HomeMy WebLinkAbout09/10/2013 (2)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, SEPTEMBER 10, 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
District 2
District 1
District 4
District 5
District 3
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Jeffrey R. Smith, Clerk of the Court and
Comptroller
Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Recognizing the Month of September, 2013 as
Hunger Action Month
September 10, 2013
PAGE
1
BK 144 PG 250
Page l of 8
6.
APPROVAL OF MINUTES
A. July 17, 2013 Budget Workshop
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Vacancy on the Tourist Development Council for a Person Interested in
Tourism Development / Not an Owner of Hotel / Motel / Tourist
Accommodations
(memorandum dated August 20, 2013)
B. School District of Indian River County Appointment of Alternate to County
Planning and Zoning Commission
(letter dated August 15, 2013)
C. City of Sebastian, Ordinance No. 0-13-04 — Annexation for land consisting
of 2.45 acres, more or less, located at 11465 Old Dixie Highway lying west
of the F E C Railroad, is on file in the Office of the Clerk to the Board
D. City of Sebastian, Ordinance No. 0-13-07 — Annexation for land consisting
of 1 43 acres, more or less, located at 12900 U S.1 and lying adjacent to and
north of the Sebastian cemetery, is on file in the Office of the Clerk to the
Board
8. CONSENT AGENDA
A. Approval of Warrants — August 9, 2013 to August 15, 2013
(memorandum dated August 15, 2013)
PAGE
2-3
4
5-12
B. Approval of Warrants — August 16, 2013 to August 22, 2013
(memorandum dated August 22, 2013) 13-21
C. Approval of Warrants — August 23 2013 to August 29, 2013
(memorandum dated August 29, 2013)
22-31
D. Proclamation and Retirement Award Honoring Dennis A. Koerner on His
Retirement from Indian River County Board of County Commissioners
Community Development Department/Building Division for Seventeen
Years of Service
32-33
E Proclamation and Retirement Award Honoring John C. Freeman on His
Retirement from Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue for Thirty -Five Years of
Service
34-35
EX 144 PG 251
September 10, 2013 Page 2 of 8
8. CONSENT AGENDA PAGE
F. Resolution Canceling Taxes on Property Acquired via Property Exchange by
Indian River County from KAH Development Corporation for Right -of -Way
(memorandum dated August 21, 2013) 36-45
G. Consideration of Indian River County s 2013 SHIP Program Annual Reports
(memorandum dated August 27, 2013) 46-74
H. Approval of Work Order No. GFA -3 with GFA International, Inc. for
Construction Testing Services for the PC South Nutrient Recovery Facility
(memorandum dated August 7, 2013)
75-85
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
Old Dixie Highway from IRFWCD North Relief Canal to 71St Street — IRC
Project No. 1302, FM 429566-1-58-01
(memorandum dated August 19, 2013)
J. Civil Engineering and Land Surveying Agreement for Bridge Replacements
and Widening of 66th Avenue from South of SR60 to North of 57th Street,
Amendment No 14, IRC Project No. 0545
(memorandum dated August 23, 2013)
86-104
105-113
K. 2013/2014 State of Florida Department of Health Contract
(memorandum dated September 3, 2013) 114-139
L. Approval of Bid Award for IRC Bid No. 2014002 Annual Bid for Cleaning
Services at Utility Operations Center
(memorandum dated August 30, 2013)
140-145
M. Consideration of New Five Year Agreement between Indian River County
and the Indian River County Senior Resource Association, Inc. for Provision
of Mass Transit Service
(memorandum dated August 28, 2013)
146-153
N. Amendment to Work Order No. 2 Indian River Aerodrome Subdivision
Indian River County Project No: UCP 4100 to Retain Surveying Services
with Indian River Survey, Inc.
(memorandum dated August 26, 2013)
154-168
O. Amendment to Elevated Water Tank Space License Agreement with AT&T
(memorandum dated August 20, 2013) 169-183
P. Miscellaneous Budget Amendment 025
(memorandum dated August 26, 2013) 184-198
BK 1 E 4 PG 252
September 10, 2013 Page 3 of 8
8. CONSENT AGENDA PAGE
Q•
Miscellaneous Budget Amendment 026
(memorandum dated August 26, 2013)
199-201
R. West Wabasso Sewer and Drainage Improvements Phase I
(memorandum dated August 23, 2013)
202-206
S. Approval of Bid Award for IRC Bid # 2014001 Harris FX Software
Services, Department of Emergency Services
(memorandum dated August 19, 2013)
T. Approval for Renewal of Lease Agreement with Youth Guidance Donation
Fund of Indian River County, Inc. for Office Space
(memorandum dated August 22, 2013)
207-212
213-219
U. Approval of License Agreement with Hydromentia, Inc. for the PC South
Algal Nutrient Recovery Facility
(memorandum dated August 26, 2013)
V. Authorize County Administrator to Execute a Renewal Agreement with HM
Highmark Life Insurance for the County s Excess Loss/Reinsurance Policy
(memorandum dated September 4, 2013)
220-228
229-235
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
None
8K 144 PG 253
September 10, 2013 Page 4 of 8
10. PUBLIC ITEMS
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing October 1, 2013:
(memorandum dated August 27, 2013) 236-237
a. County initiated request to amend the text of the Policy 5.7
of the Potable Water Sub -Element and Policy 5.8 of the
Sanitary Sewer Sub -Element of the county's comprehensive
plan
(Legislative)
b. Robert Williams' request to Rezone 0.15 acres from RS -6 to
RM -6
(Quasi -Judicial)
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
1. Consideration of Residential Decibel Level Thresholds in the
County's Noise and Vibration Control Ordinance (LDR Chapter
974) as applied to Outdoor Mechanical Equipment
(memorandum dated August 29, 2013)
B.
Emergency Services
None
C. General Services
D.
E.
None
Human Resources
None
Human Services
None
F. Leisure Services
None
238-255
6K 1 4 4 P6 2 514
September 10, 2013 Page 5 of 8
12. DEPARTMENTAL MATTERS PAGE
G. Office of Management and Budget
1. Quarterly Budget Report
(memorandum dated August 26, 2013) 256-268
H.
Recreation
None
I, Public Works
None
J. Utilities Services
1. Developer Agreement for the Installation of Additional Gravity
Sewer Lines in Ercildoune Heights Subdivision — Indian River
County Project No. UCP -4100
(memorandum dated August 20, 2013)
269-279
13. COUNTY ATTORNEY MATTERS
A. City of Fellsmere Fire Marshal s Office
(memorandum dated August 30, 2013) 280-281
B. Consideration of Purchase of Surplus State Land — Former Indian River
Correctional Institute
(memorandum dated September 3, 2013)
C. Proposed Resolution Amending the Designation of Code Enforcement
Officers and the Schedule of Penalties and Notification Time Frames for
Code Violations
(memorandum dated August 28, 2013)
282-284
285-293
D. Rules and policies regarding reasonable opportunity to be heard, per Senate
Bill 50
(memorandum dated August 30, 2013)
294-298
E. Update of Discussions with City of Vero Beach ("City") Regarding Water /
Wastewater Service to Unincorporated Areas of the County
(memorandum dated August 1, 2013)
299-303
14. COMMISSIONERS ITEMS
A. Commissioner Joseph E Flescher, Chairman
1. Discussion Regarding Indian River County Fertilizer Ordinance
(memorandum dated September 4, 2013)
0
BC 14-4 PG 2354-305.5
September 10, 2013 Page 6 of 8
14. COMMISSIONERS ITEMS PAGE
B. Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Peter D. O'Bryan
1. Update on the Indian River County Action Plan for the Indian River
Lagoon
(memorandum dated September 3, 2013)
306
2. Connected 4 Kids / 2-1-1 Family Resource Guide
(memorandum dated September 3, 2013) 307
3. SafeSpace Walk a Mile in Her Shoes Challenge
(memorandum dated September 3, 2013) 308
4. Implementation of New Fertilizer Ordinance
(memorandum dated September 3, 2013) 309
D. Commissioner Bob Solari
E.
None
Commissioner Tim Zorc
1. Presentation by the Genealogy Society of Indian River County
(memorandum dated August 26, 2013) 310
2. Best Value Procurement
(memorandum dated September 4, 2013) 311-315
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B.
None
Solid Waste Disposal District
1. Approval of Minutes July 17, 2013 SWDD Budget Workshop
2. Final Pay for GeoSyntec Work Order No. 6 — Engineering and
Construction Support Services for the Landfill Expansion Project
(memorandum dated August 29, 2013)
C. Environmental Control Board
None
316-339
BK 144 PG 256
September 10, 2013 Page 7 of 8
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 257
September 10, 2013 Page 8 of 8
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR WORKSHOP
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 10, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION RECOGNIZING THE MONTH OF SEPTEMBER
2013 AS HUNGER ACTION MONTH 2
6. APPROVAL OF MINUTES 2
6.A. MEETING OF JULY 17, 2013 BUDGET WORKSHOP 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
September 10, 2013 1
BK 144 PG 258
7.A. VACANCY ON THE TOURIST DEVELOPMENT COUNCIL FOR A PERSON
INTERESTED IN TOURISM DEVELOPMENT / NOT AN OWNER OF HOTEL / MOTEL /
TOURIST ACCOMMODATIONS 3
7.B. SCHOOL DISTRICT OF INDIAN RIVER COUNTY APPOINTMENT OF ALTERNATE TO
COUNTY PLANNING AND ZONING COMMISSION 3
7.C. CITY OF SEBASTIAN, ORDINANCE NO. 0-13-04 - ANNEXATION FOR LAND
CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE
H IGHWAY, LYING WEST OF THE F E C RAILROAD, IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD 3
7.D. CITY OF SEBASTIAN, ORDINANCE NO. 0-13-07 - ANNEXATION FOR LAND
CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S.1 AND
LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY, IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS - AUGUST 9, 2013 TO AUGUST 15, 2013 4
8.B. APPROVAL OF WARRANTS - AUGUST 16, 2013 TO AUGUST 22, 2013 4
8.C. APPROVAL OF WARRANTS - AUGUST 23, 2013 TO AUGUST 29, 2013 5
8.D. PROCLAMATION AND RETIREMENT AWARD HONORING DENNIS A. KOERNER ON
H IS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS COMMUNITY DEVELOPMENT DEPARTMENT/BUILDING
D IVISION FOR SEVENTEEN YEARS OF SERVICE 5
8 E PROCLAMATION AND RETIREMENT AWARD HONORING JOHN C. FREEMAN ON
HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE FOR
THIRTY-FIVE YEARS OF SERVICE 5
8.F. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED VIA PROPERTY
E XCHANGE BY INDIAN RIVER COUNTY FROM KAH DEVELOPMENT
CORPORATION FOR RIGHT-OF-WAY 6
8.G. CONSIDERATION OF INDIAN RIVER COUNTY'S 2013 SHIP PROGRAM ANNUAL
REPORTS 6
8.11. APPROVAL OF WORK ORDER No. GFA -3 WITH GFA INTERNATIONAL, INC. FOR
CONSTRUCTION TESTING SERVICES FOR THE PC SOUTH NUTRIENT RECOVERY
FACILITY 7
BK 144 PG 259
September 10, 2013 2
8.I. 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 OLD DIXIE HIGHWAY FROM IRFWCD NORTH RELIEF CANAL TO
71ST STREET - IRC PROJECT NO. 1302, FM 429566-1-58-01 7
8.J. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR60 TO
NORTH OF 57TH STREET, AMENDMENT No. 14, IRC PROJECT No. 0545 8
8.K. 2013-2014 STATE OF FLORIDA DEPARTMENT OF HEALTH CONTRACT 8
8.L. APPROVAL OF BID AWARD FOR IRC BID NO. 2014002 ANNUAL BID FOR
CLEANING SERVICES AT UTILITY OPERATIONS CENTER 9
8.M. CONSIDERATION OF NEW FIVE YEAR AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND THE INDIAN RIVER COUNTY SENIOR RESOURCE ASSOCIATION,
INC. FOR PROVISION OF MASS TRANSIT SERVICE 9
8.N. AMENDMENT TO WORK ORDER No. 2 INDIAN RIVER AERODROME SUBDIVISION
INDIAN RIVER COUNTY PROJECT No UCP 4100 TO RETAIN SURVEYING
SERVICES WITH INDIAN RIVER SURVEY, INC. 10
8.0. AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT WITH
AT&T 11
8.P. MISCELLANEOUS BUDGET AMENDMENT 025 11
8.Q. MISCELLANEOUS BUDGET AMENDMENT 026 11
8.R. WEST WABASSO SEWER AND DRAINAGE IMPROVEMENTS PHASE I 12
8.S. APPROVAL OF BID AWARD FOR IRC BID # 2014001 HARRIS FX SOFTWARE
SERVICES, DEPARTMENT OF EMERGENCY SERVICES 12
8.T. APPROVAL FOR RENEWAL OF LEASE AGREEMENT WITH YOUTH GUIDANCE
DONATION FUND OF INDIAN RIVER COUNTY, INC. FOR OFFICE SPACE 13
8.U. APPROVAL OF LICENSE AGREEMENT WITH HYDROMENTIA, INC. FOR THE PC
SOUTH ALGAL NUTRIENT RECOVERY FACILITY 13
8.V. AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE A RENEWAL AGREEMENT
WITH HM HIGHMARK LIFE INSURANCE FOR THE COUNTY'S EXCESS
LOSS/REINSURANCE POLICY 14
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 14
September 10, 2013 3
BK 444 PG 260
10. PUBLIC ITEMS 14
PUBLIC HEARING(S) - NONE 14
PUBLIC DISCUSSION ITEMS - NONE 14
PUBLIC NOTICE ITEMS 14
NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 1, 2013 14
COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE POLICY 5.7 OF THE
POTABLE WATER SUB -ELEMENT AND POLICY 5.8 OF THE SANITARY SEWER
SUB -ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 14
10.C.1.B. ROBERT WILLIAMS' REQUEST TO REZONE 0.15 ACRES FROM RS -6 TO RM -6
(QUASI JUDICIAL) 15
10.A.
10.B.
10.C.
10.C.1.
10.C.1.A.
11. COUNTY ADMINISTRATOR MATTERS - NONE 15
12. DEPARTMENTAL MATTERS 15
12.A. COMMUNITY DEVELOPMENT 15
12.A.1. CONSIDERATION OF RESIDENTIAL DECIBEL LEVEL THRESHOLDS IN THE
COUNTY'S NOISE AND VIBRATION CONTROL ORDINANCE (LDR CHAPTER 974)
AS APPLIED TO OUTDOOR MECHANICAL EQUIPMENT 15
12.B. EMERGENCY SERVICES - NONE 17
12.C. GENERAL SERVICES - NONE 17
12.D. HUMAN RESOURCES - NONE 17
12 E HUMAN SERVICES - NONE 17
12.F. LEISURE SERVICES - NONE 18
12.G. OFFICE OF MANAGEMENT AND BUDGET 18
12.G.1. QUARTERLY BUDGET REPORT 18
12.H. RECREATION - NONE 18
12.I. PUBLIC WORKS - NONE 18
12.J. UTILITIES SERVICES 18
12.J.1. DEVELOPER AGREEMENT FOR THE INSTALLATION OF ADDITIONAL GRAVITY
SEWER LINES IN ERCILDOUNE HEIGHTS SUBDIVISION - INDIAN RIVER COUNTY
PROJECT NO. UCP -4100 18
13. COUNTY ATTORNEY MATTERS 19
September 10, 2013 4
BK 144 PG 26
13.A. CITY OF FELLSMERE FIRE MARSHALL'S OFFICE 19
13.B. CONSIDERATION OF PURCHASE OF SURPLUS STATE LAND - FORMER INDIAN
RIVER CORRECTIONAL INSTITUTE 19
13.C. PROPOSED RESOLUTION AMENDING THE DESIGNATION OF CODE ENFORCEMENT
OFFICERS AND THE SCHEDULE OF PENALTIES AND NOTIFICATION TIME FRAMES
FOR CODE VIOLATIONS 20
13.D. RULES AND POLICIES REGARDING REASONABLE OPPORTUNITY TO BE HEARD,
PER SENATE BILL 50 21
13.E. UPDATE OF DISCUSSIONS WITH CITY OF VERO BEACH ("CITY") REGARDING
WATER / WASTEWATER SERVICE TO UNINCORPORATED AREAS OF THE COUNTY 23
14. COMMISSIONER ITEMS 24
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN 24
14.A.1. DISCUSSION REGARDING INDIAN RIVER COUNTY FERTILIZER ORDINANCE 25
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 26
14.C. COMMISSIONER PETER D. 0 BRYAN 26
14.C.1. UPDATE ON THE INDIAN RIVER COUNTY ACTION PLAN FOR THE INDIAN RIVER
LAGOON 26
14.C.2. CONNECTED 4 KIDS / 2-1-1 FAMILY RESOURCE GUIDE 27
14.C.3. SAFESPACE WALK A MILE IN HER SHOES CHALLENGE 27
14.C.4. IMPLEMENTATION OF NEW FERTILIZER ORDINANCE 27
14.D. COMMISSIONER BOB SOLARI - NONE 29
14.E. COMMISSIONER TIM ZORC 29
14.E.1. PRESENTATION BY THE GENEALOGY SOCIETY OF INDIAN RIVER COUNTY 29
14 E 2 BEST VALUE PROCUREMENT 30
15. SPECIAL DISTRICTS AND BOARDS 31
15.A. EMERGENCY SERVICES DISTRICT - NONE 31
15.B. SOLID WASTE DISPOSAL DISTRICT 31
15.B.1. APPROVAL OF MINUTES JULY 17, 2013 SWDD BUDGET WORKSHOP 31
15.B.2. FINAL PAY FOR GEOSYNTEC WORK ORDER No. 6 - ENGINEERING AND
CONSTRUCTION SUPPORT SERVICES FOR THE LANDFILL EXPANSION PROJECT 32
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 32
September 10, 2013 5
BK 144 PG 262
16. ADJOURNMENT
September 10, 2013
6
32
BK 144 PG 263
JEFFREY R. SMITH
Clerk to the Board
September 10, 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, September 10, 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 T. Reingold, and Deputy
Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Solari led the Pledge of Allegiance to the Flag.
September 10, 2013 1
BK 144 PG 264
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
-NONE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION RECOGNIZING THE MONTH OF
SEPTEMBER 2013 AS HUNGER A CTION MONTH
Commissioner O'Bryan read and presented the Proclamation to Krista Garafalo, Chief of
Public Relations and Strategy Officer for the Treasure Coast Food Bank.
Ms. Garofalo provided details about the Treasure Coast Food Bank, and presented the
Board with a Ruby Tuesday restaurant flier that describes the Community Give Back Program,
and a September calendar that identifies 30 Ways in 30 Days to help the domestic hunger -relief
charity, "Feeding America" (fliers on file).
6. APPROVAL OF MINUTES
6.A. MEETING OF JULY 17, 2013 BUDGET WORKSHOP
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
OK 1134 PG 265
September 10, 2013 2
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Budget Workshop Meeting minutes of July
17, 2013, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. VACANCY ON THE TOURIST DEVELOPMENT COUNCIL FOR A PERSON
INTERESTED IN TOURISM DEVELOPMENT /NOT AN OWNER OF HOTEL /
MOTEL /TOURISTACCOMMODATIONS
Noted for the record was the vacancy on the Tourist Development Council, subsequent to
the resignation of Ursula A. Gunter, effective immediately.
7.B. SCHOOL DISTRICT OF INDIAN RIVER COUNTY APPOINTMENT OF
ALTERNATE TO COUNTY PLANNING AND ZONING COMMISSION
Noted for the record was the resignation of Jeffrey Pegler, District 2 School Board
Member, and the appointment of Matthew McCain, a non-voting Alternate on the County's
Planning and Zoning Commission.
7. C. CITY OF SEBASTIAN, ORDINANCE No. 0-13-04 - ANNEXATION FOR LAND
CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD
DIXIE HIGHWAY, LYING WEST OF THE FEC. RAILROAD, IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
September 10, 2013 3
BK 144 PG 266
7.D. CITY OF SEBASTIAN, ORDINANCE No. 0-13-07 - ANNEXATION FOR LAND
CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S.1
AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY, IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AUGUST 9, 2013 TOAUGUST15, 2013
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
list of Warrants and Wires issued by the Comptroller's
Office for the time period of August 9, 2013 to August 15,
2013, as requested in the memorandum of August 15,
2013.
8.B. APPROVAL OF WARRANTS AUGUST 16, 2013 TOAUGUST22, 2013
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
list of Warrants and Wires issued by the Comptroller's
Office for the time period of August 16, 2013 to August
22, 2013, as requested in the memorandum of August 22,
2013.
8K 144 PG 267
September 10, 2013 4
8.C. APPROVAL OF WARRANTS - AUGUST 23, 2013 TO AUGUST 29, 2013
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
list of Warrants and Wires issued by the Comptroller's
Office for the time period of August 23, 2013 to August
29, 2013, as requested in the memorandum of August 29,
2013.
8.D. PROCLAMATION AND RETIREMENT AWARD HONORING DENNIS A.
KOERNER ON His RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT
DEPARTMENT/BUILDING DIVISION FOR SEVENTEEN YEARS OF SERVICE
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Proclamation and Retirement Award honoring Dennis A.
Koerner on his retirement from the Community
Development Department / Building Division.
B.E. PROCLAMATION AND RETIREMENT AWARD HONORING JOHN C.
FREEMAN ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE
RESCUE FOR THIRTY-FIVE YEARS OF SERVICE
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Proclamation and Retirement Award honoring John C.
September 10, 2013 5
BK 144 PG 2.68
Freeman on his retirement from Emergency Services / Fire
Rescue.
8.F. RESOLUTION CANCELLING TAXES ON PROPERTYACQUIRED VIA
PROPERTY EXCHANGE BY INDIAN RIVER COUNTY FROM KAH
DEVELOPMENT CORPORATION FOR RIGHT-OF-WAY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-084, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(8th Court SW / Murphy Act / Road Right-of-way
Reservation / KAH Development Corporation)
8.G. CONSIDERATION OF INDIAN RIVER COUNTY'S 2013 SHIP PROGRAM
ANNUAL REPORTS
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute the State Housing
Initiatives Partnership Program (SHIP) Annual Reports, as
recommended in the memorandum of August 27, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
BKI44PG269
September 10, 2013 6
8.H. APPROVAL OF WORK ORDER No. GFA -3 WITH GFA INTERNATIONAL,
INC. FOR CONSTRUCTION TESTING SERVICES FOR THE PC SOUTH
NUTRIENT RECOVERY FACILITY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Work Order No. GFA -3 with GFA International, Inc., in
an amount not -to -exceed $47,850, for construction testing
services during construction of PC South Algal Nutrient
Removal Facility, as recommended in the memorandum of
August 7, 2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.I. 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 OLD DIXIE HIGHWAY FROM IRFWCD
NORTH RELIEF CANAL TO 71ST STREET - IRC PROJECT NO. 1302, FM
429566-1-588-01
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher the Board unanimously approved
Resolution 2013-085, authorizing the Chairman's
execution of a small County Outreach Program Agreement
for construction (resurfacing) and construction
engineering inspection (CEI) services of Old Dixie
Highway from Indian River Farms Water Control District
(IRFWCD) North Relief Canal to 71St Street.
September 10, 2013 7
BK 144 PG 270
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1 CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR 60
TO NORTH OF 57TH STREET, AMENDMENT NO. 14, IRC PROJECT No. 0545
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Amendment No. 14,
authorizing professional services, in an amount not -to -
exceed $6,715.00, as recommended in the memorandum
of August 23, 2013.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. 2013-2014 STATE OF FLORIDA DEPARTMENT OF HEALTH CONTRACT
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher the Board unanimously approved the
2013-2014 contract with the State of Florida Department
of Health for Operation of the Indian River County Health
Department, as recommended in the memorandum of
September 3, 2013.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 10, 2013 8
BK 144 PG 211
8.L. APPROVAL OF BID AWARD FOR IRC BID No. 2014002 ANNUAL BID FOR
CLEANING SERVICES AT UTILITY OPERATIONS CENTER
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously: (1) approved
the bid award to W&G Maintenance of Palm Bay, as the
lowest responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; (2)
authorized the Purchasing Division to issue blanket
purchase orders for the period of October 1, 2013 through
September 30, 2014, to the recommended bidder; and (3)
authorized the Purchasing Manager to renew this bid for
two (2) additional one (1) year periods subject to
satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best
interest of Indian River County, all as recommended in the
memorandum of August 30, 2013.
8.M. CONSIDERATION OF NEW FIVE YEAR AGREEMENT BETWEEN INDIAN
RIVER COUNTY AND THE INDIAN RIVER COUNTY SENIOR RESOURCE
ASSOCIATION, INC. FOR PROVISION OF MASS TRANSIT SERVICE
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute the Agreement for
Mass Transit Service Provision with the Indian River
County Senior Resource Association Inc. as
recommended in the memorandum of August 28, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 10, 2013 9
BK 144PG272
8.N. AMENDMENT TO WORK ORDER No. 2 INDIAN RIVER AERODROME
SUBDIVISION INDIAN RIVER COUNTY PROJECT No: UCP 4100 TO RETAIN
SURVEYING SERVICES WITH INDIAN RIVER SURVEY, INC.
Fannie Hipe Aerodrome resident, said she and many of her neighbors did not want the
County to supply water service to their neighborhood.
Irene Linton -Smith, Aerodrome resident, did not want water brought into the Indian
River Aerodrome Subdivision; she preferred using well water.
Luisa Mariani, Aerodrome resident, did not want County water brought into the
Aerodrome at this time.
After a brief discussion between the Board and staff advising the Aerodrome residents
that their concerns were premature and that they would be given an opportunity to express their
opinion and desires, the Board made the following motion.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Amended Work Order
No. 2 with Indian River Survey, Inc., (not MBV
Engineering, Inc.) for professional services, as
recommended in the memorandum of August 26, 2013.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
BK 144 PG 273
September 10, 2013 10
8.0. AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT
WITH AT&T
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
First Amendment to Elevated Water Tank Space License
Agreement with New Cingular Wireless PCS, LLC (aka
Bellsouth Mobility), for radio tower rents, and authorized
the Chairman to execute the attached lease, as
recommended in the memorandum of August 20, 2013.
AMENDMENT ON FILE 1N THE OFFICE OF THE CLERK TO THE BOARD
8.P. MISCELLANEOUS BUDGET AMENDMENT 025
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-086, amending the fiscal year 2012-2013
Budget.
8.0. MISCELLANEOUS BUDGET AMENDMENT 026
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-087, delegating authority to the County
Administrator, the Assistant County Administrator or the
Director of the Office of Management & Budget or their
designee to execute all documents necessary to amend the
September 10, 2013 11
8K I 4 4 PG 274
fiscal year 2012-2013 Budget during the period
commencing November 14, 2013, through and including
November 30, 2013.
8.R. WEST WABASSO SEWER AND DRAINAGE IMPROVEMENTS PHASE I
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved:
(1) Change Order No. 1 (2) the release of retainage in the
amount of $37,961.35; (3) the total cost of the project of
$828,446.47; and (4) payment of Pay Application No. 6 —
FINAL for $107,180.82. The payment of $107,180.82 to
Mancil's Tractor Service, Inc. will release the County's
obligation to the Contractor, as recommended in the
memorandum of August 23, 2013.
8.S. APPROVAL OF BID AWARD FOR IRC BID # 2014001 HARRIS FX
SOFTWARE SERVICES, DEPARTMENT OF EMERGENCY SERVICES
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute the bid award to
Communications International, Inc. as the lowest most
responsive and sole bidder meeting the specifications as
set forth in the Invitation to Bid, as recommended in the
memorandum of August 19, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
BK 144 PG 275
September 10, 2013 12
8.T. APPROVAL FOR RENEWAL OF LEASE AGREEMENT WITH YOUTH
GUIDANCE DONATION FUND OF INDIAN RIVER COUNTY, INC. FOR
OFFICE SPACE
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-088, approving a Community Interest
First Amended Lease Agreement with the Youth Guidance
Donation Fund of Indian River County, Inc., for County
owned property at 1028 20th Place.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.II. APPROVAL OF LICENSE AGREEMENT WITHHYDROMENTIA, INC. FOR THE
PCSOUTH ALGAL NUTRIENT RECOVERY FACILITY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
License Agreement with Hydromentia, Inc., to construct
the PC South Algal Nutrient Removal Facility, in the
amount of $190,000, as recommended in the
memorandum of August 26, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 10, 2013 13
BK 144 PG 276
8.V. AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE A RENEWAL
AGREEMENT WITH HM HIGHMARK LIFE INSURANCE FOR THE COUNTY'S
EXCESS LOSS/REINSURANCE POLICY
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously authorized the
County Administrator to execute the renewal agreement
for the Renewal Option with HM Highmark Life
Insurance for the County's Excess Loss/Reinsurance
Policy for fiscal year 2013-2014, as recommended in the
memorandum of September 4, 2013.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S) - NONE
10.B.
PUBLIC DISCUSSION ITEMS - NONE
10.C.
PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER I, 2013
10. C.I.A. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE POLICY
S. 7 OF THE POTABLE WATER SUB ELEMENT AND POLICY 5.8 OF THE
SANITARY SEWER SUB ELEMENT OF THE COUNTY'S COMPREHENSIVE
PLAN (LEGISLATIVE)
September 10, 2013
14
BK 144 PG 277.
0
10. C.1.B. ROBERT WILLIAMS' REQUEST TO REZONE 0.15 ACRES FROM RS -6 TO
RM -6 (QUASI JUDICIAL)
Attorney Reingold read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF RESIDENTIAL DECIBEL LEVEL THRESHOLDS IN
THE COUNTY'S NOISE AND VIBRATION CONTROL ORDINANCE (LDR
CHAPTER 974) AS APPLIED TO OUTDOOR MECHANICAL EQUIPMENT
Chief of Environmental Planning and Code Enforcement Roland DeBlois, using a
PowerPoint presentation (on file) provided background information on a pending electrical pool
heater noise violation, at the residence of Charles and Lisa Fannin, that came before the Board of
County Commissioners on July 2, 2013. He provided an analysis on the sampling of central AC
outdoor units, how other jurisdictions address the noise regulation issues site-specific issues, and
possible alternatives. He recommended the Board not change the current decibel thresholds, but
direct staff to develop procedures to minimize potential noise disturbances from outdoor
mechanical equipment in planned developments and small -lot subdivisions with reduced
setbacks.
Discussion ensued among the Commissioners and staff regarding cost factors and
equipment efficiency; the County's Noise and Vibration Control Ordinance; the small lots and
likelihood of noise problems; possible solutions; and whether to change the ordinance.
Chairman Flescher opened the floor to public comments.
September 10, 2013 15
BK 144 PG 278
Lisa Fannin, 2820 Grand Isle Way, Millstone Landing, provided background and details
pertaining to the noise from her electric pool heater, her neighbor (Denise Kelly) who
complained about the noise, and the Code Enforcement Board violation. She explained why a
sound barrier cannot be built around the unit, believed the decibel limits in the ordinance are set
too low, expressed concerns on how this issue has impacted her family's quality of life, and
asked the Board to give resolution to this issue.
Stanford Erickson, Millstone Landing, informed the Board that if Ms. Fannin had spent
about $100 more (for a total of about $500), she would have had a quieter pool heater that meets
specifications.
Dan Lamson, 737 Timber Ridge Trail Executive Director of the Indian River
Neighborhood Association (IRNA), read a statement (on file) on behalf of the IRNA, supporting
staffs recommendation that the residential district decibel levels remain unchanged.
Warren Dill, Attorney representing Pat and Denise Kelly, noted that the pool heater is a
unit that does not turn off and on like an air conditioner, and is approximately two to three feet
from his client's property line (aerial map on file). He explained how the noise problem is
compounded by the small lots and the five to six-foot setbacks. He believed this to be a one
owner problem, not a County -wide issue; therefore, he encouraged the Board to accept staff's
recommendation to not change the residential district decibel thresholds currently in the
County's Noise and Vibration Control Ordinance (LDR Chapter 974), and allow staff to develop
rules to address this situation in the future.
Denise Kelly, 2830 Grand Isle Way, neighbor of Lisa Fannin, spoke about the stress of
hearing the constant nine -hour noise of her neighbor's pool heater. She said she had contacted
an acoustic engineer, and was told that: (1) the residential houses being so close together causes
the noise to bounce from house to house, and (2) installing a barrier wall would not work unless
BK 144 PG 279
September 10, 2013 16
it is totally enclosed. She felt the cheapest and most effective solution would be for the Fannin's
to move their pool heater.
Bob Johnson, Coral Wind Subdivision, felt the County has some responsibility in the
situation, and suggested waiving the additional costs for permitting if the solution is to move the
pool heater.
Mrs. Fannin said that she and her husband entertained the idea of installing a barrier
wall until they realized it would infringe on their neighbor's property line, and were told by the
County that even if they install it, their heater would not conform to the decibel limits.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously approved to
NOT change the residential district decibel thresholds
currently in the County's Noise and Vibration Control
Ordinance (LDR Chapter 974), but instead direct staff to
develop procedures to minimize potential noise
disturbance from outdoor mechanical equipment in
planned developments and small -lot subdivisions that
have reduced yard setbacks, as recommended in the
memorandum of August 29, 2013.
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
September 10, 2013 17
BK 144 PG 280
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12.G.1. QUARTERLY BUDGET REPORT
Management and Budget Director Jason Brown provided the third quarter Fiscal Year
2012-2013 Budget Report, as presented in his memorandum dated August 26, 2013 (pages 257
through 268 of the Agenda Packet).
12.H. RECREATION NONE
12.7. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES
12..1.1. DEVELOPER AGREEMENT FOR THE INSTALLATION OF ADDITIONAL
GRAVITY SEWER LINES INERCILDOUNE HEIGHTS SUBDIVISION- INDIAN
RIVER COUNTY PROJECT NO. UCP -4100
Director of Utility Services Vincent Burke provided background and analysis on the
Developer Agreement with Eric and Karen Johnson for the necessary improvements to bring
County sewer service to 7870 145th Street, in Ercildoune Heights Subdivision, Sebastian; and in
doing so also make County sewer service available to four additional parcels along 145th Street.
He asked the Board to approve the Developers Agreement and the recouping mechanism for the
four properties to the east of the Johnson's property.
BK 144PG281
September 10, 2013 18
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and authorized the Chairman to execute the Developers
Agreement for a total lump sum amount of $9,192.50, to
be reimbursed to the Developer, as recommended in the
memorandum of August 20, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called for a break at 10:23 a.m., and reconvened the meeting at 10:34
a.m., with all members present.
13. COUNTY ATTORNEY MATTERS
13.A. CITY OF FELLSMERE FIRE MARSHALL'S OFFICE
County Attorney Dylan Reingold provided an update from the August 20, 2013 Board of
County Commission meeting, and relayed that the staffs of the Emergency Services District (the
District), City of Fellsmere, Attorney Warren Dill, and himself were working together to resolve
this issue concerning the legality of the adopted legislation which established the Fellsmere Fire
Marshall's Office, and its undertaking of responsibilities/duties that should fall solely within the
District.
EXTENSION OF STATUTE OF LIMITATIONS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. CONSIDERATION OF PURCHASE OF SURPLUS STATE LAND - FORMER
INDIAN RIVER CORRECTIONAL INSTITUTE
Deputy County Attorney William DeBraal recapped his memorandum dated September
3, 2013, provided background from the August 20, 2013 Board of County Commission meeting
regarding the consideration to purchase the former Indian River Correctional Institute property
September 10, 2013 19
BK 144 PG 282
from the State of Florida, and the four issues that were raised at said meeting. He said the
appraisal recommends that 30 of the 34 buildings on site be demolished, and moving forward
with the purchase would require the County to pay for the environmental site assessment and the
asbestos evaluation; however, the State would give a credit on the purchase price if asbestos
needs to be removed before demolition. He asked the Board for direction on whether to proceed
with an asbestos inspection, and/or proceed with purchase of the Correctional Institute property.
The Board discussed the issues of asbestos, the cost of demolishing and removing the
buildings, ongoing maintenance, the site being currently zoned as Agricultural, and the proposed
interchange at I-95 and Oslo Road.
Commissioner Solari wanted staff to inform the US Department of Transportation that
they should consider purchasing the land now because it may be cheaper than what they can get
rt for in the future (for the interchange). He did not wish for staff to pursue further efforts to
purchase the property.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher the Board unanimously approved to:
(1) not proceed with the asbestos inspection; and (2) not
purchase the Indian River Correctional Institute property.
13. C. PROPOSED RESOLUTION AMENDING THE DESIGNATION OF CODE
ENFORCEMENT OFFICERS AND THE SCHEDULE OF PENALTIES AND
NOTIFICATION TIME FRAMES FOR CODE VIOLATIONS
Attorney Reingold recalled that on August 20, 2013, the Board adopted Fertilizer
Ordinance 2013-012, and designated a Public Works employee to be the individual responsible
for education and enforcement. He recommended that the Commissioners consider adopting an
amendment to the original code enforcement resolution (Resolution 92-59), to incorporate the
8K 144 PG 283.
September 10, 2013 20
enforcement of the ordinance into the designation of Code Enforcement Officers and the
schedule of penalties and notification time frames for code violations.
Commissioner O'Bryan suggested increasing the "Fertilizer Content/Application
Violation" and the "Grass Clippings/Debris Violation" fines from $50 to $100.
The Board discussed violations, habitual offenders, and education.
Commissioner Solari wanted the first offense fine to be set at $50, and $100 for each
subsequent offense for the following violations: "Timing of Fertilizer Application," "Fertilizer -
Free Zone," "Fertilizer Content/Application," "Application Practices," and Grass Clippings/
Debris." He also requested that the "Commercial License/Certification" violation fine remain at
$500.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously approved:
Resolution 2013-089, amending the designation of Code
Enforcement Officers and the Schedule of Penalties and
Notification Time Frames for code violations, set forth in
Resolution No. 92-59, to include enforcement of Chapter
316, Fertilizer and Landscape Management.
13.D. RULES AND POLICIES REGARDING REASONABLE OPPORTUNITY TO BE
HEARD, PER SENATE BILL 50
Attorney Reingold recapped the contents of his memorandum dated August 30, 2013,
relating to the rules and policies governing the public's reasonable opportunity to be heard on a
proposition before the Board of County Commissioners, consistent with Section 286.0114,
Florida Statutes, which goes into effect on October 1, 2013. He urged the Board to adopt the
draft Resolution establishing policies pertaining to the public's opportunity to be heard at
September 10, 2013 21
BK 144 PG 284
meetings, authorize his office to draft an ordinance, and notice a public hearing concerning the
rules and policies so they are formally adopted into the Indian River County Ordinance Code,
which will be applicable to all County Boards and Committees.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to approve staff's
recommendation.
The Commissioners debated the appropriate time for the public to make their request to
speak on Consent Agenda items.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Chairman Flescher, to approve:
(1) Resolution 2013-090, establishing rules and policies
governing opportunities for members of the public to be
heard on propositions before the Board in compliance with
Section 286.0114, Florida Statutes; encouraging all other
County Boards to adopt these rules and policies, repealing
any contrary Resolution; and (2) that the Board will
provide an opportunity for public comment prior to taking
action on the Consent Agenda.
Following the amended motion, there was a brief discussion.
The Chairman CALLED THE QUESTION and the
amended motion carried unanimously.
BK l44PG285
September 10, 2013 22
13.E. UPDATE OF DISCUSSIONS WITH CITY OF VERO BEACH ("CITY")
REGARDING WATER / WASTEWATER SERVICE TO UNINCORPORATED
AREAS OF THE COUNTY
Attorney Reingold invited former Indian River County Attorney Alan Polackwich to
address the Board regarding the communications and negotiations he had with the City of Vero
Beach (City) regarding their water and wastewater facilities.
Alan Polackwich, former Indian River County Attorney, reviewed the memorandum he
prepared before he retired, dated August 1, 2013. He provided background and analysis on the
water and sewer service in the unincorporated areas of the County, and the 30 -year Franchise
Agreements that the County entered into with the City in 1987, to serve unincorporated areas
(the south barrier island and isolated areas adjacent to the City on the mainland). He explained
the details of his communications and negotiations with the City because he felt that it was
important to transfer the information so the Commissioners could make a well-informed decision
on whether the City should keep serving the unincorporated areas. He noted that the Franchises
will expire in March of 2017, and recommended that the City keep serving the unincorporated
areas and charge County rates, but with the City reducing its equalization fee to 3%, and the
County reducing its franchise fee to 3%.
Following a lengthy discussion, Commissioner Solari suggested adding a provision to the
Agreement that if the City stops giving County rates, and reverts to higher rates, that the County
would have clear rights to take over service to the unincorporated areas, as well as the
infrastructure.
Attorney Polackwich replied that should the City charge rates different than what the
Agreement requires, it would be a breach of contract.
September 10, 2013 23
144 PG 286
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to approve: (1) that
the City keep serving the unincorporated areas, charging
County rates, but with the City reducing its equalization
fee to 3% and the County reducing its franchise fee to 3%;
(2) adding safeguards to the Agreement; and (3) that the
appropriate individuals make a presentation to the City
Council.
Vice Chairman Davis said he would like to know who owns the infrastructure.
Commission Solari said he could ask the County Attorney to add that to the Agreement, but was
sure it would get kicked -back from the City.
MOTION WAS AMENDED by Commissioner Solari
SECONDED by Chairman Flescher, to approve: (1) that
the City keep serving the unincorporated areas, charging
County rates, but with the City reducing its equalization
fee to 3% and the County reducing its franchise fee to 3%;
(2) adding safeguards to the Agreement; (3) that the
appropriate individuals make a presentation to the City
Council; and (4) adding a paragraph to the Agreement that
shows who owns what infrastructure.
The Chairman CALLED THE QUESTION and the
amended Motion carried unanimously.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN
BIt144PG287
September 10, 2013 24
14.A.1. DISCUSSIONREGARDING INDIAN RIVER COUNTY FERTILIZER
ORDINANCE
Chairman Flescher requested fellow Commissioners to review the Indian River County
Fertilizer Ordinance's impact and how it relates to existing ordinances that have been passed in
other municipalities within the County. He wanted to encourage municipalities to revisit their
ordinances and show the fertilizer distributors that Indian River County and all the municipalities
are on board for recovering the Lagoon. He asked for Board approval to send the draft letter on
page 305 of the Agenda Packet to all the municipalities who have moved forward with an
ordinance.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Flescher, to send the
Chairman's letter, a copy of Ordinance 2013-012, and
bullet points of the fertilizer requirements in English and
in Spanish, to all Council Members of municipalities
within the County.
There was a brief discussion regarding a change to the letter, whereby the Ordinance will
be applicable to only the unincorporated areas of the County.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Chairman Flescher, to modify the letter
to read that the County's Ordinance is only applicable in
the unincorporated areas of Indian River County.
Attorney Reingold confirmed the motion. He said he would get a public hearing and
notice ready for the October 1, 2013 Board of County Commission meeting.
Bob Bruce, 12396 Highway Al A, asked that the letter be sent out as soon as possible.
September 10, 2013 25
BK 144 PG 288
Dan Lamson requested that the letter be sent as soon as possible, and felt this would help
to unify the municipalities.
Attorney Reingold suggested deleting the second sentence in the draft letter and
combining the two paragraphs into one, to resolve the issue quickly and efficiently.
Commissioners Flescher and Solari agreed to restructuring the letter as suggested.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved: (1)
sending the Chairman's letter, a copy of Ordinance 2013-
012, and with the bullet points of the fertilizer
requirements in English and in Spanish to all Council
Members; and (2) modifying the letter to read that the
Ordinance is only applicable to the unincorporated areas
of Indian River County.
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN NONE
14. C. COMMISSIONER PETER D. O'BRYAN
14. C.1. UPDATE ON THE INDIAN RIVER COUNTY ACTION PLAN FOR THE INDIAN
RIVER LAGOON
Commissioner O'Bryan provided a brief update on some of the activities of the Indian
River County Action Plan for the Indian River Lagoon.
B( 144 PG 289
September 10, 2013 26
14. C.2. CONNECTED 4 KIDS /2-1-1 FAMILY RESOURCE GUIDE
Commissioner O'Bryan introduced and provided an update on Connected 4 Kids, and the
2-1-1 Family Resource Guide.
Althea McKenzie, 4876 30th Avenue, stressed that Connected 4 Kids is a great resource
for families, but was concerned about the age group of 13 through 19 having limited resources in
the County. She suggested that a community partnership be formed to examine this situation.
14. C.3. SAFESPACE WALK A MILE IN HER SHOES CHALLENGE
Commissioner O'Bryan challenged the Board, County Attorney, and County
Administrator to participate in the SafeSpace Walk a Mile in Her Shoes cause, when the
Proclamation is read at the Board of County Commissioners meeting on Tuesday, October 1St,
and for the SafeSpace Walk event scheduled for Saturday, October 26th
14. C.4. IMPLEMENTATION OF NEW FERTILIZER ORDINANCE
Commissioner O'Bryan brought forth a situation that involves John Deere, Landscapes,
Inc., a local retailer/distributor, who supplies most of the commercial landscape operations in
Indian River County and has approximately 100 tons of residential fertilizer in stock that will be
out of compliance when the Fertilizer Ordinance goes into effect in October. He explained why
the 50% slow release nitrogen requirement would hurt their business, and asked that the Board
consider three options: (1) do nothing, (2) reimburse the company for shipping costs to Counties
within the State that do not have an Ordinance (about $5,000), or (3) modify the ordinance so
that effective October 14th all nitrogen products will require a 25% slow release nitrogen
formula, and effective June 1st all products will require 50%.
September 10, 2013 27
BK1144 PG 290
The Commissioners discussed tweaking the ordinance for one corporation, when the
effective date should start for the 50% slow release nitrogen requirement, and ordinance
compliance. They commended Commissioner O'Bryan for taking a realistic approach to ensure
that the Board would not do more damage to the people or environment, than what otherwise
could have been.
Bob Bruce suggested the Board send a letter to the Florida Department of Environmental
Protection, to explain the situation, and the Board's concerns for local businesses.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
to modify Ordinance 2013-012, stating that effective
October 14, 2013, all nitrogen content fertilizer will
contain a minimum of 25% slow release nitrogen; and
effective June 1, 2014, said product will require 50% slow
release nitrogen.
Attorney Reingold said he would incorporate this change, and bring the amendment to
the Board on October 1, 2013 for approval.
A brief discussion ensued between the Board and staff regarding the Chairman's letter
and the bullet points that will be sent to Council Members.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
Commissioner O'Bryan announced that soil testing can be done at John Deere
Landscapes, Inc , and Commissioner Solari expressed that the University of Florida Institute of
Food and Agriculture Sciences offers a soil test that provides a computerized printout.
BK 144PG291
September 10, 2013 28
14.D. COMMISSIONER BOB SOLARI - NONE
14.E. COMMISSIONER TIMZORC
14.E.1. PRESENTATION BY THE GENEALOGY SOCIETY OF INDIAN RIVER
COUNTY
Commissioner Zorc requested Board consideration in hosting an event by the Genealogy
Society of Indian River County, presenters from the Historical Society, and other individuals that
would provide a unique historic educational perspective on the County on Tuesday, October 15,
2013 from 5:00 p.m. to 7:00 p.m., at the Indian River County Administration Building "A," in
the Commission Chambers, which will be open to the public.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher, authorizing
Commissioner Zorc to host an event by the Genealogy
Society of Indian River County, on Tuesday, October 15,
2013 from 5:00 p.m. to 7:00 p.m., at the Indian River
County Administration Building "A" in the Commission
Chambers, as requested in the memorandum of August 26,
2013.
Commissioner Solari felt the Board should be consistent in applying a rental fee to
organizations for use of the facility.
A lengthy discussion ensued among the Board and staff regarding the details of the event,
the policy of charging a rental fee for using the facility, whether to charge a rental fee for this
event, and whether staff would be needed for the event.
September 10, 2013 29
8K 144 PG 292
MOTION WAS AMENDED by Vice Chairman Davis,
SECONDED by Chairman Flescher to authorize
Commissioner Zorc to host said event at no charge, and
with no County staff.
Public Works Director Chris Mora conveyed that the lobby doors are set to lock at a
certain time, and if the meeting ended after that time, a staff member would need to stay.
Commissioner Zorc anticipated that everyone would be out of the building by 7:00 p.m.,
and Director Mora replied that additional staff time would not be required.
The Chairman CALLED THE QUESTION and the
amended motion carried by a 4-1 vote (Commissioner
Solari opposed). The Board approved to allow
Commissioner Zorc to host an event by the Genealogy
Society of Indian River County, on Tuesday, October 15,
2013 from 5:00 p.m. to 7.00 p.m., at the Indian River
County Administration Building "A" in the Commission
Chambers at no charge, and with no County staff.
14.E.2. BEST VALUE PROCUREMENT
Commissioner Zorc said he had not heard of "Best Value Procurement" until the Board
went through the County Attorney interview process, when two applicants revealed that this is a
tool used in examining how purchasing in Procurement is done for County purposes. He
explained the process and suggested the County Attorney review the details to see if it might be
something the Board should consider implementing.
Commissioner Solari felt it would be helpful to obtain a copy of Polk County's staff
report for evaluation.
BK 144 PG 293
September 10, 2013 30
Administrator Baird expressed his concerns, and asked that his staff be involved in the
evaluation process.
Commissioner Zorc said the process would only apply to anticipated projects of large
scale.
Discussion ensued regarding the evaluation process, and staff articulating to the Board
how this would affect the cost of a project.
Administrator Baird said that staff would explore this and report back to the Board.
Commissioner O'Bryan asked Administrator Baird to also check out the ISO 9000
compliance standards.
NO ACTION REQUIRED OR TAKEN
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Board reconvened as the Board of Commissioners of the Solid Waste District.
Those Minutes are available separately.
15.B.1. APPROVAL OF MINUTES JULY 17, 2013 SWDD BUDGET WORKSHOP
September 10, 2013 31
BK 144 PG 294
1 S.B.Z. FINAL PAY FOR GEOSYNTEC WORK ORDER No. 6 - ENGINEERING AND
CONSTRUCTION SUPPORT SERVICES FOR THE LANDFILL EXPANSION
PROJECT
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
(Clerk's Note: After the Solid Waste Disposal District meeting, the Board invited Bob
Bruce back to the podium to discuss his item.)
Bob Bruce informed the Board that there was going to be a "Hands Across the Lagoon"
rally on September 28th, from 9:00 a.m. to 10:00 a.m. at the Wabasso Causeway. He voiced
safety concerns over County staff not wanting to close the bridge for this event, and asked the
Board to coordinate the situation with himself or Holly Dill, Executive Director of the
Environmental Learning Center.
Chairman Flescher encouraged Mr. Bruce to contact the Florida Department of
Transportation since the Board has no authority to close the bridge.
Administrator Baird informed Mr Bruce that he would meet with the Sheriff to see if the
traffic could be stopped for about 15 minutes, and the Chairman mentioned that he would work
with Administrator Baird to see what can be done to make it happen.
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
September 10, 2013 32
BK 144 PG 295
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
12:59 p.m.
ATTEST:
J
Clerk
erk of Circuit Court and Comptroller
Minutes Approved: OCT 1 5 2013
BCC/LA/2013Minutes
Zogn
Joseph E Flescher, Chairman
September 10, 2013 33
BM 144 PG 296