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HomeMy WebLinkAboutBOCC Minutes 02-27-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 27, 2007 Convened: 9:00 a.m. Adjourned: 11:25 a.m. Commissioners Present: Chris Craft, Chairman, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Vanessa Bessey, Environmental Resources Director, Don West, Public Works Director, Heather Young, Asst. County Attorney, Leo Cordeiro, Solid Waste Director, Beth Ryder, Community Services Director, Debra Brisson, Parks and Rec. Director, Lauri Case, Utilities Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Jim David, Mosquito Control Director, Ed Fry, Clerk of Courts, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held February 20, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATION/PRESENTATIONS A.A presentation was made by Ms. Vel Thompson on the City of St. Petersburg N-Team’s Code Assistance Program. Mr. Richard Allison area resident, addressed the Board and gave a brief overview on how he first had heard about this program and his contact with Ms. Thompson. Staff was directed to come back with a proposal to discuss this issue during the budget session for consideration of seed funding for the program. Staff was also directed to contact the municipalities and attempt to workout a partnership with them for such a program. B.A presentation was made by Mr. Ed Fry, Clerk of Courts, on the Court Technology and Public Web Site. The Clerk of Circuit Court presented an update on Court Technology and illustrated how the imaging of documents has assisted in expediting information to all entities dealing with our court system, i.e. State Attorney, Public Defender and the Sheriff’s Department. He also advised the Board of confidential information being deleted from the documents, i.e. social security numbers and financial information. The Clerk of Court demonstrated the “Docket Managers “ program where it shows the daily case load for the judges and the courts. He also provided a demonstration on the Public Web Site and the new technology added providing access to deed sales and other public information for a subscription fee. Mr. Fry advised the Board the Finance Department had received the Certificate of Achievement for Financial Reporting. 1 3.GENERAL PUBLIC COMMENTS Ms. Patricia Spradling, 925 Jackson Way, Hutchinson Island, addressed the Board regarding various problems she is having with the Melon Patch Bed and Breakfast in the area. She advised the Board of the numerous Code Violations, i.e. noise, alcohol serving, the owner not living on premises, bright signage and parking. The Assistant County Attorney advised the Board Code Enforcement had visited the site and had not sited any violations. The only issue found was decking on the premises that was not permitted properly. Mr. Richard Allison, area resident, addressed the Board and stated he saw both positives and negatives about the establishment. He had spoken with Ms. Townsend regarding the noise and the parking problem and she stated she would work on these issues. He stated he felt he had not been impacted by noise or traffic. Con. Coward recommended having a more thorough discussion on this issue by placing it on a regular board meeting agenda. Com. Grande stated he would like more information on the permitted uses before it comes before the Board again. Mr. Floyd Grisby, Jackson Way resident addressed the Board and advised them of the Code Enforcement Officers visit to the establishment. The officer had been noticed while parked in the area and the music noise was reduced considerably before an accurate reading of decibels could be taken and also the violation of Code 7.10.20. The County Administrator advised the Board he would place this item on the March 13, 2007 meeting agenda for discussion 4.CONSENT AGENDA (1:0035) Com. Grande advised the Board of his intent to submit changes to our regulations referenced with item C2A. Com. Coward stated he felt there were two public hearing to be scheduled on this matter and they will have time to review and hopefully they will be corrected by then. Com. Grande stated he was making sure everyone knew what he was doing, he was not imposing changes. Com. Smith addressed C2-E and the language. The Assistant County Attorney addressed Com. Smith’s question and stated they would need Board approval for new management. The lease requires they obtain Board approval if they are selling the business. The Airport Director addressed the question and stated it would be up to the Commission if they wanted to hire a management company as the fixed based operator, however this would be very costly. Com. Coward wanted to make sure these leases have nothing to do with the new flight school being proposed. He asked the basic perimeter be laid out so that there is no negative affect on the surrounding residents. It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 21. 2 2.COUNTY ATTORNEY A.Second Amendment to the March 9, 2004 Agreement with Clarion Associates- The Board approved the Second Amendment to the March 9, 2004 Agreement with Clarion Associates and authorized the Chairman to sign the Second Amendment. B.Resolution No. 07-080- Extending State of Local Emergency – Ban on Open Air Burning in St. Lucie County- The Board approved Resolution No. 07-080 and authorized the Chairman to sign the Resolution. C.Contract for Sale and Purchase Paradise Park Stormwater Improvement- Eleanor Johnson Morris Tax ID 1433-701-0442-000/5- The Board approved the Contract for Sale and Purchase from Eleanor Johnson-Morris for the purchase price of $25,000.00, and authorized the Chairman to sign the Contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. D.Contract for Sale and Purchase – Contract for Sale and Purchase paradise Park Stormwater improvement- Roneesha Octavien Smith Tax ID 1433-701-0440- 000/1- The Board approved the contract for Sale and Purchase from Roneesha Octavien Smith for the purchase price of $25,000 and authorized the Chairman to sign the Contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. E.B & E Houck Enterprises, Inc.- Consent to Subleases- The Board approved to the sublease agreements submitted by B & E Houck Enterprises, Inc. F.3904 N. Kings Highway First Amendment to September 1, 2000 Lease Agreement- The Board approved the proposed first amendment to the September 1, 2000 lease agreement with James and Brenda Gibbons. G.Hurricane Housing Recovery Plan- The Board approved the Declaration of Covenants for Obtainable Dwelling Units in Cortez Village. H.Extension of Declaration of State of Local Emergency- Indian River Drive- The Board approved the extension of the Declaration of State of Local Emergency and authorized the Public Safety Director to sign the Declaration. I.Contract for Sale and Purchase- Paradise Park Stormwater Improvement- Blance Forrester- Tax ID 1433-701-0530-000/9- The Board approved the Contract for Sale and Purchase from Blance Forrester for the purchase price of $25,000 authorized the Chairman to sign the contract and directed staff to proceed with the closing and record the Warrant Deed in the Public Records of St. Lucie County. J.Contract for Sale and Purchase – Paradise Park Stormwater Improvement Mr. and Mrs. Frank Robinson- Tax ID 1433-801-0144-000/3- The Board approved the contract for Sale and Purchase from Mr. & Mrs. Robinson for the purchase price of $30,000 authorized the Chairman to sign the Contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. K.St. Lucie County International Airport- First Amendment to August 27, 2002 Lease Agreement with T. Bennett- The Board approved the proposed First Amendment to the August 27, 2002 Lease Agreement with T, Bennett, and authorized the Chairman to sign the amendment. L.Budget Amendment Number BA07-042 requesting the transfer of $2,030.00 from Equipment Maintenance Account Number 001-1410-546000-100 to 3 Machinery and Equipment Account Number 001-1410-564000-100 - The Board approved the transfer of $2,030 from Equipment Maintenance to Machinery & Equipment as requested. M.St. Lucie County Utilities – Seventh Amendment with Severn Trent Environmental Services, Inc.,- The Board approved the Seventh Amendment and authorized the chairman to sign the Amendment. N.Contract for Sale and Purchase- Paradise Park Stormwater Improvement- BJS Properties, Inc.- Tax ID 1433-701-0457-000/3- Tax ID 1433-701-0255-000/7- The Board approved the Contract for Sale and Purchase from BJS Properties, Inc., for the purchase price of $67,000.00 authorized the Chairman to sign the Contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 3.PARKS AND RECREATION Drug Abuse Resistance Education (D.A.R.E.) Waiver of Fees/Lawnwood Complex- The Board approved St. Lucie County Sheriff’s Department’s request to waive rental fees in the amount of $700.00 for use of the Lawnwood Complex parking area to hold its D.A.R.E. Carnival April 9-15, 2007. 4.PARKS REFERENDUM Lawnwood Soccer Fields/The Collage Companies (C06-06-334) Change Order No. 2- The Board approved Change Order No. 2 for The collage Companies in the amount of $14,628 for the additional work on the Lawnwood Complex soccer fields. The Board also approved a 195 day extension for substantial completion of the project 5.PUBLIC WORKS A.Engineering Division- Repair of Bridges Related to Hurricane Wilma- First Amendment to Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., in the amount of $35,655.00- /The Board approved the First Amendment to Work Authorization No.. 2 in the amount of $35,655.00 and authorized the Chairman to sign. B.Road and Bridge Division- Approve a Bid Waiver and Equipment Request (EQ07-310) for a Sole Source Equipment purchase from Hydraulic Truck Conveyor, Inc.- The Board approved the Bid Waiver and Equipment Request (EQ07-310 for Sole Source Equipment purchase from Hydraulic Truck Conveyor in the amount of $34,686.50 and also approved Equipment Request EQ07-311 to purchase a new 72” Hydraulic Sweeper in the amount of $3,995.00 from Southern Track and Pump. C.Road and Bridge Division- The Board approved the Bid Waiver to purchase two Dump Trucks (EQ07-241 and EQ07-242) in the amount of $85,541.00 each from Rechtien International. D.Road and Bridge Division- The Board approved clarification of the contract to Piggyback the Marion County Board of County Commission Contract No. 04B-077; Chip Seal CRS-2 and Granite Mixture Purchase and Application WITH Florida Highway Products; Inc., which was approved by the Board of County Commission on January 23, 2007 to include a not to exceed an amount of $250,000.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. 4 6.GRANTS Authorize Amendment No.1 to Contract C-15305/3600001008( St. Lucie County Contract C05-11-637) between St. Lucie County and the South Florida Water Management District to extend the term of the grant contract from 1/27/2007 to 7/25/2007. The amendment does not amend the grant amount or the scope of work- The Board approved the amendment to Contract C05-11-637. 7.MANAGEMENT AND BUDGET Adoption of Resolution No. 07-070 to establish a budget for Fiscal year 2007 for the for the South Florida Water Management District Grant for Water Savings Incentive Program in the amount of $50,000- The Board approved Resolution No. 07-070. 8.HUMAN RESOURCES Cellular Phones- Authorization – Issuance and Usage- The Board approved the Cellular Phones Authorization; Issuance and Usage Policy. 9.PURCHASING A.Fourth Amendment to Contract No. C00-09-539 with Harbor Branch Environmental Laboratory, Inc., - The Board approved the Fourth Amendment to Contract No. C00-09-539 and authorized the Chairman to sign the Amendment as prepared by the County Attorney. B.Award of Bid No. 07-026 Customs Building HVAC Renovations to the lowest responsive, responsible bidder, Sea Coast A/C and Sheet Metal, Inc.,- The board approved awarding Bid No. 07-026 to the lowest responsive, responsible bidder, Sea Coast Air Conditioning and Sheet Meal Inc., for the total amount of $ 114,301.00 and authorized the chairman to sign the contract as prepared by the County Attorney. C.Cancel Assignment of contract C05-12-686 from A1A Employment of Miami to Capital TempFunds, Inc.- The Board approved the cancellation of the assignment of contract C05-12-686 from A1A Employment of Miami to Capital TempFunds, Inc. D.First Amendment to Contract C06-05-346 with Snappy Auto Care, Inc.- The Board approved the first amendment to contract C06-05-346 with Snappy Auto Care Inc., for Maintenance Services for cars and pick up trucks and authorized the Chairman signing the amendment as prepared by the County Attorney. E.First Amendment to Contract C02-03-331 with Baker & Taylor, Inc.,- The Board approved the first amendment to contract C02-03-331 with Baker & Taylor, Inc., for Book Leasing Program and authorized the Chairman to sign the amendment as prepared by the County Attorney. 10.COMMUNITY SERVICES A.Approval of Amendment No. 2 to the contract between the State of Florida Department of Health and St. Lucie county for operation of the Health Department - the board approved Amendment No. 2 to the contract and authorized the Chairman to sign all pertinent documents necessary. B.FDOT Joint Participation Agreement Supplement No. 1 which will provide th $275,000 in additional funding of the Intermodal transit facility located at 8 and Avenue D- The Board authorized the Chairman to sign the FDOT JPA Intermodal supplement number one and all the necessary documents pertaining to the grant. 5 C.Approval to execute a sub-recipient and interlocal agreement with the city of Port St. Lucie in order to administer the 2005 Community Development Block Grant Disaster Recovery Program funding in the amount of $1,332,433.00- The Board approved executing a sub-recipient and interlocal agreement with the City of Port St. Lucie in order to administer the 2005 Community Development Block Grant Disaster Recovery Program funding in the amount $1,332,433.00 and authorized the Chairman to sign any necessary documents. D.Approval to execute a sub-recipient and interlocal agreement with the City of Ft. Pierce in order to administer the 2005 Community Development Block Grant Disaster Recovery Program funding in the amount of $1,332,433.00 - The Board approved executing a sub-recipient and interlocal agreement with the City of Ft. Pierce in order to administer the 2005 Community Development Block Grant Disaster Recovery Program funding in the amount of $1,332,433.00 and authorized the Chairman to sign any necessary documents. 11.CENTRAL SERVICES Millennium Marble Tile, Inc.- Contract No. C06-10-675- Release of retainage. Project: Courthouse annex granite façade panels- Mechanically refasten dimensional stone utilizing new anchor system at lower panels (second phase)- The board approved the release of retainage in the amount of $18,780.70, to Millennium Marble Tile for the Courthouse Annex granite facade project, Contract No. C06-10-675. 12.SOLID WASTE Reduction of Retainage from 10% to 5% as per the Contract with ERC General Contracting Services, Inc., and approve Pay Request No. 6 in the amount of $221,806.00- The Board approved the reduction of retainage from 10% to 5% as per the Contract with ERC General Contracting Services, Inc., and approved Pay Request No. 6 in the amount of $221,806.00. REGULAR AGENDA 5.A No public hearings scheduled 6. COUNTY ATTORNEY Joint Site Agreement with St. Lucie County School Board- Relocation of Ft. Pierce Central High School - Consider staff recommendation to approve the Joint Site Agreement and authorized the Chairman to sign the Agreement It was moved by Com. Coward, seconded by Com. Lewis, to approve the Joint Site Agreement with St. Lucie County School Board, and; upon roll call, motion carried unanimously. RA-1 ADMINISTRATION Port St. Lucie Ordinance No, 07-22- Consider staff recommendation to approve and send the attached letter to Mayor Christensen amending Ordinance No. 07-22 to limit the utility service area expansion from the current 5-mile extension to serve only the Allied Universal property on Rangeline Road. The County Attorney gave an update on the issue. He advised the Board the City of Port St. Lucie advised the County they did not wish to provide bulk service to the County for Allied Chemicals. The City of Port St. Lucie also indicated they were going to expand the utility boundaries 5 miles from the existing city limits, to the west of Rangeline Road and north of Midway Road. The County advised the City that in the County’s opinion, the utility transfer agreement entered into in July of 1994 required the County’s consent. 6 In addition, the County created a utility district under Florida Statute Chapter 153 where the city in their own presentation identified it requiring consent. The City approved the first reading of the ordinance at this point. The second reading is scheduled for March 12, 2007. The County has sent a letter to the City requesting they not adopt the Ordinance extending the utility boundary 5 miles west to Rangeline and north of Midway, but restrict it to Allied. The County Attorney advised the Board of their options including initiating a Conflict Resolution. As indicated in the letter to Mayor Christensen, it was suggested Allied be removed from the picture. Com. Grande stated he did not see the two alternatives indicted in the second page of the letter Com. Craft suggested the correction be made on the second page, first paragraph, it should read “City Council” not City Commission. Com. Lewis indicated the two alternatives may be what is being indicated on the first page. Com. Coward stated the term “case by case” basis was not acceptable to him and felt the county needed to pursue the bulk agreement further. He does not wish to create a competing utility and prefers to work with the City of Port St. Lucie in creating a bulk service agreement utilizing additional capacity they have that can be used in our service area by this bulk agreement however, the county would maintain control of area consistent with the land development approval process. If the City does not agree with this then Plan B would be, to set up development agreements with potential developers and pursue our own facility, but he would prefer not to do this. He opposes this language being in the letter. Com. Craft suggested having time to work this issue out with the city in an amicable way. The County Attorney recommended the following language first page second paragraph second to last and last line to read: “to consent to the City providing the County on a bulk basis utility services within the County’s utility service area”. Com. Craft requested this be limited to Allied and not talk about anything else. This would avoid getting lost. He would like to take Allied off the table. Com. Lewis stated she concurred with Com. Coward and she thought the original question was the bulk water. She is not wild about the “case by case” agreement and does think the concept of just Allied being served and taken off the table she would entertain this idea. Com. Craft requested they deal with the letter at this point. Com. Lewis stated she would like to have the “case by case” language deleted from the letter. Com. Grande stated concurred with this direction along with Allied being taken off the table. The County Attorney recommended also adding to the letter this is a unique case and but for our consent they could not provide the service. Only in this limited circumstance and no others and because we have a business who needs service and the city is in a position to provide services is the County consenting. Com. Smith stated he read the letter’s second paragraph as stating the County would still need to consent. 7 The County Attorney stated the County does have the ability to provide service to this area. Com. Craft stated would prefer to leave other issues to the interlocal and not to the letter. The County Attorney recommended the following revisions to the letter per Board direction. 1) striking the sentence containing the term “customer by customer basis”, paragraph 2 last sentence. 2) paragraph 3, after the words “we believe” insert “providing” and delete “that”, continue with “utility service to the existing Allied Universal facility is a unique circumstance.” We would therefore propose to the City that the County would agree to consent, in this limited circumstance under the GDU Agreement and the District Statue to the City providing utility service”. The County Attorney also stated in the first paragraph page two “to change the term to City Council” rather than City Commission”. It was the consensus of the Board to revise the letter addressed to the Mayor of the City of Port St. Lucie as recommended by the County Attorney. The Board had a brief discussion on utilities. The Chairman addressed the meeting held on Friday with regards to the voter referendum on property taxes and the sales tax. There being no further business to be brought before the Board, the meeting was adjourned. ___________________________ Chairman __________________________ Clerk of Circuit Court 8