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HomeMy WebLinkAboutBOCC Minutes 08-14-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 14, 2007 Convened: 9:00 a.m. Adjourned: 10:00 a.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Doug Coward, Charles Grande, Paula A. Lewis, absent on vacation Others Present: Doug Anderson, County Administrator, Faye Outlaw, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Robert Nix, Growth Management Director, Leo Cordeiro, Solid Waste Director, Richard Bouchard, Erosion Manager, Vanessa Bissey, Environmental Resources Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Grande, seconded by Com. Coward, to approve the minutes of the meeting held on August 7, 2007 as corrected, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. A presentation was made by Israel Ross (Administration Intern) on the gang issues in St. Lucie County. B. Ag PUD Open Space Discussion This item is to be submitted in the next Comp Plan submittal cycle in the year 2008. Impact Fees: It was decided that the County would withdraw the impact fee review application to the Planning and Zoning Commission until such time county staff has finalized additional impact fee documents and proposed ordinances regarding targeted industries and commercial projects. Stop Gap Ordinance: It was recommended by staff not to bring this issue back before the Board of County Commissioners. 3. GENERAL PUBLIC COMMENTS Mr. John Ferrick, St. Lucie County resident, addressed the Board regarding an article in the Tallahassee Trend where it indicates the Growth Management Act of 1985 needs to be overhauled. Mr. Tom Pelham, new DCA Secretary hopes to have a new law or at least replace the 1985 act as well as changes the Legislature has passed since then. 1 Mr. Paul Scholl, property owners, addressed the proposed Cloud Grove project and his ownership of right of way that may be needed for the project and the area. He advised the Board no one has approached him with regard to the acquisition of the right of way. Ms. Cheryl Taylor, St. Lucie County resident, addressed the Board with a problem she is currently having with someone riding motorcycles near her home. She advised the Board she had contacted Code Enforcement and they stated they had issued citations and if she needed further enforcement she may have to contact an attorney. Com. Craft directed Ms. Taylor to speak to his Executive Aide and provide her information as well as set up an appointment to discuss the issue further. 4. CONSENT AGENDA It was moved by Com. Smith, seconded by Com. Coward, to approve the Consent Agenda to include item CA-1 and with items C-12 pulled and RA-1 from the regular agenda also being pulled, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 44 and 45. 2. COUNTY ATTORNEY A. Howard Creek Estates- Approval of Maintenance and Bond- The Board approved the release of the original bond in the amount of $9,200 conditionally accepted the constructed improvements, approved the Maintenance Agreement and bond in the amount of $1,200 for Howard Creek Estates and authorized the chairman to sign the agreement. B. Donation of Right of Way- Sun Grove Montessori School Inc.- Resolution No. 07-237 - The Board accepted the Warrant Deed authorized the Chairman to sign Resolution No, 07-237 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. C. Revocable License Agreement- REP Associates Inc., Orange Avenue Six Monitoring Wells- The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and instructed REP Associates, Inc., to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. D. Facilities Use Agreement- American Red Cross-North Treasure Coast Chapter- The Board approve the Facilities Use Agreement and authorized the Chairman to sign the Agreement. 2 E. Contract Extension for Human Services Association, Inc. to operate the Juvenile Assessment Center- The Board approved an extension of the contract with the current contractor, “Human Services Associates, Inc.”, who will continue to provide booking, security, screening and case management services at the St. Lucie Juvenile Assessment Center located at 1215 Bell Avenue, Ft. Pierce, Fla. in St. Lucie County. This extension will be retroactively dated from2/28/07 through 9/30/07. 3. PARKS AND RECREATION A. Request for approval to serve alcohol at Maravilla Recreation Center- The Board approved the request of Raquel Olivares to serve and sell alcohol at the Maravilla Recreation Center during the August 25, 2007 reception she is hosting. B. City of Port St. Lucie Request- South County Stadium- The Board approved the request of the City of Port St. Lucie to utilize the fenced “bus parking area” of the South County Regional Stadium on August 18, 2007. The Board also approved the request including the sale of food and alcoholic beverages. 4. COURT ADMINISTRATION Approve Budget Amendment necessary ($53,524.00) to complete the new Digital Court Reporting system using funds from the County Administration court innovations fund- The Board approved Budget Amendment No, BA07-074 in the amount of $53,524. 5. PUBLIC WORKS A. Spoil site assessment for Taylor Creek Restoration Dredging Project Phase 2- The Board approved WA# 5 with Dredging and marine Consultants for Engineering Services in the amount of $9,500. B. Waterstone Subdivision- conditional Acceptance of concrete sidewalk and acceptance of Maintenance Bond and Maintenance Agreement – The Board approved: 1. Conditional acceptance of the constructed improvement (8’ concrete sidewalks) 2. Accept the Maintenance Bond in the amount of $18,000 3. Approved the Maintenance Agreement and authorized the Chairman to sign. 6. INVESTMENT FOR THE FUTURE Parks and Recreation- Award Request for Bid No, 07-079 Fairgrounds Concessions- Restrooms-County & Fair Association Offices and approve the sue of Investment for the Future funds- The Board approved awarding Bid No. 07-079 Fairgrounds Office, Concession and Restroom Building to AWM Construction in the amount of $799,495 and approved the use of 3 $113,421.00 from Investment for the Future Funds to cover the projected budget deficit and gave staff approval to negotiate with AWM Construction and approved the contract as drafted by the County Attorney and authorized the Chairman to sign. 7. SOLID WASTE Staff requests approval of EQ07-354 and authorize the bid waiver and sole source purchase of 1 Kelly Tractor Forklift for a total cost of $38,426. The Board approved EQ 07-354 and authorized the bid waiver and sole source purchase at a total cost of $38,426 and approved the transfer of Property Record No, 50-0711,2001 DJP40K Forklift to Central Services. 8. CENTRAL SERVICES David Brooks Enterprises, Inc.,- Change Order No. 18 to C05-12-636- New Clerk of Court Building and Downtown Chiller Plant- The Board approved Change Order No. 18 to C05-112-636 to increase the contract sum by $131,589.00; the new contract sum will be $13,099,515.00 the Board also approved the Chairman signing the Change Order as prepared by the County Attorney. 9. CULTURAL AFFAIRS A. Approve Equipment Request EQ07-355 for two outdoor telescopes and EQ07-356 for a River Flattie boat- The Board approved Equipment Request EQ07-355 for two outdoor telescopes and EQ07-256 for a River Flattie boat to be exhibited in the new Historical Museum outdoor exhibit. B. Approval of Budget Amendment No. 07-072- The Board approved Budget Amendment No. 07-072 to move existing funds into the Museum Infrastructure account for the construction of the sidewalk and fence expansion for the Reflections of Florida’s Boating and Fishing Heritage exhibit. C. Authorize the Chairman to sign Amendment No. 1 to the Historic Preservation Grant Award to extend the grant for six months for the Ft. Pierce Post Office State Grant # SC615- The Board approved the Chairman signing Amendment No. 1 to the Division of Historical Resources Historic Preservation Grant Award to extend the grant for six months for the Ft. Pierce Post Office project State Grant # SC615. 10. PUBLIC SAFETY Request to approve the purchase of two weather transmitter sensors and cables for the total amount of $7,406.50- The Board approved the purchase of the transmitters and cables and approved Budget Amendment No.07-071 and Equipment Request No, 07-357. 4 11. PURCHASING A. Board approval to award Invitation to Bid No. 07-087- The Board approved awarding the Invitation to Bid No. 07-087 to the lowest responsive responsible bidder, Dunworth Construction for the cost of $49,748.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. B. Board approval to award Invitation to Bid # 07-088 - The Board approved awarding Invitation to Bid No. 07-088 to the lowest responsible responsive bidder, Stuart Fence for the cost of $11,058.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. 12. PARKS REFERENDUM Lakewood Park Regional Park /ADA Survey and Education- This item was pulled . 13. ADMINISTRATION/VALUE ADJUSTMENT BOARD Budget Amendment No. 07-073 - The Board approved Budget Amendment No, 07-073 transferring $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services (001-1325-531000- 100) to finish paying invoices until the end of Fy 06/07. 14. GRANTS Authorize submittal of a grant application to the Cable Positive Tony Cox Community Foundation on behalf of In The Image of Christ Inc., a non- profit organization for funding to publicize HIV/AIDS related promotion/outreach materials to the residents of St. Lucie County - The Board approved the submittal of the grant application. 15. COMMUNITY SERVICES Approval for the Health Department to purchase two vehicles for $28,260.00 (Two 2007 Ford Escape (U02) small size 4 door utility vehicles at a cost of $28,260.00 and fees of $108 for tags and title) with funds from the allocation approved by the Board for FY 07 budget. The Board approved the purchase of the two vehicles as stated above and authorized the Chairman to sign all pertinent documents necessary. 16. TRANSPORTATION PLANNING ORGANIZATION Recognize the Florida Commission for the Transportation Disadvantaged Planning Grant awarded for $22,132.00 for fiscal year 06/07 budget- The Board approved Budget Resolution No. 07-239 to recognize the budget for the Florida Commission for the Transportation Disadvantaged Planning Grant # 004120-1540 for Fiscal Year 06/07. 5 17. ENVIRONMENTAL RESOURCES Oxbow- Special Account for the Treasure Coast Green Conference- The Board approved Resolution No. 07-238 in order to set up special accounts for the Treasure Coast Green Conference scheduled from 8:30 a.m. – 5:00 p.m. Thursday October 18, 2007 at the Port St. Lucie Community Center, 2195 SE Airoso Blvd.. Port St. Lucie. ADDITIONS CA-1 ADMINISTRATION Budget Amendment No. 07-075- and request for the Board to approve additional funding for Phase 1 of the St. Lucie County Sheriff’s Department recommended Security Improvement Plan in the amount of $2,575.00 for two additional swipe and access to the Commissioner’s office- The Board approved Budget Amendment No. 07-075 and the request for the additional funding for Phase 1. REGULAR AGENDA 5.A THERE ARE NO PUBLIC HEARINGS SCHEDULED 6. ITEM PULLED PRIOR TO MEETING 7. ADMINISTRATION/PURCHASING For consideration before the Board was staff recommendation to waive competitive conditions and approve staff’s request to award a contract to Calvin, Giordano & Associates Inc., for a not to exceed cost of $100,000 to complete the St. Lucie County Evaluation and Appraisal Report and authorize the Chairman to sign the contract as prepared by the County Attorney. Com. Coward requested there be as much public involvement as possible on this issue. It was moved by Com. Grande, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. 8. GROWTH MANAGEMENT Rural Land Stewardship Area Program Monthly Status Report- Staff recommends the Board accept the report and request action item discussion. The Planning Manager gave a monthly status update on the Rural Land Stewardship Program. He advised the Board of the following actions completed. 6 SSA Application The Stewardship Sending Area (SSA) application team submitted their formal response (Sufficiency Re-Submittal) to the County’s review th comments on July 25. A Sufficiency Comment Deadline is set for August th 6. A scheduled meeting with the applicant, its consultants, County staff and representatives for the Stewardship Receiving Area (SRA), took place th on July 30 to review and discuss statutory and County Code compliance requirements as they relate to the Sufficiency Review process. SRA Application th A scheduled Post Sufficiency Review Meeting was held July 25 with the Stewardship Receiving Area (SRA) applicant, its consultants, County staff and representatives for the SSA. The applicant received comments from staff regarding this process, and will work to provide responses, clarifications and additional information as part of their response to the SSA Sufficiency Review. Utilities No change DRI and Conceptual ERP Application The County is in receipt of The Treasure Coast Regional Planning Council thnd (TCRPC) letter dated July 24 noting their receipt of the county’s 2 Sufficiency Response in a timely manner. Environmental Advisory Committee Review The applicants, working with the County’s Environmental Resources Department, have a standing offer to schedule a site visit meeting for the Environmental Advisory Committee members. The Committee ha snot yet set a date for the site visit. SSA Application Staff is in the process of reviewing the Sufficiency Re-Submittal and th working to meet the Sufficiency Comment Deadline for August 6. SRA Application The SRA applicant is in the process of developing its response to the County’s Sufficiency Review. Upcoming Actions Consultant Funding The firm of MSCW has provided review and critique of the SSA Application. Staff feels similar consulting services for the SRA are critically 7 needed. No funding has been identified for these consulting services at this point. This issue needs to be addressed by the Board. Set EAC Meeting A meeting date must be selected, in August and legal notice given for September EAC meeting to review SSA Application and a courtesy review of the SRA Application. Com. Craft stated he believes the funding for the SRA consulting services were to be handled by the applicant since this program is to be fiscally neutral. Com. Coward stated this issue has been discussed and it needs to be said this project is to pay for itself and they are not paying for any more consultants or staff time until this agreement is finalized and it would not cost the taxpayers another dime. The Planning Manager stated he had discussed this with the applicant and Families Remembered and the Adams Ranch had committed to a reimbursement of the county’s consultant fee both for the Comp Plan and sending area review process and they are putting together a package they will be submitting to them for processing. The Asst. County Administrator stated when they brought MSCW their understanding was the applicant was to fund the cost of the Comp Plan as well as contribute $ 25,000 to go towards either the SSA or SRA with the understanding those reviews would be encumbered in that $25,000 commitment. The situation she believes MSCW has put in enough time in the SSA review that it will eat up the $25,000. They are in the mist of the SRA and there are not sufficient funds to cover that and she is not sure if staff has discussed this with the applicant about funding what additional consultant fund are needed for review of the SRA and if there is a commitment to do so. The question then to be asked is if the county was willing to fund the additional cost of the SRA. Com. Craft stated he believes the answer is within the ordinance and the comp plan. This project is required to be fiscally neutral. They need to quantify the cost and present the bill to the applicant. Com. Coward stated the applicant needed to bare the burden of consulting fees and staff time and this should be quantified and the bill should be sent to the developers so they can pay for it. The Asst. County Administrator stated they are talking about a big ticket dollar item, i.e. administration, engineering, environmental services staff time etc. This is a big dollar amount for the county departments that will continue to be involved in this issue. The representative from Florida Conservancy Group addressed the Board and stated hey had paid $26,331.42 to the county to review Cloud Grove DRI transportation. Also $27,000 SRA fees were paid 8 Com. Craft requested from staff a report on the staff time involved and what the applicant has paid for and the cost difference. The Asst. County Administrator stated she would bring back a report to the Board. The representative from Florida Conservancy Group stated she would provide staff with the information needed to assist in the report. RA-1 GRANTS This item was pulled. There being no further business to be brought before the Board, the meeting was adjourned. ___________________ Chairman _____________________ Clerk of the Circuit Court 9