Indian River County Board of County Commissioners Meeting ...

BOARD OF COUNTY 

COMMISSIONERS 

INDIAN RIVER COUNTY, FLORIDA 

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

TUESDAY, MAY 7, 2013 - 9:00 A.M. 

County Commission Chamber 

Indian River County Administration Complex 

1801 27 th Street, Building A 

Vero Beach, Florida, 32960-3388 

www.ircgov.com 

COUNTY COMMISSIONERS 

Joseph E. Flescher, Chairman District 2 Joseph A. Baird, County Administrator 

Wesley S. Davis, Vice Chairman District 1 Alan S. Polackwich, Sr., 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 Jack Diehl, Senior Pastor, Our Savior 

Lutheran Church 

3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis, Vice Chairman 

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 

5. PROCLAMATIONS and PRESENTATIONS 

A. Presentation of Proclamation Designating May 5 – 11, 2013, as Public 

Service Recognition Week in Indian River County 1 

B. Presentation of Proclamation Designating the Month of May as Foster Parent 

Appreciation Month 2 

May 7, 2013 Page 1 of 8

5. PROCLAMATIONS and PRESENTATIONS PAGE 

C. Presentation of Proclamation Recognizing May 5 – 11, 2013, as National 

Correctional Officers and Employees Week 3 

D. Certificate of Recognition to TruMobility for Outstanding Achievement as 

Inaugural Champion of the Research Coast Principium Foundation Business 

Plan Competition 4 

E. Certificate of Recognition to Azzily for Outstanding Achievement as the 

Second Place Winner of the Research Coast Principium Foundation Business 

Plan Competition 5 

F. (Item Removed from Agenda) 

G. Presentation by Indian River County Chamber of Commerce Requesting 

Support for Governor’s Veto of HB4001/SB320 – Florida Renewable Fuel 

Standard Act 

H. Presentation by Bob Ulevich, Administrator, Sebastian River Improvement 

District on District Water Plans and Water Farming 

6. APPROVAL OF MINUTES 

A. Regular Meeting of April 2, 2013 

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT 

REQUIRING BOARD ACTION 

A. Distinguished Budget Presentation Award Fiscal Year 2012/2013 

(memorandum dated April 30, 2013) 6-8 

B. Resignation of Mr. George Hamner, Member at Large to the Planning & 

Zoning Commission 

(memorandum dated May 1, 2013) 9-10 

8. CONSENT AGENDA 

A. Approval of Warrants – April 12, 2013 to April 18, 2013 


B. Approval of Warrants – April 19, 2013 to April 25, 2013 



8. CONSENT AGENDA PAGE 

C. Re-Appointment of Louise Hubbard to the Early Learning Coalition of 

Indian River County Board 


D. Resolution Cancelling Taxes on Property Acquired by the Town of Orchid 

for Use Exclusively for its Administrative Offices 


E. Resolution Cancelling Taxes on Property Acquired by the City of Fellsmere 

for the Benefit of the Municipal Water System 


F. Rejection of Bids for IRC Bid No. 2013035 – Indian River County 

Agricultural Pavilion Metal Roof Replacement 


G. Work Order No. 1 Coastal Planning and Engineering, Inc., Sector 3 Beach 

Restoration Project – Post Construction Physical Monitoring Services 


H. Quarterly Investment Report for Quarter Ending 03/31/2013 


I. Quarterly OPEB Trust Report for Quarter Ending 03/31/2013 


J. Approval of Work Order No. GKE-2 for Scrub Jay Friendly Landscape 

Design Services for PC South Algal Nutrient Removal Facility 


K. Work Order No. 1 Morgan & Eklund, Inc., 2013 Beach Profile Monitoring 

Surveys 


L. Ryall Groves, Inc.’s Request for Release of a Non-exclusive Ingress/Egress 

Easement at 8744 and 8750 U.S. Highway 1 (administrative) 


M. Consideration of the Indian River County Metropolitan Planning 

Organization (MPO) 2013 MPO Apportionment Plan 


N. Consideration of Revised Federal Functional Classification Maps 



8. CONSENT AGENDA PAGE 

O. Approval of Amendment to Consent Order OGC File No. 08-1661 B with 

the Florida Department of Environmental Protection and Indian River 

County for the South Reverse Osmosis Water Treatment Plant 


P. Award of Bid No. 2013034, Oslo Road (East of 15 th Avenue S.W.) Culvert 

Replacement of Failed (collapsed) HDPE/plastic pipe, IRC Project No. 1306 


Q. Miscellaneous Budget Amendment 015 


9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 

None 

10. PUBLIC ITEMS 

A. PUBLIC HEARINGS 

1. Final Consideration of Natural Gas Franchise Ordinance 


Legislative 

B. PUBLIC DISCUSSION ITEMS 

Please give your name and address, and then give your remarks. Please try to limit your 

remarks to three minutes. 

1. Item Removed from Agenda 186 

2. Request to Speak from Fred Mensing Regarding Settlement of 

Promised Lawsuit 187-188 

C. PUBLIC NOTICE ITEMS 

None 

11. COUNTY ADMINISTRATOR MATTERS 

None 


12. DEPARTMENTAL MATTERS PAGE 

A. Community Development 

1. Consideration of Next Level Security Systems, Inc.’s Request for a 

Local Jobs Grant 


2. Consideration of License Agreement with the City of Vero Beach 

for a Temporary Transit Hub Located at the Vero Beach Municipal 

Airport 


B. Emergency Services 

None 

C. General Services 

None 

D. Human Resources 

None 

E. Human Services 

None 

F. Leisure Services 

None 

G. Office of Management and Budget 

None 

H. Recreation 

None 

I. Public Works 

None 


12. DEPARTMENTAL MATTERS PAGE 

J. Utilities Services 

1. Approval of Amendment No. 1 to Work Order No. 1 for the Storm 

Grove Road Stormwater Reclamation Project for Additional Reuse 

Water Supply 


2. Approval of Bid Award for IRC Bid No. 2013028 Utilities RO 

Plants Lime Slurry Injection 


3. Rescind Scheduled Rate Increase, and Maintain Existing Reclaimed 

Water Rate 


13. COUNTY ATTORNEY MATTERS 

A. Escheated Homestead Property Located at 3080 10 th Court 


B. Initial Review of Proposed Ordinance Allowing Additional Homestead 

Exemption for Qualifying Senior Citizens (Pursuant to Amendment 11) 

Permission to Advertise for Public Hearing 


C. Initial Review of Proposed Ordinance Reorganizing Chapter 213 of the IRC 

Code and Repealing and Replacing Ordinance 2001-021 – Relating to 

Property Tax Exemptions/Reductions, Permission to Advertise for Public 

Hearing 


D. Interlocal Agreement Relating to Multi-County Citrus Agent 


E. Selection of New County Attorney 


14. COMMISSIONERS ITEMS 

A. Commissioner Joseph E. Flescher, Chairman 

None 

B. Commissioner Wesley S. Davis, Vice Chairman 

None 


14. COMMISSIONERS ITEMS PAGE 

C. Commissioner Peter D. O’Bryan 

1. Consideration of a Resolution Regarding the Indian River Lagoon 


2. Update on the Medicaid Issue 

(memorandum dated April 30, 2013) 320 

D. Commissioner Bob Solari 

1. Lawn Litter Ordinance 

(memorandum dated May 1, 2013) 321 

E. Commissioner Tim Zorc 

1. All Aboard Florida 


2. Economic Development Council Member Composition and the 

Sunshine Law 

(memorandum dated April 26, 2013) 324 

15. SPECIAL DISTRICTS AND BOARDS 

A. Emergency Services District 

None 

B. Solid Waste Disposal District 

None 

C. Environmental Control Board 

None 

16. ADJOURNMENT 

Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure 

that a verbatim record of the proceedings is made which includes the testimony and evidence upon 

which the appeal will be based. 

Anyone who needs a special accommodation for this meeting may contact the County’s 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. 


BROADWAY ST 

102 TER 

JUNGLE TR 

28 CT 

Date: 4/5/2013 

2010 FEDERAL FUNCTIONAL CLASSIFICATION MAP (Draft as of 4/5/2013) 

INDIAN RIVER COUNTY 

2010 Federal Highway Administration (FHWA) 

Adjusted Urban Areas: 

Fellsmere, and Sebastian--Vero Beach South 

I 

2 1 0 2 

Miles 

SCALE: 1:60,000 

BREVARD COUNTY 


138 AVE 

95 ST 

I7 512 I7 512 

87 ST 

90 AVE 

I7 505 

ROSELAND RD 

SEBASTIAN BLVD 

LACONIA ST 

130 ST 

MAIN ST 

FLEMING ST 

EASY ST 

INDIAN RIVER DR 

BARBER ST 

SCHUMANN DR 

FEDERAL HWY 

SR A1A 

WABASSO BEACH RD 

Principal Arterial (Rural/Urban) 

Interstate 

Other Freeways & Expressways 

Other Principal Arterial 

Minor Arterial (Rural/Urban) 

Minor Arterial 

Collector (Rural/Urban) 

Major Collector 

Major Collector - Future Route 

Minor Collector 

Local (Rural/Urban) 

Local 

2010 Draft FHWA Adjusted Urban Boundaries 

County Boundaries 

85 ST 

91 AVE 

77 ST 

ATLANTIC OCEAN 

Path: S:\Transportation Development\PLEM\Transportation Statistics\Highway\Functional Classification\2012 Funclass\GIS\2010_MXDs\INDIAN_RIVRE_Funclass_2010_0405.mxd Date: 4/5/2013 

OSCEOLA COUNTY 


?@ 91 

TURNPIKE 

BLUE CYPRESS LAKE RD 

OKEECHOBEE COUNTY 


I7 507 I7 630 I7 612 

20 ST 

I7 512 I7 606 I7 5A I7 605 

"/ 1 

53 ST 

!#"$ 95 

?@ 5 

?@ 9 

41 ST 

?@ 60 

?@ 510 ?@ 656 

12 ST 

12 ST 

I7 609 

I7 611 

?@ 91 

TURNPIKE 

FELLSMERE RD 


ST. LUCIE COUNTY 

98 AVE 

I-95 

90 AVE 

82 AVE 

RANCH RD/82 AVE 

16 ST 

OSLO RD 

69 ST 

I7 615 

66 AVE 

26 ST 

66 AVE 

65 ST 

8 ST 

58 AVE 

COLLEGE LN 

SW 58 AVE 

I7 632 

13 ST SW 

45 ST 

43 AVE 

49 ST 

4 ST 

25 ST SW 

16 ST 

5 ST SW 

28 AVE 

27 AVE 

27 AVE SW 

OLD DIXIE HWY 

AVIATION BLVD 

1 ST SW 

20 AVE 

20 AVE SW 

27 ST 

21 ST 

19 PL 

17 AVE SW 

12 AVE 

INDIAN RIVER BLVD 

37 ST 

30 ST 

23 ST 

10 AVE 

21 ST 

20 PL 

6 AVE 

HIGHLAND DR SW 

?@ A1A 

LIVE OAK RD 

GREYTWIG RD 

BEACHLAND BLVD 

INDIAN RIVER BLVD 

FEDERAL HWY 

17 ST 

OLD DIXIE HWY 

OCEAN DR 

RIOMAR DR 

OCEAN DR 

Board of County Commisionners Director 

Metropolitan Planning Organization Chairman 

Florida Department of Transportation 

D4 Secretary 

Federal Highway Administration 

PREPARED BY: 

Date 

Date 

Date 

Date

Item removed from agenda

JEFFREY R. SMITH 

Clerk to the Board 

INDEX TO MINUTES OF REGULAR MEETING 

OF BOARD OF COUNTY COMMISSIONERS 

APRIL 2, 2013 

1. CALL TO ORDER .............................................................................................................................. 1 

2. INVOCATION .................................................................................................................................... 1 

3. PLEDGE OF ALLEGIANCE ............................................................................................................ 1 

4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE ..................... 2 

5. PROCLAMATIONS AND PRESENTATIONS .............................................................................. 2 

5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD TO KENNETH CHATAM 

ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY 

COMMISSIONERS’ DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH 

THIRTY-TWO YEARS OF SERVICE........................................................................................ 2 

5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2013, AS 

CHILD ABUSE PREVENTION MONTH .................................................................................... 2 

5.C. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 9, 2013 AS INDIAN RIVER 

GENEALOGICAL SOCIETY DAY............................................................................................ 3 

5.D. PRESENTATION OF PROCLAMATION FOR GENERAL AVIATION APPRECIATION MONTH ........... 3 

6. APPROVAL OF MINUTES .............................................................................................................. 3 

April 2, 2013 1

6.A. MEETING OF FEBRUARY 5, 2013 SPECIAL CALL LDR AMENDMENTS .................................... 3 

6.B. REGULAR MEETING OF FEBRUARY 12, 2013 ........................................................................ 3 

6.C. REGULAR MEETING OF FEBRUARY 19, 2013 ........................................................................ 3 

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING 

BOARD ACTION ............................................................................................................................... 4 

7.A. APPOINTMENT OF DEPARTMENT OF CHILDREN AND FAMILIES REPRESENTATIVE TO THE 

CHILDREN’S SERVICES ADVISORY COMMITTEE (CSAC) ...................................................... 4 

8. CONSENT AGENDA ........................................................................................................................ 4 

8.A. APPROVAL OF WARRANTS MARCH 8, 2013 TO MARCH 14, 2013 ........................................... 4 

8.B. APPROVAL OF WARRANTS MARCH 15, 2013 TO MARCH 21, 2013 ......................................... 5 

8.C. OUT OF COUNTY TRAVEL TO ATTEND THE 2013 FLORIDA ASSOCIATION OF COUNTIES 

ANNUAL CONFERENCE AND EDUCATIONAL EXPOSITION ...................................................... 5 

8.D. AUTHORIZATION TO ATTEND FLORIDA GOVERNMENT FINANCE OFFICERS 

ASSOCIATION (FGFOA) ANNUAL CONFERENCE .................................................................. 5 

8.E. FINAL PAYMENT, APPROVAL OF CHANGE ORDER NO. 1 AND RELEASE OF RETAINAGE 

8.F. 

8.G. 

8.H. 

8.I. 

8.J. 

8.K. 

TO CLOSE CONSTRUCTION, LLC FOR MODIFICATIONS TO EGRET MARSH STORMWATER 

PARK FLOWAY ................................................................................................................... 6 

APPROVAL OF EXPENDITURES FOR EMERGENCY MANAGEMENT FEDERALLY-FUNDED 

SUBGRANT AGREEMENT 13-BG-06-10-40-01-031 ............................................................... 6 

APPROVAL OF THE CERT (COMMUNITY EMERGENCY RESPONSE TEAM) BASIC COURSE 

DELIVERY AGREEMENT ...................................................................................................... 7 

APPROVAL OF RESOLUTION ADOPTING THE 2013 INDIAN RIVER COUNTY EMERGENCY 

PLAN FOR HAZARDOUS MATERIALS .................................................................................... 7 

PERPETUAL EASEMENT AGREEMENT BETWEEN FELLSMERE 512, LLC AND INDIAN 

RIVER COUNTY .................................................................................................................. 7 

CHILDREN’S SERVICES ADVISORY COMMITTEE’S RECOMMENDATION REQUEST FOR 

PROPOSAL (RFP) # 201329 NEW FOCUS AREAS FOR 2013-14 AND SAMPLE AGENCY 

CONTRACT TO BE USED ...................................................................................................... 8 

MEMORANDUM OF UNDERSTANDING BETWEEN INDIAN RIVER COUNTY AND 

SEBASTIAN INLET DISTRICT FOR COORDINATION OF SUPPLEMENTAL DOWNDRIFT 

NOURISHMENT AND RELATED COASTAL ACTIVITIES ........................................................... 8 

April 2, 2013 2

8.L. 

8.M. 

APPROVAL OF THE INCIDENT COMMAND SYSTEM POSITION SPECIFIC TRAINING 

SERVICES AGREEMENTS WITH THE TREASURE COAST REGIONAL PLANNING COUNCIL 

(TCRPC) ........................................................................................................................... 9 

APPROVAL OF THE CERT (COMMUNITY EMERGENCY RESPONSE TEAM) PUBLIC CPR & 

AED TRAINING CLASSES AND EQUIPMENT ........................................................................ 10 

9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE .................10 

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

10.A. PUBLIC HEARINGS ....................................................................................................... 10 

10.A.1. PUBLIC HEARING AND ADOPTION OF ORDINANCE ESTABLISHING AMNESTY PROGRAM 

FOR CERTAIN UTILITY DELINQUENCY CHARGES (LEGISLATIVE) ........................................ 10 

10.B. PUBLIC DISCUSSION ITEMS ........................................................................................ 11 

10.B.1. REQUEST TO SPEAK FROM AUDRA ARDRA RIGBY AND BILL RIGBY REGARDING 

RECAPPING THE DECISION REGARDING WASTE HAULING SERVICES .................................. 11 

10.C. PUBLIC NOTICE ITEMS - NONE ................................................................................... 12 

11. COUNTY ADMINISTRATOR MATTERS - NONE ....................................................................12 

12. DEPARTMENTAL MATTERS ......................................................................................................12 

12.A. COMMUNITY DEVELOPMENT ............................................................................................ 12 

12.A.1. CONSIDERATION OF TRITON SUBMARINES, LLC’S REQUEST FOR A LOCAL JOBS GRANT .... 12 

12.B. EMERGENCY SERVICES - NONE ......................................................................................... 14 

12.C. GENERAL SERVICES - NONE ............................................................................................. 14 

12.D. HUMAN RESOURCES - NONE ............................................................................................. 14 

12.E. HUMAN SERVICES - NONE ................................................................................................ 14 

12.F. LEISURE SERVICES - NONE ............................................................................................... 14 

12.G. OFFICE OF MANAGEMENT AND BUDGET ............................................................................ 14 

12.G.1. REPORT ON OUTSTANDING COUNTY DEBT ISSUES ............................................................ 14 

12.G.2. ADDITIONAL LEGISLATIVE ISSUES – 2013 SESSION .......................................................... 15 

12.G.3. SHERIFF’S DEPARTMENT REQUEST FOR FUNDING – PATROL VEHICLES ............................. 16 

12.H. RECREATION - NONE ........................................................................................................ 18 

12.I. PUBLIC WORKS - NONE .................................................................................................... 18 

April 2, 2013 3

12.J. UTILITIES SERVICES - NONE ............................................................................................. 18 

13. COUNTY ATTORNEY MATTERS ...............................................................................................18 

13.A. PERMISSION TO FILE SUIT FOR AN INJUNCTION AGAINST PERSISTENT CODE VIOLATOR ...... 18 

13.B. HOMESTEADED ESCHEATED PROPERTY ............................................................................. 19 

13.C. INITIAL CONSIDERATION OF NATURAL GAS FRANCHISE ORDINANCE – PERMISSION TO 

ADVERTISE FOR PUBLIC HEARING .................................................................................... 21 

13.D. FREDERICK D. MENSING, III, AND RITA F. MENSING V. INDIAN RIVER COUNTY, PENDING 

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, CASE NO. 

312010CA075009 AND FREDERICK D. MENSING, III V. INDIAN RIVER COUNTY, ROBERT 

SOLARI, GARY C. WHEELER, WESLEY S. DAVIS, PETER D. O’BRIAN [SIC], WILLIAM G. 

COLLINS, II, ROBERT KEATING, CHRISTOPHER N. KIRRIE, CHRISTOPHER WILLIAM KIRRIE, 

AND ROBERT CHESTER KIRRIE, PENDING IN THE CIRCUIT COURT OF THE NINETEENTH 

JUDICIAL CIRCUIT, CASE NO. 312012CA000976 ............................................................... 22 

14. COMMISSIONER ITEMS ...............................................................................................................24 

14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN - NONE ................................................. 24 

14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN ........................................................ 24 

14.B.1. APPOINTMENT TO VERO LAKE ESTATES (VLE) MUNICIPAL SERVICE TAXING UNIT 

(MSTU) ADVISORY COMMITTEE....................................................................................... 24 

14.C. COMMISSIONER PETER D. O’BRYAN - NONE ..................................................................... 25 

14.D. COMMISSIONER BOB SOLARI - NONE ................................................................................ 25 

14.E. COMMISSIONER TIM ZORC ................................................................................................ 25 

14.E.1. VERO BEACH SPORTS VILLAGE ........................................................................................ 25 

14.E.2. TRANSPORTATION HUB .................................................................................................... 27 

14.E.3. INDIAN RIVER COUNTY LAGOON SYMPOSIUM ................................................................... 27 

15. SPECIAL DISTRICTS AND BOARDS .........................................................................................28 

15.A. EMERGENCY SERVICES DISTRICT -NONE........................................................................... 28 

15.B. SOLID WASTE DISPOSAL DISTRICT ................................................................................... 28 

15.B.1. APPROVAL OF MINUTES MEETING OF FEBRUARY 19, 2013 ................................................. 28 

15.B.2. AMENDMENT NO. 2 TO REPUBLIC SERVICES FOR LANDFILL DITCH ENHANCEMENT 

PROJECT .......................................................................................................................... 28 

April 2, 2013 4

15.C. ENVIRONMENTAL CONTROL BOARD - NONE ...................................................................... 28 

16. ADJOURNMENT .............................................................................................................................28 

April 2, 2013 5

JEFFREY R. SMITH 

Clerk to the Board 

April 2, 2013 

REGULAR MEETING OF THE BOARD OF COUNTY 

COMMISSIONERS 

The Board of County Commissioners of Indian River County, Florida, met in Regular 

Session at the County Commission Chambers, 1801 27 th Street, Vero Beach, Florida, on 

Tuesday, April 2, 2013. Present were Chairman Joseph E. Flescher, Vice Chairman Wesley S. 

Davis, and Commissioners Peter D. O’Bryan, Bob Solari, and Tim Zorc. Also present were 

County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy 

Clerk Maureen Gelfo. 

1. CALL TO ORDER 

Chairman Flescher called the meeting to order at 9:00 a.m. 

2. INVOCATION 

Vice Chairman Davis delivered the Invocation. 

3. PLEDGE OF ALLEGIANCE 

Commissioner Solari led the Pledge of Allegiance to the Flag. 

April 2, 2013 1

4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 

- NONE 

ON MOTION by Vice Chairman Davis, SECONDED by 

Chairman Flescher, the Board unanimously approved the 

Agenda as presented. 

5. PROCLAMATIONS AND PRESENTATIONS 

5.A. 

PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD TO 

KENNETH CHATAM ON HIS RETIREMENT FROM INDIAN RIVER COUNTY 

BOARD OF COUNTY COMMISSIONERS’ DEPARTMENT OF EMERGENCY 

SERVICES/FIRE RESCUE WITH THIRTY-TWO YEARS OF SERVICE 

Chairman Flescher read and presented the Proclamation and Retirement Award to 

Kenneth Chatam, retiring from the County’s Emergency Services/Fire Rescue Division. 

Director of Emergency Services Director John King commended Mr. Chatam on his 

service to the community. 

5.B. 

PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF 

APRIL, 2013, AS CHILD ABUSE PREVENTION MONTH 

Vice Chairman Davis read and presented the Proclamation to Exchange Club of Indian 

River President Aaron Bowles and President-Elect Jenny Frederick, to District Exchange Club 

President Diana Walker and Immediate Past President Eric Menger, and various club members 

who were in attendance. 

April 2, 2013 2

5.C. 

PRESENTATION OF PROCLAMATION DESIGNATING APRIL 9, 2013 AS 

INDIAN RIVER GENEALOGICAL SOCIETY DAY 

Commissioner Solari read and presented the Proclamation to the Indian River 

Genealogical Society President Bob Satola; Vice President Sharon Robertson; Board Member 

Joy Eakin, and one other Society member (name undisclosed). 

5.D. 

PRESENTATION OF PROCLAMATION FOR GENERAL AVIATION 

APPRECIATION MONTH 

Commissioner O’Bryan read and presented the Proclamation to Jackie Carlon, Marketing 

Director Piper Aircraft; and Eric Menger, Airport Director Vero Beach Municipal Airport. 

6. APPROVAL OF MINUTES 

6.A. MEETING OF FEBRUARY 5, 2013 SPECIAL CALL LDR AMENDMENTS 

6.B. REGULAR MEETING OF FEBRUARY 12, 2013 

6.C. REGULAR MEETING OF FEBRUARY 19, 2013 

The Chairman asked if there were any corrections or additions to the minutes. There 

were none. 


Commissioner O’Bryan, the Board unanimously approved 

the minutes of the February 5, 2013 Special Call meeting 

– LDR Amendments; the February 12, 2013 meeting; and 

the February 19, 2013 meeting, as written. 

April 2, 2013 3

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS 

NOT REQUIRING BOARD ACTION 

7.A. 

APPOINTMENT OF DEPARTMENT OF CHILDREN AND FAMILIES 

REPRESENTATIVE TO THE CHILDREN’S SERVICES ADVISORY 

COMMITTEE (CSAC) 

Noted for the record was the appointment of Robert (Bob) McPartlan to fill the Circuit 19 

Community Development Administrator position previously held by Cheri Sheffer. 

8. CONSENT AGENDA 

Commissioner O’Bryan requested to pull Item 8.K. from the Consent Agenda for 

discussion. 

Commissioner Solari requested to pull Item 8.L. for discussion. 



Consent Agenda, as amended. 

8.A. APPROVAL OF WARRANTS MARCH 8, 2013 TO MARCH 14, 2013 



list of Warrants and Wires issued by the Comptroller’s 

Office for the time period of March 8, 2013 to March 14, 

2013, as requested in the memorandum of March 14, 

2013. 

April 2, 2013 4

8.B. APPROVAL OF WARRANTS MARCH 15, 2013 TO MARCH 21, 2013 



list of Warrants and Wires issued by the Comptroller’s 

Office for the time period of March 15, 2013 to March 21, 

2013, as requested in the memorandum of March 21, 

2013. 

8.C. 

OUT OF COUNTY TRAVEL TO ATTEND THE 2013 FLORIDA 

ASSOCIATION OF COUNTIES ANNUAL CONFERENCE AND EDUCATIONAL 

EXPOSITION 


Chairman Flescher, the Board unanimously approved out 

of County travel for Commissioners and staff to attend the 

2013 Florida Association of Counties Annual Conference 

and Educational Exposition in Tampa, Florida on June 25 

through June 28, 2013, as requested in the memorandum 

of March 20, 2013. 

8.D. 

AUTHORIZATION TO ATTEND FLORIDA GOVERNMENT FINANCE 

OFFICERS ASSOCIATION (FGFOA) ANNUAL CONFERENCE 


Chairman Flescher, the Board unanimously authorized the 

County Administrator to attend the 2013 Florida 

Government Finance Officers Association (FGFOA) 

Annual Conference June 22 – 26, 2013, in Boca Raton, 

April 2, 2013 5

Florida, as requested in the memorandum of March 25, 

2013. 

8.E. 

FINAL PAYMENT, APPROVAL OF CHANGE ORDER NO. 1 AND RELEASE 

OF RETAINAGE TO CLOSE CONSTRUCTION, LLC FOR MODIFICATIONS 

TO EGRET MARSH STORMWATER PARK FLOWAY 


Chairman Flescher, the Board unanimously approved: (1) 

final payment to Close Construction, LLC, including 

release of retainage; (2) approved Change Order No. 1; 

and (3) authorized the Chairman to execute all documents 

necessary to accomplish the action, as recommended in 

the memorandum of March 13, 2013. 

CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 

8.F. 

APPROVAL OF EXPENDITURES FOR EMERGENCY MANAGEMENT 

FEDERALLY-FUNDED SUBGRANT AGREEMENT 13-BG-06-10-40-01-031 


Chairman Flescher, the Board unanimously approved of 

expenditures as directed in the Federally Funded Subgrant 

Agreement (13-BG-06-10-40-01-031), as recommended in 

the memorandum of March 13, 2013. 

April 2, 2013 6

8.G. 

APPROVAL OF THE CERT (COMMUNITY EMERGENCY RESPONSE 

TEAM) BASIC COURSE DELIVERY AGREEMENT 



expenditures as stated in the Critical Infrastructure 

Support Group, LLC (CISG) Community Emergency 

Response Team (CERT) training contract, and authorized 

the Chairman to execute the agreements, as recommended 

in the memorandum of March 15, 2013. 

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

8.H. 

APPROVAL OF RESOLUTION ADOPTING THE 2013 INDIAN RIVER 

COUNTY EMERGENCY PLAN FOR HAZARDOUS MATERIALS 


Chairman Flescher, the Board unanimously approved 

Resolution 2013-026, approving the Indian River County 

Hazardous Materials Emergency Plan. 

8.I. 

PERPETUAL EASEMENT AGREEMENT BETWEEN FELLSMERE 512, LLC 

AND INDIAN RIVER COUNTY 


Chairman Flescher, the Board unanimously approved and 

authorized the Chairman to execute the Non-Exclusive 

Road Easement Agreement with Fellsmere 512, LLC, as 

recommended in the memorandum of March 20, 2013. 

April 2, 2013 7


8.J. 

CHILDREN’S SERVICES ADVISORY COMMITTEE’S RECOMMENDATION 

REQUEST FOR PROPOSAL (RFP) # 201329 NEW FOCUS AREAS FOR 

2013-14 AND SAMPLE AGENCY CONTRACT TO BE USED 


Chairman Flescher, the Board unanimously: (1) accepted 

the Request For Proposal (RFP) #201329 for 2013-14, 

Focus Areas and Agency Contract, as submitted; and (2) 

authorized the Chairman to execute the individual 

contracts, as recommended in the memorandum of April 

2, 2013. 

8.K. 

MEMORANDUM OF UNDERSTANDING BETWEEN INDIAN RIVER COUNTY 

AND SEBASTIAN INLET DISTRICT FOR COORDINATION OF 

SUPPLEMENTAL DOWNDRIFT NOURISHMENT AND RELATED COASTAL 

ACTIVITIES 

Commissioner O’Bryan remarked on the Sebastian Inlet District’s unprecedented 

cooperation with the County, and acknowledged the leadership of the Chairman, Beth Mitchell, 

and the Administrator, Marty Smithson. 

MOTION WAS MADE by Commissioner O’Bryan, 

SECONDED by Chairman Flescher, to approve and 

authorize the Chairman to execute the Memorandum of 

April 2, 2013 8

Understanding between the County and the Sebastian Inlet 

District. 

Coastal Engineer James Gray, responding to the Board’s request for additional 

information, displayed slides showing the primary placement and supplemental locations for fill 

placement. 

Mr. Smithson relayed appreciation for the District’s positive working relationship with 

the County. 

The Chairman CALLED THE QUESTION, and the 

Motion carried unanimously. 


8.L. 

APPROVAL OF THE INCIDENT COMMAND SYSTEM POSITION SPECIFIC 

TRAINING SERVICES AGREEMENTS WITH THE TREASURE COAST 

REGIONAL PLANNING COUNCIL (TCRPC) 

Commissioner Solari questioned why local businesses were not being afforded the 

opportunity to provide the disaster training services. 

Emergency Services Director John King explained that few companies qualify to do the 

training; however, the Treasure Coast Regional Planning Council is knowledgeable about the 

few firms who can provide the training. He noted that private sector businesses will be helping 

teach the classes. 


Chairman Flescher, the Board unanimously: (1) approved 

the Treasure Coast Regional Planning Council (TCRPC) 

April 2, 2013 9

Training Contract; and (2) authorized the Chairman to 

execute the agreements, as recommended in the 

memorandum of March 22, 2013. 

(Clerk’s Note: The services are being funded by a Homeland Security Grant). 


8.M. APPROVAL OF THE CERT (COMMUNITY EMERGENCY RESPONSE 

TEAM) PUBLIC CPR & AED TRAINING CLASSES AND EQUIPMENT 



expenditures as stated in the Florida Heart CPR Training 

Agreement; and authorized the Chairman to execute the 

agreements, as recommended in the memorandum of 

March 22, 2013. 


9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL 

AGENCIES - NONE 

10. PUBLIC ITEMS 

10.A. PUBLIC HEARINGS 

10.A.1. PUBLIC HEARING AND ADOPTION OF ORDINANCE ESTABLISHING 

AMNESTY PROGRAM FOR CERTAIN UTILITY DELINQUENCY CHARGES 

(LEGISLATIVE) 

April 2, 2013 10

PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE 

OFFICE OF THE CLERK TO THE BOARD 

County Attorney Alan S. Polackwich, Sr. provided background on staff’s request to 

create a new amnesty program to waive fees on delinquent Equivalent Residential Units (ERUs) 

service availability charges. He recalled that there had formerly been an amnesty program from 

February 14, 2012 through March 31, 2012, and that on March 19, 2013, the Board had approved 

in concept, to extend the program by adopting the proposed ordinance. He thereafter asked the 

Board to consider reopening a new amnesty program for the period of April 2, 2013 to August 

31, 2013, whereupon delinquency charges would be waived upon payment in full of outstanding 

reserved ERU Service Availability Charges. 

The Chairman opened the Public Hearing. 

There being no speakers, the Chairman closed the Public Hearing. 

ON MOTION by Commissioner Solari, SECONDED by 

Chairman Flescher, the Board unanimously adopted 

Ordinance 2013-002, amending Section 201.08(J)(4) of 

the Code of Indian River County; establishing an amnesty 

program relating to delinquency charges on certain utility 

service availability charges; making findings and 

providing for severability, codification and an effective 

date. 

10.B. PUBLIC DISCUSSION ITEMS 

10.B.1. REQUEST TO SPEAK FROM AUDRA ARDRA RIGBY AND BILL RIGBY 

REGARDING RECAPPING THE DECISION REGARDING WASTE HAULING 

SERVICES 

April 2, 2013 11

Bill Rigby and Ardra Rigby, 8465 59 th Avenue, Capital Sanitation, Inc., addressed the 

Board with statements and questions pertaining to the County’s past actions with regards to the 

waste hauling franchises. They alleged that the County has not complied with the Appendix of 

Special Acts, Chapter 59-1380, (the Utility Act of Indian River County) in securing its waste 

hauling franchises; asked the Board to recall the original intent of the Enterprise Zone; and 

disputed the Board’s decision on April 21, 2009, to not award to their firm the waste hauling 

franchise in that area. 

Detailed and lengthy discussion ensued. The Rigby’s provided further details about their 

company’s activities, and the Board and County Administrator reiterated concerns expressed at 

prior meetings. 

The Rigby’s stressed that their company, Capital Sanitation, Inc., is not the same 

company as the Sebastian firm, Capital Sanitation. 

Commissioner Zorc offered to meet with the Rigby’s and other interested parties, to see 

what can be done to foster business opportunities for minority-owned and small businesses. 

Bill Rigby thanked Commissioner Zorc. 

10.C. PUBLIC NOTICE ITEMS - NONE 

11. COUNTY ADMINISTRATOR MATTERS - NONE 

12. DEPARTMENTAL MATTERS 

12.A. COMMUNITY DEVELOPMENT 

12.A.1. CONSIDERATION OF TRITON SUBMARINES, LLC’S REQUEST FOR A 

LOCAL JOBS GRANT 

April 2, 2013 12

Community Development Director Bob Keating reviewed the jobs grant criteria and 

qualifications of Triton Submarines, LLC for a Local Jobs Grant. He affirmed that staff has 

performed its due diligence, and conveyed that the Economic Development Council (EDC), as 

well as staff, recommends that the Board approve the jobs grant in an amount of up to 

$94,000.00. 

Helene Caseltine, Economic Development Director, Indian River Chamber of 

Commerce, spoke to the advantages of having Triton Submarines in the community. 

Patrick Lahey, President, Triton Submarines, invited the Commissioners and public to 

visit the company at State Road 60 and 90 th Avenue. 

MOTION WAS MADE by Commissioner Solari, 

SECONDED by Chairman Flescher, to approve staff’s 

recommendation. 

Director Keating, in response to Commissioner Solari’s request, agreed to provide the 

Board with an updated jobs grant spreadsheet. 


Motion carried unanimously. The Board: (1) approved a 

Local Jobs Grant of up to $94,000 for Triton Submarines, 

LLC; and (2) authorized the Chairman to execute the Jobs 

Grant Agreement with same after approval of the 

agreement by appropriate County staff and the County 

Attorney’s office, as recommended in the memorandum of 

March 19, 2013. 


April 2, 2013 13

12.B. EMERGENCY SERVICES - NONE 

12.C. GENERAL SERVICES - NONE 

12.D. HUMAN RESOURCES - NONE 

12.E. HUMAN SERVICES - NONE 

12.F. LEISURE SERVICES - NONE 

The Chairman called a recess at 10:27 a.m., and reconvened the meeting at 10:39 a.m., 

with all members present. 

12.G. OFFICE OF MANAGEMENT AND BUDGET 

12.G.1. REPORT ON OUTSTANDING COUNTY DEBT ISSUES 

Director of Management and Budget Jason Brown recalled the Board’s request on March 

12, 2013, for staff to bring back a report on the County’s outstanding long-term debt. He used a 

PowerPoint presentation (copy on file) and reviewed his memorandum of March 22, 2013, to 

provide details and analysis regarding each of five (5) outstanding bond issues, as follows: 

Limited General Obligation Bonds, Series 2006 

Spring Training Facility Revenue Bonds, Series 2001 

Recreational Revenue Refunding Bonds, Series 2003 

Water & Sewer Refunding Revenue Bonds, Series 2005 

Water & Sewer Refunding Revenue Bonds, Series 2009 

April 2, 2013 14

Discussion arose regarding the possibility of paying off the Series 2001 Spring Training 

Facility Revenue Bonds early, because of the high interest rate (4.87%). A suggestion was made 

to use the One-Cent Tourist Development Tax to help pay down the bond issues, but 

Administrator Baird stressed that tourist tax must be used for specific improvements, such as a 

stadium or sports facility. 

Dialogue continued as staff addressed the Board’s comments and questions about the 

County Golf Course (Recreational Revenue Refunding Bonds, Series 2003); and Utilities 

System (Water & Sewer Revenue Refunding Bonds Series 2005). 

A suggestion was made to consider using a portion of the utility funds to ameliorate 

possible septic tank leakage into the Indian River Lagoon. 

Administrator Baird advised that state grants were available to help with septic tank 

seepage, and suggested the Board explore that avenue before making any decisions. 

In conclusion, Director Brown reported that staff anticipates being able to pay off two out 

of the five bond issues by 2015. 

No Board Action Required or Taken 

12.G.2. ADDITIONAL LEGISLATIVE ISSUES – 2013 SESSION 

Director Brown provided background and analysis on proposed bills in the legislature: 

 

House Bill 7123, f/k/a/ PCB-SCCB 13-01, would increase the sovereign 

immunity caps for local governments; it appears that the bill will not be moved 

forward. 

April 2, 2013 15

The Medicaid Glitch Bill would assign a base amount to be paid by the County 

for Medicaid claims (much greater than the amount currently paid); the base 

amount would increase each year by an inflation factor. 

 

House Bill 1117/Senate Bill 1244, would require the Department of Children and 

Families to assess the County’s distribution of funds for Medicaid, and submit 

recommendations to the legislature by July 1, 2014; this issue will be dealt with 

during the next legislative session. 

Director Brown, with assistance from Administrator Baird, also reviewed the list of 

legislative priorities that was established at the December 4, 2012 County Commission meeting 

(see page 221 of the agenda package). 

Discussion followed as comments were made on available funding sources for beach 

renourishment projects, and the status of the County’s proposed amendments to FS 180.029(2) 

and FS 153.03(1), requiring that the County give consent before the municipalities can extend 

certain utility services into the unincorporated areas of the County (see minutes of December 11, 

2012). 

No Board Action Required or Taken 

12.G.3. SHERIFF’S DEPARTMENT REQUEST FOR FUNDING – PATROL VEHICLES 

MOTION WAS MADE by Vice Chairman Davis, 



April 2, 2013 16

Sheriff Loar responded to the Board’s questions about the patrol vehicles and special 

equipment he was purchasing. It was noted that due to the low prices the Sheriff had obtained on 

the cars, it would be possible to purchase 24 automobiles, rather than the 20 mentioned at the 

March 19, 2012 Commission meeting. 

County Administrator Baird revealed that staff would return with a budget amendment 

once the Sheriff responds to his letter of March 21, 2013 requesting further information 

regarding the equipment that will be purchased and projected expenses in the current fiscal year 

for salaries and capital expenditures. He also outlined the funding sources, as presented in 

staff’s recommendation. 

Sheriff Loar expressed his appreciation to the Board. He also cited the financial impact 

to the Sheriff’s Department of a recent crime, to highlight the difficulty of reserving for capital 

expenditures. 

A brief discussion occurred as Commissioner Solari addressed remarks to the Sheriff 

about capital expenditures, and the proposal to list the Constitutional Officers budgets on the 

TRIM notices. 

The Chairman CALLED THE QUESTION, and by a 4-1 

vote (Commissioner Solari opposed), the Board: (1) 

approved the funding system recommended for purchase 

of twenty-four (24) Sheriff’s Department patrol vehicles at 

an amount not to exceed $800,000; (2) authorized One 

Cent Sales Tax funds as the funding source for the 

vehicles and any capital equipment with a useful life of 

five (5) years or more (all non-capital items or those with 

a useful life of less than five (5) years will be funded from 

the M.S.T.U. Fund reserves); (3) authorized the proceeds 

from the sale of the twenty-four (24) vehicles to be sold 

April 2, 2013 17

and allocated for the purchase of the Fleet Management 

software currently used by the County, and that any 

remaining funds be retained by the County to offset the 

cost of the non-capital items needed to equip the new 

patrol vehicles; and (4) authorized a budget amendment to 

allocate these funds at a future date once all necessary 

information is received from the Sheriff’s Department. 

12.H. RECREATION - NONE 

12.I. PUBLIC WORKS - NONE 

12.J. UTILITIES SERVICES - NONE 

13. COUNTY ATTORNEY MATTERS 

13.A. PERMISSION TO FILE SUIT FOR AN INJUNCTION AGAINST PERSISTENT 

CODE VIOLATOR 

Deputy County Attorney Bill DeBraal recapped his memorandum of March 22, 2013 to 

provide background and conditions relative to a Code Enforcement Board order levied in 2008 

on a property owned by Stephanie Wright, located at 2334 1 st Place SW in Ixora Park. He 

explained that Ms. Wright’s property was cited for an abundance of overgrown weeds on the 

property, which has not been mowed for some time. He presented five (5) possible options to 

resolve this matter and recommended that the Board seek injunctive relief to get Ms. Wright to 

maintain the property, and continue to maintain her yard, in accordance with County Code. 

Stephanie Wright addressed the Board about her situation, explaining that she grows 

nursery plants (herbs and shrubs) for her family and pets, and that she has experienced problems 

April 2, 2013 18

with her neighbors trespassing and killing several plants with herbicide. She relayed that she is 

in the process of mulching the right-of-way area, as a remedy for the situation. 

A lengthy discussion ensued about the condition of Ms. Wright’s property, and what she 

would need to do to bring it into compliance with the residential zoning requirements. 

After the Board questioned Ms. Wright, it was determined that she intended to mulch the 

easement area, but continue her current landscaping practices on her personal property. 

Chairman Flescher advised that he did not believe mulching would resolve the code 

enforcement issue. 

MOTION WAS MADE by Commissioner O’Bryan, 

SECONDED by Commissioner Solari, to authorize the 

County Attorney’s office to file suit in Circuit Court for 

injunctive relief asking the court to force Stephanie 

Wright to maintain the property in accordance with 

County Code and have her continue to maintain her yard 

as ordered by the court. 

The Board continued to express their individual viewpoints on Ms. Wright’s situation. 



13.B. HOMESTEADED ESCHEATED PROPERTY 

April 2, 2013 19

Attorney DeBraal recapped his memorandum of March 27, 2013, providing background 

and conditions relative to a property that has escheated back to the County for nonpayment of 

taxes. The property is located at 3080 10 th Court in the Golf View Estates subdivision, and was 

formerly jointly owned by Douglas D. Welch and St. Lucie Consulting, Inc. He noted that Mr. 

Welch is still living on the property without benefit of a lease, and that the back taxes have never 

been paid. Attorney DeBraal reviewed the Board’s options and responded to their questions, 

thereafter recommending: (1) that Mr. Welch be asked to vacate the premises within 60 days, 

and (2) that the County sell the subject property after he departs. 

Douglas Welch explained that he has a financial backer, and will be able to pay the 

entire tax bill either today or later this week. 

Tom Tarasovic, 115 Cache Cay Drive, and Alfred J. Koontz III, 2245 St. Christopher 

Lane, tax lien/deed investors, advised that they have made arrangements to purchase the deed on 

the subject property, provided an agreement can be reached with Mr. Welch and St. Lucie 

Consulting, Inc. 

Attorney DeBraal provided his understanding of the situation, stating that once the back 

taxes are paid, the deed will be conveyed back from the County to the previous owners, and 

reconveyed to Mr. Tarasovic and Mr. Koontz III, who will become the owners of the property. 

ON MOTION by Commissioner O’Bryan, SECONDED 

by Chairman Flescher, the Board unanimously TABLED 

this matter to the County Commission meeting of April 

16, 2013, to provide two weeks for former owners 

Douglas D. Welch and St. Lucie Consulting, Inc., and 

investors Tom Tarasovic and Alfred J. Koontz III, to 

negotiate an agreement relative to the escheated property 

located at 3080 10 th Court. 

April 2, 2013 20

The Chairman called a recess at 12:27 p.m., and reconvened the meeting at 12:46 p.m., 

with all members present. 

13.C. INITIAL CONSIDERATION OF NATURAL GAS FRANCHISE ORDINANCE – 

PERMISSION TO ADVERTISE FOR PUBLIC HEARING 

County Attorney Alan S. Polackwich, Sr. provided background and analysis on this 

matter, recalling the Board’s direction on December 11, 2012, for staff to return with a proposed 

ordinance requiring a franchise and franchise fee from natural gas utilities that use the public 

rights-of-way in the unincorporated County. He noted that Florida City Gas (“the Utility”), the 

only natural gas utility operating in the County, has been advised of the proposed ordinance. He 

stated that if this item is approved today, staff will schedule a final public hearing for the Board 

to consider final adoption of the Ordinance in early May 2013, and that the starting date of the 

franchise agreement will be determined after negotiations with the Utility. 




taken: 

Staff addressed the Board’s comments/questions, after which the following action was 


Motion carried unanimously. The Board unanimously 

authorized the County Attorney’s Office to advertise the 

proposed natural gas franchise ordinance for public 

hearing and consideration of final adoption, as 

recommended in the memorandum of March 26, 2013. 

April 2, 2013 21

13.D. FREDERICK D. MENSING, III, AND RITA F. MENSING V. INDIAN RIVER 

COUNTY, PENDING IN THE CIRCUIT COURT OF THE NINETEENTH 

JUDICIAL CIRCUIT, CASE NO. 312010CA075009 AND FREDERICK D. 

MENSING, III V. INDIAN RIVER COUNTY, ROBERT SOLARI, GARY C. 

WHEELER, WESLEY S. DAVIS, PETER D. O’BRIAN [SIC], WILLIAM G. 

COLLINS, II, ROBERT KEATING, CHRISTOPHER N. KIRRIE, CHRISTOPHER 

WILLIAM KIRRIE, AND ROBERT CHESTER KIRRIE, PENDING IN THE 

CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, CASE NO. 

312012CA000976 

Attorney Polackwich reviewed his memorandum of March 19, 2013 to provide history 

and analysis on the Frederick D. Mensing III lawsuit against the County and the above parties. 

He explained that Mr. Mensing owns structures that sit upon a portion of land referred to in 

Resolution 2008-043, in which the Board accepted the implied dedication of a 60-foot strip (for 

use as a public roadway) on the Fleming Grant Plat of 1888. Mr. Mensing is requesting that the 

County release the portion of Resolution 2008-043 which encumbers those structures, thereby 

affording him clear title to his property and the opportunity to get a reverse mortgage. Attorney 

Polackwich noted that as a condition of the mortgage, Mr. Mensing would also have to settle the 

Code Enforcement and Environmental code board liens on his property. He disclosed that after 

preparing today’s agenda item, he was notified that Mr. Mensing has additional requests for 

settling the lawsuit which include, but are not limited to, the County’s forgiveness of the subject 

liens, and rezoning the property to residential. 

Fred Mensing, 7580 129 th Street (Sebastian mailing address), provided to the Board a 

copy of a fax (on file) sent from the County Attorney in 2008 to the Bank of America, and 

elaborated on his allegation that the County’s actions had defeated his ability to get a reverse 

mortgage at that time. Mr. Mensing provided further history regarding the 1888 Fleming Grant 

Plat and 1915 A.A. Berry Plat (which subdivided a portion of the Fleming Grant Plat and did not 

April 2, 2013 22

show the strips). He also asked the Board to rezone his property from agricultural to residential, 

and affirmed that he will correct the code violations if he gets the mortgage. 

C.N. Kirrie, owner of property adjacent to Mr. Mensing’s lot, provided further history on 

the plats and asked the Board not to interfere with the public’s use of the subject strip of road for 

ingress and egress. He also mentioned that pursuant to Florida Statute, the Board may not 

remove, at the inconvenience of others, a street that has been publicly accepted. 

Staff responded to a series of questions and comments from the Board regarding 

setbacks, easements, and rights-of-way, confirming that Mr. Mensing’s improvements 

constituted an encroachment upon a public roadway. 

County Surveyor David Schryver provided background history on the 1888 Fleming 

Grant Plat, and deemed that there is public right to the 60’ strip of land that has historically been 

used by the lot owners. 

Mr. Mensing informed the Board that according to Ralph Harvey, his reverse mortgage 

broker, he would need a quiet title action against Indian River County to settle the issue of the 

60’ strip of land. 

Attorney Polackwich declared that with the new condition of Mr. Mensing seeking a 

quiet title judgment in his favor, and with the mortgage lender’s requirement for him to pay off 

the liens, he did not believe that his original recommendation to rescind Resolution 2008-043 

would resolve anything, and advised the Board to take no action. 

Chairman Flescher agreed with Attorney Polackwich’s analysis. 

April 2, 2013 23


SECONDED by Commissioner Zorc, to TAKE NO 

ACTION. 

Attorney Polackwich reiterated his earlier stance. 


Motion carried unanimously. The Board approved to 

TAKE NO ACTION. 

14. COMMISSIONER ITEMS 

14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN - NONE 

14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 

14.B.1. APPOINTMENT TO VERO LAKE ESTATES (VLE) MUNICIPAL SERVICE 

TAXING UNIT (MSTU) ADVISORY COMMITTEE 

Vice Chairman Davis clarified with Attorney Polackwich that a formal appointment by 

the Board must be made. 


SECONDED by Chairman Flescher, to nominate Joseph J. 

Beaudoin, Sr. for the appointment to the Municipal 

Service Taxing Unit (MSTU) Advisory Committee. 

There were no further nominations. 


Motion carried. The Board unanimously approved the 

April 2, 2013 24

appointment of Joseph J. Beaudoin, Sr. to the Municipal 

Service Taxing Unit (MSTU) Advisory Committee. 

14.C. COMMISSIONER PETER D. O’BRYAN - NONE 

14.D. COMMISSIONER BOB SOLARI - NONE 

14.E. COMMISSIONER TIM ZORC 

14.E.1. VERO BEACH SPORTS VILLAGE 

(Clerk’s Note: This item was heard following Item 14.E.2, and is placed here for 

continuity). 

Commissioner Zorc elaborated on his request for the Board to reconsider issues relative 

to negotiations between the County and Verotown, LLC (Verotown) for a new five-year Facility 

Lease Agreement for the Vero Beach Sports Village (F/K/A Dodgertown). He recalled that at 

the March 5, 2013 County Commission meeting, the Board approved lease conditions pertaining 

to the liquidated damages provision; insurance; capital expenses; and room renovations; and 

gave Verotown 30 days, until April 5, 2013, to acknowledge acceptance or denial of the lease 

terms. 

A lengthy discussion ensued. The Board spoke to the urgency of settling this matter - 

either proceeding with the new lease agreement with Verotown, LLC, or if negotiations do not 

work out, seeking another tenant for the Sports Village. The particulars of the March 5, 2013 

County Commission meeting were recounted, and staff affirmed that their agenda item for the 

meeting had contained no recommendations. 

Craig Callan, Vice President, Vero Beach Sports Village (Sports Village), affirmed that 

Sports Village representatives and County staff have had discussions in good faith, and explained 

why he felt the March 5, 2013 meeting was counterproductive. 

April 2, 2013 25

MOTION WAS MADE by Commissioner Zorc, 

SECONDED by Chairman Flescher, to extend the 

response time from April 5, 2013 to April 9 or April 10, 

2013, for Verotown, LLC (“Verotown”) to deliver written 

notice of interest or disinterest in entering into a new 

Facility Lease Agreement with the County for Vero Beach 

Sports Village. 

Vice Chairman Davis stated that he would like to see a recap of the negotiations between 

Sports Village representatives and County staff, and the lease terms approved by the Board on 

March 5, 2013; and see if there is a way to bridge the gap between the two. 

MOTION AND SECOND WERE WITHDRAWN by 

Commissioner Zorc and Chairman Flescher, respectively. 


SECONDED by Chairman Flescher, to direct staff to 

return on April 9, 2013, with a spreadsheet containing: (1) 

a recap of the County’s negotiations with Verotown, LLC; 

(2) the lease terms approved by the Board on March 5, 

2013; and (3) an analysis of what can be done to bridge 

the gap. 

Commissioner O’Bryan suggested that Mr. Callan meet with each of the five 

Commissioners to discuss the pertinent issues. 



April 2, 2013 26

14.E.2. TRANSPORTATION HUB 

(Clerk’s Note: This item was heard following Item 14.E.3, and is placed here for 

continuity). 

Commissioner Zorc announced that there will be a public GoLine Transit Hub meeting in 

County Administration Building A, Room A1-411, on April 11, 2013, at 2:30 p.m., to search for 

a mutually agreeable GoLine Transit Hub site. Meeting attendees will be Public Works Director 

Chris Mora, Metropolitan Planning Organization Staff Director Phil Matson; City of Vero Beach 

Vice Mayor Tracy Carroll and Public Works Director Monte Falls; and interested members of 

the Original Town neighborhood. 

Administrator Baird later added (following discussion on Item 14.E.1) that the Senior 

Resource Association and the municipalities of Fellsmere and Sebastian should also attend the 

meeting. 

14.E.3. INDIAN RIVER COUNTY LAGOON SYMPOSIUM 

(Clerk’s Note: This item was heard following Item 14.B.1. and is placed here for 

continuity). 

Commissioner Zorc talked about the success of the March 26, 2013 Indian River Lagoon 

Symposium, and thanked staff, presenters, and attendees for their participation. He relayed that 

since the symposium, Harbor Branch Oceanographic Institute (Harbor Branch) has received a $2 

million grant for Lagoon monitoring, and a collaborative project has arisen between Harbor 

Branch and the Indian River County Health Department to study the effects of septic runoff into 

the Lagoon. 

April 2, 2013 27

15. SPECIAL DISTRICTS AND BOARDS 

15.A. EMERGENCY SERVICES DISTRICT -NONE 

15.B. SOLID WASTE DISPOSAL DISTRICT 

The Board of the Emergency Services District reconvened as the Board of 

Commissioners of the Solid Waste Disposal District. Those Minutes are available separately. 

15.B.1. APPROVAL OF MINUTES MEETING OF FEBRUARY 19, 2013 

15.B.2. AMENDMENT NO. 2 TO REPUBLIC SERVICES FOR LANDFILL DITCH 

ENHANCEMENT PROJECT 

15.C. ENVIRONMENTAL CONTROL BOARD - NONE 

ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE 

OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES 

16. ADJOURNMENT 

There being no further business, the Chairman declared the Board of County Commission 

meeting adjourned at 3:34 p.m. 

April 2, 2013 28

ATTEST: 

_________________________________ 

Jeffrey R. Smith, 

Clerk of Circuit Court & Comptroller 

________________________________ 

Joseph E. Flescher, Chairman 

Minutes Approved: _________________ 

BCC/MG/2013Minutes 

April 2, 2013 29

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