HomeMy WebLinkAbout05/04/2010 (2)JEFFREY K. BARTON
Clerk to the Board
TpA
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
MAY 4, 2010
1. CALL TO ORDER..............................................................................................................................1
2. INVOCATION....................................................................................................................................1
3. PLEDGE OF ALLEGIANCE............................................................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS....................................2
ADDITION: ITEM S.D. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES
JOHN KING, REGARDING THE OIL SPILL IN THE GULF OF MEXICO ............................. 2
DELETION: ITEM I O.B.2. REQUEST TO SPEAK FROM FRED MENSING
REGARDING EXTENSION OF BUILDING PERMITS....................................................... 2
5. PROCLAMATIONS AND PRESENTATIONS..............................................................................2
S.A. PRESENTATION OF PROCLAMATION RECOGNIZING PEACE OFFICERS MEMORIAL
DAY MAY 10, 2010, AND POLICE WEEK MAY I OTx THROUGH MAY 16Tx 2
S.B. PRESENTATION OF PROCLAMATION RECOGNIZING FOSTER CARE MONTH MAY
2010....................................................................................................................... 2
S.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY AS
NATIONAL WATER SAFETY MONTH......................................................................... 3
I
May 4, 2010
5.D. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES JOHN KING, REGARDING
THE OIL SPILL IN THE GULF OF MEXICO.................................................................. 3
6. APPROVAL OF MINUTES..............................................................................................................3
6.A. REGULAR MEETING OF MARCH 23, 2010.................................................................. 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION - NONE................................................................................................................4
8.
CONSENT AGENDA........................................................................................................................4
8.A.
APPROVAL OF WARRANTS AND WIRES APRIL 16, 2010 TO APRIL 22, 2010 ................ 4
8.13.
DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND.......................................................... 4
8.C.
INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE, QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 03/31/2010 .................................. 5
8.D.
QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS IN ACCORDANCE WITH 318.18(13) FLORIDA STATUTES ................................. 5
8.E.
OPEB TRUST REPORT FOR THE PERIOD 10/1/09 THROUGH 03/31/10 .......................... 5
8.F.
ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVE - 4560 67TH AVENUE, VERO
BEACH................................................................................................................... 6
8.G.
APPROVAL OF FY 2010/2011 AND 2011/2012 RADIOLOGICAL EMERGENCY
PREPAREDNESS AGREEMENT (REP GRANT)............................................................. 7
8.H.
APPROVAL OF BID AWARD FOR IRC BID NO. 2010037 FORKLIFT 6000 LB
CAPACITY............................................................................................................... 7
8.I.
F.D.O.T. LOCAL AGENCY PROGRAM (LAP) AGREEMENT - FPN NO. 423186-1-
58-01 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE, OLD
DIXIE HIGHWAY SIDEWALK FROM 38TH LANE TO 65TH STREET, IRC PROJECT
No. 0845................................................................................................................ 8
8.J.
F.D.O.T. LOCAL AGENCY PROGRAM (LAP) AGREEMENT - FPN NO. 420339-1-
58-01 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE, 8TH
STREET SIDEWALK EAST OF USI TO 6TH AVENUE, IRC PROJECT NO. 0744 ................ 8
2
May 4, 2010
8.K.
APPROVAL OF WORK ORDER NO. 15 (ENGINEERING) WITH BRIDGE DESIGN
ASSOCIATES, INC., RESURFACING OLD DIXIE HIGHWAY FROM USI TO 53RD
STREET, IRC PROJECT NO. 1028..............................................................................
9
8.L.
BRIDGE DESIGN SERVICES FOR 82ND AVENUE BRIDGE OVER THE I.R.F.W.C.D.
LATERAL D CANAL (4TH STREET) - WORK ORDER NO. 16 WITH BRIDGE DESIGN
ASSOCIATES, INC., IRC PROJECT NO. 0208..............................................................
9
8.M.
SCHUMANN DRIVE/BARBER STREET ROADWAY IMPROVEMENTS - IRC PROJECT
NO. 0546 DUNKELBERGER ENGINEERING & TESTING, INC., WORK ORDER NO.
2, RELEASE OF RETAINAGE...................................................................................
10
8.N.
AWARD OF BID # 2010033, 47TH STREET ROADWAY IMPROVEMENTS EAST OF
US 1 TO TERMINUS POINT, IRC PROJECT NO. 0946 ................................................
11
8.0.
WORK ORDER NO. 2 (ENGINEERING) WITH DUNKELBERGER ENGINEERING &
TESTING, INC., LANDSCAPE IMPROVEMENTS 58TH AVENUE FROM OSLO ROAD
(9TH STREET SW) TO 16TH STREET, IRC PROJECT NO. 0916 - RELEASE OF
RETAINAGE..........................................................................................................
11
8.P.
THE FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR SECTOR 3 BEACH
RENOURISHMENT COST-SHARING..........................................................................
11
8.Q.
LITTLE MERMAID CAR WASH, INC. - 12 MONTH LEASE, TIMOTHY E. AND
JOSHANA TYNES, 1935 43RD AVENUE, VERO BEACH, FL, 43RD AVENUE
WIDENING AND IMPROVEMENTS............................................................................
12
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE .................12
10. PUBLIC ITEMS................................................................................................................................13
10.A. PUBLIC HEARING(S)......................................................................................... 13
1 O.A.1. REQUEST FROM COASTAL HEALTH SYSTEMS OF BREVARD, INC. FOR A CLASS B
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE ALS/BLS
INTERFACILITY TRANSPORTS ORIGINATING FROM INDIAN RIVER COUNTY
(QUASI-JUDICIAL)................................................................................................. 13
10.A.2. ORDINANCE AMENDMENT TO PROVIDE FOR DISSOLVING AND SUNSETTING
COMMITTEES CREATED PURSUANT TO ORDINANCES, RESOLUTION TO PROVIDE
FOR DISSOLVING AND SUNSETTING COMMITTEES CREATED PURSUANT TO
RESOLUTIONS (LEGISLATIVE)............................................................................... 16
3
May 4, 2010
10.A.3. AMENDMENT TO SECTION 100.03(4) OF THE CODE OF INDIAN RIVER COUNTY,
11. COUNTY ADMINISTRATOR MATTERS - NONE....
.26
12. DEPARTMENTAL MATTERS......................................................................................................26
CODIFYING AND PUBLISHING THE ORDINANCES TO READOPT THE CODE UP TO
COMMUNITY DEVELOPMENT - NONE......................................................................
26
AND INCLUDING SUPPLEMENT 78 (LEGISLATIVE)..................................................
23
l O.B.
PUBLIC DISCUSSION ITEMS.............................................................................
24
l O.B.1 .
REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING CODE
4TH STREET) AS A HISTORIC STRUCTURE................................................................
27
ENFORCEMENT.....................................................................................................
24
10.13.2.
REQUEST TO SPEAK FROM FRED MENSING REGARDING EXTENSION OF
GENERAL SERVICES - NONE..................................................................................
28
BUILDING PERMITS...............................................................................................
25
10.C.
PUBLIC NOTICE ITEMS.....................................................................................
25
10.C.1.
NOTICE OF SCHEDULED PUBLIC HEARINGS: .............................................................
25
10.C.1.A.
SCHEDULED PUBLIC HEARING MAY 11, 2010..........................................................
25
10.C.1.B.
SCHEDULED PUBLIC HEARING MAY 11, 2010...........................................................
25
10.C.1.C.
SCHEDULED PUBLIC HEARING MAY 18, 2010...........................................................
25
10.C.1.D.
SCHEDULED PUBLIC HEARING JUNE 8, 2010............................................................
26
10.C.1.E.
SCHEDULED PUBLIC HEARING JUNE 8, 2010............................................................
26
11. COUNTY ADMINISTRATOR MATTERS - NONE....
.26
12. DEPARTMENTAL MATTERS......................................................................................................26
12.A.
COMMUNITY DEVELOPMENT - NONE......................................................................
26
12.A.1.
BOARD CONSIDERATION OF REQUEST TO DESIGNATE THE FIRE LOOKOUT
TOWER AT THE NORTHWEST CORNER OF 43RD AVENUE AND 4TH STREET (4330
4TH STREET) AS A HISTORIC STRUCTURE................................................................
27
12.13.
EMERGENCY SERVICES - NONE..............................................................................
28
12.C.
GENERAL SERVICES - NONE..................................................................................
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 .....................................................
28
12.H.
RECREATION - NONE.............................................................................................
28
12.I.
PUBLIC WORKS.....................................................................................................
28
12.I.1.
RIGHT-OF-WAY ACQUISITION FOR COUNTY ROAD PROJECTS, RESOLUTION
2008-139..............................................................................................................
29
11
May 4, 2010
12.I.2.
STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT ...............................
31
12.J.
UTILITIES SERVICES..............................................................................................
31
12.J.1.
APPROVAL OF BID AWARD FOR IRC BID NO. 2010024, NORTH WATER
APPROVAL OF MINUTES REGULAR MEETING OF MARCH 2, 2010 .............................
37
TREATMENT PLANT RAW WATER TRANSMISSION SYSTEM ......................................
31
12.J.2.
WORK ORDER NO. 26 WITH GEOSYNTEC CONSULTANTS, INC. FOR GROUND
WORK ORDER NO. 15 TO CAMP DRESSER & MCKEE INC. (CDM) FOR PHASE I
WATER ASSESSMENT AND MONITORING PROPOSAL NORTH COUNTY WATER
SURFACE WATER AND GROUNDWATER MONITORING AND EVALUATION .................
37
PLANT..................................................................................................................
33
12.J.3.
EMERGENCY SEWER REPAIR AT 650 21ST STREET SW, APPROVAL OF
APPROVAL OF MINUTES REGULAR MEETING OF FEBRUARY 2, 2010 ........................
38
EMERGENCY WORK DIRECTIVE WITH TIMOTHY ROSE CONTRACTING, INC ..............
33
12.J.4.
CITY OF VERO BEACH, TOWN OF INDIAN RIVER SHORES AND INDIAN RIVER
COUNTY UTILITY SERVICE ANALYSIS....................................................................
34
13. COUNTY ATTORNEY MATTERS...............................................................................................3 5
13.A. PURCHASE AND SALE AGREEMENT - TOM AND LINDA WINKEL, 6650 45T"
STREET, VERO BEACH........................................................................................... 35
14. COMMISSIONER ITEMS...............................................................................................................36
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE ........................................ 36
14.13. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE .......................................... 36
14.C. COMMISSIONER WESLEY S. DAVIS - NONE............................................................. 37
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE.......................................................... 37
14.E. COMMISSIONER GARY C. WHEELER - NONE........................................................... 37
15. SPECIAL DISTRICTS AND BOARDS.........................................................................................37
15.A.
EMERGENCY SERVICES DISTRICT - NONE...............................................................
37
15.13.
SOLID WASTE DISPOSAL DISTRICT........................................................................
37
15.13.1.
APPROVAL OF MINUTES REGULAR MEETING OF MARCH 2, 2010 .............................
37
15.13.2.
APPROVAL OF MINUTES REGULAR MEETING OF MARCH 23, 2010 ...........................
37
15.13.3.
WORK ORDER NO. 15 TO CAMP DRESSER & MCKEE INC. (CDM) FOR PHASE I
SURFACE WATER AND GROUNDWATER MONITORING AND EVALUATION .................
37
15.C.
ENVIRONMENTAL CONTROL BOARD......................................................................
38
15.C.1.
APPROVAL OF MINUTES REGULAR MEETING OF FEBRUARY 2, 2010 ........................
38
May 4, 2010
15.C.2. REPORT OF ACTIVITIES FOR SECOND QUARTER FY 09/10 (JANUARY THROUGH
MARCH2010)....................................................................................................... 38
15.C.3. RELEASE OF LIEN - NATIONAL CITY BANK OF INDIANA, NATIONAL CITY BANK,
NATIONAL CITY MORTGAGE, AND NATIONAL CITY MORTGAGE CO.
ENVIRONMENTAL CONTROL HEARING BOARD CASE 453-08 ................................... 38
15.C.4. RELEASE OF LIEN - SHELBY HOMES AT OSLO, INC. ENVIRONMENTAL CONTROL
HEARING BOARD CASE 434-08.............................................................................. 38
16. ADJOURNMENT.............................................................................................................................39
3
May 4, 2010
JEFFREY K. BARTON
Clerk to the Board
May 4, 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, May 4, 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
Commissioner Davis Deputy Toddy Floyd, indian River- ,
delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman O'Bryan led the Pledge of Allegiance to the Flag.
1
May 4, 2010
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
ADDITION. ITEMS.D. UPDATE FROMDIRECTOROFEMERGENCYSERVICESJOHNKING.
REGARDING THE OIL SPILL IN THE GULF OF MEXICO
DELETION. ITEM 1O.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING EXTENSION
OF BUILDING PERMITS
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
staff.
S.A. PRESENTATION OF PROCLAMATION RECOGNIZING PEACE OFFICERS
MEMORIAL DAYMAY 10.2010. AND POLICE WEEKMAY IOTH THROUGH
MAY 16TH
Chairman O'Bryan read and presented the Proclamation to Sheriff Deryl Loar and his
S.B. PRESENTATION OF PROCLAMATION RECOGNIZING FOSTER CARE MONTH
MAY2010
Commissioner Wheeler read and presented the Proclamation to Rosanna Gonzales,
Recruiter and Outreach Director for the Hibiscus Children Center, who accepted the
Proclamation on behalf of all Indian River County foster parents.
2
May 4, 2010
S.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY
ASNATIONAL WATER SAFETYMONTH
Commissioner Flescher read and presented the Proclamation to Assistant Recreation
Director Mike Redstone and his staff. Director Redstone provided the Board with a Power Point
presentation (on file) regarding water safety.
S.D. UPDATE FROMDIRECTOROFEVERGENCYSERVICESJOHNKING.
REGARDING THE OIL SPILL IN THE GULF OF MEXICO
Emergency Services Director John King, using a PowerPoint presentation (on file),
provided an update on the April 20, 2010 oil spill, Florida's recovery efforts, current trajectory,
protective actions taken by British Petroleum (BP), and volunteer opportunities.
Chairman O'Bryan requested that Director King to continue providing the Board with
weekly updates.
6. APPROVAL OF MINUTES
F.A. REGULAR MEETING OFMARCH23. 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of March 23, 2010. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of March 23, 2010, as
written.
3
May 4, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Chairman O'Bryan requested to pull Items 8.F. and 8.P. for discussion; and
Commissioner Davis requested to pull Item 8.L. for discussion.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Consent Agenda, as amended.
S.A. APPROVAL OF WARRANTSAND WIRESAPRIL I6, 2010 TOAPRIL 22, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of April 16, 2010 to April 22,
2010, as requested in the memorandum of April 22, 2010.
8.B. DORI SLOSBERG DRIVER EDUCATIONSAFETYACT, INDIANRIVER
COUNTY TRAFFIC EDUCATION PROGRAM TR UST FUND
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously accepted
the Report from the inception of the $3 fee (October 1,
2002) through March 31, 2010, as recommended in the
memorandum of April 23, 2010.
El
May 4, 2010
8.C. INDIANRIVER COUNTYINVESTMENTADVISORY COMMITTEE. OUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 03/31/2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously accepted
the Investment Advisory Committee Quarterly Report, as
recommended in the memorandum of April 27, 2010.
8.D. OUARTERL YSUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS INACCORDANCE WITH 318.18(13) FLORIDA STATUTES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously accepted
the Quarterly Summary Report for Assessment of
Additional Court Costs, as requested in the memorandum
of April 27, 2010.
8.E. OPEB TRUST REPORT FOR THE PERIOD I0/I/09 THROUGH 03131110
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously accepted
the Other Post Employment Trust Benefits (OPEB) Trust
Report, as recommended in the memorandum of April 27,
2010. (Custodian: BNY/Mellon)
9
May 4, 2010
8.F. ACOUIsITIONOFRIGHT-OF-WAYALONG 66THA FE - 4560 67"AVENUE,
VERO BEACH
(Clerk's Note: This Item was pulled for discussion and heard following Item 13.A. and is
placed here for continuity)
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
to Table this Item until further action is taken on Agenda
Item 13.A.
Deputy County Attorney Bill DeBraal described the 4.62 acre parcel located along 66th
Avenue, north of 45th Street, acknowledged that Mr. and Mrs. Kurpil were being represented by
Attorney Ralph Evans, and that they participated in negotiations with the County and agreed to
sell the parcel for $47,150.00. He also noted this to be the last piece of right-of-way needed for
the 66th Avenue Improvement Project from SR60 to 59th Street.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, by a 4-1 vote (Chairman
O'Bryan opposed), the Board approved the Agreement for
the Purchase and Sale of Real Estate with Randy and
Linda Kurpil, for property located at 4560 67th Avenue,
and authorized the Chairman to execute same, as
recommended in the memorandum of April 26, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 4, 2010
8.G. APPROVAL OF FY201012011 AND 2011/2012 RADIOLOGICAL
EMERGENCY PREPAREDNESS AGREEMENT (REP GRANT)
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Fiscal Year 2010/2011 and Fiscal Year 2011/2012
Radiological Emergency Preparedness Agreement, and
authorized the Chairman to execute the necessary
documents, as recommended in the memorandum of April
16, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. APPROVAL OF BID AWARD FOR IRC BID NO. 2010037 FORKLIFT 6000 LB
CAPACITY
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the bid award to Randall Rents of Florida, Inc., in the
amount of $21,352.00, for the purchase of a new fork lift,
as the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid, as
recommended in the memorandum of April 23, 2010.
7
May 4, 2010
8.I. F.D.O. T. LOCAL AGENCYPROGRAM (LAP) AGREEMENT— FPNNO.
423186-1-58-01 AND RESOLUTIONAUTHORIZING THE CHAIRMAN'S
SIGNATURE, OLD DIXIE HIGHWAYSIDEWALK FROM 38THLANE TO 65TH
STREET, IRCPROJECTNo. 0845
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
approved: (1) the Local Agency Program (LAP)
Agreement; and (2) Resolution 2010-032, authorizing
execution of a Local Agency Program Agreement for the
sidewalk construction on Old Dixie Highway from 38th
Lane to 65th Street, with the State of Florida, Department
of Transportation, and providing for an effective date.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. F.D.O. T. LOCAL AGENCYPROGRAM (LAP) AGREEMENT— FPNNO.
420339-1-58-01 AND RESOL UTIONA UTHORmNG THE CHAIRMAN'S
SIGNATURE, 8TH STREET SIDEWALK EAST OF USI TO 6THAVENUE, IRC
PROJECT N0.0744
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
approved: (1) the Local Agency Program (LAP)
Agreement; and (2) Resolution 2010-033, authorizing
execution of a Local Agency Program Agreement for the
sidewalk construction on 8th Street east of USI to 6th
E
May 4, 2010
Avenue, with the State of Florida, Department of
Transportation, and providing for an effective date.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. APPROVAL OF WORK ORDER No. 15 (ENGINEERING) WITHBRIDGE
DmGNASSOCIAm, INC., RESURFACING OLD DIXIE HIGHWAY FROM
US] To 53" STREET, IRCPRo.IECTNo. 1028
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Work Order No. 15 (Engineering) with Bridge Design
Associates, Inc., authorizing the project as outlined in the
Scope of Services, for the lump sum fee of $10,955.00,
and authorized the Chairman to execute same, as
recommended in the memorandum of April 26, 2010.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. BRIDGE DESIGNSERVICES FOR 82ND AVENUE BRIDGE OVER THE
LR.F. W. C.D. LATERAL D CANAL (4TH STREET) - WoRK ORDER No. 16
WITHBRIDGEDESIGNASSOCIATES. INC., IRCPROJECTNo. 0208
Commissioner Davis requested this Item be pulled for discussion, in hopes that this
project would not follow the same scenario as the bridge project at 5th Street S.W. and 43rd
Avenue.
so
May 4, 2010
Public Works Director Chris Mora provided an update regarding the rebuilding of the 5th
Street S.W. and 43rd Avenue bridge project. He anticipated a completion date of June 2010, and
addressed questions from the Board.
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved
Work Order No. 16 (Engineering) with Bridge Design
Associates, Inc., authorizing the project as outlined in the
Scope of Services, for the lump sum fee of $81,135.00,
and authorized the Chairman to execute same, as
recommended in the memorandum of April 9, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. SCHumANN DRIVE/BARBER STREET ROADWAYIMPROVEMENTS — IRC
PROJECT NO. 0546 DUNKELBERGER ENGINEERING & TESTING, ING,
WORK ORDER NO. 2, RELEASE OF RETAINAGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
payment to Dunkelberger Engineering and Testing, Inc.,
for release of retainage in the amount of $1,586.81, as
recommended in the memorandum of April 19, 2010.
10
May 4, 2010
8.N. A WARD OF BID # 2010033, 4 7TH STREET ROAD WAYIMPROVEMENTS EAST
OF US I TO TERMINUS POINT. IRCPROJECT NO. 0946
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the contract award to Clinton Barker Land Development,
LLC, for paving, in the amount of $132,695.40, as
recommended in the memorandum of April 19, 2010.
8.0. WORK ORDER No. 2 (ENGINEERING) WITHDUNKELBERGER
ENGINEERING & TESTING, INC., LANDSCAPE IMPROVEMENTS 58TH
AVENUE FROM OSLO ROAD (9TH STREET SW) To 16TH STREET, IRC
PROJECT NO. 0916 - RELEASE OF RETAINAGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
payment to Dunkelberger Engineering and Testing, Inc.
for release of retainage in the amount of $110.60, as
recommended in the memorandum of April 20, 2010.
8.P. THE FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR SECTOR 3
BEACHRENoumHMENT COST-SHARING
Chairman O'Bryan pulled this Item to express his appreciation to the Sebastian Inlet Tax
District for partnering and cost-sharing with the County on the Sector 3 Beach Renourishment
Project.
11
May 4, 2010
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved the
First Amendment to the Interlocal Agreement for Sector 3
Beach Renourishment Cost -Sharing with the Sebastian
Inlet Tax District (SITD), in the amount of $4,680,000.00,
and authorized the Chairman to execute same, as
recommended in the memorandum of April 26, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. LITTLE MERMAID CAR WASH. INC. —12 MONTHLEASE. T'IMOTHYE. AND
.IOSHANA TYNES,1935 43RDAvENuE, PER BEACH, FL, 43RDAVENUE
WIDENING AND IMPROVEMENTS
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously granted
the 12 -month lease extension to Timothy and Joshana
Tynes (Little Mermaid Car Wash, Inc.), and authorized the
Chairman to execute same, as recommended in the
memorandum of April 28, 2010.
LEASE AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
12
May 4, 2010
10. PUBLIC ITEMS
10.A. PUBLICHEARING(S)
10.A.1. REQUEST FROM COASTAL HEALTH SYSTEMS OF BREVARD. INC. FOR A
CLASS B CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO
PROVIDE ALS/BLS INTERFACILITY TRANSPORTS ORIGINATING FROM
INDIANRIVER COUNTY (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant Fire Chief Brian Burkeen provided background regarding the request from
Coastal Health Systems of Brevard, Inc. (Coastal) for a Class B Certificate of Public
Convenience and Necessity, which would provide Advanced Life Support (ALS) and Basic Life
Support (BLS) Interfacility transports originating within Indian River County. He described the
Classes of Certificate of Public Convenience and Necessity (COPCN), and pointed out that there
are currently three providers in the County that hold the Class B Certificate. He responded to
Board questions regarding the County Ordinance, Chapter 304.07, oversaturation, transportation
fees, and call volume within the County.
Discussion ensued regarding the Certificate of Need, competition, and possibly changing
County Ordinance, Chapter 304.07, which deals with life support and wheelchair services.
The Chairman opened the Public Hearing.
13
May 4, 2010
Julia Alexander, 133 Gadsden Lane, Cocoa Beach, Representative for Coastal Health
Systems of Brevard, outlined her company's services, facilities, equipment, and performance
statistics. She spoke about Indian River County's need for transport services and the resources
her company could bring to the County. She addressed Commissioners' questions and concerns.
Charles Maymon, Chief Operating Officer for American Ambulance and All County
Ambulance Service, spoke to Chapter 401 issues, Medicare allowables, and his company's rates
and services. Although he supported free enterprise, he urged the Board to deny the application
to Coastal Health Systems of Brevard, Inc. He suggested that if the Board decides to grant the
Class B Certificate to Coastal, that they request a Needs Assessment be conducted. He thereafter
responded to questions from the Board.
Commissioner Wheeler thought it would be advantageous for the Department of
Emergency Services to be back on the road for ALS, feeling that if a patient needs transportation
they could call a private company to transport them, which would free up the ambulances and
take the County out of private competition. He suggested staff examine this and bring a report to
the Board for review.
Chief Burkeen explained the processes of moving patients to the hospital as well as
interfacility transfers.
Paula Barakos, We Care of the Treasure Coast, requested the Board base their decision
on the needs of the County. She supported competition, but questioned why Coastal Health
Systems of Brevard, Inc. would be allowed to service Indian River County while she was denied
access to Brevard County.
Discussion ensued regarding the applications, Coastal's ability to serve the public,
competition, and need of services.
14
May 4, 2010
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Class B Certificate of Public Convenience and
Necessity be granted to Coastal Health Systems of
Brevard, Inc., to provide ALS/BLS Interfacility transports
originating from Indian River County.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously directed
staff to bring to the Board, a review of Indian River
County Code, Chapter 304, Life Support and Wheelchair
Services, with more of an emphasis on qualification than
need.
There was a brief discussion on how the Ordinance should be addressed if an application
is received before the rewrite, and the qualification requirements of the licensing process.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously directed
staff to bring to the Board, an analysis that addresses the
pros and cons of ALS versus BLS Interfacility Transports,
and a cost benefit analysis.
The Chairman called a Break at 10:39 a.m. and reconvened the meeting at 10:51 a.m.
with all members present.
15
May 4, 2010
1 O.A. Z ORDINANCE AMENDMENT TO PROVIDE FOR DISSOL VING AND
SUNSETTING COMMITTEES CREATED PURSUANT TO ORDINANCES,
RESOL UTION TO PROVIDE FOR DISSOLVING AND SUNSETTING
COMMITTEES CREATED PURSUANT TO RESOLUTIONS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Alan Polackwich recapped the Memorandum of April 27, 2010,
recalling that this issue had been brought to the Board on April 6, 2010, considering whether the
Board wanted to sunset certain advisory committees and task forces not required by law. He
explained that the following committees created by Ordinance require a change in the Ordinance
and a Public Hearing: Historic Resources Advisory Committee, Wabasso Ongoing Review Task
Force, S.R. 60 Ongoing Review Task Force, and North Barrier Island Ongoing Review Task
Force. The following committees created by Resolution do not require a Public Hearing:
Conservation Lands Advisory Committee, Utility Advisory Committee, Public Library Advisory
Board, Emergency Services District Advisory Committee, Historic Resources Advisory
Committee, Land Acquisition Advisory Committee, Parks and Recreation Committee, and
Professional Services Advisory Committee. He advised the Board to hold the Public Hearing on
the Ordinance changes, close the Public Hearing, and make a decision.
The Chairman opened the Public Hearing.
Paul Kuvshinikov, 2050 East Lakeview Drive, Sebastian, Chairman of the Historic
Resources Advisory Committee, voiced concern over his committee being dissolved/sunsetted.
He urged the Board to retain the committee, and wanted a recommendation on cost saving
measures.
16
May 4, 2010
Discussion ensued over the advantages and disadvantages of government-sponsored
committees, saving money, and the costs/expenses for various committees.
Commissioner Flescher stressed the importance of various committees, the information
they bring to the Board for better decisions, and the means for advising the Board on the interests
of the community. He believed dissolving/sunsetting the Historic Resources Advisory
Committee would eliminate a valuable process of expertise, as well as cost saving measures.
Further discussion ensued regarding committee origins, smaller government, economics,
the Board relying on existing organizations for advice, the appreciation of and for committee
volunteers, duplication and broadening the scope of certain committees, the operation of
private/public committees, the cost involved for staff to attend committees, and designating ad
hoc, growth awareness, and/or task force committees to deal with the issues.
Barbara Drndak, 406 33rd Avenue S.W., was in attendance for the fire tower issue, Item
12.A. I., but decided to speak in support of Citizen Advisory and Ad Hoc committees. She felt
commissions and advisory committees were a way to give to the local community, and the
essence of good local government. She urged the Board to consider the committees as the
public's opportunity to participate in their government, reiterated that it provides the Board with
an opportunity to hear a synopsis and recommendation of issues without staff having to sit
through the committee meetings, and asked the Commissioners to implement a format that would
allow individuals to bring their issues directly to the Board.
Ms. Drndak endorsed the preservation of the fire tower located at the northwest corner
of 4th Street and 43rd Avenue, and indicated a willingness to organize a "Friends of the Tower"
volunteer group to assist with funding issues. She said her intent was for the property to be
recognized as a historic site, and ensure that the tower is registered with the National Historic
Lookout Register, as well as the Florida Master Site File of the Florida Division of Historic
Preservation.
17
May 4, 2010
A brief discussion ensued regarding fire tower concerns, committee participation,
Commission accessibility, and procedures for bringing issues to the Board.
Dale Simchick, 766 S. Easy Street, Sebastian, believed peoples' passion is not of a
special interest group or tower, but rather the involvement in government and policy, and she
asked the Commissioners to remember their passions when they review the policies and
committees. She supported streamlining and limiting government, and wished for the Board to
consider cost-cutting to preserve some of the committees involved with the Board's policy
making. She encouraged the Commissioners to consider having the Committees meet quarterly,
and/or project out for one year (prior to sunsetting) so staff can direct the committees to review
their mission statement, wrap up, make final recommendations, provide a summary as to what
they had accomplished, and to submit a plan.
Glenn Heran, 6985 57th Street supported sunsetting committees, smaller government,
and using less staff time. He felt the Board was completely accessible, and that those individuals
who feel passionate about certain issues should form their own individual committees.
There being no other speakers, the Chairman closed the Public Hearing.
MOTION was made by Vice Chairman Solari,
SECONDED by Commissioner Davis, to sunset the
following committees: (1) Historic Resources Advisory
Committee, (2) Wabasso Ongoing Review Task Force,
(3) S.R. 60 Ongoing Review Task Force, and (4) North
Barrier Island Ongoing Review Task Force.
Commissioners Davis, O'Bryan, Solari, and Wheeler, expressed their individual views
and support for sunsetting the four committees.
In
May 4, 2010
Commissioner Flescher opposed sunsetting the committees, feeling it would be too
drastic. He believed sunsetting the committees would send a negative message to those who
have volunteered and brought expertise to the Board's decision making. He wanted the
committees to meet annually and remain intact.
Attorney DeBraal explained why the Historical Resources Advisory Committee was
listed twice in the draft Ordinance.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Flescher opposed), the Motion
carried. The Board adopted Ordinance 2010-009,
repealing Section 902.06, Historic Resources Advisory
Committee; amending Sections 911.18(3)(c)3.,
911.18(9)(d)(2)c and 911.18(9)(k)(4) Wabasso Ongoing
Review Task Force; amending Sections 911.19(3)(a)6.
and 911.19(14) S.R. 60 Ongoing Review Task Force;
amending Section 911.20(3)(c)2. and 911.20(12)(k)(4)
North Barrier Island Ongoing Review Task Force;
amending Section 911.21(3)(B)3. Roseland Corridor
Regulations; amending Section 911.22(3)4 Other
Corridors Special Development Regulations; amending
Section 933.04. Power and Authority Pertaining to
Historical and Archaeological Resource Protection;
amending Section 933.11(4) Incentives for Historic
Preservation; by sunsetting the Committees authorized by
said Ordinances; providing for conflicts; providing for
severability; and providing for effective date.
19
May 4, 2010
The Chairman called a Break at 11:57 a.m. and reconvened the meeting at 1:15 p.m.
with all members present.
Attorney Polackwich announced that the Board would now consider the Advisory
Committees created by Resolution.
Chairman O'Bryan named the following Advisory Committees being considered for
dissolution/sunsetting: Conservation Lands Advisory Committee, Utility Advisory Committee,
Public Library Advisory Board, Emergency Services District Advisory Committee, Historic
Resources Advisory Committee, Land Acquisition Advisory Committee, Parks and Recreation
Committee, and Professional Services Advisory Committee.
MOTION WAS MADE by Vice Chairman Solari, to
sunset the committees created by Resolution.
Chairman O'Bryan asked Vice Chairman Solari to hold his motion since Commissioner
Davis wanted to discuss this item, and he agreed.
Commissioner Davis voiced concerns over consolidating the committees. He was not
opposed to sunsetting committees, but was uncertain whether this was the right thing to do at this
time.
Discussion ensued between the Board and staff regarding consolidating, reorganizing,
enlarging, eliminating, and possibly forming new and diverse committees.
The Chairman opened the Public Hearing.
20
May 4, 2010
Jens Tripson, 2525 14th Street, former Chairman and current member of the
Conservation Lands Advisory Committee, appreciated what the Board was trying to do to cut
expenses and consolidate committees. He requested the Board keep the Conservation Lands
Advisory Committee intact.
Vice Chairman Solari felt committees should be need -driven. He suggested sunsetting all
committees, sending out e-mails thanking the committee members for their work, and asking
them to come to the Board with their committee's key tasks, so the information could be
reviewed for consolidation into one committee.
Mr. Kuvshinikov sought and received clarification on the timeframe of Vice Chairman
Solari's suggestion.
Chairman O'Bryan noted that some committees have not had an opportunity to meet
since this topic was noticed, and felt it might be best to let the committee members have one
more meeting so they can discuss this and come to a consensus.
Attorney DeBraal said it would be permissible for the Board, by Resolution, to sunset
these committees in 45 or 60 days to allow them to meet one last time.
Commissioner Wheeler suggested sunsetting the committees, moving forward with
consolidation, and coming up with a diverse group of people that would want to volunteer.
Chairman O'Bryan wanted to sunset the committees 60 days from today, allowing them
to meet as a group and come to a consensus.
Milt Thomas, 686 Glenview Terrace, Chairman of the Public Library Advisory Board,
explained the library system, supported committee consolidation, and requested the Board not
dissolve the Public Library Advisory Board Committee.
21
May 4, 2010
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler to sunset all the
committees created by Resolution in 60 days.
Vice Chairman Solari suggested the Staff Assistants put together one more meeting
within said timeframe, ask the committee members to discuss and report their key issues, and
decide whether there needs to be one or two new committees to address those issues.
Commissioner Wheeler sought and received information pertaining to the Public Library
Advisory Board Committee and funds raised through the "Friends of the Library".
Attorney Polackwich pointed out that the first half of Vice Chairman Solari's Motion
should be in the form of adopting the Resolution, and making the adoption effective 60 days
from today's meeting.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Commissioner Wheeler to approve
Resolution 2010-034, as amended, dissolving and
sunsetting the following Advisory Committees established
by Resolution in 60 days from Mav 4, 2010: Conservation
Lands Advisory Committee, Utility Advisory Committee,
Public Library Advisory Board, Emergency Services
District Advisory Committee, Historic Resources
Advisory Committee, Land Acquisition Advisory
Committee, Parks and Recreation Committee, and
Professional Services Advisory Committee.
22
May 4, 2010
The Chairman CALLED THE QUESTION, and by a vote
of 4-1 vote (Commissioner Flescher opposed), the Motion
carried.
IO.A.3. AMENDMENT TO SECTION 100.03(4) OF THE CODE OFINDIANRIVER
COUNTY. CODIFYING AND PUBLISHING THE ORDINANCES TO READOPT
THE CODE UP TO AND INCL UDING SUPPLEMENT 78 (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
•i a a to *43 0 0 • I Ito _ I I A 11• go69_ C•:C_o
Attorney Polackwich explained that Florida Law requires the Board to codify and publish
all Ordinances annually. He said the last time this was done the Ordinances were codified
through Supplement 65, as published by the Municipal Code Corporation, and now the County
needs to codify and publish the Ordinances up to and including Supplement 78, which requires a
Public Hearing.
The Chairman opened the Public Hearing; there being no speakers, the Chairman closed
the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously adopted
Ordinance 2010-010, amending Section 100.03(4) of the
Code of Indian River County ("the Code"), codifying and
publishing the Ordinances up to and including Supplement
78 thereto, readopting the Code, designating the Code as
the best evidence of the current law of Indian River
23
May 4, 2010
County, Florida, and providing for severability,
codification, and an effective date.
IO.B. PUBLIC DISCUSSIONITEMS
IO.B.I. REOUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING CODE
ENFORCEMENT
William Wells, 8800 44th Avenue, spoke about his frustration in an attempt to acquire a
survey and garage permit, as well as information regarding dock setbacks. He provided the
Board with a copy of the Letter of Concurrence for Setback Waiver (on file), and felt it was time
to bring this situation to a close.
Commissioner Flescher explained the details regarding Mr. Wells' neighbor, boat, and
dock concerns, how he had brought them before the Board last year, and how staff had met with
him on several occasions to address his concerns. He invited staff to verify the outcome of the
meetings and the discussions that had taken place.
Director Keating provided explanations relative to Mr. Wells' concerns and pointed out
that staff had adequately addressed his concerns at subsequent meetings.
Chief of Environmental Planning and Code Enforcement Roland DeBlois revealed that
the County's minimum dock setbacks, as in Mr. Wells' case, are actually less than that of
Department of Environmental Protection (DEP).
Commissioner Flescher indicated that there would be an opportunity for Mr. Wells to
meet with staff during the May timeframe to review what staff has done.
NO BOARD ACTION REQUIRED OR TAKEN
24
May 4, 2010
10.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING EXTENSION OF
B UILDING PERMITS
Deleted
10. C. PUBLICNOTICE ITEMS
10. C. I. NOTICE OF SCHEDULED PUBLIC HEARINGS:
10.C1.A. SCHEDULEDPUBLICHEARINGMAYII, 2010
COUNTYINITIATED REQUEST: REVIEW OF THE PROPOSED EAR
(EVALUATIONAND APPRAISAL REPORT)BASED AMENDMENTS TO THE
INDIANRIVER COUNTY COMPREHENSIVE PLAN FOR TRANSMITTAL OF THE
FLORIDA DEPARTMENT OF COMMUNITYAFFAIRS (DCA) FOR REVIEW
(LEGISLATIVE)
10.C:LB. SCHEDULEDPUBLICHEARINGMAYII, 2010
DIVOSTA HOMES, L.P.'S REQUEST FOR A CHANGE TO THE WATERWAY
VILLAGE DRI DEVELOPMENT ORDER AND DEVELOPER'S AGREEMENT TO
IMPLEMENT A SETTLEMENT AGREEMENT (OUASI-JUDICIAL
10. C:1. C. SCHEDULED PUBLIC HEARING MAY 18, 2010
COUNTYINITIATED REQUEST: AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OFINDIANRIVER COUNTY, FLORIDA AMENDING TITLE
X, IMPACT FEES. OF THE CODE OF INDIAN RIVER COUNTY. AMENDING
CODE SECTION 1000.09 "PAYMENT". TO ALLOW FOR PAYMENT OF IMPACT
FEES AT THE CERTIFICATION OF OCCUPANCY (CO) TIME: AND.
25
May 4, 2010
PROVIDING FOR CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE
(LEGISLATIVE)
1O. C.I.D. SCHEDULED PUBLIC HEARING JUNE 8.2010
CORRIGAN ET AL'S REO UEST TO AMEND THE COMPREHENSIVE PLAN'S FUTURE LAND
USE ELEMENT POLICIES 1.22 AND 1.36 TO ALLOW FOR EXPANSION OF
COMMERCIAL/INDUSTRIAL NODES FOR LARGE SCALE
RESEARCHITECHNOLOGYIINDUSTRIAL PARKS AND TO INCREASE THE SIZE AND USE
ALLOWANCES OF THE COMMERCIAL/INDUSTRIAL DESIGNATED PROPER TY LOCA TED AT
THE NORTHEAST CORNER OF SR 60 AND 102ND A VENUE (LEGISLATIVE)
IO. C.I.E. SCHEDULED PUBLIC HEARING JUNE 8.2010
CORRIGAN ET AL'S REO UEST TO AMEND THE COMPREHENSIVE PLAN TO EXPAND THE
COUNTY'S URBAN SER VICE AREA (USA) AND TO REDESIGNATE f 6%4.1 %ACRES
LOCATED WEST OF 102ND AVENUE AND NORTH OF S.R. 60 FROMAG-2.
AGRICULTURAL -2 (UP TO 1 UNIT/10 ACRES). TO CII, COMMERCIALIINDUSTRIAL;
(LUDA 2010010038-64921) (LEGISLATIVE)
County Attorney Polackwich read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT - NONE
26
May 4, 2010
12.A.1. BOARD CONSIDERATION OF REQUEST TO DESIGNATE THE FIRE
LOOKOUT TOWER AT THE NORTHWEST CORNER OF 43" AVENUE AND 4TH
STREET (4330 4TH STREET) ASA HISTORIC STRUCTURE
Environmental Planning and Code Enforcement Chief Roland DeBlois, using a
PowerPoint Presentation (on file) provided description and conditions related to the fire tower
located on a ±4 acre property at the northwest corner of 43rd Avenue and 4th Street, which the
County had purchased in January 2010 for a future fire station. He described the tower, its
condition, the criteria used for a historic designation, potential costs/funding, and consensus that
the tower and small office building near the base of the tower is situated in a manner that would
allow for the development of a future fire station, while still preserving the structures.
Discussion ensued regarding an anticipated timeframe for the new fire station, the cost of
maintaining the tower and bringing it up to hurricane standards, asking staff to be cooperative
regarding access to the property, preserving the small office building, and giving Ms. Drndak
one year to come up with an organization or "Friends of the Tower" group that would raise
money for the maintenance and preservation of the tower.
(Clerk's Note: Barbara Drndak attended the meeting to address this Item, but instead
she spoke under Item IO.A.2)
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, directing staff to
not dismantle the fire tower for one (1) year, and for staff
to be cooperative in granting access to the property for
inspections.
27
May 4, 2010
Emergency Services Director John King emphasized that the tower was designed as a
workers' tower, not for public access or for the attachments of antennas or coaxial cables, and for
safety reasons he encouraged the Board to not allow either.
Mr. Kuvshinikov said that he had learned from lookouts.us, that the fire tower does not
need to be accessible to fall under the historic preservation guideline.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed staff to
not dismantle the fire tower for one (1) year, and for staff
to be cooperative in granting access to the property for
inspections.
12.B. EMERGENCYSERVICES - NONE
12. G GENERAL SERVICES - NONE
12.D. HUMANRESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SER VICES -NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET- NONE
12.K RECREATION -NONE
12.L PUBLIC WORKS
May 4, 2010
12.L1. RIGHT-OF-WAYACOUISITIONFOR COUNTYROAD PROJECTS.
REsoL noN 2008-139
Public Works Director Chris Mora using a PowerPoint Presentation (on file), recapped
his memorandum dated April 26, 2010 (on file). He provided background and analysis regarding
Resolution 2008-139, the County Right -of Way Acquisition Resolution that right-of-way
structure and procedures are based upon. He listed the road projects in priority order (see
below), indicated that right-of-way was acquired and funding was in place for Projects 1-3, and
that Projects 4-8 had right-of-way or permitting issues remaining. He described the alternatives,
conveyed staff's recommendation, and requested direction from the Board.
(1) Oslo Road between 43rd Avenue and 27th Avenue
(2) 53rd Street between 58th Avenue and Indian River Boulevard
(3) 26th Street between 82"d Avenue and 74th Avenue
(4) Oslo Road between 58th Avenue and 43rd Avenue
(5) 26th Street between 43rd Avenue and US 1,
(6) 66th Avenue between 4th Street and 16th Street
(7) 43rd Avenue between 18th Street and 26th Street
(8) 66th Avenue between SR60 and 41't Street
Discussion ensued regarding long-range projections, roadway plans at 60% design,
pending Notices to Owners, declining revenues, and road priorities.
The Chairman opened the floor to public comments.
Joseph Paladin, Black Swann Consulting, wanted staff to provide a time schedule as to
when the projects would be starting, using Developer Agreements in the future, and rescinding
the Notice to Owners on the projects that had been moved out of the program.
29
May 4, 2010
Vice Chairman Solari felt that supporting staff's recommendation would help the level of
service over the next few years.
Director Mora stressed that focusing on the aforementioned road projects, and not
purchasing right-of-way on projects that are not needed, would allow the County to meet the
level of service standard.
Ralph Evans, Stewart, Evans, Stewart and Emmons, Esquire, 3355 Ocean Drive,
representing two clients, felt there was an injustice to property owners, who at the end of 120
days continued to negotiate with the County, and now feel they are being penalized because they
did not say "no" to the County.
Deputy County Attorney Bill DeBraal believed it was best for the County to differentiate
between the individuals who have been actively negotiating with the County, and those who
have been content to just wait.
Discussion ensued regarding the implementation of a policy and/or contract, the contract
terms grandfathering certain individuals, and cutting road projects due to the economic
downturn.
Management and Budget Director Jason Brown defined the need for modifying
Resolution 2008-139, saying that it keeps the process in place for road projects, but does not
provide the ability to make adjustments from 2004 planning, which means the County is still
buying right-of-way based on a design contract from 2004. He emphasized that if this continues,
the County will run out of money.
Commissioners Davis and Wheeler voiced concerns and wanted more time to find a
solution.
9M
May 4, 2010
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Commissioner Davis recognized the need for modifying the Resolution, but felt uncertain
about this being the correct alternative.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Davis opposed), the Motion carried.
The Board approved Resolution 2010-035, amending
policies for acquisition of right-of-way for road expansion
and improvement projects previously set out in Resolution
No. 2007-027,. 2008-116 and 2008-139; and
the Notice to Owner/Right-of-Way Recision Letter.
12.L2. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT
Director Mora, using a PowerPoint Presentation (on file), provided a staff update on the
recent progress of the Sector 3 Beach Renourishment Project.
12.J. UTILITIES SERVICES
12.11. APPROVAL OF BID AWARD FOR IRC BID NO. 2010024. NORTH
WATER TREATMENT PLANT RA w WATER TRANSMISSION SYSTEM
(Clerk's Note: This Item was heard following Item 8.J and is placed here for continuity)
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to approve
staff's recommendation.
31
May 4, 2010
Attorney Polackwich, in reviewing the Memorandum dated April 20, 2010, wanted to
ensure the Board did not unknowingly take action to release the Bid Bond, and that the Board not
release H&D (H & D) Construction, Inc. from their responsibilities or obligations on the original
bid and award.
The Commissioners sought and received details regarding the Bid Bond.
Director of Utility Services Erik Olson, noting that he had already spoken with Attorney
Polackwich, said the bid bond was valid, and as a result, the 5% bid bond would be called. He
conveyed that the contract was officially awarded and the shop drawings were received and
accepted by the consulting firm. He felt the Bid Bond to be no different than any other contract.
Based on Attorney Polackwich's recommendation that the Board not release H&D
Construction from their responsibilities, and their letter stating they cannot perform the project,
he believed it would be in the best interest of the County to move forward and award the contract
to the second lowest bidder.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to: (1) not
release H&D Construction Co., Inc. from the
responsibilities of having made and been awarded the bid;
(2) award the contract to Timothy Rose Construction, Inc.,
as the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid;
(3) approve the sample Agreement; and (4) authorize the
Chairman to execute same after receipt and approval of
the required Public Construction Bond and Certificate of
Insurance, and after the County Attorney has approved the
Agreement as to form and legal sufficiency.
32
May 4, 2010
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.12. WORK ORDER NO. 26 WITH GEOSYNTEC CONSULTANTS. INC. FOR
GROUND WATER ASSESSMENT AND MONITORING PROPOSAL NORTH
COUNTY WATER PLANT
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously authorized
Work Order No. 26 with Geosyntec for a Natural
Attenuation Monitoring Plan in the amount of $12,088.00,
as recommended in the memorandum of April 5, 2010.
RELEASE OF LIEN ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.13. EMERGENCY SEWER REPAIR AT 650 21ST STREET SW. APPROVAL OF
EMERGENCY WORKDIRECTIVE WITH TIMOTHYROSE CONTRACTING, INC.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
the Work Directive with Timothy Rose Contracting, Inc.,
in the amount of $73,422.00, for the replacement of
gravity sewer pipe along 21St Street S.W., and authorized
the Chairman to execute same, as recommended in the
memorandum of April 27, 2010.
33
May 4, 2010
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12..1.4. CITY OF VERU BEACH. TOWN OF INDIAN RIVER SHORES AND INDIAN
RIVER COUNTY UTILITY SER VICE ANALYSIS
Director Olson recapped staff's Memorandum dated April 28, 2010, providing the Board
with background relating to the possibilities/opportunities for consolidation or change in water
and sewer utility services with the City of Vero Beach and Indian River County, the proposed
Consultant's initial and modified scope of work for the project, and the related costs to
accomplish the project. He supported the selection of GAI Consultants, but not the $169,933
initial investigation fee. He felt there was a better alternative, believing that at a minimum, the
Consultant should give the County a reasonable price, take the information and provide
recommendations, and provide an efficient scenario.
The Commissioners expressed concerns regarding the interview process, the financial
feasibility of either merging the system into a regional system or the County providing services
for the franchise areas, the purpose of the Consultant, and the Board having already provided
direction and the identification of three major scenarios.
A lengthy discussion ensued between Director Olson and the Board regarding the rate
study, the Consultant's response to the County's Request for Qualifications (RFQ), holding
another meeting to reaffirm the Board's direction, and paying the installment to obtain the
requested information.
Chairman O'Bryan directed the Board's attention to the Scope of Services Proposal,
Exhibit "A", Phase 1B — Initial Analvsis, Item No. 2, on page 263 of the Backup. He suggested
the proposal be sent back to the Consultant requesting the options as listed under Item No. 2, and
to be delivered by October 1, 2010.
Im
May 4, 2010
Discussion ensued regarding the direction, the time element involved, having this done at
a reasonable and fair price, and moving forward.
MOTION was made by Vice Chairman Solari to issue the
Request for Qualifications (RFQ) to the second ranked
Consultant on the list. The Motion DIED for lack of a
Second.
Director Brown suggested staff return to GAI Consultants, request a price on Item No. 2
within an acceptable timeframe, and if both parties come to an agreement, give them another
opportunity and move forward. If that does not work, he suggested going to the second -ranked
Consultant.
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman O'Bryan, by a 4-1 vote (Vice Chairman
Solari opposed), the Board directed staff to go back to
GAI Consultants to request an evaluation/analysis of the
Town of Indian River Shores and County Franchises with
the City of Vero Beach (as presented on page 263 of the
Backup), to preferably be delivered by October 1, 2010.
13. COUNTY ATTORNEY MATTERS
B.A. PURCHASE AND SALE AGREEMENT— TOMAND LINDA WINKEL, 6650 45TH
STREET, VERO BEACH
(Clerk's Note: This Item was heard following Item 12.1.2., and is placed here for
continuity)
W,
May 4, 2010
Attorney DeBraal recapped his Memorandum dated April 26, 2010, providing
background and details of the property. He conveyed that the property owners had requested a
leaseback because the County is purchasing more than 20% of their property, and even though
there is no hard structure on the property, they want to continue using the property.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to approve the
Agreement for the Purchase and Sale of Real Estate and
Lease.
Chairman O'Bryan did not support the Motion, believing the severance damages and
costs to cure the remaining property were excessive, and not a good use of taxpayers' money.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Chairman O'Bryan opposed), the Motion carried.
The Board approved the Agreement for the Purchase and
Sale of Real Estate and Lease with Tom and Linda
Winkel, and authorized the Chairman to execute the
documents, as recommended in the memorandum of April
26, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN. CHAIRMAN - NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN- NONE
92
May 4, 2010
14.C. COMMISSIONER WESLEYS. DAMS - NONE
14.D. COMMISIONER .IOSEPHE. FLESCHER - NONE
14.E. COMMISSIONER GARY C. WHEELER - NONE
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.
1 S. B.1. APPROVAL OF MINUTES REGULAR MEETING OF MARCH 2. 201 0
15.B.2. APPROVAL OF MINUTES REGULAR MEETING OF MARCH 23, 2010
1 S. B. 3. WORK ORDER NO. 15 TO CAMP DRESSER & MCKEE INC. (CDM) FOR
PHASE I SURFACE WATER AND GROUNDWATER MONITORING AND
EVAL U4 TION
37
May 4, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
4:27 p.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved:
BCC/LA/2010 Minutes
May 4, 2010
JUN 15 1010
PJ& L K,
Peter D. O'Bryan, Chairman
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