HomeMy WebLinkAbout07/02/2013COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Wesley S. Davis, Vice Chairman
Peter D. O'Bryan
Bob Solari
Tim Zorc
1.
2.
3.
4.
5.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JULY 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
Jeffrey R. Smith, Clerk of the Circuit Court and
Comptroller
Commissioner Peter D. O'Bryan
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation and Retirement Award Hononng Gerald Davis
on His Retirement from Indian River County Board of County
Commissioners Office of Management & Budget Purchasing Division With
Twenty -One Years of Service
July 2, 2013
PAGE
1-2
44 PG OOI
Page l of 8
5.
6.
7.
8.
PROCLAMATIONS and PRESENTATIONS PAGE
B. Presentation Honoring Brian Andrew Beckett; Steven Randall Hawkins;
Walter Edwin Hughes, Jr., Philip Lee Lavandera; Zachary Edward Maes;
Robert T. Miller; William Taylor Norman; and Bnan Jason Smith for
Earning the Eagle Scout Award 3-10
APPROVAL OF MINUTES
A. Regular Meeting of June 4, 2013
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Member at Large Vacancy on the Children's Services Advisory Committee
(memorandum dated June 24, 2013) 11
B. 2013 Election of Planning and Zoning Commission (P&Z) Vice Chairman
(memorandum dated June 17, 2013) 12
CONSENT AGENDA
A. Approval of Warrants — June 7, 2013 to June 13, 2013
(memorandum dated June 13, 2013) 13-23
B. Approval of Warrants — June 14 2013 to June 20, 2013
(memorandum dated June 20, 2013) 24-30
C. Resolution Canceling Taxes on Property Dedicated by North County Charter
School, Inc. for Right -Of -Way
(memorandum dated June 13, 2013)
31-37
D. Resolution Canceling Taxes on Property Purchased from Patrick Shawn Free
for Right -Of -Way
(memorandum dated June 13, 2013)
38-45
E. Resolution Canceling Taxes on Property Acquired by the City of Sebastian
to Become Part of the City's Municipal Cemetery
(memorandum dated June 24 2013)
F. Proclamation and Retirement Award Honoring Mike Hotchkiss on His
Retirement from Indian River County Board of County Commissioners
Department of Utility Services for Seventeen Years of Service
46-51
52-53
BK 144 PG 002
July 2, 2013 Page 2 of 8.
8.
9.
10.
CONSENT AGENDA PAGE
G. Children's Services Advisory Committee (CSAC) Funding Allocations for
Fiscal Year 2013-2014
(memorandum dated June 13, 2013) 54-55
H. Close -Out and Final Payment of Work Order No. PCM -1 for Sediment
Removal at PC Main Screening Facility
(memorandum dated June 21, 2013)
Approval of License Agreement with Van Ert, Nemoto and Associates, LLC
to Perform Research and Assist the County in Various Stormwater
Treatment Related Efforts at Egret Marsh Stormwater Park
(memorandum dated June 20, 2013)
56-58
59-68
J. 2014 Oblique Aerial Imagery Acquisition Project
(memorandum dated June 17, 2013) 69-88
K. Amendment No. 19 to the Professional Services Agreement with Carter
Associates, Inc. IRC Project No. 98108, 66th Avenue Paving Improvements,
Phase 2 (4th Street to 16th Street)(Additional Utility Improvements)
(memorandum dated June 20, 2013)
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
PUBLIC ITEMS
89-94
A. PUBLIC HEARINGS
1. KTLC TD1, LLC's Request for Abandonment of a 20' Alleyway
Running from 42nd Place South to 42nd Street and Lying Behind
Lots 1-10 of the J. T. Gray's Town of Gifford Subdivision
(memorandum dated June 4, 2013)
Legislative
2. Consideration of Amendments to Land Development Regulations
(LDRs) Chapter 915, Planned Development, to Change Mixed Use
Development Regulations to Be Consistent with the Revised
Comprehensive Plan Mixed Use Policy 5.6, and to Delete an Out -
of -Date Table (Appendix) in Chapter 952, Traffic
(memorandum dated June 18, 2013)
Legislative
July 2, 2013
95-104
105-128
144 PG 003
Page 3 of 8
13.
14.
J.
3. As -Built Resolution and Final Assessment Roll for Asphalt Milling
Improvements to 7th Place from 63'' Avenue to 60th Avenue in the
Pine Tree Park Subdivision IRC Project No. 1212
(memorandum dated June 18, 2013)
264-273
Utilities Services
1. Work Order No. 5 — Professional Services to Kimley-Horn &
Associates, Inc. for the Acid Tank Replacement South RO Water
Treatment Plant (Amendment #1)
(memorandum dated June 17, 2013)
2. Approval of Amendment No. 2 to Work Order No. 1 with Atkins,
Inc for Engineering Services to Design Improvements for
Miscellaneous Deteriorated Clarifier Structures at the West
Regional Wastewater Treatment Facility
(memorandum dated June 20, 2013)
3. Work Order No. GKE-3 with G.K. Environmental, Inc. to Assist the
County with Maintaining Developed Wetlands at the Lost Tree
Islands
(memorandum dated June 20, 2013)
274-282
283-296
297-303
4. Approval for Retaining the Utilities Department Labor Contractor
to Construct Water Main Loop Extensions South of Oslo Rd. and
Approval of Work Authorization No. 2012-003 to Melvin Bush
Construction, Inc. UCP 4101, WIP No. 471-169000-13525
(memorandum dated June 18, 2013)
COUNTY ATTORNEY MATTERS
A. Request for Attorney -Client Session in Indian River County v. Turner
Construction Company, et al, Circuit Court, Indian River County Case #
312011 CA002999
(memorandum dated June 21, 2013)
304-307
308
B. Revision of Holman Stadium Use Guidelines
(memorandum dated June 19, 2013) 309-315
C. Fertilizer Ordinance
(memorandum dated June 19, 2013) 316-329
COMMISSIONERS ITEMS
A.
B.
Commissioner Joseph E. Flescher, Chairman
None
Commissioner Wesley S. Davis, Vice Chairman
PAGE
11104 PG 006
July 2, 2013 Page 6 of 8
15.
16.
C.
D.
E.
1. St. Johns River Alliance Application for Blueway Designation
Request for Letter of Support
(memorandum dated July 2, 2013)
Commissioner Peter D. O'Brvan
None
Commissioner Bob Solari
1. Road and Bridge Workers
(memorandum dated June 24, 2013)
330-335
336-337
Commissioner Tim Zorc
1. Special Funding for Economic Development Promotion
(memorandum dated June 26, 2013)
SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
None
ADJOURNMENT
338
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.
IK I14P0007
July 2, 2013 Page 7 of 8
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.
B 44 PG- 00.8
July 2, 2013 Page 8 of 8
fJEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JULY 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 HONORING
GERALD DAVIS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS OFFICE OF MANAGEMENT & BUDGET PURCHASING
DIVISION WITH TWENTY-ONE YEARS OF SERVICE 2
5.B. PRESENTATION HONORING BRIAN ANDREW BECKETT; STEVEN RANDALL
HAWKINS; WALTER EDWIN HUGHES, JR ; PHILIP LEE LAVANDERA; ZACHARY
EDWARD MAES; ROBERT T. MILLER; WILLIAM TAYLOR NORMAN; AND BRIAN
JASON SMITH FOR EARNING THE EAGLE SCOUT AWARD 2
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF JUNE 4, 2013 3
July 2, 2013 1
j 44 PG 009
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. MEMBER AT LARGE VACANCY ON THE CHILDREN'S SERVICES ADVISORY
COMMITTEE 3
7.13. 2013 ELECTION OF PLANNING AND ZONING COMMISSION (P&Z) VICE
CHAIRMAN 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS - JUNE 7, 2013 TO JUNE 13, 2013 4
8.B. APPROVAL OF WARRANTS - JUNE 14, 2013 TO JUNE 20, 2013 5
8.C. RESOLUTION CANCELING TAXES ON PROPERTY DEDICATED BY NORTH COUNTY
CHARTER SCHOOL, INC. FOR RIGHT-OF-WAY 5
8.D. RESOLUTION CANCELING TAXES ON PROPERTY PURCHASED FROM PATRICK
SHAWN FREE FOR RIGHT-OF-WAY 5
8 E RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE CITY OF
SEBASTIAN TO BECOME PART OF THE CITY S MUNICIPAL CEMETERY 6
8.F. PROCLAMATION AND RETIREMENT AWARD HONORING MIKE HOTCHKISS ON
HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF UTILITY SERVICES FOR SEVENTEEN YEARS
OF SERVICE 6
8.G. CHILDREN'S SERVICES ADVISORY COMMITTEE (CSAC) FUNDING
ALLOCATIONS FOR FISCAL YEAR 2013-2014 7
8.H. CLOSE-OUT AND FINAL PAYMENT OF WORK ORDER NO. PCM -1 FOR SEDIMENT
REMOVAL AT PC MAIN SCREENING FACILITY 7
8.I. APPROVAL OF LICENSE AGREEMENT WITH VAN ERT, NEMOTO AND
ASSOCIATES, LLC TO PERFORM RESEARCH AND ASSIST THE COUNTY IN
VARIOUS STORMWATER TREATMENT RELATED EFFORTS AT EGRET MARSH
STORMWATER PARK 8
8.J. 2014 OBLIQUE AERIAL IMAGERY ACQUISITION PROJECT 8
8.K. AMENDMENT NO. 19 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. IRC PROJECT NO. 98108 66TH AVENUE PAVING
IMPROVEMENTS, PHASE 2 (4TH STREET TO 16TH STREET)(ADDITIONAL UTILITY
IMPROVEMENTS) 9
July 2, 2013 2
BK 144 PG NO
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 9
10. PUBLIC ITEMS 9
10.A. PUBLIC HEARINGS 9
10.A.1. KTLC TD1, LLC'S REQUEST FOR ABANDONMENT OF A 20' ALLEYWAY
RUNNING FROM 42ND PLACE SOUTH TO 42ND STREET AND LYING BEHIND LOTS
1-10 OF THE J. T. GRAY'S TOWN OF GIFFORD SUBDIVISION (LEGISLATION) 9
10.A.2. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS
(LDRS) CHAPTER 915, PLANNED DEVELOPMENT, TO CHANGE MIXED USE
D EVELOPMENT REGULATIONS TO BE CONSISTENT WITH THE REVISED
COMPREHENSIVE PLAN MIXED USE POLICY 5.6, AND TO DELETE AN OUT-OF-
D ATE TABLE (APPENDIX) IN CHAPTER 952, TRAFFIC (LEGISLATIVE) 10
10.A.3. VERO ESTATES, LLC'S REQUEST TO AMEND THE TEXT OF THE FUTURE LAND
U SE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 12
10.B. PUBLIC DISCUSSION ITEMS 13
10.B.1. REQUEST TO SPEAK FROM CHARLES (CHUCK) FANNIN REGARDING CONCERNS
OVER MUNICODE CHAPTER 974 13
10.B.2. REQUEST TO SPEAK FROM DENISE KELLY REGARDING REVIEW OF NOISE AND
VIBRATION CODE 974.03(1.04) 15
10.B.3. DELETED: REQUEST TO SPEAK FROM ARDRA AND BILL RIGBY REGARDING
EQUALITY AND AFFIRMATIVE OPPORTUNITY 15
10.C. PUBLIC NOTICE ITEMS 15
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JULY 16, 2013. 15
IMG CITRUS'S REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN FUTURE
LAND USE MAP AMENDMENT TO REDESIGNATE ± 2.16 ACRES FROM C/I TO M-
2, AND TO REZONE THOSE ± 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) 15
11. COUNTY ADMINISTRATOR MATTERS- NONE 15
12. DEPARTMENTAL MATTERS 15
12.A. COMMUNITY DEVELOPMENT 15
July 2, 2013 3
BK 14 4 PG 0. I I
12.A.1. REQUEST TO APPROVE AN AMENDED AND RE -STATED AGREEMENT BETWEEN
INDIAN RIVER HABITAT FOR HUMANITY AND INDIAN RIVER COUNTY FOR
NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMMATIC SERVICES AND
MODIFICATION #1 TO NSP3 SINGLE-FAMILY PURCHASE, REDEVELOPMENT,
AND SALES PROGRAM MANUAL 15
12.A.2. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE THE
IMPACT FEE UPDATE CONSULTANT SERVICES CONTRACT WITH TINDALE-
OLIVER AND ASSOCIATES AND TO AUTHORIZE THE BOARD CHAIRMAN TO SIGN
THE CONTRACT
16
12.B. EMERGENCY SERVICES - NONE 19
12.C. GENERAL SERVICES - NONE 19
12.D. HUMAN RESOURCES - NONE 19
12 E HUMAN SERVICES - NONE 19
12.F. LEISURE SERVICES - NONE 19
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 19
12.H. RECREATION - NONE 19
12.I. PUBLIC WORKS 19
12.I.1 SECONDARY HURRICANE DEBRIS REMOVAL CONTRACT CHANGE OF VENDOR 19
12.I.2. CAFETERIA FACILITY - BUILDING A / DAILY DOSE CAFE - LEASE RENEWAL 20
12.I.3. AS -BUILT RESOLUTION AND FINAL ASSESSMENT ROLL FOR ASPHALT MILLING
IMPROVEMENTS TO 7TH PLACE FROM 63RD AVENUE TO 60TH AVENUE IN THE PINE
TREE PARK SUBDIVISION IRC PROJECT No. 1212
21
12.J. UTILITIES SERVICES 21
12.J.1. WORK ORDER No. 5 - PROFESSIONAL SERVICES TO KIMLEY-HORN &
ASSOCIATES, INC. FOR THE ACID TANK REPLACEMENT SOUTH RO WATER
TREATMENT PLANT (AMENDMENT #1) 21
APPROVAL OF AMENDMENT No. 2 TO WORK ORDER NO. 1 WITH ATKINS, INC.
FOR ENGINEERING SERVICES TO DESIGN IMPROVEMENTS FOR MISCELLANEOUS
DETERIORATED CLARIFIER STRUCTURES AT THE WEST REGIONAL
WASTEWATER TREATMENT FACILITY 22
12.J.3. WORK ORDER No. GKE-3 WITH G.K. ENVIRONMENTAL, INC. TO ASSIST THE
COUNTY WITH MAINTAINING DEVELOPED WETLANDS AT THE LOST TREE
ISLANDS 22
12.J.2.
July 2, 2013 4
MC 4 4 PG 0 I
12.3.4. APPROVAL FOR RETAINING THE UTILITIES DEPARTMENT LABOR CONTRACTOR
TO CONSTRUCT WATER MAIN LOOP EXTENSIONS SOUTH OF OSLO RD. AND
APPROVAL OF WORK AUTHORIZATION NO. 2012-003 TO MELVIN BUSH
CONSTRUCTION, INC., UCP 4101, WIP No. 471-169000-13525 23
13. COUNTY ATTORNEY MATTERS 23
13.A. REQUEST FOR ATTORNEY-CLIENT SESSION IN INDIAN RIVER COUNTY V.
TURNER CONSTRUCTION COMPANY, ET AL, CIRCUIT COURT, INDIAN RIVER
COUNTY CASE # 312011 CA002999 23
13.B. REVISION OF HOLMAN STADIUM USE GUIDELINES 24
13.C. FERTILIZER ORDINANCE 25
14. COMMISSIONER ITEMS 29
14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN - NONE 29
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 29
14.B.1. ST. JOHNS RIVER ALLIANCE APPLICATION FOR BLUEWAY DESIGNATION
REQUEST FOR LETTER OF SUPPORT 29
14.C. COMMISSIONER PETER D. O'BRYAN - NONE 30
14.D. COMMISSIONER BOB SOLARI 30
14.D.1. ROAD AND BRIDGE WORKERS 30
14.E. COMMISSIONER TIM ZORC 30
14 E 1 SPECIAL FUNDING FOR ECONOMIC DEVELOPMENT PROMOTION 30
15. SPECIAL DISTRICTS AND BOARDS 32
15.A. EMERGENCY SERVICES DISTRICT - NONE 32
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 32
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 32
16. ADJOURNMENT 32
July 2, 2013 5
44PG013
JEFFREY R. SMITH
Clerk to the Board
July 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, July 2, 2013. Present were Chairman Joseph E Flescher, Vice Chairman Wesley S.
Davis, and Commissioners Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, County Attorney 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
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner O'Bryan led the Pledge of Allegiance to the Flag.
114 PG 014
July 2, 2013 1
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
S.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING
GERALD DAVIS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS OFFICE OF MANAGEMENT &
BUDGET PURCHASING DIVISION WITH TWENTY-ONE YEARS OF SERVICE
Vice Chairman Davis read and presented the Proclamation to Gerald Davis.
S.B. PRESENTATION HONORING BRIAN ANDREW BECKETT; STEVEN RANDALL
HAWKINS; WALTER EDWIN HUGHES, JR.; PHILIP LEE LAVANDERA;
ZACHARY EDWARD MAES; ROBERT T. MILLER; WILLIAM TAYLOR
NORMAN; AND BRIAN JASON SMITH FOR EARNING THE EAGLE SCOUT
A WARD
Chairman Flescher read the Proclamations and congratulated the Eagle Scouts and their
family members.
Charlie Griffiths, Eagle Chair of the Indian River Division of the Gulf Stream Council,
presented the awards to the following Eagle Scouts:
July 2, 2013 2
44 PG 0 I 5
Brian Andrew Beckett
Walter Edwin Hughes, Jr.
Zachary Edward Maes
Brian Jason Smith
William Taylor Norman
Steven Randall Hawkins
Each scout, upon receipt of his award, made a bnef address to the Board.
(Clerk's Note: Philip Lee Lavandera and Robert T. Miller, due to other obligations,
were not present).
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JUNE 4, 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 Regular Meeting of June 4, 2013, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. MEMBER AT LARGE VACANCY ON THE CHILDREN'S SERVICES ADVISORY
COMMITTEE
July 2, 2013 3
a ILO; PG 016
Noted for the record was the vacancy of the Member -at -Large position on the Children's
Services Advisory Committee.
7.B. 2013 ELECTION OF PLANNING AND ZONING COMMISSION (P&Z) VICE
CHAIRMAN
Noted for the record was the appointment of Todd Brognano as Vice Chairman to the
Planning and Zoning Commission for 2013. Mr Brognano will be replacing George Hamner.
8. CONSENT AGENDA
Chairman Flescher requested to pull Item 8.F. for discussion.
Commissioner O'Bryan requested to pull Item 8.G. 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 - JUNE 7, 2013 TO JUNE 13, 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 7, 2013 to June 13,
2013, as requested in the memorandum of June 13, 2013.
July 2, 2013 4
(`14PG0I
8.B. APPROVAL OF WARRANTS -.TUNE 14, 2013 TO JUNE 20.2013
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 14, 2013 to June 20,
2013, as requested in the memorandum of June 20, 2013.
8.C. RESOLUTION CANCELING TAXES ON PROPERTY DEDICATED BY NORTH
COUNTY CHARTER SCHOOL, INC. FOR RIGHT-OF-WAY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-056, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Dedicated to County by North County Charter School,
Inc. for public right-of-way at 6640 Old Dixie Highway)
8.D. RESOLUTION CANCELING TAXES ON PROPERTY PURCHASED FROM
PATRICK SHAWN FREE FOR RIGHT- OF- WA Y
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-057, canceling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
July 2, 2013 5
bl 44PG0I8
(Patrick Shawn Free -seller; Old Dixie Highway right-of-
way north of 2"d Street, including corner clip at northwest
corner of Old Dixie Highway and rd Street).
8.E. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE CITY
OF SEBASTIAN TO BECOME PART OF THE CITY'S MUNICIPAL CEMETERY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher the Board unanimously approved
Resolution 2013-058, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Acquired from Chairman Herd Rallis; for City of
Sebastian Municipal Cemetery; 12900 U.S. Highway 1)
8.F. PROCLAMATION AND RETIREMENT AWARD HONORING MIKE HOTCHKISS
ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF UTILITY SERVICES FOR SEVENTEEN
YEARS OF SERVICE
Chairman Flescher recognized Mike Hotchkiss on his seventeen years of service with the
County Utilities Department.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Proclamation and Retirement Award honoring Mike
Hotchkiss on his retirement from the Department of
Utility Services.
131( 144 PG019
July 2, 2013 6
8.G. CHILDREN'S SERVICES ADVISORY COMMITTEE (CSAC) FUNDING
ALLOCATIONS FOR FISCAL YEAR 20134014
Commissioner O'Bryan, Board Liaison to the Children's Services Advisory Committee
(CSAC), relayed that some concerns were posed via an anonymous email about the Castle
Exchange Club Program. He advised that the County's Human Services Director Bradley
Bernauer has addressed these matters with Castle's Executive Director and the President of its
Governing Board, and that he (the Commissioner), Mr Bernauer, and the CSAC feel confident
going forward with the recommended funding allocations.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the Children Services Advisory Committee's (CSAC)
funding recommendations for 2013-14, as recommended
in the memorandum of June 13, 2013.
8.H. CLOSE-OUT AND FINAL PAYMENT OF WORK ORDER No. PCM -1 FOR
SEDIMENT REMOVAL AT PC MAIN SCREENING FACILITY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
deleting Item No. 1 (cleaning the treatment channel), and
approved payment for Item No. 2 of Work Order No.
PCM -1 with EMC Divers, Inc., for $7,100.00, as
recommended in the memorandum of June 21, 2013.
July 2, 2013 7
144 PG 020
81 APPROVAL OF LICENSE AGREEMENT WITH VAN ERT, NEMOTO AND
ASSOCL4TES, LLC TO PERFORM RESEARCH AND ASSIST THE COUNTY IN
VARIOUS STORMWATER TREATMENT RELATED EFFORTS AT EGRET
MARSH STORMWATER PARK
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
License Agreement with Van Ert, Nemoto and Associates
(VEN) LLC, as recommended in the memorandum of June
20, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.J. 2014 OBLIQUE AERIAL IMAGERY ACOUISITION PROJECT
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously: (1) approved
the 2014 Oblique Aerial Imagery Acquisition project as
outlined on pages 74 — 76 of the agenda package, in the
amount of $119,767.00; and (2) authorized the Chairman
to execute the agreement with Pictometry International
Corporation, and related documents, all as recommended
in the memorandum of June 17, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 2, 2013 8
144 PG 021
8.K. AMENDMENT NO. 19 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. IRC PROJECT NO. 98108, 667.11 AVENUE
PAVING IMPROVEMENTS, PHASE 2 (4TH STREET TO 16TH
STREET)(ADDITIONAL UTILITY IMPROVEMENTS)
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Amendment No. 19
for a lump sum amount of $11,420.00, for Carter
Associates, Inc., as outlined in the Scope of Services dated
June 17, 2013, as recommended in the memorandum of
June 20, 2013.
AMENDMENT 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. KTLC TDI, LLC'S REOUEST FOR ABANDONMENT OFA 20' ALLEYWAY
RUNNING FROM 42" PLACE SOUTH TO 42" STREET AND LYING BEHIND
LOTS 1-10 OF THE.J. T. GRAY'S TOWN OF GIFFORD SUBDIVISION
(LEGISLATION)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
July 2, 2013 9
Bs
44 PG 022
Community Development Director Bob Keating used a PowerPoint Presentation (on file),
to provide the key details regarding KTLC (Kite Tax Lien Capital) TD1, LLC's request for the
County to abandon a 20' wide alley right-of-way in the J.T. Gray's Town of Gifford Subdivision.
He noted that the very southern five feet of the alley is not proposed to be abandoned because it
is needed for 42m Street right-of-way, and that a drainage and utility easement will be overlaying
the entire right-of-way area. He thereafter gave staffs recommendation for the Board to approve
the proposed Resolution providing for the abandonment.
The Chairman opened the Public Hearing.
Kelly Kite, one of the applicants, explained that the abandonment will facilitate future
development of his lots, and other lots in the area.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unammously approved
Resolution 2013-059, providing for the closing,
abandonment, vacation and discontinuance of a 20' wide
alleyway running from 42nd Place South to 42nd Street and
lying behind Lots 1 — 10 of the J. T. Gray's Town of
Gifford Subdivision as shown in Plat Book 1, Page 89 of
the Public Records of Brevard County, as described
herein, said land now lying. in Indian River County,
Florida.
10.14.2. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDRs) CHAPTER 915, PLANNED DEVELOPMENT, TO
CHANGE MIXED USE DEVELOPMENT REGULATIONS TO BE CONSISTENT
WITH THE REVISED COMPREHENSIVE PLAN MIXED USE POLICY 5.6, AND
BK 144 PG 023
July 2, 2013 10
TO DELETE AN OUT-OF-DATE TABLE (APPENDIX) IN CHAPTER 952,
TRAFFIC (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
(Clerk's Note: This item was discussed conjointly with Item 10.A.3., and is placed here
for continuity).
Following discussion and Board approval of Item 10.A.3., Vero Estates, LLC's Request
to Amend the Text of Policy 5.6 of the County's Comprehensive Plan Future Land Use Element
(FLUE), Community Development Director Robert Keating advised that the Land Development
Regulations (LDR's) must be amended in order to implement the changes. He relayed that staff,
as well as the Planning & Zoning Commission, recommend Board adoption of the proposed
Ordinance amending Chapter 915, Planned Development (PD) Process and Standards for
Development, and approval of minor changes to Chapter 952, Traffic.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously adopted
Ordinance 2013-006 concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 915, Planned Development (P.D.)
Process and Standards for Development, by amending
Mixed Use Standards Section 915.20; providing for an
amendment to Chapter 952, Traffic, by deleting the
appendix; and by providing for repeal of conflicting
provisions, codification, severability, and effective date.
July 2, 2013 11
Mt 144 PG 024
IO.A.3. VERO ESTATES, LLC'S REQUEST TO AMEND THE TEXT OF THE
FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN
(LEGISLA TIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
(Clerk's Note: This item was heard prior to Item 10.A.2, and is placed here for
continuity).
Director Keating recalled that on April 9, 2013, after considering the request of Vero
Estates, LLC to revise the text of Policy 5.6 of the Future Land Use Element (FLUE) of the
County's Comprehensive Plan, the Board approved transmittal of the proposed amendment to
the review agencies, and today is the final public hearing on this matter. He used a PowerPoint
presentation (on file) to give background and analysis on the proposed amendments, noting that
the applicant proposes to change the use requirements to allow fuel sales within mixed use
Planned Developments (P.D's) in residentially designated areas; and to allow a certain amount of
commercial development to be done before any residential development proceeds. He thereafter
gave the recommendations of the Planning & Zoning Commission, and staff, for the Board to
approve the request to amend the text of Policy 5.6 by adopting the proposed ordinance.
Staff addressed the Board's questions about the proposed Comprehensive Plan Text
Amendment, after which the Chairman opened the Public Hearing.
Joseph Paladin, Black Swan Consulting and Entitlement, representing the Vero Estates
Project, spoke to the benefits that the proposed changes would bring about, and requested that
the Board approve the text amendment.
There were no other speakers, and the Chairman closed the Public Hearing.
144 PG 025
July 2, 2013 12
MOTION by Commissioner Solari, SECONDED by
Commissioner Zorc, the Board unanimously adopted
Ordinance 2013-007, amending the text of the Policy 5.6
of the Future Land Use Element of the County's
Comprehensive Plan; and providing codification,
severability, and effective date.
The Chairman called a recess at 9:52 a.m., and reconvened the meeting at 10: 04 a.m.,
with all members present.
10.B. PUBLIC DISCUSSION ITEMS
1O.B.1. REQUEST TO SPEAK FROM CHARLES (CHUCK) FANNINREGARDING
CONCERNS OVER MUNICODE CHAPTER 974
Charles (Chuck) and Lisa Fannin, 2820 Grand Isle Way, Millstone Landing, provided
background and conditions on their request for the Board to amend the County's Land
Development Regulations (LDRs), Chapter 974, Noise and Vibration Control, to raise the
permitted decibel levels in residential areas. The Fannins advised that they had received a Code
Enforcement Board violation for their electric pool heater because it exceeds 60 decibels (dB),
(the allowable sound level), and that they have learned that most outdoor electrical units in the
neighborhood also exceed that level. They voiced their willingness to build a cinderblock wall
around the heater, but don't want to spend the money if it doesn't clear up the violation.
Denise Kelly, 2830 Grand Isle Way adjacent to the Fannins' home, presented a handout
to the Board (copy on file), describing the stress that her household has been under, due to the
volume of sound emanating from the Fannin's pool equipment. She relayed how close the pool
heater is to the Kelly's lanai and master bedroom, and urged the Fannins to construct the wall as
a noise buffer.
July 2, 2013 13
144 PG 026
A broad -ranging discussion ensued, with individual Board members suggesting the
following:
• Explore whether homeowners in the state of California (which has a pool heater
ordinance), have brought their sound levels into compliance after construction of
a barrier wall
• Explore the sound levels of modern, efficient, pool heaters and air conditioning
units, so a determination can be made on what changes to the code might be
desired
Mrs. Kelly in response to Commissioner O'Bryan's query, agreed to drop her Code
Enforcement Board complaints if the Fammms build the sound barrier.
Mr. Fannin reiterated his concerns that they would still have a Code Enforcement Board
violation if the wall is built, but the dB level of the pool heater does not decrease to 60.
Roland DeBlois, Environmental Planner and Code Enforcement Chief, acknowledged
that the Code Board makes the final decision in the end, but surmised that if the sound level
measures within a dB or two a resolution can be reached. Director Keating added that the Code
Enforcement Board will not be measuring the sound levels unless there is a complaint.
Mr. Fannin requested that Mrs Kelly indicate m writing her agreement to drop the Code
Enforcement Board complaint if they construct the barrier around their pool heater.
Chief DeBlois advised Mr. Fannin that the July 2, 2013 meeting minutes would serve his
purpose.
No Board Action Required or Taken
July 2, 2013 14
44 PG 027
10.B.2. REQUEST TO SPEAK FROM DENISE KELLY REGARDING REVIEW OF
NOISE AND VIBRATION CODE 974.03(1.04)
This item was heard in conjunction with Item 10.B.1.
No Board Action Required or Taken
10.B.3. DELETED: REQUEST TO SPEAK FROMARDRA AND BILL RIGBY
REGARDING EQUALITY AND AFFIRMATIVE OPPORTUNITY
10. C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JULY 16, 2013:
IMG CITRUS'S REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN
FUTURE LAND USE MAP AMENDMENT TO REDESIGNATE +2.16ACRES
FROM C/I TOM -2, AND TO REZONE THOSE +2.16 ACRES FROM IL TO
RM -10: AND TO SIMULTANEOUSLY REDESIGNATE ±2.16 ACRES FROM
M-2 TO CI, AND TO REZONE THOSE ±2.16ACRES FROM R111-10 TOIL
(LEGISLATIVE)
County Attorney Alan S. Polackwich, Sr. read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS- NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST TO APPROVE AN AMENDED AND RE STATED AGREEMENT
BETWEEN INDIAN RIVER HABITAT FOR HUMANITY AND INDIAN RIVER
July 2, 2013 15
144 PG 028
COUNTY FOR NEIGHBORHOOD STABILIZATION PROGRAM (NSP3)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMMATIC
SERVICES AND MODIFICATION #1 TO NSP3 SINGLE-FAMILY PURCHASE,
REDEVELOPMENT, AND SALES PROGRAM MANUAL
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously: (1)
approved the proposed Amended and Re -Stated
Neighborhood Stabilization Program 3 (NSP3)
Developer's Agreement between Indian River County and
Indian River Habitat for Humanity; (2) approved the
proposed modifications to the NSP3 Single -Family
Purchase, Redevelopment and Sales Program Manual; (3)
authorized the Community Development Director to make
any changes to the proposed Amended and Re -Stated
NSP3 Developer's Agreement between Indian River
County and Indian River Habitat for Humanity and to the
proposed modifications to the NSP3 Single -Family
Purchase, Redevelopment and Sales Program Manual that
may be required by the U.S. Department of Housing and
Urban Development; and (4) authorized the Chairman to
execute proposed Amended and Re -Stated NSP3
Developer's Agreement between Indian River County and
Indian River Habitat for Humanity, as recommended in
the memorandum of June 17, 2013.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.A.2. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE
THE IMPACT FEE UPDATE CONSULTANT SERVICES CONTRACT WITH
,14.4 PG 0.29
July 2, 2013 16
TINDALE-OLIVER AND ASSOCIATES AND TO A UTHORIZE THE BOARD
CHAIRMAN TO SIGN THE CONTRACT
Director Keating recapped his memorandum of June 21, 2013, providing background and
analysis on the nine impact fees (not inclusive of water and sewer) imposed by the County. He
informed the Board that the proposed impact fee study will assist the Board in its required
triennial review of the fee schedule, and presented staff's recommendation for the Board to
approve Tindale -Oliver and Associates, Inc. (Tindale -Oliver) as the impact fee update study
consultant. He advised that the proposed scope of services in the agreement specifies that a
Board Workshop Meeting will be held after the consultant finishes his data collection, and that
the study will include analysis on whether there is a way to reduce commercial impact fees
without increasing residential.
Commissioner Zorc requested that staff see whether Tindale -Oliver can conclude the
study before the projected date of November 2013, so the workshop can be held sooner. Director
Keating agreed to check.
Charlie Wilson, Office Location - 2001 Building, urged the Board to have a workshop
meeting prior to commissioning the impact fee study. He declared that he has information
showing that the Board may no longer have the legal authority to charge impact fees in certain
instances, because the County has exceeded Level of Service standards in those categories.
Commissioner Zorc noted that he had some items that might change the scope of the
services, and wanted to quantify the costs associated with the study at the time of the workshop
meeting.
Further deliberations ensued, with input from County Administrator Joseph Baird,
regarding the County's Levels of Service in various categories, and how they affect impact fees.
July 2, 2013 17
PK 4 4 Ft 030
Mr. Wilson requested that the Board ask the consultant to evaluate whether the County's
impact fees pass the Dual Rational Nexus Test; Administrator Baird agreed to check with
Tindale-Oliver's staff attorney.
(Clerk's Note: The Dual Rational Nexus Test pertains to having a reasonable connection
between the need for capital facilities and the population growth generated by development).
Discussion continued on matters relative to the calculation and imposition of the impact
fees.
Joseph Paladin, Black Swan Consulting and Entitlement, spoke to the necessity to have
impact fees to support new development. He cautioned the Board that a reduction to
transportation fees would create a shortage of funds that are needed for road projects.
Charlie Wilson requested that discussion be held at the workshop as to whether the
impact fees are being expended correctly.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to: (1) approve the
selection of the sole proposer, Tindale -Oliver and
Associates; (2) approve the Draft Consultant Services
Contract; and (3) authorize the Chairman to execute the
Impact Fee Consultant Services Contract for a total cost of
$199,839.07.
Commissioner Zorc requested that the components of Task 1 and Task 2 outlined on
Appendix "B" Draft Project Budget Indian River County Impact Fee Study, be broken down on a
cost per service basis.
OX 144 PG 031
July 2, 2013 18
Commissioner O'Bryan stressed that the scope of services in the proposed agreement is
being driven by the County Commission, not staff.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.B. EMERGENCY SERVICES - NONE
12.C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION- NONE
12.1. PUBLIC WORKS
12.1.1 SECONDARY HURRICANE DEBRIS REMOVAL CONTRACT CHANGE OF
VENDOR
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously: (1)
awarded the Secondary Debris Removal Agreement to
July 2, 2013 19
44 PG 032
Omni Pinnacle, Inc.; (2) approved the sample agreement,
and (3) authorized the Chairman to execute the agreement
after the County Attorney has approved same as to form
and legal sufficiency, as recommended in the
memorandum of May 24, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.2. CAFETERIA FACILITY BUILDINGA / DAILY DOSE CAFE - LEASE
RENEWAL
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to approve staff's
recommendation.
Commissioner Solari noted his past and current opposition to this item.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Solari opposed), the Board approved
extending the existing lease with Julie Anderson for the
Daily Dose Cafe, from August 1, 2013 through July 30,
2014, with automatic renewal for three (3) one (1) year
terms, each with the same terms and conditions, as
recommended in the memorandum of June 24, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 2, 2013 20
•
BK PG 033
12.1.3. AS -BUILT RESOLUTION AND FINAL ASSESSMENT ROLL FOR ASPHALT
MILLING IMPROVEMENTS TO 777' PLACE FROM 63RD AVENUE TO 60m
AVENUE IN THE PINE TREE PARK SUBDIVISION IRC PROJECT Na 1212
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
Resolution 2013-060, certifying "as -built" costs for
certain asphalt milling improvements to 7th place west of
63"' Avenue to 60th Avenue, in the Pine Tree Park
Subdivision — IRC Project No. 1212, and other
construction necessitated by such project; providing for
formal completion date, and date for payment without
penalty and interest.
12.J. UTILITIES SERVICES
12.1.1. WORK ORDER No. 5 - PROFESSIONAL SERVICES TO KIMLEY-HORN &
ASSOCIATES, INC. FOR THE ACID TANK REPLACEMENT SOUTHRO
WATER TREATMENT PLANT (AMENDMENT #1)
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unammously approved
and authorized the Chairman to execute Amendment No. 1
to Work Order No. 5 to Kimley-Horn & Associates, Inc.,
in the amount of $5,500.00, as recommended in the
memorandum of June 17, 2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 2, 2013 21
BK144 PC 034
12.12. APPROVAL OF AMENDMENT NO.2 TO WORK ORDER NO.1 WITH
ATKINS, INC. FOR ENGINEERING SERVICES TO DESIGNIMPROVEMENTS
FOR MISCELLANEOUS DETERIORATED CLARIFIER STRUCTURES AT THE
WEST REGIONAL WASTEWATER TREATMENT FACILITY
ON MOTION by Commissioner Solan, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and authorized the Chairman to execute Amendment No. 2
to Work Order No. 1 with Atkins North America (ANA)
in the amount of $11,600.00, as recommended in the
memorandum of June 20, 2013.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.3. WORK ORDER No. GKE-3 WITH G.K. ENVIRONMENTAL, INC. TO
ASSIST THE COUNTY WITH MAINTAINING DEVELOPED WETLANDS AT THE
LOST TREE ISLANDS
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
and authorized the Chairman to execute Work Order No.
GKE-3 with G.K. Environmental, Inc., in the amount of
$43,760.00, as recommended in the memorandum of June
20, 2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
144 PG 035
July 2, 2013 22
12..1.4. APPROVAL FOR RETAINING THE UTILITIES DEPARTMENT LABOR
CONTRACTOR TO CONSTRUCT WATER MAIN LOOP EXTENSIONS SOUTH OF
OSLO RD. AND APPROVAL OF WORK AUTHORIZATION Na 2012-003 TO
MELVIN BUSH CONSTRUCTION, INC., UCP 4101, WIPNo. 471-169000-
13525
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously: (1)
approved the amount of $61 000.00 for Utility Project No.
4101; (2) approved using the Utility Department Labor
Contractor to install the two water main loops; and (3)
approved and authorized the Chairman to execute Work
Authorization No. 2012-003 to Melvin Bush Construction,
Inc., for an amount of $37,000.00 for labor.
WORK AUTHORIZATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a recess at 11:55 a.m., and reconvened the meeting at 12:18 p.m.,
with all members present.
13. COUNTY ATTORNEY MATTERS
13.A. REQUEST FOR ATTORNEY-CLIENT SESSION IN INDIAN RIVER COUNTY V.
TURNER CONSTRUCTION COMPANY, ET AL, CIRCUIT COURT, INDIAN
RIVER COUNTY CASE # 312011CA002999
Attorney Polackwich requested that the Board schedule a closed attorney-client session at
10:30 a.m. on July 9, 2013, regarding the Indian River County v. Turner Construction Company,
et al pending litigation relating to the roofs of the County Administration Buildings A and B. He
July 2, 2013 23
6K 14 4 PG a3<j
advised that although the new County Attorney, Dylan Reingold, would be sitting on the dais on
July 9th, he (Attorney Polackwich) would be attending the shade session.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
to hold a closed Attorney -Client Session on July 9, 2013
at 10:30 a.m., in the County Commissioners' Conference
Room, as requested in the memorandum of June 21, 2013.
Attorney Reingold thanked the Board and expressed his enthusiasm for the opportunity to
work as County Attorney.
13. B. REVISION OF HOLMAN STADIUM USE GUIDELINES
Attorney Polackwich discussed the arrangement between Verotown, LLC and the
County, wherein Verotown leases the facility known as the Vero Beach Sports Village (f/k/a
Dodgertown), and the County is allowed use of the facility 10 days per year. He observed that
the County normally rents the facility out for that duration to organizations that hold fundraisers
onsite. Since those groups have repeatedly requested a waiver of the alcohol prohibition in the
rental agreement (the Holman Stadium Use Agreement), staff recommends eliminating that
alcohol prohibition at said fundraisers, along with other minor changes to the use agreement.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
the proposed, revised Indian River County Holman
Stadium Use Guidelines, as presented on pages 311
through 315, and as recommended in the memorandum of
June 19, 2013.
BK 144 PG 037
July 2, 2013 24
13. C. FERTILIZER ORDINANCE
Attorney Polackwich provided background on the Board's decision to not adopt a
fertilizer ordinance in 2012, at which time the Indian River Lagoon was not on the list of nutrient
impaired water bodies. He relayed that at the time, the Board opted to pursue other restoration
strategies; however, the Flonda Department of Environmental Protection (FDEP) has now
designated the Indian River Lagoon as nutrient impaired, and the County is statutorily required
to adopt either the FDEP's Model Ordinance For Florida -Friendly Use of Fertilizer on Urban
Landscapes (Model Ordinance), or a more stringent law.
Commissioner O'Bryan spoke to the necessity of including an enforcement component in
whatever fertilizer ordinance the Board adopts, and suggested creating a specific code
enforcement position for that purpose. He remarked on the importance of education in the
proper use of fertilizer, and said that part of the Model Ordinance is that all commercial
applicators of fertilizer must receive certification in Best Management Practices before obtaining
a Local Business Tax Certificate.
A lengthy and detailed discussion followed as the Board debated whether enforcement
was necessary, and if so, which County department should assume the responsibility.
Vice Chairman Davis felt the task should fall to the Stormwater Division of the Public
Works Department, or to the Agricultural Extension Services Department.
Commissioner O'Bryan suggested creating a split position through Code Enforcement.
Chairman Flescher opined that one additional County employee would not prevent
violation of the ordinance, and suggested having an evaluation period before a position is
created.
July 2, 2013 25
BK
44 PG 038
Further discussion ensued, with input from County Administrator Joseph Baird, regarding
which department should handle the enforcement duties. Suggestions were made to use the
Stormwater crew, or the Environmental Control Officer.
Commissioner O'Bryan pointed out that even though the professional landscapers will be
required to have certification, no one is monitoring whether or not they do.
Commissioner Zorc proposed having one Code Enforcement Officer responsible for
checking for proper licensing of both contractors and professional fertilizer applicators. He also
affirmed the need to adopt the Model Ordinance at this time, after which the Board can explore
how to maximize the law's effectiveness.
Commissioner Solan mentioned the need to address the unlicensed applicators in the
County. He liked Commissioner Zorc's concept of sharing one enforcement officer who could
check for proper licenses, and in the area of the fertilizer ordinance, segue more towards
education as more applicators come into compliance.
The following public speakers expressed their desire to see the health of the Lagoon
restored; offered assistance with revitalization efforts; proffered suggestions for the proposed
ordinance; and advocated for the Board to adopt a more stringent law than the Model Ordinance.
Richard Baker, President, Pelican Island Audubon Society
John Burns, 1811 East Sandpointe Place, representing South Beach Homeowners
Association
Nancy Higgs, 7860 Casuarina Drive, South Melbourne Beach
Sharon Kolor, 545 Honeysuckle Lane, representing environmentalist Diane Morgan
Brian Carman, 1190 Ansley Avenue SW, representing the Indian River Neighborhood
Association (IRNA), and himself as an individual, read a prepared statement (copy on file)
Susan Boyd, 8025 24th Street
BK 144 PG 039
July 2, 2013 26
Judy Orcutt, 4665 Pebble Bay South, pointed out that the Model Ordinance refers to the
Institute of Food and Agricultural Sciences (IFAS), Best Management Practices, which most
people will not bother to read, and asked the Board to craft its fertilizer ordinance with clear and
simple language.
The following lawn professionals attested that their companies are already following Best
Management Practices and they explained what is needed nutrient -wise, to keep the turf healthy.
They urged the Board to not incorporate into the ordinance a blackout period prohibiting
fertilizer application (adopted in several counties), and to adopt the FDEP's Model Ordinance,
not a stronger version.
Ted Waters, representing TruGreen
Ian Rodriguez, Technical Director, ValleyCrest Landscape Companies
Craig Weyandt, 151 35th Square SW, representing the Green Industry
Herb Whittall, Vero Isles, noted that only about 50% of the nitrogen is retained in the
soil; the remainder ends up in the Lagoon.
The Chairman called a recess at 2:12 p.m., and convened the meeting at 2:19 p.m., with
all members present.
Greg Pheneger, 607 Cypress Road, spoke about a University of Florida study done by
Drs. Bryan Unruh and Laurie Trenholm, which shows that proper fertilization does not leach or
cause problems. He also spoke to the importance of soil testing to determine whether an
application of fertilizer is necessitated.
Discussion ensued on the two types of tests that are used on turf grasses to determine
nutrient levels - regular soil testing and tissue cultures.
The Board, with input from Administrator Baird, continued to discuss the problem of
unlicensed applicators, the best way to handle enforcement of the ordinance, and the need to
July 2, 2013 27
BK 144 PG 040,,,,
educate applicators and homeowners about the law. The Board also debated whether to include a
"blackout" clause in ordinance.
Mrs. Orcutt relayed that there are several classes in Port St Lucie offered by the
Institute of Food and Agricultural Sciences (IFAS), Extension Services, University of Florida,
but none in the County at this time.
Discussion ensued about holding the public hearing for adoption of either the Model
Ordinance or a more stringent version.
Attorney Polackwich advised the Board that he would have to immediately advertise the
public hearing, in order to comply with the 10 -day public notice requirement.
Chairman Flescher suggested advertising a Special Call Meeting on July 18, 2013, for the
purpose of conducting a Public Hearing on Consideration of Final Adoption of the Proposed
Fertilizer and Landscape Management Ordinance.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher, to direct the County
Attorney to advertise for a Special Call Meeting on July
18, 2013, for the purpose of conducting a Public Hearing
and considering passage of a proposed ordinance
adopting the Florida Department of Environmental
Protection Model Ordinance for Florida Friendly Use of
Fertilizer on Urban Landscapes, with minor modifications
including: (1) the addition of a compliance factor
proposed to be monitored through the Environmental
Control Board; (2) offer to all applicators of fertilizer in
the County, a training program for certification in Florida -
Friendly Best Management Practices; and (3) have staff
and stakeholders continue to gather information to
July 2, 2013 28
BK 144 PG 041
determine whether additional changes to the Model
Ordinance are required.
Administrator Baird relayed that he will be making information available to the public
about online training and classes on the Best Management Practices for fertilizer application.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
14. COMIVIISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
14.B.1. ST. JOHNS RIVER ALLIANCE APPLICATION FOR BL UE WAYDESIGNATION
REQUEST FOR LETTER OF SUPPORT
Vice Chairman Davis, Board Member of the St. Johns River Alliance, requested that the
Board send a letter of support to the Florida Department of Environmental Protection (FDEP)
Office of Greenways and Trails (OGT), asking for the St. Johns River to be designated as a
paddling trail and part of the State's Blueway System.
July 2, 2013
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute a letter of support to
the Florida Department of Environmental Protection, on
behalf of the St. Johns River Alliance, requesting that the
St. Johns River be designated as a paddling trail and part
of the State's Blueway System, as requested in the
memorandum of July 2, 2013.
29
'144 PG 042
LETTER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. C. COMMISSIONER PETER D. O'BRYAN- NONE
14.D. COMMISSIONER BOB SOLARI
14.111. ROAD AND BRIDGE WORKERS
Commissioner Solari read an email from Charles Searcy commending members of the
County's Road and Bridge crew on their excellent maintenance of the roadways and medians on
State Road 60 near I-95. He (Commissioner Solari) expressed his appreciation for the road
crews, who do an excellent job in challenging weather (extreme heat) and keep the County
looking nice for visitors and citizens.
14.E. COMMISSIONER TIMZORC
14.E.1. SPECIAL FUNDING FOR ECONOMIC DEVELOPMENT PROMOTION
Commissioner Zorc presented his economic development proposal to designate funds that
the County Commission could use for welcoming site selectors or businesses ("clients")
considering a move to the County. He stated that a unique branding could be done on items that
are preferably reusable, such as personalized welcome signs at entry points around the County (if
the client is ready for public recognition). He stressed that potential businesses want to be
certain of their welcome, and that a positive message from the local government could be the
determining factor in a company's decision on where to build their business.
Chairman Flescher pointed out that the Economic Development Council (EDC) has a
separate budget specifically used for these types of events.
Commissioner Zorc responded that his concept is to promote the County Government
structure and apparatus as supporting the client.
81( 144 PG 043
July 2, 2013 30
Vice Chairman Davis agreed that in terms of economic development strategy, it would be
a positive move for the leadership of the local government to welcome the prospective business.
MOTION WAS MADE by Vice Chairman Davis to
designate special funding to welcome and promote a site
selection company that is visiting the County on behalf of
a specific company or the representatives of a specific
company. MOTION DIED for lack of a SECOND.
Penny Chandler, Indian River County Chamber of Commerce (the Chamber), discussed
past welcomes that were orchestrated by the Chamber, and noted that a client does not always
want to go public initially. She affirmed that the entire staff of the Chamber is willing and able
to help with economic development.
Commissioner Zorc stressed that once a company does go public, he wants them to know
that the County government is eager to accommodate their needs.
Vice Chairman Davis observed that what Commissioner Zorc is looking for is a
hospitality package from the entire Board. It is the five Commissioners saying "Welcome to
Indian River County, and thank you for coming!"
Commissioner O'Bryan suggested adding a line item in the EDC budget for County
Government promotion of client visits.
Chairman Flescher observed that placing welcoming signs around the County will not be
the factor that draws companies to the area. He stated that the EDC and Chamber are already in
place and capable of getting things done.
Commissioner Solari maintained that the Board should reconsider this matter after it is
vetted by the EDC.
BK 144 PG 0:44;
July 2, 2013 31
Commissioner Zorc replied that he preferred to withdraw and repackage his item. He
disclosed that he is trying to model a plan after the State of Texas, where economic development
is booming, and that he will bring further details to the next County Commission meeting on July,
9, 2013.
Ms. Chandler requested that Commissioner Zorc discuss his initiative with Chamber
staff, and said she would have Helene Caseltine, Economic Development Director of the
Chamber, contact him.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
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
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 3:49 p.m.
July 2, 2013 32
BI( 144 PG 045
ATTEST:
erk of Circuit Court and Comptroller
Minutes Approved: AUG 2 0 2013
BCC/MG/2013Minutes
July 2, 2013 33
oseph E Flescher, Chairman
MK X44 PG 0.46