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HomeMy WebLinkAboutBOCC Minutes 06-12-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 12, 2007 Convened: 9:00 a.m. Adjourned: 12:10 p.m. Commissioners Present: Chris Craft, Chairman, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Lauri Case, Utilities Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Marie Gouin M & B Director, Beth Ryder, Community Services Director, Roger Shinn, Central Services Director, Jack Southard, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held June 5, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATION PRESENTATIONS None 3.GENERAL PUBLIC COMMENTS Mr. Michael Jacquin, Jacquin and Sons, addressed the Board with regard to item AR-1. He advised the Board he had received a fax from the County Administrator providing the back up material presented to the Board. The County Administrator advised the Board they had received state funding for the majority of the project and this was one project on a fast track due to the fact the facility has to be in operation by June of 2008. The Purchasing Director addressed the process of the RFP and stated the pre-qualification meeting was mandatory and advised the Board that there are 6 ways the applicants are notified of the process. Mr. Jacquin stated he felt he had been mislead on the information he had received. His company did in fact submit the bid as required, however they did not attend the mandatory meeting. He stated staff had advised him there was not a reason to worry about the project until September. The County Attorney advised the Board his formal recommendation is in support of staff recommendation. Mr. Craig Mundt, N. A-1-A resident, addressed the Board with regard to the Trauma Center Tax proposal. He advised the Board the Polish American Club had scheduled a discussion on the item for June 14, 2007 and they have invited Lawnwood Medical Center to attend. He also advised the Board Lawnwood Hospital and St. Lucie Medical Center had a record profit of $28 million according to the newspaper. Mr. Frank Andrews, Director of the Humane Society, addressed the Board and advised everyone June is “Adopt A Cat “ month. The Society had received a grant making it possible to reduce adoption to one half the price . 1 4.CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda as amended, (item C-2 had been pulled) and item CA1 and CA2 added, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 36. 2.COUNTY ATTORNEY Resolution No. 07-200- Extending State of Local Emergency- this item was pulled. 3.PURCHASING A.Request Board approval of the following short listed firms - The Board approved the short listed firms and approved conducting oral presentations to ran the short listed firms for fee and contract negotiations from RFQ 07-047, Geotechnical Engineering Services Continuing Contracts. B.Request Board approval of the short listed firms- The Board approved the short listed firms and approved conducting oral presentations to rank the short listed firm for fee and contract negotiations from RFQ # 07-044 , Stormwater Management Design and Permitting Services Continuing Contracts. C.Permission to negotiate fees with firms from Request for Qualifications # 07- 042 Construction Management Services Continuing Contracts, and if negotiations are successful, to award contracts to the following firms: FIRM LIST Inwood Consulting, Inc. Arcadis Stanley Consultants, Inc. LBF&H, Inc. TBE Group, Inc. Keith & Schnars The Board approved negotiating fees with the successful firms selected after performing oral presentations for RFQ # 07-042, Construction Management Services Continuing Contracts; and if negotiations are successful, to award contracts to the successful firms listed above and authorized the Chairman to sign the contracts as prepared by the County. D.Permission to ask the Florida Association of Counties to support the Resolution adopted by the Florida Association of Public Purchasing Officers amending Section 287.055F.S. as stated- The Board approved staff recommendation to ask the Florida Assn. Of Counties to support the Resolution adopted b the FAPPO amending Section 287.055 as stated. 4.PARKS REFERENDUM Release of Retainage- The Collage Companies (C06-06-334) Lawnwood Sports Complex Soccer Fields- The Board approved the Collage Companies request to release 2 retainage in the amount of $41,387.25 due to completion of the Lawnwood Complex soccer field projects. 5.SHERIFF’S OFFICE Permission to apply for a 2007 COPS Secure Our Schools grant from the U.S. Department of Justice, Office of Community Oriented Policing Services- The Board approved the St. Lucie County Sheriff’s office submission of the application for the 2007 COPS Secure Our Schools Grant and authorized the County Administrator to sign the application. 6.PARKS AND RECREATION A.Contract with Weed and Seed of St. Lucie County- The Board granted permission to apply for funding from Weed and Seed of St. Lucie County to enroll 48 children in Parks and Recreation summer camps and authorized the Chairman to sign the contract. B.Change Fund for Lakewood Park Pool- The Board approved a $50. change fund for the new Lakewood Park Regional Park Pool. C.Permission to advertise the removal and replacement of asbestos sidings (Parks Division) Will Fee Road compound- The Board approved Budget Amendment No. BA07-060 and use $35K from the General Fund Contingency to advertise for bid and remove/replace the sidings on the two small structures at the Will Fee Road Compound. 7.COURT ADMINISTRATION Resolution No. 07-205 and Equipment Request No. 07-335 - The Board approved Resolution No. 07-205 and Equipment Request No. 07-335 to purchase CourtSmart equipment necessary to complete the new digital court reporting system in Martin and Okeechobee Counties in the amount of $58,504 approved by the Okeechobee BOCC on May 24, 2007 and $105,540 approved by the Martin County BOCC on May 22, 2007. 8.HUMAN RESOURCES Resolution No. 07-204 - The Board approved Resolution No. 07-204 to correct Scrivener error in Section 2.02 of the Employee Handbook, Titled: Staff reduction, and Section 4.09 of the Employee Handbook, Titled: Harassment Policy. 9.GRANTS A.Submittal of grant application to the National Coastal Wetlands Conservation for funds in the amount of $1,000,000 from the U.S. Dept. of the Interior- The Board authorized the submittal of the National Coastal Wetlands Conservation Grant application for Harbor Branch Preserve project and the acceptance of the grant if it is awarded. B.Submittal of grant application to the Florida Department of Community Affairs, Division of Emergency Management, Residential Construction Mitigation program requesting an amount not to exceed $200,000 to further a program to provide wind resistant remedies for low income homes- The Board approved the submittal of the grant application to the Florida Department of Community Affairs and authorized accepting the grant if awarded. 10.AIRPORT A.Approval of Budget Resolution No. 07-198 for Supplemental Joint Participation Agreement with the FDOT for the Parallel Runway 9L/27R Design/Construction- The Board approved Budget Resolution No. 07-198 for 3 the FDOT Joint Participation Agreement in the amended total amount of $186,716 (FDOT $93,358; Local $93,358) for the design and construction of parallel Runway 9L/27R for the St. Lucie county International Airport and authorized the Chairman or designee to execute same. B.Request the Board approve Change Order No. 7 Dickerson Florida- The Board approved Change Order No. 7 for Dickerson Florida for a decrease in final contract cost of $29,756.64 changing the contract amount from $4,451,276.08 to $4,421,519.44 with no additional time and approved the final invoice and release of retainage on Contract No. C05-03-077 for the infrastructure construction of Phase 1 of Airport West Commerce Park and authorized the Chairman or designee to execute the same. 11.PUBLIC WORKS A.Accept Lakehurst Drive project- The Board authorized the Chairman accepting the Lakehurst Drive project which was completed in general accordance with the plans and specifications and to provide final payment and release of retainage to contract C06-02-168 in the amount of $27,187.50 to Jonson Davis, Inc. deducting $400.00 for overtime requested by the contractor from the invoiced amount and approved change order number 2 deducting $16,307.50 for service not required. B.Contract with LBFH Inc., to provide professional consultation services with respect to permitting and related project impacts to St. Lucie County’s Canal 103.- The Board approved the contract with LBFH and authorize the Chairman to sign. C.Request Board approval of Hazard Mitigation Grant with FEMA for $222,816.00 to assist in design of Lakewood Park Stormwater Drainage and Improvement project- The Board approved the Hazard Mitigation Grant with FEMA and approved Resolution No. 07-203 and signature by the Chairman. 12.COMMUNITY SERVICES A.Submission of a Service Development grant to FDOT for implementation of a new fixed route in St. Lucie West- The Board approved submitting the Service Development Grant for marketing and operating a fixed route in St. Lucie West. B.Authorize staff to submit a grant application to the FDOT Corridor grant program to implement transit service connecting St. Lucie County and Indian River County- The Board approved staff submitting the grant application to the FDOT Transit Corridor grant program. 13.CENTRAL SERVCES David Brooks Enterprises, Inc.- Change Order No. 13 to C05-12-636- Change Order No. 14 to C05-12-636- Construction of the New Clerk of Court Building & Downtown Chiller Plant - The Board approved Change Order No. 13 to Contract C05-12-636 David Brooks enterprises to increase the contract sum $42,751; the new contract sum will be $13,302.061- Change Order No. 14 to Contract No. C05-12-636 David Brooks enterprises to decrease the contract sum $21,610; the new contract sum will be $13,280,451 and authorized the Chairman to sign the change orders as prepared by the County Attorney. CA-1 INVESTMENT FOR THE FUTURE (Revised Agenda # C-11 May 8, 2007)- The Board approved thee Interlocal Agreement for Contribution/School Board/Dan McCarty Middle School for parking area improvements as drafted by the School board’s Attorney and reviewed by the County Attorney and authorized the Chairman to sign. 4 CA-2 PARKS REFERENDUM Change Order No. 5 – Recreation Design & Construction C04-07-655- Lakewood Park Regional Park Project- The Board approved Change Order No. 5 with Design & Construction (C04-07-655) in the amount of $447,586 for construction of new “revised” turn lane for the Lakewood Park Regional Park and authorized the Chairman to sign. The new contract sum will be $9,044,268. REGULAR AGENDA RA-1 PURCHASING Request for Qualifications # 07-052 Emergency Operations Center construction Contractor Pre-Qualification; Disqualification of Contractor- Consider staff recommendation to uphold Staff’s determination to disqualify Jacquin & sons, Inc., from bidding on the construction of the new emergency Operations Center. It was moved by Com. Lewis, seconded by Com. Grande, to approve staff recommendation, and; upon roll call, motion carried unanimously. REGULAR 5. A No public hearings scheduled 6. ADMINISTRATION (42:00) Rural Land Stewardship Area Program Monthly Status Update- Consider staff recommendation to accept the status report and provide discussion if needed. The Assistant County Administrator addressed the Board and gave the monthly status update. She advised the Board of the correction on page 2 of the back up material provide. The Assistant County Administrator advised the Board of the correction under upcoming actions where it stated the item of the Independent Special District is scheduled to come before the Board on July 3, 2007. The Board will hear this item after the hearing the DRI, SRA and SSA items which are scheduled for November of 2007 and she estimates the time period to be in early 2008. Com. Grande stated it was unfortunate this item was scheduled today especially before item seven and any significant discussion with the state. He believes this item may have the largest impact tax wise on the county. He believes the Board should have the opportunity to reconsider this project as a whole and the impact it would have on the county. 7.ADMINISTRATION GROWTH MANAGEMENT Discussion on Growth Management operations. The Assistant County Administrator addressed the Board on this item and alluded to the memo dated June 7, 2007 and reviewed Exhibit 1 regarding applications active. The Growth Management Director addressed the staffing of the department versus the receipt of applications and its affects. He stated with the resources they have in house at this time it is impossible to keep up with the applications as they continue to increase and approve productivity. They are having difficulty processing the applications they are receiving each month. 5 The Assistant County Administrator advised the Board they have not been able to have staff for the TDR and the Guidelines for Fast Tracking. Com. Coward stated he did not recall requesting additional staff for these items, but requested the application in the pipeline be prioritized. The Assistant County Administrator stated she believes those already in the pipe line with regard to the fast tracking commercial/industrial projects are being prioritized. Com. Craft questioned if Senate Bill 360 and House Bill 7203 were time sensitive. The Asst. County Administrator stated the time line varies. The Growth Management Director stated the House Bill 7203 was signed into law this year and those changes need to be made as soon as possible. The due date for compliance runs from December 2007 through December 2008 and they must show financial feasibility by December of 2008. There are a number of things that will hit immediate through the end of 2008. Senate Bill 360 was passed in 2004 and must be met by November of 2008 the School Board is taking the lead on this issue and they are working with the consultant and the School Board on this issue. These are the primary deadlines. The Asst. County Administrator stated with the administrative actions taken, they continue to have challenges with the workload within the department. Com. Grande stated the intake in applications may be one of the causes for the problem, especially with LDR Chapters 10, 11 and 12 being adopted also the Comp Plan changes particularly in the area to Growth Management and asked if there were some applicants attempting to go through the old system before the changes are made. He asked if they had any sense of what the numbers would be for applications impacted by the changes. The Growth Management Director stated the amendment either accompany the applications proposed by the Board at some time in advance of the application or were proposed by staff after the applications came in. There are 9 applications affected by what the Board had suggested. It is not unusual to see such activity under current market conditions. Com. Coward stated he would like the application fees to cover the staff review time. The Asst. County Administrator stated they have been reviewing these issues for some time and the fees do not cover the cost of staff time. The issue will be re-visited in the future and depending on the outcome of this discussion they will come back with a detailed plan to actually get this done. Com. Coward asked what was being charged for staff review for the Rural Land Stewardship program and the large developments. The Growth Management Director stated there was no additional fee at this time and they are still waiting for contribution by the developers. Com. Coward stated this was a key issue that needs to be looked at and have the development team pay fully what would be the impact on the taxpayer. Com. Coward also suggested the review of other jurisdiction projects should be placed on the back burner. Public Comment 2:00:00 Mr. Jeff Furst, Property Appraiser addressed the Board with regards to unfunded mandates and stated these developments create a tremendous workload on his office. These projects take a lot of expertise personnel and the revenue loss can be tremendous if they do not keep on top of this issue. 6 Ms. Susie Caron, Indrio Road resident, addressed the Board and recommended prioritizing applications and not over burdening staff. She felt it was important these applications be done correctly. Mr. Skeet Jornegan, Community and Economic Development Council and stated he felt development of professional staff is something that needs to be addressed. He stated he supported deferral of some items and it would be important for the Board to decide to what extent and time the items should be deferred. He also questioned the interim Code changes recommended and stated it is presently difficult to get current information on the Comp Plan documents and felt it may be better to have permanent code changes rather than temporary ones. He recommended expediting the hiring process to get the needed planning professionals on board. He is opposed to a moratorium on new applications and would like to have future discussions should this be considered. Ms. Pam Hammer, P & Z Board stated she supported the 12 month stop gap as recommended by the Asst. County Administrator. She stated there are 93 applications presently and they would be looking at 8 applications per month and this is more than what the Planning and Zoning Board can handle. She also commented on the water issue and being in a sever drought situation and where will the water come from for these additional roof tops. Ms. Bobbi Conte, Port St. Lucie resident, addressed the Board and stated the Board needed to look at what has happened to this department. The department must make sure they have the resources and the time to think. She supported the Stop Gap Ordinance. Mr. Craig Mundt, North Hutchinson Island resident, addressed the Board and stated there was a problem and thanked both Mr. Nix and Ms. Outlaw for the breakdown provided so that the problem was understood. Ms. Noreen Dwyer, Ruden. McCloskey Law Firm, addressed the Board and stated her opposition to the moratorium or the Stop Gap Ordinance. She felt it unfairly burdens some sectors in the area and felt there were manageable things that could be done to assist the process. (2:17:51) Com. Grande stated there were some members of the industry who came forward with what they thought were rational requests such as eliminate wetlands and also have the back yards counted as open space. These types of requests slow the process down and he requested their assistance on these issues. (2:20:29) Com. Coward stated St. Lucie County has never implemented a moratorium and it was implicated that the TVC was a form of moratorium. The County put in place the Stop Gap Ordinance that dealt specially with requests for speculative land development outside the urban service boundary. This did not stop all applications. (2:22:18) Com. Smith stated he would like for the county to provide better customer service and get the process rolling. He supported moving forward with the stop gap ordinance for what ever time necessary. This would mean an applicant can come into our office and submit the application and receive a response in a timely manner. The Asst. County Administrator stated customer service is one of her concerns. The challenge they face under the Code is that they must meet certain targets. If there is a back log that continues to come through the door, they may not be getting processed in the time allowed by the Code. The stop gap ordinance would take out the attorney’s ability to continually send letters stating the staff did not review the applications in a timely manner which take time to read and answer. 7 Com. Coward questioned if a distinction was needed to be made as to where to apply the Stop Gap Ordinance. (2:29:40) The County Attorney stated there is a problem with volume of application not just what they are. Trying to establish by area would be difficult. They need to look at the type of application and how long it would take staff. Com. Coward questioned the number of projects out there today. The Growth Management Director stated there are 41 PUD’s presently that he is aware of. Com. Coward stated he believed there were thousands of speculative projects out there. Com. Grande stated he concurred with the County Attorney. He felt rather than location it should be by category. He expressed his interest in speaking with the prior speaker on entitlements. The County Administrator stated there are targeted industries they are working on bringing into the county. Com. Lewis stated she would be more comfortable moving ahead with the Stop Gap as opposed to categorizing. Com. Smith concurred with Com. Lewis, he believes there are ways to ameliorate the issues. He understands the needs of the department as well development and the Board. Com. Grande stated he believes what he is hearing is if you are coming to into the TVC under existing entitlements “welcome”. But if you are coming in asking for more, they will need to hold up until inventory is cleared up. Com. Coward stated he sees a difference in what they are discussing today as opposed to the TVC Stop Gap Ordinance. He believes he is hearing they would put all new applications including those entitles would be put on hold for a specific period of time. He believes they should look more closely at what was done in the TVC. Com. Smith stated this area is not a specific area, it is everywhere in the county and this makes it different from the TVC. Com. Lewis stated she would like to see staff’s pile get lower before accepting any more applications. She is uncomfortable in setting up categories. The Growth management Director stated they need to look at immediate hit on portion of the code, to establish order of processing applications when they come in and rate they will be processed. Com. Craft stated his concerns with the consequences and how do they work with the 2 cities. He does not want development to go to the cities and ask to be annexed. He recommended staff work with the County Attorney and have conversation with the cities in order to get arms around what it going on. He is hesitant about making a decision today. Com. Lewis recommended staff bringing back the Ordinance when completed for Board review. Com. Coward stated staff could use the categories in the comp plan and Board policy and use it to refine this. They are talking more about a moratorium rather than a Stop Gap Ordinance. They are talking about stopping all development. He believes they need to bring this back for further discussion. 8 Com. Smith stated he was having a problem with the fairness issue and he wants to make sure whatever the Board comes back with meets the legal muster. Staff was directed to proceed with drafting the Stop Gap Ordinance and interim code changes and bring it back to the Board as soon as possible for review. Com. Craft requested the item be walked through to every Commissioner. Com. Grande questioned if there would be categorization. Com. Coward stated he believes there was a consensus with regard to the refinement of categories within the law. Com. Grande stated he would like the initial cut of categorization to be submitted by the Attorney. The Asst. County Administrator requested clarification with regards to the other deferring review of applications by other jurisdiction and if the Comp Plan changes not made by the Board were to be dropped. Com. Craft stated he would like those changes be dropped. Com. Coward stated he would like to have more discussion on those issues before deciding to drop them. Com. Grande stated he concurs with Com. Coward and is hesitant to just say throw them out without discussion. Com. Lewis state she did not wish to encourage forms of development that they previously did not encourage. Com. Coward stated the felt there were different categories, i.e. zoning, land use and speculation. He believes categorization is import and does not believe in a blanket policy. Com. Coward asked to leave in the Neighborhood Charrette and place the others on hold as noted on page 4. 8.ADMINISTRATION North Fork St. Lucie River Acquatic Preserve Management Plan revision- Consider staff recommendation to appoint Commissioner Coward or designee to participate on the Advisory Committee for the North Fork St. Lucie Acquatic Preserve Management Plan revision. It was moved by Com Grande, seconded by Com. Smith to appoint Com. Doug Coward to participate on the Advisory Committee, 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