HomeMy WebLinkAboutBOCC Minutes 04-22-2008
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: April 22, 2008 Convened: 9:00 a.m.
Adjourned: 10:53 a.m.
Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Doug Coward, Chris
Craft, Charles Grande
Others Present: Doug Anderson, County Administrator, LeeAnn Lowery, Asst. County
Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation
Director, Don West, Public Works Director, Marie Gouging, M & B Director, Beth
Ryder, Community Services Director, Diana Lewis, Airport Director, Roger Shinn,
Central Services Director, Dennis Wetzel, IT Director, Leo Cordeiro, Solid Waste
Director, Mark Satterlee, Growth Management Director, Millie Delgado-Feliciano,
Deputy Clerk
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. MINUTES
It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the
meeting held April 15, 2008, and; upon roll call, motion carried unanimously.
4. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 08-130- Proclaiming May 4, 2008 through May 10, 2008 as
“St. Lucie County Correction Officer’s Week” in St. Lucie County, Florida.
It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 08-
130, and; upon roll call, motion carried unanimously.
B. Resolution No. 08-131- Proclaiming the week of May 12, 2008 through May
17, 2008 as “Law Enforcement Week” and further designating May 15, 2008
as “ Law Enforcement Memorial Day” in St. Lucie County, Florida.
It was moved by Com. Craft, seconded by Com. Grande, to approve Resolution No. 08-
131, and; upon roll call, motion carried unanimously.
C. Resolution No. 08-133- Proclaiming the month of May, 2008 as “St. Lucie
County Fire Fighter Appreciation Month” in St. Lucie County, Florida.
It was moved by Com. Craft, seconded by Com. Grande, to approve Resolution No. 08-
133, and; upon roll call, motion carried unanimously.
D. Resolution No. 08-134- Proclaiming Thursday May 1, 2008 as “Law Day” in
St. Lucie County, Florida.
It was moved by Com. Grande, seconded by Com. Coward, to approve Resolution No.
08-134, and; upon roll call, motion carried unanimously.
5. GENERAL PUBLIC COMMENTS
6. CONSENT AGENDA
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It was moved by Com. Craft, seconded by Com. Coward to approve the Consent Agenda
with item B-2 pulled for separate vote at the end of the regular agenda, and; upon roll
call, motion carried unanimously.
Com.Grande acknowledged not having any relationship to item K-1 regarding Grande
Construction nor has he had any prior knowledge of the company.
A. WARRANT LIST
The Board approved Warrant List No. 29.
B. COUNTY ATTORNEY
1. After the Fact Revocable License Agreement- 3130 Seminole Road- John and
Kim Dickens- The board approved the After the Fact Revocable License
Agreement with Mr. & Mrs. Dickens, authorized the Chairman to sign the
After the Fact Revocable License Agreement and directed Mr. & Mrs.
Dickens to record the Agreement in the Public Records of St. Lucie County,
Florida.
2. Request Permission to advertise – Notice of Public Hearing- Ocean Drive
Owners, LLC- Petition for Abandonment - Three pedestrian ingress and
egress easements- This item was pulled for separate vote.
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3. South 25 St Roadway Widening- Midway Road to Edwards Road-
Temporary construction easement Sunrise Tabernacle Church, Inc. Resolution
No. 08-141- The board approved Resolution No. 08-141, authorized the
Chairman to sign and directed staff to record the documents in the Public
Records of St. Lucie County, Florida.
4. First Amendment to Joint Site Agreement with St. Lucie County School
Board Relocation of Ft. Pierce Central High School- the Board approved the
First Amendment to the Joint Site Agreement and authorized the Chairman to
sign the First Amendment.
5. Donation of Right of Way- Westside Baptist Church of Ft. Pierce 20 feet on
South Jenkins Road, Resolution No. 08-142- the board approved accepting the
Warranty Deed, authorized the Chairman to sign Resolution No. 08-142 and
directed staff to record the documents in the Public Records of St. Lucie
County, Florida.
C. MANAGEMENT AND BUDGET
Electronic Submission of the 2008 State Criminal Alien Grant Applications- the Board
approved the electronic submission of the 2008 State Criminal Alien Grant applications
and authorized the County Administrator to sign the application.
D. ADMINISTRATION/MEDIA RELATIONS
Strategic Planning 2008- Modification SLCTV Operating Guidelines Manual- the Board
approved the Modification of the SLCTV Operating Guidelines Manual.
E. ADMINISTRATION
1. Budget Amendment # 08-020- the board approved Budget Amendment 08-
020, requesting approval to transfer $15,000 from Contingency (001-9910-
533100-800) to the Value Adjustment Board Professional Services (001-1325-
531000-100) to finish paying invoices until the end of FY 07/08.
2. Cancellation of Orange Avenue Post Office Museum Interlocal Agreement-
the Board approved cancelling the Orange Avenue Post Office Interlocal.
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F. GRANTS
1. Submittal of a grant funding application to the Florida Department of
Environmental Protection, Upland Plant Management program for a modified
amount not to exceed $40,000 for the removal of exotic invasive from Spoil
Island SL-3 in the Indian River Lagoon- the board authorized submittal of a
grant application to the FL Department of Environmental Protection.
2. Authorize submittal of a grant application to the My Hometown Helper Grant
Program for funding to purchase sound and lighting equipment for Ft. Pierce
Magnet School of the Arts- the board approved the submittal of the grant
application.
3. Authorize the submittal of a grant application to the My Hometown Helper
Grant Program for funding to purchase playground and trail equipment at
Palm Lake Park- the board approved the submittal of the grant application.
4. Authorize the submittal of a grant application to the My Hometown Helper
Grant Program to purchase playground equipment at River Park Marina Park-
The Board approved the submittal of the grant application.
5. Authorize the submittal of a grant application to the National Association of
Counties Coastal Counties Restoration Initiative Grant program, for funds in
the amount of $30,000.00 for Mosquito Impoundment Dredging and
Restoration- the board approved the submittal of the grant application for
requested funds of $30,000.00.
6. Submittal of a grant funding application to the Florida Fish and Wildlife
Conservation Commission, Florida Boating Improvement Program for an
amount not to exceed $25,000 for engineering and architectural updating and
permit preparation associated with implementing a restroom at Stan Blum
Boat Ramp, and approval of Resolution No. 08-138 authorizing the submittal
of the application - the board approved Resolution No. 08-138.
G. AIRPORT
1. Change Order No. 3 for Dickerson Florida- the board approved Change Order
No. 3 for Dickerson Florida, Inc., to add 124 days to the contract time,
changing the current completion date from July 18, 2008 to November 19,
2008 and reducing the contract amount by $239,177.55 from $5,333,248 to
$5,094,070.45 for the first phase of construction for the Runway 9L/27R and
authorized the Chairman or designee to execute the same.
2. Change Order No. 3 for Ocean Gate General Contractors, Inc. - the board
approved Change Order No. 3 for Ocean Gate General Contractors, Inc.,
adding 22 days to change the substantial completion to February 22, 2009 and
final completion to May 8, 2008 with no changes to the contract amount for
the construction of the new Aircraft Rescue and Firefighting Facility at the St.
Lucie County International Airport and authorized the Chairman or designee
to execute the same.
3. Budget Resolution No. 08-136 for Supplemental Joint Participation
Agreement with the Florida Department of Transportation - the board
approved Budget Resolution No. 08-136 for the Florida Department of
Transportation Supplemental Joint Participation Agreement in the amended
total of $157,892 (FDOT $78,496) for the design and construction of Parallel
Runway 9L/27R for the St. Lucie County International Airport and authorized
the Chairman or designee to execute the same.
H. ECONOMIC DEVELOPMENT
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Approval to develop an agreement with the city of Ft. Pierce to partner on a billboard
promotion for the Sunrise Theater using of the County’s Billboards- the board approved
the development of an Agreement with the City of Ft. Pierce to use the billboard to
promote the Sunrise Theater from mid September to mid January and authorized the
Chairman to sign the Agreement.
I. PARKS AND RECREATION
Approval of State Inmate Work Program contract WS383 Renewal- the board approved
renewal of the State Inmate Work Program in the amount of $55,777 to pay for labor cost
that covers the 5 inmates and 1 correctional work squad officer, approved Amendment #
1 to contract # WS383 between the State and the county as approved by the County
Attorney and authorized the Chairman to sign the contract.
J. PUBLIC WORKS
1. Road and Bridge Division- the board approved Budget Resolution RES08-129
and Equipment Request No. EQ 08-312 to purchase a 60” riding mower from
High Performance Machines in the amount of $7,499.00.
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2. Engineering Division – SR 615/S. 25 Roadway Widening (Midway Road-
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Edwards Road) and Midway Road Widening (S 25 St., -Turnpike Bridge) -
Redistribute project funding- the board approved the redistribution of project
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funding for SR615S. 25 Roadway Widening (Midway-Edwards) and
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Midway Road Widening S. 25 St-Turnpike Bridge and authorized the
Chairman to sign.
3. Approval for Change Order No. 1 for Ranger Construction Industries- the
board approved Change Order No. 1 for Ranger Construction Taylor Creek
Phase 3 dredging with a time extension through 7/31/08 and in the amount of
$77,331.79 with signature by the Chairman.
K. PURCHASING
1. Approval to award Invitation to Bid No. 08-031- the board approved awarding
Invitation to Bid No. 08-031 Recreation Yard Concrete pads to the Rock Road
Jail to the lowest responsive responsible bidder, Grande Construction for a
cost of $40,000 and authorized the Chairman to sign the contract as prepared
by the County Attorney.
2. First Amendment to Contract C06-04-447 with Jimmy Kemp and Dominick
Collura- the board approved the First Amendment to Contract C06-04-447
with Jimmy Kemp and Dominick Collura for Concession Services for
Lawnwood Sports Complex and gave permission for the Chairman to sign the
amendment as prepared by the County Attorney.
L. COMMUNITY SERVICES
1. FY 2006/2007 Community Services Block Grant Modification of Agreement
with Florida Department of Community Affairs for the FY 2007/2008
Community Service Block Grant- the board approved the Block Grant
Modification of Agreement.
2. The board approved awarding Community Development Block Grant Housing
Rehabilitation Bids 22-23 to E.O. Koch Construction, the companies that were
the lowest responsive and responsible bidders:
The awarding is as follows:
Bid 22 - $85,375 – E.W. Koch Construction
Bid 23- $87,410 – E.W. Koch Construction
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3. Request approval of Change Order No. 1 in the amount of $13,134.96 for the
Community Development Block Grant Disaster Recovery Initiative
rehabilitation project (C07-12-686) - the board approved and authorized the
Chair to sign Change Order No. 1 in the amount of $13,134.96 for the
Community Development Grant Disaster Recovery Initiative Rehabilitation
project.
4. Approval of First Amendment to the Agreement with Florida Power and Light
to administer the Care to Share Program, which provides assistance with
electric utility payments for FP& L customers in times of hardship- the board
approved the Amended Agreement and authorized the Chair to sign all
necessary documents.
5. Approval of Budget Resolution No. 08-139 for Medicaid Non-Emergency
Program Agreement Amendment # 6 in the amount of $32,639. - the board
approved Budget Resolution No. 08-139 and authorized the Chairman to sign.
6. Approval of Americans with Disabilities Service Plan for Transit- the board
approved and authorized the chairman to sign the St. Lucie County
Certification of Para transit Plan.
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7. Transportation Joint Participation Agreement for Avenue D and 8 St. - the
board approved and authorized the Chairman to sign the time extension for
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FDOT’s JPA and modification of language for Ave D and 8 Street Park and
Ride lot.
M. HUMAN RESOURCES
Purchase of a laser printer replacement for $1,609.00- the board approved Equipment
Request # E 08—315 and Budget Amendment # BA08-022 to purchase the replacement
laser printer for $1,609.00
N. CENTRAL SERVICES
Dooleymack Constructors of So. Fl. LLC/# C07-04-195 Havert L. Fenn Center-Special
Needs Shelter Auditorium- Change Order No. 5 - the board approved Change Order No.
5 to C07-04-195 1) to increase the contract sum by $6,184.99 using available MSTU
Funds and 2) credit the contract sum $3,241 therefore, the new contract sum will be
$13,351,631.50 and authorized the Chairman to sign the change order as prepared by the
County Attorney.
REGULAR AGENDA/PUBLIC HEARINGS
7. COUNTY ATTORNEY
Strategic Planning 2008- Ordinance No. 08-018- Amending Chapter 1-2
(Administration) of the St. Lucie County Code of Ordinances and compiled Laws to
provide for the Creation of Employee Separation Incentive Programs- Consider staff
recommendation to approve proposed Ordinance No. 08-018.
It was moved by Com. Grande, seconded by Com. Coward to approve Ordinance No. 08-
018, and; upon roll call, motion carried unanimously.
END OF PUBLIC HEARINGS
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8. HUMAN RESOURCES
Strategic Planning 2008- Resolution No. 08-132 to amend Resolution No. 86-173 in
order to establish a Voluntary Separation Incentive Program as discussed in the 2008
Strategic Planning Session- Consider staff recommendation to adopt the proposed
Resolution No. 08-132 establishing a policy to allow a Voluntary Early Retirement
Incentive Program.
The County Attorney recommended deleting the word “accept” and insert “require” in
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section 3-3 paragraph 3 line from the bottom and in paragraph 7.
The savings would be as follows: Net 3 year- $26,196,774.27, the annual savings
thereafter would be $11,417,447.00.
Com. Smith commented on the changes in the quality of life and service this issue would
present to the taxpayers.
It was moved by Com. Craft, seconded by Com. Grande, to approve Resolution No. 08-
132 with the noted changes as recommended by the County Attorney, and; upon roll call,
motion carried unanimously.
9. HUMAN RESOURCES
Strategic Planning 2008- Resolution No. 08-156 to amend Resolution No. 86-173 in
order to establish a Separation Program as discussed in the 2008 Strategic Planning
Session- Consider staff recommendation to adopt proposed Resolution No. 08-156 and
establish a policy for the payment of severance pay in lieu of notice when a reduction in
staff is approved by the Board.
Com. Smith expressed his concern with an employee being paid at a lower hourly rate for
vacation should he/she decide to accept a lower salary position.
Staff stated they would review this issue and come back to the Board.
It was moved by Com. Coward, seconded by Com. Grande to approve Resolution No. 08-
156, and; upon roll call, motion carried unanimously.
10. ADMINISTRATION
Strategic Planning 2008- Public Meetings at the Administrative Complex- Policy to limit
night meetings to two nights a week- Strategic Planning Section II –A Resolution No. 08-
135- Consider staff recommendation to approve a policy that would limit public
meetings at the Administration Complex to two evening a week. Exceptions to the policy
would be pre-approved by the County Administrator staff further recommends the Board
authorize the Chairman to sign this policy as prepared by the County Attorney.
Com. Coward commented on the lights being left on during non-working hours.
The County Administrator stated he has been in the building turning lights off after hours
and has informed the cleaning staff to turn the lights off.
Com. Lewis recommended setting a cut off time for night meetings by the board and to
continue them at another date and time. The City of Port St. Lucie has such a policy in
place.
The majority of the Board was not in favor of setting a cut off time and preferred
deciding on a meeting by meeting basis.
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It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 08-
135, and; upon roll call, motion carried unanimously.
11. COUNTY ATTORNEY
Contracts for Sale and Purchase – Harmony Heights Stormwater Improvements JRG
Holdings 1431-802-0020-000/5 – Johnson 1431-802-0020-000/5, Ingram – 1431-802-
0021-000/2, 1431-703-0127-000/1, 1431-703-0128-000/8, Staff requests the Board
determine whether to accept the contracts and counteroffers from Ingram and JRG
Holdings and the contract from Johnson, authorize the Chairman to sign the contracts,
directed staff to proceed with the closings and record the Warranty Deeds in the Public
Records of St. Lucie County.
The Acquisitions Manager advised the Board value determinations and appraisals were
completed in February, 2008 for these parcels.
It was moved by Com. Craft, seconded by Com. Coward, to accept the contracts and
counteroffers from Ingram and JRG Holdings and the contract from Johnson and
authorize the Chairman to sign the contracts, and directed staff to proceed with the
closings and record the Warranty Deeds in the Public Records of St. Lucie County, and;
upon roll call, motion carried unanimously.
12. COUNTY ATTORNEY
Fixed Base Operator Leases- Consider approval of second amendment and restatement of
existing fixed base operator lease and approval of fixed base operator lease for additional
50.87 acres (+/-) with Mobarak Aircraft LLC-
Staff recommends the Board approve the following documents, subject to review and
approval by the County Attorney as to legal form and correctness, and authorize the
Chairman to sign the documents to be held in escrow subject to the pending acquisition
of Air Charter of Florida, Inc.;
Existing Lease Agreement:
1. Second amendment and restatement of Lease Agreement between St. Lucie
County, as lessor and Air Charter of Florida, Inc., as lessee, and related
memorandum of Lease Agreement
2. Assignment and Assumption Agreement from Air Charter of Florida Inc., as
assignor to Treasure coast FNO, LLC as assignee
RFP Lease Agreement:
1. Lease Agreement between St. Lucie County, as lessor and an affiliate of
Mobarak Aircraft, LLC to be determined as lessee and related Memorandum
of Lease Agreement
2. Assignment and Assumption Agreement from the above referenced affiliate of
Mobarak Aircraft, LLC as assignor to Treasure Coast Aircraft Management,
LLC as assignee
It was moved by Com. Craft, seconded by Com. Coward, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
6 B.2 Request for permission to advertise- notice of public hearing- Ocean Drive
Owners, LLC- Petition for Abandonment Three (3) pedestrian ingress and egress
easements- Consider staff recommendation to authorize staff to advertise a public
hearing to be held on May 20, 2008 at 6:00 p.m. or as soon thereafter as it may be heard.
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Com.Coward advised the Board he was not in support of this request however he would
support the process moving forward but will not support the item. He asked the applicant
to consider that he would be spending $500.00 to move forward knowing the item would
not receive a supporting vote from him.
A letter from the North Beach Association was submitted regarding this item.
Mr. Craig Mundt, North Beach Association read the following comments.
To: St. Lucie County Board of County Commissioners
From: North Beach Association
Re: Ocean Drive Owners LLC (ODO) request for Easement Abandonment
At the December 3, 2007 North Beach Association Board of Directors meeting, a group
of approximately 20 home owners from Ft. Pierce Shores presented a petition signed by
more than 60 Ft. Pierce Shores residents objecting to a proposal by Ocean Drive Owners
LLC that would include abandonment of three county right –of-way and easements
currently in place on a piece of beach front property owned by ODO LLC. Their
committee presented cerain dedication documents and Final Judgments issued by Florida
Courts affirming “… that an easement for ingress and egress existed over, upon and
through that certain property line east of the right of way of Ocean Drive as hown on
plots of Ft. Pierce Shores.”
“… further a restrictive covenant is imposed upon the property…prohibiting the
defendant (the North Beach Development Company) his successors or assigns from
committing any act on said property which would interfere with or obstruct the ocean
view of those property owners owning lots adjacent to the right of way of Ocean
Drive…”. An examination of the documents and a proposed site plan was made. A
comprehensive discussion followed. The neighbors asked North Beach Association to
help protect their rights.
A motion was made that North Beach Association would act to protect the rights of the
Ft. Pierce Shores home owners as enumerated to include legal counsel if necessary. The
Executive Committee was given authority to oversee and act upon the issue and report
back to the board monthly. The motion was carried by a majority vote of the board, 22
in favor and one abstention (Paul Berg).
Craig Mundt
For the North Beach Association
Com. Grande addressed his concerns with the request and questioned the Board’s ability
to approve moving forward with a public hearing.
The County Attorney stated they bring these issues before the Board to give them the
opportunity to say yes or no when a request is made to advertise a public hearing.
Com. Craft stated he felt the applicant should have the ability to request a public hearing
and follow the process. He agrees there will not be much chance he would be supporting
this project as it moves forward.
Com.Lewis stated she would like to hear the full extent of the explanation and would like
to move forward with the process and know the rationale for this request.
Com. Smith stated he would like to continue should the applicant request having a public
hearing . It is their choice if they wish to spend their money it’s their right even knowing
how the Board feels at this point.
Ms. Susie Caron, Indrio Road resident, stated the county is talking about cutting services
and the fees do help. She believed they may need to look at the fee structure for the
betterment of the county and the community.
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Com. Grande stated the $500.00 fee may cover the advertising however there is staff time
involved and this may be beyond the cost of the fee.
Com. Coward stated he felt the applicant should be present and have an obligation to
present why they are making this request. He believes there is no reason to move
forward and he would set a high thresh hold for these requests. He will not be voting in
favor of moving forward as he does not wish to rubber stamp issues.
Com. Smith stated he was going to support this today due to the fact it was on the consent
agenda and he wishes to be consistent as the county has been in the past in not saying no
to those who wish for the process to move forward and felt today was not the day to say
they are going to change the process.
It was moved by Com. Craft, seconded by Com. Lewis, to grant permission to advertise,
and; upon roll call, the vote was as follows: Nay’s: Grande, Coward; Aye’s: Lewis,
Craft, Smith; motion carried by a vote of 3 to 2.
There being no further business to be brought before the Board, the meeting was
adjourned.
_____________________________
Chairman
______________________________
Clerk of the Circuit Court
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