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HomeMy WebLinkAboutBOCC Minutes 04-28-2009 BOARD OF COUNTYCOMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 28, 2008 Convened: 9:00 a.m. Adjourned: 11:25 a.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, Michael Brillhart, Growth Management, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Marie Gouin, OMB Director, Diana Lewis, Airport Director, Shai Francis, Finance Director, Joseph E. Smith, Clerk of the Circuit Court, Leo Cordeiro, Solid Waste Director, Mark Satterlee, Growth Management Director, Mike Powley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 21, 2009 meeting. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the minutes of the meeting held April 21, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-116 proclaiming the week of May 10, 2009 through May 16, 2009 as “Law Enforcement Week; and designating May 15, 2009 as “Law Enforcement Memorial Day” in St. Lucie County, Florida Board adoption of Resolution No. 09-116 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve Resolution No. 09-116, and; upon roll call, motion carried unanimously. B. Resolution No. 09-117 proclaiming the week of May 3, 2009 through May 9, 2009 as “St. Lucie County Correction Officer’s Week” in St. Lucie County, Florida Board adoption of Resolution No. 09-117 as drafted. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 09-117, and; upon roll call, motion carried unanimously. C. Resolution No. 09-148 proclaiming April 28, 2009, as “Workers Memorial Day” in St. Lucie County, Florida. Board adoption of Resolution No. 09-148 as drafted. It was moved by Com. Craft, seconded by Com. Craft, to approve Resolution No. 09-148, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT None VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1 A.WARRANTS Approve warrant list No. 30 The Board approved Warrant List No. 30. B.COUNTY ATTORNEY 1.Logistic Center - Facility Use Agreement with Treasure Coast Food Bank, Inc. Board approval of the proposed Facilities Use Agreement with Treasure Coast Food Bank, Inc., and authorization for the Chair to sign the agreement. The Board approved the proposed Facilities Use Agreement with Treasure Coast Food Bank, Inc., and authorized the Chairman to sign the agreement. B. COUNTY ATTORNEY CONTINUED 2. 2009 Economic Development Exemption Application – Lighthouse Industries, Inc. d/b/a East Coast Plastics; Ordinance No. 09-017 The Board approved to accept the report of the Property Appraiser and granted permission to advertise Ordinance No. 09-017 for a public hearing on May 12, 2009, at 9:00 a.m. or as soon thereafter as the item may be heard. 3. 2009 Economic Development Exemption Application – Lighthouse Industries, Inc. d/b/a East Coast Plastics (Parkway Warehouse Associates, LLC): Ordinance No. 09-018 The Board approved to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 09-018 for a public hearing on May 12, 2009 at 9:00 a.m. or as soon thereafter as the item may be heard. 4. Street Naming – Conklin Way – 60’ Ingress Egress Easement – Resolution No. 09-140 The Board accepted Resolution No. 09-140 for the proposed street name Conklin Way, as shown on the attached map, directed staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. C.PUBLIC SAFETY Resolution No. 09-122, 2009 Domestic Homeland Security Sub-Grant Agreement. The Board accepted Budget Resolution No. 09-122, 2009 Domestic Homeland Security Sub-Grant Agreement and authorized the Chair to sign documents as approved by the County Attorney. D. CLERK OF THE CIRCUIT COURT On April 20, 2009, the Investment Committee will meet and vote to make the following amendments to the Authorized Dealer Contract List. The Board approved adding HighTower Securities, LLC to the current Broker/Dealer Contract List E. HUMAN RESOURCES Lawnwood Regional Medical Center, Inmate Medical Care Invoice The Board approved payment to Lawnwood Regional Medical Center for invoices in the amount of $2,876.00. F. PUBLIC WORKS 2 1. USGS contract for water quality monitoring at 5 Mile Creek. The Board approved the attached contract with USGS in the amount of $20,267.00 for water quality monitoring in Five Mile Creek, and authorized the Chair to sign the documents as approved by the County Attorney. F. PUBLIC WORKS CONTINED 2. Lakewood Park Phase 1 canal control structures The Board awarded the construction of the Lakewood Park Phase 1 canal control structures to American Engineering and Development Corp. in the amount of $116,870.00 and authorized the Chair to sign contract documents as approved by the County Attorney. G. CENTRAL SERVICES Award of Bid #09-015, waterproofing of various St. Lucie County buildings The Board approved awarding Bid No. 09-015 to the lowest responsive bidder, Golden Brush, Inc. at $142,575, and authorized the Chair to sign the contract as prepared by the County Attorney. H. GRANTS 1. Sea Turtle education materials, grant. The Board approved accepting a funding award in the amount of $3,900 from the Caribbean Conservation Corporation for assistance in sea turtle education materials. 2. Modification of pending Florida Department of Transportation (FDOT) County Incentive Grant Program (CIGP). The Board approved the requested modification of a pending Florida Department of Transportation (FDOT) County Incentive Grant Program (CIGP) application to move $1,317,948 in CIGP funding and $817,948 in County matching funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection. 3. SR713/Kings Highway and SR614/Indrio Road intersection improvements. The Board approved accepting a: (1) Transportation Regional Incentive Program (TRIP) and County Incentive Grant Program (CIGP) Locally Funded Agreement with the Florida Department of Transportation (FDOT); (2) Memorandum of Agreement; and (3) Resolution No. 09-138 authorizing the execution of the agreement. Each is relative to right-of-way acquisition of parcels for an improvement project at the intersection of SR713/Kings Highway and SR614/Indrio Road. I. COMMUNITY SERVICES 1. Trip and Equipment Grant 2009-2010. The Board authorized applying for the FY 09/10 FCTD Trip and Equipment Grant, approval of Resolution No. 09-139 and authorized the Chair to sign documents as approved by the County Attorney. 2. Community Development Block Grant (CDBG) 2004 Disaster Recovery Grant closeout. The Board approved to close out the CDBG 2004 Disaster Recovery Grant and authorized the Chair to sign documents as approved by the County Attorney. J. MANAGEMENT AND BUDGET 3 1. Purchasing Division – Bid for the sale and removal of old corrugated containers (OCC). The Board approved advertising an Invitation to Bid for sale and removal of old corrugated containers (OCC) from the St. Lucie County Baling and Recycling Facility. J. MANAGEMENT AND BUDGET CONTINUED 2. Purchasing Division – Request for Proposal No. 09-023, Residential Appraisal Services The Board approved awarding RFP No. 09-023, Residential Appraisal Services to Callaway & Price, Inc. of Fort Pierce and authorized the Chair to sign the documents as approved by the County Attorney. 3. Purchasing Division – Request for Proposal No. 09-025, Residential Real Estate Title Services The Board approved awarding RFP No. 09-025, Residential Real Estate Title Services to St. Lucie Title Services, Inc. of Fort Pierce and authorized the Chair to sign documents as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. Capital Improvements Element (CIE) Comprehensive Plan Amendment. Board adoption of Ordinance No. 09-015 as an amendment to the Capital Improvement Element representing FY 2008/09 – 2012/13. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Ordinance No. 09-015 as an amendment to the Capital Improvement Element representing FY 2008/09- 2012/13, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. GROWTH MANAGEMENT Major Site Plan approval for Denedios Holdings, LLC Board approval of Draft Resolution No. 09-019, granting Major Site Plan approval for the project to be known as Denedios Holdings, LLC Mr. Joe Friscia, agent for the applicant addressed the Board and stated the masonry wall is an item he cannot afford at this time. He believes the wall is not necessary since the house in the area is vacant and believes it is used for storage purposes. Com. Coward stated his opposition to a concrete wall since the business is not adjacent to a residential area. The County Attorney stated the main component is what exactly the use of the property to the north is and there is a question of whether the residential use has been abandoned. Mr. Friskier presented the Board with a copy of a business tax receipt the owner of the house purchased. It stated there was a business being run out of the house since 2004. The Growth Management staff advised the Board the house remained homesteaded. The County Attorney stated there seemed to be conflicting issues one being the homesteaded property. He recommended deferring the item until these issues could be looked into. Com. Dzadovsky recommended moving forward in order not to stop this business from hiring the needed personnel and recommended requiring the applicant to install a PVC fence with additional vegetation. 4 Com. Coward recommended installing a wood fence which would be less expensive for the applicant with above code landscaping. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 09-019 subject to the conditions outlined as well as requiring the installation of a wood fence with additional landscaping of 150% of the code, and; upon roll call, motion carried unanimously. IX. MANAGEMENT AND BUDGET Purchasing Division - An Administrative Hearing for All Haul/dba Circle H. Citrus – RFP Protests – No. 09-020 Residential Solid Waste Collection Board approval to deny the protest and deem All Haul/dba Circle H. Citrus’s proposal non- responsive. Mr. Ed Beck, Attorney for All Haul, addressed the Board on this item and stated according to paragraph 30 sub-paragraph 6, he believes it allows his client to be considered. He stated he was not asking the Board to award the bid to his client, solely to give them the opportunity to be considered. It was his opinion this paragraph was ambiguous. Com. Grande requested clarification from the County Attorney on waiving irregularities and the intended interpretation. The County Attorney advised the Board the paragraph gives the Board flexibility to waive any irregularities. He encouraged the Board to say that they will waive any irregularities and the qualification requirement is ambiguous. Com. Grande stated he could not state that the paragraph indicating the qualifications is ambiguous. It clearly asks for comparable experience. The County Attorney stated in terms of irregularities, regardless of the language in the RFP under the cases it suggests that you can waive minor irregularities that did not provide a competitive advantage to the other bidder or vendor. In terms determining what a court would say, you would need to determine if it is not providing competitive advantage in essence minor irregularity not a major. A minor in the sense that it does not give a competitive advantage. Mr. Russell Mackey, Waste Pro Manager, addressed the Board regarding the bid document and what he felt the intent was, to have someone who is qualified to do this type of work and has a history of doing this kind of work. He sees this as a vey large irregularity. Mr. Mackey gave the Board a brief history of his operation. Com. Lewis stated it was difficult looking at a document after the fact. She believes she knows what the intent was and concurs with some of Com. Grande’s comments. She is inclined to let them everyone goes through the process simply because there is a question. Com. Craft stated he felt they needed to protect the integrity of the system and the process and felt they needed to let as many people into the process as they can. He supports opening the process so that everyone can be reviewed. Com. Grande stated for the same reason then it does go to the integrity of the process. The County Attorney advises them not to re-open this unless they are willing to admit there is ambiguity. He is not willing to support such a motion. He does not see ambiguity. Com. Lewis stated she believes there are a few more words required in the paragraph to make it clear. She believes it needs to be clarified before they can hang their hats on it. Com. Dzadovsky stated he too was leaning in that same direction. He believes how you look at the paragraph does not change it and felt the language should have stated a county of our size should have included population. Com. Coward stated he is inclined to support this rating process of the group, but will advise everyone he is extremely pleased with the existing hauler and their performance, price and customer satisfaction. He believes the existing company will rise to the top. Com. Grande stated he believes they were asking for a comparable contract, equal in size, not size of the county versus population, this issue is mute. They were asking for an equal contract. 5 It was moved by Com. Dzadovsky, seconded by Com. Coward, based on testimony presented today and in view of the Board’s broad flexibility to waive irregularities as set out in the document, based on that there appears to be an ambiguity in the language of the proposal, that the Board overturn staff’s decision and allow All Haul and the other contractor to participate in the evaluation process and direct staff to proceed and bring back the evaluation to the Board for review, and; upon roll call, the vote was as follows: Nay: Com. Grande(based on the fact he does not believe there is ambiguity in the language); Aye’s: Com. Coward, Com. Craft, Com. Dzadovsky and Com. Lewis; motion carried by a vote of 4 to 1. X. GROWTH MANAGEMENT Extension for Major Site Plan project known as Orange Avenue Storage Board adoption of Resolution No. 09-067 granting 12-month extension to the Major Site Plan project known as Orange Avenue Storage, with the conditions there in. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 09-067, and; Upon roll call, motion carried unanimously. XI. COUNTY ATTORNEY Resolution No. 09-119; Local Economic Stimulus Projects Consider staff recommendation to adopt Resolution No. 09-119. Approved Projects from the Local Economic Stimulus Program Central Services 1.Courthouse Annex Phase 1A 2.South County Annex AC Maintenance 3.State Attorney Office AC Maintenance Parks and Recreation 1.Lawnwood Sports Complex Restroom and Concession 2.Martin Luther King Restroom Public Works 1.Angle Road Sidewalk Phase 2 (Avenue M to Orange Avenue) 2.Avenue D Sidewalk Construction 3.Admiral and Cortez Culvert 4.Esplande and Cortez Culvert 5.Five Mile Creek at Whiteway Dairy Culvert 6.Walton Road Improvements Phase 1 Construction Com. Coward addressed the Research and Education Park road and utility project. The County Administrator stated she received a copy of the letter from the Executive Director but has not had the opportunity to review the projects listed in the letter. Com. Craft stated there is presently a re-prioritizing of the projects by TCERDA. He believes staff will come back with the list and they could add it then. The County Attorney addressed the state law regarding the hiring of architects and engineer to go through a certain process and stated it does not allow them to make this part of the process. Com. Coward stated he would like to see this project added to the list. He also commented on taking advantage of grant dollars for sidewalk projects. Com. Lewis stated she believed there was going to be discussion on this project at the Informal meeting this afternoon. 6 Mr. Michael Jacquin, Jacquin and Sons asked if the prime contractor had to adhere to the 75% requirement. The County Attorney stated they would need to adhere to the 75% requirement based on head count. Mr. Jacquin advised the Board there were 3 projects he felt would be best under the construction management process. It was moved by Com. Grande, seconded by Com. Craft to adopt Resolution No. 09-119, 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 7