Loading...
HomeMy WebLinkAboutMinutes 06.18.2013S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting June 18, 2013 Convened: 9:00 AM Adjourned: 9:51 AM I. CALL TO ORDER The meeting was called to order at 9:00 AM by District No. 2, Chair Tod Mowery Attendee Name Title Status Arrived District No. 2, Chair Present 9:00 AM District No. 4, Vice -Chair Present 9:00 AM District No. 1 Present 9:00 AM District No. 3 Present 9:00 AM Tod Mowery Frannie Hutchinson Chris Dzadovsky Paula A. Lewis Kim Johnson District No. 5 Present 9:00 AM Faye Outlaw County Administrator Present 9:00 AM Daniel S. McIntyre County Attorney Present 9:00 AM Heather Young Asst. County Attorney Present 9:00 AM Beth Ryder Community Services Director Present 9:00 AM Marie Gouin Director Present 9:00 AM James R. David Mosquito Control and Coastal Mgt. Serv. Director Present 9:00 AM Mark Satterlee Planning & Dev Director Present 9:00 AM Tara Raymore Director of Human Resources Present 9:00 AM Karen L. Smith Environmental Resources Department Director Present 9:00 AM Kelly Phelan Recording Secretary Present 9:00 AM Generated 21412014 5:22 PM BOCC Regular Meeting Tuesday, June 18, 2013 9:00 AM II. INVOCATION III. PLEDGE OF ALLEGIANCE I111►Lei 11X.1/eli•11aa:Z9101W_10 MITI Ius] ►[.1/_laa1063%ll RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 1. Board of County Commissioners - BOCC Special Meeting - Apr 9, 2013 9:01 AM 2. Board of County Commissioners - BOCC Regular Meeting - Jun 4, 2013 6:00 PM V. PRESENTATIONS There are no items scheduled. VI. GENERAL PUBLIC COMMENT John Moler, Port St. Lucie resident, addressed the Board in opposition of the 7 county 50 year plan (750 Plan). He told the Board that he has been able to find anyone that has heard of this plan and went discuss his concerns regarding the proposed 750 plan. Betty Marsman, 349 SW Todd Ave, Port St. Lucie resident, addressed the Board regarding her concerns about vacant lots not being maintained. She explained her personal situation regarding the lot next to her home and the issues she and her dog are having as a result of the lot not being taken care of properly. Commissioner Mowery asked Ms. Marsman if she approached the City of Port St. Lucie. Betty Marsman responded that she had and explained that she was also concerned about the ordinance. Commissioner Mowery clarified that would also be handled by Port St. Lucie. Mark Gotzs, 154 NW Magnolia Lakes, Port St. Lucie, FL, addressed the Board in opposition to the 750 Plan. He told the Board that Indian River County has withdrawn from the plan and he invited them to learn more about it an upcoming summit being held at the Palm Beach Convention Center. He explained that the object of the 750 plan is regionalization. He talked about what that means and talked about the plans definition of what is considered sustainable or not. 2 1 P a g e BOCC Regular Meeting Tuesday, June 18, 2013 9:00 AM VI I. CONSENT AGENDA Commissioner Mowery commented that Item #VII-B9 was an addition to the Consent Agenda. Warrant List #36 was pulled from the Consent Agenda for a separate vote and moved to the Regular Agenda. Commissioner Hutchinson advised the Board that she will be abstaining from the vote on Warrant List #36. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson A. WARRANTS 1. Warrant List No. 35 & 36 Warrant List No. 36 was pulled for a separate vote and moved to the regular agenda. B. COUNTY ATTORNEY 3 1 P a g e BOCC Regular Meeting Tuesday, June 18, 2013 9:00 AM 1. Tradition Field - Naming Rights Agreement - Approving Changes Requested by Major League Baseball 2. Revocable License Agreement - Gary and Susan Thomann - 5303 Deer Run Drive - Holiday Pines 3. Revocable License Agreement - 11711 South Indian River Drive - Christopher Koehler 4. Fort Pierce FBO, LLC - Consent to Ground Sublease with Renegade Light Sport, LLC 5. Certificate of Participation for the Byrne Memorial Justice Assistance Grant (JAG) Program for Federal Fiscal Year 2013/2014 from the Florida Department of Law Enforcement in the amount of $119,965.00. 6. Brocksmith Road Maintenance Project - Phase 3 - Contract for Sale and Purchase of Perpetual Right -of -Way Easement - Lantigua - Portion of Parcel ID 2317-422-0000-000-5 - Wilson - Portion of Parcel ID 2308-801-0001-000-7 7. Roberts Preserve / Florida Communities Trust - FCT Project 11-054-FF11 - Option Agreement for Sale and Purchase - Justine C. Roberts - Parcel ID 3403-502-0215-000-7 8. Florida Gaming Centers, Inc. - Estoppel Certificate 9. A Resolution Approving a Facilities Use Agreement with Project Response, Inc for the Building Located at 408 Brown's Court. C. ADMINISTRATION 1. Approval of Energy Efficiency and Conservation Block Grant (EECBG) Grant Extension Request D. COMMUNITY SERVICES 1. Florida Commission for the Transportation Disadvantaged Trip and Equipment Allocation and Trip Rate 2. Budget Resolution for Fiscal Year 2014 Trip and Equipment Grant E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES 4 1 P a g e BOCC Regular Meeting Tuesday, June 18, 2013 9:00 AM 1. Board approval of the Land Acquisition and Selection Committee's recommendation not to pursue acquisition of the Miller parcel 2. Board approval of the Land Acquisition and Selection Committee's recommendation to pursue acquisition of the Eaves and Adams parcels. G. HUMAN RESOURCES 1. County Administrator Authorization to Approve Title Changes and Position Description Updates H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 1. Fixed Asset Inventory - Property Record Removal 2. Fixed Asset Inventory - Property Record Removal 3. Fixed Asset Inventory - Property Record Removal 4. Fixed Asset Inventory - Property Record Removal 5. Award of the Fuel Co-op Bid for the Purchase of Diesel, Gasoline, Heating and Emergency Generator Fuel J. PARKS, RECREATION, & FACILITIES 1. Lawnwood Baseball Expansion Project - Water Use Permitting Phase 2. First Amendment to the Concessions/Catering Agreement with Di'Michelli's Catering, Inc. (C12-12-513) 3. Waiver of Fenn Center Facility Rental Fees and Skate Park Open Space Rental Fees for the Fort Pierce Exchange Club's 2013 Annual Chili Cook -Off K. PLANNING AND DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS 1. BOCC and Emergency Operations Center Firewalls Replacement M. PUBLIC WORKS 5 1 P a g e BOCC Regular Meeting Tuesday, June 18, 2013 9:00 AM 1. McCarty Road Bridge Replacement over Ten -Mile Creek N. SHERIFF'S OFFICE There are no items scheduled. O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. VIII. PUBLIC HEARINGS A. B C�L�1�L � �'/e� i l�I :T ► I �7 1. Resolution No. 13-098 - Creation of S.R. Properties MSTU - Public Hearing The County Attorney provided background on this item regarding the creation of S.R Properties MSTU and advised the Board that staff recommended approval. Commissioner Dzadovsky asked if this utility is regulated by the Public Service Commission and wanted to clarify that it was not in competition with the county's utilities. The County Attorney responded that is correct, if they proceeded then they would be regulated by the Public Service Commission. Commissioner Dzadovsky wanted to ensure that the future rate payers would be protected. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson OFFICE OF MANAGEMENT & BUDGET 1. Amendment to the fiscal year 2012-2013 budget Staff provided background on the amendment to the fiscal year 2012-13 budget to reflect the actual beginning fund balances, revise some revenue estimates and establish transfers between funds. She advised the Board that this item was advertised as required. 6 1 P a g e BOCC Regular Meeting Tuesday, June 18, 2013 9:00 AM Commissioner Hutchinson commented that this is not an increase that the Board took upon the budget but instead is from a book keeping standpoint to line everything back up together again since the difference in the funds that come through have to be transferred. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson C. PLANNING & DEVELOPMENT SERVICES 1. ORDINANCE - Large-scale Future Land Use Map Amendment (FLUMA) to Residential Estate (RE) - Legislative Public Hearing Staff made a presentation on both items VIII-C1 and VIII-C2 concurrently. The presentation, County -Initiated Future Land Use Map Amendment & Concurrent Rezoning- Board of County Commissioners June 18, 2013- Item No. VII-C1 : FLUMA from R/C (Residential/Conservation) and CPUB (Conservation Public) to RE (Residential Estate) Item No. VII-C2 : Rezoning from AG-5 (Agricultural - 1 du/5 acres) and I (Institutional) to AR-1 Agricultural, Residential - 1 du/acre)" was filed with the Clerk. Commissioner Lewis clarified for the record that the item numbers listed on the presentation were shown as VII-C1 and C2 and should be reflected as item numbers VIII-C1 and C2. Commissioner Mowery acknowledged this being a Quasi -Judicial item; hrm/px/ar thara Amara nn riicrinci m-c to ha maria nn thic itam RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. RESOLUTION - Rezoning to AR-1 (Agricultural Residential - 1 du/acre) - Quasi -Judicial Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson IX. REGULAR AGENDA 1. COUNTY ATTORNEY 7 1 P a g e BOCC Regular Meeting Tuesday, June 18, 2013 9:00 AM 1. RFQ #12-025 - Thermal Conversion Facility to Process Municipal Solid Waste - Letter of Intent with Jacoby Synergy Renewables, LLC. The County Attorney provided background on this item. He explained the details of the letter of intent and the process that would take place as well as the proposed contract. In addition they are working on an inter -local agreement with the city to accomplish the project. He also talked about the county's financial contribution upon successful commercial operation. Staff recommended approval to sign the letter of intent. The Solid Waste Manager advised the Board that he supports this project and this deal. The flat rate of $33.00 per ton for the next ten years is what they have been trying to achieve for the last eight years. Mark Ward, 8117 Preston Road Dallas, TX on behalf of Jacoby Synergy Renewables, advised the Board that they look forward to working with St. Lucie County as a partner. Commissioner Mowery stated that he appreciates everyone's efforts on this project. Commissioner Dzadovsky wanted to clarify that there will be no rate increases for the rate payers. The Solid Waste Manager responded that the proposal guarantees no rate raise to the county. If the rates need to be raised, they may have to but his recommendation is not to change the rates for at least seven years. Commissioner Dzadovsky addressed the environmental concerns. He wanted to confirm that the emissions will not exceed the state limits. The Solid Waste Manager responded that the permit limits set forth by the state will be adhered to by this project. Commissioner Dzadovsky stated that it will also help reduce and abate the emissions from the current landfill once they start removing the materials and they are not being placed in the landfill. The Solid Waste Manager responded that is correct. Commissioner Dzadovsky also talked about the final result which will increase their recyclables by a substantial amount meeting or exceeding the state standard of 75%. The Solid Waste Manager responded that they expect the recycling rate to approach 92-93%. Commissioner Hutchinson clarified that the county's portion would come due with successful commercial operations; she questioned if it is specified what quantifies that. 8 1 P a g e BOCC Regular Meeting Tuesday, June 18, 2013 9:00 AM The County Attorney responded that would be defined in the contract. They want to ensure that the plant is operating before the county's money is put into play and he believes Jacoby agrees with the basic concept of that. He went on to discuss the contract and the process. Commissioner Hutchinson just wanted to clarify that there is more to come regarding the specifics of the project and that will be crucial once the contracts come through. Commissioner Johnson asked if who would be responsible to maintain the facility. The Solid Waste Manager responded that it will be outlined in the contract. The maintenance program will have to be laid out. He also thanked the County Administrator for her patience. Commissioner Dzadovsky explained that the future funding comes from the landfill directly and not from resident taxes. The Solid Waste Manager responded that he believes that to be correct. He stated that they financed bonds in 1990 and 1991 that were limited in the Enterprise Fund. The County Attorney confirmed that the intention on the $20 Million is to take it from the Enterprise Fund and not use other revenue. Commissioner Mowery stated he would not be in favor of this otherwise; it was clear that the funds were to come from the Solid Waste fund and those can only be used for those purposes. Commissioner Dzadovsky questioned if revenues from the sale of the energy produced could go back to the county and be used for administrative purposes at some point. The Solid Waste Manager deferred to the County Attorney. The County Attorney commented that there are some potential advantages. If this works, after 20 years, the county will own the facility. At that point, the revenues and expenses will come to the county. Commissioner Dzadovsky commented that cost of creating another landfill would be substantial, perhaps $50-$100 Million. He questioned if it would be accurate to say that this will help to maintain and reduce our current landfill and possibly reduce our exposure to having to create another landfill in the future. The Solid Waste Manager stated that yes that would be the goal. We currently have about forty years of life at our facility and with this project that would extend the life and additional forty years. 9 1 P a g e BOCC Regular Meeting Tuesday, June 18, 2013 9:00 AM 2 3 Commissioner Lewis said that the scope of this has been mind boggling over the years. She talked about the project being around since 2004 and thanked everyone and commented that she is thrilled to see this project coming into the final stretch. Commissioner Johnson stated that this is a great project and he is looking forward to making it happen. Commissioner Dzadovsky stated that he hopes that they will hire local workers when the time comes; he wants to maintain and recycle those dollars here. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson ADMINISTRATION 1. Board approval of a contract for sale and purchase of a Building Located at 2950 Rosser Boulevard located in the City of Port St. Lucie (For Future Southwest Library Facility). The Assistant County Administrator provided background on this item and advised the Board that staff recommended approval. Commissioner Dzadovsky wanted to clarify that these are not funds out of the General Fund but from impact fees collected and specifically designated, in this case, for libraries. The Assistant County Administrator responded that is correct, there is no general revenue involved; it is strictly from the library impact fees that accrued over time. Commissioner Dzadovsky clarified that 75,000 residents reside there since the last census. He wanted the public to understand that we collect those 111IPCIUI ICCb IUf UIC 111 icit-LJ UI UCVU!UP111CIII. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Motion to: APPROVE WARRANT LIST NO. 36 This item was pulled from the consent agenda for a separate vote. 101Page BOCC Regular Meeting Tuesday, June 18, 2013 9:00 AM RESULT: ADOPTED [4 TO 01 MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSTAIN: Frannie Hutchinson X. ANNOUNCEMENTS Commissioner Dzadovsky asked to revisit Consent Agenda Item VII-J3. He wanted to clarify for the record that although he is a member of the Exchange Club, he does not stand to gain anything personally from the passing of this item. For transparency purposes, he wanted to ensure that was clear for the record. The County Attorney addressed the statute and advised that since there is no personal gain, there would be no issue with Commissioner Dzadovsky voting on this item. 1. County offices will be closed on Thursday, July 4, 2013 to observe Independence Day. 2. The Board of County Commissioners FY14/Budget Workshops will begin Tuesday, July 9, 2013 and run through Thursday, July 11, 2013. XI. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. i0 Mowery, District No. 2, Chair 6/18/2013 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.