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HomeMy WebLinkAboutBOCC Minutes 08-11-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 11, 2009 Convened: 9:00 a.m. Adjourned:10:15 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Dzadovsky, Chris Craft, Doug Coward Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steers, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, OMB Director, Jim David, Mosquito Control Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Leo Cordiero, Solid Waste Director, Laurie Case, Utilities Director, Richard Bouchard, Erosion Manager, Mike Powely, County Engineer, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the July 14, 2009 meeting. Approve the minutes from the July 17, 2009 special meeting. It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meetings held July 14, 2009 and July 17, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS (This item was pulled prior to the meeting) A. Presentation by Linda Ogal of the PSL Census Bureau on the 2010 Census Update and the local Complete Count Committee V. GENERAL PUBLIC COMMENT Mr. Wetzel, Experimental Aircraft Ft. Pierce and a tenant at the airport, addressed the Board and requested consideration in obtaining the vacant building next to his. He has attempted to negotiate the rental and asked the Board give his not for profit organization consideration. Com. Craft requested Mr. Wetzel contact his office to schedule a time when they could discuss the matter. Mr. John Arena, Ft. Pierce resident, addressed the Board regarding Florida’s coastal economy, the mega yacht industry and the Indian River Lagoon. Mr. Patrick McLaughlin, Florida Masonry Apprentice and Educational Foundation addressed the Board and thanked them for their support in establishing apprenticeship training programs in St. Lucie County. He requested the Board continue to require apprentices be hired on various construction projects. Mr. McLaughlin expressed his concern with the building and funding being perceived as a unionized program. Com. Coward advised Mr. McLaughlin it was the county’s intention to work with union and non-union and they do not wish to exclude anyone. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A.WARRANTS 1 Approve warrant list No. 42, 43, 44 and 45 The Board approved Warrant List Nos. 42, 43, 44 and 45. B.COUNTY ATTORNEY 1. Permission to Advertise - Ordinance No. 09-009 - Historic Preservation The Board approved advertising proposed Ordinance No. 09-009 for public hearing before the Local Planning Agency on September 24, 2009, and the Board of County Commissioners on October 20, 2009, and November 3, 2009, at 6p.m. or as soon thereafter as may be heard. 2. Flowage Easement – Stuart Property Holdings, Ltd. – Gilson Road – Parcel No. 4436-311-0001-000/3 – Resolution No. 09-209 The Board approved accepting the Flowage Easement from Stuart Property Holdings, Ltd., authorized the Chair to execute Resolution No. 09-209 and directed staff to record Resolution No. 09-209 in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 3. Donation of Right-of-Way Easement - Fort Pierce Mosque - 10 feet on Sunrise Boulevard - Resolution No. 09-234 The Board accepted the Right-of-Way Easement, authorized the Chair to sign Resolution No. 09-234 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 4. South Causeway Island - Sovereignty Submerged Lands Lease Renewal - Modification to Reduce Square Footage - BOT Lease No. 561391568 The Board approved the Sovereignty Submerged Lands Lease Renewal, BOT Lease No. 561391568, extending the effective date to June 14, 2013, authorized the Chair to execute the Lease Renewal, directed staff to forward the Lease Renewal to the Department of Environmental Protection for signature and record the Lease Renewal in the Public Records of St. Lucie County, Florida. 5. after the Fact Revocable License Agreement – Mr. & Mrs. Poole – 703 SW Goodrich Street The Board approved the After the Fact Revocable License Agreement with Mr. & Mrs. Poole, authorized the Chair to execute the Agreement and directed Mr. & Mrs. Poole to record the Agreement in the Public Records of St. Lucie County, Florida. 6. Donation of Right-of-Way – G.I.K. Development, LLC – Midway Road Professional Plaza – 15 feet on Midway Road and 20 feet on Christensen Road – Resolution No. 09-227 The Board accepted the Warranty Deed, authorized the Chair to sign Resolution No. 09-227 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 7. First Amendment to Lease Agreement with Beach Club Colony on the Ocean, Inc. The Board approved the First Amendment to the Lease Agreement with Beach Club Colony on the Ocean, Inc. and authorized the Chair to sign the Amendment. 8. Queens Island Preserve – Agreement with BMR Funding, LLC for Subdivision Improvements 2 The Board approved the proposed agreement with BMR Funding, LLC, and authorized the Chair to sign the agreement. 9. Revocable License Agreement - Chem-Tex Supply Corporation (Allied) - Monitoring Wells - Range Line Road and Glades Cut-Off Road The Board approved the Revocable License Agreement, authorized the Chair to sign the Revocable License Agreement and directed Chem-Tex Supply Corporation to record the document in the Public Records of St. Lucie County, Florida. 10. Treasure Coast FBO, LLC - Sublease Agreement with South Aviation, Inc. The Board approved consenting to the sublease agreement between Treasure Coast FBO, LLC, and South Aviation, Inc. B. COUNTY ATTORNEY CONTINUED 11. Request to purchase a renewed “Maintenance Agreement” on one (1) camera for the First Appearance System. This agreement will cover all aspects of the camera including the computerized software for this advanced system. The Board approved the purchase of a three (3) year Maintenance Agreement with BT Conferencing Video, Inc. for the Polycom VSX 7000 First Appearance Computerized Camera. C. COURT ADMINISTRATION Request approval for usage of Court Innovations Funds The Board approved Budget Resolution No. 09-226 Budget Amendment No. 09-032 to fund Judges Professional Dues and Judicial Assistants travel and education from the Court Innovations Fund in the amount of $17,300. St. Lucie County share would be $4,000. Indian River County has approved $3,000. Martin County has approved $9,700 and Okeechobee County has approved $600. D. PARKS AND RECREATION 1. Waveland Beach Concession Demolition and Debris Removal The Board approved demolishing the Waveland Beach concession building for risks and safety reasons as outlined in the agenda memorandum. 2. Contract Amendment, Lisa’s Kayak, Inc. The Board approved of the first amendment to the February 26, 2008 Concession Lease Agreement C08-02-157 with Lisa’s Kayaks, Inc. as outlined in the agenda memorandum and authorized the Chair to sign documents as approved by the County Attorney. 3. Budget Resolution 09-228, Children’s Services Council Summer Camp Grant Funds The Board approved of Budget Resolution No. 09-228, allocating $13,115 in summer camp grant funds from the Children’s Services Council of St. Lucie County as outlined in the agenda memorandum and authorized for the Chair to sign documents as approved by the County Attorney. 4. Time extension of Florida Boating Improvement Program (FBIP) Grant for Summerlin Dock Renovation The Board approved Amendment #2 to Contract No. 07102 of the Florida Boating Improvement Program (FBIP) Grant Agreement extending the project completion date for the Summerlin Dock improvements to September 30, 2009 as outlined in the agenda memorandum, and authorized for the Chair to sign documents as approved by the County Attorney. 3 5. Lawnwood Baseball Restroom Gravity Sewer Connection – Engineering Services The Board approved Work Authorization #2 of Contract C07-05-258 with Culpepper & Terpening in the amount of $33,240 for engineering and permitting services at the Lawnwood Sports Complex as outlined in the agenda memorandum and authorized the Chair to sign documents as approved by the County Attorney. E. SHERIFF’S OFFICE Budget Amendment in the amount of $139,365.00 to purchase replacement vehicles. The Board approved the Sheriff’s request for a budget amendment to increase the budget $139,365.00 for the purchase of replacement vehicles. F. ADMINISTRATION Florida Atlantic University’s education seat on the Treasure Coast Education, Research and Development Authority board. The Board approved and ratified the recommended appointment of Mr. Hoyt C. “Pat” Murphy, Jr., for the vacant partial term of August 2009 to August 2010 on the Treasure Coast Education, Research and Development Authority board. G. PUBLIC WORKS 1.Verada Ditch Improvements South of Calmoso Drive The Board approved the First Amendment to Work Authorization No. 23 with Dunkelberger Engineering & Testing, Inc. in the amount of $32,415 and authorized the Chair to sign documents as approved by the County Attorney. 2.Verada Ditch Improvements South of Calmoso Drive The Board approved the correct contract number C09-03-107 for documents, including Change Order No. 1 and No. 2 for the Verada Ditch Improvements south of Calmoso Drive. 3. Verada Ditch Improvements – Lucero Drive Culvert Replacement The Board approved the correct contract number C09-03-108 for documents, including Change Order No. 1, related to the Verada Ditch Improvements – Lucero Drive Culvert Replacement. 4. Midway Road Widening (East of the Turnpike Bridge to South 25 Street) th The Board approved the Fourth Amendment with H.W. Lochner, Inc. in the amount of $226,490.35 and authorized the Chair to sign documents as approved by the County Attorney. 5. Indian River Estates Potable Water Municipal Service Benefit Unit (MSBU) Project The Board accepted the Indian River Estates MSBU project and approved final payment in the amount of $375,172.21 to B&B Underground Contractors, Inc. 6. Walton Road Widening (US 1 to Village Green Drive) The Board approved reprogramming of funds from the County’s Road Bond Fund in the amount of $6,975,000 and approval of Work Authorization No. 1 for Construction Management Services with Culpepper and Terpening, Inc. for the Walton Road Widening project (US 1 to Village Green Drive) in the amount of $442,000. Board approval of Work Authorization No. 29 for construction materials testing with Dunkelberger Engineering and Testing, Inc. in the amount of $102,550. Authorized the Chair to sign documents as approved by the County Attorney related to Work Authorizations. G. PUBLIC WORKS CONTINUED 4 7. Kings Highway Corridor Study The Board approved the Second Amendment to Work Authorization No. 6 with Kimley-Horn and Associates, Inc. for a time extension and an increase in the amount of $6,000 for a total contract amount of $55,500 and authorized the Chair to sign. 8. Concurrency Management Database The Board approved the second amendment to Work Authorization No. 5 with Kimley-Horn and Associates, Inc. for a time extension and an increase in the amount of $3,100 for a total contract amount of $52,600 and authorized the Chair to sign. 9. Request to Advertise for Qualifications (RFQ) for continuing contracts for Port Engineering The Board granted permission to advertise for an RFQ from qualified firms to perform dredging, design, permitting, and port engineering services through continuing contracts. 10. Lakewood Park Drainage Improvements The Board approved the Fourth Amendment to Work Authorization No. 16 with Hazen & Sawyer in the amount of $10,196, and authorized the Chair to sign contract documents as approved by the County Attorney. 11. Walton Road Widening (US 1 to Village Green Drive) The Board approved the Sixth Amendment with Inwood Consulting Engineers in the amount of $25,000.00 and authorized the Chair to sign document as approved by the County Attorney. 12. Solid Waste – Initial Assessment Resolution The Board adopted Resolution No. 09-205, the Solid Waste Initial Assessment Resolution, and authorized the Chair to sign documents as approved by the County Attorney. H. HUMAN RESOURCES Extension of Administrative Agreement with WEB-TPA, Inc., C04-10-448 The Board approved and authorized the Chair to sign documents as prepared by the County Attorney. I.ENVIRONMENTAL RESOURCES Landscaping Improvement Agreement with Treasure Coast Hospice. The Board approved the Landscaping Improvement Agreement with Treasure Coast Hospice. J. MANAGEMENT AND BUDGET 1. Budget Amendment No. 09-231, to correct the fund number for Airport’s Florida Department of Transportation (FDOT) Design Terminal Improvements Grant The Board approved Budget Resolution No. 09-231, which will amend Budget Resolution No. 09-202. 2. Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements 5 The Board approved awarding Bid No. 09-032 to Felix Associates in the amount of $4,222,347.65 and authorized the Chair to sign documents as approved by the County Attorney. Com. Dzadovsky expressed his concerns with future change orders. He wished advise staff as well as the contractor that any change orders will be coming the Board. 3. Request for Qualifications (RFQ) No. 09-022, Traffic Engineering and Transportation Planning Services The Board approved the short-listed firms for Traffic Engineering and Transportation Planning Services and permission to: 1. Conduct oral presentations with the short-listed firms: 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorized the Chair to sign the documents as prepared by the County Attorney. 4. Bid No. 09-043, Purchase of Asphalt Millings The Board approved awarding Bid No. 09-043, purchase of asphalt millings to Dickerson Florida, Incorporated of Ft. Pierce, Florida and authorized the Chair to sign documents as approved by the County Attorney. 5. Bid No. 09-044, Recycling of Cardboard from the St. Lucie County Solid Waste Baling and Recycling Facility The Board approved to reject the sole proposal received for Bid No. 09-044, Recycling of Cardboard from the St. Lucie County Solid Waste Baling and Recycling Facility, and granted permission to re-advertise. 6. RFP No. 09-049, Design, Build, Own and Operate Landfill Leachate Treatment System. The Board approved to reject the sole proposal received for RFP No. 09-049, design, build, own and operate a landfill leachate pre-treatment system. K. TRANSPORTATION PLANNING ORGANIZATION Resolution No. 09-208, Agenda Request Process The Board approved to adopt budget resolution 09-208 to appropriate and expend funds from the Florida Commission for the Transportation Disadvantaged Planning grant for the amount of $22,575.00. L. COMMUNITY SERVICES 1. Acceptance of the Neighborhood Stabilization Program Grant Contract, Budget Resolution No. 09-232 and Position Request 09-007 The Board approved accepting the contract with the Department of Community Affairs for the Neighborhood Stabilization Program; approval of Budget Resolution No. 09-232; approved Position Request 09-007 and authorized the Chair to sign documents as approved by the County Attorney. 2. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grant Agreement Modification Number Five. The Board approved Modification Number Five to the St. Lucie County CDBG DRI Grant 07-DB3V-10-66-01-Z04 to extend the contract date to January 16, 2010, and authorized the Chair to sign the documents as approved by the County Attorney. 3. Application to the Florida Division of Emergency Management for the Residential Construction Mitigation Program 6 The Board approved submitting an application for the Residential Construction Mitigation Program, and authorized the Chair to sign documents as approved by the County Attorney. 4. Grant Agreement with Care Net Pregnancy Services of the Treasure Coast for Expenditure of the Choose Life License Plate Funding. The Board approved the Grant Agreement with Care Net Pregnancy Services of the Treasure Coast and authorized the Chair to sign documents as approved by the County Attorney. M. CENTRAL SERVICES 1. Repair work on elevator located at Courthouse Annex The Board approved Budget Amendment No. 09-033 in the amount of $50,000 to repair the Courthouse Annex elevator. 2. Lease Agreement with UDT Seal Museum for storage space. The Board approved the Lease Agreement with UDT Seal Museum for storage at the St. Lucie Logistics Center and authorized the Chair to sign documents as approved by the County Attorney. N. UTILITIES Approval of Resolution No. 09-098 adopting the St. Lucie County Water & Wastewater Master Plan Update. This item was pulled prior to the meeting. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A.COUNTY ATTORNEY Resolution No. 09-154 and Exchange Agreement with the City of Fort Pierce – Jetty Park/Lawnwood Park Parcels Staff recommends that the Board determine if it wishes to exchange the proposed property and, if the Board authorizes the exchange of the proposed property, approve Resolution No. 09-154 as drafted and authorize the Chairman to sign the Resolution. Com. Grande addressed the agreement and the reverted clause. He questioned if the employee health clinic would fall into the definition of public purpose. The County Attorney advised the Board the county has the ability to provide hospitals as well as clinics. The savings of $ 1 million dollars a year is of great benefit to the taxpayers of St. Lucie County. Com. Dzadovsky thanked the City of Ft. Pierce for working with the county on this exchange. Com. Coward asked if there were still concerns regarding the access for beach re- nourishment. The County Attorney stated the county still had a permanent easement across the spur jetty parcel and they still have the ability to utilize St. Lucie Court up until the time the developer decides to construct. He believes they have addressed the issue as best as they could. The Erosion Manager advised the Board he had made the Army Corps of Engineers aware of the future contracts and will keep an eye on St. Lucie Court and will do what they need to do until that time. He also advised the Board there are parcels to the south the county may be able to utilize. 7 It was moved by Com. Grande, seconded by Com. Coward, to approve Resolution No. 09-154, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. GROWTH MANAGEMENT Petition of International Airport Business Park of St. Lucie County, LLC for a Post-Development Order Change to Resolution No. 05-149. Consider staff recommendation to adopt Resolution No. 09-073 granting a modification to the final development order, as authorized in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. It was moved by Com. Grande, seconded by Com. Craft, to adopt Resolution No. 09-073, and; upon roll call, motion carried unanimously. IX. MANAGEMENT AND BUDGET Update regarding street lighting districts Consider staff recommendation to approve to leave the millage rates for the street lighting districts as proposed during the budget workshops. Staff would then work on concerting these districts from municipal service taxing units (MSTUs) to municipal service benefit units (MSBUs) for next year. This would fund these districts using special assessments instead of property tax millages, which would allow the cost of operating the street lights to be distributed based on the number of parcels instead of based on property value, thereby eliminating large fluctuations to individual homeowners from one year to the next. The Management and Budget Director advised the Board according to calculations, a $100,000 home is presently paying $35.34 annually. The increased amount would be $39.54 annually. At the present time, there is not sufficient time to convert from a MSTU to a MSBU. Rev. William Bradley, representing Sunland Gardens addressed the Board and advised them he had received notification this past Saturday and this did not give him ample time to reach the 800 residents of Sunland Gardens. The Chairperson advised Mr. Bradley the tentative budget public hearing was scheduled for September 10, 2009 and asked if he could provide the Board with the resident’s comments at that time. Com. Dzadovsky recommended possibly placing the listing of the lighting districts on SLCTV indicating those who have not contacted the county with their comments. No action taken. Unagendad items Com. Craft requested the Board ratify his appointment of Michelle Privano to the Tourist Development Council. It was moved by Com. Dzadovsky, seconded by Com. Coward to ratify the appointment of Michelle Privano to the Tourist Development Council, and; upon roll call, motion carried unanimously. Com. Craft addressed the huge gap of air traffic space not being controlled by Palm Beach International Airport. The Palm Beach air traffic controllers are concerned about the proposed consolidation of the area with Miami. Com. Dzadovsky questioned if this type of an investment could be done at our airport in Ft. Pierce. The Airport Director stated this would be a very expensive project; however she will investigate the possibility. Com. Grande addressed the Port St. Lucie 50 Anniversary Celebration funding gap and asked th local business participation to assist in closing the funding gap. 8 There being no further business to be brought before the Board, the meeting was adjourned. _____________________________ Chairman _____________________________ Clerk of the Circuit Court 9