HomeMy WebLinkAbout06/08/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JUNE 8, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING, REGARDING
THE DEEPWATER HORIZON OIL SPILL 2
6. APPROVAL OF MINUTES 2
6.A. REGULAR MEETING OF MAY 11, 2010 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 2
1
June 8, 2010
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS AND WIRES MAY 21, 2010 TO MAY 27, 2010 3
8.B. PROCLAMATION AND RETIREMENT AWARD TO AGNES MARLENE STANBERRY
ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS GENERAL SERVICES DEPARTMENT HOUSING AUTHORITY
DIVISION 3
8.C. MISCELLANEOUS BUDGET AMENDMENT 013 4
8.D. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR
CONTINUITY OF OPERATIONS PLAN COMPREHENSIVE EXERCISES 4
8.E. REFURBISH SEWER VACUUM TRUCKS, #345 UPDATE 4
8.F. REUSE RATE STUDY FINAL PAYMENT 5
8.G. APPROVAL OF WORK ORDER NO. 3 WITH HYDROMENTIA, INC. FOR
MONITORING AND REPORTING SERVICES FOR 319(H) GRANT FOR EGRET
MARSH STORMWATER PARK 5
8.H. WORK ORDER NO. 9 — COASTAL TECHNOLOGY CORPORATION INC. SECTOR 3
BEACH RESTORATION PROJECT - NEARSHORE SEA TURTLE MONITORING 6
8.I. APPROVAL OF APPLICATION REQUEST FOR WETLAND DEVELOPMENT GRANT —
USEPA REGION 4 6
8.J. 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 7
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 7
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - FISCAL YEAR (FY) 2010
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA
PROGRAM: LOCAL SOLICITATION 7
10. PUBLIC ITEMS 8
10.A. PUBLIC HEARING(S) 8
10.A.L LAZY J. LLC AND HENRY S. BUSSEY TRUSTEE'S REQUEST FOR A SMALL SCALE
COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT TO REDESIGNATE
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June 8, 2010
± 1.05 ACRES FROM L-2 TO C/I; AND TO REZONE THOSE ± 1.05 ACRES FROM
RM -6 TO CL (LEGISLATIVE) 8
l0.A.2. CORRIGAN ET AL'S REQUEST TO AMEND THE COMPREHENSIVE PLAN'S FUTURE
LAND USE ELEMENT POLICIES 1.22 AND 1.36 TO ALLOW FOR EXPANSION OF
COMMERCIAL/INDUSTRIAL NODES FOR LARGE SCALE
RESEARCH/TECHNOLOGY/INDUSTRIAL PARKS AND TO INCREASE THE SIZE AND
USE ALLOWANCES OF THE COMMERCIAL/INDUSTRIAL DESIGNATED PROPERTY
LOCATED AT THE NORTHWEST CORNER OF SR 60 AND 98TH AVENUE
(LEGISLATIVE) 10
10.A.3. CORRIGAN ET AL'S REQUEST TO AMEND THE COMPREHENSIVE PLAN TO
EXPAND THE COUNTY'S URBAN SERVICE AREA (USA) AND TO REDESIGNATE
±674.17 ACRES LOCATED GENERALLY WEST OF 102ND AVENUE AND NORTH OF
S.R. 60 FROM AG -2, AGRICULTURAL -2 (UP TO 1 UNIT/10 ACRES), TO CII,
COMMERCIAL/INDUSTRIAL (LEGISLATIVE) 12
10.A.4. CONSIDER REVENUE DISTRIBUTION FORMULA FOR 6¢ LOCAL OPTION GAS TAX
(ADMINISTRATIVE) 13
10.B. PUBLIC DISCUSSION ITEMS - NONE 14
11. COUNTY ADMINISTRATOR MATTERS - NONE 14
12. DEPARTMENTAL MATTERS 14
12.A. COMMUNITY DEVELOPMENT - NONE 14
12.B. EMERGENCY SERVICES - NONE 14
12.C. GENERAL SERVICES - NONE 14
12.D. HUMAN RESOURCES - NONE 14
12.E. HUMAN SERVICES - NONE 14
12.F. LEISURE SERVICES - NONE 14
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 14
12.H. RECREATION - NONE 14
12.I. PUBLIC WORKS - NONE 15
12.J. UTILITIES SERVICES 15
12.J.1 APPROVAL OF BID AWARD FOR IRC BID No. 2010041 SOUTH WTP AIR
CONDITIONER UPGRADE 15
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June 8, 2010
13. COUNTY ATTORNEY MATTERS 15
13.A. EMERGENCY ORDINANCE RELATING TO PAIN CLINICS 15
14. COMMISSIONER ITEMS 17
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 17
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE 17
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 17
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE 17
14.E. COMMISSIONER GARY C. WHEELER 18
14.E.1. REQUEST FOR CHANGE TO COUNTY'S ALCOHOLIC BEVERAGE ORDINANCE 18
15. SPECIAL DISTRICTS AND BOARDS 19
15.A. EMERGENCY SERVICES DISTRICT 19
15.A.1. APPROVAL OF MINUTES MEETING OF MARCH 23, 2010 19
15.A.2. BOARD CONSIDERATION OF REQUEST BY THE EMERGENCY SERVICES DISTRICT
ADVISORY COMMITTEE TO ESTABLISH A FIRE -RESCUE STATION
CONSTRUCTION LIST 19
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 19
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 19
16. ADJOURNMENT 20
4
June 8, 2010
JEFFREY K. BARTON
Clerk to the Board
June 8, 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 8, 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
Assistant County Administrator Michael Zito, 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
Rabbi Michael Birnholz, Temple Beth Shalom, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Administrator Baird Assistant County Administrator Zito, led the Pledge of Allegiance to
the Flag.
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June 8, 2010
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING,
REGARDING THE DEEPWATER HORIZON OIL SPILL
Emergency Services Director John King used a PowerPoint Presentation (on file) to
update the Board on the oil spill in the Gulf of Mexico. He reported on the current situation, the
ocean current computer model, actions taken by the State and County, the forecasted location
and conditions for oil, British Petroleum's ( BP's) current efforts, and website links for obtaining
updated information.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MAY 11, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of May 11, 2010. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of May 11, 2010, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
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June 8, 2010
8. CONSENT AGENDA
Chairman O'Bryan requested to pull Item 8.G., and Commissioner Davis requested to
pull Item 8.F. from the Consent Agenda for comments/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 WIRESMAY21, 2010 TOMAY 27, 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 21, 2010 to May 27,
2010, as requested in the memorandum of May 27, 2010.
8.B. PROCLAMATION AND RETIREMENT AWARD TO A GNES MARLENE
STANBERRY ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS GENERAL SERVICES DEPARTMENT
HOUSING A UTHORITY DIVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
acknowledged the Retirement Award and Proclamation
honoring Agnes Marlene Stanberry on her retirement from
Indian River County Board of County Commissioners
General Services Department Housing Authority Division.
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June 8, 2010
8.C. MISCELLANEOUS BUDGET AMENDMENT 013
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-046, amending the fiscal year 2009-2010
Budget.
8.D. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN INDIAN
RIVER COUNTY AND THE TREASURE COAST REGIONAL PLANNING
COUNCIL FOR CONTINUITY OF OPERATIONS PLAN COMPREHENSIVE
EXERCISES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Professional Services Agreement with the Treasure
Coast Regional Planning Council, and approved to expend
grant funds in the amount of $30,500, as recommended in
the memorandum of May 28, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. REFURBISH SEWER VACUUM TRUCKS, #345 UPDATE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the additional cost of $6,432.51, to refurbish truck #345,
bringing the total cost to $71,032.51, as recommended in
the memorandum of June 1, 2010.
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June 8, 2010
8.F. REUSE RATE STUDY FINAL PAYMENT
Commissioner Davis noted that he received correspondence from several golf
communities regarding concerns pertaining to the reuse system and rates. He invited Director of
Utilities Erik Olson to speak regarding this matter.
Director Olson did not believe there were issues relating to the reuse rates, but rather the
surprise of not being notified in advance. He recommended the Board, at the upcoming June 15,
2010 Board meeting, postpone the reclaimed water rate increase until January 2011. He said that
staff would set up a procedure where the golf courses would only be charged for the amount of
reclaimed water they require for irrigation.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
final payment to CDM, in the amount of $2,276.10, for
review of reuse rate study, as recommended in the
memorandum of May 19, 2010.
8.G. APPROVAL OF WORK ORDER No. 3 WITHHYDROMENTIA, INC. FOR
MONITORING AND REPORTING SERVICES FOR 319(H) GRANT FOR EGRET
MARSH STORMWATER PARK
Chairman O'Bryan requested this item be tabled for one week to allow staff the
opportunity to negotiate a lower water quality testing fee with Hydromentia, Inc.
ON MOTION by Vice Chairman Solari, SECONDED by
Chairman O'Bryan, the Board TABLED this item until the
time certain of June 15, 2010.
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June 8, 2010
8.H. WORK ORDER No. 9 - COASTAL TECHNOLOGY CORPORATION INC.
SECTOR 3 BEACH RESTORATION PROJECT — NEARSHORE SEA TURTLE
MONITORING
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 9 to the Contract with Coastal
Technology Corporation Inc. (CTC), for the beach and
dune restoration project nearshore sea turtle monitoring,
and authorized the Chairman to execute same, as
recommended in the memorandum of May 29, 2010.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. APPROVAL OF APPLICATION REQUEST FOR WETLAND DEVELOPMENT
GRANT — USEPA REGION 4
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized and approved the Utility Department to submit
the Grant application for the Environmental Protection
Agency (EPA) Grant under the Region 4 Wetlands
Development Program, as recommended in the
memorandum of June 2, 2010.
(Spoon Bill Marsh Wetland Project)
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June 8, 2010
8.J. 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
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Addendum to the Memorandum of Understanding with
Address 'N Mail, Inc., with the $50,000 employee
infidelity insurance or bond, and authorized the County
Administrator to execute same on behalf of the Board, as
recommended in the memorandum of June 1, 2010.
ADDENDUM ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - FISCAL YEAR (FY) 2010
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
FORMULA PROGRAM: LOCAL SOLICITATION
Sheriff Deryl Loar requested approval to move forward with the Fiscal Year 2010
Edward Byrne Memorial Justice Assistance Grant (JAG), in the amount of $31,145.00, to
purchase forensic equipment and aviation helmets. He pointed out that the Grant requires no
match from the County and that the submission deadline is June 30, 2010. Sheriff Loar
recognized Kim Poole who processes all the Sheriff Department's Grants as well as the Non -
Profits in the community.
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June 8, 2010
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously authorized
the Sheriff to move forward with the Fiscal Year 2010
Edward Byrne Memorial Justice Assistance Grant (JAG),
in the amount of $31,145.00, as requested in the letter
dated May 25, 2010.
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S)
10.A.1. LAZY 1 LLC AND HENRYS. BUSSEY TRUSTEE'S REQUEST FOR A
SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP
AMENDMENT TO REDESIGNATE ± 1.05 ACRES FROM L-2 TO C/I; AND TO
REZONE THOSE ± 1.05 ACRES FROM RM -6 TO CL (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating recapped the May 18, 2010
Memorandum using a PowerPoint Presentation (on file) to explain the small scale Amendment to
change the designation of ± 1.5 acres, located at the southwest corner of Old Dixie Highway and
10th Lane, from L-2, Low -Density Residential -2 to C/I, Commercial/Industrial, and to rezone the
property from RM -6, Multi -Family Residential to CL, Limited Commercial District. He
described the characteristics of a small scale Amendment, and spoke briefly about the future land
use designation, existing zoning, concurrency, compatibility, and consistency with the
Comprehensive Plan. He recommended the Board approve the Comprehensive Plan Amendment
and the rezoning.
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June 8, 2010
Discussion ensued regarding the increase of nodes, encroachment on existing residential
neighborhoods, access to the property, and the northern parcel being used for soft improvements.
The Chairman opened the Public Hearing, there being no speakers, and he closed the
Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2010-011, amending the Future Land Use Map
of the Comprehensive Plan by changing the Land Use
Designation for ±1.05 acres located at the southwest
corner of 10th Lane and Old Dixie Highway, Vero Beach,
from L-2, Low -Density Residential -2 (up to 6 units/acre),
to C/I, Commercial / Industrial; and providing
codification, severability, and effective date.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2010-012, amending the Zoning Ordinance
and Zoning Map for ±1.05 acres located at the southwest
corner of 10th Lane and Old Dixie Highway, Vero Beach,
from RM -6, Multi Family Residential District (up to
6 units/acre), to CL, Limited Commercial District; and
providing codification, severability, and effective date.
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June 8, 2010
10.A.2. CORRIGAN ET AL'S REQUEST TO AMEND THE COMPREHENSIVE PLAN'S
FUTURE LAND USE ELEMENT POLICIES 1.22 AND 1.36 TO ALLOW FOR
EXPANSION OF COMMERCIAL/INDUSTRIAL NODES FOR LARGE SCALE
RESEARCH/TECHNOLOGY/INDUSTRIAL PARKS AND TO INCREASE THE SIZE
AND USE ALLOWANCES OF THE COMMERCIAL/INDUSTRIAL DESIGNATED
PROPERTY LOCATED AT THE NORTHWEST CORNER OF SR 60 AND 98TH
AVENUE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Keating outlined staff's Memorandum dated May 17, 2010, and using a Power
Point Presentation (on file), expressed that the next two Public Hearings were related to standard
Comprehensive Plan Amendments, were submitted in January, and are the second of three Public
Hearings. He provided the description and conditions, background, analysis, change in
circumstances, and how the proposed text amendment would modify Future Land Use Element
(FLUE) Policies 1.22 and 1.36. He also mentioned how these policy changes would modify the
County's node expansion policy, and establish site-specific use limitations for land proposed for
redesignation as part of an associated Future Land Use Map Amendment. Director Keating
asked the Board to consider transmitting the Comprehensive Plan Amendments to the
Department of Community Affairs (DCA) for review.
Discussion ensued as staff addressed the Board's questions regarding the mitigation bank
project, height limitations on the CVS Distribution Center parcel, and accessory commercial
uses.
The Chairman opened the Public Hearing.
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June 8, 2010
Christopher Marine, Esquire, 979 Beachland Boulevard, appeared on behalf of Hugh
Corrigan, Lambeth Citrus, Ltd., and Donald S. Beaty. He commented on the application that the
Corrigans have been involved in, to comprehensively plan for the long term and future land use
of their 5,500 -acre cattle ranch west of the interstate, the mitigation bank project and permit, and
the process of placing a conservation easement on a certain portion of the ranch. He also spoke
about the Corrigans' commitment to placing the property in conservation, the application, the
mitigation bank being developed in phases, the pending petition, and restoring the wetlands area
back to its original state.
A lengthy discussion ensued regarding the wetlands, whether the property would be
considered contiguous, the Counties that are included in the upper basin mitigation bank project,
building a research industrial park, and zoning the property as Planned Development (PD).
Dan Corrigan, 7150 20th Street, clarified which areas make up the basin; spoke about the
County's need to attract businesses, jobs and revenue; his family's cattle operation; the plans for
a wetlands mitigation bank; and a proposed industrial park.
Joseph Paladin, Black Swan Consulting, supported the project.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously
approved Resolution 2010-047, approving the transmittal
of proposed amendments to the text of the Future Land
Use Element of the Indian River County Comprehensive
Plan to the State of Florida Department of Community
Affairs.
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June 8, 2010
The Chairman called a break at 10:32 a.m. and reconvened the Meeting at 10:48 a.m.
with all members present.
10.A.3. CORRIGAN ET AL'S REQUEST TO AMEND THE COMPREHENSIVE PLAN
TO EXPAND THE COUNTY'S URBAN SERVICE AREA (USA) AND TO
REDESIGNATE ±674.17ACRES LOCATED GENERALLY WEST OF 102ND
AVENUE AND NORTH OF S.R. 60 FROMAG-2, AGRICULTURAL -2 (UP TO 1
UNIT/10 ACRES), TO C/I, COMMERCIAL/INDUSTRIAL (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Keating recapped the Memorandum dated June 2, 2010, and through a Power
Point Presentation (on file), explained the characteristics, criteria analyzed, compatibility,
concurrency, traffic impacts, and consistency with the Comprehensive Plan in expanding the
Urban Service Area (USA) and redesignating ±674.17 acres from Agricultural -2 to
Commercial/Industrial. He described how the proposed change would increase land use
efficiency and facilitate economic development, and recommended the Board approve
transmittal of the Land Use Map Amendment to the Department of Community Affairs (DCA)
for review.
There was a brief discussion regarding development activity and access/development to
the northern parcels.
The Chairman opened the Public Hearing.
Joseph Paladin, Black Swan Consultant, voiced concern over the possibility of future
traffic impacts, should SR60 be widened to eight lanes.
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June 8, 2010
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2010-048, approving the transmittal of a
proposed Indian River County Comprehensive Plan Future
Land Use Map Amendment to the State of Florida
Department of Community Affairs.
1O.A.4. CONSIDER REVENUE DISTRIBUTION FORMULA FOR 6¢ LOCAL OPTION
GAS TAX (ADMINISTRATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Public Works Director Christopher Mora announced that Chapter 209 of the Indian River
County Code requires staff to conduct a Public Hearing every two years to approve a revenue
distribution formula for the 6¢ Local Option Gas Tax, which is shared with five municipalities.
He explained the current formula for the tax distribution and the percentages calculated. He
thereafter addressed questions from the Board.
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
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June 8, 2010
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the 2010/2011 revenue distribution percentages, as
recommended in the memorandum of May 12, 2010.
10.B. PUBLIC DISCUSSION ITEMS - NoNE
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
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June 8, 2010
12.1. PUBLIC WORKS - NONE
12..1 UTILITIES SERVICES
12.J.1. APPROVAL OF BID AWARD FOR IRC BID No. 2010041 SOUTH WTPAIR
CONDITIONER UPGRADE
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously:
(a) approved bid award Option B to DAC Air
Conditioning Corp., in the amount of $50,637.00, as the
lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid;
(b) approved the sample Agreement; and (c) authorized
the Chairman to execute said Agreement after receipt and
approval of the Certificate of Insurance and after the
County Attorney has approved the Agreement to form and
legal sufficiency, all as recommended in the memorandum
of June 1, 2010.
13. COUNTY ATTORNEY MATTERS
13.A. EMERGENCY ORDINANCE RELATING TO PAIN CLINICS
County Attorney Alan S. Polackwich, Sr. recalled that on June 1, 2010 the Board voted to
establish a moratorium on the issuance of business tax receipts for pain clinics and pain
management clinics, and he was directed to prepare an Emergency Ordinance establishing a
moratorium for 12 months. He explained the exceptions and language that was adapted for the
proposed Ordinance, and he recommended that the Emergency Ordinance only cover a 90 -day
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June 8, 2010
moratorium, which is the period of time that can truly be labeled as an Emergency Ordinance
(not 12 months).
Harold Cordner, M.D., spoke about monopoly concerns, medical board certification, the
abuses in pain management, and the definition of "pain clinic." He provided language
recommendations, discussed the controversy from organizations and physicians who feel they
can conduct pain management without training, and stressed that board certification should be
elevated to the highest gold standard to ensure the best care for the citizens.
Discussion ensued regarding the strategy that would be used to prevent a monopoly,
establishing and operating a legitimate pain management clinic/center, items that need to be
addressed before adopting a permanent Ordinance, a prescription drug monitoring system, and
the costs involved.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Emergency Ordinance 2010-013, with amendments
outlined below, establishing a ninety (90) day moratorium
on the issuance, transfer and renewal of local business tax
receipts for certain Pain Clinics and Pain Management
Clinics; providing for severability; and setting forth
effective date.
Section 2. Definitions (a) "Pain Clinic" or "Pain
Management Clinic" shall mean a privately owned pain
management clinic, facility, or office primarily engaged in
the treatment of pain by prescribing or dispensing
controlled substance medications, or which advertises in
any medium for any type of pain management services...",
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June 8, 2010
Section 2. Definitions (a) iv: "a clinic, facility or office
which is wholly owned by physicians licensed pursuant to
Florida law, at least one of whom has obtained specialty or
subspecialty certification in or related to pain management
from a specialty board recognized by a board as defined in
" ) has obtained
board certification by a specialty board recognized by the
American Board of Medical Specialties and holds a sub-
specialty certification in pain medicine, (b) has
successfully completed a post graduate training program
in Pain Medicine/Management accredited by the
Accreditation Council for Graduate Medical Education,
or (c) has obtained a Certificate of Added Qualification in
Pain Management by the American Osteophathic
Association. "
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN- NONE
14. C. COMMISSIONER WESLEY S. DAVIS - NONE
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE
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June 8, 2010
14.E. COMMISSIONER GARY C. WHEELER
14.E.1. REQUEST FOR CHANGE TO COUNTY'S ALCOHOLIC BEVERAGE
ORDINANCE
Commissioner Wheeler recapped his Memorandum dated June 2, 2010, conveying that
the current County Alcoholic Beverage Ordinance creates a separation distance requirement of
1,000 feet between a church and liquor serving entity. On behalf of Majestic Plaza (old Luria
Plaza), Dr. Michael Rechter requested that the County's Alcoholic Beverage Ordinance be
changed. Since Luria Plaza is not an isolated issue, and more churches are moving into
commercially zoned strip centers, Commissioner Wheeler, and staff supported the request and
asked the Board to consider directing staff to move forward with the change.
MOTION was made by Commissioner Wheeler,
SECONDED by Commissioner Davis, to approve staff's
recommendation of changing the County's Alcoholic
Beverage Ordinance, and to direct staff to initiate the
process.
Commissioner Davis explained the intent of the original Ordinance.
The Chairman CALLED THE QUESTION and the
Motion carried.
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June 8, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:50 p.m.
ATTEST:
c
i
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: AUG 1 7 2010
BCC/LA/2010 Minutes
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June 8, 2010