HomeMy WebLinkAbout04/13/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 13, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
MOVE: ITEM 8. CONSENT AGENDA TO BE HEARD FOLLOWING ITEM 5.F.
PRESENTATION OF PROCLAMATION DESIGNATING APRIL 16, 2010 AS INDIAN
RIVER TEA PARTY DAY OF AWARENESS AND PRIOR TO ITEM 5.G.
PRESENTATION BY GLENN HERAN AND DR. FAHERTY ON CITY OF VERO BEACH
ELECTRIC SYSTEM 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION PROMOTING THE SPRING 2010 MIGHTY
MITE BASEBALL SEASON 2
5.B. PRESENTATION OF PROCLAMATION HONORING THE RECIPIENTS OF THE 2010
DAN K. RICHARDSON AWARD, DR. HUGH MCCRYSTAL AND MRS. ANN MARIE
MCCRYSTAL 2
5.C. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 11 - 17, 2010, AS
NATIONAL TELECOMMUNICATORS' WEEK 3
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April 13, 2010
5.D. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 18 THROUGH APRIL
24, 2010 AS NATIONAL CLEANING FOR A REASON WEEK 3
5.E. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 18 - 24, 2010 AS
CRIME VICTIMS' RIGHT WEEK IN INDIAN RIVER COUNTY, FLORIDA 3
5.F. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 16, 2010 AS INDIAN
RIVER TEA PARTY DAY OF AWARENESS 4
5.G. PRESENTATION BY GLENN HERAN AND DR. FAHERTY ON CITY OF VERO BEACH
ELECTRIC SYSTEM 4
6. APPROVAL OF MINUTES 7
6.A. SPECIAL CALL MEETING OF FEBRUARY 22, 2010 7
6.B. REGULAR MEETING OF MARCH 2, 2010 7
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 8
7.A. 2010 ELECTION OF PARKS AND RECREATION COMMITTEE (PRC) CHAIRMAN
AND VICE CHAIRMAN 8
7.B. INDIAN RIVER FARMS WATER CONTROL DISTRICT AUDIT REPORT FOR YEAR
ENDED SEPTEMBER 30, 2008 IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD 8
8. CONSENT AGENDA 8
8.A. APPROVAL OF WARRANTS AND WIRES MARCH 26, 2010 TO APRIL 4, 2010 9
8.B. PROCLAMATION HONORING DIANA A. JAGGERS ON HER RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF
EMERGENCY SERVICES/FIRE RESCUE WITH FOURTEEN YEARS SERVICE 9
8.C. SECTOR 3 BEACH RESTORATION PROJECT, REVISED CHANGE ORDER NO. 1 AND
CHANGE ORDER No. 2, RANGER CONSTRUCTION INDUSTRIES, INC. 9
8.D. MISCELLANEOUS BUDGET AMENDMENT 012 10
8.E. REQUEST TO SET A PUBLIC HEARING DATE REGARDING AN APPLICATION FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A CLASS B
CERTIFICATE FROM COASTAL HEALTH SYSTEMS OF BREVARD TO PROVIDE
NON -EMERGENCY ALS/BLS AMBULANCE INTERFACILITY TRANSPORTS 10
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April 13, 2010
8.F. APPROVAL OF EXTENSION FOR FEDERALLY FUNDED HOMELAND SECURITY
GRANT #08 -DS -60-10-40-01-204 11
8.G. APPROVAL OF EXTENSION FOR FEDERALLY FUNDED HOMELAND SECURITY
GRANT #09 -DS -20-10-40-01-421 11
8.H. APPROVAL OF AGREEMENT TO HAVE COUNTY MAIL PRE-SORTED AND
TRANSPORTED TO ORLANDO IN EXCHANGE FOR REDUCED POSTAGE CHARGES 11
8.I. BOARD CONSIDERATION TO APPROVE A RESOLUTION FOR A GRANT
APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT FOR PUBLIC
ACCESS IMPROVEMENTS ON THE FLINN TRACT OF THE INDIAN RIVER LAGOON
GREENWAY 12
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 12
10. PUBLIC ITEMS 12
10.A. PUBLIC HEARINGS -NONE 12
10.B. PUBLIC DISCUSSION ITEMS -NONE 12
10.C. PUBLIC NOTICE ITEMS -NONE 12
11. COUNTY ADMINISTRATOR MATTERS -NONE 13
12. DEPARTMENTAL MATTERS 13
12.A. COMMUNITY DEVELOPMENT -NONE 13
12.B. EMERGENCY SERVICES -NONE 13
12.C. GENERAL SERVICES -NONE 13
12.D. HUMAN RESOURCES -NONE 13
12.E. HUMAN SERVICES -NONE 13
12.F. LEISURE SERVICES -NONE 13
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 13
12.1. RECREATION -NONE 13
12.I. PUBLIC WORKS 13
12.I.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 13
12.J. UTILITIES SERVICES -NONE 14
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April 13, 2010
13. COUNTY ATTORNEY MATTERS 14
13.A. HOLMAN STADIUM USE GUIDELINES (DEFERRED FROM APRIL 6, 2010 AGENDA) .... 14
13.B. DEPUTY COUNTY ATTORNEY AND ASSISTANT COUNTY ATTORNEY
EMPLOYMENT CONTRACTS (DEFERRED FROM APRIL 6, 2010 AGENDA) 16
13.C. WHETHER TO PREPARE A PROPOSED ECONOMIC DEVELOPMENT TAX
EXEMPTION ORDINANCE IN ADVANCE OF THE NOVEMBER 2010 REFERENDUM 20
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 21
14.A.1. AN UPDATE OF THE FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE
CONFERENCE (DEFERRED FROM APRIL 6, 2010 AGENDA) 21
14.A.2. RETRACT APPOINTMENT TO THE COUNTY CANVASSING BOARD 21
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 22
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 22
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 22
14.E. COMMISSIONER GARY C. WHEELER -NONE 22
15. SPECIAL DISTRICTS AND BOARDS 22
15.A. EMERGENCY SERVICES DISTRICT -NONE 22
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 22
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 22
16. ADJOURNMENT 23
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April 13, 2010
JEFFREY K. BARTON
Clerk to the Board
April 13, 2010
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, April 13, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob Solari,
and Commissioners Wesley S. Davis, Joseph E. Flescher, and Gary C. Wheeler. Also present
were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Stan Boling, Planning Director, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Bob Solari led the Pledge of Allegiance to the Flag.
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April 13, 2010
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to today's Agenda:
MOVE.' ITEM 8. CONSENT AGENDA TO BE HEARD FOLLOWING ITEM S.F. PRESENTATION OF
PROCLAMATION DESIGNATING APRIL 16, 2010 AS INDIAN RIVER TEA PARTY DAY OF
AWARENESS AND PRIOR TO ITEM S.G. PRESENTATION BY GLENNHERANAND DR.
FAHERTY ON CITY OF VERO BEACH ELECTRIC SYSTEM
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION PROMOTING THE SPRING 2010
MIGHTY MITE BASEBALL SEASON
Commissioner Wheeler read and presented the Proclamation to Recreation Department
Director Cliff Crawford, Assistant Director Mike Redstone, and Athletic Supervisor Bob Wilson.
S.B. PRESENTATION OF PROCLAMATION HONORING THE RECIPIENTS OF THE
2010 DAN K RICHARDSON AWARD, DR. HUGH MCCRYSTAL AND MRS.
ANN MARIE MCCRYSTAL
Commissioner Flescher read and presented the Proclamation to Dr. Hugh McCrystal and
Mrs. Ann Marie McCrystal.
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April 13, 2010
Freddie Woolfork, Administrator of Development and Marketing, Gifford Youth
Activity Center (GYAC), thanked the Board for joining with the GYAC in recognizing Dr. and
Mrs. McCrystal. He introduced Carter Hopkins, Foundation Chair; Angelia Perry, Executive
Director; and Bob Lamont, Foundation Executive Director of the GYAC.
5.C. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 11-17, 2010,
AS NATIONAL TELECOMMUNICATORS' WEEK
Commissioner Flescher read and presented the Proclamation to Sheriff Deryl Loar;
Sandy Fox, Communications Director; and Public Safety Dispatchers Franny Bertin, Brandi
Ooley, and Shelley Wright.
S.D. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 18 THROUGH
APRIL 24, 2010 AS NATIONAL CLEANING FOR A REASON WEEK
Vice Chairman Bob Solari read and presented the Proclamation to Tom Heveron,
President of Beachland Cleaning.
S.E. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 18 - 24, 2010 AS
CRIME VICTIMS' RIGHT WEEK IN INDIAN RIVER COUNTY, FLORIDA
Chairman O'Bryan read and presented the Proclamation to Sheriff Deryl Loar; Shirley
Roseman, Victim's Advocate Director and President of the Victim Right's Coalition; and Lisa
Larson, Vice President Victim Right's Coalition.
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April 13, 2010
S.F. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 16, 2010 AS
INDIAN RIVER TEA PARTY DAY OF AWARENESS
Commissioner Davis read and presented the Proclamation to Toby Hill, Chairman, Indian
River Tea Party.
The Chairman called a break at 9:36 a.m. and reconvened the meeting at 9:46 a.m., with
all members present.
5.G. PRESENTATION BY GLENNHERANAND DR. FAHERTY ON CITY OF VERO
BEACH ELECTRIC SYSTEM
(Clerk's Note: This item was heard following Item 8. Consent Agenda and is placed here
for continuity.)
Dr. Stephen Faherty used a PowerPoint presentation to review the situation whereby
County residents living outside of the Vero Beach City Limits, whose electric service is provided
by the City of Vero Beach Electric Utility, as well as other municipal utility customers, are
paying much higher electric utility rates than individuals served by Florida Power & Light
(FPL).
Glenn Heran presented an interactive PowerPoint (on file) to which he input several
different fair market values for the City of Vero Beach Electric System, to outline various
scenarios describing the benefits of selling the system to FPL. He reported that a copy of his
presentation could be obtained by e -mailing him at glenn@hfbllc.com.
Discussion ensued among Commissioners, Dr. Faherty, and Mr. Heran on how the
County could help provide relief to the County residents paying Vero Beach Electric; the City's
possible motives for holding onto the Utility; how switching to FPL from Vero Electric could be
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April 13, 2010
an economic driver; the County's option to petition the Public Service Commission (PSC) for a
change in the Territorial Agreement; the past performance of FPL and Vero Electric post -storm;
and whether the City of Vero Beach Electric Utility could offer "green" incentives.
The following persons appeared before the Commission in support of the sale of the City
of Vero Beach Electric Utility:
Charlie Wilson, 1057 6th Avenue
Renee Renzi, Waverly Place
Jim Kirchner, 24 Seagull Avenue, Vero Isles
David Gregg, Moorings
J. Rock Tonkel, 5055 North Harbor Drive, Grand Harbor, suggested that the Board
invite the City Manager to make a presentation of its economic model for the Vero Beach
Electric Utility.
Vice Chairman Solari supported Mr. Tonkel's idea, and suggested having a meeting for
the City of Vero Beach to present its economic model, after which a meeting could be held to
discuss both models.
Commissioner Wheeler also advocated having the City present its economic model;
however, he wanted to have one meeting at which both models were discussed, with public input
subsequent to each presentation.
Mr. Heran suggested that the Town of Indian River Shores be invited to the Workshop,
and confirmed that he and Dr. Faherty, if the Board desired, would attend the Workshop.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to invite the City
of Vero Beach and the Town of Indian River Shores to a
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April 13, 2010
Public Workshop with the County, for the purpose of
having the City give a presentation of their economic
model for the Vero Beach Electric Utility, and to have
available Mr. Heran, Dr. Faherty, and appropriate County
staff.
Commissioner O'Bryan stated, for the record, that the Board needs to give a five-year
notice on its decision whether to renew the Franchise Agreement with the Vero Beach Electric
Utility, and as such, a decision needs to be made by March 2012.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved to hold
a Workshop, inviting the City of Vero Beach and the
Town of Indian River Shores, for the purpose of having
the City make a presentation of their economic model for
the Vero Beach Electric Utility, and to have available Mr.
Heran, Dr. Faherty, and appropriate County staff.
Commissioner O'Bryan confirmed that he and Attorney Polackwich would draft the letter
of invitation to James Gabbard, Vero Beach City Manager.
Commissioner Davis felt that prior to the Public Workshop, it would be appropriate for
the County Attorney to advance his research on the Franchise Agreements with the City of Vero
Beach, and on issues relating to FPL.
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April 13, 2010
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board directed the County
Attorney to review the County's Franchise Agreements
with the City of Vero Beach, before the Workshop
Meeting, and to advance his research on issues pertaining
to FPL.
The Chairman called a break at 11:15 a.m. and reconvened the meeting at 11:25 a.m.,
with all members present.
6. APPROVAL OF MINUTES
6.A. SPECIAL CALL MEETING OF FEBRUARY 22, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Special Call Meeting of February 22, 2010. There were none.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
the Minutes of the Special Call Meeting of February 22,
2010, as written.
6.B. REGULAR MEETING OF MARCH 2, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of March 2, 2010. There were none.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
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April 13, 2010
the Minutes of the Regular Meeting of March 2, 2010, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. 2010 ELECTION OF PARKS AND RECREATION COMMITTEE (FRC)
CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Thomas Johnson III as Chairman, and
Councilmember Michael Ochsner as Vice Chairman, of the Parks and Recreation Committee
(PRC) for 2010.
7.B. INDIAN RIVER FARMS WATER CONTROL DISTRICT AUDIT REPORT FOR
YEAR ENDED SEPTEMBER 30, 2008 IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
8. CONSENT AGENDA
(Clerk's Note: This item was heard following Item S.F., and is placed here for
continuity.)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as presented.
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April 13, 2010
8.A. APPROVAL OF WARRANTS AND WIRES MARCH 26, 2010 TO APRIL 4, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of March 26, 2010 to April 4,
2010, as recommended in the memorandum of April 4,
2010.
8.B. PROCLAMATION HONORING DIANA A. JAGGERS ON HER RETIREMENT
FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH FOURTEEN
YEARS SERVICE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the proclamation honoring Diana A. Jaggers on her
retirement from the Department of Emergency
Services/Fire Rescue.
8.C. SECTOR 3 BEACH RESTORATION PROJECT, REVISED CHANGE ORDER No.
1 AND CHANGE ORDER No. 2, RANGER CONSTRUCTION INDUSTRIES, INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
revised Change Order No. 1, Attachment 1 to Change
Order No. 1, and revised Change Order No. 2, with
Ranger Construction Industries, Inc., increasing the total
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April 13, 2010
contract price from $7,270,806.90 to $10,319,233.90, as
recommended in the memorandum of March 29, 2010.
8.D. MISCELLANEOUS BUDGET AMENDMENT 012
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-029, amending the fiscal year 2009-2010
budget.
8.E. REQUEST TO SET A PUBLIC HEARING DATE REGARDING AN APPLICATION
FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A
CLASS B CERTIFICATE FROM COASTAL HEALTH SYSTEMS OF BREVARD
TO PROVIDE NON -EMERGENCY ALS/BLS AMBULANCE INTERFACILITY
TRANSPORTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously directed
staff to schedule a Public Hearing for May 4, 2010, as the
date to consider the application for a Class B Certificate of
Public Convenience and Necessity filed by Coastal Health
Services of Brevard to provide ALS/BLS Ambulance
interfacility transports, as recommended in the
memorandum of March 31, 2010.
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April 13, 2010
8.F. APPROVAL OF EXTENSION FOR FEDERALLY FUNDED HOMELAND
SECURITY GRANT #08 -DS -60-10-40-01-204
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute the Subgrant
Agreement (#08 -DS -60-10-40-01-204) extension with the
Florida Department of Emergency Management, as
recommended in the memorandum of April 1, 2010.
8.G. APPROVAL OF EXTENSION FOR FEDERALLY FUNDED HOMELAND
SECURITY GRANT #09 -DS -20-10-40-01-421
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute the Subgrant
agreement (#09 -DS -20-10-40-01-421) extension with the
Florida Department of Emergency Management, as
recommended in the memorandum of April 1, 2010.
8.H. APPROVAL OF AGREEMENT TO HAVE COUNTY MAIL PRE-SORTED AND
TRANSPORTED TO ORLANDO IN EXCHANGE FOR REDUCED POSTAGE
CHARGES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Memorandum of Understanding with Address 'N
Mail, Inc., (ANM) and the Addendum to the
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April 13, 2010
Memorandum of Understanding with Address 'N Mail,
Inc., and authorized the Chairman to execute the
documents and the Postal Services Form 8096, all as
recommended in the memorandum of April 5, 2010.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. BOARD CONSIDERATION TO APPROVE A RESOLUTION FOR A GRANT
APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT FOR
PUBLIC A CCESS IMPROVEMENTS ON THE FLINN TRACT OF THE INDIAN
RIVER LAGOON GREENWAY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-030, Attachment E-6, Resolution for
Assistance under the Florida Inland Navigation District
(FIND) Waterways Assistance Program.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS -NONE
10. B. PUBLIC DISCUSSION ITEMS -NONE
10. C. PUBLIC NOTICE ITEMS -NONE
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April 13, 2010
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES NONE
12. D. HUMAN RESOURCES -NONE
12. E. HUMAN SERVICES -NONE
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.1. PUBLIC WORKS
12.1.1. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT
Public Works Director Christopher Mora presented staff's update (report on file) on the
Sector 3 Beach Renourishment Project.
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April 13, 2010
12.J. UTILITIES SERVICES -NONE
13. COUNTY ATTORNEY MATTERS
13.A. HOLMANSTADIUM USE GUIDELINES (DEFERRED FROM APRIL 6, 2010
AGENDA)
County Attorney Alan S. Polackwich, Sr., through review of the memorandum dated
March 30, 2010, provided background information on the Board -initiated request to review the
use guidelines with Minor League Baseball (MiLB) for the County's use of Holman Stadium,
to determine whether they could be revised to be less restrictive. He stated that the two main
proposed changes are: (1) replacement of the 501(c)(3) requirement with a general not-for-profit
requirement, and (2) addition of a provision giving the Board discretion to waive any
requirements of the guidelines and the County Administrator discretion to waive procedural
requirements.
Vice Chairman Solari opposed the revised guidelines under Section A. Eligibility. He
cautioned that the Board might be obliged to grant requests from all types of non -profits who
would not be allowed under the current policy, which allows only 501(c)(3) designated
organizations. He also feared allowing the non 501(c)(3) organizations would impart a political
aspect to the use policy, and additionally, that it might be an infringement on the property rights
of MiLB.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, for discussion, that
the Board DENY the changes to the current Holman
Stadium Use Guidelines under Section A. Eligibility, and
maintain the wording that requesting user groups must be
501(c)(3) corporations.
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April 13, 2010
Responding to Chairman O'Bryan's inquiry, Attorney Polackwich reviewed the criteria
for 501(3)(c) and other 501c organizations.
Commissioner Flescher felt that opening up the use of the stadium to non 501(3)(c)
organizations would create an excessive demand for use of the facility.
Commissioner Davis sought input from Attorney Polackwich regarding the other changes
to the use policy.
Attorney Polackwich advised that the most important change to the use policy was under
Section D, Insurance, which expanded out the indemnity obligation of the user, "...shall contain
an indemnity from the user group to the County and MiLB for the costs of any damage or
destruction to the Stadium or liabilities associated with personal-injury or death that occurs in
connection with the use of the Stadium by the user group." He outlined the remaining changes,
under Sections K. Procedures; L. Fiscal Reports; and P. Discretion.
Vice Chairman Solari objected to the first sentence under P. Discretion, "The County
Commission shall have discretion to waive any requirement of the Use Guidelines when it
determines that such waiver is in the best interests of the County." and asked that it be stricken
from the revision.
Commissioner O'Bryan confirmed that the Commissioners were satisfied with all of the
remaining changes to the revised guidelines.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Commissioner Davis to: (1) deny the
changes under Section A. Eligibility and maintain the
wording that requesting user groups must be 501(c)(3)
corporations; (2) adopt the remaining revised Holman
Stadium Use Guidelines for future use, under Sections D.
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April 13, 2010
Insurance; K. Procedures; L. Fiscal Reports; and P.
Discretion, with the DELETION of the first sentence from
P.
The Chairman CALLED THE QUESTION, and the
Amended Motion carried unanimously.
13.B. DEPUTY COUNTY ATTORNEY AND ASSISTANT COUNTY ATTORNEY
EMPLOYMENT CONTRACTS (DEFERRED FROM APRIL 6, 2010 AGENDA)
Attorney Polackwich reviewed the memorandum of March 24, 2010 to provide a
synopsis of the proposed changes made to the employment agreements for the Deputy and
Assistant County Attorneys, pursuant to a Board directive issued on January 19, 2010 for him to
review and make recommendations on the contracts. He thereafter presented staff's
recommendation of the proposed contract form, the Deputy/Assistant County Attorney
Employment Agreement, as presented on pages 88-91 of the backup.
Commissioner Wheeler presented arguments opposing the concept of employment
contracts, unless they reflect terms similar to those in Attorney Polackwich's contract, or if the
severance package is capped at thirty (30) days.
Attorney Polackwich, responding to Commissioners' questions, divulged that under the
existing contract, the Deputy County Attorney would be going into his seventh year of
employment, and would be eligible for approximately $72,000 in severance dollars. He said that
under the proposed contract, the Deputy County Attorney's severance would cap out to a
maximum of four months' pay at the eighth year, at a cost of approximately $50,000, but would
not escalate in the future.
Commissioner Flescher objected to the severance amounts in both contracts, preferring
the employees to have property rights, rather than severance payments.
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April 13, 2010
Bill DeBraal, Deputy County Attorney, discussed the terms of his original employment
agreement. He affirmed that he was willing to relinquish the receipt of severance which has
been put into the proposed contract under the "termination for cause" clause, but as a matter of
fairness, did not wish to go backwards on future contract renewals and bargain away severance
already accrued.
Vice Chairman Solari felt that the proposed contract was in line with what the
Commission has requested in the past, and gives the County Attorney the leverage he needs to
run his office.
MOTION WAS MADE by Vice Chairman Solari, to
approve staff's recommendation. There was no Second.
MOTION DIED.
Commissioner Wheeler agreed with the proposed contract because he did not think it was
right to take away benefits which have already been anticipated. However, he would like to see
contracts not being employed for future hires.
Commissioner Davis supported Attorney Polackwich's recommendation for the proposed
contracts for the Deputy and Assistant County Attorney, but he wanted to take a closer look at
the stipulations which had been included in other employees' contract agreements, which may
have not come before the Board.
Vice Chairman Solari acknowledged Commissioner Wheeler's comments, and offered a
new Motion.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to maintain the
rights provided to the Deputy and Assistant County
Attorneys as set forth in their existing contracts; however,
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April 13, 2010
the severance payout terms would be capped at four (4)
months of salary for the Deputy County Attorney, and
three (3) months of salary for the Assistant County
Attorney, as outlined in the proposed contract form.
Discussion ensued regarding creating policy for future hires.
Commissioner O'Bryan felt the proposed contract form provided the tools which the
County Attorney would need to hire quality people, while providing him with some flexibility to
dismiss an employee. He asked fellow Commissioners if the proposed template was what they
wished to use for future hires.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Commissioner O'Bryan, to accept for
future hires, the draft contract form of the
Deputy/Assistant County Attorney Employment
Agreement.
Commissioners Wheeler and Davis supported the proposed contract form for the current
Deputy and Assistant County Attorneys, but did not want to follow it as a template for future
hires.
A wide-ranging discussion ensued among Commissioners and staff, which focused upon
how to handle future employee contracts.
The Chairman CALLED THE QUESTION, and by a 2-3
vote (Commissioners Flescher, Davis, and Wheeler
opposed), the Motion FAILED. The Board DENIED
accepting for future hires, the draft contract form of the
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April 13, 2010
Deputy/Assistant County Attorney Employment
Agreement.
MOTION WAS MADE by Vice Chairman Solari to
approve the proposed contract form for the
Deputy/Assistant County Attorney Employment
Agreement for the current two attorneys, and to cap the
severance to where it is today under the new contract, with
no additional accrual of severance. There was no Second.
MOTION DIED.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to approve the
proposed contract form as presented, for the current
Deputy County Attorney and the Assistant County
Attorney.
Discussion continued as Commissioners expressed opinions on liability, the need to avoid
costly severance payments in the future, and the Ordinance governing employment contracts.
Commissioner Flescher preferred to see in the Deputy County and Assistant Attorney's
contract similar terms such as those in Attorney Polackwich's contract.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Flescher opposed), the Motion
carried. The Board approved the proposed
Deputy/Assistant County Attorney Employment
Agreement contract form for the current Deputy and
Assistant County Attorneys.
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April 13, 2010
Further discussion ensued regarding the best way to handle future employment contracts,
after which the Board took the following action:
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously directed
staff to present an employment contract policy review, at
the May 11, 2010 County Commission Meeting.
13. C. WHETHER TO PREPARE A PROPOSED ECONOMIC DEVELOPMENT TAX
EXEMPTION ORDINANCE IN ADVANCE OF THE NOVEMBER 2010
REFERENDUM
Attorney Polackwich recalled that on April 6, 2010, the Board had voted to hold a
referendum on the issue of economic development ad valorem tax exemptions at the November
2010 General Election. He stated that an Ordinance would be required to implement the tax
exemption program, should it be approved, and presented staff's recommendation to prepare the
draft Ordinance prior to the referendum.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously
directed staff to prepare the proposed Economic
Development Tax Exemption Ordinance.
Vice Chairman Solari asked Attorney Polackwich to bring the draft Ordinance back
under County Attorney Matters, and not under the Consent Agenda.
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April 13, 2010
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN
14.A.1. AN UPDATE OF THE FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE
CONFERENCE (DEFERRED FROM APRIL 6, 2010 AGENDA)
Chairman O'Bryan provided information regarding the Local Savings Act, which was
developed by the Florida Association of Counties (FAC) and the Florida League of Cities. The
Local Savings Act outlines and reveals the financial impact on local governments of
approximately one dozen unfunded state mandates. The Act proposes eliminating, waiving, or
postponing the unfunded mandates (presented on pages 98 and 99 of the backup), and putting the
money into local budgets for local services.
14.A. 2. RETRACT APPOINTMENT TO THE COUNTY CANVASSING BOARD
Chairman O'Bryan presented his request to retract the appointment made on March 23,
2010 of Vice Chairman Solari to the Canvassing Board, because Commissioner Solari's
involvement in the campaign for one of the candidates conflicts with the statutory requirements.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner O'Bryan, to retract the
appointment of Vice Chairman Bob Solari to the County
Canvassing Board, as requested in the memorandum of
April 13, 2010.
Discussion ensued regarding the dilemma that all of the Commissioners are active, in
some capacity, in the upcoming election.
Chairman O'Bryan stated that he would provide written notification to Judge Levin
that none of the County Commissioners are able to serve on the Canvassing Board, and ask him
to appoint another individual to serve in their stead.
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April 13, 2010
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved to
retract the appointment of Vice Chairman Bob Solari to
the County Canvassing Board, as requested in the
memorandum of April 13, 2010.
14. B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE
14. C. COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE
14.E. COMMISSIONER GARY C. WHEELER -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
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April 13, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 12:50
p.m.
ATTEST:
Pth3,
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Y
Minutes Approved: MAY 1 8 2010
BCC/MG/2010Minutes
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April 13, 2010