Indian River County Board of County Commisiosners Meeting ...COMMISSIONERS, INDIAN RIVER COUNTY, that the week of July 21, 2012 through July 27, 2013, be designated as TREASURE COAST

July 9, 2013 Page 1 of 6

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

C O M M I S S I O N A G E N D A

COUNTY COMMISSIONERS

Joseph E. Flescher, Chairman District 2 Joseph A. Baird, County AdministratorWesley S. Davis, Vice Chairman District 1 Dylan Reingold, County AttorneyPeter D. O’Bryan District 4 Jeffrey R. Smith, Clerk to the BoardBob Solari District 5 Tim Zorc District 3

1. CALL TO ORDER 9:00 A.M. PAGE

2. INVOCATION

Commissioner Wesley S. Davis, Vice Chairman

3. PLEDGE OF ALLEGIANCE

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 1

B. Presentation of Proclamation Designating July 21 Through July 27, 2013 as Treasure Coast Waterway Cleanup Week in Indian River County 2

County Commission Chamber Indian River County Administration Complex

1801 27th Street, Building A Vero Beach, Florida, 32960-3388

www.ircgov.com

TUESDAY, JULY 9, 2013 - 9:00 A.M.


6. APPROVAL OF MINUTES PAGE

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) 3-4

8. CONSENT AGENDA

A. Approval of Warrants – June 21, 2013 to June 27, 2013

(memorandum dated June 27, 2013) 5-12 B. Authorization to Attend Nabors Giblin & Nickerson Seminar

(memorandum dated July 1,2013) 13-15 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 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) 18-21

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) 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


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 Hoffman Regarding Attracting

Business 59

C. PUBLIC NOTICE ITEMS

None

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

None


12. DEPARTMENTAL MATTERS PAGE

B. Emergency Services

None

C. General Services

None

D. Human Resources

None

E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

None

J. 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) 60-62

13. 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. 312011CA002999 (memorandum dated July 1, 2013) 63


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 Deferring Sidewalk Development and Maintenance Security Development (memorandum dated June 28, 2013) 74-81

14. COMMISSIONERS ITEMS

A. Commissioner Joseph E. Flescher, Chairman

1. Lagoon Project of Interest (memorandum dated July 3, 2013) 82-85

B. Commissioner Wesley S. Davis, Vice Chairman

None

C. Commissioner Peter D. O’Bryan

1. Action Plan for the Indian River Lagoon (memorandum dated July 2, 2013) 86

D. Commissioner Bob Solari

None

E. Commissioner Tim Zorc

1. Special Funding for Economic Development Promotion (memorandum dated July 2, 2013) 87

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

None

C. Environmental Control Board

None


16. ADJOURNMENT

Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s 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.

PROCLAMATION DESIGNATING JULY 2013 AS MARINE DEBRIS REMOVAL MONIH

1N INDIAN RIVER COUNTY

SA.

WHEREAS, Marine Cleanup Initiative Inc., the Operations Director, The Board of Directors, the Advisory Board, and the hundreds of volunteer divers and boat captains have operated for thirteen years to remove marine debris such as: Mo~ofil~ent fishil;:~ line, castin~ nets,_ c:rrgo nets, ba~eries,_ anchor~, chain, rope; b?ttles, cans, and fishing gear from our Indtan River Lago0i¥Estuary, therr spoiltslands and tnbutartes and inlet ofTndtan River County; and

WHEREAS, these efforts are accomplished by divers using their own tinte, their own equipment and risking their own lives to provide this needed public service to protect our most inlportant natural resource; and

WHEREAS, these efforts save thousands of birds, fish, turtles and other aquatic life from certain death through the eliruination of all debris including ghost fishing items such as abandoned traps and nets; and

WHEREAS, Marine Cleanup Initiative Inc. has spoken to thousands of school children, set-up displays at hundreds of venues, and spent countless hours informing and elevating awareness of the public for proper disposal of these issues of awareness using a uuique and entertaining style while serving as a positive focal point for all; and

WHEREAS, Marine Cleanup Initiative, Inc., has continued to expand operations to include spoil islands and tributaries while engaging citizens throughout the area to participate and

WHEREAS, this December, Marine Cleanup Initiative Inc. and its' volunteers will have removed the 400,000th . pound of marine debris from our waterways; and

WHEREAS, Marine Cleanup Initiative Inc. provides these selfless acts while receiving little fanfare, media coverage or taxpayers support.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that July, 2013 be designated as Marine Debris Removal Month and encourage all citizens and businesses to participate in activities which will assist in the elinlination of the accumulation of hazardous debris in our waterways through best practices of disposal.

Adopted this 9th day of July, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

Joseph E. Flescher, Chairman

Wesley S. Davis, Vice Chairman

Peter D. O'Bryan

Bob Solari

Tint Zorc

PROCLAMATION DES~GNATING JULY 21 THROUGH JULY 27, 2013 AS

TREASURE COAST WATERWAY CLEANUP WEEK IN INDIAN RIVER COUNTY

58

WHEREAS, on Saturday, July 27, 2013, the Marine Industries Association of the Treasure Coast in conjunction with the Florida Inland Navigation District will conduct the 5TH

Annual Treasure Coast Waterway Cleanup; and

WHEREAS, this event will attract approximately 1 ,000 volunteers who will participate in cleaning-up the waterways of Indian River, Martin and St. Lucie Counties; and

WHEREAS, twenty designated sites throughout the three counties will serve as registration and disposal sites for the volunteers to work out of; and

WHEREAS, numerous waterfr-ont homeowners associations have been recruited to clea_nup their own waterfronts; and

WHEREAS, in 2012, over 7.6 tons of trash was collected from approximately 125 miles of waterways with an expectation of a significantly larger amount to be collected this year with an increased volunteer effort.

NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF. COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the week of July 21, 2012 through July 27, 2013, be designated as TREASURE COAST WATERWAY CLEANUP WEEK in Indian River County, and all citizens are encouraged to use this occasion to foster appreciation for the Treasure Coast Waterways and assist in the cleanup efforts.

Adopted this gth day of July, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

J s;p . Flescher, Chairman

-·~~«--Wesley S. Davis, Vice Chairman

~rt.:b~

Informational Item

· INDIAN RIVER COUNTY INTEROFFICE MEMORANDUM

DEPARTMENT OF UTILITY SERVICES

DATE: June 28, 2013

TO: Members of the Board of County Commissioners

SUBJECT: Update Regarding the 2013 Amnesty Program for Certain Utility Delinquency Charges ·

FROM: Vincent Burke, Utilities Director@

On April2, 2013, The Indian River CountyBoardofCounty Commissioners passed an-ordinance that established a five month long amnesty period for owners of ERU's which are reserved for future use. /

Attached is a summary of activity related to the Amnesty Program for Delinquency Charges as of June 28,2013.

Staff has utilized various methods to notify customers of the program. In early April approximately forty letters and/or e-mail correspondence was sent to eligible customers. In addition, a public notice was published in the Vero Beach Press Journal on April 1 0, 2013 and an .announcement is posted on the Indian River County Utilities web site (www.ircutilities.com/Amnesty-Program.pdf). Lastly, interested parties are asked to call Cindy Corrente at 772-226-1832 or Beth Messersmith at 772-226-1837 if they have any questions.

As of June 28, 2013, staff has received fourteen inquiries regarding the program: Nine waivers were processed to date resulting in payment of $312,682.22 while waiving $115,297.56 in penalties.

Staff will continue to work with interested parties in order to encourage them to take advantage of the Amnesty Program before it ends on August 31, 2013.

Attachment:

Amnesty Requests Processed

Indian Rlver Co. Approved Date

Administration -fi '7 .9-fG Utilities 1 1.. l~ U!Uities (tr.ty "1 ~ •I,!. . Legal f ,-;: ;- (, ' 7-!-Budget t- '/{ZJ t;,

J /

3

Date

4/11/2013 4/24/2013

5/9/2013 5/13/2013 5/17/2013 5/17/2013

6/4/2013 611212o1a 6/25/2013

Amnesty Requests Processed As of June 28, 2013

Prepared by Cindy Corrente and Beth Messersmith

Name . Location Amount Paid. Amount Waived

Richard Therien 092572 $1,656.28 $998.88 Vero 18 Developers Multiple $3,456.26 $3,346.54 April Totals $5,112.54 $4,345.42

VB Three Oaks LLLP Multiple $205.56 $448.65 SL V Millstone Multiple $204,847.68 $42,800.21 Capstone Resdev LLC Multiple $9,100.90 $6,743.11 PNC Bank Multiple $4,363.06 $957.19 May Totals $218,517.20 . $50,949.16

Tcoast Holdings LLC Multiple $2,638.84 $1,859.82 $t~.~ns B!ink!Foxwood MultiQie $56,078.36 $30,547.22

--"'' '-~-.- -~--< _,

r\lfuttiple $3'6';3'35:28 Enclave Vero LLC $27,595;94

June Totals $89,052.48 $60,002.98

Totals to Date $312,682.22 $115,297.56

4

JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1801 27TH Street

Vero Beach, Florida 32961-1028 Telephone (772) 226-1 945

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: June 27,2013

SUBJECT: APPROVAL OF WARRANTS June 21, 2013 to June 27, 2013

FROM: DIANE BERNARDO -FINANCE DIRECTOR

In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes.

Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of June 21,2013 to June 27,2013.

Attachment:

DB:MS

5

C.tibLK.:S W Kll 1 bN

CHECKNBR CKDATE VENDOR AMOUNT 299840 6/27/2013 PAUL CARONE 5,694.00 29984! 6/27/2013 LINDSEY GARDENS APARTMENTS 747.00 299842 6127/2013 CREATIVE CHOICE HOMES XVI LTD 554.00 299843 6/27/2013 PINNACLE GROVE LTD 986.00 299844 6/27/2013 VERO CLUB PARTNERS LTD 1,409.00 299845 6/27/2013 DAVID SPARKS 616.00 299846 6/27/2013 INDIAN RIVER INVESTMENT REALTY INC 507.00 299847 6/27/2013 THE PALMS AT VERO BEACH 854.00 299848 6/27/2013 ED SCHLITT LC 493.00 299849 6/27/20!3 JOHN COLONTRELLE 450.00 299850 6/27/2013 ARTHUR PRUETT 475.00 299851 6/27/2013 JOSEPH LOZADA 700.00 299852 6/27/2013 PELICAN ISLES LP 274.00 299853 6/27/2013 JOHNFBAER 29,584.00 299854 6/27/2013 EARRING POINT PROPERTIES 436.00 299855 6/27/2013 ANDREDORAWA 545.00 299856 6/27/2013 STEVEN F BERNYK 950.00 299857 6/27/2013 MARK KNOWLES 1,207.00 299858 6/27/2013 PAULA WHIDDON 553.00 299859 6/27/2013 GATOR INVESTMENTS 515.00 299,860 6/27/2.013 JAMES.WDAVIS 297.00 299861 6/27/2013 NITA EZELL 500.00 299862 6/27/2013 MISS INC OF THE TREASUE COAST 738.00 299863 6/27/2013 SOUTHERN ASSOCIATES LLC 642.00 299864 6/27/2013 CRAIG LOPES 332.00 299865 6/27/2013 INDIAN RUN LIMITED PARTNERSHIP 710.00 299866 6/27/2013 MADISON VINES APARTMENTS LLC 563.00 299867 6/27/2013 FREDDALOZADO 604.00 299868 6/27/2013 FIVE STAR PROPERTY HOLDING LLC 800.00 299869 6/27/2013 WILLIAM LEE 497.00 299870 6/27/2013 JORDAN MOWER INC 202.07 299871 6/27/2013 TEN-8 FIRE EQUIPMENT INC 3,393.26 299872 6/27/20!3 VERO CHEMICAL DISTRIBUTORS INC 165.00 299873 6/27/20!3 RICOH USA INC 257.48 299874 6/27/2013 RICOH USA INC 363.01 299875 6/27/2013 AT&T WIRELESS 12.62 299876 6/27/2013 AT&T WIRELESS 723.00 299877 6/27/2013 DATA FLOW SYSTEMS INC 82.75 299878 6/27/2013 COLD AIR DISTRIBUTORS WAREHOUSE 4.74 299879 6/27/2013 DELTA SUPPLY CO 168.66 299880 6/27/20!3 KELLY TRACTOR CO 317.09 299881 6/27/2013 KELLY TRACTOR CO 35,604.00 299882 6/27/2013 VERO LAWNMOWER CENTER INC 114.85 299883 6/27/2013 AMERIGAS EAGLE PROPANE LP 2,328.57 299884 6/27/2013 GAYLORD BROTHERS INC 634.68 299885 6/27/2013 HACHCO 633.37 299886 6/27/2013 DBH GRAPHICS & FINE ARTS INC 1,004.00 299887 6/27/2013 BOUND TREE MEDICAL 370.75 299888 6/27/2013 EGPINC 230.65 299889 6/27/2013 VERO INDUSTRIAL SUPPLY INC 26.47 299890 6/27/2013 TIRESOLES OF BROWARD INC 1,676.02 299891 6/27/2013 CENTER POINT INC 342.54 299892 6/27/2013 BARTH CONSTRUCTION INC 1,493.62 299893 6/27/2013 CHILDCARE RESOURCES OF IRC INC 20,299.92 299894 6/27/20!3 CHILDCARE RESOURCES OF IRC INC 720.00 299895 6/27/20!3 DELL MARKETING LP 4,047.81 299896 6/27/2013 GENERAL PART INC 1,277.28 299897 6/27/20!3 GOODYEAR AUTO SERVICE CENTER 284.50

6

CHECKNBR 299898 299899 299900 299901 299902 299903 299904 299905 299906 299907 299908 299909 299910 299911 299912 299913 299914 299915 299916 299917 299918 299919 299920 299921 299922 299923 299924 299925 299926 299927 299928 299929 299930 299931 299932 299933 299934 299935 299936 299937 299938 299939 299940 299941 299942 299943 299944 299945 299946 299947 299948 299949 299950 299951 299952 299953 299954 299955 299956 299957

CKDATE 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/20!3 6/27/2013 6/27/2013 6/27/2013 . 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013

VENDOR BAKER&TAYLORINC MIDWEST TAPE LLC NORTHERN SAFETY CO INC LOWES CO INC PRECISION CONTRACTING SERVICES INC K & M ELECTRIC SUPPLY FIRST HOSPITAL LABORATORIES INC CENGAGE LEARNING CORPORATION PALM TRUCK CENTERS INC GREENE INVESTMENT PARTNERSHIP LTD CREATIVE CHOICE HOMES XVI LTD PER-SE TECHNOLOGIES INC INDIAN RIVER COUNTY HEALTH DEPT INDIAN RIVER COUNTY MEDICAL EXAMINERS OFFICE VICTIM ASSISTANCE PROGRAM ROGER J NICOSIA CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH RUBBER STAMP EXPRESS & MORE INC INDIAN RIVER COUNTY SHERIFF UNITED STATES POSTAL SERVICE TREASURE COAST REGIONAL PLANNING FLORIDA EAST COAST RAILWAY LLC JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES PUBLIX SUPERMARKETS WILLIAM KEITH MCCULLY INTERNATIONAL GOLF MAINTENANCE INC AQUAGENIX EXCHANGE CLUB CASTLE ST JOHNS RIVER WATER MGMT DISTRICT WEST PUBLISHING CORPORATION ATHENS TECHNICAL SPECIALISTS INC TYLER TECHNOLOGIES INC CITY OF SEBASTIAN SPRINT SPECTRUM LP SPRINT SPECTRUM LP SPRINT SPECTRUM LP SIEMENS INDUSTRY INC . SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT MELECH BERMAN JAMES GRAY JR GIFFORD YOUTH ACTIVITY CENTER INC PRISON REHABILITATIVE IND & DIY ENT INC KENNETH CAMPBELL SENIOR GLOBAL GOLF SALES INC SUNSHINE STATE ONE CALL OF FL INC CATHOLIC CHARITIES DIOCESE OF PALM BCH FLORIDA DEPT OF ENVIRONMENTAL PROTECTION HOMELESS FAMILY CENTER INC TREASURE COAST SPORTS COMMISSION INC COX GIFFORD SEA WINDS BUILDING OFFICIALS ASSOC OF FLORIDA GERALD A YOUNG SR GIFFORD COMMUNITY CENTER HENRY SMITH

AMOUNT 369.62 615.96 190.65

1,673.96 900.00

59.31 323.00

24.74 570.33

3,114.58 500.00

44,002.57 44,543.41

187,096.27 23,65!.41

4,428.66 1,500.00

19,418.19 1,972.54

11,562.50 231.66

8,801.51 20,000.00

4,000.00 51,258.62

314.83 12,220.74

72.71 19.58

83,088.25 281.00

5,792.50 160.00 97.00

630.00 30,000.00 21,158.03

. - 27.76 156.05 173.57

27,570.00 1,200.00

98,735.14 503.38 400.00

30.27 6,631.49

21.00 140.00 77.38

777.12 2,475.02

35.00 1,645.50

15,939.75 425.00 198.00 90.00

4,128.00 108.00

2 7

CRECKNBR 299958 299959 299960 299961 299962 299963 299964 299965 299966 299967 299968 299969 299970 299971 299972 299973 299974 299975 299976 299977 299978 299979 299980 299981 299982 299983 299984 299985 299986 299987 299988 299989 299990 299991 299992 299993 299994 299995 299996 299997 299998 299999 300000 300001 300002 300003 300004 300005 300006 300007 300008 300009 300010 300011 300012 300013 300014 300015 300016 300017

CKDATE 6/27/2013 6/27/2013 6/2712013 6/27/2013 6/2712013 6/2712013 6/27/2013 612712013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/2712013 6/27/2013 6/2712013 6/27/2013 6/2712013 6/27/2013 6/2712013 612712013 6/27/2013 6127/2013 6/27/2013 6/27/2013 6/27/2013 6127/2013 6/27/2013 6127/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6127/2013 6/27/2013 6/2712013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6127/2013 6/27/2013 6/27/2013 6/2712013 6/27/2013 6/27/2013 6/27/2013 6127/2013 6/27/2013 6/27/2013 6/27/2013

VENDOR RANGE ROAD MINE LLC G K ENVIRONMENTAL INC THE FLORIDA BAR FLORIDA DEPT OF FINANCIAL SERVICES FLORIDA WATER RESOURCES JOURNAL INC BLUE CROSS BLUE SHIELD BLUE CROSS BLUE SIDELD BANK OF NEW YORK ADVANCED XEROGRAPHICS IMAGING JEFFREYL VOEGELE LINDSEY MATHENY FLORIDA DEPT OF BUSINESS & PROF ST LUCIE COUNTY BOCC JEAN PETERS CINTAS CORPORATION NO 2 VANWALINC JOSEPH W VASQUEZ FLORIDA RURAL LEGAL SERVICES INC RANDOM HOUSE INC COASTAL TECHNOLOGY CORPORATION FRANK BLAKE JOHNS EASTERN COMPANY INC PAK MAIL CENTER TCG SONRISE II LLC UNITED FOR FAMILIES DEBRA WILLIAMS ANIXTERINC DONALD GUST GLOVER OIL COMPANY INC GARYLEMBREY LARRY STEPHEN FAISON JOHN DEERE LANDSCAPE METRO FIRE PROTECTION SERVICES INC I ST FIRE & SECURITY INC KELLY J TURNER JR CONSOLIDATED ELECTRICAL DISTRIBUTORS INC KENNY CAMPBELL JR PETER OBRYAN SUNBELT RENTALS INC JOHNNY B SMITH MUNICIPAL WATER WORKS INC DANE MACDONALD MENTAL HEALTH ASSOCIATION CHARLES A WALKER ANDRE DORAWA FISHER & PHILLIPS LLP PENINSULAR ELECTRIC DISTRIBUTORS INC REDLANDS CHRISTIAN MIGRANT AS SOC SABRINA BRUNSON DANIEL lOFFREDO BENNETT AUTO SUPPLY INC RENAE CHANDLER TREASURE COAST FOOD BANK INC STORYTELLING WITH WINDELL CAMPBELL MARINCO BIOASSAY LABORATORY INC YOUTH GUIDANCE DONATION FUND NICOLACE MARKETING INC EQ THE ENVIRONMENTAL QUALITY COMPANY WILLIAM BOLTON SOUTHEAST POWER SYSTEMS OF ORLANDO

AMOUNT 2,551.82

600.00 300.00

16,837.61 288.00 379.47

80.94 1,875.00

18,774.80 400.00 120.00

1,125.00 172,073.00

200.00 494.11

90.00 190.00

2,278.20 242.25

18,990.18 500.00

5,972.02 439.63 500.00 590.92 500.00

1,261.00 93.13

97,216.57 120.00 40.00

400.00 165.00 432.00

60.00 988.16 120.00

15.59 824.30 114.00

1,942.40 90.00

1,144.61 120.00 308.00

3,804.95 3,555.11 2,509.16

50.00 60.00

162.60 80.00 43.00

250.00 2,005.00 5,400.00 1,050.00 7,537.02

190.00 2,845.06

3 8

CHECKNBR 300018 300019 300020 300021 300022 300023 300024 300025 300026 300027 300028 300029 300030 300031 300032 300033 300034 3Q0035 300036 300037 300038 300039 300040 300041 300042 300043 300044 300045 300046 300047 300048 300049 300050 300051 300052 300053 300054 300055 300056 300057 300058 300059 300060 300061 300062 300063 300064 300065 300066 300067 300068

Grand Total:

CKDATE 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/20!3 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013 6/27/2013

VENDOR SANDY ARACENA FLORIDA MEDICAID VERA SMITH GARRETT SMITH FDG FLAGLER STATION II LLC BUSHROSS PA ATLANTIC COASTAL LAND TITLE CO LLC STEVEN AABBOND YOURAQUA INSTRUCTOR LLC SAFETY SCHELL. CORPORATION PACE ANALYTICAL SERVICES INC DELRAY MOTORS OVERDRIVE INC DEPT OF HWY SAFETY & MOTOR VEHICLES RAYMOND J DUCHEMIN BORO BUILDING & PROPERTY MAINT INC INTEGRITY LAWNS & LANDSCAPING KEITH GROCHOLL KELLER AMERICA INC GFA INTERNATIONAL INC CM & S INDUSTRIES INC ROOF REPAIRS ONLY INC B & E PROPERTY MAINTENANCE CENTRAL FLORIDA GOLF CARS INC SHAWN GINN ASHLEY BROADHURST NORTH AMERICA FIRE EQUIPMENT CO INC REPROGRAFHIC SOLUTIONS INC FEMALAW ASSOCIATES PLLC AMERICAN MESSAGING SERVICES LLC LABOR READY SOUTHEAST INC KELLIE P KIELBASA WALKERTALK LLC LAURA BONNEY ALEXMIKLO ALLBEE INC JARRED GRAVELLE AGN SPORTS LLC JAMES GAUGER EVELYN GIOVINAZZO JOHN HEFFNER MARTHA OLIVER LEIGHANNE DAVIS ANDREW DZWOLAK UMR KENNETH R COLE MITCHELL GODWIN STEWART EVANS STEWART & EMMONS PA STEWART EVANS STEWART & EMMONS PA STEWART EVANS STEWART & EMMONS PA Mil, TON THOMAS JR

AMOUNT 120.00 97.71 54.00 72.00

ll,3!6.66 60.00

150.00 60.00

260.00 10,389.04

1,132.50 63.14

234.95 20.00

120.00 4,720.13 1,260.00

40.00 2,160.25

620.00 3,520.00 1,370.00

775.00 301.01

60.00 500.00 554.25

10.80 4,200.00

11.86 7,629.92

170.00 400.00 495.00 ll4.00 185-.00 60.00

800.00 93.83 71.24 77.56 95.10 37.14

985.27 189.89 229.13 126.00 817.21

10,213.18 10,000.00

642.48 1,335,217.13

4 9

CORRECTION TO AGENDA JULY 9, 2013

AGENDA ITEM: 8A

Pages 10 and 11 intentionally removed from

Agenda Item 8A due to formatting error

CORRECTION TO AGENDA JULY 9, 2013

AGENDA ITEM: 8A

Pages 10 and 11 intentionally removed from

Agenda Item 8A due to formatting error

TRANS NBR 2476 2477 2478 2479 2480 2481 2482 2483 2484 2485 2486 2487 2488

Grand Total:

ELECTRONIC PAYMENTS -WIRE & ACH

DATE 6/21/2013 6/21/2013 6/21/2013 6/21/2013 6/21/2013 6/21/2013 6/21/2013 6/21/2013 6/21/2013 6/24/2013 6/24/2013 6/25/2013 6/26/2013

VENDOR SENIOR RESOURCE ASSOCIATION COM SMITH INC ICMA RETIREMENT CORPORATION ICMA RET CORP NACO/SOUTHEAST IRC FIRE FIGHTERS ASSOC FLORIDA LEAGUE OF CITIES, INC NATIONWIDE SOLUTIONS RETIREMENT FLSDU IRS-PAYROLL TAXES IRS-PAYROLL TAXES BENEFITS WORKSHOP TYLERAGOLDPA

AMOUNT 147,647.00

12,366.11 11,599.84 1,910.00

40,696.27 6,120.00 5,172.39

301.98 7,797.88

362,395.89 262.07

3,211.90 67,802.47

667,283.80

12

CONSENT AGENDA JULY 9, 2013

88 Office of the

~\-------INDTAN RIVER-CUUNTY ADMINISTRATOR

Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Members of the Board of County Commissioners

Joseph A. Baird County Adtninistrator

July 1, 2013

Authorization to Attend Nabors Giblin & Nickerson Seminar

Out of county travel is requested for commissioners and staff to attend the Local Government Finance, Tax, Home Rule & Growth Management Seminar 2013 presented by Nabors, Giblin &

Nickerson, Attorneys at Law. It is being held on August 1, 2013 in Orlando, Florida. There is no charge for this Setninar.

Indian River Co ~proved Date

Administrator ~ 7 ~g-;:s Legal (/

(Replacement Page) 1 3

;:rrtr~r~:--f~~i;1;~~ · -"~;~ ; i~l;.i;ifrj5~Ei :r.,¥;e;!~t

\!' '-c~~i~ -· ·;~~- ~~~/:~ ~r~~! j~ ;~:g~mr~~-Ji ,g~~ .. ,~~-~ !Lf~J~~!l~

j;~!'gili=,!.~~'i'fLil!lil~~=?; .~;§t;~f~~J;]i oi~:~1 ·'jr;;m~¥liffil "~~r i.¥.fJ!;~ffi;1;rr ·· ,gir~~

. ~~t;~~~ij: "g::t ~=;;;g:~:~~;fl~i~!ii. iiT~I~~ ,g;ii,~m~: :l~-~?~jiiG t~liil§~J~~.:~ ;ll;~f,~~-~'

August 1, 2013

9:00-9:40

9:40-9:45

9:45:-10:30

1l~j;~!H).-, 1lili~,q~

11ljj~,~~~,;i1i1! i~3~l.

Registration and Continental Breakfast

Welcome and Introduction

Local Government Home Rule Robert L. Nabors and Mark T. MUStian An analysis of the· constitutional and statutory powers of local self-government and the preemption of taxation to the state. Included is a discussion-of gOVernance alternatives implementable by ordinance: or inteiloca.l agreement; ·Finally, .this ses_siOn will outlirie::~e constitutional status _and·rol_e _of.the.niUniCtRai:

urut:aiid-_the.iin

a

12:15-1:45

1:45-2:30

Lunch

The Pasco County Experience David A. Goldstein, Assistant County Attorney, Pasco County and Thomas G. Pelham, FAICP Analysis of Pasco County's mobility fee system implemented under home rule utilizing home rule tax increment funds to crea,te.fee

incentives for specific geographic areas··antHand. uses, Included is an ·explanation.ofthe--tiin~g

and phasing".reqtJireiJ;lents in~rpor~~~iltii -~-. alternatiVe. to transport.atiori_, concurtency:·Als~

' i

1.0 LOCAL GOVERN~l

Finance~ T ax.J Home Rule &_Gr~

Managemenz SEMINAR 201~

;j Registration Form 'j August 1, 2013 in Orlando. Florid<

Name

Title/Position

Company or Local Government

Address

City/State/Zip

Phone

Fax

Email Address

Mail, fax or email form by July 22,201' Angela Matherne, NG&N,

l 500 Mahan DriYe, Suite 200, Tallahassee, Flt

(850) 224-4073 (fax); [email protected]<

PROCLAMATION

·HONORING NORMAN L. WEUS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE

WHEREAS, Norman L Wells retired from Indian RiveT Cmmty Fire Rescue effective July 5,

1013; and

WHEREAS, Norman L Wells began his. jirejighting career with the Vero Beach Volunteer Fire Department in March of 1981. He began working for the Indian RiveT South County Fire District on August 1, 1981. On July 2$, 1981, he was promoted to Firejighter-EMT. On July 7, 1984, he became an Engineer. On May 15, 19fJO, he was promoted to Lieutenant On July 6, 1990, he was promoted to Lieutenant Trm'ning O.fjiceT. In 1992 Norman received his BS Degree in Fir*! Science from the University of Cincinnati. On Deeemb£r 10, 1999, he was promoted to Copttu'n. In 1999 he Teeeived his Poramedic license. On DecembeT 30. 2005, he was promoted to Battalion Chief for "A,. shift, which is the posUion he held until he retr_red. On July 20, 1012, he received his Executive FiTe Officer Degree from the National Fire Aclllkmy. He has J'eCf!ived numerous Lettei'S of AppreciQtion dlln'ng his ciJTeer; and

WJIEREAS, Norman L Wells set'l'ed this County and the Public with distinch!Jn and selj/essness. During his thirty-two yeai'S of service, he was dethi:ated and his work was greatly ~Jppreciated by his employeT and co-workers ~Jlike; and

NOW, THEREFORE, BE TI PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applt~~~ds Norman L Wells' efforts on behalf of the County, and the Board wishes to express their appreciation for the dediCated seJ'IIice he gave to Indian RiveT County for thiTty-two Jeai'S,~ and

BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfeh wishes for success in his future endea'VOI'Sf

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

Joseph E. FleseheT, Chairman

lJJiis is to certify tliat

Worman£. Well"r

is liere6y presentea tliis

· ~tirement }lwara

for outstarufino performance ana

faitlifuC service to

Inaian CJQver County c.Boara of County Commissioners

Por tliirty-two years of service

On tliis Jtli tfay ofJu{y 2013

Josepft 'E. 'Ftesclier Services (iJoartf of County Commissioner, Cliairman

TO:

THROUGH:

FROM:

SUBJE;CT:

DATE:


BOARD MEMORANDUM

Joseph A. Baird, County Administrator

Christopher R. Mora, P.E. V Public Works Director CONSENT AGENDA

James D. Gray, Jr. /.if' Coastal Engineer ~

Release of Retainage for Coastal Tech Work Order No. 13 Sector 3 Beach Restoration - 2012 Post Construction Monitoring Services

June 24, 2013

DESCRIPTION AND CONDITIONS

On December 13, 2005, the Board approved a contract with Coastal Technology Corporation, Inc. (Coastal Tech) for professional coastal engineering services in Indian River County for a three-year term, 2005-2008. On December 9, 2008, the Board renewed the contract until December 13, 2011. Additionally, on Aprill7, 2012 the Board extended the contract through completion of Coastal Tech Work Order No. 13.

Work Order No. 13 to this contract provided for services related to 2012 post construction monitoring for the Sector 3 Beach Restoration Project. The Board approved Work Order No. 13 amount was $459,206. All the tasks under this Work Order '13 are now 100% completed. Therefore, Coastal Tech is requesting release of withheld retainage in the amount of $45,920.60.

FUNDING

Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage is from Account # 128-206000-05054

F:\Public Works\JamesGISector 3\WO # 13 -Post Construction Monitoring 2012\Retainage Release\memo agenda retainage release CTC Work Order #13--7-9-13.docx

18

Page2 BCC Consent Agenda Item Sector 3 Beach Restoration July 9, 2013

RECOMMENDATION

Staff recommends the Board approve the release of retainage for Work Order No. 13 in the

amount of $45,920.60.

ATTACHMENT

Coastal Tech Invoice No. 184661- Dated 5/31/13

APPROVED AGENDA ITEM

FOR: July 9. 2013

Indian River Approved County

Administration KJ5, Budget ~ ;/lk legal

,.,,, h_l ..... Public Works ~ Coastal Division JDC,

F:\Public Works\JamesG\Sector 3\WO # 13 -Post Construction Monitoring 20 12\Retainage Release \memo agenda retainage release CTC Work Order# 13-· 7-9-13.docx

Date

*-7/z/D 1,.1_.,, b·J.Y..._!J,

~lz~h3

19

® fiEC'iCL.eO PAPER

e !?A~~::~!!~ c!!:~~~ 25225.18

COASTAL • ENVIRONMENTAL • CIVIL • ENGINEERING AND PLANNING

3625 20TH STREET, VEJ:10 8EACH, FLORIDA 32960.2409 PHONE: {772] 562-f3580 • FAX: (772) 562·8432

FINAL JNVOICE#184661 May31,20l3

James Gray lndian River County 1801 27th Avenue Vero Beach, FL 32960

RE: IRC Sector 3 Phase 1, Phase 2, & Phase 2B Post Construction Monitoring Services Work Order No. 13

Contract Amount = $459,206.00 Previously Billed = $459,206.00

Work Performed through May 31,2013.

Invoice for retainage held by County.

Total Amount Due This Invoice Balance Remaining in Contract= $0.00

= $ 45,920.60 @

Please make payment to Coastal Technology Corporation in the amount of $45,920.60. If you have any questions regarding tbis invoice, please contact me.

Sincerely, COASTAL TECH

~er.

INDIAN RIVEHGOUNTY PUBUC WORKS APPROVED DATE

DIRECTOR DiV.HEAD P.O.# ACCT.# ll.'il' • ZObOGO ~ (fj 0.)4 •

Sf.f"TOIL ;, Bef!l tl ~~f:-{lrnON

VERO BEACH • MELBOURNE • SARASQTA • AUSTIN

€' !:A~~~!!~ C!~R~I~ COASTAL • ENVIRONMENTAL • CIVIL • ENGINEEFIING AND PLANNING

3625 2011-l STREff, VERO BEACH, FLORIDA 32860.2409 PHONE: (n2) 562-8580 • FAX: {n2} 562-6432

@ fiEC'tGLED PAPER

25225.18

James Gray Indian River County 1801 27th Street V ero Beach, FL 32960

May 31,2013

RE: IRC Sector 3 Phase 1, Phase 2, & Phase 2B Post Construction Monitoring Services Work Order No. 13

Dear Mr. Gray:

Please allow this letter to serve as Coastal Tech's formal request for the release of retainage on the Indian River County Sector 3 Phase 1, 2, & 2B Post Construction Monitoring Services project. Enclosed please find one original Final Invoice #184661 in the amount of$45,920.60 . .j .

Please feel free to contact me at (772) 562-8580 if you have any questions.


Robe1t F. Hall Chief Financial Officer

VERO BEACH • MELBOURNE • SARASOTA • AUSTIN

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM


christopher R. Mora, P.Ev Public Works Director

James D. Gray, Jr. @ Coastal Engineer

CONSENT AGEND

Release of Retainage for Coastal Tech Work Order No. 12 Sector 3 Beach Restoration - Phase 2b Construction Phase Services

June 24, 2013

DESCRIPTION AND CONDITIONS '

On December 13, 2005, the Board approved a contract with Coastal Technology Corporation, Inc. (Coastal T-ech) for professional coastal engineering services in Indian River County for a three-year term, 2005-2008. On December 9, 2008, the Board renewed the contract until December 13, 2011. Additionally, on April 17, 2012 the Board extended the contract through completion of Coastal Tech Work Order No. 13.

Work Order No. 12 to this contract provided for services related to Phase 2b construction services for the Sector 3 Beach Restoration Project. The Board approved Work Order No. 12 amount was $200,354. As a result of overall task management, there was a total cost savings of $12,888.49 or approximately 6.4%; total amount expended on Work Order No. 12 was $187,465.61. All the tasks under this Work Order are now 100% completed. Therefore, Coastal Tech is requesting release of withheld retainage in the amount of $18,746.55.

FUNDING

Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retain age is from Account# 128-206000-05054

F:\Public Works\JamesG\Sector 3\WO # 12\Retainage Release\memo agenda retainage release CTC Work Order # 12-- 7-9-13 .docx

22

Page 2 BCCConsentAgenda Item Sector 3 Beach Restoration July9, 2013

RECOMMENDATION

Staff recommends the Board approve the release of retainage for Work Order No. 12 in the amount of $18,746.55.

ATTACHMENT

Coastal Tech Invoice No. 184650- Dated 5/31/13

APPROVED AGENDA ITEM

FOR: July 9, 2013 Indian River Approved County /""-..

Administration (( ~ Budget { ~ Legal luJKA! Public Works ~ Coastal Division JDG

F:\Public Works\JamesG\Sector 3\WO # 12\Retainage Release\memo agenda retainage release CTC Work Order #12-- 7-9-13.docx

Date

'/~113 ~/z B ,_,_.,) G-JV-lj

6/z1h~

23

~ RECVct.ED PAPER

COASTAL TECH COASTAL • ENVIRONMENTAL • OVIL • ENGINEERING AND PLANNING

COASTAL TECHNOLOGY CORPORATION :3625 20TH STREET. VERO BEAD-I, FLORIDA :32960-'2409 PHONE: (772)562-8580 • FAX: (772) 562-8432

25225.17

James Gray Indian River County 1801 27th Street Vero Beach, FL 32960

FINAL INVOICE #184650 May 31,2013

RE: IRC Sector 3 Phase 2B During Construction Phase Services Work Order No. 12

Contract Amount = $200,354.00 Previously Billed = $187,465.51

Work Perfmmed through May 31, 2013.

Invoice for retainage held by County.

Total Amount Due This Invoice Balance Remaining in Contract= $0.00

$18,746.55

Please make payment to Coastal Technology Corporation in the amount of $18,746.55. If you have any questions regarding this invoice, please contact me.


12-E. T.

! '"''''' ;,. ·;,lv;R COUNTY PUBLIC WORKS ,. .. ·-·· APPROVED DATE .,,......,.g • ..,.,..,

'1R •Ail

'_, ..... f

. ;,ccT.Hl.'X-ZOb000-050~

5E.cr0ft. 5 &€~ H t.er;rOt:ArtON

VERO BEACH MELBOURNE SARASOTA e AUSTIN

$ RECYCLED PAPER

COASTAL TECH COASTAL TECHNOLOGY CORPORATION

25225.17

James Gray Indian River County 1801 27'h Street Vera Beach, FL 32960

COASTAL • ENVIRONMENTAL • CIVIL • ENGINEERING AND PLANNING

3625 20TH STREET, VERO BEACH, R.OAIDA 32960.2409

PHONE: (772) 562-8580 • FAX: (772)562·8432

May 31,2013

RE: IRC Sector 3 Phase 2B During Construction Phase Services Work Order #12

Dear Mr. Gray:

Please allow this letter to serve as Coastal Tech's formal request for the release of retainage on the Indian River County Sector 3 .Phase 2B During Construction Phase Services project. Enclosed please find one original Final Invoice # 184650 in the amount of$18,746.55.

Please feel free to·contact me at (772) 562-8580 if you have any questions.


Robert F. Hall ChiefFinancial Officer

VERO BEACH "' MELBOURNE "' SARASOTA c AUSTIN

To:

From:

Date:

Subject:

Indian River County Interoffice Memorandum

Office of Management & Budget

Members of the Board

Jason E. Brown Director, Office of Mana em nt & Budget

July 2, 2013

Miscellaneous Budget Amendment 021

Description and Conditions

Consent Agenda

The attached budget amendment appropriates funding necessary for the following:

1. The Gifford Aquatic Center and the North County Aquatic Center need repairs to the ice machines at a cost of $2,000 each. Additionally, the North County Aquatic Center needs to replace the touch pads for the timing system, costing $1,900. The attached entry appropriates funding from MSTU/Reserve for Contingency in the amount of $5,900.

2. An additional server is needed for the Tyler Content Management. The attached entry appropriates funding in the amount of $8,000 from General Fund/Reserve for Contingency.

3. On June 18, 2013, the Board of County Commissioners approved Phase 4 Work for the Fire Rescue Operations Site with Barth Construction. The attached entry appropriates funding in the amount of $176,493 from Impact Fees/Cash Forward-Oct 1st.

4. On June 4, 2013, the Board approved Work Order #3 with Donadio and Associations, P.A. to perform a special needs analysis and site master plan and design of an evidence storage facility for the Sheriff. Additionally, on June 18, 2013, the Board approved Crime Scene Facility change order #2 with Proctor Construction Company. The attached entry appropriates funding in the amount of $205,079 from Impact Fees/Cash Forward-Oct 1st.

5. The balance of FPL mitigation escrow funds has been transferred to the MSTU Fund. The attached entry appropriates funding in the amount of $3,105 to MSTU/Parks/Other Contractual Services.

6. On September 15, 2009, the Board approved a local jobs grant for OcuCue, LLC. The payment schedule dictates the county to make a total of 9 separate payments. The June payment of $19,000 is a combination of payment #6 for $11 ,999,99; payment #7 for $4,666.67 and payment #8 for $2,333.34. The attached entry appropriates funding from General Fund/Reserve for Contingency.

26

Board of County Commissioners July 2, 2013 Page 2 of 2

7. Improvements are needed to the irrigation system and turf on the football field and Senior baseball field at Gifford Park. The attached entry appropriates $160,000 from Optional Sales Tax/Cash Forward-Oct 15 t.

Staff Recommendation

Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2012/2013 budget.

Attachments Budget Amendment 021 and Resolution

APPROVED AGENDA ITEM: Indian River County A oqved Oate

Administrator ~ If-&.- t3 Legal IJJfL 7,'%.- ,.~

Budget (Jits:' 7/'t-(1) Department )

~

Risk Management

27

RESOLUTION NO. 2013-__

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and

WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2012-2013 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2012-2013 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution.

This Resolution was moved for adoption by Commissioner _______ , and the motion was seconded by Commissioner ____ _ and, upon being put to a vote, the vote was as follows:

Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc

The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2013.

Attest: Jeffrey R. Smith Clerk of Court and Comptroller

By _________________ __

Deputy Clerk

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By _________________ ___


APPROVED AS TO FORM AND EGAL SUFF- I

BY

Exhibit "A" Resolution No. 2013· ~r~f~ Budget Office Approval: Budget Amendment 021

Jason E. Brrjwn, B ~dge'rDirector .

Entry Fund/ Departm~ount Name Number

Account Number Increase Decrease

1. Expense

MSTU/Gifford Aquatic Center/Other Machinery & 0041 0572-066490 $2,000 $0

Equipment

MSTU/North County Aquatic Center/Other Machinery & 0041 04 72-066490 $2,000 $0

Equpment

MSTU/North County Aquatic Center/Other Equipment 00410472-034690 $1,900 $0

MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $5,900

2. Expense

General i=ulid/ComPute(Services/EGP Equipment 00124113-066470 $8,000 $0

General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 . $8,000

3. Revenue

Impact Fees/Cash Forward-Oct 1st 103039-389040 $176,493 $0

Expense

Impact Fees/Fire Services/FS#13 Construction 10312022-066510-08006 $176,493 $0

4. Revenue

Impact Fees/Cash Forward-Oct 1st 103039-389040 $205,079 $0

Expense

Impact Fees/Public Buildings/Crime Scene Unit 10312113-066510-01004 $205,079 $0

Building Rennovation

5. Revenue

MSTU Fund/Mise Revenue/Reimbursements 004038-369940 $3,105 $0

Expense

MSTU Fund/Parks/Other Contractual Se!Vices 00421072-033490 $3,105 $0

6. Expense

General Fund/Agencies/Local Jobs Grant-OcuCue,LLC 00111015-088009 $19,000 $0

General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $19,000

29

~ ~

Resolution No. 2013-

Budget Office Approval: Budget Amendment: 021 Jason E. ~rown, /3udget Dire "or

I Entry Fund/ DepartrkmfAccount Name Account Number Increase Decrease

·Number

7. Revenue

Optional Sales Tax/Cash Forward~Oct 1st 315039-389040 $160,000 $0

Expense

Opitonal Sales Tax/Parks/Other Improvements Except 31521072-066390 $160,000 $0

Buildgins

30

I 4

I TO:

THROUGH:

FROM:

SUBJECT:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM


Christopher R. Mora, P.E., Public Works Director ~ Christopher J. Kafer, Jr., P.E., County Engine~ Indian River County Public Shooting Range Improvements to Skeet & Trap Facility and Hunter Safety Training Building

CONSENT

Approval of Agreement with Donadio and Associates, Architects, P.A. to Provide Professional Architectural and Engineering Services RFQ No. 2013017 -IRC Project No. 1213

DATE: July 1, 2013

DESCRIPTION AND CONDITIONS

On May 21, 2013, the Board of County Commissioners approved the ranking of the design professionals for the Indian River County Public Shooting Range Skeet & Trap Facility and Hunter Safety Training Building and authorized staff to begin negotiations with the top ranked firm, Donadio and Associates, Architects, P .A.

Attached is a proposed agreement for design and construction related services for the proposed facility. The proposed improvements would consist of the following:

1. 40' x 20' CBS Storage Building 2. Four (4) each Hi/Lo Skeet & Trap Houses 3. Three (3) Combination Skeet & Trap Fields 4. Three (3) Trap Houses 5. Improvements to Sporting Clay course 6. 300-yard Rifle Range 7. Vehicle parking area expansion 8. Stabilized parking area (for golf cart and overflow vehicles) 9. Repair two (2) existing rifle range baffles 10. Drainage modifications 11. Permitting 12. Parking lot lighting 13. Skeet & Trap field lighting 14. Landscaping

The Hunter Safety Training Building has been removed from the scope ofthis project. The Florida Fish and Wildlife Conservation Commission has agreed to design the building and construct itatthe location provided on the site plan for the facility. Permitting with St. Johns River Water Management District for this project will include the Hunter Safety Training Building.

F:\Public Works\ENGll.JEERING DMSION PROJECTS\1213-IRC Shooting Range-Skeet & Trap lmprovemnts & Hunters Train Bldg\Admim\agenda items\BCC Agenda memo Approval of Agreement with Donadio & Assoc 07-0l-2013.doc 31

PAGE TWO Christopher J. Kafer, Jr., P.E., County Engineer July9, 2013 Agenda Item

FUNDING

The proposed design services provide for a lump sum fee of $77,785.00 and not-to-exceed fees of $24,930.00 for construction related services (which will be paid on an hourly basis) and reimbursable expenses of $2,000.00, for a total of $104,715.00.

Funding for the design of the repair of the two (2) existing rifle range baffles is budgeted and available from Account No. 00416172-033490, MSTU/Shooting Range/other Contractual Services in the amount of$630.00.

Funding in the amount of $104,085.00 is available from Impact Fees/Parks/Sporting Clays Course-Skeet Trap, Account #10321072-066510-12001. For FY 12/13, $590,000 has been budgeted for this project. Under the County's code, all funds collected from recreation/park impact fees shall be used for the purpose of capital improvements to recreation/park facilities under the jurisdiction of the County and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the County.

RECOMMENDATION

Staff recommends the Board {1) find that the expansion of the Shooting Range is necessary to accommodate growth in the county and that such growth will benefit from the expansion and (2) approve the proposed agreement with Donadio and Associates, Architects, P.A. in the amount of $104,715.00 and authorize the Chairman to execute the agreement.

A TT ACHEMENTS

1. Agreement 2. Exhibit A {Proposal from Donadio and Associates, Architects, P.A., dated June 27, 2013)

DISTRIBUTION

1. Purchasing Division 2. Michael Zito, Assistant County Administrator 3. Holden Kriss, Range Manager 4. Anthony Donadio, Donadio and Associates, Architects, P.A.

Indian River County

APPROVED AGENDA ITEM Administration

FOR July 9, 2013 Budget

ov~d.J1m/ Legal

Pandmsliig -

General Services

Public Works

Engineering

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JNDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS TO SKEET & TRAP FACILITY

PROFESSIONAL CIVIL ENGINEERING AND ARCIDTECTURAL SERVICES CONSULTANT AGREEMENT

THIS AGREEMENT, entered into this __ day of 2013, between JNDIAN RIVER

COUNTY, a Political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as the COUNTY, and Donadio and Associates, Architects, P.A., 609 17"' Street, Vero Beach, Florida 32960, hereinafter referred to as the CONSULTANT.

WITNESSETH

The COUN1Y and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional civil engineering; architecture; structural, electrical, and mechanical engineering; environmental engineering; construction budgeting, technical specifications and provisions, and related services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth befow. This Agreement shall be referred to as the "CONSULTANT AGREEMENT".

The CONSULTANT shall provide professional consultant services including: civil engineering; architecture; structural, electrical, and mechanical engineering; construction budgeting, technical specifications and provisions and related services to the COUNTY for the Indian River County Public Shooting Range Improvements to Skeet & Trap Facility, and the consultant shall serve as the COUNTY's professional representative for the project as set forth herein, and any related or similar project as the COUNTY may deem necessary; and shall give professional civil engineering; architecture; structural, electrical, and mechanical engineering; environmental engineering; construction budgeting, and related advice to the COUNTY during the performance of the services to be rendered.

SECTION I- PROJECT LIMITS AND DESCRIPTION

The project limits shall include the County leased tract ofland, located at I 0455 102nd Terrace, Sebastian,

Florida.

Consultant services are required for the preparation of site and building construction plans, including civil engineering, architectural design, structural engineering, mechanical and electrical engineering, environmental engineering, preparation of working drawings, technical specifications and provisions, cost estimating, field observations and reports, and related construction administration services for the construction of site and building improvements necessary for the Indian River County Public Shooting Range Trap & Skeet Facility. The improvements will include design of:

I. Action pistol range 2. 25-point 300-yard rifle range 3. Sporting clays trail modifications 4. Three (3) combination skeet and trap fields 5. Four (4) 2-story hi-lo skeet houses 6. Three (3) trap houses 7. 800 square foot storage building

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8. Expanded paved parking lot with forty ( 40) parking spaces 9. Adjacent stabilized golf cart parking lot 10. Repair two (2) existing rifle range baffles

Basic services reqnired ofthe CONSULTANT are described in Section N Scope of Services.

SECTION II- GENERAL RESPONSIDILITIES

(I) Design services required by the Agreement shall be performed by qualified registered Florida architects, engineers and other design professionals. The contractual obligations of such

professional persons or entities are undertaken and performed in the interest of the COUNTY.

(2} The agreements between the CONSULTANT and the persons or entities identified in this

Agreement, and any subsequent modifications, shall be in writing. These agreements, including

financial arrangements with respect to this Project, shall be promptly and fully disclosed to the

COUNTY upon request (3) If the CONSULTANT believes or is advised by other design professionals retained to provide

services on the Project that implementation of any instruction received from the COUNTY would

cause a violation ofany applicable law, the CONSULTANT shall notifY the COUNTY in writing. The CONSULTANT shall not be obligated to perform any act which he believes will violate any

applicable law.

SECTION ill- COUNTY OBLIGATIONS

The COUNTY agrees to provide the following material, data, or services as required in connection with

the work to be performed under this Agreement:

(1) Provide the CONSULTANT with all available drawings, and other documents in the possession of the COUNTY pertinentto the project.

(2) The COUNTY shall be responsible for obtaining those permits required to perform the work to complete the project only if such permit requirements are established by regnlatory agencies after

the date ofthis Agreement.

(3) The COUNTY shall make provisions for the CONSULTANT to enter upon public or private

property as required for the CONSULT ANT to perform his services.

(4) The COUNTY will promptly execute all permit applications prepared by CONSULTANT that are necessary to expedite the acquisition of any local, state or federal permits made necessary by

the project.

(5) The COUNTY designates the County Engineer, or his designee, as Project Manager for the

Project. ( 6) The COUNTY shall provide existing environmental studies.

(7) The COUNTY shall attend meetings with agencies having jurisdiction and approval authority for this project, when requested by CONSULTANT.

(8) The COUNTY shall obtain the As-Bnilt drawings from the General Contractor awarded the

project. The project contract documents will be prepared to specify this requirement.

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SECTION N- SCOPE OF SERVICES

The CONSULT ANT agrees to perform professional services in connection with the project as required and as set forth in the following:

(1) GENERAL

(a) The CONSULTA,."'T will provide professional architectural and engineering consulting services for the preparation of site and building construction plans, including civil engineering, architectural design, structural engineering, mechanical and electrical engineering, environmental engineering, preparation of working drawings, contract documents, an opinion of probable cost, field observations and reports, and related construction administration services, for the construction of site and building improvements necessary fur the development of administration, operation, maintenance and storage facilities for the Indian River County Public Shooting Range Skeet & Trap Facility.

(b) The CONSULTANT shall prepare all building architectural and building engineering system 9esigns, including structural, mechanical, and electrical systems.

(c) The CONSULTANT shall prepare all site structure designs. The buildings shall be designed to comply with the wind pressure requirements in FBC 2010 Edition.

(d) The CONSULTANT will provide a site plan conforming to FBC 2010 accessibility requirements including building location, and accessible routes to all buildings and required entries and exits, pathways, parking, vehicular use areas, site lighting, light pole locations, utility and drainage facilities, site data and site calculations. The format for this documentation will be AUTO CAD 2009, and shall clearly show the area for placement of the building required in the program data.

(e) The CONSULTANT'S planning efforts fur the Indian River County Public Shooting Range Skeet & Trap Facility should take into account the following.

1. Site plan and building plan designs for the project to be mutually agreed upon by COUNlY staff and CONSULTANT

2. Construction Costs 3. The existing facilities, structures, utilities and stormwater systems, and capacity of

existing utility and stormwater management systems 4. Local and state Stormwater regulations and requirements 5. Flood zones, Wind Resistance, Building Codes, and life safety issues

(f) In order to accomplish the work described under this Agreement in the time frames set forth in this Agreement, the CONSULTANT will maintain an adequate staff of registered Architects, Engineers, technicians, and other employees and consultants on the work at all times.

(g) By executing this Agreement, the CONSULTANT represents to the COUNlY that the CONSULTANT is professionally qualified to act as the architect fur the project and is licensed to practice architecture by all public entities having jurisdiction over the CONSULTANT and the project. The CONSULTANT further represents to the COUNlY that the CONSULTANT will maintain all necessary licenses, permits or other authorizations necessary to act as architect for the Project until CONSULTANTS remaining duties, hereunder have been satisfied. The

CONSULTANT assumes full responsibility and will indenmify the COUNlY for the improper acts and omissions of its consultants or others employed or retained by the CONSULT ANT in connection with the Project.

(h) The professional services are to be provided in accordance with generally accepted professional architectural, engineering and design practices.

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(i) Nothing contained in this agreement shall create a contractual relationship with or a cause of action in fuvor of a third party against either the COUNTY or the CONSULTANT.

(j) Execution of this Agreement by the CONSULT ANT constitutes a representation that the CONSULT ANT has become fumiliar with the Project site and the local conditions under which

the Project is to be implemented. (k) The CONSULTANT will endeavor to comply with all federal, state, and local laws applicable to

this project. The CONSULTANT will endeavor to design the project in such a manner as to be in conformance with all current applicable federal, state and local laws, including current

accessibility guidelines as of the signing of this Agreement. (I) The CONSULT ANT will prepare all necessary sketches to accompany applications for any

required federal, state, or local permits. (m) The CONSULTANT shall report the status of this project to the County's Project Manager upon

request and hold all drawings, calculations and related work open to the inspection of the Project Manager or his authorized agent at any time, upon reasonable request

(n) The CONSULTANT, will prepare all permit applications, and will prepare and furnish copies of the drawings, specifications and contract documents, as required for federal, state and local agencies from which approval of the project must be obtained. All original documents, tracings and the like, includingitems furnished tu the CONSULTANT by the COUNTY jlilrsuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the

COUNTY upon completion of the work. ( o) The drawings prepared by the CONSULT ANT will be of sufficient detail to permit the actual

location of the proposed building improvements on the ground.

(2) CONSULTANTS SCOPE OF WORK AND PRODUCT DELIVERABLES

I. The CONSULT ANT will perform all necessary civil engineering, architectural, mechanical and electrical engineering and structnral design, environmental engineering and incidental work for the site and buildings. Based on the preliminary design development documents, final construction plans and technical specifications and provisions shall be prepared, establishing in detail the material and systems required for the project, including the incorporation of sustainable building and site design principles and systems.

2. The CONSULTANT shall Design and prepare a complete set of construction plans for the buildings suitable for obtaining County Site Plan Approval, Building Pennits, and other permits required for the work. The design shall be in accordance with the 20 I 0 Florida Building Code, current Life Safety Code and all federal, state and local codes. These plaus shall include:

(i) Architectnral (ii) Civil

(iii) Structural . (iv) Mechanical (v) Electrical (vi) Environmental

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3. The CONSULTANT shall design and prepare a complete set of site construction plans for obtaining County site plan approval, building permits, and other site development jurisdictional agency permits. These plans shall include:

(i) Site Plan (ii) Landscape design (iii) Site Electrical/site lighting (iv) Clearing, Earthwork, drainage and paving

4. The CONSULTANT shall prepare complete civil site development drawings for the construction of storm water management system requirements. All coordination with utility providers, design, relocation or routing, and scheduling shall be by the CONSULTANT.

5. Prepare Construction Documents. Prepare Technical written specifications and provisions for building and site work components.

6. Construction Cost Estimate(s): Based on 90% complete plans, prepare a detailed site construction plan cost estimate.

7. Permits: The Consultant will prepare all applicable permit applications for all government agencies with jurisdiction, including:

(i) Indian River County (ii) St. Johns River Water Management District (iii) Florida Department of Environmental Protection (iv) Army Corps of Engineers

Note: Building permits: Assist contractor with the building pennit review process. Provide plans, specifications and supporting documentation. Prepare response to building official.

8. The CONSULT ANT shall assist the COUNTY with the Contract Administration and Observations, including: attend progress meetings, review shop drawings and contractors submittals, and provide routine site observations to verizy the work is proceeding in accordance with the plans and specifications for the purposes of certification upon completion of the work. Observations shall be documented with written reports and digital photographs. The CONSULTANT will coordinate the responsibility for document review, meeting attendance, and observations with civil engineer, architect and other consultants. The construction period is estimated to be six ( 6) months, and CA and observation fees have been estimated by the CONSULTANT based on this time frame.

SECTION V- TIME FOR COMPLETION

(1) The time for completion of each project phase shall be as follows: Design, permitting- Six ( 6) calendar months Construction Observation Services - to run concurrently with consruction

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SECTION VI- COMPENSATION

(I) Compensation: The COUNTY agrees to pay and the CONSULTANT agrees to accept for services rendered pursuant to this Agreement, fees in accordance with the following:

(a) Fixed Fees (Lump Sum):

J. Design and Permitting related service (see Exhibit A) 2. Meetings and Coordination (see Exhibit A)

Total Fixed Fees

{b) Hourly Fees (Not To Exceed)

l. Construction Related Services (see Exhibit A) 2. Reimbursable Expenses (see Exhibit A)

Total

(2) Payment Schedule

$68,985.00 $8,800.00

$77,785.00

$24,930.00 $ 2,000.00

$26,930.00

{a) The COUNTY shall make monthly partial payments to the CONSULTANT. Payments shall be in proportion to the percentage of work completed for the billing period. Retainage may be withheld in accordance with "Section VIII-Partial Payments".

(b) The payments shall be due in accordance with F.S. 218, Local Government Prompt Payment Act

SECTION VII- EXTRA WORK

(I) In the event extra work is necessary by the CONSULTANT due to a change in scope of the project, and upon the issuance of an amendment to this Agreement for said Extra Work by the COUNTY, said Extra Work may commence upon receipt of a Notice to Proceed.

(2) Compensation for Extra Work shall be at a price to be negotiated between the CONSULTANT and the COUNTY, based on the CONSULTANT'S approved hourly rate schedule (shown in ''Exhibit B" of attached proposal), and approved by the Board of County Commissioners.

SECTION VIII- PARTIAL PAYMENTS

(I) The COUNTY shall make monthly partial payments to the CONSULTANT. (2) The CONSULTANT shall submit duly certified invoices to the COUNTY'S Project Manager. (3) The COUNTY shall withhold from each progress payment made to the CONSULTANT an amount

not exceeding I 0 percent of the payment as Retainage until 50-percent completion of the contracted design services.

( 4) After 50-percent completion of the design services purchased pursuant to the Agreement, the COUNTY shall reduce to 5 percent the amount of Retainage withheld from each subsequent progress payment made to the CONSULTANT.

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(5) Final payment and release of 5 percent retainage shall be made when CONSULTANT has, in the COUNTY'S opinion, successfully completed all aspects included in this Agreement (and any

amendments) and has submitted complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work.

SECTION IX- RIGHT OF DECISIONS

(I) All services shall be perforD1ed by the CONSULTANT to the satisfaction of the COUNTY'S Project Manager, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Project Manager's decision upon all claims questions and disputes shall be final conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable.

(2) Adjustments of compensation and time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the COUNTY'S Project Manager. In the event that the CONSULTANT does not concur in the judgment of the COUN'IY' S Project Manager as to any decisions made by him, he shall present his written objections to the County Administrator; and the COUNTY'S Project Manager and the CONSULT ANT shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable. The CONSULTANT may appeal the decision to the Board of County Commissioners.

SEcriON X- OWNERSHIP AND REUSE OF DOCUMENTS

(1) Ownership All reports, tracings, plans, specifications, contract documents, and other data developed by the

CONSULTANT for the purpose of this Agreement shall become the property of the COUN'IY and shall be made available by the CONSULTANT at any time upon request of the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Engineer.

(2) Reuse of Documents All documents, including but not limited to drawings and specifications, prepared by the CONSULT ANT pursuant to this Agreement are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. Any such utilization or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the CONSULTANT. The CONSULTANT shall not be held liable for any reuse of the documents and shall not be held liable for any modifications made to the documents by others.

SECTION XI- NOTICES

Any notices, reports or other written communications from the CONSULTANT to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the COUNTY'S project manger. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall be considered delivered when posted by certified mail to the CONSULTANT at the last address left on

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file with the COUNTY or delivered in person to said CONSULTANT or his authorized representative. Such in person deliveries shall be evidenced by signed receipts.

SECTION XII- TERMINATION

The obligation to provide further services under this Agreement may be tenninated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party or if the COUNTY determines it not in the public interest to continue this Agreement. In the event of any tenninations, the

CONSULTANT will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incorred by the CONSULTANT as a result of such tennination. The CONSULTANT will deliver to the COUNTY all work performed prior to termination of the Agreement.

SECTION XIII- AUDITS

The COUNTY reserves the right to audit the records of the CONSULT ANT related to this Agreement at any time during the execution of the work included herein and fur a period of one year after final payment is made.

SECTION XIV- SUBLETTING

The CONSULTANT shall not sublet, assigp, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the CONSULTANT shall cause the names of the architectural firm or engineering firms, responsible for the major portions of each separate specialty of the work to be inserted on reports or other data. It is anticipated that the CONSULTANT shall sub-contract the following portions of the work:

Contract Administrator: Civil Engineering: Architecture: Structural engineer: Mechanical, Electrical, Plumbing, And Fire Protection Engineers:

Landscape designers: Environmental Engineering

CONSULTANT- Donadio & Associates, Architects, P.A. CONSULTANT-G. Sean McGuire, P.E. CONSULTANT- Donadio & Associates, Architects, P.A. CONSULTANT-ML Engineering, Inc.

CONSULTANT- KAMM Consulting, Inc. CONSULTANT- Kimley Horn and Associates, Inc. CONSULTANT- Crossroads Environmental Consultants, Inc.

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SECTION XV- WARRANTY

The CONSULT ANT warrants that he has not employed or retained any company or person other than bona fide employees working solely for the CONSULTANT to solicit or secure this Agreement and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the DESIGNER any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For breach violation of this warranty, the

COUNTY shall have the right to annul this Agreement without liability.

SECTION XVI- DURATION OF AGREEMENT

This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof or until completion of the project as specified by the COUNTY'S ·Project Manager, whichever occurs later, or unless otherwise terminated pursuant to Section XII of this Agreement.

SECTION XVII- INSURANCE AND INDEMNIFICATION

During the performance of the work covered by this Agreement, the CONSULT ANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement.

(I) CONSULT ANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or sub-consultants. The cost of such insurance shall be included in the CONSULTANT's Basic Compensation. Architects and Engineers under subcontract with the CONSULT ANT shall have their own Professional Liability Insurance.

(2) Minimum Scope oflnsurance (a) Worker's Compensation as required by the State of Florida. Employers Liability of

$100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee.

(h) General liability $1,000,000 combined single limit per accident for bodily injury and property damage. COUNTY shall be an additional insured.

(c) Auto Liability $1,000,000 oombined single limit per accident for. bodily injury and property damage for owned and non-owned vehicles. COUNTY shall be an additional insured.

(d) Professional Liability Insurance providing coverage for negligent, reckless or intentional acts, errors, or omissions committed or alleged to have been committed by CONSULTANT with a limit of $500,000 per claim/annual aggregate. There shall be no more than $15,000 deductible per claim amount unless the CONSULTANT provides a

Certified Copy of a financial report which has been approved by the County Risk Manager. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect and consequential damages.

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(3) Any deductibles or self insured retentions greater than $15,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the CONSULTANT.

( 4) CONSULTANT'S insurance coverage shall be primary.

(5) All above insurance policies shall be placed with insurers with a Best's rating of no less than AVII. The insurer chosen shall also be licensed to do business in Florida.

( 6) The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market.

(7) The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement.

(8) The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance.

(9) CONSULTANT shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverages for sub-consultants shall be subject to all of the requirements stated herein.

(10) CONSULTANT hereby agrees to indemnifY Indian River County and Representatives thereof from all claims arising solely from negligent, reckless or intentional acts, errors or omissions of the CONSULTANT or CONSULTANT'S REPRESENTATIVES in the performance of Professional Services under this Agreement and for which CONSULT ANT is· legally liable.

(TilE REST OF TillS PAGE HAS BEEN INTENTIONALLY LEFT BLANK)

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SECTION XVHI- ENTIRETY OF AGREEMENT

A. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the su!1iect matter hereof that are not merged herein and superseded hereby.

B. No alteration, change, or modification of the tenns oftbis Agreement shall be valid unless made in writing and signed by both parties hereto.

C. Tbis Agreement, regardless' of where executed, shall be gnvemed by and construed in accordance with the Jaws of the State ofFlorida.

IN WITNESS WHEREOF the parties hereto have executed these presents this ___ ,dsy of 2013.

OWNER: BOARD OF COUNTY COMM.SIONERS INDIAN RIVER COUNTY, FLORIDA

Joseph E. Flescher, ~

Approved byBCC: ------

ATTEST: Jeffrey R. Smith, Clerk: of Court and Comptroller

Deputy Clerk

Approved as to Form and Legal Sufficiency:

Vage11of11

CONSULTANT COMPANY NAME: DON 0 AND ASSOCIATES,

Witnessed by:

t?Ja.ll.i t4 DA-vis Printed Name

F;\P'ubflcWwks\ENGlNE£RINGDMs!ONt'RO~Sbomi'll!i Rllnge-Skeet&Tr.~plm~mnb&Hun~Tr.Un llldA\Admim\bid ~h~nt PRF0;201.20211Donadlcutfl<i

""'"""

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June 27, 2013

Mr. Chris Kafer COUDiy Engineer Indian River County 180127"Street V ero Beach, florida 32960-3388

DONADIO & Associates, Architects, P.A.

RE: ARCHITECTURALIENGINEERJNG PROPOSAL lNDIANRIVER.COllNTY. l'UBLIC SHOOTING RANGE JMPROVEMENTS ARCHITECT'S PROJECT NO. 2013.04.1.2

Dear Mr. Kafer,

EXHIBIT A

In the content of this letter are Fees for Architectural/Engineering Services for The Indian River County Public Shooting Range Improvements located at 10455 1 ozn• Terrace, Sebastian, FL. The Scope of Project includes the design of; an Action Pistol Range, a 25-point 300-yd Rifle Range, a Sporting Clays Trail, three combination Skeet and Trap Fields, Four (4), 2-story Hi-Lo Trap Houses, Three (3) Trap House, an 800 SF Storage Building, an expanded paved parking lot with 40 parldng spaces, an adjacent stabilized golf cart parking lot and the repair of two (2) existing rifle range baffles.

The Fee fur these Architectural/Engineering Services shall be a Lump Sum and Not to Exceed Fee as follows:

Professional Services Fees LUMP SUM FEE .....•........................................................ $ 77,785.00 NOT TO EXCEED FEE $ 26,930.00 TOTAL FEE $104,715.00

If you have any questions please feel free to call.

Smcerely

Anthony J. Donadio, A.I.A., NCARB President

AJDJbc

609 11" Street Vero Beach, Florida 32960 Phone 772 794 2929 Fax 772 562 8600 Email [email protected] License No. AA0002238

44

SUNMARY PROSPOSED PROFESSIONAL SERVICES FEES I I Project Name; IRC Public Shooting Range Improvements

IRC Project No. 1213

DAA Project No.: 2013.04.1.2

CONSULATANT MANAGEMENT

TASK FEES FEE TOTAL FEES

A/E SERVICES Architectural $ 18,770.00 $ - $ 18,770.00 Structural Engineering $ 6,570.00 $ - $ 6,570.00 MEP Engineering $ 4,880.00 $ - $ 4,880:00

Civil Engineering $ 20,010.00 $ 1,000.00 $ 21,010.00 Environmental Engineering $ 10,000.00 $ 500.00 $ 10,500.00 landscape Architecture $ 3,405.00 $ 300.00 $ 3,705.00 Cost Con~ultant $ 3,250.00 $ 300.00 $ 3,550.00 TOTALA/E SERVICES lump Sum Fees $ 66,885.00 $ 2,100.00 $ 68,98S.OO

CONSTRUcriON RELATED SEVICES

Architectural $ 1,750.00 $ - $ 1,750.00 Structural Engineering r 750.00 $ - $ 750.00 MEP Engineering $ 910.00 $ - $ 910.00 Civil Engineering $ 1,050.00 $ 100.00 $ 1,150.00

l.llndsc.aRQ.Mcl\ite~Yre. .... . .. $ ... ..... - $ - $ -. ..... . .....

NTE BIDDING PHASE $ 4,460.00 $ 100.00 $ 4,560.00

Architectural $ 10,260.00 $ - $ 10,260.00

Structural Engin~ering $ 1,580.00 $ - $ 1,580.00 MEP Engineering $ 1,820.00 $ - $ 1,820.00 Civil Engineering $ 2,130.00 $ 200.00 $ 2,330.00 landscape Architecture $ 1,825.00 $ 150.00 $ 1,975.00 NTE CONSTRUCTION PHASE $ 17,615.00 $ 350.00 $ 17,965.00

Architectural $ 760.00 $ - $ 760.00 Structural Engineering $ - $ - $ -MEP Engineering $ 680.00 $ 50.00 $ 730.00 Civil Engineering $ 840.00 $ 75.00 $ 915.00 Landscape Architecture $ - $ - $ -NTE CLOSEOUT PHASE $ 2,280.00 $ 125.00 $ 2,40S.OO TOTAL NTE CONSTRUcriON RELATED SEVICES $ 24,355.00 $ 575.00 $ 24,930.00

MEE11NGS & COORDINATION Meetings $ 3,800.00 $ - $ 3,800.00 Coordination $ 5,000.00 $ - $ 5,000.00 TOTAL MTGS & COORDINATION Lump Sum Fees $ 8,800.00 $ - $ 8,800.00

NTE Reimbursable• $ 2,000.00 I$ - Is 2,000.00

TOTAL FEES $ 1o2,040.oo I $ 2,675.oo I$ 104,715.00

45

8 ' •

® '

. '

DONADIO & Associates, Architects, P .A.

REIMBURSABLE FEE ITEM

PRINTS 24" X 36" - Bond $2.50 per sheet

PRINTS 24" X 36"- Vellum $6.75 per sheet

PRINTS 30" X 42" -Bond $3.50 per sheet

PRINTS 30"X 42" -Vellum $8.75 per sheet .. -·

COPIES .25 cents per sheet

PHASER PRINTER BLACK & WlllTE COPIES . 75 cents per sheet

PHONE at cost

FACSIMILE $1.00 per sheet

CDRW $10.00 each

FOAM CORE BOARDS at cost

COLOR COPIES 8 Y. X 11 $1.50 per sheet

COLORCOPIESll X 17 $3.00 per sheet

COLOR COPIES PHASER PRINTER $1.50 cents per sheet

RENDERINGS at cost

BINDERS at cost

UPS at cost

Federal Express at-cost

609 17"' Street V ero Beach, Florida 32960 Phone 772 794 2929 Fax 772 562 8600 License No. AA0002238

46

/

CONSENT: 7/9/13 Office of INDIAN· RIVER COUNTY

Alan S. Polackw:ich, Sr., County Attorney William K.. DeBraal, Deputy County Attorney Brooke W. Oiom, Assistant County Attorney

MEMORANDUM

TO: Board of County Commissioners ~p

FROM: Alan S. Polackwich, Sr. - County Attorney

DATE: July 1, 2013

ATTORNEY

RE: Resolutions to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 17, 2Q13, through and including August 19, 2013, and August 21, 2013, through and including September 9, 2013

The Indian River County Board of County Commissioners has canceled regularly scheduled meetings during the two time frames of July 17, 20"13, through and including August 19, 2013, and then again on August 21, 2013, through and including September 9, 2013. During these two intervals, it is necessary and desirable that the Board delegate to the County Administrator, or his designee, the authority to call Letters of Credit that may expire during these two time intetVals. Further, it is necessary and desirable that the Board delegate to the County Administrator, or his designee the authority to execute all other documents necessary for the proper functioning of the County. In Resolution No. 2012-112, the Board delegated the authority to sign any resolution or proclamation of local emergency or state-wide emergency that affects Indian River County, together with any and all emergency orders and other acts required in connection therewith, to the County Administrator, or his designee. Resolution No. 2012-112 remains in full force and effect through December 31, 2013. Additionally, in Resolution No. 2012-113, the Board delegated to the County Administrator or his designee, the authority to sign resolutions on behalf of the Board to call letters of credit which may expire or othe!Wise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County. Resolution No. 2012-113 also remains in full force and effect through the calendar year 2013.

Funding:

There is no expense associated with this item.

Requested Action:

Authorize the Chairman to sign the two Resolutions as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the periods commencing July 17, 2013, through and including August 19, 2013, and also commencing August 21, 2013, through and including September 9, 2013, respectively.

lAhm t-PPROVED FOR 1-q -{\3 -"""'-Attadlments . B.C.C< ~:~;}GENOA,. '

4 7

----·~---·----...

! lndi'<ln Hiv.er Co. M~ oved Date

Admin. ;]) /f-,l,-P Legal /' 'l·ttf.S Sua get /' '/ftltS

~~-~t ··--,.., -


A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, 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 INCLUDING AUGUST 19, 2013.

WHEREAS, at the November 20, 2012 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing July 17, 2013, through and including August 19, 2013;

WHEREAS, Section 1 01.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners;

WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Com missioners declaring default or failure to post alternate security;

WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit;

WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and

WHEREAS, pursuant to Resolution No. 2012-112 and section 101.10(1) of The Code. of Indian River County, the Board of County Commissioners previously delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2012-112 remains in full force and effect; and

WHEREAS, pursuant to Resolution No. 2012-113, the Board of County Commissioners previously delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2012-113 remains in full force and effect.

48


NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing July 17, 2013, through and including August 19, 2013. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing July 17, 2013, through and including August 19, 2013, are to be accompanied by a copy of this Resolution.

2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 17, 2013, through and including August 19, 2013, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification.

3. The Effective Date of this Resolution is July 17, 2013, and this Resolution shall expire without further action of this Board at the close of business on August 19, 2013.

This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner ______ , and, upon being put to a vote, the vote was as follows:

Chainnan Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari

The Chairman thereupon declared this Resolution duly passed and adopted this __ day of ____ ,2013.

Attest: Jeffrey R. Smith, Clerk of Court and Comptroller

By __ ~~~~~---------Deputy Clerk

2


By_~-~~~~-~~---Joseph E. Flescher, Chairman

49

RESOLUTION NO. 2013. __

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS GALLING 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.

WHEREAS, at the November 20, 2012 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing August 21, 2013, through and including September 9, 2013; ·

WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners;

WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; ·

WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; ·

WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and

WHEREAS, pursuant to Resolution No. 2012-112 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2012-112 remains in full force and effect; and

WHEREAS, pursuant to Resolution No. 2012-113, the Board of County Commissioners previously delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2012-113 remains in full force and effect.

50


NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

I

1. · The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of Cqunty Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing August 21, 2013, through and including September 9, 2013. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing August 21, 2013, through and illcluding September 9, 2013, are to be accompanied by a copy of this Resolution.

2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing August 21, 2013, through and including September 9, 2013, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification.

3. The Effective Date of this Resolution is August 21, 2013, and this Resolution shall expire without further action of this Board at the close of business on September 9, 2013.

This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner _______ ,, and, upon being put to a vote, the vote was as follows:

Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari

The Chairman thereupon declared this Resolution duly passed and adopted this __ day of ____ ,2013.

Attest: Jeffrey R. Smith, Clerk of Court and Comptroller

By __ ~~~~----Deputy Clerk

Approved as to form and

legal sufficie~~~ By &f}

Cotty Attorney

2

BOARD OF COUNTYCOMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By_~-~~~~-=~---Joseph E. Flescher, Chairman

51

CONSENT


MEMORANDUM

TO: Joseph A. Baird; County Administrator

FROM: evelopment Director

DATE: July 1, 2013

SUBJECT: Request to Waive Bid Process for Updated Document Management System

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 9, 2013.

DESCRIPTION & CONDITIONS

For the past 1 0+ years, the Building Division has been scanning all of the documents that it needs to maintain for building projects. Those documents range from letter size submittals such as elevation certificates to full size plan sets. Overall, the scanning process has made document access and retrieval easier and more efficient.

The principal components of the scanning system are scanning hardware, scanning software, and computers. Recently, the scanning file server computer, which is a machine shared by Building and

. Utilities, was approaching its storage capacity. Although some redundant files were removed from the server to increase storage space, that is only a temporary solution. To address the long term storage needs, the County purchased a new file server with a significant amount of storage capacity.

While the new file server resolved the data storage issue, it created a new problem. That problem is that the new file server's operating system (Windows 8) is incompatible with the County's scanning software. That software, which is used by both Building and Utilities, must be either upgraded or replaced in order for the new file server to be usable.

In this case, the scanning software vendor is OCE. OCE is also the Building Division's scanning hardware vendor. In fact, the OCE scanning software was initially acquired because the Building Division purchased OCE scanning hardware.

Although Building and Utilities have used the OCE scanning software formanyyears, several issues have arisen recently. Besides the software/operating system incompatibility, there has been a responsiveness problem with OCE. Another issue is that the OCE system is proprietary and not open source.

F:\Community Development\Users\CDADMJN\A.GENDA\2013\Request to Waive Bid Process for Updated Document Management System

070913 BCC.doc

1 52

Because of the OCE issues, the Building Division did not pay the OCE scanning software maintenance fee for the current year. For that reason, the Building Division is not eligible for a software upgrade that could resolve the software/operating system incompatibility. Recently, Clear Village, the Building Division's e-permitting vendor, provided staff with a quote for a document management system. That proposal is attached to this staff report.

ANALYSIS

As proposed, the Clear Village document management system will be a web-based, open source application. With that structure, the system will be compatible with the inspection schedutinwposting tablet application that Clear Village created for the Building Division as well as thee-permitting system that Clear Village is currently developing.

By providing continuity among the various applications that Clear Village has developed for the Building Division, the Clear Village document management system will provide other benefits. Those benefits include easier access to documents by building inspectors in the field, more efficient indexing of scanned documents, and the ability to allow the public access to documents over the web.

In terms of pricing, the Clear Village document management proposal contains two components. The first component involves professional services and consists of installation and configuration, training, and importation of documents. The second component involves annual maintenance fees. In the attached proposal one-time and annual costs are shown for both Building and Utilities.

FUNDING

For Building, the one-time professional fees total $11 ,250. About half of that amount ($5,500) will be paid from money budgeted in the current year but not spent on OCE software maintenance. The remainder will come from the Building Division's Enterprise Fund fund balance. As to the annual maintenance, that amount ($4,800) is less than OCE maintenance which is already budgeted for next fiscal year.

For Utilities, the one-time professional fees total $7,350. Currently, there are sufficient funds in the Utilities Other Professional Services (Account 47123539-033190) line item to cover that expense. In terms of annual maintenance, there are sufficient funds in the Computer Software (Account 47123536-035120) line item to cover the expense. Both accounts are in the Utilities Operating Fund. Operating Fund Revenues are derived from water and sewer sales. Like Building, Utilities will have a lower maintenance fee with Clear Village than it currently has with OCE. In the case of Utilities, the annual savings will total $1,839.

F:\Community Development\Users\CDADMIN\AGENDA\2013\R.equest to Waive Bid Process for Updated Document Management System

070913 BCC.doc

2 53

:RECOMMENDATION

Staff recommends that the Board of County Commissioners waive the bid process and approve the attached Clear Village document management proposal.

Attachment:

1. Clear Village Document Management Proposal

APPROVED AGENDA ITEM: Indian River

Approved Date Co, Admin. t 7/~/0 Legal If. _} /-J-j~ Budget (' {V\ 7'/7-/13 Dept. tJ_J..,&' 7t :; .. r; Utilities 1{/f}J l .. i {2_ t?, RiskMgr. -

F:\Community Development\Users\CDADMIN\AGENDA\2013\R.equest to Waive Bid Process for Updated Document Management System

0709JJ BCC.doc

3 54

Executive Summary

Clear Village Document Management Proposal May 5, 201:>

Clear Village is committed to providing the best solutions for local government service delivery. Our technology

provides compelling benefits for citizens, the business community, county staff, budgets and the environment.

Under this proposal, Clear Village will provide an electronic document management solution for Indian River

County.

Electronic Document Management Under this proposal, Clear Village will provide an electronic document management system consisting of the

following:

1. An application to drive the Building Department's and the Utility Department's Scanner. The application

will allow users to remotely initiate document scans. Scanned documents can be categorized and tagged

to support searching and retrieval, as well as indicating the confidentiality of a document.

2. A web-based application will be provided to search the electronic document repository and to view

electronic documents. The application will be available to authorized users from anywhere with access to

Indian River County's network. The application will enforce document confidentiality.

3. An administrative console will be provided to configure document types, tags, and user authorizations.

4. The document management system will be configured to support the Building Department's Document

Types, Document Tags, and Confidentiality policies. The Department staff will be configured as users of

the system with appropriate authorizations.

5. Additionally, the document management system will be configured to support the Utility Department's

Document Types, Document Tags, and Confidentiality policies. The Department staff will be configured as

users of the system with appropriate authorizations.

6. The current OCE document management system can be used as an archive for existing electronic

documents. There are over 700,000 files in the OCE repository. Clear Village will provide services for the

Building Department and the Utilities Department to import the documents and the tags used to search

for the documents into the Clear Village document management system.

Clear Village will conduct interviews with representatives from each Department to document the types

of documents managed and the methods used to search for documents. Clear Village will write an import

program that will capture the tags (i.e. the information used by document searches) as well as the

electronic documents. The import program will load each Department's documents into the Clear Village

Server and will add the appropriate tags to support document searches. The analysis, import program

creation, the import process, and the quality assurance for the import process will require 2 to 3 weeks to

complete per Department.

7. The Document Management System will be installed on a County computer. A server class machine is

recommended. The server will need Microsoft liS and Microsoft SQL Server. The County is responsible

for provisioning the hardware for the Document Management System.

8. The Document Management System works with Clear Village's Cit_izen Portal and Clear Village's Staff

Portal used by the Building Department. This provides staff easy access to electronic documents

associated with permits, contractor registrations, etc. as the staff performs inspections, and reviews

permit applications. Additionally, electronic documents provided by contractors, businesses, and/or

Clear Village Inc.- Proprietary and Confidential Offer valid through May 31, 2013

55

citizens can be automatically uploaded, classified and tagged. This reduces scanning costs for the County

and frees staff time to better serve customers.

Professional Services & Training Professional services fees are a one-time fee required to implement the Clear Village solution. Our fees include all

setup and training required to equip your staff to manage the Clear Village solution on an ongoing basis. In

addition, all pricing is fixed fee so that you will never be concerned with the true cost to get your solution up and

running.

Clear Village will provide the following services to install and configure the document management system:

1. Configure the scanner driver and install the scanning software on computers of the County's choosing.

2. Configure document types, document tags, and confidentiality levels.

3. Configure users and user authorizations.

4. Install the document management server software on the hardware of the County's choosing.

Clear Village will provide the following training for County staff:

1. Administrator training covering how to configure the system including management of document types,

search tags, confidentiality settings, users, and user authorizations. Administrative training will also cover

backup and archiving procedures.

2. Scanning training covering how to use the software to scan documents. The training includes how to use

document types, confidentiality settings, and document tags.

3. Document Repository training covers how to search the document repository and view documents in the

repository.

Clear Village Inc.- Proprietary and Confidential

56

Pricing The fees for the Document Management System include one-time costs to install and configure the system, and to

train the staff, and annual charges for the software and its maintenance and support.

The one-time fees for professional services and training are as follows:

' Building Utilities Total

Installation and configuration: $3,800 $1,600 $5,400

Training $1,050 $1,050 $2,100

I m·[)ort Documents $6,400 $4,700 $11,100

Services Total: $11,250 $7,350 $18,600

The Document Management Software is provided on an annual license basis. The license fee includes

maintenance and support services. The software costs are as follows:

Building Utilities Total

Scanning software $1,400 $1,400 $2,800

Do!=.Ument ManagementServer $2,300 $2,300

Web Document Search & View $1,100 $1,100 $2,200

Annual Software Total: $4,800 $2,500 $7,300

The County agrees to reimburse reasonable travel expenses associated with delivering the implementation and training services.

Clear Village Inc.- Proprietary and Confidential

57

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DiSCUSSION

/081..

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.

PUBLIC DISCUSSION INFORMATION

Indian River Councy Code Section 102.04(10)(!!): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian River Coun!y Code Section 102.07<2): limit remarks to three minutes unless additional time is granted by the commission

NAME oF INDIVIDUAL oR oRGANIZATION: ....J.-tdt-~l.l.c'-.f..hl.::!q.J.e<-1(~_j_M~.~o__~rs2.:..._J..:__ ______ _

ADDRESS:d UJC:{ I::,+ c+ st PHONE:(77;;z)b;< 1--o l32? suBJECTMATTERFORDiscussmN: f...j1.&-vefi'{V1f- rJf c lt/!d c(/swdy

ori'-l'S Ct/4. cC 5peq_(c .?.n tt:?,fr..en 1- of ch.!Aren f (t>M·rl~ ' I .

IS A PRESENTATION PLANNED? 0 71 No .

::::=:P;:::P::~:::.:ION? ~:: il~. 0 ~ -..0

ARE PUBUC FUNDS OR ACTIVITIES REQUIRED? D Yes I

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET TillS REQUEST? __ AJ---,f-f_l±__.._ ___ _ I

Transmitted to Administrator Via: Interactive Web Form E-Mail Fax Mail Hand Delivered Phone

MEETING DATE:

58

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.

PUBLIC DISCUSSION INFORMATION

Indian River Countv Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian River Conntv Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

NAME OF INDIVIDUAL OR ORGANIZATION: Barbara Hoffman

ADDRESS: 736 18'" Street, S.W., Vero Beach, Fl 32962

SUBJECT MATTER FOR DISCUSSION: Attracting Business

IS A PRESENTATION PLANNED?

IS BACK-UP BEING PROVIDED

IS THIS AN APPEAL OF A DECISION

DYES

DYES

DYES

PHONE:

EJNo EJNo ~NO

772-713-0906

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?

Begin providing more employment for people in the county

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ~ YES DNO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?

Possible increase in job grant opportunities to attract new business

Transmitted to Administrator Via: Interactive Web Form E-Mail Fax Mail Hand Delivered

'f. Phone

MEETING DATE:

Document2 Board Approved lln/OG

59

Date:

To:

From:

Prepared By:

Subject:

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

June 28, 2013

Joseph A. Baird; County Administrator

Vincent M. Burke, P.E., Director of Utility Services (iff) Michael C. Hotchkiss, P.E., Capital Projects Manager )f/ )/..

CONSENT AGENDA ITEM

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

BACKGROUND AND ANALYSIS:

On September 18, 2012 the Board of County Commission (BCC) approved Work Order No.4 with Kimley Hom and Associates, Inc. (KHA) to design portions of the PC South ATS Site and the pipeline supplying stormwater from the South Relief Canal in the a,QI!)1l!J.f!of $94,700.00. Oil December 18, 2012 the BCC approved Amendment No. 1 to Work Order No. 4 for additional design services to aSsist in some of the ancillary bridge crossing and site plan design for an additional $40,800~00. The total approved contract amount for Work Order No. 4 to date is·$135,500.00. All design services associated with Work Order No. 4 has been completed. Both the ATS Site and the Stormwater Piping Project have been bid, and the County is reviewing bids to recommend awarding the contracts to the most responsive and responsible contractors.

KHA has been paid $134,684.00 to date for 99.4% of Work Order No. 4, including Amendment No. I. Final payment in the amount of $816.00 will complete the design services associated with, and the County's obligation for Work Order No. 4, including Amendment No. I.

FUNDING:

Funding for the South County Algal Turf Scrubber Stormwater Collection and Brine Conveyance Project Account is available in the Utilities fund Account Number 471-169000-12502. Funds for this project are derived from the Operating Fund. Operating fund revenues are derived from water and sewer revenues.

ACCOUNT NO· .. Description Account Number Amount

Work Order No.4 withKHAfor Design of the 471-169000-12502 $816.00

South County Brine Disposal

RECOMMENDATION:

It is Staffs recommendation that the Board of County Commissioners approve final payment in the amount of$816.00 for Work Order No. 4, including Amendment No. 1 with KHA .

60

:Page -2- CONSENT AGENDA ITEM

F:\"'Utilities\UTILITY- Engineering\WTP- South RO\Connec.tS Co RO to COVB Inj Well- UCP 3059\PC South Projec.t\27tb Ave Stormwater Pipe\Agenda- Approval of Work Order No.4 Final Pay to KHA.doc

A'I'TACIIMENT(s):

1. Invoice in the amount of$816.00 from KHAfor Final Payment for Work Order No.4, including Amendment No. 1 (I Page)

Tndian River Co. Approved Date

Administration _G~ 71~/Lo/ Utilities ~ 11 12113 Utilities Finance e&J I'~' ~I)

Budget '

riJI 7/'Z.{Yp Legal kl ::? y~:,g ...,

61

,.....--· . n Kimley-Horn ~ r , and Associates, Inc.

I nvoice for Professional Service

INDIAN RIVER COUNTY UTIUTIES DEPT.wr c .. : MIKE HOTCHKISS ;i v j _, ... ,

Invoice No: 5208935 May 31, 2013 Invoice Date:

1840 25TH STREET l! ,, , ..... R . " - . :· ••

::::

00

, ~CiJcc,C; Invoice Amount: $816.00

KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193-2520

Federal Tax Id: 56-{i885615

LUMP SUM

% Description Contract Value Complete

JRFWDC PERMffiJNG 4,800.00 100.00%

ERP PERMmiNG 36,000.00 100.00%

Subtotal 40,800.00 100.00Dfo

Total LUMP SUM

Total Invoice: $816.00

Indian Rive;(,_ ApproVId

Director

Assr. Director Engineer

Other

Amount Earned to Date

4,800.00

36,000.00

40,800.00

Data

Project No: Project Name:

044572.024.1 ATSADDIT!ONALPERMITTING HOWARD, FANNIE Project Manager:

Client Reference: 11/15/11 CONTRACT WO #4 AMEND #1

For Services Rendered through May 31, 2013

Previous Amount Current Amount Billed Due

4,704.00 96.00

35,280.00 720.00

39,984.00 816.00

816.00

ATTORNEY'S MATTERS: 7/9/13 /8 A TIME CERTAIN: 10:30 a.m.

Office of INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

MEMORANDUM

TO:

FROM:

The Board of County Commissioners e Alan S. Polackwich, Sr.- County~ney

DATE: July1,2013

SUBJECT: 10:30 a.m. Attorney-Client Session: Indian River County v. Turner Construction Company. et al., Nineteenth Judicial Circuit, Case No. 312011 CA002999

I request advice from the County Commission regarding settlement negotiations and strategy relating to litigation expenses with regard to the case styled Indian River County v. Turner Construction Company. et al.. in the Nineteenth Judicial Circuit, Case No. 312011 CA002999.

Prior to going into private session, Florida Statute 286.011 (8) requires the Chairman to read the following statement:

"This is the commencement of the attorney-client session. The estimated time of the closed attorney-client session is 30 minutes. Present at the meeting will be Commissioners Wesley S. Davis (Vice Chairman), Tim Zorc, Peter D. O'Bryan, Bob Solari and me, Joseph E. Flescher (Chairman). Also present will be County Attorney Alan S. Polackwich, Sr., County Administrator Joseph Baird, and a certified court reporter. At the conclusion of the closed attorney-client session this public meeting will be reopened."

After the attorney-client session the Chairman is required by statute to state the following:

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"The public meeting is hereby reopened, and the attorneyclient session is now terminated."

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ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attcrney

MEMORANDUM

TO: Board of County Commissioners

FROM: Alan S. Polackwich, Sr., County Attorn~ f' DATE: June 26, 2013

SUBJECT: New Proposed County Attorney Contract Form

On June 4, 2013, the Board of County Commissioners approved a contract hiring Dylan Reingold as the new County Attorney. During the discussion, County Attorney Polackwich advised the Board that, in his opinion, the form of the County Attorney contract needed to be rewritten; that it had been revised so many times over the years that it no longer read as a professionally prepared, internally consistent document. The Board directed Mr.Polackwich to prepare and present a revised contract form.

Before discussing the revised form, it is noted that the current transition from one County Attorney to another presents a perfect opportunity for the Board to consider a revised form. When Mr. Polackwich first began employment, in the interest of simplifying the contract process, he accepted the proposed contract form with few changes. With each renewal, he maintained the same contract form. Although he believed that the form needed to be rewritten, he hesitated to raise the issue because of the obvious conflict involved in rewriting his own contract. Now that Mr. Polackwich is leaving, it is the perfect opportunity for him to rewrite the contract, without any personal stake in the new contract form.

As stated at the June 4, 2013 meeting, the intent of the undertaking was to improve the form, while maintaining the same substantive terms and conditions. That has been accomplished in the new proposed contract form, with four minor additions or changes. In short, Mr. Polackwich, removed from any personal interest in the matter, prepared the contract form as he would have if hired by the Board of County Commissioners as an outsi4e, private attorney to prepare a new contract form. With that said, the additions or changes are:

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MEMORANDUM June 26,2013 Page 2

• The current contract form provides that the County Attorney's salary shall be increased by any cost-of-living increases granted to other county employees. This language was changed slightly in section 5 to state that the increase will not take effect earlier than six months after the initial commencement date or a subsequent anniversary date of the County Attorney's contract. This was done to avoid the situation where the Board and the County Attorney agree· on an initial or renewal year salary, and other county employees receive an increase shortly thereafter. Without the change, the County Attorney's salary would automatically increase shortly after it had just been agreed upon. With the change, it would not increase for at least six months.

• The current contract form is silent with respect to the process for annual renewal. The new proposed form states in section 7 that the County Attorney will bring his/her contract to the BCC for renewal no later than 30 days prior to the expiration of the then-existing term.

• The current contract form contains a mixture of discipline and termination for cause provisions in sections 3 and 8. These were combined and simplified in section 8 of the new proposed form. New Section 8 also recognizes that in a contract which (a) may be terminated by either party for any reason upon 30 days notice, and (b) does not provide severance or other termination benefits, the concept of termination for cause does not carry the same significance as it might in other contracts where longer notice periods and severatJ.celtermination benefits are at stake. The new proposed form allows for immediate termination for cause, with the right to an appeal hearing before the BCC if the County Attorney disagrees. However, if the County Attorney requests an appeal hearing anc' '"Jrevails, the only consequence is that he/she will be paid for the 30 day period that Would have been required in a termination without cause.

• Additional "standard" contract provisions were added in sections 10 through 16.

Mr. Polackwich has reviewed the new proposed contract form with the new County Attorney Reingold, and Mr. Reingold is agreeable to the changes. Copies of the new proposed contract form, as well as the current contract form (for comparison) are attached.

RECOMMENDATION

County Attorney Polackwich recommends that the Board review and approve the new proposed contract form, and that the Board and new County Attorney Reingold adopt and sign the new contract form in place of the existing contract approved on June 4, 2013.

ATTACHMENTS

New Proposed County Attorney Employment Agreement Existing County Attorney Employment Agreement

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COUNTY ATTORNEY EMPLOYMENT AGREEMENT

TillS AGREEMENT ("Agreement") is entered into as of 201__, by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("Board of County Commissioners") and · ("County Attorney").

WHEREAS, the Board of County Commissioners desires to employ the County Attorney, and the County Attorney desires to accept such employment, as the County Attorney for Indian River County, Florida ("County''), in accordance with the terms and conditions set forth herein,

NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree, as follows:

1. Recitals. The above recital is true and correct, and is incorporated herein.

2. Emnlovment. The Board of County Commissioners hereby employs the County Attorney, and the County Attorney hereby accepts such employment, as the County Attorney for Indian River County, Florida, for an initial term of one year commencing -=--~-=---' 201_ ("Commencement Date"). Such employment shall be full-time and exclusive; the County Attorney shall not perform compensated legal work for any other person or entity, without the approval of the Board of County Commissioners.

3. Duties. The County Attorney shall report directly to, and shall be under the direction of, the Board of County Commissioners, which shall determine the specific duties and matters to be undertaken by the County Attorney. The primary duty of the County Attorney shall be to provide legal advice and support to the Board of County Commissioners. In addition, the County Attorney shall (a) provide legal advice and support to the County Administrator, and the administrative departments of the County, (b) provide legal advice and support to the other commissions, boards, councils and committees of the County, (c) manage the County Attorney's Office to ensure that resources of the office are applied efficiently and responsibly, (d) prepare an annual budget for the County Attorney's Office, and (e) hire, promote, demote or dismiss all employees of the County Attorney's Office in accordance with the personnel rules of the County or, if applicable, the employee's contract or the provisions of the Code of Indian River County. All legal advice and support shall be provided in a professional, competent and timely manner.

4. Ethical and Legal Standards of Conduct. The County Attorney shall comply with (a) the Rules Regulating the Florida Bar, including, without limitation, the Rules of Professional Conduct, (b) generally accepted ethical standards for the practice of law, and (c) all other applicable federal, state and local laws, rules or regulations applicable to the practice oflaw. In addition, the County Attorney shall comply with all federal, state and local criminal laws, and shall refrain from committing any act which, in the sole opinion of the Board of County Commissioners, adversely reflects on the County or its reputation, is contrary to the best interests

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of the County, or would be the basis for employee discipline under AM 801.1 of the the Administrative Policy Manual ("Behavior of Employees"). The County Attorney shall notify the Board of County Commissioners within three days of being formally charged by law enforcement, the State Attorney, the Florida Bar, or any other such entity, with conduct violating the rules, standards or laws set forth above.

5. Salary. The County Attorney shall be paid an annual salary of $-:-:----:---:----,=-' payable in 26 bi-weekly payments of $ adjusted for required deductions. The County Attorney's salary shall be increased by any general or cost-of-living increases granted to other full-time, non-contract employees of the County; provided, however, that such increase shall not take effect earlier than six months after the Commencement Date, for increases occurring during the initial term, or earlier than six months after the annual anniversary date, for increases occurring during a renewal term.

6. Benefits. Except as modified herein, the County Attorney shall receive the same benefits as are available to full-time, non-contract employees of the County. In addition, (a) the County Attorney shall receive fifteen days of vacation annually, calculated from the Commencement Date or the annual anniversary date of employment; provided, however, that if the County Attorney's employment terminates for any reason at a time when the County Attorney has taken more vacation days than have accrued at the rate of 9.375 hours per month, the County Attorney shall reimburse the County for the overused vacation days, which amount may be deducted from the County Attorney's final paycheck(s), (b) the County shall pay a car allowance in the standard amount for senior County employees receiving a car allowance, (c) the County shall pay for the cost of Continuing Legal Education necessary for the County Attorney to maintain good standing in the· Florida Bar, or to maintain legal Specialty certification(s), or otherwise as determined necessary and appropriate by the County Attorney to perform the duties set forth herein. The cost of Continuing Legal Education shall include travel, lodging and expenses, in accordance with § 112.061, Florida Statutes, (d) the County shall pay the County Attorney's Florida Bar dues (including section fees), Indian River County Bar Association dues, and Florida Bar certification or recertification fees, and (e) the County Attorney shall be included in the "Senior Management Service Class" of the Florida Retirement System.

7. Renewal. This Agreement is not a continuing contract and shall not automatically renew upon expiration of the initial or any subsequent term; rather, this Agreement shall only be renewed by execution of a renewal agreement by both parties. Each year, the County Attorney shall schedule the renewal of his/her employment agreement as an item for consideration by the Board of County Commissioners at a meeting to be held no later than 30 days prior to expiration of the then-existing term of the agreement.·

8. Termination.

A. Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. Upon termination, expiration or non-renewal of this Agreement for any reason, the County shall not be obligated to pay, and the County Attorney waives any right to receive payment for, any unused, accrued vacation or sick time, any severance payment, any health insurance premiums, or any other form of payments, other than payment of salary through

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the final day of employment; provided, however, that this subsection shall not be construed to deprive the County Attorney of any earned benefits under the Florida Retirement System, or similar deferred income or retirement programs.

B. Notwithstanding the requirement of 30 days Written notice set forth above, the Board of County Commissioners may terminate the County Attorney's employment immediately, upon a finding by the Board of County Commissioners of good cause. For the purposes of this section, the term "good cause" shall mean any of the following: (a) loss by the County Attorney of his/her right to practice law in the State of Florida, (b) gross negligence in the performance of any duties set forth in ·section· 3 above, or repeated failure to perform such duties in a professional, competent or timely manner, or (c) reasonable cause to believe that the County · Attorney has violated the terms and conditions of this Agreement, including, without limitation, the ethical and legal standards of conduct set forth in section 4 above.

C. In the event that the Board of County Commissioners terminates the County Attorney for good cause, the County Attorney shall have the right to request a hearing before the Board, which shall be held as soon as reasonably possible. The County Attorney Shall exercise such right by delivering Written notice requesting a hearing to the Chairman of the Board, within five business days of the Board's decision to terminate for good cause. In the event that the County Attorney prevails in such hearing, the Board's decision to terminate for good cause Shall automatically be deemed to have been a 30 day notice of termination pursuant to subsection 7A above, and the County Attorney's sole remedy under this Agreement shall be payment of unpaid salary and benefits for the 30 day period following the Board's decision to terminate for good cause.

D. Nothing in this section 7 Shall be interpreted to prevent the Board of County Commissioners from imposing any other form of discipline short of termination, such as probation, suspension (with or without pay), etc.

9. No Property Rights. The County Attorney shall not acquire any property rights in employment or continued employment as a result of this Agreement, but shall obtain ouly those contractual rights described herein.

10. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party.

11. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in :full force and effect.

12. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida.

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13. Jurisdiction and Venue. Exclusive jurisdiction and venue for any proceedings arising out of or relating to this Agreement shall be in the county or circuit court sitting in Indian River County, Florida.

14. Waiver of Jurv Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY W AlVES ITS RIGHT TO TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON-JURY TRIAL.

15. Amendment. This Agreement may be amended or modified only by subsequent Vlritten agreement signed by the County Attorney and the Board of County Commissioners.

16. Entire Agreement. This writteri Agreement constitutes the complete and fmal agreement of the parties. No prior or contemporaneous statements of the parties shall be binding or effective, unless set forth herein.

IN WITNESS WHEREOF, the parties have caused this agreement to be dnly executed at Vero Beach on the date set forth above.

COUNTY ATTORNEY

Approved:

County Administrator

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BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

By: __ ~--~~--~~--------Joseph E. Flescher, Chairman

Date Approved by BCC: __________ _

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" ·''

EMPLOYMENT AGREEMENT BETWEEN

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND

DYLAN T. REINGOLD

THIS AGREEMENT mad~ and enteted into as of Ju\le 4, 2.013 by and between the Board of County Commissioners· of Indian River County; Flor~aa, a political subdivision of the State of Florida, hereinafter called "County'' and DylanT. Reingold, hereinafter called "County Attorney," for employment commencing July l, 2013.

WHEREAS, Indian River County desires io employ the services of Dylan T. Reingold as County Attorney, alld

WHEREAS, Dylan T. ~eingolJl desi'N.fl to attept .employment as Indian River County Attorney, and

WHEREAS, the State of Florl_da. ba:s developed a $epior Man:agement Clas~ within the Florida Retirement System, and

WHEREAS, the County Attorney has been desfghllte.d a. memb.er of ihe Senior Management Class, and

WHEREAS; designated membership in the·SeniorManagement Class·reqwres that:

1) employees serve atJhe pl.easilte uti!¢ir eliiPlO.)'er, ·Jind 2) employees I]lay not lr<ive a ~on~mingcol}(ra.Gi; and

WHEREAS, the County Attorney, as a CountyOfficetWofks llitectly for the Board of County Conunissioners,

NOW, TliEREFORE, in consideration of:the· mutualcovenants herein contained, the parties agree as follows:

SECTION 1. COUNTY ATTORNE'PS UUTIES

In consideration of County Attorney's employmehtl!Y the County, County Attorney shall devote full time and attention to the practice of lil.W m.tliehiilf.ilt. Ino;lian R!.ver CounlY an,tl shall not undertake any compensated outside re~;J.I .wprk, Urtle$S pthe:rwtse authorized by the County.

County Attorney's law prl\ctice on behalf of the County shall l!l.e under the direction of tli,e Board of County Commissioners: of Indian rover County, who shall deterliline . the. Oliltt.ers to be assigned to County Attorney, the sp.ecific: duties to be pl}:tfQ:nned hy CoU1'\ty Attorney, and reasonable standards of performance to be :maiiJ.fHiow. ·

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SECTION 2. GENERAL POWERS OF THE COUNTY

Subject :t.o the Rul~ -of Professional Conduct, as established and amended by the Supreme Court of Fl<~rida, and all applicable laws, regulations, and rules of court, the Comity shall have the power to. review all work performed; to determine the time and. manner of the performance of all work, and to determine standards of performance, _all of which shall be reasonable.

SECTION 3. ETHICS. UNLAWFUL CONDUCI', AND ARRESTS

A, Collnty AttO.I'iley shall abide by and perform all assigned dutje$ in accoroant:e with ili:e_ -ethiQs o£ tlie !¢gal profession and all federal, state, l!lld county htWs; regulations and· ordina_nees rflcgul!)ting the practice of-law.

B~ County .Attorney shall immediately notify the County Cortunis~iOii ·withirt ·3 ~a)'& of contact \'\lbtin information hi!$ been filed by .a proseeuting official against 'himlher, when i_ndiCi!ild l:ly a Gra_nd .(iJry, or when arrested, for any offense or vielation of law; -or if any disciplinarY aetfun is imposed by ihe Supreme Court of Florida including, but not limiXed {O, probation, suspension,. or dii;batmertt. The Commission shall determine if it is Jn the best hitere.sts of th~ CountY to:

1. Retain County Attorney in his/her regular position pending ~ourt disposition; ·and/or

:2-, Place: County Attorney on leave with or without pay l!n.til such time as any charges are disposed of by trial, acquittal, dismissal, .conviction, or other judicililactiort;, and/or

~i lrii_ti!l;te di$cipli11ary action up to and including termination.

In- the evenl·that County Attorney is retained pending the resolution of the chilt)ll'l!i> iil.ld pleads:nolo aontendete or, guilty, or is found :gmlty of any job related offense r.fr any off¢.n$~\llat would a:dverseJy 1mp.l¢t: the C()pnty -Or the employment status of the Officer, or which WO\ild t!lnd :to llff~<;t f;4e Qfficer'-s r~atio)lShip· to the job or fellew workers, or negatively reflect on the reputation of :County goverilment, County Attorney may be terminated from employmelit, without severan-ce ot cornpen!latioil _per S:ection 9. Severance of this itgtellmeilf.

SECTION 4. ANNUAL COMPENSATION

For all services rendered County Attorney shall be_ paid ·;1 sal:at.Y: (bl!Se pay) pf One Hundred .a:tid Forty ThoUSand Ddilars ($140,000.00) ann!lally, payal)Je in 26 bl-w~ekly instllllmenJ\> .of $S;3'$it62. ~~~ adjusted for necessary deductions. Countj Attgmey's sQiary shall be increased by ~;~ny cost-of-liy1hg increases -granted other Ceunty emplayees and with the same effectiv.e date~ · Salary increases per Section 7. Terms shall be adjuste.d as. ofthe co:intne'ftcement date of this:Agreemerit,unless oiherwise authoriz!ild.by the Cotin..ty, In addit~on to s~aey. Co!ll)!Y

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Attorney's compensation includes a car allowance in the standard amount for senior County employees receiving a car allowance.

SECTION 5. ADDITIONAL BENEFiTS

County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy· Manual. TheSe rights and benefits are available to County Attorney on the same terms ·and con.diti.on& that. they at¢ avm1$le to a full-time, regular noncontract employee; provided, however, specific; terms of this employment agreement shall control and govern if there is any conflict with benefits and ·rights afforded under the County Administrative Policy Manual. County Attorney shall receiVe; fifteen days of vacation leave annually, available beginning on the ernpioymentaniiiYetsaty date e.ach year. In the event that County Attorney's employment with Cotrnty .tetl.ltinates for ~y f!lason at a time when County Attorney has taken more vacation days than b.ave.'.actll.Tett. at the· rale ·of 9.375 hours per month, County Attorney shall reimburse Courity f0r the .overused v.acall:on days, which amount County may deduct from County Attorney's' finai pa:ycheck(s). Vaca:ti:On Iea:ve shall not accrue above the maximum allowed by the Col.!nty Admlni5ttattve l>o.1itiy Mit!iUal. In addition, Continuing Legal Education as neeessaey to maln.tli!n '(:etti:fi.~lltie!T& and lta:r membership, and additional Continuing Legal Education deemed relevant or apprcpriaie by Couri~y Attorney will be paid by County. The term "Continuing Legal Edu.cati<:m" liichides travel, lodging, and per diem expenses. County shall pay County Atlornei~ Florida ~ar dues, Btotida Bar section fees, board certification or rellettification fees, ;md, [qq;d pJ!l" <l$l!OOJa_tion dullS; County Attorney is included in the "Senior Management ~rvic"' Class'' ofthe·FioridaR'etirernent.System,

SECTION .6, CONTRACT

The County Attorney acquires no-.properiy rights in·.employment but has only contractual rights set forth or incorporated by referencejn lhis.employmelit agteement.

SECtiON: 7. TEBM

This employment contract is· fm one year ftoili the. c.cili1iliencerilent date Written above. The Contract is not oontiiluin·g in .iJifttir<:!. and must be teileWed 0n. ll)i annual bl\Sis. Renewals shall be under the same ti:tins as thi$ agre®Je.nt or as o~i;Wis~ agr~d to Q'y the parties, except that Section 4. Annual Comp.~psa~~on may be ·~ereased, County· shall provide County Attorney at least 30 days' written notice in the,event. .. of no.n•renewal.

A. This contrac~ m!ly be termimited at will by. The County or by County Attorney upon 30 days' written notie.e _given to tfie other plift)i; Cou'QtY Auomey waives any right to be paid for unused accrued annual leave.; vaciltion tit si~k leave ·t.Une in the event the contract is terminated or not renewed by.either piiity·for any reason.

B. The Board of County Commissioners may also, for cause;. terminate the employment of County Attorney at imythne wfuitsOeVer, by .®tmative vote, of not le_ss than

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three (3) members of the Board. County Attorney shall be entitled to a hearing before the Board if,· within .five (5) b\l·siness days of termination, he so requests i"n wriiing to the Chairman, of the Boar<! of County Commissioners. In the event County Attorney is term,inate.d for cause, county shall be· under no obligation to pay severance or provide 30 dayS' nolice pet SectrPn. 9. Severance of this agreement. The term "for cause" shall be deemed to inc!u:de: gross negligence in the handling_ of County affairs; willful violation of the provisions of law; . willfully disregarding a .direct and lawful order, demand, or policy of the Board 0f County C:0mmissioners; conduct un:beaol;):)ing.!J public employee; habitual drug abuse; conviction of a felony; ot coiiViCtion of any crime involvin,g. moral turpitude or relating to· official duties; .or lo~s or. si_!spension of !icen.sll to praetice law in :the State. of Florida. For the purposes of this pllfagtaph, if the County Attorney pleads ~ilty otnolo contendere or if found guilty of a felony, he shall be' deemed "to. have been C.OJ;lV[~t~q, notWitb.s~ljll!ling a ·suspension of sentence or a withholding of adjudicllti<in.

SECTION 9. SEVERANCE

If t)le- Co1-mty (emlinates this contract at any time or in the: event 0f the Co.u'itty's failure to. renew an employment .agreement with County Attorney, Couhty ·sh~l not b"e oblfgat¢d to pay any severance. or mai!Uain Co,unty A.Uortwy -~th .iJ!su!"lul~:e ttiverage or ]:i,IIY. QQ'\mty AtJ:o/®Y health insuranCe, pr!mliums, ·provided, however, County Shall provide 110 1ess ihan a 30 days' nptice of tel,')Dln<~,tiol;l without c.ause.

IN WITNESS WHEREOF, the parties have caused thi$ agreemem.to: be duty ·~x~cuted atVero Beach ot1 the date s.et forth above. · ·

A;tte~t: J4'frey R. Sm;ith, Clerk of Court, and .Comptro-ller

By:_~~ Depuiy Clerk

. . B-aird,. Ce.unty Administrator

BOARD OF .COUNTY COMMISSlONERS OF INDIAN-RIVER COUNTY, FLOIUIM,

Date Approved by :ace: Oll{l161 3

COUNTY A'I'TORNE.Y

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ATTORNEY'S MATTERS: 7/9/2013 i~


ATTORNEY

Alan S. Polackwich, Sr., County Attorney Wtlliam K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

\ ~ard of County Commissioners

rilliam K. DeBraal - Deputy County Attorney

June 28, 2013

Re: Termination of Covenants Deferring Sidewalk Development for Millstone Landing P.O. Phases 2 and 3

AND

Re: Resolution Delegating to the County Administrator or Designee the Authority to Execute Future Terminations of Covenants Deferring Sidewalk Development and Maintenance Security Development

Re: TERMINATIONS FOR MILLSTONE LANDING P.O. PHASES 2 AND 3:

In October, 2009 the original developer of Millstone Landing P.O. Phases 2 and 3, recorded a Covenant to Defer Sidewalk Development for certain lots within each phase. By the recording of those covenants, the developer agreed not to sell any lots or obtain any building permits for construction within the deferral area until such time as the sidewalks were constructed or security pos~ed with the County. The deferral area consists of Lots 185-250 in Phase 2; and Lots 59-70 in Phase 3.

The original developer was foreclosed on, and currently the project is owned by SLV Millstone, L.L.C., the successor developer. An option available to the successor developer because of ownership of the lots and control of the

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homeowners association, was the ability to amend the restrictive covenants to provide for the sidewalk construction along certain lots to be the responsibility of the lot purchaser before that lot purchaser could receive a Certificate of Occupancy for a residence for the respective lot. The successor developer did record an acceptable amendment to the restrictive covenants making it the responsibility of each respective lot owner of the deferred lots within Phases 2 and 3 to construct a sidewalk before a Certificate of Occupancy is obtained for a residence for the respective lot. Since the successor developer has satisfied the requirements of Indian River County Code Section 913.09(5)(b)2.a to take those lots out of deferral, the Board of County Commissioners can now authorize the Chairman to execute a Termination of Covenant Deferring Sidewalk Development for both Phases 2 and 3, which would facilitate the sale of those lots and the ability to obtain building permits.

Re: RESOLUTION DELEGATING AUTHORITY FOR FUTURE TERMINATIONS OF DEFERRALS FOR BOTH SIDEWALKS AND MAINTENANCE SECURITY

Subdivision projects that were platted prior to February 17, 2009, by code, were allowed to defer sidewalk construction and the posting of security to guarantee sidewalk construction as well as to defer the posting of security to warranty the required road and drainage improvements. The developer had to make application with the County and, if approved, then executed and recorded in the public records a covenant to defer a designated area of the subdivision, with the understanding that the lots within the deferral area could not be sold or building permits obtained until security was in place; or, in the case of sidewalks, alternative to putting security in place, construct the sidewalks, or a restrictive covenant could be recorded making it the responsibility of the respective lot owner to construct the sidewalk segment before a certificate of occupancy is obtained, thus relieving the developer from the obligation.

As development projects are starting to resume, and where the developers meet the requirements of taking the deferral areas out of "mothballs" to sell individual lots, time has become critical for closings and being able to apply for building permits, given that the recorded deferral covenant requires Board approval to terminate the deferral covenant. Recognizing that the Board does not meet every week, and given the upcoming summer months where the Board is not scheduled to routinely meet, it appears to be in the best interest of the County and the public to streamline the process of terminating covenants deferring sidewalk development and maintenance security without undue delays by the County. For these reasons, and because this process is administrative in nature, presented herewith for consideration is a Resolution authorizing the County Administrator or his designee to execute Terminations of Covenants Deferring Sidewalk Development as well as Terminations of Covenants Deferring Maintenance Security Development so long as the respective document bears

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approval signatures of the County Attorney or designee, the Public Works Director or designee, and the Budget Director or his designee. Additionally, Section 1 01.05.1.q of the Code allows- the Board to authorize the County Administrator or his designee to perform other duties on behalf of the Board.

FUNDING:

There is no cost associated with this matter. Fees for recording the Terminations are to be borne by the Developer/Successor Developer as the case may be.

REQUESTED ACTION:

1. Authorize the Chairman to execute the attached Termination of Covenant Deferring Sidewalk Development for both Millstone Landing P.O. Phase 2 and Millstone Landing P.O. Phase 3 for recording in the Public Records of Indian River Couflty, Florida.

2. Adopt the attached Resolution delegating authority to the County Administrator or designee to execute future terminations of deferrals with respect to sidewalks and maintenance security.

Alternatively, if the Board does not desire to adopt the attached Resolution, it is requested that the Board authorize the Chairman to execute the attached two Terminations for Millstone Landing P.O. Phases 2 and 3.

nhm Attachments:

Termination of Covenant Deferring Sidewalk Development for both Millstone Landing P.O. Phases 2 and 3

Resolution delegating authority for future terminations of both sidewalk deferral and maintenance security deferral

3

76

TERMINATION OF COVENANT DEFERRING SIDEWALK DEVELOPMENT

WHEREAS, SHELBY HOMES AT MILLSTONE, INC., the former owner of portions of property known as Millstone Landing P.O. Phase 2, as recorded in Plat Book 23, Pages 19·23, Public Records of Indian River County, Florida, imposed a Covenant to Defer Sidewalk Development affecting certain property within the subdivision which was recorded in Official Record Book 2374, Page 673 of the Public Records of Indian River County, Florida; and

WHEREAS, the current owner, SLV Millstone, L.L.C., has now requested the Board of County Commissioners terminate the Covenant to Defer Sidewalk Development recorded in Official Record Book 2374, Pages 673, and in consideration thereof, the owner recorded a Second Amendment to Declaration of Covenants and Restrictions in Official Record BoOk __ , Page __ , of the_ Public Records of Indian River County, Florida; and

··-···· .............. ·----~----- ....•..... ~- ---"-·. ___________ _. _____ _

WHEREAS, the termination of said Covenant to Defer Sidewalk Development over the property described in Official Record Book 2374, Page 673 requires the approval in writing by the Board of County Commissioners of Indian River County by recorded document;

NOW, THEREFORE, by this instrument the Board of County Commissioners of Indian River County terminates the Covenant to Defer Sidewalk Development recorded in O.R. Book 2374, Page 673, Public Records of Indian River County, Florida.

WITNESS the hand and ·seal of the undersigned, this __ day of July, 2013.

ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller

By: __ ---::=----:--=::--:-----Deputy Clerk

APPROVED AS TO FORM

:z~1Jlf!l WILLIAM K. DEBRAAL

DEPUTY COUNTY ATTORNEY


By~--~~=-~--~~------Joseph E. Flescher, Chairman

BCC approved:. _____ _

•

77

Jc' 1.

TERMINATION OF COVENANT DEFERRING SIDEWALK DEVELOPMENT

WHEREAS, SHELBY HOMES AT MILLSTONE, INC., the former owner of portions of property known as Millstone Landing P.O. Phase 3, as recorded in Plat Book 23, Pages 42-45, Public Records of Indian River County, Florida, imposed a Covenant to Defer Sidewalk Development affecting certain property within the .subdivision which was recorded in Official Record Book 2374, Page 668 of the Public Records of Indian River County, Florida; and

WHEREAS, the current owner; SLV Millstone, L.L.C., has now requested the Board of County Con;~missioners terminate the Covenant to Defer Sidewalk Development recorded in Official Record Book 2374, Pages 668, and in consideration th~reof, .the owner_ record~d a Seconc:f . Amen_di'J1ent to Declaration of Covenants and Restrictions in Official Record Book , Page. __ , of the Public Records of Indian River County, Florida; and

WHEREAS, the termination of said Covenant to Defer Sidewalk Development over the property described in Official Record Book 2374, Page 668 requires the approval in writing by the Board of County Commissioners of Indian River County by recorded document;

NOW, THEREFORE, by this instrument the Board of County Commissioners of Indian River County terminates the Covenant to Defer Sidewalk Development recorded in O.R. Book 2374, Page 668, Public Records of Indian River County, Florida.

WITNESS the hand and seal of the undersigned, this __ . day of July, 2013.


By:. __________________ __

Deputy Clerk

APPR·O_.·VE·D·A-.S. TOW. RM ~JJJ/Q~CI F WllLIAMK.DEiiRML DEPUTYCQUNTY ATIORNEY


By ____ ~=-~-~~----Joseph E. Flescher, Chairman

BCC approved:. _______ _

78


A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO EXECUTE TERMINATIONS OF COVENANTS DEFERRING SIDEWALK DEVELOPMENT AND COVI:NANTS DEFERRING MAINTENANCE SECURITY DEVELOPMENT.

WHEREAS, subdivision projects that were platted prior to February 17,

2009, by Code, were allowed to defer sidewalk construction and the posting of security

to guarantee sidewalk construction as well as to defer the posting of security to

warranty the required road and drainage improvements; and

WHEREAS, in instances where developers wished to "mothball" certain

areas of their subdivision project for economic reasons, they made application to the

County for deferral, and if approved, then executed and recorded in the public records a

covenant to defer a designated area of the subdivision, with the understanding that the

lots within the deferral area could not be sold or building permits obtained until security

was in place; or, in the case of sidewalks, as an alternative to putting security in place

or constructing the sidewalks, a restrictive covenant was recorded making it the

responsibility of the lot owner to construct the sidewalk segment before a certificate of

' c •

79

RESOLUTION NO. 2013-;___

occupancy could be obtained, thus relieving the developer from further obligation to

construct sidewalks; and

WHEREAS, when development resumes, and where the developers meet

the requirements of taking the deferral areas out of "mothballs" to sell individual lots,

time becomes critical for the developer because that the termination of deferral

covenants requires Board approval; and

WHEREAS, given that the Board of County Commissioners generally

does not meet on the last Tuesday of each month, and less frequently during summer

months, it is in the best interest of the County and the public to streamline the process

oLterminating .. deferral covenants so thaUbe.developer..can .. proceed .without undue

delays and expense; and

WHEREAS, the termination (and execution) of standard terminations of

deferral covenants is administrative in nature and does not require the attention of the

Board; and

WHEREAS, Section 1 01.05.1.q of The Code of Indian River County

allows the Board to authorize the County Administrator, or his designee, to perform

other duties on behalf of the Board.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the above recitals are

affirmed, and the County Administrator or designee is hereby delegated authority to

execute standard terminations of deferral covenants with respect to sidewalks and

maintenance security for road and drainage so long as the respective document bears

2

80

RESOLUTION NO. 2013--__

approval signatures of the County Attorney or designee, the Public Works Director or

designee, and the Budget Director or designee.

This resolution was moved for adoption by Commissioner ______ _

and the motion was seconded by Commissioner _______ , and, upon being

put to a vote, the vote was as follows:


Wesley S·. Davis, Vice Chairman

Commissioner Tim Zorc

Commissioner Bob Solari

The Chairman thereupon declared the resolution duly passed and adopted

this day of ____ , 2013.


By:---=--.,.....-,:::-:--,----Deputy Clerk


By~-~~~~~~~---Joseph E. Flescher, Chairman

3

81

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

TO: Members. of the Board of County Commissioners

DATE: July 3, 2013

SUBJECT: Lagoon Project of Interest

FROM: Chairman, Joseph E. Flescher Commissioner, District 2

July 9, 2013 ITEM 14A.1

I would like to have an open discussion regarding a proposed project for Indian River Lagoon revitalization.

82

Pilot Oyster Reef Project For Nutrient Removal And Habitat Restoration

The Indian River Lagoon (Lagoon) is one of the most diverse coastal ecosystems in the continental U.S. Recent changes in the density and distribution of seagrass communities have negatively affected potential habitat and refugia for select invertebrates and juvenile fish species in the Indian River (River) section of the Lagoon between the C.R. 510 Bridge and the S.R. 60 Bridge. Such changes, if persistent, may eventually negatively influence fisheries in this section of the River.

Changes in water quality conditions may be linked to decreased seagrass occurrence between the two bridges. Indian River County (IRC) constructed the Spoonbill Marsh (SBM) in part to remove nutrients directly from the River. This nutrient removal is accomplished by pumping water from the River to a static mixer on the SBM site where it is blended with demineralization concentrate from the North County Water Treatment Plant and then discharged into SBM. The blended water then flows through the SBM and eventually back into the River.

An oyster colony has beendevelopingin SBM sincetheprojectwent on-line in August 2010. Water quality conditions in the River have had no negative effect on the oyster population in SBM, In fact, oyster are now distributed throughout the SBM and provide potential habitat and refugia for many invertebrate and juvenile fish species. SBM now supports a significant population of Snook, Red Drum, Mangrove Snapper, and blue crabs.

This project proposes to construct a small oyster reef in the River that would be similar to the one developing in the SBM. The oyster reef in the SBM has not been negatively affected by the water quality conditions in the River over the past two years. Therefore, the proposed oyster reef is not expected to be influenced by similar water quality conditions.

The purpose of the proposed oyster reef is to improve water quality conditions in the Indian River and to provide potential habitat and refugia for invertebrate and juvenile fish species. The occurrence of these species within the boundaries of the oyster reef is expected to attract larger game fish to the site. The proposed oyster reef also is expected to remove nutrients from the River and from the FDOT ditch discharging to the River at a point adjacent to the northeast comer of the SBM site

The proposed oyster reef would be approximately 0.25 acres (0.10 Ha.) in size and located just to the northeast of SBM off the FDOT ditch located along the northern boundary of SBM, see Figure 1. The base of the oyster reef will be formed by 2.0 ft. by 4.0 ft. 18 gauge wire mesh panels that will be pinned to the sediments. Concrete rubble will be stacked on top of the wire mesh base. The s~e concrete rubble will generally range from 0.5 ft. to 2.0 ft. pieces that will be hand stacked to form discrete clusters that range in size from approximately 4.0 ft2 to 25 ft2 in diameter. The clusters will be randomly interspersed through the project area with approximately 2.0 ft. to 2.5 ft. of bare sand between the clusters, see Figure 2.

Page 1 of 2

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83

The four comers of the oyster reef will be marked using buoys or 2.0 inch PVC pipe with reflective tape and labeled as "Indian River County Oyster Reef Project Area".

The oyster reef will be located at a point off-shore that will maintain 8.0 inches of water over the reef at low tide. 1be oyster reef will be located in an area that has been monitored since 2008. Seagrass has not been found in thi~ area since 2008, and was not present when the site was inspected in June 2013. The River bottgrn.\(tthe proposed oyster reef site is nearly level and is composed of fine sands intermixed with orgimi.c.al;ctimulations. There are no noticeable significant benthic structures or communities present witJiin the project area. Therefore, the proposed oyster reef will not affect significant benthic resources or fishery habitat.

This project will include three tasks. The first task will include preparation of the St. Johns River Water Management District and U.S. Army Corps of Engineers permit applications.

The second task wilUnclude construction of the oyster reef.

The third task will fnclude follo-W-up monitoring of the oyster reef. This monitoring will include measuring the colonization rate and growth or oysters and other invertebrates on the reef, the presence of juvenile fish species, and the occurrence of game fish in the areas around and over the reef.

The cost to complete the three tasks listed above will be $28,500.00. The County will be responsible for permit fees.

Page2of 2

84

OYSTER REEF

CORNER POST 2' PVC 'w'ITH REFLECTIVE TAPE (4) REQUIRED

CONCRETE RUBBLE 6' TO 24' PIECES. HAND STACK IN CLUSTERS 8' BELO'w' 'w'ATER SURFACE 'w'ITH OPEN SPACE OF 24' TO 30' BET'w'EEN CLUSTERS. CLUSTERS VARY IN SIZE 2' TO 5'.

'w'IRE BASE - 'w'IRE MESH PANELS 2'x4'-18 GA. PINNED TO BOTTOM OF DESIGNATED REEF AREA. CONCRETE RUBBLE TO BE PLACED ON TOP OF 'w'IRE BASE

~---------150' ----------~

OYSTER REEF

INDIAN RIVER LAGOON

11,250 SQ. FT. 114 ACRE

I 75'

40'

OYSTER REEF FOR TMDL- HABirAT RESTORATION NO SC~LE MAY 2013

-ART-

;

TO:

DATE:



Members of the Board of County Commissioners

July 2, 2013

SUBJECT: Action Plan for the Indian River Lagoon

FROM: Peter D. O'Bryan, Commissioner District 4

ITEM 14.C.1 July 9, 2013

I would like to request the Board to consider implementing an Action Plan for the Indian River Lagoon

Additional back-up will be provided.

86

Additional Bacl,ground for

ASSUMPTIONS FOR ACTION PLAN Agenda Item 14.C.l

THINGS WE KNOW NOW

~ There has been a significant loss of habitat for juvenile fish and other organisms in the lagoon.

~ There are multiple sources of nutrients entering the lagoon including upland runoff sources (agriculture activities, runoff from cattle, domestic pet waste, residential fertilizer use, grass clippings, etc) as well as possible sources from old septic tanks leaching into the water table.

~ The Indian River Lagoon is a significant economic driver having a positive $3.7 billion annual contribution along its 156 mile length. Economically, it's worth fixing.

~ Stopping pollution at its source is the most cost effective solution to lagoon pollution

~ Restoration activities will range from relatively inexpensive to significantly expensive. It will require the coordination of local, state and federal agencies to implement solutions. Most importantly, it will require the support of the general population. A healthy lagoon benefits the entire community. It will take the entire community to help fix it.

THINGS WE DON'T KNOW NOW

~ What really caused the seagrass die-off. There seems to be multiple theories with the primary ones as follows.

o Hyper saline conditions in the northern portion of the lagoon (north of Melbourne) either killed off the drift (macro) algae (without drift algae to uptake nutrients microalgae blooms resulted, thereby killing off sea grasses due to sunlight blockage), or hyper saline conditions are more favorable to microalgae, allowing them to bloom and block sunlight to the sea grasses. In addition, some of the blooms, in patticular the brown algae, may be directly toxic. The microalgae blooms migrated south into Indian River county, killing off sea grasses down to 17'11 St. bridge. (see attachment 1.)

o Excessive nutrient run off into the lagoon triggered microalgae blooms, again killing off sea grasses by blocking sunlight.

o Excessive hydrogen sulfide released from mosquito control impoundments, converts to sulfate and deposits into the sediment at levels high enough to be directly toxic to sea grasses, killing off the grass. With sea grasses gone and unavailable to uptake nutrients, microalgae blooms result.

o In all scenarios, two winters of extremely cold weather (20 10, 2011) plus summer upwelling of deep, cold, nutrient rich waters may have weakened the sea grasses and/or macro algae and left them more susceptible to the other impacts.

);> In all likelihood, we will not know the true cause of the die-off.

);> How much impact each source of nutrients has on the lagoon. While there is agreement that too many nutrients are entering the lagoon, there is not enough scientific data to identify which source( s) are having the greatest impact.

);> What is the solution to fix the lagoon? There doesn't seem to be a 'magic bullet' for the solution. In all likelihood, as the impacts are multiple and complex, the fix will also be multiple and range in complexity.

);> How much will it cost to fix it? As per the bullet above, remediation will range from relatively inexpensive to significantly expensive, depending upon the scope and complexity of the project. However, a long term total cost approaching$500 million would not be unreasonable to plan and budget for. Remediation will need to be phased in as short, medium and long range projects with identified funding sources, which will probably include local, state and federal monies.

WHAT CAN WE ASSUME GOING FORWARD

);> The lagoon won't get better unless we take action. We need to make a total commitment to take a leadership role in the lagoon recovery. While future remediation projects will be dependent upon research work yet to be done, there are many other projects we can begin implementing immediately. Let's get to work!

SHORT TERM STRATEGIES

INDIAN RIVER COUNTY ACTION PLAN

FOR THE INDIAN RIVER LAGOON

~ Intensify educational efforts with our state legislators, in particular the Governor, on the importance and economic benefit of the lagoon, so research/remediation money does not get vetoed out of state budgets.

~ In addition, lobby our Federal legislatures to direct EPA and ACOE to issue rules that provide a "no harm" rule for alternative ag practices. This is the biggest hold up to a couple of pilot "water farming" projects.

~ Begin TMDL reductions and habitat restoration. o Oyster bed pilot project at FDOT freshwater outfall, building on success of

Spoonbill Marsh, oysters filter water, create lost habitat for food chain, create recreational fishing areas. Data to be collected to be used for grant application to install beds at all FDOT outfalls.

~ Begin installation of baffle boxes at all FDOT outfalls to trap and collect sediment prior to reaching lagoon. We had a presentation by a consultant who can help with grant applications (see attachment 2.) Plan and budget for periodic clean out.

~ Expedite construction of the south county algal scrubber project.

~ Direct County Administrator to create a new code enforcement position for "nutrient enforcement". Duties will be focused on education and compliance with state and local laws regarding fertilizing, lawn clippings, training, etc. This will also include outreach to the 1 00' s of landscape companies to educate them on new certification laws.

~ Implement county fertilizer ordinance as per state requirements. Assuming above bullet point is approved, our ordinance will be effective due to dedicated enforcement mechanism.

~ Pass ordinance requiring higher standards for older, existing septic tank systems that are in need of replacement or major repair.

~ Design and implement projects to run new sewer lines to communities identified as having a significant number of septic tank systems installed prior to 1983.

~ Install Kilroy's and begin collecting data. Consider expanding number of Kilroy's, e.g. one Kilroy upstream from skimmer on main canal, and one Kilroy downstream. Will also need to establish a data collection system, so as various researchers provide data, it can be assembled in one, easy to access data warehouse.

~ Work with City ofVero Beach (and to some extent with City of Sebastian) on pump out procedures at City Marina and other long term dockage areas (Grand Harbor, Quail Valley, etc). Who has authority to monitor holding tanks and storage? How will a more aggressive pump out program be funded? Martin County just approved purchase of two new pump out boats (with DEP grant paying for 75%) plus funding a position (see attachment 3).

>- Begin budgeting and identifying revenue sources for stormwater holding area and sewer system expansion. This could include looking at county wide Stormwater District.

>- Increase public education efforts. For example, "Be a Life Saver for the Indian River Lagoon" brochure. Consider re-funding stormwater position and or public outreach position for lagoon (see attachment 4).

>- Explore City of Vero Beach use of Dodgertown Golf Course property as a storm water park to treat water from main relief canal.

>- Educate pet owners that just because they bag their dog's feces, throwing the bag into the storm drain is not the proper disposal strategy. KIRB has a stencil that can be painted on the roadside curbs (see attachment 5).

MEDIUM RANGE STRA TIGIES

>- Plan, budget, and develop expansion of the Spoonbill Marsh in coordination with Grand Harbor and Indian River Land Trust.

~ Work with local water control districts to explore strategies to increase holding time and treatment of water in drainage ditches.

>- Work with scientific community and Water Management Districts to determine optimal freshwater input to the lagoon. Hyper salinity is also a problem and the lagoon needs a balance of clean, steady freshwater inflows to remain a diverse estuary (see attachment 6).

>- Continue working with scientific community and suppo11 research into natural and manmade activities that impact the quality of the lagoon.

>- Apply for grants to expand the oyster bed projects to cover all freshwater discharges into the lagoon.

~ Evaluate changes to LDR's to look at ways to reduce run off into SW retention areas, e.g., instead of sloping the back yard right into the retention area, require a slight berm at water's edge. Also on ranchettes do we really need to require 5 acres of sod?

LONG RANGE STRATIGIES

~ Design, budget and build restoration of spoil islands back to a more natural, Spoonbill Marsh like habitat. Examples could be some of the "Lost Tree Islands" owned by local governments.

~ Design and build surface water storage areas for TMDL treatment and/or alternative water supply.

~ Ongoing monitoring of remediation efforts to ensure projects are successful.

St. Johns River Water Management District

Hans G. Tanzler Ill, Execulive Direclor

4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178·1429 • (386) 329·4500 On the Internet at floridaswater.com.

ATTACHMENT 1

January 22,2013 RECEIVED

The Honorable Peter D. O'I3ryan, Indian River County Commissioner Chair oft he Treasure Coast Council of Local Governments 180 I 271h Street Vero Beach, FL 32960

Dear Commissioner O'B1yan:

JAN 2 3 2013

DOARD OF COUNTY COMMISSION

Governor Rick Scott' s office forwarded me your December I 0, 201 2, letter and asked that I respond directly to you. Governor Scott, the Florida Department of Environmental Protection (DEP), St. Johns River Water Management District (S.IRWMD) and South Florida Water Management Dist rict (SFWMD) share the Treasure Coast Council of Governments' concerns regarding the loss of seagrasses with in the Indian River Lagoon. Please see the enclosed summary of recent events and the ongoing work to understand and respond to this issue that the Indian River Lagoon National Estuary Program prepared.

In addition to the information provided in the enclosure, several presentations f'mthcr describing the lagoon's scagrass losses and the cooperative work underway investigating these impacts will be given by SJRWMD and SFWMD scientists during the Ind ian River Lagoon Symposium on February 7 and 8 at the FAU Harbor Branch Johnson Education Center. Members of the Treasure Coast Council of Local Governments are encouraged to attend the symposium to learn more about these issues and what the lagoon community cnn do to help protect and conserve the lagoon's resources.

While not connected to the seagrnss loss witnessed in the cstunry north of Fort Pierce Inlet, state agencies, SJR WMD, SFWMD and the U.S. Army Corps of Engineers recognize the negnti ve impacts on the water quality and biot<1 of the St. Lucie and Indian River Lagoon from Lake Okeechobee discharges in combination with the contributory watershed discharges. Information on ciTorts to reduce the severity and ti·equcncy of lake releases to the coastal estuaries is provided in the enclosure.

I hope this information helps to address the concerns of the Treasure Coast Council of Local Governments. SJRWMD, SFWMD and DEP are working in conjuncti on with the lagoon's many stakeho lders to protect and restore the natural resources and water quality of this important estuary.

Sincer~y,

A~ {0-""Q&_c:e. r1 >N) ' \ ~ Hans G. T1-u1Zier lli · Execut~ e Director

Enclosure

GOVEflNING BOARD ------- -----

lad Daniels, CHAIRMAN John A. MiklOS, VICE CHAIRMAil Douglas C. Bournique, SECR!lARY Maryam H. Ghyabi, TREASURER JACKSOIIVIllE ORLANDO VERO BEACH OR MOllO BEACH

Chuck Drake Richard G. Hamann George W. Robbins fred N. Roberts, Jr. W. Leonard Wood ORLANDO GAIIJESVILLE JACKSONVILLE OCALA fERIIANOIIIA OEACII

Indian River Lagoon seagrass losses and ongoing actions to address the issues

A healthy Indian River Lagoon contains two primary types of submerged aquatic vegetation seagrasses and macroalgae. Seagrasses arc rooted plants valued for providing habitat for animals, including those supporting commercial and recreational fisheries, trapping sediment that would otherwise reduce water clarity, and absorbing nutrients generated by use of the land. In the lagoon, macroalgae that are unattached - drift algae - also provide habitat and absorb nutrients from the water column. When seagrasses and macroalgae absorb nutrients, they can reduce the occurrence of microalgal blooms that discolor the water and oftentimes "crash" to cause reduced dissolved oxygen levels that result in fish kills. These phytoplankton blooms also block sunlight, which seagrasses and macroalgae need to thrive.

In 20 11, the Indifln River Lagoon experienced extensive, persistent phytoplankton blooms, extending from the southern Mosquito Lagoon to just north of Fort Pierce Inlet. Two blooms can be distinguished based on the dominant species of microalgae, fin intense bloom north of Melbourne and a lesser bloom extending south from Melbourne to Vcro Beach and Fort Pierce. The scientific community has hypothesized that the more severe, northern bloom was caused by two winters with low water temperatures (2009 and 20 I 0) that led to an flpparent collapse of the lagoon's drifting mflcroalgae, which, in turn, would have decreased uptake of nutrients and possibly released nutrients as the macroalgae decayed. This change in nutrient cycling may have favored the subsequent growth of phytoplankton. In addition, the long-term drought that dominated much of Florida's weather from the 1990s through 2012 promoted hypersaline conditions in northern portions of the system. Along with cold water, high salinities may have increased mortality for small, aquatic animals, including those that feed primarily on phytoplankton. Hypersalinity probably acted as a key determinant of the 1 species of microalgae that dominated the bloom. Thus, these two wee~ther events may he~ve created conditions that promoted the growth of the phytoplankton species responsible for the 20 I I "superbloom" in the Banana River and northe1'n Indian River lagoons. A change in the way nutrients were cycled clue to a loss of macroalgae also may have played a role in s~1pporting the second, less intense bloom along southern Brevard and Indian River counties. Eight-months later, in the summer of 2012, the area affected by the superb loom was subjected to an unprecedented brown tide that started in the Mosquito Lagoon and spread into the northern Indian River Lagoon. This bloom was dominated by fl different species ofmicroalgae that also tolerates high salinities, and it resulted in extremely high levels of chlorophyll a, a measme of microalgal biomass in the water column. Both blooms have receded, and water clarity has improved throughout much of the lagoon.

These blooms drastically reduced the amount of light reaching seagrasses for an umJsually long time. Consequently, the St. Johns River Water Management District (SJRWMD) recorded a loss of nearly 34,000 acres of seagrasses between 2009 and 20 I 0 in the lagoon north of Fort Pierce. Data from 20 II showed stable or expanding sea grass beds south of Fort Pierce Inlet and in the southern Indian River Lagoon, areas not impacted by the blooms.

SJRWMD will be tracking water quality and the health ofseagrasses as it has done since the 1980s. SJRWMD continues to partner with the South Florida Water Management District (SFWMD) to map sea grasses from aerial photography every 2- 3 years. In 2013, the Florida Department of Environmental Protection (DEP) has agreed to fund this effort. In addition, more than 80 seagrass transects are surveyed twice each year and approximately 12 are surveyed monthly to document the

Prepared by the Indian River Lagoon National Estuary Program Jamwry 22, 2013

ATTACHMENT 2

Vicki Wild, Executive Director, KIRB, gave a PowerPoint presentation (copy on file)

describing the background, goals, and accomplishments of Keep Indian River Beautiful (KIRB),

which was established in 1997. Ms. Wild relayed that further infonnation is available at

www.kirb.org.

Ashima Wild, President, KIRB, presented the Board with a plaque in appreciation of

their support.

S.C. PRESENTATION BY TROYRlCE, /NDlANRlVER LAGOONNA T..'ONAL

EsTUARYPROGRAMDlRECTOR, ST. JOllN'S RlVER WATER AlANA CEMENT

DISTRICT, AMY ADAMS, CAPE CANAVERAL SCIENTIFIC, ON GRANT

WRITING ASSISTANCE

(Clerk's Note: This item was heard fo llowing Item 5.D. and is placed here for

continuity).

Amy Adams, President, Cape Canaveral Scientific, gave a PowerPoint presentation

(copy on file) describing the free grant writing program offered by the St. John's River Water

Management District's Indian River Lagoon National Estumy Program (IRL NEP).

Commissioners Flescher and Zorc invited Ms. Adams to attend the Board's March 26,

2013 Workshop on the Indian River Lagoon (see Commissioner lore's Item 14.£.2).

S.D. PRESENTATION ON UP WITH PEOPLE UPCOMING VISIT TO INDIAN RIVER

COUNTY BY OSCAR NISSEN, ADVANCE TEAM MANAGER

(Clerk's Note: This item was heard following Item 5.B. and is placed here for

continuity).

February 5, 2013 3

6112113 Commissioners 1011 Jensen Beach Mooring Field project» TCPalm.com

OTHER BUSINESS ATTACHMENT 3

In other business, the Martin County Commission took the following action:

• Authorized the Utilities and Solid Waste Department to apply to the Florida Department of

Environmental Protection for a grant to purchase two pump-out boats for $200,000. The state

would pay for 75 percent of the cost. The Utilities Department will also hire a seasonal employee to

operate the boats at a cost of $20,904 a year.

• Approved a resolution to designate Bird Island in the Indian River Lagoon as a Cri tical Wildlife

Area, preventing public access to the island and creating a buffer around the island .

© 2013 TCPalm. All rights reserved. This material may not be published, broadcast,

www.tcpalm.com'nev.s/2013/jun/11/corrmissioners-IOII-jensen-beach-mooring-field/ 1/1

Nutrient Pollution The Indian River Lagoon is experiencing nutrient pollution, caused by fertilizer and other nitrogen sources. Fertilizer is not a problem when it's used properly. If we use too much or apply it at the wrong time, it can easily wash into storm drains and flow untreated into the canals, all of which lead to the Lagoon.

Just like in our yards, fertilizer in the Indian River Lagoon makes plants grow; but in water, extra fertilizer means too much algae. The algae cloud the water, stopping the sunlight from reaching the seagrass growing on the bottom. These seagrasses are the foundation of all life around the Lagoon, supporting fish, birds, manatees, sea turtles & dolphins.

The Guide to Florida Friendly Landscaping is available at: httpJ /www.floridayards.org A Guide to Waterwise Landscaping: httpJ /wl'w.Sj RWMD.com/waterconservation/

: : Smart Fertilizing

• Fertilize in the spring and fall- not in the rainy season from June to September.

• Reuse water may contain high amounts of nutrients. Fertilizers may not be needed. Check with your water supplier.

• Reduce the amount of lawn by planting native or Florida Friendly plants that need less water, fertilizer and other lawn chemicals.

• Newly installed landscapes cannot efficiently use nitrogen; do not apply nitrogen for the first 30 days.

• Don't blow leaves or clippings into the road or any body of water-leave them on your lawn. They can supply up to 500,(, of the nitrogen that your grass needs.

• Use a deflector shield on your spreader so that you spread fertilizer only where you need it.

• Pump some iron. Use Florida Friendly yard products that contain iron and other micronutrients to green up your lawn during the summer.

• Watch the weather! Rainstorms don't water in fertilizer they wash it away, wasting your money and polluting our water. • Use less irrigation - fewer chemicals and nutrients

will wash into tl1e lagoon. • Reduce the amount of pesticides used. • Sweep it up. Whisk any fertilizer granules that fall

onto sidewalks, streets or drives back on the landscape. • Keep fertilizer at least 10 feet away from any wetland

or body of water. • Just Say No to Phosphorous (P): The Indian River

region is naturally rich in phosphorous. • Avoid using 'weed & feed' products. • If you do use fertilizer, use slow release nitrogen (SRN)

fertilizer. Slow-release provides nourishment over a longer period, saving you money.

What to look for on your fertilizer label:

% ofTotal N as SRN = .]_ X 100 =50% 14

14-0-26 GUA!ANIEEOAHALl~S~ -.~•tl)~

IUS%""""""'(11' SOUIU"'IllllllAI li.OO% *~•f'f'* lt.Jt •;,

lo.Wt'. JHt iiiYr~

t.lO'Ia CMUt4 Milt (S) IIOII!f<i loul I.IIYo

ll~/o-WolltlnoJN)

-~""""' . ... % l i'.IWIW_...,_JIIol DII111D IIDII:hlt01t ['*I Wilt w..l IIQ. looiiMc .. ,..,.., .... Do*.""-O>dt.

7'>'o Slow R~tc:uc C»..OAt (~fbi 1.110"!.

Nitrogen (SI\N) - ~,.,_

COVEUGE ,.,_. .. 1#16 '""- - "'W'LIIJC,lrOI14' • * ~,.., ... ,...14,.ali(J.J ,.... .. .,.., ,.. 1,tCG14L

DEADLINE: JANUARY I , 2014 Florido Stotute Chopter 482.1562, requires all commercial fertilizer applicators to obtain the Umited Commercial Fertilizer Applicotor 's Certification which includes complelion of Best Management Practices Course. Training informotion and the list of certified professionols by counly is ovoiloble al: http:/ /fyn.ifas.ull.edu/ professionals/BMP _overview.htm

------·/

ATTACHMENT 4

Be a life saver

for the

What Is the Indian River Lagoon? Df!signated An Estuary of National Significarra in 1990 by Collf]ffiSS through the Gean Wafer 1tcJ

• We call it "The River" but it's actually not a river. There is no now- only wind effects, and tidal nuctuations near the inlets. The pollutants we put in the Lagoon stay in the Lagoon.

• The Lagoon is very shallow, averaging about four feet deep so its sediments are easily stirred by wind.

• The Lagoon has five widely spaa!d inlets that allow a limited exchange of ocean w:1ter and aquatic wildlife.

• The canals emptying into the Lagoon were created todmin the inland areas for farming. Now those canals are carrying urban stormwater into the Lagoon.

Lagoon Health: • Seagrass coverage is the primary indicator of Lagoon health;

it is the foundation of the Lagoon's food web. Since 2011, the Indian River Lagoon has lost 63% of its total acres of Sl!'dgras5

compared to 2009. This represents a 1055 of 47,000 acres of seagrass.

• Habitat 1055 of seagras<; beds, mangroves, oyster reefs and wetlands is affecting the viability of the estuarine and marine fisheries, as well as bird and manatee health.

• Our Lagoon has been called one of the most biologically diverse estuaries in North America because of the huge variety of living thing; calling it home. Many species use the Lagoon's protected water.> as nurseries for their young. The nursery areas are scarce and threatened.

• 75% (over 40,000 acres) of the Lagoon's wetlands and salt marshes have been lost or altered due to development or mosquito control prnctic:.s. These marshes are important fish nurseries and serve as filters to Improve water quality. Many of these altered wetlands have been reconnected to the Lagoon, offering improved marsh-eotuary exchanges for fisheries while still providing mosquito control benefits.

Our Economy:

• The Lagoon's economic benefits and value are estimated at over $3.7 billion annually to the Treasure and Spare Coast regions and the state.

• The Lagoon supports 15,000 jobs producing goods and servires equaling $1.6 billion in sales of recreational goods and servires, investments in research, restoration and education projects and activities, and sales from commercial fish landing;.

Three Problems Facing the Lagoon

Stormwater Runoff

#. p ll • . . I • • o ut1on prevention IS up to you.

Did you know that stonndrains and canals are NOT connected to treatment plants? In the Treasure Coast Region, the stonn system flows directly into the Lagoon. Never use the canals or stonndrains as trash receptacles.

• Keep yard clippings and chemicals off stneets and drives

• Pick up pet waste • Wash cars on lawn or at cornmercial facility

{

~ ...

• Dispose of hazardous wastes through County Convenience Centers- including paint cans, electronics, aerosol cans, used motor oil, pesticides, batteries, fluorescent light bulbs, solvents, fertilizers

For infonnation about recycling and disposal of hazardous wastes in IRC visit httpJfloM.w.Jrcwaste.com

* • Vehicles and Boats ... One gallon of motor oil can contaminate one MlU.lON gallons of water!

• Keep cars and boats running properly • Use bio-degradable cleaners on boats • Never leave trash or human/pet waste on islands • Never release boat sewage into the lagoon • Report observed spills 24n: I..S00-320·0519

For more information: www.dep.state.fl.uslcleanmannal

Septic System Leaching There are about 36,864 septic systems in operation in Indian River County. 17,554 were installed prior to rule changes requiring a 24-inch separation from the water table, and at least a SO· foot setback from surface water.

900 septic systems are within the city limits on the barrier island alone; 83% of which are not in compliance with current septic standards for new construction. These may have a 6-inch or less separation from the water table and may be 25 feet or closer to the lagoon.

Septic systems are designed to catch solid waste and to slowly percolate liquid waste through the surrounding soil. Approximately 265 gallons of wastewater per day per household leaches into ground water, carrying nutrients from the food we ea~ along with other chemicals (detergents and medications) that might have entered our septic system.

The variables that detennine how much pollution enters our water table and eventually the lagoon are:

• elevation of tl1e system above ground water • l}pe of soil which is serving as a filter • amount of rain • amount of liquids entering the system. ,..,.,

ttO ,,

•• • • You can help clean up the lagoon:

• Organize your neighbors to request sewer installations in your neighborhood

• Pump out your septic system every 3·5 years • Never drive or park over the septic system • Plant only groundcovers over and near the drainfield • Flush only human waste -not disposable diapers,

sanitary supplies, paper towels

• Never flush toxic waste such as medicine, oil, grease, paint, pesticides, cleaners

• Consider com posting instead of using a garbage disposal

• Spread laundry loads over the week. • Conserve water use to lessen septic leaching For more infonnation: hnp:l/www.myfloridaeh.com/ostdslindex.html

Jo . .(-" .:

~~ ~

.:• Never dispose of medications by flushing them down the toilet or drain!

Dispose of unwanted medications as solid waste • Mark out your name and prescription number

• Add water or soda to dissolve pills • Add cat litter or dirt to liquids

• Tape closed and dispose of in trash • Do not put in recycle bin

OR Find medication disposal sites and events at: hnp:l/www.dep.state.fl.us/waste/categoriesl medicationslpagesldisposal.hun or contact your county sheriff's offire.

) '8:

ATTACHMENT 5

INDIAN· RIVER COUNTY

STORM DRAIN MARKING PROGRAM

The next time you walk in your neighborhood, take a moment to notice the storm drains that line the roadways. During each storm event the storm drains capture excess water that runs off rooftops, yards, driveways, and parking lots, all components of the human environment. The stormwater nmoff carries with it many pollutants that accompany our modern lifestyles such as motor oil, pesticides, excess fetiilizer, sediment, pet waste, and more. Many stonn drains (inlets) lead directly to lakes or canals that discharge into the Indian River Lagoon. Our daily activities contribute to the deterioration of these waters.

Placing special stotm drain markers (such as depicted above) on inlet covers is a clear reminder to all that anything entering the drains will flow m1treated to our waters. Installation is easy! It is fast and easy to glue the Drain Markers on the drain covers and place information door-hangers on homeowners' front doors as you go. The Drain Markers are made of durable materials, so your work will have lasting value. You'll be helping to keep our waters clean. Enlist the help of a group such as scout troops, church, schools, your homeowners association, coworkers, and family!

Description

Stonn drain marking involves labeling stonn drain inlets with plaques, ti les, painted or precast messages warning citizens not to dump pollutants into the drain. The message, "Dump No Waste Leads to Lagoon" is a simple phrase to remind those passing by that the storm drains connect to local watcrbodies and that dumping will pollute those waters.

IMPORTANT: Permission by Indian River County is not necessary for markers to be placed in private subdivisions - pennission must be obtained from the subdivision homeowner's association. Pennission by Indian River County Public Works Department MUST BE OBTAINED IN WRITING before markers are placed in County public rightofways. For placement in jurisdictions other than the County, contact the municipality in which the prope1ty is located.

Storm drains can be labeled with stencils to discourage dumping

Where to get the Supplies:

The att for markers placed in private subdivisions is at the discretion of the private homeowner's association. The art for markers placed in public right-of ways must approved by Indian River County and it must resemble the art shown at the top of this document. The message "Dump No Waste Leads to Lagoon" and Snook correlate with the County's pollution prevention signs placed along County roads.

Markers can be ordered from several suppliers that can be located through an internet search for "st01m drain markers." The vendors supply kits that contain vinyl stonn drain markers, adhesive, applicator brush, hand cleaners, door hangers, carrying pack, and instructions. Vinyl markers last longer than stenciled messages and need only glue to affix them to stonn drain inlets. Stenciled messages will req·uire repainting after a few years.

Bi-lingual markers are available indicating the message "Dump No Waste Leads to Lagoon" in English and Spanish.

From: Peter D. O'Bryan [mailto:[email protected]] Sent: Thursday, February 07, 2013 2:54 PM To: Troy Rice Cc: [email protected] Subject: RE: SJRWMD Reponse to TCCLG's Letter to the Governor

Troy,

ATTACHMENT 6

Thank you for the follow up information. It is interesting to note that in the earlier response regarding seagrass die off in the southern Brevard 1 North Indian River basin, high salinities were listed as a contributing factor in the ecosystem breakdown. In your January 24 response you mention that there have been no discharges from the C-54 canal since 2008. With the Upper St. John's Basin project nearing completion, presumably most of the fresh water should be cleaned up. Has there been any consideration of monitoring salinity levels and if salinity starts to rise above a predetermined point, that some releases should begin from C-54 to provide clean freshwater to maintain a healthy, diverse estuary? Thanks, Peter

Peter D. O'Bryan Indian River County Commissioner, District 4 Chair, Treasure Coast Council of Loca l Governments 1801 27th Street Yero Beach, FL 32960 772 226-1 441 Office 772 770-5334 Fax pobryan@ircgov .com

~Before printing this e-mail. think if it is necessary. Think Green!

DISCLAIMER: Under Florida Law (FS668.6076). e-rn ail addresses are public record. If you do not want your e-mail address released in respon se to a pub lic-records

request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

From: Jacqui Thurlow-Lippisch [mailto:[email protected]] Sent: Wednesday, February 06, 2013 2:10 PM To: Peter D. O'Bryan Cc: Terri Collins-Lister Subject: Fwd: SJRWMD Reponse to TCCLG's Letter to the Governor

Dear Chair O'Bryan, As requested for at today's meeting, below is the response by IRL Nat'l Estuary Program Director, Troy Rice, regarding to my asking about our local canals and their run off into the SLR & IRL and thanking him for the comprehensive letter.

Sincerely,

Jacqui Thurlow-Lippisch Commissioner, Town of Sewall's Point Begin forwarded message:

From: Troy Rice <[email protected]> Date: January 24, 2013 4:53:55 PM EST To: 'Jacqui Thurlow-Lippisch' <[email protected]>

2

Peter D. O'Bryan

From: Sent: To: Cc: Subject:

Hi Commissioner O'Bryan,

Troy Rice [[email protected]] Monday, February 11 , 2013 10:44 AM Peter D. O'Bryan [email protected] RE: SJRWMD Reponse to TCCLG's Letter to the Governor

It was nice speaking with you at last week's symposium. As you li kely heard during the t echnical presentations on Thursday morning, high salin ities were a bigger contributing factor to the bloom events in the northern portions of the lagoon (north of Melbourne) with the particular phytoplankton species predominate during the 2011'Super Bloom'

tolerant of higher salinity, and the Brown Tide species that bloomed in 2012 f rom Titusville north through much of Mosquito Lagoon, seeming to prefer hyper-sa line conditions.

Excess nutrient-rich freshwater and groundwater discharges to the Centra i iRL are still occurring daily through the C-1 Cana l in Palm Bay, the 3 IRFWCD Relief Canals, Fellsmere Canal, Sotil le Canal, the St. Sebastian River drainage including

the Sebastian River Water Contro l District, and C-25 discharges at Fort Pierce being the largest contributors, that more than compensate for the salinities associated with ocean waters entering through the inlets on the incoming tides and evaporation from the surface waters of the lagoon. So it is very unlikely that a minimum-flows criteria of freshwater for

the lagoon would ever need to be established from the C-54 /USJRB, unless a persistent extreme drought of decadal proportions were to occur. Then I am cert ain that freshwater use priorities in that unlikely scenario would be allocated to potable uses.

Freshwater discharges from the C-54 cana l in the past did impact lagoon sa linity and water qua lity as far north as Melbourne-Pineda segments of the lagoon, but had little impact north of the S.R. 518 causeway, where the past bloom's

impacts were greatest, and in all likelihood add itional freshwater discharges to the lagoon in 2011 and 2012 would have strengthened and expanded the 'secondary bloom' south of Melbourne to Ft. Pierce, providing additional nutrients of nitrogen and phosphorous for the phytoplankton to feed upon.

I will certain ly keep you and the TCCLG apprised of future findings associated with the seagrass loss investiga tions and

any potential future management options (i.e . seagrass transplanting) that may be init iated to try and 'kick start' seagrass propagation in areas with heavy losses if associated water quality conditions are achieved.

Thanks-Troy

Troy Rice, Director

Indian River Lagoon Nationa l Estuary Program


525 Community College Pkwy, SE Palm Bay, Florida 32909 (321) 984-4950

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Subject: RE: SJRWMD Reponse to TCCLG's Letter to the Governor

Thank you Commissioner,

I am glad you found it helpful. It is good sometimes to put together a comprehensive outline of issues and actions such

as that, especially with an issue of such great importance as the recent seagrass losses.

I am also pleased to hear you'll be attending the lagoon symposium in a couple of weeks. I wish more elected officials in the lagoon's watershed had the concern for the lagoon that you do and the desire to bring about positive change.

I am excited to learn from the many scientists and students who will be presenting their research, and for the Forum on Friday that will hopefully bring some consensus and a plan forward that the community can get behind.

In regard to problematic canals, each man-made canal discharging directly to the lagoon is a problem. Of course the

bigger the canal and the greater basin that the canal drains the more non point pollution is discharged. Certainly C-44 with its connection to Lake 0 and the combination of C-24 & C-23 discharging into the north fork of the St. lucie are the biggest canals impacting the St. Lucie and southern IRL. The Main Relief Canal in Vera, operated by the Indian River

Farms WCD is the biggest contributor in the Vera 'Narrows' portion of the lagoon, but all three relief canals in Indian River County cause a lot of problems when their gates are opened wide in anticipation of a tropical rain event. Further north, the C-1 Canal in Palm Bay also drains a large urban area (100 square miles) but the SJRWMD is working tore

divert about 50% of the discharges from this basin back into the Upper St. Johns River, where the basin historically flowed before the canal. The C-54 canal, a big Army Corp built canal that serves as the border between Brevard and

Indian River counties and discharges into the St. Sebastian River use to be a problem, however with the completion of

the Upper St. Johns River Basin Project no significant discharges have occurred from C-54 since Tropica l Storm Fay in 2008.

I don't know if I' ll have any new info to share before the next TCCLG meeting on Feb 6. But I'll send you a note either way.

I look forward to seeing you at the Symposium.

Troy

Troy Rice, Director Indian River Lagoon National Estuary Program


525 Community Coll ege Pkwy, SE Palm Bay, Florida 32909 (321) 984-4950

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From: Jacqui Thurlow-Lippisch [mailto:[email protected]] Sent: Thursday, January 24, 2013 3:18 PM To: Troy Rice

3

.~. t



TO: Members of the Board of County Commissioners

DATE: July 2, 2013

SUBJECT: Special Funding for Economic Development Promotion

FROM: Tim Zorc Commissioner, District 3

JULY 9, 2013 ITEM 14.E.1.

A continuation of a discussion from the July 2, 2013 Commission Meeting, requesting the Board of County Commissioners' consideration of special funding for Economic Development Promotion to welcome and promote a site selection company that is visiting Indian River County on behalf of a specific company.

Additional Backup will be provided.

87

June 11, 2013 1

JEFFREY R. SMITH

Clerk to the Board

INDEX TO MINUTES OF REGULAR MEETING


JUNE 11, 2013

1. CALL TO ORDER .............................................................................................................................. 1

2. INVOCATION .................................................................................................................................... 1

3. PLEDGE OF ALLEGIANCE ............................................................................................................ 1

4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS .................................... 2

ADDITION: 10.C.2. EMERGENCY ITEM - ANNOUNCE PUBLIC NOTICE OF

PRESENTATION OF NATURAL GAS EXPANSION BY FLORIDA CITY GAS,

SCHEDULED FOR JUNE 17, 2013 AT 1:00 P.M. AT INDIAN RIVER COUNTY

ADMINISTRATION BUILDING “B”, CONFERENCE ROOM B1-501 ................................. 2

5. PROCLAMATIONS AND PRESENTATIONS .............................................................................. 2

5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING ANN

POWELL, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS,

DEPARTMENT OF UTILITY SERVICES/WATER DISTRIBUTION DIVISION ON HER

RETIREMENT WITH TWENTY-TWO YEARS OF SERVICE ............................................. 2

5.B. PRESENTATION OF PROCLAMATION DESIGNATING JUNE 17 – 23, 2013 AS

AMATEUR RADIO WEEK .......................................................................................... 2

June 11, 2013 2

5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF JUNE 16

THROUGH JUNE 23, 2013 AS HUMANIST RECOGNITION WEEK IN INDIAN RIVER

COUNTY ................................................................................................................. 3

6. APPROVAL OF MINUTES - NONE ............................................................................................... 3

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING

BOARD ACTION - NONE ................................................................................................................ 3

8. CONSENT AGENDA ........................................................................................................................ 3

8.A. APPROVAL OF WARRANTS – MAY 24, 2013 TO MAY 30, 2013 ................................... 3

8.B. MISCELLANEOUS BUDGET AMENDMENT 017 ............................................................ 4

8.C. BUILDING DIVISION STAFFING, MISCELLANEOUS BUDGET AMENDMENT 018 ............ 4

8.D. TOURIST DEVELOPMENT COUNCIL, 2013-2014 BUDGET RECOMMENDATIONS ........... 4

8.E. FEDERAL FISCAL YEAR 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE

GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION ........................................ 5

8.F. APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN, ROGERS, GANDAL,

PORDY, & ECKER, P.A. FOR 800 MHZ REBANDING ................................................... 6

8.G. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION FOR 49 USC

CH.53, SECTION 5311 TRANSIT OPERATING ASSISTANCE FUNDS FOR FY 2013-

14 .......................................................................................................................... 6

8.H. APPROVAL OF STATE OF FLORIDA SPECIAL OLYMPICS AQUATIC CHAMPIONSHIP

MEET AGREEMENT FOR THE EVENT TO BE HELD AT NORTH COUNTY AQUATIC

CENTER .................................................................................................................. 7

9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE ................... 7

10. PUBLIC ITEMS .................................................................................................................................. 7

10.A. PUBLIC HEARING(S) ........................................................................................... 7

10.A.1. CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS

PROPERTIES FOR AFFORDABLE HOUSING (ADMINISTRATIVE) ................................... 7

June 11, 2013 3

10.A.2. REQUEST FOR AUTHORIZATION TO SUBMIT A FY 2013 GRANT APPLICATION

FOR 49 USC CH. 53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING

ASSISTANCE (LEGISLATIVE) ................................................................................... 9

10.B. PUBLIC DISCUSSION ITEMS ............................................................................. 10

10.B.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING SETTLEMENT OF

PROMISED LAWSUIT .............................................................................................. 10

10.B.2. REQUEST TO SPEAK FROM DIANN RUSSANO REGARDING 82ND AVENUE FROM

26TH STREET TO SR60 – TRUCKS AND TRAFFIC ....................................................... 10

10.B.3. REQUEST TO SPEAK FROM ARDRA AND BILL RIGBY REGARDING EQUALITY AND

EQUAL OPPORTUNITY ........................................................................................... 11

10.C. PUBLIC NOTICE ITEMS ..................................................................................... 12

10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 18, 2013: PUBLIC HEARING TO

CONSIDER GRANTING A FRANCHISE TO DISTRIBUTE NATURAL GAS WITHIN THE

UNINCORPORATED AREA OF INDIAN RIVER COUNTY (ADMINISTRATIVE) ............... 12

10.C.2. ADDITION: EMERGENCY ITEM - PUBLIC NOTICE OF PRESENTATION OF

NATURAL GAS EXPANSION BY FLORIDA CITY GAS, SCHEDULED FOR JUNE 17,

2013 AT 1:00 P.M. AT INDIAN RIVER COUNTY ADMINISTRATION BUILDING “B”,

CONFERENCE ROOM B1-501 .................................................................................. 12

11. COUNTY ADMINISTRATOR MATTERS – NONE ...................................................................12

12. DEPARTMENTAL MATTERS ......................................................................................................12

12.A. COMMUNITY DEVELOPMENT ................................................................................. 12

12.A.1. REQUEST FOR BOARD APPROVAL OF AN AGREEMENT WITH GRAND HARBOR

COMMUNITY ASSOCIATION, INC. FOR IMPROVEMENT AND MAINTENANCE OF

BOAT CLUB ISLAND (A.K.A. SPOIL ISLAND IR-25) .................................................. 12

12.A.2. CONSIDERATION OF ACQUISITION AND DISPOSITION OF BLOCK PROPERTY ............. 14

12.B. EMERGENCY SERVICES - NONE .............................................................................. 15

12.C. GENERAL SERVICES - NONE .................................................................................. 16

12.D. HUMAN RESOURCES - NONE .................................................................................. 16

12.E. HUMAN SERVICES - NONE ..................................................................................... 16

12.F. LEISURE SERVICES - NONE .................................................................................... 16

12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ..................................................... 16

12.H. RECREATION - NONE ............................................................................................. 16

June 11, 2013 4

12.I. PUBLIC WORKS - NONE ......................................................................................... 16

12.J. UTILITIES SERVICES - NONE .................................................................................. 16

13. COUNTY ATTORNEY MATTERS ...............................................................................................16

13.A. INITIAL REVIEW AND CONSIDERATION OF IMPACT FEE SUSPENSION ORDINANCE

PERMISSION TO ADVERTISE FOR PUBLIC HEARING ................................................. 16

14. COMMISSIONER ITEMS ...............................................................................................................18

14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN - NONE ...................................... 18

14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN ............................................. 18

14.B.1. CHILDREN SERVICES ADVISORY COMMITTEE (CSAC) DISTRICT 1

APPOINTMENT ...................................................................................................... 18

14.C. COMMISSIONER PETER D. O’BRYAN - NONE .......................................................... 19

14.D. COMMISSIONER BOB SOLARI - NONE ..................................................................... 19

14.E. COMMISSIONER TIM ZORC .................................................................................... 19

14.E.1. STAFFING LEVELS IN THE COMMISSION OFFICE ...................................................... 19

15. SPECIAL DISTRICTS AND BOARDS .........................................................................................20

15.A. EMERGENCY SERVICES DISTRICT - NONE ............................................................... 20

15.B. SOLID WASTE DISPOSAL DISTRICT ........................................................................ 21

15.B.1. CHANGE ORDER NO. 1 TO PAUL JACQUIN & SONS, INC. (BID NO. 2012051) FOR

THE NEW OSLO CUSTOMER CONVENIENCE CENTER PROJECT .................................. 21

15.C. ENVIRONMENTAL CONTROL BOARD - NONE ........................................................... 21

16. ADJOURNMENT .............................................................................................................................21

June 11, 2013 1

JEFFREY R. SMITH

Clerk to the Board

June 11, 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, June 11, 2013. Present were Chairman Joseph E. Flescher, Vice Chairman Wesley S.

Davis, and Commissioners Peter D. O’Bryan, Bob Solari, and Tim Zorc. Also present were

County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy

Clerk Leona Adair Allen.

1. CALL TO ORDER

Chairman Flescher called the meeting to order at 9:00 a.m.

2. INVOCATION

Stan Boling, Planning Director, delivered the Invocation.

3. PLEDGE OF ALLEGIANCE

Alan S. Polackwich, Sr., County Attorney, led the Pledge of Allegiance to the Flag.

June 11, 2013 2

4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS

Commissioner Zorc requested the following change to the Agenda:

ADDITION: 10.C.2. EMERGENCY ITEM - ANNOUNCE PUBLIC NOTICE OF

PRESENTATION OF NATURAL GAS EXPANSION BY FLORIDA CITY GAS,

SCHEDULED FOR JUNE 17, 2013 AT 1:00 P.M. AT INDIAN RIVER COUNTY

ADMINISTRATION BUILDING “B”, CONFERENCE ROOM B1-501

ON MOTION by Vice Chairman Davis, SECONDED by

Commissioner O’Bryan, the Board unanimously approved

the Agenda as amended.

5. PROCLAMATIONS AND PRESENTATIONS

5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING

ANN POWELL, INDIAN RIVER COUNTY BOARD OF COUNTY

COMMISSIONERS, DEPARTMENT OF UTILITY SERVICES/WATER

DISTRIBUTION DIVISION ON HER RETIREMENT WITH TWENTY-TWO

YEARS OF SERVICE

Chairman Flescher read and presented the Proclamation to Ann Powell.

5.B. PRESENTATION OF PROCLAMATION DESIGNATING JUNE 17 – 23, 2013 AS

AMATEUR RADIO WEEK

Commissioner Solari read and presented the Proclamation to Chris Vicars, Public

Information Officer.

June 11, 2013 3

5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF JUNE 16

THROUGH JUNE 23, 2013 AS HUMANIST RECOGNITION WEEK IN INDIAN

RIVER COUNTY

Commissioner O’Bryan read and presented the Proclamation to Philip Katrovitz, Board

Member of Humanists of the Treasure Coast.

6. APPROVAL OF MINUTES - NONE

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS

NOT REQUIRING BOARD ACTION - NONE

8. CONSENT AGENDA

Commissioner O’Bryan requested to pull Items 8.D. and 8.H. from the Consent Agenda

for comment.


Chairman Flescher, the Board unanimously approved the

Consent Agenda, as amended.

8.A. APPROVAL OF WARRANTS – MAY 24, 2013 TO MAY 30, 2013



list of Warrants and Wires issued by the Comptroller’s

Office for the time period of May 24, 2013 to May 30,

2013, as requested in the memorandum of May 30, 2013.

June 11, 2013 4

8.B. MISCELLANEOUS BUDGET AMENDMENT 017


Chairman Flescher, the Board unanimously approved

Resolution 2013-049, amending the fiscal year 2012-2013

Budget.

8.C. BUILDING DIVISION STAFFING, MISCELLANEOUS BUDGET AMENDMENT

018



Resolution 2013-050, amending the fiscal year 2012-2013

Budget.

8.D. TOURIST DEVELOPMENT COUNCIL, 2013-2014 BUDGET

RECOMMENDATIONS

Commissioner O’Bryan pointed out that the Tourist Development Council had recently

reviewed the organizational budget requests for FY 2013-2014, and found there would be a

shortfall of funds. He thanked the Indian River Chamber of Commerce and the Sebastian

Chamber of Commerce for stepping up and reducing their funding request by the shortfall

amount so the other organizations could receive their requested funding.

June 11, 2013 5

ON MOTION by Commissioner O’Bryan, SECONDED

by Chairman Flescher, the Board unanimously approved

the following funding amounts as recommended by the

Tourist Development Council: Indian River County

Chamber of Commerce and Sebastian Chamber of

Commerce $420,613; Cultural Council $60,000;

Historical Society $12,000; Treasure Coast Sports

Commission $148,700; and Vero Heritage $12,000, as

recommended in the memorandum of May 28, 2013.

8.E. FEDERAL FISCAL YEAR 2013 EDWARD BYRNE MEMORIAL JUSTICE

ASSISTANCE GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION


Chairman Flescher, the Board unanimously: (1) accepted

the invitation to serve as the coordinating unit of

government in the Florida Department of Law

Enforcement (FDLE) Edward Byrne Memorial Justice

Assistance Grant (JAG) Program, and authorized the

Chairman to execute the Certificate of Participation

naming Jason E. Brown, Director, Management and

Budget, as the contact person; (2) accepted the total

amount of the grant which is $68,509; and (3) directed the

Substance Awareness Council Advisory Board to

recommend a distribution of these funds among local

applicants, all as recommended in the memorandum of

June 3, 2013.

CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

June 11, 2013 6

8.F. APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN, ROGERS, GANDAL,

PORDY, & ECKER, P.A. FOR 800 MHZ REBANDING



Incumbent Acknowledgement and authorized that services

identified on the invoice have been performed, as

recommended in the memorandum of May 24, 2013.

DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

8.G. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION FOR 49 USC

CH.53, SECTION 5311 TRANSIT OPERATING ASSISTANCE FUNDS FOR FY

2013-14



Resolution 2013-051, authorizing the submission of a FY

2013-14 Grant Application for 49 USC Ch 53, Section

5311 Public Transit Operating Assistance.

June 11, 2013 7

8.H. APPROVAL OF STATE OF FLORIDA SPECIAL OLYMPICS AQUATIC

CHAMPIONSHIP MEET AGREEMENT FOR THE EVENT TO BE HELD AT

NORTH COUNTY AQUATIC CENTER

Commissioner O’Bryan noted that this is the eighth consecutive year that the meet will be

hosted in Indian River County, and commended the Recreation Department for their efforts.


by Chairman Flescher, the Board unanimously approved

and authorized the Chairman to execute the Agreement

with Special Olympics of Florida for use of the North

County Aquatic Center, as recommended in the

memorandum of June 3, 2013.

AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL

AGENCIES - NONE

10. PUBLIC ITEMS

10.A. PUBLIC HEARING(S)

10.A.1. CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS

PROPERTIES FOR AFFORDABLE HOUSING (ADMINISTRATIVE)

PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE

OFFICE OF THE CLERK TO THE BOARD

June 11, 2013 8

Community Development Director Bob Keating used a PowerPoint presentation (on file)

to provide background, conditions, and alternatives for County owned surplus properties relating

to affordable housing. He identified issues and constraints on the properties, and pointed out that

one lot has a flow well that has been capped (4256 25th Avenue) but will need to be plugged. He

recommended the Board review the list of surplus properties (page 63 of the Agenda Packet),

make any changes, and approve the Resolution accepting the surplus properties that are

appropriate for the provision of affordable housing. He also recommended that the Board direct

the Purchasing Department to sell the properties and contribute the proceeds to the County’s

Affordable Housing (State Housing Initiatives Partnership - SHIP) Trust Fund.

Commissioners sought and received information from staff on capped/plugged wells, and

the discontinuance of the St. John’s River Water Management District’s well plugging match

program.

The Chairman opened the Public Hearing. There being no speakers, the Chairman closed

the Public Hearing.


Commissioner Solari, the Board unanimously approved:

(1) Resolution 2013-052, approving the list of County

owned properties appropriate for the provision of

affordable housing and providing for the disposition of

those properties; and (2) to plug the flow well located at

4256 25th Avenue; and (3) to use the sale proceeds of the

surplussed properties to pay for plugging the well, and any

remaining proceeds contributed to the County’s

Affordable Housing (SHIP) Trust Fund for the provision

of affordable housing through the County’s existing

established Affordable Housing Program.

June 11, 2013 9

10.A.2. REQUEST FOR AUTHORIZATION TO SUBMIT A FY 2013 GRANT

APPLICATION FOR 49 USC CH. 53, SECTION 5307 MASS TRANSIT

CAPITAL AND OPERATING ASSISTANCE (LEGISLATIVE)

PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE

OFFICE OF THE CLERK TO THE BOARD

Metropolitan Planning Organization (MPO) Director Phil Matson provided background

and analysis on the FY 2013 grant application for 49 USC Ch. 53, Section 5307 Mass Transit

capital and operating assistance funds. He emphasized that this is the grant that makes the

GoLine transport system possible, and recommended the Board adopt the Resolution authorizing

the filing of the grant application.

Commissioner Zorc announced that the central transfer hub for the County’s GoLine bus

system had been temporarily moved to a location west of Piper Aircraft, Inc., at the Vero Beach

Municipal Airport, and the operation is working well.

The Chairman opened the Public Hearing. There being no speakers, the Chairman closed

the Public Hearing.


by Commissioner Solari, the Board unanimously approved

Resolution 2013-053, authorizing the filing of a FY 2013

Grant Application for 49 USC Ch. 53, Section 5307 mass

transit capital and operating assistance.

June 11, 2013 10

10.B. PUBLIC DISCUSSION ITEMS

10.B.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING SETTLEMENT

OF PROMISED LAWSUIT

Fred Mensing, 7580 129th Street, Roseland, recapped his letter of June 5, 2013 (on file),

requesting that the Board reconsider final settlement with him before he moves forward with

court actions.

Attorney Polackwich recalled that the Attorney-Client Session of June 4, 2013, resulted

in the Board rejecting previously discussed offers and terminating further discussion. He

recommended the Board stand on that action.

Chairman Flescher reminded Mr. Mensing that under “Public Discussion Items” the

Board does not initiate actions/motions.

Attorney Polackwich conveyed that he had reviewed Mr. Mensing’s accusations against

former County Attorney William G. Collins II, and did not believe that he did anything wrongful

or criminal, and that everything has been proper and protective of the County’s interests.

NO BOARD ACTION REQUIRED OR TAKEN

10.B.2. REQUEST TO SPEAK FROM DIANN RUSSANO REGARDING 82ND AVENUE

FROM 26TH STREET TO SR60 – TRUCKS AND TRAFFIC

Diann Russano, 2235 81st Terrace, Westside Villas, Vero Beach, voiced concerns over

the amount of traffic, the commercial trucks, and the non-compliance of the speed limit on 82nd

Avenue, from 26th Street south to SR 60. She said this is a residential area, and asked that the

Board address the numerous traffic violations on that stretch of road.

June 11, 2013 11

Vice Chairman Davis informed Ms. Russano that 82nd Avenue is going to be part of the

grid system for Indian River County, that it is currently considered a truck route, and the amount

of traffic on said road will not be decreasing.

County Administrator Joseph Baird revealed that the hauling route for the Wild Turkey

Mine is south on 82nd Avenue, and the hauling route for the other two mines are north on 82nd

Avenue.

Sheriff Deryl Loar said he understood her concerns, and gave assurance that uncovered

trucks, as well as the speed limit on 82nd Avenue would be monitored. At Chairman Flescher’s

request, the Sheriff agreed to provide an activity report on 82nd Avenue.


10.B.3. REQUEST TO SPEAK FROM ARDRA AND BILL RIGBY REGARDING

EQUALITY AND EQUAL OPPORTUNITY

Bill Rigby (accompanied by Ardra Rigby) 8465 59th Avenue, defined equality, equal

protection, and affirmative opportunities, and observed that over the past 30+ years there had not

been an African-American/Black hired in Indian River County as a County Commissioner,

County Administrator, or County Director. He wondered why the Gifford community had not

been represented, and requested the Board allow for equal and affirmative opportunities. He also

wanted staff and the people of Gifford to sit down together and find a solution to the problems so

that the Gifford community would be a better place to live.

Discussion ensued regarding the Florida Department of Economic Opportunity (DEO)

and the criteria for grant opportunities.


June 11, 2013 12

The Chairman called for a break at 10:34 a.m., and reconvened the meeting at 10:47

a.m., with all members present.

10.C. PUBLIC NOTICE ITEMS

10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 18, 2013: PUBLIC

HEARING TO CONSIDER GRANTING A FRANCHISE TO DISTRIBUTE

NATURAL GAS WITHIN THE UNINCORPORATED AREA OF INDIAN RIVER

COUNTY (ADMINISTRATIVE)

10.C.2. ADDITION: EMERGENCY ITEM - PUBLIC NOTICE OF PRESENTATION OF

NATURAL GAS EXPANSION BY FLORIDA CITY GAS, SCHEDULED FOR JUNE

17, 2013 AT 1:00 P.M. AT INDIAN RIVER COUNTY ADMINISTRATION

BUILDING “B”, CONFERENCE ROOM B1-501

The County Attorney read the notices into the record.

11. COUNTY ADMINISTRATOR MATTERS – NONE

12. DEPARTMENTAL MATTERS

12.A. COMMUNITY DEVELOPMENT

12.A.1. REQUEST FOR BOARD APPROVAL OF AN AGREEMENT WITH GRAND

HARBOR COMMUNITY ASSOCIATION, INC. FOR IMPROVEMENT AND

MAINTENANCE OF BOAT CLUB ISLAND (A.K.A. SPOIL ISLAND IR-25)

Environmental Planning Chief Roland DeBlois, using a PowerPoint presentation (on file)

provided background, conditions, and analysis on the proposed Agreement with the Grand

Harbor Community Association, Inc. (Association) for the improvement and maintenance of

June 11, 2013 13

Boat Club Island. He informed the Board that the Association volunteered to adopt the island

area to help with the cost to repair the docks and maintain the island; therefore, staff drafted a

proposed Agreement to allow for the adoption and partnership to maintain the island. He

recommended that the Board approve the Agreement and authorize staff to apply for a “Small-

Scale Spoil Island Restoration and Enhancement Grant” from the Florida Inland Navigation

District (FIND) to cost-share for dock repair and removal. He also expressed that the term of the

Agreement would be concurrent with the term of the County’s Lease with the State.

MOTION WAS MADE by Commissioner O’Bryan,

SECONDED BY Vice Chairman Davis, to approve staff’s

recommendation, with the caveat that staff contact the

State to see if the County’s five-year Lease can be

extended before moving forward.

Vice Chairman Davis believed it would be better, should the Lease not be extended with

the State, to move forward with the necessary improvements within the next two years.

MOTION WAS AMENDED by Commissioner O’Bryan,

SECONDED by Vice Chairman Davis, to direct staff to

request an extension to the County’s five-year Lease, and

if the State declines, to move forward with the

improvements within two years.

The Chairman CALLED THE QUESTION and the

motion carried unanimously. The Board: (1) approved the

Agreement with Grand Harbor Community Association,

Inc., for improvement and maintenance of Boat Club

Island; (2) directed staff to request an extension to the

County’s five-year Lease with the State, and if the State

declines, move forward with the improvements within two

June 11, 2013 14

years; (3) authorized the Chairman to execute the

Agreement on behalf of the County; and (4) authorized

staff to apply for a “Small-Scale Spoil Island Restoration

and Enhancement Grant” from the Florida Inland

Navigation District for cost-share of improvements to

Boat Club Island.

AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

12.A.2. CONSIDERATION OF ACQUISITION AND DISPOSITION OF BLOCK

PROPERTY

Community Development Director Robert Keating recapped his memorandum dated June

3, 2013. He provided background, conditions, and analysis regarding: (1) the Lands Assessment

Implementation Plan and the Block property, which consists of two district owned parcels

(comprising about 32 acres – located adjacent to the Hobart Landing Subdivision) that are no

longer necessary to serve St. John’s River Water Management District’s (SJRWMD) mission;

(2) the County’s consideration to acquire the two parcels from SJRWMD; and (3) the process of

conveying the Block property to the Indian River Land Trust (IRLT) with conditions that the

IRLT manage and maintain the property so a conservation easement could be put on the

properties by SJRWMD, at no cost to the County. He pointed out that Section 125.38 of the

Florida Statutes allows the County to convey the properties without having to adhere to surplus

property requirements.

The Board sought and received information regarding staff’s proposal, incurred expenses,

and the sale of the property without the conservation easement.

Director Keating informed the Board that the northern parcel has a mosquito

impoundment at the east end, and SJRWMD has an agreement with Mosquito Control to manage

it when the property is conveyed to IRLT.

June 11, 2013 15

Ralph Monticello, Director of Land Protection, Indian River Land Trust, spoke about

other cooperative ventures, and informed the Board that IRLT has a public entity on the property

north of the northern-most property, and they intend to use the Hobart Landing neighbors as

volunteers to work in cooperation with managing the property.

John Lambert, President of the Homeowners Association (HOA) at Hobart Landing

Subdivision, provided history of the property and conveyed that the HOA is happy to join the

IRLT partnership to keep the property in conservation, and encouraged the Board to support the

acquisition of the Block property.

MOTION WAS MADE by Commissioner Solari,

SECONDED by Vice Chairman Davis, to approve staff’s

recommendation.

Ken Grudens, Executive Director, Indian River Land Trust, thanked the Board for their

partnership, and commented on how fruitful the collaborations have been.

The Chairman CALLED THE QUESTION and the

motion carried unanimously. The Board: (1) approved the

County acquisition of the Block property with Indian

River Land Trust funding; (2) approved conveyance of the

Block property to the Land Trust with conditions that the

Land Trust manage/maintain the property; (3) authorized

the Chairman to execute any property transfer documents;

and (4) authorized County staff to take any necessary

actions to facilitate the property transfers, all as

recommended in the memorandum dated June 3, 2013.

12.B. EMERGENCY SERVICES - NONE

June 11, 2013 16

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

12.I. PUBLIC WORKS - NONE

12.J. UTILITIES SERVICES - NONE

13. COUNTY ATTORNEY MATTERS

13.A. INITIAL REVIEW AND CONSIDERATION OF IMPACT FEE SUSPENSION

ORDINANCE PERMISSION TO ADVERTISE FOR PUBLIC HEARING

County Attorney Alan Polackwich provided background, and reviewed the specifics of

the proposed ordinance that would suspend the payment of Impact Fees for a period of eighteen

months, and thereafter reinstate them quarterly, in 25% increments. He requested that the Board

review the proposed ordinance and decide whether to move forward.

Commissioner Zorc declared a conflict of interest with this item. He said he would

participate in discussion but abstain from voting.

June 11, 2013 17

Discussion ensued among the Commissioners regarding the 3-2 vote at the May 21, 2013,

Board of County Commission meeting, and now with Commissioner Zorc abstaining, today’s

vote would result in a 2-2 vote in moving forward with adopting the ordinance to suspend the

payment of Impact Fees.

Charles Wilson, 2001 9th Avenue, did not think Commissioner Zorc needed to recuse

himself at this juncture, only at the Public Hearing.

Attorney Polackwich explained why Commissioner Zorc has chosen to recuse himself.

Joe Paladin, President of Black Swan Consulting, and local Developer, spoke in

opposition to the moratorium on Impact Fees, and expressed that he never had a conversation

with Commissioner Zorc regarding Impact Fees.

Nicholas Geisler, Geisler and Geisler, P.A., felt there could be a concurrency issue if

Impact Fees were suspended, and if reinstated and strengthened, the Board could run into a

Constitutional issue with the new Impact Fees and its relation to the Dual Rational Nexus Test.

Scott Sanders, Director of Facilities and Maintenance Department of the Indian River

County School District, provided and reviewed his handout (on file) regarding information on

how Impact Fees have helped the Indian River County School District since 2005.

A brief discussion ensued regarding Impact Fees for schools.

Mr. Wilson voiced concern over the Impact Fees that were spent in the past, and the

liability that is carried with them.

Commissioner Solari provided the history of, and explained the reasons why Impact Fees

should not be suspended.

June 11, 2013 18

MOTION WAS MADE by Commissioner Solari,

SECONDED by Vice Chairman Davis, for discussion, to

not advertise for the Public Hearing to adopt a moratorium

suspending Impact Fees for a period of 18 months.

Vice Chairman Davis made observations regarding the Public Hearing and Commissioner

Zorc abstaining from the vote, and the Board took the following action.

The Chairman CALLED THE QUESTION, by a 3-1 vote

(Vice Chairman Davis opposed and Commissioner Zorc

abstained), the Motion carried.

Commissioner Zorc proposed holding an Impact Fee Workshop on July 11th, and said he

would add it to the June 18th Agenda, under his matters.

FORM 8B, MEMORANDUM OF VOTING CONFLICT ON FILE

IN THE OFFICE OF THE CLERK TO THE BOARD

14. COMMISSIONER ITEMS

14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN - NONE

14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN

14.B.1. CHILDREN SERVICES ADVISORY COMMITTEE (CSAC) DISTRICT 1

APPOINTMENT

Vice Chairman Davis asked the Commissioners to consider removing Paul Reeves from

the Member-at-Large position for the Children Services Advisory Committee, and appointing

him as the District 1 Appointee.

June 11, 2013 19


Chairman Flescher, the Board unanimously approved to

remove Paul Reeves from the Children Service Advisory

Committee (CSAC) District 1 Member-at-Large position,

and appoint him as the District 1 Appointee, as requested

in the memorandum of May 28, 2013.

14.C. COMMISSIONER PETER D. O’BRYAN - NONE

14.D. COMMISSIONER BOB SOLARI - NONE

14.E. COMMISSIONER TIM ZORC

14.E.1. STAFFING LEVELS IN THE COMMISSION OFFICE

Commissioner Zorc relayed that he wanted to be in the office and observe the workload

for six months before bringing this to the Board for discussion. He said that because he shares

Commissioner O’Bryan’s Assistant, and due to her existing workload, he often hesitates giving

her things to do because he does not want to over burden her. He observed that the transcribing

task takes most of the Assistants’ time, and wondered if a receptionist should be hired, or if the

transcribing should be contracted out. He voiced concerns over the lack of coverage at the front

desk, and asked for suggestions on creating a more sustainable working environment.

Commissioner Solari offered suggestions to fellow Commissioners on how to get their

work accomplished, opposed hiring additional Assistants, and said he would do anything to help

increase office efficiency as long as it would not increase the citizens’ tax dollars.

Commissioner Zorc stressed that he only asks for the Assistant to arrange the meetings

for him to attend.

June 11, 2013 20

Vice Chairman Davis compared today’s technology to the office’s antiquated practice of

transcribing minutes, and suggested that the Board approve the meeting’s DVD and/or audio,

and not the minutes, He suggested staff look into voice recognition software to allow more time

for the office Assistants to perform their other duties.

During discussion regarding the office structure and the Assistant’s duties, the Board

noted that transcribing of minutes was the most time consuming of tasks.

Attorney Polackwich explained why the DVD and/or audio could not be approved in lieu

of minutes, and felt the minutes may be a “flexible term” in moving forward with today’s

technology.

Vice Chairman Davis did not want the transcription task to be shifted to another office,

he wanted to see more thinking “outside the box.”

Chairman Flescher spoke about the additional duties, responsibilities, and paperwork

involved in being the Chairman of the Board of County Commissioners, and offered suggestions

on how the additional duties could be divided. He also believed that each Commissioner should

have the right to elect to have his own Assistant, to operate effectively.

Administrator Baird said he would review the Commissioners’ concerns and suggestions,

look at automation and other ways of transcribing the minutes, talk to the Clerk of the Circuit

Court and Comptroller, and bring the information back to the Board.

15. SPECIAL DISTRICTS AND BOARDS

15.A. EMERGENCY SERVICES DISTRICT - NONE

June 11, 2013 21

15.B. SOLID WASTE DISPOSAL DISTRICT

15.B.1. CHANGE ORDER NO. 1 TO PAUL JACQUIN & SONS, INC. (BID NO.

2012051) FOR THE NEW OSLO CUSTOMER CONVENIENCE CENTER

PROJECT

The Board reconvened as the Board of Commissioners of the Solid Waste District.

Those Minutes are available separately.

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 meeting adjourned at

12:22 p.m.

ATTEST:

_________________________________ ________________________________

Jeffrey R. Smith, Clerk Joseph E. Flescher, Chairman Clerk of Circuit Court and Comptroller

Minutes Approved: _________________

BCC/LA/2013Minutes



The following items were added to the agenda by commission vote during the

meeting. Additional back‐up attached.

ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

9:01 a.m.

Addition Addition

5.C. 10.C.1.

Proclamation Honoring Alan S. Polackwich on his Retirement Emergency Item - Notice of Special Call Meeting (Fertilizer and Landscape Management)

PROCLAMATION sc..

HONORING ALAN 5. POLACKWICH ON HIS RETIREMENT

WHEREAS, Alan S. Polackwich, Sr. is retiring as the Indian River County Board of County Commissioners' Attorney, effective August 2, 2013; and '

WHEREAS, Alan was selected by the Board of County Commissioners for the position of County Attorney where he has been serving as Indian River County Attorney since February 23, 201 0; and

WHEREAS, Alan has had a significant impact t..,:_,iJ~: Indian River County and the manner in which Indian River County conducts business; and

WHEREAS, Alan has forever changed the view that the Indian River County Board of County Commissioners have on personal contracts, by creating what has been termed "a non-contract personal contract"; and

WHEREAS, Alan's counseling approach has been efficient, cost-effective and beneficial to the citizens of Indian River County; and

WHEREAS, Alan has been instrumental in reassessing, reevaluating and restructuring the activities of the Office on General Counsel for Indian River County; and

WHEREAS, Alan has been an attorney in both private and governmental practice for over 37 years; and

WHEREAS, Alan served as Chairman of the United Way of Florida, the United Way of Indian River County and the Indian River Medical Center Board of Directors and a member of numerous other community organizations which have had a positive impact on the way of life in Indian River County; and

WHEREAS, Alan is a dedicated family man with a variety of hobbies that include flying, racecar driving and grand parenting, not necessarily in that order. -

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Alan S. Polackwich Sr.'s efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County during his tenure as General Counsel; and

BE IT FURTHER PROCLAIMED, that the Board of County Commissioners and Staff extend Alan S. Polackwich Sr.'s heartfelt wishes for success in his future endeavors and a happy and prosperous retirement.

Duly adopted this gth day of July, 2013 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

~dc2/2..Af!_-----oseph E. Flescher, Cha1rman

~l;,b=L-= Wesley S. D ~s. Vice Chairman

~ \:ke_~

_EMERGEN_CYADDITION TO AGENDA BOARD OF COUNTY COMMISSIONERS JULY9,2013

AGENDA ITEM: lOCI

NOTICE OF SPECIAL CALL MEETING

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a Special Call Meeting for the purpose of conducting a Public Hearing and considering adoption of a proposed ordinance entitled:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MODEL ORDINANCE FOR FLORIDA FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MINOR MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.

The Special Call Meeting will be held on Thursday, July 18, 2013 at 9:00a.m. in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance.

The proposed ordinance may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners located on the 2nd floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida.

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 24 hours in advance of the meeting.

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS JOSEPH E. FLESCHER, CHAIRMAN