HomeMy WebLinkAbout05/19/2009 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 19, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 3
5.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 25, 2009 AS MEMORIAL
DAY 3
5.B. PUBLIC ANNOUNCEMENT FOR 2009 HURRICANE SEASON PREPAREDNESS 4
5.C. ADDITION: PROCLAMATION DESIGNATING MAY 18 - 25, 2009 AS NATIONAL
BEACH SAFETY WEEK 4
6. APPROVAL OF MINUTES 4
6.A. REGULAR MEETING OF APRIL 14, 2009 4
6.B. REGULAR MEETING OF APRIL 21, 2009 4
May 19, 2009 1
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 5
7.A. RECOGNITION OF APPOINTEE TO THE TRANSPORTATION DISADVANTAGED LOCAL
COORDINATING BOARD (TDLCB) 5
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES - MAY 2, 2009 THRU MAY 7, 2009 5
8.B. TAX EQUITY FISCAL RESPONSIBILITY ACT (TEFRA) AUTHORIZATION TO
ADVERTISE PUBLIC HEARING 6
8.C. PAVING AND DRAINAGE IMPROVEMENTS TO 17TH LANE S.W. (27TH AVENUE TO
20TH AVENUE) AND 20TH AVENUE (21ST STREET S.W. TO 17TH LANE S.W.),
PROJECT #0803, 0837, & 0838, BID NUMBER 2008073, CHANGE ORDER NO. 1 6
8.D. APPROVAL OF FLORIDA POWER & LIGHT (FPL) EASEMENT FIRE STATION #9
PROJECT 6
8.E. LOCAL OPTION GAS TAX DISTRIBUTION PERCENTAGES 7
8.F. APPROVAL OF BID AWARD FOR IRC BID No. 2009040 ROLL DOWN DOORS FOR
MAINTENANCE BUILDING 7
8.G. APPROVAL OF A WORK ORDER UNDER AN EXISTING PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR ENVIRONMENTAL
REMEDIATION SERVICES AT THE JONES'S PIER CONSERVATION AREA 7
8.1-1. STAFF REQUEST FOR AUTHORIZATION TO INITIATE AN AMENDMENT TO THE
COUNTY NOISE ORDINANCE TO ADDRESS EMERGENCY POWER GENERATORS 8
8.I. MISCELLANEOUS BUDGET AMENDMENT 013 9
8.J. WORK ORDER No. 13 WITH BRIDGE DESIGN ASSOCIATES, INC., IRC PROJECT
No. 0545 57TH STREET BRIDGE OVER LATERAL "A" CANAL RELEASE OF
RETAINAGE 9
8.K. WORK ORDER No. 9, AMENDMENT No. 3 WITH BRIDGE DESIGN ASSOCIATES,
INC., IRC PROJECT No. 0206 OLD DIXIE HIGHWAY BRIDGE OVER SOUTH RELIEF
CANAL, RELEASE OF RETAINAGE 10
May 19, 2009 2
8.L. PROVIDING GEOTECHNICAL SERVICES FOR SCHUMANN DRIVE BARBER STREET
ROADWAY IMPROVEMENTS. DUNKELBERGER ENGINEERING & TESTING , INC.,
WORK ORDER NO. 2 10
8.M. WORK ORDER NO. 2 WITH BRIDGE DESIGN ASSOCIATES, INC., IRC PROJECT
No. 03107-B 8TH STREET BRIDGE DESIGN, RELEASE OF RETAINAGE 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 11
10. PUBLIC ITEMS 11
10.A. PUBLIC HEARING 11
10.A.1. County Initiated Request to Redesignate ± 16.22 Acres. Located at
7770 Jungle Trail, From L-1, Low -Density Residential -1 (up to 3
units/acre), to C-1, Conservation -1 District (zero density), and
Rezone those ± 16.22 Acres from A-1, Agricultural -1 District (up to
1 unit /5 acres), to Con -1, Conservation -1 District (zero density);
Redesignate ± 47.25 Acres, Located at 800 Gardenia Street, From
C -2/C-3, Conservation -2 and Conservation -3 Districts (1 unit/40 acre
and 1 unit/2.5 acres), to C-1, Conservation -1 District (zero Density),
and Rezone those ± 47.25 Acres From A-1, Agricultural -1 District
(up to 1 unit / 5 acres), and Con -2, Conservation -2 District (up to 1
unit /40 acres), to Con -1, Conservation -1 District (zero density)
[Legislative]
10.A.2. Consideration of Proposed Amendments Providing for Temporary
Suspension of Compliance with Regulations Not Directly Related to
Public Safety: Land Development Regulations Chapter 902
[Legislative]
11
13
10.A.3. Consideration of Proposed Amendments to Regulations for
Changeable Copy and Electronic Message Signs within Special
Corridors: Land Development Regulations Chapter 911
[Legislative] 20
10.B. PUBLIC DISCUSSION ITEMS 24
May 19, 2009 3
10.B.1. Request to Speak from Charlie Wilson Regarding Local Contracts
for Local Bidders 24
10.C. PUBLIC NOTICE ITEMS 24
10.C.1. NOTICE OF RESCHEDULING 24
11. COUNTY ADMINISTRATOR'S MATTERS 25
11.A. HISTORIC DODGERTOWN FACILITY LEASE AGREEMENT AND RELATED
DOCUMENTS 25
12. DEPARTMENTAL MATTERS 27
12.A. COMMUNITY DEVELOPMENT - NONE 27
12.B. EMERGENCY SERVICES - NONE 27
12.C. GENERAL SERVICES - NONE 27
12.D. HUMAN RESOURCES 28
12.D.1. Consideration to Implement an Employee Health Center 28
12.E. HUMAN SERVICES - NONE 33
12.F. LEISURE SERVICES - NONE 33
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 33
12.H. RECREATION - NONE 33
12.I. PUBLIC WORKS - NONE 33
12.J. UTILITIES SERVICES 34
12.J.1. Change Order No. 1 to IRC Contract 2008027 with Interstate
Engineering Corporation for Pump Upgrades and MCC
Replacement at the South RO Plant 34
12.J.2. Release of Retainage for Work Order No. 2 (Utility) with Carter
Associates, Inc., for Survey Services for the Biosolids Dewatering
Facility - UCP 2697
34
12.J.3. Award of RFQ 2008059 - Utility Billing Software System 35
May 19, 2009 4
13. COUNTY ATTORNEY MATTERS 36
13.A. REQUEST BOARD DIRECTION OF LOCAL OPTION GAS TAX 36
14. COMMISSIONER ITEMS 38
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE 38
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE 38
14.C. COMMISSIONER GARY C. WHEELER - NONE 38
14.D. COMMISSIONER PETER D. O'BRYAN 38
14.D.1. ADDITION: Information from the 2009 Governor's Hurricane
Conference Held in Miami, Florida. 38
14.E. COMMISSIONER BOB SOLARI - NONE 39
15. SPECIAL DISTRICTS AND BOARDS 39
15.A. EMERGENCY SERVICES DISTRICT - NONE 39
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 39
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 39
16. ADJOURNMENT 40
May 19, 2009 5
JEFFREY K. BARTON
Clerk to the Board
evERN
May 19, 2009
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, May 19, 2009. Present were Chairman Wesley S. Davis, Vice Chairman Joseph E.
Flescher, Commissioners Peter D. O'Bryan, Bob Solari, and Gary C. Wheeler. Also present
were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and Deputy
Clerk Athena Adams.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Father Tri Tang Pham, St. Helen Catholic Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Davis led the Pledge of Allegiance to the Flag.
May 19, 2009 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Davis requested the following changes to the Agenda:
1. ADDITION: ITEM 14.D.1, INFORMATION FROM THE 2009
GOVERNOR'S HURRICANE CONFERENCE, HELD IN MIAMI, FLORIDA
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved the
addition to the Agenda.
2. EMERGENCY ADDITION: ITEM 5.C, PROCLAMATION DESIGNATING
THE WEEK OF MAY 18 — 25, 2009, AS NATIONAL BEACH SAFETY WEEK
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the addition to the Agenda.
3. MOVE UP ITEM 11.A, TO BE HEARD PRIOR TO ITEM S.A.: COUNTY
ADMINISTRATOR MATTERS: HISTORIC DODGERTOWN FACILITY
LEASE AGREEMENT AND RELATED DOCUMENTS
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the above change to the Agenda.
May 19, 2009 2
4. DELETION: ITEM 10.B, REQUEST TO SPEAK FROM CHARLIE WILSON
REGARDING LOCAL CONTRACTS FOR LOCAL BIDDERS
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously approved the
deletion from the Agenda.
5. REQUEST BY VICE CHAIRMAN FLESCHER TO ADD TO THE AGENDA,
DISCUSSIONS PERTAINING TO THE COUNTY ADMINISTRATOR 'S RECENT
ALLEGED TRAFFIC VIOLATION. FAILED
Commissioner Solari objected to this request, and since a unanimous vote is required to
add emergency items to the Agenda, this request failed.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board by a 4-1 vote (Vice
Chairman Flescher dissenting) approved the Agenda, as
amended.
(Clerk's Note: Item 11.A. "Dodgertown Lease, " was heard prior to Item S.A., but for
continuity purposes, is placed in numerical order below.)
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 25, 2009 AS
MEMORIAL DAY
Vice Chairman Flescher read and presented the Proclamation to Mr. Albert
Vidiri, Vice President of the Veteran's Council, who thanked the Board for all the help and
financial aid received over the years.
May 19, 2009 3
S.B. PUBLIC ANNOUNCEMENT FOR 2009 HURRICANE SEASON PREPAREDNESS
Himanshu Mehta, Managing Director of the Solid Waste Disposal District, reminded
everyone to be prepared for the upcoming Hurricane season. Director Mehta encouraged
everyone to trim their trees and clear away debris around their houses during the season. He also
reminded everyone of the other dangers associated with a Hurricane and encouraged all to attend
the Hurricane Expo on Saturday, June 6, 2009, at the Indian River County Mall.
5.C. ADDITION: PROCLAMATION DESIGNATING MAY 18 - 25, 2009 AS
NATIONAL BEACH SAFETY WEEK
Vice Chairman Flescher read and presented the Proclamation to the County's Recreation
Director Cliff Crawford, Lifeguard Captain John Frazier and other Department employees (Mike
Redstone and Joe Krebs). Captain Fraser gave a brief informational update and warned of the
many dangers of swimming.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF APRIL 14, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 14, 2009. There were none.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Minutes of the Regular Meeting of April 14,
2009, as written.
6.B. REGULAR MEETING OF APRIL 21, 2009
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of April 21, 2009. There were none.
May 19, 2009 4
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Minutes of the Regular Meeting of April 21,
2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. RECOGNITION OF APPOINTEE TO THE TRANSPORTATION DISADVANTAGED
LOCAL COORDINATING BOARD (TDLCB)
(The Area Agency on Aging [AAA] appointed Hylan Bryan to replace Anne
Viens as the representative for the Florida Department of Elder Affairs [FDEJ on the TDLCB.)
8. CONSENT AGENDA
Chairman Davis asked to pull Item 8.H for discussion.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES — MAY 2, 2009 THR U MAY 7, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the list of Warrants and Wires, issued by the
Clerk to the Board, for the time period of May 2, 2009, to
May 7, 2009, as recommended in the memorandum of
May 7, 2009.
May 19, 2009 5
8.B. TAX EQUITY FISCAL RESPONSIBILITY ACT (TEFRA) AUTHORIZATION TO
ADVERTISE PUBLIC HEARING
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved, and authorized advertising for a TEFRA Public
Hearing to be held on June 16, 2009, as recommended in
the memorandum of May 12, 2009.
8.C. PAVING AND DRAINAGE IMPROVEMENTS TO 17TH LANE S. W. (27TH
AVENUE TO 20THAVENUE)AND 20TH AVENUE (21ST STREET S. W. TO 17TH
LANE S. W.), PROJECT #0803, 0837, & 0838, BID NUMBER 2008073,
CHANGE ORDER No. 1
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Change Order No. 1, with J.W. Cheatham, LLC,
increasing the contract amount by $100,796.85 for a total
contract amount of $1,591,877.25, as recommended in the
memorandum of May 11, 2009.
8.D. APPROVAL OF FLORIDA POWER & LIGHT (FPL) EASEMENT FIRE
STATION #9 PROJECT
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved, and authorized the Chairman to execute the FPL
Easement for the construction of improvements at the Fire
Station #9 property, as recommended in the memorandum
of May 8, 2009.
May 19, 2009 6
COPY OF EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. LOCAL OPTION GAS TAX DISTRIBUTION PERCENTAGES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the 2008/2009 Revenue Distribution
Percentages, effective 10/1/09, as recommended in the
memorandum of May 11, 2009.
8.F. APPROVAL OF BID AWARD FOR IRC BID No. 2009040 ROLL DOWN
DOORS FOR MAINTENANCE BUILDING
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Bid Award to JB Mathews Company as the
lowest most responsive and responsible bidder, meeting
the specifications as set forth in the Invitation to Bid; and
approved the issuance of a Purchase Order after receipt of
the appropriate Certificate of Insurance, as recommended
in the memorandum of May 11, 2009.
8.G. APPROVAL OFA WORK ORDER UNDER AN EXISTING PROFESSIONAL
SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR
ENVIRONMENTAL REMEDIATION SERVICES AT THE JONES'S PIER
CONSERVATION AREA
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Work Order No. CD -1 under the existing
May 19, 2009 7
Professional Civil Engineering Services Agreement with
Kimley-Horn and Associates, Inc., for soil and
groundwater remediation services pertaining to the Jones's
Pier property, as recommended in the memorandum of
May 12, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. STAFF REQUEST FOR A UTHORIZATION TO INITIATE AN AMENDMENT TO
THE COUNTY NOISE ORDINANCE TO ADDRESS EMERGENCY POWER
GENERATORS
Chairman Davis had received a call from Ms. McKenzie at AT&T concerning
backup generators and the County's Noise Ordinances associated therewith. Ms. McKenzie, not
being able to submit a timely request to speak, prompted the Chairman to pull this item for
discussion to allow her the opportunity to air her concerns.
Cathy McKenzie, AT&T, did not, in any way, want to curtail authorization by the
Commission to direct staff. However, she requested that in the event the Board directs staff to
review or draft an ordinance, that AT&T be allowed to work along with or be in contact with
County staff. AT&T's concern was that their central offices, in an emergency, are powered by
emergency generators, which they temporarily have to test on a consistent basis, even out on the
streets whenever they work underground. She said without the generators they would not have
telecommunications services for County residents.
Community Development Director Bob Keating clarified that the request before the
Board was to direct staff to initiate a Land Development Regulations (LDR) amendment that
would not make the noise requirement more stringent, but more lenient for generators. Staff
observed that whole -house generators have noises that slightly exceed our current noise
requirements and felt it is important that those be allowed to be exercised. It is staff's intent to
May 19, 2009 8
make our noise ordinance specific so that in times of an emergency, generators can run whenever
needed, even though they would exceed our noise ordinance. He thinks this would be a net
benefit to all of the Utility providers and residents.
Commissioner O'Bryan requested that as Director Keating goes through the drafts of the
ordinance, that he e-mails said drafts to Ms. McKenzie for her input.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved, and
authorized staff to initiate an amendment to the County
Noise Ordinance (Chapter 974) to address emergency
power generators, as recommended in the memorandum of
May 11, 2009.
8i MISCELLANEOUS BUDGET AMENDMENT 013
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-070 amending the Fiscal Year
2008-2009 Budget.
8.1 WORK ORDER No. 13 WITH BRIDGE DESIGN ASSOCIATES, INC., IRC
PROJECT No. 0545 57TH STREET BRIDGE OVER LATERAL "A" CANAL
RELEASE OF RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of Bridge Design Associates, Inc.
Invoice No. 05-619/D3, dated May 1, 2009, in the amount
May 19, 2009 9
of $1,452.00 for release of retainage for the design
modification portion of Work Order No. 13, as
recommended in the memorandum of May 7, 2009.
8.K. WORK ORDER No. 9, AMENDMENT NO. 3 WITH BRIDGE DESIGN
ASSOCIATES, INC., IRC PROJECT NO. 0206 OLD DIXIE HIGHWAY BRIDGE
OVER SOUTH RELIEF CANAL, RELEASE OF RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of Bridge Design Associates, Inc.
Invoice No. 03-538/AS3 dated May 1, 2009, in the amount
of $1,146.05 for release of retainage for Amendment No. 3
to Work Order No. 9, as recommended in the
memorandum of May 7, 2009.
8.L. PROVIDING GEOTECHNICAL SERVICES FOR SCHUMANNDRIVE BARBER
STREET ROADWAY IMPROVEMENTS. DUNKELBERGER ENGINEERING &
TESTING , INC., WORK ORDER NO. 2
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Work Order No. 2, authorizing the professional
services outlined in the Scope of Services; and authorized
the Chairman to execute Work Order No. 2 with
Dunkelberger Engineering & Testing, Inc., for a fee not -
to -exceed $15,868.00, as recommended in the
memorandum of May 4, 2009.
May 19, 2009 10
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. WORK ORDER No. 2 WITH BRIDGE DESIGN ASSOCIATES, INC., IRC
PROJECT NO. 03107-B 8TH STREET BRIDGE DESIGN, RELEASE OF
RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of Bridge Design Associates, Inc.,
Invoice No. 06-623/7, dated January 6, 2009, in the
amount of $3,205.00 for release of retainage for Work
Order No. 2, as recommended in the memorandum of May
6, 2009.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. COUNTY INITIATED REQUEST TO REDESIGNATE ± 16.22 ACRES.
LOCATED AT 7770 JUNGLE TRAIL, FROML-1, LOW-DENSITY
RESIDENTIAL -1 (UP TO 3 UNITS/ACRE), TO C-1, CONSERVATION -1
DISTRICT (ZERO DENSITY), AND REZONE THOSE ± 16.22 ACRES
FROMA-1, AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5 ACRES),
TO CON -1, CONSERVATION -1 DISTRICT (ZERO DENSITY);
REDESIGNATE ± 47.25 ACRES, LOCATED AT 800 GARDENIA
STREET, FROM C -2/C-3, CONSERVATION -2 AND CONSERVATION -
3 DISTRICTS (1 UNIT/40 ACRE AND 1 UNIT/2.5 ACRES), TO C-1,
May 19, 2009 11
CONSERVATION -1 DISTRICT (ZERO DENSITY), AND REZONE
THOSE ± 47.25 ACRES FROM A-1, AGRICULTURAL -1 DISTRICT (UP
TO 1 UNIT / 5 ACRES), AND CON -2, CONSERVATION -2 DISTRICT
(UP TO 1 UNIT/40 ACRES), TO CON -1, CONSERVATION -1 DISTRICT
(ZERO DENSITY) [LEGISLATIVE]
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating presented an overview of the
Comprehensive Plan Amendment process, and described the County initiated request to change
the land use designation of two separate properties acquired by the County for conservation
purposes under the County's Environmental Lands Program: (1) "Jones's Pier", consisting of±
16.22 acres on South Jungle Trail; and (2) a ± 47.25 acre site located along the St. Sebastian
River, previously known as the Russell Grove River Buffer, but recently renamed the Cypress
Bend Community Preserve. The Planning and Zoning Commission has reviewed the
amendments, and along with County staff unanimously recommend approval of the proposed
amendments for transmittal to the Department of Community Affairs (DCA).
The Chairman invited comments from the Board, but got none. He thereafter opened the
Public Hearing. There were no speakers and the Chairman closed the Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-071, approving the transmittal
of proposed Indian River County Comprehensive Plan
Future Land Use Map Amendments, to the State of Florida
Department of Community Affairs.
May 19, 2009 12
10.A.2. CONSIDERATION OF PROPOSED AMENDMENTS PROVIDING FOR
TEMPORARY SUSPENSION OF COMPLIANCE WITH REGULATIONS
NOT DIRECTLY RELATED TO PUBLIC SAFETY: LAND
DEVELOPMENT REGULATIONS CHAPTER 902 [LEGISLATIVE/
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling updated the Board on this request noting that this is the
first of two Land Development Regulations (LDR) amendments, which deals with temporary
suspension of compliance at the time of Certificate of Occupancy. He described the Certificate
of Occupancy process, as well as the similarities to the Certificate of Completion process. He
outlined the proposed changes and the options if compliance becomes an issue. Staff
recommended that the Board consider and approve the proposed LDR amendments.
Chairman Davis thanked staff for bringing this forward and remarked that although not
all rules fit every corner of the County, this would give the County Administrator the opportunity
to sprinkle some common sense into the process.
Commissioner Wheeler, commenting on the 90 -day temporary suspension, wanted to see
"some teeth put in there" in the form of a $500.00 per day fine for punitive damages, rather than
going to the Code Board, if a job is not resolved in the given period.
Director Boling describing some of the options of "putting teeth" into this proposed
change, said one would be to revoke the Certificate of Occupancy, but staff was reluctant to use
that for varied reasons, which he explained.
May 19, 2009 13
Board members deliberated further whether to impose stricter penalties, and the County
Administrator's ability to grant an estimate of cost should a deposit be required.
Vice Chairman Flescher suggested a $5,000.00 financial cap be placed on the assessed
value of any Variance that can go forward in this new regulation, and Administrator Baird
explained why he thought the cap could be a hindrance.
Chairman Davis suggested that instead of making a decision today, they evaluate this in
six months, which would give them an opportunity to review the process without giving free
reign to individuals trying to beat the system.
Board members continued to discuss concerns, among which was the possibility of the
matter being appealed to the Board of Adjustment and that Board overriding the Board of
County Commissioners' decision.
Commissioner O'Bryan remarked that the whole purpose of this is to be very responsive
and very flexible. He was comfortable with how it is; and said if we wanted to add something
where the County Administrator or his designee could require a bond to be posted at staff's
estimate, he would be fine with that and he did not think we need a cap, as this should be on a
case-by-case basis.
Commissioner Wheeler would rather see a cash deposit rather than a bond.
Attorney Collins, looking at the ordinance on pages 114-115 of the backup, which deals
with "Temporary suspension of compliance" and which stipulates conditions to be met,
suggested they could put in a sentence at the end of Section 6, stating that the County
Administrator or the Board of Adjustment may impose conditions such as deposits which would
May 19, 2009 14
be forfeited as liquidated damages in the event of non-compliance; and then from that point they
could go on to the withholding of further development permits, Code Enforcement action, if that
forfeiture threat was not significant enough.
Commissioners agreed to add the County Attorney's suggested language.
The Chairman opened the Public Hearing.
Rene Renzi, Waverly Place, referenced comments from Director Boling that this change
would speed up the process, and the compliance of regulations which is presumably initiated to
protect the public, and wanted to know which part of the public this benefits; whether it was the
individual homebuilder, the large developer, or the commercial builder.
Chairman Davis replied that anything that has to do with an issue of health, safety, and
welfare of any kind is not considered in this ordinance. He explained that it was not designed to
protect any particular segment of the community and also not designed to hurt anyone. It is just
to provide some flexibility; so instead of pulling up trees that are a couple inches tall, they would
be allowed time to get to the height requirement.
Ms. Renzi asked how does it help a small homebuilder, and Director Keating explained
how it would help under our landscaping requirements, including height of trees.
Commissioner Wheeler added that we are trying to figure out a way of lessening the
burden of the bureaucracy by adding some flexibility and commonsense into the process.
May 19, 2009 15
Chairman Davis explained to Ms. Renzi that the pressure to change the regulations came
from area residents who had problems.
Charlie Wilson, 1057 6th Avenue, applauded staff and Commissioners for taking this
step and said it is another step in helping economy development and helping us get people
employed in the community. He supported staff's recommendation and said a $5,000 cap would
only be good if you have a small project.
Vice Chairman Flescher explained that the suggestion of the $5,000 cap was merely to
reduce the fear of concern of any other commissioner that felt that this might be a little too lax or
lucrative of a move, for a developer or a builder.
Joseph Paladin, President of Atlantic Coast Construction and Development and
President of Black Swan Consulting, said he was afraid we are trying to legislate common sense;
and you cannot pass rules and regulations to legislate commonsense. He said we need to be very
careful with some of the changes we are making, and he did not see a problem with our
Certificate of Occupancy (CO) or Certificate of Completion (CC) system.
Further discussion ensued among Commissioners, Mr. Paladin and Mr. Wilson regarding
the 90 days extension; whether appeals should be made to the Board of Adjustment or the Board
of County Commissioners; and giving authority to Administrator Baird or his designee to grant
approvals. Chairman Davis agreed with Commissioner O'Bryan's suggestion that an appeal of
staff's decision should be made to the Board of County Commissioners. All Commissioners
were willing to attend any Special Meetings called in that regard.
May 19, 2009 16
Penny Chandler, Indian River County Chamber of Commerce, spoke about the punch
list and said we need to focus on making sure that when staff presents it, that all relevant
departments approve that certificate and that everything is up front, and it would not return
before the Board because someone missed something.
Brian Carman, Executive Director of the Indian River Neighborhood Association
(IRNA), said the Association has no problem with the ordinance as written; they think it is a
good idea; they applaud the Commission for taking leadership, and acknowledged the "great
staff' the Board has. He said perception is reality, in the public's eye, so a little more
transparency should be exercised when exceptions are made, in the form of notice to those
usually affected.
Administrator Baird addressing comments regarding notice, admitted it is important that
there should be full disclosure. Commissioner O'Bryan preferred to see items of this nature
placed under Item 7, "Informational" items, on the Agenda.
Jens Tripson, Vero Beach, said he was a little confused, because this came before the
Planning and Zoning Commission, they worked on it and sent it back, and he wanted to know if
the Board was now saying they were not going to use the Board of Adjustments (BOA), but it
would come before the Board of County Commissioners (BCC) instead. He pointed out the
specific professional makeup of the BOA versus the BCC, remarking that if we go the route of
the BCC it adds that level of bureaucracy we do not need; therefore we need to stick to the BOA.
Commissioner Wheeler reiterated his belief that subject matters should come back to
BCC and they could have a Special Call meeting, if necessary. He said the main thing is we are
going outside our ordinances and giving some additional assistance to developers. He also
believed it was better that the elected Board make those decision and be accountable for them
rather than an appointed Board doing it.
May 19, 2009 17
Danny Delisle, Vero Beach, Landscape Contractor, said the heights are not an issue for
him; the problem they run into is the grading standards of the "Florida Number 1", the
requirement by the County. He said size becomes a financial reason not a requirement.
Commissioner Solari suggested they move forward, agreeing with Chairman Davis that
the discussions had come full circle.
Charlie Wilson said the BOA is critical because they are able to meet within three (3)
days, and they have a requirement to notify the adjacent property owners, whereas this Board
(BCC) does not have that ability.
There were no additional speakers, and the Chairman closed the Public Hearing.
Vice Chairman Flescher explained how staff has worked to bring this to fruition and
commended them. He suggested they leave things as the Planning and Zoning Commission has
recommended.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to approve
staff's recommendation, on condition that (1) any
temporary suspension be noticed on the next Board of
County Commission Meeting, as an Information Item,
even if it misses Wednesday's deadline; and (2) it goes up
to a maximum of 90 days pursuant to Commissioner
Wheeler.
May 19, 2009 18
Commissioner Wheeler said he could live with the Motion except he wanted to see
appeals come back to the Board of County Commissioners rather than the Board of Adjustments.
Chairman Davis supported the Motion.
Commissioner O'Bryan recalled that Attorney Collins had earlier mentioned some
proposed wording to be added under Section 6, that would allow the County Administrator or his
designee to impose conditions such as cash deposits, and asked if Commissioner Solari would
consider adding that to his Motion.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to include new
language under Section 6 which would allow the County
Administrator or his designee to impose conditions such as
cash deposits.
Commissioner O'Bryan asked if they wanted to include Certificates of Completion, or
just eliminate that and keep it as a Certificate of Occupancy. Commissioner Solari did not think
it would be an issue and other Commissioners wanted to leave it in. Commissioner O'Bryan also
supported an appeal to the BCC.
MOTION WAS FURTHER AMENDED by
Commissioner Solari, SECONDED by Vice Chairman
Flescher, to state that appeals be made to the Board of
County Commissioners.
May 19, 2009 19
Attorney Collins said staff might need to include a new clause. Vice Chairman Flescher
again interjected that he did not know why they did not leave it with the Board of Adjustment
and not bring it back to the County Commission.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board adopted
Ordinance 2009-005, as amended, concerning an
amendment to its Land Development Regulations (LDR);
providing for amendments to Chapter 902, Administrative
Mechanisms, by creating the role of the Board of County
Commissioners Section 902.04(14) to hear requests for
temporary suspension of compliance; and by providing for
repeal of conflicting provisions; codification; severability;
and effective date.
The Chairman called a recess at 10:56 a.m., and reconvened the Meeting at 11:09 a.m.,
with all members present.
10.A.3. CONSIDERATION OF PROPOSED AMENDMENTS TO REGULATIONS
FOR CHANGEABLE COPY AND ELECTRONIC MESSAGE SIGNS
WITHIN SPECIAL CORRIDORS: LAND DEVELOPMENT
REGULATIONS CHAPTER 911 [LEGISLATIVE]
Commissioner Solari disclosed, for the record, that he has an undeveloped two -acre
parcel of property in the Wabasso corridor, the subject area, and he was not sure if that presented
a conflict of interest. Attorney Collins assured him there would not be a voting conflict, because
this regulation would be applicable countywide to all sign corridors.
May 19, 2009 20
Planning Director Stan Boling updated the Board on this request, which deals with
special corridor regulations for changeable copy and electronic message signs that came out of
an economic development/business friendly initiative. He listed the various corridor locations
throughout the County, and said the purpose of the amendments is to allow business specials to
be displayed on permanent signs versus temporary; and the basis for these are aesthetics and
avoiding motorist distractions.
Director Boling informed the Board that the Planning and Zoning Commission (PZC)
voted unanimously and recommended that the Board deny the proposed ordinance amendment,
determining that the economic benefits seem to be small. However, if the Board determines that
the economic benefits outweigh the aesthetic benefits, County staff recommends that the Board
approve the ordinance
Attorney Collins, addressing a legal concern, remarked that the fundamental place we
start at is that freedom of expression is protected; and that is the basic principle. He said we can
have limitations on freedom of expression if they advance a legitimate government interest, and
those interests typically are promoting aesthetics and avoiding distractions of the motoring
public, traffic safety. The legal concern is, there are certain types of uses that have historically
been able to use the changeable copy or their needs for their business require them to change
copy more often. The fear is, if you are now expanding changeable copies to all types of
commercial and industrial users, that you get into an inquiry of why are you discriminating
against one (the commercial/industrial) limiting them to 40% of the copy area where the
traditional uses (the church, theatres) can have 80% of their copy area changeable.
Attorney Collins said what we are looking at from a legal perspective is, whether this
change in the regulation is advancing the goals of the sign regulations switch in the first place,
which are aesthetics and traffic safety. He concluded that it would be better to leave the
allowances for the traditional uses that have the greater need to change copy and not expand
May 19, 2009 21
them into those general commercial/industrial areas, because they really undercut your goals, of
reducing visual clutter and traffic safety of the motoring public by expanding the sign clutter.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, remarked that currently the electronic messaging
signs are not allowed, and he would concur with PZC not to approve the ordinance because of
impact.
Fred Mensing, Acting President of the Friends of Historic Roseland (f/k/a the Property
Owners Association of Roseland), speaking on the direction of the membership, said they had an
emergency meeting of the Board of Directors, yesterday, and they are requesting that this
Commission exclude any changes in the signs covered by the Roseland Corridor Plan (2003).
(Copy of letter from Friends of Historic Roseland on file)
Donna Parkins, 8066 141 Street, Sebastian, speaking as the Historian of Roseland, said
she was completely against any changes to the Roseland corridor plan, especially regarding
business signs in Roseland, on U.S. Highway 1, and on Roseland Road.
Gene Waddell, 8155 25th Street, Vero Beach, the sole appointee to the SR 60 Task
Force, believed our ordinances have served us very well, and that to make a permanent change in
a temporary situation was not a smart thing to do. He recited an old saying that "suicide is a
permanent solution to a temporary problem" and felt it was exactly what this proposed ordinance
does. He urged the Board to deny this request.
Terri Cadle, Roseland, said she was sensitive to the business needs, and asked the Board
to exclude Roseland from this decision, if the Board wishes to go forward with this request.
May 19, 2009 22
There were no additional speakers, and the Chairman closed the Public Hearing.
Vice Chairman Flescher thanked Mr. Waddell for his input and said he, also, did not want
to support a change in our sign ordinance.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Wheeler, to deny staff's
recommendation to adopt the proposed LDR amendments
related to special corridor regulations for electronic
message and changeable copy signs, if the Board
concludes that such signs are an economic necessity.
Chairman Davis, commenting on the sign ordinance, said one of the things that bothered
him is that there are no signs telling him what is the price of fuel at Sam's Club, for example, and
he inquired what ordinance governed the non -display of such a sign. Director Boling did not
believe it was any County regulation, but because the Club is members only and is not opened to
the general public.
Commissioner O'Bryan supported the Motion to deny staff's recommendation.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board denied staff's
recommendation, and did not adopt the proposed
ordinance, thus retaining the existing regulations.
May 19, 2009 23
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM CHARLIE WILSON REGARDING LOCAL
CONTRACTS FOR LOCAL BIDDERS
This item was pulled.
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF RESCHEDULING
The Following Public Hearing will be heard on June 9, 2009:
ORDINANCE AMENDMENT TO PROVIDE CHARGING A
REGISTRATION FEE FOR SEX OFFENDERS AND PREDATORS,
CAREER FELONS AND CONVICTED FELONS [Legislative]
The Chairman read the notice into the record.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Wheeler, the Board by a 4-1 vote (Vice
Chairman Flescher dissenting) approved the Notice of
Rescheduling for the June 9, 2009, Public Hearing for an
Ordinance amendment regarding sex offenders and
predators.
The Chairman called a lunch break at 11:41 a.m., and reconvened the Meeting at 12:27
p.m., with all members present.
May 19, 2009 24
11. COUNTY ADMINISTRATOR'S MATTERS
1 1.A. HISTORIC DODGERTOWN FACILITY LEASE AGREEMENT AND RELATED
DOCUMENTS
(Clerk's Note: This item was heard prior to Item 5.A, and is placed here for continuity.)
County Administrator Joe Baird presented for Board approval the Facility Lease
Agreement and all other necessary documents to transfer the Capital Lease Agreement to the
Minor League Baseball. He reminded the Board of the terms of the Lease Agreement and
acknowledged the presence of Messrs. Pat O'Conner and Craig Callan who were available for
questions, if there were any.
Commissioner O'Bryan displayed a Poster of the 161 affiliates of Minor League Baseball
(MiLB) and thought it was impressive to have these partners in the community. He spoke of
certain pleasing terms of the contract, like the name retention of "Holman Stadium", and was
proud the County was bringing MiLB in as a partner. He acknowledged and commended Mr.
Craig Callan's hard work on the County's behalf.
Commissioner Solari thought this was a great deal for the community and much better
than the Orioles deal. The following were his concerns:
(1) In the paragraph stating the funds we would give to MiLB as a promotion as a tourist
destination, he wants a sentence that states MiLB would give us some accounting for those
funds; and (2) in Section 4.03 that discusses operation, and which states that "MiLB shall
provide and pay for, solely from funds of MiLB or the Capital Reserve Account,..." he had a
problem figuring out what payments from the Capital Reserve Account goes into the operations
of the facility, and wanted the words "the Capital Reserve Account" struck out.
May 19, 2009 25
Administrator Baird asked if Commissioner Solari would be comfortable with adding the
words "as specified in Section 801", because that section tells what we could use it for.
Commissioner Solari agreed.
Assistant County Administrator Zito said that staff proposed to add a sentence that
harmonizes this subject section with Article VIII, so it would appear that all funds expended
from the Capital Reserve Account shall be in accordance with Article VIII, which governs very
specifically the expenditures, and refers to a specific Capital Reserve Account Agreement.
Commissioner Solari thought that was a better idea. Mr. Zito would also ensure that the word
"Clerk" is defined to mean "Clerk of the Circuit Court."
Vice Chairman Flescher noted that this was the second consideration of the
Memorandum of Understanding (MOU), and recalled that he was looking for a business plan.
He believed the citizens of the County deserve a business plan, and one was not available.
Commissioner Wheeler was very pleased with the proposal and also very pleased that
Mr. Craig Callan would be staying on here. He thought this was a unique opportunity and was
glad this was all coming together for the County. He was much more impressed with what we
are getting than with a Major League team.
The Chairman invited comments from the public. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
Approved Resolution 2009-072, as amended to require
that MiLB would give some accounting for Tourist
destination promotional funds, to define the word "Clerk"
May 19, 2009 26
and to add language to clarify that all expenditures from
the Capital Reserve Account shall be in accordance with
Article VIII, providing for the approval of the form of and
authorizing the execution and delivery of a Facility Lease
Agreement, Capital Reserve Account Agreement,
Guaranty Agreement, and Estoppel Certificate in
connection with the leasing of certain real property known
as Dodgertown; authorizing other required actions;
providing for severability and an effective date.
Administrator Baird thanked Messrs. Craig Callan and Pat O'Conner for all their efforts
in bringing a baseball venue here.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12.C. GENERAL SERVICES - NONE
May 19, 2009 27
12.D. HUMAN RESOURCES
12.D.1. CONSIDERATION TO IMPLEMENT AN EMPLOYEE HEALTH CENTER
Human Resources Director Jim Sexton provided background on the request for Board
consideration of implementing an Employee Health Center. He described how staff has made
Plan changes over the past several years that have shifted the cost of the Plan unto the
employees, meaning they have changed the amount of money that employees pay for their
dependent coverage, co -pays for office visits, co -pays for prescriptions, deductibles, and all such
changes within the Plan. Staff's research has revealed that if we can shift out of the "fee for
service" system currently in place, and shift the costs of that health care onto an employee health
center, he believed we could see a significant savings to the bottom-line dollar of the County's
Health Plan. Mr. Sexton informed the Board that he had asked a representative from Crowne
Consulting Group to talk about who they are, how they work, and to show us what it would mean
to the County if we chose to pursue this option.
Commissioner Wheeler first wanted to know what Crowne Group's relationship was with
CareHere; whether they were a subsidiary or they have a business relationship with them.
Ray Tomlinson, President of Crowne Consulting Group, acknowledged that his
Company does have a business relationship with CareHere, which was forged in December
2008, and they have formed an LLC Company to buy co -administrative services for CareHere
for their Florida clients.
Commissioner Wheeler was concerned that we were hiring a consultant to give us advice
about a company that they have a relationship with, rather than it being a totally objective
relationship. He preferred not to go through the details again, and instead of hearing a
presentation from a Consultant with a business relationship with the proposed provider, he
desired to see an RFQ and RFP done so we can look at whomever is interested in do business
May 19, 2009 28
with us. He did not think we were approaching this fairly and objectively, and wanted an honest
comparison.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, to have an RFQ
and RFP for Board consideration, to see who could offer
us the best deal, and for staff to provide a matrix showing
comparisons which would provide options and enable
Commissioners to make a fair comparison.
Vice Chairman Flescher recalled that the Board had, in the past, made that Motion to
look at other options; therefore, he supported the Motion.
Administrator Baird supported the recommendation for a RFQ. He responded to
questions from Chairman Davis who wanted to hear the rationale for the RFQ versus the RFP,
and how staff would compare the two separate methods and operations to get to a bottom line, if
they did a RFQ instead of a RFP.
Commissioner Wheeler was concerned about how objective the Crown Group can be in
recommending something when they have a business relationship with the provider.
Mr. Tomlinson, responding to Commissioner Wheeler's concerns, said over 2 1/2 years
ago they brought this concept to the County, as the insurance broker, before they had a
relationship with anyone. They have been researching the concept and part of their research
included all the available administrators who were involved in on-site clinic administration that
had any history of on-site clinic administration. They did a thorough research and have come to
the conclusion, as recent as the end this last year, that CareHere has the model that provide
employers the most transparent, cost reduction, and successful program of any of the clinic
administrators or public employer groups. He said CareHere has the history across seventeen
(17) States of public employer on-site clinics; they also have a number of private employer
May 19, 2009 29
groups. The reason for their relationship and connection with CareHere is because their
philosophies match Crowne Group's philosophies of transparency, openness, and cost reduction
models that had the history of success.
Commissioner Wheeler continued to express his desire to have an RFP with options
rather than just picking a company. Mr. Tomlinson said they would be honored to participate in
that process.
Administrator Baird believed it was a great idea and said staff would get a RFQ with a
rating sheet and return to the Board for review and consideration.
Vice Chairman Flescher observed that other counties have invited their employees, the
ultimate consumers of this product, for input in the form of a poll, and believed our employees
should be included in a poll of sorts to ascertain whether they would participate and if this would
benefit them. He said the benefit of this option is about participation and if we do not have
participation, we might be going into an endeavor that might not be a benefit to the taxpayer,
citizens, employees, and all concerned. He wanted to see an opinion survey created for all
County employees.
Commissioner Solari desired an open competitive process; desired to see a
general RFQ; and wants our goals and objectives defined, which in his opinion have only two
significant parameters, quality of care, and cost. He also desired for the process to be general
and open as possible so that people who respond to it can be as competitive and creative as
possible and everyone can compete to their strengths, rather than what is being asked.
Administrator Baird had concerns about sending out a survey to the employees,
because it may open the door, and should there be any benefit changes, staff would have to
notify them as well.
May 19, 2009 30
The Board and staff debated further and contemplated whether to do a survey or
if it was more suitable to proceed with a RFP versus a RFQ.
Charlie Wilson, representing a group of area Physicians with questions, argued that we
have jumped right into the RFQ/RFP questions and we have not really asked ourselves whether
we should be doing this at all. He also argued that even if it is stipulated that it would save the
County money, was it the County's job to be going into competition with private physicians;
does this drive a further wedge between the public and public employees; and should public
employees have something that is not available to the taxpayer?
Commissioner Wheeler noted that in employment across the Country, different
companies and governments offer different things, and this Board has looked at the concept of
this and he found it quite appealing, because it provides a service to the employees. If we are to
do something, he wanted to see what our best possible program is, that would save the County
some money.
Mr. Wilson said the City of Fort Pierce was an example, because it has a benefit where
the city employees and dependents pay zero. He asked whether it was just him that sees
something wrong with having a two-tiered medical system where government employees have
access to healthcare that private citizens do not.
Commissioner Solari recalled a point he made earlier regarding having a process which
invited the private sector to come and approach us with any type of solutions, and remarked that
he was not starting with any preconceived ideas and would rather go with a private sector
solution that will be creative, address the needs, and reduce costs.
Commissioner O'Bryan presented an example of why he thought the "fee-for-service
model" is broken. He saw this as one way to break that cycle, and said if government can lead
May 19, 2009 31
this charge and go to a more comprehensive base service, with low price prescription drugs, then
it might force these doctors to re-evaluate their fee-for-service model and start being competitive
in getting their prices down. He saw this as a step in healthcare reform.
Mr. Wilson said it sounds to him that this was "socialized medicine on a county level."
Budget Director Jason Brown said government entities are not the only ones instituting
these health clinics, and he listed other companies that have undertaken this venture. Director
Sexton addressed the concern of "what have we been doing with our health plans in terms of
benefit plan changes." He said we are now looking for an overall solution because employees
are hit with increased fees.
Caroline Godwin, Director of the Indian River County Medical Society, said she was
here to gather information about the proposed city clinic. She said their physicians have
concerns about patient safety and their part in the city clinic. Another concern was about doctors
being put in the position of accepting referrals from the clinic which would be accepting a
referral from the government, which is "socialized medicine." They would like to see more
transparency and an invitation to the Indian River County Medical Society physicians to become
involved in the conversation and decisions about the health clinic.
Chairman Davis welcomed their participation and hoped there is a private sector solution,
because he inherently has a problem with government competing against the private sector.
Director Sexton replied the County was not looking at hiring doctors and bringing on
staff, but is looking at hiring a Firm that will run the health clinic, a private sector solution; so
they would not be getting a referral from the County government, but the CareHere Clinic, for
example.
May 19, 2009 32
Commissioner Wheeler said he would be tickled to get input from physicians in this
community to help him better understand this process of what is offered and where we stand.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed staff to
(1) return with a Request for Proposal (RFP) and a
Request for Qualifications (RFQ) for Board consideration,
to see who could offer the best deal; and (2) provide the
Board with a matrix/spreadsheet showing comparisons and
listing options, to enable Commissioners to make a fair
comparison.
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12. H. RECREATION - NONE
12.1. PUBLIC WORKS - NONE
May 19, 2009 33
12.J. UTILITIES SERVICES
12.J.1. CHANGE ORDER NO. 1 TO IRC CONTRACT 2008027 WITH
INTERSTATE ENGINEERING CORPORATION FOR PUMP UPGRADES
AND MCC REPLACEMENT AT THE SOUTH RO PLANT
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order No. 1 with Interstate Engineering
Corporation (IEC), which includes increasing the contract
amount by $75,813.61 and increasing the scheduled by 60
days, as recommended in the memorandum of April 30,
2009.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.2. RELEASE OF RETAINAGE FOR WORK ORDER No. 2 (UTILITY)
WITH CARTER ASSOCIATES, INC., FOR SURVEY SERVICES FOR THE
BIOSOLIDS DEWATERING FACILITY - UCP 2697
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Work Order No. 2 final payment with Carter
Associates, Inc., in the amount of $2,340.00, as
recommended in the memorandum of April 29, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 19, 2009 34
12.J.3. AWARD OF RF() 2008059 - UTILITY BILLING SOFTWARE
SYSTEM
Julia LaFear, Department of Utility Services, recommended the Board award the Bid to
Advance Utility Systems. She updated the Board on the Utility Billing Software system,
informing Commissioners that in October 2003, the Utilities Department converted from the
HTE billing software to MUNIS utility billing; however, MUNIS does not meet the needs of the
department's users nor offers capabilities to enhance customer service.
Ms. LaFear listed the limited support for customers, a lack of online functionality, and
internal inefficiencies in processing tasks, as some of the problems they have with the current
software. She explained the selection process, and staff's reason for recommending Advanced
Utility. She also outlined the expected improvements and asked the Board to approve staff's
recommendations. She then responded to questions from the Board regarding how soon on-line
payments are posted to accounts, and whether they would accept credit or debit cards, and e -
checks.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Software award to Advanced Utility Systems and
authorized the County Administrator to sign the contract
between the County and Advanced Utility Systems after
review and approval of the contract by the Office of
Management & Budget and the County Attorney's Office,
as recommended in the memorandum of April 24, 2009.
May 19, 2009 35
13. COUNTY ATTORNEY MATTERS
13.A. REQUEST BOARD DIRECTION OF LOCAL OPTION GAS TAX
Marian Fell, Senior Assistant County Attorney, sought Board direction on the Local
Option Gas Taxes; provided background on the request; and reminded the Board that there are
three categories of local option gas taxes as follow:
(1) the original Six Cents, which the County levied in 1985. The full amount of those six
cents was levied and we are required to share it with the municipalities and the money is
used for transportation expenditures as provided by law;
(2) the ELMS Five Cents. The County does not currently levy any portion of the ELMS
five cents. If the County were to levy that we would have to share the money with the
municipalities and the money can be used for transportation expenditures linked to the
Capital Improvement Element of the approved Comprehensive Plan; and
(3) the additional penny called the Ninth Cent. Indian River County does not levy the
ninth cent currently. The monies from this are used for transportation expenditures and
those are the same expenditures and uses as the original six cents. The key difference is
the County does not have to share any portion of the revenue from the ninth cent.
Attorney Fell told the Board that this item was before them because there was a short
timeframe if the Board wishes to adopt an ordinance to levy either the ELMS five cents or the
ninth cent. The ordinance would have to be adopted before July 1, 2009, and the revenue would
start to come in the following January 1, 2010.
Budget Director Jason Brown talked about the fiscal effects. He said the Capital
Improvement Element, over the last several years, has had an increase in the gas tax in the fourth
year, as that has been the plan, to balance the road projects Capital Improvement Element (CIE)
for several years. He reminded the Board of its instructions to staff months ago to gather gas
price data from the surrounding counties, which they have done. He displayed a chart showing
May 19, 2009 36
fuel price differential between Martin, St. Lucie and Brevard Counties, comparing it to Indian
River County's First Quarter.
Commissioner O'Bryan asked if there were any reasons why we were not more
competitive compared to Brevard County.
Director Brown could not say why that was so, and said if we were to implement an
additional gas tax, we would need to adjust the impact fee schedule for the traffic impact fees.
Staff has calculated that a levy of a full six cents, if the Board decided to do so, would result in a
decrease of between nine and eleven percent (9-11%) in the traffic impact fees that we would
need to do, because we would have to give a credit for the gas tax that the new development
would pay.
Commissioner Solari did not think this was the time for a regressive tax like this, because
there are too many people out of work, and struggling to make ends meet. He preferred to look
at it again in a year, but would not support an increase now.
Vice Chairman Flescher had the same sentiments. He believed that an increase in gas tax
would hurt the community, businesses, and the local economy, and he would not support an
increase at this time.
Commissioner O'Bryan could not support a six cents increase either, and given the
current economic conditions, did not think it was feasible.
Commissioner Wheeler felt anything to do with taxes right now was out of the question;
it was not palatable.
May 19, 2009 37
No Board action was taken.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN -
NONE
14. C. COMMISSIONER GARY C. WHEELER - NONE
14.D. COMMISSIONER PETER D. O'BRYAN
14.D.1. ADDITION: INFORMATION FROM THE 2009 GOVERNOR'S
HURRICANE CONFERENCE HELD IN MIAMI, FLORIDA.
Commissioner O'Bryan updated the Board on the outcome of the Governor's Hurricane
Conference he attended last week, along with Emergency Services Director John King, and
Assistant Public Works Director Chris Mora. He informed the Board that the State is planning a
statewide training exercise, "Hurricane, 0 -No." They are asking non -impacted counties to be a
host county to receive evacuees, and the stipulated number for our County would be 72,000
evacuees for whom we would have to provide food, shelter, and other related amenities, for a
period of up to 6 months. He believed that could be a tremendous cost to the County. He did not
hear much about funding and thought this could very well be another unfunded mandate. The
good news was the Legislature had approved some of the annual funding that Emergency
Services receive He said there were two grants: a State Grant, and a Federal Grant, and that
total last year was about $135,000.00 to the County, so we should expect about that much again
this year.
May 19, 2009 38
Chairman Davis, looking at the scenario of "Hurricane 0 -No," thought it would be wise
for us to utilize the Fairgrounds facility whenever we need it; and if needs be, look at utilizing
public facilities that are not necessarily needed on a daily basis.
Commissioner O'Bryan discussed the impact of a sudden influx of so many evacuees.
No Board Action required or taken.
14.E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15. C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
May 19, 2009 39
31( '
i
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:44
p.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: JUN 1 6 2009
Wesley S. Davis, Chairman
1137 1V 461
May 19, 2009 40