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Home My WebLink About09/13/2011 (2)COUNTY COMMISSIONERS Bob Solari, Chairman Gary C. Wheeler, Vice Chairman Wesley S. Davis Joseph E. Flescher Peter D. O'Bryan MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 13, 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 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Honoring Catherine M. Williams on Her Retirement from the Tax Collector's Office of Indian River County 1 Be Presentation of Proclamation Designating September 12 — 16, 2011 as _Industry Appreciation Week in Indian River_County, Florida_________________________________2-3 C. Presentation of Proclamation Designating October 8, 2011 as Family Jamboree Day _ 4 8{ 14! PG 350 September 13, 2011 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE D. Presentation of Proclamation Recognizing October 2011 as National 04 Domestic Violence Awareness Month E. Presentation of Proclamation Designating September 24, 2011 As National Estuaries Day In Indian River County 6 6• APPROVAL OF MINUTES None 7• INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION None 8. CONSENT AGENDA A. Approval of Warrants and Wires —August 26, 2011 to September 1, 2011 _(memorandum dated September 1, 2011). 744 - - ----------------------------------------------------------------- B. Proclamation and Retirement Award Honoring Ronald Kromhout on His Retirement from Indian River County Board of County Commissioners Department of Emergency Service Fire Rescue with Thirty -Seven Years of Service 15-16 ---------------------------------------------------------------------- ---------------------------------------------- C. Proclamation and Retirement Award Honoring Frances G. Sherwood on Her Retirement from Indian River County Board of County Commissioners Department of Emergency Service _with Twenty -Five Years of Service 17-18 ...... - - ------- --------- ----------- -------- D. Proclamation and Retirement Award Honoring Holly Elkins on Her Retirement from Indian River County Board of County Commissioners Housing Authority/Rental Assistance with Seventeen Years of Service 19-20 E. Approval of Payment for Work Order No. 5 for Sedimentation System Dredging at PC Main (memorandum dated September 6,_201.......1) 21-23 ------------------------------------------------------------- F. Approval of 2011/2012 State Funded Subgrant Agreement to Update Indian River County's Hazards Analysis (memorandum dated August 29,_ 2011) 24-53 ------------------------------------------------------------------- G. 2011/2012 State of Florida Depart ment of Health Contract -(memorandum dated September -6,_201.1)- 54-78 --------------------------------------------------------------- 81� I�1 PG 3St September 13, 2011 Page 2 of 7 10. CONSENT AGENDA PAGE H. Authorize County Administrator to Execute a Renewal Agreement with Symetra Financial for the County's Excess Loss/Reinsurance Policy _(memorandum dated September 6, 2011). _________ _______ ________ _______ 79-82 I. Professional Civil Engineering Services Agreement with MBV Engineering, Inc., Final Pay Quail Creek Subdivision Indian River County Project No. 200402019645291 (memorandum dated August 30, 2011)83-85 J. Consideration of Southeast Florida Regional Partnership Sustainable Communities Grant Consortium Agreement (memorandum dated September 6, 201.1 86-111 K. Miscellaneous Budget Amendment 023 _(memorandum dated September_7,_201.1) 112-116 --------------------------------------------------------------- L. Crime Scene Unit —Work Order #1 Donadio and Associates (memorandum dated September_1,_201.1)__________ ______ ______ 117-122_. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None PUBLIC ITEMS A. PUBLIC HEARINGS 1. Public Hearing and Discussion of 2011 Redistricting of County Commissioner Districts (memorandum dated August 30, 2011) 123-132 ------------------------------------------------------ Administrative 2. Board Review of Committee Terms Issues _ (memorandum_dated August 30,_201.1)_ ___________133-160_ -------------------------------- Legislative 3. Proposed Ordinance Eliminating all References to Firearms fr om the Code of Indian River County (memorandum dated August 31, 2011) ...... -_____ _ _..l 61 -.l 71 Legislative 4. Tax Equity Fiscal Responsibility Act (TEFRA) Public Hearing, Escambia County Housing Finance Authority, Single Family Mortgage Revenue Bonds (memoran dum dated July 11,_ 2011) Administrative September 13, 2011 Page 3 of 7 10. PUBLIC ITEMS PAGE Be PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearings September 20. 2011 and October 18, 2011: Public Notice of Final Two Public Hearings Scheduled for September 20, 2011 (in Sebastian City Council Chambers), and October 18, 2011 (in County Commission Chambers) Relating to Redistricting of Indian River County Commissioner Districts (memorandum_ dated September 7, 2011). 186 Administrative 2. Notice of Scheduled Joint Meeting September 19.2011: The Indian River County Board of County Commission is hosting a meeting on September 19th, 2011, at 3:00 p.m. in Building B, Conference Room B1-501 at the Indian River County Administration Complex, 1800 27th Street, Vero Beach, Fl. This meeting is a joint meeting of the Indian River County Board of County Commissioners; the Mayors of the City of Vero Beach, City of Sebastian, City of Fellsmere, Town of Indian River Shores, and the Town of Orchid; and the Indian River County Beach and Shores Advisory Committee. 187 Administrative 11. COUNTY ADMINISTRATOR MATTERS None 12• DEPARTMENTAL MATTERS A• Community Development 1. Request for Board Authorization to use Park Impact Fees as a Match for a 50% Cost -Share Grant from the Florida Inland Navigation District for "Phase B" Public Access Improvements on the Flinn Tract of the Lagoon Greenway (memorandum dated September 2, 2011) 188494 13 Emer2 None September 13, 2011 ency Services K 141 1'G 35 Page 4 of 7 12. DEPARTMENTAL MATTERS PAGE C, General Services 13. None D, "111 Resources 1. Board of County Commissioners Ratification of the Collective Bargaining Agreement between Indian River County and Teamsters Loca1769 (memorandum dated September 7, 2011) 195-247 E, Human Services None F, Leisure Services None G, Office of Management and Budget g, Recreation None I, Public Works 1. Award of Bid # 2011048, Indian River Boulevard & 17t" Street Intersection Improvements, IRC Project No. 1024, FM No. 422914- 1-58-01 memoranA um dated Au ust 31, 2011 248-258 J, Utilities Services 1. Approval of Amendment #1 to Work Order with Geosyntec for Ground Water Assessment and Monitoring Proposal for Old Savannah Lift Station (memorandum dated September 1, 2011) 259-268 -------------------------------------------------------------------------- COUNTY ATTORNEY MATTERS A. Traffic Impact Fees Collected in Original TIF District 2 —Fund 101 Issues (memorandum dated September 7, 2011) 269-277 B� !41 PG 354 September 13, 2011 Page 5 of 7 cr 15. 16. COMMISSIONERS ITEMS A, Commissioner Bob Solari, Chairman None B, Commissioner Gary C, Wheeler, Vice Chairman None ' C, Commissioner Wesley S. Davis None D, Commissioner Joseph E. Flescher None E, Commissioner Peter D. O'Bryan SPECIAL DISTRICTS AND BOARDS A, EmerEency Services District None B, Solid Waste Disposal District 1. Construction and Demolition Debris Recycling at IRC Landfill PAGE _(memorandum_dated September 6,2011) _ 278-281 - --------------------------------- ------------------------ C, Environmental Control Board None 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. BK 14 1 PG 355 September 13, 2011 Page 6 of 7 Commission Meeting may be broadcast live by Comcast Cable Channel 27 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. September 13, 2011 BK 141 f'G Page 7 of 7 356 LM JEFFREY K. BARYON Clerk to the Board �TDEX TO M OF BOARD OF :OUNTY C SEPTEMBER 139) 2011 MEE SSIO 1. CALL TO ORDER..........................................................................................................................1 2. INVOCATION.................................................................................................................................1 3. PLEDGE OF ALLEGIANCE..........................................................................................................1 ADDITION: ITEM 5.F. PRESENTATION OF PROCLAMATION HONORING EDWARD PRIME ON HIS RETIREMENT FROM EMERGENCY SERVICES/FIRE RESCUE....................2 ADDITION: ITEM 8.M. INVITATION FROM JOHN'S ISLAND GOLF CLUB FOR STAFF TO PARTICIPATE IN A "PUBLIC SAFETY DAY" GOLF OUTING ...........................2 ADDITION: ITEM 11 A. PRELIMINARY/DRAFT LEGISLATION PRIORITIES - 2012 LEGISLATIVESESSION.............................................................................................2 5. PROCLAMATIONS AND PRESENTATIONS............................................................................ 2 5.A. PRESENTATION OF PROCLAMATION HONORING CATHERINE M. WILLIAMS ON HER RETIREMENT FROM THE TAX COLLECTOR'S OFFICE OF INDIAN RIVER COUNTY..................................................................................................................2 5.B. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 12 - 162 2011 AS INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY, FLORIDA.......................3 September 13, 2011 1 BK !4! PG 3�1 D 7 S.C. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 8, 2011 AS FAMILY JAMBOREEDAY.......................................................................................................3 S.D. PRESENTATION OF PROCLAMATION RECOGNIZING OCTOBER 2011 AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH..............................................................3 S.E. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 24, 2011 AS NATIONAL ESTUARIES DAY IN INDIAN RIVER COUNTY.............................................3 S.F. ADDITION: PRESENTATION OF PROCLAMATION HONORING EDWARD PRIME ON HIS RETIREMENT FROM EMERGENCY SERVICES/FIRE RESCUE...................................4 APPROVALOF MINUTES -NONE............................................................................................. 4 INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARDACTION -NONE............................................................................................................. 4 CONSENTAGENDA..................................................................................................................... 4 8.A. APPROVAL OF WARRANTS AND WIRES - AUGUST 26, 2011 TO SEPTEMBER 1, 2011.......................................................................................................................4 8.B. PROCLAMATION AND RETIREMENT AWARD HONORING RONALD KROMHOUT ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICE FIRE RESCUE WITH THIRTY-SEVEN YEARS OF SERVICE.......................................................................... 5 8.C. PROCLAMATION AND RETIREMENT AWARD HONORING FRANCES G. SHERWOOD ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICE WITH TWENTY-FIVE YEARSOF SERVICE..................................................................................................5 8.D. PROCLAMATION AND RETIREMENT AWARD HONORING HOLLY ELKINS ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS HOUSING AUTHORITY/RENTAL ASSISTANCE WITH SEVENTEEN YEARSOF SERVICE..................................................................................................6 8.E. APPROVAL OF PAYMENT FOR WORK ORDER NO. 5 FOR SEDIMENTATION SYSTEM DREDGING AT PC MAIN..............................................................................6 8.F. APPROVAL OF 2011-2012 STATE FUNDED SUBGRANT AGREEMENT TO UPDATE INDIAN RIVER COUNTY'S HAZARDS ANALYSIS.........................................................6 September 13, 2011 2 BX 14 PG 358 8.G. 2011-2012 STATE OF FLORIDA DEPARTMENT OF HEALTH CONTRACT. . a 0 a a & a a v a 4 m 0 a 9 9 a & & a 9 0 47 8.1-I. AUTHORIZE COUNTY ADMINISTRATOR To EXECUTE A RENEWAL AGREEMENT WITH SYMETRA FINANCIAL FOR THE COUNTY'S EXCESS LOSS/REINSURANCE POLICY...................................................................................................................7 8.I. PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT WITH MBV ENGINEERING, INC., FINAL PAY QUAIL CREEK SUBDIVISION INDIAN RIVER COUNTY PROJECT No. 2004020196-45291............................................................... 8 8.J. CONSIDERATION OF SOUTHEAST FLORIDA REGIONAL PARTNERSHIP SUSTAINABLE COMMUNITIES GRANT CONSORTIUM AGREEMENT ..............................8 8.K. MISCELLANEOUS BUDGET AMENDMENT 023............................................................9 8.L. CRIME SCENE UNIT — WORK ORDER #1 DONADIO AND ASSOCIATES ........................ 10 8.M. ADDITION: INVITATION FROM JOHN'S ISLAND GOLF CLUB FOR STAFF TO PARTICIPATE IN A "PUBLIC SAFETY DAY" GOLF OUTING. . 0 0 a a * 0 a a 0 6 a a 9 a a 0 0 v 6 6 a 6 0 a m * 0 a a 6 9 a 0 a 0 0 5 0 10 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE ................10 10. PUBLIC ITEMS.............................................................................................................................11 10.A. PUBLIC HEARING(S).......................................................................................... 11 10.A.1. PUBLIC HEARING AND DISCUSSION OF 2011 REDISTRICTING OF COUNTY COMMISSIONER DISTRICTS (ADMINISTRATIVE)..................................................... 11 10.A.2. BOARD REVIEW OF COMMITTEE TERMS ISSUES (LEGISLATIVE) ............................. 12 10.A.3. PROPOSED ORDINANCE ELIMINATING ALL REFERENCES TO FIREARMS FROM THE CODE OF INDIAN RIVER COUNTY (LEGISLATIVE) ............................................ 13 1 O.A.4. TAX EQUITY FISCAL RESPONSIBILITY ACT (TEFRA) PUBLIC HEARING, ESC AMBIA COUNTY HOUSING FINANCE AUTHORITY, SINGLE FAMILY MORTGAGE REVENUE BONDS (ADMINISTRATIVE)................................................. 15 10.13. PUBLIC DISCUSSION ITEMS —NONE.................................................................. 16 10.C. PUBLIC NOTICE ITEMS. . m a 0 a 0 0 m & 0 a 0 0 2 * 8 0 0 0 a 9 0 a 0 6 a a 0 v a * 0 a m a 0 0 0 a a 0 9 0 a 6 0 a 4 0 0 m a 0 a 6 a 0 0 a a v * 0 6 6 1 W a a * 0 * 6 m m 0 6 a 6 4 . 9 9 0 4 17 1 O.C.1. NOTICE OF SCHEDULED PUBLIC HEARING SEPTEMBER 20, 2011 AND OCTOBER 18, 2011: PUBLIC NOTICE OF FINAL Two PUBLIC HEARINGS SCHEDULED FOR SEPTEMBER 20, 2011 (IN SEBASTIAN CITY COUNCIL CHAMBERS), AND OCTOBER 18, 2011 (IN COUNTY COMMISSION CHAMBERS) RELATING TO REDISTRICTING OF INDIAN RIVER COUNTY COMMISSIONER DISTRICTS (ADMINISTRATIVE)................................................................................................ 17 BK 41 P� 359 September 13, 2011 3 10.C.2. NOTICE OF SCHEDULED JOINT MEETING SEPTEMBER 193 2011 11 i� THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION IS HOSTING A MEETING ON SEPTEMBER 19, 20115 AT 3:00 P.M. IN BUILDING B. CONFERENCE ROOM B1-501 AT THE INDIAN RIVER COUNTY ADMINISTRATION COMPLEX, 1800 27TH STREET, VERO BEACH, FL. THIS MEETING IS A JOINT MEETING OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS; THE MAYORS OF THE CITY OF VERO BEACH, CITY OF SEBASTIAN, CITY OF FELLSMERE, TOWN OF INDIAN RIVER SHORES, AND THE TOWN OF ORCHID; AND THE INDIAN RIVER COUNTY EACH AND SHORES ADVISORY COMMITTEE (ADMINISTRATIVE) ........................... 17 COUNTY ADMINISTRATOR MATTERS................................................................................18 ADDITION: PRELIMINARY/DRAFT LEGISLATIVE PRIORITIES - 2012 LEGISLATIVESESSION........................................................................................... 18 DEPARTMENTALMATTERS...................................................................................................18 12.A. COMMUNITY DEVELOPMENT.................................................................................. 18 12.A.1. REQUEST FOR BOARD AUTHORIZATION TO USE PARI{ IMPACT FEES AS A MATCH FOR A 50% COST -SHARE GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT FOR "PHASE B" PUBLIC ACCESS IMPROVEMENTS ON THE FLINN TRACT OF THE LAGOON GREENWAY...................................................... 18 12.B. EMERGENCY SERVICES - NONE .............................................................................. 12.C. GENERAL SERVICES - NONE...................................................................................22 12.D. HUMAN RESOURCES..............................................................................................22 12.D.1. BOARD OF COUNTY COMMISSIONERS RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY AND TEAMSTERS LOCAL769............................................................................................................22 12.E. HUMAN SERVICES -NONE...................................................................................... 23 12.F. LEISURE SERVICES - NONE.................................................................................... 23 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ..................................................... 23 12.H. RECREATION - NONE............................................................................................. 23 12.I. PUBLIC WORKS.....................................................................................................23 12.I.1 AWARD OF BID # 2011048, INDIAN RIVER BOULEVARD & 17TH STREET INTERSECTION IMPROVEMENTS, IRC PROJECT NO. 1024, FM No. 422914-1-58- 01.........................................................................................................................23 BK 141 PG 360 September 13, 2011 4 12.J. UTILITIES SERVICES..............................................................................................24 12.J.1. APPROVAL OF AMENDMENT 41 TO WORK ORDER WITH GEOSYNTEC FOR GROUND WATER ASSESSMENT AND MONITORING PROPOSAL FOR OLD SAVANNAHLIFT STATION......................................................................................24 13. COUNTY ATTORNEY MATTERS....:....................................................................................... 25 13.A. TRAFFIC IMPACT FEES COLLECTED IN ORIGINAL TIF DISTRICT 2 — FUND 101 ISSUES..................................................................................................................25 14. COMMISSIONER ITEMS............................................................................................................ 30 14.A. COMMISSIONER BOB SOLARI, CHAIRMAN — NONE...................................................30 14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN —NONE................................30 14.C. COMMISSIONER WESLEY S. DAVIS — NONE* w a * & 0 0 a 0 6 0 a 0 0 a 0 a 0 a 6 0 0 a 0 a 0 6 a 6 * 0 e a 0 a a a v 0 1 4 0 0 a a 0 0 4 0 w 0 5 0 0 4 0 a 0 a 0 30 14.D. COMMISSIONER JOSEPH E. FLESCHER — NONE.........................................................30 14.E. COMMISSIONER PETER D. O'BRYAN — NONE* 9 a A & a 2 0 0 a 9 5 0 & b m 9 0 4 9 a a 4 a 0 9 8 1 6 a a 0 0 0 0 0 0 a 0 * 0 0 a a 0 9 0 0 & 0 0 a a a & I m a 9 3 0 15. SPECIAL DISTRICTS AND BOARDS....................................................................................... 30 15.A. EMERGENCY SERVICES DISTRICT — NONE...............................................................30 15.B. SOLID WASTE DISPOSAL DISTRICT........... *affqw.mm*30 15.13.1. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING AT IRC LANDFILL. a 6 a 0 0 9 a 0 0 0 030 15.C. ENVIRONMENTAL CONTROL BOARD — NONE...........................................................30 16. ADJOURNMENT..........................................................................................................:...............31 September 13, 2011 5 JEFFREY K. BARTON Clerk to the Board September 13, 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 27th Street, Vero Beach, Florida, on Tuesday, September 13, 2011. Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, Commissioners 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 Leona Adair Allen. 1. CALL TO ORDER Chairman Solari called the meeting to order at 9:00 a.m. 2. INVOCATION Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Flescher led the Pledge of Allegiance to the Flag. September 13, 2011 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Solari requested the following changes) to the Agenda: ADDITION: ITEM S.F. PRESENTATION OF PROCLAMATION HONORING EDWARD PRIME ON HIS RETIREMENT FROM EMERGENCY SER VICES/FIRE RESCUE ADDITION: ITEM 8.M. INVITATION FROM JOHN'S ISLAND GOLF CL UB FOR STAFF TO PARTICIPATE INA "PUBLICSAFETYDAY"GOLF OUTING ADDITION: ITEM II.A. PRELIMINARY/DRAFT LEGISLATIONPRIORITIES - 2012 LEGISLATIVE SESSION ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION OF PROCLAMATION HONORING CATHERINE M. WILLIAMS ON HER RETIREMENT FROM THE TAX COLLECTOR'S OFFICE OF INDL4N RIVER COUNTY Chairman Solari read and presented the Proclamation to Catherine M. Williams. September 13, 2011 2 1 4 PG 363 k S.B. PR TION OF ilI AS IND U2 FLORIDA TION IPPRECIATION W iEPTEMBER 12 — RIVER CO Commissioner O'Bryan read the Proclamation. Bill Penney, President and CEO of Marine Bank and Chairman of the Chamber's Economic Development Division, accepted it on behalf of local industry. P 9TION OF PRS FAMILY,IAMBOREE DAY 8.2 Commissioner Davis read and presented the Proclamation to event coordinators and volunteers. S.D. 'RESENTA OF PROCL TION E A WARENESS 1 I69 Commissioner Flescher read the Proclamation, Chief Deputy Bud Spence accepted it on behalf of SafeSpace, Inc. NA Es UESIGNATINi DAYININDIANRIVER G Vice Chairman Wheeler read the Proclamation. Executive Director Ken Grudens accepted it on behalf of the Indian River Land Trust. September 13, 2011 2011 S. F. ADDITION: PRESENTATION OF PROCLAMATION HONORING EDWARD PRIME ON HIS RETIREMENT FROM EMER GENCY SER VICES/FIRE RESCUE Chairman Solari read and presented the Proclamation to Edward Prime. 6. APPROVAL OF MINUTES -NONE )RMATIONAL ] M STAFF OR CO NOT REQUIRING BOARD ACTION -NONE 8. CONSENT AGENDA The following items were pulled for discussion and comments: Chairman Solari pulled Items 81 and 8.M., Commissioner O'Bryan pulled Items 8.G. and 8. J. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Consent Agenda, as amended. APPROVAL OF W 1, 2011 AND WIRES —AUG 2011 To ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of August 26, 2011 to September 1, 2011, as requested in the memorandum of September 1, 2011. K 141 r 365 September 13, 2011 4 8.B. PROCLAMATIONAND RETIREMENT AWARD HONORING RONALD KROMHOUT ONHISRETIREMENT FROMINDL4NRIVER COUNTYBOARD OF CO UNTY COMMISSIONERS DEPAR TMENT OF EMERGENCY SER VICE FIRE RESCUE WITH THIRTY -,SEVEN YEARS OF SER VICE ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Proclamation and Retirement Award honoring Ronald Kromhout on his retirement from Indian River County Board of County Commissioners Department of Emergency Service Fire Rescue. YROCLAMAT, ON F. 1RD HONORING F RIVER CO OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICE WITH TWENTY-FIVE YEARS OF SERVICE ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Proclamation and Retirement Award honoring Frances G. Sherwood on her retirement from Indian River County Board of County Commissioners Department of Emergency Service. September 13, 2011 s P6 366 B.D. PROCLAMATIONAND RETIREMENT AWARD HONORING HOLLY ELKINS ON ` HER RETIREMENT FROMINDL4NRIVER COUNTYBOARD OF COUNTY COMMISSIONERS HO USING A UTHORITY/RENTAL ASSISTANCE WITH SEVENTEEN YEARS OF SER VICE ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Proclamation and Retirement Award honoring Holly Elkins on her retirement from Indian River County Board of County Commissioners Housing Authority/Rental Assistance. B.E. APPROVAL OF PAYMENT FOR WORK ORDER NO. 5 FOR SEDIMENTATION SYSTEMDREDGING AT PCMAIN ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved payment of Work Order No. 5, with EMC Divers, Inc., in the amount of $6,820.00, for sedimentation system dredging at PC Main, as recommended in the memorandum of September 6, 2011. B.F. APPROVAL OF ZOlI -2012 STATE FUNDED SUBGRANT AGREEMENT TO UPDATE INDIANRIVER COUNTY'S HAZARDSANALYSIS ON MOTION by Commissioner Flescher, SECONDED bY Commissioner Davis, the Board unanimously approved the 2011-2012 State Funded Subgrant Agreement, and accepted the funding provided in the Agreement, as recommended in the memorandum of August 29, 2011. { 141 PG 367 September 13, 2011 6 AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 2011-2012 STATE O DEP. OF HEAL CT Commissioner O'Bryan commended Miranda Swanson, Health Department, and her staff for their excellent j ob performance. 8.H. ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Wheeler, the Board unanimously approved the 2011-2012 State of Florida Department of Health Contract, as recommended in the memorandum of September 6, 2011. CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ,'OUNTYAD n 'VISTRATOR T� LOSS/REINSURANCE POLICY A KENEWAL �E COUNTY'. Human Resources Director Jim Sexton provided a summary of the 2011-2012 Renewal Agreement with Symetra Financial for the County's Excess Loss/Reinsurance Policy. He explained the excess loss/reinsurance program, the available alternatives, and why staff recommends approval of Alternate No. One (pages 79 — 80 of the Agenda Packet). ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Davis, the Board unanimously authorized the County Administrator to execute the Renewal Agreement for Alternate One with Symetra Financial for the County's Excess Loss/Reinsurance Policy for FY 2011-2012, as recommended in the memorandum of September 6, 2011. September 13, 2011 7 �� 14 i PG 368 B.I. PROFESSIONAL CIVIL ENGINEERING SER VICES AGREEMENT WITH MB V ENGINEERING. INC., FINAL PAY QUAIL CREEKSUBDIVLSIONINDIAN RIVER COUNTYPROJECTNO. 200402019645291 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved payment of MBV Engineering, Inc., Invoice No. 11-1988, dated June 24, 2011, in the amount of $4,053.08 for final payment for the Professional Civil Engineering Services Agreement, as recommended in the memorandum of August 30, 2011. B..I. CONSIDERATION OF SOUTHEAST FLORIDA REGIONAL PARTNERSHIP SUSTAINABLE COMMUNITIES GRANT CONSORTIUMAGREEMENT Chairman Solari asked his fellow Board members to consider voting against this Agreement because he felt this was a way for the Federal Government, through the Housing and Urban Development, Environmental Protection Agency, and Department of Transportation to impose its will and belief systems on Indian River County, a move which he thought would eventually reduce the County's power of home rule and subject our community to more federally imposed regulations. County Administrator Joe Baird said that staff may philosophically be opposed to some of the Federal programs, but believed that once the program is in place, the County could qualify for grant funding. BK 141 PG 369 September 13, 2011 8 Each Commissioner provided input as they deliberated the pros and cons of the Agreement. They also discussed the necessity of being engaged in regional planning opportunities in order to direct the final outcome. 8.K. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, by a 4.1 vote (Chairman Solari opposed), the Board: (1) approved the Sustainable Communities Grant Consortium Agreement; (2) authorized the Chairman to execute said Agreement; and (3) appointed Community Development Director Bob Keating as the primary Board of County Commissioners (BCC) delegate to the Sustainable Communities Grant Consortium, and Planning Director Stan Boling as the alternate delegate; all as recommended in the memorandum of September 6, 2011. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD )US B UDG1 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2011=071, amending the Fiscal Year 2010- 2011 Budget. September 13, 2011 9 BK 14f PG 370 B.L. CRIME SCENE UNIT - WORK ORDER #1 DONADIO AND ASSOCIATES ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 1, Crime Scene Unit (formerly Sun Sky Roofing Site) for additional design services with Donadio and Associates P.A., and authorized the Chairman to execute same, as recommended in the memorandum of September 1, 2011. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.M. ADDITION.• INVITATION FROM JOHN'S ISLAND GOLF CL UB FOR STAFF TO PARTICIPATE INA "PUBLIC SAFETYDAY" GOLF OUTING Administrator Baird conveyed that John's Island Golf Club is holding a golf tournament for public safety employees, and pointed out that the ethics ordinance states that any gift must be approved. He asked permission to allow County employees to attend the tournament as a group. Commissioner Davis thought participation should be approved on a standing basis. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Wheeler, the Board unanimously approved participation of future local outings offered to units of County employees on a standing basis. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE September 13, 2011 10 BK 14 { PG 3 7 10. PUBLIC ITEMS 10.A. PUBLICHEARING(S) I O.A. 1. PUBLIC HEARING AND DISCUSSION OF 2011 REDISTRICTING OF COUNTY COMMISSIONER DISTRICTS (ADMINISTRATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD County Attorney Alan S. Polackwich, Sr., recapped his memorandum dated August 30, 2011, providing history and background on the 2011 redistricting of County Commissioner Districts. He recalled that following the July 12, 2011 Public Hearing, the Board adopted the 2011 Redistricting Plan that set forth criteria for staff in preparing redistricting proposals and provided a general roadmap for the public to view the County's process. He announced that today would be the second Public Hearing, with the third scheduled for September 20th, and the final on October 18th for proposal adoption. Will Rice, Geographic Information Systems Manager (GIS), using a PowerPoint presentation (on file), described the existing map, the perceived deficiencies with the existing boundaries, the 2010 U.S. Census population in existing districts, the 2011 redistricting process and guidelines, and the two redistricting proposals. Attorney Polackwich clarified that the Board is obligated to look at redistricting maps every ten years, but is permitted to review them during any odd numbered years in between. Discussion ensued among the Commissioners regarding growth trends, the intent of redistricting, addressing redistricting on an odd year basis, and district/countywide representation. September 13, 2011 11 B� l 4 ! PG 312 The Chairman opened the Public Hearing. Fred Mensing, 7580 129th Street, stressed the importance of redistricting. There being no other speakers, the Chairman closed the Public Hearing. The Chairman reiterated that the next Public Hearing was scheduled for Tuesday, September 20, 2011, at 9:00 a.m., at Sebastian City Hall. Attorney Polackwich reminded the Board that even though no action was required today, in order for this process to come to conclusion on October 18, 2011, the Board would need to vote on a final proposal on September 20, 2011, so staff can have enough time to prepare the documents for final adoption. IO.A.2. BOARD REVIEW OF COMMITTEE TERMS ISSUES (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Attorney Polackwich reviewed his memorandum dated August 30, 2011, to provide background on issues regarding the terms of office for members of the County's committees. He pointed out the issues of an underlying ordinance which contains an internal inconsistency, and the elimination of the position that handled the monitoring of the committee member terms. In an attempt to correct the situation, the County Attorney recommended: (1) amending the ordinance from a two to four-year term so the internal inconsistency will be eliminated; (2) developing a new list of committee member terms that will serve as a baseline in moving forward; and (3) adopting a resolution that will appoint all committee members to specified terms, and establish a system to monitor the terms. He suggested one person oversee the process for accuracy, and volunteered his office to perform the function. September 13, 2011 12 373 The Chairman opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. ON MOTION by Vice Chairman Wheeler, SECONDED bY Commissioner Davis, the Board unanimously adopted Ordinance 2011-007, amending Sections 103.02, 103.04, 103.04.2, 103.22 and 103.30 of the Code of Indian River County, with respect to Committee Member Terms and to address and correct certain inconsistencies and housekeeping matters; providing for severability, a general repealer and an effective date. ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2011-072, reestablishing the terms of members of certain Boards and Committees, and establishing a process to monitor terms in the future through the County Attorney's office. The Chairman called a break at 10: 36 a.m., and reconvened the meeting at 10:46 a.m., with all members present. A.3. PRO. THE 'VCE ELIMINAT. Co RE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE September 13, 2011 OFFICE OF THE CLERK TO THE BOARD 13 14 I P� 3 7 4 Assistant County Attorney Brooke Odom explained that Section 790.33 of the Florida Statues preempts to the State, the Regulation of firearms and ammunition, to the exclusion of any and all existing and future County Ordinances. She pointed out that after the Board visited this issue in March, the Legislature passed an amendment to the Statute which enables e to subject Counties to monetary penalties and possible removal from office, anyone who seeks to enact or enforce any County ordinance contrary to State law. She revealed that her office has since reviewed the County's Code of Ordinances and removed all references relating to guns, Firearms, ammunition, and discharge of firearms. Attorney Odom noted that the proposed ordinance was discussed, reviewed, and preliminarily approved at the August 16, 2011 Board of County Commission meeting, and it is being brought back for public hearing and final adoption. The Chairman opened the Public Hearing. Renee Renzi, Waverly Place, voiced concerns and questioned why references to firearms would not be referenced in the Code of Indian River County. Attorney Polackwich explained that the regulation of guns is a matter of State law, not County ordinance. Vice Chairman Wheeler clarified that the State did not eliminate references to firearms, but was trying to make the law more consistent, clean, and understan dable. He informed Ms. Renzi that Indian River County would be dealing with firearms through State law instead of local code. There being no other speakers, the Chairman closed the Public Hearing. September 13, 2011 14 14I PG 31� ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously adopted Ordinance 2011-008, amending or deleting the following Sections of the Code of Indian River County to remove any provisions relating to firearms and ammunition: Section 101.09 (Disaster Emergency Plans), Section 205.02 (Definitions), Section 205.03 (Rules and Regulations), Section 306.13 (Prohibition Against Discharge of Firearms), Section 901.03 (Definitions in Alphabetical Order), and Section 974.05 (Additional Noise Control Standards by Zoning District); providing for severability; a general repealer; and an effective date. l O.A.4. TAX EQUITY FISCAL RESPONSIBILITYACT (TEFRA) PUBLIC HEARING, ESCAMBIA CO LINTY HO USING FINANCE A UTHORITY, SINGLE FAMILY MORTGAGE REVENUE BONDS (ADMINISTRATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Administrator Baird explained his request for the 2012 Industrial Revenue Bond Allocation, and the County's involvement with the Escambia County Housing Finance Authority, which tries to issue single family mortgage revenue bonds for first time home buyers to purchase moderate income housing. The Chairman opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. September 13, 2011 15 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2011-073, authorizing the Escambia County Housing Finance Authority to operate within the boundaries of Indian River County, Florida, and approving a plan to finance qualifying single family mortgage loans on behalf of Indian River County, Florida; authorizing the Board to enter into agreements with the Escambia County Housing Finance Authority and to execute and deliver certain documents and instruments in connection therewith; approving a form of Interlocal Agreement; approving the issuance by the Escambia County Housing Finance Authority of not exceeding $150,000,000 single family mortgage revenue bonds on behalf of Indian River County, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended; providing that such bonds constitute limited, special obligations; and providing an effective date. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD IO.B. PUBLICDISCUSSIONITEMS -NONE September 13, 2011 16 10. C. PUBLIC NOTICE ITEMS 1 O. C.1. NOTICE OF SCHED ULED PUBLIC HEARING SEPTEMBER ZO, 2011 AND OCTOBER 189 2011: PUBLIC NOTICE OF FINAL TWO PUBLIC HEARINGS SCHED ULED FOR SEPTEMBER 20, 2011 (IN SEBASTIAN CITY COUNCIL CHAMBERS), AND OCTOBER 189 2011 (IN COUNTY COMMISSION CHAMBERS) RELATING TO REDISTRICTING OF INDL4N RIVER COUNTY COMMISSIONER DISTRICTS (ADMINISTRATIVE) 10. C. 2. NOTICE OF SCHED ULED JOINT MEETING SEPTEMBER 19, 2011: THE INDIAN RIVER CO UNTY BOARD OF CO UNTY COMMISSION IS HOSTING A MEETING ON SEPTEMBER 19, 2011, AT 3: 00 P. M. IN B UILDING B, CONFERENCE ROOM BI -501 AT THE INDIAN RIVER COUNTY ADMINISTRATION COMPLEX, 1800 27TH STREET, VERO BEACH, FL. THIS MEETING IS A JOINT MEETING OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS; THE MAYORS OF THE CITY OF VERO BEACH, CITY OF SEBASTIAN, CITY OF FELLSMERE, TOWN OF INDIAN RIVER SHORES, AND THE TOWN OF ORCHID; AND THE INDIANRIVER COUNTY BEACHANDSHORESADVISORYCOMMITTEE September 13, 2011 (ADMINISTRATIVE) County Attorney Polackwich read the notices into the record. 17 8K {41 PG 378 1I* COUNTY ADMINISTRATOR MATTERS II.A. ADDITION: PRELIMINARY/DRAFT LEGISLATIVE PRIORITIES — 201 Z LEGISLATIVE SESSION The following is a preliminary/draft list that Administrator Baird brought before the Board to review, before taking it before the 2012 Indian River County Legislative Delegation. • Trim Notices —Separate Constitutional Officers • Community Redevelopment Agencies • Florida Retirement System Proposed Rates • Florida Statutes Chapter 720 Homeowners Associations • Treasure Coast Regional Planning Council (TCRPC) Funding • Tax Collector — Funding Collections • Funding State Mandates • Indian Mound Inspection on Roseland Road Sidewalk • Beach Renourishment (this item was added to the list) The Commissioners briefly discussed the list; other than above, there were no specific items added or deleted. 12. DEPARTMENTAL MATTERS 12.A. COMMUNITYDEVELOPMENT 12.A.1. REQUEST FOR BOARD A UTHORIZATION TO USE PARK IMPACT FEES AS A MATCH FOR A SO % COST -SHARE GRANT FROM THE FLORIDA INLAND NAVIGATIONDISTRICTFOR "PHASES"PUBLICACCESSIMPROVEMENTS ON THE FLINN TRACT OF THE LAGOON GREENWAY September 13, 2011 18 QK X41 PG 379 W Environmental Planning and Code Enforcement Chief Roland DeBlois, using a PowerPoint presentation (on file), recalled that on February 165 2010, the Board approved an appropriation of $100,000 in Park Impact Fees as a 50% match towards a County Recreational Trails Program (RTP) grant application for public access improvements on the Flinn Tract of the Lagoon Greenway. He said that staff recently learned that the RTP grant application was not selected for funding, which consequently created a shortfall in the funds that were anticipated to serve as a match for the cost -share grant from the Florida Inland Navigation District (FIND) for Phase B of the Lagoon Greenway project. He provided a breakdown of the estimated costs associated with the project, and recommended the Board approve a $109,000 increase in the amount of Park Impact Fees as a match towards the project improvements. Chairman Solari sought and received clarification regarding the County's commitment. Attorney Polackwich explained the requirements for spending impact fees and the need to accommodate growth. Charlie Wilson, 1057 6�' Avenue, did not oppose using impact fees, providing the proper requirements would be met. Bob Johnson, Coral Wind Subdivision, questioned the amount of money in the Park Impact Fee account, asked for clarification on the project's cost, and voiced concern that he might be paying taxes twice. The Board and staff addressed Mr. Johnson's concerns. Annabel Robertson, N. 2810 Flight Safety Boulevard, voiced concern on whether this expenditure was included in the Capital Improvement Program for this budget year. She urged the Board to review Section 1000.13 of the General Impact Fee Ordinance, which prevents the expenditure of impact fees for projects not included in the Capital Improvement Plan in the previous fiscal year. B1t 14 ! PG 3 8 0 September 13, 2011 19 Renee Renzi, Waverly Place, asked if vehicles would be able to access the area. She felt the money could be better spent by putting the lagoon observation deck and canoe /kayak access dock at the end of 45th Street since it already has automobile access. The Commissioners explained why this could not be accomplished. Ken Grudens, 931 Starflower, Sebastian, representing Indian River Land Trust, provided background and emphasized that even though the improvements are on County property (Flinn Tract), the Indian River Land Trust Lagoon Greenway project is a partnership. He urged the Board to move this project forward. Attorney Polackwich read from Sections 1000.1 1, 1008.04, and 1000.13 of the General Impact Fee Ordinance, and gave his interpretation of each provision. He pointed out that even though a proposed program is set forth at the beginning of the year, if a project opportunity arises that meets ordinance and law requirements, the Board would be authorized to spend the funds on that project. Ms. Robertson responded with a difference of opinion regarding compliance with the ordinance for expending the money. Management and Budget Director Jason Brown reported that although this project was included in the Capital Improvement Plan, it is being brought back to the Board because the exact dollar amount was not specified. He noted that since the RTP grant was not awarded to the County, there is a shortfall of $109,000. He thereafter explained the process of presenting the Capital Improvement Program to the Board for various expenditures. He stressed that the Budget is amended when necessary, but always in accordance with the Statutes. September 13, 2011 20 Community Development Director Bob Keating announced that staff is currently amending the Capital Improvement Program, so prior to expending the money, the line item for the Flinn Tract will be added to the Capital Improvement Program with the correct amounts. Discussion ensued among the Commissioners regarding the review of documents, expending impact fees, striving for transparency, and the project meeting the increased infrastructure for community growth. ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Wheeler, the Board unanimously approved a $109,000 increase in the allocation of Park Impact Fee funds towards the Lagoon Greenway Public Access Improvement project, contingent upon the Board making a finding that the proposed project satisfies the criteria to meet new infrastructure to address the growth in the community, and that it be contingent upon award of the Florida Inland Navigation District (FIND) grant. (Clerk's Note: Attorney Polackwich and Commissioner Davis informed the Chairman of scheduling conflicts, and requested that Item 13.A. Traffic Impact Fees Collected in Original TIF District 2 — Fund 101 Issues, be heard following the break.) ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Flescher, the Board unanimously approved moving Item 13.A. Traffic Impact Fees Collected in Original TIF District 2 — Fund 101 Issues, to be heard following the break. September 13, 2011 21 BK�4#PG 382 The Chairman called a break at I1: 56 a.m. and reconvened the meeting at 12:09 p.m., with Commissioner Davis absent. The first half of Item No, 13 A. was heard immediately following this break. 12.8. EMERGENCYSERVICES -NONE 12. C. GENERAL SER VICES -NONE 12.D. HUMANRESOURCES 12.D. I. BOARD OF CO UNTY COMMISSIONERS RATIFICATION OF THE COLLECTIVE BARGAININGAGREEMENT BETWEENINDIANRIVER COUNTY AND TEAMSTERS LOCAL 769 (Clerk's Note: This item was heard following the first half of Item No. 13.A., and the 1: 01 p. m. break, and is placed here for continuity.) Human Resources Director Jim Sexton reviewed the new two-year Collective Bargaining Agreement between the County and Teamsters Local Union No. 769, which would be effective October 1, 2011 through September 30, 2013. He provided background and reviewed the changes to the leave policy for employees hired on or after October 1, 2011. He said the County's goal was to look for a way to reap a short-term savings, as well as a long-term savings in moving forward, and believed the negotiated contract would accomplish this. He recommended the Board ratify the agreement. (Clerk's Note: Commissioner Davis rejoined the meeting at 2:18 p.m.) MOTION WAS MADE by Commissioner Flescher, SECONDED by Commissioner Davis, to approve staff s recommendation. September 13, 2011 22 8K 141 PG 383 r Vice Chairman Wheeler sought and received clarification regarding retirement eligibility, and the accounting of accrued absences and liability. ON MOTION by Commissioner Flescher, SECONDED bY Commissioner Davis, the Board unanimously ratified the Collective Bargaining Agreement between Indian River County and Teamsters Local Union No. 769, effective October 1, 2011 through September 30, 2013, as recommended in the memorandum of September 7, 2011. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.E. HUMANSERVICES -NONE 12.F. LEISURE SERVICES -NONE 12. G. OFFICE OF MANAGEMENT AND B UDGET -NONE 12.H. RECREATION- NONE 12.I. PUBLIC WORxS 12.1.1 AWARl D # 2011048, INDIANRIVER SOUL INTERSECTIONIMPROVEMENTS, IRCPROJECTNO. 1024, FMNo. 4229144-584 1 (Clerk's Note: Items 12.1.1. and 12.J.1. were heard following the conclusion of Item 13.A, and placed here for continuity.) September 13, 2011 23 X41 PG 3S4 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the contract award to the lowest bidder, Timothy Rose Contracting, Inc., in the amount of $105,564.67, for re -construction and re -alignment of the northbound left turn lane on Indian River Boulevard, as recommended in the memorandum of August 31, 2011. CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12..I. UTILITIES SBR VICES 12.T.1. APPROVAL OFAMENDMENT #I TO WORK ORDER WITH GEOSYNTEC FOR GROUND WATER ASSESSMENT AND MONITORING PROPOSAL FOR OLD SAVANNAH LIFT STATION MOTION WAS MADE by Commissioner Flescher, SECONDED by Commissioner O'Bryan, to approve staff's recommendation. Director of Utility Services Erik Olson informed the Board that this project, since January 21, 2011, and with the approval of this work order, will total $29,898.00. Chairman Solari voiced a concern that roughly $300.00 worth of gas was spilled, then the County spent $4,000.00 to do the right thing for remediation, and now it is up to $25,000.00 to make the regulatory agencies happy that the County did the right thing. Director Olson assured the Chairman that Geosyntec had promised that this would be their last request. September 13, 2011 24 The Chairman CALLED THE QUESTION and the Motion carried. The Board unanimously authorized Amendment No. 1 to Work Order with Geosyntec Consultants, Inc. for Groundwater Assessment and Monitoring, in the amount of $4,951.00, as recommended in the memorandum of September 1, 2011. 13. COUNTY ATTORNEY MATTERS 13.A. IMPACT IN TIFD. I01 ISSUES (Clerk's Note: This item was heard following Item 12.D.1. and is placed here for continuity.) 2 —FUND Attorney Polackwich recapped his memorandum dated September 7, 2011, providing history and background regarding the collection of traffic impact fees, Fund 10 1 issues, administrative issues relating to refund of application fees, and refunds based on the failure to spend impact fees within a six-year period. He brought this back to the Board for decision and direction on two issues: (1) whether to reopen Fund 101 for new refund claims/applications, and (2) administrative issues dealing with: (a) reducing the refund application fee, (b) making the fee payable only out of refunded proceeds, and (c) providing notice to the people when an impact fee refund is due. Attorney Polackwich reported that in 1999, things changed when the County went from nine to three districts, and the new ordinance stated that funds collected in the original nine districts must be spent therein. He said Fund 101 was created to hold the funds from the nine districts, specifically District 2, since all fees collected in the other districts were exhausted. The funds from District 2 were collected and placed into Fund 101 from 1986 through 1999, and with the interest that has accumulated, it now totals about $1.1 million ($150,000 of unspent fees, plus $1 million in interest). He explained that if impact fees are not spent within six years, there is a one year refund period where the refunds can be made, but if no application is submitted within September 13, 2011 25 "K 141 PG 366 that one year period, the entitlement to a refund, under our Code, is waived. Since no one filed an application, and the funds are still sitting there, Asset Research and Recovery, Inc. would like the Board to open a new refund application period so people can receive back those funds. Attorney Polackwich stated that the current intended purpose of the funds in Fund 101 is th for an intersection expansion project at the intersection of 17Street and State Road AlA. He specified that this project is located in the City, the County would pay for the project with the impact fees from Fund 101, and based on Ordinance 99-14, the funds held in Fund 101 are required to be spent on original TIF fee District 2. He suggested that if the Board wants to make refunds, that it direct staff to analyze the issues thoroughly, clarify direction with the Attorney General, and come up with proposals and alternatives. Chairman Solari addressed the Fund 101 issue first, then the administrative issues of the fee and notice. Charlie Wilson, 1057 6th Avenue, Asset Research and Recovery, Inc., presented his interpretation and offered suggestions on: (1) the impact fee refund; (2) the 17th Street improvement project; (3) the separation of interest and principal of accounting; and (4) using an accurate list for notice. A brief discussion ensued regarding how the impact fee would be paid. The Chairman called a break at 1:01 p. m., and reconvened the meeting at 2:1 S p. m. with all members present except Commissioner Davis, who returned at 2:18 p.m. (Clerk's Note: After reconvening, the Chairman announced that Item 13.A. would be continued following Item 12.D.1.) September 13, 2011 26 Charlie Wilson briefly reviewed his comments from the morning session and pointed out that since 400 to 600 people did not make application/claim for the refund, it should be obvious that they did not know, which means the Statute of Limitations should have started when the people and County were advised that the fund existed. He reiterated that Fund 101 should be viewed separately from all other issues, stressed that refunding the money or expanding the 17th Street project should not bean either/or decision. He requested the Board return the Fund 101 money and establish a task force to oversee the refund process. Commissioner Davis was concerned about a future refund procedure, and the issue of who would be eligible to apply and receive the refunds. He wanted "unneeded" impact fees to be refunded but was uncertain how it should be accomplished, and who should receive the refunds. Mr. Wilson provided recommendations. Chairman Solari felt the refunds should go back to the people. He said if an orderly refund mechanism could be established, he would vote for it. Commissioner O'Bryan believed: (1) traffic counts should be reevaluated to see if the demand is still there, (2) staff should obtain formal clarification from the City of Vero Beach as to what they plan to do, (3) staff should follow Ordinance 1986-14 which states unused fees are to be paid back with interest, and (4) the County Attorney should obtain an opinion from the Florida Attorney General to reaffirm that the County falls within the Wildwood refund law ruling. Director Brown provided status on the current road projects and the committed funds within the districts. Vice Chairman Wheeler wanted to know where the County can legally use the money. September 13, 2011 27 PG 388 Attorney Polackwich clarified that the code is written so that the money can only be used in TIF District 2, from Beachland Boulevard south to the County line. He disclosed that if the money could be used legally for "truly needed projects" then he favored doing so; otherwise, he would prefer to see the money refunded back to the people. He suggested that in moving Forward, a new software be devised to track impact fees. Administrator Baird suggested obtaining a letter from the City of Vero Beach with their anticipation of the 17th Street project, the cost involved, and whether there are other projected improvements. Ms. Robertson pointed out that about 600 property owners are eligible for the refund, and that once a policy decision is made to refund the money, the current property owners could be easily defined; however, the accrued interest may take some work. She voiced concern with how the current property owners would be noticed after six years, since the notice had not been adopted. Tim Zorc, 7658 S. Polo Grounds Lane, cautioned that should the City want to improve the entire 17th Street intersection, keep in mind that the current ordinance reads that only the pro rata percentage of increased capacity can be spent. The following Motion was in reference to Fund 101 issues: MOTION WAS MADE by Vice Chairman Wheeler, SECONDED by Commissioner Davis, to direct staff to: (1) contact the City of Vero Beach to see if there is a City project that the money is eligible for; (2) decide whether the money is to be refunded; and (3) contact the Florida Attorney General for legal guidance. September 13, 2011 28 Chairman Solari revealed he would vote against the Motion since he did not believe the funds for use along State Road AIA, or other places in the district, should be part of the issue at this time, and also because of the amount of time that elapsed since the collection of impact fees. The Chairman CALLED THE QUESTION and the Motion carried by a vote of 4-1 (Chairman Solari opposed). The Board directed staff to: (1) contact the City of Vero Beach to see if there is a City project that the money is eligible for; (2) decide whether the money is to be refunded; and (3) contact the Florida Attorney General for legal guidance. The following Motion was in reference to Administrative issues: MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner O'Bryan, to direct staff to: (1) keep the application fee amount the same, and (2) provide notice to eligible owners. A brief debate ensued among the Commissioners regarding the application fee. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board directed staff to: (1) keep the application fee amount the same, and (2) provide notice to eligible owners. Director Brown addressed issues relating to the calculations on principal and interest for the impact fees held for the six-year period. September 13, 2011 29 �K � 4 I PG 3 9 0 After discussion, with input from staff, there was consensus by the Board that an open dialogue and a free flow of information would be more effective than forming a task force. 14. COMMISSIONER ITEMS 14.A. COMMISSIONER BOB SOLARI• CHAIRMAN -NONE 14.8. COMMISSIONER GAR Y C. WHEELER. VICE CHAIRMAN -NONE 14. C. COMMISSIONER WESLEY S. DAMS -NONE 14.D. COMMISSIONER JOSEPHE. FLESCHER -NONE 14.E. COMMISSIONER PETER D. O'BRYAN -NONE 15. SPECIAL DISTRICTS AND BOARDS 1 S.A. EMERGENCYSERVICES DISTRKT -NONE I S.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. I S.B. I. CONSTR UCTIONAND DEMOLITION DEBRIS RECYCLING AT IRC LANDFILL 15. C. ENVIRONMENTAL CONTROL BOARD -NONE BK 14 I PG 3 9 September 13, 2011 30 ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES 1us ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 3:43 p.m. ATTEST: Jeffrey K. Barton, Clerk Minutes Approved: BCC/LA/2011 Minutes September 13, 2011 Novo $ zo» Bob Solari, Chairman BK 14 f PG 39