HomeMy WebLinkAbout02/19/2013 (2)COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Wesley S. Davis, Vice Chairman
Peter D. O'Bryan
Bob Solari
Tim Zorc
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, FEBRUARY 19, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 276 Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 2
District 1
District 4
District 5
District 3
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr., County Attorney
Jeffrey R. Smith, Clerk to the Board
Pastor Kelly Tipton, Central Assembly of God
Commissioner Peter D. O'Bryan
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
None
6. APPROVAL OF MINUTES
None
February 19, 2013
PAGE
BK:143F6515
Page 1 of 6
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Indian River County Hospital District Meeting Schedule
(letter dated February 6, 2013)
B. Appointment of District 3 Appointee to the Planning & Zoning Commission
(memorandum dated February 11, 2013)
8. CONSENT AGENDA
A. Approval of Warrants — February 1, 2013 to February 7, 2013
(memorandum dated February 7, 2013)
PAGE
1
2-4
5-14
B. Authorization to Attend the 2013 National Hurricane Conference
(memorandum dated February 8, 2013)
C. 2013/2014 Budget Workshop / Hearing Schedule
(memorandum dated February 11, 2013)
15-21
22
D. Request to Approve Renewal of a License Agreement for Occupancy of the
Principal Residence on the Jones's Pier Property at 7770 Jungle Trail
(memorandum dated February 7, 2013)
E. South County Regional Park Multi -Purpose Fields, IRC Project No. 1126,
FPL Underground Distnbution Facilities Installation Agreement
(memorandum dated February 11, 2013)
F. Renewal of Professional Geotechnical Services Agreement for 2013-2014
(memorandum dated February 1, 2013)
G. Award of RFP No. 2013025 for Auction Services
(memorandum dated February 11, 2013)
23-32
33-35
36-59
60-66
H. Approval of Bid Award for IRC Bid No. 2013019 Vero Shores Pump Station
No 143 Force Main Replacement
(memorandum dated February 8, 2013)
67-79
F.D.O.T. Small County Outreach Program (SCOP) Agreement
Amendment No. 1 and Resolution Authorizing the Chairman's signature
Resurfacing of 27th Avenue from Oslo Road to 20th Street and Intersection
Improvements at 27th Avenue and SW 5th Street, FM No. 425624-1-58-01,
IRC Project No. 0391
(memorandum dated February 11, 2013)
80-84
February 19, 2013 Page 2 of 6
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE
A. Indian River County Sheriff — Dervl Loar
Application for the Victims of Crime Act (VOCA) Grant
(letter dated February 6, 2013) 85-111
B. Indian River County Soil & Water Conservation District — David
Gunter
Re: Staff Assistant Position
(no back-up)
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
1. Request to Speak from Joe Wiggins Regarding Repair of 11th Street,
S.W. east of 9th Court, S.W. 112
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
1. Condemnation, Demolition and Removal of Unsafe Structures
(memorandum dated February 4, 2013) 113-127
2. Review of INEOS New Planet BioEnergy LLC's Ad Valorem Tax
Exemption Annual Report
(memorandum dated February 7, 2013)
B. Emergency Services
None
C. General Services
None
•
February 19, 2013
128-147
BK 143 PG 517
Page 3 of 6
12. DEPARTMENTAL MATTERS PAGE
D. Human Resources
None
E.
Human Services
None
F. Leisure Services
None
G. Office of Management and Budget
H.
None
Recreation
None
I, Public Works
1. Public Works Project Update
(memorandum dated February 12, 2013) 148
J.
Utilities Services
1. Work Order No. 5 — Professional Services to Kimley-Hom &
Associates, Inc. for Acid Tank Replacement South RO Water
Treatment Plan
(memorandum dated February 8, 2013)
2. Work Order No. 5 — Moia, Bowles, Villmizar & Associates (MBV),
South County RO Facility Storage & Pipmg Tank Modification
(memorandum dated February 1, 2013)
149-153
154-159
13. COUNTY ATTORNEY MATTERS
A. Annual Renewal of County Attorney's Employment Agreement
(memorandum dated February 13, 2013) 160-164
B. Resolution Delegating to the County Administrator or Designee the
Authority to Execute Standard Cash Deposit and Escrow Agreements
Relating to Chapter 934 Excavation and Mining, of the Code of Indian
River County
(memorandum dated February 13, 2013)
165-177
BK 143 PG 518
February 19, 2013 Page 4 of 6
13. COUNTY ATTORNEY MATTERS PAGE
C. Encroachment Agreement with Flonda Gas Transmission Company for
Oslo Road Customer Convenience Center
(memorandum dated February 11, 2013) 178-192
14. COMMISSIONERS ITEMS
A. Commissioner Joseph E. Flescher, Chairman
None
B. Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Peter D. O'Brvan
None
D. Commissioner Bob Solari
1. Saving the Lagoon — Alternatives to Lawns
(memorandum dated February 13, 2013) 193
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emeraencv Services District
None
B. Solid Waste Disposal District
1. Approval of Minutes — December 4, 2012
2. Approval of Minutes — December 18, 2012
3. Approval of Minutes — January 8, 2013
Release of Retainage & Final Pay to Mancil's Tractor Service, Inc.
for Customer Convenience Center Paving Improvements (Bid No.
2012047)
(memorandum dated February 11, 2013)
194498
R3P6519
February 19, 2013 Page 5 of 6
15. SPECIAL DISTRICTS AND BOARDS PAGE
B. Solid Waste Disposal District
5. Final Pay to MBV Engineering, Inc. for Work Order No. 3 for
Customer Convenience Center Paving Improvements
(memorandum dated February 11, 2013) 199-200
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) 226-1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, the IRC Courthouse Law Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5.00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5.00 p.m.
February 19, 2013
PK 143PG520
Page 6 of 6
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
FEBRUARY 19, 2013
1 CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS -NONE 2
5. PROCLAMATIONS AND PRESENTATIONS - NONE 2
6. APPROVAL OF MINUTES - NONE 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 2
7.A. INDIAN RIVER COUNTY HOSPITAL DISTRICT MEETING SCHEDULE 2
7.B. APPOINTMENT OF DISTRICT 3 APPOINTEE TO THE PLANNING & ZONING
COMMISSION 2
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS — FEBRUARY 1, 2013 TO FEBRUARY 7, 2013 3
February 19, 2013 1
BKI43 PG 2I
8.B. AUTHORIZATION TO ATTEND THE 2013 NATIONAL HURRICANE CONFERENCE 3
8.C. 2013/2014 BUDGET WORKSHOP / HEARING SCHEDULE 4
8.D. REQUEST TO APPROVE RENEWAL OF A LICENSE AGREEMENT FOR OCCUPANCY
OF THE PRINCIPAL RESIDENCE ON THE JONES' PIER PROPERTY AT 7770 JUNGLE
TRAIL 4
8.E. SOUTH COUNTY REGIONAL PARK MULTI-PURPOSE FIELDS, IRC PROJECT No.
1126, FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION
AGREEMENT 5
8.F. RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR 2013-
2014 5
8.G. AWARD OF RFP No. 2013025 FOR AUCTION SERVICES 6
8.H. APPROVAL OF BID AWARD FOR IRC BID NO. 2013019 VERO SHORES PUMP
STATION NO. 143 FORCE MAIN REPLACEMENT 6
8.I. F.D.O.T. SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT -
AMENDMENT NO. 1 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S
SIGNATURE RESURFACING OF 27TH AVENUE FROM OSLO ROAD TO 20TH STREET
AND INTERSECTION IMPROVEMENTS AT 27TH AVENUE AND SW 5T0 STREET, FM
No. 425624-1-58-01, IRC PROJECT No. 0391 7
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 8
9.A. INDIAN RIVER COUNTY SHERIFF - DERYL LOAR 8
APPLICATION FOR THE VICTIMS OF CRIME ACT (VOCA) GRANT 8
9.B INDIAN RIVER COUNTY SOIL & WATER CONSERVATION DISTRICT - DAVID
GUNTER RE: STAFF ASSISTANT POSITION 8
10. PUBLIC ITEMS 9
10.A. PUBLIC HEARING - NONE 9
10 B PUBLIC DISCUSSION ITEMS 9
10.B.1. REQUEST TO SPEAK FROM JOE WIGGINS REGARDING REPAIR OF 11TH STREET
S W. , EAST OF 9TH COURT S.W. 9
10.C. PUBLIC NOTICE ITEMS 10
10.C.1. INVITATION FROM COMMUNITY RELATIONS DIRECTOR DAVID JACKSON TO
ATTEND DISTRICT 8 OPEN HOUSE 10
February 19, 2013 2
BK 143 PG 522
11. COUNTY ADMINISTRATOR MATTERS - NONE 10
12. DEPARTMENTAL MATTERS 10
12.A. COMMUNITY DEVELOPMENT 10
12.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES 10
12.A.2. REVIEW OF INEOS NEW PLANET BIOENERGY LLC'S AD VALOREM TAX
EXEMPTION ANNUAL REPORT 11
12.B. EMERGENCY SERVICES - NONE 11
12.C. GENERAL SERVICES - NONE 12
12.D. HUMAN RESOURCES - NONE 12
12 E HUMAN SERVICES - NONE 12
12.F. LEISURE SERVICES - NONE 12
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 12
12.H. RECREATION - NONE 12
12.I. PUBLIC WORKS 12
12.I.1. PUBLIC WORKS PROJECT UPDATE 12
12.J. UTILITIES SERVICES 12
12.J.1. WORK ORDER NO. 5 - PROFESSIONAL SERVICES TO KIMLEY-HORN &
ASSOCIATES, INC. FOR ACID TANK REPLACEMENT SOUTH RO WATER
TREATMENT PLAN 12
WORK ORDER NO. 5 - MOIA, BOWLES, VILLMIZAR & ASSOCIATES (MBV),
SOUTH COUNTY RO FACILITY STORAGE & PIPING TANK MODIFICATION 13
12.J.2.
13. COUNTY ATTORNEY MATTERS 13
13.A. ANNUAL RENEWAL OF COUNTY ATTORNEY'S EMPLOYMENT AGREEMENT 13
13.B. RESOLUTION DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE
AUTHORITY TO EXECUTE STANDARD CASH DEPOSIT AND ESCROW
AGREEMENTS RELATING TO CHAPTER 934, EXCAVATION AND MINING, OF THE
CODE OF INDIAN RIVER COUNTY 14
13.C. ENCROACHMENT AGREEMENT WITH FLORIDA GAS TRANSMISSION COMPANY
FOR OSLO ROAD CUSTOMER CONVENIENCE CENTER 15
14. COMMISSIONER ITEMS 15
February 19, 2013 3
BK ] 4 3 P6 523
14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN - NONE 15
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 16
14.C. COMMISSIONER PETER D. O'BRYAN - NONE 16
14.D. COMMISSIONER BOB SOLARI 16
14.D.1. SAVING THE LAGOON - ALTERNATIVES TO LAWNS 16
14 E COMMISSIONER TIM ZORC - NONE 16
15. SPECIAL DISTRICTS AND BOARDS 16
15.A. EMERGENCY SERVICES DISTRICT - NONE 16
15 B SOLID WASTE DISPOSAL DISTRICT 16
15.B.1. APPROVAL OF MINUTES - DECEMBER 4, 2012 17
15.B.2. APPROVAL OF MINUTES - DECEMBER 18, 2012 17
15.B.3. APPROVAL OF MINUTES - JANUARY 8, 2013 17
15.B.4. RELEASE OF RETAINAGE & FINAL PAY TO MANCIL'S TRACTOR SERVICE, INC.
FOR CUSTOMER CONVENIENCE CENTER PAVING IMPROVEMENTS (BID No.
2012047) 17
15.B.5. FINAL PAY TO MBV ENGINEERING, INC. FOR WORK ORDER No. 3 FOR
CUSTOMER CONVENIENCE CENTER PAVING IMPROVEMENTS 17
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 17
16. ADJOURNMENT 17
February 19, 2013 4
IN 143PG5
JEFFREY R. SMITH
Clerk to the Board
February 19, 2013
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, February 19, 2013. Present were Chairman Joseph E Flescher, Vice Chairman Wesley
S. Davis, and Commissioners Peter D O'Bryan, Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy
Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Kelly Tipton, Central Assembly of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner O'Bryan led the Pledge of Allegiance to the Flag.
February 19, 2013 1
{ 143 PG 525
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS - NONE
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. INDIAN RIVER COUNTY HOSPITAL DISTRICT MEETING SCHEDULE
Noted for the record was the continuation of the regular monthly meetings of the Indian
River County Hospital District Board of Trustees, to be held on the third Thursday of each
month, at 4:30 p.m., at the County Administration Building in the County Commission
Chambers.
7.B. APPOINTMENT OF DISTRICT 3 APPOINTEE TO THE PLANNING & ZONING
COMMISSION
Noted for the record was Commissioner Zorc's appointment of Ms. Maria Caldarone as
the District 3 Appointee to the Planning and Zoning Commission. Her term will expire in 2017.
February 19, 2013 2
143 PG 526
8. CONSENT AGENDA
Vice Chairman Davis requested to pull Item 8.G. from the Consent Agenda for
discussion.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS - FEBRUARY 1, 2013 TO FEBRUARY 7, 2013
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
the list of Warrants and Wires issued by the Comptroller's
Office for the time period of February 1, 2013 to February
7, 2013, as requested in the memorandum of February 7,
2013.
8.B. AUTHORIZATION TO ATTEND THE 2013 NATIONAL HURRICANE
CONFERENCE
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously authorized
the County Admimstrator to attend the 2013 National
Hurricane Conference on March 25 — 28, 2013, as
requested in the memorandum of February 8, 2013.
February 19, 2013 3
BX 1L3PG527
8 C. 2013/2014 BUDGET WORKSHOP/HEARING SCHEDULE
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
the following budget workshop dates and the dates for the
budget hearings for the 2013-2014 budgets:
Budget Workshops:
Budget Packet distributed to the Board of County
Commissioners on Fnday, July 12, 2013.
Scheduled Budget Workshops on Wednesday July 17,
2013 at 9:00 a.m., and Thursday, July 18, 2013 at 9:00
a.m. (as needed)
Budget Hearings:
Public Hearing on Tentative budget and proposed millage
rates on Wednesday, September 11, 2013 at 5:01 p.m.
Final Budget Hearing to adopt budget and millage rates
on Wednesday, September 18, 2013 at 5:01 p.m.
8.D. REQUEST TO APPROVE RENEWAL OF A LICENSE AGREEMENT FOR
OCCUPANCY OF THE PRINCIPAL RESIDENCE ON THE JONES' PIER PROPERTY
AT 7770 JUNGLE TRAIL
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, Board unanimously approved and
authorized the Chairman to execute the First (1St)
February 19, 2013 4
,143 PG 528
Amendment to the License Agreement with Sgt Brad
Fojtik, renewing the Agreement for an additional one-year
term, as recommended in the memorandum of February 7,
2013.
8.E. SOUTH COUNTY REGIONAL PARK MULTI-PURPOSE FIELDS, IRC PROJECT
No. 1126, FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION
AGREEMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
and authorized the Chairman to execute the Underground
Distnbution Facilities Installation Agreement with Flonda
Power & Light Company (FPL), as recommended in the
memorandum of February 11, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR
2013-2014
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
and authorized the Chairman to execute the renewal
agreements for annual geotechnical services for 2013-
2014, with Ardaman & Associates, Inc.; GFA
International, Inc.; Dunkelberger Engineering & Testing,
Inc.; and K.S.M. Engineering & Testing, Inc., as
recommended in the memorandum of February 1, 2013.
February 19, 2013 5
K l43 PG 529
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. AWARD of RFP No. 2013025 FOR AUCTION SERVICES
Vice Chairman Davis announced that he would abstain from the vote and file Form 8B,
Memorandum of Voting Conflict.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, by a 4-0 vote (Commissioner Davis
abstained), the Board* (1) approved the Request for
Proposal (RFP) to Associate Auctions, LLC, as the sole
responsive and responsible respondent meeting the
specifications as set forth in the RFP; and (2) approved
and authorized the Chairman to execute the sample
agreement when required certificate of insurance has been
received and approved by Risk Management, and the
County Attorney has approved the agreement as to form
and legal sufficiency, as recommended in the
memorandum of February 11, 2013.
FORM 8B, MEMORANDUM OF VOTING CONFLICT ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. APPROVAL OF BID AWARD FOR IRC BID NO. 2013019 VERO SHORES PUMP
STATION NO. 143 FORCE MAINREPLACEMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously: (1)
approved the bid award to Andrew Sitework, LLC, as the
February 19, 2013 6
BK 1143 PG 530
lowest most responsive and responsible bidder meeting the
specifications as set forth in the invitation to bid (2)
approved the sample agreement; and (3) authonzed the
Chairman to execute said agreement after receipt and
approval of the required Public Construction Bond and
Certificate of Insurance, and after the County Attorney has
approved the agreement as to form and legal sufficiency,
recommended in the memorandum of February 8, 2013.
S.I. F.D.O. T. SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT
AMENDMENT Na 1 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S
SIGNATURE RESURFACING OF 27TH AVENUE FROM OSLO ROAD TO 20"7
STREET AND INTERSECTION IMPROVEMENTS AT 27'h'AVENUE AND SW 5"`
STREET, FM No. 425624-148-01, IRCPROJECTNo. 0391
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
Resolution 2013-011, with the Flonda Department of
Transportation authorizing the Chairman's execution of
Amendment No. 1 to the Small County Outreach Program
(SCOP) Agreement for intersection improvements at 27th
Avenue and SW 5th Street, and resurfacing of 27th Avenue
from CR-606/Oslo Road to SR-60/20th Street.
February 19, 2013 7
II 143 PG 531
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
RA. INDL4 N RIVER COUNTY SHERIFF - DER YL LOAR
APPLICATION FOR THE VICTIMS OF CRIME ACT (VOCA) GRANT
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
2013-2014 Victims of Crime Act (VOCA) Continuation
Grant with the U.S. Department of Justice, as requested in
the letter of February 6, 2013.
9.B. INDIAN RIVER COUNTY SOIL & WATER CONSERVATION DISTRICT - DAVID
GUNTER RE: STAFF ASSISTANT POSITION
David Gunter, Board of Supervisors, Indian River Soil & Water Conservation District
(IRSWCD), asked the Board for authorization to hire a replacement for IRSWCD's former staff
assistant Brenda Davis, who has vacated the position.
Vice Chairman Davis, Board Liaison, relayed the Agricultural Advisory Committee's
recommendation to hire a new assistant.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher, to authorize the
Indian River Soil & Water Conservation District
(IRSWCD) to fill the vacant Staff Assistant position.
The Board sought and received additional information from Mr. Gunter and staff.
•
February 19, 2013 8
BK 43PG532
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board authorized the
Indian River Soil & Water Conservation District
(IRSWCD) to fill the vacant Staff Assistant position.
10. PUBLIC ITEMS
10.A. PUBLIC HEARING - NONE
10.B. PUBLIC DISCUSSION ITEMS
1 O.B.1. REQUEST TO SPEAK FROM JOE WIGGINS REGARDING REPAIR OF II "i
STREETS. W,EASTOF9""COURTS.W.
Mr. and Mrs. Joe Wiggins, 895 11th Street SW, requested that the Board improve a
portion of 11`h Street SW by adding fill to the hump at the end of the roadway.
Director of Public Works Chris Mora showed slides (copy on file) to delineate where the
County's right-of-way ends and what portion of the road would be Mr. Wiggins's responsibility
(on his right-of-way).
Discussion ensued regarding who owns the portion of the roadway that needs to be
improved.
The Board consensus was for the County to address any voids or erosions on the
County's side of the road.
Commissioner O'Bryan added that the County would be agreeable to the Wiggins's cost-
sharing for their portion of the fill.
February 19, 2013 9
`143 PG 5.33
1
10. C. PUBLIC NOTICE ITEMS
10. C.1. INVITATION FROM COMMUNITY RELATIONS DIRECTOR DAVID JACKSON
TO ATTEND DISTRICT 8 OPEN HOUSE
(Clerk's Note: This item was heard following Item 15.B.5 during the Solid Waste
Disposal District meeting, and is placed here for continuity).
David Jackson, Director of Community Relations for Congressman Bill Posey, invited
everyone to attend the District 8 Congressional Office Open House from 10:30 a.m. —12:30 p.m.
in the County Administration Building.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES
Building Division Director Jose Guanch displayed slides and provided background on
two unsafe structures located at 625 40th Avenue (owned by Wilma Martin), and 1705 45th
Avenue (owned by Giovanni Parente). He then presented staff's recommendation for the Board
to approve the demolition of the structures.
Mary McDevitt voiced support for the demolition.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to approve staff's
recommendation.
Dave Ruest, 1700 45th Avenue, also advocated the demolition.
February 19, 2013 10
11143PG5
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board unanimously
approved Resolution 2013-012, providing for the
demolition of unsafe structures and the recovery of costs.
12.A.2. REVIEW OF INEOS NEW PLANET BIOENERGYLLC'S AD VALOREM TAX
EXEMPTIONANNUAL REPORT
Planning Director Stan Boling recalled the Board's adoption on December 20, 2011, of
Ordinance 2011-011, granting an economic development ad valorem tax exemption to INEOS
New Planet BioEnergy, LLC. Through a PowerPoint presentation (copy on file), he reviewed
the key points of the first annual Ad Valorem Tax Exemption Report submitted by INEOS for
the year 2013, and presented staffs recommendation for the Board to find that INEOS is
currently in compliance with the ad valorem tax exemption requirements.
Commissioner O'Bryan voiced his support for the tax abatement program. He pointed
out that over the 10 -year exemption period, INEOS would be remitting at least twice as much in
property tax assessments than would have been abated in that same time period.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously found
that INEOS New Planet BioEnergy LLC is currently in
compliance with its ad valorem tax exemption
requirements, as recommended in the memorandum of
February 7, 2013.
12.B. EMERGENCY SERVICES - NONE
February 19, 2013
11
BK 143PG5`35
12. C. GENERAL SERVICES - NONE
12.11. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
12.L PUBLIC WORKS
12.7.1. PUBLIC WORKS PROJECT UPDATE
Public Works Director Chris Mora, through a PowerPoint Presentation (copy on file),
provided an outline of current and pending Public Works projects. He disclosed that an updated
list and map of road projects can be found on the County's website, http://www.ircgov.com,
under ' Quick Links - Road Closure/Construction Map."
Discussion followed as staff addressed the Board's questions and comments.
No Board Action Required or Taken
12.1 UTILITIES SERVICES
12.11. Won ORDER No. 5 - PROFESSIONAL SERVICES TO KIMLEY-HORN &
ASSOCIATES, INC. FOR ACID TANK REPLACEMENT SOUTHRO WATER
TREATMENT PLAN
February 19, 2013 12
IN 143 PG 536
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 5
to Kimley-Horn and Associates, Inc., in the amount of
$17,900.00, as recommended in the memorandum of
February 8, 2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.2. WORK ORDER No. 5 - MOL4, BOWLES, VILLMIZAR & ASSOCIATES
(MBV), SOUTH COUNTYRO FACILITY STORAGE & PIPING TANK
MODIFICATION
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 5
to Moia, Bowles, Villmizar & Associates (MBV) as
presented, in the amount of $16,800.00, as recommended
in the memorandum of February 1, 2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. ANNUAL RENEWAL OF COUNTY ATTORNEY'S EMPLOYMENT AGREEMENT
Attorney Polackwich asked whether the Board wished to renew his annual employment
agreement with the County, which expires on February 22, 2013.
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February 19, 2013 13
MC R3 PG 537
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
renewal of the proposed employment agreement with Alan
S. Polackwich, Sr., the County Attorney.
Attorney Polackwich, referring to information contained in his memorandum of
February 13, 2013, advised that due to personal reasons, he was tendering his resignation. He
explained that no effective date has been set, and that he would vacate his position at a mutually
convenient date in the late summer.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unammously accepted
the resignation of County Attorney Alan S. Polackwich,
Sr , effective at a mutually convenient date m the
July/August 2013 timeframe.
It was noted that it would be prudent to begin searching for a new County Attorney in a
timely manner.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board directed staff to begin the
process of selecting a new County Attorney.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. RESOLUTION DELEGATING TO THE COUNTYADMINISTRATOR OR
DESIGNEE THE AUTHORITY TO EXECUTE STANDARD CASH DEPOSIT AND
ESCROW AGREEMENTS RELATING TO CHAPTER 934, EXCAVATION AND
MINING, OF THE CODE OFINDIANRIVER COUNTY
:143 PG 538
February 19, 2013 14
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solan, the Board unanimously approved
Resolution 2013-013, delegating to the County
Administrator or designee the authority to execute
standard cash deposit and escrow agreements under
Chapter 934, Excavation and Mining, of the Code of
Indian River County.
Deputy County Attorney Bill DeBraal relayed that the developer wants to begin hauling
dirt from the new Publix Supermarket (under construction as part of the Harbor Point project),
and requested that the agreements be signed without delay.
The Chairman CALLED THE QUESTION, and the
Motion carred unanimously.
13.C. ENCROACHMENT AGREEMENT WITH FLORIDA GAS TRANSMISSION
COMPANY FOR OSLO ROAD CUSTOMER CONVENIENCE CENTER
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
and authorized the Chairman to execute the Encroachment
Agreement with Honda Gas Transmission Company
(FGT) as recommended in the memorandum of February
11, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMNIISSIONER ITEMS
14.A. COMMISSIONER JOSEPHE. FLESCHER, CHAIRMAN- NONE
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February 19, 2013 15
PA 143 PG 539
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE
14. C. COMMISSIONER PETER D. O'BRYAN - NONE
14.D. COMMISSIONER BOB SOLARI
14.D.1. SAVING THE LAGOON ALTERNATIVES TO LAWNS
Commissioner Solari, through a PowerPoint Presentation (copy on file), discussed the
landscaping improvements being undertaken as his yard is converted from sod to a more
environmentally friendly expanse that conserves water and eliminates/reduces fertilizer use. He
suggested that the Community Development Director send a letter to the County Health
Department asking them to reconsider their requirement to cover drainfields with sod. He also
wanted the Public Works Department to consider allowing other options besides sod in projects
being done in the County.
14.E. COMMISSIONER TIMZORC - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Regular Board reconvened as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are available separately.
February 19, 2013 16
gI 143 PG 540
15.B.1. APPROVAL OF MINUTES - DECEMBER 4, 2012
15.B.2. APPROVAL OF MINUTES - DECEMBER 18, 2012
15.B.3. APPROVAL OF MINUTES - JANUARY 8, 2013
15.B.4. RELEASE OF RETAINAGE & FINAL PAY TO MANCIL'S TRACTOR SERVICE,
INC. FOR CUSTOMER CONVENIENCE CENTER PAVING IMPROVEMENTS (BID
No. 2012047)
15.B.5. FINAL PAY TO MBV ENGINEERING, INC. FOR WORK ORDER No. 3 FOR
CUSTOMER CONVENIENCE CENTER PAVING IMPROVEMENTS
15. C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 10:28 a.m.
ATTEST:
y
rk of Circuit Court & Comptroller
February 19, 2013
Joseph E Flescher, Chairman
17
143 PG 541
Minutes Approved: APR 0 2 2013
BCC/MG/2013Minutes
February 19, 2013 18