HomeMy WebLinkAbout01/10/2012 (2)COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Peter D. O'Bryan, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Bob Solari
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JANUARY 10, 2012 - 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
District 3
District 4
District 1
District 2
District 5
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Jeff Smith, Deputy Clerk of Circuit Court
Joseph A Baird, County Administrator
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Indian River County Celebrating Children's
Week
PAGE
1
B. Presentation of Proclamation of Appreciation to Bernie & Marge Grall
January 10, 2012
2
BK !41 PG 836
Page l of 7
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation of Proclamation Honoring Darlene Silverstein on Her
Retirement from the Property Appraiser's Office of Indian River County
6.
D. Presentation by Stephanie Austin, Coalition for Health Against Smart Meters
APPROVAL OF MINUTES
A. Minutes of Regular Meeting of October 18, 2011
B. Minutes of Regular Meeting of November 1, 2011
3
C. Minutes of Regular Meeting of November 8, 2011
D. Minutes of Regular Meeting of November 15, 2011
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Resignation of the Medical Doctor Appointee to the Environmental Control
Hearing Board
(memorandum dated December 28, 2011)
4-5
8. CONSENT AGENDA
A. Approval of Warrants and Wires — December 9, 2011 to December 15, 2011
(memorandum dated December 15, 2011)
6-13
B. Approval of Warrants and Wires — December 16, 2011 to December 28,
2011
(memorandum dated December 28, 2011)
C. Blanket Authorization for Commissioners to Travel Out of County
(memorandum dated December 30, 2011)
14-22
23
D. Applications for Board of County Commissioner Appointee to the Beach
and Shore Preservation Advisory Committee
(memorandum dated January 3, 2012)
E. Resolution Cancelling Taxes on Property Donated for Conservation
(memorandum dated December 27, 2011)
January 10, 2012
24-29
30-38
BK 1141 PG 837
Page 2 of 7
8. CONSENT AGENDA PAGE
F. Resolution Cancelling Taxes on Conservation Property Purchased with
Grant Funds
(memorandum dated December 28, 2011) 39-47
G. Purchase of Corner Clip Right -of -Way at 17th Street and A -1-A
(memorandum dated January 3, 2012) 48-56
H. Approval of the Community Emergency Response Team Federally -Funded
Subgrant Agreement #12 -CI -24 -10 -40 -01 -XXX and Expenditures
(memorandum dated December 28, 2011)
57-109
I. Miscellaneous Budget Amendment 004
(memorandum dated January 4, 2012) 110-118
J. Acceptance of 2011 Award Letter for State Homeland Security Grant
Program
(memorandum dated December 30, 2011)
119-134
K. Approval of Resolution Adopting the 2012 Indian River County
Comprehensive Emergency Management Plan
(memorandum dated January 3, 2012)
135-138
L Approval of Final Payment to Hydromentia, Inc. for Work Order No. 3
(memorandum dated December 14, 2011) 139-141
M. RFP 2012016 — IRC Jail Fire Alarm Replacement — Contract Award
(memorandum dated December 28, 2011) 142-148
N. Declare Excess Equipment Surplus for Sale or Disposal
(memorandum dated January 3 2012) 149-164
O. Vero Beach Sports Village Quadrangle Softball Fields, Work Order No. 1 to
Design/Build Part 1 Agreement, Part 2 Agreement and Amendment No. 1 to
Agreement RFP No. 2011035 — IRC Project No. 1105
(memorandum dated December 30, 2011)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Deryl Loar, Indian River County Sheriff
Optional One Cent Sales Tax Fund
(memorandum dated December 14, 2011)
January 10, 2012
165-195
196-209
BK 141 PG 838
Page 3 of 7
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
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. Lawrence A. Barkett and Tenants of Commercial Plaza at 21St Court
SW and Oslo Road Regarding Repair of Culvert at 21St Court SW
and Oslo Road
PAGE
210-212
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearings for January 17, 2012:
Indian River County's Request for Special Exception Use Approval
to Construct a Wireless Communications Tower at 7235 4th Street
(memorandum dated December 12, 2011)
213
Quasi -Judicial
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
Community Development
None
B. Emergency Services
None
C.
General Services
1. Approval of Bid Award for IRC Bid # 2012015 Contract Services
for Beach Parks Maintenance
(memorandum dated January 4, 2011)
214-223
D. Human Resources
None
141 PG 839
January 10, 2012 Page 4 of 7
12. DEPARTMENTAL MATTERS PAGE
E Human Services
F.
None
Leisure Services
None
G. Office of Management and Budget
1. Vero Beach Sports Village Soccer Field Cost Estimate Increase
(memorandum dated January 4, 2012)
H.
224-230
Recreation
None
1. Public Works
None
J.
Utilities Services
1. Work Order No. 1 — Professional Services to Kimley-Horn &
Associates, Inc. for Membrane Replacement for North RO Skids #1
and #2 and Product Water Quality Evaluation at North and South
RO Water Treatment Plant
(memorandum dated December 20, 2011)
231-237
2. Consideration of Consultant Contract for Utilities Department
Community Development Block Grant Neighborhood
Revitalization Administrative Services for Sanitary Sewer and
Drainage Improvements in the West Wabasso Community
(memorandum dated December 16, 2011)
238-251
13. COUNTY ATTORNEY MATTERS
A. Initial Consideration of Proposed Fund 101 Refund Ordinance
(memorandum dated January 4, 2012) 252-258
B. Initial Consideration of Proposed Six Year Impact Fee Refund Ordinance
(memorandum dated January 4, 2012) 259-265
January 10, 2012
13K 141 PG 848
Page 5 of 7
14. COMMISSIONERS ITEMS PAGE
A.
Commissioner Gary C, Wheeler, Chairman
None
B. Commissioner Peter D. O'Bryan, Vice Chairman
None
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E. Flescher
None
E. Commissioner Bob Solari
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
1. Approval of Minutes Meeting of November 1, 2011
2. Approval of Minutes Meeting of November 15, 2011
3. Work Order No. 2 Geosyntec to Utilize Kessler Consulting for
Technical Assistance with Recyclables Processing Procurement
(memorandum dated December 23, 2011)
266-272
4. Final Pay for Amendment 1 to Work Order No. 13, to Camp
Dresser & McKee Inc. for Indian River County Annual Permit
Compliance and Monitoring for 2010 and 2011
273-282
C. Environmental Control Board
None
16. ADJOURNMENT
BK 141 PB 841
January 10, 2012 Page 6 of 7
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
kir 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 at least 48 hours in advance of meeting.
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.
January 10, 2012
BK 141 PG 842
Page7of 7
JEFFREY K BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JANUARY 10, 2012
1 CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
TABLED TO JANUARY 17, 2012: ITEM 13.A. INITIAL CONSIDERATION OF
PROPOSED FUND 101 REFUND ORDINANCE 2
TABLED TO JANUARY 17, 2012: ITEM 13.B. INITIAL CONSIDERATION OF
PROPOSED SIX YEAR IMPACT FEE REFUND ORDINANCE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION FOR INDIAN RIVER COUNTY CELEBRATING
CHILDREN'S WEEK 2
5.B. PRESENTATION OF PROCLAMATION OF APPRECIATION TO BERNIE & MARGE
GRALL 2
5.C. PRESENTATION OF PROCLAMATION HONORING DARLENE SILVERSTEIN ON HER
RETIREMENT FROM THE PROPERTY APPRAISER'S OFFICE OF INDIAN RIVER
COUNTY 3
January 10, 2012 1
BR 141PG843
5.D. PRESENTATION BY STEPHANIE AUSTIN, COALITION FOR HEALTH AGAINST
SMART METERS 3
6. APPROVAL OF MINUTES 4
6.A. MINUTES OF REGULAR MEETING OF OCTOBER 18, 2011 4
6.B. MINUTES OF REGULAR MEETING OF NOVEMBER 1, 2011 4
6.C. MINUTES OF REGULAR MEETING OF NOVEMBER 8, 2011 4
6.D. MINUTES OF REGULAR MEETING OF NOVEMBER 15, 2011 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. RESIGNATION OF THE MEDICAL DOCTOR APPOINTEE TO THE ENVIRONMENTAL
CONTROL HEARING BOARD 4
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 9, 2011 TO DECEMBER 15,
2011
8.B. APPROVAL OF WARRANTS AND WIRES - DECEMBER 16, 2011 TO DECEMBER 28,
2011 5
8.C. BLANKET AUTHORIZATION FOR COMMISSIONERS TO TRAVEL OUT OF COUNTY 6
8.D. APPLICATIONS FOR BOARD OF COUNTY COMMISSIONER APPOINTEE TO THE
BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE 6
8 E RESOLUTION CANCELLING TAXES ON PROPERTY DONATED FOR CONSERVATION 7
8.F. RESOLUTION CANCELLING TAXES ON CONSERVATION PROPERTY PURCHASED
WITH GRANT FUND 7
8.G. PURCHASE OF CORNER CLIP RIGHT-OF-WAY AT 17TH STREET AND A -1-A 7
8.H. APPROVAL OF THE COMMUNITY EMERGENCY RESPONSE TEAM FEDERALLY -
FUNDED SUBGRANT AGREEMENT #12 -CI -24 -10 -40 -01 -XXX AND
EXPENDITURES 8
8.I. MISCELLANEOUS BUDGET AMENDMENT 004 8
8.J. ACCEPTANCE OF 2011 AWARD LETTER FOR STATE HOMELAND SECURITY
GRANT PROGRAM 8
131( 141 PG 844
January 10, 2012 2
8.K. APPROVAL OF RESOLUTION ADOPTING THE 2012 INDIAN RIVER COUNTY
COMPREHENSIVE EMERGENCY MANAGEMENT PLAN 9
8.L. APPROVAL OF FINAL PAYMENT TO HYDROMENTIA, INC. FOR WORK ORDER NO.
3 9
8.M. RFP 2012016 - IRC JAIL FIRE ALARM REPLACEMENT - CONTRACT AWARD 10
8.N. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL 11
8.0. VERO BEACH SPORTS VILLAGE QUADRANGLE SOFTBALL FIELDS, WORK ORDER
No. 1 TO DESIGN/BUILD PART 1 AGREEMENT, PART 2 AGREEMENT AND
AMENDMENT NO. 1 TO AGREEMENT, RFP No. 2011035 - IRC PROJECT No.
1105 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 12
9.A.1. INDIAN RIVER COUNTY SHERIFF, DERYL LOAR - OPTIONAL ONE -CENT SALES
TAX FUND 12
10. PUBLIC ITEMS 13
10.A. PUBLIC HEARING(S) - NONE 13
10.B. PUBLIC DISCUSSION ITEMS 13
10.B.1. LAWRENCE A. BARKETT AND TENANTS OF COMMERCIAL PLAZA AT 21ST COURT
SW AND OSLO ROAD REGARDING REPAIR OF CULVERT AT 21ST COURT SW AND
OSLO ROAD 13
10.C. PUBLIC NOTICE ITEMS 17
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JANUARY 17, 2012 INDIAN RIVER
COUNTY'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL TO CONSTRUCT
A WIRELESS COMMUNICATIONS TOWER AT 7235 4TH STREET (QUASI-JUDICIAL) 17
11. COUNTY ADMINISTRATOR MATTERS - NONE 17
12. DEPARTMENTAL MATTERS 17
12.A. COMMUNITY DEVELOPMENT - NONE 17
12.B. EMERGENCY SERVICES - NONE 17
12.C. GENERAL SERVICES 17
January 10, 2012 3
BK 141PG845
12.C.1. APPROVAL OF BID AWARD FOR IRC BID # 2012015 CONTRACT SERVICES FOR
BEACH PARKS MAINTENANCE 17
12.D. HUMAN RESOURCES - NONE 19
12.E. HUMAN SERVICES - NONE 19
12.F. LEISURE SERVICES - NONE 19
12.G. OFFICE OF MANAGEMENT AND BUDGET 19
12.G.1. VERO BEACH SPORTS VILLAGE SOCCER FIELD COST ESTIMATE INCREASE 19
12.H. RECREATION - NONE 20
12.I. PUBLIC WORKS - NONE 20
12.J. UTILITIES SERVICES 21
12.7.1. WORK ORDER NO. 1 - PROFESSIONAL SERVICES TO KIMLEY-HORN &
ASSOCIATES, INC. FOR MEMBRANE REPLACEMENT FOR NORTH RO SKIDS #1
AND #2 AND PRODUCT WATER QUALITY EVALUATION AT NORTH AND SOUTH
RO WATER TREATMENT PLANT 21
12.J.2. CONSIDERATION OF CONSULTANT CONTRACT FOR UTILITIES DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD REVITALIZATION
ADMINISTRATIVE SERVICES FOR SANITARY SEWER AND DRAINAGE
IMPROVEMENTS IN THE WEST WABASSO COMMUNITY 21
13. COUNTY ATTORNEY MATTERS
FUND 101 REFUND ORDINANCE
22
-
22
22
13.A. TABLED UNTIL JANUARY 17, 2012 INITIAL CONSIDERATION OF PROPOSED
13.B. TABLED UNTIL JANUARY 17, 2012 - INITIAL CONSIDERATION OF PROPOSED SIX
YEAR IMPACT FEE REFUND ORDINANCE
14. COMMISSIONER ITEMS 23
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 23
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN - NONE 23
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 23
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 23
14.E. COMMISSIONER BOB SOLARI - NONE 23
15. SPECIAL DISTRICTS AND BOARDS 23
January 10, 2012 4
BX 141 PG 846
15.A. EMERGENCY SERVICES DISTRICT - NONE 23
15.B. SOLID WASTE DISPOSAL DISTRICT 23
15.B.1. APPROVAL OF MINUTES - MEETING OF NOVEMBER 1, 2011 23
15.B.2. APPROVAL OF MINUTES - MEETING OF NOVEMBER 15, 2011 23
15.B.3. WORK ORDER NO. 2 GEOSYNTEC TO UTILIZE KESSLER CONSULTING FOR
TECHNICAL ASSISTANCE WITH RECYCLABLES PROCESSING PROCUREMENT 24
15.B.4. FINAL PAY FOR AMENDMENT 1 TO WORK ORDER NO 13, TO CAMP, DRESSER &
MCKEE, INC. FOR INDIAN RIVER COUNTY ANNUAL PERMIT COMPLIANCE AND
MONITORING FOR 2010 AND 2011 24
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 24
16. ADJOURNMENT 24
January 10, 2012 5
BK 14 I PG 84 7
JEFFREY K. BARTON
Clerk to the Board
January 10, 2012
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, January 10, 2012. Present were Chairman Gary C. Wheeler, Vice Chairman Peter D.
O'Bryan, and Commissioners Wesley S. Davis, Joseph E Flescher, and Bob Solari. 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 Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Jeff Smith, Chief Deputy Clerk of Circuit Court, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Administrator Baird led the Pledge of Allegiance to the Flag.
January 10, 2012 1
BK !4I PG 848
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested the following changes to the Agenda:
TABLED TO JANUARY 17, 2012: ITEM 13.A. INITL4L CONSIDERATION OF
PROPOSED FUND 101 REFUND ORDINANCE
TABLED TO JANUARY 17, 2012: ITEM 13.B. INITIAL CONSIDERATION OF
PROPOSED SIX YEAR IMPACT FEE REFUND ORDINANCE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION FOR INDIAN RIVER COUNTY
CELEBRATING CHILDREN'S WEEK
Commissioner Davis read and presented the Proclamation to Jacki Jackson, Executive
Director of the Early Learning Coalition.
5.B. PRESENTATION OF PROCLAMATION OF APPRECIATION TO BERNIE &
MARGE GRALL
Chairman Wheeler read and presented the Proclamation to Bernie and Marge Grall.
January 10, 2012 2
BK 141 PG 849
5.C. PRESENTATION OF PROCLAMATION HONORING DARLENE SIL VERSTEIN
ON HER RETIREMENT FROM THE PROPERTY APPRAISER'S OFFICE OF
INDIAN RIVER COUNTY
Vice Chairman O'Bryan read and presented the Proclamation to Darlene Silverstein.
5.D. PRESENTATION BY STEPHANIE AUSTIN, COALITION FOR HEALTH
AGAINST SMART METERS
Stephanie Austin, 6250 Arrowhead Lan; Coalition for Health Against Smart Meters,
read portions of a 2011 commentary on the California Council of Sciences and Technology
(CCST) report, "Health Impacts of Radio Frequency from Smart Meters" (on file). She voiced
concerns over the proposal by Florida Power and Light (FP&L) to replace the County's analog
electric meters with post microwave transmitting smart meters. She questioned claims that smart
meters would save energy, the authority that mandates smart meters in Florida, and radiation
exposure. She asked the Board to protect local citizens and call for an emergency halt to smart
meter deployment
Commissioner Davis asked if individuals could opt out of the smart meter program.
Ms. Austin revealed that according to the Florida Public Service Commission (PSC) and
FP&L, individuals cannot opt out of the program. She urged individuals having difficulties or
health issues with their smart meters, to contact her or visit the following websites for additional
information and assistance: smartmetermatrix.org, nosmartmeters.blogspot.com, or
microwavecasm.com.
Commissioner Solari reported that FP&L would be providing the Board with a
presentation on smart meters in February.
January 10, 2012 3
BK RI PGB50
Chairman Wheeler questioned the Federal Law and Regulations relating to the smart
meters. Ms. Austin suggested reading the Energy Policy Act (EPACT) of 2005.
6. APPROVAL OF MINUTES
6.A.
6.B.
6.C.
6.D.
MINUTES OF REGULAR MEETING OF OCTOBER 18, 2011
MINUTES OF REGULAR MEETING OF NOVEMBER 1, 2011
MINUTES OF REGULAR MEETING OF NOVEMBER 8, 2011
MINUTES OF REGULAR MEETING OF NOVEMBER 15, 2011
The Chairman asked if there were any corrections or additions to the minutes of October
18, November 1, November 8, or November 15, 2011. There were none.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously approved
the minutes of the meetings of October 18, 2011;
November 1, 2011; November 8, 2011; and November 15,
2011, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
ZA. RESIGNATION OF THE MEDICAL DOCTOR APPOINTEE TO THE
ENVIRONMENTAL CONTROL HEARING BOARD
Noted for the record was the resignation of Dr. Matthew S Zoffer as the Medical Doctor
Appointee to the Environmental Control Hearing Board.
January 10, 2012 4
BIS 141 P6851
8. CONSENT AGENDA
Vice Chairman O'Bryan requested to pull Item 8 D , and Commissioner Solari requested
to pull Item 8.M., from the Consent Agenda for discussion/comments.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 9, 2011 TO
DECEMBER 15, 2011
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 December 9, 2011 to
December 15, 2011, as requested in the memorandum of
December 15, 2011.
8.B. APPROVAL OF WARRANTS AND WIRES - DECEMBER 16, 2011 TO
DECEMBER 28, 2011
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 December 16, 2011 to
December 28, 2011, as requested in the memorandum of
December 28, 2011.
January 10, 2012 5
IN 141 PG 852
8. C. BLANKET AUTHORIZATION FOR COMMISSIONERS TO TRAVEL OUT OF
COUNTY
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously granted
approval for Board members to travel out -of -County for
all current and any future assigned committee meetings,
including travel to Tallahassee, Florida, as requested in the
memorandum of December 30, 2011.
8.D. APPLICATIONS FOR BOARD OF COUNTY COMMISSIONER APPOINTEE TO
THE BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE
Vice Chairman O'Bryan noted that there were two applicants (Christian Hendricks and
David Washington) for the vacant position on the Beach and Shores Preservation Advisory
Committee. He nominated Christian Hendricks for the position due to his familiarity and
experience with the applicant.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
appointed Christian Hendricks to the Beach and Shore
Preservation Advisory Committee, as recommended in the
memorandum of January 3, 2012.
January 10, 2012 6
BK 141 PG 853
8.E. RESOLUTION CANCELLING TAXES ON PROPERTY DONATED FOR
CONSERVATION
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2012-001, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Rosemary V. Johnson, Tamara K. Boetch, Amy J.
Higgins, Marnie K. Elmore, the heirs of the Cecil M.
Johnson Trust)
8.F. RESOLUTION CANCELLING TAXES ON CONSERVATION PROPERTY
PURCHASED WITH GRANT FUND
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2012-002, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Pressley Ranch, Inc.)
8.G. PURCHASE OF CORNER CLIP RIGHT-OF-WAY AT 17TH STREET AND A -1 -A
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the purchase of the needed right-of-way at 1700 Highway
A -1-A, at a price of $2,484, as recommended in the
memorandum of January 3, 2012.
January 10, 2012 7
81( 141 PG 854
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. APPROVAL OF THE COMMUNITY EMERGENCY RESPONSE TEAM
FEDERALLY -FUNDED SUB GRANT AGREEMENT #12 -CI -24-10-40-01 flX
AND EXPENDITURES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Federally Funded Subgrant Agreement #12 -CI -24 -10-
40 -01 -XXX, and approved the expenditures as outlined in
the grant, as recommended in the memorandum of
December 28, 2011.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. MISCELLANEOUS BUDGET AMENDMENT 004
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2012-003, amending the fiscal year 2011-2012
budget.
8.J. ACCEPTANCE OF 2011 AWARD LETTER FOR STATE HOMELAND SECURITY
GRANT PROGRAM
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously accepted
the State Homeland Security grant in the amount of
$16,500, and authorized the Chairman to execute the grant
agreement, as recommended in the memorandum of
December 30, 2011.
January 10, 2012 8
81f 141 PG 855
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. APPROVAL OF RESOLUTION ADOPTING THE 2012 INDIAN RIVER COUNTY
COMPREHENSIVE EMERGENCY MANAGEMENT PLAN
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
approved: (1) the appointment of John King as the Plan
Manager for Indian River County; and (2) Resolution
2012-004, adopting a comprehensive emergency
management plan for Indian River County.
DOCUMENT AND CD ON FILF, IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. APPROVAL OF FINAL PAYMENT TO HYDROMENTL4, INC. FOR WORK
ORDER No. 3
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the final invoice for Work Order No. 3, with
HydroMentia, Inc., for water quality monitoring and
reporting at Egret Marsh Stormwater Park, in the amount
of $11,500, as recommended in the memorandum of
December 14, 2011.
January 10, 2012 9
81( 141PG856
8.M. RFP 2012016 - IRC JAIL FIRE ALARM REPLACEMENT - CONTRACT
AWARD
Commissioner Solari pointed out that the fire alarm replacement for the jail would be
funded with another $143,877 from the Optional One -Cent Sales Tax, and he wanted fellow
Commissioners to keep in mind that if this is approved, it would reduce the amount in the
Optional One -Cent Sales Tax fund (which will be addressed in Item No. 9 Constitutional
Officers and Governmental Agencies).
Commissioner Davis asked whether the Optional One -Cent Sales Tax revenue and
projected expenditures balance included the $143,877 for the jail fire alarm. Administrator Baird
announced that a spreadsheet would be shown later in the meeting under Item No. 9.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Davis, the Board unanimously approved:
(1) the proposal from Siemens Industries, Inc.; (2) the
Agreement; and (3) the budget amendment in the
amount of $143,877 from Optional Sales Tax/Cash
Forward, as recommended in the memorandum of
December 28, 2011.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 10, 2012 10
BK 141 PG 857
8.N. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
declared the items listed on pages 150 — 164 of the
Agenda Packet, as surplus; (2) authorized the sale and/or
proper disposal; and (3) authorized the excess equipment
to be delivered to the Indian River County Fairgrounds to
be sold at public auction on January 28, 2012, at 10:00
a.m., as recommended in the memorandum of January 3,
2012.
8.0. VERO BEACH SPORTS VILLAGE QUADRANGLE SOFTBALL FIELDS, WORK
ORDER No. 1 TO DESIGN/BUILD PART 1 AGREEMENT, PART 2
AGREEMENT AND AMENDMENT NO. 1 TO AGREEMENT, RFP No. 2011035
IRC PROJECT No. 1105
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved Work Order No. 1 to the Design/Build
Agreement; (2) approved Design/Build Part 2 Agreement
with Bill Bryant and Associates, Inc for $2,492,000 for
the construction of the Vero Beach Sports Village
Quadrangle Softball Fields; and (3) Amendment No. 1 to
the Agreement to allow for direct purchases, all as
recommended in the memorandum of December 30, 2011.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 10, 2012 11
BK 141PG858
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A.1. INDIAN RIVER COUNTY SHERIFF, DERYL LOAR - OPTIONAL ONE -CENT
SALES TAX FUND
Sheriff Deryl Loar recalled and addressed previous discussions with the Board regarding
the use of the Optional One -Cent Sales Tax revenue to purchase marked patrol vehicles, and
capital expenditures not being included in his budget. He spoke briefly about the "Two -Year
Budget versus Actual Comparison" list and the "Indian River County Sheriff's Office (IFCSO)
Fleet Mileage Report" (in the Agenda Packet); and answered questions regarding his budget. He
requested that $600,000 of the Optional One -Cent Sales Tax be used to purchase marked patrol
vehicles. Sheriff Loar thereafter reported that the fire alarm replacement project in the jail has
been in operation for over two years.
Chairman Wheeler objected to the Sheriff's request for Optional One -Cent Sales Tax
funds, and stressed that capital expense items should have been identified in his proposed 2011-
2012 budget instead of using a blanket concept. He suggested the Sheriff include capital
expenses in his proposed budget next year.
Sheriff Loar noted that the Optional One -Cent Sales Tax was presented during the
Budget Workshops, and was an idea that was presented by the Board.
Discussion ensued among the Sheriff and Commissioners regarding the budget process
and its transparency; the transferring of accounts; accounting practices and procedures; capital
expenditures; the current status of patrol vehicles; and maintaining an aging vehicle fleet.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Wheeler, to deny the Sheriff's
request.
January 10, 2012 12
Et 14! PG 859
The Commissioners suggested the Sheriff bring this back to the Board in three to six
months, and that he reflect the capital expenses in his budget for next year.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously denied the
Sheriff's request to use $600,000 of the Optional One -
Cent Sales Tax revenue for the purchase of marked patrol
vehicles.
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S) - NONE
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. LAWRENCE A. BARKETT AND TENANTS OF COMMERCIAL PLAZA AT 21sT
COURT SW AND OSLO ROAD REGARDING REPAIR OF CULVERT AT 21sT
COURT SW AND OSLO ROAD
Attorney Bruce Barkett, on behalf of his brother Lawrence A. Barkett, sister-in-law
Rebecca Barkett, and tenants of the commercial plaza at 21St Court SW and Oslo Road, provided
background and details regarding the substantial disrepair (due to the culvert collapse) of the
private access road/bridge that serves as the sole ingress and egress to the commercial plaza and
townhouse development known as Vero South Property Owners Association Inc. (POA). He
clarified that the POA has the maintenance responsibility for the private road, not the
commercial plaza owners. He reported that in the interest of expediting the road repair, so the
commercial businesses in the plaza can survive, his brother and sister-in-law offered to pay one-
half of the cost for repair ($11,000). Attorney Barkett said that staff had taken steps to obtain
January 10, 2012 13
81( 1141 PG 860
consent from the POA to conduct the repair work, and at a later date his brother would assess the
POA for the costs through a recorded hen on the property. He felt the decision would be just and
proper since it would be protecting public safety and welfare, as well as investing in the benefit
of the businesses.
Rebecca Barkett described the deteriorating condition of the road/bridge, and the events
that had taken place. She sought an immediate solution for public safety, as well as economic
survival for the plaza businesses.
Public Works Director Chris Mora addressed the Commissioners' questions and concerns
regarding available options and cost estimates for repairing the bridge.
Commissioner Solari urged the Barketts to work with the County Attorney for a plan that
would help retrieve the County's repair costs, and minimize County exposure.
Commissioner Davis believed that if the Barketts wanted to commit $11,000 towards
fixing the project, then the County should allow a temporary fix so customers could access the
businesses and the POA tenants could get to their residences.
Commissioner Davis, Deputy County Attorney William DeBraal, and Attorney Barkett
discussed proposed solutions, and whether the fix should be temporary or permanent.
Director Mora discouraged a temporary fix to the road/bridge.
Chairman Wheeler wanted the bridge fixed as quickly as possible, and rationalized why
he supported a permanent fix.
January 10, 2012 14
BKi41PG861
MOTION WAS MADE by Commissioner Davis, to give
the County Administrator direction to install something
temporary, and move forward with the Barkett's
agreement. Motion FAILED for lack of a second.
Director Mora recommended installing an asphalt (millings) apron off of 20th Avenue, as
long as the culvert is replaced by the County in a timely manner.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Wheeler, to: (1) move forward
with the condition that this is being worked out within the
next week or so with the County Attorney; (2) enter into
an agreement with Mr. Barkett to correctly fix the culvert
whereby Mr Barkett pays half of the cost, and in doing so
the County notes that there is a fallen Property Owners'
Association; and (3) find that with the significant auto
traffic on Oslo Road, it makes it appropriate for the Board
of County Commissioners to address the health, safety,
and welfare problem for the County's citizens.
Jennifer Boksmati, owner of Fillin' N' Chilhn, a business in the plaza that is being
affected by this situation, asked that the action be immediate because her shop is losing business
and cannot survive much longer.
The Board engaged in a lengthy discussion regarding possible solutions, expediting the
project, and the dangers of using a single lane to ingress/egress the plaza.
January 10, 2012 15
BK #41 PG 862
Bob Johnson Coral Wind Subdivision, encouraged the Board to make a permanent
repair to the road/bridge. He supported the Barkett's offer to pay $11,000 towards its repair, and
felt the County should pay the remainder with contingency funds.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Chairman Wheeler, to include the
installation of an asphalt apron off of 20th Avenue, with
the understanding that the County will replace the culvert
in a timely manner.
The Chairman CALLED THE QUESTION and by a
unanimous vote, the Motion carried. The Board approved
to: (1) move forward with the condition that this is being
worked out within the next week or so with the County
Attorney; (2) enter into an agreement with Lawrence.
Barkett to correctly fix the culvert whereby Mr Barkett
pays half of the cost, and in doing so the County notes that
there is a fallen Property Owners' Association; (3) note
that with the significant auto traffic on Oslo Road, it
makes it appropriate for the Board of County
Commissioners to address the health, safety, and welfare
problem for the County's citizens; and (4) include the
installation of an asphalt apron off of 20th Avenue, with
the understanding that the County will replace the culvert
in a timely manner.
The Chairman called a break at 10:45 a.m., and reconvened the meeting at 10:53 a.m.,
with all members present.
January 10, 2012 16
131( 141 PG 863
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING JANUARY 17, 2012: INDIAN
RIVER COUNTY'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL TO
CONSTRUCT A WIRELESS COMMUNICATIONS TOWER AT 7235 4TH STREET
(QUASI-JUDICIAL)
Chairman Wheeler read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES
12.C.1. APPROVAL OF BID AWARD FOR IRC BID # 2012015 CONTRACT
SERVICES FOR BEACH PARKS MAINTENANCE
Assistant County Administrator Michael Zito recapped his memorandum dated January
4, 2012 to provide background and analysis on the privatization of janitorial maintenance and
landscaping maintenance for the County's beach parks and beach access points. He also used a
PowerPoint presentation (on file) to review the bid results of each function. He divulged that
staff's recommendation was for the Board to award the janitorial maintenance portion of the bid
to Boro Building and Property Maintenance, Inc., of Sarasota in the amount of $56,641.61
annually; awarding the landscape maintenance portion of the bid to Integrity Lawn and
Landscaping, of Okeechobee, in the amount of $15,120 annually; and approving the sample
agreement on pages 222 and 223 of the Agenda Packet
January 10, 2012 17
BIC 141PG864
Chad Carter, Integrity Lawn and Landscaping, Okeechobee, said he had owned his
landscaping business for seven years, and currently maintains numerous properties from
Okeechobee to Fort Pierce. He felt he could provide a good landscaping service at the agreed
price due to the cost savings in drive time and fuel, which would be absorbed through other
clients in the local area.
The Board and staff discussed local preference not being used in the award of the bids,
what the contracts would include, the broad range in submitted bid amounts, the loss of four full-
time County positions in the Park Division, and gaining efficiency.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Wheeler, the Board unanimously: (1) approved
bid award to Boro Building and Property Maintenance,
Inc., Sarasota, for the janitorial maintenance portion of the
bid, in the amount of $56,641.61 annually, as the most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid;
(2) approved the bid award to Integrity Lawn and
Landscaping, Okeechobee, for the landscape maintenance
portion of the bid, in the amount of $15,120 annually, as
the most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid;
(3) approved the sample agreement; and (4) authorized the
Chairman to execute said agreement after receipt and
approval of the required certificate of insurance, and after
the County Attorney has approved the agreement as to
form and legal sufficiency, all as recommended in the
memorandum of January 4, 2012.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 10, 2012 18
440
BK 141 PG 865
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12. G.1. VERO BEACH SPORTS VILLAGE SOCCER FIELD COST ESTIMATE
INCREASE
Management and Budget Director Jason Brown recapped his memorandum dated January
4, 2012, providing background and conditions relating to the facility lease agreement that the
County originally entered into with Minor League Baseball (M1LB), now Verotown LLC, on
May 1, 2009, and amended on May 3, 2011. He revealed that MILB had requested that the
soccer field be increased from the original agreement of a regulation size soccer field of 54,000
square feet, with a 20 -foot perimeter totaling 74,800 square feet, to a larger field that would
measure about 134,400 square feet. He thereafter provided cost estimates for both fields, and
recommended that staff proceed with the regulation size field in accordance with the original
agreement, and revise the budget from $122,291 to $130,000.
Craig Callan, MiLB Vice President, Vero Beach Sports Village, stated that he is very
satisfied with how MiLB and the County had been working together. He believed the larger
field would maximize usage opportunities for lacrosse, soccer, football, and rugby.
Vice Chairman O'Bryan wanted to know if MiLB's contribution would come from the
Capital Reserve Account.
January 10, 2012 19
BK 141 PG 866
Mr. Callan conveyed that it would not come from the Capital Reserve Account, but from
staffing, planning, and possibly using man hours for irrigation.
Bob Johnson, Coral Wind Subdivision, questioned whether the $130,000 would come
from County taxpayer money, and was informed that it was not; this was money that had already
been approved and was part of the original estimate of $3,120,500.
Administrator Baird further clairifed that ad valorem taxes were not used for this,
optional sales tax was, and it had already been allocated in the budget.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously
authorized staff to: (1) proceed with the regulation sized
field in accordance with the agreement; and (2) proceed
working with MiLB to spend up to the revised budget
amount of $130,000, keeping the original estimate of
$3,120,500 unchanged.
12.H. RECREATION - NONE
12.1. PUBLIC WORKS - NONE
January 10, 2012 20
EW 141 PG 8(7
12.J. UTILITIES SERVICES
12. J.1. WORK ORDER NO. 1--- PROFESSIONAL SERVICES TO KIMLEY-HORN &
ASSOCL4TES, INC. FOR MEMBRANE REPLACEMENT FOR NORTH RO SKIDS
#1 AND #2 AND PRODUCT WATER QUALITY EVAL UATIONAT NORTH AND
SOUTH RO WATER TREATMENT PLANT
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Work Order No. 1 to Kimley-Horn and Associates in the
amount of $42,300, as recommended in the memorandum
of December 20, 2011.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.2. CONSIDERATION OF CONSULTANT CONTRACT FOR UTILITIES
DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT
NEIGHBORHOOD REVITALIZATION ADMINISTRATIVE SERVICES FOR
SANITARY SEWER AND DRAINAGE IMPROVEMENTS IN THE WEST
WABASSO COMMUNITY
Commissioner Solari pointed out that the County had received a letter from the
Department of Economic Opportunity (DEO) stating that Community Development Block Grant
(CDBG) funding was approved for the project.
January 10, 2012 21
BK 141 PG 868
MOTION WAS MADE by Vice Chairman O'Bryan,
SECONDED by Commissioner Davis, to approve the
proposed contract, in form, with Guardian Community
Resource Management, Inc., for administration of a
Neighborhood Revitalization Community Development
Block Grant, and authorize the Chairman to execute same
upon formal written acknowledgement from the
Department of Economic Opportunity (DEO), as
recommended in the memorandum of December 16, 2011.
Capital Projects Manager Michael Hotchkiss reiterated that the letter stating that Indian
River County would be funded for the project was received on January 3, 2012. He said he
would be bringing the contract for the Board to accept the grant back in about two weeks.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. TABLED UNTIL JANUARY 17, 2012 - INITIAL CONSIDERATION OF
PROPOSED FUND 101 REFUND ORDINANCE
13.B. TABLED UNTIL JANUARY 17, 2012 - INITIAL CONSIDERATION OF
PROPOSED SIX YEAR IMPACT FEE REFUND ORDINANCE
January 10, 2012 22
141 P6 869
kfra.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN NONE
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN - NONE
14. C. COMMISSIONER WESLEY S. DAVIS - NONE
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER BOB SOLARI - 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, the Board would
reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes
are being prepared separately.
15.B.1.
15.B.2.
APPROVAL OFMINUTES -MEETING OF NOVEMBER 1, 2011
January 10, 2012
APPROVAL OF MINUTES - MEETING OF NOVEMBER 15, 2011
23
BK 141 PG 810
1 S.B.3. Won ORDER No. 2 GEOSYNTEC TO UTILIZE KESSLER CONSULTING
FOR TECHNICAL ASSISTANCE WITH RECYCLABLES PROCESSING
PROCUREMENT
15.B.4. FINAL PAY FOR AMENDMENT 1 TO WORK ORDER No. 13, TO CAMP,
DRESSER & MCKEE, INC. FOR INDL4NRIVER COUNTY ANNUAL PERMIT
COMPLIANCE AND MONITORING FOR 2010 AND 2011
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
There being no further business, the Chairman declared the meeting adjourned at
11:36 a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: MAR 0 6 2012
BCC/LA/2012 Minutes
A %/Lao--
January 10, 2012 24
61
Gary C. eeler, Chairman
BK 141 PG 871