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HomeMy WebLinkAboutMinutes 02.09.2016S■TkaL■(di 1 E COUNTY F L o R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting February 9, 2016 Convened: 6:00 PM Adjourned: 6:55 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 5, Chairman Kim Johnson Attendee Name Kim Johnson itle Status Arrived District No. 5, Chairman Present 6:00 PM District No. 1, Vice -Chairman Present 6:00 PM Chris Dzadovsky Tod Mowery District No. 2 Present 6:00 PM Paula A. Lewis District No. 3 Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Bob Adolphe Deputy County Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Leslie Olson Planning Manager Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Melissa Upton Clerk to the Board Present 6:00 PM 2. INVOCATION 3. PLEDGE OF ALLEGIANCE Generated 2112120161:13 PM Regular Meeting Tuesday, February 9, 2016 6:00 PM 4. APPROVAL OF MINUTES A. Amended Minutes of Dec 1, 2015 6:00 PM RESULT: ACCEPTED AS AMENDED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. Board of County Commissioners minutes for the meeting of Tuesday, January 26, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 5. PROCLAMATIONS APPROVAL A. Resolution Proclaiming February 8-13, 2016 as "2-1-1 Awareness Week" in St. Lucie County, Florida. Page Woodward spoke on behalf of 2-1-1 in St. Lucie County. She thanked the Board for their support. She described the importance of informing the community of the existence of programs where they are able to get help. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. A resolution congratulating Cameron John Weideman of Troop 405 for his achievement in attaining the rank of Eagle Scout with the Boy Scouts of America and commending him for his service to his community now and in the years to come. Cameron John Weideman accepted the proclamation and commented on how he has learned leadership skills from his time in Boy Scouts. He thanked Charles Barrowclough, from the Environmental Resources department for his assistance with his project. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson C. A resolution congratulating Kevin Kicklighter of Troop 475 for his achievement in attaining the rank of Eagle Scout with the Boy Scouts of America and commending him for his service to his community now and in the years to come. 2 1 P a g e Regular Meeting Tuesday, February 9, 2016 6:00 PM Kevin Kicklighter accepted the proclamation and thanked the Board. Chairman Johnson asked Charles Barrowclough to comment on the work the Boy Scouts have done in the county. Mr. Barrowclough commended both young men on their achievements. He spoke about the significance of the 1700 foot trail that was constructed over the course of two and a half months and 300 hours of work by Mr. Weideman. This project was the first service project completed under the recently adopted Facilities Use Agreement. He thanked County staff for their assistance on the project. Mr. Barrowclough detailed plans for fund raisers for future projects. He also announced that in July of this year the segment of scouts known as the Order of the Arrow will be arriving to assist with working on the trails in Fort Pierce. Commissioner Dzadovsky asked about naming rights for the proposed campsites along the trails. Mr. Barrowclough explained that there will be scout and corporate sponsorship opportunities. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 6. PUBLIC COMMENT (excluding Public Hearing items) Annette Brown, 3115 W Dixie Blvd, Fort Pierce -She spoke on behalf of the Morning After Center. Ms. Brown thanked the Board for their support and declared the success of the workshop for sealing and expunging criminal records. Approximately 100 people attended the workshop and over half of those people were helped by the end of the day. She commended Chairman Johnson for taking part in the event. William Abramowicz, 5708 Palm Drive, Indian River Estates - He commented on the water project in Indian River Estates and the paving of the damaged roads after the project. He has spoken with the engineering department regarding the status of the repairs. He was concerned about the progress of the repairs. He also thanked Commissioner Lewis for her years of service to the County. Chairman Johnson asked the County Attorney about the status of the project. The County Attorney answered that there has been progress with the project in regards to grant conditions, the storm water project is complete and the county is in the process of recovering money related to the project. This money would include the costs associated with damage to the roads. He explained that the project has been complicated because the contractor declared bankruptcy. Therefore, the County Attorney will be contacting the insurer for the contractor with proof of the extent of damage and proceeding as needed. Chairman Johnson made sure that Mr. Abramowicz's contact information was collected, to keep him updated on the project. 7. PRESENTATIONS 3 1 P a g E Regular Meeting Tuesday, February 9, 2016 6:00 PM A. St Lucie County Master Gardeners - Mary Moore, OF IFAS St. Lucie County Master Gardener President Mary Moore, the President of the St. Lucie County Master Gardeners presented the group's accomplishments. Ms. Moore has completed over 1400 hours of volunteer work in her ten years with the organization. She volunteers at the butterfly garden, the 4H farm, the plant sales and special events. Last year, the Master Gardeners donated 19,150 hours to the county. They also educated 40,250 community members on gardening related subjects. She thanked the Board for their continued support, specifically Commissioner Lewis for her involvement with their events. Ms. Moore also spoke about the organization's involvement at the Fort Pierce Farmer's Market, Florida Friendly Landscaping, projects with local school, the 4H farm, and the botanical gardens. She mentioned the plant sales and scholarships for the community. Chairman Johnson asked how to contact the Master Gardeners to become involved. Ms. Moore answered that anyone can contact the county extension office with questions regarding the certification program. B. Fair Housing Poster Winners - Jennifer Hance and Diana Wesloski The Housing Division Manager explained the projects her department conducts to educate the community on fair housing. The definition of fair housing includes race, color, religion, gender, national origin, disability and familial status in regards to housing. She introduced the Housing Program Specialist to present the poster contest that she created. She thanked the organizations that assisted with the contest and the judges, including Chairman Johnson, Deputy County Administrator Mark Satterlee, and Director of Community Services Beth Ryder. Chairman Johnson assisted staff in awarding the winners, 3rd place was Eltania, 2nd place was Haley, and 1st place was Bailey. Staff congratulated the winners and those who participated. She thanked the Board for the opportunity to recognize the winners and indicated that the contest will now be conducted yearly. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson A. WARRANTS 1. WL 15-17 B. ADMINISTRATION There are no items scheduled. a Regular Meeting Tuesday, February 9, 2016 6:00 PM C. COUNTY ATTORNEY 1. Notice of Settlement of United States ex rel. Perez v. Stericycle, Inc. 2. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund 3. Stop Gap Ordinance - Commercial Composting Facilities - Permission to Advertise D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES There are no items scheduled. L. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 5 1 P a g e Regular Meeting Tuesday, February 9, 2016 6:00 PM 1. Harbour Ridge Country Club, Inc. — Fee -in -Lieu 2. Resolution - Fisherman's Wharf Development - Acquisition Grant 3. Budget Resolution - Fisherman's Wharf Development - Acquisition Grant 4. Port Engineer Position 5. North 2nd Street Change Order No. 7 with Mancil's Tractor Service, Inc. O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. S. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS 1. Ordinance - Amending Section 38-27 "Registration of Abandoned Real Properties" of the Code of Ordinances and Compiled Laws of St. Lucie County. The Assistant County Attorney presented this item. She clarified that this item has been part of the county's code since 2010. It requires mortgage holders to register their abandoned property with the Code Enforcement Division so there is an agent to call if there is an issue. According to staff, the number of registered abandoned properties was reduced to 400 last year. Staff requests continuation of this ordinance so there is an agent to contact regarding each property. The draft ordinance was advertised on January 26th and notice of the public hearing was published in the Tribune. Staff recommended approval. 6 1 P a g e Regular Meeting Tuesday, February 9, 2016 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Verada Ditch Improvement Project - Settlement Agreement The County Attorney presented this item. The slope failure remediation plan was originally presented at the Board meeting on January 26, 2016. At the last meeting, settlements were approved with the contractor and contractor engineering inspection firm. At that time, there was no success in staff's efforts to reach an agreement with the project's designer, Miller Legg and Anderson Andre. Since that meeting, staff was able to achieve a possible settlement with these firms for $1.3 million. This settlement would include a cash payment of $1,223,000, with the remaining $77,000 to be paid by providing services. The County Engineer and County Attorney reviewed the proposed settlement and recommended approval. The cost of the repairs from the project would be almost fully funded by the settlement funds, as was approved at the previous BOCC meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 2. St. Lucie County vs. Department of Juvenile Justice - Resolution Authorizing the County to Dismiss Pending Litigation Against the Department The County Attorney presented this item. He explained that in the State of Florida, the cost of the juvenile justice system is split between the 67 counties. He indicated that it has been a difficult process to determine which costs are covered by the county instead of the state. The counties have challenged some of the rule changes and the rulings in these cases were in favor of the counties. It was determined that the state significantly overcharged the counties. St. Lucie County was overcharged $3.9 million over this period of time. Several counties, including St. Lucie County, challenged the state in attempts to recover this money. Staff has successfully determined the amount of overpayment but has been unable to collect cash payments or credits. He clarified that this is typically a difficult process. The County Attorney presented the state's proposed changes to improve the current process, Senate Bill 1322 and House Bill 1279. The current formula for dividing costs of juvenile justice is 57% paid by the county and 43% paid by the state. Under the proposed law, the counties and state would split the costs 50/50. The initial savings in 7 1 P a g e Regular Meeting Tuesday, February 9, 2016 6:00 PM St. Lucie County would be $368,000, and overall estimated savings of $200,000 to $300,000 yearly. In addition, current percentages are based by estimates and the new law would be based on the previous year's expenditures. Staff's analysis determined that this process would be a positive change for the county, it would provide certainty and recover money over time. The alternative would be to continue with the litigation against the state. The County Attorney drafted a resolution for the Board to consider, to support the passage of Senate Bill 1322 and House Bill 1279. It also directs the County Attorney to dismiss all pending actions against the State of Florida Department of Juvenile Justice within 10 days of the governor making the law effective. Staff emphasized that this detail is important, because the dismissal of litigation is dependent upon the law passing. Staff recommended approval. Commissioner Mowery commented that the County Attorney will continue to fight to have a greater chance of recovering the money. The County Attorney clarified that some counties did not pay anything, some paid a percentage and some including St. Lucie paid in full what they were billed. Staff indicated that the county did so under protest and felt this was the correct action to take. He advised that the Board should still support the proposed resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. PUBLIC SAFETY 1. FEMA appeal The Public Safety and Communications Director presented this item. He indicated that $40 million in claims were made by the county following Hurricanes Frances and Jeanne in 2004. When all of the repairs had been completed FEMA and the state performed final audits, known as close outs to reconcile all costs. As each project was audited a final dollar amount was calculated. These numbers can result in no changes, the county may receive money back or the county may owe money to the state or FEMA. On December 14, 2015 the county received information from the Florida Department of Emergency Management for 7 FEMA projects. The state is requesting St. Lucie County pay back $1,062,762.73 in funds related to the FEMA audit of these projects. Per the code of federal regulations, the county has 60 days from the notice date to appeal. The county's appeal must be received by the state on February 12, 2016. Upon review of the 7 projects, staff believes that FEMA is in error on 4 of the projects. The Public Safety and Communications Director requested that the Board approve the continuation of appeal on the 4 projects for a total amount of $767,619.16. Chairman Johnson clarified the number of projects to be appealed, as the agenda showed 5 projects. Staff confirmed there are 4 projects for appeal. Regular Meeting Tuesday, February 9, 2016 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson C. PUBLIC WORKS 1. Resolution - Parkland Municipal Services Benefit Unit Special Assessment Revenue Bond Series 2016 This item was presented by the Municipal Services Benefit Unit Coordinator. She explained that this unit was created by the Board in response to petitions by 54% of affected property owners to fund the cost of constructing potable water and fire protection improvements in their neighborhood. In October 2015, the Board levied non - ad valorem special assessments on parcels within the Parkland MSBU and authorized the issuance of special assessment revenue bonds in the amount not to exceed $450,000. The county's financial advisor requested proposals from local lending institutes that could provide the county with a fixed rate 15 year term loan. After the proposals were reviewed and discussed by county staff it was determined that Seacoast Bank provided the most favorable rates and terms to the county. If approved the resolution will amend and restate resolution 2015-191 and authorize the issuance of special assessment revenue bonds in the amount not to exceed $339,000. The not -to - exceed amount has been reduced due to prepayments received from parcel owners. The security for the bonds would be a lien upon and a pledge of the federal assessments. Staff recommended approval. Commissioner Dzadovsky commented that he has been approached by homeowner's associations with questions regarding the lighting districts. The homeowners wanted to know about updating lighting and reducing electric bills. He asked the Board to work with staff to review the lighting districts to address these questions in a future workshop. Commissioner Lewis recommended that staff examine the matter and see if there is anything to discuss at a future meeting. Staff indicated that she had reviewed the situation. She explained that Fort Pierce Utility Authority has a plan to replace old lighting with LED beginning in the summer. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 11. ANNOUNCEMENTS A. County offices will be closed on Monday, February 15, 2016 to observe President's Day. 9 1 P a g e Regular Meeting Tuesday, February 9, 2016 6:00 PM B. The Board of County Commissioners will hold a Regular Board meeting on February 16, 2016 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Special Informal Board meeting to address the Federal Legislative Update on February 18, 2016 at 9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Regular Board meeting on March 1, 2016 at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold an Informal Board meeting on March 8, 2016 at 9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. F. The Board of County Commissioners will hold a Regular Board meeting on March 15, 2016 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 10 1