HomeMy WebLinkAbout04/02/2013 (2)COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Wesley S Davis, Vice Chairman
Peter D. O'Bryan
Bob Solari
Tim Zorc
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, APRIL 2, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 2
District 1
District 4
District 5
District 3
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr., County Attorney
Jeffrey R. Smith, Clerk to the Board
Commissioner Wesley S. Davis, Vice Chairman
Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation and Retirement Award to Kenneth Chatam on
His Retirement from Indian River County Board of County Commission
Department of Emergency Services/Fire Rescue with Thirty -Two Years of
Service
B.
April 2, 2013
PAGE
1-2
Presentation of Proclamation Designating the Month of April, 2013, as Child
Abuse Prevention Month
3
Page 1 of 7
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation of Proclamation Designating April 9, 2013 as Indian River
Genealogical Society Day 4
D. Presentation of Proclamation General Aviation Appreciation Month
5
6. APPROVAL OF MINUTES
A. Meeting of February 5, 2013 Special Call LDR Amendments
B. Regular Meeting of February 12, 2013
C. Regular Meeting of February 19, 2013
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Appointment of Department of Children and Families Representative to the
Children's Services Advisory Committee (CSAC)
(memorandum dated March 15, 2013)
8. CONSENT AGENDA
A. Approval of Warrants March 8, 2013 to March 14, 2013
(memorandum dated March 14, 2013)
6-9
10-18
B. Approval of Warrants March 15, 2013 to March 21, 2013
(memorandum dated March 21, 2013) 19-27
C. Out of County Travel to attend the 2013 Florida Association of Counties
Annual Conference and Educational Exposition
(memorandum dated March 20, 2013)
28-29
D. Authorization to Attend Florida Government Finance Officers Association
Annual Conference
(memorandum dated March 25, 2013)
30-32
E. Final Payment Approval of Change Order No. 1 and Release of Retainage
to Close Construction, LLC for Modifications to Egret Marsh Stormwater
Park Floway
(memorandum dated March 13, 2013)
April 2, 2013
33-63
143 PG 6rE 8
Page 2 of 7..'
8. CONSENT AGENDA PAGE
F. Approval of Expenditures for Emergency Management Federally -Funded
Subgrant Agreement 13 -BG -06-10-40-01-031
(memorandum dated March 13, 2013) 64-65
G. Approval of the CERT (Community Emergency Response Team) Basic
Course Delivery Agreement
(memorandum dated March 15, 2013)
66-71
H. Approval of Resolution Adopting the 2013 Indian River County Emergency
Plan for Hazardous Materials
(memorandum dated March 19, 2013)
I. Perpetual Easement Agreement between Fellsmere 512, LLC and Indian
River County
(memorandum dated March 20, 2013)
72-76
77-84
J. Children's Services Advisory Committee's Recommendation RFP # 201329
New Focus Areas for 2013-14 and Sample Agency Contract to be Used
(memorandum dated April 2, 2013)
K. Memorandum of Understanding between Indian River County and Sebastian
Inlet Distnct for Coordination of Supplemental Downdrift Nourishment and
Related Coastal Activities
(memorandum dated March 20, 2013)
L. Approval of the Incident Command System Position Specific Training
Services Agreement with the Treasure Coast Regional Planning Council
(memorandum dated March 22, 2013)
M. Approval of the CERT (Community Emergency Response Team) Public
CPR & AED Traimng Classes and Equipment
(memorandum dated March 22, 2013)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Public Hearing and Adoption of Ordinance Establishing Amnesty
Program for Certain Utility Delinquency Charges
(memorandum dated March 22, 2013)
Legislative
April 2, 2013
85-140
141-150
151-159
160-163
164-168
13k 143 PG 649
Page 3 of. 7
10. PUBLIC ITEMS PAGE
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from Audra Rigby and Bill Rigby Regarding
Recap the decision regarding waste hauling services 169
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
Community Development
1. Consideration of Tnton Submarines, LLC's Request for a Local
Jobs Grant
(memorandum dated March 19, 2013)
B. Emergency Services
None
C. General Services
None
D.
F.
G.
April 2, 2013
Human Resources
None
Human Services
None
Leisure Services
None
Office of Management and Budget
1. Report on Outstanding County Debt Issues
(memorandum dated March 22, 2013)
170-202
203-217
OK- 43 PG 650
Page 4 of 7
12. DEPARTMENTAL MATTERS PAGE
G.
H.
Office of Management and Budget
2. Additional Legislative Issues — 2013 Session
(memorandum dated March 27, 2013)
218-230
3. Sheriff's Department Request for Funding — Patrol Vehicles
(memorandum dated March 27, 2013)
Recreation
None
1. Public Works
None
J. Utilities Services
None
231-237
13. COUNTY ATTORNEY MATTERS
A. Permission to file suit for an Injunction against persistent code violator
(memorandum dated March 22, 2013)
B. Homesteaded Escheated Property
(memorandum dated March 27, 2013)
238-244
245-248
C. Initial Consideration of Natural Gas Franchise Ordinance — Permission to
Advertise for Public Hearing
(memorandum dated March 26, 2013)
249-254
D. Frederick D Mensing, III, and Rita F. Mensing v. Indian River County,
pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No.
312010CA075009
And
Frederick D. Mensing, III v. Indian River County, Robert Solari, Gary C.
Wheeler, Wesley S. Davis, Peter D. O'Brian [sic], William G. Collins, II,
Robert Keating, Christopher N. Kirrie, Christopher William Ktrrie, and
Robert Chester Kirrie pending in the Circuit Court of the Nineteenth
Judicial Circuit, Case No. 312012CA000976
(memorandum dated March 19, 2013)
April 2, 2013
255-258
f43PG651
Page 5 of 7
14. COMMISSIONERS ITEMS PAGE
A. Commissioner Joseph E. Flescher, Chairman
None
15.
16.
B. Commissioner Wesley S. Davis, Vice Chairman
1. Appointment to VLE MSTU Advisory Committee
(memorandum dated March 27, 2013) 259-265
C. Commissioner Peter D. O'Brvan
None
D. Commissioner Bob Solari
E.
None
Commissioner Tim Zorc
1. Vero Beach Sports Village
(memorandum dated March 25, 2013) 266
2. Transportation Hub
(memorandum dated March 27, 2013) 267
3. Indian River County Lagoon Symposium
(memorandum dated March 27, 2013) 268
SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
C.
Solid Waste Disposal District
1. Approval of Minutes. Meeting of February 19, 2013
2. Amendment No. 2 to Republic Services for Landfill Ditch
Enhancement Project
(memorandum dated March 22, 2013)
Environmental Control Board
None
ADJOURNMENT
April 2, 2013
269-292
3MJ43:PG fi52
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 Amencans 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, the IRC Courthouse Law 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.
April 2, 2013
bit 143 PG 653
Page 7 of 7
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
APRIL 2, 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 AND RETIREMENT AWARD TO KENNETH CHATAM
ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH
THIRTY-TWO YEARS OF SERVICE 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2013, AS
CHILD ABUSE PREVENTION MONTH 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 9, 2013 AS INDIAN RIVER
GENEALOGICAL SOCIETY DAY 3
5.D. PRESENTATION OF PROCLAMATION FOR GENERAL AVIATION APPRECIATION MONTH 3
6. APPROVAL OF MINUTES 3
April 2, 2013
1
OK 143
652
6.A. MEETING OF FEBRUARY 5, 2013 SPECIAL CALL LDR AMENDMENTS 3
6.B. REGULAR MEETING OF FEBRUARY 12, 2013 3
6.C. REGULAR MEETING OF FEBRUARY 19, 2013 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. APPOINTMENT OF DEPARTMENT OF CHILDREN AND FAMILIES REPRESENTATIVE TO THE
CHILDREN S SERVICES ADVISORY COMMITTEE (CSAC) 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS MARCH 8, 2013 TO MARCH 14, 2013 4
8.B. APPROVAL OF WARRANTS MARCH 15, 2013 TO MARCH 21, 2013 5
8.C. OUT OF COUNTY TRAVEL TO ATTEND THE 2013 FLORIDA ASSOCIATION OF COUNTIES
ANNUAL CONFERENCE AND EDUCATIONAL EXPOSITION 5
8.D. AUTHORIZATION TO ATTEND FLORIDA GOVERNMENT FINANCE OFFICERS
ASSOCIATION (FGFOA) ANNUAL CONFERENCE 5
8 E FINAL PAYMENT, APPROVAL OF CHANGE ORDER No. 1 AND RELEASE OF RETAINAGE
TO CLOSE CONSTRUCTION, LLC FOR MODIFICATIONS TO EGRET MARSH STORMWATER
PARK FLOWAY 6
8.F. APPROVAL OF EXPENDITURES FOR EMERGENCY MANAGEMENT FEDERALLY -FUNDED
SUBGRANT AGREEMENT 13 -BG -06-10-40-01-031 6
8.G. APPROVAL OF THE CERT (COMMUNITY EMERGENCY RESPONSE TEAM) BASIC COURSE
DELIVERY AGREEMENT 7
8.H. APPROVAL OF RESOLUTION ADOPTING THE 2013 INDIAN RIVER COUNTY EMERGENCY
PLAN FOR HAZARDOUS MATERIALS 7
8.I. PERPETUAL EASEMENT AGREEMENT BETWEEN FELLSMERE 512, LLC AND INDIAN
RIVER COUNTY 7
8.J. CHILDREN'S SERVICES ADVISORY COMMITTEE'S RECOMMENDATION REQUEST FOR
PROPOSAL (RFP) # 201329 NEW FOCUS AREAS FOR 2013-14 AND SAMPLE AGENCY
CONTRACT TO BE USED 8
8.K. MEMORANDUM OF UNDERSTANDING BETWEEN INDIAN RIVER COUNTY AND
SEBASTIAN INLET DISTRICT FOR COORDINATION OF SUPPLEMENTAL DOWNDRIFT
NOURISHMENT AND RELATED COASTAL ACTIVITIES 8
'April2, 2013 2
81( 143 MPG 653
8.L APPROVAL OF THE INCIDENT COMMAND SYSTEM POSITION SPECIFIC TRAINING
SERVICES AGREEMENTS WITH THE TREASURE COAST REGIONAL PLANNING COUNCIL
(TCRPC) 9
8.M. APPROVAL OF THE CERT (COMMUNITY EMERGENCY RESPONSE TEAM) PUBLIC CPR &
AED TRAINING CLASSES AND EQUIPMENT 10
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10
10. PUBLIC ITEMS 10
10.A. PUBLIC HEARINGS 10
10.A.1. PUBLIC HEARING AND ADOPTION OF ORDINANCE ESTABLISHING AMNESTY PROGRAM
FOR CERTAIN UTILITY DELINQUENCY CHARGES (LEGISLATIVE) 10
10.B. PUBLIC DISCUSSION ITEMS 11
10.B.1.REQUEST TO SPEAK FROM AUDRA ARDRA RIGBY AND BILL RIGBY REGARDING
RECAPPING THE DECISION REGARDING WASTE HAULING SERVICES 11
10.C. PUBLIC NOTICE ITEMS - NONE 12
11. COUNTY ADMINISTRATOR MATTERS - NONE 12
12. DEPARTMENTAL MATTERS 12
12.A. COMMUNITY DEVELOPMENT 12
12.A.1. CONSIDERATION OF TRITON SUBMARINES, LLC'S REQUEST FOR A LOCAL JOBS GRANT 12
12 B EMERGENCY SERVICES - NONE 14
12.C. GENERAL SERVICES - NONE 14
12.D. HUMAN RESOURCES - NONE 14
12 E HUMAN SERVICES - NONE 14
12.F. LEISURE SERVICES - NONE 14
12.G. OFFICE OF MANAGEMENT AND BUDGET 14
12.G.1. REPORT ON OUTSTANDING COUNTY DEBT ISSUES 14
12.G.2. ADDITIONAL LEGISLATIVE ISSUES - 2013 SESSION 15
12.G.3. SHERIFF'S DEPARTMENT REQUEST FOR FUNDING - PATROL VEHICLES 16
12.H. RECREATION - NONE 18
12.I. PUBLIC WORKS - NONE 18
April 2, 2013
3
BK 143 PG 654
12.J. UTILITIES SERVICES - NONE 18
13. COUNTY ATTORNEY MATTERS 18
13.A. PERMISSION TO FILE SUIT FOR AN INJUNCTION AGAINST PERSISTENT CODE VIOLATOR 18
13 B HOMESTEADED ESCHEATED PROPERTY 19
13.C. INITIAL CONSIDERATION OF NATURAL GAS FRANCHISE ORDINANCE - PERMISSION TO
ADVERTISE FOR PUBLIC HEARING 21
13.D. FREDERICK D MENSING, III, AND RITA F. MENSING V. INDIAN RIVER COUNTY, PENDING
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, CASE NO.
312010CA075009 AND FREDERICKD MENSING, III V. INDIAN RIVER COUNTY, ROBERT
SOLARI, GARY C. WHEELER, WESLEY S. DAVIS, PETER D O'BRIAN [SIC], WILLIAM G.
COLLINS, II, ROBERT KEATING, CHRISTOPHER N. KIRRIE, CHRISTOPHER WILLIAM KIRRIE,
AND ROBERT CHESTER KIRRIE, PENDING IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, CASE No. 312012CA000976 22
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN - NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
14 B 1.APPOINTMENT TO VERO LAKE ESTATES (VLE) MUNICIPAL SERVICE TAXING UNIT
(MSTU) ADVISORY COMMITTEE 24
25
25
25
VERO BEACH SPORTS VILLAGE 25
TRANSPORTATION HUB 27
INDIAN RIVER COUNTY LAGOON SYMPOSIUM 27
24
24
24
14.C. COMMISSIONER PETER D. O'BRYAN - NONE
14.D. COMMISSIONER BOB SOLARI - NONE
14 E COMMISSIONER TIM ZORC
14E1
14E2
14E3
15. SPECIAL DISTRICTS AND BOARDS 28
15 A EMERGENCY SERVICES DISTRICT -NONE 28
15.B. SOLID WASTE DISPOSAL DISTRICT 28
15.B.1.APPROVAL OF MINUTES MEETING OF FEBRUARY 19, 2013 28
15.B.2.AMENDMENT No. 2 TO REPUBLIC SERVICES FOR LANDFILL DITCH ENHANCEMENT
PROJECT 28
April 2, 2013 4
OK 1 143 PG 655
15 C ENVIRONMENTAL CONTROL BOARD - NONE 28
16. ADJOURNMENT 28
•
April 2, 2013
5
PK 143 PG 65
JEFFREY R. SMITH
Clerk to the Board
April 2, 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, April 2, 2013. Present were Chairman Joseph E. Flescher, Vice Chairman Wesley S.
Davis, and Commissioners Peter D. O'Bryan, Bob Solan, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy
Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Vice Chairman Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Solari led the Pledge of Allegiance to the Flag.
4
April 2, 2013 1
BK 143 PG 657
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
5.A.
PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD TO
KENNETH CHATAM ON HIS RETIREMENT FROM INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS' DEPARTMENT OF EMERGENCY
SERVICES/FIRE RESCUE WITH THIRTY-TWO YEARS OF SERVICE
Chairman Flescher read and presented the Proclamation and Retirement Award to
Kenneth Chatam, retiring from the County's Emergency Services/Fire Rescue Division.
Director of Emergency Services Director John King commended Mr. Chatam on his
service to the community.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
APRIL, 20134 AS CHILD ABUSE PREVENTION MONTH
Vice Chairman Davis read and presented the Proclamation to Exchange Club of Indian
River President Aaron Bowles and President -Elect Jenny Frederick, to District Exchange Club
President Diana Walker and Immediate Past President Eric Menger, and vanous club members
who were in attendance.
April 2, 2013 2
IN 143 PG 658
5.C. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 9, 2013 AS
INDIAN RIVER GENEALOGICAL SOCIETY DAY
Commissioner Solari read and presented the Proclamation to the Indian River
Genealogical Society President Bob Satola; Vice President Sharon Robertson; Board Member
Joy Eakin, and one other Society member (name undisclosed).
5.D. PRESENTATION OF PROCLAMATION FOR GENERAL AVIATION
APPRECIATION MONTH
Commissioner O'Bryan read and presented the Proclamation to Jackie Carlon, Marketing
Director Piper Aircraft; and Eric Menger, Airport Director Vero Beach Municipal Airport.
6. APPROVAL OF MINUTES
6.A. MEETING OF FEBRUARY 5, 2013 SPECIAL CALL LDR AMENDMENTS
6.B. REGULAR MEETING OF FEBRUARY 12, 2013
6.C. REGULAR MEETING OF FEBRUARY 19, 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 minutes of the February 5, 2013 Special Call meeting
— LDR Amendments; the February 12, 2013 meeting; and
the February 19, 2013 meeting, as written.
April 2, 2013 3
143 PG 659
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. APPOINTMENT OF DEPARTMENT OF CHILDREN AND FAMILIES
REPRESENTATIVE TO THE CHILDREN'S SERVICES ADVISORY
COMMITTEE (CSAC)
Noted for the record was the appointment of Robert (Bob) McPartlan to fill the Circuit 19
Community Development Administrator position previously held by Cheri Sheffer.
8. CONSENT AGENDA
Commissioner O'Bryan requested to pull Item 8.K from the Consent Agenda for
discussion.
Commissioner Solari requested to pull Item 8 L 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 MARCH 8, 2013 TO MARCH 14, 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 March 8, 2013 to March 14,
2013, as requested in the memorandum of March 14,
2013.
April 2, 2013 4
143 PG 660
8.B. APPROVAL OF WARRANTS MARCH 15, 2013 TO MARCH 21, 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 March 15, 2013 to March 21,
2013, as requested in the memorandum of March 21,
2013.
8.C. OUT OF COUNTY TRAVEL TO ATTEND THE 2013 FLORIDA
ASSOCIATION OF COUNTIES ANNUAL CONFERENCE AND EDUCATIONAL
EXPOSITION
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved out
of County travel for Commissioners and staff to attend the
2013 Florida Association of Counties Annual Conference
and Educational Exposition in Tampa, Florida on June 25
through June 28, 2013, as requested in the memorandum
of March 20, 2013.
S.D. AUTHORIZATION TO ATTEND FLORIDA GOVERNMENT FINANCE
OFFICERS ASSOCIATION (FGFOA) ANNUAL CONFERENCE
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously authorized the
County Administrator to attend the 2013 Florida
Government Finance Officers Association (FGFOA)
Annual Conference June 22 — 26, 2013, in Boca Raton,
Apnl 2, 2013 5
143PG66.1
Florida, as requested in the memorandum of March 25,
2013.
8.E. FINAL PAYMENT, APPROVAL OF CHANGE ORDER No. 1 AND RELEASE
OF RETAINAGE TO CLOSE CONSTRUCTION, LLC FOR MODIFICATIONS
TO EGRET MARSH STORMWATER PARK FLOWAY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved: (1)
final payment to Close Construction, LLC, including
release of retainage; (2) approved Change Order No. 1;
and (3) authorized the Chairman to execute all documents
necessary to accomplish the action, as recommended in
the memorandum of March 13, 2013.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. APPROVAL OF EXPENDITURES FOR EMERGENCY MANAGEMENT
FEDERALLY -FUNDED SUBGRANT AGREEMENT 13 -BG -06-10-40-01-031
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved of
expenditures as directed in the Federally Funded Subgrant
Agreement (13 -BG -06-10-40-01-031), as recommended in
the memorandum of March 13, 2013.
•
April 2, 2013 6
143 PG 662
8.G. APPROVAL OF THE CERT (COMMUNITY EMERGENCY RESPONSE
TEAM) BASIC COURSE DELIVERY AGREEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved of
expenditures as stated in the Critical Infrastructure
Support Group, LLC (CISG) Community Emergency
Response Team (CERT) traming contract, and authorized
the Chairman to execute the agreements, as recommended
in the memorandum of March 15, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.II. APPROVAL OF RESOLUTION ADOPTING THE 2013 INDIAN RIVER
COUNTY EMERGENCY PLAN FOR HAZARDOUS MATERIALS
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-026, approving the Indian River County
Hazardous Materials Emergency Plan.
8.I. PERPETUAL EASEMENT AGREEMENT BETWEEN FELLSMERE 512, LLC
AND INDIAN RIVER COUNTY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authonzed the Chairman to execute the Non -Exclusive
Road Easement Agreement with Fellsmere 512, LLC, as
recommended m the memorandum of March 20, 2013.
Apn12, 2013 7
11( l43PG663
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. CHILDREN'S SERVICES ADVISORY COMMITTEE'S RECOMMENDATION
REQUEST FOR PROPOSAL (RFP) # 201329 NEW Focus AREAS FOR
2013-14 AND SAMPLE AGENCY CONTRACT TO BE USED
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously: (1) accepted
the Request For Proposal (RFP) #201329 for 2013-14,
Focus Areas and Agency Contract, as submitted; and (2)
authorized the Chairman to execute the individual
contracts, as recommended m the memorandum of April
2, 2013.
8.K. MEMORANDUM OF UNDERSTANDING BETWEEN INDIAN RIVER COUNTY
AND SEBASTIAN INLET DISTRICT FOR COORDINATION OF
SUPPLEMENTAL DOWNDRIFT NOURISHMENT AND RELATED COASTAL
ACTIVITIES
Commissioner O'Bryan remarked on the Sebastian Inlet District's unprecedented
cooperation with the County, and acknowledged the leadership of the Chairman, Beth Mitchell,
and the Administrator, Marty Smithson.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to approve and
authorize the Chairman to execute the Memorandum of
April 2, 20134 8
IK 143 PG 664
Understanding between the County and the Sebastian Inlet
District.
Coastal Engineer James Gray, responding to the Board's request for additional
information, displayed slides showing the primary placement and supplemental locations for fill
placement.
Mr. Smithson relayed appreciation for the District's positive working relationship with
the County.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
S.L. APPROVAL OF THE INCIDENT COMMAND SYSTEM POSITION SPECIFIC
TRAINING SERVICES AGREEMENTS WITH THE TREASURE COAST
REGIONAL PLANNING COUNCIL (TCRPC)
Commissioner Solari questioned why local businesses were not being afforded the
opportunity to provide the disaster training services.
Emergency Services Director John King explained that few companies qualify to do the
training; however, the Treasure Coast Regional Planning Council is knowledgeable about the
few firms who can provide the training. He noted that pnvate sector businesses will be helping
teach the classes.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously: (1) approved
the Treasure Coast Regional Planning Council (TCRPC)
April 2, 2013 9
143 PG 665.
Training Contract; and (2) authorized the Chairman to
execute the agreements, as recommended in the
memorandum of March 22, 2013.
(Clerk's Note: The services are being funded by a Homeland Security Grant).
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. APPROVAL OF THE CERT (COMMUNITY EMERGENCY RESPONSE
TEAM) PUBLIC CPR & AED TRAINING CLASSES AND EQUIPMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher the Board unanimously approved of
expenditures as stated in the Florida Heart CPR Training
Agreement; and authorized the Chairman to execute the
agreements, as recommended in the memorandum of
March 22, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. PUBLIC HEARING AND ADOPTION OF ORDINANCE ESTABLISHING
AMNESTY PROGRAM FOR CERTAIN UTILITY DELINQUENCY CHARGES
(LEGISLATIVE)
BK 143 PG 6664
April 2, 2013 10
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Alan S. Polackwich, Sr. provided background on staff's request to
create a new amnesty program to waive fees on delinquent Equivalent Residential Units (ERUs)
service availability charges. He recalled that there had formerly been an amnesty program from
February 14, 2012 through March 31, 2012, and that on March 19, 2013, the Board had approved
in concept, to extend the program by adopting the proposed ordinance. He thereafter asked the
Board to consider reopening a new amnesty program for the period of April 2, 2013 to August
31, 2013, whereupon delinquency charges would be waived upon payment in full of outstanding
reserved ERU Service Availability Charges.
The Chairman opened the Public Hearing.
There being no speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously adopted
Ordinance 2013-002, amending Section 201.08(J)(4) of
the Code of Indian River County; establishing an amnesty
program relating to delinquency charges on certain utility
service availability charges; making findings and
providing for severability, codification and an effective
date.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM AUDRA ARDRA RIGBY AND BILL RIGBY
REGARDING RECAPPING THE DECISION REGARDING WASTE HAULING
SERVICES
•
April 2, 2013 11
BK 1143 PG 667
BM Rigby and Ardra Rigby, 8465 59th Avenue, Capital Sanitation, Inc., addressed the
Board with statements and questions pertaining to the County's past actions with regards to the
waste hauling franchises. They alleged that the County has not complied with the Appendix of
Special Acts, Chapter 59-1380, (the Utility Act of Indian River County) in securing its waste
hauling franchises; asked the Board to recall the original intent of the Enterprise Zone; and
disputed the Board's decision on April 21, 2009, to not award to their firm the waste hauling
franchise in that area.
Detailed and lengthy discussion ensued. The Rigby's provided further details about their
company's activities, and the Board and County Administrator reiterated concerns expressed at
prior meetings.
The Rigby's stressed that their company, Capital Sanitation, Inc., is not the same
company as the Sebastian firm, Capital Sanitation.
Commissioner Zorc offered to meet with the Rigby's and other interested parties, to see
what can be done to foster business opportunities for minority-owned and small businesses.
BM Rigby thanked Commissioner Zorn,
10.C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF TRITON SUBMARINES, LLC'S REQUEST FOR A
LOCAL JOBS GRANT
April 2, 2013 12
.K 143 PG 6 6 $'
Community Development Director Bob Keating reviewed the jobs grant critena and
qualifications of Triton Submarines, LLC for a Local Jobs Grant. He affirmed that staff has
performed its due diligence and conveyed that the Economic Development Council (EDC), as
well as staff, recommends that the Board approve the jobs grant in an amount of up to
$94,000.00.
Helene Caseltine, Economic Development Director, Indian River Chamber of
Commerce, spoke to the advantages of having Triton Submarines in the community.
Patrick Lahey, President, Triton Submarines, invited the Commissioners and public to
visit the company at State Road 60 and 90th Avenue.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to approve staff's
recommendation.
Director Keating, m response to Commissioner Solari's request, agreed to provide the
Board with an updated jobs grant spreadsheet.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board (1) approved a
Local Jobs Grant of up to $94,000 for Triton Submarines,
LLC; and (2) authorized the Chairman to execute the Jobs
Grant Agreement with same after approval of the
agreement by appropriate County staff and the County
Attorney's office, as recommended in the memorandum of
March 19, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Apri12, 2013 13
Bi 143 PG 669
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
The Chairman called a recess at 10:27 a.m., and reconvened the meeting at 10:39 a.m.,
with all members present.
12.G. OFFICE OF MANAGEMENT AND BUDGET
12.G.1. REPORT ON OUTSTANDING COUNTY DEBT ISSUES
Director of Management and Budget Jason Brown recalled the Board's request on March
12, 2013, for staff to bring back a report on the County's outstandmg long-term debt. He used a
PowerPoint presentation (copy on file) and reviewed his memorandum of March 22, 2013, to
provide details and analysis regarding each of five (5) outstanding bond issues, as follows:
• Limited General Obligation Bonds, Series 2006
• Spring Training Facility Revenue Bonds, Series 2001
• Recreational Revenue Refunding Bonds, Series 2003
• Water & Sewer Refunding Revenue Bonds, Series 2005
• Water & Sewer Refunding Revenue Bonds, Series 2009
April 2, 2013 14
13 PG 670
Discussion arose regarding the possibility of paying off the Series 2001 Spring Training
Facility Revenue Bonds early, because of the high interest rate (4.87%). A suggestion was made
to use the One -Cent Tourist Development Tax to help pay down the bond issues, but
Administrator Baird stressed that tourist tax must be used for specific improvements, such as a
stadium or sports facility.
Dialogue continued as staff addressed the Board's comments and questions about the
County Golf Course (Recreational Revenue Refunding Bonds, Series 2003); and Utilities
System (Water & Sewer Revenue Refunding Bonds Series 2005).
A suggestion was made to consider using a portion of the utility funds to ameliorate
possible septic tank leakage into the Indian River Lagoon.
Administrator Baird advised that state grants were available to help with septic tank
seepage, and suggested the Board explore that avenue before making any decisions.
In conclusion, Director Brown reported that staff anticipates being able to pay off two out
of the five bond issues by 2015.
No Board Action Required or Taken
12.G.2. ADDITIONAL LEGISLATIVE ISSUES - 2013 SESSION
Director Brown provided background and analysis on proposed bills in the legislature:
• House Bill 7123, f/k/aJ PCB-SCCB 13-01, would increase the sovereign
immunity caps for local governments; it appears that the bill will not be moved
forward.
April 2, 2013 15
143 PG67I
• The Medicaid Glitch Bill would assign a base amount to be paid by the County
for Medicaid claims (much greater than the amount currently paid); the base
amount would increase each year by an inflation factor.
• House Bill 1117/Senate Bill 1244, would require the Department of Children and
Families to assess the County's distribution of funds for Medicaid, and submit
recommendations to the legislature by July 1, 2014; this issue will be dealt with
during the next legislative session.
Director Brown, with assistance from Administrator Baird, also reviewed the list of
legislative pnorities that was established at the December 4, 2012 County Commission meeting
(see page 221 of the agenda package).
Discussion followed as comments were made on available funding sources for beach
renourishment projects, and the status of the County's proposed amendments to FS 180.029(2)
and FS 153.03(1), requiring that the County give consent before the municipalities can extend
certain utility services into the unincorporated areas of the County (see minutes of December 11,
2012).
No Board Action Required or Taken
12.G.3. SHERIFF'S DEPARTMENT REQUEST FOR FUNDING - PATROL VEHICLES
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher, to approve staff's
recommendation.
April 2, 2013 16
143PG67
Sheriff Loar responded to the Board's questions about the patrol vehicles and special
equipment he was purchasing. It was noted that due to the low prices the Sheriff had obtained on
the cars, it would be possible to purchase 24 automobiles, rather than the 20 mentioned at the
March 19, 2012 Commission meeting.
County Administrator Baird revealed that staff would return with a budget amendment
once the Sheriff responds to his letter of March 21, 2013 requesting further information
regarding the equipment that will be purchased and projected expenses in the current fiscal year
for salaries and capital expenditures. He also outlined the funding sources, as presented in
staff's recommendation.
Sheriff Loar expressed his appreciation to the Board. He also cited the financial impact
to the Sheriff's Department of a recent crime, to highlight the difficulty of reserving for capital
expenditures.
A brief discussion occurred as Commissioner Solari addressed remarks to the Sheriff
about capital expenditures, and the proposal to list the Constitutional Officers budgets on the
TRIM notices.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Solari opposed), the Board: (1)
approved the funding system recommended for purchase
of twenty-four (24) Sheriffs Department patrol vehicles at
an amount not to exceed $800,000; (2) authorized One
Cent Sales Tax funds as the funding source for the
vehicles and any capital equipment with a useful life of
five (5) years or more (all non -capital items or those with
a useful life of less than five (5) years will be funded from
the M.S.T. U. Fund reserves); (3) authorized the proceeds
from the sale of the twenty-four (24) vehicles to be sold
April 2, 2013 17
It I143PG673
and allocated for the purchase of the Fleet Management
software currently used by the County, and that any
remaining funds be retained by the County to offset the
cost of the non -capital items needed to equip the new
patrol vehicles; and (4) authorized a budget amendment to
allocate these funds at a future date once all necessary
information is received from the Sheriff's Department.
12.11. RECREATION - NONE
121 PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. PERMISSION TO FILE SUIT FOR AN INJUNCTION AGAINST PERSISTENT
CODE VIOLATOR
Deputy County Attorney Bill DeBraal recapped his memorandum of March 22, 2013 to
provide background and conditions relative to a Code Enforcement Board order levied in 2008
on a property owned by Stephanie Wright, located at 2334 1st Place SW in Ixora Park. He
explained that Ms. Wright's property was cited for an abundance of overgrown weeds on the
property which has not been mowed for some time. He presented five (5) possible options to
resolve this matter and recommended that the Board seek injunctive relief to get Ms. Wright to
maintain the property, and continue to maintain her yard, in accordance with County Code.
Stephanie Wright addressed the Board about her situation, explaining that she grows
nursery plants (herbs and shrubs) for her family and pets, and that she has experienced problems
April 2, 2013 18
11( 1143 PG 674
with her neighbors trespassing and killing several plants with herbicide. She relayed that she is
in the process of mulching the right-of-way area, as a remedy for the situation.
A lengthy discussion ensued about the condition of Ms. Wright's property, and what she
would need to do to bring it into compliance with the residential zoning requirements.
After the Board questioned Ms. Wright, it was determined that she intended to mulch the
easement area, but continue her current landscaping practices on her personal property.
Chairman Flescher advised that he did not believe mulching would resolve the code
enforcement issue.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solan, to authorize the
County Attorney's office to file suit in Circuit Court for
injunctive relief asking the court to force Stephanie
Wright to maintain the property in accordance with
County Code and have her continue to maintain her yard
as ordered by the court.
The Board continued to express their individual viewpoints on Ms. Wright's situation.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
13.B. HOMESTEADED ESCHEATED PROPERTY
April 2, 2013
19
143 PG 675
Attorney DeBraal recapped his memorandum of March 27, 2013, providing background
and conditions relative to a property that has escheated back to the County for nonpayment of
taxes. The property is located at 3080 10th Court in the Golf View Estates subdivision, and was
formerly jointly owned by Douglas D. Welch and St Lucie Consulting, Inc. He noted that Mr
Welch is still living on the property without benefit of a lease, and that the back taxes have never
been paid. Attorney DeBraal reviewed the Board's options and responded to their questions,
thereafter recommending; (1) that Mr Welch be asked to vacate the premises within 60 days,
and (2) that the County sell the subject property after he departs.
Douglas Welch explained that he has a financial backer, and will be able to pay the
entire tax bill either today or later this week.
Tom Tarasovic, 115 Cache Cay Drive, and Alfred J. Koontz III, 2245 St. Christopher
Lane, tax lien/deed investors, advised that they have made arrangements to purchase the deed on
the subject property, provided an agreement can be reached with Mr Welch and St Lucie
Consulting, Inc.
Attorney DeBraal provided his understanding of the situation, stating that once the back
taxes are paid, the deed will be conveyed back from the County to the previous owners, and
reconveyed to Mr. Tarasovic and Mr. Koontz III, who will become the owners of the property.
April 2, 2013
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously TABLED
this matter to the County Commission meeting of April
16, 2013, to provide two weeks for former owners
Douglas D Welch and St. Lucie Consulting, Inc., and
investors Tom Tarasovic and Alfred J. Koontz III, to
negotiate an agreement relative to the escheated property
located at 3080 10th Court.
20
OK 143PG6
The Chairman called a recess at 12:27p.m., and reconvened the meeting at 12:46p.m.,
with all members present.
13.C. INITIAL CONSIDERATION OF NATURAL GAS FRANCHISE ORDINANCE
PERNIISSION TO ADVERTISE FOR PUBLIC HEARING
County Attorney Alan S. Polackwich, Sr. provided background and analysis on this
matter, recalling the Board's direction on December 11, 2012, for staff to return with a proposed
ordinance requiring a franchise and franchise fee from natural gas utilities that use the public
rights-of-way in the unincorporated County. He noted that Florida City Gas ("the Utility"), the
only natural gas utility operating in the County, has been advised of the proposed ordinance. He
stated that if this item is approved today, staff will schedule a final public hearing for the Board
to consider final adoption of the Ordinance in early May 2013, and that the starting date of the
franchise agreement will be determined after negotiations with the Utility.
taken:
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to approve staff's
recommendation.
Staff addressed the Board's comments/questions, after which the following action was
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board unanimously
authorized the County Attorney's Office to advertise the
proposed natural gas franchise ordinance for public
hearing and consideration of final adoption, as
recommended in the memorandum of March 26, 2013.
April 2, 2013 21
43 `PG 617
13.D. FREDERICK D. MENSING, III, AND RITA F. MENSING V. INDIAN RIVER
COUNTY, PENDING IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, CASE No. 312010CA075009 AND FREDERJCKD.
MENSING, III V. INDIAN RIVER COUNTY, ROBERT SOLARI, GARY C.
WHEELER, WESLEY S. DAVIS, PETER D. O'BRIAN fSIC], WILLIAM G.
COLLINS, II, ROBERT KEATING, CHRISTOPHER N. KIRRIE, CHRISTOPHER
WILLIAM KIRRIE, AND ROBERT CHESTER KIRRIE, PENDING IN THE
CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, CASE No.
312012CA000976
Attorney Polackwich reviewed his memorandum of March 19, 2013 to provide history
and analysis on the Frederick D. Mensing III lawsuit against the County and the above parties.
He explained that Mr Mensing owns structures that sit upon a portion of land referred to in
Resolution 2008-043, in which the Board accepted the implied dedication of a 60 -foot strip (for
use as a public roadway) on the Fleming Grant Plat of 1888. Mr. Mensing is requesting that the
County release the portion of Resolution 2008-043 which encumbers those structures, thereby
affording him clear title to his property and the opportunity to get a reverse mortgage. Attorney
Polackwich noted that as a condition of the mortgage, Mr. Mensing would also have to settle the
Code Enforcement and Environmental code board liens on his property. He disclosed that after
preparing today's agenda item, he was notified that Mr Mensing has additional requests for
settling the lawsuit which include, but are not limited to, the County's forgiveness of the subject
liens, and rezoning the property to residential.
Fred Mensing, 7580 129th Street (Sebastian mailing address), provided to the Board a
copy of a fax (on file) sent from the County Attorney in 2008 to the Bank of America, and
elaborated on his allegation that the County's actions had defeated his ability to get a reverse
mortgage at that time. Mr Mensing provided further history regarding the 1888 Fleming Grant
Plat and 1915 A A Berry Plat (which subdivided a portion of the Fleming Grant Plat and did not
April 2, 2013 22
Mt 143 PG 678
show the strips). He also asked the Board to rezone his property from agricultural to residential,
and affirmed that he will correct the code violations if he gets the mortgage.
C.N. Kirrie, owner of property adjacent to Mr Mensing's lot, provided further history on
the plats and asked the Board not to interfere with the public's use of the subject strip of road for
ingress and egress. He also mentioned that pursuant to Florida Statute, the Board may not
remove, at the inconvenience of others, a street that has been publicly accepted.
Staff responded to a senes of questions and comments from the Board regarding
setbacks, easements, and rights-of-way confirming that Mr. Mensing's improvements
constituted an encroachment upon a public roadway.
County Surveyor David Schryver provided background history on the 1888 Fleming
Grant Plat, and deemed that there is public right to the 60' strip of land that has histoncally been
used by the lot owners.
Mr. Mensing informed the Board that according to Ralph Harvey, his reverse mortgage
broker, he would need a quiet title action against Indian River County to settle the issue of the
60' strip of land.
Attorney Polackwich declared that with the new condition of Mr Mensing seeking a
quiet title judgment in his favor, and with the mortgage lender's requirement for him to pay off
the liens, he did not believe that his original recommendation to rescind Resolution 2008-043
would resolve anything, and advised the Board to take no action.
Chairman Flescher agreed with Attorney Polackwich's analysis.
April 2, 2013 •
23
143 PG 679
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Zorc, to TAKE NO
ACTION.
Attorney Polackwich reiterated his earlier stance.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved to
TAKE NO ACTION.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN - NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
14.B.1. APPOINTMENT TO VERO LAKE ESTATES (VLE) MUNICIPAL SERVICE
TAXING UNIT (MSTU) ADVISORY COMMITTEE
Vice Chairman Davis clarified with Attorney Polackwich that a formal appointment by
the Board must be made.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher, to nominate Joseph J
Beaudoin, Sr. for the appointment to the Municipal
Service Taxing Unit (MSTU) Advisory Committee.
There were no further nominations.
April 2, 2013
The Chairman CALLED THE QUESTION, and the
Motion carried. The Board unanimously approved the
24
143G 688
appointment of Joseph J. Beaudoin, Sr. to the Municipal
Service Taxing Unit (MSTU) Advisory Committee.
14.C. COMMISSIONER PETER D. O'BRYAN - NONE
14.D. COMMISSIONER BOB SOLARI NONE
14.E. COMMISSIONER TIM ZORC
14.E.1. VERO BEACH SPORTS VILLAGE
(Clerk's Note: This item was heard following Item 14.E.2, and is placed here for
continuity).
Commissioner Zorc elaborated on his request for the Board to reconsider issues relative
to negotiations between the County and Verotown, LLC (Verotown) for a new five-year Facility
Lease Agreement for the Vero Beach Sports Village (F/K/A Dodgertown). He recalled that at
the March 5, 2013 County Commission meetmg, the Board approved lease conditions pertaining
to the hquidated damages provision; insurance; capital expenses; and room renovations; and
gave Verotown 30 days, until April 5, 2013, to acknowledge acceptance or denial of the lease
terms.
A lengthy discussion ensued. The Board spoke to the urgency of settling this matter -
either proceeding with the new lease agreement with Verotown, LLC, or if negotiations do not
work out, seeking another tenant for the Sports Village. The particulars of the March 5, 2013
County Commission meeting were recounted, and staff affirmed that their agenda item for the
meeting had contained no recommendations.
Craig Callan, Vice President, Vero Beach Sports Village (Sports Village), affirmed that
Sports Village representatives and County staff have had discussions in good faith, and explained
why he felt the March 5, 2013 meeting was counterproductive.
April 2, 2013 25
1L3PG61
MOTION WAS MADE by Commissioner Zorc,
SECONDED by Chairman Flescher, to extend the
response time from April 5, 2013 to April 9 or April 10,
2013, for Verotown, LLC ("Verotown") to deliver written
notice of interest or disinterest m entering into a new
Facility Lease Agreement with the County for Vero Beach
Sports Village.
Vice Chairman Davis stated that he would like to see a recap of the negotiations between
Sports Village representatives and County staff, and the lease terms approved by the Board on
March 5, 2013; and see if there is a way to bridge the gap between the two.
MOTION AND SECOND WERE WITHDRAWN by
Commissioner Zorc and Chairman Flescher, respectively.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher, to direct staff to
return on April 9, 2013, with a spreadsheet containing: (1)
a recap of the County's negotiations with Verotown, LLC;
(2) the lease terms approved by the Board on March 5,
2013; and (3) an analysis of what can be done to bndge
the gap.
Commissioner O'Bryan suggested that Mr. Callan meet with each of the five
Commissioners to discuss the pertinent issues.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
April 2, 2013 26
BK 143 PG 682
14.E.2. TRANSPORTATION HUB
(Clerk's Note: Thus item was heard following Bern 14.E.3, and is placed here for
continuity).
Commissioner Zorc announced that there will be a public GoLine Transit Hub meeting in
County Administration Building A, Room A1-411, on April 11, 2013, at 2:30 p.m., to search for
a mutually agreeable GoLine Transit Hub site. Meeting attendees will be Public Works Director
Chris Mora, Metropolitan Planning Organization Staff Director Phil Matson; City of Vero Beach
Vice Mayor Tracy Carroll and Public Works Director Monte Falls; and interested members of
the Original Town neighborhood.
Administrator Baird later added (following discussion on Item 14.E.1) that the Senior
Resource Association and the municipalities of Fellsmere and Sebastian should also attend the
meeting.
14.E.3. INDIAN RIVER COUNTY LAGOON SYMPOSIUM
(Clerk's Note: This item was heard following Item 14.B.1. and is placed here for
continuity).
Commissioner Zorc talked about the success of the March 26, 2013 Indian River Lagoon
Symposium, and thanked staff, presenters, and attendees for their participation. He relayed that
since the symposium, Harbor Branch Oceanographic Institute (Harbor Branch) has received a $2
million grant for Lagoon monitoring, and a collaborative project has arisen between Harbor
Branch and the Indian River County Health Department to study the effects of septic runoff into
the Lagoon.
April 2, 2013 27
BR 143 PG 683
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Board of the Emergency Services District 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 FEBRUARY 19, 2013
15.B.2. AMENDMENT No. 2 TO REPUBLIC SERVICES FOR LANDFILL DITCH
ENHANCEMENT PROJECT
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 3:34 p.m.
April 2, 2013
28
BK 143 PG 684
ATTEST:
.11111 -vi�� d
T/R.
of Circuit Court & Comptroller
Minutes Approved: MAY 0 7 2013
BCC/MG/2013Minutes
April 2, 2013 29
'seph E Flescher, Chairman
II 43 PG 685