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Home My WebLink About07/12/2011 (3)0 COUNTY COMMISSIONERS Bob Solari, Chairman Gary C. Wheeler, Vice Chairman Wesley S. Davis Joseph E. Flescher Peter D. O'Bryan 1. CALL TO ORDER 2. INVOCATION 3. 4. 5. PLEDGE OF ALLEGIANCE MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, JULY 12, 2011- 9:00 A.M. County Commission Chamber Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960=3388 ww.i wregov.com District 5 Joseph A. Baird, County Administrator District 3 Alan S. Polackwich, Sr., County Attorney District 1 Jeffrey K. Barton, Clerk to the Board District 2 District 4 9:00 A.M. Deputy Teddy Floyd, Sheriff Department Indian River County Conunissioner Peter D. O'Bryan ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY ITEMS PAGE PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating July 2011 as Marine Debris Removal Month in Indian River County 1 July 12, 2011 10. 11. 12. PUBLIC ITEMS B. PUBLIC DISCUSSION ITEMS ��141FGa97 Page 1 of 5 PAGE Please give your name and address, acid then give your remarks. Please riy to limit your remarks to three minutes. 1. Request to Speak from Asset Research &Recovery Regarding Impact Fee Refunds 59425 --------------------------------------------------------------------------------------------- 2. Request to Speak from Fred Mensing Regarding County Commissioners having or not having full time staff assistant, and Permit &License on 60' R/W prior to work being performed by C. N. Kirrie 126=127 C. PUBLIC NOTICE ITEMS None COUNTY ADMINISTRATOR MATTERS DEPARTMENTAL MATTERS A. Community Development None B, Emergency Services None C, General Services D, Human Resources 1►Zim E, Human Services None F, Leisure Services None G, Office of Management and Budget None PG Q99 July 12, 2011 Page 3 of 5 COUNTY COMMISSIONERS Bob Solari, Chairman Gary C. Wheeler, Vice Chairman Wesley S. Davis Joseph E. Flescher Peter D. O'Bryan 1. 2. 3. C� 5. MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, JULY 12, 2011- 9:00 A.M. County Commission Chamber Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com District 5 Joseph A. Baird, County Administrator District 3 Alan S. Polackwich, Sr., County Attorney District 1 Jeffrey K. Barton, Clerk to the Board District 2 District 4 CALL TO ORDER 9:00 A.M. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff Department PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan ADDITIONSlDELETIONS TO THE AGENDA /EMERGENCY ITEMS PROCLAMATIONS and PRESENTATIONS A. PAGE Presentation of Proclamation Designating July 2011 as Marine Debris Removal Month in Indian River County 1 July 12, 2011 Page 1 of 5 15. SPECIAL DISTRICTS AND BOARDS PAGE • A. Emergency Services District None B, 001id Waste Disposal District 1. Approval of Minutes Meeting of June 14, 2011 2. Amendment V. 3 to Work Order No. 9 to Camp Dresser and McKee for Engineering Services Related to the New Oslo Customer Convenience Center memorandum dated July 5 2011) 137456 C, Environmental Control Board None 16. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The .full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 2 July 12, 2011 7 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. BK 141 PG I01 Page 5 of 5 • JEFFREY K. BARTON Clerk to the Board F C•� OF JULY 12, 2011 R MEETING SSIO 1. CALL TO ORDER..........................................................................................................................1 2. INVOCATION..... 014#00009 vte** 06099990*w*0 I Vol go 014*09 vollgovel Ole *off 1 3. PLEDGE OF ALLEGIANCE.......................................................................................................... l MOVE: ITEM 10.A.1 — REVISED PAIN MANAGEMENT CLINIC ORDINANCE — IN LIGHT OF NEW STATE LEGISLATION, FOLLOWING ITEM 10.A.2 - COUNTY COMMISSIONER DISTRICTS - PROPOSED 2011 REDISTRICTING PLAN ............ 2 5. PROCLAMATIONS AND PRESENTATIONS............................................................................ 2 5.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 2011 AS MARINE DEBRIS REMOVAL MONTH IN INDIAN RIVER COUNTY. . 4 a 0 a a a 9 * a * 0 0 0 0 6 a 6 0 & 1 0 V 9 1 0 o 0 0 8 0 0 g 6 a 6 4 0 0 0 0 0 a m * a 2 6. APPROVAL OF MINUTES........................................................................................................... 2 6.A. REGULAR MEETING OF JUNE 145 2011......................................................................2 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARDACTION -NONE............................................................................................................. 3 1 14IPGl02 6. APPROVAL OF MINUTES A. Meeting of June 14, 2011 7. INFORMATIONAL ITEMS Fl REQUIRING BOARD ACTION None 8. CONSENT AGENDA Ill L-7 A. Approval of Warrants and Wires — Jwie 233 2011 to June 30, 2011 (memorandum dated June 30, 2011) PAGE B. Change Order No. 1 — Release of Retainage 8th Street Sidewalk Improvements from U. S. 1 to 61h Avenue, IRC Project No. 0744 (memorandum dated June 27, 2011) 10-18 C. Request to Enter into a Revised Interlocal Agreement with the City of Vero Beach for the Aviation Boulevard Intermodal Roadway Improvement Project (memorandum dated July 5, 2011)19-29 D. Dedication of FPL Easement and Execution of FPL Underground Distribution Facilities Installation Agreement for Construction of Underground Cable and Conduit Required for Electrical Power to North County Reclaimed Water Storage Tank & Repump Facility (memorandum dated June 30, 2011) ---- ---------- -- 30-37- 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Revised Pain Management Clinic Ordinance — In Light of New State Legislation (memorandum dated July 1, 2011) 38-53 Legislative 2. County Commissioner Districts — Proposed 2011 Redistricting Plan (memorandum dated July 1, 2011) -- 54-5- 8 ---------------------------------------------------------- Legislative . { 141 PG 4 9 9 . July 12, 2011 Page 2 of 5 6• APPROVAL OF MINUTES PAGE A. Meeting of June 14, 2011 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION None 8. CONSENT AGENDA A. Approval of Warrants and Wires — June 23, 2011 to June 30, 2011 (memorandum dated June 30, 2011) 2-9 a 10. 12. 14. B. Change Order No. 1 — Release of Retainage 8th Street Sidewalk Improvements from U. S. 1 to 6th Avenue, IRC Project No. 0744 (memorandum dated June 27, 2011) 10-18 C. Request to Enter into a Revised Interlocal Agreement with the City of Vero Beach for the Aviation Boulevard Intermodal Roadway Improvement Project (memorandum dated July 5, 2011) 19-29 D. Dedication of FPL Easement and Execution of FPL Underground Distribution Facilities Installation Agreement for Construction of Underground Cable and Conduit Required for Electrical Power to North County Reclaimed Water Storage Tank & Repump Facility (memorandum dated June 30, 2011) 30-37 CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None PUBLIC ITEMS I W911119" 1. Revised Pain Management Clinic Ordinance — In Light of New State Legislation (memorandum dated July 1, 2011) 38-53 ------------------------------------------------------------- Legislative 2. County Commissioner Districts —Proposed 2011 Redistricting Plan Legislative • DEPARTMENTAL MATTERS g, Recreation I, Public Works None J, Utilities Services PAGE • 1. Amendment No. 1 to Work Order No. 13 with Masteller and Moler, Inc. for Design Services Associated with SR 510 Reuse Main Extension to North Barrier Island —UCP 4021 _(memorandurn_dated July 1, 20 1J) 128433 ........... COUNTY ATTORNEY MATTERS A. Settlement Offer on Abazis Parcels (memorandum dated July 5, 2011) 134-13 5 - ------------------------------------------------------------------------------------------------------------- - - - - -- COMMISSIONERS ITEMS A, Commissioner Bob Solari. Chairman None g, Commissioner Gary C, Wheeler, Vice Chairman 1. Request for Discussion Regarding the Staffing in the Board of County Commission Office _(memoran dum dated July 5, 2011) ------------------------------------------------------136-- C, Commissioner Wesley S. Davis None D, Commissioner Joseph E. Flescher None E, Commissioner Peter D. O'Bryan None July 12, 2011 Page 4 of 5 15. SPECIAL DISTRICTS AND BOARDS PAGE • A. Emergency Services District None B, 001id Waste Disposal District 1. Approval of Minutes Meeting of June 14, 2011 2. Amendment V. 3 to Work Order No. 9 to Camp Dresser and McKee for Engineering Services Related to the New Oslo Customer Convenience Center memorandum dated July 5 2011) 137456 C, Environmental Control Board None 16. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The .full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 2 July 12, 2011 7 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. BK 141 PG I01 Page 5 of 5 10. PUBLIC ITEMS PAGE . Be PUBLIC DISCUSSION ITEMS Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes. 1. Request to Speak from Asset Research & Recovery Regarding Impact Fee Refunds - - - ---- -------59-125 2. Request to Speak from Fred Mensing Regarding County Commissioners having or not having full time staff assistant, and Permit & License on 60' R/W prior to work being performed by C. N. Kirrie 126427 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B, Emergency Services RMF C, General Services None D, Human Resources None E, Human Services 1►[TLLIJ F, Leisure Services None . G, Office of Management and Budget None BK14 ` PG Q 99 July 12, 2011 Page 3 of 5 8. CONSENT AGENDA 8.A. APPROVAL OF WARRANTS AND WIRES — JUNE 23, 2011 TO JUNE 30, 2011 .................3 8.13. CHANGE ORDER NO. 1 — RELEASE OF RETAINAGE 8TH STREET SIDEWALK IMPROVEMENTS FROM U. S. 1 TO 6TH AVENUE, IRC PROJECT No. 0744 ......................3 8.C. REQUEST TO ENTER INTO A REVISED INTERLOCAL AGREEMENT WITH THE CITY OF VERO BEACH FOR THE AVIATION BOULEVARD INTERMODAL ROADWAY IMPROVEMENT PROJECT..........................................................................................4 8.D. DEDICATION OF FPL EASEMENT AND EXECUTION OF FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT FOR CONSTRUCTION OF UNDERGROUND CABLE AND CONDUIT REQUIRED FOR ELECTRICAL POWER TO NORTH COUNTY RECLAIMED WATER STORAGE TANK & REPUMP FACILITY ..............4 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE .................. 5 10. PUBLIC ITEMS............................................................................................................................... 5 10.A. PUBLIC HEARINGS..............................................................................................5 10.A.1. REVISED PAIN MANAGEMENT CLINIC ORDINANCE — IN LIGHT OF NEW STATE LEGISLATION (LEGISLATIVE)................................................................................... 5 l O.A.2. COUNTY COMMISSIONER DISTRICTS — PROPOSED 2011 REDISTRICTING PLAN............ 8 10.B. PUBLIC DISCUSSION ITEMS.............................................................................10 IO.B.l. REQUEST TO SPEAK FROM ASSET RESEARCH &RECOVERY REGARDING IMPACT FEEREFUNDS. a * 6 * a A & a 0 * & * a 0 0 0 a 0 0 9 0 0 9 4 0 0 0 0 0 0 a a 0 * * * * 6 a 0 a 6 * * a 6 * 6 0 4 0 a & & 8 a * & & 0 0 0 * 0 * 6 0 0 a * & 0 0 0 0 0 0 a * a 4 9 6 0 0 6 a * a a & a 0 & 0 v 0 0 4 & & 6 a REQUEST TO SPEAK FROM FRED MENSING REGARDING COUNTY COMMISSIONERS HAVING OR NOT HAVING FULL TIME STAFF ASSISTANT, AND PERMIT & LICENSE ON 60' R/W PRIOR TO WORK BEING PERFORMED BY C. N. KIRRIE on POSTPONED, . a 0 0 6 * 0 0 0 a 6 0 & * * 0 0 6 m & * 0 6 6 6 4 * 6 0 0 * a 0 & a * a 6 a 6 a 0 14 10.C. PUBLIC NOTICE ITEMS - NONE.......................................................................15 1 1. COUNTY ADMINISTRATOR MATTERS -NONE..................................................................15 12. DEPARTMENTAL MATTERS...................................................................................................15 12.A. COMMUNITY DEVELOPMENT —NONE...................................................................... 15 12.B. EMERGENCY SERVICES — NONE..............................................................................15 • 2OX 141 PG 10 •15 12.C. GENERAL SERVICES —NONE 12.D. HUMAN RESOURCES — NONE.................................................................................. 15 12.E. HUMAN SERVICES — NONE......................................................................................15 12.F. LEISURE SERVICES - NONE............................................................................:....... 15 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE** *dose movessom*690 do 15 12.H. RECREATION — NONE.............................................................................................15 12.I. PUBLIC WORKS - NONE......................................................................................... 15 12.J. UTILITIES SERVICES.............................................................................................. 15 12.7.1. AMENDMENT NO. 1 TO WORK ORDER N0. 13 WITH MASTELLER AND MOLER, INC. FOR DESIGN SERVICES ASSOCIATED WITH SR 510 REUSE MAIN EXTENSION TO NORTH BARRIER ISLAND — UCP 4021 ............................................. 16 13. COUNTY ATTORNEY MATTERS............................................................................................16 13.A. SETTLEMENT OFFER ON ABAZIS PARCELS.............................................................. 16 14. COMMISSIONER ITEMS............................................................................................................17 • 14.A. COMMISSIONER BOB SOLARI, CHAIRMAN as NONE ................................................... 17 14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN ............................................ 17 14.B.1. REQUEST FOR DISCUSSION REGARDING THE STAFFING IN THE BOARD OF COUNTY COMMISSION OFFICE......................................................................:........ 17 14.C. COMMISSIONER WESLEY S. DAVIS — NONE............................................................. 18 14.D. COMMISSIONER JOSEPH E. FLESCHER — NONE .................................................04...6.6 18 14.E. COMMISSIONER PETER D. O'BRYAN — NONE........................................................... 18 15. SPECIAL DISTRICTS AND BOARDS ........................ 19 15.A. EMERGENCY SERVICES DISTRICT — NONE...............................................................19 15.B. SOLID WASTE DISPOSAL DISTRICT.........................................................................19 15.B.1. APPROVAL OF MINUTES MEETING OF JUNE 149 2011 ...............................................19 15.13.2. AMENDMENT NO. 3 TO WORK ORDER NO. 9 TO CAMP DRESSER AND MCKEE FOR ENGINEERING SERVICES RELATED TO THE NEW OSLO CUSTOMER CONVENIENCECENTER.......................................................................................... 19 15.C. ENVIRONMENTAL CONTROL BOARD - NONE...........................................................19 3 i4i PG I�4 1Lo DEPARTMENTAL MATTERS g, Recreation None I, Public Works None J, Utilities Services 1. Amendment No. 1 to Work Order No. 13 with Masteller and Moler, Inc for Design Services Associated with SR 510 Reuse Main PAGE• Extension to North Barrier Island —UCP 4021 memorandum dated July 1, 2011) ....... 12&.133_. 13. COUNTY ATTORNEY MATTERS A. Settlement Offer on Abazis Parcels (memorandum dated July 5, 2011)__________________________________________________________ 134-135_. 14. COMMISSIONERS ITEMS A, Commissioner Bob Solari, Chairman None B, Commissioner Gary C, Wheeler, Vice Chairman 1. Request for Discussion Regarding the Staffing in the Board of County Commission Office (memorandum_ dated July 5, 2011) 136 C, Commissioner Weslev S. Davis None D, Commissioner Joseph E. Flescher None E, Commissioner Peter D. O'Bryan None July 12, 2011 14i PG !OD Page 4 of 5 • JEFFREY K. BARTON Clerk to the Board F C•� OF JULY 12, 2011 R MEETING SSIO 1. CALL TO ORDER..........................................................................................................................1 2. INVOCATION..... 014#00009 vte** 06099990*w*0 I Vol go 014*09 vollgovel Ole *off 1 3. PLEDGE OF ALLEGIANCE.......................................................................................................... l MOVE: ITEM 10.A.1 — REVISED PAIN MANAGEMENT CLINIC ORDINANCE — IN LIGHT OF NEW STATE LEGISLATION, FOLLOWING ITEM 10.A.2 - COUNTY COMMISSIONER DISTRICTS - PROPOSED 2011 REDISTRICTING PLAN ............ 2 5. PROCLAMATIONS AND PRESENTATIONS............................................................................ 2 5.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 2011 AS MARINE DEBRIS REMOVAL MONTH IN INDIAN RIVER COUNTY. . 4 a 0 a a a 9 * a * 0 0 0 0 6 a 6 0 & 1 0 V 9 1 0 o 0 0 8 0 0 g 6 a 6 4 0 0 0 0 0 a m * a 2 6. APPROVAL OF MINUTES........................................................................................................... 2 6.A. REGULAR MEETING OF JUNE 145 2011......................................................................2 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARDACTION -NONE............................................................................................................. 3 1 14IPGl02 15. SPECIAL DISTRICTS AND BOARDS PAGE • A. Emergency Services District None B, 001id Waste Disposal District 1. Approval of Minutes Meeting of June 14, 2011 2. Amendment V. 3 to Work Order No. 9 to Camp Dresser and McKee for Engineering Services Related to the New Oslo Customer Convenience Center memorandum dated July 5 2011) 137456 C, Environmental Control Board None 16. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The .full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 2 July 12, 2011 7 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. BK 141 PG I01 Page 5 of 5 16. ADJOURNMENT. . 0 & a 6 a a a 6 a & * a & 6 & * a A * A 6 a * a b * a & a 0 0 a A 6 6 & 0 a a 4 6 a 6 6 & a & & 4 & a & 0 6 6 6 a & a 6 a & 6 & 6 6 6 & a a * 6 * 6 0 A 0 a & 6 6 6 a 6 6 0 a 6 0 0 & a 0 6 & # * 0 6 & & a 0 # & 6 a 0 6 a * 6 6 a 6 & 6 * 6 620 • 4 i4��cio • JEFFREY K. BARTON Clerk to the Board July 129 2011 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 27t ' Street, Vero Beach, Florida, on Tuesday, July 12, 2011. Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, d Commissi anoners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Also present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Maria Suesz. 1. CALL TO ORDER Chairman Solari called the meeting to order at 9:00 a.m. 2. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff's Department, delivered the Invocation. F IAN Commissioner O'Bryan led the Pledge of Allegiance to the Flag. July 12, 2011 1 • JEFFREY K. BARTON Clerk to the Board F C•� OF JULY 12, 2011 R MEETING SSIO 1. CALL TO ORDER..........................................................................................................................1 2. INVOCATION..... 014#00009 vte** 06099990*w*0 I Vol go 014*09 vollgovel Ole *off 1 3. PLEDGE OF ALLEGIANCE.......................................................................................................... l MOVE: ITEM 10.A.1 — REVISED PAIN MANAGEMENT CLINIC ORDINANCE — IN LIGHT OF NEW STATE LEGISLATION, FOLLOWING ITEM 10.A.2 - COUNTY COMMISSIONER DISTRICTS - PROPOSED 2011 REDISTRICTING PLAN ............ 2 5. PROCLAMATIONS AND PRESENTATIONS............................................................................ 2 5.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 2011 AS MARINE DEBRIS REMOVAL MONTH IN INDIAN RIVER COUNTY. . 4 a 0 a a a 9 * a * 0 0 0 0 6 a 6 0 & 1 0 V 9 1 0 o 0 0 8 0 0 g 6 a 6 4 0 0 0 0 0 a m * a 2 6. APPROVAL OF MINUTES........................................................................................................... 2 6.A. REGULAR MEETING OF JUNE 145 2011......................................................................2 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARDACTION -NONE............................................................................................................. 3 1 14IPGl02 8. CONSENT AGENDA 8.A. APPROVAL OF WARRANTS AND WIRES — JUNE 23, 2011 TO JUNE 30, 2011 .................3 8.13. CHANGE ORDER NO. 1 — RELEASE OF RETAINAGE 8TH STREET SIDEWALK IMPROVEMENTS FROM U. S. 1 TO 6TH AVENUE, IRC PROJECT No. 0744 ......................3 8.C. REQUEST TO ENTER INTO A REVISED INTERLOCAL AGREEMENT WITH THE CITY OF VERO BEACH FOR THE AVIATION BOULEVARD INTERMODAL ROADWAY IMPROVEMENT PROJECT..........................................................................................4 8.D. DEDICATION OF FPL EASEMENT AND EXECUTION OF FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT FOR CONSTRUCTION OF UNDERGROUND CABLE AND CONDUIT REQUIRED FOR ELECTRICAL POWER TO NORTH COUNTY RECLAIMED WATER STORAGE TANK & REPUMP FACILITY ..............4 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE .................. 5 10. PUBLIC ITEMS............................................................................................................................... 5 10.A. PUBLIC HEARINGS..............................................................................................5 10.A.1. REVISED PAIN MANAGEMENT CLINIC ORDINANCE — IN LIGHT OF NEW STATE LEGISLATION (LEGISLATIVE)................................................................................... 5 l O.A.2. COUNTY COMMISSIONER DISTRICTS — PROPOSED 2011 REDISTRICTING PLAN............ 8 10.B. PUBLIC DISCUSSION ITEMS.............................................................................10 IO.B.l. REQUEST TO SPEAK FROM ASSET RESEARCH &RECOVERY REGARDING IMPACT FEEREFUNDS. a * 6 * a A & a 0 * & * a 0 0 0 a 0 0 9 0 0 9 4 0 0 0 0 0 0 a a 0 * * * * 6 a 0 a 6 * * a 6 * 6 0 4 0 a & & 8 a * & & 0 0 0 * 0 * 6 0 0 a * & 0 0 0 0 0 0 a * a 4 9 6 0 0 6 a * a a & a 0 & 0 v 0 0 4 & & 6 a REQUEST TO SPEAK FROM FRED MENSING REGARDING COUNTY COMMISSIONERS HAVING OR NOT HAVING FULL TIME STAFF ASSISTANT, AND PERMIT & LICENSE ON 60' R/W PRIOR TO WORK BEING PERFORMED BY C. N. KIRRIE on POSTPONED, . a 0 0 6 * 0 0 0 a 6 0 & * * 0 0 6 m & * 0 6 6 6 4 * 6 0 0 * a 0 & a * a 6 a 6 a 0 14 10.C. PUBLIC NOTICE ITEMS - NONE.......................................................................15 1 1. COUNTY ADMINISTRATOR MATTERS -NONE..................................................................15 12. DEPARTMENTAL MATTERS...................................................................................................15 12.A. COMMUNITY DEVELOPMENT —NONE...................................................................... 15 12.B. EMERGENCY SERVICES — NONE..............................................................................15 • 2OX 141 PG 10 •15 12.C. GENERAL SERVICES —NONE 12.D. HUMAN RESOURCES — NONE.................................................................................. 15 12.E. HUMAN SERVICES — NONE......................................................................................15 12.F. LEISURE SERVICES - NONE............................................................................:....... 15 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE** *dose movessom*690 do 15 12.H. RECREATION — NONE.............................................................................................15 12.I. PUBLIC WORKS - NONE......................................................................................... 15 12.J. UTILITIES SERVICES.............................................................................................. 15 12.7.1. AMENDMENT NO. 1 TO WORK ORDER N0. 13 WITH MASTELLER AND MOLER, INC. FOR DESIGN SERVICES ASSOCIATED WITH SR 510 REUSE MAIN EXTENSION TO NORTH BARRIER ISLAND — UCP 4021 ............................................. 16 13. COUNTY ATTORNEY MATTERS............................................................................................16 13.A. SETTLEMENT OFFER ON ABAZIS PARCELS.............................................................. 16 14. COMMISSIONER ITEMS............................................................................................................17 • 14.A. COMMISSIONER BOB SOLARI, CHAIRMAN as NONE ................................................... 17 14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN ............................................ 17 14.B.1. REQUEST FOR DISCUSSION REGARDING THE STAFFING IN THE BOARD OF COUNTY COMMISSION OFFICE......................................................................:........ 17 14.C. COMMISSIONER WESLEY S. DAVIS — NONE............................................................. 18 14.D. COMMISSIONER JOSEPH E. FLESCHER — NONE .................................................04...6.6 18 14.E. COMMISSIONER PETER D. O'BRYAN — NONE........................................................... 18 15. SPECIAL DISTRICTS AND BOARDS ........................ 19 15.A. EMERGENCY SERVICES DISTRICT — NONE...............................................................19 15.B. SOLID WASTE DISPOSAL DISTRICT.........................................................................19 15.B.1. APPROVAL OF MINUTES MEETING OF JUNE 149 2011 ...............................................19 15.13.2. AMENDMENT NO. 3 TO WORK ORDER NO. 9 TO CAMP DRESSER AND MCKEE FOR ENGINEERING SERVICES RELATED TO THE NEW OSLO CUSTOMER CONVENIENCECENTER.......................................................................................... 19 15.C. ENVIRONMENTAL CONTROL BOARD - NONE...........................................................19 3 i4i PG I�4 8. CONSENT AGENDA 8.A. APPROVAL OF WARRANTS AND WIRES — JUNE 23, 2011 TO JUNE 30, 2011 .................3 8.13. CHANGE ORDER NO. 1 — RELEASE OF RETAINAGE 8TH STREET SIDEWALK IMPROVEMENTS FROM U. S. 1 TO 6TH AVENUE, IRC PROJECT No. 0744 ......................3 8.C. REQUEST TO ENTER INTO A REVISED INTERLOCAL AGREEMENT WITH THE CITY OF VERO BEACH FOR THE AVIATION BOULEVARD INTERMODAL ROADWAY IMPROVEMENT PROJECT..........................................................................................4 8.D. DEDICATION OF FPL EASEMENT AND EXECUTION OF FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT FOR CONSTRUCTION OF UNDERGROUND CABLE AND CONDUIT REQUIRED FOR ELECTRICAL POWER TO NORTH COUNTY RECLAIMED WATER STORAGE TANK & REPUMP FACILITY ..............4 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE .................. 5 10. PUBLIC ITEMS............................................................................................................................... 5 10.A. PUBLIC HEARINGS..............................................................................................5 10.A.1. REVISED PAIN MANAGEMENT CLINIC ORDINANCE — IN LIGHT OF NEW STATE LEGISLATION (LEGISLATIVE)................................................................................... 5 l O.A.2. COUNTY COMMISSIONER DISTRICTS — PROPOSED 2011 REDISTRICTING PLAN............ 8 10.B. PUBLIC DISCUSSION ITEMS.............................................................................10 IO.B.l. REQUEST TO SPEAK FROM ASSET RESEARCH &RECOVERY REGARDING IMPACT FEEREFUNDS. a * 6 * a A & a 0 * & * a 0 0 0 a 0 0 9 0 0 9 4 0 0 0 0 0 0 a a 0 * * * * 6 a 0 a 6 * * a 6 * 6 0 4 0 a & & 8 a * & & 0 0 0 * 0 * 6 0 0 a * & 0 0 0 0 0 0 a * a 4 9 6 0 0 6 a * a a & a 0 & 0 v 0 0 4 & & 6 a REQUEST TO SPEAK FROM FRED MENSING REGARDING COUNTY COMMISSIONERS HAVING OR NOT HAVING FULL TIME STAFF ASSISTANT, AND PERMIT & LICENSE ON 60' R/W PRIOR TO WORK BEING PERFORMED BY C. N. KIRRIE on POSTPONED, . a 0 0 6 * 0 0 0 a 6 0 & * * 0 0 6 m & * 0 6 6 6 4 * 6 0 0 * a 0 & a * a 6 a 6 a 0 14 10.C. PUBLIC NOTICE ITEMS - NONE.......................................................................15 1 1. COUNTY ADMINISTRATOR MATTERS -NONE..................................................................15 12. DEPARTMENTAL MATTERS...................................................................................................15 12.A. COMMUNITY DEVELOPMENT —NONE...................................................................... 15 12.B. EMERGENCY SERVICES — NONE..............................................................................15 • 2OX 141 PG 10 ELE I MNS TO THE AGEN: Chairman Solari requested the following changes to today's Agenda. MOVE: ITEM lO.A.l -REVISED PAIN MANAGEMENT CLINIC ORDINANCE - IN LIGHT OF NEW STATE LEGISLATION, FOLLOWING ITEM iO.A.i -COUNTY COMMISSIONER DISTRICTS - PROPOSED 2011 REDISTRICTING PLAN ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Flescher, the Board unanimously approved the Agenda, as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 2011 AS MARINE DEBRIS REMOVAL MONTHININDIANRIVER COUNTY Commissioner Davis read andresented the Proclamation to Captain Don Voss who • p p announced that volunteers for cleanup may go to the website www.marinecleanupinitiativeinc.org for further information. 6. APPROVAL OF MINUTES 6.A. REGULAR MEETING OF JUNE 14.2011 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 14, 2011. There were none. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the Minutes of the Regular Meeting of June 14, 2011, as writt en. • BK 141 PG 107 July 12, 2011 2 7. INFORMATIONAL ITE NOT REQUIRING BOAI 8. CONSENT AGENDA B.A. 'OVAL OF � n !'SAND W >TAFF I 23.20 ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of June 23, 2011 to June 30, 2011, as requested in the memorandum of June 30, 2011. 1 F RETS IRC ON MOTION by Commissioner Flescher, SECONDED by O'Bryan, the Board unanimously approved Change Order No. 1 and payment of Melvin Bush Construction, Inc. Application for Payment No. 2 in the amount of $1,548.89 for release of retainage, as recommended in the memorandum of June 27, 2011. July 12, 2011 3 30.2011 rNo. 0744 •15 12.C. GENERAL SERVICES —NONE 12.D. HUMAN RESOURCES — NONE.................................................................................. 15 12.E. HUMAN SERVICES — NONE......................................................................................15 12.F. LEISURE SERVICES - NONE............................................................................:....... 15 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE** *dose movessom*690 do 15 12.H. RECREATION — NONE.............................................................................................15 12.I. PUBLIC WORKS - NONE......................................................................................... 15 12.J. UTILITIES SERVICES.............................................................................................. 15 12.7.1. AMENDMENT NO. 1 TO WORK ORDER N0. 13 WITH MASTELLER AND MOLER, INC. FOR DESIGN SERVICES ASSOCIATED WITH SR 510 REUSE MAIN EXTENSION TO NORTH BARRIER ISLAND — UCP 4021 ............................................. 16 13. COUNTY ATTORNEY MATTERS............................................................................................16 13.A. SETTLEMENT OFFER ON ABAZIS PARCELS.............................................................. 16 14. COMMISSIONER ITEMS............................................................................................................17 • 14.A. COMMISSIONER BOB SOLARI, CHAIRMAN as NONE ................................................... 17 14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN ............................................ 17 14.B.1. REQUEST FOR DISCUSSION REGARDING THE STAFFING IN THE BOARD OF COUNTY COMMISSION OFFICE......................................................................:........ 17 14.C. COMMISSIONER WESLEY S. DAVIS — NONE............................................................. 18 14.D. COMMISSIONER JOSEPH E. FLESCHER — NONE .................................................04...6.6 18 14.E. COMMISSIONER PETER D. O'BRYAN — NONE........................................................... 18 15. SPECIAL DISTRICTS AND BOARDS ........................ 19 15.A. EMERGENCY SERVICES DISTRICT — NONE...............................................................19 15.B. SOLID WASTE DISPOSAL DISTRICT.........................................................................19 15.B.1. APPROVAL OF MINUTES MEETING OF JUNE 149 2011 ...............................................19 15.13.2. AMENDMENT NO. 3 TO WORK ORDER NO. 9 TO CAMP DRESSER AND MCKEE FOR ENGINEERING SERVICES RELATED TO THE NEW OSLO CUSTOMER CONVENIENCECENTER.......................................................................................... 19 15.C. ENVIRONMENTAL CONTROL BOARD - NONE...........................................................19 3 i4i PG I�4 16. ADJOURNMENT. . 0 & a 6 a a a 6 a & * a & 6 & * a A * A 6 a * a b * a & a 0 0 a A 6 6 & 0 a a 4 6 a 6 6 & a & & 4 & a & 0 6 6 6 a & a 6 a & 6 & 6 6 6 & a a * 6 * 6 0 A 0 a & 6 6 6 a 6 6 0 a 6 0 0 & a 0 6 & # * 0 6 & & a 0 # & 6 a 0 6 a * 6 6 a 6 & 6 * 6 620 • 4 i4��cio • JEFFREY K. BARTON Clerk to the Board July 129 2011 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 27t ' Street, Vero Beach, Florida, on Tuesday, July 12, 2011. Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, d Commissi anoners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Also present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Maria Suesz. 1. CALL TO ORDER Chairman Solari called the meeting to order at 9:00 a.m. 2. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff's Department, delivered the Invocation. F IAN Commissioner O'Bryan led the Pledge of Allegiance to the Flag. July 12, 2011 1 16. ADJOURNMENT. . 0 & a 6 a a a 6 a & * a & 6 & * a A * A 6 a * a b * a & a 0 0 a A 6 6 & 0 a a 4 6 a 6 6 & a & & 4 & a & 0 6 6 6 a & a 6 a & 6 & 6 6 6 & a a * 6 * 6 0 A 0 a & 6 6 6 a 6 6 0 a 6 0 0 & a 0 6 & # * 0 6 & & a 0 # & 6 a 0 6 a * 6 6 a 6 & 6 * 6 620 • 4 i4��cio B. Co REQUEST TO ENTER INTO A REVISED INTERLOCAL AGREEMENT WITH THE CITY OF VERO BEACH FOR THE AvmmN BOULEVARD INTERMODAL . ROADWAYIMPROVEMENT PROJECT ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan, the Board, after considering the revised Interlocal Agreement with the City of Vero Beach regarding the Aviation Boulevard Intermodal Roadway Improvement Project, approved and authorized the Chairman to execute the revised Agreement, as recommended in the memorandum of July 5, 2011. INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD B.D. DEDICATION OF FPL EASEMENT AND EXECUTION OF FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT FOR CONSTRUCTION OF UNDERGROUND CABLE AND CONDUIT REQUIRED FOR ELECTRICAL POWER TO NORTH COUNTY RECLAIMED WATER STORAGE TANK & REPUMP FACILITY ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan, the Board unanimously: (1) approved and authorized the Chairman to execute the Utility Easement and Underground Distribution Facilities Installation Agreement (UDFIA) with Florida Power & Light (FPL); and (2) authorized the County Attorney to record the executed easement, as presented, and as recommended in the memorandum of June 30, 2011. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BIS i 4 l July 12, 2011 4 AGENCIES -NONE 10. PUBLIC ITEMS l O.A. PUBLIC HEARINGS fl TE PAIN AND GO - IN NT PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD - Clerk's Note: Item 10.A.1. was heard following Item 10.A.2. and is placed here for continuity purposes. County Attorney Alan Polackwich, Sr. presented a revised permanent Pain Management Clinic Ordinance for adoption by the Board incorporating the necessary changes that were recently passed into law by the State, as he clearly defined in his memorandum dated July 1, 2011. He advised that an additional change in the new Florida State law merited further discussion by the Board. This law exempted pain management clinics from State registration that are wholly owned and operated by certain pain specialty physicians. He recalled that on July 14th, the Board reached a consensus not to exempt those clinics from requiring a permit, but tabled the decision whether to provide an abbreviated application process because of a 2-2 split vote. He pointed out that the proposed revised ordinance was drafted to include the abbreviated application process. The Chairman opened the Public Hearing. Theresa Tolle, a Pharnlacist from 7746 Bay Street Pharmacy and Horne Health Care in Sebastian, was interested in controlling the problems on the street. Her main concern was having the requirement by this ordinance to dispense no more than 20% of the prescriptions filled during July 12, 2011 �7 `� � �� Q �;. • JEFFREY K. BARTON Clerk to the Board July 129 2011 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 27t ' Street, Vero Beach, Florida, on Tuesday, July 12, 2011. Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, d Commissi anoners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Also present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Maria Suesz. 1. CALL TO ORDER Chairman Solari called the meeting to order at 9:00 a.m. 2. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff's Department, delivered the Invocation. F IAN Commissioner O'Bryan led the Pledge of Allegiance to the Flag. July 12, 2011 1 ELE I MNS TO THE AGEN: Chairman Solari requested the following changes to today's Agenda. MOVE: ITEM lO.A.l -REVISED PAIN MANAGEMENT CLINIC ORDINANCE - IN LIGHT OF NEW STATE LEGISLATION, FOLLOWING ITEM iO.A.i -COUNTY COMMISSIONER DISTRICTS - PROPOSED 2011 REDISTRICTING PLAN ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Flescher, the Board unanimously approved the Agenda, as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 2011 AS MARINE DEBRIS REMOVAL MONTHININDIANRIVER COUNTY Commissioner Davis read andresented the Proclamation to Captain Don Voss who • p p announced that volunteers for cleanup may go to the website www.marinecleanupinitiativeinc.org for further information. 6. APPROVAL OF MINUTES 6.A. REGULAR MEETING OF JUNE 14.2011 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 14, 2011. There were none. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the Minutes of the Regular Meeting of June 14, 2011, as writt en. • BK 141 PG 107 July 12, 2011 2 7. INFORMATIONAL ITE NOT REQUIRING BOAI 8. CONSENT AGENDA B.A. 'OVAL OF � n !'SAND W >TAFF I 23.20 ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of June 23, 2011 to June 30, 2011, as requested in the memorandum of June 30, 2011. 1 F RETS IRC ON MOTION by Commissioner Flescher, SECONDED by O'Bryan, the Board unanimously approved Change Order No. 1 and payment of Melvin Bush Construction, Inc. Application for Payment No. 2 in the amount of $1,548.89 for release of retainage, as recommended in the memorandum of June 27, 2011. July 12, 2011 3 30.2011 rNo. 0744 ELE I MNS TO THE AGEN: Chairman Solari requested the following changes to today's Agenda. MOVE: ITEM lO.A.l -REVISED PAIN MANAGEMENT CLINIC ORDINANCE - IN LIGHT OF NEW STATE LEGISLATION, FOLLOWING ITEM iO.A.i -COUNTY COMMISSIONER DISTRICTS - PROPOSED 2011 REDISTRICTING PLAN ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Flescher, the Board unanimously approved the Agenda, as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 2011 AS MARINE DEBRIS REMOVAL MONTHININDIANRIVER COUNTY Commissioner Davis read andresented the Proclamation to Captain Don Voss who • p p announced that volunteers for cleanup may go to the website www.marinecleanupinitiativeinc.org for further information. 6. APPROVAL OF MINUTES 6.A. REGULAR MEETING OF JUNE 14.2011 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 14, 2011. There were none. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the Minutes of the Regular Meeting of June 14, 2011, as writt en. • BK 141 PG 107 July 12, 2011 2 a 30 -day period, advising that there are more restrictions at the State level. She also pointed out additional requirements in the ordinance may not be necessary with the new requirements that became law by House Bill 7985, effective July 1, 2011. She remained available to questions from the Board. Vice Chairman Wheeler thought Ms. Tolle made a good point and he sought legal advice as to how confusing and inconsistent our ordinance may be in this aspect of the State law. Attorney Polackwich provided a brief background, explaining that when they came up with the 20% they were not sure how efficiently they could enforce it, and the State Legislature did not address pharmacies clearly then as they have today. He did not see a huge problem in eliminating that from the ordinance. Vice Chairman Wheeler thought the number imposed by the Legislature may work more fairly than the 200A Ms. Tolle continued to address the Board regarding hospital regulations and hospice. Commissioner O'Bryan wanted legal advice as to a solution. Discussion continued among the Commissioners and Ms. Tolle who pointed out that she does not want to have to turn away a legitimate patient. Pharmacist Gregory DeCrescenzo at Perkins Indian River Pharmacy, wanted to make it clear that pill mills are a big problem, and he mentioned that his pharmacy has been robbed twice. He explained his type of pharmacy and how he could be challenged by the 20% number. He believed the hospice program would definitely be affected also, but he thought there were enough protections now to do the tracking and protect what they have in place. The Chairman closed the Public Hearing. i41 P6 I!1 July 12, 2011 6 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved to delete from the proposed Ordinance the first sentence in Section 315.07, page 50, regarding 20% of the prescriptions filled at a pharmacy, and delete the proviso that dictated where the 20% would not apply. A SECOND MOTION WAS MADE by Commissioner Davis, SECONDED by Chairman Solari, to approve the abbreviated form. Discussion ensued by each Commissioner who shared their concerns and opinions regarding the difference between having the abbreviated form an d the extended application form. Commissioner Davis said he would like to evaluate this issue again in six months. The Chairman CALLED THE QUESTION and by a 3-2 vote (Commissioners Flescher and O'Bryan opposed), the Board: 1) approved the abbreviated permit application form; and 2) adopted the proposed Ordinance 2011-006, eliminating the criteria of 20% in the dispensing of controlled substance by pharmacies, and deleting the proviso in Section 315.07; amending Chapter 315 of the Code of Indian River County entitled "The Indian River County Pain Management Clinic and Controlled Substances Ordinance"; regulating and prohibiting certain activities relating to the operation of certain pain management clinics and pharmacies which prescribe or dispense controlled substances; and providing for severability, a general repealer and an effective date. Chairman Solari called for a recess at 10:31 a.m. and reconvened the meeting at 10: =l2 a.m. with all members present. 14lPGIIZ July 12, 2011 7 7. INFORMATIONAL ITE NOT REQUIRING BOAI 8. CONSENT AGENDA B.A. 'OVAL OF � n !'SAND W >TAFF I 23.20 ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of June 23, 2011 to June 30, 2011, as requested in the memorandum of June 30, 2011. 1 F RETS IRC ON MOTION by Commissioner Flescher, SECONDED by O'Bryan, the Board unanimously approved Change Order No. 1 and payment of Melvin Bush Construction, Inc. Application for Payment No. 2 in the amount of $1,548.89 for release of retainage, as recommended in the memorandum of June 27, 2011. July 12, 2011 3 30.2011 rNo. 0744 B. Co REQUEST TO ENTER INTO A REVISED INTERLOCAL AGREEMENT WITH THE CITY OF VERO BEACH FOR THE AvmmN BOULEVARD INTERMODAL . ROADWAYIMPROVEMENT PROJECT ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan, the Board, after considering the revised Interlocal Agreement with the City of Vero Beach regarding the Aviation Boulevard Intermodal Roadway Improvement Project, approved and authorized the Chairman to execute the revised Agreement, as recommended in the memorandum of July 5, 2011. INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD B.D. DEDICATION OF FPL EASEMENT AND EXECUTION OF FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT FOR CONSTRUCTION OF UNDERGROUND CABLE AND CONDUIT REQUIRED FOR ELECTRICAL POWER TO NORTH COUNTY RECLAIMED WATER STORAGE TANK & REPUMP FACILITY ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan, the Board unanimously: (1) approved and authorized the Chairman to execute the Utility Easement and Underground Distribution Facilities Installation Agreement (UDFIA) with Florida Power & Light (FPL); and (2) authorized the County Attorney to record the executed easement, as presented, and as recommended in the memorandum of June 30, 2011. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BIS i 4 l July 12, 2011 4 AGENCIES -NONE 10. PUBLIC ITEMS l O.A. PUBLIC HEARINGS fl TE PAIN AND GO - IN NT PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD - Clerk's Note: Item 10.A.1. was heard following Item 10.A.2. and is placed here for continuity purposes. County Attorney Alan Polackwich, Sr. presented a revised permanent Pain Management Clinic Ordinance for adoption by the Board incorporating the necessary changes that were recently passed into law by the State, as he clearly defined in his memorandum dated July 1, 2011. He advised that an additional change in the new Florida State law merited further discussion by the Board. This law exempted pain management clinics from State registration that are wholly owned and operated by certain pain specialty physicians. He recalled that on July 14th, the Board reached a consensus not to exempt those clinics from requiring a permit, but tabled the decision whether to provide an abbreviated application process because of a 2-2 split vote. He pointed out that the proposed revised ordinance was drafted to include the abbreviated application process. The Chairman opened the Public Hearing. Theresa Tolle, a Pharnlacist from 7746 Bay Street Pharmacy and Horne Health Care in Sebastian, was interested in controlling the problems on the street. Her main concern was having the requirement by this ordinance to dispense no more than 20% of the prescriptions filled during July 12, 2011 �7 `� � �� Q �;. B. Co REQUEST TO ENTER INTO A REVISED INTERLOCAL AGREEMENT WITH THE CITY OF VERO BEACH FOR THE AvmmN BOULEVARD INTERMODAL . ROADWAYIMPROVEMENT PROJECT ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan, the Board, after considering the revised Interlocal Agreement with the City of Vero Beach regarding the Aviation Boulevard Intermodal Roadway Improvement Project, approved and authorized the Chairman to execute the revised Agreement, as recommended in the memorandum of July 5, 2011. INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD B.D. DEDICATION OF FPL EASEMENT AND EXECUTION OF FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT FOR CONSTRUCTION OF UNDERGROUND CABLE AND CONDUIT REQUIRED FOR ELECTRICAL POWER TO NORTH COUNTY RECLAIMED WATER STORAGE TANK & REPUMP FACILITY ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan, the Board unanimously: (1) approved and authorized the Chairman to execute the Utility Easement and Underground Distribution Facilities Installation Agreement (UDFIA) with Florida Power & Light (FPL); and (2) authorized the County Attorney to record the executed easement, as presented, and as recommended in the memorandum of June 30, 2011. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BIS i 4 l July 12, 2011 4 l U,A.2. COUNTY COMMISSIONER DISTRICTS - PROPOSED 2011 REDISTRICTING PLAN • PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK.TO THE BOARD Attorney Polackwich announced that this was the first of four Public Hearings to discuss redistricting. He presented the proposed written redistricting plan, including the changes as discussed at the Board's June 21, 2011 meeting. He stated the purpose of the plan was to set forth criteria for staff to use to reconfigure the districts and also serve as an informational document for the public. He reviewed the changes of narrowing the deviation between the largest district and the smallest district down to a 6% spread, removing the School Board criteria that the districts shall try to follow school boundaries, and added the criteria that municipalities shall be included in a single district, instead of two districts. Discussion ensued by Commissioner Flescher who did not believe that one District fora • city would be obtainable, particularly in the City of Sebastian. Attorney Polackwich responded that nothing is mandatory, advising that the only Constitutional criteria was the Districts be contiguous and as equal in population as practicable. He pointed out that the County Districts are not like Federal or State Districts where representatives are elected by voters in their districts. Here everyone is elected at large by all County voters. Vice Chairman Wheeler felt the Board was taking a very simple process and making it difficult, but Chairman Solari disagreed. He felt the moment the Board did not take something seriously, someone else would, and he congratulated Attorney Polackwich for his demonstration of clarity on this issue and in getting the Board off to a good start. Commissioner O'Bryan agreed that this would be an interesting and relatively simple process and mentioned that the Board was considering only the total number of heads -in -beds. • BK 141 PG 113 July 12, 2011 8 aThe Chairman opened the Public Hearing. Representative Debbie Mayfield, District 29, briefed the Board that thirty State ined hearings are scheduled for the purpose of obtaining public input. She explahow House members are divided into four committees, their roles, and the criteria in redistricting at the State level, adding that this will be the most open and transparent process the State has ever seen. She stated they will not be drawing districts to favor any particular party, nor will they be drawing districts to keep current incumbents in office. She also discussed some ideas with the Chambers of Commerce on how they would like our district to look, and came up with the idea to keep all of Indian River County (13 8,000 population), and splitting 8,000 of the population between St. Lucie and Brevard Counties, so the representative would be part of the delegation in all three counties, giving Indian River more support in each district. She asked that anyone who had comments or questions to call the State office or visit www.mybuilder.gov, where they could view the breakdown. She remained available for questions. . Richard Gilmore, City of Sebastian City Council, believed the City of Sebastian would have a problem with the criteria (7) regarding municipalities being served by one Commissioner, and he did not want to see the City of Sebastian marginalized. He suggested by shrinking some of the districts a little bit, they could balance out the districts. It would not be a huge change, but it would be fair. Commissioner O'Bryan asked Mr. Gilmore to spread the word and encourage residents to attend the Public Hearing scheduled on September 20t' in the City of Sebastian Chairman Solari asked Mayor Kramer, City of Vero Beach, to also mention to his City Council to encourage as man y as possible of Vero Beach Citizens to attend one of the Public Hearings. Tom Hill, Resident of the City of Sebastian, urged the Board when they are drawing the district lines to give some thought to the agricultural land and the problems they face in the • County in order for them to have a representative that understands their problems. BK 141 PG 114 July 12, 2011 9 AGENCIES -NONE 10. PUBLIC ITEMS l O.A. PUBLIC HEARINGS fl TE PAIN AND GO - IN NT PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD - Clerk's Note: Item 10.A.1. was heard following Item 10.A.2. and is placed here for continuity purposes. County Attorney Alan Polackwich, Sr. presented a revised permanent Pain Management Clinic Ordinance for adoption by the Board incorporating the necessary changes that were recently passed into law by the State, as he clearly defined in his memorandum dated July 1, 2011. He advised that an additional change in the new Florida State law merited further discussion by the Board. This law exempted pain management clinics from State registration that are wholly owned and operated by certain pain specialty physicians. He recalled that on July 14th, the Board reached a consensus not to exempt those clinics from requiring a permit, but tabled the decision whether to provide an abbreviated application process because of a 2-2 split vote. He pointed out that the proposed revised ordinance was drafted to include the abbreviated application process. The Chairman opened the Public Hearing. Theresa Tolle, a Pharnlacist from 7746 Bay Street Pharmacy and Horne Health Care in Sebastian, was interested in controlling the problems on the street. Her main concern was having the requirement by this ordinance to dispense no more than 20% of the prescriptions filled during July 12, 2011 �7 `� � �� Q �;. a 30 -day period, advising that there are more restrictions at the State level. She also pointed out additional requirements in the ordinance may not be necessary with the new requirements that became law by House Bill 7985, effective July 1, 2011. She remained available to questions from the Board. Vice Chairman Wheeler thought Ms. Tolle made a good point and he sought legal advice as to how confusing and inconsistent our ordinance may be in this aspect of the State law. Attorney Polackwich provided a brief background, explaining that when they came up with the 20% they were not sure how efficiently they could enforce it, and the State Legislature did not address pharmacies clearly then as they have today. He did not see a huge problem in eliminating that from the ordinance. Vice Chairman Wheeler thought the number imposed by the Legislature may work more fairly than the 200A Ms. Tolle continued to address the Board regarding hospital regulations and hospice. Commissioner O'Bryan wanted legal advice as to a solution. Discussion continued among the Commissioners and Ms. Tolle who pointed out that she does not want to have to turn away a legitimate patient. Pharmacist Gregory DeCrescenzo at Perkins Indian River Pharmacy, wanted to make it clear that pill mills are a big problem, and he mentioned that his pharmacy has been robbed twice. He explained his type of pharmacy and how he could be challenged by the 20% number. He believed the hospice program would definitely be affected also, but he thought there were enough protections now to do the tracking and protect what they have in place. The Chairman closed the Public Hearing. i41 P6 I!1 July 12, 2011 6 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved to delete from the proposed Ordinance the first sentence in Section 315.07, page 50, regarding 20% of the prescriptions filled at a pharmacy, and delete the proviso that dictated where the 20% would not apply. A SECOND MOTION WAS MADE by Commissioner Davis, SECONDED by Chairman Solari, to approve the abbreviated form. Discussion ensued by each Commissioner who shared their concerns and opinions regarding the difference between having the abbreviated form an d the extended application form. Commissioner Davis said he would like to evaluate this issue again in six months. The Chairman CALLED THE QUESTION and by a 3-2 vote (Commissioners Flescher and O'Bryan opposed), the Board: 1) approved the abbreviated permit application form; and 2) adopted the proposed Ordinance 2011-006, eliminating the criteria of 20% in the dispensing of controlled substance by pharmacies, and deleting the proviso in Section 315.07; amending Chapter 315 of the Code of Indian River County entitled "The Indian River County Pain Management Clinic and Controlled Substances Ordinance"; regulating and prohibiting certain activities relating to the operation of certain pain management clinics and pharmacies which prescribe or dispense controlled substances; and providing for severability, a general repealer and an effective date. Chairman Solari called for a recess at 10:31 a.m. and reconvened the meeting at 10: =l2 a.m. with all members present. 14lPGIIZ July 12, 2011 7 a 30 -day period, advising that there are more restrictions at the State level. She also pointed out additional requirements in the ordinance may not be necessary with the new requirements that became law by House Bill 7985, effective July 1, 2011. She remained available to questions from the Board. Vice Chairman Wheeler thought Ms. Tolle made a good point and he sought legal advice as to how confusing and inconsistent our ordinance may be in this aspect of the State law. Attorney Polackwich provided a brief background, explaining that when they came up with the 20% they were not sure how efficiently they could enforce it, and the State Legislature did not address pharmacies clearly then as they have today. He did not see a huge problem in eliminating that from the ordinance. Vice Chairman Wheeler thought the number imposed by the Legislature may work more fairly than the 200A Ms. Tolle continued to address the Board regarding hospital regulations and hospice. Commissioner O'Bryan wanted legal advice as to a solution. Discussion continued among the Commissioners and Ms. Tolle who pointed out that she does not want to have to turn away a legitimate patient. Pharmacist Gregory DeCrescenzo at Perkins Indian River Pharmacy, wanted to make it clear that pill mills are a big problem, and he mentioned that his pharmacy has been robbed twice. He explained his type of pharmacy and how he could be challenged by the 20% number. He believed the hospice program would definitely be affected also, but he thought there were enough protections now to do the tracking and protect what they have in place. The Chairman closed the Public Hearing. i41 P6 I!1 July 12, 2011 6 Ruth Sullivan, 1215 Indian River Drive, Sebastian, stated she had been in politics for • many years and as the Board to be realistic, pointing out that representatives elected in an area are more sensitive to the issues in that particular area, and that she was not happy to hear that her area (Sebastian) would be redistricted from two commissioners to one. There being no additional speakers, the Chairman closed the Public Hearing. Chairman Solari reminded everybody that the Board will be holding three more Public Hearings regarding this issue. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Commissioner Flescher, to eliminate the criteria (7) that Municipalities shall be included within a single district and move forward with the other criteria as wrI tten. Under discussion, Conunissioner Davis commented that he would like to see clearer defined boundaries. The Chairman CALLED THE QUESTION and the Motion carried unanimously. IO.B. PUBLICDISCUSSIONITEMS 10.8.1. REQUEST TO SPEAK FROM ASSET RESEARCH c�c RECOi�ERY REGARDING IMPACT FEE REFUNDS Charlie Wilson, Asset Research and Recovery, Inc. was accompanied by two people on his team, Annabel Robertson, who reviewed the legal aspects of impact fees, and Steven Deardorff, who explained the aspects of Fund 101 traffic impact fee benefits of nine districts, in a five part presentation. • BK 141 PG 115 July 12, 2011 10 Mr. Wilson discovered multiple refunds held by Indian River County that should have been returned to the citizens of Indian River County. He made it clear that many people would find it impossible to find these funds on their own. He displayed a Chart (Fund 10 1) showing the Board that there are, in fact, impact fees available in the past, currently, and in the future in Indian River County, and he showed that a system mechanism was in place that discourages citizens from collecting refunds that are due and have been promised to them: Mr. Wilson addressed the following issues for future discussion: Nexus of proof vs. good idea • Capacity for new residents for impact they cause Burden of proof to Indian River County Accounting for interest accrued/income Expenditures not expended correctly must be returned 6 years or 6 years and 1 quarter inconsistencies within the Code New Administrative rules inconsistent with Indian River County policy • In summary, Mr. Wilson requested that this issue not affect the General Fund or employees' salaries. He pleaded to the Board to reopen the application window allowing property owners to apply for a refund from Fund 101, and recommended that the Board waive the $200 request for refund fee, or at least charge the $200 only upon the issuance of the refund. Administrator Joseph Baird responded to Mr. Wilson's presentation by explaining that the creation of Fund 101 was when impact fees were established in 1986, and advised that the Chart Mr. Wilson displayed was the County's Chart that currently is made available monthly on the County website. He acknowledged that there are funds were in the account, and that the County has not expended any of them. With another look at the Chart he was able to show that the County collected $25 million in impact fees and spent $27 million with the interest income, and stated that they still have an obligation to widen 17th Street intersection. He said that most of the $3 million came from big builders who had to complete contracts before the refund would be made. Administrator Baird had no problem with waiving the $200 refund request fee, if that was Ou Un !4I PG 116 July 12, 2011 11 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved to delete from the proposed Ordinance the first sentence in Section 315.07, page 50, regarding 20% of the prescriptions filled at a pharmacy, and delete the proviso that dictated where the 20% would not apply. A SECOND MOTION WAS MADE by Commissioner Davis, SECONDED by Chairman Solari, to approve the abbreviated form. Discussion ensued by each Commissioner who shared their concerns and opinions regarding the difference between having the abbreviated form an d the extended application form. Commissioner Davis said he would like to evaluate this issue again in six months. The Chairman CALLED THE QUESTION and by a 3-2 vote (Commissioners Flescher and O'Bryan opposed), the Board: 1) approved the abbreviated permit application form; and 2) adopted the proposed Ordinance 2011-006, eliminating the criteria of 20% in the dispensing of controlled substance by pharmacies, and deleting the proviso in Section 315.07; amending Chapter 315 of the Code of Indian River County entitled "The Indian River County Pain Management Clinic and Controlled Substances Ordinance"; regulating and prohibiting certain activities relating to the operation of certain pain management clinics and pharmacies which prescribe or dispense controlled substances; and providing for severability, a general repealer and an effective date. Chairman Solari called for a recess at 10:31 a.m. and reconvened the meeting at 10: =l2 a.m. with all members present. 14lPGIIZ July 12, 2011 7 l U,A.2. COUNTY COMMISSIONER DISTRICTS - PROPOSED 2011 REDISTRICTING PLAN • PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK.TO THE BOARD Attorney Polackwich announced that this was the first of four Public Hearings to discuss redistricting. He presented the proposed written redistricting plan, including the changes as discussed at the Board's June 21, 2011 meeting. He stated the purpose of the plan was to set forth criteria for staff to use to reconfigure the districts and also serve as an informational document for the public. He reviewed the changes of narrowing the deviation between the largest district and the smallest district down to a 6% spread, removing the School Board criteria that the districts shall try to follow school boundaries, and added the criteria that municipalities shall be included in a single district, instead of two districts. Discussion ensued by Commissioner Flescher who did not believe that one District fora • city would be obtainable, particularly in the City of Sebastian. Attorney Polackwich responded that nothing is mandatory, advising that the only Constitutional criteria was the Districts be contiguous and as equal in population as practicable. He pointed out that the County Districts are not like Federal or State Districts where representatives are elected by voters in their districts. Here everyone is elected at large by all County voters. Vice Chairman Wheeler felt the Board was taking a very simple process and making it difficult, but Chairman Solari disagreed. He felt the moment the Board did not take something seriously, someone else would, and he congratulated Attorney Polackwich for his demonstration of clarity on this issue and in getting the Board off to a good start. Commissioner O'Bryan agreed that this would be an interesting and relatively simple process and mentioned that the Board was considering only the total number of heads -in -beds. • BK 141 PG 113 July 12, 2011 8 aThe Chairman opened the Public Hearing. Representative Debbie Mayfield, District 29, briefed the Board that thirty State ined hearings are scheduled for the purpose of obtaining public input. She explahow House members are divided into four committees, their roles, and the criteria in redistricting at the State level, adding that this will be the most open and transparent process the State has ever seen. She stated they will not be drawing districts to favor any particular party, nor will they be drawing districts to keep current incumbents in office. She also discussed some ideas with the Chambers of Commerce on how they would like our district to look, and came up with the idea to keep all of Indian River County (13 8,000 population), and splitting 8,000 of the population between St. Lucie and Brevard Counties, so the representative would be part of the delegation in all three counties, giving Indian River more support in each district. She asked that anyone who had comments or questions to call the State office or visit www.mybuilder.gov, where they could view the breakdown. She remained available for questions. . Richard Gilmore, City of Sebastian City Council, believed the City of Sebastian would have a problem with the criteria (7) regarding municipalities being served by one Commissioner, and he did not want to see the City of Sebastian marginalized. He suggested by shrinking some of the districts a little bit, they could balance out the districts. It would not be a huge change, but it would be fair. Commissioner O'Bryan asked Mr. Gilmore to spread the word and encourage residents to attend the Public Hearing scheduled on September 20t' in the City of Sebastian Chairman Solari asked Mayor Kramer, City of Vero Beach, to also mention to his City Council to encourage as man y as possible of Vero Beach Citizens to attend one of the Public Hearings. Tom Hill, Resident of the City of Sebastian, urged the Board when they are drawing the district lines to give some thought to the agricultural land and the problems they face in the • County in order for them to have a representative that understands their problems. BK 141 PG 114 July 12, 2011 9 l U,A.2. COUNTY COMMISSIONER DISTRICTS - PROPOSED 2011 REDISTRICTING PLAN • PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK.TO THE BOARD Attorney Polackwich announced that this was the first of four Public Hearings to discuss redistricting. He presented the proposed written redistricting plan, including the changes as discussed at the Board's June 21, 2011 meeting. He stated the purpose of the plan was to set forth criteria for staff to use to reconfigure the districts and also serve as an informational document for the public. He reviewed the changes of narrowing the deviation between the largest district and the smallest district down to a 6% spread, removing the School Board criteria that the districts shall try to follow school boundaries, and added the criteria that municipalities shall be included in a single district, instead of two districts. Discussion ensued by Commissioner Flescher who did not believe that one District fora • city would be obtainable, particularly in the City of Sebastian. Attorney Polackwich responded that nothing is mandatory, advising that the only Constitutional criteria was the Districts be contiguous and as equal in population as practicable. He pointed out that the County Districts are not like Federal or State Districts where representatives are elected by voters in their districts. Here everyone is elected at large by all County voters. Vice Chairman Wheeler felt the Board was taking a very simple process and making it difficult, but Chairman Solari disagreed. He felt the moment the Board did not take something seriously, someone else would, and he congratulated Attorney Polackwich for his demonstration of clarity on this issue and in getting the Board off to a good start. Commissioner O'Bryan agreed that this would be an interesting and relatively simple process and mentioned that the Board was considering only the total number of heads -in -beds. • BK 141 PG 113 July 12, 2011 8 the desire of the Board, and he explained that he did not have the authority to circumvent an Ordinance. • The Chairman opened the floor to the public. Tim Zorc, Treasure Coast Builders Association, disclosed lus relationship with Asset Recovery dealing with them in the building community. He admitted that he never read the refund terminology clearly, which was a big mistake on his part. He wanted to know what prompted the January 13, 2011 change to put different restrictions on a refund policy. He noticed that very few people who applied for a refund had paid the $200 fee, and he questioned why it was inconsistent. He saw a lot of issues that needed clarification, even around the State, on how a refund is actually paid. Deborah Sealey, an employee of Asset Research and Recovery, said that she handles correspondence, and discussed individual questions received from different types of the public, mostly seniors, pointing out the lack of knowledge of what is an impact fee, and they cannot conceive how they would receive something back. She told the Board that Asset Research has a . responsibility to the people they represent, and the Board has responsibility to everyone and requested the Board to reopen the refund period and return those refunds to those entitled to it. Keith Kite, 1045 Winding River Road, Vero Beach, agreed with Administrator Baird, but he also agreed that citizens cannot track the impact fees. He just realized that he has a $1,400 refund from when he built his house in District 2 in 1997. Although he tries to track his impact fees, he could not find it. Clerk's Note: At this point in the meeting Mr. Mensing diverged from the subject Item to announce that he had to leave, and he asked that his Item 10.B.2. be postponed until the next Board meeting. The Chairman acknowledged his request. Chairman Solari asked for comments from the Commissioners. BK !4! PG 1 !7 July 12, 2011 12 Questions were posed to staff whereby the Board learned that the funds could be . allocated anywhere in the old District 2, and that the acquisition of a right-of-way has been holding up the 17th Street intersection. Charlie Wilson debated the matter, with input from Ms. Robertson, that the Ordinance limits the funds to be used only on County roads, and that 17th Street was a State road that never falls below Level of Service D to warrant a widening project. Administrator Baird clarified that they are very careful not to use impact fees; instead they use the gas tax. Chairman Solari defined the two recommendations made by Mr. Wilson and his staff for the Board Discussion ensued by Director of Management and Budget Jason Brown who commented on the activity from the old 101 Fund, and the six-year requirement. Administrator Baird • discussed concurrency certificates, and vouched that he followed the Ordinance and disagreed totally with Mr. Wilson. Mr. Wilson and Ms. Robertson debated the issue further. Chairman Solari directed the County Attorney to look into the matter. Renee Renzi, 340 Waverly Place, inquired how someone would know the amount of impact fees they paid, an d with whom they should apply for a refund. Dale Simchick, Sebastian, Florida, wanted to make sure that the public was aware there there also are refunds in utilities, and she asked that those refunds be posted, as well. Mr. Deardorff posed questions to Director Brown regarding procedures the County follows in allocating impact fee funds. July 12, 2011 13 aThe Chairman opened the Public Hearing. Representative Debbie Mayfield, District 29, briefed the Board that thirty State ined hearings are scheduled for the purpose of obtaining public input. She explahow House members are divided into four committees, their roles, and the criteria in redistricting at the State level, adding that this will be the most open and transparent process the State has ever seen. She stated they will not be drawing districts to favor any particular party, nor will they be drawing districts to keep current incumbents in office. She also discussed some ideas with the Chambers of Commerce on how they would like our district to look, and came up with the idea to keep all of Indian River County (13 8,000 population), and splitting 8,000 of the population between St. Lucie and Brevard Counties, so the representative would be part of the delegation in all three counties, giving Indian River more support in each district. She asked that anyone who had comments or questions to call the State office or visit www.mybuilder.gov, where they could view the breakdown. She remained available for questions. . Richard Gilmore, City of Sebastian City Council, believed the City of Sebastian would have a problem with the criteria (7) regarding municipalities being served by one Commissioner, and he did not want to see the City of Sebastian marginalized. He suggested by shrinking some of the districts a little bit, they could balance out the districts. It would not be a huge change, but it would be fair. Commissioner O'Bryan asked Mr. Gilmore to spread the word and encourage residents to attend the Public Hearing scheduled on September 20t' in the City of Sebastian Chairman Solari asked Mayor Kramer, City of Vero Beach, to also mention to his City Council to encourage as man y as possible of Vero Beach Citizens to attend one of the Public Hearings. Tom Hill, Resident of the City of Sebastian, urged the Board when they are drawing the district lines to give some thought to the agricultural land and the problems they face in the • County in order for them to have a representative that understands their problems. BK 141 PG 114 July 12, 2011 9 Ruth Sullivan, 1215 Indian River Drive, Sebastian, stated she had been in politics for • many years and as the Board to be realistic, pointing out that representatives elected in an area are more sensitive to the issues in that particular area, and that she was not happy to hear that her area (Sebastian) would be redistricted from two commissioners to one. There being no additional speakers, the Chairman closed the Public Hearing. Chairman Solari reminded everybody that the Board will be holding three more Public Hearings regarding this issue. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Commissioner Flescher, to eliminate the criteria (7) that Municipalities shall be included within a single district and move forward with the other criteria as wrI tten. Under discussion, Conunissioner Davis commented that he would like to see clearer defined boundaries. The Chairman CALLED THE QUESTION and the Motion carried unanimously. IO.B. PUBLICDISCUSSIONITEMS 10.8.1. REQUEST TO SPEAK FROM ASSET RESEARCH c�c RECOi�ERY REGARDING IMPACT FEE REFUNDS Charlie Wilson, Asset Research and Recovery, Inc. was accompanied by two people on his team, Annabel Robertson, who reviewed the legal aspects of impact fees, and Steven Deardorff, who explained the aspects of Fund 101 traffic impact fee benefits of nine districts, in a five part presentation. • BK 141 PG 115 July 12, 2011 10 Mr. Wilson discovered multiple refunds held by Indian River County that should have been returned to the citizens of Indian River County. He made it clear that many people would find it impossible to find these funds on their own. He displayed a Chart (Fund 10 1) showing the Board that there are, in fact, impact fees available in the past, currently, and in the future in Indian River County, and he showed that a system mechanism was in place that discourages citizens from collecting refunds that are due and have been promised to them: Mr. Wilson addressed the following issues for future discussion: Nexus of proof vs. good idea • Capacity for new residents for impact they cause Burden of proof to Indian River County Accounting for interest accrued/income Expenditures not expended correctly must be returned 6 years or 6 years and 1 quarter inconsistencies within the Code New Administrative rules inconsistent with Indian River County policy • In summary, Mr. Wilson requested that this issue not affect the General Fund or employees' salaries. He pleaded to the Board to reopen the application window allowing property owners to apply for a refund from Fund 101, and recommended that the Board waive the $200 request for refund fee, or at least charge the $200 only upon the issuance of the refund. Administrator Joseph Baird responded to Mr. Wilson's presentation by explaining that the creation of Fund 101 was when impact fees were established in 1986, and advised that the Chart Mr. Wilson displayed was the County's Chart that currently is made available monthly on the County website. He acknowledged that there are funds were in the account, and that the County has not expended any of them. With another look at the Chart he was able to show that the County collected $25 million in impact fees and spent $27 million with the interest income, and stated that they still have an obligation to widen 17th Street intersection. He said that most of the $3 million came from big builders who had to complete contracts before the refund would be made. Administrator Baird had no problem with waiving the $200 refund request fee, if that was Ou Un !4I PG 116 July 12, 2011 11 Ruth Sullivan, 1215 Indian River Drive, Sebastian, stated she had been in politics for • many years and as the Board to be realistic, pointing out that representatives elected in an area are more sensitive to the issues in that particular area, and that she was not happy to hear that her area (Sebastian) would be redistricted from two commissioners to one. There being no additional speakers, the Chairman closed the Public Hearing. Chairman Solari reminded everybody that the Board will be holding three more Public Hearings regarding this issue. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Commissioner Flescher, to eliminate the criteria (7) that Municipalities shall be included within a single district and move forward with the other criteria as wrI tten. Under discussion, Conunissioner Davis commented that he would like to see clearer defined boundaries. The Chairman CALLED THE QUESTION and the Motion carried unanimously. IO.B. PUBLICDISCUSSIONITEMS 10.8.1. REQUEST TO SPEAK FROM ASSET RESEARCH c�c RECOi�ERY REGARDING IMPACT FEE REFUNDS Charlie Wilson, Asset Research and Recovery, Inc. was accompanied by two people on his team, Annabel Robertson, who reviewed the legal aspects of impact fees, and Steven Deardorff, who explained the aspects of Fund 101 traffic impact fee benefits of nine districts, in a five part presentation. • BK 141 PG 115 July 12, 2011 10 Mr. Wilson wanted to address the issue that the interest was paid based on the impact fee revenues, and stated that his position was that the County cannot carry forward the interest. • Chairman Solari clarified the direction that he believed the Board should take. MOTION WAS MADE by Conunissioner O'Bryan, SECONDED by Commissioner Flescher, to direct the County Attorney to review issues brought up today and to report back to the Board. Vice Chairman Wheeler agreed with the Motion and also wanted to revisit and cleanup the Ordinance. The CHAIRMAN CALLED THE QUESTION and the Motion carried unanimously. ON MOTION by Vice Chairman Wheeler, SECONDED • by Commissioner Davis, the Board unanimously directed staff to review the impact fee Ordinance, to modify the language to provide some consideration that would benefit the individual homeowners, an d secondly devise a way to track the expiration dates of impact fees and provide notice to individuals. Chairnian Solari called for a recess at 12:14 p.m. and reconvened the meeting at 12:24 p.m. with all members present. IO.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING COUNTY COMMISSIONERS HAVING OR NOT HAVING FULL TIME STAFFASSISTANT, AND PERMIT A LICENSE ON 6O' R/W PRIOR TO WORK BEING PERFORMED BY C. N. KIRRIE - POSTPONED • noun 141 PG 1 1 9 July 12, 2011 14 • This Item was postponed until the next Board of County Commission meeting at the request of Mr. Mensing. See Item 10.B.1. 10. Co PUBLICNOTICE ITEMS-NONE 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITYDEVELOPMENT - NONE 12.B. EMERGENCY SERVICES - NONE •12,C GENERAL SER VICES - NONE 12.D. HUMANRESOURCES =NONE 12.E. HUMANSERVICES - NONE 129F* LEISURE SER VICES - NONE 12. G. OFFICE OF MANAGEMENT AND B UDGET - NONE 12.H. RECREATION-NONE 12.I. PUBLIC WORKS = NONE 12..I. UTILITIES SERVICES BK 141 PG 120 July 12, 2011 15 Mr. Wilson discovered multiple refunds held by Indian River County that should have been returned to the citizens of Indian River County. He made it clear that many people would find it impossible to find these funds on their own. He displayed a Chart (Fund 10 1) showing the Board that there are, in fact, impact fees available in the past, currently, and in the future in Indian River County, and he showed that a system mechanism was in place that discourages citizens from collecting refunds that are due and have been promised to them: Mr. Wilson addressed the following issues for future discussion: Nexus of proof vs. good idea • Capacity for new residents for impact they cause Burden of proof to Indian River County Accounting for interest accrued/income Expenditures not expended correctly must be returned 6 years or 6 years and 1 quarter inconsistencies within the Code New Administrative rules inconsistent with Indian River County policy • In summary, Mr. Wilson requested that this issue not affect the General Fund or employees' salaries. He pleaded to the Board to reopen the application window allowing property owners to apply for a refund from Fund 101, and recommended that the Board waive the $200 request for refund fee, or at least charge the $200 only upon the issuance of the refund. Administrator Joseph Baird responded to Mr. Wilson's presentation by explaining that the creation of Fund 101 was when impact fees were established in 1986, and advised that the Chart Mr. Wilson displayed was the County's Chart that currently is made available monthly on the County website. He acknowledged that there are funds were in the account, and that the County has not expended any of them. With another look at the Chart he was able to show that the County collected $25 million in impact fees and spent $27 million with the interest income, and stated that they still have an obligation to widen 17th Street intersection. He said that most of the $3 million came from big builders who had to complete contracts before the refund would be made. Administrator Baird had no problem with waiving the $200 refund request fee, if that was Ou Un !4I PG 116 July 12, 2011 11 the desire of the Board, and he explained that he did not have the authority to circumvent an Ordinance. • The Chairman opened the floor to the public. Tim Zorc, Treasure Coast Builders Association, disclosed lus relationship with Asset Recovery dealing with them in the building community. He admitted that he never read the refund terminology clearly, which was a big mistake on his part. He wanted to know what prompted the January 13, 2011 change to put different restrictions on a refund policy. He noticed that very few people who applied for a refund had paid the $200 fee, and he questioned why it was inconsistent. He saw a lot of issues that needed clarification, even around the State, on how a refund is actually paid. Deborah Sealey, an employee of Asset Research and Recovery, said that she handles correspondence, and discussed individual questions received from different types of the public, mostly seniors, pointing out the lack of knowledge of what is an impact fee, and they cannot conceive how they would receive something back. She told the Board that Asset Research has a . responsibility to the people they represent, and the Board has responsibility to everyone and requested the Board to reopen the refund period and return those refunds to those entitled to it. Keith Kite, 1045 Winding River Road, Vero Beach, agreed with Administrator Baird, but he also agreed that citizens cannot track the impact fees. He just realized that he has a $1,400 refund from when he built his house in District 2 in 1997. Although he tries to track his impact fees, he could not find it. Clerk's Note: At this point in the meeting Mr. Mensing diverged from the subject Item to announce that he had to leave, and he asked that his Item 10.B.2. be postponed until the next Board meeting. The Chairman acknowledged his request. Chairman Solari asked for comments from the Commissioners. BK !4! PG 1 !7 July 12, 2011 12 Questions were posed to staff whereby the Board learned that the funds could be . allocated anywhere in the old District 2, and that the acquisition of a right-of-way has been holding up the 17th Street intersection. Charlie Wilson debated the matter, with input from Ms. Robertson, that the Ordinance limits the funds to be used only on County roads, and that 17th Street was a State road that never falls below Level of Service D to warrant a widening project. Administrator Baird clarified that they are very careful not to use impact fees; instead they use the gas tax. Chairman Solari defined the two recommendations made by Mr. Wilson and his staff for the Board Discussion ensued by Director of Management and Budget Jason Brown who commented on the activity from the old 101 Fund, and the six-year requirement. Administrator Baird • discussed concurrency certificates, and vouched that he followed the Ordinance and disagreed totally with Mr. Wilson. Mr. Wilson and Ms. Robertson debated the issue further. Chairman Solari directed the County Attorney to look into the matter. Renee Renzi, 340 Waverly Place, inquired how someone would know the amount of impact fees they paid, an d with whom they should apply for a refund. Dale Simchick, Sebastian, Florida, wanted to make sure that the public was aware there there also are refunds in utilities, and she asked that those refunds be posted, as well. Mr. Deardorff posed questions to Director Brown regarding procedures the County follows in allocating impact fee funds. July 12, 2011 13 the desire of the Board, and he explained that he did not have the authority to circumvent an Ordinance. • The Chairman opened the floor to the public. Tim Zorc, Treasure Coast Builders Association, disclosed lus relationship with Asset Recovery dealing with them in the building community. He admitted that he never read the refund terminology clearly, which was a big mistake on his part. He wanted to know what prompted the January 13, 2011 change to put different restrictions on a refund policy. He noticed that very few people who applied for a refund had paid the $200 fee, and he questioned why it was inconsistent. He saw a lot of issues that needed clarification, even around the State, on how a refund is actually paid. Deborah Sealey, an employee of Asset Research and Recovery, said that she handles correspondence, and discussed individual questions received from different types of the public, mostly seniors, pointing out the lack of knowledge of what is an impact fee, and they cannot conceive how they would receive something back. She told the Board that Asset Research has a . responsibility to the people they represent, and the Board has responsibility to everyone and requested the Board to reopen the refund period and return those refunds to those entitled to it. Keith Kite, 1045 Winding River Road, Vero Beach, agreed with Administrator Baird, but he also agreed that citizens cannot track the impact fees. He just realized that he has a $1,400 refund from when he built his house in District 2 in 1997. Although he tries to track his impact fees, he could not find it. Clerk's Note: At this point in the meeting Mr. Mensing diverged from the subject Item to announce that he had to leave, and he asked that his Item 10.B.2. be postponed until the next Board meeting. The Chairman acknowledged his request. Chairman Solari asked for comments from the Commissioners. BK !4! PG 1 !7 July 12, 2011 12 12..1.1. AMENDMENT NO. 1 TO WORK ORDER NO. 13 WITH MASTELLER AND MOLER, INC. FOR DESIGN SERVICES ASSOCL4TED WITH SR 510 REUSE • MAIN EXTENSION TO NORTH BARRIER ISLAND — UCP 4021 ON MOTION by Commissioner O'Bryan5 SECONDED by Commissioner Flescher, the Board unanimously approved and authorized the Chairman to execute Amendment 1 to Work Order No. 13 with Masteller and Moler, Inc., in the amount of $4,900.00, as recommended in the memorandum of July 1, 2011. WORK ORDER #13 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COUNTY ATTORNEY MATTERS 13.A. SETTLEMENT OFFER ONABAZIS PARCELS • Deputy County Attorney William DeBraal reviewed previous actions taken by the Board on this matter, and presented a counteroffer fr om the Abazis brothers in the amount of $775,000, that is exclusive of attorney fees and court costs as of today. Staff recommended the Board refuse the Abazis' offer and reiterate the County's offer. ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Davis, the Board unanimously: (1) DENIED the counteroffer of Steven, William, and Evan Abazis, in the amount of $775,000.00; and (2) INDICATED the Board's willingness to settle at $750,000.00, as recommended in the memorandum of July 5, 2011. BK 141 PG 121 July 12, 2011 16 1 C� 1. OF COUNTY COMMISSION OFFICE THE B Vice Chairman Wheeler wanted to discuss taking a look at staffing the Commission office with three full-time aides and apart -time receptionist. He also felt that the Board should review the Committee lists, to see what Committees may be removed from the list. Chairman Solari disclosed that at a Republican evening meeting, he ran this matter by Commissioner Flescher (whose aide recently took an other position), that we might consider operating with just three aides in the office, but there was no conversation, and Commissioner Flescher acknowledged this. The Chairman also shared this with Attorney Polackwich, who confirmed the exchange of communication, and did not feel that it was a violation of the Sunshine Law. The Chairman thought the Commissioners would have enough manpower with four as opposed to five aides when his personal assistant had an opportunity to move to another part of the County, and he also thought this issue needed to be more individually driven than a Board decision. A lengthy discussion continued whereby each Commissioner expressed his opinion and concern regarding downsizing the Commission Office staff. Commissioner Flescher did not feel the current staff of three aides was ample and appropriate, and Commissioner O'Bryan agreed stating that he felt the office ran smoothly with the four -member team. Vice Chairman Wheeler disagreed, and recommended going back and addressing the Ordinance to find out how they can proceed efficiently. 17 8Kl41PGf22 July 12, 2011 Questions were posed to staff whereby the Board learned that the funds could be . allocated anywhere in the old District 2, and that the acquisition of a right-of-way has been holding up the 17th Street intersection. Charlie Wilson debated the matter, with input from Ms. Robertson, that the Ordinance limits the funds to be used only on County roads, and that 17th Street was a State road that never falls below Level of Service D to warrant a widening project. Administrator Baird clarified that they are very careful not to use impact fees; instead they use the gas tax. Chairman Solari defined the two recommendations made by Mr. Wilson and his staff for the Board Discussion ensued by Director of Management and Budget Jason Brown who commented on the activity from the old 101 Fund, and the six-year requirement. Administrator Baird • discussed concurrency certificates, and vouched that he followed the Ordinance and disagreed totally with Mr. Wilson. Mr. Wilson and Ms. Robertson debated the issue further. Chairman Solari directed the County Attorney to look into the matter. Renee Renzi, 340 Waverly Place, inquired how someone would know the amount of impact fees they paid, an d with whom they should apply for a refund. Dale Simchick, Sebastian, Florida, wanted to make sure that the public was aware there there also are refunds in utilities, and she asked that those refunds be posted, as well. Mr. Deardorff posed questions to Director Brown regarding procedures the County follows in allocating impact fee funds. July 12, 2011 13 Mr. Wilson wanted to address the issue that the interest was paid based on the impact fee revenues, and stated that his position was that the County cannot carry forward the interest. • Chairman Solari clarified the direction that he believed the Board should take. MOTION WAS MADE by Conunissioner O'Bryan, SECONDED by Commissioner Flescher, to direct the County Attorney to review issues brought up today and to report back to the Board. Vice Chairman Wheeler agreed with the Motion and also wanted to revisit and cleanup the Ordinance. The CHAIRMAN CALLED THE QUESTION and the Motion carried unanimously. ON MOTION by Vice Chairman Wheeler, SECONDED • by Commissioner Davis, the Board unanimously directed staff to review the impact fee Ordinance, to modify the language to provide some consideration that would benefit the individual homeowners, an d secondly devise a way to track the expiration dates of impact fees and provide notice to individuals. Chairnian Solari called for a recess at 12:14 p.m. and reconvened the meeting at 12:24 p.m. with all members present. IO.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING COUNTY COMMISSIONERS HAVING OR NOT HAVING FULL TIME STAFFASSISTANT, AND PERMIT A LICENSE ON 6O' R/W PRIOR TO WORK BEING PERFORMED BY C. N. KIRRIE - POSTPONED • noun 141 PG 1 1 9 July 12, 2011 14 • This Item was postponed until the next Board of County Commission meeting at the request of Mr. Mensing. See Item 10.B.1. 10. Co PUBLICNOTICE ITEMS-NONE 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITYDEVELOPMENT - NONE 12.B. EMERGENCY SERVICES - NONE •12,C GENERAL SER VICES - NONE 12.D. HUMANRESOURCES =NONE 12.E. HUMANSERVICES - NONE 129F* LEISURE SER VICES - NONE 12. G. OFFICE OF MANAGEMENT AND B UDGET - NONE 12.H. RECREATION-NONE 12.I. PUBLIC WORKS = NONE 12..I. UTILITIES SERVICES BK 141 PG 120 July 12, 2011 15 Mr. Wilson wanted to address the issue that the interest was paid based on the impact fee revenues, and stated that his position was that the County cannot carry forward the interest. • Chairman Solari clarified the direction that he believed the Board should take. MOTION WAS MADE by Conunissioner O'Bryan, SECONDED by Commissioner Flescher, to direct the County Attorney to review issues brought up today and to report back to the Board. Vice Chairman Wheeler agreed with the Motion and also wanted to revisit and cleanup the Ordinance. The CHAIRMAN CALLED THE QUESTION and the Motion carried unanimously. ON MOTION by Vice Chairman Wheeler, SECONDED • by Commissioner Davis, the Board unanimously directed staff to review the impact fee Ordinance, to modify the language to provide some consideration that would benefit the individual homeowners, an d secondly devise a way to track the expiration dates of impact fees and provide notice to individuals. Chairnian Solari called for a recess at 12:14 p.m. and reconvened the meeting at 12:24 p.m. with all members present. IO.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING COUNTY COMMISSIONERS HAVING OR NOT HAVING FULL TIME STAFFASSISTANT, AND PERMIT A LICENSE ON 6O' R/W PRIOR TO WORK BEING PERFORMED BY C. N. KIRRIE - POSTPONED • noun 141 PG 1 1 9 July 12, 2011 14 Human Resources Director Jim Sexton advised the Board that the position had already • been advertised. MOTION WAS MADE by Vice Chairman Wheeler to review Ordinance 2007-022. The Motion DIED for lack of a second. Chairman Solari commented that the Chairman could have an aide and that two Commissioners could share one aide. He also thought the Board could place in their budget a contingency, in case he saw a breakdown; however, based on this discussion he did not believe it would work. The Board reached a CONSENSUS to table this discussion. County Attonley Polackwich explained that according to the Ordinance Commissioner • Wheeler addressed (Ordinance 2007-022) the Board could adjust the number of aides as the Board saw fit. ON MOTION by Vice Chairman Wheeler, SECONDED by Chairman Solari, the Board unanimously approved staff to bring back a report to revisit the existing Conunittees to determine further reduction. 14. C. COMMISSIONER WESLEYS. DAMS -NONE 14.D. COMMISSIONER JOSEPH E. FLESCHER -NONE 14.E. GOMMISSIONL'R PETER D. O'BRYAN -NONE July 12, 2011 18 �K141P�I23 SPECIAL DIS .1 1 S.A. EMERGENCY SERVICES DISTRICT -NONE 1 S.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Regular Board of County Commission meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. I S.B.1. APPROVAL OFMINUTES MEETING OF.JUNE 14, 20. 1 S.B.2. AMENDMENT NO. 3 TO WORK ORDER NO. 9 ATED TO THE NEW CUSTOMER CONVENIENCE CENTER 1 S.C. EIWIRONMENTAL C� ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREB Y MADE A PART OF THESE MINUTES July 12, 2011 19 • This Item was postponed until the next Board of County Commission meeting at the request of Mr. Mensing. See Item 10.B.1. 10. Co PUBLICNOTICE ITEMS-NONE 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITYDEVELOPMENT - NONE 12.B. EMERGENCY SERVICES - NONE •12,C GENERAL SER VICES - NONE 12.D. HUMANRESOURCES =NONE 12.E. HUMANSERVICES - NONE 129F* LEISURE SER VICES - NONE 12. G. OFFICE OF MANAGEMENT AND B UDGET - NONE 12.H. RECREATION-NONE 12.I. PUBLIC WORKS = NONE 12..I. UTILITIES SERVICES BK 141 PG 120 July 12, 2011 15 12..1.1. AMENDMENT NO. 1 TO WORK ORDER NO. 13 WITH MASTELLER AND MOLER, INC. FOR DESIGN SERVICES ASSOCL4TED WITH SR 510 REUSE • MAIN EXTENSION TO NORTH BARRIER ISLAND — UCP 4021 ON MOTION by Commissioner O'Bryan5 SECONDED by Commissioner Flescher, the Board unanimously approved and authorized the Chairman to execute Amendment 1 to Work Order No. 13 with Masteller and Moler, Inc., in the amount of $4,900.00, as recommended in the memorandum of July 1, 2011. WORK ORDER #13 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COUNTY ATTORNEY MATTERS 13.A. SETTLEMENT OFFER ONABAZIS PARCELS • Deputy County Attorney William DeBraal reviewed previous actions taken by the Board on this matter, and presented a counteroffer fr om the Abazis brothers in the amount of $775,000, that is exclusive of attorney fees and court costs as of today. Staff recommended the Board refuse the Abazis' offer and reiterate the County's offer. ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Davis, the Board unanimously: (1) DENIED the counteroffer of Steven, William, and Evan Abazis, in the amount of $775,000.00; and (2) INDICATED the Board's willingness to settle at $750,000.00, as recommended in the memorandum of July 5, 2011. BK 141 PG 121 July 12, 2011 16 1 C� 1. OF COUNTY COMMISSION OFFICE THE B Vice Chairman Wheeler wanted to discuss taking a look at staffing the Commission office with three full-time aides and apart -time receptionist. He also felt that the Board should review the Committee lists, to see what Committees may be removed from the list. Chairman Solari disclosed that at a Republican evening meeting, he ran this matter by Commissioner Flescher (whose aide recently took an other position), that we might consider operating with just three aides in the office, but there was no conversation, and Commissioner Flescher acknowledged this. The Chairman also shared this with Attorney Polackwich, who confirmed the exchange of communication, and did not feel that it was a violation of the Sunshine Law. The Chairman thought the Commissioners would have enough manpower with four as opposed to five aides when his personal assistant had an opportunity to move to another part of the County, and he also thought this issue needed to be more individually driven than a Board decision. A lengthy discussion continued whereby each Commissioner expressed his opinion and concern regarding downsizing the Commission Office staff. Commissioner Flescher did not feel the current staff of three aides was ample and appropriate, and Commissioner O'Bryan agreed stating that he felt the office ran smoothly with the four -member team. Vice Chairman Wheeler disagreed, and recommended going back and addressing the Ordinance to find out how they can proceed efficiently. 17 8Kl41PGf22 July 12, 2011 12..1.1. AMENDMENT NO. 1 TO WORK ORDER NO. 13 WITH MASTELLER AND MOLER, INC. FOR DESIGN SERVICES ASSOCL4TED WITH SR 510 REUSE • MAIN EXTENSION TO NORTH BARRIER ISLAND — UCP 4021 ON MOTION by Commissioner O'Bryan5 SECONDED by Commissioner Flescher, the Board unanimously approved and authorized the Chairman to execute Amendment 1 to Work Order No. 13 with Masteller and Moler, Inc., in the amount of $4,900.00, as recommended in the memorandum of July 1, 2011. WORK ORDER #13 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COUNTY ATTORNEY MATTERS 13.A. SETTLEMENT OFFER ONABAZIS PARCELS • Deputy County Attorney William DeBraal reviewed previous actions taken by the Board on this matter, and presented a counteroffer fr om the Abazis brothers in the amount of $775,000, that is exclusive of attorney fees and court costs as of today. Staff recommended the Board refuse the Abazis' offer and reiterate the County's offer. ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Davis, the Board unanimously: (1) DENIED the counteroffer of Steven, William, and Evan Abazis, in the amount of $775,000.00; and (2) INDICATED the Board's willingness to settle at $750,000.00, as recommended in the memorandum of July 5, 2011. BK 141 PG 121 July 12, 2011 16 16. ADJOURNMENT Chairman Solari announced the Budget workshops will begin tomorrow morning at 9:00 a.m. There being no further business, the Chairman declared the meeting adjourned at 1:00 p.m. Jeffrey Barton, Clerk Minutes Approved: BCC/MS/2011 Minutes July 12, 2011 AUG 1 6 2011 20 Bob Solari, Chairman B� l�+i PG I25 COUNTY COMMISSIONERS Bob Solari, Chairman Gary C. Wheeler, Vice Chairman Wesley S. Davis Joseph E. Flescher Peter D. O'Bryan 1. 2. 3. C� 5. MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, JULY 12, 2011- 9:00 A.M. County Commission Chamber Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com District 5 Joseph A. Baird, County Administrator District 3 Alan S. Polackwich, Sr., County Attorney District 1 Jeffrey K. Barton, Clerk to the Board District 2 District 4 CALL TO ORDER 9:00 A.M. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff Department PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan ADDITIONSlDELETIONS TO THE AGENDA /EMERGENCY ITEMS PROCLAMATIONS and PRESENTATIONS A. PAGE Presentation of Proclamation Designating July 2011 as Marine Debris Removal Month in Indian River County 1 July 12, 2011 Page 1 of 5 1 C� 1. OF COUNTY COMMISSION OFFICE THE B Vice Chairman Wheeler wanted to discuss taking a look at staffing the Commission office with three full-time aides and apart -time receptionist. He also felt that the Board should review the Committee lists, to see what Committees may be removed from the list. Chairman Solari disclosed that at a Republican evening meeting, he ran this matter by Commissioner Flescher (whose aide recently took an other position), that we might consider operating with just three aides in the office, but there was no conversation, and Commissioner Flescher acknowledged this. The Chairman also shared this with Attorney Polackwich, who confirmed the exchange of communication, and did not feel that it was a violation of the Sunshine Law. The Chairman thought the Commissioners would have enough manpower with four as opposed to five aides when his personal assistant had an opportunity to move to another part of the County, and he also thought this issue needed to be more individually driven than a Board decision. A lengthy discussion continued whereby each Commissioner expressed his opinion and concern regarding downsizing the Commission Office staff. Commissioner Flescher did not feel the current staff of three aides was ample and appropriate, and Commissioner O'Bryan agreed stating that he felt the office ran smoothly with the four -member team. Vice Chairman Wheeler disagreed, and recommended going back and addressing the Ordinance to find out how they can proceed efficiently. 17 8Kl41PGf22 July 12, 2011 Human Resources Director Jim Sexton advised the Board that the position had already • been advertised. MOTION WAS MADE by Vice Chairman Wheeler to review Ordinance 2007-022. The Motion DIED for lack of a second. Chairman Solari commented that the Chairman could have an aide and that two Commissioners could share one aide. He also thought the Board could place in their budget a contingency, in case he saw a breakdown; however, based on this discussion he did not believe it would work. The Board reached a CONSENSUS to table this discussion. County Attonley Polackwich explained that according to the Ordinance Commissioner • Wheeler addressed (Ordinance 2007-022) the Board could adjust the number of aides as the Board saw fit. ON MOTION by Vice Chairman Wheeler, SECONDED by Chairman Solari, the Board unanimously approved staff to bring back a report to revisit the existing Conunittees to determine further reduction. 14. C. COMMISSIONER WESLEYS. DAMS -NONE 14.D. COMMISSIONER JOSEPH E. FLESCHER -NONE 14.E. GOMMISSIONL'R PETER D. O'BRYAN -NONE July 12, 2011 18 �K141P�I23 SPECIAL DIS .1 1 S.A. EMERGENCY SERVICES DISTRICT -NONE 1 S.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Regular Board of County Commission meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. I S.B.1. APPROVAL OFMINUTES MEETING OF.JUNE 14, 20. 1 S.B.2. AMENDMENT NO. 3 TO WORK ORDER NO. 9 ATED TO THE NEW CUSTOMER CONVENIENCE CENTER 1 S.C. EIWIRONMENTAL C� ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREB Y MADE A PART OF THESE MINUTES July 12, 2011 19 Human Resources Director Jim Sexton advised the Board that the position had already • been advertised. MOTION WAS MADE by Vice Chairman Wheeler to review Ordinance 2007-022. The Motion DIED for lack of a second. Chairman Solari commented that the Chairman could have an aide and that two Commissioners could share one aide. He also thought the Board could place in their budget a contingency, in case he saw a breakdown; however, based on this discussion he did not believe it would work. The Board reached a CONSENSUS to table this discussion. County Attonley Polackwich explained that according to the Ordinance Commissioner • Wheeler addressed (Ordinance 2007-022) the Board could adjust the number of aides as the Board saw fit. ON MOTION by Vice Chairman Wheeler, SECONDED by Chairman Solari, the Board unanimously approved staff to bring back a report to revisit the existing Conunittees to determine further reduction. 14. C. COMMISSIONER WESLEYS. DAMS -NONE 14.D. COMMISSIONER JOSEPH E. FLESCHER -NONE 14.E. GOMMISSIONL'R PETER D. O'BRYAN -NONE July 12, 2011 18 �K141P�I23 6. APPROVAL OF MINUTES A. Meeting of June 14, 2011 7. INFORMATIONAL ITEMS Fl REQUIRING BOARD ACTION None 8. CONSENT AGENDA Ill L-7 A. Approval of Warrants and Wires — Jwie 233 2011 to June 30, 2011 (memorandum dated June 30, 2011) PAGE B. Change Order No. 1 — Release of Retainage 8th Street Sidewalk Improvements from U. S. 1 to 61h Avenue, IRC Project No. 0744 (memorandum dated June 27, 2011) 10-18 C. Request to Enter into a Revised Interlocal Agreement with the City of Vero Beach for the Aviation Boulevard Intermodal Roadway Improvement Project (memorandum dated July 5, 2011)19-29 D. Dedication of FPL Easement and Execution of FPL Underground Distribution Facilities Installation Agreement for Construction of Underground Cable and Conduit Required for Electrical Power to North County Reclaimed Water Storage Tank & Repump Facility (memorandum dated June 30, 2011) ---- ---------- -- 30-37- 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Revised Pain Management Clinic Ordinance — In Light of New State Legislation (memorandum dated July 1, 2011) 38-53 Legislative 2. County Commissioner Districts — Proposed 2011 Redistricting Plan (memorandum dated July 1, 2011) -- 54-5- 8 ---------------------------------------------------------- Legislative . { 141 PG 4 9 9 . July 12, 2011 Page 2 of 5 10. PUBLIC ITEMS PAGE . Be PUBLIC DISCUSSION ITEMS Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes. 1. Request to Speak from Asset Research & Recovery Regarding Impact Fee Refunds - - - ---- -------59-125 2. Request to Speak from Fred Mensing Regarding County Commissioners having or not having full time staff assistant, and Permit & License on 60' R/W prior to work being performed by C. N. Kirrie 126427 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B, Emergency Services RMF C, General Services None D, Human Resources None E, Human Services 1►[TLLIJ F, Leisure Services None . G, Office of Management and Budget None BK14 ` PG Q 99 July 12, 2011 Page 3 of 5 SPECIAL DIS .1 1 S.A. EMERGENCY SERVICES DISTRICT -NONE 1 S.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Regular Board of County Commission meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. I S.B.1. APPROVAL OFMINUTES MEETING OF.JUNE 14, 20. 1 S.B.2. AMENDMENT NO. 3 TO WORK ORDER NO. 9 ATED TO THE NEW CUSTOMER CONVENIENCE CENTER 1 S.C. EIWIRONMENTAL C� ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREB Y MADE A PART OF THESE MINUTES July 12, 2011 19 16. ADJOURNMENT Chairman Solari announced the Budget workshops will begin tomorrow morning at 9:00 a.m. There being no further business, the Chairman declared the meeting adjourned at 1:00 p.m. Jeffrey Barton, Clerk Minutes Approved: BCC/MS/2011 Minutes July 12, 2011 AUG 1 6 2011 20 Bob Solari, Chairman B� l�+i PG I25 16. ADJOURNMENT Chairman Solari announced the Budget workshops will begin tomorrow morning at 9:00 a.m. There being no further business, the Chairman declared the meeting adjourned at 1:00 p.m. Jeffrey Barton, Clerk Minutes Approved: BCC/MS/2011 Minutes July 12, 2011 AUG 1 6 2011 20 Bob Solari, Chairman B� l�+i PG I25 1Lo DEPARTMENTAL MATTERS g, Recreation None I, Public Works None J, Utilities Services 1. Amendment No. 1 to Work Order No. 13 with Masteller and Moler, Inc for Design Services Associated with SR 510 Reuse Main PAGE• Extension to North Barrier Island —UCP 4021 memorandum dated July 1, 2011) ....... 12&.133_. 13. COUNTY ATTORNEY MATTERS A. Settlement Offer on Abazis Parcels (memorandum dated July 5, 2011)__________________________________________________________ 134-135_. 14. COMMISSIONERS ITEMS A, Commissioner Bob Solari, Chairman None B, Commissioner Gary C, Wheeler, Vice Chairman 1. Request for Discussion Regarding the Staffing in the Board of County Commission Office (memorandum_ dated July 5, 2011) 136 C, Commissioner Weslev S. Davis None D, Commissioner Joseph E. Flescher None E, Commissioner Peter D. O'Bryan None July 12, 2011 14i PG !OD Page 4 of 5