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HomeMy WebLinkAboutBOCC Minutes 04-21-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 21, 2009 Convened: 6:00 p.m. Adjourned: 9:00 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, Debra Brisson, Parks and Recreation Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Marie Gouin,OMB Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Mark Godwin, Criminal Justice Coordinator, Millie Delgado-Feliciano, Deputy Clerk 1.INVOCATION 2.PLEDGE OF ALLEGIANCE 3.MINUTES It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the minutes of the meeting held April 14, 2009, and; upon roll call, motion carried unanimously. 4.PROCLAMATIONS/PRESENTATIONS A.Mr. Tom Colucci, Treasure Coast Sports Commission gave a presentation on upcoming sports tourism activities and events. 5.GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board and advised them he was in the process of putting together a diorama of what he felt the Port should look like. 6.CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. Com. Coward stated he would like to thank the City of Port St. Lucie for their partnership in the Walton Road widening project. A.WARRANTS The Board approved Warrant List No. 29. B.COUNTY ATTORNEY 1.Request to Advertise- The Board approved advertising one clerical position and one pretrial officer position for the G.P.S./Pretrial Program. These positions have been funded in the 08/09 budget. 2.Ordinance No, 09-014- The Board approved advertising Ordinance No. 09-014 Amending Animal Registration Ordinance to add Seller Registration Requirement for June 16, 2009 at 6:00 p.m. or as soon thereafter as it may be heard. 1 C.PUBLIC WORKS Walton Road Widening – Village Green Drive to Lennard Road The Board approved the Local Agency Program Agreement with FDOT in the amount of $3,574,360 for widening and enhancement of Walton Road-Village Green to Lennard Road approved Resolution No. 09-132 and authorized the Chairman to sign. D.COMMUNITY SERVICES Job Access and Reverse Commute (JARC) and New Freedom (NF) programs. The Board approved advertising a Request for Qualification for transit providers for the JARC and the NF programs. E.AIRPORT Membership addition to Airport Master Plan Technical Advisory Committee (TAC) The Board approved Resolution No. 09-135 amending the membership of the Airport Master Plan Technical Advisory Committee to include Peter Buchwald, Transportation Planning Organization Executive Director and authorized the Chair or designee to sign. F.SHERIFF’S OFFICE The Board approved the submission of an electronic application for the State Criminal Alien Grant 2009. END OF CONSENT AGENDA 7.PUBLIC HEARINGS A.GROWTH MANAGEMENT Adoption of Comprehensive Plan Amendment, Cassens White City Grove Consider staff recommendation to adopt Ordinance No. 09-006, Cassens White City Grove Comprehensive Plan Amendment. Mr. Terry Virta, representing the applicant Mr. Cassens, addressed the Board and advised them they had no concerns with the staff report as presented. Quasi Judicial The following Board members acknowledged having contact with the applicant: Com. Lewis Com. Craft Com. Grande Com. Coward It was moved by Com. Grande, seconded by Com. Coward, to adopt Ordinance No. 09-006, and; upon roll call, motion carried unanimously. B.COUNTY ATTORNEY Ordinance No. 09-005 – Local Preference in Purchasing 2 Consider staff recommendation to adopt Ordinance No. 09-005 as amended and authorize the Chairman to sign the Ordinance. The County Attorney addressed the Board on this item and proposed various amendments. 1.Page 3 Section 1-2-51 (a) local business as defined to add after the words “business which” insert the words “meet all of the following criteria” 2.Page 6 sub-paragraph (i) Reciprocity add the language at the end as follows: “In the event Indian River County, Martin County or Okeechobee County enacts a Local Preference Ordinance with intent and administration comparable to this ordinance and the ordinance does not provide the equivalent benefit level to St. Lucie County bidders or submitters, said county shall be deleted from the list of eligible counties as noted in section 1-2-51 of this ordinance. Com. Craft stated he would not support the ordinance if this language was inserted. He believed it gave a negative tone and this has the ability to come back before the Board to be reviewed and changed at any time. Com. Dzadovsky asked if this would then keep it open to reciprocity. He believed it sounded like it should be a separate paragraph since it may revert back to the reciprocity issue with the interlocal agreement. The County Attorney stated it could, and requested the Board review sub-paragraph (k) which indicated the 6 month review by the Board. Com. Craft stated it sets a negative tone and it does not address the issue. The difference is it would be made automatic rather than it coming back before the Board. Com. Dzadovsky questioned if it would not set a negative tone if it happened the other way and they excluded St. Lucie County. Com. Grande stated he concurred with Com. Dzadovsky and stated he believed the ordinance as amended would say initially the other counties would be included as part of our region as long as they did not enact an ordinance or do nothing and the only time they would be deleted would be if they proactively enacted an ordinance and did not include St. Lucie County especially if they benefited from ours and we did not from theirs. Com. Dzadovsky stated he believed a separate paragraph would be the way to go giving another county the opportunity to use the reciprocity paragraph and initiate an agreement. Com. Coward stated he concurred with Com. Craft. He believes putting that language in would send a negative message and he believes Martin County is already moving in a positive manner reviewing their ordinance and he hopes they will change their local ordinance. Com. Lewis stated she believed there was not a need to add the language. She would like to give Martin County time to amend their ordinance. Com. Craft advised the Board Okeechobee was extremely grateful to be included and Indian River County was not interested in enacting an ordinance and Martin County has an ordinance excluding St. Lucie County and are in the process of reviewing it and considering including St. Lucie County. Com. Dzadovsky stated due to the information provided by Com. Craft he would like to see this ordinance move forward as is with the provision that it be reviewed in 6 3 months with a staff report indicating information on how things are going within the regional area and see if they need to make adjustments. The County Attorney advised the Board there is a consensus not to add this particular language. The County Attorney continued with the amendments. 3.Page 7 – Part D Effective Date- ` The County Attorney requested adding the language “the ordinance shall not affect request for bids or request for proposals that were issued before the effective date”. Com. Craft questioned if there was to be proposed language regarding the apprentice program. Com. Coward stated he believed they needed to do all they can to support the apprenticeship programs and should be inserted into these ordinances. Com. Coward requested a sentence in paragraph (k) “should the Board not elect to continue the local preference policy, it will at that time expire” be deleted. Mr. Sean Mitchell, on behalf of the various trade associations and the Green Energy Task Force, addressed the Board regarding the ordinance and language they had submitted stating that 5% of the workforce be apprentices that are registered it does not make it mandatory but make it a preference. They cannot register apprentices with the state without them having a job. Ms. Linda Cox, Chamber of Commerce addressed written comments the Board received from the Chamber (comments not provided for the record). She stated they were attempting to provide a broad scope review of the ordinance and pointed out several areas of concerns in the ordinance. Mr. Nick Theodore, representing the Florida Carpenters, addressed the Board and stated he concurred with Mr. Mitchell’s comments. He advised the Board individuals in the past had worked under another’s license and received 1099 wage forms and the fact not having insurance places the burden on the tax payer for indigent care if they get hurt on a job. Mr. Bob Schaffer, Florida East Coast Chapter, Association of General Contractors, addressed the Board and stated he was not in support of local preferences. He stated St. Lucie County has very limited contractors to build buildings. He believes this will cause an increase in prices for projects. He believes due to the 5% preference the county may receive fewer bids. He supports adding the apprenticeship program. He recommended the county look into the FDOT (on the job) program for some ideas. They have an apprenticeship program for federally funded projects. The County Attorney recommended not taking any action on the apprenticeship program today. He is not sure how the language would be integrated into the bid process. Com. Craft recommended continuing the apprenticeship discussion at a later date. The County Attorney recommended the discussion take place quickly. Com. Coward concurred it be discussed in the immediate future a month at most. He believes the apprenticeship should be made a requirement. Mr. Larry Lee, Jr. 7936 Saddle brook Drive, Port St. Lucie, addressed the Board regarding an RFP advertising the recycling program. It was advertised by one radio group that did not reach certain demographics’. 4 Com. Craft stated he believed the advertising should be to all demographics in our community. Com. Coward stated he would like to make sure all the information is related to everyone and the opportunities should be open to everyone. Mr. Michael Jacquin, Jacquin and Sons Construction addressed the Board and stated he concurred with the Board tabling the apprenticeship program. He stated he was not a proponent of the RFQ process and one of the things they need to look at for the apprenticeship program is how many firms are participating. Sheriff Mascara addressed the Board and alluded to the RFQ for the jail expansion. He advised the Board his mandate for the job was he demanded there be apprentices on the job and was very pleased with the work. The job came in under budget and they were able to return funds to the Board, this was all done with apprentice labor and he commends the Board if they intend to add the apprenticeship program. Com. Lewis requested the language recommended for page 5 be incorporated into the ordinance. The County Attorney recommended broadening the issue and inserting it also in the Purchasing Manual under general contracts. Com. Grande stated he believed having this language in two places may throw things out of sync in some point in time. This is a step that should be universally applied in all the county’s contracting; he believes it belongs in the purchasing manual and not placed in the special preference law. Com. Lewis stated she would like to see this particular requirement immediately in place and she believes this is how to do it. She does not agree that it will cause an out of sync situation in four years but does believe it should be in a policy, but until then she would like to see it enacted here. Com. Grande recommended asking the County Attorney to bring back the language at the same time the other issues they are speaking of is brought back, then they would be sure to bring it back at a date certain getting it in quickly and would have less housekeeping to do. Com. Dzadovsky commented on the Sunset provision. Com. Grande stated he believed the Sunset language was removed. Com. Coward stated they are going to re-address it but not pre-determine. The Sunset language was taken out, however the time frame language is still there for them to make a decision, but it does not automatically go away, it is up to the majority of the Board to make that decision. The County Attorney reviewed the following changes requested: Page 3 bottom of the page “meets all of the following criteria:” Page 4- add language on employees and independent contractors New sub paragraph after B certification (Restructuring the rest of the numeration items) Page 6 sub-paragraphs K deleting the sentence “Should the Board not elect to continue the local preference policy, it will expire at that time”. Page 7 part D- add sentence, the ordinance shall not affect the request for bids or the request for proposals that were issued before the effective date. 5 With the understanding staff will be bringing back no later than May 12, 2009 a proposal on the apprenticeship and the inclusion of the general policy on independent contractors for inclusion in the purchasing manual. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve Ordinance No. 09-005 as amended and with the provision to return on May 12, 2009 with the apprenticeship language and ensure the language is inserted on number 3 regarding the employee portion, and; upon roll call, motion carried unanimously. C.COUNTY ATTORNEY Ordinance No. 09-008- Local Economic Stimulus Ordinance Consider staff recommendation to adopt Ordinance No. 09-008 and authorize the Chairman to sign. The County Attorney advised the Board staff attempted to revise 4-A as recommended by the Chamber of Commerce. The proposed change on section 4, 2(b) Local contractors that will use more than 75% local laborers’, local material suppliers and local subcontractors on the project that are within 5% of the lowest bid of a non- local contractor that will use more than 75% local laborers,, local material suppliers and local subcontractors on the project are eligible to match the low bid and be awarded the contract. The County Administrator gave an overview of what the Commission is attempting to achieve with this stimulus ordinance. Ms. Linda Cox, Chamber of Commerce addressed the Board regarding the 75% threshold and how they came to this figure. The County Administrator advised the Board staff did not sit down and look at the various sectors within the county and look at the data or any particular methodology. The rationale behind the 75 % was based on the minimum threshold they use when looking at the performance of contractors. Com. Coward addressed the “out clause” and the provisions made. The County Administrator stated if a contractor can show he has attempted to hire 75% of St. Lucie County workers and attempted to purchase 75% of local supplies and cannot, then the out clauses would then come into play. Mr. Bob Schaffer, General Contractors questioned how this would be verified. The County Administrator stated at the time a bid or a proposal is submitted, the bidder must affirm their intent to use 75% on that particular project. Mr. Schaffer stated it was going to be extremely difficult for the county to track it. The County Administrator stated she is not sure she can say she would not be able to do it without it being implemented. She stated they are well on their way to develop administrative procedures. If there is difficulty she will then return to the Board to “tweak” the procedures to make sure they do work. 6 Com. Coward recommended stronger enforcement language and penalties be implemented to avoid fraud or misrepresentation. The County Attorney advised the Board there are current provisions in the Purchasing Manual. Com. Coward recommended adding language referencing the existing Purchasing Manual language. The County Attorney stated he could draft language to add to the ordinance on section 4 (a) to read, “The County shall aggressively pursue remedies available in the Purchasing Manual in the event of fraud or misrepresentation”. It was moved by Com. Grande, seconded by Com. Dzadovsky to approve Ordinance No. 09-008 as amended, to include change to 2(b) and add “The contract shall provide for continuing proof of compliance at appropriate intervals and shall provide the County with the right to terminate the contract in event of noncompliance. The County shall aggressively pursue remedies available in the Purchasing Manual in the event of fraud or misrepresentation; upon roll call, motion carried unanimously. The County Administrator commended staff for the many hours and hard work on these issues. D GROWTH MANAGEMENT Continuation of a petition of WCA of St. Lucie County LLC Consider staff recommendation to approve to continue the petition of WCA of St. Lucie County LLC until June 16, 2009 to allow time for the site plan adjustment to be completed. Com. Dzadovsky stated his concerns with the many times this item has been continued. The Asst. Growth Management Director advised the Board this would be the last continuance requested. The applicant has agreed to achieve their requirements. It was moved by Com. Coward, seconded by Com. Grande, to continue this item on June 16, 2009 at 6:00p.m. Or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS REGULAR AGENDA 8.COUNTY ATTORNEY Resolution No. 09-136 Opposing PCB-NRAC -09-02 Solid Waste Disposal Fee Consider staff recommendation to adopt Resolution No. 09-136 and authorize the Chairman to sign the Resolution. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-136, and; upon roll call, motion carried unanimously. Com. Dzadovsky stated he wanted to advise everyone they were approving to say “NO “to this requested fee. 7 BOARD COMMENTS Com. Craft requested the Board ratify his appointments as follows: Wes Taylor to the Code Enforcement Board Lee Drake to the Arts and Public Places It was moved by Com. Dzadovsky, seconded by Com. Grande, to ratify Com. Craft’s appointments, 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