HomeMy WebLinkAbout06/01/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 1, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
Add: Item 5.E. Presentation by David King Regarding INEOS New Planet
BioEnergy 2
Add: Item 10.B.4 Request to Speak from Al Benkert Regarding Shark Fishing 2
Delete: Item 8.P. Approval of Revised Addendum to the Memorandum of
Understanding between Address N' Mail, Inc., and Indian River County
to Have County Mail Pre -Sorted and Transported to Orlando in
Exchange for Reduced Postage Charges 2
Move: Item 13.C. County Attorney Matters — Fellsmere Code Enforcement
Proceedings — 2010 Charges, to a Time Certain of 10:30 A.M. 2
5. PROCLAMATIONS AND PRESENTATIONS 3
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June 1, 2010
5.A. PRESENTATION OF PROCLAMATION HONORING GORDON MURPHY ON HIS
RETIREMENT FROM THE PROPERTY APPRAISER'S OFFICE OF INDIAN RIVER
COUNTY 3
5.B. PRESENTATION OF PROCLAMATION HONORING GLEN HESSLER ON HIS
RETIREMENT FROM THE PROPERTY APPRAISER'S OFFICE OF INDIAN RIVER
COUNTY 3
5.C. PRESENTATION BY HIMANSHU H. MEHTA, P.E., MANAGING DIRECTOR, SOLID
WASTE DISPOSAL DISTRICT, PUBLIC ANNOUNCEMENT FOR HURRICANE
PREPAREDNESS 3
5.D. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING, REGARDING
THE OIL SPILL IN THE GULF OF MEXICO 4
5.E. ADDITION: PRESENTATION BY DAVID KING REGARDING INEOS NEW PLANET
BIOENERGY 4
6. APPROVAL OF MINUTES -NONE 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. CONTRACT EMPLOYEE POLICY 5
7.B. SHARK BAITING OR CHUMMING 5
7.C. UPDATE ON NEGOTIATIONS FOR GRAVES BROTHERS DEVELOPER AGREEMENT —
C.R. 510 / U.S. HIGHWAY 1 INTERSECTION 5
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES, MAY 7, 2010 TO MAY 13, 2010 5
8.B. APPROVAL OF WARRANTS AND WIRES, MAY 14, 2010 TO MAY 20, 2010 6
8.C. TERMINATION OF COVENANT DEFERRING SIDEWALK DEVELOPMENT FOR
WESTFIELD SUBDIVISION 6
8.D. RESOLUTION DESIGNATING THE DISCOVERY STATION AND CLASSROOM AS
INDIAN RIVER COUNTY'S SUSTAINABLE EDUCATION CENTER 6
8.E. FEDERAL FISCAL YEAR 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION 7
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June 1, 2010
8.F. REQUEST FOR AUTHORIZATION OF INCUMBENT ACKNOWLEDGEMENT FOR
LEGAL COUNSEL REGARDING 800MHz REBANDING PROJECT 7
8.G. SHELL LANE EAST GRAVITY SEWER ASSESSMENT PROJECT, UCP No. 4039,
APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND RELEASE OF RETAINAGE,
W.I.P. No. 473-169000-10501, BID NUMBER 2010023 8
8.H. APPROVAL OF APPLICATION FOR WETLAND DEVELOPMENT GRANT 8
8.1. 82ND STREET/LATERAL 5A CANAL, FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) PROPERTY ACQUISITION, SPECIFIC PURPOSE OF
PROPERTY RESOLUTION 9
8.J. DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE
MOORINGS CLUB, GRANT OF EASEMENT AND REQUEST FOR COUNTY COST
SHARE PAYMENT FOR CONSTRUCTION OF HARBOUR DRIVE SIDEWALK 9
8.K. RESOLUTION AUTHORIZING SIGNATURE AUTHORITY TO THE PUBLIC WORKS
DIRECTOR OR COUNTY ENGINEER FOR LOCAL AGENCY PROGRAM AGREEMENTS
(LAPS), JOINT PARTICIPATION AGREEMENTS (JPAS), AND LOCALLY FUNDED
AGREEMENTS (LFAS) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) 10
8.L. F.D.O.T. LOCAL AGENCY PROGRAM (LAP) AGREEMENT - FPN No. 420339-1-
58-01 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE, 8TH
STREET SIDEWALK EAST OF USI TO 6TH AVENUE, IRC PROJECT NO. 0744 10
8.M. APPROVAL OF WORK ORDER NO. 18 (ENGINEERING) WITH BRIDGE DESIGN
ASSOCIATES, INC., OLD DIXIE HIGHWAY SIDEWALK FROM 38TH LANE TO 65TH
STREET, IRC PROJECT No. 0845 11
8.N. AWARD OF BID # 2010034, 58TH AVENUE ROADWAY MODIFICATIONS, IRC
PROJECT NO. 0550 11
8.0. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT (4TH TO 12TH STREET),
OWNER: RAYMOND NADEAU 12
8.P. APPROVAL OF REVISED ADDENDUM TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN ADDRESS N' MAIL, INC., AND INDIAN RIVER
COUNTY TO HAVE COUNTY MAIL PRE-SORTED AND TRANSPORTED TO
ORLANDO IN EXCHANGE FOR REDUCED POSTAGE CHARGES 12
8.Q. TOURIST DEVELOPMENT COUNCIL 2010/2011 BUDGET RECOMMENDATIONS 12
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June 1, 2010
8.R. AWARD OF BID # 2010019, 8TH STREET SIDEWALK IMPROVEMENTS FROM 18TH
COURT TO OLD DIXIE HIGHWAY, IRC PROJECT NO. 0455 13
8.S. SUPPLEMENT NO. 4 TO WORK ORDER NO. 1 WITH CARTER ASSOCIATES, INC.,
PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT, INDIAN RIVER
COUNTY PARKS MAINTENANCE COMPLEX, IRC PROJECT NO. 0701 13
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 14
9.A. DAVID C. NOLTE, INDIAN RIVER COUNTY PROPERTY APPRAISER 14
BUDGETS 14
10. PUBLIC ITEMS 14
10.A. PUBLIC HEARINGS -NONE 14
10.B. PUBLIC DISCUSSION ITEMS 14
10.B. 1 . REQUEST TO SPEAK FROM FRANK L. ZORC REGARDING FUTURE BEACH SAND
RENOURISHMENT USING TAX DOLLARS 14
10.B.2. REQUEST TO SPEAK FROM JOE T. WIGGINS REGARDING SIDEWALK ON 11TH
STREET, S.W. 15
10.B.3. REQUEST TO SPEAK FROM DR. STEPHEN FAHERTY & GLENN HERAN, CPA,
REGARDING WATER, IRRIGATION, SEWER, & REUSE (WISR) ISSUES 15
10.B.4 ADD: REQUEST TO SPEAK FROM AL BENKERT REGARDING SHARK FISHING 19
10.C. PUBLIC NOTICE ITEMS 21
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 8, 2010: 21
LAZY J. LLC AND HENRY S. BUSSEY TRUSTEE'S REQUEST FOR A SMALL SCALE
COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT TO REDESIGNATE
±1.05 ACRES LOCATED AT THE SOUTHWEST CORNER OF OLD DIXIE HIGHWAY
AND 10TH LANE FROM L-2 TO C/I; AND TO REZONE THOSE ±1.05 ACRES FROM
RM -6 TO CL (LEGISLATIVE) 21
11. COUNTY ADMINISTRATOR MATTERS -NONE 21
12. DEPARTMENTAL MATTERS 21
12.A. COMMUNITY DEVELOPMENT -NONE 21
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June 1, 2010
12.B. EMERGENCY SERVICES -NONE 22
12.C. GENERAL SERVICES -NONE 22
12.D. HUMAN RESOURCES -NONE 22
12.E. HUMAN SERVICES -NONE 22
12.F. LEISURE SERVICES -NONE 22
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 22
12.H. RECREATION -NONE 22
12.I. PUBLIC WORKS -NONE 22
12.J. UTILITIES SERVICES 22
12.J.1. WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION FROM 2 MGD
TO 6 MGD - CHANGE ORDER 5, FINAL PAY AND RELEASE OF RETAINAGE -
UCP -2621 22
12.J.2. AMENDMENT NUMBER 2 TO CONTINUING CONSULTING SERVICES WORK ORDER
NO. 12 WITH MASTELLER & MOLER, INC. FOR ENGINEERING SERVICES -
NORTH COUNTY REUSE STORAGE TANK - UCP -2747 23
13. COUNTY ATTORNEY MATTERS 23
13.A. CONSIDERATION OF S.C.A.L.E. REPORT FOR 66TH AVENUE, 4TH STREET TO
STATE ROAD 60 23
13.B. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION ORDINANCE 24
13.C. FELLSMERE CODE ENFORCEMENT PROCEEDINGS - 2010 CHARGES 26
14. COMMISSIONER ITEMS 28
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 28
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN 28
14.B.1. PAIN CLINICS 28
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 31
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 31
14.E. COMMISSIONER GARY C. WHEELER -NONE 31
15. SPECIAL DISTRICTS AND BOARDS 32
15.A. EMERGENCY SERVICES DISTRICT -NONE 32
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June 1, 2010
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 32
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 32
16. ADJOURNMENT 32
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June 1, 2010
JEFFREY K. BARTON
Clerk to the Board
June 1, 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, June 1, 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
Planning Director Stan Boling delivered the Invocation.
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June 1, 2010
3. PLEDGE OF ALLEGIANCE
County Attorney Alan S. Polackwich, Sr., led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to today's Agenda:
ADD: ITEM S.E. PRESENTATION BY DAVID KING REGARDING INEOS
NEW PLANET BIOENERGY
ADD: ITEM 10.B.4 REQUEST TO SPEAK FROM AL BENKERT REGARDING
SHARK FISHING
DELETE: ITEM 8.P. APPROVAL OF REVISED ADDENDUM TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN ADDRESS N' MAIL, INC.,
AND INDIAN RIVER COUNTY TO HAVE COUNTY MAIL PRE-SORTED AND
TRANSPORTED TO ORLANDO IN EXCHANGE FOR REDUCED POSTAGE
CHARGES
MOVE: ITEM 13. C COUNTY ATTORNEY MATTERS — FELLSMERE CODE
ENFORCEMENT PROCEEDINGS — 2010 CHARGES, TO A TIME CERTAIN OF
10:30 A.M.
June 1, 2010
2
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION HONORING GORDON MURPHY ON
HIS RETIREMENT FROM THE PROPERTY APPRAISER'S OFFICE OF INDIAN
RIVER COUNTY
Commissioner Wheeler read and presented the Proclamation to Gordon Murphy.
5.B. PRESENTATION OF PROCLAMATION HONORING GLENHESSLER ON HIS
RETIREMENT FROM THE PROPERTY APPRAISER'S OFFICE OF INDIAN
RIVER COUNTY
Commissioner Davis read and presented the Proclamation to Glen Hessler.
5.C. PRESENTATION BYHIMANSHU H. MEHTA, P.E., MANAGING DIRECTOR,
SOLID WASTE DISPOSAL DISTRICT, PUBLIC ANNOUNCEMENT FOR
HURRICANE PREPAREDNESS
Himanshu Mehta, P.E., Managing Director of the Solid Waste Disposal District (SWDD),
noting that June 1St was the beginning of hurricane season, provided an overview of measures
which homeowners should take prior to a storm, and reminded citizens to have their hurricane
preparedness kits ready. He invited everyone to attend the 2010 Hurricane Exposition at Indian
River Mall on Saturday, June 5, 2010, from 10 a.m. to 3 p.m.
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June 1, 2010
S.D. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING,
REGARDING THE OIL SPILL IN THE GULF OF MEXICO
Emergency Services Director John King presented a PowerPoint (on file) to update the
Board on Deepwater Horizon. He described the estimated scope of the spill, containment
measures being taken by authorities, and possible impacts on hurricane season. He conveyed
that staff is planning for the possibility that the spill will spread to Florida's east coast, but
currently people are still being encouraged to use Florida beaches. Director King announced that
updated information will be posted at the County's webpage, www.ircgov.com. Information is
also available at the Department of Environmental Protection's website,
www.dep.state.fl.us/deepwaterhorizon/, and volunteer information can be found at
www.VolunteerFlorida.org or British Petroleum's (BP)'s community information line at 866-
448-5816.
S.E. ADDITION: PRESENTATION BY DAVID KING REGARDING INEOS NEW
PLANET BIOENERGY
David King, President, INEOS New Planet BioEnergy, showed a video and used a
PowerPoint Presentation (on file) to provide background and a detailed status report of the new
BioEnergy Plant which INEOS New Planet BioEnergy plans to construct at the former Ocean
Spray site. He explained the biofuel process for converting vegetative waste (biomass) into
bioethanol, and conveyed how beneficial the project will be for the environment, as well as for
the County.
6. APPROVAL OF MINUTES -NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
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June 1, 2010
7.A. CONTRACT EMPLOYEE POLICY
7.B. SHARK BAITING OR CHUMMING
7.C. UPDATE ON NEGOTIATIONS FOR GRAVES BROTHERS DEVELOPER
AGREEMENT- C.R. 510 / U.S. HIGHWAY 1 INTERSECTION
8. CONSENT AGENDA
Chairman O'Bryan requested Item 8.Q. Tourist Development Council 2010/2011 Budget
Recommendations be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES, MAY 7, 2010 TO MAY 13, 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 May 7, 2010 to May 13, 2010
as requested in the memorandum of May 13, 2010.
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June 1, 2010
8.B. APPROVAL OF WARRANTS AND WIRES, MAY 14, 2010 TO MAY 20, 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 May 14, 2010 to May 20,
2010, as requested in the memorandum of May 20, 2010.
8.C. TERMINATION OF COVENANT DEFERRING SIDEWALK DEVELOPMENT FOR
WESTFIELD SUBDIVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Chairman to execute the Termination of
Covenant Deferring Sidewalk Development with
Westfield of Vero Development Company II, LLC, for
recording in the Public Records of Indian River County,
Florida, as recommended in the memorandum of May 14,
2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. RESOL UTIONDESIGNATING THE DISCO VERY STATION AND CLASSROOM
AS INDIAN RIVER COUNTY'S SUSTAINABLE EDUCATION CENTER
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-042, designating the Discovery Station
and Classroom at the Environmental Learning Center as
the County's "Sustainable Education Center."
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June 1, 2010
8.E. FEDERAL FISCAL YEAR 2010 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
accepted the invitation to serve as the coordinating unit of
government in the Florida Department of Law
Enforcement (FDLE) Edward Byrne Memorial Justice
Assistance Grant (JAG) Program; (2) authorized the
Chairman to execute the Certificate of Participation
naming Jason E. Brown, Director, Management & Budget,
as the contact person; (3) accepted the total amount of the
grant, which is $117,686; and (4) directed the Substance
Abuse Council Advisory Board to recommend a
distribution of these funds among local applications, as
recommended in the memorandum of May 21, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. REQUEST FOR AUTHORIZATION OF INCUMBENT ACKNOWLEDGEMENT FOR
LEGAL COUNSEL REGARDING 800MHz REBANDING PROJECT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Incumbent Acknowledgment Request and authorized
that goods and services identified on the invoice have been
performed by Shulman, Rogers, Gandal, Pordy, & Ecker,
P.A., for services provided to Sprint Nextel (a.k.a. Nextel
South Corporation) as recommended in the memorandum
of May 17, 2010.
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June 1, 2010
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. SHELL LANE EAST GRAVITY SEWER ASSESSMENT PROJECT, UCP No.
4039, APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND RELEASE OF
RETAINAGE, W.I.P. No. 473-169000-10501, BID NUMBER 2010023
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the total project construction cost of $41,511.00 and the
Application for Payment No. 2 — Final as final payment to
the Contractor, R.K. Contractors, Inc., in the amount of
$2,075.55, as presented and recommended in the
memorandum of May 18, 2010.
8.H. APPROVAL OF APPLICATION FOR WETLAND DEVELOPMENT GRANT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the application for the Environmental Protection Agency
(EPA) Grant under the Region 4 Wetlands Development
Program (for partial funding for the Spoonbill Marsh
Project). Once the application has been completed, the
application will be submitted for the Board's approval and
the Chairman's execution, prior to submittal to the United
States Environmental Protection Agency (USEPA), all as
stated and recommended in the memorandum of May 12,
2010.
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June 1, 2010
8.1. 82\D STREET/LATERAL 5A CANAL, FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) PROPERTYACQUISITION2 SPECIFIC PURPOSE
OF PROPERTY RESOLUTION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-043, authorizing the Chairman to request
the Florida Department of Transportation ("FDOT") to
convey surplus property to Indian River County
("County") to be utilized for the public purpose of
providing drainage and improving 82nd Street, such
property being identified in the legal description and
sketch attached to this Resolution labeled as Exhibit "A";
providing an effective date; and for other purposes.
8.J. DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE
MOORINGS CLUB, GRANT OF EASEMENT AND REQUEST FOR COUNTY
COST SHARE PAYMENT FOR CONSTRUCTION OF HARBOUR DRIVE
SIDEWALK
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved and authorized the Chairman to execute the
Developer's Agreement and Grant of Easement with the
Moorings Club, Inc.; and (2) authorized payment of the
Moorings Club, Inc. invoice in the amount of $14,321.93,
as recommended in the memorandum of May 19, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 1, 2010
8.K RESOL UTIONAUTHORIZING SIGNATURE AUTHORITY TO THE PUBLIC
WORKS DIRECTOR OR COUNTY ENGINEER FOR LOCAL AGENCY PROGRAM
AGREEMENTS (LAPS), JOINT PARTICIPATION AGREEMENTS (JPAs), AND
LOCALLY FUNDED AGREEMENTS (LFAs) WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-044, authorizing the Board to delegate
specific signature authority to the Indian River County
Public Works Director or the County Engineer for the
request for extension of any Local Agency Program
Agreements (LAPS), Joint Participation Agreements
(JPAS), and Locally Funded Agreements (LFAS) with the
Florida Department of Transportation (FDOT).
8.L. F.D.O. T. LOCAL AGENCY PROGRAM (LAP) AGREEMENT — FPNNo.
420339-1-58-01 AND RESOL UTIONAUTHORIZING THE CHAIRMAN'S
SIGNATURE, 8TH STREET SIDEWALK EAST OF USI TO 6111 AVENUE, IRC
PROJECT No. 0744
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute: (1) the Local
Agency Program (LAP) Agreement with the State of
Florida Department of Transportation (FDOT); and (2)
Resolution 2010-045, authorizing execution of a Local
Agency Program Agreement for the sidewalk construction
on 8th Street East of US 1 to 6th Avenue, with the State of
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June 1, 2010
Florida, Department of Transportation, and providing for
an effective date.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. APPROVAL OF WORK ORDER No. 18 (ENGINEERING) WITH BRIDGE
DESIGN ASSOCIATES, INC., OLD DIXIE HIGHWAY SIDEWALK FROM 38TH
LANE TO 65TH STREET, IRC PROJECTNo. 0845
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute Work Order No.
18 (Engineering) with Bridge Design Associates, Inc.,
authorizing IRC Project No. 0845, as outlined in the
Scope of Services, for the lump sum fee of $10,495.00, as
recommended in the memorandum of May 21, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. AWARD OF BID # 2010034, 58TH AVENUE ROADWAY MODIFICATIONS,
IRC PROJECT No. 0550
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the contract be awarded to SPS Contracting Inc., Vero
Beach, Florida; in the amount of $295,727.85, as
recommended in the memorandum of May 18, 2010.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 1, 2010
8.0. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT (4TH TO 12TH
STREET), OWNER: RAYMOND NADEAU
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the purchase of the needed right-of-way and storm water
drainage easement at a price of $230, and authorized the
Chairman to execute the Purchase and Sale Agreement
with Raymond Nadeau, as recommended m the
memorandum of May 17, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.P. APPROVAL OF REVISED ADDENDUM TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN ADDRESS N' MAIL, INC., AND INDIAN RIVER
COUNTY TO HAVE COUNTY MAIL PRE-SORTED AND TRANSPORTED TO
ORLANDO IN EXCHANGE FOR REDUCED POSTAGE CHARGES
Deleted
8.0. TOURIST DEVELOPMENT COUNCIL 2010/2011 BUDGET
RECOMMENDATIONS
Chairman O'Bryan explained that normally, the Indian River and Sebastian Chambers of
Commerce are eligible for a combined allocation of up to 70% of the available Tourist Tax
revenues. He acknowledged the two Chambers for coming in below the allocation amount,
allowing more projects to be partially or fully funded.
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June 1, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the funding amounts recommended by the Tourist
Development Council, as recommended in the
memorandum of May 21, 2010.
8.R. A WARD OF BID # 2010019, 8TH STREET SIDEWALK IMPROVEMENTS FROM
18TH COURT TO OLD DIXIE HIGHWAY, IRC PROJECT NO. 0455
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
awarding the contract to SPS Contracting Inc., Vero
Beach, Florida; in the amount of $61,900.80, as
recommended in the memorandum of May 21, 2010.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. SUPPLEMENT No. 4 TO WORK ORDER No. 1 WITH CARTER ASSOCIATES,
INC., PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT,
INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX, IRC PROJECT
No. 0701
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute Supplement No.
4, in the amount of $2,675.00, to Carter Associates, Inc.,
as outlined in the Scope of Services (Exhibit A), as
recommended in the memorandum of May 14, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 1, 2010
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DAVID C. NOLTE, INDIAN RIVER COUNTY PROPERTY APPRAISER
BUDGETS
Property Appraiser David Nolte reported that the Property Appraiser's budget has been
reduced by 8.7%, which he hoped was in line with the 10% budget cut requested by the Board.
He outlined some of the cost -savings strategies that the Property Appraiser's office would be
implementing to accomplish the budget cut, and conveyed that total personnel services were
$2,682,000; total operating expenses, $297,780; and capital outlay funds, $6,000. He announced
that the estimated tax roll for the General Fund was around $14,240,000,000.00, with a 20%
reduction in the total value of the tax roll, and a 9% decrease in taxable values.
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS -NONE
10. B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM FRANK L. ZORC REGARDING FUTURE
BEACH SAND RENOURISHMENT USING TAX DOLLARS
Frank Zorc, 1695 20th Avenue, wanted to ascertain whether the Commissioners would
support a voter referendum to see whether the majority of citizens were in favor of spending tax
dollars on future beach renourishment projects. He provided an informational packet to the
Board, and explained that he would be returning to address the Board on this matter after the
Commissioners had reviewed the material.
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June 1, 2010
10. B.2. REQUEST TO SPEAK FROM JOE T. WIGGINS REGARDING SIDEWALK ON
11TH STREET, S. W.
Mr. Wiggins was not present.
10.B.3. REQUEST TO SPEAK FROM DR. STEPHEN FAHERTY & GLENN RERAN,
CPA, REGARDING WATER, IRRIGATION, SEWER, & REUSE (WISR)
ISSUES
Dr. Stephen Faherty, 2120 Captains Walk, through a PowerPoint presentation (on file),
began the Water, Irrigation, Sewer, and Reuse (WISR) update by advising the Board of the
following occurrences: (1) the Town of Indian River Shores has withdrawn from the Consultants
Competitive Negotiation Act Committee (CCNA) with the City of Vero Beach, the Shores, and
the County; (2) Chairman O'Bryan would attend a meeting with FPL on June 3, 2010; and (3)
the City of Vero Beach has proposed eliminating rate increases for 2010-2014, which appears to
be a contradiction in view of the City's debt and the eventuality of losing the County utility
customers. He highlighted the disparities between residential utility rates for customers within
and outside of the City Limits.
Continuing the PowerPoint, Glenn Heran, 6985 67th Street, provided data and analysis
pertaining to the savings that County customers would experience on their water, sewer,
irrigation and electric bills, if they got off the City grid. He also briefed the Board on the
financial predicament that would befall the City of Vero Beach, should it lose its County utility
customers. Mr. Heran presented the following suggestions to the Board: (1) withdraw from the
CCNA Committee; (2) have the County Attorney provide a legal opinion as to ownership of the
water and sewer infrastructure in the County areas serviced by the City; (3) have the Utility
Department identify alternatives and costs associated with acquiring infrastructure; and (4)
provide the City of Vero Beach with notice, if the County intends not to renew the franchise
agreement.
15
June 1, 2010
(Clerk's Note: At this time, the Chairman interjected that Jason Nunemaker and Warren
Dill, the City of Fellsmere's Manager and Attorney, respectively, wished to speak during County
Attorney Matters Item 13. C. Fellsmere Code Enforcement Proceedings -2010 Charges. He stated
that after the impending break, the meeting would resume with Item 13.C., and then revert back
to the current matter).
The Chairman called a break at 10:30 a.m. and reconvened the meeting at 10:41 a.m.,
with all members present.
(Clerk's Note: This discussion resumed after Item 13. C. was heard and is placed here for
continuity).
Commissioner Flescher agreed with Mr. Heran that the County should withdraw from the
CCNA Committee. He remarked that staff, rather than a consultant, should evaluate the costs for
the infrastructure, and noted that Indian River Shores would be making its own determination on
the best utility service provider for their town.
Erik Olson, Director of Utilities, noted that staff has already looked at the infrastructure
data, but would like to work with Administrator Joseph Baird, Management and Budget Director
Jason Brown, Dr. Faherty, and Mr. Heran to refine it further.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman O'Bryan, for discussion, for
the County to withdraw from the Consultants Competitive
Negotiation Act Committee (CCNA) with the City of
Vero Beach.
Commissioner Davis agreed with Commissioner Flescher that Indian River Shores would
be making the decision as to their service provider. He was concerned about finding out who
owns the infrastructure on the South Barrier Island, and what the costs would be for serving
16
June 1, 2010
those residents. He wished to have the County Attorney provide an opinion on the County's
legal standing.
Vice Chairman Solari observed that the County should not interfere with the franchise
agreement between Indian River Shores and the City of Vero Beach; but the County would
respond if the Shores issues a Request For Proposal (RFP). He remarked on future rising costs
for the Vero Beach Utility, and noted the greater expense would have to be borne by a smaller
customer base. He advocated having the Utilities Department provide several presentations, and
disseminating as much information as possible.
Chairman O'Bryan stated that it would be premature for staff to come up with figures to
provide services to Indian River Shores, prior to their issuance of an RFP. He observed that it
might make sense to see if the City wants to continue working with the County through the
Committee process for the South Barrier Island, and withdrew his SECOND to the Motion to
withdraw from the CCNA Committee.
The MOTION DIED for lack of a Second.
Commissioner Wheeler discussed the importance of maintaining cooperation between the
County and the City. He affirmed that the main focus of the County should be on the costs for
the infrastructure and any additions to it.
Chairman O'Bryan observed that the first step would be to look at the franchise
agreement with the City of Vero Beach, primarily for the South Barrier Island, and get a legal
opinion on ownership of the infrastructure.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct staff to
make a determination on the County's legal standing with
relation to the Franchise Agreement with the City of Vero
17
June 1, 2010
Beach, including a legal determination regarding
ownership of the infrastructure on the South Barrier
Island.
Discussion ensued on the importance of establishing the true value, as well as the
ownership, of the infrastructure.
Vice Chairman Solari believed that the costs for the infrastructure for the South Beach,
even in the worst case scenario, would be less than the costs paid by the County to the City of
Vero Beach for utility services. He affirmed the Board's desire to take care of the County
customers.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed staff to
make a determination on the County's legal standing with
relation to the Franchise Agreement with the City of Vero
Beach, including a legal determination regarding
ownership of the infrastructure on the South Barrier
Island.
Director Olson, who wanted to exchange information with Administrator Baird and
Director Brown, advised that staff would be restricted in its communications as long as the
County remained on the CCNA Committee.
Administrator Baird suggested that the Board re-establish Commissioner Flescher's
earlier Motion to withdraw from the CCNA Committee so staff can exchange information, and
Chairman O'Bryan confirmed that this was the desire of the Commissioners.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Solari, the Board unanimously
18
June 1, 2010
approved the County's withdrawal from the Consultants
Competitive Negotiation Act Committee (CCNA) with the
City of Vero Beach.
Dr. Faherty expressed the desire of the South Beach residents to receive utility services
from the County.
Vince DeTurris, 595 Reef Road, representing the South Beach Board of Directors, urged
the County to provide future utility services to the South Beach residents.
I0. B.4. ADD: REQUEST TO SPEAK FROM AL BENKERT REGARDING SHARK
FISHING
Al Benkert, 726 Silver Shores Road, Vero Beach, FL 32963, President of the Oceanside
Business Association, addressed the Board with his request for the County to develop an
Ordinance regulating the practice of shark fishing, baiting, and chumming, from the beaches.
He related that Vero Beach is being promoted on the internet as a prime spot for boatless shark
fishing from the shoreline. He read portions of an Ordinance (on file), developed by Volusia
County, which regulates fishing and shark fishing, and asked Commissioners if they saw a
downside to drafting a similar Ordinance.
Commissioner Flescher believed that an Ordinance would give the County a tool to
mitigate any dangerous situations and keep the anglers away from bathers and swimmers. He
noted that the intention of the Ordinance would not be to eliminate shark fishing.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Wheeler, to direct the
County Attorney to review Volusia County's Ordinance,
and to draft a proposed Ordinance regulating shark fishing
19
June 1, 2010
activities in close proximity to swimming activities in
Indian River County.
Commissioner Davis voiced opposition to the proposed Ordinance. He stated that
currently, there were already rules restricting fishing at the guarded beaches, the County's
Ordinance would have no effect on the City's beaches, and the best option would be for the State
to develop a policy regarding this matter.
Attorney Polackwich provided a legal opinion to the Board, conveying the State's
preemption regulations on salt water fishing, problems he perceives with Volusia County's
Ordinance, and the necessity to create a legally defensible Ordinance
Vice Chairman Solari did not want to penalize the 99% of law abiding citizens for the
thoughtless actions of a few, and declared that the County could not provide a protective
envelope over all of the activities of its citizens.
Commissioner Wheeler, citing personal experiences as an angler, was not convinced that
shark fishing poses a danger to the public, but acknowledged that it definitely creates that
perception. He supported the Ordinance because it will not prohibit shark fishing, but will allow
an officer or lifeguard to regulate unsafe situations.
Sheriff Deryl Loar provided input regarding enforcement of the proposed Ordinance.
Doug Distl, representing Carlton Properties, urged the Board to address this situation,
and declared that the County would not wish to be known as the "Shark Fishing Capital" of
Florida.
Chairman O'Bryan, while acknowledging the State preemption issues and the need for
the State to examine this issue, supported directing the County Attorney to review the Ordinance
to see if it would be legally defensible.
20
June 1, 2010
Further discussion occurred on the State preemption issue.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners Solari and Davis opposed), the
Motion carried. The Board directed the County Attorney
to review Volusia County's Ordinance, and to draft a
proposed Ordinance regulating shark fishing activities in
close proximity to swimming activities in Indian River
County.
The Chairman called a break at 12:16 p.m. and reconvened the meeting at 12:25 p.m.,
with all members present.
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING .JUNE 8, 2010:
LAZY J. LLC AND HENRYS. BUSSEY TRUSTEE'S REQUEST FOR A SMALL
SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT TO
REDESIGNATE f1.05 ACRES LOCATED AT THE SOUTHWEST CORNER OF
OLD DIXIE HIGHWAY AND 10TH LANE FROM L-2 TO C/I; AND TO REZONE
THOSE +1.05 ACRES FROM RM -6 TO CL (LEGISLATIVE)
Attorney Polackwich read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
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June 1, 2010
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.1). HUMAN RESOURCES -NONE
12. E. HUMAN SERVICES -NONE
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.11. RECREATION -NONE
12.1. PUBLIC WORKS -NONE
12..1 UTILITIES SERVICES
12...1. WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION FROM 2
MGD TO 6 MGD — CHANGE ORDER 5, FINAL PAY AND RELEASE OF
RETAINAGE — UCP -2621
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Change Order 5, final pay and release of retainage to
Wharton -Smith, Inc., and authorized the Chairman to
execute Change Order No. 5 to contract documents as
22
June 1, 2010
presented, as recommended in the memorandum of May
21, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.2. AMENDMENT NUMBER 2 TO CONTINUING CONSULTING SERVICES WORK
ORDER No. 12 WITH MASTELLER & MOLER, INC. FOR ENGINEERING
SERVICES — NORTH COUNTY REUSE STORAGE TANK— UCP -2747
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute as presented,
Amendment Number 2 to Work Order No. 12 with
Masteller and Moler, Inc., for an additional amount of
$6,900 for engineering services, bringing the new total for
Work Order Number 12 to $377,747, as recommended in
the memorandum of May 13, 2010.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. CONSIDERATION OF S.C.A.L.E. REPORT FOR 66TH AVENUE, 4TH STREET TO
STATE ROAD 60
Deputy County Attorney William DeBraal presented staff's request for Board approval of
the S.C.A.L.E. Report submitted by Carter and Associates, Inc. (CAI), which evaluates the
proposed transportation improvements on 66th Avenue between SR 60 and 4th Street. He asked
Commissioners to approve, in addition to the S.C.A.L.E. Report, the typical sections (as detailed
on page 228 of the backup) for 66th Avenue.
23
June 1, 2010
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to approve
staff's recommendation.
Attorney DeBraal provided for Commissioner Davis, further details on right-of-way
parcels that were being acquired by eminent domain, in conjunction with the 66th Avenue
Roadway Improvement Project.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board unanimously
approved the 66th Avenue S.C.A.L.E. Report for the
segment of 66th Avenue from 4th Street north to SR 60 and
the typical sections for that section of 66th Avenue, as
recommended in the memorandum of May 24, 2010.
13.B. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION ORDINANCE
Attorney Polackwich recapped the memorandum of May 21, 2010 to provide background
and analysis on the Board's directive for staff to develop an Ordinance authorizing the Board to
grant ad valorem tax exemptions to new and expanding businesses, to become effective only if
approved by voter referendum at the November 2, 2010 General Election. He requested that the
Board review the proposed draft Ordinance and provide input, after which staff will prepare the
final Ordinance for adoption at a Public Hearing in June 2010.
Vice Chairman Solari wanted to provide notice of the pending referendum to the
Chamber of Commerce, Realtor's Association, and as many civic groups as possible.
Commissioner Davis wished to include the Municipalities in the distribution.
24
June 1, 2010
Attorney Polackwich addressed Vice Chairman Solari's question regarding language in
the draft Ordinance, in Section 1100.04, Definitions of Terms, Item (p) New Business, pertaining
to the definition of an "industrial or manufacturing plant."
A brief discussion ensued on the possibility that a business such as a fast food
establishment might wish to apply for the tax exemption. Attorney Polackwich clarified that the
tax exemption is at the Board's discretion.
Chairman O'Bryan wanted to see a matrix established that would utilize a scoring system
to determine what percent and for how long the tax abatement would be granted.
Attorney Polackwich affirmed that he would be preparing two different documents if the
Ordinance is adopted — the actual exemption agreement with the business, and the matrix with
the scoring system.
Further discussion ensued, as Attorney Polackwich assured Commissioners that
everything was in place for the referendum to go on the November 2010 ballot.
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously directed the
County Attorney to draft a final Ordinance authorizing ad
valorem tax exemptions to new and expanding businesses,
for adoption in late June 2010, and to become effective
only if approved by voter referendum at the November 2,
2010 General Election.
25
June 1, 2010
13. C FELLSMERE CODE ENFORCEMENT PROCEEDINGS — 2010 CHARGES
(Clerk's Note: This item was heard following Item 10 B.3. and is presented here for
continuity).
Attorney Polackwich, recapping the memorandum of May 25, 2010, conveyed that the
City of Fellsmere had filed code enforcement charges against the County, pertaining to an unpaid
balance for 2009 fire protection charges. The City's Code Enforcement Special Master's ruling
for payment of the balance was appealed by the County to the appellate court, which has not yet
granted a decision. The County subsequently received Fellsmere's invoice for the 2010 fire
protection charges, but wished to defer payment until the court rules on the 2009 charges.
Fellsmere has once again initiated code enforcement charges for the 2010 charges, and has been
requested to delay the new proceedings until the appellate court makes a final decision on the
County's appeal on the 2009 charges. Attorney Polackwich thereafter presented for Board
direction, three alternatives which the Board could pursue.
Discussion ensued among Commissioners and Attorney Polackwich on the best approach
for the Board to take regarding both the 2009 and 2010 charges.
Commissioner Davis advocated paying off the 2009 charges to avoid accumulating
further interest and penalties, provided that it does not adversely impact the County's appeal. If
the court rules in the County's favor, Fellsmere could return the money.
Vice Chairman Solari suggested that the Board decide on the 2010 charges at this time,
and have the County Attorney find out if Fellsmere would be amenable to Commissioner Davis's
idea.
Chairman O'Bryan sought input from Fellsmere's City Attorney, Warren Dill, on what
his recommendation pertaining to the 2010 charges would be.
26
June 1, 2010
Attorney Dill stated that he would recommend to the City Council on Thursday, at its
June 3 meeting, acceptance of the agreement where the County pays the full amount of the 2010
charges. Afterwards, if the court determines that the 2009 charges are not owed, Fellsmere
would refund the payment.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to approve staff's
recommendation, Alternative 1 — to pay the 2010 fire
protection charges to the City of Fellsmere, under an
agreement that Fellsmere will refund the payment if the
appellate court determines that the 2009 charges are not
owed.
Jason Nunemaker, City Manager, expressed a willingness to work out a more global
alternative, in accordance with Commissioner Davis's wishes, prior to the City Council meeting.
Commissioner Davis advocated approving Alternative 1, but wanted to also work out an
agreement with Fellsmere for the County to pay the 2009 charges.
After further discussion, with input from Attorney Dill, the Board Consensus was to keep
the 2009 and 2010 agreements separate, and to not combine them in one Motion.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved staff's
recommendation, Alternative 1 — to pay the 2010 fire
protection charges to the City of Fellsmere, under an
agreement that Fellsmere will refund the payment if the
appellate court determines that the 2009 charges are not
owed.
27
June 1, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously directed
the County Attorney to negotiate with the City of
Fellsmere, a similar agreement to Alternative 1 that would
apply to the 2009 charges, provided the County does not
weaken its appeal by paying the 2009 charges.
AGREEMENT FOR 2010 CHARGES ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN
14.B.1. PAIN CLINICS
(Clerk's Note: This item was heard following Item 10. C.1. Public Notice Items, and is
placed here for continuity).
Vice Chairman Solari asked the Commissioners if they wished to address the growing
problem of Pain Clinics which are opening up here and in other counties, and which are
dispensing prescription medications without checking on the medical necessity for them. He
read from the Interim Report of the Broward County Grand Jury - The Proliferation of Pain
Clinics in South Florida (on file), to provide statistics highlighting the seriousness of this
situation. He remarked on the necessity to make a clear distinction between "pill mills" and
legitimate chronic pain centers.
28
June 1, 2010
James Harpring, General Counsel, Sheriff's Office, conveyed that he had discussed this
matter with the County Attorney, and there had been a consensus on the necessity for both a
short-term remedy, and a long-term solution. He described legislation being enacted by the
State, and invited Detective Bill Starr to provide further input.
Detective Bill Starr, MACE Unit, Sheriff's Department, described the operations of the
pain clinics, and reported that many individuals were traveling from out-of-town to obtain the
prescription drugs at the pain centers, and afterwards selling them. He provided statistics
highlighting the gravity of this situation, and described preliminary actions being taken by the
State. He advised the Board that the County will be inundated with the unethical pain clinics,
unless some type of action is taken. He thereafter responded to questions from the Board
regarding the proliferation of clinics in Florida, the requirements for setting up the clinics, and
the tracking program for eliminating "doctor -shopping."
Commissioner Wheeler felt that a moratorium would give the Board time to see how the
State is going to address this matter, and would provide breathing room to evaluate the best long-
term solution for this problem.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to direct the
County Attorney to draft an Ordinance for a moratorium
on Pain Clinics.
Further discussion ensued regarding how to protect and differentiate the legitimate pain
management clinics from the unscrupulous ones.
Attorney Harpring spoke in support of the Board adopting the proposed Ordinance.
29
June 1, 2010
Vice Chairman Solari suggested going ahead with the moratorium as soon as possible.
He also advocated networking with the Florida Association of Counties (FAC) to draft the right
type of legislation to subsequently be presented to the State.
Commissioner Wheeler agreed with working with the F.A.C., and advocated working
also with other Counties, Agencies, and the State, to develop a long-term solution.
Attorney Polackwich verified that he would prepare an emergency Ordinance for a
moratorium on the pain clinics, for presentation at the June 8, 2010 County Commission
meeting, which could subsequently be followed by a non -emergency Ordinance. He noted that
moratorium periods varied from six to twelve months. He reported that another strategy, being
utilized by several other counties, would be to adopt a permanent Zoning Ordinance, restricting
the location of the clinics.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to direct the
County Attorney to draft an Emergency Ordinance for a
moratorium on Pain Clinics, to be presented at the June 8,
2010 County Commission meeting.
Further discussion ensued as the Board spoke to the importance of developing, in
conjunction with the long-term solution, some type of protection for a legitimate pain clinic.
Commissioner Flescher remarked that there was a gross difference between a pill mill
and a physician dispensing pain medication.
Debbie Gee, Tax Collector's office, reported on the phone inquiries that her office has
been receiving about the legality of pain clinics in the County. She described the current
requirements for obtaining a local business tax receipt (formerly called an occupational license),
and expressed support for the proposed Ordinance as a quick temporary measure.
30
June 1, 2010
Attorney Polackwich, responding to concerns about clinics being established prior to
adoption of the Ordinance, suggested the Board make a Motion to prohibit issuance of Business
Tax receipts for Pain Management Clinics between now and June 8, 2010.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner Flescher to direct the Tax
Collector's office to not issue any Local Business Tax
receipts for Pain Management Clinics between now and
June 8, 2010.
The Chairman CALLED THE QUESTION, and the
Amended Motion carried unanimously. The Board: (1)
directed the County Attorney to draft an Emergency
Ordinance for a 12 -month moratorium on Pain Clinics, for
consideration at the Board of County Commission
meeting of June 8, 2010; and (2) directed the Tax
Collector's Office to not issue any Local Business Tax
receipts for Pain Management Clinics between now and
June 8, 2010.
14. C. COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE
14. E. COMMISSIONER GARY C. WHEELER NONE
31
June 1, 2010
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
1 S.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 1:13
p.m.
ATTEST:
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
32
June 1, 2010
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
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:13
p.m.
ATTEST:
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
32
June 1, 2010