HomeMy WebLinkAbout04/05/2011 l
MINUTES ATTACHED
BOARD OF COUNTY
ER COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
PEW ' ' TUESDAY, APRIL 5, 2011 - 9 : 00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov. com
COUNTY COMMISSIONERS
Bob Solari, Chairman District 5 Joseph A. Baird, County Administrator
Gary C. Wheeler, Vice Chairman District 3 Alan S. Polackwich, Sr. , County Attorney
Wesley S. Davis District 1 Jeffrey K. Barton , Clerk to the Board
Joseph E. Flescher District 2
Peter D. O ' Bryan District 4
1 . CALL TO ORDER 9 : 00 A.M. PAGE
2. INVOCATION Pastor Doug Vogt, First Church of God
3 . PLEDGE OF ALLEGIANCE Commissioner Peter D . O ' Bryan
4 • ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Honoring the Recipients of the 2011 Dan K .
Richardson Award, Dr. A Ronald Hudson and Mr. Carter W . Hopkins 1
B . Presentation of Proclamation Honoring Lieutenant Jo Ann Baker on Her
Retirement from the Indian River County Sheriff' s Department 2
April 5 , 2011 Page 1 of 7
5• PROCLAMATIONS and PRESENTATIONS
AGE
C. Presentation of Proclamation Designating April 10 through 16 20 P
Crime Victims ' Rights Week in Indian River County. g 11 , as
- - - - - - - - - - - - g - - - - - - - - - - - - - - - - - - - 3
D. Presentation of Proclamation Recognizing National Telecommunicator ' s
Week
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4
6• APPROVAL OF MINUTES
A. Regular Meeting of February 15 , 2011
Be Regular Meeting of March 1 , 2011
C. Regular Meeting of March 8 , 2011
79 INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8• CONSENT AGENDA
A. Approval of Warrants and Wires — March 11 , 2011 to March 17, 2011
(memorandum dated March 17' 2011 ) 5 - 12
- - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - -
Be Approval of Warrants and Wires — March 18 , 2011 to March 24 , 2011
(memorandum dated March 24 ' 2011 ) 13 - 19
-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - -
co Request for Proposal — Basic Life, Voluntary Life, Long-Term Disability
and Other Voluntary Products
(memorandum dated March 29 2011 )A- - - - - - - ted . - h .29' - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - _29 - -
D. Miscellaneous Budget Amendment 013
(memorandum dated March 29 2011
- - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
21 -23 -
E. Rejection of Bids for Irc Bid No . 2011031 Indian River County Transit
Facility
(memorandum arc
dum dated March 28 , 2011_
- - - ) 24-27
F. Request for Authorization to Allow the Board Chairman to Execute an
Agreement for Placement of ATM Machines
(memorandum dated March 22 2011 ) 28 -31
April 5 , 2011 Page 2 of 7
8o CONSENT AGENDA
G. Traffic Control Device Ledger PAGE
(memorandum dated March 17' 2011 ) 32 -51
. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
H. Florida Inland Navigation District FY 2011 Waterways Assistance Program
Authorizing Resolution for the Oslo Boat Ramp Improvements
(memorandum dated March 22 2011 ) 52 - 58
I. Approval Work Order No . 2 (Engineering) with Universal Engineering
Sciences, Inc . Providing Professional Geotechnical Services In Accordance
with the Annual Geotechnical Service Contract RFQ No . 2010021 , Oslo
Road Phase 11 Roadway Widening (43 `d Avenue to 27t'' Avenue) IRC Project
#0533
(memorandum dated March 23 , 2011 ) 59 -66
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9 - 6
J. Change Order No . 2 — Final Pay and Release of Retainage 5t' Street SW
Bridge Replacement and Intersection Improvements IRC Project No . 0206
IRC Bid No .
(memorandum dated March 17, 2011 ) 67- 78
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - -
K. Amendment No . 6 to the Civil Engineering and Land Surveying Agreement
for Intersection Improvements at SR60 and 43 `d Avenue and Widening of
43 `d Avenue from 18 `h Street to 26th Street
(memorandum dated March 18 ' 2011 ) 79- 86
- - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . .
L . Request for Approval for Indian River County to participate in ESRI
Community Map Program and request authorization for GIS Manager to
sign and submit Community Maps Program Participation Agreement to
ESRI
(memorandum dated March 29 ' 2011 ) 87-98
- - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Me Approval to Authorize Payment for Shulman, Rogers , Gandal , Pordy, &
Ecker, P . A. for 800 MHz Rebanding
(memorandum dated March 30 , 2011 ) 99- 102
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - -
N. Approval of the Post Disaster Redevelopment Plan Services Agreement
(Phase I and Phase II) with the Treasure Coast Regional Planning Council
(memorandum dated March 28 , 2011 )
_ _
-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - 103 - 125
O. Sector 3 Beach Restoration Project, Change Order #4 — Fuel Cost
Adjustment, Ranger Construction Industries, Inc .
(_ memorandum dated March 31 2011
- - - - - - - - - - - - - - - - - - 126- 134
9• CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
April 5 , 2011 Page 3 of 7
10. PUBLIC ITEMS
PAGE
A. PUBLIC HEARINGS
None
Be PUBLIC DISCUSSION ITEMS
None
Co PUBLIC NOTICE ITEMS
None
11 . COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A• Community Development
1 . Deferred from March 22 , 2011 Meeting :
Dr. Leslie Tar ' s Request that the Board of County Commissioners
Rescind a $ 15 , 000 Fine Imposed by the Code Enforcement Board
for a Dune Vegetation Removal Violation at 2252 Magan ' s Ocean
Walk (Lot 18 , Atlantis Subdivision)
(memorandum dated March 14 2011 )
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -' 135 - 183
Be Emergency Services
None
C, General Services
None
D, Human Resources
None
E, Human Services
None
F, Leisure Services
None
April 5 , 2011 Page 4 of 7
12 . DEPARTMENTAL MATTERS
PAGE
G. Office of Management and Budeet
1 • Children ' s Services Funding Allocation for Fiscal Year 2011 /2012
(memorandum dated March 29 2011 )
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 184 _
H. Recreation
None
I. Public Works
1 . Staff Update — Sector 3 Beach Renourishment Project
(no back-up)
29 Work Order No . 11 (Tasks 5 - 9) Coastal Technology Corporation
Inc . , Sector 3 Beach Restoration Project, Phase 1 and Phase 2 Post
Construction Monitoring Services
(memorandum dated March 25 , 2011 )
- - - - - - - - - - - - - - - - - 185 - 196
J. Utilities Services
1 . Approval of Work Order with Geosyntec for Ground Water
Assessment and Monitoring Proposal for Old Savannah Lift Station
(memorandum dated March 10, 2011 ) 197-206
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .
13 . COUNTY ATTORNEY MATTERS
A. Settlement Offer on Claim on Bid Bond (North Water Treatment Plant)
(memorandum dated March 29 ' 2011 ) 207-212
- - - - - - - - - - - - - - - - - - -
B. Proposed Resolution Setting Forth the Board ' s Position on Certain Issues
Relating to the City of Vero Beach Electric System
(memorandum dated March 29 2011 ) 213 -217
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
C . Apyroval of Mediated Settlement Agreement for Parcel 112 located at 4785
66 Avenue owned by Phyllis Brown
(memorandum arc
dum dated March 15 , 2011_
- - - ) 218 -227
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
D. Offer of Judgment on Abazis Parcels 102/401
(memorandum dated March 29 , 2011 ) 228 -229
-
E. Offer of Judgment on Bethel , Parcel # 108
(memorandum dated March 30 , 2011 ) - 230 -231
April 5 , 2011 Page 5 of 7
14. COMMISSIONERS ITEMS
A. Commissioner BobilillI N'21, ariq Chairman PAGE
1 . Transparency
(memorandum dated March 30 2011 )
- - - - - - - - - - - - - - 232 -234
2 . Water & Sewer Franchise — County Customer Notification
(memorandum dated March 31 2011 )
- - - - - - - - - - - - - - - - > - - - - - - 7
B. Commissioner Gary C Wheeler Vice Chairman
None
C. Commissioner Wesley So Davis
None
D. Commissioner Joseph E Flescher
None
E . Commissioner Peter Do O 'Bryan
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
Be Solid Waste Disposal District
None
CO Environmental Control Board
None
16. ADJOURNMENT
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 .
April 5 , 2011 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.
April 5 , 2011 Page 7 of 7
4�41�R
JEFFREY K . BARTON
Clerk to the Board
�ORI04'
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
APRIL 5 , 2011
1 , CALL TO ORDER , , , , , , " , " , , , , , , 1
2 . INVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3 , PLEDGE OF ALLEGIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
DELETION : ITEM 13 . E , OFFER OF JUDGMENT ON BETHEL , PARCEL # 108 . . . . . . . . . . . . . . . . . . .
2
5 . PROCLAMATIONS AND PRESENTATIONS
5 . A , PRESENTATION OF PROCLAMATION HONORING THE RECIPIENTS OF THE 2011
DAN K . RICHARDSON AWARD , DR , A . RONALD HUDSON AND MR , CARTER W .
HOPKINS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S . B . PRESENTATION OF PROCLAMATION HONORING LIEUTENANT JO ANN BAKER ON
HER RETIREMENT FROM THE INDIAN RIVER COUNTY SHERIFF ' S DEPARTMENT . . . . . . . . . . 2
5 . C . PRESENTATION OF PROCLAMATION DESIGNATING APRIL 10 THROUGH 16 , 2011 9
AS CRIME VICTIMS ' RIGHTS WEEK IN INDIAN RIVER COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 3
5 . D . PRESENTATION OF PROCLAMATION RECOGNIZING NATIONAL
TELECOMMUNICATOR ' S WEEK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
April 5 , 2011 1
6 . APPROVAL OF MINUTES
. . . . . . . . . . . . . . . .
6 . A . REGULAR MEETING OF FEBRUARY 15 2011
6 . 13 . REGULAR MEETING OF MARCH 1 201 1
REGULAR MEETING OF MARCH 8 , 201 1 . . . . . . . . . . . . . . .
7• INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . CONSENT AGENDA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1111 4
. . . . . . . . . . . . . . . . . . .
A • APPROVAL OF WARRANTS AND WIRES - MARCH 1 1 , 2011 TO MARCH 17 , 201 1 . . . . . . . . . 4
8 . B . APPROVAL OF WARRANTS AND WIRES - MARCH 18 , 2011 TO MARCH 24 , 2011 . . . . . . . . . 5
8 . C . REQUEST FOR PROPOSAL - BASIC LIFE , VOLUNTARY LIFE , LONG - TERM
DISABILITY AND OTHER VOLUNTARY PRODUCTS . . . . . . . . . . . . . .
8 . D . MISCELLANEOUS BUDGET AMENDMENT 013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . E . REJECTION OF BIDS FOR IRC BID NO . 2011031 INDIAN RIVER COUNTY
TRANSIT FACILITY . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . F . REQUEST FOR AUTHORIZATION TO ALLOW THE BOARD CHAIRMAN TO EXECUTE
AN AGREEMENT FOR PLACEMENT OF ATM MACHINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . G . TRAFFIC CONTROL DEVICE LEDGER
8 . H . FLORIDA INLAND NAVIGATION DISTRICT FY 2011 WATERWAYS ASSISTANCE
PROGRAM AUTHORIZING RESOLUTION FOR THE OSLO BOAT RAMP
IMPROVEMENTS , . , , . . . . . I . . 1 . . 0 . 4 0 . .
B . I . APPROVAL WORK ORDER NO . 2 ( ENGINEERING ) WITH UNIVERSAL
ENGINEERING SCIENCES , INC . PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICE
CONTRACT RFQ NO , 2010021 , OSLO ROAD PHASE II ROADWAY WIDENING
( 43RD AVENUE TO 27T" AVENUE ) IRC PROJECT # 0533 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 7
8 . J . CHANGE ORDER NO . 2 - FINAL PAY AND RELEASE OF RETAINAGE 5TH STREET
SW BRIDGE REPLACEMENT AND INTERSECTION IMPROVEMENTS IRC PROJECT
No , 0206 IRC BID No . 2008075 . . . . . . . . . . . . . . . . . . . .
8 . K . AMENDMENT NO , 6 TO THE CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT FOR INTERSECTION IMPROVEMENTS AT SR60 AND 43RD AVENUE
AND WIDENING OF 43RD AVENUE FROM 18TH STREET TO 26TH STREET , , . . . . . . . . . . . . . 8
April 5 , 2011 2
8 • L . REQUEST FOR APPROVAL FOR INDIAN RIVER COUNTY TO PARTICIPATE IN ESRI
COMMUNITY MAP PROGRAM AND REQUEST AUTHORIZATION FOR GIS
MANAGER TO SIGN AND SUBMIT COMMUNITY MAPS PROGRAM PARTICIPATION
AGREEMENT TO ESRI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
. . . . . . . . . . . . . . . . . . .
8 . M . APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN , ROGERS , GANDAL ,
PORDY , & ECKER , P . A . FOR 800 MHz REBANDING eggs . . . . . . . . . . . . . . . . . . . . . . . 9 . 00 . .
. . . . 0 . . . . . . . . . . . 10
8 . N , APPROVAL OF THE POST DISASTER REDEVELOPMENT PLAN SERVICES
AGREEMENT (PHASE I AND PHASE II) WITH THE TREASURE COAST REGIONAL
PLANNING COUNCIL . . . . . . . . . . . . 1 . 01 . . . 1 10
8 . 0 , SECTOR 3 BEACH RESTORATION PROJECT , CHANGE ORDER # 4 — FUEL COST
ADJUSTMENT , RANGER CONSTRUCTION INDUSTRIES , INC , . . . 0 . . . . . o 11
9 , CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE . . . . . . . . . . . . . . . . 12
10 . PUBLIC ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 13
IO . A . PUBLIC HEARING ( S ) — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 0 . . . . . . 000 . . . . . . . . . . 13
10 . 13 . PUBLIC DISCUSSION ITEMS — NONE . . . . . . . . . . . . . . .
10 . C . PUBLIC NOTICE ITEMS — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . I . . . . . I . . . . . . . . . . . . . . . . . . . . . . . 13
11 . COUNTY ADMINISTRATOR MATTERS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 13
12 . DEPARTMENTAL MATTERS * 001 # * 110140 001 . 00000 , 00 sees . . 13
12 . A . COMMUNITY DEVELOPMENT . . . . go . . .
12 . A . 1 . DEFERRED FROM MARCH 22 , 2011 MEETING : DR . LESLIE TAR ' S REQUEST
THAT THE BOARD OF COUNTY COMMISSIONERS RESCIND A $ 15 , 000 FINE
IMPOSED BY THE CODE ENFORCEMENT BOARD FOR A DUNE VEGETATION
REMOVAL VIOLATION AT 2252 MAGAN ' S OCEAN WALK ( LOT 18 , ATLANTIS
SUBDIVISION ) , . . . . . . ego o . , o . . o . . . . . so . . . . goose . . . . I . . . . . . 0 . .
. 13
12 . B . EMERGENCY SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . I . . . . I . . . . . . . 0 . . . . . . 0 . . 14
12 . C . GENERAL SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . 11 . 0 . . . . . . .
. . . . . . . . . . . . . . . .
12 . 13 . HUMAN RESOURCES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
12 . E . HUMAN SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
eggs . . . . . . . . sales . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 . F . LEISURE SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . .
April 5 , 2011 3
12 . G , OFFICE OF MANAGEMENT AND BUDGET . . . . . . . . . . . . . . . . . . . . . . . .
12 , G . 1 . CHILDREN ' S SERVICES FUNDING ALLOCATION FOR FISCAL YEAR 2011 - 2012 . . . . . . . . . . 15
12 . H . RECREATION - NONE . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 15
12 , I . PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 . 1 . 1 . STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT . , 15
12 . I . 2 , WORK ORDER NO , 1 1 ( TASKS 5 - 9 ) COASTAL TECHNOLOGY CORPORATION INC . ,
SECTOR 3 BEACH RESTORATION PROJECT , PHASE I AND PHASE 2 POST
CONSTRUCTION MONITORING SERVICES , . . , . . , . . , . . , , 16
12 . J . UTILITIES SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 , J . 1 . APPROVAL OF WORK ORDER WITH GEOSYNTEC FOR GROUND WATER
ASSESSMENT AND MONITORING PROPOSAL FOR OLD SAVANNAH LIFT STATION . . . . . . 17
13 , COUNTY ATTORNEY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 . A . SETTLEMENT OFFER ON CLAIM ON BID BOND (NORTH WATER TREATMENT
PLANT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
. . . . . . . . . . . . . . . . . . . . . . .
13 . 13 . PROPOSED RESOLUTION SETTING FORTH THE BOARD ' S POSITION ON CERTAIN
ISSUES RELATING TO THE CITY OF VERO BEACH ELECTRIC SYSTEM 19
13 . C , APPROVAL OF MEDIATED SETTLEMENT AGREEMENT FOR PARCEL 1 12 ,
LOCATED AT 4785 66T" AVENUE OWNED BY PHYLLIS BROWN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 21
13 . D . OFFER OF JUDGMENT ON ABAZIS PARCELS 1021401 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 22
13 . E . OFFER OF JUDGMENT ON BETHEL , PARCEL # 108 - DELETED . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 22
14 , COMMISSIONER ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
14 . A . COMMISSIONER BOB SOLARI , CHAIRMAN . . . . . . . . . . . . . . 22
14 . A , 1 . TRANSPARENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
14 . A , 2 . WATER & SEWER FRANCHISE - COUNTY CUSTOMER NOTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . 23
14 . 13 . COMMISSIONER GARY C . WHEELER , VICE CHAIRMAN - NONE . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 25
14 , C , COMMISSIONER WESLEY S . DAVIS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . , , . . . 25
. . . . . . . . . . . . . . . . . . . . .
14 . 1) . COMMISSIONER JOSEPH E . FLESCHER - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . , , 25
14 . E . COMMISSIONER PETER D . O ' BRYAN - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
15 . SPECIAL DISTRICTS AND BOARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 25
15 . A , EMERGENCY SERVICES DISTRICT - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
April 5 , 2011 4
15 . B . SOLID WASTE DISPOSAL DISTRICT - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
15 . C . ENVIRONMENTAL CONTROL BOARD - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 25
16 . ADJOURNMENT , , , , , . , . , , . , , . , , . . . . . 0 4 . . . . . . . 25
April 5 , 2011 5
i'
JEFFREY K . BARTON
Clerk to the Board
'�lORIOp'
April 5 , 2011
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 27`h Street, Vero Beach, Florida, on
Tuesday, April 5 , 2011 . Present were Chairman Bob Solari , Vice Chairman Gary C . Wheeler,
Commissioners Wesley S . Davis , Joseph E . Flescher, and Peter D . O ' Bryan . 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 Solari called the meeting to order at 9 : 00 a. m .
2 . INVOCATION
Pastor Doug Vogt, First Church of God, delivered the Invocation .
I PLEDGE OF ALLEGIANCE
Commissioner O ' Bryan led the Pledge of Allegiance to the Flag .
April 5 , 2011 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Solari requested the following change to the Agenda :
DELETION: ITEM 1.3. E. OFFER OF jj GMENTONBETHEL9 PARCEL #108
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
the Agenda as amended .
5 . PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OFPROCLAMATIONHONORING THE RECIPIENTS OF THE
2011 DANK. RICHARDSONA WARD9 DR. A . RONALD HUDSONAND MR.
CARTER W. HOPKINS
Chairman Solari read and presented the Proclamation to Dr. A . Ronald Hudson and Mr.
Carter W. Hopkins for their lifelong commitment to philanthropic endeavors that have directly
benefitted County residents .
S. B. PRESENTATION OFPROCLAMATIONHONORINGLIEUTENANT ,JOANN
BAKER ONHER RETIREMENT FROM THE INDIANRIVER COUNTY
SHERIFF 'S DEPARTMENT
Commissioner Wheeler read and presented the Proclamation to Jo Ann Baker on her
retirement .
April 5 , 2011 2
Sheriff Deryl Loar commended Ms . Baker for her 30 -year career, and pointed out that she
was the first Programs Director in the Corrections Division of the Sheriff' s Office . He spoke
about the numerous duties she had been tasked with outside the Sheriff' s office , and stressed that
she had coached, trained, and obtained more GED ' s for the inmate population than any other
adult education program in the County .
S. C. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 10 THRO UGH
169 2011 , AS CRIME VICTIMS ' RIGHTS WEEK IN INDIAN RIVER COUNTY
Commissioner Flescher read the Proclamation . Paul Zelno , Indian River County
Victims ' Rights Coalition, and team members received the Proclamation on behalf of all the
County ' s victims of crime .
5. D. PRESENTATION OF PROCLAMATION RECOGNIZING NATIONAL
TELECOMMUNICATOR 'S WEEK
Commissioner Davis read and presented the Proclamation to Sandy Fox , who received
the Proclamation along with numerous County public safety dispatchers .
6 . APPROVAL OF MINUTES
6.A. REGULAR MEETING OF FEBRUARY 1 S, 2011
6. B. REGULAR MEETING OF MARCH ] . 2011
6. C. REGULAR MEETING OFMARCH S, 2011
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meetings of February 15 , 2011 , March 1 , 2011 , or March 8 , 2011 . There were none .
April 5 , 2011 3
r
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, the Board unanimously
approved the Minutes of the Regular Meetings of
February 15 , 2011 , March 1 , 2011 , and March 8 , 2011 , as
written .
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION = NONE
8 . CONSENT AGENDA
The following items were requested to be pulled for discussion : Chairman Solari
requested 8 . F . , Commissioner O ' Bryan requested 8 . K . , and Commissioner Davis requested 8 . 0 .
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 - MARCH 11 2011 TO MARCH 17
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 March 11 , 2011 to March 17 ,
2011 , as requested in the memorandum of March 17 ,
2011 ,
April 5 , 2011 4
8. B. APPROVAL OF WARRANTS AND WIRES — MARCH 18a 2011 TO MARCH 24
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 March 18 , 2011 to March 24 ,
2011 , as requested in the memorandum of March 24 ,
2011 ,
& C REQUEST FOR PROPOSAL — BASIC LIFE. VOL UNTARY LIFE. LONG TERM
DISABILITYAND OTHER VOLUNTARYPRODUCTS
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously
authorized staff to issue a Request for Proposal (RFP) for
Basic Life , Voluntary Life, Long- Term Disability and
Other Voluntary Products, as recommended in the
memorandum of March 29 , 2011 .
8. D. MISCELLANEOUS BUDGETAMENDMENT 013
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
Resolution 2011 -023 , amending the Fiscal Year 2010 -
2011 Budget .
April 5 , 2011 5
E
8. E. REJECTION OFBIDS FOR IRCBID NO. 201103] INDIANRIVER COUNTY
TRANSIT FACILITY
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously rejected
all bids , since none of the bids within the project budget
met the project specifications set forth in the Invitation to
Bid (requiring the contractor to have completed a project
that received a Florida Green Building Certification) , as
recommended in the memorandum of March 28 , 2011 .
8. F. REQUEST FOR A UTHORmTION TO ALLOW THE BOARD CHAIRMAN TO
EXECUTE ANAGREEMENT FOR PLACEMENT OFATMMACHINES
Chairman Solari voiced two concerns pertaining to the placement of ATM machines in
County Buildings A and B . He had an issue with this piggy-backing on a contract with an
Orlando firm without offering local banks an opportunity to bid , and the $ 2 . 50 fee that would be
added to each transaction for the use of the ATM ' s . He felt it unfair for taxpayers to go to the
Tax Collectors ' office to pay their taxes or fees and be charged an ATM fee , since they have
already paid for the Administration complex through their taxes .
Discussion ensued regarding the use of credit cards and ATM cards , user fee charges ,
pursuing local competitive bidding, and the possibility of adding an ATM machine at the
Courthouse .
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Davis , the Board unanimously directed
the County Administrator to work with staff in deciding
what ATM ' s are needed , where they are needed , and to
bring the results back to the Board before going out for
bids .
April 5 , 2011 6
t
8. G. TRAFFIC CONTROL DEVICE LEDGER
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
Resolution 2011 - 024 , approving traffic control devices
authorized by the Director of Public Works ,
8. H. FLORIDA INLAND NAVIGATIONDISTRICT FY2011 WATERWAYS
ASSISTANCE PROGRAMA UTHORIZING RESOL UTION FOR THE OSLO BOAT
RAMP IMPROVEMENTS
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
Resolution 2011 -025 , for assistance under the Florida
Inland Navigation District Waterways Assistance
Program .
8. I. APPROVAL WORK ORDER NO. 2 (ENGINEERING) WITH UNIVERSAL
ENGINEERING SCIENCES, INC. PROVIDING PROFESSIONAL
GEOTECHNICAL SERVICES INACCORDANCE WITH THE ANNUAL
GEOTECHNICAL SERVICE CONTRACT RFQ NO. 2010021 . OSLO ROAD
PHASE H ROADWAY WIDENING (43RD A VENUE TO 2 fff A VENUE) IRC
PROJECT # 0533
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
Work Order No . 2 to Universal Engineering Sciences,
Inc . , for projects as outlined in the Scope of Services , and
authorized the Chairman to execute same for a not-to -
April 5 , 2011 7
f
exceed amount of $ 55 , 446 . 00 , as recommended in the
memorandum of March 23 , 2011 .
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Me CHANGE ORDER No. 2 — FINAL PAYAND RELEASE OF RETAINAGE STH
STREET SW BRIDGE REPLACEMENT AND INTERSECTIONIMPROVEMENTS
IRCPRO.IECTNO, 0206IRCBiD No. 2008075
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
Change Order No . 2 , and payment of Sheltra and Son
Construction Company, Inc . Application for Payment No .
14 , for final payment and release of retainage in the
amount of $ 94 , 633 . 00 , as recommended in the
memorandum of March 17 , 2011 .
8. K. AMENDMENT NO. 6 TO THE CIVIL ENGINEERING AND LAND SUR VEYING
AGREEMENT FOR INTERSECTIONIMPROVEMENTS AT SR60 AND 43RD
A VENUE AND WIDENING OF 43RD A VENUE FROM 18TH STREET TO 26TH
STREET
At Commissioner O ' Bryan ' s request, Public Works Director Chris Mora provided an
update on the intersection redesign and required right-of-way necessary to complete the SR60
and 43rd Avenue intersection.
April 5 , 2011 8
5
ON MOTION by Commissioner O ' Bryan, SECONDED
by Commissioner Davis , the Board unanimously approved
Amendment No . 6 to Arcadis G&M, Inc . , in the amount of
$29, 080 . 00 , for the Civil Engineering and Land Surveying
Agreement, and authorized the Chairman to execute same ,
as recommended in the memorandum of March 18 , 2011 .
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B. L. REQUEST FOR APPROVAL FOR INDIANRIVER COUNTY TO PARTICIPATE IN
ESRI COMMUNITYMAP PROGRAMAND REQUEST A UTHORIZATION FOR
GIS MANAGER TO SIGNAND SUBMIT COMMUNITYMAPS PROGRAM
PARTICIPATIONAGREEMENT TO ESRI
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously :
( 1 ) approved participation by Indian River County in the
Environmental Systems Research Institute , Inc . (ESRI)
Community Basemap Program ; (2 ) authorized the
Geographic Information Systems (GIS ) Manager to
execute the ESRI ArcGIS Online Community Maps
Program Participation Agreement No . 2011DAT 1188 ; and
(3 ) authorized the GIS Manager to submit the executed
Agreement to ESRI , as recommended in the memorandum
of March 29 , 2011 .
April 5 , 2011 9
8. M. APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN ROGERy"sq GANDAL
PORDY & ECKER9 P.A. FOR 800 MHz REBANDING
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
the Incumbent Acknowledgement, and authorized that
services identified on the invoice have been performed , as
recommended in the memorandum of March 30 , 2011 .
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. N. APPROVAL OF THE POST DISASTER REDEVELOPMENT PLAN SERVICES
AGREEMENT (PHASE I AND PHASE II) WITH THE TREASURE COAST
REGIONAL PLANNING COUNCIL
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
the contracts for Post-Disaster Redevelopment Plan
(PDRP) for Phase I and Phase II with the Treasure Coast
Regional Planning Council , as recommended in the
memorandum of March 28 , 2011 .
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
April 5 , 2011 10
8. 0. SECTOR 3 BEACH RESTORATIONPROJECT CHANGE ORDER #4 - FUEL
COST ADJUSTMENT. RANGER CONSTRUCTIONINDUSTRIES, INC
Commissioner Davis voiced concerns over escalating fuel prices and the resulting
Change Orders for cost adjustments . He wanted to know what could be done to keep this from
coming back to the Board on a continuing basis , and if it would make sense to continue the
permit on Phase III .
Director Mora reported that staff had reviewed the overall cost of Ranger Construction
Industries , Inc . ' s (Ranger) request for a fuel cost adjustment, and interpreted what the
adjustments would mean if there was a 20% increase in fuel . He recommended approval of
Change Order No . 4 , granting Ranger a fuel cost adjustment of up to $ 1 . 01 per cubic yard of
sand for 261 , 077 cubic yards , for Phase II only, and with a cap on fuel cost adjustments .
County Administrator Joseph Baird voiced concern over escalating fuel costs and felt that
giving Ranger more latitude would allow less control of the project for the County . He
supported the cap on fuel cost adjustments , and encouraged Ranger to complete the project as
soon as possible .
Director Mora calculated that another $ 700 , 000 in engineering and monitoring costs
would be required if the project were to be extended to Phase III , into late 2011 .
County Coastal Engineer James Gray, Jr. clarified that whether the project is completed
early or truncated, four years of monitoring would be required — one year for immediate post
construction monitoring and three years for annual monitoring . He informed the Board that staff
has a meeting scheduled for April 6th with the Department of Environmental Protection (DEP) to
seek relief of monitoring requirements , and that the current permit specifies preconstruction
monitoring for sections that are not completed .
April 5 , 2011 11
4
Commissioner O ' Bryan stated that if the County has four miles of beach to complete in
Phase II , and only two miles are completed, the County should only pay for two miles of
monitoring, and that the invoice should reflect half the cost. He wanted staff to inform Coastal
Tech that when the work order is submitted, it should reflect the entire length of Phase II ,
otherwise it should be proportionate to the amount that will be completed .
Bob Schafer, Vice President of Ranger Construction Industries , Inc . , said that if the
floating index that was suggested in an earlier meeting were to be used for the changes in fuel
price , then a cap should not be assigned , otherwise his company would need to come back to the
Board again, especially since this phase has only one more month of work .
Management and Budget Director Jason Brown calculated the expense for the project and
explained the necessity of assigning a cap .
Commissioner O ' Bryan stressed that the Board ' s goal is to be fair, and at the same time
see the project completed .
ON MOTION by Commissioner O ' Bryan, SECONDED
by Chairman Solari , by a 4- 1 vote (Commissioner Davis
opposed) , the Board approved Change Order No . 4 ,
granting Ranger Construction Industries , Inc . a fuel cost
adjustment of up to $ 1 . 01 per cubic yard for 261 , 077 cubic
yards (Phase II only) for a maximum increase of
$263 , 687 . 77 , as recommended in the memorandum of
March 31 , 2011 .
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES = NONE
April 5 , 2011 12
10 . PUBLIC ITEMS
IO.A. PUBLIC HEARING(S) - NONE
MR PUBLICDISCUSSIONITEMS - NONE
10. C. PUBLIC NOTICE ITEMS - NONE
11 . COUNTY ADMINISTRATOR MATTERS - NONE
12 . DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT
12.A. 1 . DEFERRED FROM MARCH 22, 2011 MEETING: DR. LESLIE TAR 'S
REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS RESCIND A
$159 000 FINE IMPOSED BY THE CODE ENFORCEMENT BOARD FOR A
DUNE VEGETATIONREMOVAL VIOLA TIONAT 2252 MAGAN 'S OCEAN
WALK (LOT 189 ATLANTIS SUBDIVISION)
Environmental Planning and Code Enforcement Chief Roland DeBlois , using a
PowerPoint presentation, recapped his memorandum dated March 14 , 2011 , providing
chronology , analysis , and points raised by Dr . Leslie Tar regarding the fine that was imposed by
the Code Enforcement Board for a dune vegetation removal violation . He urged the Board to
deny Dr . Tar ' s request to rescind the Code Enforcement Board ' s $ 15 , 000 fine assessment .
County Attorney Polackwich divulged that after researching the Court Docket, he did not
find a pending appeal against the County, only the City of Vero Beach . He believed Dr . Tar may
have incorrectly filed an appeal involving the City , not the County .
April 5 , 2011 13
Chairman Solari said that all correspondence from Dr . Tar was addressed to " Indian
River County" , so even though he may have misfiled , he undoubtedly was aware of the situation .
Discussion ensued regarding the extent of the vegetation removal , and Dr . Tar ' s lack of
pursuing the culprit and not having filed a police report .
MOTION WAS MADE by Commissioner O ' Bryan,
SECONDED by Commissioner Flescher, to approve
staff' s recommendation .
Vice Chairman Wheeler felt it distasteful that Dr . Tar requested certain individuals to use
their political clout to negate this issue .
The Chairman CALLED THE QUESTION and the
Motion carried . The Board unanimously approved staff' s
recommendation to deny Dr . Tar ' s request to rescind the
Code Enforcement Board ' s $ 15 , 000 fine assessment, as
recommended in the memorandum of March 14 , 2011 .
12. B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12. D. HUMAN RESOURCES - NONE
12. E. HUMANSERVICES - NONE
12. F. LEISURE SERVICES - NONE
April 5 , 2011 14
12. G. OFFICE OF MANAGEMENT AND BUDGET
12. G. I. CHILDREN 'S SERVICES FUNDING ALLOCATION FOR FISCAL YEAR
2011 -2012
Commissioner O ' Bryan disclosed that the Administrator of Children ' s Services Funding
Brad Bernauer, and Chairperson to the Children ' s Services Committee , Miranda Swanson, were
not notified that this item would be on today ' s Agenda; therefore, he requested this item be
tabled to a time certain of April 19 , 2011 , to allow them time to prepare a response .
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, the Board unanimously
approved to TABLE this item to a time certain of April
19 , 2011 , Board Meeting ,
12. H. RECREATION - NONE
12. L PUBLIC WoRKs
12.1. 1 . STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT
Public Works Director Chris Mora provided a status update (on file) regarding the
individual phases and the construction schedule for the Sector 3 Beach Renourishment Project .
He thereafter explained the process that staff would be required to undertake if an extension were
to be granted .
April 5 , 2011 15
12. 1. 2. WORK ORDER No. 11 (TASKS 54) COASTAL TECHNOLOGY
CORPORA TIONINC. . SECTOR 3 BEACHRESTORATIONPROJECT. PHASE I
AND PHASE 2 POST CONSTRUCTION MONITORING SERVICES
County Engineer Gray reviewed his memorandum dated March 25 , 2011 , providing
history and conditions relating to Work Order No . 11 from Coastal Technology Corporation,
Inc . , for the Sector 3 Beach Restoration Project. He acknowledged that the total cost of the work
order was $ 823 , 641 , and included nine tasks . He said Tasks 1 through 4 were approved on
October 12 , 2010 for $ 316 ,243 , and urged the Board to approve Tasks 5 through 9 for services
relating to the immediate post construction monitoring of Phase II , and the first year post
construction monitoring of Phase I , totaling $ 507 , 398 . He also noted that the services within the
work order are eligible for a 50% cost share when State funds become available , and that the
County could construct the project with its own funds and seek reimbursement within three
years .
Commissioner O ' Bryan suggested waiting to approve Tasks 5 through 9 of Work Order
No . 11 until staff meets with the Department of Environmental Protection (DEP) , on April 6 ,
2011 , to discuss the monitoring requirements on the unfinished portions of Phase II .
A brief discussion ensued regarding the timeframe for monitoring , cost share funding,
and whether two weeks would be enough time to make adjustments to the work order after
meeting with the DEP .
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, the Board unanimously
TABLED this item to a time certain of April 19 , 2011 ,
Board Meeting .
The Chairman called a break at 10: 32 a. m. , and reconvened the Meeting at 10: 45 a. m. ,
with all members present.
April 5 , 2011 16
12. 1 UTILITIES SBR VICES
12. 11. APPROVAL OF WORK ORDER WITH GEOSYNTEC FOR GROUND WATER
ASSESSMENT AND MONITORING PROPOSAL FOR OLD SAVANNAH LIFT
STATION
Director of Utility Services Erik Olson reviewed his memorandum dated March 10 , 2011 .
He provided background and analysis pertaining to the January 2011 diesel fuel spill from an
emergency generator at the Old Savannah Lift station . He requested the Board approve the work
order with Geosyntec Consultants for the proposed scope of services .
A brief discussion ensued regarding the inspection program and the amount of fuel
spilled .
ON MOTION by Commissioner Davis , SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Work Order with Geosyntec Consultants
for groundwater assessment and monitoring plan, in the
amount of $20 , 047 . 00 , as recommended in the
memorandum of March 10 , 2011 .
13 . COUNTY ATTORNEY MATTERS
13.A . SETTLEMENT OFFER ON CLAIM ON BID BOND (NORTH WATER
TREATMENT PLANT)
County Attorney Alan S . Polackwich, Sr. reviewed his memorandum dated March 29 ,
2011 , providing background and analysis concerning the settlement offer of claim on a bid bond
issued by the Guarantee Company of North America (GCNA) , for the North Water Treatment
Plant, that H&D Construction Company (H&D) posted when they submitted their bid . He noted
specific issues relating to the claim filed on H&D ' s bid bond, GCNA ' s offer to settle the claim,
April 5 , 2011 17
1
the argument involving which pump the bid offer included ( Sulzer or Hydroflo) , and the
consideration of using Vocelle and Berg to represent the County in a lawsuit if settlement is not
reached . Attorney Polackwich conveyed that GCNA ' s settlement offer of $ 35 , 000 only
represents about 35 % of the potential recovery ; therefore , recommending the Board reject the bid
offer, make a counter offer of 50% of the bid bond amount, and if the counter offer is rejected ,
execute the Contingent Fee Agreement with Vocelle and Berg on a contingent basis .
Questions and discussion ensued regarding the risk/reward factor, and staff' s direction
should H&D file bankruptcy .
MOTION WAS MADE by Commissioner Davis ,
SECONDED by Commissioner Flescher, to approve
staff' s recommendation .
Vice Chairman Wheeler believed that the $ 35 , 000 settlement offer was being put at risk
to get an additional $ 25 , 000 .
The Chairman CALLED THE QUESTION and the
Motion carried, by a vote of 4 - 1 (Vice Chairman Wheeler
opposed) . The Board approved staff' s recommendation to
reject the bid offer, make a counter offer of 50 % of the bid
bond amount ($ 50 , 513 ) , and should the counter offer not
be accepted, the Chairman will execute the Contingent Fee
Agreement with Vocelle and Berg, all as recommended in
the memorandum dated March 29 , 2011 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
April 5 , 2011 18
13. B. PROPOSED RESOL UTION SETTING FORTH THE BOARD 'S POSITION ON
CERTAINISSUES RELATING TO THE CITY OF VERO BEACH ELECTRIC
SYSTEM
Attorney Polackwich recalled that at the March 15 , 2011 , Board of County Commission
Meeting , he was directed to prepare a resolution setting forth the Board ' s position on issues
relating to the City of Vero Beach electric system . He said the proposed resolution, on pages
214 -217 in the Agenda Packet, was prepared prior to the letter of intent being received from
Florida Power and Light (FPL) ; therefore , if the resolution is approved, verbiage would need to
be adjusted to reflect that a conceptual offer has been received .
Dr. Stephen Faherty , Sr. , 2120 Captain ' s Walk, stated that he had reviewed the
proposed resolution and felt the only required change would be to Section 2 . C . Sale of System ,
referencing the offer made by FPL on April 4 , 2011 . He thereafter provided updated status
regarding the offer, and strongly urged the Board to approve the resolution .
The Board and Dr . Faherty engaged in discussion relating to how this resolution would
help the Public Service Commission understand the County ' s position, and modifying
Section 2 . C . of the Resolution to reflect FPL ' s offer.
Attorney Polackwich noted that on page 2 of the proposed resolution (page 215 of the
Agenda Packet) , the fourth paragraph would need to be modified to reflect that on April 4 , 2011 ,
FPL submitted a letter of intent to the City expressing its interest in purchasing the City electric
system .
April 5 , 2011 19
b.
ON MOTION by Commissioner O ' Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Resolution 2011 -026 , as amended to add:
(1) page 2, fourth paragraph - " WHEREAS, on April 4,
2011 , FPL submitted a letter of intent to the City
expressing its interest in purchasing the City electric
system. and (2) page 3 - Item 2. C. Sale of System " On
April 4, 2011 , FPL submitted a letter of intent expressing
its interest in purchasing the City electric system for a
cash payment of up to $ 100 million. ", setting forth the
Board ' s position on certain issues relating to City of Vero
Beach electric system .
Glenn Heran , 6985 57th Street, clarified the 8 % recover rate disparity of the City of Vero
Beach,
J. Rock Tonkel, Grand Harbor, thanked the Board for their involvement, support, and
the progress that has been made . He briefly recapped the presentation he had made to the Joint
Finance and Utilities Commission . He encouraged the Board to continue negotiations in
regionalization and combining the water and sewer utilities .
Charlie Wilson , 1057 61h Avenue , felt it important to send this message to the Public
Service Commission, and to do so as soon as possible .
John Burns , 1811 East Sandpointe Place , Vero Beach, and President of the South Beach
Property Owners ' Association, pointed out that he and his Association consisting of 2 , 600
electric utility customers supported the Resolution .
April 5 , 2011 20
13. C. APPROVAL OF MEDIATED SETTLEMENTAGREEMENT FOR PARCEL 112,
LOCATED AT 4785 66THAVENUE OWNED BYPHYLLIS BROWN
Deputy County Attorney William DeBraal recapped his memorandum dated March 15 ,
2011 , providing chronology ; the purpose of the project ; the mediation agreement and settlement ;
and recommended the Board approve the Mediated Settlement Agreement for the two -acre
parcel , owned by Phyllis Brown, in the amount of $ 456 , 831 (inclusive of all costs and attorney
fees) . He called attention to two erroneously stated figures on page 219 of the Agenda Packet --
the appraised value of the partial take at $ 459 ,200 , not $ 520 , 000 ; and the County ' s first offer of
$ 206 , 000 , not $ 203 , 770 . He also mentioned that upon entry of the stipulated order, the County
would convey the statutory deed to Mrs . Brown for the 1 . 8 acre Dawsey parcel , which adjoins
her property .
Commissioner O ' Bryan questioned the breakdown of the appraisal ; voiced concern over
increasing numbers and the true value of the land ; and the possibility of proceeding to a jury
trial .
Attorney DeBraal said that if this matter were to proceed to a jury trial , it would only
include the partial take for the needed roadway, not the settlement cost .
ON MOTION by Commissioner Davis , SECONDED by
Commissioner Flescher, by a vote of 4 - 1 (Commissioner
O ' Bryan opposed) , the Board approved the Mediated
Settlement Agreement for Parcel 112 , located at 4785 66th
Avenue , owned by Phyllis Brown, as recommended in the
memorandum of March 15 , 2011 .
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
April 5 , 2011 21
B. D. OFFER OF JUDGMENT ONABAZIS PARCELS 102/401
Attorney DeBraal provided background regarding Parcels 102 and 401 , which are needed
for the 66th Avenue improvement project. He spoke about staff' s unsuccessful attempts at
reaching an agreement during the last mediation, and how staff wants to make an Offer of
Judgment to Mrs . Abazis . He asked the Board to approve the Offer of Judgment to Mrs . Abazis
to settle the matter and limit the costs .
ON MOTION by Commissioner Davis , SECONDED by
Commissioner Flescher, the Board unanimously
authorized an Offer of Judgment to Ann Abazis in the
amount of $ 750 , 000 . 00 , as recommended in the
memorandum of March 29 , 2011 .
13. E. OFFER OF JUDGMENT ON BETHEL, PARCEL # 108 - DELETED
Item deleted .
14 . COMMISSIONER ITEMS
14A COMMISSIONER BOB SOLARI, CHAIRMAN
14.A. 1 . TRANSPARENCY
Chairman Solari conveyed that a group called " Sunshine Review" , who grades
Government on transparency , had rated the Commission with a grade of B - . Believing that the
current Board is very open and transparent, he questioned the accuracy of the rating .
Administrator Baird explained the process of the grading system, the results of other
Counties in the State , and what is required to receive an improved grade .
April 5 , 2011 22
t
A
5
14.A. 2. WATER & SEWER FRANCHISE - COUNTY CUSTOMER NOTIFICATION
Chairman Solari advised the Board that Dr . Stephen Faherty and Mr . Glenn Heran felt it
was the proper time to inform the City of Vero Beach (City) that the County would like to have
all County customers transferred to the County sewer, wastewater, and reuse water system by the
end of the current Franchise Agreement . He agreed, and urged the Board to consider the same .
Dr. Stephen Faherty, Sr. , 2120 Captain ' s Walk, urged the Board to advise the City of
the customer transfer, which would provide the City with the five -year required notice of intent.
John Burns , 1811 East Sandpointe Place , Vero Beach, and President of the South Beach
Property Owners ' Association, reported that the Association fully supports the proposal to merge
to the County ' s Water, Sewer, and Irrigation (WSI) system for the City, the Town of Indian
River Shores and South Beach region.
Chairman Solari urged the Board to review the proposed resolution (page 236 and 237 of
the Agenda Packet) , so that it, or something similar, can be sent to the City prior to the meeting
of April 29 , 2011 .
Commissioner O ' Bryan verbalized the options as : ( 1 ) renew the current franchise
agreement ; (2 ) combine with the City and have a regional water utility system ; or (3 ) proceed
with serving the County residents with water and wastewater. He supported option 2 and also
sending the City a letter referencing the resolutions and informing them of the intent to not renew
the franchise agreement .
Commissioner Davis supported option 2 , a regionalized system .
Renee Renzi, Waverly Place, voiced concern over the smell of the sewage treatment
plant, and wanted to know if this would lead to dismantling the plant facility .
April 5 , 2011 23
Chairman Solari acknowledged that it would take approximately two to three years for
dismantling the facility, and expressed that it was the County ' s desire to move as quickly as
possible , to stop utilizing the plant, which would end the smell , and to have the existing County
facilities process the waste .
MOTION WAS MADE by Commissioner O ' Bryan,
SECONDED by Chairman Solari , to : ( 1 ) send a letter to
the City of Vero Beach (City) notifying them of the
County ' s intent to not renew the existing Franchise
Agreement, as referenced by Resolutions 87- 13 and 87 - 14 ,
and (2 ) include a paragraph stating that the ultimate goal is
to have a regionalized water/wastewater system for all
residents in Indian River County .
In response to Commissioner Davis ' s concerns regarding the franchise agreement,
Attorney Polackwich clarified that although the agreement does not require a notice if there is no
intention of renewal ; if the intent is clearly to not renew, then a notice would be appropriate . He
confirmed that this item does not require a public notice or public hearing, and that moving
forward would not violate any Sunshine Law provision .
The Chairman CALLED THE QUESTION and the
Motion carried . The Board unanimously directed staff to :
( 1 ) send a letter to the City of Vero Beach (City) notifying
them of the County ' s intent to not renew the existing
Franchise Agreement, as referenced by Resolutions 87 - 13
and 87 - 14 , and (2 ) add a paragraph stating that the
ultimate goal is to have a regionalized water/wastewater
system for all residents in Indian River County .
April 5 , 2011 24
Y
14. B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN = NONE
14. 0 COMMISSIONER WESLEY S. DAMS = NONE
14. D. COMMISSIONER JOSEPHE. FLESCHER - NONE
14. E. COMMISSIONER PETER D. 01BRYAN = NONE
15 . SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSERVICES DISTRICT = NONE
15. B. SOLID WASTE DISPOSAL DISTRICT = NONE
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
April 5 , 2011 25
16 . ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11 : 55 a. m .
ATTEST :
[ , OA
Jeffrey K. Barton, Clerk Bob Solari , Chairman
Minutes Approved : MAY 10 ZQil
BCC/LA/2011 Minutes
BK 140 PG 715
April 5 , 2011 26