HomeMy WebLinkAbout08/20/2013 (3)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, AUGUST 20, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Wesley S Davis, Vice Chairman
Peter D. O'Bryan
Bob Solari
Tim Zorc
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
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
Stan Boling, Planning Director
Commissioner Tim Zorc
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Proclamation and Retirement Award Honoring Mary T. Hightower on Her
Retirement from Indian River County Board of County Commission
Department of General Services/Parks Division with Thirty -Five Years
Service
August 20, 2013
PAGE
BK 144 PG 158
Page 1 of 12
5. PROCLAMATIONS and PRESENTATIONS PAGE
B. There is no Bern SB
C. Presentation of Proclamation Recognizing August 11 Through August 17,
2013 as National Health Center Week 5
D. Presentation of Proclamation Designating the Month of September, 2013 as
Ovarian Cancer Awareness Month 6
Presentation of Proclamation Recognizing September 19, 2013 as It Can
Wait National Day of Action 7
6. APPROVAL OF MINUTES
A. Regular Meeting of July 2, 2013
B. Regular Meeting of July 9, 2013
C. Regular Meeting of July 16, 2013
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Town of Indian River Shores 2013/2014 Committee Appointments
(memorandum dated July 19, 2013)
8-9
B. Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with
the Clerk of the Circuit Court prior to January 1, 2012 is on file in the office
of the Clerk to the Board
C. Biennial Report of Indian River County Entrance Fees and Expenses for the
Sebastian Inlet State Park is on file in the office of the Clerk to the Board
D. Vero Lakes Water Control District General Fund Budget for the year ending
September 30, 2014 is on file in the office of the Clerk to the Board
8. CONSENT AGENDA
A. Approval of Warrants — July 4, 2013 to July 11, 2013
(memorandum dated July 11, 2013)
10-17
BK 144 PG 159
August 20, 2013 Page 2 of 12
8. CONSENT AGENDA PAGE
B. Approval of Warrants — July 12, 2013 to July 18, 2013
(memorandum dated July 18, 2013) 18-26
C. Approval of Warrants — July 19, 2013 to July 25, 2013
(memorandum dated July 25, 2013) 27-34
D. Approval of Warrants — July 26, 2013 to August 1, 2013
(memorandum dated August 1, 2013) 35-43
E. Approval of Warrants — August 2, 2013 to August 8, 2013
(memorandum dated August 8, 2013) 44-49
F. Dori Slosberg Driver Education Safety Act Indian River County Traffic
Education Program Trust Fund
(memorandum dated July 26, 2013)
50-51
G. Quarterly Summary Report for Assessment of Additional Court Costs for
Quarter Ending 06/30/13
(memorandum dated July 26, 2013)
52-55
H. Quarterly OPEB Trust Report for Quarter Ending 06/30/13
(memorandum dated July 26, 2013) 56-58
I. Quarterly Investment Report for Quarter Ending 06/30/2013
(memorandum dated July 26, 2013) 59-71
J. Request from Indian River County Supervisor of Elections, Leslie R. Swan,
for Adoption of a Proposed Resolution Regarding a Change in Procedure
Requiring Electronic Filing of Campaign Finance Reports
(letter dated July 31, 2013)
72-82
K. Request from Indian River County Tax Collector, Carole Jean Jordan CFC,
that the Board of County Commission Order the Tax Roll to be Extended
Prior to Completion of the Value Adjustment Board Hearings
(memorandum dated August 12, 2013)
L. Application for Board of County Commissioner Appointee to the Children's
Services Advisory Committee (CSAC)
(memorandum dated July 25, 2013)
M. Out of County Travel to attend the 2013-14 Florida Association of Counties
Legislative Conference
(memorandum dated July 27, 2013)
83-84
85-89
90-91
BK 144PG160
August 20, 2013 Page 3 of 12
8. CONSENT AGENDA PAGE
N. Out of County Travel to attend the Florida Association of Counties Policy
Committee Conference
(memorandum dated August 9, 2013) 92-94
O. Resolution Formally Designating a Portion of County Owned Property
Along Oslo Road to 2e Avenue as Right -of -Way
(memorandum dated August 6, 2013)
P. Resolution Cancelling Taxes on Property Acquired by the City of Sebastian
to Become Part of the City's Park System
(memorandum dated August 5, 2013)
95-99
100-117
Q. Resolutions Canceling Taxes on Properties Acquired by the City of
Fellsmere for the Benefit of the Municipal Water System
(memorandum dated August 6, 2013)
R. There is No Item 8R - it was Moved to Presentations 5A
118-137
S. Pulte Group's (DiVosta Homes) Request to Modify the Waterway Village
DRI Development Order to Require Biennial rather than Annual Project
Status Reports
(memorandum dated August 1, 2013)
T. Resolution Requesting Funding Assistance from State of Florida Beach
Erosion Control Program — FY 2014/15
(memorandum dated August 6, 2013)
U. Right -of -Way Acquisition: 5480 85th Street, Sebastian, Fl 32958, Project
Parcels #424, #724, Seller: St. Sebastian Conference of St. Vincent DePaul
Society, Inc
(memorandum dated August 8, 2013)
140-153
154-155
156-171
V. Right -of -Way Acquisition: 4650 85th Street, 4695 86th Place and 4595 87th
Street, Project Parcels #772, #473, #773, #474, # 774, and #874, Seller: 510,
LLC
(memorandum dated August 8, 2013)
W. Approval of the CERT (Community Emergency Response Team) Public
CPR & AED Training Classes and Equipment
(memorandum dated August 9, 2013)
172-211
212-214
BM 144 PG I 6 I
August 20, 2013 Page 4 of 12
8. CONSENT AGENDA PAGE
X. Request to Approve a Memorandum of Engagement with Lamb and Lerch
for Foreign Trade Zone Consultant Services
(memorandum dated August 5, 2013) 215-218
Y. State Aid Application/Agreement
(memorandum dated August 7, 2013) 219-226
Z. Rejection of Bids for IRC Bid No. 2013045 — South County RO Acid Tank
Replacement
(memorandum dated August 12, 2013)
227-234
AA. Request for Ratification of an Indian River County Board of County
Commissioners and the Florida Housing Finance Corporation Agreement for
Tenant Based Rental Assistance that was Executed by County Administrator
Joseph Baird During the Board's Summer Recess
(memorandum dated August 5, 2013)
235-266
BB. Request for Approval of a revised Technical Assistance Grant Agreement
between the Department of Economic Opportunity (DEO) and Indian River
County
(memorandum dated August 7, 2013)
267-312
CC. Right -of -Way Acquisition, 8570 US Highway 1, Sebastian Fl 32958,
Project Parcel #468, Seller: Charles W. Carneal, Jr. (deceased 9/28/11) c/o
Carolyn Wendell Markey, Personal representative of the estate of Charles
Wendell Carneal, Jr.
(memorandum dated August 8, 2013)
313-321
DD. Grand Harbor North Project, Proposed Wetland Treatment System,
Preliminary Plan and Analysis
(memorandum dated August 14, 2013)
322-330
EE. Approval of Lease Agreement with Indian River Sports Complex, Inc. for
Use of 16th Street Ball Fields
(memorandum dated July 25, 2013)
331-345
FF. Change Order No. 2, Old Dixie Highway Sidewalk from 8th Street to SR 60,
IRC Project No. 1102, Bid No. 2012052
(memorandum dated August 2, 2013)
346-351
GG. Selection of Continuing Professional Surveying and Mapping Services
RFQ# 2013043 — IRC Project No 1333
(memorandum dated August 9, 2013)
352-353
144 PG 162
August 20, 2013 Page 5 of 12
8. CONSENT AGENDA PAGE
HH. F.D.O.T. Small County Outreach Program (SCOP) Agreement and
Resolution Authorizing the Chairman's Signature for Construction
(Resurfacing) and Construction Engineering Inspection (CEI) Services of
Indian River Boulevard from SR-5/US1 to SR-656/17th Street, IRC Project
No. 1302 FM No. 433067-1-58-01
(memorandum dated August 1, 2013) 354-372
II. Amendment No. 1 to Work Order No. 1 Dunkelberger Engineering and
Testing, Inc for 66th Avenue Roadway Improvements — Phase 2 (4th Street
to 16th Street) IRC Project No. 9810B
(memorandum dated August 9, 2013)
373-378
JJ. Selection of Continuing Environmental and Biological Support Services for
Civil and Environmental Engineering Projects RFQ# 2013044 IRC Project
No. 1334
(memorandum dated August 7, 2013)
KK. Amendment No. 4 to Work Order No. 1 — G.K. Environmental, Inc., Oslo
Road Boat Ramp, IRC Project No. 0381
(memorandum dated August 9, 2013)
379-380
381-385
LL. Approval of Lease Agreement with Indian River Lacrosse Association, Inc
(memorandum dated August 1, 2013) 386-396
MM. 26th Street Advance Acquisition of Right -of -Way — 2605 47th Avenue
(memorandum dated August 13, 2013) 397-412
NN. 26th Street Advance Acquisition of Right -of -Way — 5020 26th Street
(memorandum dated August 13, 2013) 413-428
00. Conveyance of a Modified Perpetual Easement to Florida Department of
Transportation for new U.S. 1 South County Bridge
(memorandum dated August 13, 2013)
429-438
PP. Miscellaneous Budget Amendment 023
(memorandum dated August 14, 2013) 439-444
QQ.
Amendment No. 1 to Indian River County South County Regional Park
Intergenerational Recreation Facility Professional Civil Engineering and
Architectural Services Consultant Agreement RFQ No. 2012024 — IRC
Prod ect No 1135
(memorandum dated August 13, 2013)
445-451
BK 144 P6163
August 20, 2013 Page 6 of 12
8. CONSENT AGENDA PAGE
RR. Request for Satisfaction of Code Enforcement Lien at 1776 Cypress Lane,
Seagrove Subdivision
(memorandum dated August 14, 2013) 452-460
SS. Proclamation and Retirement Award Honoring Alan K. Wheatley on His
Retirement from Indian River County Board of County Commissioners
Department of Utility Services/Wastewater Collection with Nineteen Years
Service
TT. Presentation of Proclamation and Retirement Award Honoring Greg Hall on
His Retirement from Indian River County Board of County Commissioners
Department of Public Works Road & Bridge Division with Thirty Seven
Years Service
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Indian River County Supervisor of Elections — Leslie R. Swan
Request for Certification that the Board of County Commissioners Will
Provide Matching Funds for the Federal Election Activities Grant for FY
2013-2014
(letter dated July 30, 2013)
461-464
B. Indian River County Sheriff — Deryl Loar
1. Expenditure from the Criminal and Sex Offender Registrant Fee
Account
(letter dated July 30, 2013)
465-495
2. Request for Budget Amendment that Proceeds from Auction of
Surplus Property and Vehicles Be Used to Acquire Like -Kind
Property
(letter dated August 12, 2013)
496
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. County Initiated Request to Redesignate + 70 Acres from C-2,
Conservation -2 (up to 1 unit/40 acres), and L-2, Low -Density
Residential -2 (up to 6 units/acre), to C-1, Conservation -1 (Zero
Density), and Rezone those ± 70 Acres from RS -6 Single -Family
Residential District (up to 6 units/acre), and RS -1, Single Family
Residential District (up to 1 unit/acre) to Con -1, Conservation -1
District (zero density)
(memorandum dated August 4, 2013)
Legislative
497-513
BK 144 PG 164
August 20, 2013 Page 7 of 12
10. PUBLIC ITEMS PAGES,
A. PUBLIC HEARINGS
2. Consideration of Proposed Land Development Regulation (LDR)
Amendment to Section 911.15(1)(d), West County Industrial Park
Height Exception
(memorandum dated July 15, 2013)
Legislative
3. Providence Pointe 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 Planned Development
Plan Approval For a Project to be Known as Providence Pointe
(memorandum dated July 31, 2013)
Legislative
514-526
527-583
4. Proposed Fertilizer and Landscape Management Ordinance, Public
Hearing/Consideration of Final Adoption
(memorandum dated August 8, 2013)
584-595
Legislative
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from B. J. McClure, Attorney for Indian River
Aerodrome Property Owners Association (IRAPOA) Regarding
Termination of IRAPOA Water Project UCP -4100
596-628
2. Request to Speak from Jim Davis Regarding Indian River
Aerodrome Water Project No. UCP -4100 Reinstatement of Estimate
Study for County Water
629
3. Request to Speak from Ardra and Bill Rigby Regarding Equality
and Affirmative Opportunity 630
4. Request to Speak from Neal Abarbanell Regarding Long to be
resolved problems regarding County Code Enforcement's and
Public Safety's failure to address/selection policies and rules in
rural area of Indian River County
631
5. Request to Speak from Charles Wilson Regarding Depositing
Money with the County 632
8K 144 PG 165
August 20, 2013 Page 8 of 12
10. PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
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 (NSPC)
Community Development Block Grant (CDBG) Programmatic
Services and Amended and Re -Stated NSP3 Single -Family
Purchase, Redevelopment and Sales Program Manual
(memorandum dated August 12, 2013)
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
E Human Services
None
F. Leisure Services
None
633-640
G. Office of Management and Budget
1. Recreational Revenue Refunding Bonds, Series 2003, Approval of
Resolution for Early Payoff
(memorandum dated August 9, 2013)
641-646
144PG166
August 20, 2013 Page 9 of 12
12. DEPARTMENTAL MATTERS PAGE
G. Office of Management and Budget
2. Spring Training Facility Revenue Bonds, Series 2001 Approval of
Resolution for Partial Early Payoff Budget Amendment 024
(memorandum dated August 7, 2013)
H.
I.
Recreation
None
Public Works
None
647-654
J. Utilities Services
1. Evaluation of Receiving TMDL Credits for Past Projects
(memorandum dated August 9, 2013) 655-661
2. Sewer Feasibility Study for the North Sebastian Area — UCP 4101
(memorandum dated August 9, 2013)
3. Sewer Feasibility Study for the Summerplace Area — UCP 4101
(memorandum dated August 9, 2013) 670-679
662-669
13. COUNTY ATTORNEY MATTERS
A. Consideration of Purchase of Surplus State Land — Former Indian River
Correctional Institute
(memorandum dated July 26, 2013)
B. Developer Request for Additional 2 -Year Extension to Construct Required
Sidewalk Improvements
(memorandum dated August 7, 2013)
C. Approval of Expert Witness Fees for William Bethel: Parcel 108
(memorandum dated August 14, 2013)
14. COMMISSIONERS ITEMS
A. Commissioner Joseph E. Flescher, Chairman
1. Correspondence with the President of the United States
(memorandum dated August 9, 2013)
680-681
682-683
684-696
697-699
2. City of Vero Beach Electric Sale to Florida Power & Light (FPL)
(memorandum dated August 9, 2013)
fig tot PG 167
700
August 20, 2013 Page 10 of 12
14. COMMISSIONERS ITEMS PAGE
B. Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Peter D. O'Bryan
1. Florida Atlantic University Relations Internship Program
(memorandum dated August 12, 2013) 701-702
D. Commissioner Bob Solari
1. Fellsmere and the Enterprise Zone
(memorandum dated August 5, 2013) 703-706
E. Commissioner Tim Zorc
1. Lobbyist Registration
(memorandum dated August 14, 2013) 707
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
1. Approval of Minutes Meeting of June 18, 2013
B.
2. City of Fellsmere Fire Marshal's Office
(memorandum dated August 6, 2013) 708-719
Solid Waste Disposal District
1. Approval of Minutes Meeting of June 11, 2013
2. Approval of Minutes Meeting of June 18, 2013
3. Final Pay for Amendment No. 2 to Republic Services for Landfill
Ditch Enhancement Project
(memorandum dated August 13, 2013)
720-727
4. Sixth Amendment to SWDD Feedstock Supply Agreement with
INPB
(memorandum dated August 14, 2013)
C. Environmental Control Board
None
728-730
BK 14 4 PG 16 8
August 20, 2013 Page 11 of 12
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 Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5.00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5.00 p.m.
BK 144 PG 169
August 20, 2013 Page 12 of 12
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
AUGUST 20, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
MOVE 10.A.4. PROPOSED FERTILIZER AND LANDCAPE MANAGEMENT
ORDINANCE, PUBLIC HEARING, CONSIDERTION OF FINAL ADOPTION TO
FOLLOW ITEM 14.D.1 2
DELETE: ITEM 10.B.4. REQUEST TO SPEAK FROM NEAL ABARBANELL 2
REGARDING LONG TO BE RESOLVED PROBLEMS REGARDING COUNTY CODE
ENFORCEMENT'S AND PUBLIC SAFETY'S FAILURE TO ADDRESS/SELECTION
POLICIES AND RULES IN RURAL AREA OF INDIAN RIVER COUNTY 2
MOVE: ITEM 14.A.2. CITY OF VERO BEACH ELECTRIC SALE TO FLORIDA
POWER & LIGHT (FPL) TO FOLLOW ITEM 8.TT. 2
DELETE: ITEM 14 E 1 LOBBYIST REGISTRATION 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PROCLAMATION AND RETIREMENT AWARD HONORING MARY T. HIGHTOWER
ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
August 20, 2013 1
Bk 144PG170
5.B.
5.C.
5.D.
5.E.
COMMISSION DEPARTMENT OF GENERAL SERVICES/PARKS DIVISION WITH
THIRTY-FIVE YEARS SERVICE 2
THERE IS NO ITEM 5.B 3
P RESENTATION OF PROCLAMATION RECOGNIZING AUGUST 11 THROUGH
AUGUST 17, 2013 AS NATIONAL HEALTH CENTER WEEK 3
P RESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER,
2013 AS OVARIAN CANCER AWARENESS MONTH 3
P RESENTATION OF PROCLAMATION RECOGNIZING SEPTEMBER 19, 2013 As IT
CAN WAIT NATIONAL DAY OF ACTION 3
6. APPROVAL OF MINUTES 4
6.A. REGULAR MEETING OF JULY 2, 2013 4
6.B. REGULAR MEETING OF JULY 9, 2013 4
6.C. REGULAR MEETING OF JULY 16, 2013 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. TOWN OF INDIAN RIVER SHORES 2013/2014 COMMITTEE APPOINTMENTS 4
7.B. PROOF OF PUBLICATION OF UNCLAIMED MONIES FOR CASH BONDS DEPOSITED
WITH THE CLERK OF THE CIRCUIT COURT PRIOR TO JANUARY 1, 2012 IS ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD 4
7.C. BIENNIAL REPORT OF INDIAN RIVER COUNTY ENTRANCE FEES AND EXPENSES
FOR THE SEBASTIAN INLET STATE PARK IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD 4
7.D. VERO LAKES WAFER CONTROL DISTRICT GENERAL FUND BUDGET FOR THE
YEAR ENDING SEPTEMBER 30, 2014 IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD 5
8. CONSENT AGENDA
8.A.
8.B.
8.C.
8.D.
APPROVAL OF WARRANTS - JULY 4, 2013 TO JULY 11, 2013
APPROVAL OF WARRANTS - JULY 12, 2013 TO
APPROVAL OF WARRANTS - JULY 19, 2013 TO
APPROVAL OF WARRANTS - JULY 26, 2013 TO
August 20, 2013
2
JULY 18, 2013
JULY 25, 2013
AUGUST 1, 2013 6
5
5
5
6
BK 144 PG 171
8 E APPROVAL OF WARRANTS - AUGUST 2, 2013 TO AUGUST 8, 2013 6
8.F. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND 7
8.G. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS FOR QUARTER ENDING 06-30-13 7
8.11. QUARTERLY OPEB TRUST REPORT FOR QUARTER ENDING 06-30-13 7
8.I. QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING 06-30-2013 8
8.J. REQUEST FROM INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS, LESLIE R.
SWAN, FOR ADOPTION OF A PROPOSED RESOLUTION REGARDING A CHANGE IN
P ROCEDURE REQUIRING ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS 8
8.K. REQUEST FROM INDIAN RIVER COUNTY TAX COLLECTOR, CAROLE JEAN
JORDAN, CFC, THAT THE BOARD OF COUNTY COMMISSION ORDER THE TAX
ROLL TO BE EXTENDED PRIOR TO COMPLETION OF THE VALUE ADJUSTMENT
BOARD HEARINGS 9
8.L. APPLICATION FOR BOARD OF COUNTY COMMISSIONER APPOINTEE TO THE
CHILDREN'S SERVICES ADVISORY COMMITTEE (CSAC) 9
8.M. OUT OF COUNTY TRAVEL TO ATTEND THE 2013-14 FLORIDA ASSOCIATION OF
COUNTIES LEGISLATIVE CONFERENCE 10
8.N. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF COUNTIES
P OLICY COMMITTEE CONFERENCE 10
8.0. RESOLUTION FORMALLY DESIGNATING A PORTION OF COUNTY OWNED
P ROPERTY ALONG OSLO ROAD TO 20TH AVENUE AS RIGHT-OF-WAY 10
8.P. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED BY THE CITY OF
SEBASTIAN TO BECOME PART OF THE CITY'S PARK SYSTEM 11
8.Q. RESOLUTIONS CANCELING TAXES ON PROPERTIES ACQUIRED BY THE CITY OF
FELLSMERE FOR THE BENEFIT OF THE MUNICIPAL WATER SYSTEM 11
8.R. ITEM 8.R. WAS MOVED TO ITEM 5.A PRESENTATIONS 12
8.S. PULTE GROUP'S (DIVOSTA HOMES) REQUEST TO MODIFY THE WATERWAY
VILLAGE DRI DEVELOPMENT ORDER TO REQUIRE BIENNIAL RATHER THAN
ANNUAL PROJECT STATUS REPORTS 12
8.T. RESOLUTION REQUESTING FUNDING ASSISTANCE FROM STATE OF FLORIDA
BEACH EROSION CONTROL PROGRAM - FY 2014-15 12
August 20, 2013 3
SK 144 PG 172
8.U. RIGHT-OF-WAY ACQUISITION: 5480 85TH STREET, SEBASTIAN, FL 32958,
P ROJECT PARCELS #424, #724, SELLER: ST. SEBASTIAN CONFERENCE OF ST.
VINCENT DEPAUL SOCIETY, INC. 13
8.V. RIGHT-OF-WAY ACQUISITION: 4650 85" STREET, 4695 86TH PLACE AND 4595
87TH STREET, PROJECT PARCELS #772, #473, #773, #474, # 774, AND #874,
SELLER: 510, LLC 13
8.W. APPROVAL OF THE CERT (COMMUNITY EMERGENCY RESPONSE TEAM) PUBLIC
CPR & AED TRAINING CLASSES AND EQUIPMENT 14
8.X. REQUEST TO APPROVE A MEMORANDUM OF ENGAGEMENT WITH LAMB AND
LERCH FOR FOREIGN TRADE ZONE CONSULTANT SERVICES 14
8.Y. STATE AID APPLICATION/AGREEMENT 14
8 Z REJECTION OF BIDS FOR IRC BID No. 2013045 - SOUTH COUNTY RO ACID
TANK REPLACEMENT 15
8AA. REQUEST FOR RATIFICATION OF AN INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE FLORIDA HOUSING FINANCE CORPORATION
AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE THAT WAS EXECUTED
BY COUNTY ADMINISTRATOR JOSEPH BAIRD DURING THE BOARD'S SUMMER
RECESS 15
8.BB. REQUEST FOR APPROVAL OF A REVISED TECHNICAL ASSISTANCE GRANT
AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO)
AND INDIAN RIVER COUNTY 16
8.CC. RIGHT-OF-WAY ACQUISITION, 8570 US HIGHWAY 1, SEBASTIAN, FL 32958,
P ROJECT PARCEL #468, SELLER: CHARLES W. CARNEAL, JR. (DECEASED
9/28/11) C/O CAROLYN WENDELL MARKEY, PERSONAL REPRESENTATIVE OF
THE ESTATE OF CHARLES WENDELL CARNEAL, JR. 16
8.DD. GRAND HARBOR NORTH PROJECT, PROPOSED WETLAND TREATMENT SYSTEM,
P RELIMINARY PLAN AND ANALYSIS 17
8.EE. APPROVAL OF LEASE AGREEMENT WITH INDIAN RIVER SPORTS COMPLEX, INC.
FOR USE OF 16TH STREET BALL FIELDS 17
8.FF. CHANGE ORDER No. 2 OLD DIXIE HIGHWAY SIDEWALK FROM 8TH STREET TO
SR 60, IRC PROJECT No. 1102, BID No. 2012052 19
8.GG. SELECTION OF CONTINUING PROFESSIONAL SURVEYING AND MAPPING
SERVICES RFQ# 2013043 - IRC PROJECT No. 1333 19
IK 144 PG 173
August 20, 2013 4
8.1111. F.D.O.T. SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT AND
RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE FOR CONSTRUCTION
(RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI)
SERVICES OF INDIAN RIVER BOULEVARD FROM SR-5/US1 TO SR-656/17TH
STREET, IRC PROJECT No. 1302 FM No. 433067-1-58-01 20
8.II. AMENDMENT No. 1 TO WORK ORDER NO. 1, DUNKELBERGER ENGINEERING
AND TESTING, INC. FOR 66TH AVENUE ROADWAY IMPROVEMENTS - PHASE 2
(4TH STREET TO 16TH STREET) IRC PROJECT No. 9810B 21
8.JJ. SELECTION OF CONTINUING ENVIRONMENTAL AND BIOLOGICAL SUPPORT
SERVICES FOR CIVIL AND ENVIRONMENTAL ENGINEERING PROJECTS RFQ#
2013044 IRC PROJECT No. 1334 21
8.KK. AMENDMENT NO. 4 TO WORK ORDER No. 1 - G.K. ENVIRONMENTAL, INC.,
OSLO ROAD BOAT RAMP, IRC PROJECT NO. 0381 22
8.LL APPROVAL OF LEASE AGREEMENT WITH INDIAN RIVER LACROSSE
ASSOCIATION, INC. 22
8.MM. 26TH STREET ADVANCE ACQUISITION OF RIGHT-OF-WAY - 2605 47TH AVENUE 24
8.NN. 26TH STREET ADVANCE ACQUISITION OF RIGHT-OF-WAY - 5020 26TH STREET 24
8.00. CONVEYANCE OF A MODIFIED EASEMENT TO FLORIDA DEPARTMENT OF
TRANSPORTATION FOR NEW U.S. 1 SOUTH COUNTY BRIDGE 25
8.PP. MISCELLANEOUS BUDGET AMENDMENT 023 26
8.QQ. AMENDMENT NO. 1 TO INDIAN RIVER COUNTY SOUTH COUNTY REGIONAL
PARK INTERGENERATIONAL RECREATION FACILITY PROFESSIONAL CIVIL
ENGINEERING AND ARCHITECTURAL SERVICES CONSULTANT AGREEMENT
RFQ No. 2012024 - IRC PROJECT No. 1135 26
8.RR REQUEST FOR SATISFACTION OF CODE ENFORCEMENT LIEN AT 1776 CYPRESS
LANE, SEAGROVE SUBDIVISION 26
8.SS. PROCLAMATION AND RETIREMENT AWARD HONORING ALAN K. WHEATLEY ON
HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF UTILITY SERVICES/WASTEWATER
COLLECTION WITH NINETEEN YEARS SERVICE 27
8.TT. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING GREG
HALL ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD & BRIDGE DIVISION
WITH THIRTY-SEVEN YEARS SERVICE 27
August 20, 2013 5
IX 144 PG 174
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 28
9.A. INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS - LESLIE R. SWAN 28
REQUEST FOR CERTIFICATION THAT THE BOARD OF COUNTY COMMISSIONERS
WILL PROVIDE MATCHING FUNDS FOR THE FEDERAL ELECTION ACTIVITIES
GRANT FOR FY 2013-2014 28
9.B. INDIAN RIVER COUNTY SHERIFF - DERYL LOAR 28
9.B.1. EXPENDITURE FROM THE CRIMINAL AND SEX OFFENDER REGISTRANT FEE
ACCOUNT 28
9.B.2. REQUEST FOR BUDGET AMENDMENT THAT PROCEEDS FROM AUCTION OF
SURPLUS PROPERTY AND VEHICLES BE USED TO ACQUIRE LIKE -KIND
PROPERTY 29
10. PUBLIC ITEMS 29
10.A. PUBLIC HEARINGS 29
10.A.1. COUNTY INITIATED REQUEST TO REDESIGNATE ± 70 ACRES FROM C-2,
CONSERVATION -2 (UP TO 1 UNIT/40 ACRES), AND L-2, LOW-DENSITY
RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO C-1, CONSERVATION -1 (ZERO
D ENSITY), AND REZONE THOSE ± 70 ACRES FROM RS -6 SINGLE-FAMILY
RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), AND RS -1, SINGLE FAMILY
RESIDENTIAL DISTRICT (UP TO 1 UNIT/ACRE), TO CON -1, CONSERVATION -1
D ISTRICT (ZERO DENSITY) (LEGISLATIVE) 29
10.A.2. CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION (LDR)
AMENDMENT TO SECTION 911 15(1)(D), WEST COUNTY INDUSTRIAL PARK
H EIGHT EXCEPTION (LEGISLATIVE) 31
10.A.3. PROVIDENCE POINTE 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
P LANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN (PDTND)
AND TO OBTAIN CONCEPTUAL PLANNED DEVELOPMENT PLAN APPROVAL FOR
A PROJECT TO BE KNOWN AS PROVIDENCE POINTE (LEGISLATIVE) 32
10.A.4. PROPOSED FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE, PUBLIC
HEARING/CONSIDERATION OF FINAL ADOPTION (LEGISLATIVE) 38
10.B. PUBLIC DISCUSSION ITEMS 46
BK 144 PG 175
August 20, 2013 6
10.B.1. REQUEST TO SPEAK FROM B J. MCCLURE, ATTORNEY FOR INDIAN RIVER
AERODROME PROPERTY OWNERS ASSOCIATION (IRAPOA) REGARDING
TERMINATION OF IRAPOA WATER PROJECT UCP -4100 46
10.B.2. REQUEST TO SPEAK FROM JIM DAVIS REGARDING INDIAN RIVER AERODROME
WATER PROJECT NO. UCP -4100 REINSTATEMENT OF ESTIMATE STUDY FOR
COUNTY WATER 48
10.B.3. REQUEST TO SPEAK FROM ARDRA AND BILL RIGBY REGARDING EQUALITY AND
AFFIRMATIVE OPPORTUNITY 49
10.B.4. DELETED: REQUEST TO SPEAK FROM NEAL ABARBANELL REGARDING LONG
TO BE RESOLVED PROBLEMS REGARDING COUNTY CODE ENFORCEMENT'S AND
PUBLIC SAFETY'S FAILURE TO ADDRESS/SELECTION POLICIES AND RULES IN
RURAL AREA OF INDIAN RIVER COUNTY 50
10.B.5. REQUEST TO SPEAK FROM CHARLES WILSON REGARDING DEPOSITING MONEY
WITH THE COUNTY 50
10.C. PUBLIC NOTICE ITEMS - NONE 51
11. COUNTY ADMINISTRATOR MATTERS- NONE 51
12. DEPARTMENTAL MATTERS 51
12.A. COMMUNITY DEVELOPMENT 51
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
AMENDED AND RE -STATED NSP3 SINGLE-FAMILY PURCHASE,
REDEVELOPMENT AND SALES PROGRAM MANUAL 51
12.B. EMERGENCY SERVICES - NONE 53
12.C. GENERAL SERVICES - NONE 53
12.D. HUMAN RESOURCES - NONE 53
12.E. HUMAN SERVICES - NONE 53
12.F. LEISURE SERVICES - NONE 53
12.G. OFFICE OF MANAGEMENT AND BUDGET 53
12.G.1. RECREATIONAL REVENUE REFUNDING BONDS, SERIES 2003, APPROVAL OF
RESOLUTION FOR EARLY PAYOFF
August 20, 2013 7
BK...I t.le...PG...}.7.63
12.G.2. SPRING TRAINING FACILITY REVENUE BONDS, SERIES 2001 APPROVAL OF
RESOLUTION FOR PARTIAL EARLY PAYOFF BUDGET AMENDMENT 024 54
12.H. RECREATION - NONE 54
12.I. PUBLIC WORKS - NONE 54
12.J. UTILITIES SERVICES 54
12.J.1. EVALUATION OF RECEIVING TOTAL MAXIMUM DAILY LOAD (TMDL) CREDITS
FOR PAST PROJECTS 54
12.J.2. SEWER FEASIBILITY STUDY FOR THE NORTH SEBASTIAN AREA - UCP 4101 55
12.J.3. SEWER FEASIBILITY STUDY FOR THE SUMMERPLACE AREA - UCP 4101 56
13. COUNTY ATTORNEY MATTERS 57
13.A. CONSIDERATION OF PURCHASE OF SURPLUS STATE LAND - FORMER INDIAN
RIVER CORRECTIONAL INSTITUTE 57
13.B. DEVELOPER REQUEST FOR ADDITIONAL 2 -YEAR EXTENSION TO CONSTRUCT
REQUIRED SIDEWALK IMPROVEMENTS 58
13.C. APPROVAL OF EXPERT WITNESS FEES FOR WILLIAM BETHEL: PARCEL 108 59
14. COMMISSIONER ITEMS 59
14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN 59
14.A.1. CORRESPONDENCE WITH THE PRESIDENT OF THE UNITED STATES 59
14.A.2. CITY OF VERO BEACH ELECTRIC SALE TO FLORIDA POWER & LIGHT (FPL) 60
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 62
14.C. COMMISSIONER PETER D. 0 BRYAN 63
14.C.1. FLORIDA ATLANTIC UNIVERSITY RELATIONS INTERNSHIP PROGRAM 63
14.D. COMMISSIONER BOB SOLARI 63
14.D.1. FELLSMERE AND THE ENTERPRISE ZONE 63
14.E. COMMISSIONER TIM ZORC 64
14 E 1 DELETED' LOBBYIST REGISTRATION 64
15. SPECIAL DISTRICTS AND BOARDS 64
15.A. EMERGENCY SERVICES DISTRICT 64
15.A.1. APPROVAL OF MINUTES MEETING OF JUNE 18, 2013 65
15.A.2. CITY OF FELLSMERE FIRE MARSHAL'S OFFICE 65
August 20, 2013 8
BK ! 4 4 P6 177
15.B. SOLID WASTE DISPOSAL DISTRICT 65
15.B.1. APPROVAL OF MINUTES MEETING OF JUNE 11, 2013 65
15.B.2. APPROVAL OF MINUTES MEETING OF JUNE 18, 2013 65
15.B.3. FINAL PAY FOR AMENDMENT No. 2 TO REPUBLIC SERVICES FOR LANDFILL
DITCH ENHANCEMENT PROJECT 65
15.B.4. SIXTH AMENDMENT TO SWDD FEEDSTOCK SUPPLY AGREEMENT WITH INEOS
NEW PLANET BIOENERGY (INPB) 65
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 65
16. ADJOURNMENT 66
August 20, 2013 9
IX 144 PG 178
JEFFREY R. SMITH
Clerk to the Board
August 20, 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, August 20, 2013. Present were Chairman Joseph E Flescher, Vice Chairman Wesley
S. Davis, and Commissioners Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, County Attorney Dylan Reingold, and Deputy Clerk
Maureen Gelfo.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Zorc led the Pledge of Allegiance to the Flag.
BK 144P6179
August 20, 2013 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Flescher requested the following changes to the Agenda:
Move 10.A.4. Proposed Fertilizer and Landcape Management Ordinance, Public
Hearing, Considertion of Final Adoption to follow Item 14.D.1.
(Clerk's Note • During the proceedings, at the request of a public speaker, the Board
agreed to discuss Item 10.A.4. following Item 12.A.1.)
Delete: Item 10.B.4. Request to Speak from Neal Abarbanell
Regarding Long to be Resolved Problems Regarding County Code
Enforcement's and Public Safety's Failure to Address/Selection Policies and
Rules in Rural Area of Indian River County
Move: Item 14.A.2. City of Vero Beach Electric Sale to Florida Power & Light (FPL) to
follow Item 8.TT.
Delete: Item 14.E.1. Lobbyist Registration
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PROCLAMATION AND RETIREMENT AWARD HONORING MARY T.
HIGHTOWER ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSION DEPARTMENT OF GENERAL SERVICES/PARKS
DIVISION WITH THIRTY-FIVE YEARS SERVICE
August 20, 2013 2
MC 144 PG 180
Chairman Flescher read and presented the Proclamation and Retirement Award to Mary
T. Hightower, who was accompanied by several family members.
Assistant County Administrator Michael Zito was present to offer congratulations.
S.B. THERE IS No ITEM S.B
5.C. PRESENTATION OF PROCLAMATION RECOGNIZING AUGUST 11 THROUGH
AUGUST 17, 2013 AS NATIONAL HEALTH CENTER WEEK
Vice Chairman Davis read and presented the Proclamation to Vicki Soule, CEO of the
Treasure Coast Community Health Center, who distributed information to the Board (copy on
file).
S.D. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
SEPTEMBER, 2013 AS OVARIAN CANCER AWARENESS MONTH
Commissioner Solari read and presented the Proclamation to Mike Milot, Treasure Coast
Ovarian Cancer Alliance, who was accompanied by a group of supporters. Mr. Milot provided
informational cards for the public (copy on file) and invited everyone to attend a candlelight vigil
at Our Savior Lutheran Church on September 15, 2013.
S.E. PRESENTATION OF PROCLAMATION RECOGNIZING SEPTEMBER 19, 2013
As IT CAN WAIT NATIONAL DAY OF ACTION
Commissioner Zorc read and presented the Proclamation to Catherine McKenzie,
representing AT&T, who pointed out two changes in the document: the number of people who
have committed not to text and drive has grown from 1.3% to 1.8%; and the percentage of those
who said it was a habit has declined from 43% to 40%.
August 20, 2013 3
OK 144 PG 181
7.D. VERO LAKES WATER CONTROL DISTRICT GENERAL FUND BUDGET FOR
THE YEAR ENDING SEPTEMBER 30, 2014 IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
S. CONSENT AGENDA
Commissioner Solari requested to pull Item 8.DD. and 8.EE. for discussion.
Chairman Flescher requested to pull Items 8.L, 8.SS, and 8.TT. for discussion.
Commissioner O'Bryan requested to pull Item 8.LL for discussion.
Vice Chairman Davis requested to pull Item 8.NN. for discussion.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS - JULY 4, 2013 TO JULY 11, 2013
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the list of Warrants and Wires issued by the Comptroller's
Office for the time period of July 4, 2013 to July 11, 2013,
as requested in the memorandum of July 11, 2013.
8.B. APPROVAL OF WARRANTS -JULY 12, 2013 TO JULY 18, 2013
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
August 20, 2013 5
BK 144 PG 182
6. APPROVAL OF MINUTES
G.A. REGULAR MEETING OF JULY 2, 2013
G.B. REGULAR MEETING OF JULY 9, 2013
6.C. REGULAR MEETING OF JULY 16, 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 Chairman Flescher, the Board unanimously approved
the July 2, 2013; July 9, 2013, and July 16, 2013 meeting
minutes, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7. A. TOWN OF INDIAN RIVER SHORES 2013/2014 COMMITTEE APPOINTMENTS
The Town of Indian River Shores 2013-2014 Committee Appointees are listed on page 9
of the Agenda Package.
7. B. PROOF OF PUBLICATION OF UNCLAIMED MONIES FOR CASH BONDS
DEPOSITED WITH THE CLERK OF THE CIRCUIT COURT PRIOR TO JANUARY
1, 2012 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7. C. BIENNIAL REPORT OF INDIAN RIVER COUNTY ENTRANCE FEES AND
EXPENSES FOR THE SEBASTIAN INLET STATE PARK IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
August 20, 2013 4
BK 11414 PG 183
the list of Warrants and Wires issued by the Comptroller's
Office for the time period of July 12, 2013 to July 18,
2013, as requested in the memorandum of July 18, 2013.
8.C. APPROVAL OF WARRANTS - JULY 19, 2013 TO JULY 25, 2013
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the list of Warrants and Wires issued by the Comptroller's
Office for the time period of July 19, 2013 to July 25,
2013, as requested in the memorandum of July 25, 2013.
8.D. APPROVAL OF WARRANTS -JULY26, 2013 TOAUGUST1, 2013
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the list of Warrants and Wires issued by the Comptroller's
Office for the time period of July 26, 2013 to August 1,
2013, as requested in the memorandum of August 1, 2013.
S.E. APPROVAL OF WARRANTS -AUGUST 2, 2013 To AUGUST 8, 2013
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the list of Warrants and Wires issued by the Comptroller's
Office for the time period of August 2, 2013 to August 8,
2013, as requested in the memorandum of August 8, 2013.
August 20, 2013 6
BK 14 4 PG 18 4
8.F. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER
COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously accepted
the Statement of Revenues Expenditures and Changes in
Fund Balances from October 1, 2002 through June 30,
2013, as recommended in the memorandum of July 26,
2013.
8.G. 0UARTERLYSUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS FOR QUARTER ENDING 06-30-13
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously accepted
the Assessment of Additional Court Costs Quarterly
Summary for the quarter ending June 30, 2013, as
recommended in the memorandum of July 26, 2013.
8.H. QUARTERLY OPEB TRUST REPORT FOR QUARTER ENDING 06--30-13
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously accepted
the Quarterly Other Post Employments Benefits (OPEB)
Trust Report for the quarter ending June 30, 2013, as
recommended in the memorandum of July 26, 2013.
B1(144PCI8
August 20, 2013 7
8.L QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING 06-30-2013
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously accepted
the Indian River County Investment Advisory Committee
Quarterly Investment Report for the quarter ending June
30, 2013, as recommended in the memorandum of July 26,
2013.
8.J. REQUEST FROM INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS,
LESLIE R. SWAN, FOR ADOPTION OF A PROPOSED RESOLUTION
REGARDING A CHANGE IN PROCEDURE REQUIRING ELECTRONIC FILING
OF CAMPAIGN FINANCE REPORTS
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2013-067, implementing the provisions of
Section 106.07(2)(a)2., Florida Statutes, requiring
electronic filing of campaign finance reports of local
candidates, political committees and party executive
committees; establishing an electronic filing system and
requiring a written acknowledgement regarding certain
matters pertaining to the electronic filing system; and
providing an effective date.
August 20, 2013 8
BX 144PG186
8.K. REQUEST FROM INDIAN RIVER COUNTY TAX COLLECTOR, CAROLE JEAN
JORDAN, CFC, THAT THE BOARD OF COUNTY COMMISSION ORDER THE
TAX ROLL TO BE EXTENDED PRIOR TO COMPLETION OF THE VALUE
ADJUSTMENT BOARD HEARINGS
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis the Board unanimously ordered the
2013 tax roll to be extended prior to the completion of the
Value Adjustment Board hearings, as requested in the
memorandum of August 12, 2013.
8.L. APPLICATION FOR BOARD OF COUNTY COMMISSIONER APPOINTEE TO
THE CHILDREN'S SERVICES ADVISORY COMMITTEE (CSAC)
Chairman Flescher noted that a vote is required to fill the vacancy on the Children's
Services Advisory Committee. He disclosed that there is one applicant for the position, Norman
Wells, and asked if there were any other applications; there were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solari, the Board unanimously approved
the appointment of Norman Wells, to fill the vacant
position of Member at Large on the Children's Services
Advisory Committee, as requested in the memorandum of
July 25, 2013.
August 20, 2013 9
Bit 144 PG 18
8.M. OUT OF COUNTY TRAVEL TO ATTEND THE 2013-14 FLORIDA
ASSOCIATION OF COUNTIES LEGISLATIVE CONFERENCE
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
out of County travel for Commissioners and staff to attend
the 2013-14 Florida Association of Counties Legislative
Conference in Daytona Beach, Florida on November 13 —
15, 2013, as requested in the memorandum of July 17,
2013.
8.N. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF
COUNTIES POLICY COMMITTEE CONFERENCE
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
out of County travel for Commissioners and staff to attend
the Florida Association of Counties Policy Committee
Conference held in Palm Beach County, Florida on
September 18 through September 20, 2013, as requested
in the memorandum of August 9, 2013.
8.0. RESOLUTION FORMALLY DESIGNATING A PORTION OF COUNTY OWNED
PROPERTY ALONG OSLO ROAD TO 20771AVENUEAS RIGHT-OF-WAY
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2013-068, formally designating certain
County owned property for Oslo Road right-of-way, and
August 20, 2013 10
144 PG 188
directing the Property Appraiser to cut out the property
designated as right-of-way from the parent parcel of
property known as the South County Regional Park.
8.P. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED BY THE CITY
OF SEBASTIAN TO BECOME PART OF THE CITY'S PARK SYSTEM
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2013-069, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes (Lot 14, Block 223, Sebastian Highlands Unit 8)
8.0. RESOLUTIONS CANCELING TAXES ON PROPERTIES ACQUIRED BY THE
CITY OF FELLSMERE FOR THE BENEFIT OF THE MUNICIPAL WATER
SYSTEM
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved:
(1)Resolution 2013-070, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes (1044 State Street, Fellsmere, FL; Lots 112 and
113, Block 5, Hall, Carter and James Subdivision); (2)
Resolution 2013-071, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes (1042 Lincoln Street, Fellsmere; Lot 53, Block 2,
Hall, Carter and James Subdivision); and (3) Resolution
2013-072, cancelling certain taxes upon publicly owned
lands, pursuant to Section 196.28, Florida Statutes (194 S.
Mt I44PG 189
August 20, 2013 11
Mulberry Street, Fellsmere, FL Lots L, M, N and 0, Block
29, Replat of Town of Fellsmere).
8.R. ITEM 8.R. WAS MOVED TO ITEM 5.A PRESENTATIONS
S.S. PULTE GROUP'S (DIVOSTA HOMES) REQUEST TO MODIFY THE
WATERWAY VILLAGE DRI DEVELOPMENT ORDER TO REQUIRE BIENNIAL
RATHER THAN ANNUAL PROJECT STATUS REPORTS
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2013-073, making findings of fact and
conclusions of law pertaining to Waterway Village, a
development of regional impact, and constituting this
resolution as an amendment to the development order by
Indian River County in compliance with law; and
providing for an effective date.
8.17. RESOLUTION REQUESTING FUNDING ASSISTANCE FROM STATE OF
FLORIDA BEACH EROSION CONTROL PROGRAM- FY2014-I S
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2013-074, requesting assistance from the State
of Florida Beach Erosion Control Program — FY 2014-
2015.
August 20, 2013 12
{ 144 PG 190
8.U. RIGHT-OF-WAYACQUISITION: 5480 85TH STREET, SEBASTIAN, FL
32958, PROJECT PARCELS #424, #724, SELLER: ST. SEBASTIAN
CONFERENCE OF ST. VINCENT DEPA UL SOCIETY, INC.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously: (1)
approved the purchase of the property at a total price of
$4,213.46; and (2) authorized the Chairman to execute the
Purchase and Sale Agreement with St. Sebastian
Conference of St. Vincent DePaul Society, Inc., as
recommended in the memorandum of August 8, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.V. RIGHT-OF-WAYACQUISITION: 4650 85TH STREET, 4695 86111 PLACE AND
4595 87TH STREET, PROJECT PARCELS #772, #473, #773, #474, # 774,
AND #874, SELLER: 510, LLC
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the purchase of the property at a price of $47,659.89 plus
attorney fees of $2,400; and authorized the Chairman to
execute the Purchase and Sale Agreement with 510, LLC,
as recommended in the memorandum of August 8, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
{ 144 PG 191
August 20, 2013 13
8.W. APPROVAL OF THE CERT (COMMUNITY EMERGENCY RESPONSE TEAM)
PUBLIC CPR & AED TRAINING CLASSES AND EQUIPMENT
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved of
expenditures as stated in the Florida Heart CPR training
agreements and authorized the Chairman to execute the
agreements, as recommended in the memorandum of
August 9, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.X. REQUEST TO APPROVE A MEMORANDUM OF ENGAGEMENT WITH LAMB
AND LERCH FOR FOREIGN TRADE ZONE CONSULTANT SERVICES
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis the Board unanimously authorized
County staff to execute the Memorandum of Engagement
with Lamb and Lerch to prepare an application to be filed
with the Foreign Trade Zone (FTZ) to include Indian
River County within the Service Area of FTZ No. 136, as
recommended in the memorandum of August 5, 2013.
8.Y. STATE AID APPLICATION/AGREEMENT
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously authorized
the Chairman to execute the Florida Department of State,
Division of Library and Information Services, State Aid to
Libraries Grant Agreements, and return to the Library
August 20, 2013 14
BI44PG192
Services Director to be forwarded to the appropriate State
Library staff as recommended in the memorandum of
August 7, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Z. REJECTION OF BIDS FOR IRC BID No. 2013045 - SOUTH COUNTYRO
ACID TANK REPLACEMENT
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously: (1)
rejected Close Construction, LLC's bid for the
replacement of the acid tank at the South County Reverse
Osmosis Plant; and (2) authorized staff to revise the
specifications and rebid this project, as recommended in
the memorandum of August 12, 2013.
8AA. REQUEST FOR RATIFICATION OF AN INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE FLORIDA HOUSING FINANCE
CORPORATION AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE
THAT WAS EXECUTED BY COUNTY ADMINISTRATOR JOSEPH BAIRD
DURING THE BOARD'S SUMMER RECESS
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously ratified the
County Administrator's action in executing the
County/Florida Housing Finance Corporation Tenant
Based Rental Assistance Agreement, as recommended in
the memorandum of August 5, 2013.
August 20, 2013 15
OK 144 PG 193
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.BB. REQUEST FOR APPROVAL OF A REVISED TECHNICAL ASSISTANCE GRANT
AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY
(DEO) AND INDIAN RIVER COUNTY
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the revised Technical Assistance Grant Agreement with
the Department of Economic Opportunity (DEO) and
authorized the Chairman to execute three copies of same,
as recommended in the memorandum of August 7, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B. CC. RIGHT-OF-WAY ACQUISITION, 8570 US HIGHWAY I, SEBASTIAN, FL
32958, PROJECT PARCEL #468, SELLER: CHARLES W. CARNEAL, JR.
(DECEASED 9/28/11) C/O CAROLYN WENDELL MARKEY, PERSONAL
REPRESENTATIVE OF THE ESTATE OF CHARLES WENDELL CARNEAL, JR.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the purchase of the property at a total price of $3,914.47,
and authorized the Chairman to execute the Purchase and
Sale Agreement with Carolyn Wendell Markey, as
Personal Representative of the Estate of Charles Wendell
Carneal, Jr., as recommended in the memorandum of
August 8, 2013.
August 20, 2013 16
OK 144PGI94
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.DD. GRAND HARBOR NORTH PROJECT, PROPOSED WETLAND TREATMENT
SYSTEM, PRELIMINARY PLAN AND ANALYSIS
Commissioner Solari explained that this item pertains to a study and report regarding the
development of a proposed wetland treatment system on Grand Harbor property. He observed
that it will be a cost-effective opportunity to reduce nutrient (nitrogen and phosphorus) runoff
into the Lagoon.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized Ecotech Consultants, Inc , and Masteller &
Moler, Inc., to move forward with the Grand Harbor North
project as proposed, under their existing continuing
services contracts with the County Public Works and
Utilities Departments, as recommended in the
memorandum of August 14, 2013.
8.EE. APPROVAL OF LEASE AGREEMENT WITH INDIAN RIVER SPORTS
COMPLEX, INC. FOR USE OF 10111 STREET BALL FIELDS
Commissioner Solari spoke in support of this public/private partnership with Indian River
Sports Complex, Inc. (IRSC). He stated that IRSC will be upgrading and taking over the
maintenance functions of the 1011 Street Ball Field Complex to create a baseball complex.
Vice Chairman Davis praised the dedication of the volunteers who run these types of
sports organizations.
The following residents addressed the Board regarding IRSC's plans:
August 20, 2013 17
IK 144 PG 195
Jason Redman, Sideline Radio Show - concerned about the loss of free fields for non -
private groups such as Little League
Althea McKenzie, representing Gifford Little League — concerned about possible
impacts to Gifford youth
Derek Muller, co -host of Sideline Radio Show — mentioned the need to have cost-free
space available for other youth sports activities
Assistant County Administrator Michael Zito responded that IRSC's plan has been vetted
through the baseball community for a year, and that they will be reinvesting all revenue back into
the site. He stressed that the project is completely independent from Gifford Community Park,
and that the recreational component of the Gifford Neighborhood Plan will be discussed on
October 5, 2013.
Chris Thomas, Indian River Sports Complex, Inc., disclosed that he is in communication
with Little League representatives. He described his plans for the 16th Street recreational site,
and affirmed the group's intention to make the County a better baseball community.
MOTION WAS MADE by Commissioner Solari
SECONDED by Vice Chairman Davis to approve and
authorize the Chairman to execute the Lease Agreement
with Indian River Sports Complex Inc.
Freddie Woolfork, 4950 57th Avenue, provided a history of the Gifford Progressive
Civic League (GPCL) and asked that they be included in discussions involving the community.
A brief discussion ensued about pending lighting improvements that will soon be made at
Gifford Community Park.
August 20, 2013 18
8} 144 PG 196
MOTION WAS AMENDED BY Commissioner Solari,
SECONDED by Chairman Flescher, to include the
clarification that the proposed lease agreement with Indian
River Sports Complex, Inc. will not impact the Gifford
Community it will be at the recreational site located at
1900 16th Street (a/k/a the 16th Street Ball Fields) that is
presently underutilized; and it will save the County money
and provide a lot of opportunities for more young people.
The Chairman CALLED THE QUESTION and the
Motion and Amendment carried unanimously.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. FF. CHANGE ORDER No. 2, OLD DIXIE HIGHWAY SIDEWALK FROM 8TH
STREET TO SR 60, IRC PRo.IECTNo. 1102, BID No. 2012052
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis the Board unanimously approved
Change Order No. 2 to Timothy Rose Contracting, Inc.,
increasing the contract amount by $37,473.97, and adding
the additional 90 days to the contract time, the new
contract amount will be $366,801.94, as recommended in
the memorandum of August 2, 2013.
8. GG. SELECTION OF CONTINUING PROFESSIONAL SURVEYING AND MAPPING
SERVICES RFO# 2013043 - IRC PRorECTNo. 1333
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously: (1)
BK ! 4 4 PG 19 7
August 20, 2013 19
approved the selection of five firms: Carter & Associates,
Inc., Kimley-Horn & Associates, Inc., Masteller, Moler,
Reed & Taylor, Inc., Southeastern Surveying & Mapping
Corp., and Morgan & Eklund, Inc.; and (2) authorized
staff to continue contract negotiations on behalf of the
County with the selected firms for the Continuing
Professional Surveying and Mapping Services, as
recommended in the memorandum of August 9, 2013.
8.HH. F.D.O. T. SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT
AND RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE FOR
CONSTRUCTION (RESURFACING) AND CONSTRUCTION ENGINEERING
INSPECTION (CEI) SERVICES OFINDIANRIVER BOULEVARD FROMSR-
5/US1 TO SR-656/17TH STREET, IRC PROJECT NO. 1302 FM No. 433067-
1-58-01
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2013-076 with the Florida Department of
Transportation, authorizing the Chairman's execution of a
Small County Outreach Program Agreement for
construction (resurfacing) and construction engineering
inspection (CEI) services of Indian River Boulevard from
SR-5/US1 to SR-656/17th Street.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
August 20, 2013 20
BK 144 PG 198
8.II. AMENDMENT NO. 1 TO WORK ORDER No. 1, DUNKELBERGER
ENGINEERING AND TESTING, INC. FOR 66TH AVENUE ROADWAY
IMPROVEMENTS - PHASE 2 (4TH STREET TO 16TH STREET) IRC PROJECT
No. 9810B
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
and authorized the Chairman to execute Amendment No. 1
to Work Order No. 1 with Dunkelberger Engineering and
Testing, Inc., authorizing the above-mentioned
professional services as outlined in the Scope of Services,
for a not -to -exceed amount of $42,060.00, as
recommended in the memorandum of August 9, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.JJ. SELECTION OF CONTINUING ENVIRONMENTAL AND BIOLOGICAL SUPPORT
SERVICES FOR CIVIL AND ENVIRONMENTAL ENGINEERING PROJECTS
RFO# 2013044IRC PROJECTNo. 1334
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously: (1)
approved the selection of three firms. G.K. Environmental
Consultants, Inc., Kimley-Horn & Associates, Inc., and
Cardno ENTRIX; and (2) authorized staff to continue
contract negotiations on behalf of the County with the
selected firms for the Continuing Environmental and
Biological Support Services for Civil and Environmental
August 20, 2013 21
BK 1 4 4 PG 199
Engineering projects, as recommended in the
memorandum of August 7, 2013.
8.KK. AMENDMENT NO. 4 TO WORK ORDER No. 1 G.K. ENVIRONMENTAL,
INC., OSLO ROAD BOAT RAMP, IRC PROJECT NO. 0381
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
and authorized the Chairman to execute Amendment No. 4
to Work Order No. 1 with G.K. Environmental, Inc., in the
not -to -exceed sum of $19,705.00, authorizing the services
as outlined in the Professional Services Agreement, as
recommended in the memorandum of August 9, 2013.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.LL. APPROVAL OF LEASE AGREEMENT WITH INDIAN RIVER LACROSSE
ASSOCIATION, INC.
Commissioner O'Bryan noted that this is another great example of a public/private
partnership, and a great opportunity. Indian River Lacrosse Association, Inc (IRLAX) will be
leasing and taking over the maintenance of the multi-purpose fields at Dick Bird Park (a/k/a
South County Regional Park) to facilitate lacrosse functions in the County.
Brian Connelly, Chairman IRLAX, gave an overview of the organization and its plans to
make the region a premier lacrosse site. He said that IRLAX will be partnering with the County
to bring in lacrosse teams from all across the State, and a tournament is being planned in the fall.
Commissioner O'Bryan suggested the possibility of also using the fields for ultimate
Frisbee competitions.
August 20, 2013 22
0k 144 PG 200
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to approve staff's
recommendation.
Jason Redman, Sideline Radio Show, stated that he was not opposed to lacrosse, but
was concerned about tying up the multipurpose fields. He was worried about running out of
accessible space for football and other sports.
A brief discussion ensued about the possibility of the Vero Beach Sports Village making
free space available for local youth sports teams; and about the need to have a field available for
the youngsters to practice in.
Commissioner Solari suggested researching the use of the old Gifford Landfill site for
sports fields, and also invited the public to let the Commissioners know what is needed in terms
of playing fields.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board: (1) approved
Resolution 2013-077, approving a community interest
lease agreement with the Indian River Lacrosse
Association, Inc. for County owned property at Dick Bird
Park (a/k/a South County Park); and (2) approved and
authorized the Chairman to execute the Lease Agreement
with Indian River Lacrosse Association, Inc , as
recommended in the memorandum of August 1, 2013.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
August 20, 2013 23
BK 144 PG 201
8.MM. 26TH STREET ADVANCE ACQUISITION OF RIGHT-OF-WAY- 2605 47TH
AVENUE
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously: (1)
approved and authorized the Chairman to execute the
Contracts for Sale and Purchase of the Langdon parcel (in
the Davilla Park Subdivision) for $85,000; (2) directed
that the needed right-of-way be taken from the property
after purchase; and (3) authorized sale of the remainder
property at sealed bid, all as recommended in the
memorandum of August 13, 2013.
CONTRACTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.NN. 26TH STREET ADVANCE ACQUISITION OF RIGHT-OF-WAY - 5020 26'
STREET
Vice Chairman Davis disclosed that he had a conflict of interest on this item, and would
abstain from voting.
(Clerk's Note: Form 8.B. Memorandum of Voting Conflict is attached as Addendum A).
Attorney Reingold counseled the Board to note that this item is being approved without
an appraisal being done.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Zorc, the Board: (1) approved and
authorized the Chairman to execute the Contract for Sale
and Purchase with Bamaric of Vero Beach, LLC, for
August 20, 2013 24
144PG202
$72,911.41 (for parcel in Indian River Farms Co.
Subdivision), with the understanding that no appraisal was
done on the property; (2) directed that the needed right-of-
way be taken from the property after purchase; and (3)
authorized sale of the remainder property at sealed bid.
Commissioner O'Bryan noted that the 10% commission that is being charged on this
transaction seems excessive, and questioned why the usual 6% fee on residential was not
charged.
Administrator Baird explained the circumstances, affirmed that this is an overall great
opportunity for the County, and acknowledged that henceforth he would be sure to have the
commission amount clarified up front.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.00. CONVEYANCE OFA MODIFIED EASEMENT TO FLORIDA DEPARTMENT OF
TRANSPORTATION FOR NEW U.S. 1 SOUTH COUNTY BRIDGE
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2013-078, authorizing the Chairman's
execution of a Modified Perpetual Easement to the Florida
Department of Transportation for construction of a bridge
over Old Dixie Highway and the railroad tracks along US
Highway 1 at the South County Line.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
August 20, 2013 25
BK 144 PG 203.
8.PP. MISCELLANEOUS BUDGET AMENDMENT 023
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2013-079, amending the Fiscal Year 2012-
2013 budget.
8.00. AMENDMENT No. 1 TO INDIAN RIVER COUNTY SOUTH COUNTY REGIONAL
PARK INTERGENERATIONAL RECREATION FACILITY PROFESSIONAL CIVIL
ENGINEERING AND ARCHITECTURAL SERVICES CONSULTANT
AGREEMENT RFQ No. 2012024 -IRC PRoJECTNo. 1135
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
and authorized the Chairman to execute Amendment No. 1
with Borrelli & Partners, Inc., in the amount of
$243,783.00 as recommended in the memorandum of
August 13, 2013.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.RR. REQUEST FOR SATISFACTION OF CODE ENFORCEMENT LIEN AT 1776
CYPRESS LANE, SEAGROVE SUBDIVISION
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved:
(1) settlement of the Code Enforcement Lien at 1776
Cypress Lane (owned by Susan Callahan) for $1,500; and
(2) authorized staff to execute a satisfaction of the lien
August 20, 2013 26
BK 144 PG 204
upon payment of the settlement amount and the property's
compliance with code, as recommended in the
memorandum of August 14, 2013.
&SS. PROCLAMAHON AND RETIREMENT AWARD HONORING ALAN K
WHEATLEY ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY
SERVICES/WASTEWATER COLLECTION WITH NINETEEN YEARS SERVICE
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the Retirement Award and Proclamation honoring Alan K.
Wheatley on his retirement from the Indian River County
Department of Utility Services/Wastewater Collection,
with nineteen years of service.
8. TT. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING
GREG HALL ON His RETIREMENT FROM INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD &
BRIDGE DIVISION WITH THIRTY-SEVEN YEARS SERVICE
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis the Board unanimously approved
the Retirement Award and Proclamation honoring Greg
Hall on his retirement from the Indian River County
Department of Public Works Road & Bridge Division,
with thirty-seven years of service.
August 20, 2013 27
144 PG 205
The Chairman called a recess at 10:25 a.m., and reconvened the meeting at 10:43 a.m.,
with all members present.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS - LESLIE R. SWAN
REQUEST FOR CERTIFICATION THAT THE BOARD OF COUNTY
COMMISSIONERS WILL PROVIDE MATCHING FUNDS FOR THE FEDERAL
ELECTION ACTIVITIES GRANT FOR FY 2013-2014
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher the Board unanimously approved and
authorized the Chairman to execute the Certificate
Regarding Matching Funds and the Certificate of
Equipment for Casting and Counting Ballots, as requested
in the letter of July 30, 2013.
CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9.B. INDIAN RIVER COUNTY SHERIFF - BERYL LOAR
9.B.1. EXPENDITURE FROM THE CRIMINAL AND SEX OFFENDER REGISTRANT
FEE ACCOUNT
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the expenditure of $21,043 from the Criminal and Sex
Offender Registrant Fee account for the purchase of the
following items: Camera system storage upgrade Scanner
for inmate records; Fax card for copier machine; Rapid ID
August 20, 2013 28
BK 14 4 P6 206
device; Fixed color day/night IP cameras (12); and Chairs
(10) for registrant processing area, for a total of $21,043,
as requested in the letter of July 30, 2013.
9.13.2. REQUEST FOR BUDGET AMENDMENT THAT PROCEEDS FROM AUCTION OF
SURPLUS PROPERTY AND VEHICLES BE USED TO ACQUIRE LIKE KIND
PROPERTY
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher the Board unanimously authorized
the Sheriff to expend the $32,998.00 netted from the June
27, 2013 public auction of surplus property and vehicles,
for the acquisition of new like -kind property within the
current fiscal year, as requested in the letter of August 12,
2013.
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. COUNTY INITIATED REQUEST TO REDESIGNATE ± 70 ACRES FROM C-2,
CONSERVATION -2 (UP TO I UNIT/40 ACRES), AND L-2, LOW-DENSITY
RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO C 1, CONSERVATION -I (ZERO
DENSITY), AND REZONE THOSE ± 70 ACRES FROM RS -6 SINGLE-FAMILY
RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), AND RS -1, SINGLE
FAMILY RESIDENTIAL DISTRICT (UP TO I UNIT/ACRE), TO CON -1,
CONSERVATION -1 DISTRICT (ZERO DENSITY) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
August 20, 2013 29
BK 144 PG 207
Community Development Director Robert Keating used a PowerPoint Presentation (copy
on file) to provide background and analysis on the County's purchase of the Oslo Riverfront
Conservation Area (ORCA) Diamond Tract. He stated that a Florida Communities Trust (FCT)
50% cost-sharing funding grant was awarded to the County for acquisition of the property, with
the requirement that the County amends the Future Land Use and Zoning designations of the
tract to Conservation -1 (C-1), Publicly Owned Conservation. Director Keating thereafter
presented the recommendations of the Planning & Zoning Commission (P&Z) and staff for the
Board to transmit the future land use amendment to state and regional review agencies, and
advised that after comments are received by said parties, there will be a final public hearing.
The Chairman opened the Public Hearing.
Sharon Kolor, 545 Honeysuckle Lane, commented that she hoped that this action would
make improvements to the Oslo Boat Ramp impossible.
Director Keating replied that it would have no effect on the boat ramp project.
There being no additional speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously adopted
Resolution 2013-080, approving the transmittal of a
proposed Indian River County Comprehensive Plan Future
Land Use Map Amendment to state and regional review
agencies.
August 20, 2013 30
BK 144PG208
10.A.2. CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION
(LDR) AMENDMENT TO SECTION 911.15(1) (D), WEST COUNTY
INDUSTRIAL PARK HEIGHT EXCEPTION (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling, through review of his memorandum of July 15, 2013,
provided background and analysis on the Board's proposed Economic Development Initiative to
amend the County's Land Development Regulations (LDRs), Section 911.15(1)(d), for the
purpose of accommodating taller distribution facilities or industrial buildings. He recalled that
the West County Industrial Park Height Exception was adopted in 2004 for the CVS Distribution
Center west of I-95 at the Indian River Park of Commerce, and reviewed the proposed changes
to the height exception regulations. He also pointed out that the sunset language in the current
LDR needs to be deleted. Director Boling confirmed that both the Planning & Zoning
Commission and staff recommend that the Board approve the amendments to the West County
Industrial Park Height Exception, through adoption of the proposed Ordinance.
Director Boling addressed the Board's questions about the proposed setbacks and the
areas where the height exceptions would be permitted.
Commissioner Zorc noted that the amendment will allow the County to accommodate
burgeoning technology, such as the automated storage systems that are used by businesses such
as CVS.
The Chairman opened the Public Hearing.
Daniel Lamson, Executive Director, 737 Timber Ridge Trail Apt. B, read a statement on
behalf of Indian River Neighborhood Association, supporting the height exceptions and the
expansion of the West County Industrial Park.
August 20, 2013 31
BK 144 PG 209
Penny Chandler, Indian River County Chamber of Commerce, recalled past struggles to
accommodate CVS when they moved to the community, and voiced enthusiasm for the proposed
amendment.
There were no additional speakers, and the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to adopt Ordinance
2013-010, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 911, Zoning by amending the
West County Industrial Park Height Exception
Regulations of Section 911.15; and by providing for repeal
of conflicting provisions, codification, severability, and
effective date.
A brief discussion ensued about the advantages of having CVS in the County.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
1O.A.3. PROVIDENCE POINTE 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
PLANNED DEVELOPMENT PLAN APPROVAL FOR A PROJECT TO BE KNOWN
AS PROVIDENCE POINTE (LEGISLATIVE)
August 20, 2013 32
B1( 1101 PG 210
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling, through a PowerPoint Presentation, provided background
and analysis on the request of Providence Pointe Vero Beach, LLC's to rezone a +180 acre site
located south of 53rd Street, west of 58th Avenue and north of 49th Street from Agriculture -1 (A-
1) and Residential Single -Family (RS -3) to Planned Development Traditional Neighborhood
Design (PDTND). He stated that the proposed community (Providence Pointe) will have many
amenities, including residential units a hotel; lake/amphitheater; golf course; clubhouse; open
spaces/walkable areas a marsh and Bald Eagle Preserve; and a marketplace area. He noted that
the project will be built in phases; parts of the community will be open to the public; and the site
work will include future right-of-way dedications, road improvements, and buffer zones. After
reviewing the traffic circulation and stormwater plans, he conveyed the recommendations of the
Planning & Zoning Commission and staff, for the Board to adopt the proposed Ordinance
approving the rezoning, and approve the conceptual Planned Development Traditional
Neighborhood Design Plan, with the conditions outlined in staff's report (see Motion)
Commissioner O'Bryan commented on other subdivisions that have struggled, and
wanted an assurance that this project has something unique to offer.
Vice Chairman Davis wondered what would be the most effective way to build out each
phase of the development with regards to the amenities.
Commissioners Flescher, Solari and Davis spoke in support of the project, and
commended the development team on the details and vision that have gone into the conceptual
plan.
The Chairman opened the Public Hearing.
Renee Renzi, Waverly Place, voiced concerns about traffic impacts.
August 20, 2013 33
Bit 1104r PG 214
Daniel Lamson read a statement supporting the project.
Andrew Kennedy, 2050 US Highway 1, Suite 200, Project Developer, used a
PowerPoint Presentation to give a comprehensive overview of the project.
Bruce Barkett, representing Providence Pointe Vero Beach LLC, advised that
Providence Pointe is envisioned primarily as a long-term rental community, a new concept for
Indian River County. He projected the commencement date to be June 2014, if the project is
approved by the Board. Mr. Barkett also recognized the founder and CEO of Providence Point,
Joseph J. Barile, who was present in the audience.
Jane Schnee, 1022 Foster Rd., Sebastian, stated that this might be a good time to get
more native plantings into new developments.
Todd W. Bonnett, Bonnett Design Group, spoke about sustainability, and disclosed that
the design team plans to use drought -tolerant and native plants in the landscaping.
There being no additional speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher the Board unanimously: (1) adopted
Ordinance 2013-011, amending the Zoning Ordinance
and the accompanying Zoning Map from A-1 Agricultural
1 (up to 1 unit/5 acres), and RS -3, Residential Single -
Family (up to 3 units/acre), to PDTND, Planned
Development Traditional Neighborhood Design, for
approximately 186.33 acres of land generally located
south of 53rd Street, west of 58th Avenue, and north of 49th
Street and described herein and providing for an effective
August 20, 2013 34
EX 144PG212
date; and (2) approved the proposed Planned Development
Traditional Neighborhood Design (PDTND) rezoning and
the conceptual Planned Development (PD) plan, with the
following conditions:
1. Prior to or via any final plat, the applicant shall restrict
the planting and maintenance of Caribbean Fruit Fly and
Citrus Greening host plants on all PD sites. Said host
plant prohibition shall be included in covenants and
restrictions filed on project properties.
2. Prior to approval of the Land Development Permit
(LDP) plan for Phase I, the applicant shall dedicate the
ultimate right-of-way for 49th Street and 58111 Avenue
adjacent to the project, with density credit provided for
Providence Pointe, as shown on the conceptual PD plan.
In addition, the applicant shall dedicate the small portion
of 49 h Street right-of-way shown on sheet 4 of the
conceptual plan in advance of the Phase I LDP when
notified by the County.
3. Prior to the issuance of a land clearing and tree removal
permit, the applicant shall document that all agencies have
approved the Conservation and Habitat Management Plan
and issued any required jurisdictional permits
4. Prior to approval of the preliminary PD plan for Phase
I, the applicant shall enter into a developer's agreement
that provides for all off-site traffic improvements and
stormwater capacity for adjacent streets required by
Traffic Engineering.
5. Prior to the issuance of a land development permit for
Phase I, the applicant shall: a. Submit a sign package for
the Market Place commercial/area and obtain approval of
B1( 144 PG 213
August 20, 2013 35
the sign package from staff. The sign package must
comply with County Corridor Plan requirements and
demonstrate a consistent aesthetic theme for the entire
project. b. Provide a final design, acceptable to Traffic
Engineering and Metropolitan Planning Organization
(MPO) staff, for the project transit stops. c. Provide a
final design, acceptable to Engineering, for stormwater
capacity for run-off from adjacent public roads.
6. Prior to the issuance of the first certificate of
completion for any preliminary PD plan within any sub -
phase of Phase I, the applicant shall: a. Complete or bond
out the sidewalk segment on 49 h Street and 58th Avenue
adjacent to Phase I. b. Pave that portion of 53rd Street
from 58th Avenue to the western project driveway.
c. Complete all site related traffic improvements depicted
on the preliminary PD plan and listed in section 13 of the
staff report that serve that portion of Phase I or sub -phase
of Phase I.
7. Prior to issuance of a certificate of completion for
Phase lb, the applicant shall pave that portion of 49th
Street adjacent to Phase lb as shown on the preliminary
PD plan.
8. Prior to or via the final plat approval for Phase I, the
applicant shall dedicate the 120' right of—way for 53rd
Street to the County, subject to the terms of a developer's
agreement.
9. Prior to the issuance of a certificate of completion for
Phase II, the applicant shall complete all site -related traffic
improvements required to serve Phase II, as identified by
August 20, 2013 36
Bk 144 PG 214
Traffic Engineering and listed in the approved traffic
impact analysis;
10. Prior to issuance of a certificate of completion for
Phase III, the applicant shall complete all site -related
improvements required to serve Phase III, as identified by
Traffic Engineering and listed in the approved traffic
impact analysis;
11. Prior to or via the final plat for Phase IIA, the
applicant shall escrow the applicant's fair share for the
future paving of the project's remaining 53`d Street
frontage;
12. All preliminary PD plan/plats shall be subject to the
following conditions: a. All Market Place blocks and all
mixed use areas shall be subject to and shall demonstrate
compliance with the County Corridor Criteria or Planning
& Zoning Commission approved alternative requirements
for landscaping. b. Preliminary PD plans shall include
final architectural and streetscape designs, acceptable to
the Planning and Zoning Commission, for implementing
Future Land Use Policy 18.1, and demonstrate compliance
with Section 915.13(5). c. All buildings at street corners
in the Market Place commercial shall be designed to be
accessible from both streets and street sidewalks; d. All
buildings in the Market Place shall be two stories or have
a vertical mass similar to a two-story building, unless
otherwise approved by the Planning and Zoning
Commission. e. All single-family phases shall include
submittal of a plan book, approved by staff, demonstrating
compliance with Policy 18.1 criteria and Section
915.13(5). f. Commercial/office uses in the Market
BK 114PG215
August 20, 2013 37
Place/mixed use areas shall be limited to 72,000 square
feet. g The streetscape (buildings and landscape) shall be
consistent on both sides of any street, even between
different use types.
13. The Providence Pointe project site shall revert to its
original (current as of August 2013) zoning if construction
has not commenced within seven years of the approval of
the conceptual PD plan and rezoning; and
14. Prior to or via each final plat that is adjacent to the
Urban Service Area boundary, the applicant will provide a
notice pursuant to Florida Statutes 163.3163, if required
by that statute.
The Chairman called a recess at 12:36p.m., and reconvened the meeting at 1:07p.m.,
with all members present.
10.A.4. PROPOSED FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE,
PUBLIC HEARING/CONSIDERATION OF FINAL ADOPTION (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
(Clerk's Note 1: The Board voted to discuss this item after Item 14.D.1; however at the
request of a public speaker, the Board agreed to discuss this following Item 12.A.1. It is placed
here for continuity).
County Attorney Dylan Reingold recalled the Board's direction on July 2, 2013 for the
County Attorney's Office to draft an ordinance based upon the Florida Department of
Environmental Protection's Model Ordinance for Florida -Friendly Fertilizer Use on Urban
Landscapes (the "Model Fertilizer Ordinance"), with the addition of an education/enforcement
component He stated that on July 18, 2013, a Special Call Meeting was held at which the Board
August 20, 2013 38
BK 144 PG 216
made additional changes to the Model Fertilizer Ordinance, and he is now presenting the revised
draft ordinance for Board approval, with the following amendments:
• Require the use of slow release nitrogen
• Prohibit Phosphorous (without soil testing)
• Establish a 10' separation between fertilized areas and the water bodies
enumerated in the Model Ordinance
• Exempt commercial applicators who receive certification through the Model
Fertilizer training programs from the additional stringent standards adopted by the
Board, and subject them only to the requirements consistent with the Model
Fertilizer Ordinance
Vice Chairman Davis relayed the suggestions of the Agricultural Advisory Committee
(AAC) regarding the proposed Ordinance and related matters:
• Reclassify the County in the University of Florida (UF) Institute of Food &
Agricultural Sciences (IFAS) Extension Administrative District as a central sector
• Ensure that references to soil testing stipulate that verification of a soil or plant
tissue deficiency must be verified by a UF IFAS approved testing methodology
• Encourage the slow-release nitrogen even for those who receive certification in
the "Florida -Friendly Best Management Practices for Protection of Water
Resources by the Green Industries" fertilizer Best Management Practices (BMP's)
or an equivalent program
• Employ a horticulture agent with a stormwater background for the educational
component of the ordinance
Commissioner Zorc relayed that he has learned that many professional applicators are not
averse to a summer ban on fertilizer application, and he has reversed his earlier position of
exempting licensed applicators from several provisions in the Ordinance.
August 20, 2013 39
OK 144 PG 217
Commissioner Solari wanted to restrict nitrogen usage to no more than 2 pounds per
1,000 square feet for any residential area annually.
Chairman Flescher was concerned that individuals attaining a BMP certification through
a brief course would be granted the same exemptions as certified professionals.
Commissioner O'Bryan reported that phosphorous -free landscape plant fertilizer is not
available, and suggested eliminating the reference to landscape plants in Sections 316.6(a) and
(b)•
The Chairman called a recess at 4:11 p.m., and reconvened the meeting at 4:17 p.m.,
with all members present.
The Chairman opened the Public Hearing.
(Clerk's Note 2: Various speakers presented to the Board data regarding turf grasses,
fertilizer, actions taken in other counties, rain patterns, issues contributing to the degradation of
the Lagoon, and related matters; these documents are on file in the Office of the Clerk to the
Board.
Chairman Flescher, assisted by Attorney Reingold, confirmed for Bob Johnson that the
Indian River Lagoon has been declared a nutrient impaired water body by the Florida
Department of Environmental Protection (FDEP), and that it is necessary for the County to adopt
the proposed Ordinance.
The below speakers addressed the Board with arguments supporting a more stringent
Ordinance than the FDEP's Model Fertilizer Ordinance. In addition, individuals who advocated
a summer fertilizer ban are bracketed, and those who mentioned removing the exemption for
certified professional applicators are indicated with an asterisk.
August 20, 2013 40
BK 144 PG 218
[Cris Costello] Sierra Club Regional Representative, 2815 Proctor Road, Sarasota
[John Beukers] 6530 36thPlace, representing the Indian River Neighborhood Association
(IRNA)
[Sharon Kolor] 545 Honeysuckle Lane*
[Lange Sykes] 836 Riomar Drive*
[Cory Westbrook] 1955 3rd Street*
[Diane Morgan] 416 14th Avenue*
[John Davis] 2400 rt Place SW
Brendan Burk, 516 Conn Way
Kevin Doty, 411 Holly Road
Jane Schnee, 1022 Foster Rd., urged the Board to ban "starter" fertilizers and weed and
feed products in addition to the fertilizer restrictions.
[Judy Orcutt] 4665 Pebble Bay South*
[John Orcutt] 4665 Pebble Bay South*
[Richard Baker] Pelican Audubon Society
[Mary Sphar] 819 Heron Rd., Cocoa
Daniel Lamson, Executive Director, Indian River Neighborhood Association, presented
a written statement (copy on file), supporting the restricted period and asking that the
definition of heavy rain be reinserted into the Ordinance
The Chairman called a recess at 6:48 p.m., and reconvened the meeting at 6:59 p.m.,
with all members present.
The below speakers provided arguments opposing a rainy season ban on fertilizer
application:
Pete Snyder, Executive Director, Florida Turf Grass Association
Todd Josco, 2800 West Azeele Street, Tampa, representing the Florida Turfgrass
Association
Bryan Combs, Regional Field Trainer with Arrow Exterminators
BK114PG219
August 20, 2013 41
Greg Pheneger, 607 Cypress Rd.
Robert Schleis, 885 23rd Place SW
There being no additional speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner O'Bryan, to adopt
Ordinance 2013-012, amending the code of Indian River
County to establish a new Chapter 316, entitled "Fertilizer
and Landscape Management;" adopting the Florida
Department of Environmental Protection's (FDEP's)
Model Ordinance for Florida -Friendly Use of Fertilizer on
Urban Landscapes, providing for severability, codification
and an effective date, with the following modifications
and findings: (1) fertilizer shall not be applied within ten
feet of any pond, stream, watercourse, lake, canal, or
wetland as defined by the Florida Department of
Environmental Protection, or from the top of a seawall; (2)
no fertilizer containing phosphorous shall be applied to
turf or landscape plants unless a soil or plant tissue
deficiency is verified by a University of Florida Institute
of Food and Agriculture Sciences approved testing
methodology, (3) the nitrogen content of fertilizer
applied to turf or landscape plants shall contain at least
50% slow release nitrogen per guaranteed analysis label;
and (4) there will be no exemptions from the above
additional requirements for licensed professional
applicators.
August 20, 2013 42
BK 144PG220
Commissioner O'Bryan stated that given the conflicting data presented by various public
speakers, the Board should err on the side of protecting the Lagoon and saving the seagrasses.
Commissioner Solari asked that the County Attorney post a summary of the Ordinance
on the County's website, with a link to the actual document, and allow the public 30 days to
become familiar with the new legislation before it takes effect.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Commissioner O'Bryan, to include
establishing the effective date of the ordinance to be 30
days subsequent to the County Attorney's posting on the
website a summary of the Ordinance with a link to the
actual document.
The Chairman CALLED THE QUESTION, and the
Motion and Amendment carried unanimously.
(Clerk's Note: Following are additional actions that were taken with regards to the
above Motion and Amendment for incorporation into the Ordinance).
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to add to Ordinance
2013-012, Section 316.3. Timing of Fertilizer Application,
a restricted season prohibiting fertilizer application in the
months of June, July, August, and September.
Chairman Flescher stated that he had reversed his position, and would now support the
restricted period, because all possible measures should be employed to restore the Lagoon's
health.
OK 144PG221
August 20, 2013 43
Vice Chairman Davis declared that based on science, he was opposed to the summer
fertilizer restriction, and that the Board appears to be moving more towards enforcement than
education.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners Solari and Davis opposed), the
Motion carried.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to add a new position
to the Public Works Department to address issues
pertaining to Chapter 315, Fertilizer and Landscape
Management.
Commissioner Zorc suggested checking with other counties to see how they are
monitoring the success of their fertilizer ordinances. He also wanted to incorporate any
applicable portions of the `Be Floridian" program to the County's educational plan.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Chairman Flescher, to include direction
to the new Public Works employee to update the Board on
the `Be Floridian" educational program, and to explore
ways to monitor the impact of the ordinance on the
Lagoon's health.
Administrator Baird stated that he would begin advertising the Public Works position and
make the necessary budget amendments to accommodate the new position.
August 20, 2013 44
BIC 144 PG 222
Discussion ensued regarding the responsibilities of the new person. It was clarified that
the Public Works employee would be handling both the code enforcement and educational issues
pertaining to fertilizer and landscape management.
Attorney Reingold advised that he would return to the Board with details on the new
position; an amendment to Resolution 92-59 regarding penalties for County Code Violations;
and recommendations on fines and timeframes relative to notices and satisfactions of violations
of Ordinance 2013-012.
The Chairman CALLED THE QUESTION, and the
Motion and Amendment carried unanimously.
Vice Chairman Davis reiterated the recommendations of the Agricultural Advisory
Committee.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved to
reclassify the County as a central region in the University
of Florida (UF) Institute of Food & Agricultural Sciences
(IFAS) Extension Administrative Distncts.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner O'Bryan, to insert in the
last sentence of Section 316.7(c) that "nitrogen or
phosphorous fertilizer shall not be applied ...unless a soil
or plant tissue deficiency has been verified by a University
of Florida Institute of Food and Agricultural Sciences
approved testing methodology."
August 20, 2013 45
BK 144 PG 223
Attorney Reingold advised that relative to Commissioner Solari's Motion to apply the
Ordinance to licensed professional applicators as well as individuals, the provision might no
longer be applicable.
The Commissioners acknowledged that the provision may not need to be inserted, but
wished to proceed with the vote nonetheless.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously
After a brief discussion, with input from Attorney Reingold and Ms. Costello, the Board
decided to include in its version the same definition of heavy rain that was in FDEP's Model
Ordinance.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
to add to the definition section of Ordinance 2013-012,
"Heavy Rain" shall mean rainfall greater than 50 mm (2
inches) in a 24 hour period.
10.B. PUBLIC DISCUSSION ITEMS
1O.B.1. REQUEST TO SPEAK FROM J. MCCL URE, ATTORNEY FOR INDIAN
RIVER AERODROME PROPERTY OWNERS ASSOCIATION (IRAPOA)
REGARDING TERMINATION OF IRAPOA WATER PROJECT UCP -4100
(Clerk's Note: This item was heard following Item 10A.3. and is placed here for
continuity).
B. J. McClure, Esquire, 395 Nieuport Drive, representing the Indian River Aerodrome
Property Owners Association (IRAPOA) alleged that on April 16, 2013, Water Project No. UCP -
August 20, 2013 46
BK 1104 PG 224
4100 was approved by mistake, inadvertence, neglect, and/or misrepresentation. He directed the
Board's attention to the petitions (pages 597 through 604 of the agenda package) that were
recently signed by 73.6% of the owners asking the Board to terminate the enterprise. He said
that the homeowners feel they were misled, and that the original petitions were executed on the
basis that no cost was involved to the owners and taxpayers; they thought they were only
requesting an estimate of the costs involved in getting the water service. He disagreed with the
concept of obtaining survey and engineering costs before the project starts, and stressed that the
majority of property owners do not want County -supplied potable water or reuse water service at
the Indian River Aerodrome subdivision.
Commissioner O'Bryan explained that on April 16, 2013, the Board's sole approval was
related to proceeding with an engineering survey to determine costs, before the owners make a
decision.
A discussion followed and the Board encouraged the homeowners to wait for the cost
analysis to come forward.
Commissioner Zorc suggested improving the water service petition to make it clearer,
and emailing the petitioners to keep them informed, with assurances that they are receiving an
informational communication, not making a commitment.
Director of Utilities Vincent Burke advised that the residents had come to the County
requesting the water service, and that after cost estimates for the project are reviewed, there will
be a meeting with the homeowners. He also noted that utilities' staff is working on updating its
policies and procedures.
No Board Action Required or Taken
August 20, 2013 47
BK `144PG225
10 B.2. REQUEST TO SPEAK FROM JIM DAVIS REGARDING INDIAN RIVER
AERODROME WATER PROJECT No. UCP -4100 REINSTATEMENT OF
ESTIMATE STUDY FOR COUNTY WATER
Jim Davis, 270 Nieuport Drive, spoke in favor of continuing with the cost survey. He
affirmed that the original petition was signed by 66% of the residents, and it clearly stated that
the County would be conducting the study at no cost to the homeowners. He outlined his
concerns about the safety of the water in the area and the lack of a nearby fire hydrant, and asked
the Board to direct the Utility Department to complete the survey and present its findings to the
residents at a future meeting so every resident can decide whether or not to have County water
service.
Chairman Flescher affirmed that the Board had voted only to proceed with getting the
cost estimates for the survey, not to go ahead with the project.
Commissioner Solari deemed that the Board was doing the right thing by finding out
what the costs would be for a project that could potentially minimize the use of wells, which can
lead to environmental issues.
Bill Ford, Aerodrome property owner, sought and received confirmation that residents
will have ample opportunity to approve or refect the proposed water service.
A speaker (name undisclosed) advised that while the homeowners may be assessed for
the project if it comes to fruition, they are not mandated to hook up to County water.
Gwen Garner, 8520 Waco Way, declared that the original petitions were not circulated
to 100% of the homeowners, and felt that the Utilities Department should have contacted each
petitioner to confirm they wanted the water service. She asked the Board to scrap both petitions
and find out how many owners want County water.
August 20, 2013 48
BK 44 PG 226
Responding to Board questions, Director Burke discussed the notification process that is
used in the Utilities Department, and agreed that a section for email addresses could be added to
the petition document.
Director Burke advised that the cost estimate for the water project will be distributed to
all residents who live within the confines of the Aerodrome; and after the residents vote on
whether or not to proceed, the new information will be presented to the Board.
Vice Chairman Davis reminded the homeowners that they may qualify for an insurance
discount if their homes are proximate to a fire hydrant.
No Board Action Required or Taken
10.B.3. REQUEST TO SPEAK FROM ARDRA AND BILL RIGBY REGARDING
EQUALITY AND A FFIRMATIVE OPPORTUNITY
(Clerk's Note: Ardra Rigby was not present)
William Rigby, 8465 59th Avenue, sought information from the Board regarding the
location of the HUBZone (Historically Underutilized Business Area) in the County, and about
the Comprehensive Plan.
Attorney Reingold suggested that the Board defer engaging in dialogue with the speaker,
as he has filed a lawsuit alleging Civil Rights Action claims.
A brief discussion followed, wherein Mr. Rigby was advised to get the information from
Senior Planner Bill Schutt in the Community Development Department.
Mr. Rigby quoted statistics from the Equal Employment Opportunity Plan (EEOP) to
point out the absence of African-American men and women in administrative and executive
BK 144 PG 227
August 20, 2013 49
positions in the County. He urged the Board to work with the community and civic groups to
address this disparity, so that all citizens can participate in the economic development process.
No Board Action Required or Taken
10.B.4. DELETED: REQUEST TO SPEAK FROM NEAL ABARBANELL REGARDING
LONG TO BE RESOLVED PROBLEMS REGARDING COUNTY CODE
ENFORCEMENT'S AND PUBLIC SAFETY'S FAILURE TO
ADDRESS/SELECTION POLICIES AND RULES IN RURAL AREA OF INDIAN
RIVER COUNTY
10.B.5. REQUEST TO SPEAK FROM CHARLES WILSON REGARDING DEPOSITING
MONEY WITH THE COUNTY
The Chairman called a recess at 2:48 p.m., and reconvened the meeting at 3:02 p.m.,
with Vice Chairman Davis presiding until Chairman Flescher rejoined the Board at 3:05 p.m.
Charlie Wilson, 2001 9th Ave., challenged policies and procedures regarding impact fee
refunds to Sebastian residents; the noticing to individuals prior to the expiration of their escrow
fund deposits; and the reclassification of the $1 million received from the Windsor land swap
with the County, from an escrow account into the General Fund.
Following discussion, Commissioner O'Bryan asked Director Keating to see if the City
of Sebastian's Building Department will implement a notification policy similar to the County's,
on impact fee refunds.
Clerk of the Circuit Court and Comptroller Jeffrey Smith confirmed that his office
reviews the escrow deposits annually with County staff to see if any monies need to be refunded.
Regarding the County s land swap with Windsor, he advised that the funds were transferred due
August 20, 2013 50
BK I44PG228
to a change in governmental accounting standards. He stressed that the funds are in a restricted
fund that cannot be spent without Board approval at an open meeting.
Budget Director Jason Brown affirmed that the State monitors the funds to ensure they
are spent properly, and displayed the County's Comprehensive Annual Financial Report (CAFR)
showing a $1 million fund balance for Parks and Recreational Projects.
No Board Action Required or Taken
1O. C. PUBLIC NOTICE ITEMS -NONE
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
COUNTY FOR NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMMATIC
SERVICES AND AMENDED AND RE -STATED NSP3 SINGLE-FAMILY
PURCHASE, REDEVELOPMENT AND SALES PROGRAM MANUAL
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to approve staffs
recommendation.
Commissioner O'Bryan mentioned that the lender which had been buying Habitat for
Humanity's zero interest mortgage rates is no longer buying the loans. He wondered if Habitat
August 20, 2013 51
Bi( 14 4 PG 229
for Humanity (Habitat) has inquired about the possibility of charging a minimal interest rate in
order to find a lender.
Andy Bowler, 4568 North US Highway 1, disclosed that, as a 501c3 nonprofit
organization, Habit may not charge interest.
At this time Lange Sykes approached the Board to request that they initiate the public
hearing on the fertilizer ordinance. The Board CONSENSUS was to do so after the vote is
taken on the Motion.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board* (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 Amended and Re-
stated 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; (4)
authorized the Chairman to execute the proposed
Amended and Re -stated NSP3 Developer's Agreement
between Indian River County and Indian River Habitat for
Humanity; and (5) authorized the Chairman to execute the
proposed Amended and Re -stated NSP3 Single -Family
August 20, 2013 52
BK 144 PG 230
Purchase, Redevelopment and Sales Program Manual, as
recommended in the memorandum of August 12, 2013.
DOCUMENTS 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
12. G. 1. RECREATIONAL REVENUE REFUNDING BONDS, SERIES 2003,
APPROVAL OF RESOLUTION FOR EARLY PAYOFF
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution 2013-081, authorizing the redemption and
payment of the County's outstanding recreational revenue
refunding bonds, Series 2003; authorizing an interfund
loan from General Fund Reserves in the amount of
$1,565,000 to the Golf Course to fund the redemption of
the Series 2003 bonds authorizing the proper officers of
the County to do all acts necessary and proper for carrying
August 20, 2013 53
BK 144 PG 231
out the transactions contemplated by this Resolution; and
providing for an effective date.
12. G.2. SPRING TRAINING FACILITY REVENUE BONDS, SERIES 2001 APPROVAL
OF RESOLUTION FOR PARTIAL EARLY PAYOFF BUDGET AMENDMENT 024
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously approved: (1)
Resolution 2013-082, authorizing the redemption and
payment of a portion of the County's outstanding Spring
Training Facility Revenue Bonds, Series 2001; authorizing
the use of General Fund Reserves in the amount of
$2,275,000 to pay down this debt; authorizing the proper
officers of the County to do all acts necessary and proper
for carrying out the transactions contemplated by this
Resolution; and providing for an effective date; and (2)
Resolution 2013-083, amending the Fiscal Year 2012-
2013 budget.
12.H. RECREATION - NONE
12.L PUBLIC WORKS - NONE
12..1 UTILITIES SERVICES
12.J.1. EVALUATION OF RECEIVING TOTAL MAXIMUM DAIL Y LOAD (TMDL)
CREDITS FOR PAST PROJECTS
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 8
August 20, 2013 54
Mt 144 PG 232
with MBV Engineering, Inc., authorizing professional
services for a Phase I lump sum amount of $9,600.00, and
Phase II hourly not to exceed amount of $51,900.00,
contingent on a second agenda item and subsequent
approval of the additional work, as outlined and
recommended in the memorandum of August 9, 2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12..1.2. SEWER FEASIBILITY STUDY FOR THE NORTH SEBASTIAN AREA - UCP
4101
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to approve staff's
recommendation.
Vice Chairman Davis inquired about the possibility of extending the limits of the
feasibility study to all areas east of the Florida East Coast Railway (FEC), and Little Hollywood
in south Brevard County.
During discussion it was agreed that the priority would be to get sewer services in North
Sebastian first, then direct staff to approach Brevard County about providing sewer service in
Little Hollywood.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Chairman Flescher to extend the
feasibility study geographical boundaries to include all
areas east of the Florida East Coast Railway (FEC), with
the possibility of later adding the additional study area of
Little Hollywood in south Brevard County.
BK 144 PG 233
August 20, 2013 55
Administrator Baird stated that the price for the feasibility analysis doesn't include a
larger design, and requested returning to the Board with information on extending the limits of
the study.
Commissioner Solari agreed that the Board should approve the proposed feasibility study,
and in the future speak with Brevard County about the possibility of the County extending sewer
service to Little Hollywood.
Commissioner O'Bryan withdrew his amended Motion.
The Chairman CALLED THE QUESTION and the
Original Motion carried unanimously. The Board
approved and authorized the Chairman to execute Work
Order No. 6 for a lump sum amount of $29,600.00 to
Masteller & Moler, Inc., for the Sewer Feasibility Study
for the North Sebastian area.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.3. SEWER FEASIBILITY STUDY FOR THE SUMMERPLACE AREA - UCP
4101
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Work Order No. 4
authorizing the professional services for a lump sum
amount of $38,500.00 to Schulke, Bittle and Stoddard,
LLC, as defined and recommended in the memorandum of
August 9, 2013.
August 20, 2013 56
119( 144 PG 234
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
I3.A. CONSIDERATION OF PURCHASE OF SURPLUS STATE LAND - FORMER
INDIAN RIVER CORRECTIONAL INSTITUTE
Deputy County Attorney Bill DeBraal recalled the Board's approval on August 21, 2012
of Resolution 2012-070 proposing to acquire surplus State land at the site of the former Indian
River Correctional Institution, subject to the results of a real estate appraisal and other
terms/conditions agreed upon by both parties. He reported that the appraisal price lists the 99 -
acre facility at $815,000 for the grounds and buildings, minus any improvements, and asked the
Board whether they would like to move ahead or pass on the purchase.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to pass on the
purchase of the surplus State land at the site of the former
Indian River Correctional Institution.
Discussion ensued regarding several issues that would factor into the Board's decision:
(1) the possibility that the Florida Department of Transportation (FDOT) will approve the
proposed I-95 Oslo Road Interchange and how that might affect the future capacity of the subject
site (2) whether a company who has expressed interest in the former Calpine site might prefer
the larger State site; (3) that asbestos might be found in the facility, in which case a reappraisal
would have to be done and approved by the State; and (4) whether a 45 to 60 -day delay could be
requested from the State to allow time for the Board to find out the status of the I-95 Oslo Road
Interchange, and to see if the above -referenced company is still considering the County as a
possible business location.
August 20, 2013 57
BK !44 PG 235
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Chairman Flescher, to request an
additional sixty days to notify the State of Florida on the
Board's decision regarding the purchase of the former
Indian River Correctional Institute property.
Further discussion ensued in response to Chairman Flescher's disclosure that there may
be heavy pollutants in the area and inside the lake.
Attorney DeBraal conveyed that the Board could make successful Phase II
Environmental Assessment part of the conditions for purchase of the site.
The Chairman CALLED THE QUESTION, and the
Amended Motion carried unanimously.
13.B. DEVELOPER REQUEST FOR ADDITIONAL 2 -YEAR EXTENSION TO
CONSTRUCT REQUIRED SIDEWALK IMPROVEMENTS
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously: (1)
authorized staff to proceed with advertising for the Board
to hold a public hearing to consider amending portions of
Chapter 913 with respect to sidewalk extensions on
subdivisions that were platted prior to 2009; (2) approved
a grace period for the developers from having to construct
the sidewalks while the Board considers the adoption of an
ordinance amendment to provide for an additional 2 -year
extension to the existing sidewalk contracts; if the
Ordinance amendment is not adopted, the Board will
allow the developers a 90 -day grace period from the date
August 20, 2013 58
BK 1144PG236
of the public hearing to complete the sidewalk
construction so long as the security, if in the form of a
letter of credit, is appropriately extended; if the developer
does not complete the sidewalk construction within the
90 -day grace period, staff was authorized to proceed to
call the security, due to the contract being in default.
13. C. APPROVAL OF EXPERT WITNESS FEES FOR WILLIAM BETHEL: PARCEL
108
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to approve staff's
recommendation.
Commissioner O'Bryan declared his opposition to the Motion.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner O'Bryan opposed), the Motion
carried. The Board approved the Stipulated Order
awarding the defendant, William Bethel, experts' costs
and fees in the amount of $102,960.34, as recommended
in the memorandum of August 14, 2013.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN
14.A.1. CORRESPONDENCE WITH THE PRESIDENT OF THE UNITED STATES
Chairman Flescher proposed that the Board seek assistance from the President to stop the
Lake Okeechobee freshwater releases.
August 20, 2013 59
BK 1414 PG 237
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
and authorized the Chairman to execute a letter to
President Barack Obama requesting that the U.S. Army
Corps of Engineers cease releasing freshwater from Lake
Okeechobee into the Indian River Lagoon.
14.A.2. CITY OF VERO BEACH ELECTRIC SALE TO FLORIDA POWER & LIGHT
(FPL)
(Clerk's Note: This item was heard following Item 8. TT. and is placed here for
continuity).
Chairman Flescher recalled that municipal voters had approved the sale of the City of
Vero Beach (the City) Electric Utility (Vero Electric) to Florida Power & Light (FPL) for the
purpose of lowering electricity costs for residents within the City and in the unincorporated areas
of the County. He noted that the City has been moving forward with the sale, but some new
concerns have arisen.
Glenn Heran used a PowerPoint Presentation (copy on file) to provide an overview of
the prospective sale of the City of Vero Beach (the City) Electric Utility to Florida Power &
Light (FPL) He provided a rate comparison (copy on file) of municipal vs. private providers
FPL, Duke Energy, and TECO Energy Company, and stressed that changing from City Electric
to FPL will result in tremendous cost savings to ratepayers. He provided background on the
Florida Municipal Power Agency (FMPA), which has 31 member municipalities, including the
City, and said that the City's FMPA entitlement assets (St Lucie Nuclear Unit II; Stanton I Coal;
and Stanton II Coal) must be transferred in order to consummate the sale, but the FMPA and the
FMEA (Florida Municipal Electric Association) have said there are costly penalties for doing so.
Mr. Heran asked the Board to partner with Indian River Shores to hire a public affairs lobbyist to
August 20, 2013 60
BK 144 PG 238
educate relevant legislators on the issues which could impede the sale of the City of Vero Beach
Electric Utility to Florida Power and Light.
Several Board members voiced support for getting a lobbyist to assist in this important
economic development issue.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to direct staff to
coordinate and engage with Indian River Shores about the
possibility of contributing to the initiative to hire a
lobbyist and prepare a plan to educate relevant state and
local leaders on the plight of the municipal utility
ratepayers, including those within City limits and in the
unincorporated areas of the County.
Commissioner Zorc asked Commissioner Solari if he would amend his Motion to include
other ratepayers in the community who may want to help in these efforts.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Chairman Flescher, to include direction
to staff to discuss with all interested parties the possibility
of contributing to the initiative to hire a lobbyist and
prepare a plan to educate relevant state and local leaders.
There was a brief conversation about the possibility of issuing a Request for
Qualifications (RFQ) for the lobbyist.
Administrator Baird explained that the lobbyist process works differently than other
services, and suggested that the best option for the Board today would be to allocate $100,000
for a lobbyist.
BK 144 PG 239
August 20, 2013 61
A SECOND AMENDMENT was made to the Motion,
SECONDED by Chairman Flescher, to include
authorization of an initial allocation of $100,000 to hire a
lobbyist.
Commissioner Zorc remarked that a lobbyist was likely to cost more than $100,000, but it
was possible that some ratepayers might donate funding.
Dr. Stephen Faherty, spoke about the plight of Vero Electric and other municipal
electric customers in the unincorporated areas of the County, who pay $160 million a year more
in rates statewide than if they were with FPL, with no representation.
The Chairman CALLED THE QUESTION, and the
Motion and Amendments carried unanimously. The
Board (1) approved to direct staff to coordinate and
engage with Indian River Shores and all interested parties
about the possibility of contributing to the initiative to hire
a lobbyist, with an initial allocation of $100,000 in County
funds; and (2) to prepare a plan to educate relevant state
and local leaders on the issues which could impede the
sale of the City of Vero Beach Electric Utility to Florida
Power and Light.
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN- NONE
August 20, 2013 62
BK t 44 PG 240
14. C. COMMISSIONER PETER D. O'BRYAN
14. C.1. FLORIDA ATLANTIC UNIVERSITY RELATIONS INTERNSHIP PROGRAM
Commissioner O'Bryan discussed the offer he had received from Heather Kurstin, Local
Relations Director for Florida Atlantic University (FAU), to place an unpaid student intern in the
Board of County Commission office for the fall term beginning in September. The student will
earn credit for his/her term work in Political Science
The Board deliberated on the possibility of having an intern. Discussion points focused
on developing a strategy that would allow the student to work productively; ascertaining which
department/s the individual could work in; and assigning one Commissioner to take ownership of
this plan.
Commissioner O'Bryan offered to contact FAU for more details, and to oversee the
intern's schedule. He asked if he would be able to talk to individual Commissioners to see what
their requirements for assistance might be.
Administrator Baird stated that he would coordinate that aspect of this endeavor.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solari, the Board unanimously approved to
host a Florida Atlantic University (FAU) Political Science
student intern with the details to be worked out by
Commissioner O'Bryan.
14.D. COMMISSIONER BOB SOLARI
14.D.1. FELLSMERE AND THE ENTERPRISE ZONE
Commissioner Solari relayed that Fellsmere City Manager Jason Nunemaker has asked
the Enterprise Zone Development Agency (EZDA) to relay to the County Commission his
August 20, 2013 63
OKI44PG24I
request to seek from the State a change to the enabling legislation, to add Fellsmere to its
Enterprise Zone designations. He added that the municipality would not receive a zone at this
time, but the change would allow for the possibility in the future.
MOTION WAS MADE by Commissioner Solari
SECONDED by Chairman Flescher, to direct a request
from the Board of County Commissioners to the State of
Florida Legislative Delegation for an amendment to the
enabling legislation for Enterprise Zones, adding the City
of Fellsmere to areas of the County where a portion of an
Enterprise Zone could be located, as requested in the
memorandum of August 5, 2013.
Commissioner O'Bryan stated that he would like the Gifford residents to be kept well
informed, as most of the Enterprise Zone (EZ) is currently in the Gifford Area.
Commissioner Solari surmised that the addition of an EZ in Fellsmere would not affect
Gifford residents, but he welcomed their input.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
14.E. COMMISSIONER TIMZORC
14.E.1. DELETED: LOBBYIST REGISTRATION
15. SPECIAL DISTRICTS AND BOARDS
1.5.A. EMERGENCY SERVICES DISTRICT
The Regular Board reconvened as the Board of Commissioners of the Emergency
Services District. Those Minutes are available separately.
August 20, 2013 64
BK 1 44 PG 242
15.A. 1. APPROVAL OF MINUTES MEETING OF JUNE 18, 2013
15.A.2. CITY OF FELLSMERE FIRE MARSHAL'S OFFICE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Board of the Emergency Services District reconvened as the Board of
Commissioners of the Solid Waste Disposal District. Those Minutes are available separately.
15.B.1. APPROVAL OF MINUTES MEETING OF JUNE 11, 2013
15.B.2. APPROVAL OF MINUTES MEETING OF JUNE 18, 2013
15.B.3. FINAL PAY FOR AMENDMENT NO. 2 TO REPUBLIC SERVICES FOR
LANDFILL DITCH ENHANCEMENT PROJECT
15.B.4. SIXTH AMENDMENT TO SWDD FEEDSTOCK SUPPLY AGREEMENT WITH
INEOS NEW PLANET BIOENERGY (INPB)
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
August 20, 2013 65
BK 1 4 4 PG 243
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 8:38 p.m.
ATTEST:
ve.a_44, ,
ant wA-a
S ith�
r of Circuit Court and Comptroller
Minutes Approved: OCT 01 2013
BCC/MG/2013Minutes
August 20, 2013 66
Flescher, Chairman
BK144 PG 2141k.
•
•
Item 8.NN.
ADDENDUM A
FORM BB MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST
c)dti‘S
NAME -FIRST NAME -MIDDLE NAME
" Vie A
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Gootr? Q(' CA.) Co-v./Ai io- ys
MAIL
`isN
NO ADDRESS
'+
ek �" t1 "Y_ _\
uyl-i
Q r
THE BOARD. COUNCIL, C MISSION, AUTHORITY
+ANKH I SERVE IS A UNIT OF:
OR COMMITTEE ON
DOTHER LOCAL AGENCY
^7-2.
V1 G.
��J
CITY
//CSO-UTN�CTY1
Vero C3lir,I.-, 3��tb8
Darr COUNTY
N� QF\POUT%S DIVISION:
_,jam
DATE ON WHICH
1
VOTE
OCCURRED
(�✓'
MY POSITION IS::
jou ELECTIVE
■
APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, w other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 183.356 or
163.357, F_S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a 'relative" incudes only the officer's father, mother, son, daughter, husband, wife. brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A *business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
_ _ * •
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE VNLL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side)
August 20, 2013
67
BK 144 PG 245
OF
Item 8 NN.
ADDENDUM A
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating_
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
I. 1nieS S. na.:Ns
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on t* 20
(a) A measure came or will come before my agency which (check one)
❑ inured to my special private gain or toss; y�•
i Al -f/
inured to the special gain or loss of my business associate. 1 r c fc. o Ace kJ-sort/de k� �JOft
_ inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
2013 :
1 -20 -
Date Filed
/
-Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
August 20, 2013
68
PAGE2
BK 144 PG 246