HomeMy WebLinkAboutBOCC Minutes 06-19-2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: June 19, 2007 Convened: 6:00 p.m.
Adjourned: 8:00 p.m.
Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug
Coward, Charles Grande
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Dan McIntyre, County Attorney, Michael Brillhart, Economic & Strategic
Development Director, Debra Brisson, Parks and Recreation Director, Don West, Public
Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services
Director, Mike Pawley, County Engineer, Diana Lewis, Airport Director, Vanessa
Bessey, Environmental Resources Director, Robert Nix, Growth Management Director,
Millie Delgado-Feliciano, Deputy Clerk
1.MINUTES( 0:50:0)
It was moved by com. Lewis, seconded by Com. Grande, to approve the minutes of the
meeting held June 12, 2007, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
None
3.GENERAL PUBLIC COMMENTS
Mr. John Arena, Ft. Pierce resident, addressed the Board about his experience while
swimming at one of our beaches.
Ms. Pamela Hammer, Reserve resident, addressed the Board with regard to being
informed by an elderly resident that she was not aware of the Trauma Tax issue. She
requested the Board consider having a public forum with each side speaking for 15
minutes and then have it viewed on our county station.
The Media Operations Manager advised the Board they had put together a video
explaining the referendum and the ballot.
The Chairman requested a meaningful presentation be made for the public to view before
the referendum date.
The Media Operations Manager stated he would get together with the Public Information
Officer and see what they could do if the Board so directed.
The Chairman requested he be advised if this could be done.
Com. Coward asked if there was a way to put together a short forum he would be in
favor of this.
Com. Grande concurred with Com. Coward.
4.CONSENT AGENDA
It was moved by Com. Grande, seconded by Com. Lewis, to approve the Consent
Agenda, and; upon roll call, motion carried unanimously.
1
1.WARRANTS
The Board approved Warrant List No. 37.
2.COUNTY ATTORNEY
A.Fair Share Agreement with Hospice Foundation of Martin and St. Lucie, Inc-
The Board approved the Fair Share Agreement with Hospice Foundation and
authorized the Chairman to sign.
B.Palm Breezes Phase 2- Subdivision Improvement Agreement- The board
approved the proposed Subdivision Improvement Agreement with Centex
Homes for Palm Breezes Phase 2 and authorized the Chairman to sign the
Agreement.
C.Florida Communities Trust Indrio North Savannahs Two/FCT Project 06-060-
FF6- Declaration of Restrictive Convenants- The Board approved the
Declaration of Restrictive Covenants, authorized the Chairman to execute the
Agreement and directed staff to record the Agreement in the Public Records
of St. Lucie County, Florida.
D.Contract for Sale and Purchase- Paradise Park Stormwater Improvement- Joel
Rolle Tax ID 1433-701-0307-000/7-Willie Palmer Tax ID 1433-701-0292-
000/8, Ulysess Betts Tax ID 1433-801-0103-000/4, Willie Hunt Tax Id 1433-
701-0247-000/8- The Board approved the Contracts for Sale and Purchase
from Joel Rolle in the amount of $23,000, Ulysess Betts in the a mount of
$33,000 Willie Palmer in the amount of $29,000 and Willie Hunt in the
amount of $35,900 authorized the Chairman to sign the contracts and directed
staff to proceed with the closing and record the Warranty Deed in the Public
Records of St. Lucie County.
3.PUBLIC WORKS
A.Request approval of First Amendment to Work Authorization No. 25 (C00-
03-233) in the amount of $38,148. for additional services, Task 11, with
Camp, Dresser & McKee- The Board approved and authorized the Chair to
sign the First Amendment to Work Authorization No. 25 to Contract C00-03-
233 in the amount of $38,148 for a total contractor amount of $948,478 with
Camp, Dresser & McKee for modifications to the water service plan.
B. Airport Industrial Park M.S.B.U. Wastewater Improvements- FPUA Approval
of Amendment No. 2 to Grant Assistance Agreement LP0301 to extend the
ending date of the agreement to June 30, 2008 and authorize the Chairman to
sign the Agreement.- The Board approved Amendment 2 and authorized the
Chairman to sign the Agreement.
4.ECONOMIC & STRATEGIC DEVELOPMENT
A.Implementation of a policy on coupons for the county’s tourism marketing
efforts- The Board approved the implementation of the coupons policy.
B.Implementation to policy on special offers for the county’s tourism marketing
efforts- The Board approved the implementation of the presented policy on
special offers.
th
C.Approval of the 10 Amendment to Contract C99-03-346- with Clear Channel
th
Outdoor, Inc. f/k/a Eller Media, Inc- The Board approved the 10 Amendment
to C99-03-346 and granted permission for the Chairman to sign the
Amendment as prepared by the County Attorney.
5.AIRPORT
2
Change Order No. 1- Dickerson Florida Inc.- for an additional cost of $9,900 changing
the contract amount from $5,323.348 to $5,333,248 and add 150 days to the contract
time, changing the current completion date to November 14, 2007 for the first phase of
construction for the new runway RW9L/27R- The Board approved Change Order # 1
for Dickerson Florida, and authorized the Chair or designee to execute same.
6.ADMINISTRATION
Chuck’s Seafood Restaurant, Inc- Second Amendment to April 21, 1998 Restatement of
Lease Agreement- The Board approved the proposed Second Amendment to April 21,
1998 Restatement of Lease Agreement with Chuck’s Seafood Restaurant and authorized
the Chairman to sign the amendment.
7.PURCHASING
A.Fixed Asset Inventory Property Record Removal from various St. Lucie
County BOCC Departments- The Board approved the Fixed Asset Inventory
Record Removal from the BOCC .
B.Fixed Asset Inventory Property Record Removal from St. Lucie County Tax
Collector- The Board approved removal from the fixed asset inventory of the
BOCC.
C.Permission to advertise and issue an Invitation to Bid for the sidewalk and
fence for the Historical Museum outdoor Boating and Fishing Heritage
Exhibit- The Board ranted permission to advertise and issue an Invitation to
Bid for the Sidewalk and fence for the Historical Museum outdoor Boating
and Fishing Heritage Exhibit.
8.CENTRAL SERVICES
A.David Brooks Enterprises Inc.- Contract No. C05-12-636- Construction of
New Clerk of Court Building Change Order No.15- The Board approved
Change Order No. 15 to Contract # C05-12-636 with David Brooks
Enterprises, to increase the Owner Direct Purchase Order Allowance an
additional $340,000 decreasing the original contract from $13,280,451 to
$12,940,451 and authorized the Chairman to sign the Change Order as
prepared by the County Attorney.
B.Schenkel Shultz Architecture- Special Needs Shelter/Auditorium-
Amendment No. 2 # C06-03-213- The Board approved Amendment No. 2 to #
C06-03-213 for the design of the Special Needs Shelter/Auditorium to
increase the contract sum $3,850.00 changing the total amount of the contract
sum to $657,872.00. The Board authorized the Chairman to sign the
amendment as prepared by the County Attorney.
9.GUARDIAN AD LITEM
Guardian Ad Litem request approval of Equipment Request # EQ07-336 authorizing
Court Related Technology Funds- The Board approved EQ 07-336 to contract with
Gerelcom Inc., to furnish labor, materials, tool and equipment to install voice and data
cable drops/wiring of the new building to house the Guardian Ad Litem Program from
2007 approved Court Related Technology funds in the amount of $28,197.19.
10.INVESTMENT FOR THE FUTURE
Change Order No. 1 –Kirchman Construction Co. C06-12-795- Pepper Park Restroom
Facilities- The Board approved Kirchman Construction Co. Change Order No. 1
reducing the contract amount of $6,964.13 due to the revised roofing material
specification and authorized the Chairman to sign. The new contract sum will be
$430,099.87.
3
11.PARKS AND RECREATION
A.Treasure Coast Sports Commission Waiver of Fees Request- Lawnwood
Sports Complex and Lakewood Park Regional Park- The Board approved
Treasure Coast Sports Complex request for a waiver of field rental fees at
Lawnwood Sports Complex and Lakewood Park Regional Park in the amount
of $2,160.00 for July 13-15 USSSA Girls Fast Pitch Tournament.
B.Approve Tent Purchase- Lakewood Park Regional Park- Approve Equipment
Request # 07-337 - The Board approved the purchase of a 16’x16’ tent with a
16 oz. Vinyl block out top from local vendor Event Makers at a cost of
$1,465.00 and approve Request # 07-337 and also approved the fee amount of
$50.00 per hour with a two hour minimum.
REGULAR AGENDA
PUBLIC HEARINGS
5.A COUNTY ATTORNEY (0:10:04:0)
Public Hearing- Petition for Abandonment of a portion of Rick Road North of I-95 to
Angle Road Resolution No. 07-022 - Consider staff recommendation to continue the
Public Hearing to a date uncertain as requested by the petitioner. The Petitioner has
agreed to bear all associated costs with the advertising, notifying of the adjacent property
owners and the posting of the subject property.
It was moved by Com. Grande, seconded by Com. Lewis to approve the continuation of
this item for a date uncertain and also the applicant will bear all costs associated with the
advertising, notification of the adjacent property owners and the posting of the subject
property, and; upon roll call, motion carried unanimously.
5.B GROWTH MANAGEMENT (0:12:20:8)
Petition of Top Branch, LLC for a change in zoning from the AG-1 zoning District to
RS-4 zoning district- Draft Resolution No. 07-122- Consider staff recommendation to
approve Draft Resolution No. 07-122 for a change in zoning from the AG-1 Zoning
District to the RS-4 Zoning District.
The Growth Management Director advised the Board he believes the applicant will be
requesting a continuance on this issue.
Mr. Julian Bryant on behalf of the applicant addressed the Board and stated they had
concerns with right of way dedication, and the alignment of the right of way and
requested a 30 day continuance. He would also like to have the opportunity to meet with
area residents.
Com. Grande stated he felt there was a lot that needed to be looked at.
Com. Craft stated he had reviewed the first two plans of this project and was not
impressed. He asked the applicant if they would be willing to go with a “by right”
proposal rather than a PUD. He is inclined to give the applicant more time to work with
the neighbors.
Com. Grande stated he did not have a problem with this being continued and was looking
for the applicant to come back with the best submission possible.
Com. Coward advised those present he had not had contact with the applicant with regard
to the project as stated.
4
Com. Craft recommended the applicant meet with each Commissioner before bringing it
back to the Board meeting.
It was moved by Com. Coward, seconded by Com. Grande, to approve the continuance of
this item for August 7, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and;
upon roll call, motion carried unanimously.
5.C GROWTH MANAGEMENT (0:36:25:2)
Petition of Sabin Companies, Inc. for a 12 month extension of the date of expiration for
the Conditional Use Permit and Major Site Plan approval to allow for the construction
and operation of a 99,688 square foot household goods warehousing and storage mini
warehousing facility in the CG zoning district for property located on the North side of
Edwards Road, Draft Resolution No. 07-124- Consider staff recommendation to approve
the request as contained in Resolution No. 07-124 granting a 12 month extension of the
Development Order and Conditional Use Permit for Martin Self Storage on Edwards
Road .
Mr. Lee Dobbins, representing the applicant addressed the Board and stated they
requested the extension in order to provide time to receive the approvals needed they
have received approval from the South Florida Water Management District.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No.07-
124 granting the 12 month extension, and; upon roll call, motion carried unanimously.
5.D UTILITIES (0:39:51:0)
Establish and adoption of Resolution No. 07-208 authorizing the adjustment of
wastewater and reclaimed water utility rates, fees and charges for customers within the
St. Lucie County Utilities- South Hutchinson Island District Wastewater Utility-
Consider staff recommendation to adopt Resolution No. 07-208 authorizing the
adjustment of wastewater and reclaimed water utility rates, fees and charges for
customers within the St. Lucie County Utility.
The Utilities Director addressed the Board on this item and stated staff reviewed the
operating expenses and the renewal and replacement recommendations made by their
engineering consultants. Based on the projects, the rate increase over two years would be
a cumulative of 140%. She stated the Utility staff being sensitive to the charges to their
customers, while balancing the requirements of the utility system, are proposing adjusting
wastewater rates by a 57.5% increase effective with bills rendered on or after July 1,
2007 which increases the $16.00 per month per equivalent dwelling unit currently
charges to $25.20; and the second rate increase for 15% effective with bills rendered on
or after October 1, 2008. The resolution includes an adjustment to the timing of the
utility bill from quarterly to monthly in arrears, effective October 1, 2007. The monthly
billing is consistent with St. Lucie County’s other Utility District billing. The rates have
not been adjusted since 1997. With the increase this is still the lowest sewer bill in the
area.
Mr. Bill Dowdy, Nettles Island resident presented a letter from the Nettles Island
Community Action Association in opposition to the increase. The letter from Mr. Mark
Boston, President of the Association requested discussing the issue further with staff and
attempt to work out a fair program for the community. The budgets have been completed
at this point and these increases were not included. They cannot afford the increases on
such short notice.
Mr. Dale Pearl, Windmill Village Estates addressed the Board in opposition to the
increase.
Ms. Pat Pasetti, representing 38 associations on the island, addressed the Board and stated
they were shocked at the cost. She questioned if the Board would consider spreading the
cost over a few months.
5
The Utilities Director stated the rates are to cover 100% of the costs and if they did
spread it through a few months, they would not be meeting the bond requirements.
Com. Grande stated the county needed to bend over backwards to put the utility on the
square footing as possible without overburdening the people who are still dealing with
hurricane repairs, insurance and taxes To the best of his knowledge the only impact the
utility would have would be to limit the maintenance of the facility.
Ms. Sharon Shanel, Nettles Island Treasure Coast Council Association, addressed he
Board and stated it would be impossible to accomplish the notification by the July 1,
2007 billing date.
Mr. Bill Blazak, former Utilities Director, stated the residents receive irrigation water at
no cost included in the figures as result of the sewer fees. In looking at the rates the
irrigation cost would have been over half a million dollars to the residents in domestic
water fees the first year and they should look at this over a ten year period. He felt the
Board should consider this when looking at the rates and take this into consideration.
Mr. Dave VanBloyce, Nettles Island, addressed the Board and stated their system is over
35 years old and needs to be re-built. The county’s system is only 9 years old. They have
gone through 3 hurricanes and have had 3 major assessments which have impacted the
island. He recommended spreading the cost out.
The Utilities Director stated with these rates in 2007 they would still not be meeting the
needed revenues, they would be $300,000 short. In 2008 the $78,000 in excess revenues
would moving towards what would be needed by 2011 under the proposed scenario.
Com. Grande recommended the utility come back with a plan as to where they need to be
with a stage set of increases over a five year period.
Com. Lewis stated she was hesitant to extend it over a five year period if the engineers
feel they will need replacement within the next two years. She would like to talk to her
financial analyst with regards to the legal aspect of the bond. She recommended 4 to 6
months time be given to the Homeowners Association rather than the two week billing
st
period due July 1since their budgets are already in place. This may give them time to
get their finances in order.
Com. Smith concurred with a 4 to 6 month extended length of time and is interested in
looking at other alternatives. It is important to take care of the system. He is aware there
are many other residents in the county who must pay their bills when they are due.
The County Administrator advised the Board the county cannot supplement an enterprise
fund, they are a business and stand on their own.
Com. Coward commented on Resolution No. 95-208 approved in 1995 and reviewed
section (F) RATE COVENANT which read: The county will fix, establish and maintain
such rates and collect such fees, rentals or other charges for the services and facilities of
the System, and will revise the same from time to time whenever necessary so as to
provide Net Revenues in each Fiscal Year commencing with the first Fiscal year
beginning after the date of commercial operation of the 1995 Project, equal to one
hundred percent (100%) of (a) the operating expenses for such Fiscal Year, and (b) the
required deposits into the Reserve Account, the Renewal and Replacement Fund and the
debt service account for any Revenue Bonds in such Fiscal Year.
If draws on the Reserve Account or any Reserve Account Credit Facility are ever
necessary the County will revise the rates, fees and charges for the services and facilities
of the System so as to allow restoration of the Reserve Account to the Reserve Account
Requirement within twelve months of the date of such draw.
Com. Coward stated this covenant lays out the obligation and he felt the rates were
competitive and may be the best rates as observed with the information before them.
However, he believes they need to go back and come back with an alternative mechanism
6
with a reasonable time frame. He believes they should increase the rates since the county
has dropped the ball and felt the county needs to address the issue. He recommended an
alternative be brought back to the Board before they vote.
The Utilities Director stated they could work on something and bring it back as soon as
next week. She informed the Board that she had met with Holiday Out Venture 3 and
Nettles Island with regard to the lift stations and in October sent information and they
decided not to do anything because is was not financially feasible for them.
st
The Utilities Director stated they could possibly go out as far as October 1 to implement
st
phase 1 as opposed to July 1 however, she would not recommend going further.
Com. Grande requested the Utilities Director keep in contact with the residents with
regard to the issue.
It was moved by Com. Grande, seconded by Com. Coward, to continue this item on June
26, 2007 and; upon roll call, the vote was as follows: Nay: Smith; Aye’s: Coward,
Grande, Lewis, Craft, motion carried by a vote of 4 to 1.
END OF PUBLIC HEARINGS
6. GROWTH MANAGEMENT (1:26:48:9)
Petition of Gulfstream Developers LLC for Major Site Plan Approval for the project
known as Valencia Country Estates for 68.14 acres of property located on the north side
of Orange Avenue- Draft Resolution No. 07-128- Consider staff recommendation to
approve Draft Resolution No. 07-128 granting Major Site Plan approval for Valencia
Country Estates, a 54 lot subdivision on approximately 68 acres north of Orange Avenue
with 9 conditions.
Mr. Jason Lenard representing the applicant advised the Board their maximum building
height would be 35 feet, two stories and also this is part of the deed restrictions.
It was moved by Com. Coward, seconded by Com. Grande to approve staff
recommendation and Resolution No. 07-128, and; upon roll call, motion carried
unanimously.
BOARD DISCUSSION
The Board discussed the Legislative Delegations decision last week on the Tax Reform
issue.
Com. Craft addressed the issue with the County Administrator and asked what would be
the impact of the rollback that would take place this year. He has balanced the budget
with no tax increase.
st
The County Administrator stated the budget for 2007/2008 effective October 1 2007 is
balanced at the same dollar amount of last year’s budget (2006/2007). The affect of the
decision in Tallahassee and the additional reduction was noted. The County’s were
categorized from the best to the worst. They placed St .Lucie County as one of the worst
and demanded an additional 9% reduction on this year’s budget. Staff is working on a
formula however the information is still sketchy. Staff is also working on a reduction of
the 9% based on increased new construction with the Property Appraiser’s office. The
worst case scenario at 9% is a $15 million reduction from this year’s revenues. The
current calculation would be a $9 million dollar reduction an as of today we are at the $9
million reduction. Recommendations are as follows including the Constitutional
Officers:
The County Administrator stated the affects at this point are as follows:
The Sheriff’s office stated they may have to sell their Trauma helicopter
7
The Supervisor of Elections recommended not hiring Poll Workers and utilizing county
staff for this purpose. Mowing contracts would be affected, the realigning of parks
employees from one area to special needs shelter in order to open it. The County will not
be hiring new employees for Lakewood Park and will be stretching out existing
employees. No new employees will be hired for the new buildings such as the Clerk of
Court building, the special needs shelter and emergency operations center. Lighting of
fields for school events, the County Administrator will ask the School Superintendent if
they could pay the electric bills.
With regard to the referendum scheduled for January, the state has given us a scenario
and we are using that percentage to calculate. There are many new homes who may
apply for the new exemption. This would reduce our budget another $20 million dollars.
At this point we are reducing services and not laying off employees but, if this
referendum is approved the County would need to start a lay off of employees and
reducing more services.
The County Administrator advised the Board in the future the increases would be based
on growth and income which is only 4%. Our inflation factor is greater than 4% which
means our costs will exceed that 4%. He believes we will be going backwards instead of
forward.
The County Attorney stated he would be reviewing the bill and going through the options
the county has at this point.
Com. Coward addressed the unfunded mandates totaling $33 million.
The County Administrator addressed the various unfunded mandates and their affect to
the Sheriff’s budget and the County’s budget.
Com. Coward stated he would like to review those unfunded mandates and expressed his
disappointment on how the state had decided to meddle into this issue at a county level.
He would like to take retaliatory action on the state with regards to these unfunded
mandates they have put upon the local governments and felt they are an unfair burden to
the County.
There being no further business to be brought before the Board, the meeting was
adjourned.
___________________________
Chairman
_________________________
Clerk of the Circuit Court
8