HomeMy WebLinkAbout07/06/2010 (4)MINUTETTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JULY 6, 2010 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Peter D. O'Bryan, Chairman
Bob Solari, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Gary C. Wheeler
1. CALL TO ORDER
2. INVOCATION
PLEDGE OF ALLEGIANCE
District 4
District 5
District 1
District 2
District 3
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr., County Attorney
Jeffrey K. Barton, Clerk to the Board
Reverend Shelly Satran, Our Savior Lutheran
Church
Commissioner Bob Solan, Vice Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A.
Update from Director of Emergency Services, John King, Regarding the
Deepwater Horizon Oil Spill
6. APPROVAL OF MINUTES
A. Regular Meeting of May 18, 2010
July 6, 2010
PAGE
11( 139PG552
Page 1 of 7
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION PAGE
A. Survey Services Purchase Orders Processed November 3, 2009 through
June 15, 2010 (Memo No. 4)
(memorandum dated June 16, 2010) 1-3
B. Lawsuit Related to Lewis Barton Code Enforcement Board Lien
(memorandum dated June 28, 2010) 4
8. CONSENT AGENDA
A. Approval of Warrants and Wires June 11, 2010 to June 17, 2010
(memorandum dated June 17, 2010)
5-11
B. Approval of Warrants and Wires June 18, 2010 to June 24, 2010
(memorandum dated June 24, 2010) 12-22
Request to Convey Affordable Housing Property Back to Indian River
County from Every Dream Has A Price, Inc.
(memorandum dated June 23, 2010)
23-39
D. Authorization to Attend
(memorandum dated June 28, 2010) 40-47
E. IRC Bid No. 2010027, Cancellation of Original Award and Re -award
Demolition of Two (2) County Owned Structures
(memorandum dated June 16, 2010) 48-54
F. 2011 Holiday Schedule
(memorandum dated June 21, 2010) 55
G. Resolution Canceling Taxes on Property Dedicated for Right of Way — 41St
Street East of 66th from Philip M. Semenuck and Joanne A. Semenuck
(memorandum dated June 28, 2010)
56-60
H. Approval of Work Order No. 3 with Hydromentia Inc. for Monitoring and
Reporting Services for 319(h) Grant for Egret Marsh Stormwater Park
(memorandum dated June 25, 2010)
61-70
I. Developer's Posting of Escrow as its Fair Share for Joint Paving Project for
47th Street
(memorandum dated June 18, 2010)
71-80
J. Oslo Road Widening from 43`d Avenue to east of 27th Avenue, Phase 2,
Engineering Services, Kimley-Horn and Associates, Inc. Amendment No. 4
(memorandum dated June 24, 2010)
81-86
BK 139 PG 553
July 6, 2010 Page 2 of 7
8. CONSENT AGENDA
K. River Club at Grand Harbor Water Services Replacement Project, UCP No.
4037, Final Payment to Sheltra and Sons Construction Co., Inc. and Release
of Retainage
(memorandum dated June 22, 2010)
PAGE
87-91
L. Auditor Selection Committee Recommendation of Audit Firm
(memorandum dated June 29, 2010)
M. Miscellaneous Budget Amendment 014
(memorandum dated June 24, 2010)
92-93
94-97
N. Release of SHIP Mortgage, PNC Bank, etc. v. Indian River County — Case
#3120 10 CA01 0946
(memorandum dated June 11, 2010)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
98-100
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from Caroline D. Ginn Regarding the Dissolving
and Sunsetting of Committees and Boards
101
2. Request to Speak from Ron O'Connor Regarding Inadequate
Drainage System at 13895 122nd Street
102
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing July 13, 2010
To Consider Adoption of an Ordinance Enacting a New Section
205.09 of the Code of Indian River County Entitled "Shark Fishing
Activities in Close Proximity to Swimming Activities"
(memorandum dated June 23, 2010)
Legislative
July 6, 2010
103
BK 13 9 PG 5514
Page 3 of 7
10. PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
2. Notice of Scheduled Public Hearings July 20, 2010
(memorandum dated June 24, 2010) 104
A. Consideration of Amendment to County Requirements for
Locations of Licensed Premises with Alcoholic Beverages to
Match State Locational Requirements
Legislative
B. Indian River County's Request for Special Exception Use
Approval to Rebuild the Oslo Convenience Center/Transfer
Station
Quasi -Judicial
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
B.
Community Development
1. Request for Authorization to Abate Recurrence of a Public
Nuisance on an Unmamtained Golf Course within Vista Gardens
Multifamily Development (Landowner. Vista Golf LLC; Code
Enforcement Case No. 2009060086)
(memorandum dated June 23, 2010)
105-116
Emergency Services
None
C. General Services
D.
None
Human Resources
None
E Human Services
None
F. Leisure Services
None
July 6, 2010
BK 139 PG 555
Page 4 of 7
12. DEPARTMENTAL MATTERS
G. Office of Management and Budget
H.
None
Recreation
None
I. Public Works
None
J. Utilities Services
1. 43rd Avenue & 44th Avenue South of SR 60 and 16th Street West to
Old Savannah Subdivision Low Pressure Force Main System,
Release Retainage Held by County to Carter Associates for
Surveying, Design, Permitting and Construction Phase Services
(memorandum dated June 24, 2010)
.PAGE
117-121
2. Approval of FPL Contribution in Aid of Construction for Provision
of Power to two (2) Well Sites located at the North County RO
Plant
(memorandum dated June 22, 2010)
122-125
13. COUNTY ATTORNEY MATTERS
A. Pond Siting Report for a Parcel of Property located on 66th Avenue south of
16th Street
(memorandum dated June 28, 2010)
126-158
14. COMMISSIONERS ITEMS
A. Commissioner Peter D. O'Bryan, Chairman
None
B. Commissioner Bob Solari, Vice Chairman
None
C.
D.
July 6, 2010
Commissioner Wesley S. Davis
None
Commissioner Joseph E. Flescher
None
BK. I 3 9 PG 556
Page 5 of 7
14.
15.
COMMISSIONERS ITEMS
E Commissioner Gary C. Wheeler
None
SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
1. Final Pay to Geosyntec for Work Order No. 7 — Three years of
Groundwater Monitoring and Reporting at the Former South
Gifford Road Landfill
(memorandum dated June 17, 2010)
PAGE
159-168
2. Work Order No. 29 to Geosyntec for One Year of Groundwater
Monitoring and Reporting at the Former South Gifford Road
Landfill
(memorandum dated June 14, 2010)
169-183
3. Work Order No. 28 to Geosyntec for Phase I - Site Preparation for
Cell I of Segment 3 Lateral Landfill Expansion
(memorandum dated June 14, 2010)
184-211
4. Work Order No. 16 to Camp Dresser & McKee Inc. (CDM) for
Class I Landfill Operations Contract Request for Proposal
Assistance
(memorandum dated June 25, 2010)
C. Environmental Control Board
None
16. ADJOURNMENT
212-218
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) at least 48 hours in
advance of meeting.
July 6, 2010
Page 6 of 7
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, the IRC Courthouse Law Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5.00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5.00 p.m.
July 6, 2010
BK 139PG558
Page 7 of 7
JEFFREY K. BARTON
Clerk to the Board
Nord
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JULY 6, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING, REGARDING
THE DEEPWATER HORIZON OIL SPILL 2
6. APPROVAL OF MINUTES 2
6.A. REGULAR MEETING OF MAY 18, 2010 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 2
7.A. SURVEY SERVICES: PURCHASE ORDERS PROCESSED NOVEMBER 3, 2009
THROUGH JUNE 15, 2010 (MEMO No. 4) 3
1
July 6, 2010
X 139 PG 559
7.B. LAWSUIT RELATED TO LEWIS BARTON CODE ENFORCEMENT BOARD LIEN 3
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES JUNE 11, 2010 TO JUNE 17, 2010 4
8.B. APPROVAL OF WARRANTS AND WIRES JUNE 18, 2010 TO JUNE 24, 2010 4
8.C. REQUEST TO CONVEY AFFORDABLE HOUSING PROPERTY BACK TO INDIAN
RIVER COUNTY FROM EVERY DREAM HAS A PRICE, INC. 5
8.D. AUTHORIZATION TO ATTEND 5
8.E. IRC BID No 2010027, CANCELLATION OF ORIGINAL AWARD AND RE -AWARD
DEMOLITION OF Two (2) COUNTY OWNED STRUCTURES 6
8.F. 2011 HOLIDAY SCHEDULE 6
8.G. RESOLUTION CANCELING TAXES ON PROPERTY DEDICATED FOR RIGHT OF WAY
- 41ST STREET EAST OF 66TH FROM PHILIP M. SEMENUCK AND JOANNE A.
SEMENUCK 7
8.H. APPROVAL OF WORK ORDER No. 3 WITH HYDROMENTIA, INC. FOR
MONITORING AND REPORTING SERVICES FOR 319(H) GRANT FOR EGRET
MARSH STORMWATER PARK 7
8.I. DEVELOPER'S POSTING OF ESCROW AS ITS FAIR SHARE FOR JOINT PAVING
PROJECT FOR 47TH STREET 8
8.J. OSLO ROAD WIDENING FROM 43RD AVENUE TO EAST OF 27TH AVENUE, PHASE 2,
ENGINEERING SERVICES, KIMLEY-HORN AND ASSOCIATES, INC. AMENDMENT
No. 4 8
8.K. RIVER CLUB AT GRAND HARBOR WATER SERVICES REPLACEMENT PROJECT,
UCP No. 4037, FINAL PAYMENT TO SHELTRA AND SONS SON CONSTRUCTION
CO., INC. AND RELEASE OF RETAINAGE 9
8.L. AUDITOR SELECTION COMMITTEE RECOMMENDATION OF AUDIT FIRM 9
8.M. MISCELLANEOUS BUDGET AMENDMENT 014 9
8.N. RELEASE OF SHIP MORTGAGE, PNC BANK, ETC. V. INDIAN RIVER COUNTY -
CASE #3120 10 CA01 0946 10
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10
2
July 6, 2010
BK 139PG560
10. PUBLIC ITEMS 10
10.A. PUBLIC HEARING(S) - NONE 10
10.B. PUBLIC DISCUSSION ITEMS 10
10.B.1. REQUEST TO SPEAK FROM CAROLINE D. GINN REGARDING THE DISSOLVING
AND SUNSETTING OF COMMITTEES AND BOARDS 10
10.B.2. REQUEST TO SPEAK FROM RON O'CONNOR REGARDING INADEQUATE
DRAINAGE SYSTEM AT 13895 122ND STREET 11
10.C. PUBLIC NOTICE ITEMS 13
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JULY 13, 2010
TO CONSIDER ADOPTION OF AN ORDINANCE ENACTING A NEW SECTION 205.09
OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "SHARK FISHING
ACTIVITIES IN CLOSE PROXIMITY TO SWIMMING ACTIVITIES' (LEGISLATIVE) 13
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARINGS JULY 20, 2010
A. CONSIDERATION OF AMENDMENT TO COUNTY REQUIREMENTS FOR
LOCATIONS OF LICENSED PREMISES WITH ALCOHOLIC BEVERAGES TO MATCH
STATE LOCATIONAL REQUIREMENTS (LEGISLATIVE) 13
B. INDIAN RIVER COUNTY'S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL TO REBUILD THE OSLO CONVENIENCE CENTER/TRANSFER STATION
(QUASI-JUDICIAL) 13
11. COUNTY ADMINISTRATOR MATTERS - NONE 13
12. DEPARTMENTAL MATTERS 13
12.A. COMMUNITY DEVELOPMENT 14
12.A.1. REQUEST FOR AUTHORIZATION TO ABATE RECURRENCE OF A PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA GARDENS
MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF LLC; CODE
ENFORCEMENT CASE NO. 2009060086) 14
12.B. EMERGENCY SERVICES - NONE 14
12.C. GENERAL SERVICES - NONE 14
12.D. HUMAN RESOURCES - NONE 14
12 E HUMAN SERVICES - NONE 14
12.F. LEISURE SERVICES - NONE 15
3
July 6, 2010
B4139PG561
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 15
12.H. RECREATION - NONE 15
12.I. PUBLIC WORKS - NONE 15
12.J. UTILITIES SERVICES 15
12.J.1. 43RD AVENUE & 44TH AVENUE SOUTH OF SR 60 AND 16TH STREET WEST TO OLD
SAVANNAH SUBDIVISION LOW PRESSURE FORCE MAIN SYSTEM, RELEASE
RETAINAGE HELD BY COUNTY TO CARTER ASSOCIATES FOR SURVEYING,
DESIGN, PERMITTING AND CONSTRUCTION PHASE SERVICES 15
12.J.2. APPROVAL OF FPL CONTRIBUTION IN AID OF CONSTRUCTION FOR PROVISION
OF POWER TO Two (2) WELL SITES LOCATED AT THE NORTH COUNTY RO
PLANT 16
13. COUNTY ATTORNEY MATTERS 16
13.A. POND SITING REPORT FOR A PARCEL OF PROPERTY LOCATED ON 66TH AVENUE
SOUTH OF 16TH STREET 16
14. COMMISSIONER ITEMS 17
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 17
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE 17
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 17
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE 17
14 E COMMISSIONER GARY C. WHEELER - NONE 17
15. SPECIAL DISTRICTS AND BOARDS 17
15.A. EMERGENCY SERVICES DISTRICT - NONE 17
15.B. SOLID WASTE DISPOSAL DISTRICT 18
15.B.1. FINAL PAY TO GEOSYNTEC FOR WORK ORDER No. 7 - THREE YEARS OF
GROUNDWATER MONITORING AND REPORTING AT THE FORMER SOUTH
GIFFORD ROAD LANDFILL 18
15.B.2. WORK ORDER NO. 29 TO GEOSYNTEC FOR ONE YEAR OF GROUNDWATER
MONITORING AND REPORTING AT THE FORMER SOUTH GIFFORD ROAD
LANDFILL 18
July 6, 2010
4
139 PG 562
15.B.3. WORK ORDER NO. 28 TO GEOSYNTEC FOR PHASE I - SITE PREPARATION FOR
CELL I OF SEGMENT 3 LATERAL LANDFILL EXPANSION 18
15.B.4. WORK ORDER NO 16 TO CAMP DRESSER & MCKEE INC. (CDM) FOR CLASS I
LANDFILL OPERATIONS CONTRACT REQUEST FOR PROPOSAL ASSISTANCE 18
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 18
16. ADJOURNMENT 18
5
July 6, 2010
BK 1 3 9 PG 5-6.3
JEFFREY K. BARTON
Clerk to the Board
July 6, 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, July 6, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob Solari,
Joseph E Flescher, and Gary C. Wheeler. Commissioner Wesley S. Davis was absent. 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
Reverend Shelly Satran, Our Savior Lutheran Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Bob Solari led the Pledge of Allegiance to the Flag.
1
July 6, 2010
BK.139PG56
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING,
REGARDING THE DEEPWATER HORIZON OIL SPILL
Emergency Services Director John King used a PowerPoint presentation (on file) to
update the Board on the current status of the oil spill in the Gulf of Mexico. He reported on the
current location of the spill, County and State impacts/actions, the forecasted location, and the
tropical conditions. He thereafter addressed Board questions and concerns.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MAY 18, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of May 18, 2010. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board by a 4-0 vote
(Commissioner Davis absent), approved the Minutes of
the Regular Meeting of May 18, 2010, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
July 6, 2010
2
BK139PG565
7.A. SURVEY SERVICES: PURCHASE ORDERS PROCESSED NOVEMBER 3, 2009
THROUGH JUNE 15, 2010 (MEMO No. 4)
Noted for the record were the following Purchase Orders for survey services processed
from November 3, 2009 through June 15, 2010:
1) 58th Avenue and 45th Street Intersection Improvement Project, Right -of -Way
Acquisitions, Buckner Boundary Survey
2) River Park Phase 2, Indian River Boulevard, Conservation Lands, Public Access
Easement Surveys and Sketch and Descriptions, Complete Public Access
Pathway Easements over River Park Place Conservation Lands
3) Parks Maintenance Complex, Florida Power and Light / Utility Construction,
Site Placement and Easement Preparations
4) 66th Avenue, SR60 to 57th Street, Right -of -Way Acquisition Parcel 144
5) Oslo Boat Ramp, Proposed Channel Improvements, PO No. 60524
6) Recreational Trails Program, Trans Florida Greenway at Sebastian River Middle
School
7) Oslo Boat Ramp, Proposed Channel Improvements, PO No. 60565
7.B. LAWSUIT RELATED TO LEWIS BARTON CODE ENFORCEMENT BOARD
LIEN
Noted for the record was the background pertaining to a recorded $253,000.00 Code
Enforcement Board hen on the Surfside Terrace property then owned by Lewis Barton or his
relatives; the loan from City First Mortgage Corporation to Mr Barton in the amount of
$900,000.00; City First's ownership of the property through a foreclosure sale; and City First's
lawsuit against the County seeking to establish its 2003 mortgage under equitable subrogation.
3
July 6, 2010
BK 139 PG 566
8. CONSENT AGENDA
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), approved the Consent
Agenda, as presented.
8.A. APPROVAL OF WARRANTS AND WIRES JUNE 11, 2010 TO JUNE 17, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), approved the list of
Warrants and Wires as issued by the Clerk to the Board
for the time period of June 11, 2010 to June 17, 2010, as
requested in the memorandum of June 17, 2010.
8.B. APPROVAL OF WARRANTS AND WIRES JUNE 18, 2010 TO JUNE 24, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), approved the list of
Warrants and Wires as issued by the Clerk to the Board
for the time period of June 18, 2010 to June 24, 2010, as
requested in the memorandum of June 24, 2010.
July 6, 2010
8.C. REQUEST TO CONVEY AFFORDABLE HOUSING PROPERTY BACK TO
INDIAN RIVER COUNTY FROM EVERY DREAM HAS A PRICE, INC.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), accepted the two Quit -
Claim Deeds from Every Dream Has a Price, Inc., and
authorized the Chairman to execute same, indicating
acceptance by the County, as recommended in the
memorandum of June 23, 2010.
Lot 2, Block 5, Spruce Park Subdivision — 4256 25th Avenue,
Vero Beach
Lot 194, Block 8, Hall, Carter & James Subdivision —1016
Booker Street, Fellsmere
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. AUTHORIZATION TO ATTEND
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), approved out of County
travel for: (1) the County Administrator to attend the
Florida Shore and Beach Preservation Association
Conference in Clearwater, Florida from September 22 -
24, 2010, and (2) the County Administrator and/or staff to
attend the Association of Public Treasurers 45th Annual
Conference in Charleston, South Carolina from July 25 -
28, 2010, as recommended in the memorandum of June
28, 2010.
5
July 6, 2010
139. PG 568
8.E. IRC BID Na 2010027, CANCELLATION OF ORIGINAL AWARD AND RE -
AWARD DEMOLITION OF TWO (2) COUNTY OWNED STRUCTURES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), (1) approved cancellation
of the award and Purchase Order No. 60510 to SRD
Construction & Development Corporation; (2) approved
the re -award to John O'Connell, Inc. in the amount of
$8,500.00 as the lowest most responsive and responsible
bidder, meeting the specifications as set forth in the
Invitation to Bid; and (3) authorized the Purchasing
Division to issue a purchase order to John O'Connell, Inc.
after receipt and approval of the appropriate certificate of
insurance, all as recommended in the memorandum of
June 16, 2010.
8.F. 2011 HOLIDAY SCHEDULE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent) approved the 2011
proposed schedule of holidays for Indian River County
employees, as recommended in the memorandum of June
21, 2010.
July 6, 2010
JD
•
1
8.G. RESOLUTION CANCELING TAXES ON PROPERTY DEDICATED FOR RIGHT
OF WAY— 41ST STREET EAST OF 66771 FROM PHILIP M. SEMENUCK AND
JOANNE A. SEMENUCK
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), approved Resolution 2010-
057, canceling certain taxes upon publicly owned lands,
pursuant to Sections 196 28, Florida Statutes.
(6480 41St Street — Philip M. Semenuck and Joanne A.
Semenuck)
8.H. APPROVAL OF WORK ORDER No. 3 WITH HYDROMENTIA, INC. FOR
MONITORING AND REPORTING SERVICES FOR 319(H) GRANT FOR EGRET
MARSH STORMWATER PARK
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), approved Work Order No.
3 with Hydromentia, Inc. for monitoring and reporting
services for 319 (h) Grant for Egret Marsh Stormwater
Park, and authorized the Chairman to execute it on behalf
of the County, as recommended in the memorandum of
June 25, 2010.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7
July 6, 2010
BK 139 PG 570
8.1. DEVELOPER'S POSTING OF ESCROW AS ITS FAIR SHARE FOR JOINT
PAVING PROJECT FOR 47TH STREET
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent) approved the Agreement
Concerning Cash Deposit and Escrow for the Joint Paving
Project for 47th Street, with Tot Spot of Vero, Inc., and
Clinton Barker Land Development LLC, and authorized
the Chairman to execute same, as recommended in the
memorandum of June 18, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. OSLO ROAD WIDENING FROM 43RD AVENUE TO EAST OF 27TH AVENUE,
PHASE 2, ENGINEERING SERVICES, KIMLEY-HORN AND ASSOCIATES, INC.
AMENDMENT NO. 4
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board by a 4-0 vote
(Commissioner Davis), approved Amendment No. 4, with
Kimley-Horn and Associates, Inc., authorizing the project
as outlined in the Scope of Services, and authorized the
Chairman to execute same, as recommended in the
memorandum of June 24, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 6, 2010
8
BK 139 PG 571
8.K. RIVER CLUB AT GRAND HARBOR WATER SERVICES REPLACEMENT
PROJECT, UCP NO. 4037, FINAL PAYMENT TO SHELTRA AND SONS SON
CONSTRUCTION CO., INC. AND RELEASE OF RETAINAGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), approved the total project
labor cost of $37,813.71 Application for Payment No. 2,
Final as final payment to Sheltra and Son Construction
Company, Inc., in the amount of $1,890.69, as
recommended in the memorandum of June 22, 2010.
8.L. AUDITOR SELECTION COMMITTEE RECOMMENDATION OF AUDIT FIRM
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), approved the re-
appointment of Harris, Cotherman, Jones, Price &
Associates as the County's auditing firm, and authorized
the Clerk's office to proceed with contract negotiations, as
recommended in the memorandum of June 29, 2010.
8.M. MISCELLANEOUS BUDGET AMENDMENT 014
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), approved Resolution 2010-
058, amending the Fiscal Year 2009-2010 Budget.
9
July 6, 2010
BK 139PG57Z
8.N. RELEASE OF SHIP MORTGAGE, PNC BANK, ETC. V. INDIAN RIVER
COUNTY CASE #3120 10 CA01 0946
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler the Board by a 4-0 vote
(Commissioner Davis absent), authorized the Chairman to
execute the Release of Mortgage with Steven W. Cocchia
and Jamie Lyn Rouse, in order to resolve the re-
foreclosure action, as recommended in the memorandum
of June 11, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S) - NONE
10.B. PUBLIC DISCUSSION ITEMS
10.13.1. REQUEST TO SPEAK FROM CAROLINE D. GINNREGARDING THE
DISSOLVING AND SUNSETTING OF COMMITTEES AND BOARDS
Caroline Ginn expressed her disappointment with the Board's recent decision to
dissolve and sunset Advisory Committees and Boards. She explained why she could not attend
the May 4, 2010 Board of County Commission Meeting where the sunsetting was decided. She
spoke in strong opposition to dissolving the Advisory Committees and Boards, spoke to the
July 6, 2010
importance of the committees, provided reasons as to why they should remain intact, questioned
the Board's vote, and requested the Board reconsider their Motion.
Chairman O'Bryan explained the Motion from the May 4, 2010 Board of County
Commission Meeting, the committees' 60 -day waiting period to be sunsetted, and how the
committees were asked to meet one final time before being sunsetted to develop and present a
list of what they consider to be their unmet needs. He thereafter invited and encouraged Ms.
Ginn to attend the upcoming Board of County Commission Meeting, where the Board will
address Advisory Committee and Board issues.
Discussion and debate ensued between Ms. Ginn and the Board regarding citizen input;
setting up an appeal process; and the need, cost, expertise, and elimination of the committees.
NO BOARD ACTION REQUIRED OR TAKEN
10.B.2. REQUEST TO SPEAK FROM RON O'CONNOR REGARDING INADEQUATE
DRAINAGE SYSTEM AT 13895122ND STREET
Ron O'Connor, 13955 122nd Street, reported that he had come before the Board on May
11, 2010, to address inadequate drainage issues on a neighboring property located at 13895 122nd
Street (his handout on file), and he was back today to readdress the issue. He responded to
staff's letter concerning the review of culverts, referenced Statute Section 912.08, and used a
PowerPoint presentation to describe the culverts and drainage problems which are causing water
encroachment onto his property. He also spoke about staffs calculations before the Certificate
of Occupancy (C.O.) was issued to his neighbors, and an e-mail he received from Mr.
Wittenberg regarding the outfall that was identified.
Chairman O'Bryan inquired about the status of the situation, and what could be done
since the C.O. had already been issued.
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July 6, 2010
It 139 PG 574
Public Works Director Chris Mora reported that staff had inspected the culverts along
122nd Street, that most were in an operational condition, and that a letter to this effect had been
sent to Mr. O'Connor, as well as other property owners. He also said that the property owners
were notified that said property was private property, not in public domain, and that suggestions
were offered for eliminating the "ponding" onto Mr O'Connor's property. He suggested the
property owners pool their money and install an additional culvert between the O'Connor and
Rizzoski property line to convey the water north into the 122nd Street ditch.
County Attorney Alan Polackwich surmised that it was too late for a County recourse
since the C.O. had already been issued, and he clarified that Statute 912.08 deals with
preconstruction approval of conceptual drainage.
Extensive discussion and debate ensued regarding the construction of the neighboring
property, issuance of the C.O., what staff had originally approved and what currently exists on
the property, unimproved swells, said property considered as private property, and whether the
County should install a culvert under the road to obtain relief in accordance with Code 403.22 -
which deals with storm drainage nuisance and/or a code enforcement point of view.
Vice Chairman Solari believed that unless it could be determined that a mistake had
occurred, which would bring the situation to a level of nuisance, then the Government has no
part in this situation, but rather a solution between the neighbors. He wanted Attorney
Polackwich to provide a determination as to which options would be available.
Chairman O'Bryan informed Mr. O'Connor that this issue would be handled by the
County Attorney for review of possible solutions and/or legal recourses, and that he would be
kept informed of the situation.
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July 6, 2010
BK 139 PG 575
The Chairman called a break at 10:36 a.m. and reconvened the meeting at 10:45 a.m.
with all members present.
NO BOARD ACTION REQUIRED OR TAKEN
10.C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING JULY 13, 2010
To CONSIDER ADOPTION OF AN ORDINANCE ENACTING A NEW SECTION
205.09 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "SHARK
FISHING ACTIVITIES IN CLOSE PROXIMITY TO SWIMMING ACTIVITIES"
(LEGISLATIVE)
10. C.2. NOTICE OF SCHEDULED PUBLIC HEARINGS JULY 20, 2010
A. CONSIDERATION OF AMENDMENT TO COUNTY REQUIREMENTS FOR
LOCATIONS OF LICENSED PREMISES WITH ALCOHOLIC BEVERAGES TO
MATCH STATE LOCATIONAL REQUIREMENTS (LEGISLATIVE)
B. INDIAN RIVER COUNTY'S REQUEST FOR SPECL4L EXCEPTION USE
APPROVAL TO REBUILD THE OSLO CONVENIENCE CENTER/TRANSFER
STATION (QUASI-JUDICIAL)
The County Attorney read the above Notices into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
13
July 6, 2010
BI{ 139PG576
12.A. COMMUNITY DEVELOPMENT
12.24.1. REQUEST FOR AUTHORIZATION TO ABATE RECURRENCE OF A PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA GARDENS
MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF LLC; CODE
ENFORCEMENT CASE No. 2009060086)
Attorney Polackwich conveyed that this item would be brought back to the Board on July
20, 2010 with an updated report.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board, by a 4-0 vote
(Commissioner Davis absent), approved County
employees, servants, agents, or contractors to enter upon
the Vista Golf, LLC property within Vista Gardens at all
reasonable times and take whatever action is necessary to
abate the nuisance described in the report, with costs of
the abatement to be recorded as a lien against the subject
property, as recommended in the memorandum of June
23, 2010.
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
14
July 6, 2010
011
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
12.L PUBLIC WORKS - NONE
12..J. UTILITIES SERVICES
12.11. 43RD AVENUE & 44TH AVENUE SOUTH OF SR 60 AND 16TH STREET
WEST TO OLD SAVANNAH SUBDIVISION LOW PRESSURE FORCE MAIN
SYSTEM, RELEASE RETAINAGE HELD BY COUNTY TO CARTER ASSOCL4TES
FOR SURVEYING, DESIGN, PERMITTING AND CONSTRUCTION PHASE
SERVICES
ON MOTION by Vice Chairman Solan, SECONDED by
Commissioner Wheeler, the Board, by a 4-0 vote
(Commissioner Davis absent), approved the release of
retainage being held from Carter Associates, Inc. for
surveying, design, permitting, bidding and construction
phase services for the force main project, and approved
the Consultant's Application for Payment No. 7, in the
amount of $2,685.37, as recommended in the
memorandum of June 24, 2010.
15
July 6, 2010
BK 139 P6 57$
12.12. APPROVAL OF FPL CONTRIBUTION IN Am OF CONSTRUCTION FOR
PROVISION OF POWER TO Two (2) WELL SITES LOCATED AT THE NORTH
COUNTY RO PLANT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, the Board, by a 4-0 vote
(Commissioner Davis absent), approved payment in the
amount of $1,853.25 to Florida Power and Light (FPL) for
provision of power to two (2) well locations at the North
County RO Plant, as recommended in the memorandum of
June 22, 2010.
13. COUNTY ATTORNEY MATTERS
13.A. POND SITING REPORT FOR A PARCEL OF PROPERTY LOCATED ON 66TH
AVENUE SOUTH OF 16TH STREET
Deputy County Attorney William DeBraal recalled that at the June 1, 2010 Board of
County Commission Meeting, the Board approved a S C A L E Report concerning 66th Avenue
between 16th Street and 4th Street, and today he was before the Board to request consideration of
a Pond Siting Report for a stormwater pond located on the Laurel Homes property, on 66th
Avenue. He mentioned that outside negotiations had taken place, a recent appraisal had valued
the property at $211,000.00, and that upon receiving an updated appraisal, an unconditional offer
would be made, and the Attorney's Office would proceed with filing suit in eminent domain.
Attorney DeBraal responded to questions regarding the pond site.
July 6, 2010
16
{139 PG 79
ON MOTION by Vice Chairman Solari, SECONDED by
Chairman O'Bryan, the Board, by a 4-0 vote
(Commissioner Davis absent), approved the Pond Siting
Report and authorized staff to proceed with the Resolution
of Necessity, Unconditional Offer and necessity right-of-
way acquisition through the County's power of eminent
domain, as recommended in the memorandum of June 28,
2010.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
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 - NONE
17
July 6, 2010
Bi. 139 PC 5.80
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of County
Commission Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately.
15.B.1. FINAL PAY TO GEOSYNTEC FOR WORK ORDER No. 7- THREE YEARS
OF GROUNDWATER MONITORING AND REPORTING AT THE FORMER
SOUTH GIFFORD ROAD LANDFILL
15.B.2. WORK ORDER No. 29 TO GEOSYNTEC FOR ONE YEAR OF
GROUNDWATER MONITORING AND REPORTING AT THE FORMER SOUTH
GIFFORD ROAD LANDFILL
15.B.3. WORK ORDER No. 28 TO GEOSYNTEC FOR PHASE I - SITE
PREPARATION FOR CELL I OF SEGMENT 3 LATERAL LANDFILL
EXPANSION
15.B.4. WORK ORDER No. 16 TO CAMP DRESSER & MCKEE INC. (CDM) FOR
CLASS I LANDFILL OPERATIONS CONTRACT REQUEST FOR PROPOSAL
ASSISTANCE
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
16. ADJOURNMENT
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July 6, 2010
BK 139PG581
There being no further business, the Chairman declared the meeting adjourned at
11:53 p.m.
ATTEST:
1
1).ThalF) PAO ir
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: AUG 1 7 2010
BCC/LA/2010 Minutes
July 6, 2010
19
81( 139 PG 582