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HomeMy WebLinkAboutBOCC Minutes 07-14-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 14, 2009 Convened: 9:00 a.m. Adjourned: 11:05 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, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Marie Gouin, OMB/Purchasing Director, Jim David, Mosquito Control Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Leo Cordeiro, Solid Waste Director, Mike Powley, County Engineer, Richard Bouchard, Erosion Manager, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the July 7, 2009 meeting. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve the minutes from the meeting held July 7, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. Resolution No. 09-187 proclaiming August 9, 2009, as "Smokey Bear Day" in St. Lucie County, Florida. Consider staff recommendation to adopt the attached Resolution No. 09-187 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 09-187, and; upon roll call, motion carried unanimously. B. A presentation was made by Richard Bouchard of the CBRA System Digital Mapping Project Corn. Dzadovsky stated his concern with FEMA not coming into assist should the county not have enough funds in their emergency reserves to cover all costs associated with another disaster. Corn. Grande stated he was hesitant to accept their classification and whatever can be done to exclude the area from the CBRA zone should be done. The Erosion Manager advised the Board it would take an act of Congress for this to be changed. Corn. Grande recommended working directly with Fish and Wildlife and request they remove this area from the CBRA zone since it is already under development. Mr. Bill Blazak, Culpepper and Terpening addressed the Board regarding the Harbor Town property owners who he is representing. He stated there is a limit as to what can be done and recommended a meeting be scheduled with Mr. Rooney to discuss this issue. He stated they have the deed for the submerged lands and now they are drawing the line. He believes this issue is critical. 1 A pry ~ _ e; x~ aihagem~n~ The Growth Management Director reviewed the attached power point. Com. Dzadovsky recommended the Board pass a Resolution in support of those who are legally challenging SB 360. Com. Grande recommended joining in the suit or at least commit the $2,500 cost to let them know the county is supportive of their challenge. Com. Coward recommended working with the cities in drafting and interiocal stating they will not be implementing these new rules. Com. Dzadovsky stated he felt investing the $2,500 would be in the best interest of all those concerned and requested a consensus today as to whether or not they should join the legal challenge. Com. Lewis stated she would prefer to investigate the legal aspect of the matter and look into SB 360 more in depth before moving forward with such a decision. The County Attorney advised the Board he had drafted two Resolutions and would like to have the opportunity to speak to the Board members and then corn back to the Board on Friday for approval if necessary. V. GENERAL PUBLIC COMMENT Ms. Terri Branborg, Garden City Early Learning Academy/Kids at Hope program presented Com. Dzadovsky with a token of appreciation for all of his support with the program. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the Consent Agenda with item 6-D 1 pulled for separate vote, and; upon roll call, motion carried unanimously. D. COMMUNITY SERVICES 1. Construction Contractor Pre-Qualification Award for participation in the Neighborhood Stabilization Program Com. Dzadovsky advised the Board he would abstain from voting on this issue due to a possible conflict. It was moved by Com. Grande, seconded by Com. Coward, to approve awarding of RFQ 09-037 to the top three ranked firms, and authorized the Chairman to sign the contracts as approved by the County Attomey, motion carried unanimously with Com. Dzadovsky abstaining. A. WARRANTS Approve warrant list No. 41 The Board approved Warrant List No. 41. B. COUNTY ATTORNEY 1. Revocable License Agreement -MasTec North America, Inc. -Totten Road The Board approved the Revocable License Agreement with MasTec North America, Inc., authorized the Chair to execute the Agreement and directed MasTec North America, Inc. to record the Agreement in the Public Records of St. Lucie County, Florida. 2. Authorization to enter into an Impact Fee Payment Agreement with Clarence and Pauline Gauck for delinquent Impact Fees pursuant to Resolution No. 09-114. 2 The Board approved the attached Impact Fee Payment Agreement with Clarence and Pauline Gauck and signed the Agreement as drafted by the County Attorney's Office. B. COUNTY ATTORNEY CONTINUED 3. Certificate of Participation for the Byrne Memorial .Justice Assistance Grant (JAG) Program for FY2009/2010 from the Florida Department of Law Enforcement in the amount of $214,095.00. The Board approved the County's participation as the coordinating unit of government in the FDLE Edward Byme Memorial Justice Assistance Grant (JAG) Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency (F.P.P.D., P.S.L.D., and S.L. S.O.) 4. Permission to Advertise -Resolution No. 09-154 and Exchange Agreement with the City of Fort Pierce for Jetty Park/Lawnwood Park Parcels The Board granted permission to advertise a notice of public hearing on August 18, 2009 for the proposed exchange as required by Section 125.37, Florida Statutes. C. PARKS AND RECREATION 1. MLK Dreamland Park improvements The Board approved to reallocate $315,878.60 for site improvements and construction of a new restroom at MLK Dreamland Park as outlined in the agenda memorandum. 2. Summerlin Boat Dock The Board approved the contract in the amount of $33,480 with Wilco Construction, Inc. of Fort Pierce for installation of floating docks at the Summerlin Boat Dock as outlined on the agenda memorandum, and authorized the Chair to sign documents as approved by the County Attomey. 3. South County Regional Stadium Contract Amendment The Board approved the First Amendment to Contract #C08-12-608 with Ocean Gate General Contractors, Inc. reducing the contract by $262,645.40 to allow the County to direct purchase bleachers and press box for South County Regional Stadium as outlined in the agenda memorandum, and authorized the Chair to sign documents as approved by the County Attomey. 4. St. Lucie County Fairgrounds drainage improvements The Board approved the contract with Florida Golf Services of Fort Pierce in the amount of $43,869 for drainage improvements to the 52-acre FEMA trailer site at the St. Lucie County Fairgrounds as outlined on the agenda memorandum, and authorized the Chair to sign documents as approved by the County Attomey. D. COMMUNITY SERVICES 1. Construction Contractor Pre-Qualification Award for participation in the Neighborhood Stabilization Program This item was pulled for separate vote. D. COMMUNITY SERVICES CONTINUED 2. Small Cities Community Development Block Grant (CDBG) Grant Administration Bid Award 3 The Board approved to award RFP 09-039 to the top ranked firm, Meridian Community Services Group, Inc., and authorized the Chair to sign the contract as approved by the County Attomey. 3. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Agreement Modification The Board approved Modification Number Three to St. Lucie County CDBG DRI Supplemental Grant Agreement 08-DB-D3-10-66-01-A05, and authorized the Chair to sign the modification as approved by the County Attomey. 4. Quarterly Allocation of Funds from the State Housing Initiative Partnership (SHIP) State FY09 The Board approved Budget Resolution 09-185 to budget funds from the SHIP FY09 fourth quarter allocation, and authorized the Chair to sign the resolution as approved by the County Attomey. 5. Amendment to State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (CHAP) The Board adopted Resolution Number 09-201 amending the St. Lucie County SHIP CHAP, and authorized the Chair to sign the resolution as approved by the County Attomey. 6. Budgeting and Allocation of the Florida Homebuyer Opportunity Program Funds through State Housing Initiative Partnership (SHIP) State FY10 The Board approved Budget Resolution 09-186 to budget funds from the SHIP FY10 allocation, and authorized the Chair to sign the resolution as approved by the County Attomey. 7. Distribution of Hurricane Housing Recovery Program (HHRP) Funds The Board approved Budget RPSOlution 09-200, and authorized the Chair to sign the resolution as approved by the County Attomey. 8. Grant Amendment with Mustard Seed Ministries of Fort Pierce, Inc. The Board accepted the Second Amendment to Grant Agreement C09-09-080 between St. Lucie County and Mustard Seed Ministries of Fort Pierce, Inc. and authorized the Chair to sign the agreement as approved by the County Attomey. 9. Cancellation of Bid Award for Homebuyer Education and Housing Counseling Services The Board approved the canceling of the award of RFP 09-027 to the Budding Affordable Communities and Housing Foundation (BACH Foundation), and award to the second ranked firm, Consumer Credit Management Services (CCMS), and authorized the Chair to sign the necessary documents as approved by the County Attomey. D. COMMUNITY SERVICES CONTINUED 10. First Amendment to Grant Agreements with Sunrise City Community Housing Development Organization The Board approved the First Amendment to the Grant Agreements with Sunrise City Community Housing Development Organization, and authorized the Chair to sign the amendments as approved by the County Attomey. 11. Environmental Protection Agency (EPA) Climate Showcase Communities Grant Application Submittal The Board approved submitting an application for the EPA Climate Showcase Communities grant, and authorized the Chair to sign documents as approved by the County Attomey. 4 12. Acceptance of the Community Services Block Grant (CSBG) American Recovery and Reinvestment Act (ARRA) Agreement The Board approved the agreement with the Florida Department of Community Affairs for the acceptance of the CSBGIARRA funds in the amount of $468,735; approved Budget Resolution 09-203; and authorized the Chair to sign documents pending approval by the County Attomey. E. MANAGEMENT AND BUDGET 1. Purchasing Division -Amendment to the contract for non-clerical temporary personnel services The Board approved the first amendment to contract C06-03-217 with Manpower Staffing amending the payment paragraph and extending the contract through September 30, 2010 and authorized the Chair to sign the documents as approved by the County Attomey. 2. Purchasing Division -Amendment to the contract for snack vending machine services The Board approved the first amendment to contract C06-09-541 with DiLoreto & Sons, Inc. allowing the assignment of contract to Vending Americas, Inc., extending the contract through September 30, 2010, and authorized the Chair to sign documents as approved by the County Attomey. 3. Purchasing Division -Request for Qualifications (RFQ) No. 09-045, Financial Advisor for the St. Lucie County Board of County Commissioners The Board approved the short-listed firm for Financial Advisor for the St. Lucie County Board of County Commissioners and granted permission to: 1. Waive oral presentations for RFQ No. 09-045; 2. Award RFQ No. 09-045to the top ranked firm; 3. Conduct contract negotiations with the top ranked firm; 4. If negotiations are successful, authorized the Chair to sign the documents as prepared by the County Attomey. F. GRANTS/CULTURAL AFFAIRS 1. Amendment to the Art in Public Places Annual Plan Consider staff recommendation to approve of the Art in Public Places Annual Plan 2. Art in Public Places Budget Amendment and Equipment Requests Consider staff recommendation to approve Budget Amendment BA 09-029 and Equipment Requests EQ 09-36, EQ 09-37 and EQ 09-38 3. Local match for a Florida Inland Navigation District grant for Little Mud Creek Boat ramp project. The Board approved using $47,500 of local FBIP Reserve as match for a FIND grant for the Little Mud Creek Park boat ramp project. G. PUBLIC WORKS 1. Verada Ditch Improvements - Lucero Drive Culvert Replacement The Board approved Change Order No.1 in the amount of $19,000.00. 2. Verada Ditch Improvements South of Calmoso Drive The Board approved Change Order No. 2 in the amount of $15,100.00. H. PUBLIC SAFETY 5 1. Resolution No. 09-199 County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) Federal match portion. The Board approved Budget Resolution No. 09-199 accepting the additional $70,009.00 and authorized the chair to sign documents as approved by the County Attomey. 2. Purchase of Network Attached Storage (NAS) Server for the 911 Center The Board approved the purchase of Network Attached Storage (NAS) Server for the 911 Center in the amount of $12,578.00 and approved Equipment Request No. 09-039. I. AIRPORT 1. Budget Resolution No. 09-202, Terminal Renovations The Board approved Budget Resolution No. 09-202 establishing the fund for the design of the terminal renovations project totaling $100,000 with a 50% FDOT grant ($50,000) and the 50% local share ($50,000) and authorized the Chair to sign the document as approved by the County Attomey. I. AIRPORT CONTINUED 2. Approval of Roof Replacement i;ontract for Phoenix Metal Products The Board authorized entering into a contract with R.K. Davis Construction in the amount of $36,698.00 and authorized the Chair to sign the document as approved by the County Attomey. 3. LPA Work Authorization No. 22, Terminal Renovation Design The Board approved the LPA Group Work Authorization No. 22 to design the terminal renovations and airport office addition for a lump sum amount of $78,288 and authorized the Chair to sign the document as approved by the County Attomey. J. SOLID WASTE Award Bid #09-048 -Transportation and disposal of Landfill leachate The Board approved awarding bid # 09-048 to low bidder, Aqua Clean Environmental Co., Inc., and authorized the Chair to sign contract documents as approved by the County Attomey. K. LIBRARY St. Lucie West Library annual payment request The Board approved the expenditures for Contracted Services to Indian River State College for library services at St. Lucie West Library for 2008/09 in the amount of $150,197. L. UTILITIES St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2007/2008. The Board approved Resolution No. 09-152 ratifying and accepting the Fiscal Year 2007/2008 St. Lucie County Water and Sewer District Annual Comprehensive Report. M. ADMINISTRATION Economic Development Council Third Quarter Invoice 6 The Board approved accepting the Third Quarter Report from EDC as fulfilling the requirements of the Contract and authorized disbursing payment in the amount of $62,500 towards the matching grant. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for July 14, 2009. REGULAR AGENDA VIII. COUNTY ATTORNEY Contracts for Sale and Purchase -Midway Road Improvement Project - Ravinia Investments, LLC- Portion of Parcel3403-502-0200-000/9 Consider staff recommendation to approve the Contract for Sale and Purchase from Ravinia Investments, LLC, authorize the Chair to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously (Com. Grande was not present when the vote was taken). IX. MANAGEMENT AND BUDGET An Administrative Hearing for Felix Associates -Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements Consider staff recommendation to deny the protest of Felix Associates for Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements. Mr. Mike Stem, attorney for Felix Associates, addressed the Board regarding the protest and stated his client; Felix Associates was the lowest responsive and responsible bidder. He advised the Board his client had met and exceeds the entire requirement as stated in the Local Preference Ordinance No. 09-008. He also addressed the addendum regarding the requirement of the calendar days of 150. Com. Coward alluded to the letter from Felix Associates dated July 6, 2009 and stated there are reasons noted as to why H & J the low bidder should be omitted. Mr. Stem advised the Board his client has acknowledged the requirement of the calendar days. The County Attomey stated staff is recommending rejection of the bid and not to award the bid. The re-bid will clarify that the project is related to a federally funded project and that the intersection improvement has to be done first. This will give them the opportunity to clarify the bid document as well. The County Engineer stated they had advised the bidders they had to meet a 150 day requirement. They need the bidders to be aware of this requirement. Mr. Stem stated they believe there is no ambiguity as to the 150 day requirement as stated in the bid document. The County Attomey stated he disagreed and felt the Board had the desecration since they were only revising the document and this allows the county to reject all bids. Corn. Dzadovsky expressed his concern and stated they needed to be very careful as to how our bid documents are sent out and wished to follow staff recommendation. It was moved by Com. Dzadovsky to approve staff recommendation to deny the protest, at this time the gavel was passed to the Vice Chairman and the item was seconded by Com. Lewis, Chairperson; Corn. Coward stated he believes the low bidder is artificially low and there are some strong arguments, it was non responsive. He believed bid 3 and 4 are highly competitive and there are legitimate reasons why the low bidder should be omitted at non-responsive. 7 Com. Lewis stated she tends to agree with staff and asked if they were to rebid would they have to go back and correct the issue due to the fact it is part of the economic stimulus ordinance. The County Attomey stated they could do the correction by Resolution. Com. Craft questioned the time line if they were to re-bid the project. The County Attomey addressed Com. Craft's question. Com. Coward stated the calendar days were spelled out the contract and felt the lowest bidder H.J. did not meet the threshold of the time frame needed for the project. Mr. Stem stated his client signed and acknowledged the time frame as calendar days as required legally. Com. Coward stated due to all that has been reviewed, he is having a problem going with the recommendation. The County Attomey stated if the recommendation was not approved, they would need to notify all the bidders to provide them with the ability to file a protest. Upon roll call, the vote was as follows; Nays: Coward, Grande, Craft; Aye's: Lewis, Dzadovsky; motion denied by a vote of 3 to 2. X. MANAGEMENT AND BUDGET Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements Consider staff recommendation to approve to reject all bids and approval to re-advertise in accordance with the Local Preference Ordinance No. 09-005. This item was pulled due to the denial of item number 9. Unagendad item: The Chairperson alluded to the letter received from the City of Ft. Pierce addressed to Mr. Ben DeVries, Executive Director of the TCERDA where the City Commission had recommended Mr. Thomas K. Perona and Mr. Stefan K. Matthes as candidates for appointment to the TCERDA Board to represent the City of Ft. Pierce. Mr. Matthes sent a letter to the County Attorney where he questioned if his appointment to the TCERDA Board would present a conflict of interest with respect to Culpepper and Terpening, Inc. ability to pursue, and obtain work for and within the Park, or could he simply recues himself from Board action for any issues involving Culpepper and Terpening, Inc. In response to his question, the County Attorney stated he believed that Section 112.313(3)and (7) Florida Statutes would prohibit his firm from contracting with the Authority (after the date of your appointment with the Board) to perform work on behalf of the Authority, regardless of whether or not you voted on the contract. The Chairperson recommended ratifying the appoi~~rtment of Mr. Perona and deciding on Mr. Matthes' appointment on Friday. 8 It was moved by Com. Coward, seconded by Com. Craft, to approve the appointment of Mr. Thomas Perona to the TCERDA Board, 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 9