HomeMy WebLinkAboutBOCC Minutes 10-09-2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: October 9, 2007 Convened: 9:00 a.m.
Adjourned: 11:55 a.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, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County
Attorney, Michael Brillhart, Eco., and Strategic Development Director; Debra Brisson,
Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities
Director, Beth Ryder, Communities Services Director, Jim David, Mosquito Control
Director, Marie Gouin, M & B Director, Neil Appel, Purchasing Director, Diana Lewis,
Airport Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth
Management Director, Vanessa Bissey, Environmental Resources Director, Millie
Delgado-Feliciano, Deputy Clerk
1.MINUTES
It was moved by Com. Smith, seconded by Com. Coward, to approve the minutes of the
meeting held October 2, 2007, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
A.Resolution No. 07-282 Proclaiming October 10, 2007 as the Seventh Annual
“PUT THE BRAKES ON FATALITIES DAY” in St. Lucie County, Florida.
It was moved by Com. Lewis, seconded by Com. Grande, to approve Resolution No. 07-
282, and; upon roll call, motion carried unanimously.
B.Resolution No. 07-297 – Proclaiming October 18, 2007 as
”INTERNATIONAL CREDIT UNION DAY” in St. Lucie County, Florida.
It was moved by Com. Coward, seconded by Com. Smith, to approve Resolution No. 07-
297, and; upon roll call, motion carried unanimously.
C.The County Administrator announced the Employee of the Quarter for July,
August and September, 2007, Kimberlee Gagnon, Central Services.
D.Resolution No, 07-308- Proclaiming the Month of October, 2007 as “Breast
Cancer Awareness Month” in St. Lucie County, Florida.
It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution
No. 07-308, and; upon roll call, motion carried unanimously.
3.GENERAL PUBLIC COMMENTS
Mr. Bob Bangert, St. Lucie County resident, addressed the Board with his concerns on
the water supply and recommended enforcing the water restrictions.
Mr. Michael Howard, Executive Director, UDT Seal Museum, addressed the Board and
thanked the Board members for their continued support.
1
Mr. Bill Pouland, St. Lucie County resident, Hotel Consultant, addressed the Board
regarding the Tourist Development Tax. Mr. Pouland alluded to a response received
from the County Administrator regarding the Tourist Development Tax revenues being
used for the stadium repairs and maintenance. He also addressed the Resolution passed
allocating funds to paint and repair the stadium. He believes the funds should be spent
for tourism advertising and general fund monies should be used for the repairs.
Mr. Chris Egan, Sheraton PGA and PGA Village Manager and a volunteer on the Tourist
Development Council addressed the Board and recommended the more advertising for
the area. He stated he concurred with Mr. Pouland’s comments.
Ms. Marty Allen, Lakewood Park resident, addressed item 5A and the condition of the
house. She advised the Board the property is in bad condition and should be demolished
and requested Board support of the demolishing of the structure.
Ms. Lisa Gillan, Representing the Hotel and Lodging Assn., addressed the Board and
requested the Board reconsider how the funds collected under the Ordinance of 2003 are
allocated. She requested the Ordinance be revisited and placed on the agenda for revision.
She advised the Board the marketing budget continues to decline.
Com. Coward stated he support increasing monies for marketing but does not wish to go
back and unravel or change the agreement because it would not be fair to the north
county.
Com. Coward addressed the item from last week regarding the “Drums on Fire” event.
The Cultural Affairs Director stated the Cultural Affairs Council will be meeting tonight
and will take requests and vote for the mini-grants program and the Drums on Fire event
will be one of them. There is money available for these types of events.
4.CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent
Agenda with item C9-D pulled for separate vote and item C5 D pulled and also to include
the additions, and; upon roll call, motion carried unanimously.
1.WARRANT LIST
The Board approved Warrant List No. 53 and No. 1.
2.COUNTY ATTORNEY
A.Second Amendment to Interlocal Agreement- Security Rates- The Board
approved the Second Amendment to the Interlocal Agreement, raising the
hourly rates of deputies and supervisors effective October 1, 2007.
B.Fifth Amendment to Interlocal Agreement - Weekend Work Program- The
Board approved the Fifth Amendment to the Interlocal Agreement, raising the
hourly rates of deputies and supervisors effective October 1, 2007.
C.Agri-Science Education Center- Third Amendment to Interlocal Agreement
with St. Lucie County School Board- The Board approved the Third
Amendment to the Interlocal Agreement and authorized the Chairman to sign.
D.Amendment to Revocable License Agreement- Dated November 25, 2003-
698 Rio Vista Blvd., The Board approved the Amendment to the Revocable
License Agreement and authorized the Chairman to sign the Amendment and
record the Amendment in the Public Records of St. Lucie County, Florida.
E.Ordinance No. 07-058- Amendment 1-12-36 (“General Business”) to correct a
scrivener’s error in the biennial increase for general business employing five
2
or less employees- The Board approved advertising Ordinance No. 07-058 for
public hearing on October 23, 2007 and November 20, 2007.
F.Florida Communities Trust- Hackberry Hammock/FCT Project 05-069-FFS-
Amendment 1 to the Declaration of Restrictive Covenants- The Board
approved Amendment 1 to the Declaration of Restrictive Covenants,
authorized the Chairman to execute the Amendment, transmit to Florida
Communities Trust and record the Amendment in the Public Records of St.
Lucie County, Florida.
G.Board of Trustees of the Internal Improvement- Trust Fund of the State of
Florida- Lease Agreement Lease Number 4511 Sheriff’s Firearms Training
Range- The Board approved the Lease Agreement with TIITF for the
Sheriff’s Firearms Training Range, authorized the Chairman to sign the
Amendment and directed staff to return to TIITF for further processing.
th
H. South 25 Street Roadway Widening – Midway Road to Edwards Road-
Temporary Construction Easement – River Oaks At Ten Mile Creek
Homeowners Association, Inc., - The Board approved accepting the
Temporary Construction Easement authorized the Chairman to sign the
Resolution No 07-299 and directed staff to record the documents in the Public
Records of St. Lucie County, Florida.
I. Contract for Sale and Purchase Harmony Heights Stormwater Improvement
Betty L. Ghee- Parcel I.D. 2429-802-0004-000-3 - The Board approved the
Contract for Sale and Purchase from Betty L. Ghee for the purchase price of
$20,000, authorized the Chairman to sign the Contract and directed staff to
proceed with the closing and record the Warranty Deed in the Public Records
of St. Lucie County.
J.Reynolds Millwork – Donation of Right of Way- 10 feet on Oleander Avenue
– Resolution No, 07-300- The Board approved accepting the Special
Warranty Deed, authorized the Chairman to sign Resolution No. 07-300 and
directed staff to record the documents in the Public Records of St. Lucie
County, Florida.
K.Unclaimed Monies Deposited or Collected by the St. Lucie County Clerk of
Court- The Board approved the attached Affidavit of Publication be filed and
recorded in the Board minutes.
3.PUBLIC WORKS
A.Engineering Division Approval Change Order No. 4- The Board approved and
authorized the Chairman to sign Change Order No. 4 in the deductive amount
of $44,520.00; released retainage in the amount of $29,760.46; and provide
Final Payment to Contract C04-04-178 in the amount of $28,573.08 deducting
for failed laboratory test and inspection overtime hours in the amount of
$1,187.38 to WPC Industrial Contractors for completion of the Platt’s Creek
Stormwater Management Facilities project.
B.Engineering Division- Second Amendment to Work Authorization No. 4
(C03-09-708) Engineering Services for Roadway and Intersection Design-
The Board approved Work Authorization No. 4 for an extension of time to
August 29, 2008 and an increase to the contract in the amount of $17,783.00
with Inwood Consulting Engineer for post Design Services on an as to needed
basis for the Avenue J Pedestrian Bridge Project.
4.HUMAN RESOURCES
3
CJ Critical and Palm Beach Trauma Associates Invoices- The Board approved payment
of CJ Critical Care invoice in the amount of $7,470.00 and Palm Beach Trauma
Associated invoice I the amount of $588.00 per Florida Statute.
5.PARKS AND RECREATION
A.Budget Resolution No. 07-295 Acceptance of grant funding- The Board
approved Budget Amendment No 07-295 accepting funds from St. Lucie
County Weed and Seed in the amount of $15,660.00 for summer camp
enrollments.
B.American Cancer society/Relay for Life/Waiver of Fees/Lawnwood Complex-
The Board approved waiving fees in the amount of $500.00 as requested by
the American Cancer Society for its annual RELAY FOR LIFE event
thth
scheduled to be held at Lawnwood Complex on March 8 and 9, 2008.
C.Savannas Campground/Lease-Sublease with On-site Law Enforcement
Officer- The Board approved the Lease/Sub-Lease as drafted by the County
Attorney with Officer Sal Garcia, allowing him to resident in Katherine
England’s trailer, located under existing contract at the Savannas in exchange
for performing security duties as defined in the Lease/Sub-Lease and
approved extending the Lease Agreement an additional three years.
D.Request for approval to serve alcohol at Pepper Park- This item has been
pulled.
6.SHERIFF
Request for Retroactive approval for distribution from the 2006/2007 Law Enforcement
Trust Fund in the amount of $246,354.- The Board approved the Sheriff’s retroactive
request and transfer of funds in the amount of $246,354. for 2006/2007.
7.PARKS REFERENDUM
Approve Florida Youth Conservation Corps to purchase and install guardrail for the new
decal lane on Emerson Avenue- The Board approved Florida Youth Conservation Corps
to purchase and install guardrail for the new decal lane on Emerson Avenue and to use
Park Referendum funding in the amount of $5,620.15.
8.GRANTS
A.Authorize the submittal of a grant application to the PETCO Foundation- The
Board approved the submittal of the grant application to the PETCO
Foundation on behalf of the Humane Society of St. Lucie County, Inc.
B.Authorize the submittal of a grant application to the American Humane
Society- The Second Chance Fund on behalf of the Humane Society of St.
Lucie County- The Board approved the submittal of a the application for
funding to aid in providing medical treatment and rehabilitation to abused and
neglected animals.
9.PURCHASING
A.Second Amendment to Contract C06-08-407 with Hulett Environmental
Services for Pest Control Services- The Board approved the second
amendment to contract C06-07-407 with Hulett Environmental Services,
adding Tradition Field and Open Space Pool to the existing pest control
contract, and authorized the Chairman to sign the amendment as prepared by
the County Attorney.
4
B.Board approval to advertise an Invitation to Bid to construct a sidewalk
located in the FDOT right of way on Emerson Avenue along the length of
Lakwood Park- The Board approved advertising the Invitation to Bid for the
above noted project.
C.Board approval to negotiate a lease agreement with the # 1 ranked firm, from
Request for Proposals # 07-100 Mobarak Aircraft, LLC- The Board approved
negotiating a lease agreement with Mobarak Aircraft, LLC and authorized the
Chairman to sign the agreement as prepared by the County Attorney.
D.Board approval to reject all bids- This item was pulled for separate vote.
10.UTILITIES
Work Authorization with Masteller & Moler Inc., - The Board approved the Work
Authorization with Masteller & Moler Inc., for engineering services pertaining to the
Holiday Pines Reverse Osmosis Permeate Water Plant capacity increase from 250,000
gpd to 500,000 gpd in the amount of $93,750.00.
11.ENVIRONMENTAL RESOURCES
First Amendment to Contract C07-03-147 with RTP Environmental Associates- The
Board approved the First Amendment to Contract C07-03-147 with RTP Environmental
Associates to provide Air Quality specialist Services to review documents and attend
public workshops pertaining to a PlasmaArc Facility in St. Lucie County to extend the
time of service for a period not to exceed 180 days and to authorize the Chair to sign the
agreement as prepared by the County Attorney’s office.
12.CULTURAL AFFAIRS
A.The Board approved authorizing the Chairman to sign the grant contract with
the UDT navy Seal Museum for $40,000 in operating expenses.
B.The Board approved authorizing the Chairman to sign the grant contract with
the Cultural Affairs Council for $65,000 that will be distributed in grants for
the Zora Neal Festival, the mini grant program and for CAC operating
expenses.
CA-1. COUNTY ATTORNEY
Teamsters Local Union No. 769 – First Amendment to October 1, 2006 Collective
Bargaining Agreement- The Board approved the proposed First Amendment to the
October 1, 2006 Collective Bargaining Agreement with Teamsters Local Union No. 769
and authorized the Chairman to sign the amendment subject to ratification by the
members of the bargaining unit.
CA-2. PARKS AND RECREATION
Advertising RFB- The Board approved advertising a Request to Bid for the Lawnwood
Skate Park construction project.
CA-3. MANAGEMENT AND BUDGET
Budget Resolution No. 07-305- The Board approved Budget Resolution No. 07-305.
CA-4. MANAGEMENT AND BUDGET
Adopt Budget Resolution No. 07-306- The Board adopted Budget Resolution No. 07-
306 to correct the fund number of the Hurricane Housing Recovery Plan retroactive to
10/1/06.
5
CA-5. CENTRAL SERVICES-
David Brooks Enterprises- Change Order No. 1 to # C07-01-037- St. Lucie County Clerk
of Court Window Repair- The Board approved Change Order No. 1 to Contract # C07-
01-037 David Brook enterprises, Clerk of Court Window Repair Project, to decrease the
contract amount $49,875.00 the new contract sum will be $489,125.00 and authorized the
Chairman to sign the Change Order as prepared by the County Attorney.
REGULAR AGENDA
5.A PUBLIC WORKS
Building and Zoning Division- Request the Board of County Commissioners give
permission to demolish fire damaged structure at 7909 Paso Robles Blvd., Ft. Pierce,
Florida. This building has been found by the Building Official to be more than 50%
damages and is unsafe and constitutes a nuisance- Staff recommends the approval by the
Board if not taken down and property cleaned by October 22, 2007 the Board will give
the Code Enforcement Department permission to proceed to contract L.E.B Demolition
Company as they were the lowest bidder, to demolish the structure and clean the property
of all junk, trash and debris.
It was moved by Com. Grande, seconded by Com. Lewis, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
End of Public Hearings
6. GROWTH MANAGEMENT
Petition of Pressure Pro Inc., for a Major Adjustment to a Major Site Plan approval for
the project known as Pressure Pro for an addition of 14,730 square foot of space to an
existing 21,815 square foot facility for a total of 36,545 – Draft Resolution No. 07-140-
Consider staff recommendation to adopt Resolution No, 07-140 with 4 limiting
conditions.
It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No.
07-140, and; upon roll call, motion carried unanimously.
ADDITIONS
RA-1. PURCHASING
Consider staff recommendation that the Board approve to reject all bids received from
Invitation to Bid # 07-099 Construction of Administration Chiller Plant and re-bid the
project as a unit price bid.
The Purchasing Director addressed the item and gave an overview of the original bid, the
re-bids and the protest.
The County Attorney recommended they reject all bids and go out for a re-bid for a third
time and also changing the method of biding.
Mr. Bill Stewart, Air Mechanical and Service Corporation, (low bidder) addressed the
Board and stated they were lead to believe it was a “lump sum” project and line items
were for informational purposes only. He asked questions during the pre-bid meeting.
They are the most responsive, responsible bidder and received a letter of intent then 6
fays later received a letter of rejection. He cannot see how they can come up with the use
of a breakdown, this should have been requested up front.
The County Attorney stated he was comfortable with re-bidding the project. He also
stated he is aware the county did not do things the way it should have. However in
6
speaking with the consulting engineer he expressed his concerns and felt they needed
more information and recommended re-bidding the project.
Mr. Brad Ayres, Siemens Technologies, addressed the Board and gave an overview of
their bid and felt they were the most responsive low bidder on the first bid. He read letter
from his legal department regarding their protest. He stated they would however go
rd
along with the 3 re-bid of the project.
Com. Smith requested in the future there be a form stating what is and what is not
necessary.
Com. Craft stated what is not required should not be on the form to avoid confusion.
It was moved by Com. Coward, seconded by Com. Smith to approve staff
recommendation to reject all bids received from Invitation to Bid # 07-099 and re-bid the
project as a unit price bid, and; upon roll call, motion carried unanimously.
C9D. It was moved by Com. Smith, seconded by Com. Grande, to approve staff
recommendation and reject all bids, and; upon roll call, motion carried unanimously.
RA.2- GROWTH MANAGEMENT (1:09:28)
Queens Island Preserve Major Site Plan MJSP 820071304- Consider staff
recommendation to approve Resolution No. 07-291 granting Major Site Plan and
Certificate of Capacity approval for the project known as Queens Island Preserve with
limiting conditions.
The Planning Manager addressed the Board and gave an overview of the project. The
applicant provided a revised site plan with development of 16 lots to staff and the DRC.
He advised the Board of the fact that there are still two issues remaining, a) the dune
location and how one determines its location and b) if one moves the lots and the dune
location to the west it will require elimination of the access road.
The Environmental Resources Director advised the Board of the 2 issues they are not able
to agree on with the applicant. 1) the landward edge of the frontal dune and 2) the
applicant did not explore the removal frontage on A-1-A in order to preserve more of the
dune preservation area. They are recommending the applicant redesign the site to
eliminate the internal driveway, servicing the proposed lots on the east side of A-1-A,
replace with five combined driveways, each driveway serving 2 lots, directly off A-1-A
and shift the ten proposed lots as far westward as possible. The applicant would then
reschedule a pre-application meeting with the FDOT and present an alternative plan
showing the shared driveway. Should the FDOT deny the alternative plan then the plan
with one entrance off A-1-A will be considered the only permissible layout and therefore
be approved by the Board.
Com. Grande questioned if the staff should be the proposer of the solution/alternative and
not the applicant and bring it to the FDOT.
Com. Smith stated he hope the applicant would want to work in good faith and disclosure
with the DOT. It would be in their best interest so they could come back to the Board
with approval from the environmental staff and the DOT.
Mr. Malafatto, representing the applicant, Queens Island Preserve, addressed the Board
on the item. He reviewed the original proposal, the reduction and modifications made to
the project since then. He believes it is an access and traffic safety issue. They are
preserving 82% of the property and they do not intend to have construction into the dune.
Ms. Dodie Glass, Gentile, Holloway, O’Mahoney addressed the Board and reviewed the
design of the project and requirements. She stated, if they were to shift the lots they
would need to account for the drainage and the utility. An aerial view of the surrounding
area was presented.
7
Mr. Darwin Stubbs, Isiminger & Stubbs Coastal Engineers addressed the Board regarding
with what they believe is the frontal landward edge of the dune and provided a map
indicating the control lines. He provided the definition of the frontal landward edge dune
and how it is identified.
Quasi –Judicial
The Board members acknowledged speaking with the applicant and the representatives.
Ms. Glass explained why they felt one access on A-1-A would be feasible for the project.
Mr. Malafatto addressed why they felt it would be much better with their plan opposed to
county staff’s.
The Environmental Resources Director stated staff wrote their recommendation in this
manner due to the fact the DOT has previously considered and approved this type of
multiple access requests with justifiable circumstances. If they do not approve then staff
understands and would refer to the Board for approval.
Com. Grande stated in his mind this does not rate a pass or fail based on one access or 5
accesses. He believes they are premature in the process in working through specific
designs questions with our staff. It would task a lot for the Board to over ride staff’s
recommendation.
The representative stated they were informed by the FDOT that they would not support
this concept of 5 entrances if they formally went to them. Their main objective is
moving vehicles and protecting the safety of the people on the roads.
Com. Grande stated this was one of the problems he had in approving this with
conditions today. He felt there was an incredible difference here between 80 feet and 24
feet and felt this was not the place for this to be resolved and asked why it is before the
Board without it being resolved. The Board should be hearing what they have agreed on.
Com. Lewis stated what she had heard was they had an issue they could not agree on and
it’s pretty much up to DOT at this point.
Com. Coward stated they are being asked to key into an issue that does not have clarity.
He recommended tabling the matter and sending the application to the DOT and return to
the Board with the DOT’s recommendation in writing which would make the Board’s
decision much simpler with regard to the site plan.
The representative advised the Board they had received a letter from the DOT on the May
th
24 where it indicated denial and variances would be needed and they were afraid if they
pushed it too far they may have a problem with the DOT.
It was moved by Com. Lewis, (at this time the gavel was passed to the Vice Chairman)
seconded by Com. Craft to move forward with staff recommendation and conditions as
proposed by staff;
Com. Grande stated he could not support the motion due to the fact the issues have not
been worked out to staff’s satisfaction and does not believe they will be.
Upon roll call, the vote was as follows: Nay’s: Grande, Smith; Aye’s: Coward (although
not his preference but will go along with staff ); Lewis, Craft; motion carried by a vote of
3 to 2.
st
Com. Coward requested staff be present at the FDOT meeting on November 1 scheduled
with the applicant.
The applicant welcomed staff’s presence at the meeting.
8
RA.3- GROWTH MANAGEMENT
AG-PUD Provide staff direction if needed.
Com. Coward stared he would like to direct staff to seek clarification from the State Land
Planning agency on this topic and how they interpret the 80% rule.
Com. Lewis recommended supplying the verbiage and have then comment on it.
Com. Grande addressed the composition of the advisory group. He recommended staff
getting together with the legal staff regarding the action taken recently against the county
by the landowners.
Com. Lewis expressed her concerns with the list placed before them today.
There being no further business to be brought before the Board, the meeting was
adjourned.
____________________________
Chairman
___________________________
Clerk of the Circuit Court
9