HomeMy WebLinkAboutBOCC Minutes 01-11-2008
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: January 8, 2008 Convened: 9:00 a.m.
Adjourned: 10:20 a.m.
Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Chris Craft, Doug
Coward, Charles Grande
Others Present: Doug Anderson, County Administrator, Lee Ann Lowery, Asst. County
Administrator, Dan McIntyre, County Attorney, Michael Brillhart, Economic & Strategic
Development Director, Don West, Public Works Director, Lauri Case, Utilities Director,
Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Marie
Gouin, Management and Budget Director, Neil Appel, Purchasing Director, Mike
Pawley, County Engineer, Roger Shinn, Central Services Director, Diana Lewis, Airport
Director, Mark Satterlee, Growth Management Director, Richard Bouchard, Erosion
Manager, Millie Delgado-Feliciano, Deputy Clerk
1.MINUTES
It was moved by Com. Lewis, seconded by Com. Grande, to approve the minutes of the
meeting held December 18, 2007, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
A.Resolution No. 08-026- Proclaiming January 26, 2008 as “ The Agricultural
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and Labor Program, Inc., 40 Anniversary Day in St. Lucie County, Florida.
It was moved by Com. Craft, seconded by Com. Lewis to approve Resolution No. 08-
026, and; upon roll call, motion carried unanimously.
B.Mr. Carlos Gonzalez made a presentation on the FAU/St. Lucie County
School Board Laboratory School.
3.GENERAL PUBLIC COMMENTS
Mr. Wells, Toys for Tots Coordinator, addressed the Board and thanked the Community
Services Director and staff for their support this year.
Mr. Bill Blazak, Culpepper & Terpening addressed item # 6 on the agenda and requested
conditions 11 and 12 be deleted and requested the Board approved the Right of Way
permit . He believes they can get to the east side of the road will present a design for the
east side of the road. The conditions would belabor the process.
The County Administrator stated this is exactly what the county is requiring and
recommended pulling this item and re-agenda it for next week in order to have the
changes and a new drawing completed.
The County Attorney stated if the proposal is for going down the east side of Rangeline
Road with a surface line under the road this is what the Board is requesting this would be
acceptable to the county as per Com. Craft’s letters.
The County Attorney advised the Board staff was comfortable with approving the permit
based on those conditions and they can work out the details.
The County Administrator questioned the size of the line.
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Mr. Blazak stated he believed it would be a 16” line on the east side and then would up-
size across the road.
Com. Craft stated he would like to base it on the new condition.
It was the consensus of the Board to discuss this further when the item is presented on the
agenda.
Ms Pamela Hammer, Reserve resident, addressed the Board and stated she gets nervous
when things come up at the last minute and the Board has not had a chance to review the
requested changes.
Ms. Arlene Goodman, area resident addressed item C-15B and requested the Board
reconsider this issue. The Board is not sure what loss the county will feel if at all after
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the 29 referendum.
Com. Smith advised Ms. Goodman the positions being eliminated are fee based and were
funded by fees and not by ad valorem taxes. The positions were created due to the influx
of permits when the building boom was in existence in the County.
4.CONSENT AGENDA
It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda,
with items C9 and C12-C being pulled and; upon roll call, motion carried unanimously.
1.WARRANTS LIST
The Board approved Warrant List Nos. 12, 13 and 14.
2.COUNTY ATTORNEY
A.Revocable License Agreement- Sun Grove Montessori School, Inc., Parcel
I.D. 3403-502-0294-000/4- The Board approved the Revocable License
Agreement and authorized the Chairman to sign the Revocable License
Agreement and directed Sun Grove Montessori School to record the document
in the Public Records of St. Lucie County, Florida.
B.Resolution No. 08-027 The Board approved urging Congress to Amend
Necessary Federal Financial Participation for Medical Benefits to incarcerated
individuals- The Board adopted Resolution No. 08-027 as drafted.
C.Permission to Advertise Ordinance No. 08-001-Amending Art In Public
Places Ordinance for Airport Projects - The Board granted permission to
advertise the Public Hearing for Ordinance No. 08-001 for January 22, 2008 at
9:00 a.m. or as soon thereafter as it may be heard.
D. Resolution No. 08-040- Amending Terms of Treasure Coast Education,
Research and Development Authority Members- The Board approved
proposed Resolution No. 08-040 as drafted.
E.Phoenix Metal Products, Inc.- Third Amendment to January 13, 1998 Lease
Agreement- The Board approved the proposed Third Amendment to the
January 13, 1998 Lease Agreement with Phoenix Metal products, Inc.. and
authorized the Chairman to sign the document.
3.GROWTH MANAGEMENT
A.Approval First Amendment to Contract C07-07-490 with Fla. Atlantic
University to extend the term of the contract until 9/30/08- The Board
approved executing the First Amendment to contract C07-07-490 with Fla.
Atlantic University.
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B.Ordinance No. 08-003- amending Section 3.01.03.A of the St. Lucie County
Land Development Regulations- The Board approved advertising Ordinance
No. 08-003.
4.PARKS AND RECREATION
A.Equipment Request 08-295/Gator Utility Cart/Savannas Recreation Area-
The Board approved Equipment Request No. 08-295 for the purchase of an
additional Gator utility cart for the Savannas Recreation Area.
B.Fairgrounds Wastewater Treatment Plant Expansion/Donation Agreement-
Fairgrounds approve Budget Resolution No. 08-029- The Board approved
Budget Resolution No. 08-029 accepting the St. Lucie County Fair
Association’s $50,000 donation for its proportionate share of the Fairgrounds
Wastewater Treatment Expansion Project.
C.Tradition Field proposed pricing for ticket, parking, programs and concessions
for the 2008 baseball season- The Board approved Sterling Facility Services,
LLC’s proposed 2008 pricing for the following areas of operation: ticket,
parking programs and concessions at Tradition Field.
D.Donation to St. Lucie County Parks and Recreation Department and approval
of Budget Resolution No, 08-025- The Board approved Budget Resolution
No. 08-025 and accepted the donation in the amount of $1,500 from the St.
Lucie County Pilot Baseball program to be used towards maintenance at Elks
Park.
5.ADMINISTRATION
Extension of Contract with Marlowe and Company for Federal Lobbyist Services- The
Board approved entering into an agreement as drafted by the County Attorney with
Marlowe and Company for the period of January 1, 2008 to December 31, 2008 in the
amount of $27,000 for Federal Lobbyist Services other than beach renourishment.
6.SHERIFF’S OFFICE
Draw Request- January 2008- The Board approved the Sheriff’s double draw request for
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January 1, 2008 in the amount of $10,605,678.84 (1 draw $ 5,302,839.42) (2 draw
$5,302,839.42).
7.ECONOMIC & STRATEGIC DEVELOPMENT
FY 07/08 Grant Contract for Bid Fees and Sponsorships in the amount of $40,000 with
the Treasure Coast Sports Commission- Contract funding will be used to reimburse the
TCSC for expenses associated with bid fees and sponsorships for sports events
administered by the Sports Commission on the Treasure Coast - The Board approved the
FY 07/08 Grant Contract for Bid Fees and Sponsorships in the amount of $40,000 with
the Treasure Coast Sports Commission.
8.PUBLIC SAFETY
Updated Comprehensive Emergency Management Plan and Resolution No. 08-023- The
Board approved the updated Comprehensive Emergency Management Plan along with
Resolution No. 08-023 and authorized the Chairman to sign.
9.AGRICULTURE
Resolution No. 07-236- This item was pulled.
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10.MANAGEMENT AND BUDGET
Property Appraiser Budget Amendment No. 1- The Board approved Budget
Amendment No. 1 in the amount of $131,449 and amending the Property Appraiser’s FY
08 Budget accordingly.
11.CULTURAL AFFAIRS
Approve the Interlocal Agreement as prepared by the County Attorney’s office with the
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City of Ft. Pierce for the 2 Biannual St. Lucie County sculpture show- The Board
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approve the interlocal agreement as prepared by the County Attorney’s office for the 2
biannual St. Lucie County WOW 2 sculpture exhibition.
12.PUBLIC WORKS
A.Diamond Sands Subdivision – Partial release of surety (85%0 in the amount
of $1,257,115.15 - The Board approved the partial release of surety for
Diamond Sands Subdivision and authorized the Chairman to sign.
B.Quitclaim Deed with FDOT for conveyance and perpetual maintenance of
retention ponds along US 1 (Rio Mar Drive to Midway Road)- The Board
approved the Quitclaim Deed with FDOT as approved to form by the County
Attorney and authorized the Chairman to sign.
C.Third Amendment to the December 20, 2005 Agreement with Inwood
Consulting Engineers in the amount of $317,426.00 for the westward of the
Walton Road improvement project, from Village Green Drive to US 1 – This
item was pulled.
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D.SR 615 S. 25 Roadway Widening(Midway Road –Edwards Road) The Board
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approved awarding the demolition of 3621 S. 25 Street to Sunrise Systems of
Brevard, Inc., in the amount of $6,025.00 and authorized the Chairman to
sign.
13.CENTRAL SERVICES
A.Approve Budget Resolution No. 08-024- South Florida Water Management
District Grant for St. Lucie County Jail- The Board approved Budget
Resolution Number 08-024 in the amount of $25,000 from South Florida
Water Management District Water Savings Incentive Program for the retrofit
of indoor plumbing in the St. Lucie County Jail.
B.Schenkel Shultz Architecture- Special Needs Shelter/Auditorium-
Amendment No. 3 to # C0 6-03-213- The Board approved Amendment No. 3
to C0 6-03-213 with Schenkel Shultz Architecture for the design of the
Special Needs Shelter /Auditorium to increase the contract sum $9,000
changing the total contract sum to $666,872.00. The Board also authorized
the Chairman to sign the Amendment as prepared by the County Attorney.
C.FPL Water Conservation Project-Final Acceptance Certificate- The Board
approved final disbursement for the Water Conservation Project at Rock Road
Jail in the amount of $1,389,373 and authorized the Chairman to sign the
Payment Request and Acceptance Certificate No. 1 submitted by the Escrow
Agent, UMB Bank.
14.PURCHASING
A.Award of Invitation to Bid # 08-002- Temporary Clerical Services to Kelly
Services based upon the included unit price schedule- The Board approved
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awarding Invitation to Bid # 08-002 to Kelly Services and authorized the
Chairman to sign the contract as prepared by the County Attorney.
B.Award of Invitation to Bid # 08-003 Replacement of the Port St. Lucie
Library Roof to the lowest responsive, responsible bidder, J.A. Taylor
Roofing for $34,956.00- The Board approved awarding Invitation to Bid #
08-003 to J.A. Taylor Roofing for $34,956.00 and authorized the Chairman to
sign the contract as prepared by the County Attorney.
C.Board approval to reject the sole response to RFP # 07-112, Dock Lease
Agreement for the North Dock on South Causeway Island- The Board
approved rejecting the sole response to RFP # 07-112 , Dock Lease
Agreement for the North Dock on South Causeway Island from Andrew
Keblinsky.
D.Board approval to advertise an Invitation to Bid for the sale of waste lead
acid, cadmium, nickel, hydride batteries, and related items to the highest
bidder- The Board approved advertising the Invitation to Bid.
E.Approval of Amended Schedule “A” for Contract C03-02-208 with Municipal
Software Corporation- The Board approved the amended Schedule “A” to
Contract C03-02-208 with Municipal Software Corporation for annual
licenses renewal in the amount of $33,898.50 and authorized the Chairman to
sign the amended schedule as prepared by the County Attorney.
F.Third Amendment to Contract C06-07-407 with Hulett Environmental
Services for Pest Control Services- The Board approved the third amendment
to contract C06-07-407 with Hulett Environmental Services, adding the new
Clerk of Courts building to the existing pest control contract and authorize the
Chairman to sign the Amendment as prepared by the County Attorney.
G.Second Amendment to Contract C05-08-485 with Genset Services, Inc. for
generator preventative maintenance, service, inspections, and load bank
testing- The Board approved the Second Amendment to Contract C05-08-485
with Genset Services which adds one additional generator located at Road and
Bridge to the contract and authorized the Chairman to sign the Amendment as
prepared by the County Attorney.
15.HUMAN RESOURCES
A.Request for Board approval of a $7,500 increase in annual salary for Criminal
Justice Attorney, Employee ID B1426- The Board approved Resolution No.
08-041 for the increase requested from the Office of the Public Defender.
B.Request for Board to reduce staff in Code Compliance- The Board approved
the reduction of eight positions in the Code Compliance Division.
16.ERD/OXBOW ECO-CENTER
Budget Amendment (BA08-006) and Recommendation by Sustainability Advisory Ad
Hoc Committee to St. Lucie County BOCC to submit an application to the Florida Green
Building Coalition to become a Green Certified Local Government- The Board approved
budget amendment BA 08-006 and submit a pre-application to initiate the process for
Green Local Government Certification.
17.INVESTMENT FOR THE FUTURE
Rock Road Jail Reallocate Central Services Reserve Funds (IFF Funds) in the amount of
$32,510 for the purchase and installation of a new grinder head for the existing muffin
monster- The Board approved the reallocation of Central Services Reserve Funds (IFF)
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in the a mount of $32,510 for the purchase $(29,010 ) and installation ($3,500) of a new
grinder head for the muffin monster located at Rock Road Jail.
18.UTILITIES
A.Staff requests approval of Change Order # 2 with Danella Companies, Inc.,
for construction services related to the 16” Force Main to Lift Station “A”
project in the amount of $322,798.56 and for an extension of 64 days to the
contract- The Board approved Change Order # 2 with Danella Companies for
construction services related to the 16” Force Main to Lift Station “A” project.
B.Staff request approval of the First Amended and Restated Interlocal
Agreement creating the Treasure Coast Regional Utilities Organization- The
Board approved the First Amended and Restated Interlocal Agreement
creating the Treasure Coast Regional Utilities Organization.
19.COMMUNITY SERVICES
Approval of Subgrant Agreement with Council on Aging of St. Lucie, Inc., in an amount
not to exceed $82,634.00 for the purchase of a less than 30 foot bus, utilizing funds from
the Florida Commission for the Transportation Disadvantaged and Budget Resolution
No. 08-045 to encumber and expend the funds - The Board approved the Subgrant
Agreement with the Council on Aging of St. Lucie, Inc., and expenditure of $8,263 from
Public Transit MSTU and Budget Resolution No. 08-045 to encumber and expend the
funds and authorized the Chairman to sign all necessary documents.
20.INFORMATION TECHNOLOGY
Request to approve Budget Resolution No. 08-042 for Florida Department of Community
Affairs, Division of Housing and Community Development’s grant for Florida Local
Update of Census Addresses LUCA for 2008 in the amount of $8,490.- The Board
approved Budget Resolution No. 08-042 to establish the 2008 budget for he Florida
Department of Community Affairs, Division of Housing and Community Development’s
grant for LUCA in the amount of $8,490.
REGULAR AGENDA
5.A COUNTY ATTORNEY
Public Hearing to consider the closing of a portion of Taylor Dairy Road- Resolution No.
08-044, - Consider staff recommendation to approve Resolution No. 08-044, instruct staff
to publish the final Notice and record Resolution No. 08-044, the Proof of Publication of
the Notice of Public Hearing and final Notice in the Public Records of St. Lucie County,
Florida.
Mr. Lee Bennett, 4455 Taylor Dairy Road resident and owners of area parcel, advised the
Board they had just returned from vacation and had not had the opportunity to review
what affect this closing would have on their property. He requested this item be delayed
so that he could have time to review the issue.
It was moved by Com. Lewis, 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.
END OF PUBLIC HEARINGS
6. COUNTY ATTORNEY (0:38:53)
Right of Way Permit- Rangeline Road; City of Port St. Lucie- Consider staff
recommendation to approve the Right of Way Permit as drafted, on condition that the
City consent and sign the permit with the conditions attached.
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This item was discussed under public comment. The discussion was continued under this
item on the agenda.
The County Administrator addressed the Board and stated he had a conversation with the
Utilities Director and Mr. Blazak. One of the conditions they had was the line on the
west side of Rangeline Road only serve Allied. Mr. Blazak requested this condition be
removed. The County Administrator stated the County needed some assurance that the
waterline extension to the east and under Rangeline Road would ONLY serve Allied.
Mr. Blazak stated they felt they did not have a need for such a condition. They have
agreed to what the county wanted to do. It is the County’s service area and they only
want to service Allied.
Com. Lewis stated because it was the County’s service area she felt the condition needs
to be there. This was the original plan and request from the city and they need to get this
moving however, the County needs to retain the right to service and extend the waterline.
The County Attorney recommended deleting conditions 11 and 12 and adding the
language stating, “The intent of this permit is to allow the city to service Allied and no
other property without the County’s consent”.
Com. Coward stated the scenario can still come into play. He wants to make sure the
County has the ability to provide service in their service area.
The Utilities Director stated while that is our service area it is another utility line they
have to cross and concurs that it should still be in there incase they do have to cross.
Com. Lewis alluded to a memo dated December 19, 2007 and stated the line beginning
with “ The City agrees that, except for utility service to Allied Chemical, it will not
provide utility service to any other customer or properties west of Range Line Road
utilizing the City Allied Service Facilities without the County’s consent. The City
agrees that the County retains the right and reserves the right to construct water mains,
wastewater mains or reuse water mains which cross or parallel the City Allied Service
Facilities to provide utility service to any customers and properties within the County
Utility District’s utility service territory, other than to Allied Chemical Facility ” does
take care of this concern.
The Chairman addressed why this was such an important issue to the County.
Mr. Blazak stated they were at the crossing at this point. They are trying to accommodate
everyone. His client has spent a lot of money at this point and they are trying to move
this forward.
Com. Craft stated he would be inclined to support this if the comments made earlier on
conditions 11 and 12 and what Commissioner Lewis stated were included.
It was moved by Com. Grande to approve the Right of Way permit for Rangeline Road
with the deletion of conditions 11 and 12 and the addition of the condition based on the
memo of December 19, 2007 as stated, seconded by Com. Lewis;
The Chairman asked if this met the needs required.
The Utility Director stated they would.
Com. Coward asked if there was any hesitation from any member of County Staff at this
time.
The County Attorney stated there was no hesitation from the staff however he was not
sure if the City would support this. They could move forward and see what happens.
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Mr. Blazak stated he was representing his client not the city and he is not sure they can
place the a condition on the permit that the city agrees.
The County Administrator stated he spoke with Mr. Terpening and was advised the city
stated the conditions were acceptable.
The County Engineer addressed the Board and stated he had concern with the possible
expansion of the 16” main line however across or beyond private property lines he is not
sure he can control that adjacent property owners can share a utility. This is a substantial
main.
The County Administrator stated he was not sure they could do that without county
approval.
Com. Coward stated they needed to work out some details and now they have at least one
staff member who has concerns. He will not be supporting this item and asked this issue
be delayed one week
The County Attorney recommended this was not the right forum to negotiate conditions
and recommended waiting a week
At this time Com. Grande rescinded his motion as did the second.
It was moved by Com. Coward, seconded by Com. Grande, to workout the details
discussed this morning and come back on January 15, 2008 at 6:00 p.m. or as soon
thereafter as possible, (Com. Smith requested all necessary parties be present to workout
the details); and, upon roll call, motion carried unanimously.
7. COUNTY ATTORNEY
Ordinance No. 08-006- Credits for Right of Way Dedication – Staff recommends the
Board determine whether to grant permission to advertise Ordinance No. 08-006.
Com. Coward recommended providing information from other jurisdictions and how they
handle the excessive rise of property valuations.
Com. Grande recommended adding the method of appraisal by the time it comes back.
It was moved by Com. Lewis, seconded by Com. Coward, to approve advertising
Ordinance No, 08-006, and; upon roll call, motion carried unanimously.
8. GROWTH MANAGEMENT
Petition of St. Lucie County Emergency management Operation Center, for a Major Site
Plan approval for the project to be known as St. Lucie County Emergency Operation
Center for property consisting of 16.30 acres of land located on the south side of Midway
Road at the intersection of West Midway Road and Okeechobee Road in the I Zoning
District- Consider staff recommendation to adopt Resolution No. 08-010 approving the
application of St. Lucie County Emergency Operation Center for a Major Site Plan
approval for the project known as St. Lucie County Emergency Operation in the I Zoning
District.
It was moved by Com. Coward, seconded by Com. Craft, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
9. CENTRAL SERVICES
Dooleymack Constructors of South FL, LLC/# c07-04-195 Havert L. Fenn Center-
Special Needs Shelter/Auditorium Change Order No. 2- Consider staff recommendation
to approve Change Order No. 2 to C07-04-195, Dooleymack Constructors, Special Needs
Shelter/Auditorium, to increase the contract sum by $46,941.68; the new contract sum
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will be $12,932,454.36 and authorize the Chairman to sign the Change Order as prepared
by the County Attorney.
It was moved by Com. Craft, seconded by Com. Coward, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
Com. Grande recommended a review of the southwest corner of the property with regard
to item 8.
Com. Coward recommended this issue be added to an informal meeting for discussion.
There being no further business to be brought before the Board, the meeting was
adjourned.
_____________________________
Chairman
_____________________________
Clerk of the Circuit Court
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