HomeMy WebLinkAbout110322
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: March 22, 2011 Convened: 9:06 a.m.
Adjourned: 11:30 a.m.
Commissioners Present: Chris Craft, Chairman, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod
Mowery
Others Present: Faye Outlaw. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan
McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Lauri
Waldie, Utilities Director, Beth Ryder, Community Services Director, Marie Gouin, OMB Director, Jim David,
Mosquito Control Director, Mark Satterlee, Planning/Development Services Director, Karen Smith, ERD
Director, Millie Delgado-Feliciano, Deputy Clerk
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the February 23, 2011 Special meeting.
Approve the minutes from the March 1, 2011 meeting.
It was moved by Com. Mowery, seconded by Com. Dzadovsky to approve the minutes of the meetings held
on February 23 and March 1, 2011, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. Presentation by Shane De Witt, Technical Operations Manager, SLCTV - Launch of SLCTV on AT
& T’s U-verse cable.
B. COUNTY ATTORNEY
Resolution No. 11-034 – proclaiming the month of April 2011 as “National County Government
Month – Serving Our Veterans, Armed Forces and their Families” in St. Lucie County, Florida.
Consider staff recommendation to adopt Resolution No. 11-034 as drafted.
It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 11-034,
and; upon roll call, motion carried unanimously.
Mr. Ron Knepshield, United Veterans was present to accept the proclamation.
C. COUNTY ATTORNEY
Resolution No. 11-044 – proclaiming April 6, 2011 as “One Day to Give” in St. Lucie County,
Florida
Consider staff recommendation to adopt Resolution No. 11-044 as drafted.
It was moved by Com. Hutchinson, seconded by Com. Mowery. to approve Resolution No. 1-044,
and; upon roll call, motion carried unanimously.
Mr. Scott, Van Duzer was present to accept the proclamation.
D. COUNTY ATTORNEY
Resolution No. 11-048 – proclaiming April 2, 2011 as “Children’s Day” and April 3, 2011 as
“Parents and Children’s Day” in St. Lucie County, Florida.
1
Consider staff recommendation to adopt Resolution No. 11-048 as drafted.
It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 11-048,
and; upon roll call, motion carried unanimously.
Ms. Nancy Archer, Executive Director, was present to accept the proclamation.
E. COUNTY ATTORNEY
Resolution No. 11-059 - “Zora Neale Hurston Week” recognizing the literary achievements of Zora
Neale Hurston and inviting the community to participate in Zora Fest activities throughout the week,
including the Zora Scholars program, a Book Review, the Zora Fest festival and an Authors
Brunch.
Consider staff recommendation to adopt Resolution No. 11-059 as drafted.
It was moved by Com. Lewis, seconded by Com. Mowery, to approve Resolution No. 11-059, and;
upon roll call, motion carried unanimously.
Ms. Vera Mann was present to accept the proclamation.
F. COUNTY ATTORNEY
Resolution No. 11-064 – Declaring the month of April, 2011 as “Florida Volunteer Month” in St.
Lucie County, Florida.
Consider staff recommendation to adopt Resolution No. 11-064 as drafted.
It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 11-064,
and; upon roll call, motion carried unanimously.
Ms. Lana McClain, Volunteer Coordinator of Volunteer St. Lucie was present to accept the
proclamation.
G. Arts & Cultural Alliance of St. Lucie, Inc. presentation of the 2011 Strategic Plan, including the
results of the community survey, survey of other local Arts Agencies and external research.
V. GENERAL PUBLIC COMMENT
Ms. Kathryn Hensley, School Board member addressed the Board and advised them of the direct web link
available for them to view and ask any questions regarding the School Board’ s budget.
Ms. Jeanie Johansen, Coordinator for the WOW Three addressed the Board and provided information on
the success of the event. She also thanked the Board for their support of the Arts in Public Places.
A local Artist addressed the Board with his concern of the Arts in Public Places sun setting.
VI. CONSENT AGENDA
It was moved by Com. Mowery, seconded by Com. Lewis to approve the Consent Agenda with items 6B-7
and 6H pulled for separate discussions and action, and; upon roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No. 23, 24 and 25.
The Board approved Warrant List Nos. 23, 24 and 25.
B. COUNTY ATTORNEY
1. Permission to Advertise Ordinance No. 11-014 – Surplus Property Ordinance
The Board approved advertising Ordinance No. 11-014 for public hearing before Board of
County Commissioners on May 3, 2011, at 6:00 p.m. or as soon thereafter as may be
heard.
2
2. Drug Abuse Treatment Association, Inc. (D.A.T.A.) Thirteenth Amendment to 1990
Facilities Use Agreement
The Board approved the Thirteenth Amendment to the Facilities Use Agreement with
D.A.T.A.
3. Revocable License Agreement - Pivotal Utility Holding, Inc. d/b/a Florida City Gas – 30’
Drainage Easement – River Park – Unit 3 – Tract “E”
The Board approved the Revocable License Agreement, authorized the Chairman to sign
the Revocable License Agreement and directed Pivotal Utility Holdings, Inc. d/b/a Florida
City Gas to record the document in the Public Records of St. Lucie County, Florida.
4. Easement Number 32296 – Board of Trustees of the Internal Improvement Trust Fund –
30-feet Right-of-Way Easement on Old Dixie Highway – Resolution No. 11-053
The Board accepted Easement Number 32296, authorized the Chairman to sign
Resolution No. 11-053 and directed staff to record the documents in the Public Records of
St. Lucie County, Florida.
B. COUNTY ATTORNEY CONTINUED
5. 2011 Economic Development Exemption Application – Tropicana Manufacturing
Company; Ordinance No. 11-006
The Board accepted the report of the Property Appraiser and granted permission to
advertise Ordinance No. 11-006 for a public hearing on April 5, 2011, at 6:00 p.m. or as
soon thereafter as the item may be heard.
6. Intermodal Transit Facility – Parcel I.D. No. 2410-601-0199-000-1 – 10’ Utility Easement
in favor of Fort Pierce Utilities Authority
The Board approved the Utility Easement in favor of Fort Pierce Utilities Authority,
authorized the Chairman to execute the Easement and directed staff to record the
Easement in the Public Records of St. Lucie County, Florida.
7. Permission to Advertise Ordinance No. 11-016 – Art in Public Places
Consider staff recommendation to approve advertising Ordinance No. 11-016 for public
hearing before Board of County Commissioners on May 3, 2011, at 6 pm or as soon
thereafter as may be heard.
This item was pulled and placed on the regular agenda for discussion.
8. Amend Contract with New Horizons for staff services and support for defendants with
mental health and co-occurring issues who would otherwise be incarcerated in the County
jail.
The Board approved the amended contract with New Horizons. The amended contract
will have a termination date of June 30, 2011. This change was made by the State
Department of Children and Families, with the previous termination date of September 30,
2011.
9. Request to have the Board to amend and approve a Contractual Rate Agreement
(Amendment No. 0007) with United for Families, Inc (UFF) for drug screening services.
The Board approved the Amended Contractual Rate Agreement with United for Families,
Inc., and authorized the Chairman to sign the Amended Contractual Rate Agreement.
C. OFFICE OF MANAGEMENT & BUDGET
Purchasing Division:
1. Request for Proposals (RFP) No. 11-005, Processing and Recycling of Yard Waste.
3
The Board approved awarding RFP No. 11-005, Processing and Recycling of Yard
Waste, to Consolidated Resource Recovery, Inc. of Sarasota, Florida and authorized the
Chairman to sign the documents as prepared by the County Attorney.
C. OFFICE OF MANAGEMENT & BUDGET CONTINUED
2. Request for Proposals (RFP) No. 11-001, Concession Services for the Havert Fenn
Center and the St. Lucie County Fairgrounds.
The Board approved awarding RFP No. 11-001, Concession Services for the Havert Fenn
Center and the St. Lucie County Fairgrounds to The Mellon Patch at Harborside Cathy’s
of Fort Pierce, Florida and rejected the preparation of meals for the Special Needs Shelter
and authorized the Chairman to sign the documents as prepared by the County Attorney.
3. Fixed Asset Inventory-Property Record Removal
The Board authorized removing the fixed assets, as listed on the attached Property
Disposition Form, from the capital asset inventory of the St. Lucie County Supervisor of
Elections Office.
4. Fixed Asset Inventory - Property Record Removal
The Board authorized removing the fixed assets, as listed on the attached Property
Disposition Forms, from the capital asset inventory of various departments of St. Lucie
County Board of County Commissioners.
5. Florida Commission for the Transportation Disadvantaged Grant
The Board approved Budget Resolution No. 11-055 to set up the balance of the grant
budget for fiscal year 2010/2011 Florida Commission for the Disadvantaged Fund.
6. Florida Inland Navigation District – Resolution for Assistance
The Board authorized Resolution 11-063 in support of the Indian River Shoreline
Stabilization Project through the Florida Inland Navigation District 2011 Waterways
Assistance Program.
D. HOUSING & COMMUNITY SERVICES
Housing Division:
1. Neighborhood Stabilization Program 3 Grant Contract
The Board approved the acceptance of the contract with Housing and Urban
Development for the Neighborhood Stabilization Program 3 Grant, approved Budget
Resolution No. 11-065, and authorized the Chairman to sign documents as approved by
the County Attorney.
2. Housing Counseling Grant
The Board approved Budget Resolution 11-054, and authorized the Chairman to sign
documents as approved by the County Attorney.
Community Services Division:
3. Shelter Plus Care Grant Renewal
The Board approved the acceptance of Shelter Plus Care second grant renewal, Budget
Resolution No. 11-057, and authorized the Chairman to sign documents as approved by
the County Attorney.
D. HOUSING & COMMUNITY SERVICES CONTINUED
Housing Division:
4. Award of IFB #’s 1, 2, 4, 5/Authorization to Re-bid IFB #3
The Board approved the bid award for rehabilitation projects IFB#1, IFB#2, IFB#4 and
IFB#5 which will be funded under the Community Development Block Grant and HOME
4
programs. Rejection of IFB#3, authorized to rebid, and authorized the Chairman to sign
documents as approved by the County Attorney.
E. PUBLIC SAFETY & COMMUNICATIONS
Emergency Management Services (EMS) Grant
The Board approved Resolution No. 11-0612 for the EMS grant in the amount of $46,306.00 and
authorized the Chairman to sign documents as approved by the County Attorney.
F. HUMAN RESOURCES
1. Prison Health Services Inmate Health Care Closing Invoice for FY 2010.
The Board approved payment of Prison Health Services invoice number PHS0008948 for
FY 2010 in the amount of $408,469.45.
2. Job Description of Building Inspectors
The Board approved changing job descriptions of Building Inspectors to reflect needed
specialty certifications.
G. PUBLIC WORKS
Engineering Division:
1. Arrow Directional Boring, Inc. /St. James Boulevard – Final Acceptance and Completion
of Maintenance Period.
The Board approved the final acceptance of the road repairs and authorized the release
of the maintenance surety in the amount of $12,985.42.
2. Sunline Engineering Contractors, Inc. /St. James Boulevard – Final Acceptance and
Completion of Maintenance Period
The Board approved the final acceptance of the road repairs and authorized the release
of the maintenance surety in the amount of $19,469.50
3. St. James Sidewalk – Phase 1
The Board approved the bid to Lawrence-Lynch Corporation in the amount of 252,305
and authorize the Chairman to sign documents as approved by the County Attorney.
H. ADMINISTRATION
Funding for the Arts & Cultural Alliance of St. Lucie, Inc.
Consider staff recommendation to approve acceptance of the Arts & Cultural Alliance of St. Lucie
County, Inc. community survey and strategic plan and authorize the Chairman to execute a
contract for funding the Alliance as approve by the County Attorney.
This item was pulled and placed on the regular agenda for discussion.
I. PLANNING & DEVELOPMENT SERVICES
Project Speed – Letter of Intent
The Board authorized having the County Administrator send a letter of Intent to offer Project Speed
a Job Growth Investment Grant (JGIG) in the amount of $31,500 phased over two years ($15,750
per year).
6-B 7. Permission to advertise Ordinance No. 11-016- Art in Public Places
The Assistant County Administrator advised the Board this item is for conceptual approval of board
direction for funding the Alliance due to the deadline of the state grant. The Alliance must have an
operating budget and a management level employee in order to apply the grant. If they can have
5
the approval of what was discussed at the Strategic Planning regarding the transferring of funds
from the Arts in Public Places (one time funding) for this purpose they then would be able to move
forward. None of this would be final until the hearing in May.
Com. Craft stated he had concerns after speaking with the public on the total suspension of the
Arts in Public Places program. He would rather amend the ordinance to protect certain funds such
as the Airport. He would like to limit the funds and the accounts where the funds would be taken
from he would like to move in that direction. He does not wish to suspend the program until they
have had discussion. Transferring the dollars to the Arts in Public Places would be a good first step
and continue the discussion with the Board.
Com. Dzadovsky addressed the $15,000 noted to be set aside for maintenance of certain pieces
and asked if this would be enough to maintain them.
The Assistant County Administrator stated the $15,000 would provide maintenance for 5 to 7
years.
Com. Dzadovsky stated he would like to maintain or provide in the language that the Board would
review this issue (suspend for 24 months) rather than suspend it indefinitely to make sure the
program is running the way it should be in the future. He believes the Arts in Public Places will be
back as its own entity. He would like a date when it would come back before the Board.
Com. Craft stated this was the reason he recommended not suspending the program but amend it.
He recommended changing the rules to what would allow them to transfer the money to the Arts
Council and this way they have the flexibility and change the rules as to where the money can
come from.
Com. Mowery indicated if you look at the amount of money that is currently made available, they
are moving forward with an organization that the first thing they will be attempting to do is to hire an
Executive Director and then moving forward on a grant application. It looks as if they are going to
have the ability to do some things. He stated the Arts in Public Places are a program is an
amazing program and there are some successful programs across the state however, they have
found ways to fund the programs eliminating public funding. This would be his concern; he does
not have a problem suspending the program and allowing the committee to move forward hire the
director, formulate plans and develop a new approach not necessarily keeping the funding
mechanism as shown.
Com. Craft concurred and stated this was his reason for recommending amending the ordinance,
there is no big hurry and they can put a hold on any funds. He does not wish to eliminate the
ordinance.
Com. Hutchinson provided history on this ordinance and being part of the decision. She does not
have a problem with suspending it and then bring it back. They are requesting to advertise today,
she is not sure 2 years is long enough, she believes maybe 3 would be adequate. She would like
for the new Board to have the time to review the ordinance make adjustments and make
recommendations back to the BOCC. She is leaning more towards approving as it is today and
having the new board come back with recommendations and public input. She does not wish to
eliminate it totally.
Com. Craft pointed out suspending it does just that especially with the term “indefinite”.
Com. Hutchinson indicated she wished clarification and if this was the case, she would be
amenable to the 24 month period.
Com. Mowery indicated what heard was suspending the cost provision but not the ordinance and
he believes the ordinance is the cost provision. He likes the idea of putting in the time period and
having it come back.
Com. Lewis stated she had a problem with the term “indefinitely” and she believes suspending it for
two years and placing a date when it comes back she would agree with. She hopes the Alliance
would be able to pick up the funding within that period of time. Given the circumstances she would
like for it to come back before the Board and not stretch it any further that what is being proposed.
The County Administrator indicated there are two recommendations being proposed for Board
action today:
6
?
Accepting the community survey in the strategic plan
?
Request the Board to conceptually approve the shifting of funds, this allows staff to begin
to develop the ultimate contract the Board would need to approve
?
Permission to advertise to bring it back on May 3 for formal action on how the Board
rd
would like to re-craft the ordinance or not. She also recommended having a discussion at
the informal meeting in April deciding what formal direction and action to be taken on May
3.
rd
Com. Mowery stated 6h covers those two items and this would provide for the acceptance of the strategic
plan all they are really talking about is the tweaking of the language to insert a time period. He believes
rather than having a discussion on it, he would like to have the new board and public comment on it before
making a decision.
Ms. T.A. Weiner, Arts in Public Places addressed the Board and stated she does not see any reason to
sunset the Arts in Public Places. She believes the funds will be provided when there are funds for capital
improvements. When there are no funds for capital improvements, there are no funds available for Arts in
Public Places and this is the beauty of the ordinance. The money for capital improvements will be there in
the future once the state bounces back.
It was moved by Com. Dzadovsky, approve the advertizing and to amend the ordinance to read “suspension
for 24 months” and redistribute the funds to the arts in public places trust fund when it comes back,
seconded by Com. Mowery, and; upon roll call, motion carried unanimously.
6.H Funding for the Arts & Cultural Affairs of St. Lucie, Inc.
It was moved by Com. Hutchinson, seconded by Com. Mowery, to approve per the discussion held, and;
upon roll call, motion carried unanimously.
VII. PUBLIC HEARINGS
A. COUNTY ATTORNEY
Public Hearing to declare real property surplus property
Consider staff recommendation to continue the Public Hearing until June 7, 2011 at 6:00 p.m. or as
soon thereafter as the item may be heard.
It was moved by Com. Mowery, seconded by Com. Lewis, to approve the continuance of this item
until June 7, 2011 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion
carried unanimously.
B. COUNTY ATTORNEY
Consider the revocation of a previously issued conditional use permit authorizing the operation of
an air curtain incinerator on property located on the south side of Orange Avenue, approximately
3,000 feet west of Sneed Road in the U (Utilities) Zoning District.
Consider staff recommendation to grant permission to revoke the conditional use permit for
violation(s) of a condition(s) imposed upon such approval.
Staff requested the Board approve continuing this item for 6 months based on their meeting with
the applicant and the fact a bond have not been received.
It was moved by Com. Mowery, seconded by Com. Lewis, to continue this item for October 18,
2011 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried
unanimously.
VIII. ADMINISTRATION
Planning & Zoning Commission/Local Planning Agency one at-large vacancy.
Consider staff recommendation to vote and appoint one at-large member from the attached applications
submitted to fill the Planning and Zoning Commission at-large partial term vacancy.
7
Tally of votes (1 round)
st
Pam Hammer- Lewis, Dzadovsky
Daniel Regis- Craft, Mowery
Terri Penni- Hutchinson
Tally of votes (2 round tie)
nd
Pam Hammer- Lewis, Dzadovsky
Daniel Regis- Craft, Mowery, Hutchinson
Mr. Daniel Regis appointed as the at-large member of the Planning and Zoning Commission.
IX. COUNTY ATTORNEY
Permission to File Lawsuit for Letter of Credit issued by First Peoples Bank
Consider staff recommendation grant permission to file a lawsuit to collect the Letter of Credit issued by
First Peoples Bank.
This item was pulled.
X. PARKS, RECREATION & FACILITIES
Amendment to Boran Craig Barber Engel Construction contract and approval of Budget Amendment BA11-
007
Consider staff recommendation to approve First Amendment to Contract No. C10-01-133 with Boran Craig
Barber Engel Construction, to change the scope of work to include the addition of an elevator, utilizing Law
Enforcement Impact Fees in an amount not to exceed $275,950 and approval of Budget Amendment BA11-
007and authorization for the Chairman to sign documents as drafted and approved by the County Attorney.
Staff advised the Board the Law Enforcement Impact Fees provided would be in the amount of $300,000.
It was moved by Com. Lewis, seconded by Com. Dzadovsky to approve staff recommendation with the
correction in the amount as indicated by staff, and; upon roll call, motion carried unanimously.
Unagendad-
The County Administrator addressed the Board and indicated that during one of their last meetings the
Board had requested research on the possibility of hiring a state lobbyist. She advised the Board after
researching the request, she had two potential firms, however her recommendation was not to engage a
State lobbyist to follow the state budget due to the timing of the legislative already being in session.
The Board concurred.
The Criminal Justice Coordinator addressed the Board regarding Senate Bill 372. This bill will limit what the
Judges can do as to who will be placed on the pre-trial program. This bill will decimate the program. He
requested the Board draft a letter in opposition to Senate Bill 372 indicting the affect it will have on the jail
and the residents of St. Lucie County.
It was moved by Com. Lewis, seconded by Com. Dzadovsky, to direct the County Attorney to draft a letter
indicating the impact the bill will have on the county and the Board’s opposition to Bill 372, 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
8
9