HomeMy WebLinkAboutBOCC Minutes 06-26-2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: June 26, 2007 Convened: 9:00 a.m.
Adjourned: 12:45 p.m.
Commissioners Present: Chairman, Chris Craft, Joseph Smith, Doug Coward, Paula A.
Lewis, Charles Grande
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst . County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Michael Brillhart, Eco. & Strategic Development Director, Debra Brisson, Park
and Rec. Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth
Ryder, Community Services Director, Marie Gouin, M & B Director, Jim David,
Mosquito Control Director, Neil Appel, Purchasing Director, Diana Lewis, Airport
Director, Roger Shinn, Central Services Director, Dennis Wetzel, IT Director, Jeff Furst,
Property Appraiser, Richard Bouchard, Erosion Manager, Vanessa Bessey Environmental
Resources Director, Millie Delgado-Feliciano, Deputy Clerk
1.MINUTES ( 02:19:01)
It was moved by Com. Grande, seconded by Com. Smith, to approve the minutes of the
meeting held June 19, 2007, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
A.Resolution No. 07-206 Proclaiming June 29, 2007 as “Clean Beaches Week”
in St. Lucie County, Florida.
It was moved by Com. Lewis, seconded by Com. Smith to approve Resolution No. 07-
206, and; upon roll call, motion carried unanimously.
B.Resolution No 07-207 – Proclaiming the month of July 2007 as “Recreation
and Parks Month” in St. Lucie County, Florida.
It was moved by Com. Smith, seconded by Com. Grande, to approve Resolution No. 07-
207, and; upon roll call, motion carried unanimously.
C.Resolution No. 07-210- Proclaiming the week of June 25, 2007 as “St. Lucie
County Firefighter Appreciation Week” in St. Lucie County, Florida.
It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No.
07-210, and; upon roll call, motion carried unanimously.
D.Workforce Housing Task Force Presentation- Consider staff recommendation
to move forward with the Workforce Housing Task Force recommendations
and authorize the Chairman to sign all necessary documents.
No action taken.
3.GENERAL PUBLIC COMMENTS
Ms. Judy Keaton, St. Lucie Fair Association, presented the Board with their first
installment of $10,000 towards their $50,000 contribution.
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Mr. Jay Luceda, Youth Conservation Corps addressed the Board’s question with regard
to item 4-H. He advised the Board of the benefits of the program with today’s troubled
youth and young adults. They provide employment experience and encourage school
drop outs to obtain their GED’s.
4.CONSENT AGENDA
It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda
to include the Addition of CA-1 and item C4-C pulled, and; upon roll call, motion carried
unanimously.
1.WARRANTS
The Board approved Warrant List No. 38.
2.COUNTY ATTORNEY
A.Perpetual Conservation Easement- Round Island Plantation, LLC- Resolution
No. 07-209- The Board accepted the Perpetual Conservation Easement,
authorized the Chairman to sign Resolution No. 07-209 and directed staff to
record the documents in the Public Records of St. Lucie County, Florida.
B.First Amendment to Lease from Peacock University, LLC for Guardian Ad
Litem Program- The Board approved the First Amendment to the Lease and
authorized the Chairman to sign.
C.Permission to Advertise – Ordinance No, 07-016 Amending Occupational
License Fees to change the Name to Business Tax and Increase Fees by 5%
Pursuant to Section 205.0535, Florida Statutes- The Board granted
permission to advertise proposed Ordinance No. 07-016 for public hearings on
August 7, 2007 at 6:00 p.m. and September 4, 2007 at 6:00 p.m. or as soon
thereafter as it may be heard.
3.PUBLIC SAFETY
A.Commercial Wireless Router System- The Board approved Budget
Amendment BA 07-061 and Equipment Request EQ07-339 in the amount of
$6,832.00.
B.Professional Services Agreement with Treasure Coast Regional Planning
Council- The Provision of Technical Assistance for the 2006 Homeland
Security Grant Program- The Board approved the Professional Services
Agreement with the Treasure Coast Regional Planning Council.
4.PUBLIC WORKS
A.Building and Zoning Division- Request the Board of County Commissioners
give permission to advertise for a public hearing on August 14, 2007 to
declare the structure at 7909 Paso Robles Blvd., Ft. Pierce Fla., an unsafe
building- The Board approved advertising the Public Hearing.
B.Approval for Change Order No. 1 for Sheltra & Son- The Board approved
Change Order No. 1 for Sheltra & Son Construction inc., for Taylor Creek
Spoil Site Removal in the amount of $121,392.00.
C.Engineering Division- Airport Industrial Park MSBU- this item was pulled.
D.Engineering Division- Amendment No. 12 to the Consultant Agreement with
Inwood Consulting Engineers to provide post –design consulting services
related to construction as needed through December 31, 2008 for the S. 25th
St., Roadway Widening Project.- The Board approved Amendment No. 12
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with Inwood Consulting Engineers in an amount not to exceed $50,000 and
authorized the Chairman to sign.
E.Engineering Division- Amendment No 2 to JPA ANX -76 with FDOT for
Hurricane Jeanne Repairs- This modification removes $2,865,664.88 in
unneeded funding from the agreement and redistributes funding for under-
budgeted project, so that they are fully funded- The Board approved
Amendment No. 2.
F.Engineering Division- Acceptance of a reimbursement agreement for
$1,081,502.00 from the Florida Department of Transportation for the recovery
effort from Hurricane Wilma’s debris removal washouts and bridge,
Resolution No. 07-039- The Board approved accepting the reimbursement
agreement for $1,081,502.00 from the FDOT for the recovery effort from
Hurricane Wilma’s debris removal, washouts and bridge repairs and approve
Resolution No, 07-039 authorizing execution of the JPA and authorized the
Chairman to sign.
G.Engineering Division- Accept the project, release retainage and make final
payment in the amount of $84,345.33 to Atlantic Skanska, Inc. for the Gordy
Road Recreation Area- The Board accepted the project, released retainage
and approve making final payment to Atlantic Skanska, Inc., in the amount of
$84, 354.33.
H.Road and Bridge Division- The Board approved a Bid Waiver and awarded a
contract to Florida Youth Conservation Corps to repair/replace guardrail on
Orange Avenue in the amount not to exceed $190,000.
5.PARKS AND RECREATION
A.Addendum to Concession Lease Agreement C06-04-447/Lakewood Park
Regional Park- The Board approved the addition of the Lakewood Park
Regional site to Concession Lease Agreement C06-04-447 approved the
revised procedure and contract language in ARTICLE 2-2.01, approved the
amended Concession Lease Agreement as drafted by the County Attorney and
authorized the Chairman to sign.
B.Addendum to Concession Lease Agreement C05-08-447/South County
Stadium- The Board approved the amendment to Agreement No. C05-08-447
extending the term through September 16, 2008, approved the revised
procedure and contract language in ARTICLE 2-2.01, approved the amended
Concession Lease Agreement as drafted by the County Attorney and
authorized the Chairman to sign.
C.Approve Amendment to Lawnwood Recreation Area, PH.II FRDAP Project #
F07109 Agreement F7109- The Board approved the Amendment to Phase II
improvements funded by a Florida Recreation Development Assistance
Program Grant.
D.Lawnwood Complex Skate Park Donation Acceptance- The Board approved
accepting the $150.00 donation from Spunky’s Surf Shop for the Lawnwood
Skate Park project.
E.Waiver of fees/Ft. Pierce Main Street – The Board approved the wavier of
fees for Ft. Pierce Main Street for use of Veterans Park to host a Fourth of
July festival and also approved the sale and consumption of alcohol as part of
the event.
6.SHERIFF’S OFFICE-
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Request for authorization to submit an electronic application for the State Criminal Alien
Grant 2007- The Board approved the electronic submission of the 2007 State Criminal
Alien Grant application, and authorized the County Administrator to sign the application.
7.GRANTS
Work Authorization No. 11- The Board approved Work Authorization No. 11 (Contract
05-04-190) with LBFH Inc., and the expenditure of $40,960 for boundary surveying and
mapping services for the Heathcote project.
8.ENVIRONMENTAL RESOURCES
A.Indian River Drive restoration project - Staff requests the Board approve
Change Order No. 3 and final reducing contract amount by ($1,881,345.85) to
$3,267,366.15 and reducing the contract quantities as listed and release the
remaining 5% retainage- The Board approved Change Order No. 3 and final
reducing the contract amount by $1,881,345.85 to $3,267,366.15 and reducing
the contract quantities as listed. The Board also approved releasing the
remaining 5% retainage in the amount of $163,543.31 and finalized the
project.
B.Request of applicants, SLC BOCC for an exemption from the requirements of
Section 11.02.09 (A)(5) St. Lucie County Land Development Code, to prepare
an Environmental Impact Report for the project to be known as the St. Lucie
County Emergency Operations Center- The Board approved the request for
the exemption and that no environmental impact report be required for this
project.
C.The Board approved submitting a funding application to the American
Forests’ Global Releaf Program for $10,290 to assist in a $109,122 total
project to plant 14,700 trees and 2,940 saw palmettos in 294 acres of
improved pasture at the Bluefield Ranch Natural Area, and acceptance of the
grant if awarded.
Com. Coward commended staff on their efforts and submission of the application to the
American Forests’ Global Releaf Program to assist in the project of planting 14,700 trees
and 2,940 saw palmettos in 294 acres of improved pastures at the Bluefield Ranch
Natural Area.
9.CENTRAL SERVICES
Approval to use Central Services project reserves in the amount of $23,500 for the
additional Architectural Services associated with the Courthouse Annex project and the
Clerk of Court Building project;- The Board approved using Central Services project
reserves in the amount of $23,500 for
. Edlund Dritenbas Binkely Architects Amendment No. 2 to # C03-12-762 (Clerk
of Court Renovation ) at $13,9500.00
Edlund Dritenbas Binkley Architects-Amendment No 1 to WA # 14 (#C05-05-248)
Courthouse Annex) $9,550.00
and authorized the Chairman to sign the amendments as prepared by the County
Attorney.
10.INFORMATION TECHNOLOGY
Budget Amendment No. 07-063 - The Board approved the request of Budget
Amendment No. 07-063 to purchase the replacement Dell computer hardware from the
State of Florida contract # 250-000-03-1, Micro Focus Cobol software license and
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professional services provided by ACS Banner and Sirsi-Dynix Library for a total amount
of $67,385.00.
11. PURCHASING
A.Award of Invitation to Bid # 07-055- Customs and Border Protection Facility
renovations at the St. Lucie County International Airport to the lowest
responsive, responsible bidder, T & G Constructors, Inc.,- The Board
approved awarding Bid # 07-055 to T & G Constructors, Inc., for the amount
of $76,000.
B.Award of Invitation to Bid # 07-059, Signals Maintenance and Master
Construction Contract to the lowest responsive, responsible bidder, The Signal
Group Inc.- The Board approved awarding Bid # 07-059 Signals Maintenance
and Master Construction Contract to the lowest responsive, responsible
bidder, The Signal Group.
C.Rejection of all Bids for ITB # 07-050, Construction of Administration
Complex Chiller Plant, permission to re-bid the project and Sole Source
Siemens Buildings Technologies, Inc., equipment for the administration
Complex- The Board approved rejecting all Bids for ITB #07-050
Construction of the Administration Complex Chiller Plant and granted
permission to re-bid the project and sole source Siemens Buildings
Technologies, Inc., equipment and installation for the Administration
Complex.
12. AIRPORT
Request to allocate funds from the Equipment and Machinery over $1000 Budget to
purchase a small batch incinerator, SMART ASH 110v INCINERATOR for $3,925 to
meet new requirements for the burning of regulated garbage collected a the Customs and
Border Protection Facility- The Board approved the request to use the money in the
Equipment Capital Budget for the purchase of a small batch incinerator, the SMART
ASH 100V INCINERATOR AT A COST OF $3,925.
13.COMMUNITY SERVICES
A.The Board approved the Chairman signing the time extension for Florida
Department of Transportation Joint Participation Agreement for the Urban
Capital Transit Grant for an additional ninety days.
B.The Board approved the extension of Contract No. C03-10-825 with Council
on Aging of St. Lucie County Inc., to provide transportation services through
and including June 30, 2009.
14.SOLID WASTE
Change Order # 2 to the Contract with ERC General Contracting Services, Inc.- The
Board approved Change Order No. 2 to the Contract with ERC General Contracting
Services increasing the length of contract by 21 days with a new completion date of
4/11/2007 and increasing the Contract by $48,410 making the total Contract amount
$4,590,100. The Board also approved the final pay #8 in the amount of $276,000 which
will result in a zero balance.
15.CULTURAL AFFAIRS
The Board authorized the Smithsonian to serve beer and wine at the St. Lucie County
Marine Center for the evening of June 26, 2007.
REGULAR AGENDA
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5.A No public hearings scheduled
6. PUBLIC WORKS
Navajo Avenue South MSBU Final Hearing- Public Water Improvements –FPUA-
Consider staff recommendation to adopt Resolution No. 07-168 approving the Final
Assessment Roll for the Navajo Avenue South Municipal Services Benefit Unit.
It was moved by Com. Smith, seconded by Com. Grande, to approve Resolution No. 07-
168. and, upon roll call motion carried unanimously.
7. ADMINISTRATION
Ethanol- 85 Fuel Letter of Intent- Consider staff recommendation to approve the
attached Letter of Intent.
It was moved by Com. Smith, seconded by Com. Coward, to approve the letter of intent,
and; upon roll call, motion carried unanimously.
8. PURCHASING
Permission to Advertise a RFQ to Lease the Land, Design, Build and Operate the
Development on the Harbour Pointe Property- Consider staff recommendation to approve
advertising the RFQ.
Com. Smith questioned the voluntary pre-submission conference was not made
mandatory. He has a problem with mandatory vs. voluntary and would like to know how
this would be handled from now on.
Com. Coward stated there is a distinction between the contractors, for example he does
not believe a company would approve flying someone from another state for something
made mandatory when it was not necessary. He is comfortable with the
recommendation.
Com. Smith stated he would prefer moving towards some kind of consistency within the
county government.
Com. Grande advised the Board he would be voting in opposition to this item, he
strongly believes submissions would not be as good as they should be if it were to be
done in a more in a cooperative manner with those next door. How do you say no to
someone who meets the criteria for the 20 acres and submits a proposal.
Com. Lewis stated she is not proposing to vote against this and she has had misgivings
about this recommendation from the beginning. Since there have been misgivings and it
has been an issue for a long time and also sees no end in sight about the issue she will go
along with it, but is reserving the right to not like what they get.
Com. Coward stated they have not seen real plans brought forward in years, and since the
main property owner has not reached any agreements with the private sector, the county
or the city and in listening to the Harbor Advisory committee and the city of Ft. Pierce in
their recommendation to creating bookends of good quality development he believes they
will set the tone for development at the port.
Com. Grande advised the Board due to the comments made by his fellow Board
members, he would be changing his vote.
Com. Coward recommended added language.
The County Administrator recommended added language on page 13 sub-paragraph D;
to read something to affect; “ the proposal must provide an interlink for the remainder of
the 67 acres of the Port in conjunction with the Port Master Plan.
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It was moved by Com. Coward, seconded by Com. Smith, to approve advertising the
RFQ, (as amended) and; upon roll call, motion carried unanimously.
UNAGENDAD ITEM
The Property Appraiser addressed the Board with regard to the roll being submitted to the
State. The taxable value has increased 4.46% and this includes real and personal property
and also includes new construction. If you remove new construction which they always
do for the roll back rate, it would be 1.466 billion. The roll would be down 1.64% or
$300 million.
His concern is the decline in ‘07’ the market is making a serious move. The market
decline is significant and also new construction. The decline is more serious than what
they have previously looked at. The county has an affordability problem.
9. COUNTY ATTORNEY
Local Option Gas Tax Division for Proceeds beginning September 1, 2007- Staff
recommends the Board of County Commissioners determine whether to approve the
annual re-determination set out in the attached memorandum and direct the County
Attorney to notify the Department of Revenue of the re-determination by July 1, 2007.
City of Ft. Pierce 17.7990%
City of Port St. Lucie 57.8076%
St. Lucie County 24.1110%
St. Lucie Village 0.0823%
It was moved by Com. Coward, seconded by Com. Grande, to approve the annual re-
determination and to direct staff to notify the Department of Revenue, and; upon roll call,
motion carried unanimously.
10. COUNTY ATTORNEY
Resolution No. 07-211 Florida Capital Improvement Line of Credit with Seacoast
National Bank- Consider staff recommendation to adopt Resolution No. 07-211 and
authorize the Chairman to sign the Resolution.
It was moved by Com. Grande, seconded by Com. Smith, to approve Resolution No. 07-
211, and; upon roll call, motion carried unanimously.
ADDITIONS
2.E PROCLAMATION/PRESENTATIONS
A Presentation was given by FDOT on the UPDATE & DESIGN of Kings Highway SR
713 PD&E Study (Okeechobee Road to US.1) US 1 Re-evaluation (Edwards Rd to
Virginia Ave.)
Com Smith asked how our efforts would be hampered as far as having county dollars to
help support these projects with what is happening in Tallahassee.
The County Administrator advised everyone that should the referendum scheduled for
January pass, the County will have not have funds available for the match required for
any of the roads. He believes we will be falling behind every year.
Com. Craft stated he would like to see more flexibility at the state level, he is concerned
with the idea of 6 lane roads.
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The County Engineer stated it was going to be difficult making these roads cost feasible.
He suggested maybe phasing in the Kings Highway and U.S.1 projects.
2.F PROCLAMATION/PRESENTATION
A Presentation of the FAU Hometown Tour by Gerri McPherson, Vice President
Treasure Coast Campus and Mr. Brogan, President of FAU.
PUBLIC HEARING ADDITION
5. UTILITIES
Establishment 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 approve the 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.
Ms. Lauri Case, Utilities Director addressed the Board on this item and recommended the
effective date of the Resolution to be October 1, 2007.
Com. Grande stated he strongly disagrees with staff’s recommendation and stated in
speaking with Bond Counsel and he assured him if they were to come up with a plan that
the condominiums would be able to pay the bill over time and allows the condos to put
these increases in their budget next year, the county would not be in a serious problem
situation and he would send the plan to the agency and notify them. He believes staff
should meet with the associations and come back with a plan to present to the Bond
Counsel and if the rates should need to be raised even higher, then they would have had
the blessing of the rate payers.
Mr. Dale Pearl, Windmill Homeowners Association, addressed the Board and stated these
costs are a “blow” to their budget. He questioned where the funds already collected by
the plant have been used.
The Utilities Director stated these funds have been used to pay the assessment bonds
which funded the plat. She does not know where the assessments are at today.
Mr. Pearl stated he had not seen the financial statement for the wastewater plant.
The Utilities Director stated they are available for review.
Mr. Pearl would like to recommend a $3.00 a month increase, $4.00 per month after that
and then $5.00 per month.
Ms. Pat Passetti, President’s Counsel, addressed the Board and stated they are looking to
work in a cooperative effort for the operation of the plant. They do not have solid
information to present to the owners with regard to the special assessment.
The County Administrator advised the Board there was no clerical error made as
previously stated by Ms. Passetti.
Ms. Passetti requested creative ways be found to address the issue and that it be
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implemented for January 1, 2008 giving them time to incorporate it into the budget.
Ms. Camille Evans, Bond Counsel for St. Lucie County representative stated she could
not assure the County how the rating agencies and bond insurers would respond to a plan.
Com. Grande stated should they not agree with the plan they still would have the ability
to do what they are speaking of today.
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The County Administrator expressed his concerns with maintaining the bond rating we
have today and does not wish to jeopardize it.
The Utilities Director advised the Board they had advised the associations there would be
an increase but were not sure what or how much it would be at the time.
Com. Lewis stated she was inclined to move forward with staff recommendation and
stated this was a year where the Board did not have any flexibility.
Com. Smith questioned the cost of all the improvements and if waiting until January
when all those fees would be due, would this help us in achieving the goals or what were
the perils.
The Utilities Director stated the peril would be not covering the actual expenditures with
the revenues.
Com. Smith asked if there would be a delay could they make up the difference.
The Utilities Director stated the increase would be much higher.
Com. Craft asked Ms. Passetti how palatable would it be for the associations to afford the
higher increase if they wait until January.
Ms Passetti stated she was not sure it would depend on the higher rate however they
would be able to substantiate the increase to the rate payers. At this point they cannot
substantiate the increase. She does believe it would be palatable since they would be able
to budget the increase.
Com. Grande stated he believes they are looking at a situation where they have not
looked at the customer base.
Com. Coward stated it was troubling to him that this issue has come to the Board in this
fashion and he wishes to apologize. He is also not sure they have looked at all possible
alternatives since the county has placed themselves in this position and he is not casting
the blame on any certain person. He believes the Utilities Director is doing a good job in
attempting to bring these issues to the front. He asked if there were any creative ways to
shift funds from another area to cover this and the funds be reimbursed. He does not
wish to jeopardize our credit rating. He would like to explore the January 1 date but not
at the expense of the County’s credit rating.
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The Utilities Director stated to extend this issue to January 1, the estimated increase
would be 65%.
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The County Attorney recommended to continue this item until July 24 allowing two
things to happen, a) asking the bond counsel to check with the bond insurer and the rate
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agencies if the January 1 date would affect our bond rating and b) giving the consultant
time to come up with an exact figure so the Board would know as well as the rate payers.
Com. Lewis addressed the fact the Utility is an enterprise fund and County funds cannot
be used to assist the Utility Department.
Com. Coward stated he believed the county had previously provided loans to other areas.
The County Attorney stated they could explore this option with the Bond Counsel. They
have in the past given short term loans to other areas but not a utility. This is another
reason he has recommends continuing this issue on July 24, 2007.
It was moved by Com. Grande, seconded by Com. Coward to continue this item on July
24, 2007 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion
carried unanimously.
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There being no further business to be brought before the Board, the meeting was
adjourned.
____________________________
Chairman
_____________________________
Clerk of the Circuit Court
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