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HomeMy WebLinkAboutBOCC Minutes 04-11-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 11, 2006 Convened: 9:00 a.m. Tape: 1-2 Adjourned: 11:45 a.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Joseph Smith Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Don West, Public Works Director, Roger Shinn, Central Services Director, Michael Brillhart, Special Projects, Paul Hiott, Veteran Services Director, Millie D. Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held April 4, 2006, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 06-089 Proclaiming April 19, 2006 as “Patriots Day” in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 06-089, and; upon roll call, motion carried unanimously. B. Resolution No. 06-114 Proclaiming April 23, 2006 through April 28, 2006 as “Crime Victims’ Rights Week” in St. Lucie County, Florida. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 06-114, and; upon roll call, motion carried unanimously. C. A presentation was made by the Veteran’s Services Director of the United Way of St. Lucie County Circle of Honor Award. 1 (1-348) D. Commissioner Joseph Smith, Chairman of the Public Safety Coordinating Council addressed the Board regarding the recommendations of the Council. The recommendation was as follows: The Council asked the Board to seriously consider finding the resources to hire 13 deputies and open at lease half of Pod 2 to relieve some of the crowding of the jail, sleeping on the floors and under stairwells, as expeditiously as possible and moving forward on the other options: Rocket Docket, Work Camp/Day Sentence, other options for Mental Illness/Substance Abuse inmates by working with New Horizons, Alternative Sentencing, look at funding additional Public Defender and State Attorney staff and streamlining paper flow and Case Management between the Clerk of Court, Judges, Public Defender and State Attorney in an effort to create a total package the Board of County Commissioners could support. Mr. Quam, New Horizons, addressed the Board regarding the availability of beds at the facility and also the cost of treating mentally ill inmates. The cost would be approximately $33.00 per day versus incarceration at $75.00 per day due to the necessary medications. The County Attorney recommended the Board direct Mr. Quam to put together a proposal regarding short term and long term care and return to the Board for their review. The County Administrator requested the Board not take any action on the additional deputies or pod 2 until all the information is received and reviewed. Com. Coward stated he would like to review any information regarding a potential partnership with New Horizons regarding the mental health issue. He stated he was not averse to hiring more deputies, but would like to see the figures. He is more inclined to move the mentally ill inmates as opposed to hiring more deputies. Com. Hutchinson stated she would like to see funding mechanisms for the programs. She too did not have a problem with adding deputies but would like to see the figures. Com. Lewis stated she had always been in favor of increasing the number of deputies and supports the extra positions, but would like to review the figures for the opening of pod 2 and where the funding would be coming from. 2 Com. Craft stated he would prefer to work on the bond issue for those who cannot afford bonding and would prefer to move the mentally ill and this would provide more beds at the jail. Mr. Rusty Akins, Defense Attorney advised the Board of the under staffing problems at the Public Defender’s office. He stated there were several areas that needed to be looked at such as a meaningful pre-trial program and also drug court. Staff was directed to further scrutinize the packet of recommendations and come back to the Board with resolutions at an upcoming scheduled meeting for this specific purpose. 3. GENERAL PUBLIC COMMENTS None 4. CONSENT AGENDA (1-560) It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the Consent Agenda with item C10-I pulled and item C6C placed on the regular agenda for discussion, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 27. 2. COUNTY ATTORNEY A. Resolution No. 06-119 extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 06-119. B. First Retroactive Extension of Contract with Glatting Jackson Kercher Anglin Lopes Rinehart, Inc. - The Board approved the first retroactive extension of the contract and authorized the Chairman to sign. C. Ordinance No. 06-016- Waterstone Community Development District-Permission to Advertise – The Board approved advertising the Ordinance . D. Interlocal Agreements with St. Lucie Village- Hurricane Debris Removal- The Board approved the 3 three Interlocal Agreements with St. Lucie Village regarding hurricane debris removal. E. Permission to advertise- The Board approved advertising a public hearing for the petition to abandon a portion of a 60 ft. platted right of way known as Flotilla Terrace along with two 30 foot alleys. 3. PUBLIC WORKS A. Building and Zoning Division- 12035 S. Indian River Drive, Ft. Pierce, Fla.- The Board authorized Code Enforcement to place this property on the condemnation list and follow through those procedures and post the property as inhabitable. B. Building and Zoning Division- 2933 Harson Way- The Board reaffirmed its previous order on September 21, 2004 and authorized staff to proceed with the removal of his unsafe structure and to assess the costs associated with this removal against the real property on which this structure is located. C. Engineering Division- Agreement with H.W. Lochner, Inc., for Professional Engineering Services for the four laning of Midway Road from East of the th Turnpike Bridge to S. 25 St- The Board approved the agreement in the amount of $1,718,442.90 for the design, permitting and land acquisition for the four laning of Midway Road. D. Work Authorization No. 6 to the Contract for Professional Services related to Stormwater Management with Bowyer-Singleton & Associates for services on Solida Drive Drainage Pipe Replacement project in the amount of $24,380.00- The Board approved Work Authorization No. 6 to the contract and authorized the Chairman to sign. 4. INVESTMENT FOR THE FUTURE A. Parks and Recreation- Fairgrounds Storage Building- The Board approved the use of $246,488.00 from miscellaneous IFF and General Fund projects funding balances for the purpose of constructing a 4 storage building at the St. Lucie County Fairgrounds, approved Budget Amendment No. BA06-139 and approved staff’s request to go out to bid for a 6000 square foot storage building to be located at the Fairgrounds. B. Parks and Recreation- Fairgrounds Water Plant Capacity Expansion- The Board approved reallocation of $180,000 IFF dollars from the Ravenswood Splash Park Project to the Fairgrounds water treatment plant expansion project and granted permission for staff to go to bid for the Fairgrounds water treatment expansion project. C. Parks and Recreation- Ravenswood Slash Park Design/Construction Documents- The Board approved the Agreement with Edlund Dritenbas in the amount of $94,749.00 for the Ravenswood Splash Park design services and construction bid document preparation and authorized the Chairman to sign the Agreement as approved by the County Attorney. 5. PARKS AND RECREATION A. Purchase of a 6x8 shed for the Ft. Pierce Little League at Elks Park- The Board approved the purchase of a 6x8 utility shed in the amount of $ 1,215.00., including anchoring for the Ft. Piece American Little League. B. Purchase of a 6x4 Gator for the Savannas Recreation Area- The Board approved the purchase of a 6x4 Gator utility cart for the Savannas Recreation Area at a cost of $6,805.00. C. Permission to advertise for bids to replace the Savannas Mobile Home- The Board granted permission to advertise for bids for the purchase of a replacement mobile home at the Savannas Recreation Area the Board also approved the removal of the existing mobile home and its associated parts from the County’s Fixed Asset Inventory. 5 D. Open Space Pool Splash Park Design/Construction Documents- The Board approved the Agreement with Edlund Dritenbas in the amount of $30,519.00 for the Open Space Splash Park design services and construction bid document preparation and authorized the Chairman to sign the Agreement as approved by the County Attorney. E. Paradise Park Rooms and Recreation Building Roof Repair- The Board approved the amendment to contract C05-08-415 changing the guarantee completion date to on or before February 22, 2006 and authorized the Chairman to sign the change order as drafted by the County Attorney. F. Electrical Service for Lawnwood Soccer Field Lighting- The Board approved the use of $45,462.34 from the Park “A” Impact Fees to fund FPUA’s installation of the underground service, a transformer and turn-on the service for the new soccer field lights. 6. COMMUNITY SERVICES A. Approval of application for the FY06/07 Trip/Equipment Grant with the Commission for the Transportation Disadvantaged for trips for our transportation disadvantaged citizens and Resolution No. 06-111.- The Board approved Resolution No. 06-111, approved the application and contract for the grant, acceptance of the grant and authorized the Chairman to sign. B. Approval of two Grant Agreements between St. Lucie County and (1) Pregnancy Care Center of Fort Pierce, (2) Care Net Pregnancy Services of the Treasure Coast; for programs that adhere to the guidelines of the Choose Life License Plate Program as designated in F.S. 320.08058(30)- The Board approved and accepted the agreements and authorized the Chairman to sign all necessary documents. C. This item was moved to the regular agenda. 6 D. Request for Board approval of Amendment # 2 and extension of the Rural Transit Grant ANN08 to utilize the remaining $10,000 grant funds to purchase an Economy Passenger van for transport of transportation disadvantaged passengers- The Board approved Equipment Request # EQ 06-248 and authorized the Chair to sign any grant documents associated with the amendment and extension and authorized the Purchasing Department to purchase an Economy Seven Passenger van through the State Contract # 070-300-230. E. Approval of the Agreement with FPL to administer the Care to Share Program which provides assistance with electric utility payments for FPL customers in times of hardship- The Board approved participation with FPL in the Care to Share program and the Salvation Army and authorized the Chairman to sign the agreement and other documents as necessary for the program. 7. MANAGEMENT AND BUDGET A. Permission to Advertise Public Hearing- The Board authorized the Office of Management and Budget to schedule and advertise a public hearing to amend the budget. B. Budget Resolution No. 06-115- The Board approved Budget Resolution No. 06-115 recognizing revenue from the Federal Emergency Management Agency and the State for Hurricane related expenses. 8. PARKS REFERENDUM Retainage Release of Final Payment to American Athletic Courts Inc., for the Lawnwood Rubberized tract- The Board approved releasing the retainage and making the final payment to American Athletics Courts Inc., in the amount of $19,435.00. 9. AIRPORT Accept Supplemental Joint Participation Agreement with the FDOT and approve Resolution No. 06-117 for the proposed parallel runway 9L/27R design construction- The Board accepted the FDOT’s JPA in the amended total amount of $215,890 with 7 FDOT funding $107,945 and a local match of $107,945 for the design and construction of proposed parallel runway 9L/27R and authorized the Chair to execute the JPA and Resolution No. 06- 117. 10. PURCHASING A. Permission to Advertise an Invitation for Bid for the installation of sewer hook ups, grind pumps, dump stations, and lift stations at the Fairgrounds- The Board granted permission to advertise and IFB. B. Permission to Advertise and Invitation for Bid for Naming Rights for the Swine Building at the St. Lucie County Fairgrounds- The Board granted permission to advertise and IFB for the naming rights of the Swine Building. C. Award Bid No. 06-036- Fire Sprinkler System Inspection, Testing, Testing, and Maintenance for County Facilities- The Board approved awarding Bid No. 06-036 to the lowest bidder, Life Safety Systems Inc., per the tabulation sheet and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Award Bid No. 06-040 Sheet Metal Work for the St. nd Lucie County Walton Road Annex, 2 floor build out- The Board approved awarding bid No. 06-040 to the sole bidder, Sea Coast Air Conditioning for the total amount of $73,100 and authorized the Chairman to sign the contract as prepared by the County Attorney. E. First Amendment to Contract C01-02-349 with Lance, Inc., for providing food in vending machines at the South County Annex/St. Lucie West Courthouse, Ft. Pierce Courthouse, Village Green, Juvenile Court Facility, and the Civic Center- The Board approved the First Amendment to Contract C01-02-349 which extends the contract until March 31, 2011 and authorized the Chairman signing the amendment as prepared by the County Attorney. F. First Amendment to Contract C03-12-802 with Calvin, Giordano & Associates for Professional 8 Engineering Services (Midway Road PD&E Study ) - The Board approved the First Amendment to Contract C03-12-802 which amends the estimated completion date of May 30, 2007 and authorized the Chairman to sign the Amendment as prepared by the County Attorney. G. Permission to advertise IFB for the River Park Marina Project- purchase and installation of Riprap, a fishing dock, boating docks, landscaping and signs/kosk at River Park Marina- The Board approved advertising the Invitation for Bid for the River Park Marina project. H. Approval of Budget Amendment # 06-141 and Equipment Request EQ 06-262 to purchase a folding machine for the Material Center- The Board approved Budget Amendment # 06-141 and Equipment Request EQ06-262 to purchase a folding machine for the Material Center. I. This item was pulled. J. Permission to Advertise an IFB for Prequalification of Fencing Contractors, Furnish, install and repair fencing as needed- The Board approved advertising an IFB. K. Permission to Advertise an IFB for Rental of Construction and Industrial Equipment- The Board approved advertising an IFB. 11. GRANTS A. The Board approved the submittal of a grant application to the Florida Department of Environmental Protection, Invasive Exotic Plant Removal Grant Program for an amount not to exceed $110,000 for assistance in controlling invasive exotics plant species at Blind Creek Park and acceptance of the grant if awarded. B. The Board authorized the submittal of the grant application to the Florida Department of Agriculture and Consumer Services , Urban and Community Forestry Grant program for $25,000 for assistance in 9 reforestation to control invasive exotic plant species at Blind Creek Park and acceptance of the grant if awarded . The Board also authorized Resolution 06- 118 authorizing St. Lucie County to enter into an Urban and Community Forestry Grant Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry. 12. CENTRAL SERVICES The Board approved utilizing Park “B” Impact Fees for parking area improvements located at Rive Park Marina and approved Lozano Builders d/b/a Curbs 4-US at $30,000 to assist with the expansion of the parking area to accommodate boat trailers, and authorize the Chair to sign the contract as prepared by the County Attorney. 13. HUMAN RESOURCES A. Resolution No. 06-120 Amending Resolution No. 86-173 to incorporate changes to the Employee Handbook attached hereto and incorporated herein. This resolution shall be effective for all non- bargaining unit employees on the date of adoption- The Board approved Resolution No. 06-120. B. Creation of two computer positions for Court Administration- Titled Senior Network Support Analyst- Salary Range $46,232.99 to $73,462.90 from the State of Florida, Court System. April Adjustments continued- The board approved the upgrades, title changes and one time increases effective April 2, 2006. 14. AGRICULTURE The Board approved signing Amendment No. 2 to Contract # OT050694-A02 Simple Stormwater Education Project with South Florida Water Management District. 10 15. GROWTH MANAGEMENT The Board approved the correction to the interim advertising agreement with Simple Success to extend the time period to April 30, 2006. The advertising dollars were planned and budgeted in 2005/2006 . REGULAR AGENDA C6C – COMMUNITY SERVICES (1-2482) Progress of the FEMA Emergency deployment and storage site- Consider staff recommendation to continue to develop and enhance partnership with FEMA to develop an emergency deployment and storage site. Mr. John Franklin, Housing Manager for St. Lucie County, Community Services, addressed the Board on this issue. Mr. Franklin advised the Board of the location of the site, and the fact there will be 150 trailer/mobile homes for staging and deployment for FEMA. Mr. Dave Golden 4900 Indrio Road resident addressed the height of the berm. He stated he was informed it would be 15 feet in height and felt it was nowhere near the proposed height. He also questioned if the trailers would be tied down should a hurricane be forecasted to hit our area. He expressed concern on how the area would look with trailers at an eyes view. Mr. David Crow, area resident also addressed the berm and stated he would be able to see the trailers from his property. Mr. Crow stated he felt utilizing the fairgrounds would deface the property. Mr. Brian Green, Indrio Road resident also expressed his concerns with the trailers and their placement should a hurricane approach the area. Ms. Rosemary DeMarco, Indrio Road resident, addressed the Board and expressed her concern with the berm not covering the trailers. 11 Com. Coward brought forth three points he felt should be required by the Board. 1) the berm should be properly landscaped 2) the west end marsh area should have additional buffering i.e. berm and hedge so that the trailers cannot be seen 3) the trailers should either be tied down or moved before an approaching storm/hurricane 4) road impact safety issue The FEMA Representative addressed the Board and indicated they would be placing a berm at the west end and are waiting for the contracting to be approved by Washington. Also they were planning on making the berm 15 ft. high plus the vegetation. The entrance will need to remain large due to the size of the trailers and needing the room to move them in and out of the area. The trailers will be moved at least 3 days before a Hurricane approaches the area. At this point they do not have any equipment available to tie them down and this work would take some time to accomplish. Mr. Joe DiAngelo, contractor and Unit Manager addressed the security issue and advised the Board they would be working the hours of 8:00 a.m. - 4:30 p.m. and the lighting at night can be minimized in order not to affect the residents. The road impact safety issue was a concern for the Board. Mr. Franklin stated the Road and Bridge Department is aware of the project but has not reviewed the issue. The Public Works Director advised the Board they would be reviewing this project for traffic impact and report to the Board. 5.A PUBLIC HEARINGS None scheduled 6. STRATEGY AND SPECIAL PROJECTS (2-1063) Petition by Smith, Akins & Associates, as representative for the proposed Sunset Lakes PUD, requesting a waiver to the requirements of Stop-Gap Ordinance No. 06-012. A conceptual PUD site plan has been prepared for the proposed Sunset Lakes development located at the northwest corner of Johnston Road and 12 Canal No. C-25 within the TVC area boundaries- Consider staff recommendation to deny this petition for a waiver until such time that the applicant has effectively addressed the mater site plan concerns raised by the Treasure Coast Regional Planning Council. Mr. Chad Williard, attorney for the applicant, addressed the Board on this item. Mr. Williard stated they felt they meet certain criteria of the North County Charrette regarding the roadway contribution that is required for Kings Highway, Engle Road and Johnston Road. They are also contributing to the School District with impact fees and additional donations and will continue dialogue with them. The Board was advised the Regional Planning Council felt this project does not meet the TVC criteria. Com. Hutchinson questioned what it was exactly they felt they could not meet. Mr. Williard stated the applicant’s position is they filed this application in January of 2005 and felt this application met certain aspects of the North County Charrette, and according to the RPC it does not meet the major components of the TVC, however basically this is the site plan the application brought forward and the applicant feels it meets enough criteria of the North County Charrette. Com. Coward stated there was nothing about this site plan that furthers the principals of the North County Charrette. This needs to be revised and encouraged the applicant to work with the Regional Planning Council and staff that are both recommending denial and make improvements to the site plan. He felt there was need for flow way systems, open space, street networks and the definition of neighborhoods, none of these have been incorporated. Com. Smith stated the issue for him is looking at it from the general broad aspect of development, he felt this would need work. He would like to see the work product before making a decision on the project and whether or not to grant a waiver. Mr. Willard stated they believed they cannot meet a lot of the criteria the Regional Planning Council set forth since it is a small piece of property. They feel they cannot provide the open space, flow ways, walkways and do not want to be led down that path. They think it’s a good plan and possibly with some messaging they 13 would like the opportunity to continue and with that they need the waiver to continue working with staff and come back and present a third presentation. Com. Craft questioned if they were requesting a waiver or an exemption from the TVC. It seems to him they are requesting for an exemption and they are requesting not to have to follow the TVC criteria. Mr. Williard stated they have been waiting for a year and a half to be told how to move forward with the project. Com. Coward stated they were given specific recommendations by the RPC on how to modify the plan so that the project can be consistent with the overall goal of the community and your client chose to ignore those. Com. Hutchinson stated her concern is the time frame issues on such requests and staff delaying the process. Com. Coward stated he recalled the majority of the Board giving staff direction that they should not be processing application to increase densities within the TVC area for projects that are not consistent with the those overall goals and this is in a section of the Stop Gap Ordinance. Com. Hutchinson stated the applicant has letters dated back for some time and he was told this would be heard in January and it is now April. Com. Lewis stated she concurs that this site has specific constraints and is concerned with the road networks, the open space and configuration. She felt these areas need to be looked into more thoroughly before moving forward. Com. Smith stated letters needed to be written to applicants advising them of any delays in bringing projects to the Board for review. 14 It was moved by Com. Craft, seconded by Com. Smith to deny the request as recommended by staff, and; upon roll call, the vote was as follows: Aye’s: Com. Hutchinson stated aye, due to the fact this is not a site plan she would have wanted to see, and the request should have been for an exemption rather than a waiver; Com. Smith, aye, concurs with Com. Hutchinson and did not see a reason to receive a waiver, Com. Craft, aye, Com. Coward, aye; motion carried by a vote of 5 to 0. 7. COMMUNITY SERVICES (2-2532) Consider approval of the contract to participate in the National Association of Counties Prescription Discount Drug Card Program- Consider staff recommendation to approve participation in the NACo Prescription Drug Discount Card Program and authorize the Chairman to sign the contract and other documents as necessary for the program. It was moved by Com. Smith, seconded by Com. Hutchinson, to approve staff recommendation, and; upon roll call, motion carried unanimously. RA-1 ADMINISTRATION Energy Bill Policy Opposition- Consider staff recommendation to oppose the Energy Bill Policy as outlined in House Bill 1473 and Senate Bill 888. It was moved by Com. Hutchinson, seconded by Com. Lewis to approve staff recommendation and to send a letter to legislation advising them of the same, and; upon roll call, motion carried unanimously. The Board and staff was advised the Criminal Justice Workshop would be scheduled for May 12, 2006 at 9:00 a.m. There being no further business to be brought before the Board, the meeting was adjourned. _____________________________ Chairman ______________________________ Clerk of Circuit Court 15 16