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HomeMy WebLinkAbout07/09/2013COUNTY 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, JULY 9, 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 Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk to the Board Commissioner Wesley S. Davis, Vice Chairman Commissioner Joseph E Flescher, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating July 2013 as Marine Debris Removal Month in Indian River County B. Presentation of Proclamation Designating July 21 Through July 27, 2013 as Treasure Coast Waterway Cleanup Week in Indian River County July 9, 2013 PAGE 1 2 Elk 144 PG 047 Page l of 6 6. APPROVAL OF MINUTES A. Regular Meeting of June 11, 2013 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Update Regarding the 2013 Amnesty Program for Certain Utility Delinquency Charges (memorandum dated June 28, 2013) 8. CONSENT AGENDA A. Approval of Warrants — June 21, 2013 to June 27, 2013 (memorandum dated June 27, 2013) PAGE 3-4 5-12 B. Authorization to Attend Nabors Giblin & Nickerson Seminar (memorandum dated July 1,2013) 13-15 C. Proclamation and Retirement Award Hononng Norman L Wells on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty-two Years of Service 16-17 D. Release of Retainage for Coastal Tech Work Order No. 13 Sector Beach Restoration — 2012 Post Construction Monitoring Services (memorandum dated June 24, 2013) E. Release of Retainage for Coastal Tech Work Order No. 12 Sector 3 Beach Restoration — Phase 2b Construction Phase Services (memorandum dated June 24, 2013) 18-21 22-25 F. Miscellaneous Budget Amendment 021 (memorandum dated July 2, 2013) 26-30 G. Indian River County Public Shooting Range Improvements to Skeet & Trap Facility and Hunter Safety Training Building Approval of Agreement with Donadio and Associates, Architects, P A. to Provide Professional Architectural and Engineering Services, RFQ No. 2013017 — IRC Project No. 1213 (memorandum dated July 1, 2013) 31-46 lig 144 PG 0.48 July 9, 2013 Page 2 of 6 8. CONSENT AGENDA PAGE H. Resolutions to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 17, 2013, through and including August 19, 2013, and August 21, 2013, through and including September 9, 2013 (memorandum dated July 1, 2013) 47-51 I. Request to Waive Bid Process for Updated Document Management System (memorandum dated July 1, 2013) 52-57 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS None 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 Michael Marsh Regarding Enforcement of Child Custody Orders and Speak on Department of Children & Families 58 2. Request to Speak from Barbara Hoffinan Regarding Attracting Business 59 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None BK 144 PG 049 July 9, 2013 Page 3 of 6 12. 13. DEPARTMENTAL MATTERS PAGE B. C. D. Emergency Services None General Services None Human Resources None E. Human Services None F. Leisure Services None G. Office of Management and Budget None H. I. J. Recreation None Public Works None Utilities Services 1. Approval of Work Order No. 4 Final Payment to Kimley-Horn and Associates, Inc. for Engineering Services to Assist in Design of the PC South Algal Turf Scrubber System at 1225 5th Street S.W. UCP No. 4086 (memorandum dated June 28, 2013) COUNTY ATTORNEY MATTERS A. Attorney -Client Session — Time Certain of 10:30 a.m.: Indian River County v. Turner Construction Company, et al., Nineteenth Judicial Circuit, Case No. 312011 CA002999 (memorandum dated July 1, 2013) 60-62 63 OK 144PG0 Q July 9, 2013 Page 4 of 6 13. COUNTY ATTORNEY MATTERS PAGE B. New Proposed County Attorney Contract Form (memorandum dated June 26, 2013) 64-73 C. Termination of Covenants Deferring Sidewalk Development for Millstone Landing P.D. Phases 2 and 3; and Resolution Delegating to the County Administrator or Designee the Authority to Execute Future Terminations of Covenants Defemng Sidewalk Development and Maintenance Security Development (memorandum dated June 28, 2013) 14. COMMISSIONERS ITEMS A. B. Commissioner Joseph E. Flescher, Chairman 1. Lagoon Project of Interest (memorandum dated July 3, 2013) 74-81 82-85 Commissioner Wesley S. Davis, Vice Chairman None C. Commissioner Peter D. O'Brvan 1. Action Plan for the Indian River Lagoon (memorandum dated July 2, 2013) D. Commissioner Bob Solari None 86 E. Commissioner Tim Zorc 1. Special Funding for Economic Development Promotion (memorandum dated July 2, 2013) 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. July 9, 2013 Environmental Control Board None 87 8K144PG051 Page 5 of 6 16. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, 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. BK 144 PG 052 July 9, 2013 Page 6 of 6 JEFFREY R. SMITH Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING BOARD OF COUNTY COMMISSIONERS JULY 9, 2013 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 ADDITION: ITEM 5.C. PROCLAMATION HONORING ALAN S. POLACKWICH, SR. ON HIS RETIREMENT 2 ADDITION: EMERGENCY ITEM 10.0.1. NOTICE OF SPECIAL CALL MEETING / PUBLIC HEARING 2 REMOVE PAGES: AGENDA ITEM 8.A , PAGES 10 AND 11 2 REPLACEMENT PAGE: AGENDA ITEM 8.B., PAGE 13 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 2013 AS MARINE DEBRIS REMOVAL MONTH IN INDIAN RIVER COUNTY 2 5.B PRESENTATION OF PROCLAMATION DESIGNATING JULY 21 THROUGH JULY 27, 2013 AS TREASURE COAST WATERWAY CLEANUP WEEK IN INDIAN RIVER COUNTY 2 July 9, 2013 1 BI( 144 PG 053 5.C. ADDITION. PRESENTATION OF PROCLAMATION HONORING ALAN S. POLACKWICH, SR. ON HIS RETIREMENT 3 6. APPROVAL OF MINUTES 3 6.A. MEETING OF JUNE 11, 2013 3 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 7.A. UPDATE REGARDING THE 2013 AMNESTY PROGRAM FOR CERTAIN UTILITY 4 DELINQUENCY CHARGES 8. CONSENT AGENDA 4 8.A. APPROVAL OF WARRANTS - JUNE 21, 2013 TO JUNE 27, 2013 4 8.B. AUTHORIZATION TO ATTEND NABORS GIBLIN & NICKERSON SEMINAR 4 8.C. PROCLAMATION AND RETIREMENT AWARD HONORING NORMAN L WELLS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH THIRTY-TWO YEARS OF SERVICE 5 8.D. RELEASE OF RETAINAGE FOR COASTAL TECH WORK ORDER NO. 13 SECTOR BEACH RESTORATION - 2012 POST CONSTRUCTION MONITORING SERVICES 5 8 E. RELEASE OF RETAINAGE FOR COASTAL TECH WORK ORDER NO. 12 SECTOR 3 BEACH RESTORATION - PHASE 2B CONSTRUCTION PHASE SERVICES 5 8.F. MISCELLANEOUS BUDGET AMENDMENT 021 6 8.G. INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS TO SKEET & TRAP FACILITY AND HUNTER SAFETY TRAINING BUILDING APPROVAL OF AGREEMENT WITH DONADIO AND ASSOCIATES, ARCHITECTS, P.A. TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES, RFQ No. 2013017 - IRC PROJECT No. 1213 6 8.11. RESOLUTIONS TO CALL LETTERS OF CREDIT AND TO ACT ON BEHALF OF INDIAN RIVER COUNTY DURING THE TIME FRAMES OF JULY 17, 2013, THROUGH AND INCLUDING AUGUST 19, 2013, AND AUGUST 21, 2013, THROUGH AND INCLUDING SEPTEMBER 9, 2013 7 July 9, 2013 2 Bk 144 PG OS4, 8.I. REQUEST TO WAIVE BID PROCESS FOR UPDATED DOCUMENT MANAGEMENT SYSTEM (COMMUNITY DEVELOPMENT AND UTILITIES DEPARTMENTS) 8 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 8 10. PUBLIC ITEMS 8 10.A. PUBLIC HEARING(S) - NONE 8 10.B PUBLIC DISCUSSION ITEMS 8 10.B.1. REQUEST TO SPEAK FROM MICHAEL MARSH REGARDING ENFORCEMENT OF CHILD CUSTODY ORDERS AND SPEAK ON DEPARTMENT OF CHILDREN AND FAMILIES 8 10.B.2 REQUEST TO SPEAK FROM BARBARA HOFFMAN REGARDING ATTRACTING BUSINESS 9 10.C. PUBLIC NOTICE ITEMS NONE 10 10.0.1. ADDITION: EMERGENCY ITEM - NOTICE OF SPECIAL CALL MEETING / PUBLIC HEARING 10 11. COUNTY ADMINISTRATOR MATTERS - NONE 10 12. DEPARTMENTAL MATTERS 10 12.A. COMMUNITY DEVELOPMENT - NONE 10 12.B. EMERGENCY SERVICES - NONE 10 12.C. GENERAL SERVICES - NONE 10 12.D. HUMAN RESOURCES - NONE 10 12.E. HUMAN SERVICES - NONE 10 12.F. LEISURE SERVICES - NONE 10 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 10 12.H. RECREATION - NONE 10 12.I. PUBLIC WORKS - NONE 11 12.J. UTILITIES SERVICES 11 12.J.1. APPROVAL OF WORK ORDER NO. 4 FINAL PAYMENT TO KIMLEY-HORN AND ASSOCIATES, INC. FOR ENGINEERING SERVICES TO ASSIST IN DESIGN OF THE " July 9, 2013 3 BK 144 PG 055 PC SOUTH ALGAL TURF SCRUBBER SYSTEM AT 1225 5TH STREET S.W. - UCP No. 4086 11 13. COUNTY ATTORNEY MATTERS 12 13.A. ATTORNEY-CLIENT SESSION - TIME CERTAIN OF 10:30 A M.. INDIAN RIVER COUNTY V. TURNER CONSTRUCTION COMPANY, ET AL., NINETEENTH JUDICIAL CIRCUIT, CASE NO. 312011CA002999 12 13.B. NEW PROPOSED COUNTY ATTORNEY CONTRACT FORM 13 13.C. TERMINATION OF COVENANTS DEFERRING SIDEWALK DEVELOPMENT FOR MILLSTONE LANDING P.D. PHASES 2 AND 3; AND RESOLUTION DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO EXECUTE FUTURE TERMINATIONS OF COVENANTS DEFERRING SIDEWALK DEVELOPMENT AND MAINTENANCE SECURITY DEVELOPMENT 13 14. COMMISSIONER ITEMS 15 14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN 15 14.A.1. LAGOON PROJECT OF INTEREST 15 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 17 14.C. COMMISSIONER PETER D O'BRYAN 17 14.C.1. ACTION PLAN FOR THE INDIAN RIVER LAGOON 17 14.D. COMMISSIONER BOB SOLARI - NONE- 19 14.E COMMISSIONER TIM ZORC 19 14 E 1 SPECIAL FUNDING FOR ECONOMIC DEVELOPMENT PROMOTION 19 15. SPECIAL DISTRICTS AND BOARDS 15.A. 15.B. 15.C. 21 EMERGENCY SERVICES DISTRICT - NONE 21 SOLID WASTE DISPOSAL DISTRICT - NONE 21 ENVIRONMENTAL CONTROL BOARD - NONE 21 16. ADJOURNMENT 22 July 9, 2013 4 8K :144 PG 0-5-6 JEFFREY R. SMITH Clerk to the Board July 9, 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, July 9, 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 Admimstrator Joseph A. Baird, County Attorney Dylan T. Reingold, 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. July 9, 2013 1 KK 1Lit 4 PG 057 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Flescher requested the following change(s)to the Agenda: ADDITION: ITEM 5. C. PROCLAMATION HONORING ALAN S. POLACKWICH, SR ON His RETIREMENT ADDITION: EMERGENCY ITEM 10. C.1. NOTICE OF SPECIAL CALL MEETING / PUBLIC HEARING REMOVE PAGES: AGENDA ITEM 8.A., PAGES 10 AND 11 REPLACEMENT PAGE: AGENDA ITEM 8.B., PAGE 13 ON MOTION by Commissioner Solari, SECONDED by Vice Chairman Davis, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 2013 AS MARINE DEBRIS REMOVAL MONTH IN INDIAN RIVER COUNTY Commissioner Solari read and presented the Proclamation to Captain Don Moss. 5.B. PRESENTATION OF PROCLAMATION DESIGNATING JULY 21 THROUGH JULY 27, 2013 AS TREASURE COAST WATERWAY CLEANUP WEEK IN INDIAN RIVER COUNTY Commissioner Zorc read and presented the Proclamation to current President of Marine Industries Association of the Treasurer Coast (MIATC) Tim Grabenauer, past President Steve Haigis, and Event Coordinator April Price. July 9, 2013 2 144P6058 S.C. ADDITION: PRESENTATION OF PROCLAMATION HONORING ALAN S. POLACKWICH, SR. ON HIS RETIREMENT Chairman Flescher read and presented the Proclamation to County Attorney Alan S. Polackwich, Sr. on his retirement. Chairman Flescher welcomed Attorney Dylan Reingold, as the new County Attorney. Commissioners, staff, and individuals from the public expressed their gratitude and appreciation, and wished Attorney Polackwich well in his retirement. 6. APPROVAL OF MINUTES 6.A. MEETING OF .TUNE 11, 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 Commissioner Zorc, the Board unanimously approved the meeting minutes of June 11, 2013, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION July 9, 2013 3 13 144 PG 059 7.A. UPDATE REGARDING THE 2013 AMNESTY PROGRAM FOR CERTAIN UTILITY DELINQUENCY CHARGES Director of Utility Services Vincent Burke provided the Board with an update on the Amnesty Program and the requests processed as of June 28, 2013. He noted that nine waivers had been processed to date, resulting in a payment of $312,682, and $115,298 was waived in penalties. He also reminded the Board that the program terminates on August 31, 2013. Discussion ensued regarding utility liens, penalties and interest the top 20 accounts, whether to extend the expiration date of the amnesty program, and writing the procedures. 8. CONSENT AGENDA 8.A. APPROVAL OF WARRANTS - ,TUNE 21, 2013 TO ,TUNE 27, 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 June 21, 2013 to June 27, 2013, as requested in the memorandum of June 27, 2013. 8.B. AUTHORIZATION TO ATTEND NABORS GIBLIN & NICKERSON SEMINAR ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously approved out of county travel for Commissioners and staff to attend the Local Government Finance, Tax, Home Rule and Growth Management Seminar 2013, presented by Nabors, Giblin and Nickerson, Attorneys at Law, on August 1, 2013, in Orlando, Florida, as requested in the memorandum of July 1, 2013. July 9, 2013 4 X44 PG 060 8.C. PROCLAMATION AND RETIREMENT AWARD HONORING NORMAN L. WELLS ON His RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH THIRTY-TWO YEARS OF SERVICE ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimouslyapproved the Proclamation and Retirement Award honoring Norman L. Wells on his retirement on July 5, 2013. B.D. RELEASE OF RETAINAGE FOR COASTAL TECH WORK ORDER No. 13 SECTOR BEACH RESTORATION- 2012 POST CONSTRUCTION MONITORING SERVICES ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously approved the release of retainage for Work Order No. 13, with Coastal Technology Corporation, Inc. (Coastal Tech), in the amount of $45,920.60, as recommended in the memorandum of June 24, 2013. 8.E. RELEASE OF RETAINAGE FOR COASTAL TECH WORK ORDER No. 12 SECTOR 3 BEACH RESTORATION- PHASE 2B CONSTRUCTION PHASE SERVICES ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously approved Work Order No. 12, with Coastal Technology Corporation, Inc., in the amount of $18,746.55, as recommended in the memorandum of June 24, 2013. 1 We PG 061 July 9, 2013 5 8.F. MISCELLANEOUS BUDGET AMENDMENT 021 ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously approved Resolution 2013-061, amending the Fiscal Year 2012- 2013 Budget. 8.G. INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS TO SKEET & TRAP FACILITY AND HUNTER SAFETY TRAINING BUILDING APPROVAL OF AGREEMENT WITH DONADIO AND ASSOCIATES, ARCHITECTS, P.A. TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES, RFO No. 2013017 IRC PROJECT No. 1213 ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously: (1) found that the expansion of the Shooting Range is necessary to accommodate growth in the County and that such growth will benefit from the expansion; (2) approved the proposed agreement with Donadio and Associates, Architects, P.A. in the amount of $104,715.00; and (3) authorized the Chairman to execute the Agreement, all as recommended in the memorandum of July 1, 2013. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD July 9, 2013 6 44PG06 8.H. RESOLUTIONS TO CALL LETTERS OF CREDIT AND TO ACT ON BEHALF OF INDL4N RIVER COUNTY DURING THE TIME FRAMES OF JULY 17, 2013, THROUGH AND INCLUDING AUGUST 19, 2013, AND AUGUST 21, 2013, THROUGH AND INCLUDING SEPTEMBER 9, 2013 ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously approved Resolution 2013-062, delegating authority to the County Administrator or his designee, to execute Resolutions calling Letters of Credit as necessary during the period commencing July 17, 2013, through and including August 19, 2013, and further delegating to the County Administrator or his designee, the authority to execute all documents necessary to the proper functioning of the County during the period commencing July 17, 2013, through and mcluding August 19, 2013. ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously approved Resolution 2013-063, delegating authority to the County Administrator or his designee, to execute Resolutions calling Letters of Credit as necessary during the period commencing August 21, 2013, through and including September 9, 2013, and further delegating to the County Administrator or his designee, the authority to execute all documents necessary to the proper functioning of the County during the period commencing August 21, 2013, through and including September 9, 2013. July 9, 2013 7 BK 44 PG 063 8.L REQUEST TO WAIVE BID PROCESS FOR UPDATED DOCUMENT MANAGEMENT SYSTEM (COMMUNITY DEVELOPMENT AND UTILITIES DEPARTMENTS) ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously waived the bid process and approved the Clear Village Document Management System proposal, as recommended in the memorandum of July 1, 2013. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLICHEARING(S) - NONE 10.B. PUBLIC DISCUSSION ITEMS 10..81 REQUEST TO SPEAK FROM MICHAEL MARSH REGARDING ENFORCEMENT OF CHILD CUSTODY ORDERS AND SPEAK ON DEPARTMENT OF CHILDREN AND FAMILIES Michael Marsh, 2144 rt Court, S.E., provided background regarding his divorce, working three jobs, going to school full time, taking care of his two daughters, and the Department of Children and Families (DCF) contacting him over a false claim of child abuse. He voiced frustration with the poor investigation, the child protective team, and DCF's failure to provide protection to his children from violence while under the custody of his ex-wife. He July 9, 2013 8 Bk 144 PG 06, asked the Board to provide him direction on filing a grievance against the State and seeking remedy against DCF. Chairman Flescher told Mr. Marsh that his plea is with the State, and no one on the Board has the capacity to provide him with advice; however, he believed that Mr Marsh needed documentation, and legal representation. He suggested that he meet with the Sheriff to see if law enforcement can intervene. Commissioner O'Bryan also felt that Mr. Marsh needed legal representation, and advised him to contact the Judge to revoke the joint custody decision. He suggested that he call 211 for referral information that will offer free legal advice. Vice Chairman Davis asked Mr. Marsh to contact him after the meeting so he can provide further contact information. NO BOARD ACTION REQUIRED OR TAKEN I0.B.2. REQUEST TO SPEAK FROM BARBARA HOFFMAN REGARDING ATTRACTING BUSINESS Barbara Hoffman, 736 18th Street, S W., voiced her concerns over unemployed individuals in Indian River County, and asked that the Board attract more businesses that will provide jobs to a large number of people. She felt that training needed to be provided so it will lead to more secure jobs and decent salaries. Chairman Flescher informed Ms. Hoffman that Indian River County has done more for job enhancements in the past few years than in the past two decades - and to that he gave kudos to the Economic Development Council, as well as the Chamber of Commerce. He also spoke about the success stories of the companies that moved to this County. NO BOARD ACTION REQUIRED OR TAKEN July 9, 2013 9 IN 144 PG 065 10. C. PUBLIC NOTICE ITEMS-NeNE 10. C.1. ADDITION: EMERGENCY ITEM- NOTICE OF SPECIAL CALL MEETING/ PUBLIC HEARING Attorney Reingold announced that a Special Call Meeting for the purpose of conducting a Public Hearing and considering the adoption of a proposed ordinance, entitled "Fertilizer and Landscape Management," will be held on Thursday, July 18, 2013 at 9:00 a.m. in the County Commission Chambers. 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT - NONE 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. RECREATION - NONE July 9, 2013 10 BK 1 k4 PG. 06E 12.1. PUBLIC WORKS - NONE 12..!. UTILITIES SERVICES 12..1.1. APPROVAL OF WORK ORDER No. 4 FINAL PAYMENT TO KIMLEY-HORN AND ASSOCL4TES, INC. FOR ENGINEERING SERVICES TO ASSIST IN DESIGN OF THE PCSOUTH ALGAL TURF SCRUBBER SYSTEM AT 1225 5471 STREET S. W. - UCP No. 4086 MOTION WAS MADE by Commissioner Solari, SECONDED by Commissioner O'Bryan, to approve staff s recommendation. Commissioner O'Bryan wanted to know when staff would bring this item back to the Board with their recommended bid approval. Director Burke reported that both the Algal Turf Scrubber (ATS) site and the pump station project would be brought back to the Board at the July 16th meeting for bid approval. The Chairman CALLED THE QUESTION and the Motion carred unanimously. The Board approved the final payment in the amount of $816.00 for Work Order No. 4, including Amendment No. 1 with Kimley-Horn and Associates, Inc., to design portions of the PC South ATS Site and the pipeline supplying stormwater from the South Relief Canal, as recommended in the memorandum of June 28, 2013. BI( 144 PG 067 July 9, 2013 11 13. COUNTY ATTORNEY MATTERS 13.A. ATTORNEY-CLIENT SESSION- TIME CERTAIN OF 10:30 A.M.: INDIAN RIVER COUNTY V. TURNER CONSTRUCTION COMPANY, ET AL., NINETEENTH JUDICIAL CIRCUIT, CASE No. 312011 CA002999 (Clerk's Note: This item was heard following Rem 13.C., at 10:30 a.m. The Chairman announced that the Board would retreat to the County Commission Conference Room to conduct the Attorney -Client Session.) The Chairman read into the record the opemng remarks of the Attorney -Client Session scheduled for 10:30 a.m. The estimated time of this session was 30 minutes. Those in attendance were Commissioners Joseph E Flescher, Wesley S. Davis, Peter D. O'Bryan, Bob Solan, and Tim Zorc. Also present were County Attorney Alan S. Polackwich, Sr., County Administrator Joseph Baird, and Certified Court Reporter Greg Campbell. (Clerk's Note: The Board reconvened to the Chambers at 10:55 a.m. The Chairman announced the termination of the Attorney -Client Session, and the County Commission meeting resumed.) Attorney Polackwich reported that an Offer of Judgment was received from Turner Construction Company, and was discussed in the closed session. He conveyed that whatever action the Board decides to take would be appropriate. ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously agreed that there was not sufficient information to make a qualified decision on the offer. July 9, 2013 12 BK 144 PG 468 Attorney Polackwich informed the Board that by not taking action, the offer would be deemed to be rejected. 13.B. NEW PROPOSED COUNTY ATTORNEY CONTRACT FORM Attorney Polackwich reviewed the new proposed County Attorney contract form and the four minor additions/changes referenced on page 65 of the Agenda Packet. Vice Chairman Davis wanted to know if the contract form could be used for future County Administrators by substituting the title. Attorney Polackwich said the proposed contract is specific to the legal profession; however, it could be used as a model for that purpose. ON MOTION by Commissioner Solari, SECONDED by Vice Chairman Davis, the Board unanimously approved: (1) the new proposed County Attorney contract form and (2) County Attorney Dylan Reingold's new contract, which replaces the existing contract that was approved on June 4, 2013, as recommended in the memorandum of June 26, 2013. 13. C. TERMINATION OF COVENANTS DEFERRING SIDEWALK DEVELOPMENT FOR MILLSTONE LANDING P.D. PHASES 2 AND 3: AND RESOLUTION DELEGATING TO THE COUNTYADMINISTRATOR OR DESIGNEE THE AUTHORITY TO EXECUTE FUTURE TERMINATIONS OF COVENANTS DEFERRING SIDEWALK DEVELOPMENT AND MAINTENANCE SECURITY DEVELOPMENT BK 1104 PG 069 July 9, 2013 13 Deputy County Attorney William DeBraal brought two matters to the Board for consideration. After reviewing his memorandum dated June 28, 2013, pertaining to sidewalk issues, he requested that the Board approve: (1) the dissolution of the Covenant deferring sidewalk development for Millstone Landing P.D. Phases 2 and 3; and (2) the Resolution delegating the County Administrator, or his designee, the authority to execute future terminations of deferrals with respect to sidewalks and maintenance security. MOTION WAS MADE by Vice Chairman Davis, SECONDED by Chairman Flescher, to authorize the Chairman to execute the Termination of Covenant Deferring Sidewalk Development for both Millstone Landing P.D. Phase 2 and Millstone Landing P.D. Phase 3 for recording in the Public Records of Indian River County, Florida, as requested in the memorandum of June 28, 2013. Commissioner Zorc mentioned that SLV Millstone, LLC had paid, under the amnesty program, about $231,000 in back utility penalties, bringing everything current and in order. The Chairman CALLED THE QUESTION and the Motion carried unanimously. Attorney DeBraal urged the Board to approve the Resolution delegating authority to the County Administrator, or his designee, the authority to execute Terminations of Covenants Deferring Sidewalk Development and Covenants Deferring Maintenance Security Development. MOTION WAS MADE by Vice Chairman Davis, SECONDED by Chairman Flescher, to approve Resolution 2013-064, delegating to the County Administrator or designee the authority to execute Terminations of Covenants Deferring Sidewalk July 9, 2013 14 BK 004 PG 070 Development and Covenants Deferring Maintenance Security Development. Attorney DeBraal responded to questions from the Commissioners. The Chairman CALLED THE QUESTION and the Motion carried unanimously. DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Chairman called for a break at 10:18 a.m., and reconvened the meeting at 10:29 a.m., with all members present. 14. COMNIISSIONER ITEMS 14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN 14.A.1. LAGOON PROJECT OF INTEREST Chairman Flescher introduced an oyster reef concept that he believed would help revitalize and purify the Indian River Lagoon, and asked Chip Swindell and Charlie Sembler to present their proposal. Chip Swindell, Ecotech Consultants, Inc., reviewed his slide presentation (on file), proposing the creation of oyster reefs in the Lagoon to improve water quality and habitat for marine life. He further spoke about design objectives and permit issues. Charlie Sembler, 6945 49th Street, talked about the success of the oyster farming project at Spoonbill Marsh, explained why oyster and shellfish farming is important, and suggested creating an oyster pilot project in the Lagoon that would be relatively simplistic, cost effective, and of industrial size, to get the desired results for cleaning the nutrients from the water. July 9, 2013 15 BA 144PG071 r A lengthy discussion ensued regarding the oyster rehabilitation project possible grants; the collection of measurable data for historic purposes; the scope of the project; and working with permitting agencies. MOTION WAS MADE by Commissioner Solari, SECONDED by Chairman Flescher, to direct staff to bring the three -task proposal back to the Board in August, and include the Total Maximum Daily Load (TMDL) results. Discussion on the motion followed, and Administrator Baird informed the Board that he would amend the budget for the estimated cost of $28,500.00 (plus permitting), and place this on the next Agenda to give the Attorney enough time to produce the necessary document(s) and meet with the appropriate people. MOTION WAS AMENDED by Commissioner Solari, SECONDED by Chairman Flescher, to: (1) place this item on the Board of County Commission Agenda for July 16, 2013; and direct staff to bring the three -task proposal back to the Board and include the Total Maximum Daily Load (TMDL) results. Commissioner O'Bryan believed the research would take time, and suggested bringing the testing results back separately. He recommended that staff start working on the permit applications, then do an amendment after receiving the TMDL data. Attorney Reingold asked for clarification on the motion. Further discussion ensued. July 9, 2013 16 BK 144 PG 07? Administrator Baird said he would be meeting with Representative Debbie Mayfield tomorrow and would address seeking Legislative assistance in expediting the permit process in this matter. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Chairman called for a break at 12:04 p.m. and reconvened the meeting at 12:21 p.m., with all members present. 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 14. C. COMMISSIONER PETER D. O'BRYAN 14. C.1. ACTION PLAN FOR THE INDIANRIVER LAGOON Commissioner O'Bryan summarized his backup material (on file) regarding his assumptions about the Indian River Lagoon, categorized as follows: (1) the things we know now; (2) the things we do not know now; (3) what we can assume going forward (4) short term strategies; (5) medium range strategies; and (6) long range strategies. He thereafter spoke about specific action items that he wanted the Board to consider for implementing an Action Plan that would save the Indian River Lagoon. The Commissioners discussed the Board's leadership role; staff presenting the Board with a feasibility study; and individual Board members duplicating Lagoon initiatives due to the Sunshine Law restnctions that prevent them from being able to discuss issues outside the meeting. July 9, 2013 17 BK 144 PG 073 Administrator Baird told the Board that staff had met with Grand Harbor and their engineers to discuss a project that would create a wetland area to treat stormwater; staff is currently reviewing the proposal for a feasibility study; and a contract would be coming to the Board in the near future. Commissioner Zorc specified that the goal of the working groups that he has been working with, is to create an action plan that would prioritize and create a database of who is doing what, where, and when. He felt this would save money and alleviate a duplication of efforts. He thereafter proposed that the working group give a presentation to the Board Commissioner O'Bryan suggested designating a staff member to be the coordinator. Administrator Baird recommended that a workshop be held every month for updates. He said he would put it on a timed Agenda so the public would know when they are scheduled. He also suggested that someone in the Public Works Department, under Director Chris Mora's direction, be appointed as the coordinator. Commissioner Solari suggested holding a periodic workshop so each Commissioner could provide an update of what they are doing. Judy Orcutt, 4665 Pebble Bay South, requested that the Board increase the number of Extension Agents to provide fertilizer and native plant education, as well as monitor the fertilizer use. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Chairman Flescher, to adopt the presented Action Plan, subject to ongoing updates as data becomes available. July 9, 2013 18 X44 PG 074 Administrator Baird reiterated that it would be beneficial to have a scheduled forum on the Agenda every month so the Commissioners could share what they have accomplished in regards to the Lagoon. MOTION WAS AMENDED by Commissioner O'Bryan, SECONDED by Chairman Flescher to schedule a forum every third Tuesday to discuss the Lagoon. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board adopted the presented Action Plan, subject to ongoing updates as data becomes available, and directed staff to schedule a forum every third Tuesday to discuss the Lagoon. 14.11 COMMISSIONER BOB SOLARI - NONE - 14.E. COMMISSIONER TIMZORC 14.E.1. SPECIAL FUNDING FOR ECONOMIC DEVELOPMENT PROMOTION Commissioner Zorc wanted to communicate to prospective compames that Indian River County is "open for business." He said that he had created three graphics (on file) that could be used to welcome companies to our County - one is a welcome banner that could be displayed outside the building, one is a welcome form (like a Proclamation) that would be signed by each Commissioner, and the other is a packet sleeve that could be used when presenting them with a welcome package. Commissioner O'Bryan stressed that most large companies want confidentiality. He felt the best way to influence a new company to move here would be for them to talk to the businesses who recently moved into the community so they can emphasize that the Commission is open for business and willing to help them; let them know that this County Commission led July 9, 2013 19 the charge for the tax abatement; and that the last 14 job grants were approved. He wanted there to be a unified front, whereby the business community, the local government, and staff are supportive and responsive. Chairman Flescher thought that Commissioner Zorc's suggestions and welcome package should be taken to the Economic Development Council (EDC). He too, voiced concerns over confidentiality, noting that certain activities/endeavors could be misconstrued as ethically questionable. Commissioner Solari agreed with both Commissioners and suggested that during a scheduled EDC meeting, available Commissioners could step in for a personal greeting to let the visiting company know that this County Commission is open for business. Helene Caseltine, Economic Development Director with the Chamber of Commerce, commented in support of these suggestions. She liked the proclamation document that Commissioner Zorc introduced, and felt it could be placed into a gift basket that is provided to visitors, as long as it does not violate the confidentiality of the Sunshine Law. She conveyed that clients from a recent meeting were very impressed that high-level individuals came out on short notice to welcome them, and affirmed that it sends the message that this County is open for business, that we are interested in your business and we want you here. She revealed that most companies want confidentiality, and agreed that it would be more beneficial for the visiting company to hear the compliments from a colleague. Joseph Paladin, President of Black Swan Consulting, revealed that the first stop for a new business considering a move to a new County is to contact the Chamber of Commerce to see what they have to offer. He liked Commissioner Zorc's idea and thought it should be done through the Chamber, as the County's representative. He also noted that personal meetings make the biggest difference in the decision of moving to a new County. July 9, 2013 20 BX 1'44 PG 076 Brian Carman, 1190 Ansley Avenue SW, speaking as an observer, said he had spoken to the representatives of INEOS New Planet BioEnergy, LLC (INPB) after they moved to the County, and they were most complimentary of the Chamber of Commerce. He did not support Commissioner Zorc's banner idea. There was a brief discussion regarding EDC issues. Commissioner Zore said he would continue to work with the EDC, and also present his welcome package concept to them. 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 July 9, 2013 21 BR 144 PG 077 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 2:00 p.m. ATTEST: Clerk of Circuit Court and Comptroller Minutes Approved: AUG 2 0 2013 BCC/LA/2013Minutes • July 9, 2013 22 oseph E Flescher, Chairman 144 PG 4n8