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HomeMy WebLinkAboutBOCC Minutes 08-05-2008 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 5, 2008 Convened: 6:00 p.m. Adjourned: 7:30 p.m. Commissioners Present: Joseph Smith Chairman, Paula A. Lewis, Doug Coward, Charles Grande, Chris Craft Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Asst. Utilities Director, Beth Ryder, Community Services Director, Mike Powley, County Engineer, Diana Lewis, Airport Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the July 15, 2008 meeting. It was moved by Com. Lewis, seconded by Com. Grande, to approve th minutes of the meeting held July 15, 2008, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for August 5, 2008. V. GENERAL PUBLIC COMMENT Ms. Pam Hammer, are resident, addressed the Board regarding the agenda provided on line. She advised the Board there are items in her opinion that need explanation. She also requested information on items F-11, G-1, J1 and H7. Mr. Steve Tierney, attorney representing VOLO LLC, addressed the Board regarding iteem 4 on the Consent Agenda He stated his client objects to thelicense agreement dur to the fact they felt it would be detremental to their business. He requested the item be removed. The County Attorney recommended removing this item from the agenda in order to give staff the opportunity to resolve the issue and then have it re-agendad. The Board concurred with the County Attorney’s recommendation and pulled the item. Mr. Terre Cooper area resident, addressed the Board on a prior item and also addressed the goal post constructed without a permit. The Assistant County Administrator provided a power point presentation on the issue from the beginning of the problem to it’s being resolved. Susie Caron, area resident, addresed the Board regading item ‘M’ and stated she had received calls from area residents expressing their conderns about the handicap ramp. Mr. John Arena, area resident, addressed the Board with concerns on where the manatees would locate after the closing of a nearby plant. Mr. Henry Kaye, attorney for an item on the Consent Agenda item 6 Cortez st Townhomes. He requested a CO for the 1 building . 1 The Board expressed their concern with the roadway not being done once a CO was provided and requested a bond be placed in order to make sure the road would be constructed. The applicant stated due to financial constraints, they would not agree to providing a bond. The applicant then requested the item move forward as recommended by staff on the consent agenda. VI. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Craft to approve the Consent Agenda with items B-4, F-1,J-5 pulled, and; upon roll call, motion carried unanimously. A.WARRANTS Approve warrant list No. 42, 43 and 44. The Board approved Warrant List No. 42, 43 and 44. B.COUNTY ATTORNEY 1. Dickerson Realty Florida, Inc. - Permanent Easement - 5-foot sidewalk easement on Bandy Blvd. - Resolution No. 08-248 – Consider staff recommendation to accept the Permanent Easement, authorize the Chairman to sign Resolution No. 08-248 accepting the Permanent Easement and direct staff to record the documents in the Public Records of St. Lucie County, Florida. - The Board approved Resolutio No. 08-248 and authorized the Chairman to sign and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Deputy Sheriff’s Blanket Bond – Consider staff recommendation to authorize the Chairman to execute the Bond. The Board authorized the Chairman to execute the Blanket Bond. 3. New Horizons of the Treasure Coast, Inc. – Right-of-Way Donation; 40 feet on West Midway Road and 5 feet on Favorite Road; Resolution No. 08-244 - Consider staff recommendation that the Board accept the Special Warranty Deed subject to New Horizons providing the County with Partial Releases, authorize the Chairman to sign Resolution No. 08- 244 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. – The Board accepted the right of way donation and the special warranty deed subject to New Horizons providing the County with Partial Releases, approved Resolution No. 08-244 and authorized the Chairman to sign. 4. Treasure Coast FBO, LLC – Revocable License Agreement for Aviation Fuel Trucks - Consider staff recommendation that the Board approve the proposed Revocable License Agreement with Treasure Coast FBO, LLC, and authorize the Chairman to sign the agreement. This item was pulled. 5. Aircraft Rescue and Firefighting Facility (ARFF) – Lease Agreement with St. Lucie County Fire District - Consider staff recommendation that the Board approve the proposed lease agreement with the St. Lucie County Fire District for the Aircraft Rescue and Firefighting Facility (ARFF), and authorize the Chairman to sign the Lease Agreement. The Board approved the proposed lease agreement with the St. Lucie County Fire District for the Aircraft Rescue and Firefighting Facillity and authorized the Chairman to sign. C.PUBLIC SAFETY 1. Resolution No. 08-241 County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) Federal match portion – Consider staff recommendation to approve Budget Resolution No. 08-241 and authorize the Chairman to sign. - The Board approved Resolution No. 08-241 and authorized the Chairman to sign. 2 2. Request to accept Modification #1 to Agreement #07-DS-5N-10-66-01- 336, State Homeland Security Grant, time extension – Consider staff recommendation to approve Modification #1 to Agreement #07-DS-5N- 10-66-01-336, State Homeland Security Grant Agreement. - The Board approved Modification # 1 to Agreement # 07-DS-5N-10-66-01-336, State Homeland Security Grant Agreement. 3. Request to accept Modification #2 to Agreement #07-DS-3W-10-66-01- 248, State Homeland Security Grant, time extension – Consider staff recommendation to approve Modification #2 to Agreement #07-DS-3W- 10-66-01-248, State Homeland Security Grant Agreement. – The Board approved Modification # 2 to Agreement # 07-DS-3W-10-66-01-248. 4. Request to accept Modification #1 to Agreement #C07-06-313, Treasure Coast Regional Planning Council extension date utilizing the remaining State Homeland Security Grant Program funding of $8,969.00 – Consider staff recommendation for the Board to approve Modification #1 to Agreement #C07-06-313, Treasure Coast Regional Planning Council Agreement and authorize the Chairman to sign. The Board approved Modification # 1 to Agreement # C07-06-313 and authorized the Chairman to sign. 5. Request to accept Modification #1 to Agreement #C07-02-053, Treasure Coast Regional Planning Council extension date utilizing the remaining State Homeland Security Grant Program funding of $4,864.25 - Consider staff recommendation for the Board to approve Modification #1 to Agreement #C07-02-053, Treasure Coast Regional Planning Council Agreement and authorize the Chairman to sign. – The Board approved accepting Modification # 1 to Agreement # C07-02-053 and authorized the Chairman to sign. D. INVESTMENT FOR THE FUTURE Board approval to award Invitation to Bid (ITB) #08-051, St. Lucie County Fairgrounds Wastewater Treatment Plant Bypass Holding Tank to the second lowest responsive, responsible bidder, per the attached tabulation sheet - Consider staff recommendation for Board approval to award Invitation to Bid (ITB) #08-051, St. Lucie County Fairgrounds Wastewater Treatment Plant Bypass Holding Tank to the second lowest responsive, responsible bidder, per the attached tabulation sheet, and authorization for the Chairman to sign the contract as prepared by the County Attorney. – The Board approved awarding the Invitation to Bid # 08-051 to the second lowest responsive, responsible bidder per the tabulation sheet and authorized the Chairman to sign the contract as prepared by the County Attorney. E. GRANTS Permission to accept grant project agreement, and approval of Budget Resolution 08-243, from the Florida Department of Environmental Protection – Florida Recreation Development Assistance Program (FRDAP) for improvements at Martin Luther King Jr. – Dreamland Park, in the amount of $135,610.84. Park improvements include a soccer field, baseball field, interactive water feature, basketball court, playground, and pavilion area renovations – Consider staff recommendation for Board acceptance of the grant project agreement, approval of the project agreement (including BOCC Chairman signature), and Budget Resolution 08-243, with the Florida Department of Environmental Protection – Florida Recreation Development Assistance Program, in the amount of $135,610.84. – The Board approved accepting the grant project agreement and approved Budget Resolution 08-243 with the Florida Department of Envirionmental Protection. F. PUBLIC WORKS 1. GT Greens, LLC – Final Release of Surety in the amount of $106,219.00 approval of the Maintenance Agreement and acceptance of the maintenance bond in the amount of $32,453.00 – Consider staff recommendation to approve the final release of surety for GT Greens, LLC, approval of the maintenance agreement, acceptance of maintenance bond, and authorize the Chairman to sign. –This item was pulleed. 3 2. Kings Highway at Indrio Road Intersection Improvements Design – Consider staff recommendation to approve Work Authorization No. 2 (C07-07-385) with Kimley-Horn and Associates, Inc., in the amount of $678,840.00, to provide additional services for the design and permitting of the Kings Highway at Indrio Road Intersection Improvements project, and signature by the Chairman. – The Board approved Work Authorization No. 2 with Kimley Horn and Associates and authorized the Chairman to sign. F. PUBLIC WORKS (contd.) 3. Approve the revision of EQ08-304 (60” Ditching bucket) to increase the dollar amount from $5,600.00 to $7,250.00 – Consider staff recommendation to approve the revision of EQ08-304 (60” Ditching bucket) to increase the dollar amount from $5,600.00 to $7,250.00. – The Board approved the revision of EQ08-304 to increase the dollar amount from $5,600 to $7,250. 4. Approval to transfer funds – Consider staff recommendation to approve the transfer of funds from our Maintenance Capital Equipment account (101002-4110-564000-400) to the Capital Building Improvements account (101002-4110-562000-1629). The Board approved tranferring funds from Maintenance Capital Equipment account to the Capital Building Improvement account. 5. Entrada Avenue and Rio Mar Drive Landscaping Project close out – Consider staff recommendation to accept the project and the maintenance agreement, release the retainage, and provide final payment in the amount of $54,504.21 to Sunshine Land Design, Inc. for Entrada Avenue and Rio Mar Drive Landscaping project, and signature by the Chairman. The Board approved accepting the project and the maintenance agreement released the retainage and provided final payment in the amount of $54,504.21 to Sunshine Land Design, Inc. and authorized the Chairman to sign. 6. Cortez Multi-Family Townhomes – Consider staff recommendation to accept modification to the Developer’s Agreement off site roadway improvement for the Cortez Multi-Family Townhomes. – The Board accepted the modification to the Developer’s Agreement off site roadway improvement for the Cortaz Multi Family Townhomes. rd 7. Angle Road Sidewalk (Avenue Q to 53 Street) – Local Agency Program Agreement with the Florida Department of Transportation (FDOT) - Consider staff recommendation that the Board approve the attached Local Agency Program Agreement with FDOT for $840,000.00 for the rd Angle Road Sidewalk (Avenue Q to 53 Street), approval of Resolution 08-247 and Budget resolution 08-250 (attached), and signature by the Chairman. – The Board approved the attached Local Agency Program Agreement with FDOT for $840,000 for the Angle Road Sidewalk and approved Resolution No. 08-247 and Budget Resolution No. 08-250. 8. Solid Waste Initial Assessment Resolution No. 08-251, and request permission to advertise a Public Hearing – Consider staff recommendation that the Board adopt Resolution No. 08-251 (Attachment “1”), a Solid Waste Initial Assessment Resolution and grant permission to advertise a Public Hearing to be held on September 9, 2008 at 9:00 a.m. or soon thereafter as the matter may be heard. - the Board approved adopting Resolution No. 08-251 and granted permission to advertise a Public Hearing to be held on September 9, 2008 at 9:00 a.m.. 9. Approve Equipment Request No. EQ08-335 and EQ08-336 to make a sole source purchase of two Traffic Signal Camera Video Detention packages from Econolite Control products, Inc. for the total amount of $12,350.00 – Consider staff recommendation to approve Equipment Request No. EQ08-335 and EQ08-336 to make a sole source purchase of two Traffic Signal Camera Video Detection packages from Econolite Control products, Inc. for the total amount of $12,350.00. – The Board 4 approved Equipment Request No EQ08-335 and EQ 08-336 to make a sole source purchase of two Traffic Signal Camera Video Detection pacages from EconoliteControl products. 10. Amendment No. 3 to Work Authorization No. 17 with Hazen & Sawyer Engineers for Grant Assistance related to Indian River Estates Stormwater project – Consider staff recommendation for Board approval of Amendment No. 3 to Work Authorization No. 17 with Hazen & Sawyer Engineers for grant technical assistance related to Indian River Estates, in the amount of $24,428.31, extension of contract time to December 31, 2008, and authorization of signature by the Chairman. The Baord approved Amendment No. 3 to Work Authorization No. 17 with Hazen and Sawyer Engineers and authorized the Chairman to sign. 11. Indian River Estates Stormwater Improvements – Phase I Pump Station Change Order No. 1 - Consider staff recommendation for the Board to approve Change Order No. 1 with Close Construction, Inc., in the amount of $301,409.54, for the Indian River Estates Stormwater Improvements – Phase I Pump Station project, and signature by the Chair. – The Board approved Change Order No. 1 with Close Construction Inc., and authorized the Chairman to sign. G. PARKS AND RECREATION 1. Approve Equipment Request #08-334/Budget Amendment #08-033 – Consider staff recommendation that the Board approve Equipment Request No. 08-334 and Budget Amendment No. 08-033 for the purchase of four portable pitching mounds, at a total cost of $9,836.00, for the Parks Division. – The Board approved Equipment Request # 08- 334/Budget Amendment # 08-033. G. PARKS AND RECREATION (contd.) 2.St. Lucie County School District Request to use (5) parks and (1) library site for pick up and drop off locations – Consider staff recommendation that the Board approve the St. Lucie County School District’s request to use six County sites as pick up and drop off points for students attending the new Palm Pointe Research Center in the Tradition Development. Staff also requests that the Board authorize the County Attorney to draft an Interlocal Agreement to finalize the arrangement and authorize the Chairman to sign. The Board approved the St. Lucie County School District’s request to use six County sites as pick up and drop off points for students attending the new Palm Pointe Research Center in the Tradition Development. The Board authorized the County Attorney drafting an interlocal agreement to finalize the arrangement and authorized the Chairman to sign. H. COMMUNITY SERVICES 1. Approval to submit an application for FTA 5309 Federal Appropriation Request for buses and bus infrastructure- Consider staff Recommendation to authorize submission. The Board approved the Submission of the application. 2. Approval of Budget Resolution No. 08-252 to budget the funds from the State FY09 State Housing Initiative Partnership (SHIP) allocation to Housing Assistance – Discretionary and Housing Assistance – Mandatory - Consider staff recommendation for Board approval of Budget Resolution No. 08-252 to budget the funds from the State FY09 SHIP allocation to Housing Assistance – Discretionary and Housing Assistance – Mandatory. The Board approved Budget Resolution No. 08-252. 3. Approve applying for a $750,000 funding request to the Florida Department of Community Affairs for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation and replacement, and permission to advertise Two Public Hearings - Consider staff recommendation for the Board to authorize submittal of a $750,000 funding request to the Florida Department of Community Affairs and permission to advertise the First Public Hearing on August 19, 2008 at 6:00 p.m., or as soon thereafter, and the Second Public Hearing on 5 September 9, 2008, at 9:00 a.m., or as soon thereafter, and authorize the Chair to sign necessary application documents. - The Board approved applying for a $750,000 funding request to the Florida Department of Community Affairs and authorized advertising two public hearings one on August 19, 2008 at 6:00 p.m. and second September 9, 2008 @ 9:00 a.m. 4. Approval of Budget Resolution No. 08-254 to budget the funds from the Florida Department of Community Affairs Disaster Recovery Initiative – Consider staff recommendation that the Board approve Budget Resolution No. 08-254 to budget the funds from the Florida Department of Community Affairs Disaster Recovery Initiative. The Board approve Budget Resolution No. 08-254 . 5. Approval of Budget Resolution No. 08-249 to budget the funds from the My Safe Florida Home grant – Consider staff recommendation for Board approval of Budget Resolution No. 08-249 to budget the funds from the My Safe Florida Home grant. – The Board approved Budget Resolution No. 08-249. 6. Approval of Budget Resolution No. 08-253 to budget the funds from the FY 07 HOME Consortium allocation – Consider staff recommendation for Board approval of Budget Resolution No. 08-253 to budget the funds from the FY 07 HOME Consortium allocation. The Board approved Budget Resolution No. 08-253. 7. Approval of the Seventh Amendment to January 15, 1998 Agreement with Habitat for Humanity to include New Construction Strategy, payment schedule for new construction and donation of lot – Consider staff recommendation for Board approval of the Seventh Amendment to January 15, 1998 Agreement with Habitat for Humanity and authorize the Chair to sign the necessary documents. – The Board approved the Seventh Amendment to the January 15, 1998 Agreement with Habitat for Humanity and authorized the Chairman to sign the necessary documents. I. ENVIRONMENTAL RESOURCES Reallocation of Environmentally Significant Lands funding – consider staff recommendation of reallocating the identified funds into the accounts identified in Attachment A. – The Board approved reallocating the identified funds into the accounts identified in the attachment. J. ADMINISTRATION 1. Design of Phase III – South County Regional Football/Soccer Stadium – Consider staff recommendation that the Board declare an emergency for the stated reasons in the attached memorandum and that the County enter into an Agreement with Schenkel Shultz in the amount of $169,366.25 for architectural and engineering services for the additions and improvements to the South County Regional Football/Soccer Stadium. The Board approved declaring an emergency for the stated reasons in the memorandum and the county enter into an Agreement with Schenkel Shultz in the amount of $169,366.25. 2. Request approval to enter into a Memorandum of Understanding between St. Lucie County, the Department of Tourism – Island of the Bahamas and Comet Creative Inc. (Blair Advertising) to develop mutually beneficial economic marketing programs – Consider staff recommendation to approve to sign the Memorandum of Understanding and to commence joint planning sessions to develop the events. - The Board approved signing the Memorandum of Understanding and commence joint planning session to develop the events. 3. Revised Targeted Industry List – Consider staff recommendation to approve the revised Targeted Industry List. – The Board approved the revised Targeted Industry List. 4. Code Enforcement Board – Consider staff recommendation to ratify Commissioner Craft’s appointment of William Oquendo to the Code 6 Enforcement Board. – The Board approved Com. Craft’s appointment of William Oquendo to the Code Enforcement Board. 5. Funding Request - Staffing for Foreclosure Cases – This item was pulled. K. CENTRAL SERVICES 1. Retroactive approval of printing of check to Dooley Mack to fulfill grant requirements – Consider staff recommendation that the Board retroactively approve the printing of a check to Dooley Mack in the amount of $122,164.35, remaining DCA grant funds, the sending of a copy of this check to DCA, and the holding of the check until the project is complete. - The Board approved printing of check to Dooley Mack to fulfill grant requirements and approved the holding of the check until the project is complete. 2. Approve award of Bid #08-052 to the lowest bidder, Sherwin Williams – Purchase of exterior latex paint and sealer for Central Services/Jail Maintenance – Consider staff recommendation that the Board approve award of Bid #08-052 to the lowest bidder, Sherwin Williams – Purchase of exterior latex paint and sealer for Central Services/Jail Maintenance. A purchase order will be issued for items on an “as needed basis”. The Board approved awarding Bid # 08-052 to the lowest bidder, Sherwin Williams. L. UTILITIES Staff requests approval of the First Amendment to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County – Consider staff recommendation to approve the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. – The Board approved the agreement between Severn Trent Environmental Services, Inc., and St. Lucie County. M. GROWTH MANAGEMENT Request permission to advertise for two Public Hearings considering Draft Ordinance No. 08-025 amending Land Development Code Section 7.04.00 Area, Yard, Height, and Open Space Requirements Table 7-10 Lot Size Dimensional Requirements to permit the construction of a handicap ramp to encroach up to 50% of any required front, rear and side yard setback - Consider staff recommendation that the Board authorize staff to advertise the following Public Hearings to be held on August 19, 2008, at 6:00 p.m., and September 2, 2008, at 6:00 p.m., or as soon thereafter as possible. – The Board approved advertising two public hearings considering Draft Ordinance No. 08-025 to be held August 19, 2008 at 6:00 p.m. and September 2, 2008 at 6:00 p.m. or as soon thereafter as it may be heard. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Continue the Public Hearing to consider the petition of New Horizons of the Treasure Coast for a Major Adjustment to an Approved Conditional use Permit to: Expand Mental Health Facilities (Medical and other health services) and ? Social Services in the I (Institutional) Zoning District; Allow for the proposed children’s residential care program called ? “Children’s Crisis Facility”; and Consolidate previous New Horizons Conditional Use Permit approvals ? (File No.: CUMJ 120081380) - Consider staff recommendation to continue the petition of New Horizons of the Treasure Coast for a Major Adjustment to an Approved Conditional Use Permit to Expand Mental Health Facilities (Mental & other health services) and Social Services in the I (Institutional) Zoning District until September 2, 2008, at 6:00 p.m. It was moved by Com. Coward, seconded by Com. Grande, to continue this item to September 2, 2008, at 6:00p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 7 END OF PUBLIC HEARINGS REGULAR AGENDA VIII. SOLID WASTE Staff request Board approval of Resolution No. 08-242 - Solid Waste Rate Resolution, to increase the rate for class I garbage from $32 per ton to $41 per ton, the construction and demolition debris rate from $19 per ton to $29 per ton and the rate for yard waste from $20 per ton to $26 per ton, effective October 1, 2009, as prepared and approved by the County Attorney – Consider staff recommendation to approve Resolution No. 08-242 - Solid Waste Rate Resolution, to increase the rate for class I garbage from $32 per ton to $41 per ton, the construction and demolition debris rate from $19 per ton to $29 per ton and the rate for yard waste from $20 per ton to $26 per ton, effective October 1, 2009, as prepared and approved by the County Attorney. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 08-242, an;d upon roll call, motion carried unanimously. IX. COUNTY ATTORNEY Resolution No. 08-257 – Authorizing Term Loan to Provide Permanent Financing for Lake Drive MSBU Special Assessment Project - Consider staff recommendation that the Board adopt Resolution No. 08-257 and authorize the Chairman to sign the Resolution. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 08- 257, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. _______________________ Chairman _______________________ Clerk of the Circuit Court 8 9