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October 15, 2013 Page 1 of 5 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY COMMISSIONERS Joseph E. Flescher, Chairman District 2 Joseph A. Baird, County Administrator Wesley S. Davis, Vice Chairman District 1 Dylan Reingold, County Attorney Peter D. O’Bryan District 4 Jeffrey R. Smith, Clerk to the Board Bob Solari District 5 Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Reverend Shelly Satran, Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating the Month of October, 2013 as National Arts and Humanities Month 1 B. Presentation of Highlights From the Final Report on the “Regional Economic Benefits of the Sebastian Inlet” by Sebastian Inlet District Commissioner Beth Mitchell and Sebastian Inlet District Administrator Marty Smithson --- County Commission Chamber Indian River County Administration Complex 1801 27 th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com TUESDAY, OCTOBER 15, 2013 - 9:00 A.M.

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Page 1: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

October 15, 2013 Page 1 of 5

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

C O M M I S S I O N A G E N D A

COUNTY COMMISSIONERS

Joseph E. Flescher, Chairman District 2 Joseph A. Baird, County AdministratorWesley S. Davis, Vice Chairman District 1 Dylan Reingold, County AttorneyPeter D. O’Bryan District 4 Jeffrey R. Smith, Clerk to the BoardBob Solari District 5 Tim Zorc District 3

1. CALL TO ORDER 9:00 A.M. PAGE

2. INVOCATION

Reverend Shelly Satran, Our Savior Lutheran Church

3. PLEDGE OF ALLEGIANCE

Commissioner Joseph E. Flescher, Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation of Proclamation Designating the Month of October, 2013 as National Arts and Humanities Month 1

B. Presentation of Highlights From the Final Report on the “Regional Economic Benefits of the Sebastian Inlet” by Sebastian Inlet District Commissioner Beth Mitchell and Sebastian Inlet District Administrator Marty Smithson ---

County Commission Chamber Indian River County Administration Complex

1801 27th Street, Building A Vero Beach, Florida, 32960-3388

www.ircgov.com

TUESDAY, OCTOBER 15, 2013 - 9:00 A.M.

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October 15, 2013 Page 2 of 5

5. PROCLAMATIONS AND PRESENTATIONS PAGE

C. Presentation on 2014 Shooting Industry Masters Tournament to be hosted by Indian River County at the Indian River County Shooting Range by Michael Zito, Assistant County Administrator, Indian River County ---

6. APPROVAL OF MINUTES

A. Regular Meeting of September 10, 2013

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION

A. The Florida Forest Service’s 2013 Annual Fire Management Report for District 16 – Indian River County is on file in the Office of the Clerk to the Board ---

B. Resignation of Ms. Karen Swanson, District 3 Appointee to the Children’s Services Advisory Committee (CSAC) (memorandum dated October 8, 2013) 2-3

C. Office of Economic and Demographic Research Finalized Salaries for Fiscal Year 2013-14 (memorandum dated October 9, 2013) 4-7

8. CONSENT AGENDA

A. Approval of Warrants – September 27, 2013 to September 30, 2013

(memorandum dated September 30, 2013) 8-11 B. Approval of Warrants – October 1, 2013 to October 3, 2013)

(memorandum dated October 3, 2013) 12-19 C. Interfund Borrowing

(memorandum dated October 9, 2013) 20-21

D. Approval of Renewal Agreement with Sheriff’s Office for Use of the Indian River County Public Shooting Range (memorandum dated September 30, 2013) 22-24

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

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October 15, 2013 Page 3 of 5

10. PUBLIC ITEMS PAGE

A. PUBLIC HEARINGS

1. Tax Equity Fiscal Responsibility Act (TEFRA) Public Hearing Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds (memorandum dated October 8, 2013) 25-39

Administrative

B. PUBLIC DISCUSSION ITEMS

None

C. PUBLIC NOTICE ITEMS

1. Notice of Scheduled Public Hearing October 22, 2013: Public Notice of Public Hearing Scheduled for October 22, 2013 to Consider Amending Chapter 313 (Merchandising of Tobacco Products) of the Indian River County Code with regard to Electronic Nicotine Delivery Devices (memorandum dated October 8, 2013) 40

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

None

B. Emergency Services

None

C. General Services

None

D. Human Resources

None

E. Human Services

None

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October 15, 2013 Page 4 of 5

12. DEPARTMENTAL MATTERS PAGE

F. Leisure Services

None

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

None

J. Utilities Services

None

13. COUNTY ATTORNEY MATTERS

None

14. COMMISSIONERS ITEMS

A. Commissioner Joseph E. Flescher, Chairman

None

B. Commissioner Wesley S. Davis, Vice Chairman

None

C. Commissioner Peter D. O’Bryan

None

D. Commissioner Bob Solari

1. Response to Mr. Busha Letter of 9-30-13 (memorandum dated October 15, 2013) 41-46

E. Commissioner Tim Zorc

None

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October 15, 2013 Page 5 of 5

15. SPECIAL DISTRICTS AND BOARDS PAGE

A. Emergency Services District

None

B. Solid Waste Disposal District

None

C. Environmental Control Board

None

16. ADJOURNMENT

Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s 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.

Page 6: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2013 AS

NATIONAL ARTS AND HUMANITIES MONTH

WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities and states across the country, as well as by the White House and Congress for more than a decade, and

WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect and imagination of humankind; and

WHEREAS, the arts and humanities play a unique role in the lives of our families , our communities and our country; and

WHEREAS, the cultural arts industry also strengthens our local economy by producing $346 million in goods and services, $3.6 million in Florida Sales Tax, $500,000 in Indian River County Sales Tax, and $11 .8 million in Indian River County Property tax in total economic activity annually and by supporting the full-time equivalent of 1, 769 jobs earning $59 million.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2013 be designated as NATIONAL ARTS AND HUMANITIES MONTH in Indian River County and call upon our citizens to celebrate and promote the arts and culture in our nation and to specifically encourage the greater participation by those said citizens in tak ing action for the arts and humanities in their towns and cit ies.

Adopted th is 151h day of October, 2013.

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA

~~~L ~cher, Chairman

..... ---/~=--z:/J.~ 6- ~

Wesley S. Davis, Vice Chairman r;) /) ~ \.-, i-;d:?t:v J_) c_\J~ Peter D 0 ' Bryan

:3d Jy~ Bob Solari

:di>= 1

Page 7: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

To:

Date:

Subject:

From:

October 15, 2013 INFORMATIONAL ITEMS

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

October 8, 2013

Resignation of Ms. Karen Swanson, District 3 Appointee to the Children's Services Advisory Committee (CSAC)

Laura E. Vasquez, Commissioner Assistant

Ms. Karen Swanson, District 3 Appointee to the Children's Services Advisory Council (CSAC) has tendered her resignation, effective immediately. Her term expires in January, 2017.

Anyone interested in serving on the Children's Services Advisory Committee and meets the requirements will need to submit an application and resume to Laura E. Vasquez at the Board of County Commissioners Office, County Administration Building A. 1801 27'h Street, Vero Beach, FL 32960.

Applications can be accessed on-line at www.ircgov.com/boards/committee applications or the Board of County Commissioner's Office.

Attachment: Letter of Resignation.

encl/lev.

2

Page 8: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

October 8. 2013

Mr. Tim lore County Commissioner

Dear Tim,

Karen J. Swanson 2415 47th Avenue

Vero Beach, Florida 32966 772-633-8109

Please accept this letter as my resignation from the Children 's Services Advisory

Committee.

I sincerely appreciate your confidence in me and the fact that you offered me this position . However, at this time I am unable to give this position my full attention.

Thank you again,

yL_ Karen Swanson

cc: Brad Bernauer

3

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Jeffrey R. Smith Clerk of C ircuit Court and Comptroller Finance Department 1801 27'h Street, Building A Vero Beach, FL 32960

To: All County Commissioners (sent individually)

Date: October 02, 2013

Subject: I.R.C. Board of County Commissioners FY 2013-2014 Salaries

In the past we have provided you with our recommendation of payment for the final salaries for the Commissioners.

The new fiscal year salaries have been confirmed and will be $58,481.00 annually. In comparison to last year your annual salary increased $2,236.00.

FY1213 Salary $56,245.00

FY1314 Salary $58,481.00

Difference increase of$ 2,236.00

The state mandates that we pay a set amount of salary for each elected Commissioner. We calculate your base pay on the number of pay periods in each fiscal year. This year the total salary will be divided into 26 pay periods.

My recommendations to evenly distribute the new salary would be to have the first pay ( 1) @ $ 2,231.00. The remaining balance of $56,250.00 would then be divided into (25) equal pays of$ 2,250.00 for the remainder of the fiscal year.

The salary difference per pay period (last year vs. this year) would be as follows:

Bi-weekly Pay for FY 1213 Per Pay FY 1314 Difference

$ 2,145.00 x I pay $ 2,164.00 x 25 pays

$ 2,231.00 x 1 pay an increase of$ 86.00 $ 2,250.00 an increase of$ 86.00

Thank you,

~DilL 4/1/l ct~do Diane Bernardo Finance Director Clerk of Circuit Court

cc: Colleen Peterson, Human Resource Manager cc: Joe Baird, County Administrator cc: Ann Rankin, Benefits Administrator cc: Jason Brown, Budget Director cc: Stacy Faulkner, Human Resources Analyst

4

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Offtce of Economic and Demographic Research

Table 3

Finalized Salaries of Elected County Constitutional Officers and School District Officials for Fiscal Year 2013-14 I Pursuant to the Salary Formula in Chapter 145, Florida Statutes

See Table Notes for Additional Clarification r ··- I Elected County Constitutional Officers Elected School District Officials

" Clerk" of Property Tax S upeiVlsor County School School Board Coun!}t Clrcult,Court 1 Appraiser Collector of Elections S heriff Commissioners Stiperfntendent" Members Alachua c $ 131,234 $ 131,234 $ 131,234 $ 112,205 $ 140,149 $ 73,028 $ 131 ,234 $ 36,204 Baker e $ 99,222 $ 99,222 $ 99,222 $ 81 ,718 $ 108,137 $ 30,866 $ 99,222 $ 26,262 Bay e $ 124,695 $ 124,695 $ 124,695 $ 105,978 s 133,611 $ 64,202 $ 124,695 s 34,295 Bradford e $ 99,323 $ 99,323 $ 99,323 s 81 ,814 $ 108,238 $ 30,962 $ 99,323 $ 26,288 Brevard c $ 144,725 $ 144,725 $ 144,725 $ 125,055 $ 153,641 $ 85,878 $ 144,725 $ 39,773 Broward c $ 167,948 $ 167,948 $ 167,948 s 147,794 $ 176,863 $ 95,523 $ 167,948 s 42,455 Calhoun e $ 95,111 $ 95 111 $ 95,111 $ 77,802 $ 104,026 s 26,950 $ 95,111 s 25,174 Charlotte c $ 124,023 $ 124,023 $ 124,023 $ 105,338 $ 132,938 $ 63,049 $ 124,023 s 34,081 Citrus e $ 121,505 $ 121,505 $ 121,505 $ 102,940 $ 130,420 $ 58,733 $ 121,505 s 33,282 Clay c e $ 127,223 $ 127,223 $ 127,223 $ 108,385 $ 136,138 s 68,535 $ 127,223 $ 35,097 Collier s 136,789 s 136,789 $ 136,789 $ 117,496 $ 145,704 $ 78,319 $ 136,789 $ 37,673 Columbia c e s 108,331 s 108,331 $ 108,331 $ 90,393 $ 117,246 $ 42,725 $ 108,331 s 29,556 DeSoto e $ 101,719 $ 101 ,719 $ 101 ,719 s 84,096 $ 110,635 s 33,244 $ 101 ,719 s 26,922 Dixie e $ 95,665 $ 95,665 s 95,665 $ 78,330 s 104,580 s 27,478 $ 95,665 s 25,321 Duval c $ 151,949 $ 151 ,949 $ 151,949 s 131,934 $ 160,865 $ 92,757 $ 151,949 $ 41 ,686 Escambia e $ 134,760 s 134,760 $ 134 760 $ 115,564 s 143,676 $ 76,387 $ 134,760 $ 37,137 Flagler $ 116,203 $ 116,203 $ 116,203 $ 97,890 $ 125,118 s 50,222 $ 116,203 $ 31,640 Franklin e $ 94,071 $ 94,071 $ 94,071 s 76,812 $ 102,986 s 25,960 $ 94,071 $ 24,899 Gadsden e S 106,098 $ 106,098 s 106,098 s 88,267 s 115,014 s 37,415 $ 106,098 $ 28,080 Gilchrist e $ 95,881 $ 95,881 $ 95,881 $ 78,536 $ 104,797 $ 27,684 $ 95,881 $ 25,378 Glades e S 94,452 s 94,452 $ 94,452 s 77,175 $ 103,368 $ 26,323 s 94,452 $ 25,000 Gulf e S 95,534 s 95,534 $ 95,534 s 78,206 s 104,449 s 27,354 s 95,534 $ 25,286 Hamilton e S 95,176 s 95,176 $ 95,176 s 77,865 s 104,091 s 27,013 s 95,176 $ 25,191 Hardee e $ 99,497 $ 99,497 $ 99 497 $ 81 980 $ 108,413 $ 31 '128 $ 99,497 $ 26,334 Hendry e $ 102,964 $ 102 964 $ 102,964 $ 85,282 $ 111 ,880 $ 34,430 $ 102,964 $ 27,252 Hernando $ 125,109 $ 125,109 $ 125,109 $ 106,372 $ 134,025 $ 64,912 $ 125,109 $ 34,426 Highlands e S 116,683 $ 116,683 s 116,683 s 98,347 $ 125,598 $ 50,679 $ 116,683 $ 31,767 Hillsborough c $ 159,202 $ 159,202 $ 159,202 s 139,049 $ 168,118 s 95,523 $ 159,202 $ 42,455 Holmes e $ 96,897 $ 96,897 $ 96,897 s 79,504 $ 105,813 $ 28,652 s 96,897 $ 25,647 Indian River $ 121,358 $ 121,358 $ 121,358 $ 102,800 s 130,274 s 58,481 $ 121,358 $ 33,236 Jackson e S 106,881 s 106,881 $ 106,881 $ 89,012 $ 115,797 $ 38,160 $ 106,881 $ 28,287 Jefferson e $ 95,056 $ 95,056 $ 95,056 $ 77,751 $ 103,972 $ 26,899 $ 95,056 $ 25,160 Lafayette e S 93,112 $ 93,112 $ 93,112 $ 75,899 $ 102,028 $ 24,621 $ 93,112 s 24,291 Lake $ 134,771 $ 134,771 s 134,771 $ 115,575 $ 143 687 $ 76,398 $ 134,771 $ 37,140 Lee c $ 146,785 $ 146,785 $ 146,785 $ 127,016 $ 155,700 s 87,839 $ 146,785 $ 40,318 Leon c e $ 133,300 $ 133,300 $ 133,300 $ 114,173 $ 142,215 $ 74,996 $ 133,300 $ 36,751 Levy e $ 103,702 $ 103,702 $ 103,702 $ 85,985 $ 112,618 $ 35,133 $ 103,702 $ 27,447

Salanes for Ftscaf Year 2013-14 September 12. 2013

(II

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Off1ce of Econom1c and Demographic Research

Table 3

Finalized Salaries of Elected County Constitutional Officers and School District Officials for Fiscal Year 2013-14 Pursuant to the Salary Formula in Chapter 145, Florida Statutes

See Table Notes for Additional Clarification I;" - Elected County Constitutional 'Officers - Elected.Schoolllistrict Officials

Clerk of eroperty Tax Supervisor County School School Board

County Citcuit Court Appraiser Collector of Elections Sheriff Commissioners Superintimdent. Members

liberty e $ 93,064 $ 93,064 $ 93,064 $ 75,853 $ 101,979 $ 24,530 $ 93,064 $ 24,240 Madison e S 96,644 $ 96 644 $ 96,644 $ 79,263 $ 105,559 $ 28,411 $ 96,644 $ 25 ,580 Manatee s 136,819 $ 136,819 $ 136,819 $ 117,525 $ 145,735 $ 78,348 $ 136,819 $ 37,681 ' Marion e $ 136,999 $ 136,999 s 136,999 $ 117,696 $ 145,914 $ 78,519 s 136,999 s 37,729 Martin e $ 122,223 $ 122,223 $ 122,223 s 103,623 s 131,138 $ 59,963 $ 122,223 $ 33,510 ' Miami-Dade c $ 181,197 $ 181,197 $ 181,197 $ 161,043 $ 190,112 $ 95,523 $ 181,197 $ 42,455 Monroe $ 109,713 $ 109,713 $ 109,713 $ 91,709 $ 118,629 $ 44,042 $ 109,713 s 29.922 Nassau e $ 109,940 $ 109,940 $ 109,940 $ 91,925 $ 118,855 $ 44,258 s 109,940 $ 29,982 Okaloosa e $ 126,689 $ 126,689 s 126,689 $ 107,877 $ 135,604 $ 67,620 $ 126,689 s 34,928 Okeechobee $ 103,524 $ 103,524 $ 103,524 $ 85,815 $ 112,439 $ 34,963 $ 103,524 $ 27,399 Orange c $ 157,841 $ 157,841 $ 157,841 $ 137,687 $ 166,756 s 95,523 $ 157,841 $ 42,455 Osceola c $ 133,514 $ 133,514 $ 133,514 s 114,377 $ 142,429 $ 75,200 $ 133,514 s 36,807 Palm Beach c $ 160,549 $ 160,549 s 160,549 $ 140,396 $ 169,464 s 95,523 $ 160,549 $ 42,455 Pasco e S 143,008 s 143,008 $ 143,008 $ 123,419 $ 151 ,923 $ 84,242 $ 143,008 $ 39,318 Pinellas c $ 153,078 s 153,078 $ 153,078 $ 133,010 $ 161,994 s 93,833 $ 153,078 $ 41,985 Polk c $ 146,091 $ 146,091 s 146,091 s 126,355 $ 155,006 s 87,178 $ 146,091 $ 40,135 Putnam e $ 109,783 $ 109,783 $ 109,783 $ 91 ,776 $ 118,698 s 44,108 s 109,783 s 29,940 St. Johns $ 127,669 $ 127,669 $ 127,669 $ 108,810 $ 136,584 $ 69,299 $ 127,669 $ 35,238 St. lucie $ 133,480 $ 133,480 $ 133,480 $ 114,344 $ 142,395 $ 75,167 s 133,480 $ 36,798 Santa Rosa e S 123,135 $ 123,135 $ 123,135 $ 104,492 $ 132,050 $ 61,527 $ 123,135 $ 33,800 Sarasota c $ 140,387 $ 140,387 $ 140,387 $ 120,923 $ 149 303 $ 81,746 $ 140,387 $ 38 625 Seminole c $ 142,106 $ 142,106 $ 142,106 $ 122,560 $ 151,022 $ 83,383 $ 142,106 s 39,080 Sumter e S 116,984 $ 116,984 $ 116,984 $ 98,634 $ 125,900 $ 50,983 $ 116,984 $ 31,848 Suwannee e S 104,858 $ 104,858 $ 104,858 s 87,086 $ 113,774 $ 36,234 $ 104,858 $ 27,752 Taylor e $ 97,871 $ 97,871 $ 97,871 $ 80,432 $ 106,787 $ 29,580 $ 97,871 $ 25,904 Union e $ 95,401 $ 95,401 s 95,401 $ 78,079 $ 104,317 $ 27,227 $ 95,401 $ 25,251 Vol usia c $ 143,645 $ 143,645 $ 143,645 $ 124,025 s 152,560 $ 84,848 $ 143,645 $ 39,487 Wakulla c e s 100,503 $ 100,503 $ 100,503 $ 82,938 $ 109,419 $ 32,086 $ 100,503 $ 26,601 Walton e S 105,452 $ 105,452 $ 105,452 s 87,651 $ 114,367 s 39,983 $ 105,452 $ 28,793 Washington e $ 98,548 $ 98,548 $ 98,548 $ 81 ,076 $ 107,463 $ 30,224 $ 98,548 $ 26,083

A "c" denotes each of Florida's 20 charter counties, according to the Flortda Association of Counties (FAC). [ http:/Jwww.n.countles.com/Pages/About_Fiorldas_Countles/Charter_County_lnformatlon.aspx] An "e" denotes those school districts having an elected school superintendent, according to the Florida Association of District School Superintendents (FAOSS). [ http://www.fadss.org/membershlp/superintendents ]

--

Salanes for F1scal Year 2013-14 September 12, 2013

~

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Offtce of Economtc and Demographtc Research

Table 3

Finalized Salaries of Elected County Constitutional Officers and School District Officials for Fiscal Year 2013-14 Pursuant to the Salary Formula in Chapter 145, Florida Statutes

See Table Notes for Additional Clarification r - Elected County Constitutionai:Officers - EJected School District Officials M -

··_ . Clerk of I Property I Tax I '"Superv!,!'orT I I County Schoof 1 School BOard County Circuit Court Appraiser Collector of' Elections Sheriff 'Commissioners su'SH!rintendenf .Members

Notes.

1) Salary figures have been calculated by the Florida Legislature's Office of Economic and Demographic Research (EDR) pursuant to the statutory formula In Chapter 145, F.S. Although no required by law. the EDR calculates salaries of elected county constitutional officers and school d istrict officials as a service to county governments and school districts. County and school district officials are encouraged to mdependently compute and verify these salary figures.

2) The calculated salary figures for all officers reflect the use of 2012 countywide population estimates listed in "Florida Estimates of Population 2012" published by the University of Florida's Bureau of Economic and Business Research.

3) These salary figures may not be applicable to those elected county officers of a chartered consolidated government or those elected officers in counties having a home rule charter, which specifies another method of salary compensation, As indicated in this table. Florida currently has 20 charter counties.

4) Salary l igures are Included for each school district's superintendent even though the salaries determined by statutory formula are applicable only to elected school superintendents. As lndlc;ated on this table, Florida currently has 41 elected school superintendents.

5) These salary figures do not Include any special qualification salary available to eligible clerks of circuit court, property appraisers. sheriffs, supervisors of elections, and tax collecto~ who have completed the required certification program specified In the relevant sections of Chapter 145, F.S. Additionally, the salary figures for elected school superintendents do not include any special qualification salary and performance salary Incentive available to eligible elected school superintendents who have completed the required certincatlon programs specified in Section 1001 .47, F.S.

6) As the result of recent statutory changes (I.e .. Chapters 2009-3, 2009-59, and 2011 -158, LO.F.), each elected county constitutional officer and school district officialos now authorized to voluntanly reduce his or her salary rate. However, the salary figures listed in this table do not reflect any such volunta ry reductions.

7) Pursuant to law, the Florida Department of Management Services must annually certify two components of the salary formula calculation: the annual factor and cumulative annual factor. For the 2013-14 fiscal year, the certified annual factor is 1.0372 and the certified cumulative annual factor is 3.1681 .

Salanes for Fosc al Year 2013-14 September 12. 2013

....,J

Page 13: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

JEFFREY R. SMITH

Clerk of C1rCu1t Court and Comptro l ler

I 80 I 2 7'H Street

Vero Beach . Florida 32961 1028 Telephone (772) 226- 1945

ro · HONOR/\131.1- HO t\RD ( ll (.'( ll NTY COJ\ 1 1\II~S I< >:-lFR~

Dt\ 1!-· Sept em her 30. 2() I 3

~l IH.Il C I . APPRO\'AL Of WAR RAN IS September '27. 20!3 to September 30. '2013

FROJ\1 : Dl.\ E BERN .-\ RDO- Fl:'-l :\i'\Cl· DIRFC roR

In cumpilancc with Chapter !36.06. llnrid<t ~tatutcs. all \\arrants (c hccJ..s and ekctnllllL' pa:-. lll \.'llls ) i<;sued h: the !1omd or l"nun l) Coll11l11SS iil lh.'rS .Ire [I) bl' l"t"l(l i"dcd in lh\.' B,wrd 111 inuks

\pj)lll\ ;) } is 1\::tjlll'SIL'd fur the all<il'hed }i :;. t ul'\\~lrl<lllls. Issued h: the(_ U111 pllu}kr'::; UCfiCl'. fur the time p~..-ritld llt'Septl'lllhl'r 27.2013 t1) Scptcmhn 1tl. :::n1 1

\ ll:tdlllll'lll.

1)13. t\ IS

8

Page 14: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

C JI ECK NBR 303:'i2& 303529 303530 303531 30353~

303533 30353 4 303535 303536 303537 303531\ J03531J 303540 3035-1 1 3035 -1 ~

303543 .3035-1-1 303545 303546 3035-1 7 3035-Hl 303 549 303550 30355 1 303552 303553 30355-1 303555 303556 303557 303558 30355lJ 303560 303561 303562 303563 30356-1 303565 3035()6 303567 3035Mi 303569 303570 303571 30357~

) 0357' '03 5 7-1 303575 303576 303577 303578 303579 303580 30351:1 1

Grand Tolal:

CK DATF 9 3o :w1 ~ 9'30'20 13 9 30 2013 9 30 20 I 3 9 30 2013 9 30'20 13 <) 302013 l) '10 20 13 930'2013 <) 30'201 3 430 '20 13 9 30 201' 9 30 10 I 3 9 30 2013 9 30 20 13 930 '2013 9 30 20 13 9 30 20 13 9 30120 I J 9 30 2013 93020 11 9 30120 13 930 '2013 9 30 2013 C) 30 2013 I) 30 2013 ') 30 2013 q 30 2013 () 30'20 13 I) 30 20 13 9 30 20 13 '} )() 20 11 q \() 20 I -; 9 .:;o 20 13 l) \(1 20 1 ~ 93(120 11 l) 3{) ~() 11 l) 30 2011 l) J(J 2lll3 l) 30 2013 11 ~0 20 I ' 9302013 <I 3 1) 2013 I) 30 201.' 9 J(l 20 13 9 .:;n 2013 q 30 2(11 3 930201' •J JO 2ll l 3 l) 30 ~u 1' 9 <O 20 I 3 9 \0 20 I \ l) 30 201 3 C) 30 ~0 11

\.....I IL\.....1\..:') V\ Kl I I I::N

\ ENDOR PORT CO\JSOLIDATE D INC. JORDAN MOWI"R INC ROBINSON f QUII'l\1ENT COI\1PAJ\ Y 11\'C Tf-"N-8 FIRI- I:QUIPMF!,,-1 INC C'OP'tCO INC 1-.1 1\111 Y HORN & ASSOC INC RtiSS I: LL CONCRE1 E INC Rl:LIAB I 1- SEP IIC AND SFK\'IC£: EG f> INC CAR rER ASSOC IA1 ES INC Sl(iNS IN!\ DAY B,\KLR & rAYLOR INC MIDWESl T/\PF LLC LOWES CO INC PR!-CISION CONTRAC rtNG SERVICI:.S INC l\11CROMARKUING I.I.C PAl l\1 rR UCK CLNTERS INC CITY OF V I~ RO 13EACII 111: '\IRY I·ISCHI: R & SONS INC \\',\1 l\1/\R I S roRES 1:/\ST LP lOIAI .IRUCKPARTSINC GI:OSYN r EC CONSULTANTS INC 1:-.JDIA!'-. RI\'ER HABITAT 1-1 DJ-1{ ,\1 I >-.PR I:.SS 1 R<\FFIC PARTS INC 11'-.LliAI'\ IU \' FR COL "il Y .l AX COLLECTOR 11'\lJIM" Rl\' 1.1{ C.OlJN rY lAX COl LECTOR !NOlAN RI\'ER COl 'NTY lA.'\ COLLFCTOR S I t\ II 1\l roR\J f-Y s·1 Rlll\.K 1-llNLRAL 1101\II::S G K I·N \ ' IIWN\ll NTAL INC \ ' I IW <. J.UB 1',\R rNI::.R Ll D C:.()\ I IJfl HI'\ I'U IJ\11311\ G 1'-l( UNIII D RL '\. 1ALS NOR I'll AME RI CA INC Sill R\\' IN \\II LIAI\1S CO I U.1 ~\lN f{ I~ L II I I C ~I.~R i t\ Ill· Rl\. \NDLL DALK LYSill 1\\ARr <.i l OBJ\L~ I \R ll"il\ I<'\ ( (lt\1t-. ll RCL\L CLL \Nil\.u NICOl \( I t-. 1.\RI<I:l iMj INC J\ 11·1 \' IN Bl IS II CONS I Rl'CTIOI\ I NC Bf ~I:FII ~ \\ O RI<SHOP :\ I)\ \\t.J J) IW :\11'\t\GI S't !--I I r-..1s INC lt-.1\toi\JI SC ilUOI '..\ 1 ~01 ' 111\'ERO

( 1\ l iWRI\'1 INl UHJNI't 01 \ 'Oil l!'>l t\ 11 \'li'ROGRAI'vl I' \L L J..\CI.)l I;"\&: SONS 11\C I ll B Cl f't roRD- \li· RCURY l l\C' Jt-.1 1'1Cl't\13LJ:: !'> llJNS INC 1'1 "-lil'll'\ R:\'\!I)(Hv1110LIS[ ILl DA\ llJ t-.1:\ROUSKY Ml'iTY l\11-.t\DOW IIOA LA I OY/1 JOI I SC )N

AMOUNT 106,696.29

177.67 566.01 70 79 27.95

14.800.00 2,84500

175.00 147.87

::!.870.78 265.00

4,094.-17 406.73 598 60

2'\,44R 49 93.98

181.61 6.023.24

t.l} 5 00 566.09 769.21

:28.338.71 40,854 .03

35.57 1.850 00

129.10 129. 10 258.20

7.875.13 425.00

13.000.00 455.00 549.00 520.00 134 95 46:2.00 150 00

1.515.00 Y5.2\l

1.600.00 250.00

1-1,96-1 -1 0 66-1 35

R.33 7.38 100 00 137.72 23 1. 00

106. 17lJ -12 20.)25.80

450 00 -165 00 500.00 257 50

50 00 -llll.7-l8.·U

9

Page 15: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

I::Lt:.l I l<.U N I L IJA 1 1\1 J- N J - \' I :::,A l .1\ I{ lJ

T I{AI\S. NflR OATE V£~DOR A !\lOU T 100~5~8 9 30 20 13 AT&T 15.553 36 10025-11) ~102013 OFFICE DEPOT BSD CUSl OMER SVC -163 05 100~550 C) 1020 13 EVERGLADES FARM I:QU1Pt-.1FN I CO I"JC -166 h5 1002551 9 30 ~0 13 COt-.1MUNICATIONS INTERNAl IONAI 6.970 80 1002552 9 30 2013 UNIVERSAL SIGNS & ACCESSOR IES 1-1,1~-1 85 1002553 9302013 SAFE I"Y PRODUC"I S INC I ,796 20 100255-1 (} 30 '20 13 INDI AN RIVER BAITERY 827-15 1 00~555 9 30 2013 V I~ Ro LA\VNMOWER CENl ER INC I 162 50 1002556 9 30/2013 DAVIDSON TITLES INC 19-1 67 1002557 <) 30 '~0 13 MIKES CiA RAG I: & WRECKER ERVICI- INC -160.00 1002558 QJ0 '20 1J AI'I'LF INDUSTRIAL SUPPLY CO 82~ 57 100255Q 9 JU 2013 RCCORDED BOOK S LLC 2l:W.20 1002560 9302013 ARAi'.!ARK UNIFORM & CAREER APPARFI I I.C 668 69 1002561 9 '30/20 13 -I IMPRINT IN C 829.39 1002562 <} 30 2013 SEBASTIAN OFFICE SUPPLY CO 171.Sn 1002563 9 30 20 I 1 FLAG I ER CONS'l RUCTIO!' CQUIPMEN I LLC 334.59 100256-1 9 30 ~01 3 SYNAGRO-WWl INC -11.2-1 I 75 1002565 9 30 2013 SOUTIIERN JANITOR SUPPLY INC I. 126.32 1002566 9302011 I IARCROS Cl IEMICALS. INC 7.867 ~-~

1 00~567 9 30 2013 ALTO I'ARfNERS LI.C 1 ~ 3 . 77

1002568 9 30 '2013 L&L DISTRIBUTORS 18. -1 2

1002569 9302013 o..; & S AUTO PARTS 7-1 18 1002570 930 '201 3 IIYDR/\ SERVICE($) INC 5,996.00

G rand Total: ltl1,933.71

10

Page 16: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

rLJ.::l I t<U N ll l'A) 1\li::.N I~- WJK.l: & ACH

T RA ~ NBR OATE \'ENDOR AMOUNT ]615 9 ']62013 PNC BANK N;\ 0 00 2616 926201< PNC BANK !'A 0.00 2617 9 2- :?0 I> EI.IH. I II U J.-l-l7 K5 ]618 9 27 :.:o 13 ELITE TITLE 3. I 14 27 :::'619 9 27 2013 KI MLCY HORN & ASSOC INC 7,455.00 2(>20 9 27 '2013 NATI ONWIDE SOLUTIONS RETIREM[N 'I 302.97 262 I 9 '27 '2013 ICM/\ RETIREf\11-..NT CORPORATION 10.137.16 2622 9 27 '20 13 ICMA RET CORP 1.910.00 2623 I) ]7 '2013 IRC FIR£: FIGH I ER~ ASSOC 6.210.00 262-l 917120 13 FLORID1\ LEAGUL: OF CIT IES. INC 5. 172 39 2625 9, 27 20 13 NACO SOUTHEAS'I 20.313 21 2626 C) 27 2013 FL DU H95.25 2627 9302013 IRS-PAYROLL TAXES 330.619 IJ.j 2628 I) J0 •2Q I J US BANK 1.570.023. 14 2629 9302013 USI3ANK , 1>.J . 1~6 97

<...rand To! a I: ~,3UII.9!!1U 5

11

Page 17: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

JEFFREY R. SMITH Clerk of Circuit Court and Comptroller

1801 27TH Street

Vero Beach, Flonda 32961 - 1028 Telephone (772) 226-l 945

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: October3. 2013

SUBJECT: APPROVAL OF WARRANTS October 1. 2013 to October 3. 2013

FROM : DIANE BERNARDO- FINANCE DIRECTOR

In compliance with Chapter 136.06. Florida Statutes. all warrants (checks and e lectronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes .

Approval is requested ror the altached list of warrants. issued by the Comptroller's office. for the time period ofOctober l. 2013 to October 3, 2013.

J\ ttachment :

DB: MS

12

Page 18: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

CHECKS \VRITTEN

CHECK NBR CK DATE VENDOR AMOUNT

30358~ 10 112013 PAUL CARONE 5.227.00

303583 IOt l /2013 GREENE I NVI:.STME~T PARTNERSHIP LTD 3. 114.58

303584 10/112013 LINDSEY GARDENS APARTMENTS 744.00

303585 1011120 13 CREATIVE CHOICE HOMES XVI LTD 554.00

303586 10111:!013 INDIAN RIVER COUNTY HEALTH DEPT 44,543.49

303587 I 0!1120 13 INDIAN RIVER COUNTY 227.017.59

303588 10 1/2013 MEDICAL EXAMINERS OFFICE 22.974. 12

303589 I 011 '20 13 VICTIM ASSISTANCE PROGRAM 4,428.74

303590 10/1 /2013 CITY OF VERO BEACH 2.011.99

30359 1 10/ 1/2013 Cl rY OF VERO BEACII 11,612.50

303592 10/ 112013 NEW YORK TIMES 774. 12

303593 10/112013 PINNACLE GROVE LTD 986.00

303594 10 1/2013 VERO CLUB PARTNERS Ll 0 1.409.00

303595 1011/20 13 DAVID SPARKS 6 16.00

303596 I 0/ 1/20 13 INDIAN RIVER INVESTMENT REA LTY INC 507.00

303597 101112013 THE PALMS AT VERO BI:.ACII 639.00

303598 1011 /2013 ED SCHLITT LC 493.00

303599 1011/2013 JOHN COLONTRELLE 450.00

303600 I 011 i20 13 ARTHU R PRUETT 475.00

303601 I 0/ 1 /::!0 13 JOSEPH LOZADA 1,287.00

303602 I 0/1 /2013 PELICAN ISLES LP 270.00

303603 I 011 /2013 JOHN F BAER 3 1,504.00

303604 10/1 /2013 HFB OF FLORIDA LLC 644.00

303605 I 011 /2013 EARRING POINT PROPCRTIES 410.00

303606 I 011 120 13 ANDRE DORAWA 545.00

303607 1011/20 13 STEVEN F BERNYK 950.00

303608 I 01112013 MARK KNOWLES 507.00

303609 10' 112013 VIRGIN IA PIN ES 438.00

303610 1011/2013 PAULA WHIDDO 553.00

3036 11 10' 1,::!013 GATOR IN VESTMENTS 579.00

303612 I 01112013 DAVID WALSH & ASSOC 558 .00

303613 10/ 1/2013 JAMES W DAV IS 293.00

3036 14 10/1/20 13 NITA EZE Ll . 488.00

3036 15 I 01112013 MISS INC OF THE TREASUE COAST 291 00

303616 10/1 12013 SOUTHERN ASSOCIATES LLC 642.00

3036 17 1011/2013 DAN IEL CORY MARTIN 622.00

3036 18 1011 /2013 CRAIG LOPES 332.00

303619 I 0/1/2013 INDIAN RUN LIMITED PARTNERSHIP 710.00

303620 I 0/1/20 13 MADISON VINES APARTMENTS LLC 5 18.00

30362 1 10/1 /2013 FREDDA LOZADO 604 .00

303622 I 0/1/2013 MTD4 PELED LLC 441.00

303623 1011120 13 FIVE STAR PROPERTY HOLDING LLC 800.00

303624 I 0/1 /2013 WILLIAM LEE 497.00

303625 10/1/20 13 E EDWARD YAANDERING 1,205 00

303626 10/1/20 13 HARBOUR BREEZES LLC 565 .00

303627 10/1/2013 ORANGE COUNTY HOUSING & C D 1,807.28

303628 10/ 1/20 13 SANDY PINES LTD 342.00

303629 10/1/2013 ALL FLORIDA REALTY SERVICES INC 5.765.00

303630 10/1/20 13 GERALD T CAPAK 260.00

303631 I 0/1120 13 CHERYL DOYLE 384.00

303632 10/1 /20 13 VERO BEACH EDGEWOOD PLACE (305-113) 658.00

303633 10!1/20 13 GRACES LANDING LTD 8,277.00

303634 I 0/1 /20 13 MICHAEL JACKOWSK I 429.00

303635 I 011 /2013 TERRY A LAWRENCE 77.00

303636 I 0/1/2013 LINDSEY GARDENS APARTMENTS 12,037.00

303637 I Ol l /::!0 13 BRYAN D BLAIS I ,200.00

303638 10/1/2013 RIVER PARK ASSOCIATES 13,817.00

303639 I 01!120 13 RICIIARD C TII ERII:.N 477.00

13

Page 19: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

CHECK NBR CK DATE VENDOR AMOUNT

303640 10/l /2013 CREATIVE CIIOICE HOMCS XVI LTD 2,951.00

303641 1011 2013 DAVID YORK 528.00

303642 I 0!1 !20 13 ST FRANCIS MANOR OF VERO BEACH 869.00

303643 10 I 2013 CITY OF VERO BI:.ACH 147.00

303644 IQ, 1/2013 TREASURE COAST HOMELI:.SS SERVICES I .666.00

303645 10/ 1/20 13 FLORIDA POWER AND LIGHT 6.00

303646 10/ J/2013 FULCHINI ENTERPRISES INC 287.00

303647 10 I '2013 VENETIAN APARTMENTS OF VERO REACII 874.00

303648 1011/2013 HERMOSA PROPERTIES LLC 308.00

303649 1011 12013 PINNACLE GROVE LTD 6.852.00

303650 10/ 1/2013 VCRO CLU£3 PARTNERS LTD 15.780.00

303651 10' 1120 13 CRAIG MERRILL I ,3 65.00

303652 1011/2013 CHRISTINI:. SALTER 511.00

303653 10 '112013 HAGGERTY FAMILY LTD 307.00

303654 10 '1 '2013 THE PALMS Al VERO BEACII 15.531.00

303655 1011 /2013 FELLSMERE COMM ENRICI IMENT PROGRAM INC 9 1.00

303656 10/ 1/20 13 I IENRY 0 SPEIGHT 645.00

303657 I 0/ 1120 13 DAVID CONDON 590.00

303658 lOl l '2013 HILARY MCIVOR 411.00

303659 I 0/ 1/20 13 PAULA LANE 376.00

303660 I 011/20 13 JOI-JN A CAPPELLO 418.00

30366 1 10/ 1.'20 13 TCG SONRISE II LLC 57 1.00

303662 I 0/ 1/20 13 KARL LACIIN ITT 71 8.00

303663 I 011 /2013 PELICAN ISLES LP 4,0 15.00

303664 10 1/2013 JOHN F BAER 1.185.00

303665 I 0/ 112013 SUNCOASl REAil Y & RFNTAI MGM r LLC 6.821.00

303666 1011 /2013 OA~ RIVER PROPERTIES INC 741.00

303667 10/ 1/2013 MARILYN LEWIS 190.00

303668 1011/201 3 STEPHEN J SHORT SR 442.00

303669 ]Qi ]/20 13 M ICHAEL KANNER 6 19.00

303670 1011/1013 AD & IN SERVICES INC 229.00

30367 1 I OJ 1/2013 ANDRE DORAWA 528.00

303672 I OJ l/20 13 RICHARD JOHN KELLER 706.00

303673 10/ 1/2013 ADINA GOLDMAN 459.00

303674 10/ 1/2013 INDIAN RIVER RDA LP 396.00

303675 1011/2013 GEORGE THUYNS 607.00

303676 10/1 120 13 STEVEN ROBERT HARTMAN 538.00

303677 1011120 13 LAZY J LLC 399.00

303678 10/1 /2013 STEPHAN IE FOUNTAIN 273.00

303679 I 0/ 1/2013 SYLVI A MCNEILL 243.00

303680 10/ 112013 S~OK I E HOLDINGS INC 750.00

30368 1 1011 /2013 LILIAN N BEUTTELL 44 1.00

303682 10/1 /2013 ROGER WINSLOW 500.00

303683 10/1 /201 3 TAMMY MEEKS 690.00

303684 I 0/ 1/2013 VINCENT PILEGGI 449.00

303685 10/1 /20 13 OSLO VALLEY PROPERTIES INC 734.00

303686 1011 /20 13 VICKY L STANLEY 797.00

303687 10/ 112013 CORY J HOWELL 202.00

303688 I 0/1 120 13 CHOICE RENTALS I c 485 .00

303689 101! 120 13 WILLIAM JAMES STANGANELLI 394.00

303690 I 011 12013 THE CHARLES F FOWLER 1996 CIIARITABLE UN ITRUS 848.00

30369 1 10/ 1/20 13 OSCEOLA COUNTY SECTION 8 682.76

303692 10/ 1/20 13 WYNN OWLE 572.00

303693 10/1 12013 WILLIAM NEUWIRTH 633.00

303694 I 011/2013 ANTHONY ARROYO 30 1.00

303695 1011/2013 BRIGITTE BALL 532.00

303696 10/ 1/20 I 3 AHS HOLDINGS GROUP LLC 5,788.00

303697 10/ 1/20 13 COUNTY OF VOLUSJA HVC PROGRAM 638.76

303698 10/1 /2013 YVONNE KOUTSOFIOS 280.00

303699 10 ' 11201 3 I lOUSING 1\UlHORITY CllY OF ALLENTOWN 637.76

2

14

Page 20: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

CHECK 1'\BR 303700 303701 303702 303703 303704 303705 303706 303707 303708 303709 303710 3037 11 303712 303713 303714 303715 303716 303717 303718 303719 303720 303721 303722 303723 303724 303725 303726 303727 303728 303729 303730 303731 303732 303733 303734 303735 303736 303737 303738 303739 303740 303741 303742 303743 303744 303745 303746 303747 303748 303749 303750 30375 1 303752 303753 303754 303755 303756 303757 303758 303759

CK DATE I Oil 12013 1011 /2013 1011/::lO 13 I 011/2013 10/ 112013 10 1/20 13 I 011 /201 3 I 0/ 1/2013 JOII /20 13 1011120 13 10' 1 2013 I 0/ 1/2013 I 01312013 1013/2013 I 0/3/2013 I 0/312013 I 0/312013 10 '3/20 13 10/3/20 13 10 '3.'20 13 10/312013 013120 13 01312013 0/3/2013 01312013 0/3/2013 01312013 01312013 0/J/20 13 0 '3/20 13 01312013 0/3/2013 0/3/2013 0/3/201 3

I 0/3/2013 I 0/3/2013 10 312013 I 0/3/2013 I 01312013 I 0/3/2013 10/3/2013 I 0/3/2013 I 0/3/201 3 I Ot3120 13 I 0/3/2013 I 0/3/2013 I 013/2013 I 013/2013 I 0/31201 3 10/3/2013 I 013/20 13 I 01312013 10/3/2013 I 0/312013 I 0t3120 13 I 0/3/2013 I 0/312013 I 0 '3/20 13 I 013/2013 I 01312013

VENDOR ALAN R TOKAR 2184 1ST PL SW LLC VILLAS OF VERO BEACH BRIAN E GALLAGIIL·.R MANUEL V CAMACHO SR LLC HOUSING AUTHORITY ALCURT VERO BEACH LLC FRANKLIN TODD & DEANA MARCHANT MICHAEL STILES JOYCE ANN KETLAR BLTREJVJ PALM BEACH CARROLL CAUDILL JR PORT CONSOLIDATED INC JORDAN MOWER INC VERO CHEMICAL DISl R1BUTORS fNC COPYCO INC DATA FLOW SYSTCMS I C BRENDA DICKHART B G KENN INC COLD AIR DIS rRIBUl ORS WAREilOUSI.:. DELTA SUPPLY CO MY RECEPTIONIST INC AMERIGAS EAGLE PROPANE LP HACH CO MARK W HILL ALLIED ELECTRONICS INC ROWMAN & LITTLEfiELD PUBLISHING GROUP fNC KSM ENGINEERING & TESTING INC HD SUPPLY WATERWORKS. LTD PETES CONCRETE EAST COAST M ILL! G TURTLE I LC EGP INC TIRESOLES OF BROWARD INC ECOLOGICAL ASSOCIATES INC ECOLOGICAL ASSOCIATES INC CHI LDCARE RESOURCES OF IRC INC NEWMANS POWER SYSTEMS MYRON L COMPANY GENERAL PART INC ASPHALT RECYCLING INC BAKER & TAYLOR INC GROVE WELDERS INC BA RNEYS PUMP INC LOWES CO INC PRECISION CONTRACTING SERVICES INC K & M ELECTR IC SUPPLY CENGAGE LEARNING CORPORATIOI\ INDIAN RIVER COUN I'Y HEALTH DEP r CITY OF VERO BEACII AERC.COM INC UNITED PARCEL SERVICE INC PETTY CASH r E·nYCASII INDIAN RJVER COUNTY SHERIFF JANITORIAL DEPOT OF AMERICA INC HENRY FISCHER & SONS INC WAL MART STORES EAST LP EXCHA GE CLUB CASTLE CENTRALA/C & REFRIGERATION SUPPLY FLORIDA POWER AND LIGHT

AMOUNT 649.00 722.00 486.00 500.00 697.00 719.76

3,556.00 539.00 485.00 465.00 833 .00 433.00

26.200.7 1 354.48 260.50

60. 14 30.639 60

1.034.65 100.06 653.81 119.00 287.20

1,995 00 1.219.35

57.00 258 93

27.00 I ,452 .75 1.025.96 1.250.00 3.500.00

776.00 1.935.00

80.978.83 5.738.50

500.00 1.928 53

5 16.75 1,740.71

154,817 .86 609.08 I28.62

2,951.00 592 .14

2,949.7 1 27.43

456.57 74.4 I

70.1 17.04 4,308.03

22.64 18.40 48.54 30.00

2,543 .28 290.00

12.00 4.192. 18 2,886.95

63,357.69

3

15

Page 21: Indian River County Board of County Commissioners Meeting … · 2018-04-07 · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N ... the requirements

CHECK NBR Cl< DATE VENDOR AMOUNT 303760 1013 '1013 NIKE USA INC 61.07 303761 10 3/1013 JAMES GRAY JR 389.00 303761 10/3/1013 KENNETH CAMPBELL SENIOR 60.00 303763 I 0'3 '20 13 GLOBAL GOLI SALES I'IC 144.52

.303764 10 '3-'201.3 COMMUNITY ASPIIALT CORP I 03.381.50

303765 1013'2013 SUNSHINE STATE ONE CALL OF FL INC 1,097.25

303766 1013 '2013 NOTARY PUBLIC UNDERWRITERS INC 108.90 303767 1013/2013 GERALD A YOUNG SR 45 .00

303768 1013/1013 HENRY SMITH 126.00 303769 10/3/1013 RANGE ROAD MINE LLC 4.469.23 303770 I 01312013 PErTYCASII 12.96

303771 I 0/3/2013 G K ENVIRONMENTAL INC 1,431.68

303772 10/3/2013 CLEAR ZONE MAINTENANCE INC 1,125.00 303773 I 0/3/2013 INTERNATIONALASSOC OF EMERGENCY MANAGERS 550.00 303774 I 0/312013 C & C ELECTRIC WORKS INC 2,286.00 303775 I 0/3,2013 PUKKA INC 441 .60

303776 10/3/2013 CELICO PARTNERSHIP 120.03 303777 I 0/3/2013 VAN WAL.1NC 9.00 303778 10/3/2013 JOSEPH W VASQUEZ 100 00 303779 10/3 '2013 SHERWIN WILLIAMS CO 144.45

303780 10 '312013 MICHAEL ZITO 41.28

303781 10 '311013 DICKERSON FLORIDA INC 856.603.47 303782 10:3120 13 RONALD FRAIELLI 100.00

303783 10/3/2013 STANLEY CONSULTANTS INC 16,885.83 303784 10/3/20 13 LARRY STEPHENS 148.00 303785 10 '3/2013 JOHN DEERE LANDSCAPES 4,275.73 303786 I 0/3/2013 JOSE RIVERA 40.00

303787 10/312013 DAMIEN & BONN IE GILLIAMS 64.43

303788 10/312013 ARDAMAN & ASSOCIATES INC 34,963.00

303789 I 0/3/2013 FAWNA GALLANT 268.26 303790 I 013/2013 MALA GEOSCIENCL USA INC 1.854.09

303791 I 0/3/2013 CONSOLIDATED ELECTR ICAL DISTRIBUTORS INC 35.00 303792 I 01312013 KENNY CAMPBELL JR 60.00 303793 I 0/3/2013 NORMAN GOODMAN 90.00 303794 I 0/3/2013 PETER OBRYAN 51.49

303795 I 0/3/20 13 BRIAN WYKOFF 40.00 303796 I 0/3/2013 JOHNNY B SMITH 86.00

303797 10/3/2013 GERMAINE JOHNSON 82.00

303798 I 0/3/2013 DANE MACDONALD 118.00

303799 10/3/2013 CHARLES A WALKER 60.00

303800 I 013/2013 REDLANDS CHRISTIAN MIGRANT ASSOC I .254.88

303801 I 0/3/2013 SARAMAR IA PROVENZALE 60.00

303802 I 0/3/2013 WILBERT WILLIAMS 500.00

303803 I 0/3/2013 BENNETT AUTO SUPPLY INC 352.88 303804 I 0/3/2013 TREASURE COAS1 SPRINKLERS INC 75.00 303805 I 0/3/2013 MICHELLE VAN KEULEN 150.00 303806 I 0/3/2013 PIONEER TECHNOLOGY GROUP 11,100.00

303807 I 0/3/2013 I"ERESA PULl DO 120.00

303808 I 0/3/2013 EXPRESS SUPPLY INC 844.46

303809 I 0/3/2013 SANDY ARACENA 40.00

303810 I 0/3/2013 CENTRAL WETLANDS NURSERY INC 957.50

3038 11 I 0/3/2013 BRENNTAG MID-SOUTH INC 6.597.90 303812 I 0/312013 ATLANTIC COASTAL LAND TITLE CO LLC 75.00

303813 I 0/3/2013 BOULEVARD TIRE CENTER 3.655.78 303814 I 0/3/2013 JULIE NORMAN 90.00

303815 I 0/3/2013 HUGHES ASSOCIATES INC 214.28

303816 I 0/3/2013 STEVEN 1\ ABBOND 40.00

303817 I 0/312013 SAFETY SCHELL CORPORATIO 1.304.00 3038 18 I 0/3/2013 PACE ANALYTICAL SERVICES INC 777.40

303819 I 0/3/2013 DELRAY MOTORS 393.23

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CHECK NBR CK OAT£ VENDOR AMOU T 3038~0 I 0/3!~0 13 AG SCAPE SERVICES INC 3,320.05 303821 101312013 JOSEPH CATALANO 60.00 303822 10 3 /2013 RAYMONDJ DUCHEMIN 60.00 303823 10/312013 A'RC ASSOCIATES INC 150.00 30382~ 10 3 2013 DAVID SCIIRYVER 180.00 303825 I 0/3/2013 JMC SERVICES INC 164.32 303826 I 01312013 FLOTECH INC 5.0 I 0.68 303827 I 01312013 JOSI ILIA GIIIZ 2.434.70 303828 10/3/2013 GENERAL CHEMICAL PERfORMANCE LLC 1.698.23 303829 I 0/312013 STASKI ENTERPRISES INC 420.00 303830 I 0/3/1013 TIM ZORC 42.92 303831 101312013 TIM ZORC .t4 .27 303832 I 0/3/2013 TIM ZORC 64 54 303833 I 0/312013 TIM ZORC 77 29 303834 10/3/2013 TAMATHA R TORRES 90.00 303835 10/3/2013 CLEAN SWEEP & VAC LLC 4.373 28 303836 I 0/3/2013 AMERICAN MESSAGING SERVICES LLC 11.77 303837 I 0/3/20 I J LABOR READY SOUTIIEAST INC 25.551.36 303838 I 0/3/2013 MACK INDUSTRIES INC 1.2 I 2.00 303839 10/312013 KELLY LORRAINE HAMLIN 30.00 303840 10.3'2013 STEVEN G HANSEN 90.00 303841 10t3 2013 AIR POLLUTION EQUIPMENT INC 358.00 303842 I 01312013 DARLING ENTERPRISES INC 11.294.00 303843 I 0/3/2013 AQUA TURF INTERNATIONAL DESIGN INC 4.900.00 303844 I 0/3/20 13 PENGUIN RANDOM HOUSE LLC 223.44 303845 I 013/2013 ONE FLORIDA REALTY 400.00 303846 10/3/2013 CARMEN LEWIS 90.00 303847 I 0/3/2013 NICOLE GRAPPO 240.00 303H48 I 0/3/2013 BRIAN 1-IORNF 89.00

Grand Total : 2,116,390.41

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ELECTRONIC PAYMENT- VISA CARD

TRANS. NBR DATE VENDOR AMOUNT 1002571 103'2013 EVE RGLADES FARM EQUIPMENT CO INC 21.108.08 100257"2 10 3'2013 SSES INC DBA 19.89 1002573 10 3'2013 SAFETY PRODUCTS INC 146.65 1002574 10 3 2013 ALLIED UN IVERSAL CORP 2,792 90 1002575 IQ,J '20 13 WORLD INDUSTRIAL EQUIPMENT INC 2.708.97 1002576 I 0/3120 13 ARAMARK UN IFORM & CAREER APPAREL LLC 632.19 1002577 I 01312013 FERGUSON ENTERPRI SES INC 466.40 1002578 10/3/2013 SHRIEV E CHEMICAL CO 3,561.78 1002579 10.'3/20 13 SOUTII ERN JANITOR SUPPLY INC 1,697.64 1002580 I 0/3/2013 CAPITAL OFFICE PRODUCTS 265.22 100258 1 I 0/3/20 I 3 AUTO PARTN ERS LLC 179.24 1002582 I 0/3/2013 S & S AUTO PARTS 32.76

Grand Total: 33,611.72

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ELECTRONIC PAYMENTS - WIRE & ACH

TRANS NBR DATE VENDOR AMOUNT 2630 10/1/20 13 US BANK 209.037.50 2631 1011/2013 AGENCY FOR HEALTH CARE ADMIN 13.168.89 2632 1011/2013 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 269.884.01 2633 1011/2013 CLERK OF CIRCUIT COURT 75. 190.12 2634 I 0! 1/20 13 INDIAN RIVER COUNTY SHERIFF 3. 119.831 .97 2635 I 0/3/2013 SENIOR RESOURCE ASSOCIATION 176,140.58 2636 I 0/3/2013 FL RETIREMENT SYSTEM 388,908.36 2637 I 01312013 BUYERS'S TITLE 59,829.91

Grand Total: .t,311 ,991.34

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CONSENT AGENDA INDIAN RIVER COUNTY

INTER-OFFICE MEMORANDUM OFnCEOFMANAGEMENTANDBUDGET

TO: Members ofthe Board of County Commissioners

DATE: October 9, 2013

SUBJECT: rNTERFUND BORROWrNG

FROM: Jason E. Brown Director, Management & Budget

At the end of the fiscal year, it occasionally becomes necessary to cover cash deficits in individual funds with interfund borrowing. Staff anticipates the need for interfund borrowing in a few funds as shown below:

Fiscal Year Fiscal Year Due from Fund Due to Fund 2011 II 2 2012/13 (Est.)

CDBG/ Neighborhood General Fund - 00 I $56,000 $5,000

Stabilization Plan (NSP) - 129

CDBG/ Neighborhood General Fund - 001 $0 $65,000

Stabilization Plan 3 (NSP) - 130

Metropolitan Planning General Fund - 00 I $157,500 $370,000

Organization (MPO) - 124

Federal/State Grants Fund - 136 General Fund- 001 $6,000 $4,000

Fleet Management Fund - 501 General Fund - 00 I $225,000 $310,000

Sandridge Golf Course - 418 Secondary Roads - l 09 $255,000 $0

In most cases, the interfund borrowing is necessitated due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. This is the case for the NSP Funds where grant expenditures have occurred and reimbursement revenues have not been received yet. Likewise, the MPO and Federal and State Grants funds are awaiting grant reimbursement for expenditures that were incurred previously. A similar situation occurs in Fleet Management. This department bills County departments and outside agencies for work completed in the previous months. Due to the lag times, there is a cash deficit in the fund periodically.

In the case of the golf course, this borrowing was needed due largely to cash flow deficits in previous years. As shown in the table, this interfund loan has been paid off as of September 30, 2013 . Please note tllis amount does not include the interfund loan approved by the Board of County Commissioners on August 20, 2013 to call the Series 2003 Recreational Revenue Bonds outstanding in the amount of $1,565,000. This amount will be repaid to the General Fund over the next three years according to the debt service schedule approved by the Board of County Commissioners .

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Board of Commissioners Page 2 of2 October 9, 2013

It is also important to note that the golf course has generated a slight profit for the last several years and has not needed a subsidy from ad valorem dollars.

Staff is requesting approval from the Board of Commissioners for interfund borrowing in the funds listed above as well as other funds as necessary.

Staff Recommendation

Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur.

Distribution:

Edward Halsey, Senior Accountant, Finance

APPROVED AGENDA ITEM:

BY:~~~~~·~·-~~~------

FOR: October 15,2013

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Date:

To:

Thru:

From:

Subject:

CONSENT AGENDA

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

Assistant County Administrator I Department of General Services

September 30, 2013

The Honorable Board of County Commissioners

Joseph A. Baird, County Administrator

Michael C. Zito, Assistant County Administrator+-

Approval of Renewal Agreement with Sheriff's Office for Use of the Indian River County Public Shooting Range

DESCRJPTION AND CONDITIONS: On May 241

h, 2011 , the Sheriff entered into an Agreement with the County to util ize the Indian River County Shooting Range for officer training. The Agreement allows the Sheriff exclusive use of the Range on Tuesdays and Wednesdays throughout the year in exchange for a payment of $10,000 annually. The Agreement expired on September 30, 2013. The parties now seek to renew the Agreement under the same terms. The annual payment for fiscal year 2013/ 14 will be immediately due and payable and retroactively applied for usage from October 1, 2013 through September 30, 2014. The Agreement requires the Sheriff to pay the annual $10,000 payment at beginning of each fiscal year through fiscal year through 20 I 5/16. It further allows an exception to the unlimited use provision for tournaments and public events at the Range provided that the County provides 30 days notice of a conflicting event.

ANALYSIS: The mutual advantage of the proposed agreement allows the Sheriff to utilize the Range as needed while guaranteeing an annual payment of $1 0,000 to the Range at the beginning of each fiscal year. The attached Agreement memorializes the proposal as mutually beneficial to the parties and is permitted under Concessionaire Contract between the County and the Florida Fish and Wildlife Conservation Commission.

RECOMMENDATION: Staff recommends that the Board of County Commission approve and authorize the Chairman to sign the attached Agreement between the County and the Sheriff's Office.

ATTACHMENTS: Agreement between the Indian River County Sheriff's Office and the Board of County Commissioners.

Approved Agenda Item / Indian River Count

Administration

County Attorney

Budget

Department For: _....:O~c::.:.to:::.:b""'e:.:...r...:.l.::o..5,,_,2=->0'-'1..:::.3 ___ _ Risk Management

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AGREEMENT BETWEEN THE INDIAN RIVER COUNTY SHERIFF'S OFFICE

AND THE BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY FLORIDA

THIS AGREEMENT is entered into as of the 1st day of October, 2013, by and between the Indian River County Sheriff's Office (''Sheriff ') and Indian River County, a political subdiv1sion of the State of Flonda ("County'').

WHEREAS, the County maintains and operates a Public Shooting Range ("Range") in Indian R1ver County; and

WHEREAS, the Sheriff desires to conduct training exercises at the Range for the purpose of fulfilling the training requirements for law enforcement officers of the Sheriff; and

WHEREAS, the parties desire to enter into this Agreement setting forth certain terms and conditions relating to the use of the Range by the Sheriff;

NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the parties agree as follows:

1. EXCLUSIVE USE: The Sheriff shall have exclusive use of the Range for official training purposes on Wednesdays excepting special events properly noticed by the County under Section 2 of this Agreement. The Sheriff may also use the Range on Tuesdays with advance notification and approval by the Range Manager. The Sheriff will be responsible for providing agency certified firearms instructors to supervise all range activity. The Sheriff will not uulize or deplete any Range inventory including but not limited to targets and ammunition belonging to the Range. Sheriff shall ensure that the public does not access the facilities dunng the Sherifrs use under this Agreement. Shooting shall be restricted to the designated range line areas unless approved in advance by the Range Manager.

2. RANGE USAGE AND CLOSURE: The Sheriff will provide a quarterly training schedule to the Range Manager prior to utilizing the Range. The Range sha11 be closed to the public on Tuesdays and Wednesdays for the duration of this agreement except when the Range Manager provides thirty (30) days written notice to the Sheriff of a conflicting special event scheduled by the County during which the Range will not be available for use by the Sheriff.

3. FEE: 'TI1e Sheriff sha11 pay an annual flat fee of$ 10,000 in advance of using of the Range w1th the annual fee for fiscal year 2013/2014 immediately due and payable upon execution of this Agreement and retroactively applied as compensation for usage from October 1, 2013 and continuing through September 30. 2014. The $10,000 annual fee for subsequent fiscal years shall be due and payable on October 151 of each successive fiscal year for the duration of this Agreement commencing October 1, 2013.

4. TERM: This Agreement shall begm on the date set forth above and unless terminated by either party according to Section 5 of this Agreement, will expire on September 30, 2016.

5. TERJ\.1INATI ON: This Agreement may be terminated with or without cause by either party upon no less than sixty (60) days written notice. If this Agreement is terminated prior to completion of any period for which the Sheriff has paid in advance, any unused portion of the advance payment shall be returned to 1he Sheriff prorated by the balance of usage remaining in the fiscal year from the date of termination .

6. LIABILITY: The Sheriff shall be liable for the acts or omissions of its own officers, agents and employees and agrees to indemnify, defend and hold harmless the County and its commissioners, officers, employees and agents from and against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable attorneys fees at all levels of trial or appellate proceedings) caused by, arising out of, or relating to any act or omission of the Sheriff. or its officers, employees and agents.

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7. RELATIONSHIP OF PARTIES: The Sheriff shall be responsible for its own acts and omissions. The Sheriff shall not bear any relationship to the County, agency or otherwise, which would render the County liable for the acts or omissions of the Sheriff.

8. ACCESS AND MAINTENANCE: The Sheriff shall be issued keys to the gates and Range building to be utilized solely in connection with the usage authorized by this Agreement. The Sheriff will be responsible for cleanup of the facility after each use including the shooting line areas, grounds, and restrooms. Sheriff agrees to secure the premises at the end of each use and to leave the Range in a suitable condition to open for business to the public. County reserves the right to suspend Sheriffs training activities in order to reasonably address compliance with this Section.

9. NOTICE: Any notice required under this Agreement shall be given in writing and delivered by either hand delivery or U.S. Mail, Certified - Return Receipt Requested, to the following:

SHERIFF: Indian River County Sheriffs Office Attn: James G. Harpring - General Counsel 4055 41 51 A venue Vero Beach, FL 32960

COUNTY: Indian River County Attn: Joe Baird -County Administrator I 801 271

h Street Vero Beach, FL 32960

10. MODIFICATION: Any modification to this Agreement shall be in writing and signed by both parties.

IN WITNESS WHEREO F, the parties hereto have made and executed this Agreement on the day and year as reflected herein.

Approved u 10

rorm~

INDIAN RIVER COUNTY SHERJFF'S OFFICE

By~a~v\l_ DERYL LOAR, SHERIFF INDIAN RIVER COUNTY SHERIFF

INDIAN RIVER COUNTY

By: __________________________ __

JOSEPH E. FLESCHER, CHAIRMAN BOARD OF COUNTY COMMISSIONERS

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

By:~ DYLAN REINGOLD COUNTY ATTORNEY

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Office of the

INDIAN RIVER COUNTY ADMINISTRATOR

Joseph A. Baird. County Adm inistrator Michael C. Zito. Assistant County Administrator

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Members of the Board of County Commissioners

Joseph A. Baird Count) Administrator

October 8. 201 3

l'ax Equity Fiscal Responsibility Act (TEFRA) Publit: Hearing Escambia Count) !lousing Finance Authority Single Family Mortgage Revenue Bonds

This TEFRA (Tax Equi ty Fiscal Responsibility Act) Public Hearing is being held to enable Escambia County Housing Finance Authority to apply for District 9B Industrial Bond Allocation from the State of Florida. This will allov. the Escambia County Housing Finance Authorit) to issue Single Family Mortgage Revenue Bonds Series in an amount not to exceed $150.000.000

Following the Public Hearing. if' the Board ol' County Commissioners wishes to grant Escamhia County Housing Finance Authorit) thc ability to apply for the Industrial Revenue Bond Allocation in District 9B, the Board must approve the Resolution and lnterlocal Agreement, and authorize the Chairman to sign all documents required in connection with the financing.

FUNDING:

There is no cost to Indian River County to participate in the joint bond program

REC0.\1MENOA TlON:

Staff recommends that the Board of Count) Commissioners open the public hearing, take public comments. close the public hearing. approve the R~solution and lnterlocal Agreement. and

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authorize the Chairman to s1gn all necessary documents required 111 t:onnection with the financing.

Attachments: I ) 2) 3)

Resolution I nterlocal Agreement Notice of Intent to Issue Bonds

APPROVED AGENOJ\ ITEM

./J (/JH L 1.d lnd1an River Co

Admin.

Legal

Budge!

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RESOLUTION NO. 2013-

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY TO OPERATE WITHIN THE BOUNDARIES OF INDIAN RIVER COUNTY, FLORIDA, AND APPROVING A PLAN TO FINANCE SINGLE FAMILY MORTGAGE LOANS ON BEHALF OF INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO AGREEMENTS WITH THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY AND TO EXECUTE AND DELIVER CERTAIN DOCUMENTS AND INSTRUMENTS IN CONNECTION THEREWITH; APPROVING A FORM OF INTERLOCAL AGREEMENT; APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF NOT EXCEEDING $150,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS, PURSUANT TO SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING THAT SUCH BONDS CONSTITUTE LIMITED, SPECIAL OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Chapter 159, Part IV, Florida Statutes, (the "Act") authorized counties to create housing finance authorities to exercise powers of the Act within their boundaries or outside their boundaries with the consent of the governing body of the territory outside their area of operation; and

WHEREAS, the Board of County Commissioners of Escambia County, Florida, (the "Escambia Board") on May 29, 1980, enacted Ordinance No. 80-12 and on March 20,2003, the Escambia Board enacted Ordinance 2003-8 (collectively, the "Ordinance"), creating the Escambia County Housing Finance Authority (the "Authority") and authorized the Authority to exercise all powers under the Act subject to approval by the Escambia Board as a condition precedent to the effectiveness of the certain actions of the Authority; and

WHEREAS, there is no housing finance authority currently operating in Indian River County, Florida (''Indian River County''); and

WHEREAS, pursuant to the Act, the Board of County Commissioners of Indian River County, Florida, (the "Indian River Board") has found a shortage of atTordable housing and capital for investment therein and a need for a housing finance authority to function in Indian River County; and

WHEREAS, it is not practicable at this time under existing Florida and Federal laws and regulations for a single local agency to issue its mortgage revenue bonds for the purpose of implementing a single family housing program, although the shortage of such single family housing and capital available for investment therein is continuing in Indian River County; and

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WHEREAS, the Authority by Resolution No. 2013-02 duly adopted on May 14, 2013, as amended and supplemented (the ''Enabling Resolution"), authorized a plan of finance (the ·'Plan"), as permitted by Section Sf 1 03-2(f)(3) of the Regulations under the Internal Revenue Code of 1986, as amended (the "Code"), tor the operation of a TBA Program (herein defined) and by the issuance from time to time of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program) (the "Bonds" or the "Escambia Bonds'') in multiple series (the ''Program"); and

WHEREAS, because the restrictions attendant to qualified mortgage revenue bonds under the Code limits the availability of mortgage funds for many eligible persons (within the meaning of the Act), the Authority may also issue taxable mortgage revenue bonds to increase the amount available for mortgage loans and to reduce or ameliorate such restrictions upon eligible persons; and

WHEREAS, the Program heretofore approved by the Authority includes a program pursuant to which mortgage loans are originated pursuant to a Program Invitation and Parameters dated as of July 1, 2012, as amended and supplemented, and a Master Mortgage Origination Agreement dated as of July 1, 2012, as amended and supplemented (the "TBA Program"), and in order to enhance the efficiency of the TBA Program, the Authority authorized the interim purchase by the Authority (directly by the Authority or pursuant to a warehousing arrangement) of mortgage-backed securities backed by mortgage loans originated under the TBA Program, and further authorized the subsequent sale thereof by the Authority into the TBA market, and, fol1owing the issuance of a series of Bonds, the purchase by the trustee under the trust indenture securing such series of Bonds of any then available mortgage-backed securities; and

WHEREAS, the Authority has indicated that, pursuant to the Plan, it expects to issue the Bonds from time to time with such particular Series designations as shall be appropriate in an aggregate principal amount not exceeding $150,000,000, exclusive of any amounts required for refunding purposes; and

WHEREAS, the Indian River Board desires to authorize certain actions as necessary in connection with participation in the Plan and the Program and the issuance, sale, authentication and delivery of the Bonds by entering into an Inter local Agreement dated as of October 15, 2013 (the "lnterlocal Agreement"); and

WHEREAS, Section 147(t) of the Code requires public approval of certain private activity bonds and the Plan therefor by an applicable elected representative or governmental unit following a public hearing and the Indian River Board constitutes an applicable elected representative or governmental unit; and

WHEREAS, pursuant to Section 147(f) of the Code a public hearing was scheduled before the Indian River Board on behalf of the Indian River Board, the Escambia Board and the Authority for October 15, 2013. at 9:00 a.m. or as soon thereafter as practicable, and notice of such hearing was given in the form required by the Code by publication more than fourteen (14) days prior to such hearing; and

2

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WHEREAS, the Indian River Board. has on October 15, 2013, held the public hearing and provided at such hearing reasonable opportunity for all interested individuals to express their \ri ews, both orally and in writing, on the issuance of the Bonds; and

WHEREAS, the Indian River Board diligently and conscientiously considered all comments and concerns expressed by such individuals; and

WHEREAS, the lndian River Board desires to express its approval of the action to be taken pursuant to the Enabling Resolution and the Act. and as required by Section l47(f) of the Code;

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:

Section I. Because of the continuing shortage of affordable single family housing and capital for investment therein in Indian River County and the continuing impedjments to a bond issue to alleviate such shortages as to single family housing, it is hereby determined that the Indian River Board consents to the Authority exercising its powers (i) to issue the Bonds, (ii) to implement the Plan to provide capital from sources of funds available to the Authority, including but not limited to a portion of the proceeds of the Bonds and proceeds of obligations refunded by the Bonds, and (iii) to establish the Program to finance mortgage loans for single family housing within the statutory boundaries of Indian River County; provided, that the Authority and Indian River County first enter into a written agreement setting forth the powers, duties and limitations of the Authority as they pertain to the use of said Bond proceeds within Indian River County and payment of the issuance costs for such Bonds.

Section 2. In furtherance of the purposes set forth in Section I hereof the Chairman or Vice-Chairman and Clerk or Deputy Clerk of the Indian River Board are hereby authorized to execute such consents, intergovernmental agreements, applications, instruments or other documents as shall be required to implement participation by the Indian River Board of such Program and to provide for payment of Indian River County's proportionate share of the costs thereof, including but not limited to the costs of issuance of such Bonds, all as shall be approved by counsel to Indian River County.

Section 3. The Interlocal Agreement, in substantially the form attached hereto as Exhibit "A", and made a part hereof, between lndian River County and the Authority is hereby approved. The officers of Indian River County are hereby authorized to enter into such Interlocal Agreement on behalf of Indian River County with such changes not inconsistent herewith as the officers executing same may approve, such execution and delivery to be conclusive evidence of such approval. The appropriate officers of Indian River County are hereby further authorized to execute and deliver such other documents and instruments as may be necessary to implement such Plan and the Program, including, without limitation, application for up to the maximum available private activity bond volume allocations pursuant to the Act and the Plan, for the purposes set forth in the Interlocal Agreement .

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Section 4. The Indian River Board hereby approves, within the meaning of Section 147(f) of the Code, the Authority's Plan and the issuance by the Authority in multiple series from time to time of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds, initially designated as "(Multi-County Program)," with such particular Series designation as shall be appropriate, for funding the Authority's Program and such other action to be taken pursuant to the Enabling Resolution or the Act.

Section 5. The principal of and premium, if any, and interest on the Bonds and all payments required under the proposed financing agreements, including the Interlocal Agreement, shall be payable solely by the Authority from the proceeds derived by the Authority under the proposed financing agreements, and Indian River County shall never be required to (i) levy ad valorem taxes on any property within its territorial limits to pay the principal of and premium, if any, and interest on the Bonds or to make any other payments provided for under the proposed financing agreements, or (ii) pay the same from any funds of Indian River County whatsoever. Adoption of this Resolution does not authorize or commit the expenditure of any funds of Indian River County to pay the costs of issuance of such Bonds. The Bonds are limited, special obligations and will not constitute a debt of the State of Florida, Indian River County, Escambia County, or other participating Counties or the Authority or other participating Housing Finance Authorities, but will be payable solely from payments made from the revenues generated from the Program.

Section 6. All resolutions or parts thereof of the Indian River Board in conflict with the provisions herein contained are. to the extent of such conflict, hereby superseded and repealed.

[REST OF PAGE INTENTIONALLY LEFT BLANK]

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Section 7. This Resolution shall take effect immediately upon its adoption.

Duly adopted in the regular session this l51h day of October, 2013.

INDIAN RIVER COUNTY, FLORIDA

By: ----------------------------(SEAL) Its: Chairman

ATTEST: Jeffrey R. Smith, Clerk

By: --------------------------------­Its: Deputy Clerk,

Approved as to form and legal sufficiency

By: -----------------------------------County Attorney

5

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INTERLOCAL AGREEMENT

THIS AGREEMENT made and entered into this 15th day of October, 2013, by and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Escambia Authority"), and INDIAN RJVER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as the "Participating County");

WITNESSETH:

WHEREAS, Part IV of Chapter 159, Florida Statutes (the "Act"), authorizes the creation of housing finance authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist in relieving the shortage of housing available at prices or rentals which many persons and families can afford; and

WHEREAS, the Escambia Authority by Resolution No. 2013-02 duly adopted on May 14,2013 (the .. Enabling Resolution"), as amended and supplemented, authorized a plan of finance (the " Plan"), as permitted by Section Sf.l 03-2(f)(3) of the Regulations under the Internal Revenue Code of 1986, as amended (the "Code"), for the operation of the TBA Program (herein defined) and the issuance from time to time of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program) (the "Bonds" or the "Escambia Bonds"), in multiple series (collectively, the ''Program"); and

WHEREAS, the Escambia Authority has indicated that, pursuant to the Plan, it expects to issue the Bonds from time to time with such particular Series designation as shall be appropriate in an aggregate principal amount not exceeding $150,000,000 (which may also include Bonds, if any, for which a carry-forward allocation has been obtained pursuant to Section 146(t) of the Code), exclusive of any amounts required for refunding purposes; and

WHEREAS, pursuant to Sections 143 and 146 of the Code, the amount of new mortgage revenue bonds which may be issued in each year is limited by a private activity volume cap which has been established for such purpose within the State; and

WHEREAS, the limitations upon available portions of the private activity volume cap prevents the separate issuance of qualified mortgage revenue bonds for each county from being feasibly and economically accomplished; and

WHEREAS, the Escambia Authority has authorized a sufficient amount of Escambia Bonds to fund, refund or refinance outstanding obligations, the proceeds of which will be used to finance a portion of the anticipated demand during the proposed Origination Period for single family mortgages ("Mortgage Loans") of both Escambia County and the Participating County, as well as certain other counties which may also participate in joint bond programs; and

WHEREAS, the aggregation of mortgage loan demand and the securing of the related amount of the cumulative State private activity volume cap (the "Allocation Amounts") granted by the State from August I, 2013, through December 31,2017 (the "Authorization Period"). for the purpose of issuing

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qualified mortgage revenue bonds or for the purpose of using other funds to finance qualifying single family residences to be occupied primarily by first-time home buyers will result in a wider allocation of fixed expenses and certain other economies of scale; and

WHEREAS, unless such economies are realized, the issuance of mortgage revenue bonds for such purpose would be less economical, resulting in higher mortgage costs to mortgagors; and

WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorizes the Participating County to approve the issuance of mortgage revenue bonds through the Escambia Authority to alleviate the shortage of affordable housing within the Participating County. which approval has been granted by a resolution of the Board of County Commissioners of the Participating County adopted on October 15, 2013 (the "County Resolution"); and

WHEREAS, because the restrictions attendant to qualified mortgage revenue bonds under the Code limit the availability of mortgage funds for many eligible persons (within the meaning of the Act), the Escambia Authority may also issue taxable mortgage revenue bonds to increase the amount available for Mortgage Loans and to reduce or ameliorate such restrictions upon eligible persons; and

WHEREAS, the Escambia Authority has heretofore approved a Single Family Mortgage Loan Program (the "TBA Program") pursuant to which Mortgage Loans are originated pursuant to a Program Invitation and Parameters dated as of July 1, 2012, as amended and supplemented, and a Master Mortgage Origination Agreement dated as of July 1, 2012, as amended and supplemented, and in order to enhance the efficiency of the TBA Program, the Authority authorized the interim purchase by the Authority (directly by the Authority or pursuant to a warehousing arrangement) of Mortgage-Backed Securities backed by Mortgage Loans originated under the TBA Program, and further authorized the subsequent sale thereof by the Authority into the TBA market, and, following the issuance of a series of Bonds, the purchase by the trustee under the trust indenture securing such series of Bonds of any then available Mortgage-Backed Securities; and

WHEREAS, Sections 163.01, 159.608 and 125.01, Florida Statutes, and the County Resolution authorize this Agreement by conferring upon the Escambia Authority the power to exercise or contract by agreement with the Escambia Authority those powers which are common to it and the other parties hereto and to include the Participating County within the Escambia Authority's area of operation pursuant to Florida Statutes, Section 159.603(1) for the purpose of the continual operation of the TBA Program and for the purpose of issuing mortgage revenue bonds in one or more series from time to time, as qualified mortgage revenue bonds based on the Allocation Amounts or as taxable mortgage revenue bonds or from other available monies whkh require no bond volume allocation, to (i) make available funds to finance (or, to the extent permitted by law and the Code, retinance) qualifying single family housing developments located within the Participating County in accordance herewith, (ii) establish the reserves therefor, and (iii) pay the costs of issuance thereof

NOW THEREFORE, the parties agree as follows:

Section 1. Allocation Amount; Substitution of Bonds The Partictpatmg County hereby authorizes the Escambia Authority to issue, reissue, remarket or refund Single Family Mortgage Revenue Bonds in multiple series from time to time based on the available Allocation Amounts through

2

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the Authorization Period, or based upon the need for Mortgage Loans funded in whole or in part from available monies or taxable Bonds which require no bond volume allocation. for the purpose of financing the Program and making funds available for single family housing developments in the Participating County to the full extent permitted by the Act. Any Escambia Bonds issued, re-issued. remarketed or refunded for such purposes in the Participating County are hereby deemed to be in full substitution for an equivalent principal amount of the Participating County's bonds that could have been issued for such purpose. The Participating County hereby authorizes the Escambia Authority to utilize the Participating County' s Allocation Amounts on behalf of the Participating Cow1ty as part of its Plan for the purpose of financing the Program, including, among other things, financing of qualifying single family mortgages in the Participating County, and the Escambia Authority is hereby designated as the bond issuing authority for the Participating County during the Authorization Period with respect to all Allocation Amounts. The proceeds of the Escambia Bonds shall be allocated and applied to the funding or refinancing of obligations, the proceeds of which will be used for the funding of Mortgage Loans within the various Participating Counties and for reserves and the payment of costs of issuing the Escambia Bonds, all in accordance with final Program documents approved by the Escambia Authority. All revenues generated by bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Escambia Authority, or its agents, and all payments due from such revenues shall be paid by the Escambia Authority, or its agents, without further action by the Participating County.

Section 2. Administration The Escambia Authority hereby assumes responsibility for administering this Agreement by and through its employees, agents and officers; provided, however, that the Participating County retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within the Participating County, including, but not limited to, reasonably available mortgagor or profile data. The Escambia Authority and its agents shall provide the Participating County with such reports as may be necessary to account for funds generated by this Agreement.

The Escambia Authority shall have full authority and responsibility to negotiate, define, validate, market, sell, issue, re-issue, deliver, refund or remarket its Escarnbia Bonds in amounts based upon mortgage loan demand and maximum available Allocation Amounts, to the extent pennitted by law to finance the Program for single family housing developments in the Participating County and to take such other action as may be necessary or convenient to accomplish such purpose, including operation of the TBA Program. Each Participating County may apply for the full Allocation Amount available for such County. It is agreed that the initial regional Allocation Amounts for the Escambia Bonds in the Participating County and other Participating Counties located within the same bond volume allocation region under Section 159.804, Florida Statutes, shall be allocated ratably between the Participating County and such other Participating Counties within such region based upon lender demand through June 15 of each year in which Allocation Amounts are obtained.

The issuance and administration costs and expenses related to the Escambia Bonds issued to finance the Program and administration of such Program shall be paid from proceeds of the Escambia Bonds and revenues generated from the Program or other sources available to the Escambia Authority.

3

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Section 3. Program Parameters; Fees and Expenses

(A) Upon request of the Escambia Authority, the Participating County shall, to the extent permitted by law, (i) approve. establish, and update, from time to time as necessary, upon the request of the Escambia Authority, such Program parameters including, but not limited to, maximum housing price and maximum adjusted family income for eligible borrowers, as may be required for any bonds issued by the Escambia Authority pursuant to this Agreement and (ii) approve the allocation of Mortgage Loan moneys for each lending institution offering to originate Mortgage Loans within the Participating County. Unless otherwise notified in writing by the Participating County, the Escambia Authority may from time to time approve and establish such maximum price and family income amounts at the maximum levels provided pursuant to the Code or the Act without further action of the Participating County.

(B) The fees and expenses of the Participating County shall be paid from the proceeds of the Program in the manner and to the extent mutually agreed upon by the officials of the Participating Count y and the Escambia Authority at or prior to issuance of the Escambia Bonds.

Section 4. Term This Agreement will remain in full force and effect from the date of its execution until such time as it is terminated by any party upon ten ( l 0) days written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by the Participating County during the Authorization Period, or by any party during any period that the Escambia Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such Escambia Bonds (or investments acquired through such proceeds or any proceeds from the operation of the TBA Program) are still in the possession of the Escambia Authority, or its agents, pending distribution, unless either (i) the parties to this Agreement mutually agree in writing to the terms of such termination or (ii) such termination, by its terms, only applies prospectively to (a) the authorization to issue Escambia Bonds for which no Allocation Amount has been obtained or used by the Escambia Authority and for which no purchase contract has been entered into, and (b) the authorization to operate the TBA Program. It is further agreed that in the event of termination the parties to this Agreement will provide continuing cooperation to each other in fulfilling the obligations associated with the issuance of Bonds.

Section 5. Indemnity To the full extent permitted by law, the Escambia Authority agrees to hold the Participating County harmless from any and all liability for repayment of principal of and interest or penalty on the Escambia Bonds issued pursuant to this Agreement, and the members, officials, employees and agents of the Participating County harmless from any and all liability in connection with the approval rendered pursuant to Sections 159.603 and 159.604. Florida Statutes. The Escambia Authority agrees that any offering, circular or official statement approved by and used in marketing the Escambia Bonds will include a statement to the effect that Bond owners may not look to the Participating County or its respective members, officials. employees and agents for payment of the Escambia Bonds and interest or premium thereon.

{SIGNATURE PAGES FOLLOW}

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IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof as of the day and year first written above.

(SEAL)

ATTEST:

By; ----------------------­Its: Secretary

ESCAMBIA COUNTY HOUSING FTNANCE AUTHORITY

By: -------------------------hs: Chairman

[Signature Page to lnterlocal Agreement}

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(SEAL)

ATTEST: Jeffry R. Smith, Clerk

By: ---------------------------­Its: Deputy Clerk

Approved as to form and legal sufficiency

~.L:--------

INDIAN RIVER COUNTY, FLORIDA

By: -----------------------Its: Chairman

By: ~ ---~~~y~A~t-to_m_e_y ____________________ _

[Signature Page to lnterlocal Agreement}

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The undersigned Clerk of the Circuit Court of Indian River County, Florida, does hereby certify that the foregoing is a true and complete original of the lnterlocal Agreement executed by the Chairman and Clerk as ofthe __ day , 2013.

fNDIAN RIVER COUNTY, FLORIDA

By: ---------------------------Clerk Board of County Commissioners

(SEAL)

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Division Serial No. ______ _ Prior Division Serial No. ______ _

STATE Of FLORJDA DIVISION Of BOND FINANCE NOTICE Of INTENT TO ISSUE BONDS AND REQUEST FOR WR11TEN CONFIRMA TJON

PART I (to be completed by applicant) Date: January 1 , 2014

Name, oddress and phone number of person who prepared this Notice (confl1l!lation or rejecuon will be sent to this person unless otherwise d!Tected):

l'amc Elbert Jones Jr Phone· < 850 ) 432-7077

Address: 700 South Palafox Street, Suite 31 0

Pensacola, Florida 32502

I . A Escambia County Housing Finance Authority ssumg gency: ----------'------=---------------------

Compan) (if applicable). _____ __________________________ _

Requested Amount. $·---------------------------------Is this a Suppleme!llaT) Notice? Yes ____ No_X __ _

Check one of the followmg:

Manufacrunng facility (ru; defined 111 Section 159.803( I 0), F.S ) ___ _

Florida first Business ProJect (as defmed in Section 159.803( 11 ). f .S.) (Governor's Office of Tourism, Trade and Economic Development cenification must be attached) ___ _

Multifamil> Housing ____ Single family Housing _ X ___ Other ___ _

(lf"Other", specif) ) ______________________________ __ _

X Is this a Priority Project under State law? Yes No ___ _

Purpose: Single Family Mortgage Revenue Bond Program for Indian River County

to be issued by the Escambia County Housing Finance Authority

s 147(!) or similar IRC Approval Date: __ 0_C_ t_O_b_e_ r_ 1_5_,_2_ 0_ 1_3 _______________ _

A . A th . (U . fG t) Board of County Commissioners of Indian River County pprovmg. u onry nn o ovemmen . - -------------------------

Contemplated Date(s) of Issue. _M_ a_r_c_h_ 2_0_1_4 ______________________ _

I HEREBY CERTIFY THAT THE ELECTED OFFICIAL OR VOTER APPROVAL REQUIRED PURSUANT TO 147(1) OFTHEINTERNALREVENUE CODE HASBEENOBTA1NEDONTHEDATEII\'DICATEDABOVE,ANDTHATTHE AMOUNT REASONABLY EXPECTED TO BE REQUIRED FOR THE FINANCING EQUALS AT LEAST 90% OFT HE AI\-IOUNT REQUESTED ABOVE.

SignarureoflssuingAgencyOfficial ___________________________ _

Issuing AgenC) Official - ryped or printed Name and Title Joseph E- Flescher I Chairman

IMPORT ANT! Legal Opinion (Section 159.805( 1). F.S.) enclosed: _ X __ _ $100.00 filing Fee enclosed· _ X __

ftJli1l (to be completed by the Division of Bond finance)

Received by: ____________ Date and Time Received.--------------

Adjusted Date Received (pursuamto Section 159.8081 ot 159.8083, F.S.) ______________ _

Starus (confirmed or rejected):------------------------------

Amount Confirmed $ _____________ Confmnation Valid Through:----------

Amount Pending (if any) $. _________ ___ Comments:--------------

C'ate~!OI) of Confirmation: ___________________________ ___ _

_________________ _________ Title. Director. DtvisJOn of Bond Finance

ISSUER IS HCREBY ADVISED THAT THJ!> CONFIRMATION IS CONDITIONAl AND SHALL NOT BE CONSIDERED FINAL UNTIL AND UNLESS (I) THE DIVISION RECEIVES TIMElY NOTIFICATION OF ISSUANCE OF THE BONDS PURSUANT TO SECTION I !'9.80S(5)(a). FLORJDA STATUTES. AND (2) THE DJVlSION HAS ISS liED ITS fll"AL CONFIRJ\1A TlON OF ALLOCATION (FORM Bf 1007-B) WITH RESPECT TO THE BONDS.

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PUBLIC NOTICE ITEMS: 10/1 5/13

Office of INDIAN RIVER COUNTY

ATTORNEY

Dylan Reingold, Cowlty .-\ttoruey William K. DeBraal, Deputy County .-\ttorney Kate Pingolt Cotner, .-\ssistanr County .-\rrorncy

TO:

FROM:

DATE:

RE:

MEMORANDUM

Board of County Commissioners

Dylan Reingold - County Attorney \)(7_ October 8, 2013

Public Notice of Public Hearing Scheduled for October 22, 2013 to Consider Amending Chapter 313 (Merchandising of Tobacco Products) of the Indian River County Code with regard to Electronic Nicotine Delivery Devices

The Board of County Commissioners will hold a Publ ic Hearing on Tuesday, October 22, 2013, to consider adopting an ordinance concerning electronic nicotine delivery devices, amending Section 313.02 (Definitions) of Chapter 313 (Merchandising of Tobacco Products) and creating a new Section 313.04 (Selling Tobacco Products to Persons Under 18 Years of Age) of the Code of Indian River County to apply the regulations on the sale of tobacco products to electronic nicotine delivery devices, and making findings and providing for severability, codification; and an effective date.

/nhm

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TO:

DATE:

BCC AGENDA October 9, 2013

ITEM 14.0(1)

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

October 15, 2013

SUBJECT: Response to Mr. Busha Letter of 9-30-13

FROM: Commissioner Bob Solari

Mr. Busha of the TCRPC wrote a letter to Mr. McPartlan, the Mayor of Sebastian concerning an upcoming MPO discussion on Seven/50. Much of it was directed at me. I found significant parts of it offensive, disingenuous and insulting both to me personally and to many of our constituents generally.

It has been said, that when you hear a story, but only one side of the story, it may well be propaganda. At the TCRPC meetings they have heard only one side of the story.

As Commissioner O'Bryan and I are both on the TCRPC, and he is the Chairman of the Council , I would like to ask him if he would see that I get on the December TCRPC Agenda ad be given the chance to publically tell a bit about the other side of the story.

Thank you.

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.~ ! .. l .... , ..

L ·j

T R EAS u-~E~-. ~ 0 AS T _R -E q I 0 N ~L PLANNING G 0 UN'c ~L :. ·~~-.... =-~.. .• • _ p , .,.

t [.- :..__

I N -I) I A N R I V E R PALM BEACH

., 1 ·r== I

. I -·'

September 30, 2013

The Honorable Bob McPartlan Mayor City of Sebastian 1225 Main Street Sebastian, FL 32958

Subject: Seven50

Dear Mayor McPartlan:

As requested, please find some Seven50 talking points in response to Commissioner Solari's main areas of concern:

• The idea for the Seven50 effort was not generated by the locals, but that we were enticed by HUD to do it.

Fact: In 1985, the State's growth management laws required all regional planning councils to create long-range strategic regional plans for their regions. Since then, TCRPC has completed two - the original in 1987 and then one in 1995. The regional planning councils talked locally about working together on a seven-county long-range strategic plan during 2006-2008. The idea for the plan was called Southeast Florida 2060, but there was no way to fund it so the idea '"'as shelved. Four years later, HUD oiTered a way to pay for the effort through their competitive Sustainable Community Initiative grant program.

Treasure Coast and South Florida Regional Pla1ming Councils represent 127 different local governments. Their boards are made up of two-thirds elected officials from around the region. These "councils of local government" decided to join together in an effort to apply for the grant and do a joint regional plan. Nearly every local government and several civic-minded groups in the two regions (Southeast Florida Partnership) had signed on individually, agreeing that it was appropriate to apply for the grant. Fact is, without such overwhelming local support, including Indian Rivt!r County and its Metropolitan Planning Organization, HUD would not have awarded the grant. This was truly a locally sponsored effort.

• Tl is not consistent with Indian River County's ''core values."

PJcase refer him to the Scvcn50 core values. The ones the citizens of Indian River County are opposed to need to be identified. This opinion is also overly presumptuous and not based on a reading of the Seven50 report.

"Regionalism 011e Neighborhood At A Time"• Est.1976

421 SW Camden A"cnue - Stuart, Florida 34994 Pho ne (772) 221-4060- Fax (7 72) 221-4067 - www.1cr~ 42

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Mayor Bob McPartlan September 30, 2013 Page Two

• Docs not like the methods Council used to obtain information from the public. • Does not like one of the planning firms involved (DPZ, Inc.- Andres Duany). • Believes there has been corruption in how the South Florida Regional Planning Council used

the grant money.

Fact: These opinions are completely subjective and there is no evidence to support claims of'·corruption." HUD is more than satisfied about how the grant is being managed by SFRPC. The one planning firm he is concerned about (DPZ) has been paid $94,980 over the last three years or about 2.2 percent of the grant. DPZ's involvement has been minimal at best. They are not leading any efforts or writing any sections of the Seven50 report.

• Seven50 will lead to federal and state agency control and takeover of local planning, budgeting, and zoning functions- loss of private property rights, etc.

The Scvcn50 report contains several data sets; information about future trends; recommendations for how to address and/or take advantage of these trends locally; and ideas for how local governments can work with other local governments and/or the private sector to solve common problems. All of the recommendations and ideas contained in the Seven50 report are entirely voluntary. They are not self-executing. There is no force of law behind the Seven50 requiring implementation. In fact, Seven50 cannot be implemented unless: 1) local goverrunent decides it is in their best interest to take action; and 2) considerable local government effort is put forth to carry out the recommendations they believe are beneficial to them.

• Cites the Westchester County, NY vs. HUD case as an example of federal takeover.

The Westchester County example is a debate about ·'equal protection" under the law and about a County taking money to build affordable housing and then not providing it according to the grant. The moral or lesson of this story is: if you don't like the strings attached to the grant, don't take the money. Again, accepting grant money is solely a local choice.

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Mayor Bob McPanlan September 30, 2013 Page Three

Other Talldng Points

These come from officials at meetings of the St. Lucie County Commission and a recem meeting of the Planning and Zoning Board where Commissioner Solari spoke and his followers were present:

I . Boardmcmbers saw no connection between what will be contained in the SevenSO report and what Commissioner Solari is afraid will happen - federal government takeover, loss of local control, and bigger goverrunent.

2. Boardmembers would rather wait to review the Seven50 report before reacting hysterically about a federal government takeover and pull out of the planning effort .

3. Implementation of the Seven50 and accepting federal or slate funds is still voluntary under the Seven50 and at the complete discretion of the local government.

4 Boardmembers were resentful of an elected official from another jurisdiction coming uninvited and unannounced to lecture them on his views of the world and waste countless hours of the Boards ' time with the public comment of his followers, disrupting their meetings and preventjng them [Tom doing their business.

5. Boardmembers concluded that Commissioner Solari's problem was not with the Seven50 long-range pla1ming effort, but with his overall mistrust of federal and state agencies, the Obama administration, and govenm1ent in general. They viewed Commissioner Solari's comments, and those of his followers, as using the Seven50 as a platform for political gain and to make emotional, political statements against current state and federal government operations and their role in local maners.

Some Relevant Questions

1. How will thls federal takeover occur? Please take me through the detailed steps of how all local governments will lose control of their local zoning and land use authority and our citizens will lose their property rights, their homes, and be forced to live in a different manner

2. Will we now be forced to take federal grants and loans?

3. How many times has the MPO and the County Commission voted to take state and federal money to assist with local projects, and how much money?

4. Given the beliefs expressed, should we ever vote to take state and federal money again?

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Mayor Bob McPartlan September 30, 2013 Page Four

5. Why will the Seven50 regional plaxming e1To1i affect local governments any more or less than the 1987 and 1995 regional plans? Under those voluntary plans, none of what has been described as bad tor local government and our citizens has happened.

6. Since implementation of the plan is voluntary and we haven't read it yet, why wouldn't we wait to see what is in the plan before we react so strongly against it? The draft Seven50 document is being released for review on October 11 -two days after our MPO meeting.

7. Isn't the federal agency takeover we have been warned about contrary to every state. federal , and local law on the books today dealing with local powers? Can all of these laws be violated without recourse? Will all local governments passively submit to illegal actions?

8. Many people have strong feelings about the current administration and goings on in Washington DC. Isn' t all of this emotional commentary just political rhetoric designed to make a political statement against the behavior of the federal government.

Please forgive the length of this response. It has been a long and frustrating process dealing with detractors of the effort based on political emotions and anger that have nothing to do with a regional planning exercise. Additional talking points can also be found in the e-mail you received last Friday.

Michael J. Busha, AICP Executive Director

Attachment

cc: Peter O'Bryan, TCRPC Chai.rman Marcela Camblor-Cutsaimanis, Seven50 Project Director James Murley, South f-lorida Regional Planning Council, Executive Director

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September 10, 2013 1

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 

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September 10, 2013 2

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. O-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 ...................................................................................... 3 

7.D.  CITY OF SEBASTIAN, ORDINANCE NO. O-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

HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY

COMMISSIONERS COMMUNITY DEVELOPMENT DEPARTMENT/BUILDING

DIVISION 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

EXCHANGE 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.H.  APPROVAL OF WORK ORDER NO. GFA-3 WITH GFA INTERNATIONAL, INC. FOR

CONSTRUCTION TESTING SERVICES FOR THE PC SOUTH NUTRIENT RECOVERY

FACILITY ................................................................................................................ 7 

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September 10, 2013 3

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.O.  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 

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10.  PUBLIC ITEMS ................................................................................................................................14 

10.A.  PUBLIC HEARING(S) - NONE ............................................................................. 14 

10.B.  PUBLIC DISCUSSION ITEMS - NONE ................................................................. 14 

10.C.  PUBLIC NOTICE ITEMS ..................................................................................... 14 

10.C.1.  NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 1, 2013 ................................. 14 

10.C.1.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) .............. 14 

10.C.1.B. ROBERT WILLIAMS’ REQUEST TO REZONE 0.15 ACRES FROM RS-6 TO RM-6

(QUASI JUDICIAL) ................................................................................................. 15 

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 

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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. O’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 

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16.  ADJOURNMENT .............................................................................................................................32 

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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.

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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

5.A. PRESENTATION OF PROCLAMATION RECOGNIZING THE MONTH OF

SEPTEMBER 2013 AS HUNGER ACTION 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.

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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 / TOURIST ACCOMMODATIONS

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. O-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

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7.D. CITY OF SEBASTIAN, ORDINANCE NO. O-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 TO AUGUST 15, 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 TO AUGUST 22, 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.

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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.

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

ON MOTION by Vice Chairman Davis, SECONDED by

Chairman Flescher, the Board unanimously approved the

Proclamation and Retirement Award honoring John C.

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Freeman on his retirement from Emergency Services / Fire

Rescue.

8.F. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED 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

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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

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

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.

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AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

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

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

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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

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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

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8.O. 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 IN 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.Q. 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

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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

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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.U. APPROVAL OF LICENSE AGREEMENT WITH HYDROMENTIA, INC. FOR THE

PC SOUTH 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

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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 1, 2013

10.C.1.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)

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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.

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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

staff’s 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

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September 10, 2013 17

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

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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.I. PUBLIC WORKS - NONE

12.J. UTILITIES SERVICES

12.J.1. DEVELOPER AGREEMENT FOR THE INSTALLATION OF ADDITIONAL

GRAVITY SEWER LINES IN ERCILDOUNE 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.

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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

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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

it 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

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September 10, 2013 21

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

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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.

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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.

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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

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September 10, 2013 25

14.A.1. DISCUSSION REGARDING 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 A1A, asked that the letter be sent out as soon as possible.

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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.

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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%.

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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.

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14.D. COMMISSIONER BOB SOLARI - NONE

14.E. COMMISSIONER TIM ZORC

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.

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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.

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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

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15.B.2. 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

16. ADJOURNMENT

There being no further business, the Chairman declared the meeting adjourned at

12:59 p.m.

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ATTEST:

_________________________________ ________________________________

Jeffrey R. Smith, Clerk Joseph E. Flescher, Chairman Clerk of Circuit Court and Comptroller

Minutes Approved: _________________

BCC/LA/2013Minutes