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HomeMy WebLinkAboutBOCC Minutes 03-17-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 17, 2009 Convened: 6:00 p.m. Adjourned: 8:00 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Marie Gouin, Management and Budget Director, Mark Satterlee, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the March 10, 2009 meeting. It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the meeting held March 10, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-078 – Recognizing the outstanding service provided by the Make-A-Wish Foundation of Southern Florida; and Proclaiming March 19, 2009, as “Make-A-Wish Foundation of Southern Florida Day” in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-078 as drafted. It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09-078, and; upon roll call, motion carried unanimously. B. Resolution No. 09-086 – Respectfully requesting the Judicial, Executive, and Legislative Branches of the United States of America assign one of the existing permanent sitting Federal District Court Judges to be transferred to St. Lucie County in order to sit as a permanent sitting Federal District Court Judge at the new Fort Pierce Federal Courthouse located in the Southern District of Florida, upon its completion of construction. Consider staff recommendation to adopt the attached Resolution No. 09-086 as drafted. This item was pulled prior to the meeting. C. Resolution No. 09-089 proclaiming the month of March 2009 as “Guardian Ad Litem Month” in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-089 as drafted. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Resolution No. 09-089, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the experimental Solar panels placed in New Mexico. He also addressed the depth of the port. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Dzadovsky to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. 1 A.WARRANTS Approve warrant list No. 24. The Board approved Warrant List No. 24. B.COUNTY ATTORNEY 1. “After the Fact” Revocable License Agreement – Charles Enns – 725 Indian River Drive – Water line in Indian River Drive right-of-way The Board approved the “After the Fact” Revocable License Agreement, authorize the Chair to sign the “After the Fact” Revocable License Agreement and directed Mr. Enns to record the document in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY - CONTINUED 2. Contract for Sale and Purchase – Four Laning Midway Road from east of th Turnpike Bridge to South 25 Street – John A. Mayo-Parcel I.D. 3406- 601-0002-000/4 The Board approved the Contract for Sale and Purchase from the Mr. John A. Mayo, authorized the Chair to sign the Contract, directed staff to proceed with the closings and record the Warranty Deed in the Public Records of St. Lucie County. C. CENTRAL SERVICES st 1. Third Amendment to Contract #C06-07-542 with 1 Fire & Security, monthly elevator emergency telephone monitoring. st The Board approved the Third Amendment to #C06-07-542 with 1 Fire & Security, to provide monthly elevator emergency telephone monitoring for the Old Clerk of Court Building. The Board further authorized the Chair to sign the Third Amendment as prepared by the County Attorney. 2. Eighth Amendment to Contract #C05-08-485 with Genset Services, Inc., for generator preventative maintenance service, inspections, and load bank testing at various County buildings. The Board approved the Eighth Amendment to Contract #C05-08-485, Genset Services, to add the Old Courthouse generator to the list of serviced facilities. The Board authorized the Chair to sign the Amendment as prepared by the County Attorney. D. PUBLIC WORKS 1. Amendment No. 1 to the Road Improvement Agreement with KIRCO Acquisition, LLC, developers of Interstate Business Park. The Board approved Amendment No. 1 to the Road Improvement Agreement with KIRCO Acquisition, LLC, and authorized the Chair to sign the Agreement. 2. Request Board of County Commissioners approval of Fourth Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase II Alum Facility Design. The Board approved the Fourth Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase II Alum Facility Design in the amount of $26,000.00, and signature of the Chair. 3. Approval of Budget Resolution #09-037 in the amount of $116,243 from Federal Emergency Management Agency (FEMA) for Indian River Estates Storm Water Improvements – Phase 2. 2 The Board approved Budget Resolution #09-037 in the amount of $116,243 from Federal Emergency Management Agency (FEMA) for Indian River Estates Storm Water Improvements – Phase 2. 4. Avenue “J” Pedestrian Bridge over Drainage Ditch No. 2. The Board approved accepting the project. E. MANAGEMENT AND BUDGET Purchasing Division – Award of Request for Proposal (RFP) #09-009 for Lobbyist Services to Van Scoyoc Associates, Inc. Consider staff recommendation to award RFP #09-009 for Lobbyist Services to the top ranked proposer, Van Scoyoc Associates and permission for the Chair to sign the contract as prepared by the County Attorney. This item was pulled for separate vote and discussion. F. TRANSPORTATION PLANNING ORGANIZATION Request permission to purchase computer equipment (EQ 09-028) for the approved planner position. The Board approved the purchase of computer equipment and software, approved Equipment Request EQ09-028 and Budget Amendment BA09-014. G. COMMUNITY SERVICES 1. Permission to advertise an Invitation to Bid for Avenue Q Area Potable Water and Sewer Improvements. The Board approved permission to advertise an Invitation to Bid for Avenue Q Area Potable Water and Sewer Improvements. 2. Approval to award Community Development Block Grant Disaster Recovery Initiative 2005 (CDBG DRI 2005) Housing Rehabilitation Invitation to Bid 5, 6, 7, 8 and 9 to the lowest responsive and responsible bidders. The Board approved awarding the Community Development Block Grant Disaster Recovery Initiative 2005 (CDBG DRI 2005) Housing Rehabilitation Invitation to Bid 5, 6, 7, 8 and 9 to the lowest responsive and responsible bidders. 3. Approval to apply for the State FY09/10 Shirley Conroy Rural Capital Assistance Grant with the Commission for the Transportation Disadvantaged and Resolution No. 09-088. The Board approved the application for Shirley Conroy Rural Transit Grant and Resolution No. 09-088; and authorized the Chair to sign all necessary documents. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Provinces Development of Regional Impact Application of Development Approval (File No: DRI 06-01) Consider staff recommendation to deny the Provinces DRI Application for Development Approval. The representative for the applicant provided a letter of withdraw for this project. 3 The County Attorney advised the Board the applicant may withdraw his petition with the consent of the Board since it had been advertised. Had it not been advertised, the applicant could withdraw without Board approval. The Planning Manager gave a history on this item. Com. Coward addressed the rationale given by the city of Ft. Pierce regarding this project and he believes there is an important message to send to the two cities that this project received a recommendation for denial by the Planning and Zoning Board due to the fact this project was not a good project and believes it should receive a unanimous denial by the Board. Com. Grande stated they are in the process of discussing the annexation issue with the city and his advice to the petitioner is to withdraw this petition at the County level as well as at the city level regarding the annexation. Com. Craft stated he had a different reason for accepting the withdraw. If this is denied he believes they can come back with the same request in two years. He would like to put on the record a letter to the cities a unanimous disapproval by the Board of the application but believes they need to show the applicant there is still an opportunity for them to work with the county. Com. Coward stated he believes they have tried to work with the developer however there still 30 different areas where this project violated the Comprehensive Plan. He believes this project is terrible and they need to send a loud message. Com. Grande commented on the staff report and how explicit it was presented recognizing every problem. He believes our staff report should be given to the cities for review with a strong cover letter outlining the comments of the Planning and Zoning meeting. Com. Dzadovsky addressed Proposed Bill 2026. He asked the County Attorney how this bill would affect if we let this sit out there as a withdraw and if denied completely how it would affect the county with proposed bill 2026. The County Attorney stated this is a proposed bill that has not been passed. However regarding the affect if the Board decided to accept the withdraw, it would be considered dead as well as if they denied it. The only way it would have an impact would be if the Board approved the application then there would be an extension of two years if the bill was to pass. If the Board was to deny or accept the withdraw then there would be no application to be concerned with. Com. Coward stated they need to note that they do not need more homes on this corridor but should consider it being a job corridor instead. Staff advised the Board they could draft a letter outlining the highlighted points discussed today. Com. Coward recommended the letter coming from the Board stating policy issues not recommendations. Com. Grande concurred. Com. Lewis stated she would like to accept the withdraw because she would like to maintain the flexibility for the county. It was moved by Com. Craft, seconded by Com. Grande, to accept the withdraw of the application and to send a letter indicating the points discussed and signed by the Chair, and; upon roll call, the vote was as follows: Nay: Dzadovsky Aye’s: Grande, Coward, Craft, Lewis; motion carried by a vote of 4 to 1. Com. Dzadovsky stated he voted against the motion because this project has been in existence for a long time and it is a bad project and would have preferred to deny it. COMMUNITY SERVICES Public Hearing for the Neighborhood Stabilization Program application. 4 Staff recommends that the Board receive public comments as required prior to the application being submitted for the Neighborhood Stabilization Program. No public comments were received. No action required. END OF PUBLIC HEARINGS ITEM C6- E Purchasing Division- Award of Request for Proposal # 09-009 for Lobbyist Services to Van Scoyoc Associates, Inc. Consider staff recommendation to approve awarding RFP # 09-009 for Lobbyist Services to the top ranked proposer, Van Scoyoc Associates, Inc. and authorize the Chairman to sign the contract as prepared by the County Attorney. Mr. Howard Marlowe, Marlow & Company, addressed the Board and gave a history on the work he and his company have done for the county. Mr. Greg Burns, Van Scoyoc Associates, Inc., addressed the Board and gave information on the new firm where he is now employed. Com. Coward expressed his concerns with changing from one company to another especially since they have worked with Marlow & Company for the past 14 years and have been pleased with the outcome. He believes the Board should consider this rather than considering the individual. Com. Craft stated he had dealt with Mr. Burns during his employment with Marlow & Company and felt that due to his prior experience with Mr. Burns he felt to continue this relationship even though it was with a new firm was important for the county. Com. Dzadovsky requested information as to how the applicants were scored. The Management and Budget Director advised the Board she did not have the scoring sheets available at that moment and requested time to obtain them and make copies for the Board members. Com. Coward stated he did not wish to sever a strong and productive long term relationship with a firm that has done well for the County especially at a time when the Federal Stimulus is about to take place. He believes there is no reason for them to make a change at this time. Com. Craft stated there is more staff for them to work with and what the experiences are in the past with them. Com. Dzadovsky stated in reviewing the scoring and taking one individual out, the score of the other three still scores the new applicant higher. After continued discussion, it was moved by Com. Craft, (at this time the Chairman passed the gavel to the Vice Chairman) seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay’s: Com. Coward, Com. Dzadovsky; Aye’s: Com. Craft, Com. Grande, Com. Lewis, motion carried by a vote of 3 to 2. At this time the Chairperson assumed her position. Unagendad Com. Dzadovsky addressed the new Senate Bills and stated no one was sure what the end result would be. If they are successful it will be a detriment to the County’s growth. He believes “The Provinces” project is a prime example of what could happen. He asked for everyone to contact their legislators and advise them to stay away from the Growth Management issues concerning the Counties. It was the consensus of the Board to direct staff to come back with Resolution and write a letter to the FAC requesting they take a more vocal position opposing these bills. 5 Com. Dzadovsky requested ratification of his appointment, Ms. Jill Hansen to the Tourist Development Council. It was moved by Com. Craft seconded by Com. Grande to approve the appointment of Jill Hansen to the Tourist Development Council, 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 6