HomeMy WebLinkAbout05/18/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
MAY 18, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
ADDITION: ITEM 5.G. UPDATE FROM DIRECTOR OF EMERGENCY SERVICE
JOHN KING, REGARDING THE OIL SPILL IN THE GULF OF MEXICO 2
DELETION: ITEM 8.B. AWARD OF BID # 2010034, 58TH AVENUE ROADWAY
MODIFICATIONS, IRC PROJECT No. 0550 2
DELETION: ITEM 10.B.1. REQUEST TO SPEAK FROM FRED MENSING
REGARDING BUILDING PERMITS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING CAROL ANN SCURLOCK ON HER
RETIREMENT FROM THE TAX COLLECTOR'S OFFICE OF INDIAN RIVER COUNTY 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY AS
CIVILITY MONTH 2
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May 18, 2010
5.C. PRESENTATION OF PROCLAMATION DESIGNATING MAY 25, 2010 AS
RENEWABLE AND ALTERNATIVE ENERGY DAY 3
5.D. PRESENTATION OF PROCLAMATION DESIGNATING MAY 31, 2010 AS MEMORIAL
DAY 3
5.E. PRESENTATION OF ANNUAL REPORT OF THE WORKFORCE DEVELOPMENT
BOARD OF THE TREASURE COAST BY GWENDA THOMPSON, PRESIDENT/CEO,
WORKFORCE SOLUTIONS 4
5.F. PRESENTATION OF YOUTH GUIDANCE UPDATE BY BARBARA SCHLITT FORD,
EXECUTIVE DIRECTOR 4
5.G. ADDED: UPDATE FROM DIRECTOR OF EMERGENCY SERVICES JOHN KING,
REGARDING THE OIL SPILL IN THE GULF OF MEXICO 4
6. APPROVAL OF MINUTES 5
6.A. PRELIMINARY BUDGET WORKSHOP APRIL 8, 2010 5
6.B. REGULAR MEETING OF APRIL 13, 2010, 2010 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 5
7.A. RESIGNATION OF FDOT DISTRICT 4 APPOINTEE TO THE TDLCB 5
7.B. CLAIM ON BID BOND FOR H&D CONSTRUCTION, NORTH WATER TREATMENT
PLANT RAW WATER TRANSMISSION SYSTEMS 6
8. CONSENT AGENDA 6
8.A. APPROVAL OF WARRANTS AND WIRES, APRIL 30, 2010 TO MAY 6, 2010 6
8.B. AWARD OF BID # 2010034, 58TH AVENUE ROADWAY MODIFICATIONS, IRC
PROJECT NO. 0550 6
8.C. APPROVAL OF EXPENDITURES FOR THE INDIAN RIVER COUNTY PET FRIENDLY
SHELTER 6
8.D. APPROVAL OF RESOLUTION ADOPTING THE 2010 INDIAN RIVER COUNTY
EMERGENCY PLAN FOR HAZARDOUS MATERIALS 7
8.E. BID AWARD IRC #2010016 FOR FX SOFTWARE SERVICES - AMENDED
CONTRACT 7
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May 18, 2010
8.F. OSLO ROAD IMPROVEMENTS PHASE II, BETWEEN 43RD AVENUE AND 27TH
AVENUE, CUMBERLAND FARMS - GEOSYNTEC CONSULTANTS, INC., WORK
ORDER NO. 27 - SITE ASSESSMENT, CLEAN UP AND CLOSURE 8
8.G. APPROVAL WORK ORDER NO. 17 - BRIDGE DESIGN ASSOCIATES, INC.,
PEDESTRIAN BRIDGE - OLD DIXIE HIGHWAY SIDEWALK FROM 38TH LANE TO
65TH STREET, IRC PROJECT No. 0845 8
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 9
10. PUBLIC ITEMS 9
10.A. PUBLIC HEARING(S) 9
10.A.L CONSIDERATION OF AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING TITLE X,
IMPACT FEES, OF THE CODE OF INDIAN RIVER COUNTY TO AMEND CODE
SECTION 1000.09 "PAYMENT", AND AMENDING CHAPTER 201, COUNTY WATER
AND SEWER SERVICES, OF THE CODE OF INDIAN RIVER COUNTY, TO AMEND
SECTION 201.09 "IMPACT FEES", TO ALLOW FOR PAYMENT OF IMPACT FEES AT
THE CERTIFICATION OF OCCUPANCY (CO) (LEGISLATIVE) 9
10.B. PUBLIC DISCUSSION ITEMS 11
10.B.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING BUILDING PERMITS 11
10.B.2. REQUEST TO SPEAK FROM JACKI JACKSON, EARLY LEARNING COALITION OF
INDIAN RIVER, MARTIN AND OKEECHOBEE COUNTIES, INC. REGARDING
INFORMATION ABOUT CHILD CARE EXECUTIVE PARTNERSHIP 12
10.B.3. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER BRIAN
HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS REGARDING CITY OF
VERO BEACH ELECTRIC UTILITY 12
10.C. PUBLIC NOTICE ITEMS - NONE 12
11. COUNTY ADMINISTRATOR MATTERS - NONE 13
12. DEPARTMENTAL MATTERS 13
12.A. COMMUNITY DEVELOPMENT 13
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May 18, 2010
12.A.1. REQUEST BY STAFF FOR THE BOARD OF COUNTY COMMISSIONERS TO EXTEND
THE "OTHER CORRIDORS" LAND DEVELOPMENT REGULATION COMPLIANCE
DEADLINE FOR MODIFYING NON -CONFORMING FREE-STANDING SIGNS (LDR
SECTION 911.22(9)(I)1.v) AND INVOKE THE PENDING ORDINANCE DOCTRINE 13
12.B. EMERGENCY SERVICES - NONE 14
12.C. GENERAL SERVICES - NONE 14
12.D. HUMAN RESOURCES - NONE 14
12.E. HUMAN SERVICES - NONE 14
12.F. LEISURE SERVICES 14
12.F.1. INTERNATIONAL GOLF MAINTENANCE CONTRACT REVISION AND EXTENSION 14
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 15
12.H. RECREATION - NONE 15
12.I. PUBLIC WORKS - NONE 15
12.J. UTILITIES SERVICES 15
12.J.1. WATER STUDY OF SCALING AND CORROSION CONSIDERATIONS AT BOTH
REVERSE OSMOSIS FACILITIES 15
13. COUNTY ATTORNEY MATTERS 16
13.A. VISTA GARDENS GOLF COURSE - CODE ENFORCEMENT ALTERNATIVES 16
13.B. MONROE COUNTY V. PRICELINE.COM, ET AL NOTICE OF PENDENCY OF CLASS
ACTION 17
13.C. RESOLUTION DELEGATING THE AUTHORITY TO THE COUNTY ATTORNEY OR HIS
DESIGNEE TO EITHER ATTEND IN PERSON OR APPOINT A REPRESENTATIVE BY
PROXY TO VOTE ON ANY MATTERS AT ANNUAL MEETINGS OF ANY WATER
CONTROL DISTRICTS WITHIN INDIAN RIVER COUNTY WHERE INDIAN RIVER
COUNTY AND/OR THE SOLID WASTE DISPOSAL DISTRICT IS A LAND OWNER
WITHIN THAT DISTRICT 18
13.D. EMPLOYMENT CONTRACT POLICY 19
14. COMMISSIONER ITEMS 22
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 22
14.A.1 . A DISCUSSION ON THE RECOMMENDATIONS FOR DISSOLVING AND SUNSETTING
ADVISORY COMMITTEES 22
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May 18, 2010
14.A.2. COUNTY'S "SUSTAINABLE EDUCATION CENTER" 23
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE 24
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 24
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE 24
14.E. COMMISSIONER GARY C. WHEELER - NONE 24
15. SPECIAL DISTRICTS AND BOARDS 24
15.A. EMERGENCY SERVICES DISTRICT - NONE 24
15.B. SOLID WASTE DISPOSAL DISTRICT 24
15.B.1. WASTE MANAGEMENT'S REQUEST FOR A TIME EXTENSION ON SUBMITTAL OF
2009 CERTIFIED FINANCIAL REPORT 25
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 25
16. ADJOURNMENT 25
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May 18, 2010
JEFFREY K. BARTON
Clerk to the Board
May 18, 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, May 18, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob Solari,
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 Leona Adair Allen.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Commissioner Davis Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court, delivered
the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wheeler led the Pledge of Allegiance to the Flag.
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May 18, 2010
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to the Agenda:
ADDITION: ITEM S.G. UPDATE FROM DIRECTOR OF EMERGENCY SERVICE JOHN KING,
REGARDING THE OIL SPILL IN THE GULF OF MEXICO
DELETION: ITEM 8.B. AWARD OF BID # 2010034, 58TH AVENUE ROADWAY MODIFICATIONS,
IRCPROJECTNO. 0550
DELETION: ITEM 10.B.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING BUILDING
PERMITS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
Month.
S.A. PRESENTATION OF PROCLAMATION HONORING CAROL ANN SCURLOCK
ON HER RETIREMENT FROM THE TAX COLLECTOR'S OFFICE OF INDIAN
RIVER COUNTY
Commissioner Davis read and presented the Proclamation to Carol Ann Scurlock.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY
AS CIVILITY MONTH
Commissioner Solari read the Proclamation designating the month of May as Civility
May 18, 2010
2
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman O'Bryan, the Board unanimously approved
to send a copy of this Proclamation to the Democratic and
Republican parties in Washington, D.C.
5.C. PRESENTATION OF PROCLAMATION DESIGNATING MAY 25, 2010 AS
RENEWABLE AND ALTERNATIVE ENERGY DAY
Chairman O'Bryan read and presented the Proclamation to Penny Chandler, Indian River
County Chamber of Commerce, who accepted it on behalf of the Florida Research Coast.
Ms. Chandler announced that there was a Renewable and Alternative Energy Forum
event scheduled for the morning of May 25, 2010, at the Indian River State College.
S.D. PRESENTATION OF PROCLAMATION DESIGNATING MAY 31, 2010 AS
MEMORIAL DAY
Commissioner Flescher read and presented the Proclamation to Dr. Michael Weiss.
Dr. Weiss invited the Board and public to attend the Memorial Day ceremonies at
Veterans Memorial Island Sanctuary on Monday, May 31, 2010, at 10:00 a.m.
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May 18, 2010
S.E. PRESENTATION OF ANNUAL REPORT OF THE WORKFORCE DEVELOPMENT
BOARD OF THE TREASURE COAST BY GWENDA THOMPSON,
PRESIDENT/CEO, WORKFORCE SOLUTIONS
Gwenda Thompson, President/CEO of Workforce Solutions, provided the Board with an
update on Workforce Solution's annual report, which covered activities through March 2010,
and last year's program report (on file) which ended June 30, 2009.
S.F. PRESENTATION OF YOUTH GUIDANCE UPDATE BY BARBARA SCHLITT
FORD, EXECUTIVE DIRECTOR
Barbara Schlitt Ford provided an update regarding the Youth Guidance Mentoring and
Activities Program, what it provides, its goals, vision, mentoring opportunities, and fund raisers.
She thanked the County and Board for their support, and provided the website ircyouth.com for
anyone interested in participating.
5. G. ADDED: UPDATE FROM DIRECTOR OF EMERGENCY SERVICES JOHN
KING, REGARDING THE OIL SPILL IN THE GULF OF MEXICO
Emergency Services Director John King, using a PowerPoint presentation (on file),
informed the Board on the current situation of the oil spill, State and County actions, forecasted
conditions and locations, efforts in capturing leaking oil, and volunteer opportunities. He said
that further information is available at the Department of Environmental Protection's website,
www.dep.state.fl.us, and a new number of 1-888-337-3569, for quick and updated oil spill
information.
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May 18, 2010
6. APPROVAL OF MINUTES
6.A. PRELIMINARY BUDGET WORKSHOP APRIL 8, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 8, 2010. There were none.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
the Minutes of the Preliminary Budget Workshop of April
8, 2010, as written.
6.B. REGULAR MEETING OF APRIL 13, 2010, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 13, 2010. There were none.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of April 13, 2010, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. RESIGNATION OF FDOT DISTRICT 4 APPOINTEE TO THE TDLCB
Noted for the record was the vacancy of Tracy G. Dean, who resigned as the Florida
Department of Transportation's District 4 Appointee to the Indian River County Transportation
Disadvantaged Local Coordinating Board (TDLCB).
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May 18, 2010
7. B. CLAIM ON BID BOND FOR H&D CONSTRUCTION, NORTH WATER
TREATMENT PLANT RAW WATER TRANSMISSION SYSTEMS
8. CONSENT AGENDA
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES, APRIL 30, 2010 TO MAY 6, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of April 30, 2010 to May 6,
2010, as requested in the memorandum of May 6, 2010.
8.B. AWARD OF BID # 2010034, 58THAVENUEROADWAYMODIFICATIONS,
IRC PROJECT NO. 0550
Deleted
8.C. APPROVAL OF EXPENDITURES FOR THE INDIAN RIVER COUNTY PET
FRIENDLY SHELTER
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the expenditures in the amount of $8,654.00, for the Pet
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May 18, 2010
Friendly Shelter from the Community of Village Green
shelter enhancement funding, located at Liberty Magnet
School, as recommended in the memorandum of May 11,
2010.
8.D. APPROVAL OF RESOLUTION ADOPTING THE 2010 INDIAN RIVER COUNTY
EMERGENCY PLAN FOR HAZARDOUS MATERIALS
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2010-040, approving the Indian River County
Hazardous Materials Emergency Plan.
8.E. BID AWARD IRC #2010016 FOR FX SOFTWARE SERVICES —AMENDED
CONTRACT
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute the Amendment
to EDACS FX Agreement with M/A-COM, Inc. (formerly
Ericsson Inc.), reflecting a change of ownership, as
recommended in the memorandum of May 12, 2010.
Note: The wireless systems business of Tyco Electronics
(M/A-COM Inc.) was acquired by Harris Corporation on
May 29, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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May 18, 2010
8.F. OSLO ROAD IMPROVEMENTS PHASE II, BETWEEN 43RD AVENUE AND 27TH
AVENUE, CUMBERLAND FARMS — GEOSYNTEC CONSULTANTS, INC.,
WORK ORDER No. 27 - SITE ASSESSMENT, CLEAN UP AND CLOSURE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously:
(1) approved Work Order No. 27 (Engineering), with
Geosyntec Consultants, Inc.; (2) authorized the project as
outlined in the Scope of Services under Attachments A
and B; and (3) authorized the Chairman to execute the
Work Order for the not -to -exceed amount of $13,797.00,
as recommended in the memorandum of May 5, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. APPROVAL WORK ORDER No. 17 - BRIDGE DESIGN ASSOCIATES, INC.,
PEDESTRIAN BRIDGE — OLD DIXIE HIGHWAY SIDEWALK FROM 38TH LANE
TO 65TH STREET, IRC PROJECT No. 0845
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously:
(1) approved Work Order No. 17 (Engineering) with
Bridge Design Associates, Inc.; (2) authorized the project
as outlined in the Scope of Services; and (3) authorized
the Chairman to execute the Work Order for the lump sum
fee of $18,315.00, as recommended in the memorandum
of May 11, 2010.
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May 18, 2010
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S)
10.A.1. CONSIDERATION OF AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING TITLE
X, IMPACT FEES, OF THE CODE OF INDIAN RIVER COUNTY TO AMEND
CODE SECTION 1000.09 "PAYMENT", AND AMENDING CHAPTER 201,
COUNTY WATER AND SEWER SERVICES, OF THE CODE OF INDIAN RIVER
COUNTY, TO AMEND SECTION 201.09 "IMPACT FEES", TO ALLOW FOR
PAYMENT OF IMPACT FEES AT THE CERTIFICATION OF OCCUPANCY (CO)
(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, through a PowerPoint Presentation (on
file), recapped staff's Memorandum dated May 10, 2010. He conveyed that this proposed
Amendment would change the timing of collecting the Impact Fee and Capacity Charge
payments from Building Permit Issuance to Certificate of Occupancy (CO). He provided
background and analysis, spoke about issues relating to collecting Impact Fees at CO, water and
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May 18, 2010
sewer capacity charges, Municipality concerns, and the results of staff's Impact Fee Collection
survey. He recommended the Board not change the timing of Impact Fee collections.
A lengthy discussion ensued whereby the Board discussed payment and dispute issues,
administration issues, impact fee determinations, water and sewer Impact Fees, the collection of
Impact Fees and base facility charges, capacity, and the survey results.
The Chairman opened the Public Hearing.
Joseph Paladin, Black Swan Consulting, opposed the proposal, feeling this would
benefit out-of-town builders and developers, not small local developers.
John Higgs, 45 Wax Myrtle Way, provided reasons as to why he felt this proposal would
be unfair and impractical.
John Scurlock, 1656 70 Court, stressed the significance of water and sewer Impact
Fees, and urged the Board to support staff's recommendation to not change the timing of the
Impact Fee collection.
Carolyn Corum, Dolores Street, felt that due to the economic downturn, the Impact Fees
should be paid up front. She requested the Board not change the timing of Impact Fees.
Peter Robinson, 315 Greytwig Road, revealed that he had suggested moving the Impact
Fee to CO at the Economic Summit Meeting, believing that it would encourage businesses and
jobs to come to the County. He believed that if the Impact Fee was moved to CO, it would be
the builder's decision to pay early or later because it could sometimes be easier to pay at the end
of the project than at the beginning He encouraged the Board to take the risk, see if moving the
collection of Impact Fee payments to CO would work, and if it does not work, then change it
back to collection at Building Permit Issuance.
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May 18, 2010
Discussion followed.
Jay Cramer, 5035 Tradewinds Drive, conveyed his understanding of Impact Fees, and
wanted to know why the public should absorb the risk of Impact Fees and the market of
development. He did not support changing the collection of Impact Fees.
There being no other speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, under discussion,
to approve staff's recommendation.
The Board voiced their views and support to not change the timing of the Impact Fee
collection.
The Chairman CALLED THE QUESTION and the
Motion Carried unanimously. The Board approved to not
change the timing of Impact Fee collection from Building
Permit Issuance to Certificate of Occupancy (CO), as
recommended in the memorandum of May 10, 2010.
The Chairman called a break at 11:02 a.m. and reconvened the Meeting at 11:15 a.m.
with all members present.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING BUILDING
PERMITS
Deleted
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May 18, 2010
10.B.2. REQUEST TO SPEAK FROM JA CKI JA CKS0N, EARLY LEARNING
COALITION OF INDIAN RIVER, MARTIN AND OKEECHOBEE COUNTIES,
INC. REGARDING INFORMATION ABOUT CHILD CARE EXECUTIVE
PARTNERSHIP
Jacki Jackson, Early Learning Coalition, 10 SE Central Parkway, Suite 400, Stuart,
clarified that the Early Learning Coalition helps working -poor families with child care
assistance, and that most of their money comes from the State and Federal Government. She
provided childcare statistics, and read an excerpt from Florida Statute 411.01.02 which states the
purpose of the Childcare Executive Partnership Program and talks about incentives for matching
local funds. Since June 18th is the deadline, she asked the Board to consider providing local
funding next year.
NO BOARD ACTION REQUIRED OR TAKEN
10.B.3. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER
BRIAN HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS
REGARDING CITY OF VERO BEACH ELECTRIC UTILITY
Brian Heady provided the Board an update pertaining to the current developments with
the Vero Beach Electric Utility, his ongoing lawsuit, and his recent trip to Washington, D.C.
NO BOARD ACTION REQUIRED OR TAKEN
10. C. PUBLIC NOTICE ITEMS - NONE
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May 18, 2010
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A. 1. REQUEST BY STAFF FOR THE BOARD OF COUNTY COMMISSIONERS TO
EXTEND THE "OTHER CORRIDORS" LAND DEVELOPMENT REGULATION
COMPLIANCE DEADLINE FOR MODIFYING NON -CONFORMING FREE-
STANDING SIGNS (LDR SECTION 911.22(9)(1)1. V) AND INVOKE THE
PENDING ORDINANCE DOCTRINE
Community Planning Director Stan Boling recapped his Memorandum dated May 5,
2010, by using a PowerPoint Presentation (on file). He spoke about the corridors that were
adopted since 1995, corridor regulations, sign regulations and compliance, the deadline to
modify or enhance non -conforming free-standing signs, and property owners' compliance
choices. He requested the Board consider directing staff to initiate a formal Land Development
Regulation (LDR) Amendment for a two-year deadline extension, and invoke the pending
ordinance doctrine based on the Ordinance in the backup.
Discussion ensued regarding the two-year deadline, considering this an unfunded
mandate forced upon businesses to comply to new signage requirements, consideration of a
grandfather clause, and not placing the cost burden on struggling businesses.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Pending Ordinance Doctrine as amended, eliminating
Section 911.22(9)(i)1.v.
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May 18, 2010
12. B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES
12.F.1. INTERNATIONAL GOLF MAINTENANCE CONTRACT REVISION AND
EXTENSION
Bob Komarinetz, Sandridge Golf Course Director, requested the Board approve the
contract modification and extension with International Golf Maintenance (I.G.M.). He divulged
that through negotiations, I.G.M. agreed to reduce the current year contract price by $71,000.00,
the new contract price by $160,000.00, and continue the contract extension through September
30, 2015.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to accept staff's
recommendation.
A brief discussion ensued regarding provisions of the contract, and revenue sources
coming from golfers, not taxpayers.
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May 18, 2010
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board: (1) accepted the
current contract as modified; (2) accepted the contract
extension beginning October 1, 2010 through September
30, 2015; and (3) authorized the Chairman to execute the
Agreement with International Golf Maintenance, Inc., as
recommended in the memorandum of April 29, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
12.1. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES
12.J.1. WATER STUDY OF SCALING AND CORROSION CONSIDERATIONS AT
BOTH REVERSE OSMOSIS FACILITIES
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Director of Utility Services Erik Olson explained the water scaling process, corrosion
issues, and the balance that staff is attempting to achieve to alleviate any future problems.
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May 18, 2010
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board authorized Task
Order No. 1 with Carollo Engineers, for a Water Quality
Review and Evaluation, in the amount of $39,545.00, as
recommended in the memorandum of April 30, 2010.
TASK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. VISTA GARDENS GOLF COURSE — CODE ENFORCEMENT ALTERNATIVES
County Attorney Alan Polackwich, Sr. recapped his Memorandum dated May 12, 2010,
providing background from the April 20, 2010 Board of County Commission Meeting where the
Board authorized staff to abate a recurring nuisance on the Vista Gardens golf course property by
mowing the grass and weeds, and recording a lien for costs. He gave his analysis and advised
the Board on the code enforcement alternatives.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Wheeler, to approve
Alternative 2 - the less aggressive but also less expensive
approach of awaiting the outcome of the mediation in the
Vista Golf lawsuit against the Vista Associations to see if
a settlement results which eliminates the problem.
The Commissioners debated whether to add a 60 -day time limit to the mediation process
to allow for possible settlement, or to request an informational update in 60 days.
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May 18, 2010
Attorney Polackwich explained the details of how the current owner obtained the
property through a foreclosure sale; divulged the lien amounts due from violations, mowing, and
abatement; and agreed to order the title search and provide an informational update in 60 days.
Ray Batt, 36 Vista Gardens Trail, requested that when the contractor mows the property,
they do a "double pass".
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
Alternative 2 - the less aggressive but also less expensive
approach of awaiting the outcome of the mediation in the
Vista Golf lawsuit against the Vista Associations to see if
a settlement results, which would eliminate the problem,
as recommended in the memorandum of May 12, 2010.
13.B. MONROE COUNTY V. PRICELINE. COM, ET AL NOTICE OF PENDENCY OF
CLASS ACTION
Attorney Polackwich provided a detailed background of Monroe County's 2009 lawsuit
against Priceline.com and other internet companies that allegedly failed to pay the full amount of
tourist development taxes for booking hotel rooms. Monroe County has stated that the
companies have been paying the tourist development taxes based on the wholesale rate that
hotels are charging the companies for the room, not the full rate which the customers are paying.
He conveyed that the lawsuit has been certified as a Class Action on behalf of all Counties
within Florida (unless they opt out), and is scheduled for trial on July 19, 2010. He
recommended the County remain in the Class Action and not opt out, since the County could
benefit without cost or risk.
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May 18, 2010
Staff addressed Board questions pertaining to Class Action status, the benefits Monroe
County or outside counsel would gain if Indian River County remains in Class Action, and
tourist tax revenues and losses.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman O'Bryan, under discussion, to
approve staff's recommendation.
Discussion ensued regarding the services provided by the websites, whether the Board
should move forward, and the benefits of not opting out.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Commissioner Wheeler opposed), the Motion
carried. The Board approved to do nothing, which allows
the County to remain in the Class Action status, as
recommended in the memorandum of May 12, 2010.
13. C RESOL UTIONDELEGATING THE AUTHORITY TO THE COUNTY ATTORNEY
OR HIS DESIGNEE TO EITHER ATTEND IN PERSON OR APPOINT A
REPRESENTATIVE BY PROXY TO VOTE ON ANY MATTERS AT ANNUAL
MEETINGS OF ANY WATER CONTROL DISTRICTS WITHIN INDIAN RIVER
COUNTY WHERE INDIAN RIVER COUNTY AND/OR THE SOLID WASTE
DISPOSAL DISTRICT ISA LAND OWNER WITHIN THAT DISTRICT
Vice Chairman Solari felt it would be more appropriate that the Public Works
Department or the Utilities Depai anent address Water Control District matters, rather than the
Legal Department.
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May 18, 2010
Attorney Polackwich announced that his intent was to streamline the process, not attend
the Water Control District Meetings or retain this function. He suggested designating the County
Administrator or his designee to either attend the Annual Meetings in person, or appoint a
representative to vote on matters by Proxy.
Commissioner Davis believed it would be best for the delegations to go through the
Commission Office, and Commissioner Wheeler felt it best to go through either the County
Administrator or County Attorney.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2010-041, as amended, delegating the
authority to the County Attorney County Administrator or
his designee to either attend in person or appoint a
representative by Proxy to vote on any matter at Annual
Meetings of any Water Control Districts within Indian
River County where Indian River County and/or the Solid
Waste Disposal District is a land owner within that
District.
13. D. EMPLOYMENT CONTRACT POLICY
Attorney Polackwich recapped his Memorandum dated May 12, 2010, providing
background and analysis on the policy for contract employees. Presently there are five County
contract employees: County Administrator, Assistant County Administrator, County Attorney,
Deputy County Attorney, and Assistant County Attorney, and by Ordinance, the only one not
required to have a contract is the Assistant County Administrator. He said that according to
Code, the Board directly controls the contract terms of the County Administrator and the County
Attorney; therefore, he did not think a policy was necessary.
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May 18, 2010
With respect to the Deputy County Attorney and Assistant County Attorney, their new
contracts were approved on April 13, 2010, treating them like all other County employees,
except they can be terminated at will upon 30 days notice, without the progressive disciplinary
process, and if they are terminated without cause, they will receive severance based on one
month of salary for each completed two years of service, with a cap of four months salary for the
Deputy County Attorney, and three months salary for the Assistant County Attorney.
With respect to the Assistant County Administrator, the existing individual has a contract
that runs through February 2011, follows the template of the Deputy and the Assistant County
Attorneys, provides for termination at will upon 30 days notice, receives severance based on one
month of salary for each one year served up to six months, and pays in full upon termination for
unused vacation and sick time.
Discussion ensued among the Board regarding the need for certain contracts, termination,
grandfathering, parity, criteria as to who should have a contract with the County, why certain
contracts came into existence, employee property rights, and fairness.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, that at the time
of contract renewal, the Assistant County Administrator
be offered the same contract that was approved for the
Deputy County Attorney.
Commissioner Wheeler said he would support the Motion if this would end contracts.
Joseph Paladin, Black Swan Consulting, felt that if the contracts were negotiated and the
individual accepted the position based on the contract negotiation and what was offered, then
consideration should be given for both the Assistant County Administrator and the Deputy
County Attorney.
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May 18, 2010
The Chairman CALLED THE QUESTION and by a 4-1
vote (Commissioner Wheeler opposed), the Motion
carried.
There was a brief discussion regarding Attorney Polackwich's recommendation that
future hires have a contract, be terminated at will with a 60 -day notice, and receive no
accumulation of severance benefits.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to approve that
in the future, Deputy or Assistant County Attorneys shall
be treated as other County employees, except they can be
terminated at will upon 60 days notice and will not be
entitled to severance benefits.
There was a brief discussion regarding the number of days notice could be given to an
employee for termination.
Chairman O'Bryan confirmed with the Attorney that in the future, this will include new
hires, not annual renewals of existing employees.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
there be no policy for the County Administrator or the
County Attorney because both are hired directly by the
Board, which controls negotiations and contract terms.
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May 18, 2010
There was a brief discussion as to whether future Assistant County Administrators should
be under contract.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Flescher, that in the
future, Assistant County Administrators shall be treated as
other County employees, except that they can be
terminated at will upon 60 days notice and will not be
entitled to severance benefits, and that the County
Administrator has no authority to offer individuals below
the position of Assistant County Administrator a contract
without Board approval.
Commissioners Davis and O'Bryan emphasized that this would allow parity among the
Deputy County Attorney, Assistant County Administrator, and Assistant County Attorney for
future hires.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN
14.A.1. A DISCUSSION ON THE RECOMMENDATIONS FOR DISSOLVING AND
SUNSETTING ADVISORY COMMITTEES
Chairman O'Bryan requested the Board's consideration in providing the Advisory
Committees guidance as to what information the Board is seeking before they are sunsetted, and
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May 18, 2010
whether they should ask committee members if they would be recommending individuals to fill
certain positions.
Vice Chairman Solari felt this was premature and that it presumes the committees will be
needed. He reminded the Board that direction to staff was to take the wrap-up session and
articulation of unmet needs, then determine what committee(s) would address those needs.
Debate and discussion ensued regarding Chairman O'Bryan's request to distribute
guidance to the committees as a suggested framework.
Bill Glynn, 1802 East Barefoot Place, felt committees help to keep an open government,
believed that various committees provide a security blanket, and asked the Board to consider
keeping the North Barrier Island Corridor Ongoing Review Committee in place.
Peter Robinson, Development Appointee to the Professional Services Advisory
Committee, described the purpose of his committee and encouraged the Board to retain it. He
did not believe the County would save money by sunsetting committees.
ON MOTION by Chairman O'Bryan, SECONDED by
Commissioner Davis, by a 4-1 vote (Vice Chairman Solari
opposed), the Board approved submitting guidance to the
Advisory Committees as a suggested framework.
14.A.2. COUNTY'S "SUSTAINABLE EDUCATION CENTER"
Chairman O'Bryan requested the Board consider designating the Environmental Learning
Center's (ELC) Discovery Station and Classroom as the County's "Sustainable Education
Center". He felt this process would show that our County is committed to a sustainable culture,
and hoped that it might help the ELC to receive grants.
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May 18, 2010
15.B.1. WASTE MANAGEMENT'S REQUEST FOR A TIME EXTENSION ON
SUBMITTAL OF 2009 CERTIFIED FINANCIAL REPORT
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
1:26 p.m.
ATTEST:
.17/) Cit23
136"
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: JUL 0 6 2010
BCC/LA/2010 Minutes
May 18, 2010
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