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HomeMy WebLinkAboutBOCC Minutes 09-26-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 26, 2006 Convened: 9:10 a.m. Adjourned: 9:55 a.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, Don West, Public Works Director, Beth Ryde4r, Community Services Director, Jim David, Mosquito Control Director, Dennis Wetzel, IT Director, Susan Kilmer, Library Director, Vanessa Bassey, Environmental Resources Director, Millie Delgado- Feliciano, Deputy Clerk ________________________________________________________________________ 1.MINUTES It was moved by Com. Smith, seconded by Com. Lewis, to approve the minutes of the special meeting held September 12, 3006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A presentation was made y Larry Pelton, Executive Director of the Economic Development Council. 3.GENERAL PUBLIC COMMENTS Mr. Charles Grande, Hutchinson Island addressed the Board regarding the two ladies who had addressed the Board at the budget public hearing regarding their property taxes. He stated, “looking closely at the problem I think the situation has arisen that does call for your help and I would really like to bring it to your attention. Last year due to the damage inflicted by the hurricanes, our tax appraiser took the very humane and considerate step of removing the damages from the appraised value resulting in a reduction to those who needed it most. Unfortunately this year in an attempt to recover the tax roll, the Appraiser added the damage amount back in, in a way I believe has really caused some problems and probably would not stand up. I have reviewed the process with the tax appraiser and he is convinced that his approach is okay, so short of your reviewing the problem there probably there is no other alternative but the courts. First, most of those affected were homesteaded and amendment 10 makes no provision for increases greater than 3% except for additions like adding a pool or a room, thus the value of the repair should have been added back over time as capped by the 3% rule. The tax appraiser got around it by classifying the repairs as additions. I don’t think that is going to fly in the long run. Second these additions were not added in this year when they were made, they were added back in retroactively to the year the damage occurred and they were removed, in essence saying there never really was a loss. The importance of this is that last year’s retroactively adjusted amount was used as a basis for a retroactive 3% increase for last year that was then compounded with another 3% increase to this year. It affects tax rolls as if there never really was any damage and people now look at if the hurricanes never really happened and I don’t believe this will hold up either, I ask that you ask the County Attorney to go over this process with the tax appraiser in light of the dictates of amendment 10 to determine the legality of the process that was employed. I would also ask that you solicit a legal opinion from the County Attorney on the decision to classify the repairs as additions to get around the amendment 10 limit. Again, I really applaud the efforts of the tax appraiser in providing relief to those who needed it most following the hurricanes, but I am convinced people are needlessly and unfairly suffering this year due to an ill advised and I really believe illegal 1 remedial action. I know this is a very complex area and a very brief explanation could lead to more questions than answers.” The County Attorney was directed to find out more information and return to the Board with a report . The County Attorney advised the Board of the appeal process through the Value Adjustment Board and the court. 4.CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the Consent Agenda as amended to include the ratification of Com. Smith’s appointee to the Skate Park Committee, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 51. 2.COUNTY ATTORNEY A.Animal Impoundment Services- Agreement with Humane Society of St. Lucie County- The Board approve the proposed agreement with the Humane Society of St. Lucie County and authorized the Chairman to sign the agreement. Com. Coward requested staff continue to expedite the licensing of animals . B. Funding request for mental Health/ Substance Abuse residential service provided by New Horizons of the TC- The Board deemed New Horizon as a sole source provider and enter into a contract with New Horizons for the provision of at least 40 beds for mental health substance abuse and co-occurring disorders for both male and females at a cost of $33.00 per bed. The payment would be based upon occupancy of beds effective October 1, 2006 thru September 30, 2007. The cost for incarcerating a mentally ill inmate in the County jail is approximately $75.00 per day. C. Funding request for a Forensic Case Manager for Mental 4Health Court. The Board approved deeming New Horizons as a sole source provider ad enter into a contract with New Horizons for staffing the Forensic Case Manager position that works in the Mental Health Court. This contract would b from 10/1/06 thru 9/30/07. D.Amendment if Resolution No. 01-19 (Court System Advisory Board) The Board approved amending Resolution No. 01-194 including representative appointed by the Cities of Ft. Pierce and Port St. Lucie. Once amended the Court System Advisory Board will consist of 15 members: Chairman of the BCC, Chief Judge, Sheriff, Chief Correctional Officer, State Attorney, Public Defender, State Probation Program Administrator, Substance Abuse Treatment Program representative, Clerk of Court, Court Administrator, one representative designated by the St. Lucie County Bar Association, one representative designated by the Port St. Lucie Bar Association, one representative designated by the Citizen’s Budget Committee, one representative designated by the City of Ft. Pierce, and one representative designated by the City of Port St. Lucie. E.Ordinance No. 06+049- Dori Slosberg Driver Education Safety Act- The Board granted permission to advertise Ordinance No. 06-049. 2 3.LIBRARY A.State Aid to Libraries Grant- The Board authorized the Chairman of the Board to sign two copies of the application, at the time of approval for the State Aid to Libraries Grant Application. B.Long Range Plan for Library Services- One year extension 2006- 2007- The Board approved the one year extension of the Library’s Long Range Plan as required under Chapter 257.17 to comply with the requirements of the State Aid to Libraries grant program. 4.GRANTS Development of an interlocal agreement between the City of Ft. Pierce, Heathcote Botanical Gardens, and St. Lucie County-The Board approved the development of an interlocal agreement between the City of Ft. Pierce, Heathcote Botanical Gardens, and St. Lucie County, that among other provisions, will specify that the design and management of those lands transferred from the City to the County through the Heathcote project shall be executed according to written plans approved by the City of Ft. Pierce, Heathcoate Botanical Gardens and St. Lucie County. 5.INFORMATION TECHNOLOGY Support and maintenance agreement- The Board approved the purchase of a support and maintenance agreement with Novel GroupWise and Server/Client Zenworks in the amount of $61,910.10 and authorized the Chairman to sign the agreement. 6.PUBLIC WORKS A.Road and Bridge Division Release of retainage- The Board approved the release of retainage to mike final Road and Bridge payment of $128,672.96 for the Resurfacing Contract with Dickerson Florida, Inc. B.Engineering Division- The Board approved the First Amendment to Work Authorization No. 9 for an extension of time to December 31, 2006 for Engineering Services related to roadway and intersection design with Kimley-Horne and Associates for Juanita Avenue and authorized the Chairman to sign. C.Engineering Division- The Board approved and authorized the Chair to sign the First Amendment to Work Authorization No. 12 with Kimley & Horne and Associates, In., for an extension of time to November 17, 2006 for Engineering Services related to roadway and intersection design for Edwards Road and Selvitz Road. D.Engineering Division- The Board approved and authorized the Chair to sign the First Amendment to Work Authorization No. 6 for an extension of time to September 30, 2006 to the contract for Professional Engineering Services related to Stormwater Management with Bowyer-Singleton & Associates for design services for the Solida Circle Drainage Replacement project. E.Engineering Division- Work Authorization No. 1 - The Board approved Work Authorization No. 1 to the Contract for Professional Engineering Services related to Storm Management with Inwood Consulting Enginee4rs for redesign of Harmony Heights Stormwater improvements Phase 1 in the amount of $152,757.50. F.Engineering Division- The Board approved accepting the project, releasing the retainage in the amount of $26,595.23 and provide Final 3 Payment to contract # C05-11-608 in the amount of $38,433.06 deducting for failed laboratory tests in the amount of $726.00 to Johnson Davis for the Construction of the Sunrise Blvd., at Canal 10 Culvert Replacement project. G.Work Authorization No. 1 with Creech Engineers, Inc.. for Professional Engineering Services- The Board approved Work Authorization No. 1 in the amount of $12,200 and authorized the Chairman to sign . 7.MANAGEMENT AND BUDGET Budget Resolution No. 06-291 - The Board approved Resolution No. 06-291 recognizing revenue from FEMA and the State for hurricane related expenses. 8.INVESTMENT FOR THE FUTURE First Amendment to Work Authorization No. 2 - The Board approved and authorized the Chairman to sign the First Amendment to Work Authorization No. 2 for an extension of time to December 31, 2006 for Engineering Services Related to Bridge Evaluation and Design with Kimley Horn and Associates for the Juanita Avenue over Taylor Creek Bridge replacement. 9.AIRPORT A.FDOT Joint Participation Agreement- The Board accepted the FDOT Joint Participation Agreement in the amount of $1,275 with a local match of $1,275 and $48,450 Federal Aviation Administration grant for a total project cost of $51,000 for an update to the Airport Layout Plan for the for the St. Lucie County International Airport and requested approval of Resolution No. 06-293. B.Kimley Horn’s Scope of Services and Work Authorization No. 26- The Board approved Kimley-Horn’s Scope of Services and Work No. 26 for the preparation of construction documents for the relocation of the existing drainage ditch in the FBO development area and authorized the Chairman to execute. 10.PURCHASING A.Award of Bid No. 06-106 Sale of Surplus Golf equipment- The Board approved awarding a portion of Bid No.06-106 sale of a surplus tractor to the sole bidder, Mr. Dennis Burney for $106.50. B.Bid Waiver and Sole Source declaration - The Board approved the bid waiver and sole source declaration for the parts and services to the following companies; Kelly Tractor for Caterpillar, Flagler Equipment Company, L.B. Smith, for Volvo and Samsung, Sierra International Machinery, LLC for MacPress balers and conveyors, Continental Biomass Industries, Inc., for grinder, Lubo USA, LLC for C & D processing equipment, Menzi USA for Menzi Muck and Great Southern Equipment for Gradall. 11.CULTURAL AFFAIRS The Board approved submitting a grant application to the Florida Department of Environmental Protection Coastal Partnership Initiative for he Historical Museum Outdoor Educational Exhibit. 4 12.COMMUNITY SERVICES A.Request for Board approval- The Board approved signing the contract for Sale and Purchase of Real Property for one lot for the Avenue D Transit Transfer Facility. B.Contract with the State of Florida- The Board approved the contract with the State of Florida for a total project amount of $18,150,877.50 including funds from State General Revenue, other State Funds, Federal Funds, and $1,153,000 from the General Fund of St. Lucie county for the operation of the St. Lucie County Health Department and authorized the Chairman to sign the necessary documentation. 13.COURT ADMINISTRATION th The Board approved retroactively St. Lucie County acting as Fiscal Agent for the 19 Judicial Circuit for the purposes of an OJJDP and DJJ sponsored Delinquency Prevention and Civil Citation Grant of up to $100,000 . REGULAR AGENDA 5.A NO PUBLIC HEARINGS SCHEDULED 6. ADMINISTRATION (0:32:30) Torrey Pines Institute for Molecular Studies Letter of Intent Agreement- Consider staff recommendation to approve the September 1, 2006 Letter of Intent Agreement with Torrey Pines Institute for Molecular Studies Letter of Intent Agreement in the amount of $10,000,000. It was moved by Com. Hutchinson, seconded by Com Craft, to approve the staff recommendation, and; upon roll call, motion carried unanimously. 7. ADMINISTRATION (30:38:34) Consider staff recommendation to authorize the partnering of the County with the Trust for Public Lands in the acquisition of HBOI properties and future negotiations with TPL To develop an agreement through which the County or State will acquire the properties and through which financial assistance will be rendered to TPL in its acquisition services. Any agreement negotiated with TPL will be submitted, after negotiation, to the Board for approval. Also approve potentially needed matching funds not to exceed 25% for grants required to acquire the property. Staff advised the Board this would be contingent on Harbor Branch Board approval. It was moved by Com. Craft, seconded by Com. Smith to approve staff recommendation, and; upon roll call, motion carried unanimously. 8.PURCHASING Items 8 A and 8B were pulled. There being no further business to be brought before the Board, the meeting was adjourned. _________________________ Chairman ________________________ Clerk of Circuit Court 5 6