HomeMy WebLinkAboutBOCC Minutes 12-09-2008
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: December 9, 2008 Convened: 9:00 am
Adjourned: 10:40 a.m.
___________________________________________________________________
Commissioners Present: Chairman, Paula A. Lewis, Charles Grande, Chris Dzadovsky,
Chris Craft, Doug Coward
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County
Attorney, Beth Ryder, Community Services Director, Jim David, Mosquito Control
Director, Mark Satterlee, Growth Management Director, Diana Lewis, Airport Director,
Debra Brisson, Parks and Recreation Director, Marie Gouin, Management and Budget
Director, Leo Cordeiro, Solid Waste Director, Mike Pawley, County Engineer, Millie
Feliciano, Deputy Clerk
___________________________________________________________________
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the December 2, 2008 meeting.
It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the minutes of the
meeting held December 2, 2008, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 08-368 – Commending Odell Tolson and Scott Abbate for Saving
the Life of another Human Being – Consider staff recommendation to adopt
Resolution No. 08-368 as drafted.
It was moved by Com. Craft, seconded by Com. Grande, to approve Resolution
No. 08-368, and; upon roll call, motion carried unanimously.
B. Resolution No. 08-379 – Proclaiming December 11, 2008 as “ENERGY
AWARENESS DAY” in St. Lucie County, Florida - Consider staff recommendation
to adopt Resolution No. 08-379 as drafted.
It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve
Resolution No. 08-379, and; upon roll call, motion carried unanimously.
V. GENERAL PUBLIC COMMENT
Ms. Lisa Bell, St. Lucie County Historical Society, addressed the Board and advised those present
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of the 2 Annual Feast of Santa Lucia on December 13, 2008.
Mr. Austin, area resident, addressed the Board regarding HR 676 concerning health care and
thanked staff and the Board for their endorsement.
VI. CONSENT AGENDA
It was moved by Com. Grande, seconded by Com. Dzadovsky to approve the Consent Agenda as
amended, and; upon roll call, motion carried unanimously.
Com. Coward wished to point out and thank the state for their assistance in the awarding of
state grants.
A.WARRANTS
Approve warrant list No. 10
The Board approved Warrant List No. 10.
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B.COUNTY ATTORNEY
1. After the Fact Revocable License Agreement – High Point of Fort Pierce
Property Association – PVC pipe in County’s Canal right-of-way – The
Board approved the After the Fact Revocable License Agreement,
authorized the Chairman to sign the After the Fact Revocable License
Agreement and directed High Point of Fort Pierce Property Association to
record the document in the Public Records of St. Lucie County, Florida.
2. Ordinance No. 09-002 – Economic Development Ad Valorem Tax
Exemption – Ineligible Business or Industry – The Board granted
permission to advertise Draft Ordinance No. 09-002.
Com. Grande requested there be a provision added to the Ordinance for
the Board to be able to make exceptions.
The County Attorney advised the Board he would draft the language and
have it available for the public hearing.
3. Volo Holdings Fort Pierce, L.L.C. – Consent to Assignment of Sublease
from Maverick Boat Company Inc. to Wolfenden Enterprises, Inc. for
Hangar E6A – The Board consented to the Assignment of Sublease for
Hangar E6A, and authorized the Chair to sign the Assignment.
4. Revocable License Agreement – River Park Homeowners Association –
Welcome signs to River Park – The Board approved the Revocable
License Agreement, authorized the Chairman to sign the Revocable
License Agreement and directed River Park Homeowners Association to
record the document in the Public Records of St. Lucie County, Florida.
COUNTY ATTORNEY CONTINUED
5. The Board approved the purchase of three (3) laptop computers from
grant funds that were awarded to the County for the Mental Health
Court – These computers will be able to access the mental health
database directly in court. This will assist the court by providing
information and data on each defendant, along with assisting staff in
their day-to-day activities. The Board also approved Budget Resolution
No. (08-374) and Equipment Request (EQ 09-022).
C. PARKS AND RECREATION
1. Lawnwood Skate Park Photo Identification Card Fees –Consider staff
recommendation to approve Resolution No. 08-381 establishing fees for
Lawnwood Skate Park Photo Identification Cards and authorize the
County Administrator or designee to amend fees and to approve Budget
Resolution No. 08-380. This item was pulled to be heard as a
regular agenda item.
2. Award of Invitation to Bid (ITB) #08-069; Construction of South County
Stadium Phase III, to the lowest responsive, responsible bidder of base
bid plus alternates 2 & 4, for a total amount of $2,535,052.00, to Ocean
Gate General Contractors, Inc.; and authorize the Chair to sign the
contract as drafted by the County Attorney – The Board approved the
award of Invitation to Bid (ITB) #08-069; Construction of Phase III
South County Regional Stadium to the lowest responsive, responsible
bidder of the base bid plus alternates 2 & 4, for a total amount of
$2,535,052.00 to Ocean Gate General Contractors, Inc. of Stuart,
Florida; and authorized the Chair to sign the contract as drafted by the
County Attorney.
D. GROWTH MANAGEMENT
1.Approve First Amendment to Contract C07-08-390 with Calvin Giordano
& Associates for additional compensation in the amount of $2,920 to
complete revisions to the Evaluation and Appraisal Report – The Board
approved the amendment to the contract for additional compensation
and authorized the Chairman to sign.
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2. Petition of Don A. Romanello and Robert J. Romanello for Final Plat
approval of Romanello Estates to allow the recordation of the Romanello
Estates Subdivision in the RE-2 (Residential Estate – 2 du/1 acre) Zoning
District – The Board approved the final plat of the Romanello Estates
Minor Subdivision that will authorize its recordation.
E.PUBLIC SAFETY
1.Accept the State of Florida, Domestic Security Federally Funded Sub-
Grant Agreement #09-DS-20-10-66-01 in the amount of $18,000. This
agreement begins upon execution of the agreement by both parties and
shall end May 31, 2010 – The Board approved the State of Florida,
Domestic Security Federally Funded Sub-Grant Agreement #09-DS-20-
10-66-01 in the amount of $18,000.
2. Resolution No. 08-370 approving the Emergency Management Services
(EMS) Grant from the State of Florida Health Department in the amount
of $218,423.00 – The Board approved Resolution No. 08-370 for the
Emergency Management Services Grant in the amount of $218,423.00
and authorized the Chairman to sign.
3. Request to approve the Agreements with AT&T/Bellsouth for the phone
lines and service at the new Emergency Operations Center – The Board
approved the agreements with AT&T/Bellsouth for the phone lines and
service and authorized the Chairman to sign.
F.GRANTS
1. This agenda item is requesting the board to authorize the acceptance of
the grant agreement, approval of Budget Resolution No. 08-372, and
BOCC Chair signature on the Sub grant Agreement, from the Florida
Division of Emergency Management - Community Emergency Response
Team (CERT) Program, for funds in the amount of $10,000. – The Board
authorized acceptance of the grant agreement, approved Budget
Resolution No. 08-372, and BOCC Chair signature on the Sub grant
Agreement, between the Florida Division of Emergency Management and
St. Lucie County for continuation of the CERT Program.
2. This agenda item is requesting the board to authorize the acceptance of
the grant agreement, approval of Budget Resolution No. 08-373, and
BOCC Chair signature on the Sub grant Agreement, from the Florida
Division of Emergency Management – Citizens Corps Program, for funds
in the amount of $7,500. –The Board authorized acceptance of the grant
agreement, approved Budget Resolution No. 08-373, and BOCC Chair
signature on the Sub grant Agreement, between the Florida Division of
Emergency Management and St. Lucie County, in the amount of $7,500.
3. This agenda item is requesting the board to authorize the acceptance of
grant funding from the Florida E911 (Enhanced 9-1-1) State Grant
Program, and approval of Budget Resolution No. 08-376, for funding to
purchase furniture for the “new” St. Lucie County Public Safety Facility,
in the amount of $126,211.50 – The Board authorized acceptance of the
grant agreement, and approved Budget Resolution No. 08-376, between
the Florida E911 State Grant Program - Department of Management
Services and St. Lucie County, in the amount of $126,211.50 to purchase
furniture for E911 Call Takers.
4. This agenda item is requesting the board to authorize the submittal of a
grant application to the Florida Department of Environmental Protection,
for funds in the amount of $50,000 from the Florida Coastal
Management Program. These funds will be utilized to provide education,
resources, and stewardship opportunities to volunteers, in regards to the
Indian River Lagoon region – The Board authorized the submittal of a
grant application to the Florida Department of Environmental Protection -
Florida Coastal Management Program, requesting $50,000 to promote
the Indian River Lagoon Environmental Community Stewardship
Program.
G.MANAGEMENT AND BUDGET
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1. Dori Slosberg Mini-Grant Awards – The Board approved the awards of
grant funds; and authorized the County Attorney’s Office to draw up the
appropriate contracts for the Chairman’s signature.
2. Board approval to advertise a Request for Proposal for Radio Advertising
Services for the St. Lucie County Solid Waste Department –
Com. Grande requested this item be pulled for a separate vote. He
would not support this request due to the fact he felt this could be
handled by our in house media department.
3. Board approval of revised Request for Qualification Evaluation Form –
The Board approved the revised Request for Qualification Evaluation
form with the recommended change by the County Attorney as
requested by Com. Grande.
4. Budget Resolution No. 08-383, which will correct Budget Resolution No.
08-338 fund assignment of $98,726 to fund #001435, by reassigning the
grant award to fund #001505 – The Board approved Budget Resolution
No. 08-383, which will correct Budget Resolution No. 08-383, which will
correct Budget Resolution No. 08-338.
5. Adopt Budget Resolution No. 08-384 to establish the budget for the
$1,700,000 St. Lucie County, Florida Improvement Revenue Note, Series
2008A – The Board adopted Budget Resolution No. 08-384 establishing
the Budget for the $1,700,000 St. Lucie County, Florida Improvement
Revenue Note, Series 2008A and setting up debt service payments.
H.PUBLIC WORKS
1. Board approval of Joint Participation Agreement (JPA) in the amount of
$1,050,000 with Florida Department of Transportation and Florida Ports
Council (FSTED) for Taylor Creek Restoration – Phase 2 Dredging; and
Resolution No. 08-349. FSTED’s contribution covers 75% of the
estimated total project cost of $1,400,000. – The Board approved the
attached Joint Participation Agreement (JPA) in the amount of
$1,050,000 with Florida Department of Transportation and Florida Ports
Council (FSTED) for Taylor Creek Restoration – Phase 2 Dredging; and
approval of Resolution No. 08-349, and authorized signature by the
Chair.
2. Request the Board of County Commissioners Award Bid #00-002, White
City Canal “D”, to Johnson-Davis, Inc., in the amount of $269,500.00 –
The Board approved awarding Bid No. 09-002, White City Canal “D”, to
Johnson Davis, Inc., in the amount of $269,500.00, to establish the
project budget as outlined above, and authorized the Chair to sign the
contract as approved by the County Attorney.
3. Engineering Division – Paradise Park Subdivision Stormwater
Improvements Phase 2 – Award contract to Ranger Construction in the
amount of $37,059, for construction of the outfall connection to the
SFWMD C-25 Canal – The Board approved awarding contract to Ranger
Construction in the amount of $37,059 for construction services involving
the stormwater pond outfall connection into the SFWMD C-25 Canal
within the Paradise Park Subdivision Stormwater Improvements Phase 2
Project, and authorized the Chair to sign.
I.TOURISM
Staff requests approval to amend a Tourism Advertising Contract with Blair
Advertising to change the name from Blair Advertising to Comet Creative, Inc.
This Contract covers the development of the Tourism Marketing Plan, advertising
design and the general promotion of Tourism in the County - The Board
approved the amendment and requested the Chairman be able to sign the
amendment to the Contract as prepared by the County Attorney’s Office.
J. SOLID WASTE
Staff requests approval of First Amendment to November 22, 2005 Waste Tire
Removal Contract with Florida Tire Recycling, Inc., extending the term of the
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Contract for an additional 2 years making the Contract expiration date December
31, 2010 – The Board approved the First Amendment to November 22, 2005
Waste Tire Removal Contract with Florida Tire Recycling, Inc., extending the
Contract for an additional 2 years making the Contract expiration date December
31, 2010.
K. COMMUNITY SERVICES
Approve Budget Resolution No. 08-378 to budget funds from the Florida
Department of Community Affairs for the Community Development Block Grant
Disaster Recovery Program allocation – The Board approved Budget Resolution
No. 08-378 to budget funds from the Department of Community Affairs for the
Community Development Block Grant Disaster Recovery Program allocation.
L. TRANSPORTATION PLANNING ORGANIZATION
Approve budget Resolution No. 08-371 to recognize the FHWA grant award to St.
Lucie TPO in the amount of $262,645 for the 2008/2009 fiscal year – The Board
adopted Budget Resolution No. 08-371 in the amount of $262,645.
M. AIRPORT
Request approval of Resolution No. 08-375 adopting a revision to the Voluntary
Noise Abatement Procedures eliminating the exception for repetitive training
activity to stay west of US 1 on Sundays and Holidays at the St. Lucie County
International Airport – The Board approved Resolution No. 08-375 adopting the
revisions to the Voluntary Noise Abatement Procedures at the St. Lucie County
International Airport, and authorized Chair or designee to execute the same.
N. INFORMATION TECHNOLOGY
Request board approval to award RFP #08-068 to NEC Unified Solutions Inc. for
the new EOC building Telephone system purchase in the amount of $223,714.47
and BOCC existing NEC annual equipment maintenance in the amount of
$17,481.60 – The Board approved awarding the RFP #08-068 to NEC Unified
Solutions Inc. for the new EOC Telephone system purchase in the amount of
$223,714.47 and BOCC existing NEC annual equipment maintenance in the
amount of $17,481.60.
O. ADMINISTRATION
ADDITION TO THE AGENDA – Acquisition of Harbor Branch Property/Title
Change – The Board approved the title change to the Board of trustees of the
Internal Improvement Trust Fund and authorized staff to send a letter approving
the title change.
G-2 Com. Grande advised the Board he would not support this request due to the fact
he felt it could be handled by our in house media department. During an emergency the
County Administrator handles any information that is needed to be related to the public.
Com. Dzadovsky stated he felt there are various recycling programs that should be
advertised and would like for the Board to consider a drop off site in the future for bulbs
and batteries and other items.
Com. Craft stated SLC-TV is viewed by 30,000 homes in St. Lucie County and not in the
Port St. Lucie area. He asked the Board consider this and approve the item.
Com. Coward stated Port St. Lucie has their own TV station and SLC –TV is viewed by a
limited population.
Com. Grande thanked the Board members for their comments and will now be
supporting this item. He requested the media staff work with the cities in coordinating
and sharing programs to avoid these types of expenses in the future.
It was moved by Com. Grande, seconded by Com. Coward, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
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END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
A. PUBLIC WORKS
MSBU Notice of Intent – Fourteen (14) Public Hearings – Consider staff
recommendation to adopt the following fourteen (14) resolutions (Attachments
1-14) which states the County’s intent to use the uniform method of collecting
non-ad valorem special assessments which may be levied by the corresponding
municipal service benefit units:
Agenda Item Number Resolution Number MSBU Project Name
VII – A 08-351 Canoe Creek
VII – B 08-352 Garrison Lane
VII – C 08-353 Kings/Indrio
VII – D 08-354 Lakewood Park 2
VII – E 08-355 Lakewood Park 3
VII – F 08-356 North Lennard Road 1
VII – G 08-357 North Lennard Road 2
VII – H 08-358 North Lennard Road 3
VII – I 08-359 River Hammock
VII – J 08-360 Rainbow Drive 1
VII – K 08-361 Rainbow Drive 2
VII – L 08-362 South Hutchinson Island
VII – M 08-363 Sunland Gardens Phase 2
VII – N 08-364 Towns, Villages, and Countryside
A.It was moved by Com. Grande seconded by Com. Coward,
to approve Resolution No. 08-351, and; upon roll call,
motion carried unanimously.
B.It was moved by Com. Grande, seconded by Com.
Dzadovsky, to approve Resolution 08-352, and; upon roll
call, motion carried unanimously.
C.It was moved by Com. Grande, seconded by Com.
Dzadovsky, to approve Resolution No. 08-353, and; upon
roll call, motion carried unanimously.
D.It was moved by Com. Grande, seconded by Com.
Dzadovsky, to approve Resolution No. 08-354, and; upon
roll call, motion carried unanimously.
E.It was moved by Com. Grande, seconded by Com.
Dzadovsky, to approve Resolution No. 08-355, and; upon
roll call, motion carried unanimously.
F.It was moved by Com. Coward, seconded by Com. Lewis,
to approve Resolution No. 08-356, and; upon roll call,
motion carried unanimously.
G.It was moved by Com. Craft, seconded by Com. Coward, to
approve Resolution No. 08-357, and; upon roll call, motion
carried unanimously.
H.It was moved by Com. Craft, seconded by Com. Coward, to
approve Resolution No. 08-358, and; upon roll call, motion
carried unanimously.
I.It was moved by Com. Grande, seconded by Com.
Dzadovsky, to approve Resolution No. 08-359, and; upon
roll call, motion carried unanimously.
J.It was moved by Com. Grande, seconded by Com. Coward,
to approve Resolution No. 08-360, and; upon roll call,
motion carried unanimously.
K.It was moved by Com. Coward, seconded by Com. Craft, to
approve Resolution No. 08-361, and; upon roll call, motion
carried unanimously.
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L.It was moved by Com. Craft, seconded by Com.
Dzadovsky, to approve Resolution No. 08-362, and; upon
roll call, motion carried unanimously.
M.It was moved by Com. Craft, seconded by Com. Grande, to
approve Resolution No. 08-363, and; upon roll call, motion
carried unanimously.
N.It was moved by Com. Grande, seconded by Com. Coward,
to approve Resolution No. 08-364, and; upon roll call,
motion carried unanimously.
END OF PUBLIC HEARINGS
VIII. ADMINISTRATION
Breckenridge Annexation/Rezoning – Staff is requesting direction on what action, if any,
the Board would like staff to take regarding this proposed rezoning.
The County Attorney reviewed this item and presented the legal issues.
Com. Grande stated he would like to ask the City of Ft. Pierce to delay this
hearing due to the fact the County was not properly notified of this
annexation and due to the concerns that this may set a precedent for the
future. He requested this be delayed until all questions have been cleared up.
Com. Dzadovsky addressed the cost to run utilities in this area and the high
cost. He believes there are many issues and arguments against this and he
has concerns these developers are shopping and placing municipalities against
each other. He also believes they are trying to get the greatest opportunity
possible and then flip the property down the road.
Com. Coward addressed the high standards the county is attempting to
achieve. He stated this item received a denial of 9-0 by the Planning and
Zoning Board and he related to them he believed they would not have support
by the Board. He believes they are attempting to make this land use category
an entitlement. There are a number of issues that concern him about this item
and he believes they need to address these issues in letter form with the City
of Ft. Pierce prior to them casting a vote.
The Growth Management Director advised the Board they have prepared a
letter to be sent to the city regarding the Research Park and they can update
it and have the Board review it.
Com. Dzadovsky addressed the Harbor Isle condo’s turning into rentals and
the concern on what rentals can do to an area. He expressed his concerns with
the ramifications something larger can do as a rental community.
Com. Coward recommended providing guidance in the letter stating they
would like to be working together with the city through this agreement and
the land use planning effort. They may be able to incorporate this area into
the neighborhood planning charette.
Com. Craft stated he wanted to make sure Com. Grande’s comments were not
take as the county not being willing to divide the utilities issue. He is willing
to work this out with the city but is not interested in moving forward with any
legal action.
The County Administrator stated he believed a year and a half ago they had
sent a letter to Breckenridge stating the County could make utilities available
subject to Board approval.
Com. Lewis stated she believes the service boundary agreement does not
cover that area. She would like to keep the letter separate from the Research
Park issue. It is a service agreement not an annexation agreement.
Staff was directed to draft a letter and present it to the Board for review and
will be sending a separate letter.
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IX. COUNTY ATTORNEY
Proposed Interlocal Service Boundary Agreement - Consider staff recommendation to
adopt Resolution No. 08-382.
The County Attorney commented on part 2, chapter 171 and stated this did
not exist when it was done, however it does now. He believes it is now
limitless to address issues. The statute provides that they can adopt a
resolution. It is not intended to be an agreement itself. It starts the process
itself. It has been recommended that it should be clear as to what they are
looking for in terms of an annexation agreement and should reference the
map.
You would have to obtain the consent of the County in order to annex.
Com. Dzadovsky recommended the airport be listed and language added.
The County Attorney recommended the language be placed in item C.
Com. Craft recommended they also include the landfill property as a separate
item.
The County Attorney stated they would include the landfill as well.
Com. Coward asked if anyone knew if the city was interested in going through
this process.
Com. Craft stated he had spoken with everyone except Com. Coke because
they were playing phone tag and he believed they were interested.
It was moved by Com. Coward, seconded by Com. Grande to approve
Resolution No. 08-382, and; upon roll call, motion carried unanimously.
X. SOLID WASTE
Staff request Board approval to close the St. Lucie County Solid Waste Baling & Recycling
Facility 5 additional holidays; New Years Day, Martin Luther King Day, Memorial Day,
Labor Day and Veterans Day. Additionally staff is requesting permission to reduce
Saturday hours from 7:00 AM through 1:00 PM to 8:00 AM through 1:00 PM. - Consider
staff recommendation to approve to close the St. Lucie County Solid Waste Baling &
Recycling Facility 5 additional holidays; New Years Day, Martin Luther King Day,
Memorial Day, Labor Day and Veterans Day. Additionally staff is recommending
permission to reduce Saturday hours from 7:00 AM through 1:00 PM to 8:00 AM through
1:00 PM.
It was moved by Com. Grande, seconded by Com. Coward, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
C-1 - Parks and Recreation: Lawnwood Skate Park Photo I.D. card fees- The
Parks and Recreation Director addressed the Board with the concerns
regarding those utilizing the park not wearing helmets. She believed most of
those not wearing them were from outside the area. She believes a $10.00
fee for county residents and a $20.00 fee for non residents would assist in the
purchase of the photo identification cards along with being able to identify
those who do not follow the regulations.
Com. Dzadovsky commented on those who may not be able to afford the fee.
The Parks and Recreation Director stated they were working with the Schools
and their assisted lunch for student program.
It was moved by Com. Grande, seconded by Com. Coward, to approve
Resolution No. 08-380 as amended to include the language regarding
assistance for those in the free lunch program, and; upon roll call, motion
carried unanimously.
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Com. Coward wanted to make clear that any projects such as phase III of the
stadium is being funded through impact fees as part of the settlement with
the City of Port St. Lucie and the voter approved Recreation Bond.
The County Administrator stated they borrowed the money and will be using
impact fees to pay the debt service.
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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