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HomeMy WebLinkAbout03/05/2013COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Peter D. O'Bryan Bob Solari Tim Zorc District 2 District 1 District 4 District 5 District 3 MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, MARCH 5, 2013 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Joseph A. Baird, County Administrator Alan S. Polackwich, Sr., County Attorney Jeffrey R. Smith, Clerk to the Board 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:00 A.M. Commissioner Wesley S. Davis, Vice Chairman Commissioner Joseph E Flescher, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of January 15, 2013 B. Regular Meeting of January 22, 2013 March 5, 2013 PAGE { 143 PG 546 Page 1 of 6 INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION PAGE A. Resignation of Albert Tetreault to the Vero Lake Estates Municipal Service Taxing Unit Advisory Committee (VLE MSTU AC) (memorandum dated February 25, 2013) 1-2 B. Appointment of FACA Representative to the Transportation Disadvantaged Local Coordinating Board (memorandum dated February 27, 2013) 8. CONSENT AGENDA A. Approval of Warrants — February 8, 2013 to February 14, 2013 (memorandum dated February 14, 2013) 3-4 5-12 B. Approval of Warrants — February 15, 2013 to February 21, 2013 (memorandum dated February 21, 2013) 13-20 C. Proclamation and Retirement Award Honoring Terry Smith on His Retirement from Indian River County Board of County Commissioners Department of Public Works with Sixteen Years Service 21-22 D. Release of Retainage for Work Order No. 23 with Bndge Design Associates, Inc. for Bndge Construction Phase Services for Oslo Road Bridge over 43rd Avenue Ditch, Indian River County Project No. 0533 (memorandum dated February 19, 2013) 23-24 E. Approval of License Agreement with Van Ert, Nemoto and Associates, LLC to Perform Research and Assist the County in Various Stormwater Treatment Related Efforts at Egret Marsh Stormwater Park (memorandum dated February 19, 2013) 25-33 F. Former Cattle Dip Site — Geosyntec Consultants, Inc., Work Order # 6 — Site Assessment (memorandum dated February 5, 2013) 34-62 G. Florida Inland Navigation District FY 2013 Waterways Assistance Program Authorizing Resolution for the Oslo Boat Ramp Improvements (memorandum dated February 22, 2013) 63-69 H. Approval of License Agreement for New Resident Sheriffs Deputy at Donald MacDonald Park (memorandum dated February 15, 2013) March 5, 2013 70-75 OK 143 PC 54:1 Page 2 of 6 8. CONSENT AGENDA PAGE I. Renewal and Amendment of Agreement for Food Concession Services at Sandridge Golf Club (memorandum dated February 18, 2013) J. Fourth of July Fireworks Funding — Miscellaneous Budget Amendment 007 (memorandum dated February 25, 2013) K. Miscellaneous Budget Amendment 008 (memorandum dated February 22, 2013) 76-79 80-84 85-92 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Supervisor of Elections — Leslie Rosswav Swan Legislative Mandate, Accessible Voting Equipment, F.S. 101.56075 (letter dated February 27, 2013) 10. PUBLIC ITEMS A. PUBLIC BEARINGS None B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS 93 A. Community Development 1. Request to Approve a Preferred Vendor Contract with Clear Village Inc. for a Building Division e -Permitting System (memorandum dated February 22, 2013) B. March 5, 2013 Emergency Services None 94-109 BK !43 PG 54 Page 3 of 6 12. DEPARTMENTAL MATTERS PAGE C. General Services None D. Human Resources None E. Human Services None F. Leisure Services None G. Office of Management and Budget H. I. None Recreation None Public Works None J. Utilities Services 1. Final Pay to L3 Commumcations of Largo Fl for IRC Bid No. 2012044 to South RO Plant Wonderware Software Upgrade (memorandum dated February 18, 2013) 110-112 2. Work Order No 6 with MBV Engineering for Roof Replacements (memorandum dated February 22, 2013) 113-117 13. COUNTY ATTORNEY MATTERS A. Stipulated Order for Expert Witness Fees for Mary Charlene Brown Parcels 107A, 107B, 107C and 404 (memorandum dated February 27, 2013) 118-121 B. Settlement Agreement for Appraisal Fees for William and Ruth Stanbridge parcels (memorandum dated February 27, 2013) March 5, 2013 122-123 OK 143 PG 549 Page 4 of 6 13. COUNTY ATTORNEY MATTERS PAGE C. Necessity of Take Resolution for parcel of property located at 6420 49th Street, Parcel 163 and accompanying Temporary Construction Easement (memorandum dated February 27, 2013) 124-134 D. Unconditional Offer for Parcel 108 on 66th Avenue owned by the Estate of Earl Hobbs, Jr., 6420 49th Street, Vero Beach (memorandum dated February 27, 2013) E. Request for Advice/Closed Attorney -Client Session Mensing v. Indian River County, Circuit Court, Indian River County Case # 31 2010 CA 005009 and Mensing v. Indian River County, et al, Circuit Court, Indian River County Case # 31 2012 CA 000976 (memorandum dated February 26, 2013) 135-142 143 F. Overview of PACE Program (memorandum dated February 26, 2013) 144-156 G. Vero Beach Sports Village — Lease -Update (memorandum dated February 26, 2013) 157-159 H. Hiring Process — New County Attorney (memorandum dated February 25, 2013) 160-166 14. COMMISSIONERS ITEMS A. Commissioner Joseph E. Flescher, Chairman None B. Commissioner Wesley S. Davis, Vice Chairman 1. Foxwood — 66th and 26th in Central County (memorandum dated February 26, 2013) 167-168 2. Constitutional Amendment #11— Homestead Exemption for Elderly (memorandum dated February 27, 2013) 169-172 C. Commissioner Peter D. O'Brvan None D. Commissioner Bob Solari 1. Presentation by Helene Castletine, CEcD, Director of Economic Development, Indian River County Chamber of Commerce, Enterprise Zone Legislation Summaries March 5, 2013 173-178 BK 14 3 PG 5`5 0 Page 5 of 6 14. COMMISSIONERS ITEMS PAGE D. Commissioner Bob Solari 2. Shout Out in Support of Electric Referendum (memorandum dated February 27, 2013) 179 E. Commissioner Tim Zorc 1. 2013 National Conference on Beach Preservation Technology (memorandum dated February 18, 2013) 180 2. Go -Line Bus Hub (memorandum dated February 18, 2013) 181 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. 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 Amencans 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. March 5, 2013 f OK 1 4 3 PG 55 t Page 6 of 6 JEFFREY R. SMITH Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING BOARD OF COUNTY COMMISSIONERS MARCH 5, 2013 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 DELETION: 8 E APPROVAL OF LICENSE AGREEMENT WITH VAN ERT, NEMOTO AND ASSOCIATES, LLC TO PERFORM RESEARCH AND ASSIST THE COUNTY IN VARIOUS STORMWATER TREATMENT RELATED EFFORTS AT EGRET MARSH STORMWATER PARK 2 ADDITION: 13.I. EMERGENCY ITEM - RESULTS OF WATER/SEWER SURVEY 2 TABLED: 14.D.1. PRESENTATION BY HELENE CASELTINE TO MARCH 12, 2013 BCC MEETING 2 5. PROCLAMATIONS AND PRESENTATIONS - NONE 2 6. APPROVAL OF MINUTES 2 6.A. MEETING OF JANUARY 15, 2013 2 6.B. MEETING OF JANUARY 22, 2013 2 March 5, 2013 1 Bic , 143 PG 552 1 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 7.A. RESIGNATION OF ALBERT TETREAULT TO THE VERO LAKE ESTATES MUNICIPAL SERVICE TAXING UNIT ADVISORY COMMITTEE (VLE MSTU AC) 3 7.B. APPOINTMENT OF FACA REPRESENTATIVE TO THE TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD 3 8. CONSENT AGENDA 3 8.A. APPROVAL OF WARRANTS - FEBRUARY 8, 2013 TO FEBRUARY 14, 2013 4 8 B APPROVAL OF WARRANTS - FEBRUARY 15, 2013 TO FEBRUARY 21, 2013 4 8.C. PROCLAMATION AND RETIREMENT AWARD HONORING TERRY L SMITH ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS WITH SIXTEEN YEARS SERVICE 4 8.D. RELEASE OF RETAINAGE FOR WORK ORDER NO. 23 WITH BRIDGE DESIGN ASSOCIATES, INC. FOR BRIDGE CONSTRUCTION PHASE SERVICES FOR OSLO ROAD BRIDGE OVER 43RD AVENUE DITCH, INDIAN RIVER COUNTY PROJECT NO. 0533 5 8 E DELETED. APPROVAL OF LICENSE AGREEMENT WITH VAN ERT, NEMOTO AND ASSOCIATES, LLC TO PERFORM RESEARCH AND ASSIST THE COUNTY IN VARIOUS STORMWATER TREATMENT RELATED EFFORTS AT EGRET MARSH STORMWATER PARK 5 8.F. FORMER CATTLE DIP SITE - GEOSYNTEC CONSULTANTS, INC., WORK ORDER # 6 - SITE ASSESSMENT 5 8.G. FLORIDA INLAND NAVIGATION DISTRICT FY 2013 WATERWAYS ASSISTANCE PROGRAM AUTHORIZING RESOLUTION FOR THE OSLO BOAT RAMP IMPROVEMENTS 6 8.H. APPROVAL OF LICENSE AGREEMENT FOR NEW RESIDENT SHERIFF'S DEPUTY AT DONALD MACDONALD PARK 7 8.I. RENEWAL AND AMENDMENT OF AGREEMENT FOR FOOD CONCESSION SERVICES AT SANDRIDGE GOLF CLUB 7 8.J. FOURTH OF JULY FIREWORKS FUNDING - MISCELLANEOUS BUDGET AMENDMENT 007 8 8.K. MISCELLANEOUS BUDGET AMENDMENT 008 8 March 5, 2013 2 BK '14 3 PG 5 5 3 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 8 9.A.1. INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS — LESLIE ROSSWAY SWAN - LEGISLATIVE MANDATE, ACCESSIBLE VOTING EQUIPMENT, F.S. 101.56075 8 10. PUBLIC ITEMS 9 10.A. PUBLIC HEARING(S) - NONE 9 10.B. PUBLIC DISCUSSION ITEMS - NONE 9 10.C. PUBLIC NOTICE ITEMS - NONE 9 11. COUNTY ADMINISTRATOR MATTERS - NONE 9 12. DEPARTMENTAL MATTERS 9 12.A. COMMUNITY DEVELOPMENT 9 12.A.1. REQUEST TO APPROVE A PREFERRED VENDOR CONTRACT WITH CLEAR VILLAGE, INC. FOR A BUILDING DIVISION E -PERMITTING SYSTEM 9 12.B. EMERGENCY SERVICES - NONE 11 12.C. GENERAL SERVICES - NONE 11 12.D. HUMAN RESOURCES - NONE 11 12 E HUMAN SERVICES - NONE 11 12.F. LEISURE SERVICES - NONE 11 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 11 12.H. RECREATION - NONE 11 12.I. PUBLIC WORKS - NONE 11 12.J. UTILITIES SERVICES 11 12.J.1. FINAL PAY TO L3 COMMUNICATIONS OF LARGO FL FOR IRC BID NO. 2012044 TO SOUTH RO PLANT WONDERWARE SOFTWARE UPGRADE 11 12.J.2. WORK ORDER No. 6 WITH MBV ENGINEERING FOR ROOF REPLACEMENTS 12 13 COUNTY ATTORNEY MATTERS 12 13.A. STIPULATED ORDER FOR EXPERT WITNESS FEES FOR MARY CHARLENE BROWN PARCELS 107A, 107B, 107C AND 404 12 13 B SETTLEMENT AGREEMENT FOR APPRAISAL FEES FOR WILLIAM AND RUTH STANBRIDGE PARCELS 13 March5,2013 3 OK 143 PG 554 13.C. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED AT 6420 49TH STREET, PARCEL 163 AND ACCOMPANYING TEMPORARY CONSTRUCTION EASEMENT 14 13.D. UNCONDITIONAL OFFER FOR PARCEL 108 ON 66TH AVENUE OWNED BY THE ESTATE OF EARL HOBBS, JR., 6420 49TH STREET, VERO BEACH 15 13.E. REQUEST FOR ADVICE/CLOSED ATTORNEY-CLIENT SESSION - MENSING V. INDIAN RIVER COUNTY, CIRCUIT COURT, INDIAN RIVER COUNTY CASE # 31 2010 CA 005009 AND MENSING V. INDIAN RIVER COUNTY, ET AL, CIRCUIT COURT INDIAN RIVER COUNTY CASE # 31 2012 CA 000976 15 13.F. OVERVIEW OF PACE PROGRAM 16 13.G. VERO BEACH SPORTS VILLAGE - LEASE UPDATE 17 13.H. HIRING PROCESS - NEW COUNTY ATTORNEY 21 13.I. ADDITION' EMERGENCY ITEM - RESULTS OF WATER/SEWER SURVEY 21 14. COMMISSIONER ITEMS 22 14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN - NONE 22 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 22 14.B.1. FOXWOOD - 66TH AND 26TH IN CENTRAL COUNTY 22 14 B.2. CONSTITUTIONAL AMENDMENT #11 - HOMESTEAD EXEMPTION FOR ELDERLY 23 14.C. COMMISSIONER PETER D. O'BRYAN - NONE 24 14.D. COMMISSIONER BOB SOLARI 24 14.13.1. TABLED: PRESENTATION BY HELENE CASELTINE, CENTRE FOR THE EVOLUTION OF CULTURAL DIVERSITY (CEcD), DIRECTOR OF ECONOMIC DEVELOPMENT, INDIAN RIVER COUNTY CHAMBER OF COMMERCE, ENTERPRISE ZONE LEGISLATION SUMMARIES 24 24 24 24 25 14.D.2. SHOUT OUT IN SUPPORT OF ELECTRIC REFERENDUM 14 E COMMISSIONER TIM ZORC 14.E.1 2013 NATIONAL CONFERENCE ON BEACH PRESERVATION TECHNOLOGY 14 E 2 GO -LINE Bus HUB 15. SPECIAL DISTRICTS AND BOARDS 25 15.A. EMERGENCY SERVICES DISTRICT - NONE 25 15 B SOLID WASTE DISPOSAL DISTRICT - NONE 25 15.C. ENVIRONMENTAL CONTROL BOARD - NONE 25 March 5, 2013 4 KK 43 PG 555 16. ADJOURNMENT March 5, 2013 5 26 BK 143 PG 556 JEFFREY R. SMITH Clerk to the Board March 5, 2013 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Flonda, met in Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on Tuesday, March 5, 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 Leona Adair Allen. 1. CALL TO ORDER Chairman Flescher called the meeting to order at 9:00 a.m. 2. INVOCATION Vice Chairman Davis delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Chairman Flescher led the Pledge of Allegiance to the Flag. March 5, 2013 1 14 3 PG 55 7%\ 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Flescher requested the following change(s)to the Agenda: Deletion: 8.E. Approval of License Agreement with Van Ert, Nemoto and Associates~ LLC to Perform Research and Assist the County in Various Stormwater Treatment Related Efforts at Egret Marsh Stormwater Park Addition: 13.I. Emergency Item — Results of Water/Sewer Survey Tabled: 14.D.1. Presentation by Helene Caseltine to March 12, 2013 BCC meeting ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS - NONE 6. APPROVAL OF MINUTES 6.A. MEETING OF JANUARY 15, 2013 6.B. MEETING OF JANUARY 22, 2013 The Chairman asked if there were any corrections or additions to the minutes. There were none. March 5, 2013 ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved the minutes of the January 15, 2013, and January 22, 2013 meetings, as written. • 2 1143 P6 558 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. RESIGNATION OF ALBERT TETREA ULT TO THE VERO LAKE ESTATES MUNICIPAL SERVICE TAXING UNIT ADVISORY COMMITTEE (VLE MSTU AC) Noted for the record was the resignation of Al Tetreault, who tendered his resignation, effective immediately, from the Vero Lake Estates Municipal Service Taxing Unit Advisory Committee. 7.B. APPOINTMENT OF FACA REPRESENTATIVE TO THE TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD Noted for the record was the appointment of Leonard Edwards, as the Florida Association Community Action (FACA) representative, effective immediately, from the Transportation Disadvantaged Local Coordinating Board. 8. CONSENT AGENDA Commissioner O'Bryan requested to pull Item 8 F from the Consent Agenda for discussion. ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved the Consent Agenda, as amended. March 5, 2013 3 143 PG 559. 8.A. APPROVAL OF WARRANTS - FEBRUARY 8, 2013 TO FEBRUARY 14, 2013 ON MOTION by Vice Chairman Davis, 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 8, 2013 to February 14, 2013, as requested in the memorandum of February 14, 2013. 8.B. APPROVAL OF WARRANTS - FEBRUARY 15, 2013 TO FEBRUARY 21, 2013 ON MOTION by Vice Chairman Davis, 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 15, 2013 to February 21, 2013, as requested in the memorandum of February 21, 2013. 8.C. PROCLAMATION AND RETIREMENT AWARD HONORING TERRY L. SMITH ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS WITH SIXTEEN YEARS SERVICE ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved the Proclamation and Retirement Award honoring Terry L Smith on his retirement from the Department of Public Works. March 5, 2013 4 BK 143PG560 B.D. RELEASE OF RETAINAGE FOR WORK ORDER No. 23 WITH BRIDGE DESIGN ASSOCIATES, INC. FOR BRIDGE CONSTRUCTION PHASE SERVICES FOR OSLO ROAD BRIDGE OVER 43RD AVENUE DITCH, INDL4N RIVER COUNTY PROJECT NO. 0533 ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved payment to Bridge Design Associates, Inc., Invoice No. 08-505/R2, dated November 6, 2012, in the amount of $790.28 for release of retainage, as recommended in the memorandum of February 19, 2013. 8.E. DELETED: APPROVAL OF LICENSE AGREEMENT WITH VAN ERT, NEMOTO AND ASSOCIATES, LLC TO PERFORM RESEARCH AND ASSIST THE COUNTY IN VARIOUS STORMWATER TREATMENT RELATED EFFORTS AT EGRET MARSH STORMWATER PARK 8.F. FORMER CATTLE DIP SITE - GEOSYNTEC CONSULTANTS, INC., WORK ORDER # 6 - SITE ASSESSMENT Commissioner O'Bryan requested staff to provide an update on the monitoring of the former cattle dip site, located on the south side of SR 510, near the Disney Vero Beach Resort. He wanted to know if there would ever be an end to the momtonng, and whether the County would ever be able to use the site. Public Works Director Chris Mora explained that the State had directed the County to continue monitoring the site due to arsenic, heavy metals, and other chemicals detected underground from the former cattle dip operation; and he conveyed that an underground plume of water containing pollutants was recently discovered. He said new wells had to be dnlled March 5, 2013 5 fa 143PG'5. further away from the original site, and to date, a clean bill of health has not been received, meaning there is no set date to stop monitoring. Discussion ensued relative to the monitoring process and the costs associated with it, adjoining parcels that could be adding to the water plume, remediation, and whether the County could receive a Brownfield designation. Deputy County Attorney William DeBraal revealed that the County has been voluntarily cooperating with the Department of Environmental Protection (DEP), and if the County would cease participation, DEP could issue a Consent Order insisting on monitoring and reporting. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Work Order No. 6, authonzmg the services in the Scope of Services and authorized the Chairman to execute same on their behalf, as recommended in the memorandum of February 5, 2013. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.G. FLORIDA INLAND NAVIGATION DISTRICT FY 2013 WATERWAYS ASSISTANCE PROGRAMAUTHORIZING RESOLUTION FOR THE OSLO BOAT RAMP IMPROVEMENTS ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved Resolution 2013-014, Attachment E-6, Resolution for Assistance 2013 under the Flonda Inland Navigation Distnct Waterways Assistance Program. • March 5, 2013 6 BK 143PG52 1 8.H. APPROVAL OF LICENSE AGREEMENT FOR NEW RESIDENT SHERIFF'S DEPUTY AT DONALD MACDONALD PARK ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved the License Agreement with the new tenant, at Donald MacDonald Park, and authorized the Chairman to execute same, as recommended in the memorandum of February 15, 2013. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.I. RENEWAL AND AMENDMENT OF AGREEMENT FOR FOOD CONCESSION SERVICES AT SANDRIDGE GOLF CLUB ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved and authorized the Chairman to execute the Renewal and Amendment Agreement with Peggy Cardell and Associates, Inc., for food concession services at Sandridge Golf Club, as recommended in the memorandum of February 18, 2013. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 5, 2013 7 OK 143 PG 563 8.J. FOURTH OF JULY FIREWORKS FUNDING - MISCELLANEOUS BUDGET AMENDMENT 007 ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved Resolution 2013-015, amending the fiscal year 2012-2013 budget. 8.K. MISCELLANEOUS BUDGET AMENDMENT 008 ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved Resolution 2013-016, amending the fiscal year 2012-2013 budget. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 9.A.1. INDLANRIVER COUNTY SUPERVISOR OF ELECTIONS -LESLIE ROSSWAY SWAN - LEGISLATIVE MANDATE, ACCESSIBLE VOTING EQUIPMENT, F.S. 101.56075 Supervisor of Elections Leslie Rossway Swan, using a PowerPoint presentation (on file), informed the Board that the Florida Legislature recently mandated counties to have a voting system that complies with Florida Statute 101.56075 by the year 2016. The mandate gives individuals with disabilities the opportunity to vote unassisted, utilizing a voting unit that would be equipped with an audio/tactile interface so the disabled voter's selections can be marked on a paper ballot. After highlighting concerns and providing alternatives, she fisted possible funding sources/options to help offset some of the costs (about $1.4 million) for the new system. March 5, 2013 8 BK 1 3 PG 564 A lengthy discussion ensued as the Supervisor of Elections addressed the Board's questions relating to this requirement, the upgrades, estimated cost, and warranty. Administrator Joseph Baird did not want to commit to funding at this time, he believed it was too premature to evaluate the funding for this mandate in the budget. NO ACTION REQUIRED OR TAKEN 10. PUBLIC ITEMS 10.A. PUBLICHEARING(S) NONE 10.B. PUBLIC DISCUSSION ITEMS - NONE 10.C. PUBLIC NOTICE ITEMS - NONE 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT 12.24.1. REQUEST TO APPROVE A PREFERRED VENDOR CONTRACT WITH CLEAR VILLAGE, INC. FOR A BUILDING DIVISION E -PERMITTING SYSTEM Community Development Director Robert Keating summarized his memorandum dated February 22, 2013, explaining the e -Permitting system, and how it would enhance efficiency by allowing applicants to submit their building permit applications, digital plan sets, and electronic payments through the interne to the Building Division office. He informed the Board that staff had contracted with Clear Village, Inc. (CVI) to develop the tablet application, and since they March 5, 2013 9 IN 143 PG 565 have become familiar with the County's existing system, and it has been working well, they requested that the bid process be waived and CVI be chosen as the preferred vendor for the e - Permitting System. Building Division Director Jose Guanch and Director Keating addressed questions and concerns from the Board regarding the specifics of the acquisition, transitioning to an electronic environment, the transparency of the system, and loading the owner's address into the system for status and update notification. David Loeb, Clear Village, Inc. representative, said his company participated in the signing of the "open for business initiative," and his software supports the tenants in the initiative. ON MOTION by Commissioner Solari, SECONDED by Chairman Flescher, the Board unanimously: (1) found the selection of Clear Village, Inc. to be the preferred vendor for the Building Division's E -Permitting System and in the best interest of the County; (2) waived the bid process for the e -Permitting project* (3) selected Clear Village, Inc. as the preferred vendor; and (4) authorized the Chairman to execute the Master Agreement for software licenses and professional services between Clear Village Inc. and Indian River County, after receipt and approval of the required Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency, all as recommended in the .memorandum of February 22, 2013. DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 5, 2013 10 if 143PG 566 E 12.B. EMERGENCY SERVICES - NONE 12. C. GENERAL SERVICES - NONE 12.1. 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.I. PUBLIC WORKS - NONE 12.J. UTILITIES SERVICES 12..J.1. FINAL PAY TO L3 COMMUNICATIONS OF LARGO FL FOR IRC BID No. 2012044 TO SOUTHRO PLANT WONDERWARE SOFTWARE UPGRADE ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Final Pay to L-3 Communications Secunty and Detection Systems, Inc., Largo, Florida, in the amount of $34,750.00, and authorized the Chairman to execute same as presented; inclusive of the final payment total amount paid to L-3 Communications will be $126,750.00, as recommended in the memorandum of February 18, 2013. March 5, 2013 11 BK 143 PG 567 12.1.2. WORK ORDER No. 6 WITH MBV ENGINEERING FOR ROOF REPLACEMENTS ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously approved Work Order No. 6 with MBV Engineering, Inc. with tasks outlined in the Scope of Services, and authonzed the Chairman to execute same for the amount of $26,500, as recommended in the memorandum of February 22, 2013. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COUNTY ATTORNEY MATTERS 13.A. STIPULATED ORDER FOR EXPERT WITNESS FEES FOR MARY CHARLENE BROWN PARCELS 107A, 107B. 107C AND 404 Deputy County Attorney William DeBraal provided background on the four adjoining lots that would be impacted by the 66th Avenue improvement projects located on the west side of 66th Avenue north of 49th Street; the Mediated Settlement Agreement; and associated costs. He thereafter recommended the Board approve the proposed Stipulated Order Awarding Defendant, Charlene B. Brown, Experts' Costs & Supplemental Attorneys' Fees of $103,126.00. The Board voiced concerns over the cost of the expert witness fees. Commissioner O'Bryan did not feel the costs associated with the fees were reasonable and preferred taking this to court. MOTION WAS MADE by Commissioner Solari, SECONDED by Vice Chairman Davis, to approve staff s recommendation. March5,2013 12 .f 4 3 PG 568 r Attorney DeBraal addressed Board concerns regarding Ms. Brown's compensation, the litigation, and putting a stop to the cost factors involved with the eminent domain process. Attorney Polackwich explained the factors, alternatives, and challenges of taking an eminent domain case to court. The Chairman CALLED THE QUESTION, and by a 4-1 vote (Commissioner O'Bryan opposed), the Motion carried. The Board approved the Stipulated Order Awarding Defendant, Charlene B. Brown, Experts' Costs and Supplemental Attorneys' Fees, in the amount of $103,126, as recommended in the memorandum of February 27, 2013. 13.B. SETTLEMENT AGREEMENT FOR APPRAISAL FEES FOR WILLIAM AND RUTH STANBRIDGE PARCELS MOTION WAS MADE by Commissioner Solari, SECONDED by Vice Chairman Davis, to approve staff's recommendation. The Board reiterated the same concerns as in Item 13.A. above, relating to expert witness fees. Discussion ensued regarding the acquisition of right-of-way for the CR 510/US1 project, the County and homeowner(s) agreeing upon a pnce before taking it to litigation, and the possibility of implementing a different process or formula to save the County money when using the eminent domain process. March 5, 2013 13 I 4 3 PG 569 The Chairman CALLED THE QUESTION, and by a 4-1 vote (Commissioner O'Bryan opposed), the Motion carried. The Board approved the Settlement Agreement for Appraisal Fees for the William and Ruth Stanbridge parcels, as recommended in the memorandum of February 27, 2013. The Chairman called for a break at 10:37 a.m., and reconvened the meeting at 10:50 a.m., with all members present. 13. C. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED AT 6420 49"" STREET, PARCEL 163 AND ACCOMPANYING TEMPORARY CONSTRUCTION EASEMENT (Clerk's Note: Items 13.C. and 13.D. were discussed conjointly, but the motions were separate). Attorney DeBraal provided specifics regarding the property acquisitions from the Earl A. Hobbs, Jr. Estate, for the needed right-of-way associated with the 66th Avenue expansion project. Discussion ensued regarding the remaining acreage after the take, putting more money in the homeowners' pockets than the expert witnesses', and making the offer on the property acquisition better than what Mr. Hobbs refected in 2008. ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved Resolution 2013-017, declaring a reasonable necessity to acquire certain real property for the purposes of providing and reconstructing 66th Avenue, including side street, intersection, sidewalk and water retention pond `March 5, 2013 14 8K..1 1/41 PG 570 improvements; authorizing the County Attorney to acquire the attached properties by the institution of proceedings in eminent domain, and providing an effective date. 13.D. UNCONDITIONAL OFFER FOR PARCEL 108 ON 66THAVENUEOWNED BY THE ESTATE OF EARL HOBBS, JR., 6420 49TH STREET, VERO BEACH MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, to approve the unconditional offer to the Earl A. Hobbs, Jr. Estate, for Parcel 108, in the amount of $100,000, which includes $2,750 for the site improvements, and $1,000 for the Temporary Construction Easement. Discussion ensued among the Board and staff regarding the 2008 offer to Mr Hobbs, the recent appraisal, historical property acquisitions, and the fees involved if this were taken to court. Commissioner Solari felt $100,000 was too high, and suggested offering $90,000. The Chairman CALLED THE QUESTION, by a 4-1 vote (Commissioner Solari opposed), the Motion carried. 13.E. REQUEST FOR ADVICE/CLOSED ATTORNEY-CLIENT SESSION - MENSING V. INDL4NRIVER COUNTY, CIRCUIT COURT, INDL4NRIVER COUNTY CASE # 312010 CA 005009 AND MENSING V. INDIAN RIVER COUNTY, ET AL, CIRCUIT COURT, INDL4NRIVER COUNTY CASE # 312012 CA 000976 Attorney Polackwich reported that Frederick Mensing had filed two cases against the County and they are currently pending. He sought advice from the Board relating to settlement March 5, 2013 15 8K 143 PG 571 negotiations and strategy relating to litigation expenditures; and requested authorization to schedule a closed Attorney -Client Session for March 12, 2013 at 10:30 a.m. ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously authorized staff to schedule an Attorney -Client Session, pursuant to FS 286.011(8), to be held on March 12, 2013, at 10:30 a.m., in the Commissioners Conference Room, County Admimstration Complex — Building A, 1801 27th Street, Vero Beach, FL, as recommended in the memorandum of February 26, 2013. 13.F. OVERVIEW OF PACE PROGRAM Attorney Polackwich provided an overview of the Property Assessed Clean Energy (PACE) programs and documents as requested dunng the December 11, 2012 Board of County Commission meeting. He asked the Commissioners to determine if there is an interest in bringing the PACE program(s) into the County, and if so, to consider inviting representatives from the three Flonda PACE programs (Florida Pace Funding Agency [FPFA], Clean Energy Green Corridor, and Florida Green Energy Works) to make presentations before making a decision. Board members made brief comments. Attorney Polackwich suggested the Board wait and observe the actions of Fannie Mae and Freddie Mac before making a decision. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Solari, the Board unanimously decided to take no action at this time. March5,2013 16 IX 1i3PG572 13. G. VERO BEACH SPORTS VILLAGE - LEASE UPDATE Attorney Polackwich provided background on the Facility Lease Agreement for the Vero Beach Sports Village (F/K/A Dodgertown), between the County and Verotown, LLC, and revealed that according to the lease terms, the tenant was required to deliver a written notice of renewal no later than October 31, 2012, but never did; and on February 5, 2013, staff received a written notice stating that they would not exercise their option to renew the lease at the end of the 5 -year term. He said the current lease expires on April 30, 2014, but he wanted to bring this forward in a public meeting for discussion due to three renewal issues that recently emerged: capital expenses, casualty insurance premiums, and liquidation damages (should they leave early). Admimstrator Baird reviewed recent discussions and negotiations, summarized their specific requests, and asked for the Board's direction in moving forward Craig Callan, Vice President, Vero Beach Sports Village, provided a brief history, and explained why Peter O'Malley, former Los Angeles Dodgers owner, and the Verotown, LLC partners wanted to enter into a new agreement, not re -negotiate the existing 5 -year lease agreement. He said they are not exercising the option in the existing lease to renew disclosed that they have been working with staff for over six months to enter into a new long-term lease agreement after the existing lease expires; and reported that Mr. O'Malley is willing to re -invest the profits back into the facility. A lengthy discussion ensued regarding the existing lease, cost of maintaining the facility, room renovations, the capital reserve account, the liquidated damages clause, operation expenses, the Request for Proposal (RFP) process, and tounst tax dollars. March 5, 2013 17 Bt( 143 PG 573 Commissioner O'Bryan voiced concern over the concept of putting the profits back into the facility, committing additional dollars, and the negotiation of a new 5 -year agreement in lieu of signing the existing lease. He believed the room renovations should go out to bid, and the liquidated damages provision should remain. Attorney Polackwich explained what the liability of Verotown, LLC would be, if the lease is breached. Administrator Baird acknowledged that staff had reviewed their financials, wanted this brought forward for discussion so he would know what the Board wants to do, and emphasized that the liquidated damages provision is the deal breaker to the renewal. MOTION WAS MADE by Vice Chairman Davis, SECONDED by Commissioner Solari, to remove the liquidated damages provision in the next five-year term. Attorney Polackwich explained the language in the lease pertaining to the County's remedy of liquidated damages. The Chairman CALLED THE QUESTION, and by a 4-1 vote (Commissioner O'Bryan opposed), the Motion carried. Discussion ensued regarding the insurance on the facility and having the funds come from the General Fund. MOTION WAS MADE by Vice Chairman Davis, SECONDED by Commissioner Zorc, to have the County pay for property insurance on the Vero Beach Sports Village facility. March 5;2013 18 OK 143 PG 574 r Danny DeLisle advocated that he wanted the County's partnership with Peter O'Malley to be successful, and if not, suggested the County sell the facility. Scott Dipietro, Hampton Inn and Suites, wanted the Board to make the necessary improvements, keep the Vero Beach Sports Village growing, and support the partnership. Rich Povitch believed this would be a business opportunity that could bring people into the County throughout the year, not just during the season. J. Burklew, Burklew Real Estate, felt that instead of putting band-aids on the old buildings, a hotel should be considered. He suggested the Board consider a longer term plan for profitability. The Chairman CALLED THE QUESTION, and by a 2-3 vote (Commissioners Flescher, O'Bryan, and Solari opposed), the Motion FAILED. Attorney Polackwich noted that the existing lease calls for the County to match the tenant's contribution of $50,000 per year, after May 1, 2014. Discussion ensued relative to capital repairs and maintenance of the facility. MOTION WAS MADE by Vice Chairman Davis, SECONDED by Chairman Flescher, to place $250,000 into the capital improvements. A brief discussion ensued regarding capital improvement items. March 5, 2013 19 PK 443 PG 575 The Chairman CALLED THE QUESTION, and by a 2-3 vote (Commissioners O'Bryan, Solari, and Zorc opposed), the Motion FAILED. Commissioner O'Bryan suggested that if Verotown, LLC contributes $50,000, the County will increase their contribution to $150,000. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Chairman Flescher, that the County would contribute $150,000 to the Renewal and Replacement Fund, provided that Verotown, LLC contributes $50,000 annually. Danny DeLisle asked about the expenses involved in mamtaimng the facility. The Chairman CALLED THE QUESTION, and by a 4-1 vote (Commissioner Solan opposed) the Motion carried. A lengthy discussion/debate ensued regarding room renovations and the cost involved in doing so. The Board voiced hesitation in contributing to the renovations until it is certain that Verotown, LLC will stay another five years. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, to spend $600,000 to renovate the remaining rooms under acceptance of the conditions voted today, and providing that Verotown, LLC will return to the Board in 30 days acknowledging acceptance of the terms for a 5 -year lease. Board comments followed the motion. March 5, 2013 20 BIC 143 PC 576 r The Chairman CALLED THE QUESTION, by a 4-1 vote (Commissioner Solari opposed) the Motion carried. The Chairman called for a break at 1:54 p.m., and reconvened the meeting at 2:07 p.m., with all members present. 13.H. HIRING PROCESS - NEW COUNTY ATTORNEY Attorney Polackwich reviewed the hiring process schedule, proposed advertisements, and the proposed website posting (in the Agenda Packet); and thereafter asked the Board to make a decision on a salary range for the new position. ON MOTION by Commissioner Solari, SECONDED by Vice Chairman Davis, the Board unanimously approved the salary range of $125,000 to $150,000. 13.1. ADDITION: EMERGENCY ITEM RESULTS OF WATER/SEWER SURVEY Attorney Polackwich reviewed his memorandum dated March 4, 2013, regarding the County's survey of owners located in the unincorporated County but receiving water/sewer service from the City of Vero Beach, and reported that 73.8% of those returning a survey form voted in favor of County service. MOTION WAS MADE by Commissioner Solari, SECONDED by Vice Chairman Davis, to direct Attorney Polackwich to formulate a letter specifying the details of the survey and sending it to our Legislative Delegation. IX 143 PG 577 March 5, 2013 21 Attorney Polackwich pointed out that the specifics in the Agenda Packet were the verbal results that were reported to him, and the signed certification was received this morning. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 14. COMMISSIONER ITEMS 14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN NONE 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 14.B.1. FOXWOOD - 691 AND 26m IN CENTRAL COUNTY Vice Chairman Davis discussed the policy regarding the Amnesty Program for the Utilities Department, which waived certain penalties and interest fees on properties that have been taken by new ownership. He asked the Board to consider allowmg/implementmg the program for forgiveness of penalties and delinquent utility bills and the ability to execute abatement. Discussion ensued between the Board and staff regarding the standard amnesty period, the consideration of making the timeframe longer so major corporations have more time to react, and notifying the top 14 corporations of the change. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, to direct staff to draft another Ordinance with a similar amnesty window but extending the time period to four months, beginning one month after the passing of the Ordinance. MC I43P6578 March 5, 2013 22 J. Burklew, Burklew Real Estate, explained his dilemma regarding the execution of an abatement, and wanted to see a long-term policy. Director of Utility Services Vincent Burke voiced concern that if some of the penalties are written off, staff would have no mechanism to keep the accounts current, and the penalties might start to accrue again. Commissioner Solari believed this would be a self-correcting mechanism. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 14.B.2. CONSTITUTIONAL AMENDMENT #11- HOMESTEAD EXEMPTION FOR ELDERLY Vice Chairman Davis requested fellow Commissioners to consider directing Attorney Polackwich to implement Constitutional Amendment No. 11, Homestead Exemption for Elderly, for seniors with exemptions of at least 25 years, where the value is less than $250,000 for both Countywide and for the Municipal Service Taxing Unit (MSTU). MOTION WAS MADE by Vice Chairman Davis, SECONDED by Chairman Flescher, to direct the County Attorney to return to the Board with a plan to implement Constitutional Amendment No. 11 — Homestead Exemption for Elderly. Commissioners O'Bryan and Solari did not support the exemption, they did not want to favor one group over another. March 5, 2013 23 BK 143 PG 579 Management and Budget Director Jason Brown clarified that this exemption applies to seniors with an income of $27,000 or $28,000, who have been living in their homes for 25+ years, The Chairman CALLED THE QUESTION, and by a 3-2 vote (Commissioners Solari and O'Bryan opposed), the Motion carried. 14. C. COMMISSIONER PETER D. O'BRYAN- NONE 14.D. COMMISSIONER BOB SOLARI 14.11.1. TABLED: PRESENTATION ByHELENE CASELTINE, CENTRE FOR THE EVOLUTION OF CULTURAL DIVERSITY (CECD), DIRECTOR OF ECONOMIC DEVELOPMENT, INDL4NRIVER COUNTY CHAMBER OF COMMERCE, ENTERPRISE ZONE LEGISLATION SUMMARIES This item tabled to the Board of County Commission meeting of March 12, 2013. 14.11.2. SHOUT OUT IN SUPPORT OF ELECTRIC REFERENDUM Commissioner Solari encouraged voters to go to the polls on March 12, 2013, and if they feel strongly about the sale of the electric utility to Florida Power and Light to vote "yes." 14.E. COMMISSIONER TIMZORC 14.E.1. 2013 NATIONAL CONFERENCE ON BEACH PRESERVATION TECHNOLOGY March 5, 2013 24 Bk 143 PG 58 Commissioner Zorc provided the Board with an update from the 2013 National Conference on Beach Preservation Technology, held in Jacksonville, from February 13 through 15, 2013. 14.E.2. GO -LINE BUS HUB Commissioner Zorc conveyed that he would go to the next City Council meeting and ask that someone from the Council assist in proposing a suitable site and hub configuration for the Go -Line Bus. Discussion ensued regarding the search for an alternative site, the zoning, and accommodating citizens. 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES 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 March 5, 2013 25 .148 PG 881 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 2:43 p.m. ATTEST: Clerk of Circuit Court and Comptroller Minutes Approved: APR 0 9 2013 BCC/LA/2013Minutes oseph E Flescher, Chairman BK 143 PG 582 March 5, 2013 26