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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. 2 1 P a g e 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 3 1 P a g e 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 4 1 P a g e 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 u1l1 ]41*1 9:1VA 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". Ie��L�1�1►11 W&I 11161.4 011 WA 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. 6 1 P a g e 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. 7 1 P a g e 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 8 1 P a g e 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. 9 1 P a g E 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. 10 1 P a g 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. 121Page 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 13 1 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. 14 1 Pag