HomeMy WebLinkAbout07/16/2013COUNTY 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, JULY 16, 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
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk to the Board
Deputy Teddy Floyd, Indian River County
Sheriff's Department
Commissioner Wesley S. Davis, Vice Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation on Downtown Vero Beach Event by Vickie Wild, Executive
Director, Keep Indian River Beautiful
B. Presentation of Proclamation and Retirement Award Hononng Gary Easlick
on His Retirement From Indian River County Board of County
Commissioners Department of Utility Services/Solid Waste Disposal District
with Twenty -Two years of Service
PAGE
1-2
1414 PG 079
July 16, 2013 Page 1 of 7
6. APPROVAL OF MINUTES PAGE
A. Regular Meeting of June 18, 2013
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants — June 28, 2013 to July 3, 2013
(memorandum dated July 3, 2013) 3-11
B. Indian River County Tax Collector, Carole Jean Jordan, Report of the List of
Errors, Insolvencies, Double Assessments and Discounts for the 2012 Tax
Roll
(memorandum dated July 3, 2013)
12-23
C. Hiring of New Eminent Domain Attorney for CR 510 Improvement Project
(memorandum dated July 8, 2013) 24-28
D. Approval of Agreements to Purchase and Sell Parcel 108 Estate of Earl
Hobbs, Jr., 6420 40 Street, Vero Beach
(memorandum dated July 2, 2013) 29-44
E. Amendment to Agreement to Purchase and Sell Real Estate William and Eva
Graves
(memorandum dated July 8, 2013) 45-53
F. County Capital Asset Inventories
(memorandum dated July 3, 2013) 54-55
G. Crime Scene Unit — Release of Retainage — Donadio and Associates
(memorandum dated July 2, 2013) 56-61
H. Award of Bid No: 2013021, 12th Street and 27th Avenue Intersection
Improvements, IRC Project No. 9334
(memorandum dated July 1, 2013)
62-71
I. 2014 Holiday Schedule
(memorandum dated July 8, 2013) 72
111( I4.4 PG 0,80
July 16, 2013 Page 2 of 7
8. CONSENT AGENDA PAGE
J. Request for the Board of County Commissioners to Approve a Technical
Assistance Grant Agreement between the Department of Economic
Opportunity (DEO) and Indian River County
(memorandum dated July 9, 2012) 73-95
K. Crime Scene Facility Change Order # 3 Proctor Construction Company —
Evidence Compound
(memorandum dated June 11, 2013)
L. Federal Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant
(JAG) Approval of Distnbution of Grant Funds
(memorandum dated July 8, 2013)
96-119
120-123
M. North County Charter School Developer Agreement for Developer
Contnbutions to Roadway Improvements on Old Dixie Highway
(memorandum dated July 9, 2013)
124-129
N. Miscellaneous Budget Amendment 022
(memorandum dated July 10, 2013) 130-132
O. Proposed Third Amendment to Facility Lease Agreement for Vero Sports
Village
(memorandum dated July 9, 2013)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. IMG Citrus s Request for a Small Scale Comprehensive Plan Future
Land Use Map Amendment to Redesignate ±2.16 Acres from IL to
RM -10; and to Simultaneously Redesignate ±2.16 Acres from M-2
to C/I, and to Rezone those ±2 16 Acres from RM -10 to IL
(memorandum dated July 8, 2012)
(Legislative)
B. PUBLIC DISCUSSION ITEMS
None
133-140
141-160
BK 11414 PG 0 81
July 16, 2013 Page 3 of 7
10. PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
1. Notice of Special Call Meeting/Public Hearing:
A Special Call Meeting has been Scheduled for Thursday, July 18,
2013, to Conduct a Public Hearing and to Consider Adoption of a
Proposed Fertilizer Ordinance (Legislative)
(memorandum dated July 32 2013)
161
2. Notice of Scheduled Public Hearings for August 20,2013:
(memorandum dated July 2, 2013) 162
a. Providence Point Vero Beach, LLC's Request to Rezone
Approximately 186.33 Acres from A-1, Agncultural 1 (up
to 1 unit/5 acres), and RS -3, Residential Single -Family (up
to 3 units/acre), to Planned Development Traditional
Neighborhood Design (PDTND) and to Obtain Conceptual /
Special Exception Planned Development Plan Approval for
a Project to be Known as Providence Pointe (Legislative)
b. Consideration of Proposed Land Development Regulation
(LDR) Amendment to Section 911.15(1)(d), West County
Industrial Park Height Exception (Legislative)
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
Community Development
1. Consideration of Water Connection Policy for Properties Lying
Outside the Urban Service Area
(memorandum dated July 8, 2013)
B. Emergency Services
None
C. General Services
None
July 16, 2013
r-
Human Resources
None
163-172
IK .144 PG 082
Page 4 of 7
12. DEPARTMENTAL MATTERS PAGE
E.
F.
Human Services
None
Leisure Services
None
G. Office of Management and Budget
1. Recreational Revenue Refunding Bonds, Series 2003, Consideration
of Early Payoff with Interfund Loan from General Fund
_(memorandum dated July 9, 2013)
H.
Recreation
None
173-176
Public Works
1. Approval of Construction of the PC South Algal Nutrient Removal
Facility; and Approval of Construction of Associated Stormwater
and Brine Concentrate Force Mains
(memorandum dated July 8, 2013)
J. Utilities Services
1. Renewal of RFP/Bid for Water Tank Maintenance Program RFP#
2007057
(memorandum dated July 10, 2013)
2. Oyster Reef Pilot Project for Nutnent Removal and Habitat
Restoration
(memorandum dated July 10, 2013)
177-214
215-217
218-225
3. Indian River Aerodrome Subdivision, Indian River County Project
No. UCP — 4100, Approval of Work Order No. 2 to Retain MBV
Engmeermg for Surveying Services
(memorandum dated July 3, 2013)
226-233
13. COUNTY ATTORNEY MATTERS
A. Approval of Expert Witness Fees for William Bethel: Parcel 108
(memorandum dated July 9, 2013) 234-237
B. Property Exchange with KAH Development Corporation — 8th Court SW
(off Oslo Road)
(•memorandum dated July 8, 2013) 51
4 4 P238-26 0-6 3
July 16, 2013 Page 5 of 7
r
14. COMMISSIONERS ITEMS PAGE
A.
B.
Commissioner Joseph E. Flescher, Chairman
None
Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Peter D. O'Brvan
None
D. Commissioner Bob Solari
None
E.
Commissioner Tim Zorc
1. Indian River Lagoon Update
(memorandum dated July 10, 2013) 252
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C.
Environmental Control Board
None
16. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Amencans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
OK 144 PG 084,
July 16, 2013 Page 6 of 7 ,
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.
July 16, 2013
61 144 PG 085
Page 7 of 7
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JULY 16, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
EMERGENCY ITEM: ITEM 8 P - ELSTER METER REMEDY AGREEMENT 2
ADDITION: ITEM 14.A.1. — COMMISSIONER FLESCHER — EXPLANATION OF SUNSHINE LAW
REQUIREMENTS FOR COMMISSIONERS ATTENDING AND PARTICIPATING AT
PUBLIC MEETINGS THAT ARE NOT BOARD DIRECTED. 2
MOVE: ITEM 14.E 1. - COMMISSIONER ZORC - INDIAN RIVER LAGOON UPDATE MOVED
TO BE HEARD FOLLOWING CONSENT AGENDA 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION ON DOWNTOWN VERO BEACH EVENT BY VICKIE WILD,
EXECUTIVE DIRECTOR, KEEP INDIAN RIVER BEAUTIFUL 2
5 B PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING
GARY EASLICK ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES/SOLID WASTE
DISPOSAL DISTRICT WITH TWENTY-TWO YEARS OF SERVICE 3
July 16, 2013
1
MBK 144 PG 086
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF JUNE 18, 2013 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 3
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS - JUNE 28, 2013 TO JULY 3, 2013 4
8.B. INDIAN RIVER COUNTY TAX COLLECTOR, CAROLE JEAN JORDAN, REPORT OF
THE LIST OF ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS AND DISCOUNTS
FOR THE 2012 TAX ROLL 4
8.C. HIRING OF NEW EMINENT DOMAIN ATTORNEY FOR CR 510 IMPROVEMENT
PROJECT 4
8.D. APPROVAL OF AGREEMENTS TO PURCHASE AND SELL PARCEL 108 ESTATE OF
EARL HOBBS, JR., 6420 49TH STREET, VERO BEACH 5
8 E AMENDMENT TO AGREEMENT TO PURCHASE AND SELL REAL ESTATE WILLIAM
AND EVA GRAVES 5
8.F. COUNTY CAPITAL ASSET INVENTORIES 5
8.G. CRIME SCENE UNIT - RELEASE OF RETAINAGE - DONADIO AND ASSOCIATES 6
8.H. AWARD OF BID No: 2013021, 12TH STREET AND 27TH AVENUE INTERSECTION
IMPROVEMENTS, IRC PROJECT No. 9334 6
8.I. 2014 HOLIDAY SCHEDULE 7
8.J. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE A
TECHNICAL ASSISTANCE GRANT AGREEMENT BETWEEN THE DEPARTMENT OF
ECONOMIC OPPORTUNITY (DEO) AND INDIAN RIVER COUNTY 7
8.K. CRIME SCENE FACILITY CHANGE ORDER # 3 PROCTOR CONSTRUCTION
COMPANY - EVIDENCE COMPOUND 7
8 L FEDERAL FISCAL YEAR 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) APPROVAL OF DISTRIBUTION OF GRANT FUNDS 8
8.M. NORTH COUNTY CHARTER SCHOOL DEVELOPER AGREEMENT FOR DEVELOPER
CONTRIBUTIONS TO ROADWAY IMPROVEMENTS ON OLD DIXIE HIGHWAY 9
8.N. MISCELLANEOUS BUDGET AMENDMENT 022 9
8.0. PROPOSED THIRD AMENDMENT TO FACILITY LEASE AGREEMENT FOR VERO
SPORTS VILLAGE (F/K/A DODGERTOWN) 9
July 16, 2013 2
BK I44PG, 0 7
8.P. ADDITION - EMERGENCY ITEM - ELSTER METER REMEDY AGREEMENT 10
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10
10. PUBLIC ITEMS 10
10.A. PUBLIC HEARINGS 10
10.A.1. IMG CITRUS'S REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN FUTURE
LAND USE MAP AMENDMENT TO REDESIGNATE ±2.16 ACRES FROM IL TO RM -
10; AND TO SIMULTANEOUSLY REDESIGNATE ±2 16 ACRES FROM M-2 TO C/I,
AND TO REZONE THOSE ±2 16 ACRES FROM RM -10 TO IL (LEGISLATIVE) 10
10.B. PUBLIC DISCUSSION ITEMS - NONE 12
10.C. PUBLIC NOTICE ITEMS 12
10.C.1. NOTICE OF SPECIAL CALL MEETING/PUBLIC HEARING: A SPECIAL CALL
MEETING HAS BEEN SCHEDULED FOR THURSDAY, JULY 18, 2013, TO CONDUCT
A PUBLIC HEARING AND TO CONSIDER ADOPTION OF A PROPOSED FERTILIZER
ORDINANCE (LEGISLATIVE) 12
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR AUGUST 20, 2013' 12
10.C.2.A. PROVIDENCE POINT VERO BEACH, LLC'S REQUEST TO REZONE
APPROXIMATELY 186.33 ACRES FROM A-1, AGRICULTURAL 1 (UP TO 1 UNIT/5
ACRES), AND RS -3, RESIDENTIAL SINGLE-FAMILY (UP TO 3 UNITS/ACRE) TO
PLANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN (PDTND)
AND TO OBTAIN CONCEPTUAL/ SPECIAL EXCEPTION PLANNED DEVELOPMENT
PLAN APPROVAL FOR A PROJECT TO BE KNOWN AS PROVIDENCE POINTE
(LEGISLATIVE) 12
10.C.2.B. CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION (LDR)
AMENDMENT TO SECTION 911.15(1)(D), WEST COUNTY INDUSTRIAL PARK
HEIGHT EXCEPTION (LEGISLATIVE) 12
11. COUNTY ADMINISTRATOR MATTERS - NONE 13
12. DEPARTMENTAL MATTERS 13
12.A. COMMUNITY DEVELOPMENT 13
July 16, 2013 3
BK 1144 PG 0-8'8
12.A.1. CONSIDERATION OF WATER CONNECTION POLICY FOR PROPERTIES LYING
OUTSIDE THE URBAN SERVICE AREA 13
12.B. EMERGENCY SERVICES - NONE 14
12.C. GENERAL SERVICES - NONE 15
12.D. HUMAN RESOURCES - NONE 15
12 E HUMAN SERVICES - NONE 15
12.F. LEISURE SERVICES - NONE 15
12.G. OFFICE OF MANAGEMENT AND BUDGET 15
12.G.1. RECREATIONAL REVENUE REFUNDING BONDS, SERIES 2003, CONSIDERATION
OF EARLY PAYOFF WITH INTERFUND LOAN FROM GENERAL FUND 15
12.H. RECREATION - NONE 16
12.I. PUBLIC WORKS 16
12.I.1. APPROVAL OF CONSTRUCTION OF THE PC SOUTH ALGAL NUTRIENT REMOVAL
FACILITY, AND APPROVAL OF CONSTRUCTION OF ASSOCIATED STORMWATER
AND BRINE CONCENTRATE FORCE MAINS 16
12.3. UTILITIES SERVICES 17
12.J.1. RENEWAL OF RFP/BID FOR WATER TANK MAINTENANCE PROGRAM RFP#
2007057 17
12.J.2. OYSTER REEF PILOT PROJECT FOR NUTRIENT REMOVAL AND HABITAT
RESTORATION 18
12.J.3. INDIAN RIVER AERODROME SUBDIVISION, INDIAN RIVER COUNTY PROJECT No.
UCP - 4100, APPROVAL OF WORK ORDER No. 2 TO RETAIN MBV
ENGINEERING FOR SURVEYING SERVICES 19
13. COUNTY ATTORNEY MATTERS 19
13.A. APPROVAL OF EXPERT WITNESS FEES FOR WILLIAM BETHEL: PARCEL 108 19
13.B. PROPERTY EXCHANGE WITH KAH DEVELOPMENT CORPORATION - 8TH COURT
SW (OFF OSLO ROAD) 20
14. COMMISSIONER ITEMS 21
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN 21
14.A.1. ADDITION - EXPLANATION OF SUNSHINE LAW REQUIREMENTS FOR
COMMISSIONERS ATTENDING AND PARTICIPATING AT PUBLIC MEETINGS THAT
ARE NOT BOARD DIRECTED 21
July 16, 2013 4
BK 144 P6 089
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 22
14.C. COMMISSIONER PETER D. O'BRYAN - NONE 22
14.D. COMMISSIONER BOB SOLARI -NONE 23
14.E. COMMISSIONER TIM ZORC 23
14 E 1 INDIAN RIVER LAGOON UPDATE 23
15. SPECIAL DISTRICTS AND BOARDS 24
15.A. EMERGENCY SERVICES DISTRICT - NONE 24
15 B. SOLID WASTE DISPOSAL DISTRICT - NONE 24
15.C. ENVIRONMENT CONTROL BOARD - NONE 24
16. ADJOURNMENT 24
July 16, 2013 5
Bli 144 PG 090
1
JEFFREY R. SMITH
Clerk to the Board and Comptroller
July 16, 2013
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF JULY 16, 2013
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, July 16, 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 Admimstrator Joseph A. Baird, County Attorney Dylan T. Remgold, and Deputy Clerk
Maria I. Suesz.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Deputy Teddy Floyd, Indian River County Sheriffs Department, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Davis led the Pledge of Allegiance to the Flag.
'July 16,2013 1
r
BIC 11'4 PG 091
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
EMERGENCY ITEM: ITEM 8.P.- ELSTER METER REMEDYAGREEMENT
ADDITION: ITEM 14.A.1. - COMMISSIONER FLESCHER - EXPLANATION OF
SUNSHINE LAW REQUIREMENTS FOR COMMISSIONERS ATTENDING
AND PARTICIPATING AT PUBLIC MEETINGS THAT ARE NOT BOARD
DIRECTED.
MOVE: ITEM 14.E.1. - COMMISSIONER ZORC - INDIAN RIVER LAGOON
UPDATE MOVED TO BE HEARD FOLLOWING CONSENT AGENDA
ON MOTION by Commissioner Solan, SECONDED by Vice
Chairman Davis, the Board unanimously approved the
Agenda, as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION ON DOWNTOWN VERO BEACH EVENT BY VICKIE WILD,
EXECUTIVE DIRECTOR, KEEP INDIAN RIVER BEAUTIFUL
Vicky Wild, Executive Director of Keep Indian River Beautiful (KIRB), updated the
Board on the progress KIRB has made over the past two years, with recycle bins and cigarette
containers. She announced the unveiling of five new recycle bins awarded to KIRB at
Downtown Friday in Vero Beach on July 26th from 6:00 p.m. to 9:00 p.m., and the KIRB Market
Place in the Mall to be held Saturday, July 27, 2013, 1:00 p.m. to 6:00 p.m. Ms. Wild also
announced a new campaign with the Agricultural Advisory Council and announced to anyone
interested in more information to go to Iwanttoberecycled.org.
July 16, 2013' 2
BK 144PG092
1
Commissioner O'Bryan suggested Ms. Wild look into placing a recycle bin in the City of
Sebastian.
S.B. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD
HONORING GARY EASLICK ON HIS RETIREMENT FROM INDIAN RIVER
COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF
UTILITYSERVICES/SOLID WASTE DISPOSAL DISTRICT WITH TWENTY-
TWO YEARS OF SERVICE
Chairman Flescher read and presented the Proclamation to Gary Easlick.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JUNE 18, 2013
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
minutes of the June 18, 2013 meeting, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Administrator Baird pulled Item 8.I. for discussion.
Chairman Flescher pulled Item 81. for discussion.
July 16, 2013 3
BK 144 PG 093
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS - JUNE 28, 2013 TO JULY 3, 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 June 28, 2013 to July 3, 2013, as requested
in the memorandum of July 3, 2013.
8.B. INDL4NRIVER COUNTY TAX COLLECTOR, CAROLE JEANJORDAN,
REPORT OF THE LIST OF ERRORS, INSOLVENCIES, DOUBLE
ASSESSMENTS AND DISCOUNTS FOR THE 2012 TAX ROLL
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the List
of Errors, Insolvencies, Double Assessments and Discounts
for the 2012 tax roll, as requested in the memorandum of July
3, 2013.
8.C. HIRING OF NEW EMINENT DOMAIN ATTORNEY FOR CR 510
IMPROVEMENT PROJECT
July 16, 2013
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
hiring of William P. Doney, Esq. as the County's outside
Eminent Domain Attorney for the CR 510 Improvement
Project, as recommended in the memorandum of July 8, 2013.
4
BK 144PG094
8_11 APPROVAL OF AGREEMENTS TO PURCHASE AND SELL PARCEL 108
ESTATE OF EARL HOBBS, JR., 6420 49" STREET, VERO BEACH
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved: (1) the
Agreement to Purchase and Sell for the right-of-way and
temporary construction easement from the Hobbs Estate at a
price of $106,600, inclusive of all fees and costs; and (2) the
Board found that this expansion of 66th Avenue is necessary to
accommodate growth in the County and such growth will
benefit from this expansion, as recommended in the
memorandum of July 2, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. AMENDMENT TO AGREEMENT TO PURCHASE AND SELL REAL ESTATE
WILLIAM AND EVA GRAVES
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unammously approved and
authorized the Chairman to execute the Amended Agreement
to Purchase and Sell Real Estate with the Graves, depicting
improvement changes, as recommended in the memorandum
of July 8, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. F. COUNTY CAPITAL ASSET INVENTORIES
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the list
of assets for deletion from the inventory system as presented
and recommended in the memorandum of July 3, 2013.
July 16, 2013 5
BK 144 PG 095
8.G. CRIME SCENE UNIT - RELEASE OF RETAINAGE - DONADIO AND
ASSOCIATES
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved release
of retainage in the amount of $13,130.14 for design work
completed through March 2013, by Donadio and Associates,
Architects, P.A., for the Cnme Scene Umt Project, as
recommended in the memorandum dated July 2, 2013.
8.H. AWARD OF BID NO: 2013021,12mSTREET AND 27mAVENUE
INTERSECTION IMPROVEMENTS, IRC PROJECT No. 9334
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously: 1) found that the
improvements to the intersection at 12th Street and 27th
Avenue are necessary to accommodate growth in the County
and that such growth will benefit from the improvements; 2)
approved the project to be awarded to Timothy Rose
Contracting, Inc., in the amount of $1,525,216.32; and 3)
approved and authorized the Chairman to execute the sample
agreement after receipt and approval of the required Public
Construction Bond and certificate of insurance and after the
County Attorney has approved the agreement as to form and
legal sufficiency, as recommended in the memorandum of July
1, 2013.
DOCUMENTON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
BK X144 PG 096
July 16, 2013 6
8.1. 2014 HOLIDAY SCHEDULE
Administrator Joseph Baird asked the Board to approve a modified holiday schedule (see
replacement page 72) that indicated the County to be open on Christmas Eve, Wednesday,
December 24, 2014, and closed on the day after Christmas, Friday, December 26, 2014, to allow
for a long weekend.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solari, the Board unanimously approved the
amended 2014 Holiday Schedule, reflecting the County to be
open Wednesday, December 24, 2014, and to be closed
Friday, December 26, 2013.
8.J. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE
A TECHNICAL ASSISTANCE GRANT AGREEMENT BETWEEN THE
DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND INDIAN RIVER
COUNTY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board approved and authorized the
Chairman to execute two copies of the Technical Assistance
Grant Agreement with the Department of Economic
Opportunity (DEO), as recommended in the memorandum of
July 9, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. CRIME SCENE FACILITY CHANGE ORDER # 3 PROCTOR
CONSTRUCTION COMPANY- EVIDENCE COMPOUND
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
July 16, 2013 7
81 I44 PG 097
authonzed the Chairman to execute Change Order # 3 to the
Cnme Scene Facility contract with Proctor Construction
Company in the amount of $73,013.73 including the use of
owners' contingency balance increasing the contract amount
to $1,827,452, as recommended in the memorandum of June
11, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.L. FEDERAL FISCAL YEAR 2013 EDWARD BYRNE MEMORIAL .JUSTICE
ASSISTANCE GRANT (JAG) APPROVAL OF DISTRIBUTION OF GRANT
FUNDS
Chairman Flescher requested Director of Budget and Management Jason Brown to give
an explanation of the distribution of the funds to better inform the public.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved the
Substance Awareness Council Advisory Board's
recommendations and authonzed the Board Chairman to
execute the letter approving distribution of the funds to Multi -
Agency Criminal Enforcement Unit (M A C E) and the
Substance Awareness Council Drug Testing Program, along
with the grant applications and other necessary related
documents for submittal to the Flonda Department of Law
Enforcement, Office of Criminal Justice Grants, pnor to the
deadline of Friday, August 2, 2013, as recommended in the
memorandum of July 8, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 16, 2013 8
BK 144 PG 098
8.111. NORTH COUNTY CHARTER SCHOOL DEVELOPER AGREEMENT FOR
DEVELOPER CONTRIBUTIONS TO ROADWAYIMPROVEMENTS ON OLD
DIXIE HIGHWAY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Developer Agreement with North County Charter School,
Inc., as recommended in the memorandum of July 9, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. MISCELLANEOUS BUDGET AMENDMENT 022
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-065 amending the fiscal year 2012-2013
budget.
8.0. PROPOSED THIRD AMENDMENT TO FACILITY LEASE AGREEMENT FOR
VERO SPORTS VILLAGE (F/8/A DODGERTOWN)
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unammously approved and
authorized the Chairman to execute the new version of the
Third Amendment to the Facility Lease Agreement with
Verotown, LLC, on behalf of the Board, as recommended in
the memorandum of July 9, 2013.
July 16, 2013 9
Bit 144 P6 0:9.,
DOCUMENT ON FILE 1N THE OFFICE OF THE CLERK TO THE BOARD
S.P. ADDITION - EMERGENCY ITEM - ELSTER METER REMEDY
AGREEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board approved: (1) the Remedy
Agreement between Indian River County and Elster AMCO,
LLC, and (2) approved staff to issue a purchase order to Elster
AMCO, LLC for the purchase of its propriety modules, as
recommended in the memorandum of July 15, 2013.
DOCUMENT 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. IMG CITRUS'S REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN
FUTURE LAND USE MAP AMENDMENT TO REDESIGNATE ±2.16 ACRES
FROM IL TO RM -10; AND TO SIMULTANEOUSLY REDESIGNATE ±2.16
ACRES FROM M-2 TO C/I, AND TO REZONE THOSE *2.16 ACRES FROM
RM -10 TO IL (LEGISLATIVE)
144 P6 1 00
July 16, 2013 10
P
Director of Community Development Bob Keating presented proposed amendments to
the Future Land Use Map to swap Land Use Designations on two properties located near 45th
Street and Old Dixie Highway, and requested that the Board adopt the authorizing Ordinances.
The Chairman opened the Public Hearing.
Bruce Barkett, Esq., representing the applicant, was present to address any questions.
Bob Johnson, Coral Wind subdivision, was concerned that the Board was setting a
precedent and that the Public may not be aware of the action taking place today on this item.
Joseph Paladin, Black Swan Consulting, commended Bruce Barkett in the manner that
he brought this item forward
Chairman Flescher closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Flescher, the Board unanimously adopted
Ordinance 2013-008 amending the future land use map by
changing the land use designation for ± 2 16 acres from C/I,
Commercial/Industrial, to M-2, Medium Density Residential -
2 (up to 10 units/acre) (southern property); and simultaneously
re -designating ± 2.16 acres from M-2 to C/I (northern
property), and providing codification, severability, and
effective date.
ON MOTION by Commissioner Solari, SECONDED by Vice
Chairman Davis, the Board unanimously adopted Ordinance
2013-009, amending the zomng ordinance and zoning map by
July 16, 2013 11
H4 PG 1014.
rezoning ±2.16 acres from IL, Light Industrial District, to RM -
10, Multi -Family Residential District (up to 10 umts/acre)
(southern property); and simultaneously rezoning ±2.16 acres
from RM -10 to IL (northern property), and providing
codification, severability, and effective date.
10.B. PUBLIC DISCUSSION ITEMS - NONE
10. C. PUBLIC NOTICE ITEMS
10.C.1.
NOTICE OF SPECIAL CALL MEETING/PUBLIC HEARING: A SPECL4L
CALL MEETING HAS BEEN SCHEDULED FOR THURSDAY, JULY 18,
2013, TO CONDUCT A PUBLIC HEARING AND TO CONSIDER ADOPTION
OFA PROPOSED FERTILIZER ORDINANCE (LEGISLATIVE)
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR AUGUST 20, 2013:
10. C.2.A. PROVIDENCE POINT VERO BEACH, LLC IS REQUEST TO REZONE
APPROXIMATELY 186.33 ACRES FROM 24-1, AGRICULTURAL 1 (UP TO 1
UNIT/5 ACRES), AND RS -3, RESIDENTIAL SINGLE-FAMILY (UP TO 3
UNITS/ACRE), TO PLANNED DEVELOPMENT TRADITIONAL
NEIGHBORHOOD DESIGN (PDTND) AND TO OBTAIN CONCEPTUAL/
SPECIAL EXCEPTION PLANNED DEVELOPMENT PLAN APPROVAL FOR A
PROJECT TO BE KNOWN AS PROVIDENCE POINTE (LEGISLATIVE)
10.C. 2.B. CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION
(LDR) AMENDMENT TO SECTION 911.15(1)(D), WEST COUNTY
INDUSTRIAL PARK HEIGHT EXCEPTION (LEGISLATIVE)
BK 144 PG 102
July 16, 2013 12
1
C
The County Attorney read the Notice into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF WATER CONNECTION POLICY FOR PROPERTIES
LYING OUTSIDE THE URBAN SERVICE AREA
Community Development Director Bob Keating recalled the Board meeting of June 18,
2013, when residents living outside the Urban Service Area (USA) expressed a strong desire to
connect to the County water line that is being installed along 66th Avenue, as part of the 66th
Avenue road paving project. Staff made contact with the Health Department and determined that
the Health Department does not consider certain characteristics in their water testing that would
find the water to be contaminated. After evaluating the water connection policy outside the
Urban Service Area (USA) staff determined there was no need to change the policy, but they
identified three options for the Board to consider, recommending Option 3:
Option 1: Not to change the Urban Service Area (USA) policies;
Option 2: Allow properties, regardless of geographic location, to connect to the County
utility system; or
Option 3: Amend the County Comprehensive Plan to incorporate an additional exemption
to the County's prohibition of extending utility service outside of the USA to allow properties
adjacent to an existing utility line to connect to the County utility system.
The Commissioners made comments regarding determining a specified distance, and
having a cost-sharing agreement.
July 16, 2013 13
BK la 4 P6 10
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to direct the Utility
Department to analyze the distance of all abutting 66th Avenue
properties and bring specific recommendations back to the
Board
County Attorney Dylan Reingold clarified the motion, and questioned if Commissioner
Solari intended to include the cost-sharing factor.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Chairman Flescher, to include the condition
that any property owner requesting a water extension would
have to pay for the extension.
Commissioner Zorc suggested that staff have a better thought process when looking at a
long term road plan and including a utility component in that plan, as well as a cost-sharing
agreement that would benefit the system.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved Option 3, to amend
the County Comprehensive Plan to incorporate an additional
exemption to the County's prohibition of extending utility
service outside the Urban Service Areas to allow properties
adjacent to an existing utility line to connect to the County
utility system, and directed Utility Department staff to analyze
the distance and cost, and bring back to the Board specific
recommendations.
12.B. EMERGENCY SERVICES - NONE
July 16, 2013 14
BK 144 PG 104
12. C. GENERAL SERVICES - NONE
12.1. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET
12. G.1. RECREATIONAL REVENUE REFUNDING BONDS, SERIES 2003,
CONSIDERATION OF EARLY PAYOFF WITH INTERFUND LOAN FROM
GENERAL FUND
Management and Budget Director Jason Brown, accompanied by Assistant County
Administrator Mike Zito, presented an analysis regarding the early payoff of the remaining
bonds outstanding during this fiscal year, to provide an interest savings for the Sandridge Golf
Course Director Brown responded to questions from the Board
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously: (1) authorized
staff to begin the process of calling the remaining Recreational
Revenue Refunding Bonds, Series 2003 in the amount of
$1,565,000 that become callable on September 1, 2013; (2)
authorized an Interfund Loan from General Fund reserves in
the amount of $1,565,000 at an interest rate of 2.5% per year;
(3) approved this loan to be repaid by the Golf Course on the
same schedule as the current bond issue, as presented on the
debt service schedule; and (4) authorized a budget amendment
to allocate funding for the transaction from General Fund Cash
Forward, all as recommended in the memorandum of July 9,
2013.
July 16, 2013 15
8K 144 PG 105
Chairman Flescher called a recess at 10:33 a.m. and reconvened the meeting with all
members present at 10:46 a.m.
12.H. RECREATION NONE
12.L PUBLIC WORKS
12.1.1. APPROVAL OF CONSTRUCTION OF THE PC So UTHAL GAL NUTRIENT
REMOVAL FACILITY: AND APPROVAL OF CONSTRUCTION OF
ASSOCIATED STORMWATER AND BRINE CONCENTRATE FORCE MAINS
Director of Public Works Chris Mora, accompanied by W. Keith McCully, County
Stormwater Engineer, requested the Board approve bid award and agreements for construction of
the PC South Algal Nutrient Removal Facility, and the associated Stormwater and Bnne
Concentrate Force Main.
There was a brief question and answer period when the Board sought further detail
regarding how the process is measured to prove credibility.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to approve staff's
recommendation.
Director of Utilities Vincent Burke disclosed that the existing Flonda Department of
Environmental Protection (FDEP) consent order attached to the operating permit at the South
County Reverse Osmosis (RO) Plant stipulates that by September 2013, the County shall no
longer discharge brine concentrate directly to the relief canal. Due to project delays, staff has
written to the FDEP-Central Distract to ask for an additional one year extension to the consent
order timeline, and he will bring back an update on the construction schedule once he is noticed
of the extension.
July 16, 2013 16
BK 144 PG 106
The CHAIRMAN CALLED THE QUESTION and the
Motion carried unanimously. The Board unammously
approved: (1) the PC South Algal Nutrient Removal Facility
Construction Contract with Close Construction, LLC for
$5,856,660.20; and (2) even though Felix Associates of
Florida, Inc. was unresponsive regarding large diameter
directional bore qualification and information reporting
requirements, the Board approved the South County Brine
Disposal Pipeline Construction Contract with Felix Associates
of Florida, Inc. for $1,164,853.40; and authorized the
Chairman to execute both construction contracts after review
and approval of the Public Construction Bond Agreement and
insurance certificates by appropriate staff; (3) approved the
direct purchase of certain PC South equipment, as presented,
for an estimated amount of $1,074,380.00 and authorized the
Purchasing Manager to issue Purchase Orders for those items;
(4) authorized a construction contract contingency fee reserve
equal to approximately 5% of the Close Construction and
Felix Associates bids for a total of $351,000, and authorized
staff to use the reserve for change orders as deemed necessary
by staff without additional Board approval up to the amount of
the reserve; and (5) approved payment of a $190,000
Technology License Fee to Hydromentia, Inc., all as
recommended in the memorandum of July 8, 2013.
DOCUMENTS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J. UTILITIES SERVICES
12.J.1. RENEWAL OF RFP/BID FOR WATER TANK MAINTENANCE PROGRAM
RFP# 2007057
July 16,2013 17
Bks 14 4 PG 107
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously approved to
renew the bid with U.S.C., Inc. d/b/a/ Utility Service Co. Inc.
for the second five year term ending in Apnl 2017, to perform
the maintenance and inspection of its storage tanks, and as
recommended in the memorandum of July 10, 2013.
(Clerk's Note: Year 2013 is year six (6) of the second five year term.)
12.J.2. OYSTER REEF PILOT PROJECT FOR NUTRIENT REMOVAL AND
HABITAT RESTORATION
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to approve staff's
recommendation,
A general discussion ensued by the Board regarding this project.
Rene Renzi, 301 Waverly Place, voiced her concern for the need to have more publicity
on the utility projects addressed today.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved and authorized the
Chairman to execute Work Order No. 1 with Ecotech
Consultants, Inc. for $28,500.00, as recommended in the
memorandum of July 10, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 16, 2013 18
K 11414 PG.108
12.1.3. INDL4NRIVER AERODROME SUBDIVISION, INDIAN RIVER COUNTY
PROJECT No. UCP - 4100, APPROVAL OF WORK ORDER No. 2 TO
RETAIN MBV ENGINEERING FOR SURVEYING SERVICES
ON MOTION by Commissioner Solari, SECONDED by Vice
Chairman Davis, the Board unanimously approved and
authorized the Chairman to execute Work Order No. 2
(Engineenng/Surveying) from MBV Engmeenng, Inc. for a
total lump sum amount of $17,953, as recommended in the
memorandum of July 3, 2013.
13. COUNTY ATTORNEY MATTERS
13.A. APPROVAL OF EXPERT WITNESS FEES FOR WILLIAMBETHEL:
PARCEL 108
Deputy County Attorney Bill DeBraal provided a history of Board action regarding this
matter dating back to March 17, 2009. He advised the Board that the only matter unresolved is
the payment of Mr. Bethel's expert witness fees and costs, which by Florida Statute, the County
as the condemning authority, is obligated to pay.
Commissioner O'Bryan expressed concern about the constant rising cost of fees and
made the following motion:
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Zorc, to table this item, and
allow time for the newly hired Eminent Domain Attorney
William P. Doney, to look at the cost of fees and provide his
opinion.
DK 144 PG 109
July 16, 2013.7 19
Attorney DeBraal acknowledged that the fees had been increasing and pointed out that
this was a five-day tnal case. However, Commissioner O'Bryan remained of the opimon that the
appraisal fees were outrageous.
Attorney DeBraal asked for a clarification of the Motion to table this item until the next
Board meeting in August.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Commissioner Zorc, to table this item until
the August 20, 2013 Board meeting.
In response to Commissioner Davis's inquiry, County Attorney Reingold totaled up the
fees already invested in this matter to a dollar amount of $486,600, excluding the County legal
fees.
The Chairman CALLED THE QUESTION and the Motion
camed unanimously. The Board approved to table this item,
until the August 20, 2013 Board meeting to allow time for
review of the cost of fees by the newly hired Eminent Domain
Attorney William P. Doney.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. PROPERTY EXCHANGE WITHKAHDEVELOPMENT CORPORATION- 8'H
COURT SW (OFF OSLO ROAD)
Attorney DeBraal requested the Board's approval to exchange County land located at 830
0 Street SW, with KAH Development Corporation land located at 8th Court SW in Vero Beach,
and asked the Chairman to allow comments from the Public on this item.
July 16, 2013 20
BIS 144 PG 110
The Chairman opened the floor to the Public; seeing no speakers, the Chairman closed
the open session and called for a Motion.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-066 approving an exchange of land with
KAH Development Corporation.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN
14.A.1. ADDITION - EXPLANATION OF SUNSHINE LAW REQUIREMENTS FOR
COMMISSIONERS ATTENDING AND PARTICIPATING AT PUBLIC
MEETINGS THAT ARE NOT BOARD DIRECTED.
Chairman Flescher dissertated on recent concerns regarding the Commissioners'
attendance and participation at community meetings, particularly when more than one
Commissioner is in attendance. He asked the County Attorney for an explanation of staff's
obligation at public meetings that are not Board directed, advice on specifically attending the
upcoming Gifford Neighborhood meeting, and speaking on Community Redevelopment Area
issues (CRA) with Civic Groups.
Attorney Reingold gave a brief overview of the Sunshine Law requirements. He stated
that the meetings need to be noticed, held in a public area, and minutes need to be taken, should
two or more Commissioners wish to attend and participate. He advised that the Gifford
Neighborhood meeting is noticed and held in a public area, and if a Commissioner wants to
participate at that meeting, minutes must be taken. He told the Board that at the beginning of the
meeting, they should make their comments and answer any questions they would like to, and if
they were to break out into separate groups or committees, he advised the Board to exit the
meeting to avoid further complications with the Sunshine Law, and let staff remain to participate.
BK 144 PG 111
July 16, 2013 21
The other issue was the desire for the Commissioners to speak with Civic groups concerning
CRA issues. These meetings, he said, are not necessarily subject to the Sunshine Law; however,
should multiple Commissioners be in attendance and wish to participate, they need to make sure
the meeting is in a public place, have minutes taken, and see that the meeting is noticed.
Commissioner Solari declared that he may attend these meetings, but had no desire to
participate in them, and did not want to place an additional burden on staff by his attendance.
Chairman Flescher did not anticipate involvement at the Gifford meeting, other than an
introduction. He felt he had an obligation to bring this matter up, as it became a concern to staff
as to what they should be doing.
Attorney Reingold assured the Board that if Commissioners were to attend and simply
listen then it does not implicate the Sunshine Law.
After several Commissioners stated their goals, the following CONSENSUS was
reached.
There was a CONSENSUS of the Board that the
Commissioners would attend the Gifford Neighborhood
Meeting, to listen and not participate, and that there would be
no need to consider the Gifford Neighborhood Meeting of
Monday, July 22, 2013, as a meeting under the Sunshine Law.
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN NONE
14. C. COMMISSIONER PETER D. O'BRYAN- NONE
Clerk's Note: An impromptu announcement was made by Commissioner O'Bryan, who
alerted the Board that Mr. Orcutt would be giving a PowerPoint Presentation at the Special Call
July 16, 2013 22
BK 14 4 PG 1 1
Fertilizer Ordinance meeting on Thursday, July 18, 2013 (copy filed with the Special Call
meeting of July 18, 2013).
14.1. COMMISSIONER BOB SOLARI NONE
14.E. COMMISSIONER TIMZORC
14.E.1. INDIAN RIVER LAGOON UPDATE
Commissioner Zorc invited Howard Ehrsam, Program Manager of the Indian River
Lagoon Working Group, and Senior Project Manager with Creech Engineers, Inc. (Creech), to
provide an update on the progress of the Indian River Lagoon Working Group. Mr. Ehrsam used
a PowerPoint (copy on file) to define the Working Group's plan to hold a two-day workshop on
a target date of August 26 and 27, 2013.
Vice Chairman Davis, liaison of the Agricultural Advisory Committee, wanted to make
sure that the Agricultural Advisory Committee has a voice, and participates with the Indian River
Working Group, with the intent of operating under the Sunshine. Law. He provided a handout
(on file) of the Agricultural Advisory Committee meeting draft minutes that showed their
recommendation to seek funding and assistance from agencies and entities to research location
and design of reservoirs or containment areas for agricultural water.
Attorney Reingold clarified that there are no County dollars being supplied to this
Working Group; and no delegation of authority by governmental or legislative function in this
Group; they are an independent organization, operating in the Sunshine, but not tied to those
requirements, studying the lagoon, conducting workshops, and reporting back to the Board.
8K 144 PG 143
July 16, 2013 23
Commissioner Zorc said he would place a progress report on the agenda for the first
meeting in September.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15.C. ENVIRONMENT 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 11:59 p.m.
ATTEST:
Je %''. S th
Cler of Circuit Court & Comptroller
Minutes Approved: AUG Z 0 2013
BCC/MS/2013Minutes
July 16, 2013 24
h E Flescher, Chairman
44 PC 114