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HomeMy WebLinkAboutBOCC Minutes 09-08-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 8, 2009 Convened: 9:00 a.m. Adjourned: 11:30 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Dzadovsky, Chris Craft ____________________________________________________________________________________________ Others Present: Faye Outlaw, County Administrator, Christopher Steers, Asst. County Administrator, Heather Young, Asst. County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Lauri Case, Utilities Director, Marie Gouin, OMB/Purchasing Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Leo Cordeiro, Solid Waste Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 1, 2009 meeting. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve the minutes of the meeting held September 1, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 09-249 – designating September 17, 2009 as Citizenship Day and the week of September 17 through September 23 as Constitution Week in St. Lucie County Florida. Consider staff recommendation to adopt Resolution No. 09-249 as drafted. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 09-249, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Resolution No. 09-254 proclaiming September 6, 2009 through September 11, 2009 as St. Lucie County Public Safety Memorial Week in St. Lucie County, Florida. Consider staff recommendation to adopt the attached Resolution No. 09-254 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve Resolution No. 09-254, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY Resolution No. 09-257 – Proclaiming the month of September 2009 as “Sickle Cell Awareness Month” in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 09-257 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 09-257, and; upon roll call, motion carried unanimously. D. Mr. & Mrs. Villanova presented the BOCC with a $500 check on behalf of their daughter Vanessa. Vanessa was chosen by Ford to participate in the Fiesta Movement program. V. GENERAL PUBLIC COMMENT Mr. Paul Scholl, area resident, addressed the Board regarding the August 20, 2009 Planning and Zoning meeting where the impact fee issue was addressed. He believed the issue was taken “hostage” by personal interest and questioned why the P & Z did not take action after such a lengthy discussion. He also addressed the cameras being placed above the traffic signals in Ft. Pierce and stated his opposition to these cameras. He believed the county should have had some input on the matter. Mr. Craig Mundt, member of the Planning and Zoning Board addressed Mr. Scholl’s concerns and stated the Board at the end of the discussion voted to send the issue to the Board of County Commissioners for their review and comments. Mr. Robert Cutaunt, area resident, addressed the Board regarding the cameras above the traffic signals and stated he felt this was being used as a “cash cow”. He believes there has not been enough time delay set on the caution lights and believes this is a money maker and not a safety issue. Mr. Paul Scholl, area resident addressed Mr. Mundt’s comments regarding the P & Z voting to send the impact fee study to the Board for their review. The Growth Management Director advised the Board and Mr. Scholl the P & Z Board had in fact moved to send it to the BOCC for their analysis and review. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A.WARRANTS Approve warrant list No. 49 The Board approved Warrant List No. 49. B.COUNTY ATTORNEY 1. Treasure Coast Sports Commission, Inc. – Fourth Amendment to February 13, 2001 Facilities Use Agreement for Office Space at Tradition Field The Board approved the proposed Fourth Amendment to the February 13, 2001 Facilities Use Agreement with Treasure Coast Sports Commission, Inc., and authorized the Chair to sign the amendment. 2. Authorization to enter into an Impact Fee Payment Agreement with Magmar Development for delinquent Impact Fees pursuant to Resolution No. 09-114. The Board approved the attached Impact Fee Payment Agreement with Magmar Development and authorized the Chairman to sign the Agreement as drafted by the County Attorney’s Office. 3. St. Lucie County Humane Society, Inc. – Fourth Amendment to October 1, 2006 Agreement for Animal Impoundment Services The Board approved the proposed Fourth Amendment to the October 1, 2006 Agreement with the St. Lucie County Humane Society, Inc., and authorized the Chair to sign the amendment. 4. Donation of Right-of-Way – Madison Vines, LLC – Madison Vines Apartments – 35 feet on Oleander Avenue and 15 feet on Tumblin Kling Road – Resolution No. 09-137. The Board accepted the Right-of-Way Dedication Deeds, authorized the Chair to sign Resolution No. 09-137 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 5. Resolution No. 09-262 amending Resolution No. 09-128 to correct a scrivener’s error The Board approved Resolution No. 09-262 amending Resolution No. 09-128 to correct a scrivener’s error, authorized the Chair to sign Resolution No. 09-262 and directed staff to record the Resolution in the Public Records of St. Lucie County, Florida. 6. Approve the purchase of one (1) laptop computer (already purchased) and one (1) computer scanner for the pretrial program. The computer is being used to track defendants on G.P.S., along with utilizing day to day criminal justice computer programs. The computer scanner will be used to assist the criminal justice programs in developing a paperless process. This will also help with the storage of mass amounts of court documents. The Board approved the purchase of one (1) laptop computer and one (1) computer scanner from the pretrial programs budget. These purchases will assist the criminal justice programs by using technology for document storage and tracking criminal defendants. The Board approved Budget Amendment (09-042), and the attached Equipment Request (EQ 09-046) (EQ 09-047) 7. Intermodal Transit Facility – Revised Interlocal Agreement with Fort Pierce Redevelopment Agency The Board approved the revised Interlocal Agreement with the Fort Pierce Redevelopment Agency for the Intermodal Transit Facility, and authorized the Chair to sign the Interlocal Agreement. C. ENVIRONMENTAL RESOURCES 1. Resolution No. 09-207, St. Lucie County ‘Greenprint’ and Mission Statement The Board approved Resolution No. 09-207 and the St. Lucie County ‘Greenprint’ per attachments A and B, and authorized the Chair to sign documents as approved by the County Attorney. 2. Cancel Contract with Just Cause Media The Board approved to cancel contract #C09-05-171 with Just Cause Media. 3. Landscaping Improvement Agreement with China Hart, Inc. for the Frito Lay Distribution Center. The Board approved the Landscaping Improvement Agreement with China Hart, Inc. for the Frito Lay Distribution Center. D. PARKS AND RECREATION 1. Budget Resolution 09-256, Children’s Services Council Summer Camp Grant Funds The Board approved Budget Resolution 09-256, allocating $16,593 in summer camp grant funds from the Children’s Services Council of St. Lucie County as outlined in the agenda memorandum and authorized the Chair to sign documents as approved by the County Attorney. 2. Tradition Field Ice Machine The Board approved Budget Amendment 09-040 and Equipment Request 09-045 for the purchase of an ice machine for Tradition Field as outlined in the agenda memorandum. E. AIRPORT 1. Federal Aviation Administration (FAA) grant offer and Budget Resolution No. 09-255, Runway Rehabilitation and Security Fencing The Board approved the acceptance of the FAA Grant Offer (Project Number 3-12-0023- 031-2009) in the amount of $2,113,078 for the Runway 10R/28L Runway Rehabilitation and Security Fencing projects, approved Budget Resolution No. 09-255, and authorized the Chair to sign documents as approved by the County Attorney. 2. Resolution No. 09-258, Florida Department of Transportation (FDOT) Joint Participation Agreement, Runway Rehabilitation The Board approved Resolution No. 09-258 accepting the FDOT Joint Participation Agreement in the amount of $89,648 for the Runway Rehabilitation project, and authorized the Chair to sign documents as approved by the County Attorney. E. AIRPORT CONTINUED 3. Resolution No. 09-259, Florida Department Transportation (FDOT) Joint Participation Agreement, Security Fencing The Board approved Resolution No. 09-259 accepting the FDOT Joint Participation Agreement in the amount of $2,640 for the Security Fencing project, and authorized the Chair to sign the document as approved by the County Attorney. F. ADMINISTRATION Value Adjustment Board Budget Amendment for Professional Services The Board approved Budget Amendment 09-041 transferring $30,000 from Contingency (001- 9910-599100-800) to Value Adjustment Board Professional Services (001-1325-531000-100). G. CENTRAL SERVICES Contract for elevator repair and maintenance services for County facilities The Board approved entering into contract with General Elevator Sales & Service for elevator repair and maintenance services for County facilities in the combined annual contract amount of $30,132, and authorized the Chair to sign the documents as approved by the County Attorney. H. COMMUNITY SERVICES 1. Resolution 09-243 supporting the elimination of the cap on State and Local Housing Trust Funds The Board approved Resolution 09-243, and authorized the Chair to sign the resolution as approved by the County Attorney. 2. Federal Transit Administration (FTA) 5307 American Recovery and Reinvestment Act (ARRA) 2009 Grant. The Board approved acceptance of FTA 5307 ARRA grant, FL 96-X025 in the amount of $1,957,183 and Budget Resolution 09-264; authorized the Chair to sign documents as approved by the County Attorney. 3. Federal Transit Administration (FTA) 5316 Job Access Reverse Commute (JARC) Grant The Board approved acceptance of the FTA 5316 FL 37-X041 and Budget Resolution 09- 265; approved the agreement with the ARC of St. Lucie County, Inc.; authorized the Chair to sign documents as approved by the County Attorney. 4. Federal Transit Administration (FTA) 5317 New Freedom The Board approved acceptance of FTA 5317, New Freedom FL 57-X016-02 and Budget Resolution 09-266; agreement with the Council on Aging of St. Lucie County Inc; and authorized the Chair to sign documents as approved by the County Attorney. H. COMMUNITY SERVICES CONTINUED 5. Approval of Regional Transit Development Plan (RTDP) The Board approved the ten year RTDP 2009/10-2018/19. 6. Community Services Block Grant Equipment Request EQ09-048 The Board approved Equipment Request EQ09-048 and authorized the Chair to sign documents as approved by the County Attorney. I. GROWTH MANAGEMENT Road Impact Fee Credit Agreement 09-003 – Madison Vines, LLC The Board approved Road Impact Fee Credit Agreement 09-003 and authorized the Chair to sign the Agreement as outlined in the agenda memorandum. J. TRANSPORTATION PLANNING ORGANIZATION Budget Amendment 09-037; Equipment Request 09-044 for computer station The Board approved budget amendment 09-037 and equipment request 09-044 to purchase computer station. K. SOLID WASTE Board approval of Contract with CPL Systems, Inc. to perform operations and maintenance services on the landfill gas processing equipment for a monthly fixed fee of $7,200. All cost incurred under this Contract will be shared 50/50 as outlined in the existing contract between St. Lucie County and Tropicana. The Board approved the Contract with CPL Systems, Inc. for a monthly fixed fee of $7,200 and authorized the Chair to sign the Contract as approved by the County Attorney. L. MANAGEMENT AND BUDGET 1. Bid No. 09-0159, Pre-Qualification of Fencing Contractors The Board approved awarding Bid No. 09-059, Pre-Qualification of Fencing Contractors, to A Great Fence, LLC of Port St. Lucie, Adron Fence Company of Okeechobee, Reel Fence, Incorporated of Hobe Sound, Stuart Fence Company, Incorporated of Stuart, and Tropic Fence Incorporated of Pompano Beach and authorized the Chair to sign documents as approved by the County Attorney. 2. Bid No. 09-054, Street Resurfacing The Board approved awarding Bid No. 09-054, Street Resurfacing, to Dickerson Florida, Incorporated of Fort Pierce and authorized the Chair to sign documents as approved by the County Attorney. 3. Bid No. 09-062, Purchase of Asphalt The Board approved awarding Bid No. 09-062, Purchase of Asphalt, to Ranger Construction of Fort Pierce and authorized for the Chair to sign documents as approved by the County Attorney. L. MANAGEMENT AND BUDGET CONTINUED 4. RFP No. 09-034, Platt’s Creek Mitigation Bank Permit Development, Operation and Alternative Proposal The Board approved rejecting the sole proposal received for RFP No. 09-034, Platt’s Creek Mitigation Bank Permit Development, Operation and Alternative Proposal, and permission to re-advertise at a later date when the economy improves. 5. Amendment to Contract for Aquatic Vegetation Control Services The Board approved the Fifth Amendment to Contract No. C07-12-695 with Aquagenix, adding the Kitterman Road retention pond and increasing coverage for the Saeger Avenue retention pond, and authorized the Chair to sign documents as approved by the County Attorney. 6. Amendment to Contract for Courier Services The Board approved the second amendment to Contract No. C07-09-482 with Treasure Coast Courier Service, Inc extending the contract through September 30, 2010, and authorized the Chair to sign documents as approved by the County Attorney. 7. Amendment to Contract for Mowing Services for Subdivision #3 The Board approved the second amendment to Contract No. 05-09-528 with Treasure Coast Lawns, Inc. extending the contract through September 30, 2010, and authorized the Chair to sign documents as approved by the County Attorney. 8. Amendment to Contract for Mowing Services for Median and Right-of-Way The Board approved of the third amendment to Contract No. 05-10-527 with Treasure Coast Lawns, Inc. adding the mowing of the Entrada Avenue median and extending the contract through September 30, 2010, and authorized for the Chair to sign documents as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. PUBLIC WORKS Solid Waste – Final Assessment Resolution Consider staff recommendation to adopt Resolution No. 09-245, the Solid Waste Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. Mr. Robert Cutaunt, Indian River Estates resident, addressed the Board in opposition to the Increase in the assessment. Mr. Cutaunt questioned who would be receiving the increase. Mr. Clarence Abraham, Acreage resident, addressed the Board in opposition to the increase and requested the Board go back to the drawing board and continue this item. Ms. Francine Applebee, Lakewood Park resident, addressed the Board in opposition to the increase and stated she would prefer to have reduced service than an increase. Mr. Loeffer, unincorporated area resident, addressed the Board in opposition to the increase and stated many residents used only one container for trash and also addressed the yard waste pick up. Mr. Paul Scholl, Indian River Estates resident, addressed the Board in favor of the increase and stated he believed the cost is reasonable and is in favor of mandatory collection and the fact it has been placed on the tax notice. Mr. Rodney Kaufman, Lakewood Park resident, addressed the Board in opposition to the increase and believes the service is below average. Mr. Jeff Minor, area resident, addressed the Board in opposition to the increase and stated he does not need to have his trash collected twice a week and would prefer a reduction in the price. Mr. Robert Cutaunt, Indian River Estates resident requested the Board re-bid the the contract. Mr. Ron Matthews, area resident, addressed the Board in opposition to the increase and stated the continued increase in taxes and cost will increase the number of residents leaving the county. Ms. Katherine Ives, area resident, addressed the Board in opposition to the increase in the assessment, the increase in the utility costs and the registration of motor vehicles. Mr. Clarence Abraham area resident questioned how many residents would be affected. The Assistant Solid Waste Director advised Mr. Abraham approximately 19,400. He advised the Board and the residents the increase would be a total of $6.77 per month bringing the cost to $21.00 which is still lower than any other entity in the Treasure Coast area. The County Administrator advised the Board this item had been continued twice before and staff was directed to go back and review the figures. She stated staff had given the Board assurance they were operating on a lean budget and they could not cut costs any further and operate the landfill. Com. Dzadovsky expressed his concerns with going out to re-bid the contract and the bid coming in higher than what has been presented. Chairperson Lewis advised the residents the Board cannot negotiate contracts under the Sunshine Law. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 09-245, the Solid Waste Final Assessment Resolution, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. GROWTH MANAGEMENT Western Lands Study Consider staff recommendation to approve the project scope, budget and interlocal agreement with the University of Florida to perform the Western Lands Study. Com. Grande advised the Board and those present the terms of the study were not acceptable to him for the reasons he had previously stated at prior meetings those being, the sending and receiving areas, over complicating the transfer of development rights that is possibly beyond anything that would be manageable and practical and the concept of credits for conservation which is unworkable. He would not be supporting this study. Com. Dzadovsky stated he was confused by Com. Grande’s comments and stated until they can have a process and study of what has worked and what has failed and placed them into the confines of SLC and the issues we face, placing them there and not here does not mean they would not work. He expressed his concern with not taking the step and continuing what is presently happening which is not acceptable to the landowners. He believes they need to review all the material and request the team obtain input from the property owners. Com. Grande stated he agrees they need to do something, however when you look at the specifics and the western lands, there have been studies and they have failed. He has not seen a change in the scope and believes you should not complicate the transfer of development rights because when you do, they fail. He believes they have one chance to do this right. He believes the outline is too broad. Com. Coward stated he disagreed with Com. Grande and believes the do nothing option would produce the same result as in South and Central Florida. He believes they should look at the basic goals and the four listed items as follows: 1.Promote and enhance property values 2.Promote smart growth 3.Foster continued agriculture production 4.Ensure cost effective provisions of local government services through fiscal analysis Com. Coward stated pre-judging the outcome before taking the first step was the problem Com. Grande found with the TVC. He believes they need to take the first step and keep an open mind. Com. Grande stated that he agreed doing nothing was not a good option and recommended an investigation be done to show and include all of the things that could possibly happen. Com. Coward stated he served on the Sustainability Committee and it was his idea. He believes this document does not pre-judge every strategy it puts out important goals and identifies issues. He believes they need to take the first step, keep an open mind and listen to their constituents. Com. Craft stated the TDR experts know they are looking at the options that will not work and he believes they will bring it forth for public discussion. Com. Dzadovksy stated the discussions he has had with the property owners they have indicated they would like to increase their values. The process they are about to embark is going to give the county the opportunity to bring in the landowners and let them have their say. Com. Grande stated more than 50% of the programs have failed, however the generally accepted number is 95%. He is not suggesting they should not be looking at the TDR’s but suggesting they cannot make the western lands work without the TDR’s. He would expect that Mr. Daniels would make the recommendations he made to him privately public. His objection to move forward today was those statements were not reflected in the outline presented today. He would support this issue today assuming Mr. Daniels will bring forth the knowledge he has and will share it with him and make the presentations at the meeting. Com. Lewis stated they do not want to pre-judge the strategies; she has been in favor and believes they need experts to tell them what will and will not work. It was moved by Com. Craft, seconded by Com. Coward to approve the Western Lands Study, and; upon roll call, motion carried unanimously. IX. COUNTY ATTORNEY St. Lucie County Intermodal Transfer Facility – Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. Consider staff recommendation to approve the Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. and authorize the Chair to sign the Agreement. Com. Coward requested a copy of the companies on the rotation list. The Asst. County Attorney advised the Board she would provide the list and bring this item back to the Board. No action taken. There being no further business to be brought before the Board, the meeting was adjourned. ___________________________ Chairman ____________________________ Clerk of the Circuit Courtfff1