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BOCC Minutes 02-28-2006
BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 28, 2006 Convened: 9:00 a.m. Tape: 1-3 Adjourned: 12:25 p.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Joseph Smith _______________________________________________________________________ Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Park and Rec. Director, Mike Bowers, Utilities Director, Beth Ryder, Community Services Director, Jim David, Mosquito Control Director, Marie Gouin, M & B Director, Jack Southard, Public Safety Director, Roger Shinn, Central Services Director, Ed Fry, Clerk of Circuit Courts, Ken Mascara, Sheriff, Millie Delgado- Feliciano, Deputy Clerk 1.MINUTES (1-024) It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the meeting held February 21, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Commissioner Smith made a presentation regarding the Public Safety Coordinating Council’s recommendation to open Pod 2 at the Rock Road Jail. The County Administrator addressed the recommendation and advised the Board he would like to have the recommendations made by the Kalmanoff study implemented and operating to see how these programs would affect the jail population. He advised the Board and those present of the funds allocated to the Criminal Justice System and the jail. Mr. Mark Godwin, Criminal Justice Coordinator addressed the Board and gave an update on the implementation of the recommendations made by Dr. Kalmanoff. Mr. Godwin alluded to the benefits of pro-active programs and stated he was anxiously awaiting the opportunity to discuss modifying the bond schedules. Sheriff Mascara addressed the Board and advised those present of the plumbing repairs that were completed and also the fact the contraband sweep had been completed in pod 2. Com. Coward commented on the Violation of Probation inmate population. He felt they needed to step up and work with the Florida Association of Counties to advise the State of the impact this change has made at the local level. Ms. Sandy Stayko, GPS bracelet provider, addressed the Board’s questions regarding the State Attorney and a Public Defender being present at the jail when the recommendations are made to place an inmate on the program. She stated there was not a Public Defender on site on the weekends and she felt it would be to their advantage if a Public Defender was present since they are providing the GPS recommendation service 7 days a week. The Board questioned the cost of opening pod 2. st The County Administrator advised the Board for the 1 6 months the cost would be between $600,000-$700,000. 1 st Sheriff Mascara advised the Board he could not hire 26 deputies by April 1, and would need to phase them in. The Finance Director for the Sheriff’s office addressed the additional costs and stated they were looking at $60,000 from impact fees and $688,000 for fiber optic line, airpacks and other capital items. Com. Lewis expressed her concern with creating more difficulties if they do not deal with the existing problems today. She felt they could come to a compromise and partially open pod 2. Ms. Stayko, GPS provider advised the Board if everyone cooperates the numbers can change within 90 days after the start of the operation. Com. Coward requested a consensus from the Board as whether or not follow the recommendation made by the Public Safety Coordinating Council to open pod 2. Com. Hutchinson stated she would like to know where the funds would be allocated from before a consensus was taken on whether to open the pod or not. Com. Lewis stated she would also prefer to have a discussion as to where the funds would be obtained. Com. Smith asked for a consensus on the opening of pod 2. Com. Hutchinson stated she would refuse to move forward on any recommendation without more information on the cost. Com. Craft stated he was uncomfortable making a decision until all involved have had a discussion and the recommended programs are implemented. He would not vote to open pod 2. Com. Coward stated the Board consensus was that they are not in a position today to give favorable consideration to the recommendation by the Public Safety Coordinating Council until more information is obtained. Com. Smith recommended billing the State of Florida for the VOP inmates and felt this now was an issue of St. Lucie County vs. the State of Florida. The County Administrator stated there are 500 inmates in the jail for VOP and they should be considered state inmates and asked if the Board would give direction to bill the state. Com. Coward stated this was an issue that should be placed on an upcoming agenda for discussion. Com. Lewis recommended staff investigating what the other counties are doing. Com. Coward requested information on the standards from other jails in the state. Com. Hutchinson requested a monthly report the issues. 3.CONSENT AGENDA (2-1127) Ms. Patricia Cassell, area resident addressed the Board on the unsanitary conditions at the jail. She stated her son is incarcerated and the conditions are very critical with the overpopulation. There are not enough toilets, showers and medical staff. Com. Craft requested Ms. Cassell meet with him to discuss these issues. Mr. Peter Degan, Sandollar Shores resident, addressed the Board regarding the sand restoration project and asked the Board to assist them in being included in the project. 2 Com. Hutchinson sated there was an extension on the project and asked they be included in this extension. She directed staff to investigate this possibility. Ms. Arlene Goodman, area resident addressed the Board in opposition to the additional security being proposed for various administration offices as well as the Board of County Commissioner’ s offices. Mr. Craig Mundt, Hutchinson Island resident addressed the Board and questioned why the golf course would be closed for the Wings and Wheels Air Show. Ms. Inez Fritz, Coordinator advised Mr. Mundt these closings are part of the requirements by the FAA. Mr. Charles Grande, Hutchinson Island, addressed the Board and stated he concurred with Ms. Goodman’s comments on the security issue. The Asst. County Administrator stated there was not any security in the areas at this time and this was a request by one of the Commissioners. His recommendation was to have cards to scan for entry into the offices of the County Attorney, Administration, Office of Management and Budget and the Commissioners. Com. Craft stated there were too many people walking around freely in the building and offices. Com. Smith stated he concurred with the suggestion and the advised the Board of a similar system utilized by the School Board and stated he felt they needed another level of security due to some sensitive issues discussed and decided by the Board and staff. Com. Hutchinson stated she was not in favor of this suggestion due to the fact they have always had an open door policy . Com. Coward stated he did not feel strongly about this issue and felt it was not necessary. It was moved by Com. Smith, seconded by Com. Craft, to approve the six month pilot program to enhance security and, upon roll call, the vote was as follows: Nay’s : Lewis, Hutchinson, Coward; Aye’s: Smith , Craft; motion denied by a vote of 3 to 2. 4.CONSENT AGENDA (21707) It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the Consent Agenda with item C-8 pulled for separate vote and discussion, item C-2D pulled and also the scrivener error on items 11-A and 11-C account number 145-9910-599300-800, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 21. 2.COUNTY ATTORNEY A.Resolution No. 06-084 extending the state of emergency for Hurricane Frances; and Resolution No. 06-085 extending the state of emergency for Hurricane Jeanne- The Board approved Resolution No. 06-084 and 06-085. B.Resolution No. 06-086- extending the state of emergency for Hurricane Wilma- The Board approved Resolution No. 06-086. C.Lennard Road MSBU- Lennard and Kitterman Road Right of Way- Resolution No. 06-018- the Board approved Resolution No. 06-018. 3 D.Permission to advertise- this item was pulled. E.First Amendment to contract with David Brooks Enterprises, Inc., to add architect to contractor’s general liability insurance- the Board approved the first amendment and authorized the Chairman to sign. 3.PARKS AND RECREATION A.Purchase of ladder and a deck store away for Paradise Park Pool- The Board approved EQ 06-242 to purchase an “ease ender” ladder and a deck store away for Paradise Park pool and cancellation of EQ06-124 and EQ06-125. B.Lincoln Park Community Center Security System- The Board approved Equipment Request EQ 06-245 and Budget Amendment No. BA06-130 in the amount of $1,560.00 classifying the security system as a capital asset. C.Request approval to serve alcohol at South County Park- The Board approved Treasure coast Pride Inc., request to serve alcohol during their event on April 23, 2006 at South County Park. D.Retainage payment to Recreational Design & Construction Inc., for the pool at Open Space- The Board approved the retainage payment to Recreation Design & Construction Inc., in the amount of $61,747.82 on contract C04-05-415. 4.INVESTMENT FOR THE FUTURE A.Change Order No. 3 in the amount of $248,485.00 for improvements to the Platt’s Creek Stormwater Management Facilities project- The Board approved and authorized the Chair to sign Change Order No. 3 in the amount of $248,485.00 for a total contract price of $3,020,656.75 to WPC Industrial Contractors for improvement to the Platt’s Creek Stormwater Management Facilities Project. B.Purchase of New Truck to be used by the Road and Bridge Division/Public Works- The Board approved the purchase of a new truck for the Road and Bridge/Public Works Departments. 5.AIRPORT A.Permission to sell alcohol- Wings and Wheels Air Military and Vehicle Show- - The Board approved to the Treasure Coast Victory Children’s Home Inc., to sell alcoholic beverages at the Wings and Wheels Air Military and Vehicle Show at St. Lucie County International Airport on March 25 and 26, 2006. B.Permission to close Fairwinds Golf Course during the practice and air show times for Wings and Wheels Air Military and Vehicle Show- The Board approved the closure of the Fairwinds Golf Course during the air show times at the Wings and Wheels Air Military and Vehicle on March 25 and 26, 2006. 6.CULTURAL AFFAIRS A.Grant Agreement with the Cultural Affairs Council to provide funding assistance for the Ramsey Lewis Concert presented by the Ft. Pierce Jazz and Blues Society- The Board approved the agreement with the Cultural Affairs to provide $15,000 for the Ramsey Lewis Concert 4 presented by the Ft. Pierce Jazz Blues Society and authorized the Chairman to sign. B.Grant Agreement with the Cultural Affairs Council to provide fund for Zora Fest 2006- The Board approved the grant agreement with the Cultural Affairs Council to provide $25,000 for Zora Fest 2006 and authorized the Chair to sign. C.Amendment No. 001 to Contract No. C04-07-672- REG Architects- Post Office Museum for additional services in the amount of $13,280.00- The Board approved Amendment No. 001 and authorized the Chairman to sign. 7.PURCHASING A.First Amendment to Contract C04-05-220 with John Corrigan for Grant Consulting for the Airport West Commerce Park Economic Development Agency- The Board approved the First Amendment to Contract C04-05-220 with John Corrigan, which extends the term until December 31,2006 (no payment increase) and authorized the Chairman to sign the amendment as prepared by the County Attorney. B.Change Order No. 1 to Contract C05-10-559 with Hennis Corporation Company, Inc.. (Construction of the Savannas Maintenance Building) – The Board approved Change Order No. 1 to Contract C05-10-559 which increases the contract amount by $2,525.00 for a total of $155,025.00 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. C.First Amendments to Work Authorization Numbers 9 and 10 for Contract C97-11-186 with Culpepper and Terpening- The Board approved the First Amendments to Work Authorization Numbers 10 and 11 which amend the project schedules for Task 5- construction services due to delays caused by multiple hurricanes, and staff requests the Board authorize the Chairman to sign the amendments as prepared by the County Attorney.- The Board approved Work Authorization No. 9 and 10 for Contract C97-11-186 with Culpepper and Terpening and authorized the Chairman to sign the amendments. D.Permission to advertise an Invitation for Bid for the sale of Shrimp Culture Equipment for the Airport Department- The Board approved advertising the Invitation for Bid for the sale of the Shrimp Culture Equipment. E.Approval of Amended Schedule A for Contract C03-02-208 with Municipal Software Corporation- The Board approved amended Schedule A for contract C03-02-208 with Municipal Software Corporation for annual license renewals for the amount of $33,898.50 each year 2006 and 2007 and authorized the Chairman to sign the amended schedule “A” as prepared by the County Attorney. F.First Amendment to Contract No. C03-09-681 with Gerelcom, Inc., for installation of premise distribution wiring- The Board approved the First Amendment to Contract C03-09-681 with Gerelcom, Inc., that amends the Contract Payment paragraph to specify payment is “per year”, and authorized the Chairman to sign the amendment as prepared by the County Attorney. 8.ADMINISTRATION- This item was pulled for discussion and separate vote. 5 9.ENVIRONMENTAL RESOURCES A.Request of Harry Maxwell for an exemption from the requirements of Section 11.02.09 (A) (5), St. Lucie County Land Development Code to prepare an Environmental Impact Report for the project to be known as Maxwell Acres- Minor Site Plan- The Board approved the request for the exemption and that no environmental impact report be required for this project. B.Request of Location Development Corporation for an exemption from the requirements of Section 11.02.09 (A) (5) St. Lucie County Land Development Code to prepare an environmental impact report for the project to be known as Sapphire Lakes Estates PUD- Site Plan- The Board approved the exemption and that no environmental impact report be required for this project. C.Florida Power and Light License Agreement for a trail- The Board approved the License Agreement and authorized the Chairman to sign the Agreement. 10.PUBLIC WORKS A.Amendment No. 2 to the Grant Agreement with DEP for the River Park Baffle Boxes to extend the agreement to June 30, 2006- The Board approved Amendment No. 2 to the Grant Agreement with DEP for the River Park Baffle Boxes to extend the agreement to June 30, 2006. B.Airport Industrial Park MSBU Wastewater Improvements – FPUA Approval of Amendment No. 1 to grant Assistance Agreement LP0301 to extend the ending date of the agreement to June 31, 2007- The Board approved Amendment No. 1. C.Award of Project No. 05-28 Hidden River Estates Emergency Repair- The Board approved awarding the written quote for Project No. 0528 Hidden River Estates Emergency Repair to Ferreira Construction Co., Inc., in the amount of $214,920.00 establish the project budget as outlined in the attached memorandum, and authorized the Chair to sign the contracts as prepared by the County Attorney. D.Budget Amendment BA06-128 to transfer funds for the purchase of fence and landscaping for the northeast corner of the County Compound- The Board approved Budget Amendment No. BA06-128 for the transfer of funds in the amount of $10,500.00 from the Contingency Account No. 001-9910-599100-800 to other contracted services, Account No. 001-4110-532000-400 and the purchase of fence and landscaping for the county compound. 11.GRANTS A.Relative to Blind Creek Park/Little Mud Creek sand removal project staff recommends that the Board 1)authorize its declaration as an emergency, allowing waiver of the formal bidding process 2) authorize staff to piggyback with Native Technologies, Inc. on existing NTI agreement with Broward County School Board and amend the agreement accordingly and 3) authorize the submittal of an Emergency Watershed Protection Program funding request to the USDA Natural 6 Resources Conservation Service for 75% funding in the amount of $330,000 to conduct emergency repairs to safeguard lives and property. The Board approved staff recommendation. B.Relative to the Lakehurst Drive canal area project, staff recommends that the Board 1) authorize its declaration as an emergency, allowing waiver of the formal bidding process and authorizing staff to contact vendors for appropriate repairs; and 2) authorize submittal of an Emergency Watershed Protection Program funding request to the USDA Natural Resources Conservation Service for 75% funding in the amount of $84,600 to conduct emergency repairs to safeguard lives and property and minimize erosion into the North Fork of the St. Lucie River during heavy rainfall events. The Board approved staff recommendation. C.Authorize the acceptance of an Emergency Watershed Protection Program Agreement with the USDA Natural Resources Conservation Service, which provides 75% of total project cost, which is not to exceed $805,000 for the following three projects: The Board authorized the following: 1.$187,500 (75%) to conduct emergency repairs in the Hidden River Estates area and minimize erosion into the North Fork of the St. Lucie River. 2.$84,600 (75%) to conduct emergency repairs in the Lakehurst Drive area and minimize erosion into the North Fork of the St. Lucie River. 3.$330,000 (75%) to conduct emergency repairs at Blind Creek Park removing sand and vegetative debris. 12.PUBLIC SAFETY Resolution No. 06-071 approving Emergency Management Services Grant from the State of Florida Health Department in the amount of $100,690.00- The Board approved Resolution No. 06-071. 13.UTILITIES A.Work Authorization with Brown and Caldwell for professional services pertaining to the operations and maintenance RFP for the County’s wastewater treatment, collection, disposal, and water treatment and distribution facilities- The Board approved Work Authorization with Brown and Caldwell for professional services pertaining to the operations and maintenance RFP for the County’s wastewater treatment, collection, disposal and water treatment and distribution facilities in the amount of $67,600.00. B.Staff requests approval of Change Order No. 2 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project for an increase in the contract in the amount of $169,913.90 and an extension of 89 days to the contact. – The Board approved Change order No. 2 with Danella Companies, Inc. 14.SOLID WASTE A.CDM proposal for professional engineering services to assist St. Lucie County with the ongoing overall landfill gas system management at the St. Lucie County Baling and Recycling Facility- The Board approved the CDM proposal for professional engineering services to assist St. Lucie County with the ongoing overall landfill gas system management at the St. Lucie County Baling and Recycling Facility. The scope of services includes management of the existing Phase 1 7 and II landfill systems and gas system compliance monitoring for a lump sum of $245,280. B.Consider staff recommendation to approve the CDM proposal for professional engineering services to assist St. Lucie County staff with their continuing effort in the investigation of Plasma Arc Conversion and its potential application in solid waste management at the St. Lucie County Baling and Recycling Facility for a lump sum of $200,000. The Board approved staff recommendation. 15.COMMUNITY SERVICES Amendment of the County 2004 Housing Assistance Plan adopted for the FY 2004 Florida Small Cities CDBG program- The Board approved an amendment to the St. Lucie County’s FY 2004 CDBG Housing Assistance Plan, adoption of Resolution No. 06-087 and authorized the Chair to sign necessary documents. 16.MANAGEMENT AND BUDGET A.Alcohol and Drug Abuse Mini=Grant Awards- The Board approved the awarding of grant funds as stated changing the award date this year thst to March 15 instead of January 1 and authorizing the County Attorney’s office to draw up the appropriate contacts for the Chairman’s signature . B.The Board approved Budget Resolution No. 06-082 recognizing revenue from the Federal Emergency Management Agency and the State for fiscal year 2005 hurricane related expenses- The Board approved Resolution No. 06-082 . REGULAR AGENDA 5.A. PUBLIC SAFETY Certificate of Public Convenience and Necessity CON Application for A Quality Care Transport for a Class F CON- Consider staff recommendation to approve the request. The Board was advised the EMS Board recommended approval by a vote of 6-0 and asked Mr. Williams to apply for the Medicaid license. The applicant advised the Board he has applied for the Medicaid and the information is provided in the back up. Com. Lewis requested the ordinance be amended to require Medicaid in the application process and stated she would like to see Medicaid trips spread across the Board. Ms. Deborah Krause, Lifeline addressed the Board and stated her Medicaid trips had decreased due to lower call volume. Ms. Paula Barakus, We Care transport, addressed the Board and stated her trips had decreased and she requested the Board table this item until a needs assessment has been done. Com. Coward stated he felt this should go back to the EMS Committee for the March 15, 2006 meeting and if they come back with another recommendation of approval he would vote in favor of the request. He would like for it to be properly reviewed due to the cutbacks at the State and Medicaid levels. Com. Lewis stated she was seeing conflicting information and would like to see it go back to the Committee. 8 Com. Craft stated he was having a problem knowing we are in a free enterprise economy and although he agrees the survey needs to be fixed, we are in a free enterprise economy and it is up to Mr. Williams whether or not he will make it. By having more competition it increases the level of service across the Board and this is why he will be supporting this. It was moved by Com. Smith, seconded by Com. Craft to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Coward, Aye’s: Lewis, Hutchinson, Craft, Smith, motion carried by a vote of 4 to 1. Com. Hutchinson directed staff to update and ask for input from the EMS Board she does not feel to go through this again without having this issue reviewed. Com. Coward stated he felt it should go back to the Emergency Medical Services Committee and this was why he would be voting no. Com. Craft requested this survey be sent back to the Committee to review and have some improvements made with more accurate information as to what is happening in the area. Com. Coward suggested the ordinance be amended as requested by Com. Lewis. 6. GROWTH MANAGEMENT Staff recommends the endorsement of this regional economic development plan with the following conditions: The cost of the plan must be identified with outside funding sources The Board of the 501 © Corporation that will manage this regional plan needs to be greatly expanded. Using the Tampa Bay Partnership as an example, the Board needs to include members from both private and public sectors and not just four organizations. An expanded Board will provide greater community support and funding. The targeted industries should be expanded to include a more diverse industry base. Biosciences/biotechnology is a focus but not the only focus in the County’s search for high paying jobs. The County’s main economic development focus will be on St. Lucie County with a secondary focus on the region. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, 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 Circuit Court 9 10