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Home My WebLink About10/16/2012 (2) MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA " COMMISSION AGENDA TUESDAY, OCTOBER 16, 2012 - 9 : 00 A.M. s, f " County Commission Chamber Indian River County Administration Complex 180127th Street, Building A p Vero Beach, Florida, 32960-3388 www.ircgov. com COUNTY COMMISSIONERS Gary C. Wheeler, Chairman District 3 Joseph A. Baird, County Administrator Peter D. O ' Bryan, Vice Chairman District 4 Alan S. Polackwich, Sr., County Attorney Wesley S. Davis District 1 Jeffrey R. Smith, Clerk to the Board Joseph E. Flescher District 2 Bob Solari District 5 MIN 1 • CALL TO ORDER 9 : 00 A.M: PAGE 2 • INVOCATION Pastor Roger Ball , Immanuel Church 3 . PLEDGE OF ALLEGIANCE Commissioner Joe Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Honoring the Heroic Lifesaving Actions of Nicholas Loffler Be Presentation of Proclamation Designating the Month of October, 2012 as National Artsand Humanities Month - - - - - - - - - - - - - 2 a , , C. . ATresentation by Chuck and Karen Mechling on the Pointe Wes o` I ' IfCooperative Program " Screen on the Green" 3 PG 032 October 16, 2012 Page I of 6 5. PROCLAMATIONS and PRESENTATIONS PAGE D. Presentation on Grand Opening of A Second Chance Thrift Store and Training Center by Roger Sobkowiak, Board Member, Homeless Family Center Board E. Greetings and Update by Margaret Lemen, Ph. D, Executive Director, Harbor Branch Oceanographic Institute at Florida Atlantic University F. Protecting Indian River County Waters — Best Management Practices — Residential Fertilizer by Dr. Ian Rodriguez, Valley Crest Landscape Maintenance 6• APPROVAL OF MINUTES A. Regular Meeting of September 11 , 2012 Be Regular Meeting of September 18 , 2012 Co Final Budget Hearing of September 19, 2012 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION None 8. CONSENT AGENDA A. Approval of Warrants — September 28 , 2012 to September 30, 2012 (memorandum dated September 28 , 2012) 3.7 Be Approval of Warrants — October 1 , 2012 to October 4, 2012 (memorandum dated October 4, 2012) 846 C . Resolutions Canceling Taxes on Properties Acquired by the City of Fellsmere for the Benefit of the Municipal Water System (memorandum dated October 5 , 2012) - - - 17-27 Mw Wwmww D. Resolution Canceling Taxes on Property Purchased from Vista Properties Association, Inc. by Indian River County for 66t` Avenue Right-Of-Way (memorandum dated October 5 , 2012) 28 - 35 _ . K 143 PG 033 October 16, 2012 Page 2 of 6 g• CONSENT AGENDA PAGE E. Amendment to Interlocal Agreement Establishing the Treasure Coast Workforce Consortium and the Workforce Development Board of the Treasure Coast (memorandum dated October 9, 2012) 36-39 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - nm39 F. Consideration of Agreement for Transit Advertising Services in Indian River County (memorandum dated October 2 2012) 40-59 G. Request for Board Approval of a State Recreational Trails Program Grant Agreement for the Third Phase of Public Access Improvements of the Lagoon Greenway (memorandum dated October 10 2012) 60-91 H. Approval of Bid Award for IRC Bid No . 2012034 West Wabasso Sewer and Drainage Improvements CDBG Project (memorandum dated October 10 2012) 92405 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 90 CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS None Be PUBLIC DISCUSSION ITEMS None Co PUBLIC NOTICE ITEMS None 11 . COUNTY ADMINISTRATOR MATTERS None 8K 14 3 PG 034 October 16, 2012 Page 3 of 6 12 . DEPARTMENTAL MATTERS PAGE A• Community Development None Be Emergency Services None C, General Services None D, Human Resources None E, Human Services None F, Leisure Services None G, Office of Management and Budget 1 . Soil & Water Conservation District and Youth Guidance — Funding Structure (memorandum dated October 8 , 2012) 106408 2. Presentation by Jason Brown, Director, Office of Management and Budget, on 2012 Proposed Constitutional Amendments 109 H, Recreation None I, Public Works 1 . Presentation on Central Indian River Lagoon Management Plan by Tom Frick, Bureau Chief, Bureau of Watershed Restoration, Florida Department of Environmental Protection Tallahassee 2 . Approval of Construction Contract for Modification to Egret Marsh Stormwater Park Floway, Bid No . 2012053 `i (memorandum dated October 1 , 2012) 110463 BK 4 4 3 PG 0 3 . October 16, 2012 Page 4 of 6 120 DEPARTMENTAL MATTERS PAGE J, Utilities Services 1 . IRC Bid No . 201242 , Project : South Regional Wastewater Treatment Facility Headworks Rehabilitation _ (memorandum dated September_ 17, 2012) 164- 168 130 COUNTY ATTORNEY MATTERS A. Acquisition of Right-of-- Way Parcel at the Corner of State Road 60 and 66t' Avenue from Vero Beach Associates Retail , LLC (memorandum dated October I0 201 2) 169A84 Be Appointment of a Commissioner to the Board of Trustees and to the Advisory Committee of the Indian River County Law Library (memorandum dated October 10 2012) 185486 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C. Administration Building Roofs (memorandum dated October 9 2012) 187489 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14. COMMISSIONERS ITEMS A, Commissioner Gary C, Wheeler, Chairman None Be Commissioner Peter D. O ' Bryan, Vice Chairman 1 . Consideration to Financially Support the Rotary Initiative for Submerged Seagrass Awareness (RISSA) (memorandum dated October 9 2012) 190- 195 2 . Notice of the Seven50 Work Group Road Show (memorandum dated October 9 2012) 196498 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C, Commissioner Wesley S . Davis None D, Commissioner Joseph E. Flescher None E, Commissioner Bob Solari None October 16, 2012 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE A, Emergency Services District 1 . Fire Station 13 — Dedication of Right-Of--Way Along 4t' Street and 43rd Avenue (memorandum dated October 5 , 2012) 199-205 Be Solid Waste Disposal District None C , 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) 2264223 at least 48 hours in advance of meeting . The full agenda is available on line at the Indian River County Website at www. lrcjzov, 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, andSaturday at 12: 00 Noon to 5: 00 . m. 81 143 PG 037 October 16, 2012 Page 6 of 6 JEFFREY R. SMITH Clerk to the Board �ZpRIpA INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OCTOBER 16 , 2012 1 . CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 . INVOCATION . . . . . . . . . . . . 968640696609 0 too so 00 Vogt Soto # * 000666 OR.a a a I a a a 0 9 8 0 0 a a 0 0 0 a 0 0 0 0 a 6 a 0 0 0 a 0 a a a a ft a 4 a 1 3 . PLEDGE OF ALLEGIANCE , . . . . . . . . . . . . * mesa * & * a * * # 860444068996 666666 * 66668 oposemoossom 1 4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS —NONE . . . . . . . . . . . . . . . . . . . . . . 2 5 . PROCLAMATIONS AND PRESENTATIONS . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . some * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 S . A . PRESENTATION OF PROCLAMATION HONORING THE HEROIC LIFESAVING ACTIONS OF NICHOLAS LOFFLER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 S . B . PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2012 AS NATIONAL ARTS AND HUMANITIES MONTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 S . C . PRESENTATION BY CHUCK AND KAREN MECHLING ON THE POINTE WEST/COUNTY COOPERATIVE PROGRAM " SCREEN ON THE GREEN " . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 . D . PRESENTATION ON GRAND OPENING OF A SECOND CHANCE THRIFT STORE AND TRAINING CENTER BY ROGER SOBKOWIAK, BOARD MEMBER, HOMELESS FAMILY CENTER BOARD . . & 0 a a ; a 6 0 0 9 a a a a a a a a a a 0 5 a a a 0 a 0 0 0 0 0 a a 0 a 9 as a a 0 6 a a a a a a 0 a a a 0 a a a a a 3 5 . E . GREETINGS AND UPDATE BY MARGARET LEINEN , PH . D , EXECUTIVE DIRECTOR, HARBOR BRANCH OCEANOGRAPHIC INSTITUTE AT FLORIDA ATLANTIC UNIVERSITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9009 . . . . . . . . . . . . . . . . . . . . . . . . . . . F 0— , T see 1 . .4 .. . ' 4038 -_ 4:+ $ ' P lug October 16, 2012 1 MNN S . F . PROTECTING INDIAN RIVER COUNTY WATERS — BEST MANAGEMENT PRACTICES — RESIDENTIAL FERTILIZER BY DR . IAN RODRIGUEZ , VALLEY CREST LANDSCAPE MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 . APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00000660 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 . A . REGULAR MEETING OF SEPTEMBER 112 2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 . B . REGULAR MEETING OF SEPTEMBER 18 , 20129 a 0 0 6 a a 5 0 a a 0 v 0 0 a a 4 a 0 9 9 0 0 a a 0 9 6 6 & s 1 0 v a 0 0 a v a 0 9 0 0 0 6 a 9 9 0 0 0 a a 0 2 0 5 6 . C . FINAL BUDGET HEARING OF SEPTEMBER 19 , 2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 . INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARDACTION — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 . CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 5 8 . A . APPROVAL OF WARRANTS — SEPTEMBER 28 , 2012 TO SEPTEMBER 30 , 2012 . . . . . . . . . . . . . . . 6 8 . B . APPROVAL OF WARRANTS — OCTOBER 1 , 2012 TO OCTOBER 4 ,. 2012 . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 . C . RESOLUTIONS CANCELING TAXES ON PROPERTIES ACQUIRED BY THE CITY OF FELLSMERE FOR THE BENEFIT OF THE MUNICIPAL WATER SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 . D . RESOLUTION CANCELING TAXES ON PROPERTY PURCHASED FROM VISTA PROPERTIES ASSOCIATION , INC . (VISTA PLANTATION ASSOCIATION , INC . ) BY INDIAN RIVER COUNTY FOR 66TH AVENUE RIGHT- OF — WAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 . E . AMENDMENT TO INTERLOCAL AGREEMENT ESTABLISHING THE TREASURE COAST WORKFORCE CONSORTIUM AND THE WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST . . . . . . . . : . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 . F . CONSIDERATION OF AGREEMENT FOR TRANSIT ADVERTISING SERVICES IN INDIAN RIVER COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 . G . REQUEST FOR BOARD APPROVAL OF A STATE RECREATIONAL TRAILS PROGRAM GRANT AGREEMENT FOR THE THIRD PHASE OF PUBLIC ACCESS IMPROVEMENTS OF THE LAGOON GREENWAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 . H . APPROVAL OF BID AWARD FOR IRC BID NO . 2012034 WEST WABASSO SEWER AND DRAINAGE IMPROVEMENTS CDBG PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES — NONE :. . . . . . . . . . . . . . . 10 a z 4 3 PGI ' 0 3 n October 16 , 2012 2 10 . PUBLIC ITEMS . . . . . . . a bag go 0699006600004 sees owe as 0 * 6005 a * @too 999899090090 004 5 * assets a a 66 * 99008 10 10 . A . PUBLIC HEARINGS On, NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 . 13 . PUBLIC DISCUSSION ITEMS On NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 . C . PUBLIC NOTICE ITEMS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 . COUNTY ADMINISTRATOR MATTERS — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . DEPARTMENTAL MATTERS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . : . . . . . . . 10 12 . A . COMMUNITY DEVELOPMENT an NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . B . EMERGENCY SERVICES — ' NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . C . GENERAL SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . seem palm . . . . . . . . . . . . . * gaseous so . . . . . . . . t 10 12 . D . HUMAN RESOURCES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . E . HUMAN SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . F . LEISURE SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 12 . G . OFFICE OF MANAGEMENT AND BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . * name message . ease . . . . . . . . . . . . . . . . . . . . . . . 11 12 . G . 1 . (INDIAN RIVER) SOIL & WATER CONSERVATION DISTRICT AND YOUTH GUIDANCE — FUNDING STRUCTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 12 . G . 2 . PRESENTATION BY JASON BROWN , DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET, ON 2012 PROPOSED CONSTITUTIONAL AMENDMENTS . . . . : . . : . . . . . . . . . . . . . . . . . . . . . . . 12 12 . H . RECREATION we NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 . I . PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 . I . 1 PRESENTATION ON CENTRAL INDIAN RIVER LAGOON MANAGEMENT PLAN BY TOM FRICK, BUREAU CHIEF , BUREAU OF WATERSHED RESTORATION , FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION , TALLAHASSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 . I . 2 . APPROVAL OF CONSTRUCTION CONTRACT FOR MODIFICATION TO EGRET MARSH STORMWATER PARK FLOWAY , BID NO . 2012053 . . . . . . . . . . . : . . . . . . . . : . . . . . . . . . . . . . . . . . . . 15 12 . J . UTILITIES SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12 . J . 1 . IRC BID No . 201242 , PROJECT : SOUTH REGIONAL WASTEWATER TREATMENT FACILITY HEADWORKS REHABILITATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 . COUNTY ATTORNEY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13 . A . ACQUISITION OF RIGHT — OF - WAY PARCEL ( S ) AT THE CORNER OF STATE ROAD 60 AND 66TH AVENUE FROM VERO BEACH ASSOCIATES RETAIL , LLC . . . . . . . . . . . . . . . . . . . . . . 17 - 4 yap,ii 143 PG 040 October 16, 2012 3 13 . 13 . APPOINTMENT OF A COMMISSIONER TO THE BOARD OF TRUSTEES AND TO THE ADVISORY COMMITTEE OF THE INDIAN RIVER COUNTY LAW LIBRARY . . . . . . . . . . . . 60895998 18 13 . C . ADMINISTRATION BUILDING ROOFS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 14 . COMMISSIONER ITEMS . . . . . . . . . . . . . 404 6 wa * * * 446 * 9 0 * 0 * 8 0099 * 0000 * go # * 6996 * 9604 as a a 9 6 0 0 0 0 0 6 0 a a a a 0 0 a 0 6 a 0 0 0 0 a 0 a 0 & a 0 0 & 0 a a a a 0 0 0 0 0 9 9 0 0 0 0 9 20 14 . A . COMMISSIONER GARY C . WHEELER , CHAIRMAN as NONE . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 14 . B . COMMISSIONER PETER D . O ' BRYAN , VICE CHAIRMAN . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 14 . B . 1 . CONSIDERATION TO FINANCIALLY SUPPORT THE ROTARY INITIATIVE FOR SUBMERGED SEAGRASS AWARENESS (RISSA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 14 . 13 . 2 . NOTICE OF THE SEVEN50 WORK GROUP ROAD SHOW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14 . C . COMMISSIONER WESLEY S . DAVIS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14 . D , COMMISSIONER JOSEPH E . FLESCHER — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14 . E . COMMISSIONER BOB SOLARI as NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . 21 15 . SPECIAL DISTRICTS AND BOARDS . . . . . . . . . . . . . . . . a 0 0 A 0 0 0 0 0 a 0 6 a a I a 0 a 0 0 a 0 0 0 0 a 0 a a a 0 0 0 6 a 0 a a a 0 21 15 . A . EMERGENCY SERVICES DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . : . . . . . . . . . . . . . 21 15 . A . 1 . FIRE STATION 13 — DEDICATION OF RIGHT - OF — WAY ALONG 4TH STREET AND 43RDAVENUE . . . . . . . . . . . . . . . . : . . . . . . . : . : . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 15 . B . SOLID "WASTE DISPOSAL DISTRICT — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 15 . C . ENVIRONMENTAL CONTROL BOARD as NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 16 . ADJOURNMENT . . & 0 a 0 0 a a 8 6 6 a a 0 a a a a a a 0 a 0 a 0 a a a 6 a a a 6 a a 0 0 0 6 0 0 0 a 0 9 a a 0 0 a 0 6 & a 6 0 0 a 0 a 0 0 0 a 0 0 a a a a 9 a a a a a 0 a a 0 0 a 22 a OAK 14 3 PG 0 41 October 16 , 2012 4 JEFFREY R. SMITH Clerk to the Board * :r �ORIOy' October 16 , 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, October 16 , 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 Maureen Gelfo , 1 . CALL TO ORDER Chairman Wheeler called the meeting to order at 9 : 00 a.m. 2 . INVOCATION Commissioner Davis delivered the Invocation for Pastor Roger Ball, Immanuel Church, who was not in attendance . 3 . PLEDGE OF ALLEGIANCE Commissioner Flescher led the Pledge of Allegiance to the Flag. ; ( 114 3 PG 042 October 16, 2012 1 4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS- NONE Vice Chairman O ' Bryan requested to defer Item 14 . B . 1 . , regarding the Rotary Initiative for Submerged Seagrass Awareness, to the October 23 , 2012 meeting, to enable Rotary Club Sunrise President Paul Dritenbas to be in attendance . However, the Board consensus was to keep this item on today ' s agenda in case the public wished to comment. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis , the Board unanimously approved the Agenda as presented . 5 . PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION OFPROCLAMATIONHONORINGTHE HEROICLIFESAVING ACTIONS OF NICHOLAS LOFFLER Vice Chairman O ' Bryan read and presented the Proclamation to Emergency Services Director John King and Assistant Fire Chief Brian Burkeen; Fire Rescue Battalion Chief Cory Richter; Eleanor and Lee Loffler; and Jean & Richard DeBlasio . Mr. DeBlasio relayed the story of his rescue and offered words of appreciation to Nicholas, Emergency Services and pool staffs, and the County Commission . It- was noted that although Nicholas Loffler was not present to receive his proclamation, he was viewing the meeting on television. S.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER. 2012 AS NATIONAL ARTS AND HUMANITIES MONTH Commissioner Flescher read and presented the Proclamation to Barbara Hoffman, Chairman, Cultural Council of Indian River County . Ms . Hoffman advised that information on upcoming cultural events can be found at the Arts & Cultural Information Guide for 2012 -2013 , or , 3 = } Pau143 PG 0743 October 16, 2012 2 by going online at http ://www. cultural-council . org . She read a passage from the "National Proclamation of Arts and Humanities Month" citing the importance of the arts and humanities , and relayed that U . S . News and World Report has ranked Vero Beach and Sebastian as two of the top ten cities for the well-educated to retire, because of the abundance of cultural activities and like- minded people . S. C. PRESENTA TION B Y CHUCK AND KARENMECHLING ON THE POINTE WEST/COUNTY COOPERATIVE PROGRAM "SCREEN ON THE GREEN" (Clerk 's Note : Chuck Mechling was not present) . Karen Mechling, Pointe West, reviewed the movie schedule for this year ' s " Screen on the Green" outdoor movie event (on file) . She disclosed that the first screening begins in October 2012 , and that the program is a partnership between Pointe West and the County ' s Recreation Department, Assistant Director of the Recreation Department, Mike Redstone, was also present. 5.D. PRESENTATION ON GRAND OPENING OFA SECOND CHANCE THRIFT STORE AND TRAINING CENTER BYROGER SOBKOWL4K. BOARD MEMBER. HOMELESS FAMILY CENTER BOARD Robert Sobkowiak, Vice President and Board Member, Homeless Family Center, began his presentation by introducing audience member Marilyn Rogers, who has been instrumental in the design and implementation of the Second Chance Thrift Store and Training Center (" Second Chance") . Mr. Sobkowiak stated that the mission of Second Chance was to work towards a solution for homelessness by providing funding and an internship program to teach job skills that will enhance employability . He announced that the store ' s grand opening will be on November 109 2012 at 490 Old Dixie Highway, and that donations of cash, time , and items are welcome . DK 143 PG 044 October 16 , 2012 3 S.E. GREETINGS AND UPDATE BYMARGARET LEINEN. PH. D. EXECUTIVE DIRECTOR, HARBOR BRANCH OCEANOGRAPHIC INSTITUTE AT FLORIDA ATLANTIC UNIVERSITY Margaret Leinen, Ph .D . , Executive Director, Harbor Branch Oceanographic Institute ("Harbor Branch") , and Associate Provost for Marine and Environmental Programs at Florida Atlantic University (FAU) , gave a PowerPoint presentation (on file) , and reviewed the contents of a handout entitled " Our Living Oceans : Research, Partnerships, and Stewardship for the Future . " She announced that Harbor Branch ' s new strategic plan consists of three themes : Marine and Coastal Issues ; Biotechnology, and Contemporary Social Challenges, and she also described the program known as the Indian River Lagoon Observatory, which is a cooperative effort among scientists, universities, and other organizations to explore, manage, and preserve the Lagoon. She thereafter invited the public and Commissioners to. attend the 2013 Indian River Lagoon Symposium, which will be held in February, as well as the lectures and other events that are sponsored by Harbor Branch, S. F. PROTECTING INDL4N RIVER COUNTY WATERS — BEST MANAGEMENT PRA CTICES — RESIDENTL4LFERTILIZERBYDR. IAN RODRIGUEZ. VALLEY CREST LANDSCAPE MAINTENANCE - Dr. Ian Rodriguez, Valley Crest Landscape Maintenance, gave a PowerPoint presentation (on file) , outlining the best management practices for responsible selection and application of fertilizers . He also revealed other measures that can be employed to avoid polluting the surface waters and aquifers , such as : ( 1 ) managing irrigation; (2) keeping stormwater sewers clear of debris and leaves ; and (3 ) mowing high and recycling the clippings . Dr. Rodriguez advised that further information is available at www .dei) . state . R .us/water/nop oint/pubs .htm . Concluding his remarks , he invited the . Commissioners to attend Valley Crest Landscape Maintenance ' s Open House on November 1 , 2012, noting that Vice Chairman O ' Bryan will be the guest speaker. 4 3 P� y 045 October 16, 2012 4 6 . APPROVAL OF MINUTES 6.A. REGULAR MEETING OF SEPTEMBER 1192012 69A REGULAR MEETING OFSEPTEMBER 189201 6. C. FINAL BUDGET HEARING OF SEPTEMBER 199 2012 The Chairman asked if there were any corrections or additions to the regular minutes of September 11 and September 18 , 2012, or the Final Budget Hearing of September 19, 2012 . There were none . ON MOTION by Vice Chairman O ' Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the Regular Minutes of September 11 and September 18 , 2012, and the Final Budget Hearing of September 19, 2012 , as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION - NONE 8. CONSENT AGENDA Vice Chairman O ' Bryan requested to pull Item 8 . G . for discussion. Commissioner Flescher requested to pull Item 8 . H for discussion. ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved the Consent Agenda, as amended. 4 3 PG 04 : 6 October 16 , 2012 5 8.A. APPROVAL OF WARRANTS - SEPTEMBER 289 2012 TO SEPTEMBER 309 2012 ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved the list of Warrants and Wires issued by the Comptroller' s Office for the time period of September 28 , 2012 to September 30, 2012, as requested in the memorandum of September 28 , 2012 . 8. B. APPROVAL OF WARRANTS - OCTOBER 19 2012 TO OCTOBER 4, 2012 ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved the list of Warrants and Wires issued by the Comptroller' s Office for the time period of October 1 , 2012 to October 4 , 2012, as requested in the memorandum of October 4 , 2012 . 8. C. RESOLUTIONS CANCELING TAXES ONPROPERTIESACQUIRED BY THE CITY OF FELLSMERE FOR THE BENEFIT OF THE MUNICIPAL WATER SYSTEM ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved Resolution 2012= 105 , cancelling certain taxes upon publicly owned lands, pursuant to Section 196 .28 , Florida Statutes . (Rendon, Zamarripa; 259 S. Pine St. , Fellsmere) �K f 4 3 PG 047 October 16 , 2012 6 ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved Resolution 2012406, cancelling certain taxes upon publicly owned lands, pursuant to Section 196 . 28 , Florida Statutes . (Rendon; 185 S. Hickory St. , Fellsmere) 8.D. RESOLUTION CANCELING TAXES ONPROPERTYPURCHASED FROM VISTA PROPERTIES ASSOCL4TION. INC. (VISTA PLANTA TIONASSOCiATION. INC.) BYINDIANRIVER COUNTY FOR 6eAVENUE RIGHT- QF- WAY ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved Resolution 2012407, cancelling certain taxes upon publicly owned lands, pursuant to Section 196 . 28 , Florida Statutes . ( Vista Plantation Association, Inc. ) 8.E. AMENDMENT TO INTERLOCAL AGREEMENT ESTABLISHING THE TREASURE COAST WORKFORCE CONSORTIUMAND THE WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously ratified Commissioner Davis ' s signature on the Amendment to Interlocal Agreement Establishing the Treasure Coast Workforce Consortium and the Workforce Development Board of the Treasure Coast (entered into by Indian River, 14 3 PG 048 October 16, 2012 7 Martin, Okeechobee, and St. -Lucie Counties) , on behalf of the Indian River Board of County Commissioners, as recommended in the memorandum of October 9, 2012 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. F. CONSIDERATION OFAGREEMENT FOR TRANSITADVERTISING SERVICES IN INDMNRIVER COUNTY ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved and authorized the Chairman to execute the Agreement for Transit Advertising Services between Indian River County and America No Line LLC d/b/a Eye Level Digital , Inc . , as recommended in the memorandum of October 2, 2012 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. G. RE UEST FOR BOARD APPROVAL OFA STATE RECREATIONAL TRAILS PROGRAM GRANT AGREEMENT FOR THE THIRD PHASE OF PUBLICACCESS IMPROVEMENTS OF THE LAGOON GREENWAY Vice Chairman O ' Bryan conveyed that the Lagoon Greenway on Indian River Boulevard is a joint project of the County, the Indian River Land Trust, and the Florida Inland Navigation District, and that grant money from the Florida Department of Environmental Protection, in the amount of $ 109 , 000 , will be used to construct a boardwalk at the site . He noted that the Greenway will be a great amenity for the County. 14 3 : re C4Q4 9 October 16 , 2012 8 ON MOTION by Vice Chairman O ' Bryan, SECONDED by Chairman Wheeler, the Board unanimously approved and authorized the Chairman to execute on behalf of the County, the Lagoon Greenway (Flinn Tract) Recreational Trails Program (RTP) Grant Project Agreement with the Florida Department of Environmental Protection, as recommended in the memorandum of October 10, 2012 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. H. APPROVAL OFBm AWARD FOR IRCBID NO. 2012034 WEST WABASSO SEWER AND DRAINAGE IMPROVEMENTS CDBG PROJECT Commissioner Flescher thanked Director of Utilities Erik Olson, Julianne Price, Reverend Sylvester McIntosh, Deputy Teddy Floyd, and the citizens who helped advance the West Wabasso Sewer and Drainage Improvements Project. He asked Director Olson for an estimated time of commencement . Director Olson projected that construction would begin in November 2012 , subsequent to approval by the State . ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously : ( 1 ) approved the bid award to Mancil ' s Tractor Service, Inc . , as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; (2) found that the need for the project is caused proportionately by new growth in the area, which will benefit from the project; and (3 ) approved the sample agreement and authorized the Chairman to execute said agreement after receipt and fir 43 PG 050 October 16, 2012 9 approval of the required certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency, as recommended in the memorandum of October 10, 2012 . 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10 . PUBLIC ITEMS M.A. PUBLIC HEARINGS - NONE 10. B. PUBLICDISCUSSIONITEMS - NONE 10. C. PUBLIC NOTICE ITEMS - NONE 11 , COUNTY ADMINISTRATOR MATTERS - NONE 12 DEPARTMENTAL MATTERS - NONE 12.A. COMMUNITYDEVELOPMENT - NONE 12.B. EMERGENCYSERVICES - NONE 12. C. GENERAL SERVICES - NONE 12.D. HUMANRESOURCES - NONE 12. E. HUMAN SERVICES - NONE 143 43 r V 01 October 16 , 2012 10 12. F. LEISURE SERVICES - NONE 12. G. OFFICE OFMANAGEMENTAND BUDGET 12. G. 1. (INDL4NRIyER) SOIL & WATER CONSERVATIONDISTRICTAND YOUTH GUIDANCE - FUNDING STRUCTURE Administrator Baird recapped the memorandum of October 8 , 2012, providing background and analysis on staff' s proposal to change the funding and management structure for the County ' s last two component agencies, the Indian River Soil & Water Conservation District (IRSWCD) and Youth Guidance . He stated that based on a past incident when the County ' s financial rating was nearly jeopardized by accounting issues related to the Housing Authority (formerly a component unit of the County - independent since July 1, 2011 ), staff' s recommendation is to remove IRSWCD and Youth Guidance from the County payroll, and provide them with an allocation of $47, 847, and $ 66, 111 , respectively. He related that there has been confusion as far as administrative oversight of the employees, and affirmed that it is in the County ' s best interest to separate the two agencies from the County and fund them as stand-alone independent entities . Administrator Baird noted that the funding currently goes through Sept 30, 2013 , with no funding guarantees for either agency after that date . David Gunther, President of the Board of Supervisors, IRSWCD, elaborated on his request for the Commissioners to postpone their decision for 30 days, so his agency and County staff can see if there is a way for the IRSWCD to remain a County department without putting the County at risk. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously : ( 1 ) approved to provide funding to the Youth Guidance Department as an outside agency in the amount of $ 66, 111 , 43 PG 05 October 16, 2012 11 for fiscal year 2012-2013 , and authorized staff to amend the fiscal year 2012-2013 budget to reflect, this change; and (2) delayed for 30 days , the decision on staff' s proposal for providing funding to the Indian River Soil & Water Conservation District as an outside agency in the amount of $47 , 847 : 12. G. 2. PRESENTATIONBYJASONBROWN. DIRECTOR, OFFICE OF MANAGEMENT AND B UDGET, ON 2012 PROPOSED CONSTITUTIONAL AMENDMENTS Director of Management and Budget Jason Brown gave a PowerPoint presentation (on file) on six of the 11 State-initiated Constitutional Amendments that will appear on the November 6 , 2012 election ballot. He noted that five would affect ad valorem taxes, and one pertains to revenue limitations for the State government. An explanation and analysis was provided on the following : AMENDMENT 2 VETERANS DISABLED DUE TO COMBAT INJURY ; HOMESTEAD PROPERTY TAX DISCOUNT AMENDMENT 3 STATE GOVERNMENT REVENUE LIMITATION AMENDMENT 4 PROPERTY TAX LIMITATIONS ; PROPERTY VALUE DECLINE : REDUCTION FOR NON-HOMESTEAD ASSESSMENT INCREASES ; DELAY OF SCHEDULED REPEAL AMENDMENT 9 HOMESTEAD PROPERTY TAX EXEMPTION FOR SURVIVING SPOUSE OF MILITARY VETERAN OR FIRST RESPONDER SKI 143 3 `'f October X16 , 2012 12 AMENDMENT 10 TANGIBLE PERSONAL PROPERTY TAX EXEMPTION AMENDMENT 11 ADDITIONAL HOMESTEAD EXEMPTION; LOW-INCOME SENIORS WHO MAINTAIN LONG-TERM RESIDENCY ON PROPERTY; EQUAL TO ASSESSED VALUE Discussion followed, during which each Commissioner provided observations/opinions on the amendments . The Board directed the Office of Management and Budget to put the presentation on the County ' s website at http ://www, ircgov. com , Commissioner Solari relayed that additional information about the amendments is available at the Collins Center for Public Policy at http ://collinscenter. org. No Board Action Was Required or Taken The Chairman called a recess at 10: 37 a. m. , and reconvened the meeting at 10: 43 a. m. , with all members present. 12. H. RECREATION - NONE 12.L PUBLIC WORKS 12.L1 PRESENTATION ON CENTRAL INDIANRIVER LAGOONMANAGEmENT PLAN BY TOM FRICK, B UREAU CHIEF, BUREAU OF WATERSHED RESTORATION, FLORIDADEPARTMENTOFENVIRONMENTAL PROTECTION, TALLAHASSEE Chief Tom Frick, State Bureau of Watershed Restoration, provided a PowerPoint (on file) , describing the Central Indian River Lagoon Basin Management Action Plan (BMAP) . He explained that the BMAP is a cooperative effort between the State of Florida Department of 143 PG 054 Ad October 16 , 2012 13 .... Environmental Protection (FDEP) and local stakeholders, with the goal of findings ways to reduce pollutants entering the waterways . He said that every two years , the St. Johns River Water Management District and the State conduct an aerial survey of the seagrasses, and based on data from the last eight years , the seagrasses are meeting historic evaluation. He noted that the data from the 2011 aerial survey has not y � t been received, and that the next aerial survey will be in 2013 . He invited anyone with questions to contact him at 850-2454518 , or visit the website at http *//publicfiles . dep . state . fl .us/DEAR/BMAP/IndianRiverLagoon. A lengthy discussion followed, with input from Mr. Frick, as the Board voiced concerns and asked questions about the drastic reduction/die off of seagrass in portions of the Lagoon. Commissioner Solari requested that Mr. Frick compile a straightforward document highlighting the sources of pollutants in the Lagoon and what is being done to address them (including the County ' s projects) . Mr. Frick noted that many documents are available on the web, but they are often cumbersome, and agreed to work on a more comprehensible document. Councilmember Richard Gillmor, City of Sebastian, questioned FDEP ' s assessment of the seagrasses , because their analysis was not based on current data. He read into the record an email (on file) outlining Indian Riverkeeper Marty Baum ' s concerns about the disappearance since 2010, of 32 , 000 acres of seagrass from the central and upper Lagoon, Banana River, and Mosquito Lagoon. He emphasized the need to obtain new data, and urged the Board to develop partnerships with other counties/organizations to discover the crux of the problem and find a solution . Commissioner Solari agreed that there is insufficient data to pinpoint the causes of the disappearing seagrass beds . He affirmed the County ' s proactive stance towards cleaning the Lagoon, and relayed that staff is currently working on a proposal for monitoring the water 143 PG 0 0 5 g October 16 , 2012 14 quality of the three relief canals . He recommended that the County and other entities consolidate their monitoring activities . No Board Action Required or Taken 12.1. 2. APPROVAL OF CONSTRUCTION CONTRACT FOR MODIFICATION TO EGRET MARSH STORMWATER PARK FLOWAY BID NO. 2012053 Public Works Director Christopher Mora, through a PowerPoint presentation (on file), provided description and conditions on staff' s request to have Close Construction, LLC perform floway surface modifications to the Algal Turf Scrubber (ATS) at Egret Marsh Stormwater Park (Egret Marsh) . He noted that only about 50% of the original grid is operational, and that the most durable material to replace the entire floway surface is fibermesh concrete . He thereafter imparted staff' s recommendation to move forward with the project and have Close Construction, LLC perform the floway repairs at Egret Marsh. In response to the Board ' s questions, staff provided additional information regarding whether there would be any environmental impacts from the fibermesh concrete as it ages ; how the algae would be harvested and if it was usable afterwards ; and the composition of the concrete fibermesh material . Vice Chairman O ' Bryan asked about HydroMentia, Inc . ' s patent on the ATS technology, what the warranty was for the Algal Turf Scrubber at Egret Marsh, and whether the County should seek a patent on the fibermesh grid system that will replace the old grid material . Staff disclosed that there had been a 10 -year warranty and the materials (the membrane and polyester grid mesh) had lasted two years . They also revealed that because HydroMentia has a patent on the ATS process , the company expects to receive a technology fee at the new PC South Nutrient Recovery Facility. . 3 PG 0 .5 6 € , . October 16, 2012 15 County Attorney Alan S . Polackwich, Sr. explained that HydroMentia has a process patent, and the type of material (concrete vs . mesh) is only one component of that process . He advised the Board not to pursue a patent on the concrete floway . He mentioned that the primary causes for the materials ' failure were unforeseeable , the current project was primarily funded through grants (one of which was obtained by HydroMentia itself) ; and that taking into consideration all factors, he had asked HydroMentia to consider reducing their fee . Director Mora stressed that it was urgent to proceed with the PC South Project so the County can comply with the Florida Department of Environmental Protection' s (FDEP) Administrative Consent Order regarding the discharge of brine from the South Regional Wastewater Treatment Facility. ON MOTION by Commissioner Solari , SECONDED by Commissioner Flescher, the Board unanimously approved the construction contract with Close Construction, LLC for $ 1 ,288 ,482 . 00 , for modifications to the Egret Marsh Stormwater Park Floway, and authorized the Chairman to execute same after review and approval of the Public Construction Bond, Agreement, and Insurance Certificates by appropriate staff, as recommended in the memorandum of October 1 , 2012 . 12. J. UTILITIES SERVICES 12. 11. IRCBID No. 201242, PROJECT: SOUTH REGIONAL WASTEWATER TREATMENT FACILITY HEAD WORKS REHABILITATION ON MOTION by Vice Chairman O ' Bryan, SECONDED by Chairman Wheeler, the Board unanimously approved and authorized the Chairman to execute Change Order No . 1 with A . M . Construction Group, for the South Regional . . 43 PG 0 : 57► October 16 , 2012 16 Wastewater Treatment Facility Headworks Rehabilitation project, in the amount of $27,200 . 00, as recommended in the memorandum of September 17, 2012 . CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Be COUNTY ATTORNEY MATTERS 13.A. ACQUISITIONOFRIGHT- OF- WAYPARCEL (S) AT THE CORNER OFSTATE ROAD 60 AND 6eAVENUE FROM VERO BEACHASSOmTES RETAIL LLC Deputy County Attorney William DeBraal provided background and conditions regarding the County-initiated request to purchase 0 . 069 acres of right-of--way and a temporary construction easement located at the corner of 66th Avenue and State Road 60, the site of a commercial development known as Plantation Plaza. He relayed that an additional construction easement will be granted to the County for the duration of the project, and that as a sale condition, the County has agreed to relocate a dumpster and move or replace two signs currently on site . He thereafter presented staffs recommendation for the Board to approve the purchase for the total acquisition cost of $ 156, 895 , which includes $ 110 , 000 for the parcel, and attorney, engineering, and appraisal costs . Vice Chairman O ' Bryan asserted that the purchase price of $ 110 , 000 for the 0 . 069 acre parcel was excessive . Attorney DeBraal stated that the purchase price is supported by the appraisal value of the property. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, by a 44 vote (Vice Chairman O ' Bryan opposed), the Board approved the contract for 143 PG 08 October 16, 2012 17 purchase of the parcels from Vero Beach Associates Retail , LLC , for $ 110 ,000 together with attorney ' s fees of $ 15 ,485 . 71 , engineering costs of $29 ,210 . 00 , and appraisal fees of $2 ,200 for a total acquisition cost of $ 156 , 895 . 71 , as recommended in the memorandum of October 10, 2012 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. B. APPOINTMENT OFA COMMISSIONER TO THE BOARD OF TRUSTEES AND TO THE ADVISORY COMMITTEE OF THE INDIAN RIVER CoUNTYLAW LIBRARY Attorney Polackwich provided background on the Indian River County Law Library, recalling the 1989 agreement with the Board of Trustees (created by the Florida Legislature in 1957) for the County to operate and maintain the library, in conjunction with an Advisory Committee . He reported that there are some proposed changes to library operations that should , be reviewed by the Board of Trustees, and that both boards require a Commissioner appointee . He recommended that the Board select one Board Member to sit on both the Advisory Committee and the Board of Trustees . ON MOTION by Commissioner Davis, SECONDED by Vice Chairman O ' Bryan, the Board unanimously appointed Commissioner Solari to serve on both the Board of Trustees and the Advisory Committee of the Law Library . i 8K 1 .4 3 PG 0 ,59 �' ociober 16, 2:012 18 B. C. ADMINISTRATIONBUILDINGROOFs Attorney Polackwich recapped his October 9, 2012 memorandum to provide an update and analysis on the Board ' s options for correcting the roof leaks occurring at the two County Administration Buildings (Building "A " and Building "B ") . He relayed that roofing expert Joseph Williams of A./R/C Associates, Inc. , performed a study and concluded that there are fundamental systematic problems with the roofs, and the only remedy is replacement . He outlined the actions that the County has taken thus far, including the filing of a lawsuit and subsequent mediation sessions with the defendants, with a third session scheduled for November 1 , 2012 . He advised the Board to pursue a solution that eliminates all roof deficiencies (known and discovered during the remediation process), and provides for correction of any damage caused by the leaks, and outlined staff' s recommendation for the Board to . • Place a formal demand on the defendants in the lawsuit to correct all roof deficiencies, including replacement of any deficient roof components discovered during the corrective work and replacement of any other building components found to be damaged as a result of the leaks . • Authorize staff, in the event that the defendants do not agree to perform the work, to issue a design/build Request for Qualifications (RFQ) to hire a third party to correct the deficiencies . • Authorize the County Attorney ' s office to hire the law firm of Murphy & Walker, to work in a cooperative effort with the County Attorney ' s office to prepare to move forward with the lawsuit. MOTION WAS MADE by Commissioner Solari , SECONDED by Vice Chairman O ' Bryan, to approve staff s recommendation. Attorney Polackwich addressed Commissioner Wheeler ' s query about which parties are involved in the lawsuit . s B X43 PG 060 October 16 , 2012 19 The Chairman CALLED THE QUESTION, and the Motion carried . The Board unanimously % ( 1 ) authorized the presentation of a formal demand to the defendants to correct all roof deficiencies outlined in staff' s report (pages 188 and 189 of the agenda package) ; (2) authorized staff to issue a Request For Qualifications (RFQ) for design-build services to correct all deficiencies in the roof, if the defendants do not agree to perform the work; and (3 ) authorized the hiring of the local law firm of Murphy & Walker to act as co-counsel with the County Attorney ' s office in prosecuting the pending lawsuit, all as recommended in the memorandum of October 9, 2012 . 14, COMMISSIONER ITEMS 14.A. COMMISSIONER GARY C. .WHEELER, CHAIRMAN - NONE 14. B. COMMISSIONER PETER A O 'BRYAN, VICE CHAIRMAN 14. B. 1. CONSIDERATION TO FINANCL4LLYSUPP0RT THE ROTARYINITIATIVE FOR SUBMERGED SEAGRASS AWARENESS (RISSA) As discussed under Item 4, Vice Chairman O ' Bryan wanted to defer this matter until October 23 , 2012 , at which time Paul Dritenbas of the Vero Beach Sunrise Rotary Club will be giving a presentation. The Board had requested leaving this matter on the agenda to provide an opportunity for public comment . No speaker addressed the Board . Ew BK 14 3 PG , 0 b ! October 16 , 2012 20 14AZ NOTICE OF THE SEVEN50 WORK GROUP ROAD SHOW Vice Chairman O ' Bryan announced that the Seven50 Work Group, in conjunction with the Southeast Florida and Treasure Coast Regional Planning Councils, are providing a series of work group meetings focused on developing a long-term blueprint for the future of the seven- county region of Monroe, Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, and Indian River. He relayed that the public is encouraged to attend the Thursday, October 25 , 2012 work group meeting in the County Commission Chambers, and may register for the event at http : //seven50 . org/next- stepmformseven5Omwork- groupmroad-show . No Board Action Required or Taken 14. C. COMMISSIONER WESLEYS. DAVIS - NONE 14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 1 14. E. COMMISSIONER BOB SOLARI - NONE 15 . SPECIAL DISTRICTS AND BOARDS I5.A. EMERGENCYSERVICESDISTRICT The Regular Board reconvened as the Board of Commissioners of the Emergency Services District. Those Minutes are available separately . 1 S.A. I . FIRE STATION 13 - DEDICATION OF RIGHT- OF- WAYALONG 4TH STREET AND 43RD AVENUE 15.R SOLID WASTE DISPOSAL DISTRICT - NONE rb October 16, 2012 21Lm - - = -- - - - - 150 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 Board of County Commission meeting adjourned at 12 : 11 p . m . ATTEST : *of Gary C, eeler, Chairman Court & Comptroller Minutes Approved : NOV 13 2012 BCC/MG/2012Minutes IJ 4 October 16 , 2012 22