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HomeMy WebLinkAboutBOCC Minutes 07-24-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 24, 2007 Convened: 9:00 a.m. Adjourned: 11:20 a.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, Don West, Public Works director, Michael Brillhart, Strategic/Economic Devel. Director, Debra Brisson, Parks and Rec. Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Leo Cordeiro, Solid Waste Director, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Grande, seconded by Com. Lewis, to approve the minutes of the meetings held June 27, 2007 and July 3, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.The County Administrator presented Beth Ryder, Community Services Director the 2007 William R. Sutton Memorial Special Service Award. B.The Clerk of the Circuit Court, Ed Fry made a presentation on the Collection Court/Collection Agency results after the first year. 3.GENERAL PUBLIC COMMENTS Mr. Jonathan Ferguson, addressed the Board on item 13 and asked for clarification on who will have the final say when it comes to the TVC and if a project meets it. He asked if it would be county staff or Regional Planning Council staff. He recommended county staff have the final say and have it noted in the scope of work and the division of duties as it goes through the review process. He expressed concern with the application fees for a non-TVC project, for example a 400 acre parcel would have a $100,000 application fee along with a $15,000 fee for cost and also should the county need to hire experts to be paid by the applicant. He believes the fees should be reconsidered due to the fact he felt they were unreasonable. Mr. Babcock, developer in the area also addressed item 13. He stated he believed there needed to be a basis for the fees and the service being provided for such a cost. He felt there needed to be accountability. He would also like to understand the re-submittal fees. Mr. Scott Morton, Colter Properties, addressed the Board on item 13 and questioned the vagueness of some of the fees and asked how the DRI’s would be treated. H expressed concern with the interpretation of the fees and the costs. Mr. David Blanco, Plantation Acres, addressed the Board with regard to his project that has been in the pipeline for 2 years or more. He asked how this would apply to case like his that has been around for a while. Ms. Carol Woods, Planning Manager for TVC stated she did not expect him to pay any of these fees. 1 4.CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda with items C2J, .C3B and C7B pulled, items CA-1,CA-2,CA-3 added and; upon roll call, motion carried unanimously. 1.WARRANTS The Board approved Warrant List No. 40, 41 and 42. 2.COUNTY ATTORNEY A.Port St. LucieYacht Club Lease - The Board approved the proposed resolution. B.Facilities Use Agreement- Salvation Army- The Board approved the proposed Facilities Use Agreement with the Salvation Army and authorized the chairman to sign the agreement. C.Deputy Sheriff’s Blanket Bond- The Board authorized the Chairman to execute the Bond. D.Ordinance No 07-041- Permission to Advertise- The Board granted permission to advertise Ordinance No. 07-041. E.Boundary Changes for Tradition Community Development District No. 1 and Tradition Community Development District No. 2- The Board approved advertising Ordinance No. 07-042 and Ordinance Ni, 07-043. F.Treasure Coast Victory Children’s Home Inc.,- The Board approved the settlement offer for March 24, 2006 incident during the Wings N Wheels Air Show at the St. Lucie County Airport and authorized signing the Property Damage Release. G.Treasure Coast Education, Research and Development Park- The Board approved the proposed agreement with Wallace, Roberts & Todd LLC for preparation of the Master Plan (RFQ# 07-028) and authorized the Chairman to sign. H.Bear Point Mitigation Bank- Credit Reservation Agreement with L-D Real Estate Partnership- The Board approved the proposed Bear Point Mitigation Bank Credit Agreement upon receipt of the signed originals from the developer. I.Bear Point Mitigation Bank- Credit Reservation Agreement with Schoolhouse Partners, LLC- The Board approved the Bear Point Mitigation Bank Credit Reservation Agreement with the Schoolhouse Partners LLC and authorized the Chairman to sign the Agreement upon receipt of the signed originals from the developer. J.This item was pulled. K.Chuck’s Seafood Restaurant Inc.- The Board approved the revised renovation plans for Chuck’s Seafood Restaurant Inc., subject to approval by the City of Ft. Pierce. L.Facilities Use Agreement- Real Stone & Granite- The Board approved the proposed Facilities Use Agreement with Real Stone & Granite Inc., and authorized the Chairman to sign the agreement. 3.PARKS AND RECREATION 2 A.Request Board approved to apply for grant funding- The Board approved applying for $2,635 in funding from the St. Lucie County Children’s Services Council to cover the cost of swimming lessons for 85 children in the Twenty First Century Learning Center program and authorize the Chairman to sign the agreement. B.Repeal Resolution No. 06-020 Sports Policy/Approval of Resolution No. 07- 222 Establishing Parks & Recreation Department Youth Sports “Provider” Policy- This item was pulled Com. Coward requested background information as well as the minutes from the advisory Board. C.Request for change fund for Lakewood Park Regional Park- The Board approved a change fund for a new Lakewood Park Regional Park in the amount of $50. for the Recreation Division/Sports and Athletics office. D.Permission to submit a DEP Environmental Resource Application-Floating Dock- 5Year Permit – Harbour Pointe Approve Budget Amendment No. 07- 066- The Board approved the request to submit a DEP application for Environmental Resources -5 Year Temporary Floating Dock Permit for 5 events/yr. At Harbour Pointe as prepared by the County Attorney. The Board authorized the St. Lucie County Tourist Development to pay the initial $500.00 permit fee and approved the use of an amount not to exceed $2,000. from General Contingency Fund for any additional fees as determined by the DEP and authorized the Chairman to sign and approved Budget Amendment No. 07-066. E.Asbestos sidings removal and replacement at Parks Division- Will Fee Road Compound- Budget Amendment No. BA07-070- The Board approved Budget Amendment BA07-070 and awarded the contract to AWM Construction Inc., in the amount of $38,595.00 and authorized the Chairman to sign. F.Tradition Field Minor League Complex Air Conditioning Replacement Bid No. 07-070- The Board approved awarding the contract to S & S Air Conditioning Inc., the lowest responsible bidder in the amount of $81,845.00 and authorized the Chairman to sign the contract as drafted by the County Attorney’s office. G.Waiver of Fees Request/Boys and Girls Club SLC/Museum Pointe Park/South Causeway- The Board approved the waiver of rental fees in the amount of $800 for the Boys and Girls Club Unity Festival being held at Museum Pointe Park on March 15, 2008 from 8:00 a.m. to 6:00 p.m. approved the closure of the Museum Pointe Park and the Historical Museum parking lot to the general public from 8:00 am. -6:00 p.m. on March 15, 2008 and approve the sale of alcoholic beverages at the event. H.Request Board approval - The Board approved Harry Jean’s request to serve/sell alcohol at the Lincoln Park Community Center during the August 4, 2007 wedding reception that he will be hosting. 4.PUBLIC WORKS A.Acceptance of Budget Resolution No. 07-216 - The Board approved Budget Resolution No. 07-216 in the amount of $155,736.00 from FDOT for project at intersection of Indrio Road and US# 1. B.Second Amendment to Consultant Agreement with Thomas Lucido & Associates- Ten Mile Creek-Gordy Road Recreation Area-Phase 1 Construction to extend the time of performance schedule to April 30, 2008- The Board approved the Second Amendment to the Consultant Agreement 3 with Thomas Lucido to extend the time of performance schedule to April 30, 2008 and authorized the Chairman to sign. C.Solid Waste Initial Assessment Resolution No. 07-220- Request Permission to Advertise Public Hearing- The Board adopted Resolution No. 07-220 a Solid Waste Initial Assessment Resolution and granted permission to advertise a public hearing on September 11, 2007 at 9:00 a.m. or soon thereafter as it may be heard. 5.HUMAN RESOURCES A.Prison Health Services Inmate Health Aggregate Cap & Psychotropic Drug Invoices- The Board approved payment of PHS Invoices in the amount of $865,080.62 per contract agreement and approved Budget Amendment BA07-067. B.Inmate Medical Expenses- Barrington Levy-$11,064.00- The Board approved payment of CJ Critical Care invoice in the amount of $11,064.00. C.Short Term/Long Term Disability Insurance- The Board approved the proposed STD/LTD program changes. 6.PURCHASING A.First Amendment to Contract C06-08-409 with Port Consolidated Inc., for the purchase of diesel, gasoline, hearing and emergency generator fuel- The Board approved the First Amendment to Contract C06-08-409 with Port Consolidated and authorized the Chairman to execute the Amendment as prepared by the County Attorney. B.Fourth Amendment to Contract C03-09-548- with Tri Brothers Tree & Landscaping which extend the contract through July for removal of trees, tree stumps and tree trimming- The Board approved the Fourth Amendment to Contract C03-09-548 with Tri Brothers Tree & Landscaping which extends the contract through and including July 31, 2008 and authorized the Chairman to sign the Amendment as prepared by the County Attorney. C.Approval to negotiate fees- The Board approved staff negotiating fees with the engineering firms in order of numerical ranking from RFQ 07-046 Roadway and Intersection Design Continuing Contracts, and if negotiations are successful, award contracts to the following firms and authorize the Chairman to sign Inwood – Oveido, Fl Kimley Horn – Port St. Lucie, Fl. Miller Legg- Port St. Lucie, Fl. H.W. Lochner- Orlando, Fl. Metric Engineering- West Palm Beach, Fl. Arcadis Stanley Wantman Group Keith & Schnars LBF&H CH2M Hill Reynolds, Smith & Hill Creech Captec Tindale Oliver C3TS The Corradino Group C & T 4 D.First Amendment to Contract C06-08-426 with DiLoreto & Sons for coffee vending machine services- The Board approved the First Amendment to Contract C06-08-426 with DiLoreto & Sons for coffee vending services a wholly owned subsidiary of Pepsi Americas and granted permission for the Chairman to sign the amendment as prepared by the County Attorney. E.Fourth Amendment to Contract C03-09-681 with Gerelcom- The Board approved the Fourth Amendment to Contract C03-09-681 with Gerelcom for installation of premise distribution wiring system at an hourly rate and extends the contract term through and including September 30, 2008 and authorized the Chairman signing the extension as prepared by the County Attorney. F.Second extension to contract C03-10-625 with Signal Connection, Inc- The Board approved the second extension to Contract C03-10-625 with Signal Connections Inc., and authorized the Chairman to sign the extension as prepared by the County Attorney. G.Second Amendment to Contract C04-09-424 with Treasure Coast Lawns for St. James Drive mowing services- The Board approved the second amendment and authorized the Chairman to sign the amendment as prepared by the County Attorney. H.Second Amendment to Contract C04-08-425 with Florida Rock Industries, Inc., for the purchase of Coquina Base Rock P2 for use on County roads for wet hole repair- The Board approved the Second Amendment to Contract C04-025 with Florida Rock Industries and authorized the Chairman to sign the amendment as prepared by the County Attorney. I.Permission to negotiate fees- The Board approved negotiating fees with engineering firms in order of numerical ranking for RFQ 07-047 Geotechnical Engineering and Construction Testing Services and if negotiations are successful award contract to the following firms: Dunkelberger Engineering Ardaman & Associates Nodarse PSI Tierra And authorized the Chairman to sign the contracts as prepared by the County Attorney. J.Second Amendment to Contract C05-09-470 with Sims Wilkerson Engineering, Inc. for the engineering of a suitable ventilation system at the St. Lucie County Fairgrounds Adams Equestrian Arena- The Board approved the second amendment which extends the contract term through August 31, 2007 and authorized the Chairman to sign. K.Request for Board approval of the short listed firms- The Board approved the following short listed firms and authorized conducting oral presentations to rank the short listed firms for fee and contract negotiations from RFQ 07-063, South Jenkins Road Bridge over 10 mile creek: Infrastructure Engineers, Inc. H.W. Lochner, Inc. Kimley-Horn Stanley Consultants, Inc. Keith & Schnars, P.A. L.Request Board approval to advertise- The Board approved advertising an Invitation to Bid for interior and exterior car wash services. 5 M.First Amendment to Contract No. C06-05-286 with Tri County Towing and Recovery for County towing services- The Board approved the First Amendment to Contract No. C06-05-286 with Tri County Towing and Recovery for towing services and authorized the Chairman to sign the amendment as prepared by the County Attorney. N.Second Amendment to Contract C06-10-585 with Interstate Express Inc., for th courier services for the 19 District Court System- The Board approved the second amendment to contract C06-10-585 with Interstate Express to exercise the first renewal option, accept the contract’s 3% increase and authorized the Chairman to sign the amendment as prepared by the County Attorney. O.Request Board approval to advertise an Invitation to Bid- The Board approved advertising an Invitation to Bid for aquatic weed control services. P.Request Board approval to advertise an Invitation for Bid- The Board approved advertising an Invitation to Bid for analytical laboratory services. Q.Request Board approval to advertise an Invitation to Bid- The board approved advertising an Invitation to Bid for the purchase and removal of baled cardboard. R.Request Board approval to advertise a Request for Proposals for Phase 1 and Phase 2 Environmental Site Assessments- The Board approved the request to advertise a Request for Proposals for Phase 1 and Phase 2 Environmental Site Assessments. S.Request Board approval to advertise a Request for Proposals – The Board approved the request to advertise a Request for Proposals for Code Compliance for Permitting and IVR Replacement. T.Request for Board approval to negotiate fees with engineering firms in order of numerical ranking from RFQ # 07-044 Stormwater Management Design & Permitting Services and if negotiations are successful, award continuing contracts to the following firms : Inwood Bowyer-Singleton Creech Greenhorne & O’Mara Miller Legg Jones Edmunds The Board approved negotiating fees with the engineering firms in order of numerical ranking from RFQ 07-044 and if negotiations are successful, award contracts to the successful firms listed above and authorized the Chairman to sign the contracts as prepared by the County Attorney. U.Request for Board approval to advertise an Invitation to Bid- The Board approved the request to advertise for an Invitation to Bid for Phase 3 of the St. Lucie County International Airport Security Project. V.Request Board approval to award Invitation to Bid # 07-074 for the sale of two Caterpillar off-road dump trucks- The Board approved awarding Invitation to Bid # 07-074 to the highest bidder Westchester Machine and Supply Company Inc., for $62,699.00 and $72,699.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. W.Request Board approval to award Invitation to Bid # 07-075- The Board approved awarding Invitation to Bid # 07-075 to the highest bidder Westchester Machine and Supply company for the sale of one Caterpillar 6 D25D at $42,669.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. X.Request Board approval to sell for scrap the F800 Fuel Truck offered for sale under Invitation to Bid # 07-076- The Board approved the sale for scrap of the F800 Fuel Truck and authorized the Chairman to sign the contract as prepared by the County Attorney. Y.Request Board approval to reject all responses to RFP 07-068, Surfing lesson- The Board approved rejecting all responses to RFP 07-068 and not re-issuing the RFP. Z.Request to advertise an Invitation to Bid for purchase of trees - the Board approved advertising an Invitation to Bid for the purchase of trees with funds received from the Department of Agriculture and Consumer Services Grant in the amount of $175,000 for the Adopt A Tree Program in St. Lucie County and permission to award the bid to the lowest responsive responsible bidder and authorize the Chairman to sign the contract as prepared by the County Attorney. AA. Request Board approval to award Invitation to Bid # 07-072- The Board approved awarding Invitation to Bid # 07-072 Structured Cabling system for the Clerk of the Courts Facility to ADS Telecom, Inc., d/b/a/ Black Box Network Services for a not to exceed amount of $71,419.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. 7.AIRPORT A.Request Board approval of Resolution No. 07-224 - The Board approved Resolution No. 07-224 a resolution approving the 2008 Disadvantaged Business Enterprise Plan for the Airport and authorizing the Airport Director to submit the Program to the FAA Civil Rights Office and advertise for public comment on the goal of determination. B.Request for Board approval of Resolution No. 07-227 - This item was pulled C.Request approval of the First Amendment to Work Authorization No. 4, Preliminary Design Services for Runway 9L/27R and Work Authorization No. 14- extending the time to complete the tasks to August 31, 2007 with no change in cost- The Board approved the First Amendment to Work Authorization No. 4 and Work Authorization No. 14 for consultant services by PBS&J and authorized the Chairman to execute. D.Request Board approval for the First Amendment to PBS&J Work Authorization No. 15, Airport Layout Plan Update, extending the time to complete the ALP until September 30, 2007 with not change in cost- The Board approved the First Amendment to Work Authorization No. 15 . E.Request for Board approval for the First Amendment to the PBS&J Work Authorization No. 22 Ecological Additional Services for Runway 9L/27R extending the time to complete the tasks to August 31, 2007 with no change in cost - The Board approved the First Amendment to the PBS&J Work Authorization No. 22 and authorized the Chairman to sign. 8.SHERIFF’S OFFICE A.Acceptance of the 2006 State Criminal Alien Grant- The Board accepted the 2006 State Criminal Alien Grant in the amount of $42,709.00 on behalf of the St. Lucie County Sheriff’s office and approved Budget Resolution No. 07-221. 7 B.Acceptance of the 2006 Bulletproof Vest Partnership Grant- The Board accepted the 2006 Bulletproof Vest Partnership Grant in the amount of $1,722.93 on behalf of the St. Lucie County Sheriff’s office and approved Budget Resolution No. 07-219. 9.CULTURAL AFFAIRS A.The Board approved increasing the Marine Center’s change fund from $100.00 to $200.00 . B.The Board authorized the extension of RFG Architects C04-07-672 until December 31, 2009 for the completion of architectural services for the Orange Avenue Post Office. 10.INVESTMENT FOR THE FUTURE A.Parks and Recreation – Approval of Change Order No. 2- Kirchman Construction- Pepper Park Restroom Facilities- The Board approved Kirchman Construction Change Order No. 2 reducing the contract amount by $21,224.03 due to a reduction of the building permit allowance and contingency balance and authorized the Chairman to sign. B.Central Services- The Board approved advertising and issuing an Invitation to Bid the roof replacement project at the Port St. Lucie Library- Reallocated budgeted FY 06/07 IFF funds in the amount of $50,000. 11.GROWTH MANAGEMENT Bid Waiver and sole source declaration for the Records management Implementation Services- The Board approved the bid waiver and executed the proposal for a total cost of $47,000 for scopes of services outlined. 12.ADMINISTRATION A.Art in Public Places Committee- The Board ratified Commissioner Coward’s appointment of Mr. Forrester to the Art in Public Places Committee. B.Community Development Block Grant Citizen’s Advisory Task Force- The Board ratified Commissioner Coward’s appointment of Ms. Olive Wedderburn to the Community Development Block Grant Citizen’s Advisory Task Force. 13.COMMUNITIY SERVICES A.Request Board approval of the selection of a Grand Administration Consultant for CDBG Disaster Recovery Initiative Grant- The Board authorized staff to enter into negotiations and contract with the highest ranked firm and authorized the Chairman to sign necessary documents. B. Request Board approval of Budget Resolution No. 07-231 to budget the funds from the State FY 08 SHIP allocation to Housing Assistance- Discretionary and Housing Assistance-mandatory- The Board approved Budget Resolution No. 07-231. C. Budget Resolution No. 07-229 to budget funds from the Community Development Block Grant Disaster Recovery Program allocation- The Board approved Budget Resolution No. 07-229. Request approval of FY 2007-2011 HOME Investment Partnership Consolidated Plan for Indian River, Martin and St. Lucie County 8 Counties- The Board approved FY 2007-2011 HOME Investment Partnership Consolidated Plan. The Board approved a bid waiver and award a contract to Alton Silver Homes to demo/rebuild a home located at El Nueva Avenue in an amount not to exceed $135,500 and authorized the Chairman to sign n necessary documents. 14.CENTRAL SERVICES A.Purchase of server and software accessories for A/C Maintenance Division- The Board approved the purchase of server and software accessories for A/C Maintenance Division and approved Equipment Request # CSEQ07-346 and Budget Amendment # CSBA 07-005. B.Request approval to use Central Services Project Reserves in the amount of $6,000 for Edlund Dritenbas Binkely Architects-Amendment No. 3 to C03-12-762 Clerk of Court Building Renovation amount – The Board approved Amendment No. 3 to C03-12-762 Clerk of Courts Building Renovation-Engineering Services for Site Utilities and authorized the Chairman to sign the amendment as prepared by the County Attorney. C.David Brooks Enterprises, Inc.- Change Order No. 16 to C05-12-636 & Change Order No. 17 to C05-12-636- Construction of New Clerk of Court Building and Downtown Chiller Plant- The Board approved Change Order No. 16 to Contract No. C05-12-636 David Brooks Enterprises to incorporate changes to the contract and approve Change Order No. 17 to Contract No c05-12-636 , David Brooks enterprises to incorporate changes to the contract. This change order will increase the contract sum $27,475.00 the new contract sum will be $12,967,926.00. 15.UTILITIES A.Request Board approval of Change Order # 1 with Danella Companies, Inc., for construction services related to the 16tg Force Main to Lift Station “A” project for an extension of 180 days to the contract- The Board approve Change Order # 1. B.Request Board approval for a bid waiver per the Purchasing Manual Section 5.5 to approve the Work Authorization with Masteller & Moler Inc., for engineering services for the extension of a 16” water main from the St. Lucie County Fairgrounds Water Treatment Plant on Peacock Road to Glades Cut Off Road in the amount of $296,000- The Board approved the bid waiver and the Work Authorization with Masteller & Moler for engineering services in the amount of $296,000. C.Request Board approval of Amendment No. 1 to Work Authorization No. 11 for Camp and McKee to increase the lump sum amount from $22,530.00 to $26,440. - The Board approved Work Authorization No. 11. 16.ENVIRONMENTAL RESOURCES Request Board approval of an amended Tree Preservation Easement for Timothy and Debra Thomas- The Board approved the amended Tree Preservation Agreement for Timothy and Debra Thomas and authorized the Chairman to sign the agreement. 17.GRANTS A.Submittal of a grant application to the Florida Dept. of Transportation, County Incentive Grant Program for FY 07/08 funding of $3,500,000.00 9 for construction of the roadway intersection of Kings Highway and Indrio Road- The Board approved the submittal of the grant application to the Fla. DOT and accept the grant if awarded. B.Submittal of a grant application to the Florida Depart of Transportation, County Incentive Grant Program for FY 07/08 funding of $2,500,000 for construction of the roadway intersection of Kings Highway (SR713) and Orange Avenue (SR68) - The Board authorized the submittal of the grant application to the FDOT and acceptance if awarded. C.Authorize the use of $262,070. in Financial Recovery Mitigation Shortfall Reserve Funds to serve the required match for the Hazard Mitigation Grant Program grant of $800,744.00 to be used to retrofit 10 county buildings with hurricane shutters- The Board authorized the use of $262,070 in Financial Recovery Mitigation Shortfall Reserve Funds to serve the required match for the Hazard Mitigation Grant Program. D.Approve a management plan for Heathcote Botanical Park required by the Florida Communities Trust and by Interlocal Agreement between St. Lucie County, the City of Ft. Pierce and Heathcote Botanical Gardens Inc.- The Board approved the management plan. 18.GUARDIAN AD LITEM Equipment Request No. EQ07-336 and Budget Amendment No. BA07-068- authorizing reallocation of Court Related Technology funds- The Board approved Equipment Request No. EQ07-336 and Budget Amendment No. BA07-068. 19.LIBRARY A.SirsiDynix Annual Software Maintenance Contract Renewal- The Board approved the contract amount of $27,932.70 and authorized the County Administrator to sign the purchasing requisition. B.St. Lucie West Library Contracted Services- The Board approved the expenditure of $161,000.00 for Contracted Services at the St. Lucie West Library and authorized the County Administrator to sign the purchasing requisition for payment of services to Indian River Community College. 20.OFFICE OF MANAGEMENT AND BUDGET Budget Amendment No. BA07-069 transferring funding to cover Cultural Affairs purchase orders that were rolled over from fiscal year 2006- The Board approved Budget Amendment BA07-069. 21.SOLID WASTE A.Request Board approval of Amendment # 1 to CDM Contract No. C06- 02-043, Balefill Expansion reducing the Contract total from $195,310.00 to $97,655.00 - The Board approved Amendment # 1 to CDM Contract No. C06-02-043, reducing the contract total from $195,310.00 to $97,655.00. B.Request Board approval of Amendment # 1 to CDM Contract No. C06-10- 584 Landfill Gas Management System increasing the Contract total from $45,000.00 to $530,410.00- The Board approved Amendment # 1 to CDM Contract No. C06-10-584 and authorized the Chairman to sign. C.Request Board approval of a Work Authorization with CDM for professional engineering services to assist St. Lucie County with the construction of a reverse osmosis system at the St. Lucie County Baling 10 and Recycling Facility- The Board approved the Work Authorization with CDM in the amount of $194,400.00. ADDITIONS CA.1- CENTRAL SERVICES Approval to purchase and install furniture for the New Clerk of Court Building- The Board approved the purchase and installation of new furniture for the New Clerk of Court Building at a cost of $564,073.09 through JC White Quality Office Furniture, an authorized dealer for Hon, Haworth and Groupe Lacasse-State Contract # 425-001-06-1- and also approved Equipment Request # CSEQ07-348 and CSEQ07-349 and approved Budget Resolution No. 07-235. CA.2- CENTRAL SERVICES County Storage Building- Old Sam’s Club Building- The Board approved the purchase of items necessary for the conversion of this location to b used for storage such as fencing, pallet racks and archive storage units. CA.3- ADMINISTRATION Planning and Zoning Commission Appointment- The Board ratified Commission Craft’s appointment of Mr. Glenn Raines to the P & Z Commission. REGULAR AGENDA 5.A UTILITIES (0:29:28) Establishment and adoption of Resolution 07-208 authorizing the adjustment of wastewater and reclaim water utility rates, fees and charges for customers within St Lucie County Utilities- South Hutchinson Island District Wastewater Utility- Consider staff recommendation to approve and adopt Resolution No. 07-208 authorizing the adjustment of wastewater and reclaim water utility rates, fees and charges for customers within St. Lucie County Utilities. The Utilities Director advised the Board the effective date would be January 1, 2008 and January 1, 2009 with the increase of rates being as follows: January 2008 from $16.00 to $26.93 an increase of 68.3% January 2009 from $26.73 to $30.23 an increase of 12.5% It was moved by Com. Grande, seconded by Com. Lewis, to approve Resolution No. 07- 208, and; upon roll call, motion carried unanimously. Ms. Pat Pasetti, Homeowners Association President’s Council thanked staff and the Board for their patience and giving the association time to work with the issue. 6. AIRPORT Request Board approval of Resolution No. 07-226 adopting revisions to the Voluntary Noise Abatement Procedures at the St. Lucie County International Airport- Consider staff recommendation to approve Resolution No. 07-226 adopting revisions to the Voluntary Noise Abatement Procedures at the St. Lucie County International Airport and authorize the Chairman to sign. Ms. Lewis, Airport Director addressed the Board on this item. Com. Grande questioned if the surrounding homeowners were in agreement with the proposed voluntary procedures especially those in St. Lucie village and addressed the agreement of two years ago with regards to the voluntary easing of the abatement i.e. starting times, weekend times. 11 Ms. Lewis stated they were grateful and it may sound like they are reducing it, however in reality they are increasing the restrictions voluntarily of the operations. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 07-226, and; upon roll call, motion carried unanimously. 7. ECONOMIC & STRATEGIC DEVELOPMENT (33:29) Request by Stuart Property Holdings Ltd., VFI, LLC and St. Lucie Land, Ltd the developers of the Becker Road PUD, Veranda Falls PUD and the Floridian PUD along Becker Road in Port St. Lucie , for a Road Impact Fee Credit Agreement- Consider staff recommendation to adopt RIF 07-001 Road Impact Fee Credit Agreement. The Economic & Strategic Development Director addressed the Board on this item. He advised the Board that from a historical prospective the City of Port St. Lucie does not give road impact fee credits. Mr. Butch Terpening, Culpepper & Terpening addressed the Board’s questions and concerns. Com. Smith expressed his concerns with applications for development which may come later and also request the same. Mr. Terpening stated at this moment there are no development plans and may not happen for 10 years. This project is not triggered by development, but by the need in the area for residents of the city as well as the county. The County Attorney recommended the Public Works Director advised the Board of the difference in this project and other projects that may come forward in the future. The Public Works Director stated the difference in this project is that they do not believe the development in and around the Becker Road area south would have any impact on the county’s unincorporated roadways. The direct benefit would be to the city and the county residents and those using the interchange. The County attorney stated the code as written states the county may give credits. Each applications stands and falls on its own and he felt they needed to continue to grant credits and also look at it on a case by case basis. He does not believe it will set a precedent in the future because each applicant must stand on its own merit. Com. Lewis stated she does have a comfort level with this issue. There has been objective information brought forward by the consultant and future requests will be measured by the impacts and figures brought forward. Com. Coward stated he can make a major distinction between this and what is being proposed west of the county. It was moved by Com. Coward, seconded by Com. Smith, to approve RIF 07-001 Road Impact Fee Credit, and; upon roll call, motion carried unanimously. 8. GROWTH MANAGEMENT (0:53:11) Petition of Nick Bishop for a Major Adjustment to a Major Site Plan approval for the project known as Treasure Coast Lexus for property located at 5121 S. U.S. Highway No. 1 in the CG zoning District- Draft Resolution No. 07-131- Consider staff recommendation to approve Draft Resolution No. 07-131 subject to 10 limiting conditions. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 07-131 subject to the 10 limiting conditions, and; upon roll call, motion carried unanimously. 12 9. COUNTY ATTORNEY (0:54:42) Resolution No. 07-217 Creating New License Category for Handyman Work- Consider staff recommendation to approve Resolution No. 07-217. Com. Coward stated he does not see the justification for this request. Com. Grande expressed his concerns with the maintenance person/s hired by the Homeowners Associations, Condo Associations etc., being required to have this type of a license. The Assistant Code Compliance Manager addressed the Board’s concerns and stated this was a recommendation brought forth by the Contractor’s Licensing Board. It was moved by Com. Grande, seconded by Com. Smith to deny Resolution No. 07-217, and; upon roll call, motion to deny carried unanimously. There was not a consensus by the Board to bring this item back in a different form. 10. COUNTY ATTORNEY (1:09:53) Shinn Lakes PUD- Staff recommended the Board determine whether the concept plan drafted by Mr. Coseo is generally acceptable. Mr. Jim Coseo addressed the Board and presented the conceptual plan for review. The County Attorney addressed the item and stated a submittal of a conceptual plan was submitted and stated the applicant did not wish to continue to spend money until he had an idea of the Board’s position on this project. Mr. Coseo stated they are preserving 210 acres in private agriculture and developing 172 acres and have set aside 46% of the area being developed as common open space. Com. Coward commented on the 80/20 rule and the fact that staff had interpreted it differently than the Board. They had clarified the issue and concluded the back yard should not be counted because it under minded the intent of the code which called for clustering. They made it clear to staff that the 80/20 rule had to be upheld. Com. Coward stated he was supportive of the concept due to the fact it allows them to cluster and provide open space. Com. Grande stated he believes this applicant has jumped through hoops to attempt to conform to what he believes the rules are. He does not have a problem with this plan and wanted to make sure if they approve such a plan which does not meet the 35% common open space requirement, it would not set a precedent. The County Attorney stated he did not believe based on the facts it would set a precedent due to the fact the applicant was in the process prior, has spent a great deal of money and has already been before the Planning and Zoning Board they would be able to distinguish from other applications. Com. Lewis stated she felt the intent of action has been met. Com. Smith stated he still would have questions as to how this can be done, however he is supportive as it has been presented and he is sure it can be “tweeked” with staff’s recommendation. It was the consensus of the Board to conceptually accept the plan. 13 11. ADMINISTRATION Sustainability Ad Hoc Committee- Consider staff recommendation to appoint Commissioner Joseph Smith or designee to participate on the Sustainability Ad Hoc Committee. It was moved by Com. Lewis, seconded by Com. Coward, to appoint Com. Smith to participate in the Sustainability Ad Hoc Committee, and; upon roll call, motion carried unanimously. 12. GROWTH MANAGEMENT (1:28 Petition of Allied New Technologies Inc. for a Major Adjustment to Major Site Plan approval for the project known as Allied New Technologies- Consider staff recommendation to approve the Major Adjustment to the existing Major Site Plan with limiting conditions and adoption of Draft Resolution No. 07-135. Mr. Dennis Murphy, Culpepper & Terpening addressed the Board on this item and requested a change to # 3, page 3 on Draft Resolution 07-135. The County Administrator stated they had requested the word “substantial” also be eliminated from the paragraph as shown( change attached). The County Attorney advised the Board the site plan would be subject to revocation should they fail to meet the condition. Mr. Murphy stated they were aware their site plan would be subject to the revocation of the plan should they fail to meet what was discussed. Also, conditions 6 and 7 they are not objecting to the conditions in principal only the timing. He would like to address the mechanical issues. They are not objecting to the turning lanes in principal only the timing of when they are to be put in. The Environmental Resources Director stated staff was comfortable with the proposal by Allied, however in Condition 3, they did not specify a remedial action date they state” any remedial action taken by the DEP”. Mr. Murphy stated a date would not have a negative affect. The County Attorney recommended adding the language, “ as may be amended by the DEP”. Mr. Murphy stated they concurred with the new added language. Quasi Judicial- Com. Craft acknowledged meeting with the applicant representatives. It was moved by Com. Lewis, seconded by Com. Grande, to approve Resolution No 07- 135 as amended, and; upon roll call, motion carried unanimously. 13. GROWTH MANAGEMENT TVC Interlocal Agreement and Fee Resolution - Consider staff recommendation to approve the Interlocal Agreement and Resolution No. 07-230 and authorize the Chairman to sign. Staff addressed the TVC application fees and the review process with staff and the TVC dedicated staff. She also addressed the 5% re-submittal fees and the corrections in the documents. 14 Com. Coward asked the County Attorney had any reservation with the proposed document. The County Attorney stated the amount of the fees should be based on the amount of time needed for review including staff, the consultant, advertising and any other outside review requested. The cost of the review fees need to be reasonable and adequate for the review time spent and the fees should be reviewed every year. It was moved by Com. Smith, seconded by Com. Grande to approve staff recommendation, and; upon roll call, motion carried unanimously. RA.1. ECONOMIC & STRATEGIC DEVELOPMENT Consider a proposal by the Treasure Coast Regional Planning Council to hold 3 workshops and develop a design proposal for the area immediately surrounding the th Midway Road at S. 25 St. intersection in the vicinity of the River Landing development. The proposal by the TCRPC describes the professional services that would be performed during this process. It is desired that this Scope of Work begin in August and be completed by the end of September- Staff is seeking direction from the Board pertaining to the attached proposal from the TCRPC to conduct workshops and create a design proposal for this area referenced on the location map- general study boundary. Mr. Busha, TCRPC addressed the Board and stated the proposal is only for 25 acres and should they wish to have the proposal for more he would need more time to do a proposal for more than the 25 acres. It was the consensus of the Board to withdraw this item and bring it back with better information as per the County Attorney’s recommendation. RA.2 MANAGEMENT AND BUDGET Approval of millage rates to be submitted to the Property Appraiser and set dates for public hearings- Staff recommends the Board of County Commissioners approve the following: 1.Approve millage rates as outlined on” Worksheet Analysis of Roll- Back Millage Rate for fiscal year 2007/2008” under the column headed “2007-2008” proposed millage”. thth at 2.Set two public hearings on September 6, and 136:00 p.m. in the Roger Poitras Administration Annex Commission Chambers. 3.Authorizing the County Administrator to transmit the millage rates to the Property Appraiser on Form DR-420, DR-420C-P and DR-420TIF. 4.Set aggregate millage as outlined on ”Worksheet Analysis of Roll- Back Millage Rate for fiscal year 2007-2008 under the column headed “2007-2008 proposed millage”. The Management and Budget Director addressed the Board and submitted the worksheet analysis of Roll Back Millage Rate for fiscal year 2007-2008 (attached) and also the County Maximum Millage Levy Calculation (DR420C) (also attached). The Management and Budget Director stated the following: The roll back rate had decreased 9.88% The proposed countywide millage for next year is 6.4612 and the roll back rate is 7.1242 Last year the total millage rate was 6.9712 and the aggregate millage was 7.8201. The roll back rate this year is 8.0534 and the proposed aggregate millage 7.2577. 15 History of millage reductions: Year: 2005 .268 mills 2006 .2 mills 2007 .6471 Total in the past three years: .9839 mill reduction This year aggregate mill reduction is .5624 mills , total aggregate millage will be 7.2577. Total decrease 1.4939 which equates to $38.1 million in today’s value. It was moved by Com. Coward, seconded by Com. Grande to approve staff recommendation and also should there be a shift between the millages the County Administrator be authorized to sign the forms and also approved the aggregate millage as outlined on the worksheet as well as authority be given to the County Administrator to do whatever is necessary for them to reach the maximum, 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 the Circuit Courts 16