HomeMy WebLinkAbout10/01/2013 (2)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, OCTOBER 1, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Wesley S. Davis, Vice Chairman
Peter D. O'Bryan
Bob Solari
Tim Zorc
District 2
District 1
District 4
District 5
District 3
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Deputy Teddy Floyd, Indian River County
Sheriffs Department
Commissioner Peter D. O'Bryan
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
PAGE
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Recognizing National Domestic Violence
Awareness Month 1
B. Presentation of Proclamation Designating October 6 through October 12,
2013, as Mental Illness Awareness Week in Indian River County, Florida 2
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October 1, 2013 Page 1 of 7
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation of Proclamation Designating the Month of October, 2013 as
Indian River County Family History Month 3
D. Presentation by Christopher "Andy" Hemmings, Lead Archeologist, Old
Vero Ice Age Site
E. Presentation by Todd Howder, President, Vero Beach Air Show, Inc.,
Announcing the Vero Beach Air Show which is taking place on October 5th'
and 6th, 2013, at the City of Vero Beach Municipal Airport
F. Presentation by Vincent Outler and Crystal Bujol on the Gifford Youth
Orchestra Annual Concert and 10t11 Anniversary Celebration
G. Presentation by Jacki Jackson, CEO/Executive Director, Early Learning
Coalition of Indian River, Martin, and Okeechobee Counties
6. APPROVAL OF MINUTES
A. Regular Meeting of August 20, 2013
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Resignation of Todd Westover to the Enterprise Zone Development Agency
(EZDA)
(memorandum dated September 19, 2013)
4-5
B. Recognition of Bela Nagy, Golf Professional — Sandridge Golf Club, on
being Named 2013 South Florida Section PGA Merchandiser of the Year in
the Public Category
6-7
8. CONSENT AGENDA
A. Approval of Warrants — September 6, 2013 to September 12, 2013
(memorandum dated September 12, 2013) 8-15
B. Proclamation and Retirement Award Honoring Lynn Williams on His
Retirement from Indian River County Board of County Commissioners
Department of Public Works/Facilities Management with Thirty -Two Years
of Service
16-17
C. Selection of Continuing Professional Surveying and Mapping Services —
RFQ# 2013043 — IRC Project No. 1333
(memorandum dated September 10, 2013)
October 1, 2013
18-78
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8. CONSENT AGENDA PAGE
D. Renewal of Agreement with Indian River County Fair Association for Use of
County Fairgrounds
(memorandum dated August 14, 2013) 79-81
E. Approval of Bid Award for IRC Bid No. 2014004 Annual Bid for Asphalt
Paving and Resurfacing
(memorandum dated September 20, 2013)
82-89
F. Change Order #4 Crime Scene Facility Proctor Construction Company
(memorandum dated June 11, 2013) 90-102
G. FDOT Local Agency Program (LAP) Supplemental Agreement and
Resolution Authorizing the Chairman's Signature — Old Dixie Highway
Sidewalk from 8th Street to 20`h Street, IRC Project No. 1102 — FM#:
425710-1-58-01
(memorandum dated September 13, 2013)
103-109
H. Consideration of the Indian River County Transit Development Plan (TDP)
Major Update
(memorandum dated September 20, 2013)
110-112
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Indian River County Sheriff — Deryl Loar
Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant (JAG)
Formula Program: Local Solicitation
(letter dated September 18, 2013)
113-116
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Robert Williams' Request to Rezone ± 0.15 Acres from RS -6 to
RM -6
(memorandum dated September 3, 2013)
October 1, 2013
117-140
Quasi -Judicial
2. County Initiated Request to Amend the Text of the Potable Water
and Sanitary Sewer Sub -elements of the County's Comprehensive
Plan
(memorandum dated August 28, 2013)
141-170
Legislative
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10. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
3. Proposed Amendment to Fertilizer and Landscape Management
Ordinance
(memorandum dated September 18, 2013)
Legislative
171-175
4. Ordinance Regarding Reasonable Opportunity to be Heard, Per
Senate Bill 50
(memorandum dated September 18, 2013)
Legislative
B. PUBLIC DISCUSSION ITEMS
None
176-181
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing for October 15, 2013:
Board consideration of the approval of a plan of finance to provide
capital, including the issuance from time to time by the Escambia
County Housing Finance Authority, on behalf of Indian River
County and other participating counties, of not exceeding
$150,000,000 Single Family Mortgage Revenue Bonds
(memorandum dated September 24, 2013)
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
1. Report on Current Zoning of County Administration Campus
(memorandum dated September 23, 2013)
B.
182
183-187
2. Consideration of the Florida Department of Environmental
Protection's Proposed Surplus and Sale of Three Conservation Land
Parcels Associated with the St. Sebastian River Preserve State Park
(memorandum dated September 23, 2013).
188-200
Emergency Services
None
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October 1, 2013 Page 4 of 7
12. DEPARTMENTAL MATTERS PAGE
C.
D.
E.
F.
G.
H.
I.
J.
General Services
None
Human Resources
None
Human Services
None
Leisure Services
None
Office of Management and Budget
None
Recreation
None
Public Works
None
Utilities Services
1. Vero Shores 10" Force Main Replacement Under US1, Final Pay to
Andrew Sitework, LLC
(memorandum dated September 12, 2013)
201-211
13. COUNTY ATTORNEY MATTERS
A. Fourth Amendment and Extension to Contract for Providing Animal Shelter
Services for Indian River County
(memorandum dated September 25, 2013)
212-216
B. Request for Satisfaction of Code Enforcement Lien at 2443 2" Place SW
Ixora Park Subdivision
(memorandum dated September 24, 2013)
October 1, 2013
217-218
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14. COMMISSIONERS ITEMS
A.
B.
C.
D.
E.
Commissioner Joseph E. Flescher, Chairman
1. Appointment for Tourist Development Council (TDC) A Person
Interested in Tourism Development/Not an Owner of Hotel/Motel/
or Tourist Accommodations
(memorandum dated September 18, 2013)
219
Commissioner Wesley S. Davis, Vice Chairman
None
Commissioner Peter D. O'Bryan
1. Update on the Indian River Lagoon Counties Collaborative
(memorandum dated September 24, 2013) 220
Commissioner Bob Solari
1. Electronic Cigarettes
(memorandum dated September 23, 2013) 221-224
Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
1. Approval of Minutes — Meeting of August 20, 2013
2. Request for General Funds — PACE Project and Other Community
Projects
(memorandum dated September 19, 2013)
225-228
Environmental Control Board
None
16. ADJOURNMENT
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October 1, 2013 Page 6 of 7
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.
October 1, 2013
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Page 7 of 7
..r
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR WORKSHOP
BOARD OF COUNTY COMMISSIONERS
OCTOBER 1, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION RECOGNIZING NATIONAL DOMESTIC
VIOLENCE AWARENESS MONTH 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 6 THROUGH
OCTOBER 12, 2013, AS MENTAL ILLNESS AWARENESS WEEK IN INDIAN RIVER
COUNTY, FLORIDA 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER,
2013 AS INDIAN RIVER COUNTY FAMILY HISTORY MONTH 3
5.D. PRESENTATION BY CHRISTOPHER "ANDY" HEMMINGS, LEAD ARCHEOLOGIST,
OLD VERO ICE AGE SITE 3
5.E. PRESENTATION BY TODD HOWDER, PRESIDENT, VERO BEACH AIR SHOW, INC.,
ANNOUNCING THE VERO BEACH AIR SHOW WHICH IS TAKING PLACE ON
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October 1, 2013 1
OCTOBER 5TH AND 6TH, 2013, AT THE CITY OF VERO BEACH MUNICIPAL
AIRPORT 3
5.F. PRESENTATION BY VINCENT OUTLER AND CRYSTAL BUJOL ON THE GIFFORD
YOUTH ORCHESTRA ANNUAL CONCERT AND 10T" ANNIVERSARY CELEBRATION 4
5.G. PRESENTATION BY JACKI JACKSON, CEO/EXECUTIVE DIRECTOR, EARLY
LEARNING COALITION OF INDIAN RIVER, MARTIN, AND OKEECHOBEE
COUNTIES 4
6. APPROVAL OF MINUTES 5
6.A. MEETING OF AUGUST 20, 2013 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 5
7.A. RESIGNATION OF TODD WESTOVER FROM THE ENTERPRISE ZONE
DEVELOPMENT AGENCY (EZDA) 5
7.B. RECOGNITION OF BELA NAGY, GOLF PROFESSIONAL - SANDRIDGE GOLF CLUB,
ON BEING NAMED 2013 SOUTH FLORIDA SECTION PGA MERCHANDISER OF THE
YEAR IN THE PUBLIC CATEGORY 6
8. CONSENT AGENDA 6
8.A. APPROVAL OF WARRANTS - SEPTEMBER 6, 2013 TO SEPTEMBER 12, 2013 6
8.B. PROCLAMATION AND RETIREMENT AWARD HONORING LYNN WILLIAMS ON HIS
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF PUBLIC WORKS/FACILITIES MANAGEMENT
WITH THIRTY-TWO YEARS OF SERVICE 7
8.C. SELECTION OF CONTINUING PROFESSIONAL SURVEYING AND MAPPING
SERVICES - RFQ# 2013043 - IRC PROJECT No. 1333 7
8.D. RENEWAL OF AGREEMENT WITH INDIAN RIVER COUNTY FAIR ASSOCIATION
FOR USE OF COUNTY FAIRGROUNDS 8
8.E. APPROVAL OF BID AWARD FOR IRC BID No. 2014004 ANNUAL BID FOR
ASPHALT PAVING AND RESURFACING 8
8.F. CHANGE ORDER #4 CRIME SCENE FACILITY PROCTOR CONSTRUCTION
COMPANY 9
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October 1, 2013 2
8.G. FDOT LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT AND
RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE OLD DIXIE
HIGHWAY SIDEWALK FROM 8TH STREET TO 20TH STREET, IRC PROJECT No.
1102 — FM#: 425710-1-58-01 9
8.H. CONSIDERATION OF THE INDIAN RIVER COUNTY TRANSIT DEVELOPMENT PLAN
(TDP) MAJOR UPDATE 10
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 10
9.A. INDIAN RIVER COUNTY SHERIFF DERYL LOAR - FISCAL YEAR 2013 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM:
LOCAL SOLICITATION 10
10. PUBLIC ITEMS 11
10.A. PUBLIC HEARINGS 11
10.A.1. ROBERT WILLIAMS' REQUEST TO REZONE f 0.15 ACRES FROM RS -6 TO RM -6
(QUASI-JUDICIAL) 11
10.A.2. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE POTABLE WATER
AND SANITARY SEWER SUB -ELEMENTS OF THE COUNTY'S COMPREHENSIVE
PLAN (LEGISLATIVE) 12
10.A.3. PROPOSED AMENDMENT TO FERTILIZER AND LANDSCAPE MANAGEMENT
ORDINANCE (LEGISLATIVE) 15
10.A.4. ORDINANCE REGARDING REASONABLE OPPORTUNITY TO BE HEARD, PER
SENATE BILL 50 (LEGISLATIVE) 16
10.B. PUBLIC DISCUSSION ITEMS - NONE 18
10.C. PUBLIC NOTICE ITEMS 18
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING OCTOBER 15, 2013: BOARD
CONSIDERATION OF THE APPROVAL OF A PLAN OF FINANCE TO PROVIDE
CAPITAL, INCLUDING THE ISSUANCE FROM TIME TO TIME BY THE ESCAMBIA
COUNTY HOUSING FINANCE AUTHORITY, ON BEHALF OF INDIAN RIVER
COUNTY AND OTHER PARTICIPATING COUNTIES, OF NOT EXCEEDING
$150,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS 18
11. COUNTY ADMINISTRATOR MATTERS - NONE 18
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October 1, 2013 3
12. DEPARTMENTAL MATTERS 18 -'
12.A. COMMUNITY DEVELOPMENT 18
12.A.1. REPORT ON CURRENT ZONING OF COUNTY ADMINISTRATION CAMPUS 18
12.A.2. CONSIDERATION OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION'S PROPOSED SURPLUS AND SALE OF THREE CONSERVATION LAND
PARCELS ASSOCIATED WITH THE ST. SEBASTIAN RIVER PRESERVE STATE PARK 19
12.B. EMERGENCY SERVICES - NONE 20
12.C. GENERAL SERVICES - NONE 20
12.D. HUMAN RESOURCES - NONE 20
12.E. HUMAN SERVICES - NONE 20
12.F. LEISURE SERVICES - NONE 20
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 20
12.H. RECREATION - NONE 20
12.I. PUBLIC WORKS - NONE 21
12.J. UTILITIES SERVICES 21
12.J.1. VERO SHORES 10" FORCE MAIN REPLACEMENT UNDER US1, FINAL PAY TO
ANDREW SITEWORK, LLC 21
13. COUNTY ATTORNEY MATTERS 21
13.A. FOURTH AMENDMENT AND EXTENSION TO CONTRACT FOR PROVIDING ANIMAL
SHELTER SERVICES FOR INDIAN RIVER COUNTY 21
13.B. REQUEST FOR SATISFACTION OF CODE ENFORCEMENT LIEN AT 2443 2ND PLACE
SW IXORA PARK SUBDIVISION 22
14. COMMISSIONER ITEMS 23
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN 23
14.A.1. APPOINTMENT FOR TOURIST DEVELOPMENT COUNCIL (TDC) A PERSON
INTERESTED IN TOURISM DEVELOPMENT/NOT AN OWNER OF HOTEL/MOTEL/
OR TOURIST ACCOMMODATIONS 23
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 24
14.C. COMMISSIONER PETER D. O'BRYAN 24
14.C.1. UPDATE ON THE INDIAN RIVER LAGOON COUNTIES COLLABORATIVE 24
14.D. COMMISSIONER BOB SOLARI 25
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October 1, 2013 4
14.D.1. ELECTRONIC CIGARETTES 25
14.E. COMMISSIONER TIM ZORC - NONE 26
15. SPECIAL DISTRICTS AND BOARDS 26
15.A. EMERGENCY SERVICES DISTRICT - NONE 26
15.B. SOLID WASTE DISPOSAL DISTRICT 26
15.B.1. APPROVAL OF MINUTES — MEETING OF AUGUST 20, 2013 26
15.B.2. REQUEST FOR GENERAL FUNDS — PACE PROJECT AND OTHER COMMUNITY
PROJECTS 26
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 27
16. ADJOURNMENT 27
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October 1, 2013 5
JEFFREY R. SMITH
Clerk to the Board
October 1, 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, October 1, 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
Assistant County Administrator Michael Zito, County Attorney Dylan T. Reingold, and Deputy
Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff's Department, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner O'Bryan led the Pledge of Allegiance to the Flag.
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October 1, 2013 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION RECOGNIZING NATIONAL DOMESTIC
VIOLENCE A WARENESS MONTH
Chairman Flescher read and presented the Proclamation to Tracy Levy, representative of
SafeSpace, Inc. She announced the "Walk a Mile in Her Shoes" event scheduled for Saturday,
October 26, 2013, starting at 10:30 a.m., at the Indian River Mall,
S.B. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 6 THROUGH
OCTOBER 12, 2013, AS MENTAL ILLNESS A WARENESS WEEK IN INDIAN
RIVER COUNTY, FLORIDA
Commissioner Zorc read and presented the Proclamation to Valerie Smith, President of
National Alliance Mental Illness (NAMI), and members of NAMI. She announced that on
Tuesday, October 8, 2013, from 2:30 p.m. to 4:30 p.m., there would be a special program at the
Indian River Main Library, featuring guest speaker Reverend Dr. John F. Baggett.
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October 1, 2013 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF ..v
OCTOBER, 2013 AS INDIAN RIVER COUNTY FAMILY HISTORY MONTH
Commissioner Solari read and presented the Proclamation to Robert Satola, President of
the Indian River Geological Society, Tony Young, past President, and Board Members of the
Society. He announced that on Tuesday, October 15, 2013, at 5:00 p.m., the Society would be
presenting historical information to interested Indian River County employees.
S.D. PRESENTATION BY CHRISTOPHER "ANDY" HEMMINGS, LEAD
ARCHEOLOGIST, OLD VEROICEAGESITE
Dick Kerr, member of the Vero Ice Age Committee, introduced Christopher "Andy"
Hemmings, Lead Site Archeologist for the excavation of the Ice Age site, which will start in
January 2014.
Christopher "Andy" Hemmings provided background, described the importance of the
project, and revealed future plans.
S.E. PRESENTATION BY TODD HoWDER, PRESIDENT, VERO BEACH AIR SHOW,
INC., ANNOUNCING THE VERO BEACH AIR SHOW WHICH IS TAKING
PLACE ON OCTOBER STH AND 6Tfl, 2013, AT THE CITY OF VERO BEACH
MUNICIPAL AIRPORT
Todd Howder, President of the Vero Beach Air Show, Inc., announced the 2013 Vero
Beach Air Show event (flier on file) scheduled for October 5th and 6th at the City of Vero Beach
Municipal Airport. Funds will be raised for the prevention of child abuse in Indian River
County, and help local veterans in need.
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October 1, 2013 3
5. F. PRESENTATION BY VINCENT OUTLER AND CRYSTAL BUJOL ON THE
GIFFORD YOUTH ORCHESTRA ANNUAL CONCERT AND LOTH ANNIVERSARY
CELEBRATION
Vincent Outler provided background on the Gifford Youth Orchestra, and introduced its
founder, Dr. Crystal Bujol. She spoke about the history of the organization, its future, and the
1011' Anniversary Celebration scheduled for November 2, 2013, at 2:00 p.m., at the Emerson
Center (brochure on file).
S. G. PRESENTATION BY JACKI JACKSON, CEO/EXECUTIVE DIRECTOR, EARLY
LEARNING COALITION OF INDIAN RIVER, MARTIN, AND OKEECHOBEE
COUNTIES
Jacki Jackson, CEO/Executive Director of the Early Learning Coalition, provided an
annual update on the organization, and asked the Board to pass a resolution authorizing a
County -wide referendum on the 2014 ballot to see if voters would want an independent
Childrens Services Council.
Elizabeth Barbella, Executive Director of the House of Hope in Martin County,
recapped her PowerPoint presentation (on file), providing information on Florida's Childrens
Services Councils.
A lengthy discussion followed as the Board discussed and debated whether this item
should go to referendum.
Management and Budget Director Jason Brown said that from a historical perspective,
when the Board adopted the Childrens Services ordinance, the thought of a separate organization
was considered, but due to reasons of duplication of services, additional bureaucracy, and
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October 1, 2013 4
additional administrative costs, the Board decided against a separate entity. He also pointed out
the millage changes over the years, and the cut backs in funding when the tax rolls went down.
Ms. Jackson wanted to know what her next step would be.
Chairman Flescher informed Ms. Jackson that this matter could come back to the Board
under a Commissioner or staff item for further discussion.
The Chairman called for a recess at 11:04 a.m., and reconvened the meeting at 11:16
a.m., with all members present.
6. APPROVAL OF MINUTES
6.A. MEETING OF AUGUST 20, 2013
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the meeting minutes of August 20, 2013, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. RESIGNATION OF TODD WESTOVER FROM THE ENTERPRISE ZONE
DEVELOPMENT AGENCY (EZDA)
Noted for the record was the vacancy of Todd Westover, who tendered his resignation
effective immediately as a Member at Large; his term would have expired in January 2015.
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October 1, 2013 5
7.B. RECOGNITION OF BELA NAGY, GOLF PROFESSIONAL — SANDRIDGE GOLF
CLUB, ON BEING NAMED 2013 SOUTH FLORIDA SECTION PGA
MERCHANDISER OF THE YEAR IN THE PUBLIC CATEGORY
The Board and staff recognized Bela Nagy for being named the 2013 South Florida
Section Professional Golfers Association (PGA) Merchandiser of the year.
8. CONSENT AGENDA
Chairman Flescher asked if there was anyone in the audience who wished to pull an item
on the Consent Agenda for discussion. There were no speakers.
8.A. APPROVAL OF WARRANTS — SEPTEMBER 6, 2013 TO SEPTEMBER 12, 2013
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
list of Warrants and Wires issued by the Comptroller's
Office for the time period of September 6, 2013 to
September 12, 2013, as requested in the memorandum of
September 12, 2013.
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October 1, 2013 6
8.B. PROCLAMATION AND RETIREMENT AWARD HONORING LYNN WILLIAMS
ON His RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF PUBLIC WORKS/FACILITIES
MANAGEMENT WITH THIRTY-TWO YEARS OF SERVICE
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Proclamation and Retirement Award honoring Lynn
Williams on his retirement from the Department of Public
Works/Facilities Management.
8.C. SELECTION OF CONTINUING PROFESSIONAL SURVEYING AND MAPPING
SERVICES — RFO# 2013043 - IRC PROJECT No. 1333
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Fee Schedules and Master Agreements for surveying and
mapping services with: (1) Carter Associates, Inc.;
(2) Kimley-Horn and Associates, Inc.; (3) Masteller,
Moler, Reed, and Taylor, Inc.; (4) Morgan and Eklund,
Inc.; and (5) Southeastern Surveying and Mapping
Corporation; and authorized the Chairman to execute said
Agreements, as recommended in the memorandum of
September 10, 2013.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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October 1, 2013 7
8.D. RENEWAL OF AGREEMENT WITH INDIAN RIVER COUNTY FAIR
ASSOCIATION FOR USE OF COUNTY FAIRGROUNDS
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute the "Renewal of
Agreement for Use of Indian River County Fairgrounds"
with the Indian River County Fair Association, Inc., as
recommended in the memorandum of August 14, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. APPROVAL OF BID AWARD FOR IRC BID No. 2014004 ANNUAL BID FOR
ASPHALT PAVING AND RESURFACING
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously authorized: (1)
the award of Bid Items 1-9 to Community Asphalt
Corporation of Vero Beach, and award of Bid Item 10 to
Ranger Construction Industries, Inc. of Fort Pierce, as the
lowest responsive and responsible bidders meeting the
specifications as set forth in the Invitation to Bid; (2) the
Purchasing Division to issue blanket purchase orders for
the period of October 1, 2013 through September 30, 2014
to the recommended bidders; and (3) the Purchasing
Manager to renew this bid for two (2) additional one (1)
year periods subject to satisfactory performance, vendor
acceptance, and the determination that renewal of this
annual bid is in the best interest of Indian River County, as
recommended in the memorandum of September 20, 2013.
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October 1, 2013 8
8.F. CHANGE ORDER #4 CRIME SCENE FACILITY PROCTOR CONSTRUCTION
COMPANY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Change Order No. 4
to the Crime Scene Facility Contract with Proctor
Construction Company, in the amount of $5,909.38,
increasing the contract amounts to $1,877,355.11, as
recommended in the memorandum of June 11, 2013.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. FDOT LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT
AND RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE — OLD
DIXIE HIGHWAY SIDEWALK FROM 8T" STREET TO 20TH STREET, IRC
PROJECT NO. 1102 - FM#: 425710-1-58-01
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-108, authorizing execution of a
supplemental agreement for the sidewalk construction on
Old Dixie Highway from 8th Street to 20th Street with the
State of Florida, Department of Transportation.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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October 1, 2013 9
8.H. CONSIDERATION OF THE INDIAN RIVER COUNTY TRANSIT DEVELOPMENT
PLAN (TDP) MAJOR UPDATE
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Transit Development Plan, as recommended in the
memorandum of September 20, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. INDIAN RIVER COUNTYSHERIFFDERYL LOAR - FISCAL YEAR 2013
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
FORMULA PROGRAM: LOCAL SOLICITATION
(Clerk's Note: This Item was heard following Item S.G., and is placed here for
continuity.)
Chairman Flescher asked if there was anyone who wished to speak on this item, and there
being none, moved forward with the motion.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously authorized the
Sheriff to move forward with the Fiscal Year 2013
Edward Byrne Memorial Justice Assistance Grant (JAG)
Formula Program: Local Solicitation. The JAG grant is
in the amount of $21,928.00, with no match required, for
the purchase of information technology items described
MC 144 PG 404
October 1, 2013 10
as: Message Switch and three computers, as requested in
the letter dated September 18, 2013.
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. ROBERT WILLIAMS' REQUEST TO REZONE ± 0.15 ACRES FROM RS -6 TO
RM -6 (QUAsI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
The Commissioners, as requested by the Chairman, divulged that there had been no ex
parte communications, site visits, or independent investigations. They also affirmed that they
have an open mind and are able to base their decisions on the evidence presented and the
applicable law.
In accordance with Chairman Flescher's declaration that this meeting was quasi-judicial,
the Deputy Clerk administered the Oath to all persons who wished to speak.
Community Development Director Robert Keating, using a PowerPoint presentation (on
file), explained the request and the purpose of rezoning ± 0.15 acres of undeveloped property,
located at 910 9th Court S.W., from RS -6 Single -Family Residential District to RM -6 Multi -
Family Residential District. He reported that both the Planning and Zoning Commission and
staff recommend the Board approve the proposed rezoning request.
Commissioners sought clarification from staff regarding access to the property and the
applicant's mailing address.
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
BK 144 PG 41)5
October 1, 2013 11
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Ordinance 2013-013, amending the Zoning
Ordinance and the accompanying Zoning Map for
approximately ± .15 acres located at 910 9th Court S.W.
from RS -6, Single -Family Residential District (up to 6
units/acre), to RM -6, Multi -Family Residential District
(up to 6 units/acre); and providing codification,
severability, and effective date.
1O.A.2. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE POTABLE
WATER AND SANITARY SEWER SUB -ELEMENTS OF THE COUNTY'S
COMPREHENSIVE PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling used a PowerPoint presentation (on file) to recap his
memorandum dated August 28, 2013. He recalled that at the June 18, 2013 Board of County
Commissioners meeting, a number of property owners who reside along 66th Avenue, outside the
Urban Service Area, expressed a strong desire to be connected to centralized water and sewer
main lines being installed along the road. He defined the procedures for reviewing
Comprehensive Plan amendments; explained the purpose of the proposed text amendments to
Policy 5.7 of the Potable Water Policy, and Policy 5.8 of the Sanitary Sewer; spoke about the
consistency with the Comprehensive Plan; analyzed different scenarios on how an amendment
could affect certain properties; and revealed that the Planning and Zoning Commission had
recommended that the Board adopt a revised amendment that would allow connection only for
properties adjacent to a main line. Staff's recommendation is for the Board to approve the
BK 144 PG 406
October 1, 2013 12
transmittal resolution and announce the intention to adopt the amendment at a future final
hearing.
Public Works Director Chris Mora explained staff's objection to extending the water
lines beyond 500 feet.
Commissioners Davis and Zorc sought and received additional information regarding
road right-of-ways.
Director of Utility Services Vincent Burke outlined the five points listed on page 157 of
the Agenda Packet, relating to expanding water and/or sewer service outside the Urban Service
Area. He spoke about issues concerning right-of-ways, water lines in tight areas, extending
water lines to properties outside the 500 -foot maximum distance, and installing lines that are not
designed as part of the master plan system.
Discussion ensued as the Commissioners sought and received information and
clarification from staff.
The Chairman opened the Public Hearing.
Larry Semprevivo, 7020 4th Street, pointed out that on 66th Avenue there is a fire
hydrant and a newly trenched ditch on the west side of 66th Avenue to 72nd Street, and wanted to
know if a fire hydrant could be installed in the vicinity of 74th Street. He spoke about the poor
water quality issues for people living west of 66th Avenue; did not believe that running a water
line west of town would be a problem since there is already a trench and line there; and felt this
would benefit that entire area.
Robert Brice, 125 McKee Lane, thanked the Board for their support; believed the
answer to the situation goes beyond today's discussion; stressed that only a water system can
BK 144 PG 407
October 1, 2013 13
make the water quality satisfactory; and was convinced that eventually the whole area would be
provided with County water.
Chris Crawford, 185 66th Avenue, voiced concerns over health issues due to the water
quality, said his property is about 500 feet from the water line, and has interest in connecting to it
at $10 per foot, but not $50.
Discussion ensued regarding cost sharing for running a water line,
Todd Vanhouten, 1495 Treasure Cove Lane, who works for a water conditioning
business, disclosed that there are solutions to solving some of the water quality issues through
new technology, and conveyed that his local business could help.
There being no additional speakers, the Chairman closed the Public Hearing.
Discussion ensued among Commissioners and staff pertaining to the poor quality of
water and providing residents with County water.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to: (1) approve
Resolution 2013-109, approving the transmittal of a
proposed Indian River County Comprehensive Plan text
amendment to State and Regional Review Agencies;
(2) announce staffs recommendation to hold and advertise
a final public hearing at the adoption stage of the plan
amendment process; and (3) and direct staff to continue
exploring ways to facilitate future connections.
811 144PG408
October 1, 2013 14
Vice Chairman Davis voiced concerns that staffs recommendation would not resolve the
enclave problem, and Commissioner Solari stated that his Motion would solve the problem at
hand today; and the other issues could be addressed after staff has a chance to analyze the issues
further.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
1O.A.3. PROPOSED AMENDMENT TO FERTILIZER AND LANDSCAPE
MANAGEMENT ORDINANCE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Dylan Reingold recalled that on August 20, 2013, the Board approved a
comprehensive Fertilizer Ordinance (2013-012), and on September 10, 2013, the Board directed
the County Attorney's office to draft an amendment to the Ordinance on two issues: (1) provide
a period of time (up to June 1, 2014) to phase in the 50% slow-release nitrogen, and (2) regulate
that the Ordinance and its provision only be applicable within the unincorporated area of Indian
River County.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, sought and received clarification on the
restricted season for fertilizing (June 1 — September 30); enforcement procedures and penalties;
and the Enforcement Officer position.
Commissioner Solari suggested that Resolution 2013-089 be added to the County's
website so the public can view the "Citation Ordinance Schedule of Penalties and Notification of
Time Frames."
144 PG 409
October 1, 2013 15
There being no additional speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Ordinance 2013-014, concerning the Fertilizer and
Landscape Management Ordinance, amending Section
316.6 (Fertilizer Content and Application Rates) and
Section 316.15 (Applicability) of Chapter 316 (Indian
River County Fertilizer and Landscape Management
Ordinance) of the Code of Indian River County to allow
for the gradual amortization of the supply of certain
nitrogen containing fertilizer and applying Chapter 316 to
unincorporated Indian River County, and providing for an
effective date.
The Chairman called for a recess at 1:08 p.m., and reconvened the meeting at 1:28 p.m.,
with all members present.
10.A.4. ORDINANCE REGARDING REASONABLE OPPORTUNITY TO BE HEARD,
PER SENATE BILL 50 (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Attorney Reingold recapped his memorandum dated September 18, 2013, recalling that
on September 10, 2013, the Board adopted Resolution 2013-090, establishing rules and policies
governing the public's opportunity to be heard at Board of County Commissioners meetings (in
compliance with Section 286.0114 of the Florida Statutes), and requested that the Board adopt
8K 144PG410
October 1, 2013 16
the proposed ordinance to establish said rules and policies in Section 102.11 of the County's
Ordinance Code.
A brief discussion ensued regarding the public's opportunity to be heard.
The Chairman opened the Public Hearing.
Althea McKenzie, 4876 30th Avenue, sought and received clarification on the
technicalities of "reasonable opportunity to be heard," and hoped the Board would continue
encouraging individual speaking. She also received clarification regarding the three-minute rule
in Ordinance 2013-015, Section 102.11.3, and the accessibility of Consent Agenda items prior to
the meeting.
Discussion ensued regarding open communication and transparency, what the Ordinance
covers, and the current Board not imposing the three-minute rule.
There being no additional speakers, the Chairman closed the Public Hearing.
Further discussion ensued on whether the "Request to Speak" form should state that
remarks are limited to three minutes unless additional time is granted by the Board, even though
the Board does not impose the three-minute rule.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Ordinance 2013-015, concerning policies governing
opportunities for members of the public to be heard;
amending Section 102.07 (addressing the Commission)
and establishing a new Section 102.11 (Public opportunity
to be heard) and of Chapter 102 (Board of County
Commissioners; Meetings and Procedures); making
144 PC 414
October 1, 2013 17
findings and providing for severability, codification and
an effective date.
10.B. PUBLIC DISCUSSION ITEMS - NONE
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING OCTOBER 15, 2013: BOARD
CONSIDERATION OF THE APPROVAL OF A PLAN OF FINANCE TO PROVIDE
CAPITAL, INCLUDING THE ISSUANCE FROM TIME TO TIME BY THE
ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, ON BEHALF OF
INDIAN RIVER COUNTY AND OTHER PARTICIPATING COUNTIES, OF NOT
EXCEEDING $150,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS
The County Attorney read the Notice into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REPORT ON CURRENT ZONING OF COUNTY ADMINISTRATION CAMPUS
Director Keating, using a PowerPoint presentation (on file), recapped his memorandum
to provide the Board with zoning and permitted uses pertaining to the County Administration
Campus, as requested at the September 17, 2013 Board of County Commissioners meeting.
The Commissioners sought additional information from staff pertaining to administrative
and government uses.
BK 14 4 PG 4 12
October 1, 2013 18
Director Keating did not think staff would be successful in trying to get the southern
portion of the County Administration Campus (which is currently zoned as Medium and High
Density Multiple -Family Residential District) rezoned to government use, especially since there
has been neighborhood opposition.
No Board action required or taken.
12.A.2. CONSIDERATION OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION'S PROPOSED SURPLUS AND SALE OF THREE CONSERVATION
LAND PARCELS ASSOCIATED WITH THE ST. SEBASTIAN RIVER PRESERVE
STATE PARK
Environmental Planning and Code Enforcement Chief Roland DeBlois provided
background, conditions, and analysis on the consideration of the Florida Department of
Environmental Protection's (FDEP) proposed surplus of statewide properties, as well as three
conservation land parcels - DRP -30, DRP -49, and DRP -50, associated with St. Sebastian River
Preserve State Park. He outlined the alternatives regarding the three proposed surplus sites, and
suggested the Board recommend to FDEP that only the southern pasture portion of DRP -30
(south of the Trans -Florida Central Railway corridor) remain on the preliminary surplus lands
list, and that the remainder of DRP -30, all of DRP -49, and all of DRP -50 be taken off.
Commissioner Zorc proposed that future land swaps with the State include a reversion
clause so the property that is determined to be surplus will come back to the County.
Discussion ensued regarding properties that are taken off the list by the State, and the
process used when properties are offered back to the local government.
Ruth Stanbridge, 4835 66th Avenue, County Historian, provided background on the
parcels, and did not support the County taking them out of conservation. She wanted the Board
BK 144 PG 413
October 1, 2013 19
to send a strong message to the State that these are conservation, natural, and historical
resources. She recommended that the sites not be surplussed, that they stay under State
ownership, and that they remain as environmentally sensitive lands.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously authorized the
Chairman to write a letter to the Florida Department of
Environmental Protection, recommending that DRP -30,
DRP -49, and DRP -50 not be surplussed, that they stay
under State ownership, and that they remain as
environmentally sensitive lands.
Dr. Richard Baker, Pelican Audubon Society, provided history and emphasized that
people feel that land that was set aside for conservation should remain in conservation.
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
October 1, 2013 20
BK I44PG414
12.1. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES
12.11. VERO SHORES 10" FORCE MAIN REPLACEMENT UNDER USI, FINAL
PAY TO ANDREW SITEWORK, LLC
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the project's total construction amount of $161,855.04,
and approved payment of Pay Request No. 4 Final from
Andrew Sitework, LLC in the amount of $8,092.75 to
release the retainage. Payment of the retainage will
release the County's obligation to the Contractor, as
recommended in the memorandum of September 12, 2013.
13. COUNTY ATTORNEY MATTERS
13.A. FOURTH AMENDMENT AND EXTENSION TO CONTRACT FOR PROVIDING
ANIMAL SHELTER SERVICES FOR INDIAN RIVER COUNTY
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute the "Fourth
Amendment and Extension to Contract for Providing
Animal Shelter Services for Indian River County,
Florida," with the Humane Society of Vero Beach and
Indian River County, as recommended in the
memorandum of September 25, 2013.
8K 144 PG 415
October 1, 2013 21
Deputy County Attorney William DeBraal explained a new provision in the Agreement
that should the County require them to hold an animal past ten days, due to a custody matter or
court case, the Humane Society will receive $10 per day for boarding.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. REQUEST FOR SATISFACTION OF CODE ENFORCEMENT LIEN AT 2443 2ND
PLACE SW IxoRA PARK SUBDIVISION
Attorney DeBraal said he received a phone call from an attorney representing the Bank of
New York Mellon concerning a house at 2443 2nd Place SW, that had been foreclosed, sold at
auction, and purchased by the bank. He revealed that the closing had been set, and when the lien
search was complete, they found a code enforcement lien had not been satisfied through the
foreclosure action, and after further research, found that the County had not been properly
served. He reported that the Bank's remedy would be to pay the code lien to pass clear title
(about $85,000), or re -foreclose. He said that in his conversations with the bank attorney, they
agreed that if the Bank would pay the County $1,500 out of the closing proceeds, it would satisfy
the code lien, and the new purchaser could close on the property. He recommended the Board
accept the $1,500 for the satisfaction of the lien.
Gary Farlis, Farlis Properties, informed the Board that he acquires homes that are vacant
for numerous years, brings them up to code, gets the liens paid off, and markets them.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher, to approve staff's
recommendation.
A brief discussion ensued regarding the lien process.
BK 144 PG 416
October 1, 2013 22
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
settlement of the Code Enforcement Lien at 2443 2"a Place
SW for $1,500.00, and authorized staff to execute a
satisfaction of the lien upon payment of the settlement
amount, as recommended in the memorandum of
September 24, 2013.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN
14.A.1. APPOINTMENT FOR TOURIST DEVELOPMENT COUNCIL (TDC) A
PERSON INTERESTED IN TOURISM DEVELOPMENT/NOT AN OWNER OF
HOTEL/MOTEL/OR TOURIST ACCOMMODATIONS
Chairman Flescher reviewed his memorandum dated September 18, 2013, regarding the
resignation of Ursula Gunter from the Tourist Development Council (TDC), and the vacancy of
the position. He announced that the following individuals had submitted their applications for
the vacancy and that they all meet the requirements: Steve Hayes, Oscar Sales, Jr., Sophie
Bentham Wood (Shanaphy), and Karen Mechling. He thereafter recommended that Karen
Mechling be appointed as the replacement for the TDC.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher, to appoint Karen
Mechling, as the Tourist Development Council Person
Interested in Tourism Development / Not an Owner of
Hotel / Motel / or Tourist Accommodations, with the term
expiring in January 2015.
BK 144 PG 417
October 1, 2013 23
The Commissioners were pleased that there were four applicants who applied for the
position, stressed that there was nothing negative with the other candidates, and hoped the
candidates would keep their applications on file for future positions.
Karen Mechling thanked Chairman Flescher for the recommendation.
The Chairman CALLED THE QUESTION, and by a 4-1
vote, (Commissioner Zorc opposed), the Motion carried.
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE
14. C COMMISSIONER PETER D. O'BRYAN
14. C.1. UPDATE ON THE INDIAN RIVER LAGOON COUNTIES COLLABORATIVE
Commissioner O'Bryan reported that he had joined with Martin County Commissioner
Ed Fielding, to unite the six Counties along the Indian River Lagoon to see what can be done as a
collective group at County level. He spoke about the Collaborative's September meeting, said
the group is preparing to hold another meeting, and requested permission from the Board to: (1)
use the County Commission Chambers for the next Collaborative meeting, and (2) allow Indian
River County staff, in particular GIS staff, to work with staff from other Counties on data
collection and storage.
Commissioner Davis suggested Commissioner O'Bryan showcase to the collaborative
group, the different projects (oyster reefs, Kilroy monitoring system, plant mats, and the algal
turf scrubbers) that Indian River County has implemented.
Commissioner Solari suggested using either the Chambers in Building A or the
Conference Room in Building B.
BK 144 PG 418
October 1, 2013 24
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously
approved: (1) the Collaborative group to use the County
Commission Chambers in Building A or the Conference
Room in Building B, for the next meeting; (2) to give an
Indian River County presentation on recent improvement
projects; and (3) for Indian River County staff, in
particular GIS staff, to work with staff from other
Counties on data collection and storage.
A brief discussion ensued regarding the Sunshine Law and the Collaborative.
14.D. COMMISSIONER BOB SOLARI
14.D.1. ELECTRONIC CIGARETTES
Commissioner Solari spoke about the electronic nicotine delivery device, aka electronic
cigarette, or e -cigarette, and asked whether the Board wished to consider adding the device to the
County's current cigarette ordinance.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to add electronic
cigarettes to the County's current cigarette ordinance.
Discussion ensued regarding the proper name of the electronic nicotine delivery device.
Dr. Barry Hummell, Jr. informed the Board that they should be careful about the term
e -cigarette because electronic cigars are currently available, and the correct scientific term is
"electronic nicotine delivery device." He believed that adding it to the existing ordinance,
BK 144 PG4I9
October 1, 2013 25
putting it behind the counter, and adding an age restriction would protect the County's youth. He
also pointed out that there is a Bill currently being filed to make it a statewide rule that an
individual must be at leastl 8 years of age to purchase tobacco products.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Chairman Flescher, to add the
terminology "electronic nicotine delivery device" to the
County's current cigarette ordinance.
The Chairman CALLED THE QUESTION and the
amended motion carried unanimously.
14.E COMMISSIONER TIMZORC - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Board reconvened as the Board of Commissioners of the Solid Waste Disposal
District. Those Minutes are available separately.
15.B.1. APPROVAL OF MINUTES — MEETING OF AUGUST 20, 2013
15.B.2. REQUEST FOR GENERAL FUNDS — PACE PROJECT AND OTHER
COMMUNITY PROJECTS
October 1, 2013 26
BIC 144 PG 420
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
3:05 p.m.
ATTEST:
Jef
mith, lerk
Cle of Circuit Court and Comptroller
Minutes Approved:
BCC/LA/2013Minutes
Nov 1 2 2013
/
'oseph E. Flescher, Chairman
Bk 144 PG 421
October 1, 2013 27