HomeMy WebLinkAbout05/07/2013COUNTY 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, MAY 7, 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
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
Reverend Jack Diehl, Senior Pastor, Our Savior
Lutheran Church
Commissioner Wesley S. Davis, Vice Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating May 5 — 11, 2013, as Public
Service Recogmtion Week in Indian River County
B. Presentation of Proclamation Designating the Month of May as Foster Parent
Appreciation Month
May 7, 2013
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2
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5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation of Proclamation Recognizing May 5 — 11, 2013, as National
Correctional Officers and Employees Week 3
6.
D. Certificate of Recognition to TruMobility for Outstanding Achievement as
Inaugural Champion of the Research Coast Pnncipium Foundation Business
Plan Competition
4
E. Certificate of Recognition to Azzily for Outstanding Achievement as the
Second Place Winner of the Research Coast Pnncipium Foundation Busmess
Plan Competition
5
F. Presentation by David King, President, INEOS NewPlanet Bioenergy, on
Vegetative Waste Disposal Site Opening
G. Presentation by Indian River County Chamber of Commerce Requesting
Support for Governor's Veto of HB4001/SB320 — Flonda Renewable Fuel
Standard Act
II. Presentation by Bob Ulevich, Administrator, Sebastian River Improvement
District on District Water Plans and Water Farming
APPROVAL OF MINUTES
A. Regular Meeting of April 2, 2013
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Distinguished Budget Presentation Award Fiscal Year 2012/2013
(memorandum dated April 30, 2013) 6-8
B. Resignation of Mr. George Hamner, Member at Large to the Planning &
Zoning Commission
(memorandum dated May 1, 2013)
8. CONSENT AGENDA
A. Approval of Warrants — April 12, 2013 to April 18, 2013
(memorandum dated April 18, 2013)
9-10
11-17
B. Approval of Warrants — April 19, 2013 to April 25, 2013
(memorandum dated April 25, 2013) 18-25
May 7, 2013
. 143aP6771
8. CONSENT AGENDA PAGE
C. Re -Appointment of Louise Hubbard to the Early Learmng Coalition of
Indian River County Board
(memorandum dated April 19, 2013) 26-27
D. Resolution Cancelling Taxes on Property Acquired by the Town of Orchid
for Use Exclusively for its Admmistrative Offices
(memorandum dated April 29, 2013)
E. Resolution Cancelling Taxes on Property Acquired by the City of Fellsmere
for the Benefit of the Municipal Water System
(memorandum dated April 29, 2013)
28-34
35-41
F. Rejection of Bids for IRC Bid No. 2013035 — Indian River County
Agricultural Pavilion Metal Roof Replacement
(memorandum dated April 25, 2013)
G. Work Order No. 1 Coastal Planning and Engmeering Inc., Sector 3 Beach
Restoration Project — Post Construction Physical Monitoring Services
(memorandum dated Apnl 25, 2013)
42-45
46-54
H. Quarterly Investment Report for Quarter Endmg 03/31/2013
(memorandum dated May 1, 2013) 55-67
I. Quarterly OPEB Trust Report for Quarter Ending 03/31/2013
(memorandum dated May 1, 2015) 68-70
J. Approval of Work Order No. GKE-2 for Scrub Jay Friendly Landscape
Design Services for PC South Algal Nutnent Removal Facility
(memorandum dated April 29, 2013)
71-78
K. Work Order No. 1 Morgan & Eklund, Inc., 2013 Beach Profile Monitoring
Surveys
(memorandum dated April 29, 2013)
L. Ryall Groves, Inc.'s Request for Release of a Non-exclusive Ingress/Egress
Easement at 8744 and 8750 U.S Highway 1 (administrative)
(memorandum dated April 26, 2013)
79-85
86-94
M. Consideration of the Indian River County Metropolitan Planning
Organization (MPO) 2013 MPO Apportionment Plan
(memorandum dated April 26, 2013)
95-108
N. Consideration of Revised Federal Functional Classification Maps
(memorandum dated April 26, 2013) 109-114
May 7, 2013
BK 143 PG 772
Page 3 of 8
8. CONSENT AGENDA PAGE
O. Approval of Amendment to Consent Order OGC File No. 08-1661 B with
the Flonda Department of Environmental Protection and Indian River
County for the South Reverse Osmosis Water Treatment Plant
(memorandum dated April 19, 2013) 115-164
P. Award of Bid No. 2013034, Oslo Road (East of 15th Avenue S.W.) Culvert
Replacement of Failed (collapsed) HDPE/plastic pipe, IRC Project No. 1306
(memorandum dated April 23, 2013)
165-174
Q. Miscellaneous Budget Amendment 015
(memorandum dated May 1, 2013) 175-179
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Final Consideration of Natural Gas Franchise Ordinance
(memorandum dated April 30, 2013)
Legislative
180-185
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from Ardra and Bill Rigby Regarding Equality
and Better Economic Opportunities
186
2. Request to Speak from Fred Mensing Regarding Settlement of
Promised Lawsuit 187-188
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
May 7, 2013
PK 143 PG 7?3
Page4of 8
12. DEPARTMENTAL MATTERS PAGE
A. Community Development
1. Consideration of Next Level Security Systems, Inc.'s Request for a
Local Jobs Grant
(memorandum dated April 29, 2013)
2. Consideration of License Agreement with the City of Vero Beach
for a Temporary Transit Hub Located at the Vero Beach Municipal
Airport
(memorandum dated April 26, 2013)
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
E. Human Services
None
F. Leisure Services
None
G.
H.
Office of Management and Budget
None
Recreation
None
Public Works
None
May 7, 2013
189-221
222-234
BK 143 PG 7714
Page 5 of 8
12. DEPARTMENTAL MATTERS
J. Utilities Services
1. Approval of Amendment No. 1 to Work Order No. 1 for the Storm
Grove Road Stormwater Reclamation Project for Additional Reuse
Water Supply
(memorandum dated April 17, 2013)
2. Approval of Bid Award for IRC Bid No. 2013028 Utilities RO
Plants Lime Slurry Infection
(memorandum dated April 29, 2013)
PAGE
235-245
246-266
3. Rescind Scheduled Rate Increase, and Maintain Existing Reclaimed
Water Rate
(memorandum dated April 29, 2013)
13. COUNTY ATTORNEY MATTERS
A. Escheated Homestead Property Located at 3080 10th Court
(memorandum dated May 1, 2013)
267-270
271-276
B. Initial Review of Proposed Ordinance Allowing Additional Homestead
Exemption for Qualifying Semor Citizens (Pursuant to Amendment 11)
Permission to Advertise for Public Hearing
(memorandum dated April 30, 2013)
277-294
C. Initial Review of Proposed Ordinance Reorganizing Chapter 213 of the IRC
Code and Repealing and Replacing Ordinance 2001-021 — Relating to
Property Tax Exemptions/Reductions, Permission to Advertise for Public
Hearing
(memorandum dated April 30, 2013)
D. Interlocal Agreement Relating to Multi -County Citrus Agent
(memorandum dated April 26, 2013)
F. Selection of New County Attorney
(memorandum dated April 26, 2013)
295-301
302-308
309-311
14. COMMISSIONERS ITEMS
A. Commissioner Joseph E. Flescher, Chairman
None
B.
May 7, 2013
Commissioner Wesley S. Davis, Vice Chairman
None
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Page 6 of 8
14. COMMISSIONERS ITEMS PAGE
C. Commissioner Peter D. O'Bryan
1. Consideration of a Resolution Regarding the Indian River Lagoon
(memorandum dated April 23, 2013) 312-319
Update on the Medicaid Issue
(memorandum dated April 30, 2013) 320
D. Commissioner Bob Solari
1. Lawn Litter Ordinance
(memorandum dated May 1, 2013) 321
E. Commissioner Tim Zorc
1. All Aboard Florida
(memorandum dated April 25, 2013)
322-323
2. Economic Development Council Member Composition and the
Sunshine Law
(memorandum dated April 26, 2013)
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
324
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.
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BIC 143 PG 776
May 7, 2013 Page.7 of 8
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, 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.
May 7, 2013
BIC143 PG 777
Page 8 of 8
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
MAY7, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
DELETE: ITEM 5.F. PRESENTATION BY DAVID KING, PRESIDENT, INEOS NEWPLANET
BIOENERGY, ON VEGETATIVE WASTE DISPOSAL SITE OPENING 2
DELETE: ITEM 8.N. CONSIDERATION OF REVISED FEDERAL FUNCTIONAL
CLASSIFICATION MAPS 2
DELETE: ITEM 10.B.1 REQUEST TO SPEAK FROM ARDRA AND BILL RIGBY REGARDING
EQUALITY AND BETTER ECONOMIC OPPORTUNITIES 2
ADD: ITEM 10.C. REQUEST FROM COMMISSIONER O'BRYAN TO ANNOUNCE
UPCOMING GIRLS STATE SOFTBALL FINALS 2
MOVE: ITEM 12.A. CONSIDERATION OF NEXT LEVEL SECURITY SYSTEMS, INC.'S
REQUEST FOR A LOCAL JOBS GRANT TO FOLLOW THE CONSENT AGENDA 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 5 — 11, 2013, AS PUBLIC
SERVICE RECOGNITION WEEK IN INDIAN RIVER COUNTY 2
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May 7, 2013 1
143 PG 778
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY AS
FOSTER PARENT APPRECIATION MONTH 3
5.C. PRESENTATION OF PROCLAMATION RECOGNIZING MAY 5 — 11, 2013, AS
NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEES WEEK 3
5.D. CERTIFICATE OF RECOGNITION TO TRUMOBILITY FOR OUTSTANDING
ACHIEVEMENT AS INAUGURAL CHAMPION OF THE RESEARCH COAST
PRINCIPIUM FOUNDATION BUSINESS PLAN COMPETITION 3
5 E CERTIFICATE OF RECOGNITION TO AZZLY FOR OUTSTANDING ACHIEVEMENT AS
THE SECOND PLACE WINNER OF THE RESEARCH COAST PRINCIPIUM
FOUNDATION BUSINESS PLAN COMPETITION 4
5.F. DELETED: PRESENTATION BY DAVID KING, PRESIDENT, INEOS NEW PLANET
BIOENERGY, ON VEGETATIVE WASTE DISPOSAL SITE OPENING 4
5.G. PRESENTATION BY INDIAN RIVER COUNTY CHAMBER OF COMMERCE
REQUESTING SUPPORT FOR GOVERNOR S VETO OF HB4001/SB320 — FLORIDA
RENEWABLE FUEL STANDARD ACT 4
5.H. PRESENTATION BY BOB ULEVICH, ADMINISTRATOR, SEBASTIAN RIVER
IMPROVEMENT DISTRICT ON DISTRICT WATER PLANS AND WATER FARMING 5
6. APPROVAL OF MINUTES 5
6.A. REGULAR MEETING OF APRIL 2, 2013 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 6
7.A. DISTINGUISHED BUDGET PRESENTATION AWARD FISCAL YEAR 2012/2013 6
7.B. RESIGNATION OF MR. GEORGE HAMNER, MEMBER AT LARGE TO THE PLANNING
& ZONING COMMISSION 6
8. CONSENT AGENDA 7
8.A. APPROVAL OF WARRANTS - APRIL 12, 2013 TO APRIL 18, 2013 7
8.B. APPROVAL OF WARRANTS - APRIL 19, 2013 TO APRIL 25, 2013 7
8.C. REAPPOINTMENT OF LOUISE HUBBARD TO THE EARLY LEARNING COALITION
OF INDIAN RIVER COUNTY BOARD 8
May 7, 2013 2
OK 1 4 3 P6 779
8.D. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED BY THE TOWN OF
ORCHID FOR USE EXCLUSIVELY FOR ITS ADMINISTRATIVE OFFICES 8
8 E RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED BY THE CITY OF
FELLSMERE FOR THE BENEFIT OF THE MUNICIPAL WATER SYSTEM 8
8.F. REJECTION OF BIDS FOR IRC BID No. 2013035 - INDIAN RIVER COUNTY
AGRICULTURAL PAVILION METAL ROOF REPLACEMENT 9
8.0. WORK ORDER No. 1 COASTAL PLANNING AND ENGINEERING, INC., SECTOR 3
BEACH RESTORATION PROJECT - POST CONSTRUCTION PHYSICAL MONITORING
SERVICES 9
8.11. QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING 03/31/2013 9
8.I. QUARTERLY OPEB TRUST REPORT FOR QUARTER ENDING 03/31/2013 10
8.J. APPROVAL OF WORK ORDER No. GKE-2 FOR SCRUB JAY FRIENDLY
LANDSCAPE DESIGN SERVICES FOR PC SOUTH ALGAL NUTRIENT REMOVAL
FACILITY 10
8.K. WORK ORDER No. 1 MORGAN & EKLUND, INC., 2013 BEACH PROFILE
MONITORING SURVEYS 11
8 L RYALL GROVES, INC.'S REQUEST FOR RELEASE OF A NON-EXCLUSIVE
INGRESS/EGRESS EASEMENT AT 8744 AND 8750 U.S. HIGHWAY 1
(ADMINISTRATIVE) 11
8.M. CONSIDERATION OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING
ORGANIZATION (MPO) 2013 MPO APPORTIONMENT PLAN 12
8.N. DELETED: CONSIDERATION OF REVISED FEDERAL FUNCTIONAL
CLASSIFICATION MAPS 12
8.0. APPROVAL OF AMENDMENT TO CONSENT ORDER OGC FILE No. 08-1661 B
WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
INDIAN RIVER COUNTY FOR THE SOUTH REVERSE OSMOSIS WATER
TREATMENT PLANT 12
8.P. AWARD OF BID No. 2013034, OSLO ROAD (EAST OF 15TH AVENUE S.W.)
CULVERT REPLACEMENT OF FAILED (COLLAPSED) HDPE/PLASTIC PIPE, IRC
PROJECT NO. 1306 13
8.Q. MISCELLANEOUS BUDGET AMENDMENT 015 13
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 13
May 7,2013 3
IIK .43 PG 78.0.
10. PUBLIC ITEMS 14
10.A. PUBLIC HEARINGS 14
10.A.1. FINAL CONSIDERATION OF NATURAL GAS FRANCHISE ORDINANCE
(LEGISLATIVE) 14
10.B. PUBLIC DISCUSSION ITEMS 16
10.B.1. DELETED: REQUEST TO SPEAK FROM ARDRA AND BILL RIGBY REGARDING
EQUALITY AND BETTER ECONOMIC OPPORTUNITIES 16
10.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING SETTLEMENT OF
PROMISED LAWSUIT 16
10.C. PUBLIC NOTICE ITEMS 17•
10.0.1. ADDITION. REQUEST FROM COMMISSIONER O'BRYAN TO MAKE AN
ANNOUNCEMENT REGARDING GIRLS STATE SOFTBALL FINALS 17
11. COUNTY ADMINISTRATOR MATTERS - NONE 17
12. DEPARTMENTAL MATTERS 17
12.A. COMMUNITY DEVELOPMENT 17
12.A.1. CONSIDERATION OF NEXT LEVEL SECURITY SYSTEMS, INC.'S REQUEST FOR A
LOCAL JOBS GRANT 17
12.A.2. CONSIDERATION OF LICENSE AGREEMENT WITH THE CITY OF VERO BEACH FOR
A TEMPORARY TRANSIT HUB LOCATED AT THE VERO BEACH MUNICIPAL
AIRPORT 19
12.B. EMERGENCY SERVICES - NONE 20
12.C. GENERAL SERVICES - NONE 20
12.D. HUMAN RESOURCES - NONE 20
12.E. HUMAN SERVICES - NONE 20
12.F. LEISURE SERVICES - NONE 20
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 20
12.H. RECREATION - NONE 20
12.I. PUBLIC WORKS - NONE 20
12.J. UTILITIES SERVICES 20
12.J.1. APPROVAL OF AMENDMENT NO. 1 TO WORK ORDER NO. 1 FOR THE STORM
GROVE ROAD STORMWATER RECLAMATION PROJECT FOR ADDITIONAL REUSE
WATER SUPPLY 20
May 7, 2013 4
EK 143 PG 7 1
12.J.2. APPROVAL OF BID AWARD FOR IRC BID NO. 2013028 UTILITIES RO PLANTS
LIME SLURRY INJECTION 21
12.J.3. RESCIND SCHEDULED RATE INCREASE, AND MAINTAIN EXISTING RECLAIMED
WATER RATE 23
13. COUNTY ATTORNEY MATTERS 24
13.A. ESCHEATED HOMESTEAD PROPERTY LOCATED AT 3080 10TH COURT 24
13.B. INITIAL REVIEW OF PROPOSED ORDINANCE ALLOWING ADDITIONAL
HOMESTEAD EXEMPTION FOR QUALIFYING SENIOR CITIZENS (PURSUANT TO
AMENDMENT 1 1) PERMISSION TO ADVERTISE FOR PUBLIC HEARING 25
13.C. INITIAL REVIEW OF PROPOSED ORDINANCE REORGANIZING CHAPTER 213 OF
THE IRC CODE AND REPEALING AND REPLACING ORDINANCE 2001-021 -
RELATING TO PROPERTY TAX EXEMPTIONS/REDUCTIONS, PERMISSION TO
ADVERTISE FOR PUBLIC HEARING 26
13.D. INTERLOCAL AGREEMENT RELATING TO MULTI -COUNTY CITRUS AGENT 26
13 E SELECTION OF NEW COUNTY ATTORNEY 27
14.
14
14
14
14
14
14
14
14
14
14
COMMISSIONER ITEMS
. A.
. B.
28
COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN - NONE 28
COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 28
28
CONSIDERATION OF A RESOLUTION REGARDING THE INDIAN RIVER LAGOON 28
UPDATE ON THE MEDICAID ISSUE 30
COMMISSIONER BOB SOLARI 30
LAWN LITTER ORDINANCE 30
COMMISSIONER TIM ZORC 31
ALL ABOARD FLORIDA 31
ECONOMIC DEVELOPMENT COUNCIL MEMBER COMPOSITION AND THE
SUNSHINE LAW 33
. C. COMMISSIONER PETER D. O'BRYAN
. C.1.
. C.2.
. D.
. D.1.
E
E 1
E 2
15. SPECIAL DISTRICTS AND BOARDS 34
15.A. EMERGENCY SERVICES DISTRICT -NONE 34
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 34
May 7, 2013
5
BIC 143 PG 782
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 34
16. ADJOURNMENT 34
May 7, 2013
6
BK 143 PG 783
JEFFREY R. SMITH
Clerk to the Board
May 7, 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, May 7, 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
Reverend Jack Diehl, Semor Pastor, Our Savior Lutheran Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Davis led the Pledge of Allegiance to the Flag.
r'
May 7, 2013
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4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Flescher requested the following changes to the Agenda
Delete: Item 5.F. Presentation by David King, President, INEOS NewPlanet Bioenergv.
on Vegetative Waste Disposal Site Opening
Delete: Item 8.N. Consideration of Revised Federal Functional Classification Maps
Delete: Item 10.B.1. Request to Speak from Ardra and Bill Rigby Regarding Equality
and Better Economic Opportunities
Add: Item 10.C. Request from Commissioner O'Brvan to Announce Upcoming
Girls State Softball Finals
Move: Item 12.A. Consideration of Next Level Security Systems, Inc.'s Request for a
Local Jobs Grant to follow the Consent Agenda
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 5 -11, 2013, AS
PUBLIC SERVICE RECOGNITION WEEK IN INDIAN RIVER COUNTY
Vice Chairman Davis read and presented the Proclamation to a representative group of
employees, in acknowledgement of their dedicated public service.
May 7, 2013
2
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S.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY
AS FOSTER PARENT APPRECL4TION MONTH
Commissioner Solari read and presented the Proclamation to Janet Stewart, Foster Care
Recruiter, Hibiscus Children's Center; Robert McPartlan, City of Sebastian Mayor; and Jill
Poole, Caregiver Support Coordinator for United For Families.
S.C. PRESENTATION OF PROCLAMATION RECOGNIZING MAY 5 -11, 2013, AS
NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEES WEEK
Chairman Flescher read and presented the Proclamation to Shenff Deryl Loar, Captain
Selby Stockland, Lieutenant Chris Helseth, Deputy Division Commander Mark Porter, and Chief
Deputy Bud Spencer.
S.D. CERTIFICATE OF RECOGNITION TO TRUMOBILITY FOR OUTSTANDING
ACHIEVEMENT AS INAUGURAL CHAMPION OF THE RESEARCH COAST
PRINCIPIUM FOUNDATION BUSINESS PLAN COMPETITION
(Clerk's Note: Items 5.D. and 5.E. were heard conjointly).
Commissioner Zorc provided background on the first Research Coast Principium
Foundation Business Plan Competition. He announced that the winners of the first annual
competition were local businesses, TruMobihty, Inc., and Azzly. A Certificate of Recognition
was individually presented to Steven Barnett, Founder and CEO, TruMobihty, Inc., and Coletta
Dorado, President and CEO, Azzly. John Moore, a founder of the Research Coast Pnncipium
Foundation, was also honored for his work in bringing this event to fruition.
May7,2013 ` 3
81( 143PG786
S.E. CERTIFICATE OF RECOGNITION TO AZZLY FOR OUTSTANDING
ACHIEVEMENT AS THE SECOND PLACE WINNER OF THE RESEARCH
COAST PRINCIPIUM FOUNDATIONBUSINESS PLAN COMPETITION
(Clerk's Note: This item was heard conjointly with Item 5.D).
S.F. DELETED: PRESENTATION BY DAVID KING, PRESIDENT, INEOS NEW
PLANET BIOENERGY, ON VEGETATIVE WASTE DISPOSAL SITE OPENING
S.G. PRESENTATION BY INDL4N RIVER COUNTY CHAMBER OF COMMERCE
REQUESTING SUPPORT FOR GOVERNOR'S VETO OF HB4001/SB320
FLORIDA RENEWABLE FUEL STANDARD ACT
Helene Caseltine, Economic Development Director, Chamber of Commerce, 1216 21St
Street, provided background and analysis on the negative impact of the proposed legislation:
House Bill 4001 (HB 4001) and Senate Bill 320 (SB 320) on the alternative fuels industry and to
the County. She explained that this legislation would repeal the Flonda Renewable Fuel
Standard Act (Chapter 526.201-207) that encourages alternative fuel usage. Ms. Caseltine
reported that the Chamber of Commerce sent a letter (copy on file) asking Governor Scott to veto
the bills, and requested that the Board also send correspondence to the Governor asking him not
to enact the bills.
Commissioners Davis and O'Bryan discussed the negative impacts of producing
alternative fuel with corn.
Attorney Polackwich stated that corn was not specifically listed as a renewable fuel
source in the Florida Renewable Fuel Standard Act.
May 7, 2013 4
143 PG 73
ON MOTION by Commissioner Zorc, SECONDED by
Chairman Flescher, the Board unanimously directed the
County Attorney to send a letter urging Governor Scott to
veto House Bill 4001 and Senate Bill 320.
It was noted that it was important to get the letter out expeditiously.
S.H. PRESENTATION BY BOB ULEVICH, ADMINISTRATOR, SEBASTIAN RIVER
IMPROVEMENT DISTRICT ON DISTRICT WATER PLANS AND WATER
FARMING
Bob Ulevich, Administrator of the Sebastian River Improvement District (SRID),
provided an overview and analysis of SRID's plans to create a central water park to be used as a
repository for water, and as a recreational area. He thereafter responded to Board comments and
questions related to water farming the County's water supply, land acquisition, the Indian River
Lagoon, and the Florida Section 319 Grants Program.
Commissioner Zorc invited Mr. Ulevich to attend the next Indian River Lagoon
Symposium.
6. APPROVAL OF MINUTES
G.A. REGULAR MEETING OF APRIL 2, 2013
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
tMay 7, 2013 5
ilk 143 PC 768
approved the minutes of the April 2, 2013 meeting, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.24. DISTINGUISHED BUDGET PRESENTATION AWARD FISCAL YEAR
2012/2013
Noted for the record was the Government Finance Officers Association (GFOA)
Distinguished Budget Presentation Award presented for Fiscal Year 2012-2013, to Indian River
County, and the Certificate of Recognition for Budget Presentation presented to the Office of
Management and Budget.
Chairman Flescher noted that this is the twenty-second consecutive year that the Office
of Management and Budget has received this award, and commended Management and Director
Jason Brown.
7.B. RESIGNATION OF MR. GEORGE HAMNER, MEMBER AT LARGE TO THE
PLANNING & ZONING COMMISSION
Noted for the record was the resignation of George Hamner, Member at Large to the
Planning & Zoning Commission (P&Z), effective immediately.
Several Board Members commended Mr. Hamner on his years of service and his work on
the P&Z. Chairman Flescher invited interested persons to apply for the member -at -large
vacancy on the Planning & Zoning Commission.
May 7, 2013' •'`" 6
OK 143 PG 783
The Chairman called a recess at 10:23 a.m., and reconvened the meeting at 10:38 a.m.,
with all members present.
8. CONSENT AGENDA
Commissioner O'Bryan requested to pull Item 8 J 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 - APRIL 12, 2013 TO APRIL 18, 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 April 12, 2013 to April 18,
2013, as requested in the memorandum of April 18, 2013.
8.B. APPROVAL OF WARRANTS - APRIL 19, 2013 TO APRIL 25, 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 April 19, 2013 to April 25,
2013, as requested in the memorandum of April 25, 2013.
May 7, 2'013'
7
BK 143 PG 790
8.C. REAPPOINTMENT OF LOUISE HUBBARD TO THE EARLY LEARNING
COALITION OF INDIAN RIVER COUNTY BOARD
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
the reappointment of Louise Hubbard to the Early
Learning Coalition for a two-year term beginning July 1,
2013 and running through June 30, 2015, as requested in
the memorandum of April 19, 2013.
8.D. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED BY THE TOWN
OF ORCHID FOR USE EXCLUSIVELY FOR ITS ADMINISTRATIVE OFFICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
Resolution 2013-030, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statues.
(Sue V. Roberts, Unit No. 1 of Proctor Plaza, a
condominium)
8.E. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED BY THE CITY
OF FELLSMERE FOR THE BENEFIT OF THE MUNICIPAL WATER SYSTEM
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unammously approved
Resolution 2013-031, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
May 7, 2013 8
II 143 PG 791
(Fernando R. Cantu, 1049 Vernon Street, Fellsmere,
Florida)
8.F. REJECTION OF BIDS FOR IRC BID No. 2013035 - INDIAN RIVER COUNTY
AGRICULTURAL PAVILION METAL ROOF REPLACEMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
staff's recommendation to reject the bid from the Roof
Authority, Inc., as recommended in the memorandum of
April 25, 2013.
8.G. WORK ORDER No. 1 COASTAL PLANNING AND ENGINEERING, INC.,
SECTOR 3 BEACH RESTORATION PROJECT - POST CONSTRUCTION
PHYSICAL MONITORING SERVICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 1
to the contract with Coastal Planning and Engineering,
Inc., as recommended in the memorandum of April 25,
2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. OUARTERLY INVESTMENT REPORT FOR QUARTER ENDING 03/31/2013
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously accepted
May ;7,201'3' 9
BK 143 P6 79
the Quarterly Investment Report for Quarter Ending
March 31, 2013, as recommended in the memorandum of
May 1, 2013.
8.L OUARTERLY OPEB TRUST REPORT FOR QUARTER ENDING 03/31/2013
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
the Quarterly Other Post -Employment Benefits (OPEB)
Trust Report for the Quarter Ending March 31, 2013, as
recommended in the memorandum of May 1, 2013.
8.J. APPROVAL OF WORK ORDER No. GKE-2 FOR SCRUB JAYFRIENDLY
LANDSCAPE DESIGN SERVICES FOR PC SOUTH ALGAL NUTRIENT
REMOVAL FACILITY
Commissioner O'Bryan voiced concerns regarding the US Fish and Wildlife Service's
(USFWS) requirement for the County to make all landscaping scrub jay friendly at the PC South
Plant. He was concerned that attracting the endangered birds could lead to future environmental
regulations that might impede plant operations.
A brief discussion ensued, during which Commissioners Davis and Zorc echoed
Commissioner O'Bryan's concerns. It was decided that the contractor should design the site to
meet the minimum requirements of a scrub jay friendly environment.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
Work Order No. GKE-2 with GK Environmental, Inc.,
with the caveat that the consultant will assist the County in
preparing scrub jay friendly landscaping for the PC South
May 7, 2013 10
X43 PG 793
May 7, 200
Algal Nutrient Removal Facility that will be in
compliance with the Umted States Fish and Wildlife
(USFWS) requirements, but not so attractive to the birds
that it will become a scrub jay habitat.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. WORK ORDER No. I MORGAN & EKL UND, INC., 2013 BEACH PROFILE
MONITORING SURVEYS
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
and authonzed the Chairman to execute Work Order No. 1
to the Professional Land Surveying and Mapping/GIS
Services contract with Morgan and Eklund, Inc., as
recommended m the memorandum of April 29, 2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.L. RYALL GROVES, INC. 'S REQUEST FOR RELEASE OF A NON-EXCLUSIVE
INGRESS/EGRESS EASEMENT AT 8744 AND 8750 U.S. HIGHWAY 1
(ADMINISTRATIVE)
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
Resolution 2013-032, releasing a non-exclusive easement
for ingress and egress recorded in 0 R Book 724, Page
2371, public records of Indian River County.
•
11
1 4 3 PG 7 9 4
8.M. CONSIDERATION OF THE INDIAN RIVER COUNTY METROPOLITAN
PLANNING ORGANIZATION (MPO) 2013 MPO APPORTIONMENT PLAN
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
Resolution 2013-033, accepting the 2013 Apportionment
Plan of the Indian River County Metropolitan Planning
Organization.
8.N. DELETED: CONSIDERATION OF REVISED FEDERAL FUNCTIONAL
CLASSIFICATION MAPS
8.0. APPROVAL OF AMENDMENT TO CONSENT ORDER OGC FILE No. 08-1661
B WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND INDIAN RIVER COUNTY FOR THE SOUTH REVERSE OSMOSIS WATER
TREATMENT PLANT
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
and authorized the Chairman to execute the amendment to
Consent Order OGC File No. 08-1661 B, as presented,
with the Florida Department of Environmental Protection
(FDEP), as recommended in the memorandum of April
19, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 7,2013 12
BK 143,. PG
8.P. AWARD OF BID No. 2013034, OSLO ROAD (EAST OF1SmAVENUE S.W..)
CULVERT REPLACEMENT OF FAILED (COLLAPSED) HDPE/PLASTIC PIPE,
IRC PROJECT No. 1306
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unammously: (1)
approved for the project to be awarded to Ag-Scape
Services, Inc., in the amount of $109,245.73; (2) approved
the sample agreement; and (3) authorized 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, as
recommended in the memorandum of April 23, 2013.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. MISCELLANEOUS BUDGET AMENDMENT 015
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
Resolution 2013-034, amending the fiscal year 2012-2013
budget.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
May 7, 2013°
13
BK 143 P6 796
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. FINAL CONSIDERATION OF NATURAL GAS FRANCHISE ORDINANCE
(LEGISLATIVE)
(Clerk's Note: This item was heard following Item 12.A.1. and is placed here for
continuity).
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Alan S. Polackwich, Sr. announced that this was the final public hearing
on the proposed Natural Gas Franchise ordinance, which was considered by the Board at the
County Commission meeting of Apnl 2, 2013. He said that the proposed law would mandate
any natural gas distributor in the County to enter into a franchise agreement with the County and
pay a 6% franchise fee, and that if the Ordinance is adopted, the County Attorney's office would
finalize a franchise agreement with the natural gas provider in the County, Florida City Gas
(FCG).
Vice Chairman Davis declared that having natural gas availability is a key economic
driver for the County, and suggested utilizing a portion of the 6% franchise fee to expand the
natural gas infrastructure.
Discussion followed on Vice Chairman Davis's suggestion, and on other possible ways to
fund expanded natural gas infrastructure and conversion costs for both the County and private
entities.
May 7, 2013
14 II 1 lea P6 797 :
Commissioner O'Bryan suggesting creating from a portion of the franchise fees, a
designated economic development fund for natural gas projects, whereby a company converting
to natural gas could receive a grant to help defray costs.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, expressed concerns about the use of methane gas
indoors.
Tim Knudson, Local Account Executive, FCG, 835 28th Avenue, clarified that the fuel is
straight natural gas, not methane. He also affirmed that his company has no objections to the
proposed franchise fee.
Commissioner O'Bryan advocated moving forward with the proposed Ordinance, and
suggested that: (1) staff return to the Board with options on natural gas expansion, and (2) Mr.
Knudson give a presentation at a future meeting.
There being no additional speakers, the Chairman closed the Public Hearing.
ON MOTION BY Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Ordinance 2013-004, adding Part III, Section 312.21 of
the Code of Indian River County, Requinng a franchise to
construct, operate, and maintain natural gas facilities over,
under or upon the public nghts-of-ways of Indian River
County, making findings and providing for severability,
codification and an effective date.
Discussion continued, with input from staff, on the prospective use of natural gas at
certain County facilities.
May'7, 2013
15 BK1143
Commissioner Zorc stated that he would bring back further information on this matter.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. DELETED: REQUEST TO SPEAK FROMARDRA AND BILL RIGBY
REGARDING EQUALITY AND BETTER ECONOMIC OPPORTUNITIES
10.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING SETTLEMENT OF
PROMISED LAWSUIT
Fred Mensing 7580 129 Street, addressed the Board with his request to obtain some
email correspondence that former County Attorney William Collins sent to Bank of America and
other parties about a refinance that Mr. Mensing was trying to get in 2008. He believed that if
his lawsuit against the County goes to trial, a copy of the aforementioned emails (which were lost
after Attorney Collins retired) would need to be accessible.
Deputy County Attorney William DeBraal explained the process by which the lost emails
could be reconstructed and asked Mr. Mensing to provide a list of the main parties with whom
Attorney Collins may have corresponded about the refinance.
Mr. Mensing told the Board that it would not be necessary to restore the emails if the
County agrees to the settlement conditions he formerly requested at the County Commission
meetings of April 2 and April 9, 2013.
Chairman Flescher advised Mr. Mensing to go ahead and prepare the list as requested by
Attorney DeBraal.
Attorney Polackwich requested that the Board authorize him on a stand-by basis to
advertise for another attorney-client session regarding the Mensing lawsuit.
May?;2013
16
43 FG 73
ON MOTION by Commissioner Solan, SECONDED by
Chairman Flescher, the Board unanimously authorized the
County Attorney's office to advertise for a shade meeting
at such time as the need arises, regarding the Mensing
lawsuit against the County et al.
10. C. PUBLIC NOTICE ITEMS
10. C.1. ADDITION: REQUEST FROM COMMISSIONER O'BRYAN TO MAKE AN
ANNOUNCEMENT REGARDING GIRLS STATE SOFTBALL FINALS
(Clerks Note: This item was heard following Item S.H. and is placed here for
continuity).
Commissioner O'Bryan announced that the Girls State Softball Championship games will
commence on May 8, 2013 at the Vero Beach Sports Village (f/k/a Dodgertown) and will
continue for one week. He reported that the finals will be televised on Bright House Sports
Network, and encouraged his fellow Commissioners and the public to come out and support the
event.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.24.1. CONSIDERATION OF NEXT LEVEL SECURITY SYSTEMS, INC.'S REQUEST
FOR A LOCAL JOBS GRANT
(Clerk's Note: This item was heard following the Consent Agenda, and is placed here for
continuity).
May 7, 2013'
17
BK J43 PG 8)0
Community Development Director Bob Keating provided background and analysis on the
request of Next Level Security Systems, Inc. (Next Level), for a Local Jobs Grant. He stated that
staff has performed its due diligence, and that the Economic Development Council ((EDC)
recommends approval of the jobs grant in an amount of up to $70,000.00. He disclosed that
Next Level is also applying for a grant through the State's Qualified Target Industry (QTI) Tax
Refund Program, and detailed the QTI rules, which require a local financial support commitment
from the County. He thereafter asked the Board to: (1) approve the local jobs grant agreement
with Next Level, and authorize the Chairman to execute it after all county approvals are given to
the agreement; and (2) approve the proposed Resolution supporting the QTI grant.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to approve staff's
recommendation.
Helene Caseltine, Economic Development Director, Chamber of Commerce, spoke in
support of the Local Jobs Grant and QTI applications. She noted that Next Level will be
relocating its corporate offices from California to the County.
Rob Tucker, Vice President of National Sales, Next Level Security Systems, Inc.,
thanked the Board for this opportunity, and affirmed that there is a much friendlier business
climate here than on the west coast. He then outlined some of the projects his firm is working on
in Florida and other east coast regions.
Discussion ensued as several Commissioners welcomed Next Level to the community.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved: (1) a
Local Jobs Grant of up to $70,000 for Next Level Security
Systems, Inc.; (2) Resolution 2013-035, recommending
that Next Level Security Systems, Inc. be approved as a
May 7, 2013 18
143 PG 8Gt,
Qualified Target Industry pursuant to S.288.106, Florida
Statutes; committing to provide a local match in the form
of cash for the Next Level Security Systems, Inc.
Qualified Target Industry Grant; and providing for an
effective date; and (3) authonzed the Chairman to execute
the Jobs Grant Agreement with Next Level Security
Systems, Inc., after approval of the agreement by
appropnate County staff and the County Attorney's office,
all as recommended in the memorandum of April 29,
2013..
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.A.2. CONSIDERATION OF LICENSE AGREEMENT WITH THE CITY OF VERO
BEACH FOR A TEMPORARY TRANSIT HUB LOCATED AT THE VERO BEACH
MUNICIPAL AIRPORT
Director Keating recalled the Board's approval on Apnl 16, 2013, of the temporary
location of the GoLine Transit Hub at the Vero Beach Municipal Airport on Pro Flite Drive,
contingent upon the successful negotiation of an agreement with the City of Vero Beach. He
stated that the proposed license agreement would allow the County to operate the bus line for a
24 -month period while the permanent transit hub is being developed on City property that the
County would lease west of the Florida East Coast Railroad right-of-way and south of 16th
Street. He thereafter presented staff's recommendation for the Board to approve the proposed
license agreement with the City of Vero Beach.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Temporary License Agreement for Use of
Vero Beach Municipal Airport Property, with the City of
May 7, 2013 19
SI 143 PG 802
Vero Beach as recommended in the memorandum of
April 26, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H.
12.1.
RECREATION NONE
PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES
12.11. APPROVAL OF AMENDMENT Na 1 TO WORK ORDER No. 1 FOR THE
STORM GROVE ROAD STORMWATER RECLAMATION PROJECT FOR
ADDITIONAL REUSE WATER SUPPLY
May 7, 2013
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
20
DK 143 PG 80
approved and authorized the Chairman to execute
Amendment No. 1 to Work Order No. 1 as presented, in
the amount of $5,617.50; (2) found that the project is
needed to accommodate new growth in the County; (3)
and found that new growth will proportionately benefit
from the project, as recommended in the memorandum of
April 17, 2013.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.2. APPROVAL OF BID AWARD FOR IRC BID No. 2013028 UTILITIES RO
PLANTS LIME SL URRYINJECTION
Director of Utility Services Vincent Burke recapped the memorandum of April 29, 2013
to provide background on this item, which pertains to the bid award for construction of a lime
slurry injection treatment system for the County's south and north reverse osmosis water
treatment plants. He advised that Summit Construction of Vero Beach, LLC, who had submitted
the lowest bid, had asked that the County withdraw their bid due to a substantial calculation
error. However, due to the Easter holiday and a misunderstanding about the County's holiday
schedule, Summit's withdrawal was not received wrtlun two business days of the bid opening as
required.
Administrator Baird noted that although staff has no problem going to the second lowest
bidder, they did not have the authority to authorize Summit's bid withdrawal under the
requirements set forth in the bid documents and County code.
Chairman Flescher acknowledged that there was confusion over the holiday closures, and
felt that it was clearly Summit's intention was to rectify the situation immediately.
•
May 7, 2013 21
143 PG 804
Jerry Davis, County Purchasing Manager, spoke in support of Summit's excellent
credentials and positive working relationship with the County. He also affirmed the good faith
efforts that Brad Schuh, President of Summit Construction, had made to notify the County about
the error and his need to withdraw the bid.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner O'Bryan, to approve
Summit's bid withdrawal and take no action against the
bid bond posted by Summit; and to award the bid to the
second most responsive and responsible bidder, R.J.
Sullivan Corporation, at a cost of $2,549,000.
Attorney Polackwich cautioned the Board to avoid setting a precedent. He recommended
that the Board base their action on the special findings relevant to this case.
MOTION WAS AMENDED by Vice Chairman . Davis,
SECONDED by Commissioner O'Bryan, to FIND that
special and unique circumstances exist with respect to a
calculation error in the bid and a good faith mistake that
was made in the computation of the business days of the
Easter holiday.
A brief discussion ensued regarding the sole source equipment that is used in this and
other water plant projects.
The Chairman CALLED THE QUESTION, and the
amended Motion carried unanimously. The Board* (1)
approved Summit's bid withdrawal and to take no action
against the bid bond posted by Summit; (2) FOUND that
special and unique circumstances exist with respect to a
•
May 7, 2013 22
143 PG 805
calculation error in the bid, and a good faith mistake that
was made in the computation of the business days of the
Easter holiday; and (3) awarded the bid to the second most
responsive and responsible bidder, R.J. Sullivan
Corporation at a cost of $2,549,000.
Director Burke requested that the Board also approve the sample agreement and authorize
staff to utilize the direct purchase of materials, if acceptable to the contractor.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to approve the
sample agreement, and authorize the Chairman to execute
said agreement after receipt and approval of the required
certificate of insurance and Public Construction Bond, and
after the County Attorney has approved the agreement as
to form and legal sufficiency; and to authorize the
utilization of direct purchase of materials, if acceptable to
the selected contractor.
The Purchasing Manager explained that using direct purchase would afford the County a
savings of approximately $100,000 in sales tax.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.3. RESCIND SCHEDULED RATE INCREASE, AND MAINTAIN EXISTING
RECLAIMED WATER RATE
May 7, 2013 23
K143PC806
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Attachment I Resolution 2013-036, amending the
Department of Utility Services' schedule of water and
sewer rates, fees and other charges, by establishing a
permanent reclaimed water rate.
The Chairman called a recess at 12:11 p.m., and reconvened the meeting at 12:34 p.m.,
with all members present.
13. COUNTY ATTORNEY MATTERS
13.A. ESCHEATED HOMESTEAD PROPERTY LOCATED AT 308010"' COURT
Attorney DeBraal provided background and analysis on this matter which was also
discussed at the April 2 and April 16, 2013 County Commission meetings. He recalled that the
property at 3080 10th Court had escheated to the County for nonpayment of taxes, and that it was
formerly co -owned by St. Lucie Consulting, Inc. (50%) and Douglas Welch (50%), who still
resides there. He thereafter presented to the Board the details of an agreement that Mr. Welch
has reached with Thomas Reno, relative to payment of the back taxes and Mr. Welch's residency
at the home, and asked whether the Board wished to approve the agreement.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher the Board unanimously authorized the
Chairman to execute the deeds from the County to the two
former owners, Douglas D. Welch and St Lucie
Consulting, Inc.; those deeds will be held in escrow until
the closmg, at which time there will be a conveyance from
the former owners to the financial backer, and a lease
purchase obligation from the financial backer to Mr.
May 7; 2013 24
Welch to allow him to return to his home on a permanent
basis.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. INITIAL REVIEW OF PROPOSED ORDINANCE ALLOWING ADDITIONAL
HOMESTEAD EXEMPTION FOR QUALIFYING SENIOR CITIZENS (PURSUANT
TO AMENDMENT 11) PERMISSION TO ADVERTISE FOR PUBLIC HEARING
Attorney Polackwich provided background on the proposed ordinance which would
provide for an additional homestead exemption for senior citizens with an income of $27,590
(amount adjusted annually), who have been living in their homes for 25+ years. He noted that
this imtiative was approved as a constitutional amendment (Amendment 11) in November 2012,
and that if approved by the Board, it would become the second exemption allowed in the County
for qualified seniors. He relayed that admimstrative staff recommends the Board set the
exemption at $25,000, and advised that the imtiative would not have a large financial impact on
the County. Attorney Polackwich thereafter requested that the Commissioners decide whether
or not to approve this matter and move forward with a public hearing and final adoption, and
what the amount of the exemption will be if approved.
Commissioner O'Bryan was opposed to the initiative because the County already has one
exemption for senior citizens and he did not want to create yet another special entitlement group.
Commissioners Davis and Zorc voiced support for the proposed ordinance because it was
the will of the people, as evidenced by the passage of Amendment 11.
Commissioner Solari preferred to hold the line on taxes, and not grant another special
exemption.
"May 7, 2013 NI 25
R 4 3 PG 808
Chairman Flescher declared that the proposed ordinance is fair compensation for the
many years of educational taxes those seniors have paid, and continue to pay.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, by a 3-2 vote (Commissioners
O'Bryan and Solari opposed) the Board authorized the
County Attorney's Office to advertise for a public hearing
to consider adoption of the final proposed ordinance,
allowing an additional property tax homestead exemption
of $25,000 for qualifying senior citizens.
13. C. INITIAL REVIEW OF PROPOSED ORDINANCE REORGANIZING CHAPTER
213 OF THE IRC CODE AND REPEALING AND REPLACING ORDINANCE
2001-021- RELATING TO PROPERTY TAX EXEMPTIONS/REDUCTIONS,
PERMISSION TO ADVERTISE FOR PUBLIC HEARING
Attorney Polackwich explained his request to table this matter until the Board makes a
decision on whether or not to adopt the proposed ordinance (discussed under Agenda Item 13.B).
at the upcoming public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
TABLED this item to a future date as determined by the
County Attorney's Office.
13.D. INTERLOCAL AGREEMENT RELATING TO MULTI -COUNTY CITRUS AGENT
Attorney Polackwich provided background and analysis on the request of the Umversity
of Florida/Institute for Food and Agricultural Services (IFAS) and St Lucie County, for the
May 7,. 2013 26
OK :I 43 PG 809
County to begin contributing to the salary and benefits of the multi -county citrus agent who
provides services to the citrus industry in the counties. He reviewed the key details of the
proposed Interlocal Agreement and asked the Board to approve same, with the termination date
changed from September 30, 2013 to September 30, 2014, in accordance with the request of St.
Lucie County. He added that Martin County is no longer part of the agreement.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
approved, with the amendment to set the termination date
at September 30, 2014, the Interlocal Agreement Between
Indian River County and St Lucie County relating to the
Multi -County Citrus Agent, and authorized the Chairman
to execute the Agreement as recommended in the
memorandum of April 26, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.E. SELECTION OF NEW COUNTY ATTORNEY
Chairman Flescher invited the Board to disclose their recommendations for the County
Attorney position that must be filled prior to Attorney Polackwich's impending departure. He
noted that the interviews would commence without delay, and that the Board will be able to
make a final selection in the near future.
Each Board Member provided his recommendations (in no particular ranking) for
candidates for the County Attorney position, as follows:
Commissioner Solari:
William DeBraal, Harlene Kennedy, Dylan Remgold
May 7, 2013 27
OK 43 PG 810
Commissioner Zorc:
James P. Wilson, Philip Sherwin, William DeBraal
Vice Chairman Davis:
James P. Wilson, William DeBraal, Dylan Reingold
Commissioner O'Bryan:
William DeBraal, Dylan Reingold, Philip Sherwin, James P. Wilson
Chairman Flescher:
William DeBraal, James P. Wilson, Harlene Kennedy, David Acton
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously selected the
following six applicants to be interviewed for the position
of County Attorney: David Acton, William DeBraal,
Harlene Kennedy, Dylan Reingold, Philip Sherwin, and
James P. Wilson.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE
14. C. COMMISSIONER PETER D. O'BRYAN
14. C.I. CONSIDERATION OF A RESOLUTION REGARDING THE INDIAN RIVER
May:7, 2011
LAGOON
I . s:
28
1311 143 PG 811
Commissioner O'Bryan provided background on the proposed Resolution supporting the
Indian River Lagoon Coalition, and declared the necessity to take action to restore the health of
the Lagoon. He also revealed that five municipalities and approximately 95 individuals and
organizations have signed the "A Call to Action" pledge, which does not commit the Board to a
specific course of action, but affirms the County's commitment and willingness to assume a
leadership role in revitalizing the Lagoon. He asked the Board to adopt the proposed Resolution
and authorize the Chairman to execute the Indian River Lagoon Coalition's "A Call to Action"
Agreement.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to: (1) approve
Resolution 2013-037, recognizing the need for action to
address the health of the Indian River Lagoon Ecosystem,
supporting the Indian River Lagoon Coalition, and
pledging the cooperation of the Board of County
Commissioners in efforts to find solutions for restonng the
health of the Indian River Lagoon; providing for an
effective date; and (2) authorize the Chairman to execute
the Indian River Lagoon Coalition's "A Call to Action"
Agreement.
Commissioner Solari stated that he would support the Resolution, but stressed that the
Board has already assumed a leadership role and demonstrated an ongoing commitment to
restonng the Lagoon.
Commissioner Zorc noted that he would soon be reporting on a working group that will
be exploring restoration strategies for the Lagoon.
Commissioner O'Bryan started to amend his motion to direct the County Attorney's
Office to review and sanction the draft Resolution. However, Attorney Polackwich affirmed
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that he had already reviewed the Resolution and found it acceptable; Commissioner O'Bryan
announced his original Motion would stand.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. C.2. UPDATE ON THE MEDICAID ISSUE
Commissioner O'Bryan provided details and analysis regarding Senate Bill 1884 (SB
1884) which creates a new State system for the calculation of the County's share of Medicaid
costs. He elaborated on the new bilking system, which will change the County's contribution
from a cost -based to an enrollment -based share, over a seven-year period. He commended
Senator Denise Gnmsley for her work in getting the original bill amended somewhat, softening
its financial impact, but advised that the County's Medicaid costs will still be rising as a result of
this legislation.
14.D. COMMISSIONER BOB SOLARI
14.D.1. LAWN LITTER ORDINANCE
Commissioner Solari stated that the practice of blowing lawn clippings onto the street,
where they end up in a storm drain or canal, results in high nutrient inputs to the Indian River
Lagoon. He said that he was concerned because of the economic incentive that commercial
lawn crews have to quickly dispatch a job and move on. He also noted that he has seen County
workers blow lawn litter onto the road. He related that Florida State Statute 403.413, the Florida
Litter Law, does not specifically mention lawn fitter, and wondered if the Board would consider
adopting an ordinance clarifying that yard waste is not to be blown onto the public roadways.
Chairman Flescher questioned the enforceability of the proposed ordinance.
May 7, 2013
30 BK 143 PG 813
Commissioner Davis suggested that the Board begin addressing this issue by having the
County Administrator train staff not to blow lawn debns onto the road, storm drains, or canals.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to direct the County
Administrator to: (1) train staff to use alternatives, such as
mulching or bagging, instead of blowing lawn litter onto
the roadways/waterways; and (2) to ask the Flonda
Department of Transportation to instruct their road crews
to follow said practice.
Conversation arose about possible ways to enforce the "no -blow" rule.
Commissioner O'Bryan suggested that commercial lawn crews be banned from using the
blowing equipment in the first place.
Discussion ensued regarding: (1) developing a Best Management Practices (BMP) for
handling the yard waste; and (2) the probable need for the Public Works Director to purchase
additional equipment to mulch or bag the lawn debris. The Board CONSENSUS was to give the
County Administrator leeway to purchase additional equipment.
The Chairman CALLED THE QUESTION, and the
Motion camed unanimously.
14.E. COMMISSIONER TIMZORC
14.E.1. ALL ABOARD FLORIDA
Commissioner Zorc provided background on Flonda East Coast Industries' (FECI)
proposed intercity passenger rail service, All Aboard Florida, which will go from Miami to
May 7, 2013 31
11( 14 3 PG 8114
Orlando, with stations in selected cities, including West Palm Beach. He noted that the project is
privately funded, with potential government involvement in the acquisition of right-of-way on
SR 528, the Beeline Expressway. He requested that the Board send letters supporting the
railway initiative and the proposed use of public rights-of-way needed to complete the project, to
State Representatives John Mica, and Daniel Webster; U.S. Congressman Bill Posey; Phil Brown
of the Greater Orlando Aviation Authority; Orange County Commissioner Jennifer Thompson,
and other relevant persons. He also wished to advise the appropnate parties that a station in
Vero Beach would be desirable.
Vice Chairman Davis wanted to see the permanent GoLine Transit Hub designed with
the anticipation that there might be a train stop there in the future.
A brief discussion ensued regarding how fast the trains would travel through our area. It
was decided that Commissioner Zorc would contact Jose Gonzalez of All Aboard Florida with
regards to obtaining this information.
MOTION WAS MADE by Commissioner Zorc,
SECONDED by Commissioner Solan, to: (1) direct staff
to send to certain legislators, transit officials, and other
relevant persons, Letters of Support for the proposed All
Aboard Florida passenger railway initiative and the
proposed use of public nghts-of-way needed to complete
the project, requesting that the Vero Beach/Sebastian area
be considered as a possible location for a future phase or
tier of the project; and (2) authorized the Chairman to
execute the letters.
Commissioner Solari remarked that the letter should be inviting and undemanding, with
the County expressing that it would be pleased to have a station here.
May 7201Y
32
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5
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
14.E.2 . ECONOMIC DEVELOPMENT COUNCIL MEMBER COMPOSITION AND THE
SUNSHINE LAW
Commissioner Zorc, Commissioner Liaison to the Economic Development Council
(EDC), stated that he had submitted a list of proposed economic development initiatives to the
EDC, but to date, there has been insufficient time to consider them. He was concerned that
acting as Commissioner Liaison to the EDC was limiting his ability to accomplish his goals. He
also wanted to make sure that no EDC members were violating the Sunshine Law by discussing
matters brought up at the EDC meetings when they return to their respective agencies.
A lengthy discussion followed, with input from Attorney Polackwich, on the function and
composition of the EDC.
Beth Mitchell, Chair, Economic Development Council, affirmed the EDC's willingness
to work with Commissioner Zorc, but explained that time constraints make it challenging to
explore all of the agenda items.
Discussion followed as individual Board Members remarked on several approaches that a
Commissioner can take to move forward on important issues. It was noted that Commissioner
Zorc's proposed Land Development Regulation amendments would have to come through
Community Development, not the EDC.
Penny Chandler, Indian River County Chamber of Commerce, affirmed that the
Chamber of Commerce and the EDC are in no way violating the Sunshine Law.
May 7, 20t3'
33
1K P4 3 PG 8'1.
A brief discussion arose, with input from the Chamber of Commerce's Economic
Development Director, Helene Caseltine, regarding the site selector event she had attended in
Atlanta, and about the necessity to budget for future site selector conferences.
Commissioner Zorc advised that he might put some of his proposed initiatives on a future
County Commission agenda.
Administrator Baird suggested that Commissioner Zorc place all of his items on the
agenda so the Board can make a determination on which proposals can be launched.
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
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 2:36 p.m.
May 7, 2013 34
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ATTEST:
of Circuit Court and Comptroller
Minutes Approved: JUN 0 4 2013
BCC/MG/2013Minutes
May 7, 2013 35
eph E Flescher, Chairman
OK 143 PG 818