HomeMy WebLinkAbout04/09/2013 (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 9, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 2
District 1
District 4
District 5
District 3
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr., County Attorney
Jeffrey R. Smith, Clerk to the Board
Deputy Teddy Floyd, Indian River County Sheriff
Alan S. Polackwich, Sr., County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular Meeting of March 5, 2013
B. Regular Meeting of March 12, 2013
April 9, 2013
PAGE
143PG68
Pagel of 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants — March 22, 2013 to March 28, 2013
(memorandum dated March 28, 2013)
PAGE
1-7
B. Final Payment to Advanced Utility Systems
(memorandum dated April 3, 2013) 8-9
C. Miscellaneous Budget Amendment 013
(memorandum dated April 2, 2013) 10-14
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Vero Estates, LLC's Request to Amend the Text of the Future Land
Use Element of the County's Comprehensive Plan
(memorandum dated April 1, 2013)
Legislative
2. North County Charter Elementary School's Request to Rezone ±
0.94 Acres from CH to CL
(memorandum dated March 25, 2013)
Quasi -Judicial
15-39
40-71
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 Ardra Rigby and Bill Rigby Regarding
Recap of April 2nd BCC Meeting Discussion 72
2. Request to Speak from Fred Mensing Regarding Settlement Offer,
Public Records, County Employees Speaking at Meetings 73-74
C. PUBLIC NOTICE ITEMS
None
April 9, 2013
E 43 PG 6 9 0
Page 2 of 5
11. COUNTY ADMINISTRATOR MATTERS PAGE
A. Amendment and Renewal of Facility Lease Agreement with Verotown,
LLC
(memorandum dated April 4, 2013) 75-80
12. DEPARTMENTAL MATTERS
A. Community Development
None
B.
Emergency Services
None
C. General Services
None
D.
Human Resources
None
E. Human Services
None
F. Leisure Services
None
G. Office of Management and Budget
1. Dune Restoration Request from the City of Vero Beach
(memorandum dated April 3, 2013) 81-92
H.
J.
Recreation
None
Public Works
1. Work Order No. 1 Ecological Associates, Inc., Sector 3 Beach
Restoration Project, Post Construction Biological Monitoring
Services
(memorandum dated April 2, 2013)
Utilities Services
None
April 9,2013
93-107
BICR43PG61L
Page 3 of 5
13. COUNTY ATTORNEY MATTERS PAGE
None
14. COMMISSIONERS ITEMS
A. Commissioner Joseph E. Flescher, Chairman
None
B.
Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Peter D. O'Brvan
None
D. Commissioner Bob Solari
1. Reversal, in part, of Relief Canals
(memorandum dated March 12, 2013) 108
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
1. Approval of Minutes — Meeting of December 18, 2012
2. Approval of Minutes — Meeting of February 5, 2013
3. Emergency Services District Update. Continued Discussion
(memorandum dated March 14, 2013)
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
April 9, 2013
109-126
BK 11;3 PG 692
Page 4 of 5
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, 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 9, 2013
10(1 ¼3 P13 693
Page 5 of 5
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
APRIL 9, 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 - NONE 2
6. APPROVAL OF MINUTES 2
6.A. MEETING OF MARCH 5, 2013 2
6.B. MEETING OF MARCH 12, 2013 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 2
8. CONSENT AGENDA 2
8.A. APPROVAL OF WARRANTS — MARCH 22, 2013 TO MARCH 28, 2013 3
8.B FINAL PAYMENT TO ADVANCED UTILITY SYSTEMS 3
IApril 9, 201`31
1
143 PG 694
8.C. MISCELLANEOUS BUDGET AMENDMENT 013 3
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 4
10. PUBLIC ITEMS 4
10.A. PUBLIC HEARING(S) 4
10.A.1. VERO ESTATES, LLC'S REQUEST TO AMEND THE TEXT OF THE FUTURE LAND
USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 4
10.A.2. NORTH COUNTY CHARTER ELEMENTARY SCHOOL'S REQUEST TO REZONE ±0 94
ACRES FROM CH TO CL (QUASI-JUDICIAL) 6
10.B. PUBLIC DISCUSSION ITEMS 7
10.B.1. REQUEST TO SPEAK FROM ARDRA RIGBY AND BILL RIGBY REGARDING RECAP
OF APRIL 2ND BCC MEETING DISCUSSION 7
10.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING SETTLEMENT OFFER,
PUBLIC RECORDS, COUNTY EMPLOYEES SPEAKING AT MEETINGS 8
10.C. PUBLIC NOTICE ITEMS - NONE 9
11. COUNTY ADMINISTRATOR MATTERS 9
11.A. AMENDMENT AND RENEWAL OF FACILITY LEASE AGREEMENT WITH
VEROTOWN, LLC 9
12. DEPARTMENTAL MATTERS 12
12.A. COMMUNITY DEVELOPMENT - NONE 12
12.B. EMERGENCY SERVICES - NONE 12
12.C. GENERAL SERVICES - NONE 12
12.D. HUMAN RESOURCES - NONE 12
12 E HUMAN SERVICES - NONE 12
12.F. LEISURE SERVICES - NONE 12
12.G. OFFICE OF MANAGEMENT AND BUDGET 12
12.G.1. DUNE RESTORATION REQUEST FROM THE CITY OF VERO BEACH 12
12.H. RECREATION - NONE 13
12.I. PUBLIC WORKS 13
April 9, 2013 2
143 PG 695
JEFFREY R. SMITH
Clerk to the Board
April 9, 2013
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, April 9, 2013. Present were Chairman Joseph E Flescher, Vice Chairman Wesley S.
Davis, and Commissioners Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, Deputy County Attorney William K. DeBraal, and
Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Deputy County Attorney DeBraal led the Pledge of Allegiance to
the Flag.
April 9, 2013 1
12.I.1. WORK ORDER NO. 1 ECOLOGICAL ASSOCIATES, INC., SECTOR 3 BEACH
RESTORATION PROJECT, POST CONSTRUCTION BIOLOGICAL MONITORING
SERVICES 13
123. UTILITIES SERVICES - NONE 14
13. COUNTY ATTORNEY MATTERS - NONE 14
14. COMMISSIONER ITEMS 14
14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN - NONE 14
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 14
14.C. COMMISSIONER PETER D. O'BRYAN - NONE 14
14.D. COMMISSIONER BOB SOLARI 14
14.D.1. REVERSAL, IN PART, OF RELIEF CANALS 14
14 E COMMISSIONER TIM ZORC - NONE 17
15. SPECIAL DISTRICTS AND BOARDS 17
15.A. EMERGENCY SERVICES DISTRICT 17
15.A.1. APPROVAL OF MINUTES - MEETING OF DECEMBER 18, 2012 17
15.A.2. APPROVAL OF MINUTES - MEETING OF FEBRUARY 5, 2013 17
15.A.3. EMERGENCY SERVICES DISTRICT UPDATE: CONTINUED DISCUSSION 17
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 17
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 17
16. ADJOURNMENT 18
April 9, 2013 3
Bk 143 PG 697
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS - NONE
6. APPROVAL OF MINUTES
6.A. MEETING OF MARCH 5, 2013
6.B. MEETING OF MARCH 12, 2013
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the meeting minutes of the March 5, 2013, and March 12,
2013, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMIVIISSIONERS
NOT REOUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Commissioner Solari requested to pull Item 8.C. from the Consent Agenda for comment.
Apnl 9, 2013
II 43 PG 698
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 22, 2013 TO MARCH 28, 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 22, 2013 to March 28,
2013, as requested in the memorandum of March 28,
2013.
8.B. FINAL PAYMENT TO ADVANCED UTILITY SYSTEMS
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
final payment to Advanced Utility Systems, in the amount
of $44,200; the total contract was awarded for $527,200;
this final payment completes the County's obligation
under the contract, as recommended in the memorandum
of April 3, 2013.
8.C. MISCELLANEOUS BUDGET AMENDMENT 013
Commissioner Solari informed the public that Item No. 2 of this Miscellaneous Budget
Amendment includes the purchase of a fire rescue ambulance costing about $225,000.
April 9, 2013 ' . 3
MC 143 PG 699
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-027, amending the fiscal year 2012-2013
budget.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S)
10.A.1. VERO ESTATES, LLC's REQUEST TO AMEND THE TEXT OF THE
FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating, using a PowerPoint presentation (on
file), provided background, description, and analysis regarding Vero Estates, LLC's request to
revise the text of Policy 5.6 of the Future Land Use Element of the County's Comprehensive
Plan, for mixed use (residential and commercial uses) planned developments located in
residentially designated areas. In addition to the proposed Amendment, the applicant requested
the policy be changed to allow up to 2.5 acres of commercial property, located at the northeast
comer of CR 510 and 66th Avenue, to be developed in a mixed use planned development before
residential development is constructed. He elaborated on the Planning and Zoning
Commission's request for additional changes to Policy 5.6, expressed staffs support of the
changes, and recommended that the Board approve the proposed Comprehensive Plan Text
Amendment (CPTA) for transmittal to State and regional reviewing agencies.
April 9, 2013 4
BK 143 PG 700
Commissioners commented on the timing issue of residential development, stand alone
commercial, and the usable square footage for stormwater retention.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, sought and received information from staff
regarding Policy 5.6. He did not support the change and recommended tabling this item.
Joseph Paladin, Black Swan Consulting, representing the applicant, explained why he
supported the text amendment changes and how it would be economically beneficial to the
community and the County. He said the changes would allow for the development of property
located at the northeast corner of CR 510 and 66th Avenue as a mixed use planned development,
instead of the previously requested commercial land use re -designation and rezoning request.
Fred Mensing, 7580 129th Street, Roseland, wanted the Board to look at the big picture
and give this serious consideration.
Bill Rigby, 8465 59th Avenue, sought and received information from Mr. Paladin
pertaining to whether the project was taken to the citizens of Wabasso, or the Progressive Civic
League.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-028, approving the transmittal of a
proposed Indian River County Comprehensive Plan Text
Amendment to State and Regional Review Agencies.
April 9, 2013. 5
X43 PG 701
1O.A.2. NORTH COUNTY CHARTER ELEMENTARY SCHOOL'S REQUEST TO
REZONE ±0.94 ACRES FROM CH TO CL (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
The Commissioners, as requested by the Chairman, divulged ex parte site visits,
investigations, communications, and affirmed that their decisions would be based 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 at the hearing.
Director Keating, using a PowerPoint presentation (on file), explained the purpose of the
request to rezone ±0 94 acres, located on Old Dixie Highway, about 700 feet north of 65th Street,
from Heavy Commercial District (CH), to Limited Commercial District (CL), to allow for the
expansion of North County Charter Elementary School's playground and recreation area, parking
spaces, and a stormwater management area. He said that the requested CL Zoning District is
compatible with the surrounding area, is consistent with the Comprehensive Plan, meets the
concurrency test, and there will be no adverse environmental impacts. He recommended
approval of the rezoning request.
Discussion ensued regarding the adjacent CH zoned property, rezoning, and the 500 -foot
separation rule between schools and alcohol sales sites.
The Chairman opened the Public Hearing.
Joe Bittle, Schulke, Bittle, and Stoddard, LLC, supported rezoning the subject property
from CH to CL.
April 9, 2013
6
43 PG 702
Joseph Paladin, Black Swan Consulting, supported the rezoning project.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Ordinance 2013-003, amending the zoning ordinance and
the accompanying zoning map for ±0 94 acres located on
Old Dixie Highway approximately 700 feet north of 65th
Street, from CH, Heavy Commercial District, to CL,
Limited Commercial District; and providing codification,
severability, and effective date.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROMARDRA RIGBY AND BILL RIGBY REGARDING
RECAP OF APRIL 2"D BCC MEETING DISCUSSION
Ardra Rigby and Bill Rigby, 8465 59th Avenue, addressing the Board conjointly
clarified that their company's name is Capital Sanitation, Inc., a/k/a CSI (a new company), and
Ron Rigby's (Bill's brother) company name is R&R Corporate System, Inc., d/b/a Capital
Sanitation. They recalled some of the particulars from the Board of County Commissioners
meetings of April 21, 2009 and April 2, 2013, and reiterated concerns of disparate treatment.
Deputy County Attorney DeBraal explained the requirements and factors of the
application, as well as the evaluation process used in 2009 for the bid award of waste hauling in
the Enterprise Zone. He recalled that Waste Pro withdrew their support/cooperation from
Capital Sanitation, Inc., and he did not believe that CSI was treated any differently than the other
applicants.
4 +'
Apri19, 2013
7
DK 143 PG 743
A lengthy discussion ensued regarding Waste Pro's withdrawal of support from CSI; the
distinction between the two companies; the application criteria; and CSI's capabilities and
qualifications.
Administrator Baird said that staff would respond in writing, to the questions in the letter
that the Rigby's sent to Chairman Flescher.
Bill Rigby asked the Board to enforce the rules and policies set forth under the Appendix
of Special Acts, Chapter 59-1380 (the Utility Act of Indian River County), and Flonda Statute
287.057, which regulates procurement procedures.
NO BOARD ACTION REQUIRED OR TAKEN
The Chairman called for a break at 10:27 a.m., and reconvened the meeting at 10:38
a.m., with all members present.
10. B. 2. REQUEST TO SPEAK FROM FRED MENSING REGARDING SETTLEMENT
OFFER, PUBLIC RECORDS, COUNTY EMPLOYEES SPEAKING AT MEETINGS
Commissioner O'Bryan pointed out that Fred Mensing has two active lawsuits, and
voiced concerns whether it would be appropriate to continue discussion on the settlements of
lawsuits.
Attorney DeBraal asked the Commissioners to refrain from commenting on the pending
litigation, and noted that Mr. Mensing has a Constitutional right to appear before the Board He
said he would answer any questions regarding the content of Mr Mensing's discussion.
Fred Mensing, 7580 129th Street, Sebastian gave Attorney DeBraal a copy of the
Investigative Report from the Office of the State Attorney (on file), pertaining to deleted e-mails
from former County Attorney Will Colhns's computer. He elaborated on his allegation of
April 9, 2013 8
K 143 PG 704
"missing" e-mails, and requested that the Board direct Attorney DeBraal to meet with him and
try to bring the issue to a resolution that can be brought back to the Board for approval of
settlement.
Attorney DeBraal explained to Mr. Mensing that his latest demands to the Board were
things that the Board cannot accomplish, and stressed that the terms and conditions of the
settlement continue to change.
Discussion ensued regarding further negotiations, and the Board CONSENSUS was for
Attorney DeBraal to meet with Mr Mensing to see if his issues can be resolved.
Attorney DeBraal wanted Mr. Mensing to give his word that his negotiation list would be
totally complete when they meet, and that there will be no additional agendas thereafter.
Mr. Mensing suggested that in the future, the Board have all e-mail records in. the Legal
Office printed and put into appropriate files so future correspondence will not "vanish. '
10.C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR MATTERS
11.A. AMENDMENT AND RENEWAL OF FACILITY LEASE AGREEMENT WITH
VEROTOWN, LLC
Assistant County Administrator Michael Zito recapped his memorandum dated April 4,
2013, providing chronological background on the Facility Lease Agreement with Verotown,
LLC (f/k/a Dodgertown), negotiation details, recommendations regarding the main alterations to
the extension option in the current lease agreement, and the estimated annual cost of the renewal
term.
April 9, 2013 9
143 PG 70
Management and Budget Director Jason Brown confirmed for Chairman Flescher that he
had reviewed the financials.
Chairman Flescher invited public comments.
Keith Kite, Realtor, principal in the Springhill Suites Marriott, Board Member of the
Tourism Development Council of Indian River County, and member of the Treasure Coast
Sports Commission, highlighted the vision and value of the Vero Beach Sports Village to the
community, and recapped an article from FloridaTaxWatch.org titled "Investing in Tourism."
He urged the Board to continue negotiations for a revised lease agreement with Verotown, LLC.
Joseph Paladin, Black Swan Consulting, believed that Verotown, LLC is an asset to the
community that offers little risk and a huge reward. He spoke about Peter O'Malley's
generosity, and asked the Board to move forward with negotiations.
Assistant County Administrator Michael Zito explained how the four-month written
notice of termination would work in lieu of $200,000 liquidated damages.
A lengthy discussion ensued between the Commissioners and staff regarding the
negotiation process; staff's options and recommendations; Mr. O'Malley's commitment to the
County -owned Vero Beach Sports Village; the five-year cost table provided on page 76 of the
Agenda Packet that shows the estimated annual cost of the renewal term; and the County's
obligation to pay for the property and casualty insurance while the partnership contributes to the
Capital Reserve Account Funding.
April 9, 2013
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher to approve staff s
recommendation.
10
X143 PG 706
In response to Commissioner Zorc's request, Mr Keith elaborated on a recent study
released by the Treasure Coast Sports Commission, which estimated that from 2009 to 2012 the
Vero Beach Sports Village had a $21 million economic impact on the County's local businesses.
Commissioner Solari believed that economic development incentives should be open to
all members, and that the Board should not select specific businesses. He said he can only
support government spending if a service is essential. He also felt that the County is using a
significant amount of economic development resources on one project without knowing if it
could be better spent elsewhere.
Attorney DeBraal questioned the limits of the habihty insurance, and Administrator Baird
conveyed that Verotown, LLC remains on the County's policy, and they will reimburse the
County for their portion of the insurance premiums.
The Chairman CALLED THE QUESTION and the
Motion carried by a 4-1 vote (Commissioner Solari
opposed). The Board granted conceptual approval of the
following: (1) change the lease to require County payment
of premiums on County property; (2) remove liquidated
damages in exchange for a four-month notification
requirement; (3) the County funds any capital
improvements up to $250,000 per year; (4) the County
provides funding up to $600,000 for room renovations not
already completed; (5) Verotown, LLC invests profits in
facility enhancements to be owned by the County; and
(6) directed the County Attorney to return to the Board
with a final draft of the Third Amendment to the Facility
Lease Agreement, all as recommended in the
memorandum of April 4, 2013.
11
KK 143 PG 707
The Chairman called for a break at 11:52 a.m., and reconvened the meeting at 12:08
p.m., with all members present.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCYSERVICES - 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. DUNE RESTORATION REQUEST FROM THE CITY OF VERO BEACH
Management and Budget Director Jason Brown recapped his memorandum dated April 3,
2013. He explained the City of Vero Beach's (City) request for funding reimbursement from the
County, for dune restoration in the aftermath of Hurricane Sandy at Conn/Jaycee Park Beach and
Humiston Park Beach. He informed the Board that a letter was sent to the City informing them
that staff did not recommend the funding request; however, in light of the Resolution that the
City Council of Vero Beach adopted (2013-12), staff decided to bring this to the Board of
County Commissioners for a policy decision. He thereafter explained staff's concerns regarding
the reimbursement request, and the reasons for not funding the request from the Beach
Restoration Fund.
April 9, 2013 12
143 PG 708
Commissioner Solari believed it would be appropriate for the City to fund the dune
restoration from City funds. He suggested that staff send the City a summary letter of today's
presentation so they will understand the financial basis of the denial for funding.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner O'Bryan, to deny the City
of Vero Beach's request for funding, continue to fund
dune restoration from other sources for the County and the
municipalities, and send a summary letter of today's
presentation to the City of Vero Beach.
Vice Chairman Davis mentioned that this issue had been brought up by two advisory
boards and local business owners who were concerned about where the tourist tax dollars would
come from.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
12.H. RECREATION - NONE
12.1. PUBLIC WORKS
121.1. WORK ORDER No. 1 ECOLOGICAL ASSOCIATES, INC., SECTOR 3 BEACH
RESTORATION PROJECT, POST CONSTRUCTION BIOLOGICAL MONITORING
SERVICES
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Davis to approve Work
Order No. 1 to the contract with Ecological Associates,
Inc., and to authorize the Chairman to execute same on
behalf of the County.
April 9, 2013 13
lk 143PG70
Commissioner O'Bryan wanted to know if staff is ready to submit a permit to move
forward with the beach restoration during the November 2013 to January 2014 timeframe.
Public Works Director Chris Mora reported that staff would be ready to move forward
with the permit application from the Department of Environmental Protection, as long as the
funds are available.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12..!. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS - NONE
14. COMIYIISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN- NONE
14. C. COMMISSIONER PETER D. O'BRYAN - NONE
14.D. COMMISSIONER BOB SOLARI
14.D.1. REVERSAL, IN PART, OF RELIEF CANALS
Commissioner Solari said he had taken this proposal for the Total Maximum Daily Loads
(TMDL) remediation of the Indian River Lagoon to the March 26, 2013 Indian River Lagoon
OK 143PG71.0
April 9, 2013 14
Symposium (presentation on file). He felt the best solution to restore the Lagoon's health would
be to reverse, in part, the flow of water from the Indian River Farms Water Control District
(IRFWCD) relief canals. Using a PowerPoint presentation (on file), he provided background and
wanted to move forward with the preliminary planning, and start making the appropriate grant
applications.
Discussions ensued regarding the estimated cost per pound of the entire TMDL
remediation; the estimated cost per pound to remove mtrogen from Egret Marsh, Spoonbill
Marsh, and PC Main; the need for obtaining better measurements of nitrogen and phosphorous in
the Lagoon; and the need to obtain more consensus data to identify where the nitrogen is coming
from before investing money into the project.
Commissioner Solan emphasized that today he only wanted to explain the concept, and
see if there is support to move forward
Commissioner Zorc stated that the Lagoon Symposium was the first step of many, and
that the working group concept will pnontize ideas for short and long term goals, and track them
by measurable objectives. He felt Commissioner Solari should consider presenting his ideas to
the group for consideration and support.
Glenn Heran, 1964 Gray Falcon Circle, clarified and supported the water flow concept.
Brian Carman, Executive Director of the Indian River Neighborhood Association,
supported the proposal to conduct the research for the problems in the Lagoon, and encouraged
the dialogue to continue.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to direct the
County Administrator to begin accessing the feasibility of
reversing the relief canals in part, which would include
April 9, 2013 15
143 PG 711
having staff plan a path forward to reverse the waters of
the relief canals, begin developing a better understanding
of the canal system in the basin, and begin developing the
questions and other items necessary in the planning
process as well as to begin submitting all grants felt to be
reasonable to do the planning for the reversal of the waters
in the canals.
Vice Chairman Davis wanted to utilize the water in the canals as reuse water for
agricultural purposes.
Commissioner Zorc reiterated using the working group concept to pnoritize and review
all the issues, so there will not be duplication.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Zorc opposed), the Motion carried.
Commissioner Solari said there was discussion at the Symposium about Indian River
County taking the lead for TMDL remediation, and if the Board wishes to pursue that, staff
should consider sending letters to the relevant junsdictions to see what they presently have for
TMDL remediation.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously directed
the County Administrator to send letters to the relevant
junsdictions to see what they currently have for Total
Maximum Daily Loads (TMDL) remediation.
In addition, Commissioner Solari wanted the Board to consider the goal that after a 15 -
year penod, our children and grandchildren will be able to swim in a healthy lagoon.
Apri19, 2013 16
Bk {% 4 3 PG 712
The Board discussed the problems with the Lagoon and the necessary steps to bring it
back to good health.
The Chairman called for a break at 1:43 p.m., and reconvened the meeting at 1:54 p.m.,
with all members present.
14.E. COMMISSIONER TIMZORC - NONE
15. SPECIAL DISTRICTS AND BOARDS
1 S.A. EMERGENCY SERVICES DISTRICT
The 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 DECEMBER 18, 2012
15.A2. APPROVAL OF MINUTES - MEETING OF FEBRUARY 5, 2013
1 5.A.3. EMERGENCY SERVICES DISTRICT UPDATE: CONTINUED DISCUSSION
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
April 9, 2013 x 17
BX 14 3 PG 113
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
2:55 p.m.
ATTEST:
, Clerk
of Circuit Court and Comptroller
Minutes Approved: MAY 21 2013
BCC/LA/2013Minutes
April 9, 2013 18
seph E Flescher, Chairman n
61( 143 PG ilk