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HomeMy WebLinkAboutBOCC Minutes 05-22-2007 BAORD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 22, 2007 Convened: 9:00 a.m. Adjourned: 12:30 p.m. Commissioners Present: Chairman, Chris Craft, 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, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Marie Gouin, Management and Budget Director, Robert Nix, Growth Management Director, Leo Cordeiro, Solid Waste Director, Mark Godwin, Criminal Justice Coordinator, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Smith, seconded by Com. Lewis, to approve the minutes of the meeting held May 15, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Resolution No. 07-174- Proclaiming the week of June 4, 2007 –June 8, 2007 as “Code Enforcement Officers Appreciation Week” in St. Lucie County . It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 07- 174, and; upon roll call, motion carried unanimously. B.Resolution No. 07-181- Proclaiming the month of May 2007 as “Foster Family Appreciation Month” in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 07-181, and; upon roll call, motion carried unanimously. C.The Firewise Award was presented by the St. Lucie County Fire District and the Department of Environmental Protection. D.A presentation was made by the Sustainable Treasure Inc. Com. Grande was appointed as the ex-officio member of the STC. 3.GENERAL PUBLIC COMMENTS Mr. Herbert Beach, White City resident, addressed the Board regarding the residential aluminum building being constructed in the area. He requested the Board take action to prohibit these types of buildings in residential areas throughout the county. Mr. John Arena, Ft. Pierce resident, addressed the Board with regards to the erosion on the beach and the material utilized to prevent erosion and also the drought issue concerning the wells. Mr. Ron Nepaio Chairman of the Veteran’s Advisory Council addressed the Board and advised them the organization would be presenting the county with another check for the purchase of another van to transport veterans to the West Palm Beach facility. 1 4.CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda to include item CA-1. and; upon roll call, motion carried unanimously. 1.WARRANT The Board approved Warrant List No. 33. 2.COUNTY ATTORNEY A.Extension of Declaration of State of Local Emergency- Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the Declaration. B.Motorola Agreement for the 800 MHz Rebanding- The Board approved the Agreement with Motorola and authorized the Chairman to sign. C.Resolution No. 07-191- The Board approved Resolution No. 07-191 Extending the State of Local Emergency Ban on Open Air Burning in St. Lucie County, and authorized the Chairman to sign. D.Certificate of Participation for the Edwards Bryne Memorial Justice Assistance Grant Program for FY 2007/-08- The Board approved the Certificate of Participation for the Florida Department of Law Enforcement Program and authorized the Chairman to sign . E.First Amendment to Revocable Limited License Agreement- Danella National Inc.- The Board approved the First Amendment to the Revocable Limited License Agreement, authorized the Chairman to sign the Agreement and directed staff to record the Agreement in the Public Records of St. Lucie county, Florida. F.Revocable License Agreement- AMEC Earth & Environmental Inc.- Green Turtle Beach- The Board approved the Revocable License Agreement , authorized the Chairman to sign and instruct AMEC Earth & Environmental to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. G.Celebration Pointe- Road Improvement Agreements- Jenkins Road, Peterson Road and Swain Road - The Board approved the Agreements and authorized the Chairman to sign the Agreements. H.WHIP Contract for Bluefield Ranch Natural Area- The Board approved the contract documents and authorized the Chairman to sign the documents. I.Trauma Awareness Day, Emergency Medical Services for Children Day and Emergency Medical Services Week- The Board recognized St. Lucie County’s emergency medical and trauma center personnel for their accomplishments and contributions to improve public welfare by providing quality, timely and lifesaving services for the citizens and visitors of the community and state. 3.PURCHASING A.Tourism Advertising Services - The Board granted permission to advertise a RFP for Tourism Proposals for Tourism Advertising Services. B.Fixed Asset Inventory Record Removal Property Appraiser- The Board approved removing the records from the fixed asset inventory of the BOCC. 2 C.Fixed Asset Inventory Property Record Removal various St. Lucie County BOCC Departments- The Board approved removing the records from the fixed asset inventory of the BOCC. D.Fixed Asset Inventory Property Record Removal- Guardian Ad Litem- The Board approved removing the records from the fixed asset inventory of the BOCC. E.First Amendment to Contract C06-03-176 with Pinnacle Central Company, Inc.- The Board approved the first amendment to contract CO6-03-176 authorized the Chairman to sign the amendment as prepared by the County Attorney. F.Award of Invitation to Bid No. 07-060– The Board approved awarding Bid No. 07-060 to the lowest responsive responsible bidder Optimum Services, Inc., for the St. Lucie County International Airport’s relocation of existing drainage ditch in the FBO development area. G.Permission to advertise and issue an Invitation to Bid for Phase 2 of the Runway 9L-27R improvements located in the St. Lucie County International Airport- The Board approved advertising and issuing an Invitation to Bid. 4.MANAGEMENT AND BUDGET A.Resolution No. 07-186 – Approval of Resolution No. 07-186 to establish a budget of $5,845,556 for the Special Needs Shelter from the Federal Emergency Management Agency and the Department of Community Affairs - The Board approved Budget Resolution No. 07-186. B.Resolution No. 07-179 Approval of Resolution No. 07-179 to establish a budget for the contribution of $500,000 from the St. Lucie County Fire District for the construction of the Emergency Operations Center- The Board approved Resolution No. 07-179. C.Approval of Resolution No. 07-190 to establish to establish budget of $4,464,385 for the Special Needs Shelter from Insurance Reimbursements- The Board approved Resolution No. 07-190. D.Resolution No. 07-195 to establish budget of $1,800,000 for the Special Needs Shelter from the Florida Department of Community Affairs through the State of Florida Division of Emergency Management- The Board approved Resolution No. 07-195. 5.HUMAN RESOURCES Resolution No. 07-175 – The Board approved Resolution No. 07-175 amending the St. Lucie County Employee Handbook. 6.PUBLIC WORKS th A.Engineering Division- SR 615 S. 25 St., Roadway Widening (Midway Road-Edwards Road) First Amendment to Work Authorization No. 1 (C03- 05-645) with Kimley Horn and Associates, Inc.. to provide additional construction engineering and inspection in the amount of $450,290. This extends the contract through September 30, 2007- The Board approved the First Amendment to Work Authorization No. 1 (C03-05-645). B.Engineering Division-River Hammock Lane MSBU- Potable Water MSBU- Approval of Work Authorization No. 2 to the Agreement for Continuing Engineering Services with Engineering Design & Construction, Inc., in the amount of $20,305 to provide a conceptual design for water service- The Board approved Work Authorization No. 2. 3 C.Canal “D” Project – Approval of Work Authorization No. 4 with Hazen & Sawyer P.C. Consulting Engineers, for Continuing Professional Engineering Services for the Canal D project- The Board approved Work Authorization No. 4 with Hazen & Sawyer and authorized the Chairman to sign. D.Grant Agreement 1A040690 – Approval of a nine month time extension on Grant Agreement 1A040690 with SFWMD for Paradise Park Stormwater Improvement Project extending the grant to December 9, 2007 and Commission Resolution No. 07-193- The Board approved Grant Agreement 1A040690 and Resolution No. 07-193 and authorized the Chairman to sign. E.Local Agency Program Agreement with FDOT- Approval of Local Agency Program Agreement with FDOT for $277,500 for construction of a pedestrian ndrd bridge along Avenue J between 32 and 33 Street and approve Resolution No. 07-171- The Board approved the Local Agency Program Agreement with FDOT and Resolution No. 07-171 and authorized the Chairman to sign. F.Engineering closeout of Work Authorization No. 2 – The Board approved the closing out of Work Authorization No. 2 for the Engineering Department contract (C01-03-309) with Ashbritt, Inc. for hurricane Wilma recovery efforts. The approval of the amendment to Work Authorization No. 2 deducting $2,815,975.15 for service not rendered; and the release of retainage in the amount of $268,260.74 for a total final payment of $269,678.23 and authorized the Chairman to sign. G.Work Authorization No. 4 with Vanus, Inc., for Traffic Impact Study and review of Traffic analysis for Beck Road Turnpike Interchange and Continuing Consultant Services for Traffic Impact Studies- The Board approved Work Authorization No. 4 with Vanus, Inc. in an amount not to exceed $15,000 and authorized the Chairman to sign. 7.PARKS AND RECREATION A.Elks Park Renovation Project- Release of Retainage/Hennis Construction (C06-12-780) Elks Park Renovation Project- The Board approved the request from Hennis Construction for release of retainage in the amount of $12,167.20. B.Fairgrounds ADA Accessibility Renovations- Oglesby Construction and south Florida Concrete Services - The Board approved Oglesby Construction who currently has a contract with the County for stripping improvements to do the Fairgrounds ADA parking lot stripping, approved South Florida Concrete Services, Inc., in the amount of $4,668.35 to complete the sidewalk construction, and approved Universal Signs & Accessories to install handicap parking signs. The Board approved reallocating Impact Fees in the amount of $25,240.85 from the Fairgrounds Ventilation project that will b completed under budget to cover the cost of the Fairgrounds ADA Accessibility Compliance Project. C.Weldon B. Lewis Park- Special Needs Playground Expansion – Approval to piggyback the City of Jacksonville’s Contract with Bliss Products- The Board approved the request to piggyback the City of Jacksonville’s contract in the amount of $81,190.68 with Bliss Products and Services, Inc., for construction of a playground and shade structure at Weldon B. Lewis Park. The Board approved the use of $28,812 remaining from the Weldon B. Lewis Park project and an additional $52,378.68 from park “B” impact fees and approved contract/documents as drafted by the County Attorney and authorized the Chairman to sign. 4 D.Budget Resolution No. 07-194- The Board approved Budget Resolution No. 07-194 accepting $2,127 from WPSL Inc., Christmas Kids for sponsorship of children’s swimming lessons in 2007. E.Request to approval serving alcohol at the Indrio School House Facility- The Board approved Southern Eagle’s request to sell/serve alcohol at Indrio School House facility on June 24, 2007 during its benefit. 8.SHERIFF’S OFFICE Permission to apply for and accept a 2007 Byrne Memorial Justice Assistance Grant from the U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Assistance- The Board authorized the submission of the grant application 2007-F1708-FL-DJ and accepted the award and authorized the County Administrator to sign the electronic grant agreement. 9.ECONOMIC & STRATEGIC DEVELOPMENT Permission to serve alcohol at the UDT Seal Museum during the Tourism Industry Mixer- The Board approved the serving of alcohol at the UDT Seal Museum Industry st Mixer event on June 21 from 4:00 p.m. to 7:30 p.m. 10.CENTRAL SERVICE A.Purchase of a 1995 48’ Dorsey Refrigerated Trailer- Approve Equipment Request # CSEQ07-328-Budget Amendment No. BA 07-053- The Board approved the purchase of the 1995 48’ trailer at a cost of $6,500.00 and approved Equipment Request CSEQ07 and Budget Amendment BA07-053. B.Edllund Dritenbas Binkley Architects 7 Associates –Seventh Amendment to September 1, 2003 Agreement New Clerk of Court Building & Chiller Plant- The Board approved the Seventh Amendment to the September 1, 2003 Agreement (# C03-08-520 to include additional architectural, structural, civil, mechanical and electrical services at the Chiller Plant building at a cost of $19,925.75 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. C.David Brooks Enterprises- Change order no. 11 to C05-12-636- construction of the New Clerk of Court building & Downtown Chiller Plant- The Board approved change Order no. 11 to Contract No. C05-12-636 with David Brooks enterprises to include the Chiller Plant generator revisions and increase the contract sum $642,731.00 for a total contract amount of $13,259,310 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. 11.GROWTH MANAGEMENT Petition of DeNunzzio Investment Group, LLC for a 12 month extension of the date of expiration for the Major Site Plan approval for the project known as International Airport Business Park located on land on the southwest corner of Cayuga Avenue and St. Lucie Blvd., in the IL zoning district, Resolution No. 07-125. - The Board approved the request as contained in Resolution No. 07-125. 12.ENVIRIONMENTAL RESOURCES On February 22, 2005 the BOCC awarded Wilderness Graphics the contract to build and install a St. Lucie River Exhibit for the Oxbow Eco-Center. The original delivery date was set for May 24, 2007. Due to delays stemming from the County’s outside pro bono consultant review of the exhibit and locating replicas of species, they are asking to extend the contract to November 27, 2007- The Board approved the amendment as drafted by the County Attorney’ s office and authorized the Chairman to sign. 5 13.GRANTS/DISASTER RECOVERY A.Staff recommends the BOCC approve the submittal of a pre-proposal grant application to the National Fish and Wildlife Foundation, Marine Debris Prevention and Removal Program, for an amount not to exceed $40,000 to assist in the initiation of an Adopt A Beach Program- The Board approved the submittal of the pre-proposal grant application to the National Fish and Wildlife Foundation, Marine Debris Prevention and Removal program. B.Approve the submittal of a grant application to the US Department of Labor, Employment and Training Administration , Preparing Ex-Offenders for the Workplace Through Beneficiary- Choice Contracting program for an amount not to exceed $800,000 to assist in the enhancement of a Prisoner Re-Entry Program- The Board approved the submittal of the grant application. 14.COMMUNITY SERVICES A.Approval of Budget Resolution # 07-196 to set up a budget to encumber and expend funds in the amount of $1,269,167 for the 2005/2006 FTA Section 5307 grant # FL 90-X616-00- The Board approved Budget Resolution No. 07-196 authorized the expenditure of eligible state and local funds for the require match for operating expenses and authorized the Chairman to sign all documents necessary. B.Approval to accept the award of the 2005/2006 Federal Transit Administration Section 5309 grant Fl 04-0025-00 in the amount of $685,357.00 Budget Resolution 07-197 to set up a budget to encumber and expend funds and approval of the sub grant agreement with council on Aging of St. Lucie, Inc.- The board approved acceptance of the grant award, Budget Resolution # 07- 197 and sub-grant agreement with Council on Aging of St. Lucie Inc., and authorized the Chairman to sign all documents necessary. 15.COURT ADMINISTRATION Request usage of Guardian Ad Litem Technology Reserves and approval of Budget Amendment BA07-058 and Equipment Request EQ07-333- The Board approved Budget amendment BA07-058 and Equipment Request EQ07-333 to increase budget from the Guardian ad Litem Technology reserves for the purchase of computer workstations. These computer workstation will be utilized by the staff. 16.ADMINISTRATION Authorization to hire above mid-range of the pay scale- The Board approved hiring at the requested mid range at the above noted salary. CA-1 ADMINISTRATION Clerk of Courts Building- Interlocal Agreement with City of Ft. Pierce Redevelopment Agency- The Board approved the proposed Interlocal Agreement with City of Ft. Pierce and Fort Pierce Redevelopment Agency and authorized the Chairman to sign the agreement. REGULAR AGENDA 5.NO PUBLIC HEARINGS SCHEDULED 6. COUNTY ATTORNEY Termination of Contract C05-11-705 with Contractor “ Sentencing Alternatives Inc.” - Consider staff recommendation to terminate the contract with Sentencing Alternatives Inc., “without cause” as provided in the “default” section of the contract. 6 The Criminal Justice Coordinator addressed the Board and recommended the contract be terminated. The County Attorney concurred with this recommendation. The Board was advised that the Case Managers would be implementing the new program and the transition should take 30 days. It was moved by Com. Smith, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. 7. ADMINISTRATION/GROWTH MANAGEMENT Community Redevelopment Area-Finding of Necessity Preliminary Report: Kings Highway and Midway Road Corridor Areas- Staff recommends the Board hear the Consultant’s presentation and provide direction on whether to continue the Findings of Necessity Study. Ms. Rosell Saldana, Keith and Schnars, gave the presentation on the Finding of Necessity Preliminary Report. Ms. Arlene Goodman, White City resident, addressed the Board in opposition to the CRA. She advised the Board the residents expressed concern with not being made a part of the CRA discussion and study nor were they informed of such a study taking place. Ms. Pat Ferrick, White City resident, addressed the Board in opposition to the creation of a CRA for White City and stated White City did not meet the blighted and slum area criteria as suggested by the Consultant. She requested this issue be placed on hold. Mr. Shane Blyn, White City resident addressed the Board and stated they did not wish to have the roads extended. He stated the residents who have dirt roads prefer them because they slow down traffic. Mr. John Ferrick, White City resident, addressed the Board and the boundaries from U.S.1 to the east. He felt the study went beyond the original plan in order to find blighted areas. Mr. Jonathan Ferguson, White City resident, addressed the Board and stated White City was not a blighted area and commended the residents of White City. He recommended declining the pursuit of the CRA study for Midway Road. Com. Lewis questioned the affect and power of Eminent Domain in a CRA . The County Attorney advised the Board the Eminent Domain powers within a CRA are different. They are broader, however they are not as broad as they were two years ago when power was eliminated by the Legislature. Com. Craft expressed his concern with what he felt would be unintended consequences with nearly 7 million coming out of our general fund and not knowing what the state may do is of great concern. He felt they must find another way to fund projects. Com. Smith stated the felt they were not talking about doing anything at this point, they are only looking at the area and felt they do not have enough information. He does not understand why the County would consider shutting the door on this issue before all the information is obtained. He felt they would not be leaders and move forward if they were to be concerned about what may happen in the future. Com. Craft stated he felt the CRA binds the county too much and they need to have flexibility to move forward and felt they could do so without a CRA. Com. Grande stated he felt neither of these areas met the criteria for a CRA and if we were to send the consultant to do the next report, they would be sure to receive information moving towards creating a CRA. He believes the CRA will increase the tax burden on the other communities. 7 Com. Coward stated he was a big fan of CRA creation. He felt they must invest in an area if they want to make it special. He stated condemnation is not an issue in his mind however he did feel they did not go about the study in the correct manner. The public should have been involved from the beginning. He felt torn seeing the broad benefits if they proceed. He would like for them to slow down and work directly with the residents. Com. Grande stated you cannot compare White City to downtown Ft. Pierce and stated he would not support moving forward. He felt neither of the areas meet the criteria. Com. Craft recommended staff come back with a report. Com. Lewis stated funding needs to come from a specific area and would like to see more information and is more inclined to think that Kings Highway is more of an area for a CRA than White City. Com. Coward stated they needed a citizen driven master plan and to not leave it to the market. He is concerned they will be missing the opportunity to re-develop White City. Com. Coward requested the consultant provide boundaries best suited for the program. It was moved by Com. Smith, seconded by Com. Lewis, to move forward with the study instructing the consultant to provide boundaries best suited for the program and they not be bound by the language of the RFP giving the consultant flexibility and to include public involvement in phase 3, and; upon roll call, the vote was as follows: Nay’s: Craft, Grande; Aye’s: Coward, Smith, Lewis, motion carried by a vote of 3 to 2. 8. COUNTY ATTORNEY Resolution No. 07-090 Authorizing Lease-Purchase of Water Conservation Equipment for Rock Road Jail Facilities with Citimortgage, Inc.,- Consider staff recommendation to adopt Resolution No. 07-090 and authorize the Chairman to sign. It was moved by Com. Smith, seconded by com. Lewis, to approve Resolution No. 07- 090, and; upon roll call, motion carried unanimously. 9. GROWTH MANAGEMENT Petition of Mercedes homes for a review of the proposed landscape plan for the project known as Celebration Pointe PUD located at the southeast corner of the intersection of Peterson Road and South Jenkins Road- Consider staff recommendation to review the proposed landscape plan and direct staff accordingly. The Growth Management Director advised the Board the now have oversized trees in the plan and the Environmental Department die not have a problem with this fact. The Environmental Resources Director stated the plan exceeds the minimum code requirements. Mr. Pat Langel area resident, addressed the berm and the buffer. He felt they were providing what the Board required of the developer. It was moved by Com. Coward, seconded by Com. Lewis, to approve the proposed landscape plan, and; upon roll call, motion carried unanimously. 10. GROWTH MANAGEMENT Petition of Mercedes Homes for final plat approval for the project known as Celebration Pointe PUD. This project is located at the southeast corner of the intersection of Peterson Road and North Jenkins Road in the PUD zoning district. The project consists of 755 units on 147.14 acres. 8 It was moved by Com. Smith, seconded by Com. Grande, to approve the final plat for the project known as Celebration Pointe, and; upon roll call, motion carried unanimously. 11. COUNTY ATTORNEY Interlocal Agreement- TVC- This item was pulled. 12. ADMINISTRATION Staff recommendation to reduce staff level in the Building and Zoning Division by 5 personnel- Consider staff recommendation to approve a reduction of 5 personnel from the Building and Zoning Division as identified in the attached memorandum from Chris Lestrange, Code Compliance Manager. The layoff would be effective 60 days from today (July 20, 2007). This will result in a savings of approximately $350,000 for the Building and Zoning Division. It was moved by Com. Grande, seconded by Com. Smith, to approve staff recommendation, and; upon roll call, motion carried unanimously. 13. COUNTY ATTORNEY Master Agreement for Demand Side Management and Energy Efficiency Services- Consider staff recommendation to approve the Agreement and authorize the Chairman to sign. It was moved by Com. Coward, seconded by Com. Smith, to approve the Master Agreement and authorize the Chairman to sign, and; upon roll call, motion carried unanimously. 14. ADMINISTRATION Staff recommends that the Board consider the delay of specific non-critical projects. The funding for the projects is $2,418,306.- Consider staff recommendation to delay funding of specific Capital projects identified in the attached staff report. The dollar value of those projects is $2,418,306. It was the consensus of the Board to continue the discussion on this issue at Friday’s informal meeting. No action taken. RA-1. ADMINISTRATION Commercial/Industrial Permitting Fast Track Policy- Consider staff recommendation with regard to the policy to fast track targeted industrial and commercial developments and establish a permitting hierarchy for other permit applications. It was moved by Com. Coward, seconded by Com. Smith 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