
MOTION was made by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Director Keating addressed questions from the Board.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously adopted
Ordinance 2010-003, amending the zoning Ordinance
and the accompanying Zoning Map for ± 0.886 acres
located at the southwest quadrant of U.S. Highway 1 and
Stn Street, from CH, Heavy Commercial District, to CG,
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March 23, 2010
General Commercial District; and providing codification,
severability, and effective date.
1O.A.2. COUNTY INITIATED REQUEST TO REDESIGNATE ±27.97ACRES FROM
L-1, LOW-DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACRE), AND CA,
COMMERCIAL /INDUSTRIAL, TO C-1, CONSERVATION -1 DISTRICT (ZERO
DENSITY), AND REZONE THOSE 27.97 ACRES FROMA-1,
AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5 ACRES), AND CL, LIMITED
COMMERCIAL DISTRICT, TO CON -1, CONSERVATION -1 DISTRICT (ZERO
DENSITY); REDESIGNATE y` 37.48 ACRES FROMAG-1, AGRICULTURAL -1
DISTRICT (UP TO 1 UNIT/5 ACRES), AND R, RURAL RESIDENTIAL DISTRICT
(UP TO 1 UNIT/1 ACRE), TO C-1, CONSERVATION -1 DISTRICT (ZERO
DENSITY), AND REZONE THOSE ± 37.48 ACRES FROMA-1,
AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5 ACRES), TO CON -1,
CONSERVATION -1 DISTRICT (ZERO DENSITY); AND REDESIGNATE ±
457.86 ACRES FROMAG-2, AGRICULTURAL -2 DISTRICT (UP TO 1 UNIT/10
ACRES), TO CON -1, CONSERVATION -1 DISTRICT (ZERO DENSITY), AND
REZONE THOSE f 457.86 ACRES FROMA-2, AGRICULTURAL -2 DISTRICT
(UP TO 1 UNIT/10 ACRES), TO CON -1, CONSERVATION -1 DISTRICT (ZERO
DENSITY) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Keating, using the Memorandum dated March 8, 2010, and a PowerPoint
Presentation (on file), summarized the County -initiated request to redesignate and rezone three
14
March 23, 2010
separate parcels of property to Conservation -1 (C-1), zero density. He reviewed the
Comprehensive Plan Amendment process, provided history and description of each property, and
supplied the recommendations of staff and the Planning and Zoning Commission.
The Chairman opened the Public Hearing.
Carolyn Corum, Dolores Street, Sebastian, supported the redesignation and rezoning.
There being no other speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to approve the
proposed future land use Amendment and rezoning
request by adopting the Ordinances and directing staff to
submit the Amendment to the Department of Community
Affairs (DCA) for compliance review.
Director Keating addressed Commissioner Davis's concerns regarding the management
and public access to the Corrigan 460 Tract.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board adopted:
(1) Ordinance 2010-004, amending the Future Land Use
Map by changing the land use designation for: (a)
approximately ± 27.97 acres, located at 9700 Water Vliet
Avenue Sebastian, from L-1, Low -Density Residential -1
District (up to 3 units/acre), and C/1 Commercial /
Industrial District, to C-1, Conservation -1 District (0
units/acre); and (b) approximately ± 37.48 acres, located
15
March 23, 2010
at 7775 and 7780 85th Street Vero Beach, from AG -1,
Agricultural -1 District (up to 1 unit/5 acres), and R, Rural
Residential District (up to 1 unit/acre), to C-1,
Conservation -1 District (0 units/acre); and
(c) approximately ± 457.86 acres, located approximately 2
miles west of Interstate 95 and approximately 1.5 miles
north of SR -60, from AG -2, Agricultural -2 District (up to
1 unit/10 acres), to C-1, Conservation -1 District (0
units/acre); and providing codification, severability, and
effective date; and
(2) Ordinance 2010-005, amending the Zoning Ordinance
and the accompanying Zoning Map for: (a) approximately
± 27.97 acres, located at 9700 Water Vliet Avenue
Sebastian, from A-1, Agricultural -1 District (up to 1 unit/5
acres), and CL, Limited Commercial District, to CON -1,
Conservation -1 District (0 units/acre); and (b)
approximately + 37.48 acres, located at 7775 and 7780
85th Street Vero Beach, from A-1, Agricultural -1 District
(up to 1 unit/5 acres), to CON -1, Conservation -1 District
(0 units/acre); and (c) approximately ± 457.86 acres,
located approximately 2 miles west of Interstate 95 and
approximately 1.5 miles north of SR -60, from A-2,
Agricultural -2 District (up to 1 unit/10 acres), to CON -1,
Conservation -1 District (0 units/acre); and providing
codification, severability, and effective date.
16
March 23, 2010
1O.A.3. 510, LL C'S REQUEST TO AMEND THE COMPREHENSIVE PLAN TO
REDESIGNATE ± 6.4 ACRES FROM L-2, LOW-DENSITY RESIDENTIAL -2 (UP
TO 6 UNITS/ACRE), TO C/I, COMMERCIAL/ INDUSTRIAL, AND TO REZONE
THOSE ± 6.4 ACRES FROM RM -6, MULTI -FAMILY RESIDENTIAL
DISTRICT (UP TO 6 UNITS/1 ACRE), TO CG, COMMERCIAL GENERAL; AND
UNITED INDIAN RIVER PACKERS, LL C'S REQUEST TO AMEND THE
COMPREHENSIVE PLAN TO REDESIGNATE ± 6.4 ACRES FROM C/I,
COMMERCIAL/ INDUSTRIAL, TO L-2, RESIDENTIAL -2 DISTRICT (UP TO 6
UNITS / 1 ACRE), AND TO REZONE THOSE ± 6.4 ACRES FROM IL, LIGHT
INDUSTRIAL, TO RM -6, MULTI FAMILY RESIDENTIAL DISTRICT (UP TO 6
UNITS / 1 ACRE) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Keating detailed his Memorandum dated March 8, 2010, and through a
PowerPoint Presentation (on file) requested the Board approve the two separate requests that
were made by 510, LLC and United Indian River Packers, LLC, by simultaneously swapping the
land use and zoning designations of the two properties to make the land use more efficient. He
provided history, described the parcels, and spoke about the criteria used in staff's analysis.
Discussion ensued regarding prior Motions that dealt with 86th Street right-of-way and
easements, and the criteria for expanding a commercial node, and contract zoning.
The Chairman opened the Public Hearing.
17
March 23, 2010
Bruce Barkett, 756 Beachland Boulevard, confirmed there was a temporary access
easement granted for 86th Street and that it is good for ten years, or until a land development
permit is issued.
William Wells, 8800 44th Avenue, complained about the trash and poor drainage on the
parcel of property surrounded by 44th Avenue, CR510, and 87th Avenue. He opposed the
proposed future Land Use Amendment and rezoning request.
Pat Mills, 4655 87th Street, Wabasso, voiced concerns over the flooding/drainage on her
property caused by a nearby project site; the impacts to her property, should the proposed
concrete wall on the south side of her property be erected; and traffic safety.
Chairman O'Bryan addressed Mrs. Mills' concerns and indicated that he would ask staff
to research the situation.
Mrs. Corum commented on the importance of good drainage.
There being no other speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Wheeler to
deny staff's recommendation. There was no Second and
the Motion died.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, by a 4-1 vote (Commissioner
Wheeler opposed), the Board adopted:
(1) Ordinance 2010-006, amending the Future Land Use
Map by changing the Land Use Designation for: (a)
approximately ± 6.4 acres located at 4650 85th Street,
18
March 23, 2010
Sebastian from L-2, Low Density Residential -2 District
(up to 6 units/acre), to C/I, Commercial/ Industrial
District; and (b) approximately ± 6.4 acres located at
4310 77th Street, Vero Beach from C/I, Commercial/
Industrial District, to L-2 Low Density Residential -2
District (up to 6 units/acre); and providing codification,
severability, and effective date;
(2) Ordinance 2010-007, amending the Zoning Ordinance
and the accompanying Zoning Map for: (a) approximately
± 6.4 acres located at 4650 85th Street, Sebastian from
RM -6, Multi -Family Residential District (up to 6
units/acre), to CG, General Commercial District; and (b)
approximately ± 6.4 acres located at 4310 77th Street,
Vero Beach from IL, Light Industrial District, to RM -6
Multi -Family Residential District (up to 6 units/acre); and
providing codification, severability, and effective date.
The Chairman called a Break at 10:42 a.m. and reconvened the meeting at 10:55 a.m.
with all members present.
10.A.4. CONSIDERATION OF PROPOSED AMENDMENTS TO LDR CHAPTERS 911,
926, AND 927 FOR LANDSCAPING AND TREE MITIGATION REGULATIONS
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
19
March 23, 2010
Community Planning Director Stan Boling, using a PowerPoint Presentation (on file),
recapped his Memorandum dated March 1, 2010. He provided the background and history of the
County landscape regulations, approved changes, and problems/solutions that would be
addressed by the Ordinance Amendment. He acknowledged the unanimous recommendations of
the Professional Services Advisory Committee (PSAC) and the Planning and Zoning
Commission (PZC).
In response to Commissioner Davis's query, Director Boling explained the details of the
current and proposed Ordinances as they pertain to existing vegetation on a site.
The Chairman opened the Public Hearing.
Jens Tripson, 2525 14th Street, supported the proposed Amendments.
Danny Delisle, Vero Beach, Landscape Contractor, thanked staff for their efforts on the
proposed Amendments.
The Chairman closed the Public Hearing.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously adopted
Ordinance 2010-008, concerning an amendment to its
Land Development Regulations (LDR); providing for
amendments to Chapter 911, Zoning; Chapter 926,
Landscape and Buffer Regulations; and Chapter 927, Tree
Protection and Landing Clearing; by revising foundation
planting Regulations for the Wabasso Corridor Section
911.18(3)(j); by revising Foundation Planting Regulations
for the SR 60 Corridor Section 911.19(6)(f); by revising
20
March 23, 2010
Foundation Planting Regulations for the North Barrier
Island Corridor Section 911.20(3)(j); by revising
foundation planting regulations for the Roseland Corridor
Section 911.21(3)(1); by revising foundation planting
Regulations for the other Corridors Section 911.22(5)(e);
by revising the material standards requirements in Section
926.06(1) and (3); by revising the wall landscaping
requirements in Section 926.06(9); by revising the tree
preservation credits in Section 926.07(2); by revising
required landscaping requirements adjacent to rights-of-
way in Section 926.09; by revising installation and
maintenance pruning standards in Section 926.12, and by
revising application procedure and fees in Section
927.11(1)(d)3; providing for repeal of conflicting
provisions; codification; severability; and effective date.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM DONALD PERRIN, VETERAN, REGARDING
BAN ON AIR BLOWER HAND DRIER, REQUIRE HEALTH CARDS FOR FOOD
HANDLERS, ENFORCE ENGLISH AS LANGUAGE OF U.S. CITIZENS, AND
ENFORCE IMMIGRATION LAWS
Donald Perrin, 7930 129th Street, voiced health concerns over blow driers in public
bathrooms and how airborne viruses are spread by using them, and the spread of diseases due to
the lack of health cards for food handlers in public restaurants. He also spoke about individuals
working and living in America that do not attempt to speak the English language, and illegal
aliens receiving free health care. He felt that Washington should stop those who hire and rent to
illegal aliens, and he asked the Board to take the lead in making changes.
21
March 23, 2010
NO BOARD ACTION REQUIRED OR TAKEN
10.B.2. REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING CODE
ENFORCEMENT DRAINAGE ON 44TH AVENUE
William Wells, 8800 44th Avenue, Sebastian, requested and received permission from
the Board to discuss the lack of drainage and tree maintenance on 44th Avenue, in lieu of Code
Enforcement issues. He expressed concerns over the sloping property of CR510, and how it
creates standing water on his property because there is no ditch. He requested the County
provide a drainage ditch and trim the trees away from the electrical wires.
Chairman O'Bryan pointed out that the approved land swap now allows for a drainage
easement, that staff can now evaluate the situation, and develop a master plan to deal with the
standing water.
Administrator Baird conveyed that the property of concern is County right-of-way and
that staff would evaluate the situation for possible improvements.
Commissioner Flescher stated that Florida Power and Light had been responsive, was
currently on a maintenance schedule to inspect the electrical wires, and that the trees had been
cut away from the electrical wires.
10. C. PUBLIC NOTICE ITEMS
22
March 23, 2010
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS: Two PUBLIC HEARINGS
HAVE BEEN SCHEDULED TO CONSIDER THE DESIGNAHON OF A
BROWNFIELD AREA NEAR 74TH AVENUE AND 9TH STREETS. W.
10. C 1.A. NOTICE OF SCHEDULED PUBLIC HEARING APRIL S, 2010 -
THE FIRST PUBLIC HEARING WILL BE CONDUCTED BY COUNTY AND STATE
DEPARTMENT OF ENVIRONMENTAL PROTECTION STAFF ON MONDAY,
APRIL 5, 2010 AT 6:00 P.M. IN THE PAMELA AND RUSSELL BJORKMAN
ROOM OF THE BRACKETT LIBRARY AT THE INDIAN RIVER STATE COLLEGE
MUELLER CAMPUS, LOCATED AT 6155 COLLEGE LANE, VERO BEACH,
FLORIDA
10. C 1.B. NOTICE OF SCHEDULED PUBLIC HEARING APRIL 20, 2010
THE SECOND PUBLIC HEARING WILL BE CONDUCTED AS PART OF THE
TUESDAY, APRIL 20, 2010 REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
County Attorney Alan S. Polackwich, Sr. read the Notices into the record.
Director Keating reported that the adjacent and private property owners, being part of the
Florida Brownfield Program, were sent a Notice of the Public Hearing. He announced that the
second Public Hearing would be conducted as part of the April 20, 2010 regular Board of County
Commission Meeting.
11. COUNTY ADMINISTRATOR MATTERS - NONE
23
March 23, 2010
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF INEOS NEW PLANT BIOENERGYLLC'S REQUEST
FOR A LOCAL JOBS GRANT
Director Keating reviewed his Memorandum dated March 16, 2010. He provided a brief
history and defined the details of the County's Local Jobs Grant Program, which INEOS New
Planet BioEnergy LLC (INEOS) has applied for. He conveyed that INEOS is proposing to
locate to the Ocean Spray site in Vero Beach, and that the Economic Development Council
(EDC) recommended the Board approve their application for a grant of up to $310,000. He
provided an overview of the company's eligibility, the job creation threshold, grant calculations,
the Jobs Grant Agreement, and the two job incentive programs that INEOS plans to apply for -
the Qualified Target Industry (QTI) Tax Refund, and the Brownfield Redevelopment Bonus
Refund, both requiring a 20% match from the County.
Helene Caseltine, Economic Development Director for the Indian River County
Chamber of Commerce, voiced her supported for the program, and introduced INEOS
Representative David King.
David King, President of INEOS New Planet BioEnergy LLC, stated that his company
would be the first commercial plant using the INEOS bio -advanced technology for converting
waste into ethanol and renewable power, with the first phase being related to using vegetable
waste and construction of demolition debris. He provided project status, initiatives, and project
economics. He requested the Board approve the Local Jobs Grant Application and the
Resolution.
24
March 23, 2010
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously:
(1) approved a Local Jobs Grant Agreement of up to
$310,000 for INEOS New Planet BioEnergy LLC; (2)
approved Resolution 2010-024, recommending to
Enterprise Florida that INEOS New Planet Bioenergy,
LLC be approved as a Qualified Target Industry pursuant
to s.288.106, Florida Statutes; and providing an
appropriation of $60,500 as part of a Local Jobs Grant
Program for local participation in the Qualified Target
Industry Tax Refund Program for Fiscal Years 2011/12,
2012/13, 2013/14, 2014/15, 2015/16, and 2016/17, and
providing for an effective date; and (3) authorized the
Chairman to execute the Jobs Grant Agreement with
INEOS New Planet BioEnergy LLC, after approval of the
Agreement by appropriate County staff and the County
Attorney's office.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.A.2. CONSIDERATION OF AMENDING THE INDIAN RIVER COUNTY CODE TO
CHANGE THE COLLECTION OF IMPACT FEES FROM BUILDING PERMIT
ISSUANCE TO CERTIFICATE OF OCCUPANCY
Director Keating recapped his Memorandum of March 15, 2010, recalling that at the
February 18, 2010 Economic Summit, the Board requested to change the timing of Impact Fee
payments from building permit issuance to Certificate of Occupancy (CO). He sought direction
to advertise for a Public Hearing.
25
March 23, 2010
Utilities Director Erik Olson spoke about specifics and issues pertaining to water and
sewer in the initiation phase of a project.
Discussion ensued regarding issues of notification, administration, capacity reservation,
and funding delays.
Vice Chairman Solari suggested staff review this in three years to include the assessment
of what it has cost the County, and if it had an impact on the sewer and water system.
Discussion ensued further regarding Impact Fees, capacity, water/sewer, and splitting the
Impact Fee cost.
Chairman O'Bryan asked staff to research the 20% of local governments who collect
Impact Fees at CO, find out what the impacts were, and how they were addressed.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Solari, by a vote of 3-2
(Commissioners Wheeler and Davis opposed), the Board
directed staff to move forward with a Public Hearing.
Commissioner Wheeler did not believe this would be a good use of staffs time.
Joseph Paladin, President of Black Swan Consulting, opposed the proposed change of
paying the Impact Fee at CO. He asked staff to consider separating commercial from residential
to see if anything could be done with the financing of Commercial Impact Fees.
The Chairman called a Break at 12:27p.m. and reconvened the meeting at 12:36p.m.
with all members present.
26
March 23, 2010
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.1). HUMAN RESOURCES - NONE
12.D.1. REQUEST FOR QUALIFICATIONS FOR HEALTH INSURANCE/EXCESS
LOSS REINSURANCE BROKERAGE AND ACTUARIAL SERVICES —
COMMITTEE RECOMMENDATIONS
Director of Human Resources Jim Sexton reviewed his memorandum dated March 17,
2010. He spoke about the submitted proposals, the Request for Proposal (RFQ) Committee, and
results of the ranking, and details as to why the Committee recommended the Gehring Group
over the other firms. Staff and the RFQ Committee recommended to begin negotiations with the
Gehring Group and bring back a contract to the April 13, 2010 Board of Commission Meeting
for approval. Director Sexton pointed out that as an alternative, the Board could reject all
proposals, and authorize staff to issue a RFP for Health Insurance Consultant Services through
the competitive bidding process.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, for discussion, to
authorize staff to begin negotiations with the Gehring
Group.
Commissioner Flescher observed that some applicants had supplied a pricing structure
and some had not, and he felt the information provided should have been consistent. He opposed
the recommendation and supported the alternative — to reject all proposals and authorize staff to
issue a RFP for Health Insurance Consultant Services through the competitive bidding process.
27
March 23, 2010
Administrator Baird supported the RFQ process, and provided his reasons why.
Chairman O'Bryan voiced concerns over how the numbers were tabulated for the
ranking, the rating process used by one reviewer, and offered suggestions on how to handle a tie-
breaker.
Discussion ensued between the Board and staff regarding the submission of pricing,
negotiations, and the ranking order of the top firms.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Commissioner Flescher opposed), the Board
authorized staff to begin negotiations with the Gehring
Group, and bring back a Contract for Board approval at
the April 13, 2010 Commission Meeting. In the event that
staff cannot come to terms with the Gehring Group, staff
will begin negotiations with the second ranked firm, the
Crowne Group.
12.E. HUMAN SERVICES - NONE
12. F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
28
March 23, 2010
12.1. PUBLIC WORKS
12.1.1. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT
Public Works Director Chris Mora, using a PowerPoint Presentation (on file), provided
an update to the Sector 3 Beach Renourishment Project, and answered questions from the Board.
12.1.2. SECTOR 3 BEACH RESTORATION PROJECT, CHANGE ORDER No. 1,
RANGER CONSTRUCTION INDUSTRIES, INC.
Director Mora recapped his Memorandum dated March 18, 2010, advising the Board that
Ranger Construction Industries, Inc. (Ranger) is requesting an approval of Change Order 1
because of additional permit requirements adding additional costs to their original bid. He
explained the details of the dispute regarding additional sand processing costs, the haul credit,
and Coastal Tech's proposal for two separate alternatives on how to handle Change Order No. 1
(pages 402 and 403 of the Backup). Staff had recommended approval of Alternative 2 since the
costs can be documented, and the higher haul credit is warranted.
Discussion ensued regarding documentation, using the Brian Davis Mine as a possible
source, and the truck haul credit.
Bob Schafer, Vice President, Ranger Construction Industries, Inc. explained and
defended the details of his bid.
Chairman O'Bryan recapped the history of the project and two issues of concern:
(1) the cost of the increased processing, and (2) compensation for the increased cost of the
Geotechnical engineering sampling. He stressed the need to contain the costs in moving
forward, and asked that the Board be informed immediately of any additional costs.
29
March 23, 2010
Mr. Schafer confirmed that in moving forward, and included in Phase II, the cost would
remain at $15.66 per cubic yard, which includes the mining, trucking, delivering and spreading
of the sand.
A lengthy discussion ensued by the Board regarding the verbiage of "draft" on the
Change Order, the hauling credit, whether the Brian Davis Mine sand was considered in the bid,
the change in numbers, and the delay in negotiations.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman O'Bryan, to approve Alternate
No. 1, Ranger's proposed Change Order No. 1, increasing
the total contract price from $7,270,806.90 to
$8,220,601.81. This amount includes a credit of
$117,138.94 to account for sand fill unit cost rounding and
reduced truck hauling costs due to shorter haul routes.
Discussion ensued regarding this Change Order and as well as Change Order No. 2
(under Item 12.I.3.), and locking -in the price at $15.66 per cubic yard of sand for both Phases.
Chairman O'Bryan called a Break at 1:45 p.m. and reconvened the meeting at 1:56 p.m.
with all members present. The Chairman announced that he would move forward with the
remaining items on the Agenda, and return to Items 12.1.2 and 12.1.3., after the ongoing
negotiations with staff and Ranger are completed. The Board returned to this Item at 2:19 p.m.
Director Brown provided a summary (on file) of the agreed Contract prices as follows:
• Current Contract - $7,270,807
• Change Order No. 1 (Motioned above) - $8,220,602
• Additional 33% (66,903 cubic yards at $15.66) - $1,047,701
• Total cost at 33% level ((269,640 cubic yards) - $9,268,303
30
March 23, 2010
• Change Order No. 2 (lump sum) - $304,747.77
• Additional 47,649 cubic yards at $15.66 - $746,183
• Total at 317,289 cubic yards (Phase I) - $10,319,233
Chairman O'Bryan clarified that 317,289 cubic yards of sand was for Phase I, and an
estimated quantity of 267,000 cubic yards of sand was projected for Phase II.
Director Mora said an agreement had been made with Ranger, that should the County
need the additional 33% for Phase II, they will hold the $15.66 cubic yard rate.
Mr. Schafer confirmed that the unit cost of $15.66 per cubic yard would remain for the
duration of the project.
Administrator Baird pointed out that the reduction of $117,138.94 for the truck hauling
credit was approved in the earlier Motion for Change Order No. 1.
Chairman O'Bryan once again clarified the cubic yards and contract price for both phases
of the project.
Attorney Polackwich encouraged staff to put everything in writing, approve the change
orders subject to the various conditions expressed, and allow the Public Works Department and
himself to ensure everything is in agreement.
31
March 23, 2010
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
Alternative No. 1, Ranger's proposed Change Order No.
1, increasing the total contract price from $7,270,806.90 to
$8,220,601.81. This amount includes a credit of
$117,138.94 to account for sand fill unit cost rounding and
reduced truck hauling costs due to shorter haul routes.
12.1.3. SECTOR 3 BEACH RESTORATION PROJECT, CHANGE ORDER No. 2,
RANGER CONSTRUCTION INDUSTRIES, INC.
Chairman O'Bryan summarized Change Order No. 2, saying that the 33% additional sand
volume would be 47,649 cubic yards, at a per unit price of $15.66 per cubic yard, for a total of
$304,747.77, which includes mobilization/demobilization.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman O'Bryan, to approve Change
Order No. 2 as revised.
There was a brief discussion regarding additional sand, the unit price of $15.66 per cubic
yard being applied to both phases of the project, and Attorney recommendations.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Chairman O'Bryan, to approve the
revised Change Order No. 2 to reflect 47,649 additional
cubic yards of sand at a cost of $15.66 per cubic yard,
with a lump sum payment of $304,747.77, and all sand for
Phase II will cost no more than $15.66 per cubic yard.
32
March 23, 2010
Michael Walther, P.E., Coastal Technology Corporation, suggested Change Order No. 2
reflect the additional 33% at the top of the page, and pointed out that the additional 47,649 cubic
yards of sand, both at $15.66, would yield a total contract price at $10,319.233.00.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Chairman O'Bryan, to approve:
(1) revised Change Order No. 2 to reflect 66,903 cubic
yards of sand as part of the 33% additional contract
requirement, at a unit cost of $15.66 per cubic yard;
(2) the purchase 47,649 cubic yards of sand as part of the
33% additional contract requirement, at a unit cost of
$15.66 per cubic yard; (3) to pay a lump sum of
$304,747.77 for Change Order No. 2; and (4) that all sand
in Phase II will cost no more than $15.66 per cubic yard.
The Chairman CALLED THE QUESTION and the
motion carried unanimously. The Board approved:
(1) revised Change Order No. 2 to reflect 66,903 cubic
yards of sand as part of the 33% additional contract
requirement, at a unit cost of $15.66 per cubic yard;
(2) the purchase of 47,649 cubic yards of sand as part of
the 33% additional contract requirement, at a unit cost of
$15.66 per cubic yard; (3) to pay a lump sum of
$304,747.77 for Change Order No. 2; and (4) that all sand
in Phase II will cost no more than $15.66 per cubic yard.
Chairman O'Bryan opened the floor to public comment; there being no speakers, he
closed the floor.
33
March 23, 2010
12..1 UTILITIES SERVICES -NONE
12...1. ADDITION: UPDATE TO COMMISSION ON UTILITY WATER SERVICE FOR
COUNTYSIDE NORTH
Attorney Polackwich provided background information relating to the Memorandum of
Understanding between Indian River County Utilities and Equity Lifestyles Properties, Inc. for
MHC Countryside North LLC, and concluded that after reviewing the intent of the original 1993
Agreement (with then owner Realcor-Vero Beach Associates, d/b/a Countryside North Mobile
Home Park, and the Countryside North Homeowners Association, Inc.), that nothing was
inconsistent. He provided direction to the Board, should the decision be made to change the
Agreement that was entered into on March 2, 2010.
Director of Utility Services Erik Olson anticipated an agreement between the Park and
Equity LifeStyle Properties, INC. (ELS) regarding water service and the related reading of the
water meters, within the next two weeks. If and when this occurs, staff will bring back the
memorandum, modify it and move forward.
NO ACTION REQUIRED OR TAKEN
13. COUNTY ATTORNEY MATTERS
13.A. CONSIDERATION OF THE PROPOSED SETTLEMENT BETWEEN INDIAN
RIVER COUNTY AND GROVE LAND UTILITIES
Assistant County Attorney George Glenn recapped his memorandum dated March 15,
2010, explaining Grove Land Utilities' request for certification, and concerns regarding the
potential uses that could be preempted by the Public Services Commission that would be
contrary to the Comprehensive Land Use Plan, as it relates to supplying residential development
34
March 23, 2010
in non -AG Commercial Development. He said that County Staff, the County Attorney's Office,
and Grove Land Utilities LLC now feel they have an Agreement in place that would satisfy both
parties. He described the proposed Settlement Agreement, and urged the Board's approval.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the settlement with Grove Land Utilities, authorized the
Chairman to execute the Settlement Agreement, and
authorized the County Attorney's Office to withdraw its
objection to the Public Service Commission, as
recommended in the memorandum of March 15, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN
14.A.1. SPACE PROGRAM RESOLUTION
Chairman O'Bryan requested the Board adopt a Resolution similar to one adopted in
Brevard County, urging the Florida Legislative Delegation to seek legislative support for the
United States Space Program, and Florida's continuance as an essential component of the
program.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously directed
Attorney Polackwich to bring back to the Board a
Resolution with the correct County format, under Consent
Agenda.
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March 23, 2010
14. B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE
14. C. COMMISSIONER WESLEY S. DAVIS - NONE
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER GARY C. WHEELER - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes
are being prepared separately.
15.A.1. APPROVAL OF MINUTES REGULAR MEETING OF DECEMBER 8, 2009
1 5.A.2. APPROVAL OF MINUTES REGULAR MEETING OF DECEMBER 15, 2009
15.A.3. APPROVAL OF MINUTES REGULAR MEETING OF JANUARY 19, 2010
15.A.4. EMERGENCY SERVICES STATION 9, CHANGE ORDER No. 3 - DIRECT
PURCHASES
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15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency Services
District Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately.
15.B.1. APPROVAL OF MINUTES REGULAR MEETING OF FEBRUARY 2, 2010
15.B.2. WORK AUTHORIZATION No. 4 - FINAL PAY TO GEOSYNTEC
CONSULTANTS, INC. FOR ENGINEERING SERVICES WITH THE DESIGN AND
PERMITTING FOR SEGMENT 3 CLASS I LANDFILL
15.B.3. WORKAUTHORIZATION No. 16 AND AMENDMENT NO. 1— FINAL PAY
TO GEOSYNTEC CONSULTANTS, INC. FOR ENGINEERING SERVICES WITH
THE CONSTRUCTION OF VERTICAL EXPANSION AND PARTIAL CLOSURE OF
THE CLASS I LANDFILL
15. C ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
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16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
2:38 p.m.
ATTEST:
Jef . Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: MAY 0 4 2010
BCC/LA/2010 Minutes
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March 23, 2010