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HomeMy WebLinkAboutBOCC Minutes 12-04-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 4, 2007 Convened: 6:00 p.m. Adjourned: 8:50 p.m. Commissioners Present: Vice Chairman, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande, Joseph Smith absent on county business Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities Director, Diana Lewis, Airport Director, Neil Apple, Purchasing Director, Vanessa Bissey, Environmental Resources Director, Ed Fry, Clerk of Courts, Leo Cordeiro, Solid Waste Director, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held November 27, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS Mr. Ed Fry, Clerk of the Circuit Court, addressed the Board regarding the State Board Administration Investments. He advised the Board of existing problems with the local government investment pool made by the State Board Administration. He stated the Pool had been a great investment for 25 years but unfortunately this was no longer the case. The Clerk advised the Board of the article dated November 14, 2007 by Bloomberg. It stated that 2.2 billion dollars of investments in the local government pool had been down rated by the rating agency to below investment grade. Investments by the SBA were to be short term, top rated liquid and securities but unfortunately the SBA made bad investments. The SBA had assured local governments they would have access to all funds and there would be no risk of loss. However some local governments started to withdraw their funds and this made a run on the banks causing the Governor and Cabinet to suspended all withdrawals and deposits from the fund. An Advisory Committee was formed to make recommendations to the Governor. There were 6 recommendations made to the Governor and the Cabinet. The primary recommendation was for the State to provide a guarantee that all participants in the pool receive 100% of their money back. Blackrock also recommended the pool be split into two funds: Fund A- containing all solid investments and Fund B containing those at risk. The Clerk advised the Board the Governor and the Cabinet met this morning to discuss the recommendations made by the Committee and Blackrock and approved the recommendation of separation of funds. Fund A to have 86% and Fund be 14%. On Thursday the pool will be opened for withdrawals with the stipulation that up to 15% of the funds or $ 2million can be withdrawn whichever is greater. His main concern is that the Governor and the Cabinet would not guarantee 100% of the funds be returned. The Clerk advised the Board of his intention to withdraw all possible funds and invest them in “Triple A” money market funds. A graph indicating the County’s Investment Status as of November 30, 2007 was provided to the Board for their review as well as the projected cash flow. He assured the Board the County would have all the necessary funds to meet their obligations through the fiscal year. In his review of the Investment Policy he is recommending a proposed revision of the portfolio composition as follows: 1 VII.PORTFOLIO COMPOSITION H. Money Market Funds A maximum of 80% of the portfolio may be invested in institutional money market funds. Money market funds must have an “AAA” rating from Moody’s Standard and Poor’s or Fitch. A maximum of 25% of the portfolio may be invested in any one money market fund. Com. Coward stated normally the Board would require speaking with the Investment Advisory Committee members before making any changes. The Clerk advised Com. Coward with the time constraints and the fact this was such short notice, most of the members were unavailable to be here today with the exception of one member, Mr. Todd Bevins who was present. He believed he needed guidelines and structure to be able to move forward. Com. Coward stated he understood the magnitude of this issue and that the Clerk needs the flexibility to resolve the problem. He requested the Clerk acknowledge that he has not heard any concerns from the Advisory Committee to date and that he will go back to the Committee to review and revise what is before the Board today if necessary. The Clerk acknowledged he would be doing so. The Clerk stated he would like to make the change due to the fact he would be withdrawing funds on Thursday and would like to have the perimeter in place. Com. Lewis stated given the situation she agreed with the fact they needed to withdraw the remaining funds as soon as possible and did not see a problem with putting this in place today and making any necessary changes later. The Clerk stated he would discuss the issue with the Investment Advisory Committee and would come forward with recommendations. He hopes to meet with them within the next week or two. The County Attorney recommended this being done by Resolution and believes he can have the Resolution drafted by next Tuesday. He recommended an interim approval be given so the Clerk may move forward and then agenda the Resolution for Tuesday’s meeting when the Board can review both the language and the committee’s input. It was moved by Com. Grande, seconded by Com. Coward, to approve staff (County Attorney) recommendation, and; upon roll call, motion carried unanimously. The County Administrator advised the Board that in his meeting with the Legislative Delegation he had advised them the funds of $20 million in Fund B (high risk) is mainly the County’s emergency reserves. He also advised them he was requiring the County be made whole on the investments. The Clerk stated he was concerned with the fact the SBA had not advised anyone of the types of investments they were making and also the type of risks they were taking with the County’s money. The County had relied on their expertise and knowledge. The County Administrator advised the Board of the problem he encountered as a member of the Florida Ports’ Council where they could not make a payment on a bond due to the SBA freezing the funds. The Florida Ports’ Council acquired a loan from the DOT to pay the Bond so they would not be considered in default by the rating company. 2 The Board directed staff to work with the Clerk of Court in drafting a letter or a Resolution to be brought before the Board for review. 3.GENERAL PUBLIC COMMENTS Mr. Pat Prosceutti Triple SA Baseball Club addressed the Board and presented their surplus funds as a donation to the County for the Parks and Recreation Department for use possibly at Elks Park. The donation amount was $1500.00. Mr. Richard Landon, Indian River Drive resident addressed item 6 on the agenda and expressed his appreciation to the Board for having the area cleared and stated the situation has improved. Mr. Douglas Ashley, Rio resident, addressed the Board on item 6 and stated he had an accident on the drive in April of 2006 at the intersection in question. He congratulated the county on having the area cleared. He strongly recommended the County also look at the Midway Road and Indian River Drive intersection which he felt needs some safety precautions taken. Mr. Rodney Grant, area resident, addressed the Board with a flooding problem he has on his property due to an access. He advised the Board he has been addressing this issue with the county for quite some time. He is requesting the Board assist him in the overspill from the wetlands. Also his home keeps getting re-addressed. His original address was 8620 U.S. 1 but continues to be given the 2050 Lake Lucie Drive address. The County Administrator advised Mr. Grant he would be looking into the matter and requested copies of all correspondence and asked he be given the opportunity to be brought up to speed on the issue. Ms. Carol Schultz, Indian River Drive resident, addressed the Board and thanked them for clearing the land on the Drive, however she wished to advise the Board of her opposition to stop signs. Ms. Susie Caron, Indrio Road resident, addressed the Board regarding the “windmills” and stated she did not have a positive outlook on windmills being placed on public property because St. Lucie County is a green community. Mr. John Arena, Ft. Pierce resident addressed the Board regarding the old plant at Morris Creek and asked where the manatees would go for warmth should this plant be removed. He also addressed what he felt was the “Mexican Mafia” being in the area. Mr. Richard Langdon, Indian River Drive resident, addressed the clearing of the Drive once again and stated the clearing did not include 3 parcels closer to the South and felt if they were included, it would provide better visibility all the way down the road. Ms. Bonnie Tilman, 8613 Shady Lake Lane, Ft. Pierce, addressed the Board and requested information with regard to the property taxes and their purpose. She wished to know the correlation between the property value and their burden to the county. Com. Craft stated everyone is aware that we have a broken tax system in the State and creates inequities. He believes the state will not make anything more palatable but will make it worse. Com. Grande stated unless those who are more fortunate and are thankful for their good fortune pick up the slack, we would not have a community or a society. Ms. Tillman stated she felt she is being punished for that very reason and for building a home. She wanted to know why her obligation to the county is so great. The County Attorney advised Ms. Tillman the state has set up a system on how the county can tax. These issues need to be brought to the State Legislature and the Governor, the county has no control of how the state structures the taxes. The county 3 lowers the millage in order to attempt to bring some kind of relief to the owners. The Board has only the ability to set the millage. Mr. Roger Sharp, Indian River Drive resident and Chairman of the Indian River Lagoon Scenic Highway addressed the Board on this issue. He felt the project could have been done with stop signs and limited removal of vegetation instead of bulldozing and clearing the land. He believes the county could have saved the cost and felt it was an unnecessary expense. He believes it will now need to be maintained and railings installed. 4.CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda, with items CA-1 and CA-2 included, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 9. 2.COUNTY ATTORNEY Third Amendment to Agreement with Clarion and Associates- The Board approved the Third Amendment and authorized the Chairman to sign. 3.AIRPORT A.Request approval for Work Authorization No. 7 for LPA Group to provide consultant services to remove exotics on a 12.13 acre mitigation site at the St. Lucie County International Airport, a limp sum cost of $32,000.- The Board approved Work Authorization No. 7 for a total lump sum cost of $32,000 and authorized the Chairman or designee to execute the same. B.Request for Board to approve Change Order # 1 for Ocean Gate General Contractors, Inc., - The Board approved Change Order # 1 for Ocean Gate General Contractors Inc., for an additional cost of $30,040.25 changing the contract amount from $2,298,498 to $2,323,538.25 adding 81 days to the contract time, changing the substantial completion date to January 8, 2008 for the construction of the new Aircraft Rescue and Firefighting Facility at the St. Lucie County International Airport and authorized the Chairman or his designee to execute same. 4.PUBLIC WORKS Engineering Division- Professional Engineering Services Stormwater Management- First Amendment to Work Authorization No. 1 with PBS&J for a time extension through August 31, 2009 for Paradise Park Subdivision Stormwater Improvements Phase II to assist St. Lucie county throughout our construction phase- There are no funds associated with this item- The Board approved the First Amendment to Work Authorization No. 1and authorized the Chairman to sign. 5.PURCHASING A.Fixed Asset Inventory – Property Record Removal- The Board authorized staff to remove the records from the fixed asset inventory of the Board of County Commissioners. B.Award Invitation to Bid- The Board approved awarding Invitation to Bid # 08-005 Construction of the St. Lucie County Skateboard Park to the lowest responsive, responsible bidder, AWM Construction, Inc., for the cost of $545,415.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. 6.CENTRAL SERVICES 4 A.Bid Waiver and Sole Source Declaration- Millennium Marble & Tile Inc- Sealant restoration of existing granite façade panels on the exterior of the downtown Courthouse Annex Building - The Board approved the Bid Waiver and the Sole Source Declaration to Millennium Marble and Tile Inc., at a cost of $167,700. and authorized the Chairman to sign the contract as prepared by the County Attorney. B.David Brooks Enterprises/ Contract # C05-12-636/Change Order No. 8 Construction of the New Clerk of Courts Building to include only Phase 1 construction of the Old Clerk of Court Remodel.- This project is of high priority as it will provide immediate relief to the current space needs with additional courtroom space and will be connected to the new Clerk of Courts Building. Estimated cost to complete Phase 1 is $4,796,197 and approval and implementation of this Change Order No. 8 will: Save project time: By providing David Brooks Enterprises, already on site with construction of the New Clerk of Court Building., construction of the Chiller Plant, and the window repair and resealing of the exterior limestone panels on the Old Clerk of Court Building., to move forward with Phase 1 Savings in project costs: By utilizing the Direct Material Purchase option (tax exempt purchases/sales tax savings) already in place with David Brooks Enterprises for the construction of the New Clerk of Courts building. This Change Order is for Phase 1 construction only. The Board approved Change Order No. 8 to # C05-12-636, David Brooks Enterprises, to include only Phase 1 construction of the Old Clerk of Court Remodel project at the cost of $4,796,197 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. 7.GRANTS Authorize the submittal of a grant application to Children’s Services Council of St. Lucie County on behalf of In The Image of Christ Inc., a non profit organization for funding to promote Kwanzaa – A Unique Celebration Pride Program for all residents in St. Lucie County- The Board approved the submittal of the grant application. 8.UTILITIES Staff requests approval of a Work Authorization with CDM, Inc., for engineering services related to the water, wastewater and reclaimed water rate and connection fee study in the amount of $49,700.00- The Board approved Work Authorization with CDM, Inc. for engineering services in the amount of $49,700. 9.ADMINISTRATION A.AG PUD Steering Committee- Cattlemen’s Association would like to appoint Jim Russakis as their representative on the Agricultural Development Steering Committee- The Board ratified the appointment of Jim Russakis . B.Art in Public Places Committee- The Board ratified Com. Craft’s appointment of Mr. Havert Fenn to the Art in Public Places Committee. REGULAR AGENDA 5.A COUNTY ATTORNEY 5 Ordinance No. 07-051- Amending Chapter 1-2.3 (Airports and Aircraft) by adopting Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport- Consider staff recommendation to approve Ordinance No. 07-051 as drafted. Com. Coward questioned the changes not being in the document that is before them tonight. The Assistant County Attorney addressed this issue and stated the changes would be incorporated into the actual document. Ms. Susie Caron, Indrio Road resident, addressed the Board and stated she hoped all had been reviewed and they had included the general aviation community. The Airport Director advised the Board of all the meetings they had scheduled regarding this issue. She stated they had provided copies of the documents for their review and comments. They met with the tenants and a small committee representing the tenants and everyone is satisfied. It was moved by Com. Coward, seconded by Com. Craft, to approve staff th recommendation as set forth in the Assistant County Attorney’s memo of Nov. 29 and incorporate those into Ordinance No. 07-051, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY Ordinance No, 07-013 Providing the Terms and Conditions for Installing, Constructing and Maintaining a Communications Facility in the County’s Public Right of Way for the Provision of Communications Service- This is the first of two public hearings – No action required. Staff requested this issue be continued for January 22, 2008 at 9:00 a.m. or as soon thereafter as it may be heard. It was moved by Com. Craft, seconded by Com. Coward, to continue this item on January 22, 2008 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. ADDITIONS CONSENT CA-1 PURCHASING Award Invitation to Bid # 07-111- The Board approved awarding Invitation to Bid # 07- 111 Construction of the Emergency Operations Center to the lowest responsive, responsible bidder, Paul Jacquin & Sons, Inc. for 1) The amount of $8,552,000.00 2) authorized staff to reduce the amount of the award for County purchased bid items and alternates not used, and 3) authorized the Chairman to sign the contract as prepared by the County Attorney. CA-2 GRANTS Authorized the County Administrator to sing the FEMA Project Completion and Certification Report for Hurricane Irene (Disaster 1306) The Board approved authorizing the County Administrator to sign the Federal Emergency Management Agency Project Completion and Certification Report for Hurricane Irene. END OF PUBLIC HEARINGS 6. PUBLIC WORKS 6 Multi-way stop signs at Indian River Drive and Walton Road Intersection- Public Works Staff is requesting Board consideration to approve Resolution No. 07-344 providing for the installation of stop signs at the Indian River Drive and Walton Road Intersection. The Public Works addressed this item and advised the Board the Sheriff had recommended installation of the signs. He advised the Board a study was done and felt the intersection does not meet the criteria or warrants for the stop signs. He expressed his concern that placing stop signs in an area that does not meet warrant criteria may set a precedent. Staff’s recommendation was not to place the stop signs due to the fact the intersection does not meet the criteria or warrants. The will maintain the area now that it is cleared and will be seeding and mulching the area. Com. Craft stated he would have originally preferred to have the stop signs as opposed to what had been done for public safety reasons. He wants to make sure now that it is cleared it is maintained. Com. Coward stated he supported the new motion due to the fact the removal of the vegetation has resolved some of the problem however, he believed the speeding issue was still of great concern to him and needed to be monitored by the Sheriff’s department. It was moved by Com. Grande, seconded by Com. Coward, to approve the revised staff recommendation and also the area be maintained as indicated, and continue to monitor and come back to the Board to place the signs should the need occur, and; upon roll call, motion carried unanimously. ADDITIONS TO REGULAR AGENDA RA-1. COUNTY ATTORNEY Resolution No. 07-390- to support maintaining the Indian River Lagoon Blueway Project on the “A” Acquisition List under the Florida Forever Program- Consider staff recommendation to adopt Resolution No. 07-390 as drafted. It was moved by Com. Coward, seconded by Com. Craft to approve Resolution No. 07- 390, 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 Court 7