HomeMy WebLinkAboutMinutes 12.15.2015S■TkaL■(di 1 E
COUNTY
F L o R r D A
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
December 15, 2015 Convened: 9:00 AM
Adjourned: 10:21 AM
1. CALL TO ORDER
The meeting was called to order at 9:00 AM by District No. 5, Chairman Kim Johnson
Attendee Name 11
District No. 5, Chairman
District No. 1, Vice -Chairman
District No. 2
District No. 3
Arrived
Present 9:00 AM
Kim Johnson
Chris Dzadovsky
Present
9:00 AM
Tod Mowery
Present
9:00 AM
Paula A. Lewis
Present
9:00 AM
Frannie Hutchinson
District No. 4
Present
9:00 AM
Howard Tipton
Administrator
Present
9:00 AM
Mark Satterlee
Deputy Administrator
Present
9:00 AM
Daniel S. McIntyre
County Attorney
Present
9:00 AM
Heather Young
Asst. County Attorney
Present
9:00 AM
Katherine Barbieri
Asst. County Attorney
Present
9:00 AM
Edward Matthews
Parks, Recreation & Facilities Director
Present
9:00 AM
Don West
Public Works Director
Present
9:00 AM
Laurie Waldie
Utility Director
Present
9:00 AM
Beth Ryder
Community Services Director
Present
9:00 AM
Asheley Hepburn
Director, Office of Management & Budget
Present
9:00 AM
Leslie Olson
Planning Manager
Present
9:00 AM
Ceretha Leon
Human Resources Director
Present
9:00 AM
Gertrude Walker
Supervisor of Elections
Present
9:00 AM
Melissa Upton
Clerk to the Board
Present
9:00 AM
Angela Riggins
Clerk to the Board
Present 9:00 AM
Generated 1211812015 1:58 PM
Regular Meeting Tuesday, December 15, 2015 9:00 AM
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF THE MINUTES
A. Board of County Commissioners minutes for the meeting of Tuesday, November 17, 2015
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
B. Board of County Commissioners minutes for the meeting of Tuesday, December 01, 2015
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
5. PROCLAMATIONS APPROVAL
There are no items scheduled.
6. PUBLIC COMMENT (excluding Public Hearing items)
Robert Mucklow - Aires Lane, Port St. Lucie - Spoke about document titled "The Physical Year
2016 Recommended Budget". Asked why the total county budget summary analysis (pg.24)
shows $200 million increase from 2014 to 2016. Asked about risk management money (pg.21)
increase from $0.9 million to $11.6 million from 2014 to 2015. Inquired about public works
(pg.23) $9.8 million for 2014 engineering budget to $48.2 million in 2016. Asked about page 24,
environmental land management increase from $2.8 million in 2014 to $4.8 million in 2016 and
the tripling of budget for coastal management service. He also inquired about the planning and
development services doubling, while St. Lucie County airport has tripled.
Henry Erfurt - Indian River County Resident - Representative for Harris Corporation, public
safety radio provider. Commented that his company was never approached for information or
cost for a new system, in regards to the proposed new 800 MHz radio system. Harris
Corporation provides radio communications to the military, the State of Florida, and Florida
State Law Enforcement agencies. Asked the board to consider their options and ask questions
in regards to the radio system.
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Regular Meeting Tuesday, December 15, 2015 9:00 AM
7. PRESENTATIONS
There are no items scheduled.
8. CONSENT AGENDA
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
A. WARRANTS
Warrant List Numbers 6 through 9
B. ADMINISTRATION
Summit Strategic Partners LLC Contract Amendment
C. COUNTY ATTORNEY
1. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense
Fund
2. Midway Road (Selvitz Road to South 25th Street) - Liberty Baptist Church - Parcel ID
3403-502-0151-000-0 (portion of)
3. Interlocal Agreement - Between the St. Lucie County Fairgrounds and the St. Lucie
County Sheriff's Office
4. Collective Bargaining Agreement - Teamsters Local Union No. 769
D. COMMUNITY SERVICES
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Regular Meeting Tuesday, December 15, 2015 9:00 AM
1. Budget Resolution - FY16 Florida Department of Transportation (FDOT) Block Grant
2. FY16 Florida Department of Transportation (FDOT) Block Grant
3. Resolution - Residential Construction Mitigation Program (RCMP)
4. Award of Invitation to Bid (ITB) No. 13
5. Resolution - Memorandum of Understanding with Florida Department of Health
Housing Opportunities for Persons with AIDS
6. Second Amendment with ARC for Job Access Reverse Commute (JARC)
E. COURT ADMINISTRATION
There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
There are no items scheduled.
G. HUMAN RESOURCES
Corizon Inmate Health Care 2014-2015
H. INFORMATION TECHNOLOGY
There are no items scheduled.
I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
There are no items scheduled.
J. OFFICE OF MANAGEMENT & BUDGET
1. Moved to Regular Agenda
2. Removal of Assets from Land, Building & Improvement Capital Asset Inventory
3. Removal of Fixed Assets from Inventory
4. Request for Qualifications (RFQ) No. 15-066, Professional Marine Engineering Consulting
Services related to Artificial Reef Projects
5. FY16 Budget Amendment Constitutional Officers
K. PARKS, RECREATION & FACILITIES
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Regular Meeting Tuesday, December 15, 2015 9:00 AM
1. Save the Chimps Fee Waiver
2. Waiver of Fairgrounds Facility Use Rental Fee for the 2016 Florida Indian Hobbyist
Association's (F.I.H.A.) Pow Wow
3. Tradition Field Expansion Joint Replacement & Waterproofing
4. Award Bid No.15-074 Event Cleaning of Tradition Field
5. Security System Upgrade of the St. Lucie County Jail
6. Resolution - Reimbursement Resolution Regarding Security System Upgrade of the St.
Lucie County Jail
L. PLANNING & DEVELOPMENT SERVICES
Acceptance of Florida Department of Transportation (FDOT) Joint Participation
Agreement (JPA) for the Rehabilitate Taxiway D1 Project at St. Lucie County
International Airport Project
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There are no items scheduled.
N. PUBLIC WORKS
1. Christensen Road - Refund of Fair Share Contribution
2. Indian River Drive Emergency Repairs - Acceptance of Projects
3. Authorization to Create a Construction Inspector III Position in the Public Works
Department/Engineering Division
4. Resolution - Fisherman's Wharf Development - Design Grant
5. Budget Resolution - Fisherman's Wharf Development - Design Grant
6. North 2nd Street Change Order No. 5 with Mancil's Tractor Service, Inc.
7. North 2nd Street Change Order No. 6 with Mancil's Tractor Service, Inc.
O. SHERIFF'S OFFICE
There are no items scheduled.
P. SOLID WASTE
51
Regular Meeting Tuesday, December 15, 2015 9:00 AM
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
Chairman Johnson, with approval from the Board, moved item 10 "Regular Agenda" before item 9 "Public
Hearing".
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1. Ordinance - Amending "Debris Removal" of the St. Lucie County Code of Ordinances
The Assistant County Attorney spoke on behalf of the ordinance to amend the current
debris removal ordinance. The original ordinance was adopted by St. Lucie County to
allow removal of debris from public and private right-of-ways during declared states of
emergency. This amendment would clarify that the county will obtain agreements and
shall only add new communities annually.
The Board granted permission to advertise this ordinance on October 20, 2015. Notice
to the public hearing was published on December 4, 2015.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
2. Ordinance - Creating Section 16.30 "Cyber Safety" of the St. Lucie County Code of
Ordinances
The Assistant County Attorney spoke on behalf of the ordinance to create a new section
16.30 Cyber Safety St. Lucie County Ordinances. Florida Statute 847.041 provides that a
minor on a first offense for 'sexting' can be punished by a civil penalty with community
service and payment of a fine. Section 847.041 subsection 6 provides that the clerk shall
set aside 80% of the fines into a separate county account, the Cyber Safety Trading
Fund. This ordinance sets up the account and provides that the money will be used for
Cyber safety training.
The Board granted permission to advertise this ordinance on October 20, 2015. Notice
to the public hearing was published on December 4, 2015.
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Regular Meeting Tuesday, December 15, 2015 9:00 AM
Commissioner Hutchinson asked if this program would be similar to the driver's
education annual grant. Staff indicated that fund is much larger than the proposed fund.
The intent would be the same use, once funds increase.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
B. PLANNING & DEVELOPMENT SERVICES
1. Ordinance - Comprehensive Plan Text Amendment to Revise Policies Related to the Port
Master Plan, Water Supply Facilities Work Program, Wetlands and Fracking - Legislative -
Adoption Hearing
The Comprehensive Planner presented the final adoption hearing for an amendment to
the Comprehensive Plan. The ordinance is updating the entire policy document of the
Port of Fort Pierce. These changes are proposed per recommendations made by the
Harbor Advisory Committee. In addition to updating the port master plan, the ordinance
also contains policy edits to the potable water sub -element and the conservation
element. Public notice was published on December 3, 2015 and no formal comments
from the public were submitted.
The proposed update was a collaborative effort between the City of Fort Pierce, the City
of Port St. Lucie, St. Lucie County and the Florida Department of Transportation.
Staff presented the specific changes covered by the amendment, including changes to
the language used in the policies. Changes to port policy documents can be summarized
in the vision statement for the port, which includes maximizing economic benefit to the
region while minimizing impact to the Indian River Lagoon.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
2. Ordinance - Islamorada Brewing Co. - Text Amendment to the Land Development Code
Pertaining to Distance Requirements for Alcoholic Beverages - 1st Hearing
The Comprehensive Planner presented the first reading of the petition to amend the
Land Development Code section 7.10.11. The code covers distance requirements of on
premise consumption of alcohol from an existing church, school, public park or
playground.
Notice of the public hearing was published on December 3, 2015 and no public
comments have been submitted.
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Regular Meeting Tuesday, December 15, 2015 9:00 AM
Section 7.10.11 requires all licensed businesses proposing to sell alcohol for on premise
consumption to be located at least 1,600 feet away from an existing church, school,
public park or playground. Currently the only relief available from this section of the
code is for a restaurant where the Board may grant relief for up to 600 feet.
The proposed amendment retains the current distance requirement while providing a
waiver request process for on premise consumption as an accessory to an authorized
primary use. The 3 authorized primary uses are identified as beverage manufacturing
and wholesale and retail trade of alcohol. The waiver process shall follow the
conditional use permit process. The application will be analyzed by staff, the request
requires 2 public hearings, and mail notices are sent to neighbors within 500 feet. The
waiver notice is extended to include schools, parks or churches with the 1,600 feet
distance requirement. The waiver may have site specific conditions to ensure the use is
compatible with the surrounding areas.
Commissioner Mowery asked for clarification regarding mail notices to public parks and
playgrounds. He also asked why use a distance of 1,600 feet and not petition to reduce
that as well. Staff specified the mail notice would go to whomever the property
appraiser has listed as the owner. For city owned properties, the city would be notified.
Staff answered that 1,600 feet is the current required distance and they were
attempting to do as few edits as necessary to allow for the waiver process.
Commissioner Mowery commented that 2 public hearings seemed excessive along with
some of the additional required elements associated with this amendment.
Commissioner Hutchinson pointed out the need to define "tasting rooms" for this
accessory use. She indicated that she had met with the applicant and discussed this type
of use. Commissioner Mowery commented on the last item, which indicated that the
entire agreement could be revoked. He wanted to know if there were conditions in
place or an established standard.
Staff concluded that the proposed text amendment is in compliance with the
Comprehensive Plan and is internally consistent with the Land Development Code. The
waiver process allows for expansion of businesses focused on the manufacturing or sale
of alcoholic beverages. This furthers Comprehensive Plan Policy 10.111 which calls for
diversifying the industrial base and strengthening the job market. The conditional use
permit process provides for safeguards to ensure that each waiver is reviewed for site
specific appropriateness. The proposal is consistent with other local jurisdictions. Staff
requests scheduling the second and final public hearing for January 5, 2016.
Commissioner Mowery wanted to provide staff with suggestions that would not require
reposting of the public hearing. He suggested adding the definition of "tasting room"
and list of conditions for revocation. He also asked to have the item dropped to just 1
public hearing on January 5tn
The county attorney indicated that this is the first public hearing and no action would be
taken today. The final action will be taken on January 5tn
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Regular Meeting Tuesday, December 15, 2015 9:00 AM
Staff indicated the 1,600 feet requirement is listed in the supplemental standards
section that has been advertised as being amended. The County Attorney indicated that
change would be considered a substantive change and would require reworking of the
amendment.
Chairman Johnson mentioned the question of safety regarding the consumption of
alcohol. Would like the staff to address measures for safety in the next hearing.
Commissioner Mowery indicated that this could be addressed in the conditions for
revocation.
Commissioner Mowery made the motion to move forward with 2nd hearing.
Commissioner Hutchinson seconded the motion.
RESULT: 1ST READING APPROVED Next:
1/5/2016 6:00 PM
C. UTILITIES
Resolution - Amend Connection Fees for the St. Lucie County Water & Sewer District
(North County)
The Utilities Director presented a resolution to amend wastewater connection fees. The
current proposal is to maintain the water connection fees at $3773 for single family
connection and $2794 for multi -family. Staff is also proposing a reduction for
wastewater connection fees of $788. Single family residential would reduce to $3425
and multi -family to $2537.
Commissioner Dzadovsky asked for clarification of what is included in the connection
fees. Staff explained that a new development will affect the overall components of the
water system, and capacity must be made available.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
10. REGULAR AGENDA
Chairman Johnson, with approval from the Board, moved item 10 "Regular Agenda" before item 9 "Public
Hearing".
1. Request for Qualifications (RFQ) No. 15-063, Professional Surveying and Mapping Services -
Continuing Contracts
Commissioner Mowery asked to discuss item J1 separately from the rest of the Consent
Agenda.
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Regular Meeting Tuesday, December 15, 2015 9:00 AM
Commissioner Mowery noted that 12 firms submitted for the Request for Qualifications (RFQ).
The County selected 7 firms from this list, and currently utilize 3 firms for surveying services.
Commissioner Mowery looked at what Martin and Indian River Counties were doing, and noted
that they only selected 4 or 5 firms. He questioned the shortage of work to go around for a total
of 7 firms, considering the amount of time and effort firms put into preparation for a contract.
He recommended to stick with the RFQ minimum of 3 firms, but was ok with an increase to 4 or
5. He checked with staff and they were ok with the reduction.
Commissioner Dzadovsky agreed that staff would see an increased challenge in managing 7
firms. Agreed it would be appropriate to limit to 4 or 5. Commissioner Mowery continued by
suggesting meetings with stakeholders to cover potential issues and new ideas to improve the
current system.
Staff from the Public Works Department commented that the decrease to 5 firms would be
acceptable.
Commissioner Lewis asked how limiting the number of firms would affect the process in the
future. She mentioned that there will be an increase in the amount of work needed to be
completed. Commissioner Dzadovsky voiced concern about current low staffing levels and
overburdened staff making potential oversights. Explained that with the reduced number of 5
contractors, staff would be able to focus more on those projects.
Commissioner Hutchinson asked the County Attorney if reducing the number of firms on an
RFQ would be legal. She also asked if firm's specializations were taken into consideration when
selections were made.
Staff noted that in the RFQ work is not guaranteed, it is an "as needed" basis. Staff also
indicated that the overall qualifications were examined when ranking the firms. The County
Attorney addressed the legality question, answering that the minimum of 3 is what must be
met. Staff indicated that the top 5 firms would meet current needs, and specialists can be
obtained as needed.
Commissioner Mowery made a motion to approve the RFQ selecting the top 5 firms as ranked
by staff. Commissioner Dzadovsky seconded the motion.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
2. COUNTY ATTORNEY
St. Lucie County Public Safety 800 MHz Radio Upgrade Project
The Public Safety Director gave a presentation to address questions regarding the 800
MHz radio upgrade project. He commended all staff involved in organizing the project.
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Regular Meeting Tuesday, December 15, 2015 9:00 AM
Staff addressed the critical concerns with the current radio system. This included the
age of current infrastructure and difficultly in acquiring replacement materials. These
issues could result in communications failure which would lead to delayed response
from dispatchers, inability to patch agencies together via radio, loss of security system,
loss of radio tower synchronization, malfunction of radio alert buttons, and loss of
communication with hospitals.
Staff presented the recommendation for a regional, migration, phased upgrade in
conjunction with Martin County. The partnership between counties will reduce initial
and recurring costs, enhance interagency communications and allow for sharing of
resources.
Staff listed discounts included with the upgrade from Motorola, totaling $3.8 million.
There are also cost savings associated with the partnership with Martin County, totaling
$631,423.
The cost of the proposed St. Lucie County 800MHz radio upgrade would be $8.9 million.
Current radio maintenance costs the county approximately $333,000 a year, the new
system cost would be $309,000. Based on the county partnership, over ten years the
operating expenditures would save $1 million.
The Office of Management and Budget Director presented the proposed funding plan
for the radio upgrade. The plan is a 15 year equipment lease agreement with Motorola,
financing $8.9 million at an interest rate of 3.5747%. The first 7 years would include
payments of $700,000, and the remaining 7 years at $1,049,000. The escalation of
payment after the first 7 years is associated with the expiration of an existing debt
service on the radio system.
Staff presented their strategy to fund these payments over the 15 year period through
allocations and projected savings.
Each year funding would be approximately $49,000 short. Staff acknowledged
opportunities for future growth or efficiencies within the county to cover shortages.
Staff recommended to proceed with financing of the project through Motorola.
Commissioner Dzadovsky asked if there would be any penalties for prepayment of the
lease. Staff said there would be none.
The County Attorney discussed the importance of considering taxpayers' interest when
making a large purchase. He felt that based on the expert opinion of the consultant
from Pallins Associates and the county staff recommendation, the Board should approve
the plan to upgrade the current system.
Additionally, staff recommended a waiver of bids based on a sole source requirement.
The consultant from Pallins Associates addressed the issue; there will be a significant
cost savings to the County if a sole source procurement is being used. The
recommendation is based on the importance of this emergency purchase in regards to
public safety, and is in the best interest of the county. The agreements include an inter -
Regular Meeting Tuesday, December 15, 2015 9:00 AM
local agreement with Martin County, a communications system agreement with
Motorola and an SUA addendum with Motorola for the purchase and installation.
Staff recommends that the Board waive the bid requirement, declare the equipment
acquisition for the upgraded system proposed by Motorola as a sole source or as an
emergency purchase or an acquisition which is in the best interest of the county. Staff
recommends approval of the inter -local agreement with Martin County, the
communications services agreement and SUA addendum with Motorola.
The County Attorney added that he would like to amend the recommendation to also
include language requiring Motorola or its contractor to provide a public construction
bond pursuant to Section 25505 of Florida Statutes, as required by state law. Staff
approves the 15 year equipment lease purchase. Staff recommends adoption of the
resolution authorizing the execution of those documents. All approvals are based upon
final review by the county attorney.
Commissioner Dzadovsky commented on the importance of the regional approach to
the radio system. He also agreed with the amendment recommended by staff and made
the motion to approve. Commissioner Hutchinson seconded the motion.
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Regular Meeting Tuesday, December 15, 2015 9:00 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Frannie Hutchinson, District No. 4
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
11. ANNOUNCEMENTS
A. County offices will be closed on Thursday, December 24, 2015 and Friday, December 25, 2015
to observe Christmas
B. County offices will be closed on Friday, January 1, 2016 to observe New Year's Day.
C. The Board of County Commissioners will hold a Regular Board meeting on January 5, 2016 at 6
p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
D. The Board of County Commissioners will hold an Informal Board meeting on January 12, 2016 at
9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
E. The Board of County Commissioners Regular Board meeting on January 19, 2016 at 9 a.m. has
been cancelled and reschduled to January 26, 2016 at 9 a.m. in the Commission Chambers of
the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
F. The Board of County Commissioners Regular Board meeting on February 2, 2016 at 6 p.m. has
been cancelled and reschduled to February 9, 2016 at 6 p.m.
G. The Board of County Commissioners will hold an Informal Board meeting on February 9, 2016 at
3 p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
H. The Board of County Commissioners will hold a Regular Board meeting on February 9, 2016 at 6
p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
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.
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.
12. MOTION TO ADJOURN
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Regular Meeting Tuesday, December 15, 2015 9:00 AM
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.
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