HomeMy WebLinkAbout11/05/2013MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, NOVEMBER 5, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
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.
Reverend Jack Diehl, Senior Pastor, Our Savior
Lutheran Church
Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
PAGE
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Honoring John Joseph Licardi for Attaining the
Rank of Eagle Scout 1
B. Presentation of Proclamation Designating November 11, 2013 as Veterans
Day 2
BK 144 PG 504A
November 5, 2013 Page 1 of 7
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation to Top 3 Finalist in The Source Art Contest by Dennis
Bartholomew, Executive Director, The Source
D. Presentation by Commissioner Peter D. O'Bryan on Real Men Walking a
Mile
6. APPROVAL OF MINUTES
A. September 18, 2013 Final Budget Hearing
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants — October 11, 2013 to October 17, 2013
(memorandum dated October 17, 2013) 3-11
B. Updated Investment Policy for Other Post Employment Benefits Trust
(OPEB) — two minor changes
(memorandum dated October 29, 2013)
12-21
C. Updated Investment Policy — two minor changes
(memorandum dated October 29, 2013) 22-30
D. Quarterly OPEB Trust Report for Quarter Ending 09/30/2013
(memorandum dated October 18, 2013) 31-33
E. Quarterly Investment Report for Quarter Ending 09/30/2013
(memorandum dated October 18, 2013) 34-46
F. Quarterly Summary Report for Assessment of Additional Court Costs for
Quarter Ending 09/30/2013
(memorandum dated October 17, 2013)
47-50
G. Resolution Canceling Taxes on Property Purchased by Indian River County
for Future Stormwater Retention
(memorandum dated October 28, 2013)
51-57
H. Resolution Canceling Taxes on Property Acquired by the City of Fellsmere
for the Benefit of the Municipal Water System
(memorandum dated October 29, 2013)
November 5, 2013
58-66•.r,
BK 144 PG 504B
8. CONSENT AGENDA PAGE
I. Revision to Administrative Policy Manual regarding settlement of claims
against the County
(memorandum dated October 21, 2013) 67-75
J. Request for Approval of Work Order for Design of 45th Street Streetscape
Improvements
(memorandum dated October 21, 2013)
76-82
K. Oslo Road (East of 15th Avenue S.W.) Culvert Replacement Change Order
No. 1 — Release of Retainage, IRC Project No. 1306
(memorandum dated October 18, 2013)
83-91
L. Approval of Direct Purchase of Duperon Corporation Harvest Rake for the
PC South Algal Nutrient Recovery Facility
(memorandum dated October 21, 2013)
92-103
M. Approval of 2013/2014 State Funded Subgrant Agreement to Update Indian
River County's Hazards Analysis
(memorandum dated October 16, 2013)
104-105
N. Approval of Bid Award for IRC Bid No. 2014012 Annual Bid for Calcium
Hypochlorite
(memorandum dated October 25, 2013)
106-111
O. Approval of Bid Award for IRC Bid No. 2014014 Annual Bid for
Antiscalant
(memorandum dated October 24, 2013)
112-117
P. Approval of Bid Award for IRC Bid No. 2014010 Annual Bid for Utility
Operations Warehouse Stock
(memorandum dated October 23, 2013)
Q.
118-122
Change Order #5, Crime Scene Facility, Proctor Construction Company
(memorandum dated October 25, 2013) 123-126
R. Change Order No. 1 for the IRC Utility Services Roof Replacement
(memorandum dated October 24, 2013) 127-140
S. Acceptance and Approval of Expenditures of Emergency Management
Federally -Funded Subgrant Agreement and Expenditure Approval 14 -FG -
XX -10-40-01-098
(memorandum dated October 29, 2013) 141-143
T. Acceptance and Approval of Expenditures for Emergency Management
State -Funded Subgrant Agreement 14 -BG -XX -10-40-01-031
(memorandum dated October 30, 2013)
November 5, 2013
144-146
BK 144 PG 504C
8. CONSENT AGENDA PAGE
U. Acceptance of the State Homeland Security Grant Program — Emergency
Management Subgrant Agreement 14 -DS -L5 -10 -40 -01 -XXX
(memorandum dated October 29, 2013) 147-149
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Grand Harbor North and Others' Request to approve a Small Scale
Land Use Map Amendment to Redesignate ±1.79 acres from L-1 to
C/I and Simultaneously Redesignate ±1.79 acres from C/I to L-1;
and Request to Rezone ±439.01 acres from PD to RS -3, RM -3, CG,
and CON -2
(memorandum dated October 24, 2013)
150-191
(Quasi -Judicial and Legislative)
2. Carter Associates, Inc.'s Request for Planned Development (PD)
Special Exception Use Approval for a Project to be Known as The
Reserve at Grand Harbor
(memorandum dated October 14, 2013)
192-207
(Quasi -Judicial)
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing November 19, 2013:
County Initiated Request to Amend the 5 Year Capital
Improvements Program and Supporting Data and Analysis of the
Capital Improvements Element of the Comprehensive Plan
(memorandum dated October 21, 2013)
208
vase
(Legislative)
11. COUNTY ADMINISTRATOR MATTERS
A. Impact Fee Workshop
(memorandum dated October 30, 2013) 209
BK 144 PG 504D
November 5, 2013 Page 4 of 7
L..
12. DEPARTMENTAL MATTERS PAGE
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Community Development
None
Emergency Services
None
General Services
None
Human Resources
None
Human Services
None
Leisure Services
None
Office of Management and Budget
1. Quarterly Budget Report
(memorandum dated October 28, 2013) 210-225
Recreation
None
Public Works
None
Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Interlocal Agreement regarding Florida Development Finance Corporation
(memorandum dated October 25, 2013) 226-231
BK 144 PG 504E
November 5, 2013 Page 5 of 7
14. COMMISSIONERS ITEMS PAGE
A.
B.
C.
D.
E.
Commissioner Joseph E. Flescher, Chairman
1. Discussion Regarding 2013-2014 Treasure Coast Regional Planning
Council Assignments
(memorandum dated October 28, 2013)
232-237
Commissioner Wesley S. Davis, Vice Chairman
None
Commissioner Peter D. O'Bryan
1. Indian River Lagoon Priorities
(memorandum dated October 30, 2013) 238
Commissioner Bob Solari
1. Proposed Freedom of Religion Proposed Proclamation
(memorandum dated October 28, 2013) 239-240
Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
1. Approval of Minutes Meeting of August 20, 2013
2. Approval of FY 2013/14 EMS County Awards Grant: Purchase of
Capital/Operating Equipment Using Non -Matching EMS Grant
Funds and Grant Resolution
(memorandum dated October 30, 2013)
241-242
Solid Waste Disposal District
None
Environmental Control Board
None
16. ADJOURNMENT
BK 144 PG 504%)
November 5, 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.
November 5, 2013
BK144 PG 504G
Page 7 of 7
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JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
NOVEMBER 5, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
ADD: ITEM 5.E. ANNOUNCEMENT BY COMMISSIONER FLESCHER, CHAIRMAN, ON
SEBASTIAN CLAMBAKE LAGOON FESTIVAL 2
ADD: ITEM 14.A.2. UPDATE BY COMMISSIONER FLESCHER, CHAIRMAN, ON THE OYSTER
REEF PILOT PROJECT 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING JOHN JOSEPH LICARDI FOR
ATTAINING THE RANK OF EAGLE SCOUT 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2013 AS
VETERANS DAY 2
Bi( 144 PG 505
November 5, 2013 1
5.C. PRESENTATION TO TOP THREE (3) FINALISTS IN THE SOURCE ART CONTEST BY
DENNIS BARTHOLOMEW, EXECUTIVE DIRECTOR, THE SOURCE 3
5.D. PRESENTATION BY COMMISSIONER PETER D. O'BRYAN ON REAL MEN
WALKING A MILE 3
5.E. ADDITION: ANNOUNCEMENT BY COMMISSIONER JOSEPH E. FLESCHER,
CHAIRMAN, ON SEBASTIAN CLAMBAKE LAGOON FESTIVAL 3
6. APPROVAL OF MINUTES 4
6.A. SEPTEMBER 18, 2013 FINAL BUDGET HEARING 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS - OCTOBER 11, 2013 TO OCTOBER 17, 2013 4
8.B. UPDATED INVESTMENT POLICY FOR OTHER POST EMPLOYMENT BENEFITS
TRUST (OPEB) - Two MINOR CHANGES 5
8.C. UPDATED INVESTMENT POLICY - Two MINOR CHANGES 5
8.D. QUARTERLY OPEB TRUST REPORT FOR QUARTER ENDING 09/30/2013 5
8.E. QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING 09/30/2013 6
8.F. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS FOR QUARTER ENDING 09-30-2013 6
8.G. RESOLUTION CANCELING TAXES ON PROPERTY PURCHASED BY INDIAN RIVER
COUNTY FOR FUTURE STORMWATER RETENTION 6
8.H. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE CITY OF
FELLSMERE FOR THE BENEFIT OF THE MUNICIPAL WATER SYSTEM 7
8.I. REVISION TO ADMINISTRATIVE POLICY MANUAL REGARDING SETTLEMENT OF
CLAIMS AGAINST THE COUNTY 7
8.J. REQUEST FOR APPROVAL OF WORK ORDER FOR DESIGN OF 45TH STREET
STREETSCAPE IMPROVEMENTS 8
8.K. OSLO ROAD (EAST OF 15TH AVENUE S.W.) CULVERT REPLACEMENT CHANGE
ORDER No. 1 - RELEASE OF RETAINAGE, IRC PROJECT No. 1306 10
November 5, 2013 2
Bit 144 PG 506
8.L. APPROVAL OF DIRECT PURCHASE OF DUPERON CORPORATION HARVEST RAKE
FOR THE PC SOUTH ALGAL NUTRIENT RECOVERY FACILITY 10
8.M. APPROVAL OF 2013-2014 STATE FUNDED SUBGRANT AGREEMENT TO UPDATE
INDIAN RIVER COUNTY'S HAZARDS ANALYSIS 10
8.N. APPROVAL OF BID AWARD FOR IRC BID No. 2014012 ANNUAL BID FOR
CALCIUM HYPOCHLORITE 11
8.0. APPROVAL OF BID AWARD FOR IRC BID No. 2014014 ANNUAL BID FOR
ANTISCALANT 11
8.P. APPROVAL OF BID AWARD FOR IRC BID No. 2014010 ANNUAL BID FOR
UTILITY OPERATIONS WAREHOUSE STOCK 12
8.Q. CHANGE ORDER No. 5, CRIME SCENE FACILITY, PROCTOR CONSTRUCTION
COMPANY 13
8.R. CHANGE ORDER No. 1 FOR THE IRC UTILITY SERVICES ROOF REPLACEMENT 13
8.S. ACCEPTANCE AND APPROVAL OF EXPENDITURES OF EMERGENCY
MANAGEMENT FEDERALLY -FUNDED SUBGRANT AGREEMENT AND
EXPENDITURE APPROVAL 14 -FG -XX -10-40-01-098 13
8.T. ACCEPTANCE AND APPROVAL OF EXPENDITURES FOR EMERGENCY
MANAGEMENT STATE -FUNDED SUBGRANT AGREEMENT 14 -BG -XX -10-40-01-
031 14
8.U. ACCEPTANCE OF THE STATE HOMELAND SECURITY GRANT PROGRAM -
EMERGENCY MANAGEMENT SUBGRANT AGREEMENT 14 -DS -L5 -10 -40 -01 -XXX 14
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 15
10. PUBLIC ITEMS 15
10.A. PUBLIC HEARINGS 15
10.A.1. GRAND HARBOR NORTH AND OTHERS' REQUEST TO APPROVE A SMALL SCALE
LAND USE MAP AMENDMENT TO REDESIGNATE ±1.79 ACRES FROM L-1 TO C/I
AND SIMULTANEOUSLY REDESIGNATE ±1.79 ACRES FROM C/I TO L-1; AND
REQUEST TO REZONE ±439.01 ACRES FROM PD TO RS -3, RM -3, CG, AND CON -
2 (QUASI-JUDICIAL AND LEGISLATIVE) 15
10.A.2. CARTER ASSOCIATES, INC.'S REQUEST FOR PLANNED DEVELOPMENT (PD)
SPECIAL EXCEPTION USE APPROVAL FOR A PROJECT TO BE KNOWN AS THE
RESERVE AT GRAND HARBOR (QUASI-JUDICIAL) 19
November 5, 2013 3
BK 144 PG 507
10.B. PUBLIC DISCUSSION ITEMS - NONE 21
10.C. PUBLIC NOTICE ITEMS 21
10.0.1. NOTICE OF SCHEDULED PUBLIC HEARING NOVEMBER 19, 2013: 21
COUNTY INITIATED REQUEST TO AMEND THE 5 YEAR CAPITAL IMPROVEMENTS
PROGRAM AND SUPPORTING DATA AND ANALYSIS OF THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) 21
11. COUNTY ADMINISTRATOR MATTERS 21
11.A. IMPACT FEE WORKSHOP 21
12. DEPARTMENTAL MATTERS 22
12.A. COMMUNITY DEVELOPMENT - NONE 22
12.B. EMERGENCY SERVICES - NONE 22
12.C. GENERAL SERVICES - NONE 22
12.D. HUMAN RESOURCES - NONE 22
12.E. HUMAN SERVICES - NONE 22
12.F. LEISURE SERVICES - NONE 22
12.G. OFFICE OF MANAGEMENT AND BUDGET 22
12.G.1 QUARTERLY BUDGET REPORT 22
12.H. RECREATION - NONE 22
12.I. PUBLIC WORKS - NONE 22
12.J. UTILITIES SERVICES - NONE 22
13. COUNTY ATTORNEY MATTERS 23
13.A. INTERLOCAL AGREEMENT REGARDING FLORIDA DEVELOPMENT FINANCE
CORPORATION 23
14. COMMISSIONER ITEMS 24
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN 24
14.A.1. DISCUSSION REGARDING 2013-2014 TREASURE COAST REGIONAL PLANNING
COUNCIL ASSIGNMENTS 24
14.A.2. ADDITION: UPDATE ON THE OYSTER REEF PILOT PROJECT 25
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 25
liff 144 PG 508
November 5, 2013 4
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14.C. COMMISSIONER PETER D. O'BRYAN 26
14.C.1. INDIAN RIVER LAGOON PRIORITIES 26
14.D. COMMISSIONER BOB SOLARI 28
14.D.1. PROPOSED FREEDOM OF RELIGION PROPOSED PROCLAMATION 28
14.E. COMMISSIONER TIM ZORC - NONE 29
15. SPECIAL DISTRICTS AND BOARDS 29
15.A. EMERGENCY SERVICES DISTRICT 30
15.A.1. APPROVAL OF MINUTES MEETING OF AUGUST 20, 2013 30
15.A.2. APPROVAL OF FY 2013-14 EMERGENCY MEDICAL SERVICES 30
(EMS ) COUNTY AWARDS GRANT: PURCHASE OF CAPITAL/OPERATING
EQUIPMENT USING NON-MATCHING EMS GRANT FUNDS AND GRANT
RESOLUTION 30
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 30
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 30
16. ADJOURNMENT 30
November 5, 2013 5
K144PG509
JEFFREY R. SMITH
Clerk to the Board
November 5, 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, November 5, 2013. Present were Chairman Joseph E. Flescher, Vice Chairman Wesley
S. Davis, and Commissioners Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, County Attorney Dylan Reingold, and Deputy Clerk
Maureen Gelfo.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Jack Diehl, Senior Pastor, Our Savior Lutheran Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Solari led the Pledge of Allegiance to the Flag.
RK 144PG510
November 5, 2013 1
`... 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Flescher requested the following changes to the Agenda:
Add: Item 5.E. Announcement by Commissioner Flescher, Chairman, on Sebastian
Clambake Lagoon Festival
Add: Item 14.A.2. Update by Commissioner Flescher, Chairman, on the Oyster Reef
Pilot Proiect
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solari, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION HONORING JOHN JOSEPH LICARDI
FOR ATTAINING THE RANK OF EAGLE SCOUT
Vice Chairman Davis read and presented the Proclamation and a plaque to John Joseph
Licardi, who was accompanied by his parents and Eagle Scout Coordinator Charlie Griffith.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2013
AS VETERANS DAY
Chairman Flescher read and presented the Proclamation to Retired United States Air
Force Colonel Martin Zickert, President Veterans Council of Indian River County.
144PG511
November 5, 2013 2
Colonel Zickert presented to the Board a flyer (copy on file) about the Veterans Council,
and announced the upcoming Veterans Day events that will occur on November 11, 2013 at
Memorial Island in Vero Beach and Riverview Park in Sebastian.
5.C. PRESENTATION TO TOP THREE (3) FINALISTS IN THE SOURCE ART
CONTEST BY DENNIS BARTHOLOMEW, EXECUTIVE DIRECTOR, THE
SOURCE
Dennis Bartholomew, Executive Director, The Source, recognized the finalists in the
design competition for the Source's Heaven Sent Thrift Shoppe. He presented a Certificate and
check to the following: Lyle Michos, Indian River Charter High School — lst Place; Victoria
Vendyres, Masters Academy — 2nd Place; and Katie Valentin, Homeschooled, 3rd Place. Lyle
will be assisting artist Patrick Burklew in painting the design on the storefront.
S.D. PRESENTATION BY COMMISSIONER PETER D. O'BRYAN ON REAL MEN
WALKING A MILE
Commissioner O'Bryan displayed a photo that was taken at the event, "Real Men Walk a
Mile in Her Shoes," of himself, Commissioner Zorc, and the County Attorney, who had walked
the distance wearing the red high heeled shoes that symbolize the event. He noted that
Commissioner Solari had not walked, but he had contributed financially, and that this event helps
raise awareness on the serious problem of domestic abuse.
S.E. ADDITION: ANNOUNCEMENT BY COMMISSIONER JOSEPH E. FLESCHER,
CHAIRMAN, ON SEBASTIAN CLAMBAKE LA GOON FESTIVAL
Chairman Flescher provided details and invited everyone to attend the clambake that will
be held at Sebastian's Riverview Park on November 8, 2013 through November 10, 2013. It
was noted that this event is a fundraiser for several community organizations in the County.
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Bk 144 PG 512
November 5, 2013 3
6. APPROVAL OF MINUTES
6.A. SEPTEMBER 18, 2013 FINAL BUDGET HEARING
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
minutes of the September 18, 2013 Final Budget Hearing,
as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Althea McKenzie requested to pull Item 8.J. from the Consent Agenda for discussion.
Attorney Reingold requested to pull Item 8.H. from the Consent Agenda for discussion.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS - OCTOBER 11, 2013 TO OCTOBER 17, 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 October 11, 2013 to October
144 PG 5I3
November 5, 2013 4
17, 2013, as requested in the memorandum of October 17,
2013.
8.B. UPDATED INVESTMENT POLICY FOR OTHER POST EMPLOYMENT
BENEFITS TRUST (OPEB) - Two MINOR CHANGES
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously accepted the
Investment Policy for Other Post Employment Benefits
Trust (OPEB) changes outlined on page 12 of the agenda
package, as recommended in the memorandum of October
29, 2013.
8.C. UPDATED INVESTMENT POLICY — Two MINOR CHANGES
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously accepted the
Investment Policy changes outlined on page 22 of the
agenda package, as recommended in the memorandum of
October 29, 2013.
8.D. QUARTERLY OPEB TRUST REPORT FOR QUARTER ENDING 09/30/2013
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously accepted the
Quarterly OPEB Trust Report for Quarter Ending
September 30, 2013, as recommended in the memorandum
of October 18, 2013.
November 5, 2013 5
BK 144 PG 5 I 4
r.. 8.E. QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING 09/30/2013
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously accepted the
Quarterly Investment Report for Quarter Ending
September 30, 2013, as recommended in the memorandum
of October 18, 2013.
8.F. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS FOR QUARTER ENDING 09-30-2013
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously accepted the
Quarterly Investment Report for Quarter Ending
September 30, 2013, as recommended in the memorandum
of October 17, 2013.
8.G. RESOLUTION CANCELING TAXES ON PROPERTY PURCHASED BY INDIAN
RIVER COUNTY FOR FUTURE STORMWATER RETENTION
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-118, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (Parcel west of 66th Avenue, north of 4th Street,
purchased from Schacht & Company, Inc., for future
stormwater retention).
November 5, 2013 6
BK 144 PG 515
8.H. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE CITY
OF FELLSMERE FOR THE BENEFIT OF THE MUNICIPAL WATER SYSTEM
Attorney Reingold advised that the original Resolution that was associated with this item
has been replaced with an amended Resolution containing additional information. He affirmed
that the amended document has been circulated to the Board and posted on the website.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2013-119, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (1037 Vernon Street, Fellsmere, Lots 228 and
229, Block 4, acquired from Curteen McDonald, et al, for
the municipal water system).
8.1. REVISION TO ADMINISTRATIVE POLICY MANUAL REGARDING
SETTLEMENT OF CLAIMS AGAINST THE COUNTY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the County Administrator to execute the
proposed revisions to the Administrative Policy Manual,
for incorporation into the County Administrative Policy
Manual, as recommended in the memorandum of October
21, 2013.
November 5, 2013 7
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8.J. REQUEST FOR APPROVAL OF WORK ORDER FOR DESIGN OF 45TH STREET
STREETSCAPE IMPROVEMENTS
Althea McKenzie asked why community residents were not hired to perform the design
service for the streetscape improvements, since the grant came from the Department of
Economic Opportunity (DEO). She questioned whether local citizenry would be employed to
work on the landscaping phase of the project, and also asked if drainage improvements would be
made from 33rd Avenue to 40th Avenue.
Community Development Director Bob Keating disclosed that the $25,000 planning
grant from the DEO will pay for the design services, leaving intact the $350,000 that the County
has designated to implement the design. He explained that due to the small size of the grant and
the scarcity of landscape architects in the community, staff proposes to have Kimley-Horn and
Associates, Inc. perform the design work under the County's continuing contract with the firm.
Vice Chairman Davis spoke of the benefits of culverting a portion of the drainage ditch
of the Indian River Farms Water Control District (IRFWCD), and wanted to start planning in that
direction.
Ms. McKenzie discussed the need to have sidewalks on both sides of the canal for
pedestrians and bicyclists, and to accommodate the two "walking school buses" going to Gifford
Middle School and Dodgertown Elementary. She encouraged the Board to see if there is a way
to fill in the canal, and to look at all the improvements that will be required as a whole for the
area where the streetscape improvements will be made.
Chairman Flescher stated that all future Florida Department of Transportation (FDOT)
projects must include sidewalk enhancement and development.
Director of Public Works Chris Mora explained that at this time, there is an insufficient
BK144PG517
amount of funding to construct the sidewalks on the south side.
November 5, 2013 8
Administrator Baird reminded everyone that culverting the canal is a decision that must
be made by the IRFWCD, not by the County.
A brief discussion ensued regarding the possibility of coordinating crossing
improvements with All Aboard Florida, the privately owned passenger rail service, as they
upgrade the railroad crossings.
Freddie Woolfork, 4590 57th Street, supported the proposed streetscape improvements
and the proposal to explore the possibility of filling in the drainage canal. He also asked the
Board to keep in mind ways to train people and help local businesses, so they are able to take
advantage of economic opportunities.
Commissioner Solari agreed that with the available funding and the prohibitive cost of
culverting the ditch, the design project seems like the best option to make improvements on the
north side and increase safety for the Gifford Middle School students.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Work Order No. 6
with Kimley-Horn and Associates Inc., for 45th Street
Streetscape Design Project, as recommended in the
memorandum of October 21, 2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
BK 144 PG 518
November 5, 2013 9
8.K. OSLO ROAD (EAST OF 15TH AVENUE S. W.) CULVERT REPLACEMENT
CHANGE ORDER No. 1- RELEASE OF RETAINAGE, IRC PROJECT NO.
1306
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved: (1)
Change Order No. 1 to Ag-Scape Services, Inc., thereby
decreasing the contract total to $102,353.94; and (2)
payment of Ag-Scape Services, Inc. Pay Application No. 4
in the amount of $5,117.70 for release of retainage, as
recommended in the memorandum of October 18. 2013.
8.L. APPROVAL OF DIRECT PURCHASE OF DUPERON CORPORATION HARVEST
RAKE FOR THE PC SOUTH ALGAL NUTRIENT RECOVERY FACILITY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
direct purchase of the Duperon self-cleaning screen, as
recommended in the memorandum of October 21, 2013.
8.M. APPROVAL OF 2013-2014 STATE FUNDED SUBGRANT AGREEMENT TO
UPDATE INDIAN RIVER COUNTY'S HAZARDS ANALYSIS
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
State Funded Subgrant Agreement to Update Indian River
County's Hazards Analysis, and accepted the funding
provided in same, as recommended in the memorandum of
October 16, 2013.
BK 144PG519
November 5, 2013 10
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. APPROVAL OF BID A WARD FOR IRC BID No. 2014012 ANNUAL BID FOR
CALCIUM HYPOCHLORITE
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously: (1) approved
the bid award to Allied Universal Corporation of Miami,
Florida, as the lowest responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid; (2) authorized the Purchasing Division to issue
blanket purchase orders for the period of November 5,
2013 through September 30, 2014, to the recommended
bidder; and (3) authorized 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 October 25, 2013.
8.0. APPROVAL OF BID A WARD FOR IRC BID No. 2014014 ANNUAL BID FOR
ANTISCALANT
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved: (1)
the bid award to Harcros Chemicals, Inc., of Tampa,
Florida, as the lowest responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid; (2) authorized the Purchasing Division to issue
BK 144 PG 520
November 5, 2013 11
blanket purchase orders for the period of November 5,
2013 through September 30, 2014 to the recommended
bidder; and (3) authorized 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 October 24, 2013.
8.P. APPROVAL OF BID AWARD FOR IRC BID No. 2014010 ANNUAL BID FOR
UTILITY OPERATIONS WAREHOUSE STOCK
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved: (1)
the bid award to both HD Waterworks, Ltd., and Ferguson
Enterprises, Inc., as the lowest responsible and responsible
bidders meeting the specifications as set forth in the
Invitation to Bid. This dual award enables the Utilities
Department to select the best price per item when
possible, and affords a second source in the event one
vendor cannot supply the required material; (2)
authorized the Purchasing Division to issue blanket
purchase orders for the period of November 5, 2013
through September 30, 2014 to the recommended bidder;
and (3) authorized 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 October 23, 2013.
November 5, 2013 12
NI 144 PG 521
8.0. CHANGE ORDER No. 5, 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. 5
to the Crime Scene Facility contract with Proctor
Construction Company in the amount of $6,879.58,
increasing the contract amount to $1,884,234.69, as
recommended in the memorandum of October 25, 2013.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. CHANGE ORDER No. I FOR THE IRC UTILITY SERVICES ROOF
REPLACEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Change Order No. 1
for a lump sum amount of $17,150.00 to Gulf States
Industries, Inc., increasing the total contract amount to
$266,650.00, as recommended in the memorandum of
October 24, 2013.
8.S. ACCEPTANCE AND APPROVAL OF EXPENDITURES OF EMERGENCY
MANAGEMENT FEDERALLY -FUNDED SUBGRANT AGREEMENT AND
EXPENDITURE APPROVAL 14 -FG -XX -10-40-01-098
November 5, 2013 13
BX 144 PG 522
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute the Federally Funded
Subgrant Agreement (14 -FG -XX -10-40-01-098), between
Indian River County Emergency Management and the
State of Florida, Division of Emergency Management, and
approved the associated expenditures, as recommended in
the memorandum of October 29, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.T. ACCEPTANCE AND APPROVAL OF EXPENDITURES FOR EMERGENCY
MANAGEMENT STATE -FUNDED SUBGRANT AGREEMENT 14 -BG -XX -10-
40-01-031
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously accepted the
State Funded Subgrant Agreement 14 -BG -XX -10-40-01-
031, and approved the expenditures, as recommended in
the memorandum of October 30, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.U. ACCEPTANCE OF THE STATE HOMELAND SECURITY GRANT PROGRAM—
EMERGENCY MANAGEMENT SUBGRANT AGREEMENT 14 -DS -L5-10-40-
01 X
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
November 5, 2013 14
144 PG 523
authorized the Chairman to execute the Federally Funded
Subgrant Agreement (14-D S -L5 -10 -40 -01 -XXX),
between Indian River County Emergency Management
and the State of Florida, Division of Emergency
Management, as recommended in the memorandum of
October 29, 2013.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. GRAND HARBOR NORTH AND OTHERS' REQUEST TO APPROVE A SMALL
SCALE LAND USE MAP AMENDMENT TO REDESIGNATE ±1.79 ACRES
FROM L-1 TO C/I AND SIMULTANEOUSLY REDESIGNATE ±1.79 ACRES
FROM C/I TO L-1; AND REQUEST TO REZONE ±439.01 ACRES FROM PD
TO RS -3, RM -3, CG, AND CON -2 (QUASI -.JUDICIAL AND LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Commissioners Davis, O'Bryan, and Zorc, as requested by the Chairman, divulged that
there have been no ex parte communications, site visits, or independent investigations. The
Chairman attested to the same. Commissioner Solari disclosed that during conversations about
the proposed Grand Harbor Passive Water Project, he had learned that a rezoning might occur;
but no specific information was mentioned. He also conveyed that he has previously visited the
Grand Harbor site in conjunction with Indian River Lagoon restoration projects.
November 5, 2013 15
BK 144 PG 524
All Board Members 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, used a PowerPoint presentation (on
file), to describe the request of five property owners, Grand Harbor North Land, LLC (two
properties); BEB Investments, Inc.; BEB Investments, Inc. and Atlantis Properties; and Grand
Harbor North Land LLC and Daniel and Audrey Richey; for a small scale land use amendment
and rezoning of their respective properties (outlined on page 158 of the agenda package) situated
south of 63rd Street and east of US 1 in an area formally known as the River Bend Planned
Development (PD). The purpose of the request is to allow a small scale land use designations
swap, and to dissolve the current Planned Development (PD) zoning, so the separate owners can
develop the properties independently under the requested zoning districts. Director Keating
thereafter conveyed the recommendation of the Planning and Zoning Commission and staff for
the Board to approve the small scale land use amendment and rezoning as requested, through
adoption of the proposed Ordinances.
The Chairman opened the Public Hearing.
The following speakers addressed the Board in support of the proposed small scale land
use map amendment and rezoning:
Steve Moler, Masteller, Moler, Reed and Taylor, and Bruce Barkett, Esquire — both
representing Grand Harbor North Land, LLC
Richard Bialosky, 685 Reef Road, representing BEB Investments, Inc.
Scott McGuire, Project Engineer, representing Atlantis Properties
BK 144 PG 525
November 5, 2013 16
Dan Richey, 2625 63rd Street, supported the proposal with the exception of the
requested zoning amendments for Properties 1, 2, and 3. He asked the Board to reestablish the
zoning districts that existed prior to approval of the current PD zoning of said parcels.
Director Keating, in response to the Board's questions, provided further information
about PD and RM -3 zonings.
At this time, the Deputy Clerk administered the Oath to Bob Johnson, who wished to
comment on this matter.
Mr. Johnson, Coral Wind Subdivision, asked whether the County is being reimbursed
for staff's time in vetting the subject request, and whether the surrounding property owners were
advised of the prospective changes.
Vice Chairman Davis mentioned that around $10,000 had been expended in various
application fees.
Attorney Reingold, with input from Director Keating, confirmed that proper legal notice
was given.
Chairman Flescher asked Mr. Richey to further detail his objections to the proposed land
use amendment designations/rezonings.
Discussion ensued among individual Board members, staff and Mr. Richey, as he (Mr.
Richey) provided a brief history of the properties and elaborated on his concerns.
There were no additional speakers, and the Chairman closed the Public Hearing.
November 5, 2013 17
BK 144 PG 526
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher, to approve staffs
recommendation.
Discussion continued as staff responded to the Board's questions and comments about the
County's rezoning and land use amendment policies, and provided further clarifications about
the subject proposal.
The Chairman called a recess at 10:55 a.m., and reconvened the meeting at 11:08 a.m.,
with all members present.
Commissioner 0 `Bryan sought and received confirmation that there would be a
protective buffer around the eagle's nest on (and south of) Property 3.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board adopted: (1)
Ordinance 2013-017, amending the Future Land Use
Map by changing the Land Use Designation for ±1.79
acres located at the south-east corner of US Hwy 1 and
63rd Street from L-1, Low Density Residential -1 (up to 3
units per acre), to C/I, Commercial Industrial; and to
simultaneously redesignate ±1.79 acres located east of US
Hwy 1 and north of the North Relief Canal from C/I,
Commercial Industrial, to L-1, Low Density Residential -1
(up to 3 units per acre); and providing codification,
severability, and effective date; and (2) Ordinance 2013-
018, amending the Zoning Ordinance and the
accompanying Zoning Map for ±319.28 acres located
south of 63rd Street and east of the Western Section Line
of Sections 11 and 14, Township 32 South, Range 39 East,
BK 144 PG 527
November 5, 2013 18
and north of the North Relief Canal from PD, Planned
Development District, to RS -3, Single Family Residential
District (up to 3 units/acre); and ±94.36 acres located
approximately 1300 feet south of 63rd Street and 4000 feet
east of US Hwy 1 from PD, Planned Development
District, to CON -2, Estuarine Wetlands Conservation
District (up to 1 unit/40 acres); and ±23.58 acres located
east of US Hwy 1 and south of 63rd Street from PD,
Planned Development District, to RM -3, Multiple Family
Residential District (up to 3 units/acre); and ±1.79 acres at
the southeast quadrant of US Hwy 1 and 63rd Street from
PD, Planned Development District, to CG, General
Commercial District; and providing codification,
severability, and effective date.
1 O.A.2. CARTER ASSOCIATES, INC. 'S REQUEST FOR PLANNED DEVELOPMENT
(PD) SPECIAL EXCEPTION USE APPROVAL FOR A PROJECT TO BE KNOWN
AS THE RESERVE AT GRAND HARBOR (QUASI -.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Commissioners Davis, Solari, and Zorc, as requested by the Chairman, divulged that
there have been no ex parte communications, site visits, or independent investigations. The
Chairman attested to the same. Commissioner O'Bryan noted that he had been on the site one
year ago for a community event. All Commissioners affirmed that they have an open mind and
are able to base their decisions on the evidence presented and the applicable law.
BK 144 PG 528
November 5, 2013 19
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.
Planning Director Stan Boling, used a PowerPoint presentation (on file), to explain the
request of Carter Associates, Inc., the project engineer representing GH Vero Beach
Development LLC, for a Planned Development (PD) Special Exception approval. The purpose
of the request is for the developer to proceed with a 78.63 acre project, "The Reserve at Grand
Harbor" that will be located north of the intersection of Indian River Boulevard and 53`1 Street.
After providing staff's analysis, Director Boling presented the recommendations of the Planning
and Zoning Commission and staff for Board approval of the proposed request, with the
conditions outlined in staff's report (pages 197 and 198 of the agenda package).
John Blum, Carter & Associates, announced that he and Chris Cleary, Grand Harbor,
were present to address any questions about the proposed project.
There being no questions, the Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, posed questions regarding: (1) the estimated
timeframe for project completion; (2) whether there was adequate ingress/egress for emergency
vehicles; (3) if the County is being reimbursed for staff's time in vetting this proposal; and (4)
whether the architecture will be consistent with that of the existing Grand Harbor development.
Director Boling responded to each of Mr. Johnson's queries.
There being no additional speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously granted
Planned Development (PD) Special Exception Use and
conceptual PD plan approval for "The Reserve at Grand
November 5, 2013 20
BI( 144 PG 529
Harbor", with the conditions outlined in staff's report on
pages 197 and 198 of the agenda package.
10.B. PUBLIC DISCUSSION ITEMS - NONE
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING NOVEMBER 19, 2013:
COUNTY INITIATED REQUEST TO AMEND THE 5 YEAR CAPITAL
IMPROVEMENTS PROGRAM AND SUPPORTING DATA AND ANALYSIS OF
THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN
(LEGISLATIVE)
County Attorney Dylan Reingold read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS
11.A. IMPACT FEE WORKSHOP
County Administrator Joseph Baird announced that Tindale -Oliver and Associates (the
Consultant), has concluded its review and update of the County's impact fee schedule. He asked
the Board when they would like to schedule the Impact Fee Workshop that was included in the
Scope of Services and Agreement with the Consultant.
Deliberations ensued among the Board and staff regarding the best date to hold the
workshop. The Board CONSENSUS was to hold the workshop on Wednesday, January 22,
2014 from 1:30 to 5:00 p.m. in the County Commission Chambers.
BK 144 PG 530
November 5, 2013 21
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12. F. LEISURE SERVICES - NONE
12. G OFFICE OF MANAGEMENT AND BUDGET
12.G.1. QUARTERLY BUDGET REPORT
Director of Management and Budget Jason Brown, used a PowerPoint presentation (copy
on file), to provide an overview of the Fourth and Final Quarter Fiscal Year 2012-2013 Budget
Report.
No Board Action Required or Taken
12.H. RECREATION - NONE
12.1. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES - NONE
BKI44PG531
November 5, 2013 22
13. COUNTY ATTORNEY MATTERS
13.A. INTERLOCAL AGREEMENT REGARDING FLORIDA DEVELOPMENT
FINANCE CORPORATION
Attorney Reingold explained that the Florida Development Finance Corporation (FDFC)
issues bonds to support economic development initiatives, and that they are required to have an
interlocal agreement with the government in which the project is occurring. FDFC had
approached him about entering into an interlocal agreement with the County so they can assist
Allied Fiber in developing a fiber optic network from Miami to Georgia. Attorney Reingold
advised that the proposed interlocal agreement is exclusively for the Allied Fiber project; FDFC
would have to obtain the consent of the Board for future projects within the County. He asked
the Board to either approve or reject the proposed interlocal agreement and if approved, to
authorize the Chairman's execution of the document.
Brian Watson, Broad and Cassel, legal counsel to the FDFC, clarified for Vice
Chairman Davis that the cable will be laid along the Florida East Coast Railway right-of-way.
Frank Baum, Academy Securities Investment Banking, added that Allied Fiber has an
easement with the railroad, and will be laying about 21 miles of cable in this County. He also
noted that there will be around $750,000 worth of construction.
Vice Chairman Davis commented on the importance of high speed fiber optic cable to
County operations, and wanted to explore the possibility of tapping into the new network to
strengthen or back up the County's current system.
ON MOTION by Vice Chairman Davis, SECONDED by
Chainnan Flescher, the Board unanimously approved and
authorized the Chairman to execute the Interlocal
Agreement with the Florida Development Finance
BK 144 PG 5r2
November 5, 2013 23
Corporation (FDFC), as recommended in the
memorandum of October 25, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN
14.A.1. DISCUSSION REGARDING 2013-2014 TREASURE COAST REGIONAL
PLANNING COUNCIL ASSIGNMENTS
Chairman Flescher relayed the request of the Treasure Coast Regional Planning Council
for the Board to appoint members and alternates for the upcoming year, and to notify the Council
of the appointments by December 2, 2013 for inclusion in its December 13, 2013 agenda
package.
Discussion ensued as the Board considered whether to defer the County appointments
until the new Chairman is elected on November 19, 2013.
Commissioner O'Bryan recommended that the Board approve the municipal
appointments today, and have the new Chairman make the County appointments on November
19, 2013.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the following 2013-2014 municipal
appointments to the Treasure Coast Regional Planning
Council: Member: City of Vero Beach, Alternate: City of
Sebastian; Member: City of Fellsmere, Alternate: Town of
Indian River Shores; the County Commission
Members/Alternates will be appointed by the new
November 5, 2013 24
BK 144 PG 533
Chairman at the November 19, 2013 County Commission
meeting.
The Chairman called a recess at 12:15 p.m., and reconvened the meeting at 12:33 p.m.,
with all members present.
14.A.2. ADDITION: UPDATE ON THE OYSTER REEF PILOT PROJECT
Chairman Flescher provided an update on the Indian River Lagoon Oyster Reef Pilot
Project, which was approved by the Board on July 16, 2013. He thanked Director of Utilities
Vincent Burke, Charles Sembler, and Chip Swindell who helped make the project a success, and
disclosed that there has already been an increase in seagrass and marine life. Commissioner Zorc
displayed one of the floating markers that will be used to define the reef area.
Commissioner O'Bryan added that the Rotary Initiative for Submerged Seagrass
Awareness (RISSA) Project, which was approved by the Board in October 23, 2012, has also
been completed successfully.
Discussion ensued about the success of the Spoonbill Marsh Wetland Facility, where a
refining system filters the brine from the County's reverse -osmosis water system before it flows
into the Lagoon; the necessity of creating the proper habitat (a mix of brackish and clean fresh
water) for the oysters to thrive; and the importance of having the project analyzed so, if it is
successful, additional reefs can be built in the future.
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE
BK 144 PG 514
November 5, 2013 25
y... 14. C. COMMISSIONER PETER D. O'BRYAN
14. C.1. INDIAN RIVER LAGOON PRIORITIES
Commissioner O'Bryan announced that the Indian River Lagoon Counties Collaborative
(IRLCC), which is comprised of the six counties along the Indian River Lagoon - Indian River,
Brevard, Martin, Palm Beach, St. Lucie, and Volusia, would be meeting at the County
Commission Chambers on Friday, November 8, 2013. He revealed that at last week's Indian
River Lagoon National Estuary Program meeting, Commissioner Solari had made a motion to
task the IRLCC to compile a short list of priority lagoon -related projects for the State and
Federal legislative sessions, and he invited discussion on what the top few priorities would be.
Commissioner Solari clarified that in addition to prospective projects, he also wanted to
examine policies and regulations; in particular, to find out what the specific responsibilities of
the 298 Districts are. He wanted to convey to the State the importance of having the 298
Districts broaden their scope, cooperate with the counties, and embrace their responsibility to
help reduce the Total Maximum Daily Loads (TMDL's) of nutrients (nitrogen and phosphorous)
that flow into the Lagoon. He added that the Indian River Farms Water Control District
(IRFWCD) is the most important in this County, because three of their relief canals empty
directly into the Lagoon, and their primary focus has been on conveying water off the land.
Commissioner Solari also suggested placing on the shortlist for projects requiring funding, the
proposed Grand Harbor Passive Water Project.
(Clerk's Note: The 298 Districts are special drainage districts operating under Florida
Statutes Chapter 298).
A broad -ranging discussion ensued relative to the purpose, responsibilities,
organizational structure, and budgets of the Water Control Districts, with particular focus on the
Indian River Farms Water Control District.
November 5, 2013 26
8K 144 PG 535
Commissioner Zorc mentioned that when the IRFWCD was created, the land was
primarily agricultural, but it has evolved over time; he wanted to know how much agricultural
activity remains, and what the other land uses are.
Vice Chairman Davis advised that the Board would need to find out if it is legal and an
appropriate expenditure for the IRFWCD to be concerned about water quality versus drainage.
Commissioner O'Bryan wanted to ask Federal and State legislators to designate specific
funding earmarked for Central and North Lagoon projects, so the counties can tap into those
monies as projects develop.
Vice Chairman Davis wanted to see funding for sewer improvements in Sebastian, which
would help both the economy and the environment. He discussed the lack of utilities (sewer) in
portions of the North County, and the importance of having a centralized system that is backed
up by a generator, to keep sewage out of the Lagoon in a power outage. He mentioned that
entrepreneurs are often deterred from launching a business because of the expense of hooking up
to the force main sewer system.
Commissioner O'Bryan suggested conducting research to find the specific areas where
the septic isotope is leaching into the drainage ditches, so that a defensible decision can be made
to convert the septic tanks to sewer.
Commissioner Zorc estimated that a $7 million allocation might be sought from the
State/Federal allotment for water improvement projects, with perhaps $4 million for TMDL
mitigation; $2 million for sewer enhancements in key areas; and $1 million for additional
testing/monitoring, or some formula thereof.
County Administrator Joseph Baird advocated the sewer improvements, stating that they
accomplish both environmental and economic development initiatives at once.
November 5, 2013 27
BK 144 PG 536
Commissioner Solari wanted Commissioner O'Bryan to work with the Collaborative to
develop a set of talking points that can be used by all six counties and presented at the next
Federal and State legislative sessions, with the goal of expanding Federal/State funding for the
Lagoon projects.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to direct
Commissioner O'Bryan to work with the Indian River
Lagoon Counties Collaborative (Indian River, Brevard,
Martin, Palm Beach, St. Lucie, and Volusia counties), at
the Friday, November 8, 2013 meeting, to produce the
best possible package of priorities for presentation at
upcoming Federal and State legislative sessions, with the
goal of bringing back to the counties, the maximum
amount of financial assistance to help the counties restore
the health of the Indian River Lagoon.
Commissioner Solari re-emphasized that his primary concerns were to reassess the role of
the 298 Districts, and to address the need for the regulatory agencies to be more flexible as the
County continues to explore/develop ways to clean up the Lagoon.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
14.D. COMMISSIONER BOB SOLARI
14.D.1. PROPOSED FREEDOM OF RELIGION PROPOSED PROCLAMATION
Commissioner Solari recalled that at the Board of County Commission meeting of June
18, 2013, the Board had tasked him with developing a single proclamation recognizing the
Constitutional right of every American to believe what he or she wants. He directed the Board's
W( 144 PG 537
November 5, 2013 28
attention to the draft proclamation (page 240 of the agenda package) designating November 24
through November 30, 2013 as Religious Freedom Week in Indian River County, and stated that
it would be presented at the November 17, 2013 Board meeting, if approved by his fellow
Commissioners.
Commissioner O'Bryan commended Commissioner Solari on the draft document, and
said that he has accomplished the Board's goal of recognizing that everyone has a right to their
beliefs.
Commissioner Zorc suggested inviting all the faith -based community leaders to be
present during the reading of the proclamation on November 19, 2013.
Chairman Flescher explained that although he had envisioned different content on the
proclamation, Commissioner Solari's document would accomplish the Board's goal.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Zorc, the Board unanimously approved to
bring forward the Freedom of Religion Proclamation,
Designating November 24 through November 30, 2013 as
Religious Freedom Week in Indian River County, at the
November 19, 2013 Board of County Commission
meeting, as requested in the memorandum of October 28,
2013.
14.E. COMMISSIONER TIMZORC - NONE
15. SPECIAL DISTRICTS AND BOARDS
BK I[4 PG 538
November 5, 2013 29
15.A. EMERGENCY SERVICES DISTRICT
The Regular Board reconvened as the Board of Commissioners of the Emergency
Services District. Those Minutes are available separately.
15.A.1. APPROVAL OF MINUTES MEETING OF AUGUST 20, 2013
15.A.2. APPROVAL OFFY2013-14 EMERGENCY MEDICAL SERVICES
(EMS) COUNTY AWARDS GRANT: PURCHASE OF CAPITAL/OPERATING
EQUIPMENT USING NON-MATCHING EMS GRANT FUNDS AND GRANT
RESOLUTION
1 S.B. SOLID WASTE DISPOSAL DISTRICT - NONE
1 5.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 1:16 p.m.
BK 144 P6 539
November 5, 2013 30
ATTEST:
Je
i
R. Smth;
C -rk of Circuit Court and Comptroller
a'h C'D\
Peter D. O'Bryan, Chairman
(Clerk's Note: These minutes were signed by the current Chairman at the time of the Board's
approval).
Minutes Approved: DEC 1 7 2013
BCC/MG/2013Minutes
November 5, 2013 31
BK I 4 4 PG 540