Loading...
HomeMy WebLinkAboutMinutes 07.07.2015S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting July 7, 2015 Convened: 6:00 PM Adjourned: 9:14 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 3, Chair Paula A. Lewis Attendee Name Title District No. 3, Chair District No. 5, Vice -Chair District No. 1 Paula A. Lewis Present 6:00 PM Kim Johnson Present 6:00 PM Chris Dzadovsky Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Tod Mowery District No. 2 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Robert G. Adolphe PE Deputy County Administrator Present 6:00 PM Mark Satterlee Deputy County Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Heather Young Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director 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 Asheley Hepburn Director, Office of Management & Budget Present 6:00 PM Leslie Olson Planning Manager Present 6:00 PM Carl Holeva HR Interim Director Present 6:00 PM Ceretha Leon Human Resources Director Present 6:00 PM Sue Korunow Clerk to the Board Present 6:00 PM Generated 911012015 8:49 AM Regular Meeting Tuesday, July 7, 2015 6:00 PM 2. INVOCATION 3. PLEDGE OF ALLEGIANCE Veteran's from World War II led the Pledge. 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Friday, May 15, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery B. Board of County Commissioners minutes for the meeting of Tuesday, June 16, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery S. PUBLIC COMMENT (excluding Public Hearing items) John Arena, Fort Pierce - Stated some members of families who have lived in St. Lucie County for more than 100 years are in favor of a large cargo port for the County. He said they are not taking into account what the overall effect would be such as truck traffic and a large off -site distribution yard which would displace homes and the neighborhood. He spoke on how the Columbia glacier in Alaska is melting eight times faster than it did thirty years ago and scientists think the use of fossil fuel such as oil is the cause. He stated the world is running low on clean water and recently NASA found some of the country's major underground aquifers are being depleted of fresh water. He commented that people who are supposed to be guarding our environment go into neutral once they are hired, in some ways they are worse than the polluter's by giving the public false hope. He stated it looks like the County may get a big cargo port, never mind the facts. He had argued against it for some 20 years, he said he had done what he could, he was tired and now he was done. His interest is in the integrity of the Indian River Lagoon. Bill Theiss, Mayor of St. Lucie Village, 2512 Lightwood Lane, Fort Pierce, FL - Came to speak as the Mayor on behalf of the residents of St. Lucie Village. He stated the Villages attorney had sent an email earlier urging the Board to follow staff recommendations on Items 10131 and 10132 and was there to reiterate that support. He noted staff's work on the Environmental Impact Statement (EIS) is much more thorough than the Villages but is all in all of the same area. They feel the EIS is very deficient and has very poor planning, it's 19th early 20th Century planning for a 21st Century project and there are many things of substance that need to be addressed. They are thankful of a few things that were addresses such as movement of the triple track from The Villages but he is unsure what type of problems the move from The Villages to downtown Fort Pierce will 21 Regular Meeting Tuesday, July 7, 2015 6:00 PM create for downtown area. They are still opposed to the project and appropriated $60,000 of their budget to look into it. He stated they appreciate all the work staff has done, enjoy working with them and are behind them until they get it worked out one way or the other. 6. PROCLAMATIONS APPROVAL Resolution - Adoption of a resolution recognizing Southeast Florida Honor Flight for their continued dedication to and service of veterans of St. Lucie County, Florida. Commissioner Lewis presented SE Florida Honor Flight Board of Director member Van Sowerby with the proclamation. Mr. Sowerby, a 45 year resident of St. Lucie County, pastor, CPA and Treasurer for Southeast Florida Honor Flight spoke about how the flights are fully funded by donations from the public and the yearly budget of approximately $400,000 they like to meet which enables them to take veterans on 4 flights per year to Washington, D.C. He spoke of the opportunities for volunteers and guardians to travel to Washington, D.C. with the veteran's for the day. He challenged the Commissioners to come with them for a day and see what happens. They serve St. Lucie, Indian River, Martin and Okeechobee Counties. He stated they are about $60,000 short for their 4th flight of the year so they are looking to raise funds to cover that flight. He introduced Dr. Shamsher Singh, the treating physician to all of the veterans present. Dr. Singh introduced the veterans to the Board and provided a brief background on where they served. To donate, participate or be a guardian go to www.honorflightse.org or call 855.FLY A VET. Commissioner Dzadovsky offered to contribute US Airways/American Dividend miles to purchase 2 tickets to the group. Group pictures were taken and the Manager of Veteran's Services spoke about the program providing his support for the program as well. 3 1 P a g e Regular Meeting Tuesday, July 7, 2015 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery A. WARRANTS Warrant List Numbers 37 & 38 B. ADMINISTRATION Resolution - Ocean Village Gate Request C. COUNTY ATTORNEY 4 1 P a g e Regular Meeting Tuesday, July 7, 2015 6:00 PM 1. Verada Ditch Improvement Project - Permission to Sue 2. Resolution - Lease Agreement with Positive Mind & Body Support Group Network, Inc. 3. Revocable License Agreement - River Park - Parcel ID 3419-570-0050-000-2 - Steven Taylor 4. Revocable License Agreement - Monitoring Wells - Parcel ID 1324-311-0001-000-0 and 1325-211-0000-000-9 5. Revocable License Agreement - Comunidade Das Nacoes, Inc. - Sidewalk in County Right -of -Way 6. Contract - San Lucie Plaza Drainage Improvement Project - Mr. and Mrs. Porter - Parcel ID 1428-702-1233-000-1 7. Interlocal Agreement for Expansion of Pretrial Services between St. Lucie and Okeechobee County D. COMMUNITY SERVICES 1. Resolution - 15 - Federal Transit Administration (FTA) 5339 FFY13 2. Resolution - 15 - Federal Transit Administration (FTA) 5339 FFY13 3. Invitation to Bid (ITB) No. 4-5 4. Neighborhood Stabilization Program (NSP) 1 - Closeout Agreement E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES 1. Corizon Inmate Health Care 2014-2015 2. Corizon HIV Meds Dec 2014 thru Mar 2015 H. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 5 1 P a g e Regular Meeting Tuesday, July 7, 2015 6:00 PM 1. Request for Qualifications (RFQ) No. 15-037, Professional Engineering Services for North Hutchinson Island Septic Removal Project 2. Award of Bid No. 15-035, Rental of Construction and Industrial Equipment 3. Award of Bid No. 15-043, Heavy Equipment Parts and Repair Services J. PARKS, RECREATION & FACILITIES 1. Third Amendment to the Concessions/Catering Agreement with Di'Michelli's Catering, Inc. (C12-12-513) 2. Waiver of Skate Park Facility Rental Fees - Future 6 Helping Hand Fund Inc 3. Waiver of Facility Use Agreement: Senator Grimsley K. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS There are no items scheduled. N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE Replacement of Day Labor Positions to Regular County Positions P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES ME Regular Meeting Tuesday, July 7, 2015 6:00 PM There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance - Reauthorizing the Levy for the Local Option Fuel Tax County Attorney provided background information on the Ordinance Reauthorization for the Levy of the Local Option Fuel Tax noting this is a reauthorization of an existing tax which expires 8/31/15. Attempts to negotiate an interlocal agreement with the City of Port St. Lucie were unsuccessful and deadlines have expired. There are three options available to the County but staff feels only one of the three would be a beneficial for the County moving forward. Options Staff has determined that the Board has at least three (3) options as follows: 1. Adopt an ordinance levying the tax for thirty (30) years without an interlocal agreement - This would result in the distribution of local gas taxes based on transportation expenditures for the previous five (5) years. 2. Adopt an ordinance levying the tax without an interlocal agreement for a limited period of time - e.g. through December 31, 2017. 3. Do not adopt the ordinance. Staff recommended Board adopt the draft Ordinance implementing Option 2 (Version "B") as attached. After discussion there was hesitation to set a December 31, 2017 time frame as listed in the recommended Option 2 by Board Members. Board Members felt this would again push the deadlines out and cause issues such as those currently being experienced by the County. The consensus was the Board wishes to have frequent updates on the status of new attempts to negotiate an interlocal agreement with the City of Port St. Lucie prior to the December deadline. This would alleviate the last minute issues which have occurred during this round of negotiations. Board approved Option 2 with the requirement that staff provide quarterly reports on the status of negotiations until such time as an interlocal agreement has been established. 7 1 P a g e Regular Meeting Tuesday, July 7, 2015 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery B. PUBLIC WORKS 1. Resolution - Hays Subdivision - Public Hearing for Paving Waiver and Fair Share Contribution Agreement County Surveyor provided background information and a presentation on the proposed resolution, paving waiver and Fair Share Contribution agreement and discussion followed. Staff presented three Options to the Board for consideration: 1. Board may waive the fee in it's entirety subject to conditions the Board deems necessary. 2. Board may modify the Fair Share Contribution amount subject to conditions the Board deems necessary. 3. Board reviews to approve staff recommendation and accept the Fair Share Contribution in the amount of$48,154.00 subject to the conditions the Board deems necessary. Staff recommended Board approval of the Paving Waiver, Fair Share Contribution Agreement in the amount of 48,154.00, Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. Discussion regarding requiring developer to agree to sign a MSBU should there be a move to create a MSBU and that language be placed on the plat took place. PUBLIC COMMENT: Representative for the developers, Greg Boggs spoke to the Board regarding the request. They have the plat ready for final recording. Mr. Boggs confirmed the developer has agreed to place the language on the plat; agreeing to join in and sign a MSBU should that situation arise. Board moved approval of the waiver with the stipulation that the developer place the language on the plat and agree to sign a MSBU with two YES votes in the future. 8 1 P a g e Regular Meeting Tuesday, July 7, 2015 6:00 PM RESULT: ADOPTED [4 TO 11 MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Paula A. Lewis, Kim Johnson, Chris Dzadovsky, Frannie Hutchinson NAYS: Tod Mowery 2. Resolution - Jenkins Park/Starcher MSBU MSBU Project Manager provided background information and a presentation on the proposed resolution which outlined the interlocal agreement between the County, FPUA and the City of Fort Pierce. Items included in the MSBU are as follows: installation of potable water mains, fire hydrants and individual water services. Staff stated property owners are encouraged to contact their homeowners insurance vendors regarding possible fire hydrant discounts. As a condition of service upon connection to the system residents would be required to sign a conditional annexation agreement with the City of Fort Pierce. The agreement states in the event the subject property ever becomes contiguous to the city limits the owner will consent to the annexation voluntarily. Due to a call from a concerned property owner regarding annexation, a comparative analysis of the property tax ad valorem assessment increase was provided. Further details were provided in the presentation with an outline of the Resolution. PUBLIC COMMENT: Richard Silvestri, Indian River Estates Home Owners Association President - Stated he attended a Fort Pierce meeting where they annexed properties on US1 South of Midway Road which were all commercial properties not far from his home nor from Indian River Estates. He stated Commissioner Alexander objected to annexing the properties because he felt those property owners were being coerced into signing the agreement or their water would be cut off by FPUA. Mr. Silvestri wondered if the 58% of the people who have voted in favor of the annexation have thought about it, if down the road, if the City of Fort Pierce decided to annex the properties, can they annex them and why St. Lucie County Utilities isn't providing the water instead of FPUA. He personally doesn't see the benefits of belonging to a city when the county's already provide municipal services. The following residents are against the annexation: -Randy Young, Jenkins Park Avenue, Fort Pierce, FL -Keenan Blankenbaker, 303 Lott Street, Fort Pierce, FL The following resident was in favor of the annexation: -Leslie Karen Pfeiffer, 5865 Jenkins Park, Fort Pierce, FL 9 1 P a g e Regular Meeting Tuesday, July 7, 2015 6:00 PM Board clarified to residents that the reason it is not possible for the County to provide service is due to the location of the properties. These properties lay within the City limits and is part of the Urban Service agreement. Staff recommended Board approval of the Jenkins Park/Starcher MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 10. REGULAR AGENDA A. ADMINISTRATION Resolution - Sunshine Kitchen EDA Grant Acceptance This item was heard after Items 10131. & 10132. Deputy County Administrator introduced the EDA Grant Acceptance for the Sunshine Kitchen at the TCERDA Research Park. He provided brief background information on the request and introduced TCERDA Board Member Mike Adams and TCERDA Director. Mr. Adams provided an introduction to a presentation then introduced the Director who continued the presentation by discussing five topics relevant to the project as follows: 1. What is a business incubator 2. Jobs 3. Shell and Interior Construction 4. Building Operation and 5. Programs. Discussion between staff and Board brought about questions regarding the costs and how they might be able to cover costs involved in building and administrative fees. Staff stated they have a Letter of Intent for the lease of the 4,000 sq. ft. Of the building which would generate $55,000 annual income. They also anticipate another $55,000 in revenue from other program efforts in the office space which can be utilized in a shared way with USDA/IFAS. Further details were discussed. Commissioner Dzadovsky expressed his support for TCERDA noting due to the County's budget constraints felt he needed to vote against the project since there is no guarantee of funding and the County's General Fund is unable to cover the additional costs. The remaining Board Members, although in agreement with Commissioner Dzadovsky regarding the risk, felt it would be in the best interest of all to support the project based on the information provided and voted to move forward by supporting TCERDA's move to accept the EDA Grant for construction of the Sunshine Kitchen Food Business 101Page Regular Meeting Tuesday, July 7, 2015 6:00 PM B. Incubator at the Treasure Coast Research Park, approving Resolution 2015-77 and authorizing the Chair to sign documents as approved by the County Attorney. RESULT: ADOPTED [4 TO 11 MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Paula A. Lewis, Kim Johnson, Frannie Hutchinson, Tod Mowery NAYS: Chris Dzadovsky COUNTY ATTORNEY 1. RES-2015-110 : All Aboard Florida - Environmental Impact Statement (EIS) County Attorney introduced the item and the Director of Public Works reviewed the 90% Plans and provided the Board with comments/insights as a result of that review. Staff is of the opinion that there will be significant negative impacts to county citizens if the issues are not addressed. At this point those issues are not included in the 90% Plans. Commissioner Dzadovsky responded very negatively to the DEIS stating he has deep concerns about it. Attorney Segudo Fernandez from the firm of Oertel, Fernandez, Bryant & Atkinson was retained as special counsel to review the Draft Environmental Impact Statement (DEIS) submitted by AAF to the Federal Railroad Administration (FRA) and to provide advice on how to proceed with providing an indepth review of the DEIS. Upon initial review, the firm determined the Draft was seriously deficient. He explained there are two processes going on: 1. Review of the 90% Plan generated by AAF and submitted to FRA which the Director of Public Works discussed and 2. The larger process which is the DEIS which is supposed to consider in the broadest terms the impact the project will have on this county and all other locations the project is traveling through/will affect. He noted the 90% plans staff received for review didn't contain the details/proposals the DEIS is considering so there is a disconnect between the engineers who staff were speaking with and what the people at AAF were telling the FRA. The two don't "jive" and the analyses done on them are significantly deficient. The firm recommended they focus on four specific areas and had experts hired by the firm provide indepth research on each area in their findings. Those four areas are: Rail Safety, Traffic Impact, Environmental Impacts to Habitat and Species and Cultural Resources. Mr. Fernandez provided the results of that research to the Board all of which are included in the Critical Assessment document which will be sent to the FRA. Each of the expert reports was self-explanatory but, in general, the reports confirm the serious deficiencies of the draft EIS. A summary of the deficiencies was set out in the draft transmittal letter to FRA (page I in the Critical Assessment). Staff recommended the Board: 111 Page Regular Meeting Tuesday, July 7, 2015 6:00 PM • Approve and ratify the submission of the draft Resolution and authorize the Chair to sign the draft Resolution. • Authorize payment of the attached invoices from the special fund the Board created pertaining to AAF. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Frannie Hutchinson, District No. 4 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. All Aboard Florida Agreement with Respect to Existing Crossing Agreements County Attorney provided background information on the Crossing Agreements noting the County had requested additional time in order to address some of the issues in regard to train and traffic safety as addressed in the previous item number. AAF, suggested via email, they would agree to a deferral until September 22, 2015 which would allow the Board up until September 15, 2015 to consider the agreements. Staff recommended the Board not enter into the Existing Crossing Agreements due to the negative impacts addressed by the County's consultants and staff. Staff suggests it would be appropriate for the Board to grant additional time to determine how AAF reacts to the consultants and staff's recommendations, how the FRA reacts and defer action on the item tonight; take action on the Crossing Agreements no later than September 15, 2015. RESULT: TABLED (CONTINUED) [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 11. ANNOUNCEMENTS A. Board Comments and Introduction of New Staff Members County Administrator introduced the new Human Resource Director, Ceretha Leon who joined the Board on 7/6/15 and thanked Interim HR Director Carl Holeva for his service who held the position during the hiring process. Mr. Holeva will be transitioning back into retirement mode. He also introduced the new Assistant Director for the Parks, Recreation and Facilities Department, Daniel Retherford. Commissioner Dzadovsky announced the web cams placed by the Tourism Development Council are fully functional stating over the 4th of July the website saw substantial increase in website clicks. He remarked about how impressive it was to logon and actually watch the 4th of July fireworks real-time stating he feels strongly the County will see a substantial increase in the 121Page Regular Meeting Tuesday, July 7, 2015 6:00 PM 250 mile drive range for people visiting the area. This will be an incredible opportunity for the County to benefit from a tourism standpoint. He spoke about discussions taking place with the City of Port St. Lucie to engage them with additional web cams which will add to the boundaries currently being presented on the site. B. The Board of County Commissioners will hold an Informal Meeting on July 14, 2015 at 9 am in Conference Room #3. C. The Board of County Commissioners will hold a Regular Board meeting on July 21, 2015 at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners FY16 Budget Workshops will take place on Monday, July 13, 2015 and Thursday, July 16, 2015. Both workshops will begin at 9:00 am and will be held in Conference Room #3. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. 4Chair Paula A. Lewis, District N, 7/7/2015 Joseph E. Smith Clerk of Circuit Court 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. 13 1