HomeMy WebLinkAboutBOCC Minutes 04-13-2010
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: April 13, 2010 Convened: 9:00 a.m.
Adjourned:10:35 a.m.
Commissioners Present: Charles Grande, Chairman, Chris Dzadovsky, Chris Craft, Doug Coward, Paula A.
Lewis
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan
McIntyre, County Attorney, Mark Satterlee, Growth Management Director, Jim David, Mosquito Control
Director, Debra Brisson, Parks and Rec. Director, Lauri Case, Utilities Director, Beth Ryder, Community
Services Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the April 6, 2010 meeting.
It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held April 6,
2010, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 10-077 – Declaring April 19, 2010 as “Patriot’s Day”
Consider staff recommendation to approve to adopt Resolution No. 10-077 as drafted.
It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-077,
and; upon roll call motion carried unanimously.
B. COUNTY ATTORNEY
Resolution No. 10-090 – Proclaiming April 18, 2010 through April 24, 2010 as “Crime Victims’
Rights Week”.
Consider staff recommendation to approve to adopt Resolution No. 10-090 as drafted.
It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 10-090, and;
upon roll call, motion carried unanimously.
C. COUNTY ATTORNEY
Resolution No. 10-121 – Declaring the week of April 18, 2010 through April 24, 2010 as “Volunteer
Appreciation Week” in St. Lucie County
Consider staff recommendation to adopt the attached Resolution No. 10-121 as drafted.
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It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 10-121,
and; upon roll call, motion carried unanimously.
D. PULLED PRIOR TO MEETING
Presentation by Tom Colucci, Treasure Coast Sports Commission
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the Consent Agenda with items E-
1 and E-3 pulled and placed as a regular agenda item, and; upon roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No. 28
The Board approved Warrant List No. 28.
B. COUNTY ATTORNEY
1. First Amendment to Impact Fee Payment Agreement with Violet Trajcevska and Zoran
Bezanoski for delinquent Impact Fees pursuant to Resolution No. 09-114.
The Board approved the First Amendment to Impact Fee Payment Agreement with Violet
Trajcevska and Zoran Bezanoski and sign the Agreement as drafted by the County
Attorney’s Office.
2. Bear Point Mitigation Bank – Credit Reservation Agreement with Sands End
Development, L.L.C.
The Board approved the proposed Bear Point Mitigation Bank Credit Reservation
Agreement with Sands End Development, L.L.C., and authorized the Chairman to sign the
agreement.
3. Permission to Advertise – Ordinance No. 10-021 – Pain Management Clinics
The Board approved advertising proposed Ordinance No. 10-021 for public hearing before
the Local Planning Agency on May 20, 2010, and the Board of County Commissioners on
June 1, 2010, and June 15, 2010, at 6:00 p.m. or as soon thereafter as may be heard.
4. Authorization to enter into an Impact Fee Payment Agreement with Edward & Aleen Bryan
for delinquent Impact Fees pursuant to Resolution No. 09-114.
The Board approved the Impact Fee Payment Agreement with Edward and Aleen Bryan
and sign the Agreement as drafted by the County Attorney’s Office.
5. Easement Deed to City of Fort Pierce – Sidewalk and Parking Easement for the
Intermodal Transfer Facility – Avenue D and North 8 Street
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The Board approved the Easement Deed, authorized the Chairman to sign the Easement
Deed and directed staff to record the Easement Deed in the Public Records of St. Lucie
County, Florida.
6. Health Department Lease
The Board approved the lease for the Health Department’s HIV Division as reviewed by
the County Attorney.
7. Request to have the Board approve amendments to the Contractual Rate Agreement
between the St. Lucie County Drug Screening Lab and United for Families.
The Board approved Amendment No. 2 and No. 3 which provides that St. Lucie County
has adequate liability insurance in accordance with F.S. 768.28(2), and that the Lab is in
compliance with the Americans with Disabilities Act of 1990.
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8. Termination of Road Improvement Agreement with Lennar Homes, Inc. for Madera Isles,
release of Lennar’s Letter of Credit, Acceptance of New Road Improvement Agreement
and Security from FVP Miami Lakes, LLC
The Board approved the termination of the Road Improvement Agreement with Lennar
Homes, Inc., for Madera Islea, released Lennar’s Letter of Credit, Accepted the New Road
Improvement Agreement and Security from FVP Miami Lakes, LLC.
B. COUNTY ATTORNEY CONTINUED
9. Naming Rights Agreement with Tradition Development Company, L.L.C. – Permission to
Sue
The Board granted the County Attorney permission to sue Tradition for damages as a
result of Tradition’s payment default.
C. MANAGEMENT AND BUDGET
1. Bid No. 10-019, Purchase of Concrete and Metal Culvert Pipe
The Board approved awarding Bid No. 10-019, purchase of concrete and metal culvert
pipe, to Contech Construction Products, Incorporated of Fort Pierce and authorized the
Chairman to sign documents as approved by the County Attorney.
2. Invitation to Bid for Purchase of Baling Wire
The Board approved advertising an Invitation to Bid for Purchase of Baling Wire.
3. Amendment to Contract for the Purchase of Shell Rock Material and FDOT Base Coquina
Rock
The Board approved the second amendment to Contract No. C08-06-263 with Stewart
Mining Industries, Inc. extending the term through June 30, 2011, and authorized the
Chairman to sign documents as approved by the County Attorney.
4. Invitation to Bid for Scrap Tire Processing and Disposal
The Board approved advertising an Invitation to Bid for scrap tire processing and disposal.
5. Fixed asset inventory-property record removal
The Board approved removing fixed assets, as listed on the Property Disposition Forms,
from the capital inventory of the St. Lucie County Tax Collector’s Office.
6. Fixed asset inventory-property record removal
The Board approved removing fixed assets, as listed on the attached Property Disposition
Forms, from the capital asset inventory of the St. Lucie County Health Department.
7. Fixed Asset Inventory-Property Record Removal
The Board approved removing fixed assets, as listed on the attached Property Disposition
Forms, from the capital asset inventory of various departments of St. Lucie County Board
of County Commissioners.
C. MANAGEMENT AND BUDGET CONTINUED
8. Amendment to Contract for Generator Preventive Maintenance Service, Inspections and
Load Bank Testing
The Board approved the twelfth amendment to Contract No. C05-08-485 with Genset
Services, Inc., adding generators located at four EOC towers, and authorized the
Chairman to sign documents as approved by the County Attorney.
9. Amendment to Contract for Concession Services for Lawnwood Sports Complex and
Lakewood Regional Park
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The Board approved the third amendment to Contract No. C06-04-447 with Jimmy Kemp
and Domenick Collura extending the term through May 15, 2012, and authorized the
Chairman to sign documents as approved by the County Attorney.
10. Amendment to Contracts for the Rental of Construction and Industrial Equipment
The Board approved the first amendment to the nine contracts identified in the agenda
memorandum, extending the term through July 7, 2011, and authorized the Chairman to
sign documents as approved by the County Attorney.
D. PLANNING & DEVELOPMENT SERVICES
1. Taxiway C Rehabilitation Project
The Board approved AECOM Work Authorization No. 12 for professional engineering
services for the Taxiway C Rehabilitation Project at the St. Lucie County International
Airport, for a lump sum amount of $237,497, and authorized the Chairman to sign the
document as approved by the County Attorney.
2. Taxiway A&B Rehabilitation Project
The Board approved PBS&J Work Authorization No. 9 for professional engineering
services for the Taxiway A&B Rehabilitation Project at the St. Lucie County International
Airport, for a lump sum amount of $386,729, and authorized the Chairman to sign the
document as approved by the County Attorney.
3. Resolution No. 10-118 Florida Power & Light Utilities Relocation Reimbursement
The Board approved Resolution No. 10-118 accepting the FDOT Joint Participation
Agreement in the amount of $5,132 for the Florida Power & Light Utilities Relocation
Reimbursement and authorized the Chairman to sign documents as approved by the
County Attorney.
E. HOUSING & COMMUNITY SERVICES
This item was placed at the end of the regular agenda.
E. HOUSING & COMMUNITY SERVICES CONTINUED
2. Equipment Request
The Board approved Equipment Request No. 10-025 and authorized the Chairman to sign
documents as approved by the County Attorney.
3. State Housing Initiative Partnership Program (SHIP) Local Housing Assistance Plan
(LHAP)
This item was placed at the end of the regular agenda.
4. Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI)
Housing Rehabilitation/Replacement Bids
The Board approved the bid awards for six replacement housing projects under the St.
Lucie County CDBG DRI Grants, and authorized the Chairman to sign documents as
approved by the County Attorney.
F. HUMAN RESOURCES
Prison Health Services Inmate HIV Medications Invoice for February, 2010.
The Board approved the payment of Prison Health Services invoice number PHS0007382 for HIV
medications for the period of February 01, 2010 through February 28, 2010, in the amount of
$29,967.90.
G. ADMINISTRATION
Economic Development Council Second Quarter Invoice
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The Board approved acceptance of the Second Quarter Report from EDC as fulfilling the
requirements of the Contract and authorized the disbursing of payment in the amount of $62,500
towards the matching grant.
H. ST. LUCIE TRANSPORTATION PLANNING ORGANIZATION
Resolution No. 10-094, Budget Amendment
The Board approved Budget Resolution No. 10-094 in the amount of $25,260.
I. GRANTS/DISASTER RECOVERY
1. Recreational Trails Program for Heathcote Botanical Park – Grant Application
The Board approved the submittal of a grant application to the Florida Department of
Environmental Protection Recreational Trails Program for $248,815 to build recreational
facilities at Heathcote Botanical Park.
I. GRANTS/DISASTER RECOVERY CONTINUED
2. Land and Water Conservation Fund Program for Heathcote Botanical Park – Grant
Application
The Board authorized the submittal of a grant application to the Florida Department of
Environmental Protection Land and Water Conservation Fund Program for up to $200,000
to build recreational facilities at Heathcote Botanical Park.
3. Project Lake – Letter of Intent
The Board approved Resolution No. 10-124 recommending that Project Lake be approved
as a qualified target industry business pursuant to Section 288.106, Florida Statutes;
designating $160,000 in mitigated impact fees as local participation in the Qualified Target
Industry Tax Refund Program; and providing an effective date.
Also, the Board authorized the County Administrator send a Letter of Intent to offer Project
Lake:
(1) An Ad Valorem Tax Abatement phased over ten years subject to Board approval
at a public hearing, Project Lake making an approximate capital investment of
$55,000,000 in St. Lucie County and Project Lake employing 200 persons at an
average annual wage of $50,000 (Estimated Value = $2,268,750);
(2) An Impact Fee Mitigation phased over three years subject to Project Lake
making an approximate capital investment of $55,000,000 in St. Lucie County
and employing 200 persons at an average annual wage of $50,000 (Estimated
Value = $292,485 to $386,65);
(3) An accelerated permitting process to complete permitting within ninety (90) days
of completion of facility design if the selected site is appropriately zoned and with
the understanding permitting can be delayed by outside agencies involved in the
permitting process.
4. Project EUV – Letter of Intent
The Board approved the County Administrator send a Letter of Intent to offer Project EUV:
(1) An Ad Valorem Tax Abatement phased over five years subject to Board approval
at a public hearing, Project EUV making an approximate capital investment of
$500,000 in tenant capital improvements in St. Lucie County and Project EUV
employing 25 persons at an average hourly wage of $17.42 (Estimated Value +
$11,250);
(2) A Job Growth Incentive Grant of $41,250 phased over 3 years ($13,750 per
year)
5. U.S. Department of Housing and Urban Development Sustainable Communities Planning
Grants Program
The Board authorized the submittal of a letter, Resolution No. 10-125 and a Memorandum
of Understanding for a joint grant application by the South Florida and Treasure Coast
Regional Planning Councils to the to the U.S. Department of Housing and Urban
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Development Sustainable Communities Planning Grants Program; and for the creation of
a “Southeast Florida Partnership”.
J. PARKS AND RECREATION SERVICES
Improvement at River Park Marina
The Board approved the revised CIP# 10-024 reallocating $77,000 from 316-1930-563000-1538
(Yacht Club Renovations/Improvements), approval to piggyback Clay County Contract #08-09-3,
for purchase of a pavilion from REP Services, Inc., and awarded the contract in the amount of
$40,991 to Precision Paving & Excavation, Inc., for parking lot improvements as outlined in the
agenda memorandum and authorized the Chairman to sign documents as approved by the County
Attorney.
VII. PUBLIC HEARINGS
There are no public hearings scheduled for April 13, 2010.
VIII. PLANNING & DEVELOPMENT SERVICES
Major Site Plan approval for Health-Chem Diagnostics, LLC
Consider staff recommendation to approve adoption of Resolution No. 10-033, granting Major Site Plan
approval for Health-Chem Diagnostics, LLC as outlined in the attached agenda memorandum.
Staff advised the Board the Environmental Resources Department supported the waiver request.
It was moved by Com. Coward, seconded by Com. Dzadovsky to approve Resolution No. 10-033, and;
upon roll call, motion carried unanimously.
IX. COUNTY ATTORNEY
Resolution No. 10-081 – Supporting House Bill 561 – Extending Life Safety Retrofit to Community
Associations
Consider staff recommendation that the Board decide if they would like to support House Bill 561 by
approving Resolution No. 10-081 as drafted.
Com. Dzadovsky expressed his concern with this Bill and the fact there may be unattended consequences
on this re-write. He stated in his conversation with the Fire Chief he had advised him they were in
compliance.
Com. Coward stated he had similar concerns and the impact it may have on the Fire District. He believes
they should have direct feedback from the Fire District and would not support it until then.
Com. Craft stated he concurred with the previous comments and stated at this point he does not support
anything that may be coming out of Tallahassee.
Com. Dzadovsky advised the Board that all 50 states have enacted such a safety retrofit and he felt to
continue to put this off may make it to a point where it will never happen. He expressed his concern with
those elderly residents who live in high rises without a sprinkler system since they were not required years
ago. He is aware there is a cost factor involved which the associations may impose. He also addressed the
time it would give the people in high rises to evacuate the building. This is a health and safety issue to him.
Com. Lewis stated if the Fire District had concerns with this issue then it is something the Board should
discuss with them before moving forward.
It was moved by Com. Lewis, seconded by Com. Dzadovsky to pull this item and receive input from the Fire
District, and; upon roll call, motion carried unanimously.
E. HOUSING & COMMUNITY SERVICES
1. Shelter Plus Care Grant
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The Board approved acceptance of the Shelter Plus Care grant renewal, Budget
Resolution No. 10-120, and authorized the Chairman to sign documents as approved by
the County Attorney.
Com. Coward addressed pushing to incorporate green components into this program. He believes
need to raise the standards for these projects. He believes this would reduce the operating
expenses for the individual. He also addressed the rent assistance and would like to see it more
refined. He would like to distinguish the types of units they are looking for.
The Housing Manager advised the Board the $500 is the initial grant application and the fair market
rent for that year. The current fair market rates are now higher, they do not anticipate going that
high with their level of assistance. Also this is a federal grant and in order to include additional
criteria they would need to contact HUD to see if this would be permissible.
Com. Coward recommended bring this back within a week if the issue is not time sensitive. He
would like to strengthen this aspect.
Com. Craft stated he did not mind having language that encourages what he is requesting, but
does not agree with making it a requirement.
Com. Coward stated he is looking at a sliding scale, housing with expensive utilities and housing
that have energy conserving utilities.
Com. Grande stated he was not sure he agreed with a sliding scale. If this is a case of multiple
providers, they can give preference to those who have qualified green housing available without
given them a financial sliding scale it could be done in points.
Com. Coward stated the point is the individual who lives in the housing will be saving money.
Com. Craft stated he would like to receive the information before attempting to decide what it will
and will not do.
Com. Dzadovsky stated if they could make the Federal Government realize that sustainable
housing is better and make HUD realize this since most of the houses may be older homes. If we
can implement these types of opportunities and get people in houses they can afford, they can
then move on with their lives.
The County Administrator advised the Board she would get with staff and follow up with HUD to
see if there is any Federal Regulations flexibility in order to accomplish what the Board is seeking
for this program.
Com. Coward stated he did not believe they would receive opposition from the Federal
Government but would need this county to take a leap forward. He recommended pulling the item
for a week and have staff come back with the requested information.
It was moved by Com. Lewis, seconded by Com. Coward, to continue this item for two weeks and
have staff come back with different options, and; upon roll call, motion carried unanimously.
3. State Housing Initiative Partnership Program (SHIP) Local Housing Assistance Plan
(LHAP)
The Board approved Resolution No. 10-122 adopting the SHIP LHAP for FY 10/11, 11/12
and 12/13 and authorized the Chairman to sign documents as approved by the County
Attorney.
Com. Coward stated he felt they were moving in the right direction however he did not see
a partnership with the green trade apprentice’s initiative and asked if they can include
language to this affect.
The Housing Manager stated they could include language about partnering with task force
for green improvements.
Com. Coward stated he would like some generic language indicating the support of
business that is supporting our local youth and our local workforce.
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The Housing Manager stated they could add language however; they could not indicate
local preference.
Com. Coward stated he believed they talked about state certified apprenticeship
programs.
Com. Coward alluded to Page 6, Section R and stated he would like more than just two
sentences encompassing the green housing program. He would like to strengthen the
language. He is not sure what it means the way it is written. It does not have a lot of
detail and he believes it could be stronger. He would like to define renewable energy.
Com. Craft stated he does not mind adding language however it does state, “not limited
to”.
Com. Coward advised the Board his concern is it does not say “renewable energy”
anywhere.
Com. Coward recommended the language to paragraph R after the words “require use of,
and add “green building materials, energy efficient appliances, and solar hot water
heaters. “ Other removable energy will be considered as appropriate and specified on
individual projects and also add the language regarding the state certified apprentice
program preference in the selection process.
Com. Lewis expressed her concerns with too many details and the cost. She does not
wish to make it so complicated that they will not have the ability to help more people.
Com. Coward addressed Com. Lewis’ comments and stated he did not see why they
would not wish to take into consideration both aspects if the housing programs are
providing the funds towards these programs.
Com. Lewis state SHIP was a different program and she is concerned the more specifics
they include the more they are limiting the program.
It was moved by Com. Coward, seconded by Com. Lewis, to approve as amended, and;
upon roll call, motion carried unanimously.
UNAGENDAD
Com. Coward requested the Board ratify his appointment to the Citizens Budget Committee, Ms.
Patty Tobin.
It was moved by Com. Lewis, seconded by Com. Craft to ratify Com. Coward’s appointment, and;
upon roll call, motion carried unanimously.
Com. Dzadovksy addressed House Bill 1445 (control of fertilizers) and stated his concerns with this
being contradictory to local controls.
The County Attorney addressed this issue and stated he was not sure where it was at this point.
There being no further business to be brought before the Board, the meeting was adjourned.
_______________________________
Chairman
________________________________
Clerk of the Circuit Court
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