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HomeMy WebLinkAboutBOCC Minutes 11-02-2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 2, 2004 Convened: 9:00 a.m. Tape: 1 Adjourned:10:30 a.m. Commissioners Present: Paula A. Lewis, Chairperson; John D. Bruhn, Frannie Hutchinson, Doug Coward, Cliff Barnes, Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Pete Keogh, Parks and Recreation Director, Don West, Public Works Director, Mike Bowers, Utilities Director, Jim David, Mosquito Control Director, Paul Phillips, Airport Director, Roger Shinn, Central Services Director, Jack Southard, Public Safety Director, Marie Gouin, M & B Director, Ed Parker, Purchasing Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-025) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held October 26, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-313a and Resolution No. 04-313b- Proclaiming the Month of November, 2004 as Hospice Month in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 04- 313a and Resolution No. 04-313b; and, upon roll call, motion carried unanimously. B. Resolution No. 04-314 Proclaiming the month of November, 2004 as “Home Health Month” in St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution No. 04-314; and, upon roll call, motion carried unanimously. C. Everglades Restoration Acceler 8 Program briefing by Henry Dean, Executive Director of the South Florida Water Management. D. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. John Perry, Humane Society of St. Lucie County, thanked the Board for their support and expressed his concern with a newspaper article which stated the facility may be moving due to the expansion of the Heathcote Botanical Gardens. He advised the Board the Humane Society does not have funds to relocate and asked they be included in any meetings with the Cultural Affairs, the city of Ft. Pierce and Heathcote. Ms. Arlene Goodman, White City resident, addressed the Board regarding last weeks’ comments made by Mr. Giordano regarding the PD &E for the Midway Road corridor. 1 4. CONSENT AGENDA ( 1-0739) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 58 and 5. 2. COUNTY ATTORNEY A. Resolution No. 04-318 Extending the State of Emergency for Hurricane Frances and Resolution No. 04-319 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 04-318 and Resolution 04-319. B. Licensing Agreement with American Society of Composers, Authors and Publishers- The Board approved the purchase of a License Agreement. th C. South 25 St., Roadway Widening-Midway Road to Edwards –- The Board approved accepting the Temporary Construction easements, from Barbara A. Wax and John K. and Mary Ann James, authorized the Chairman to sign Resolution No. 04-316 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. th D. South 25 Street Roadway Widening Midway Road to Edwards Road j-Orend et.al- The Board approved the Contract for Sale and Purchase with the property owners in the amount of $34,100 as shown on the map, authorized the Chairman to execute the Contract and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. E. Right of Way Abandonment-Silver Oak Drive- Request Permission to Advertise- Notice of Public Hearing- The Board approved advertising the public hearing to be held on November 23, 2004 at 9:00 a.m. or as soon thereafter as possible. 3. PARKS REFERENDUM Lakewood Park Design and Build Project- The Board approve the additional $812,527 from Park Referendum dollars for completion of the Lakewood Park project, approved the contract with Recreational Design as drafted by the County Attorney, and authorized the Chairman to sign. 4. MANAGEMENT AND BUDGET Permission to Advertise Public Hearing for Public Works Solid Waste Division- The Board authorized the Office of Management and Budget to schedule and advertise a public hearing to amend the budget. 5. PARKS AND RECREATION A. Purchase of floor scrubber and vacuum for Tradition Field Stadium- The Board approved the purchase of a Minuteman Parker Vac-35 for the amount of $2,233.00 and a Minuteman 200x series automatic floor scrubber for the amount of $2,205.00 to be used at Tradition Field 2 Stadium and approved Equipment Request # 05-262, and 05-263 and Budget Amendment No. 05-103. B. Sole Source status request for specified Fairwinds Golf Course- The Board approved Titlelist Golf, Foot Joy, Callaway Golf, and Cleveland Golf as sole source providers for their respective brand of golf merchandise . The Board also approved the purchase of a level of not more than $25,000 for each of the aforementioned distributors, effective October 1, 2004 through September 30, 2005. 6. INVESTMENT FOR THE FUTURE A. Central Services Division- Department of Environmental Protection FRDAP # F02281- The Board approved Amendment 2 to the FDRAP Agreement for Savanna Recreation Area-Phase II for a six month extension with a completion date of September 30, 2005 and authorized the Chair to sign Amendment No. 2. B. Purchasing Department Bid # 04-063 Dollman Beach Park East- The Board awarded Bid 04-063 to the lowest bidder Overland Construction Company for a total amount of $327,500.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. 7. CENTRAL SERVICES TECO BGA, Inc./Name Change- The Board approved the Acknowledgement of BGA, Inc. Contract and authorized the Chair to sign the acknowledgement to allow for execution. 8. AIRPORT Reorganization- Airport Department- The Board approved the job title change for Airport Manager, and title responsibility change for Airport Coordinator, and Operations Technician II positions requested for St. Lucie County International Airport. 9. PUBLIC SAFETY 9G-19 Grant- County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA)- The Board approved Agreement # 05BG-04-10-66-01 along with Resolution # 04-317 and authorized the Chairman to sign. 10. PURCHASING Approval of Bid Waiver and Ratification of Emergency Purchases/ Hurricanes Frances and Jeanne- The Board approved 1) ratifying the County Administrators Order effective September 3, 2004 at 5:00 p.m. and September 24, 2004 at 9:00 a.m. 2) approved the waiver of sealed bids as a result of the declared emergency 3) ratified the County Administrators approval of the list of emergency purchases and authorized the Chairman to sign the contracts as prepared by the County Attorney. 11. UTILITIES Consulting Services- The Board approved a proposal from Greenberg Traurig for consulting services for the consolidation of the Holiday Pines Utility System, the North Hutchinson Island Utility System, the HEW Utility System, the Airport System and the Central County Utility System in the amount of $90,000. subject to contract preparation and approval by the County Attorney. 12. ADMINISTRATION 3 Tradition Field- Exhibits to Facilities Use Agreement- The Board approved the Exhibits and authorized the Chairman to sign the Exhibits. REGULAR AGENDA (1-1230) 5.A No public hearings scheduled 6. COUNTY ATTORNEY(1-1240) Port St. Lucie Annexations- Kenco; Lennar- Settlement Agreement- Consider staff recommendation to approve the Settlement Agreements with Kenco and Lennar and authorize the Chairman to sign the Settlement Agreements. The County Attorney addressed this issue and advised the Board the City of Port St. Lucie advised staff they do not wish to be part of the settlement agreement. He also advised the Board of the request made by the developer as stated in the memo. Lennar/kenco shall have the right to connect to County roads to provide access to the Property, subject to issuance of driveway permit(s) ( which shall not be unreasonably withheld or delayed) in accordance with standard County rules and regulations, without the payment of fees other than as shall be required to submit the application for such permit(s) and without the obligation to construct or pay for any non-site related transportation improvements. Mr. Bobby Klein, attorney for the developer, addressed the Board and stated if the residents do not approve the SAD’s, the developer will be responsible and pay for the road with a letter of credit which will be provided. Com. Hutchinson stated her concern was the City of Port St. Lucie does not want any part of the settlement agreement. Mr. Klein stated he was hopeful that over time people could start talking again since this was a long process and they are asking for the time in this agreement to be able to work through this and maybe they can get some people to cooperate. However, he concurs that if they do not have cooperation, whatever they try may not work. Com. Coward expressed his concern with the language regarding the SAD. The Board does not have the geographic boundaries to consider and he does not want to preclude a future Board from making a decision. He would prefer the language state that the fair share contribution moneys will be returned if the roadway is not done. He felt there is a lack of clarity regarding the additional property. He is very uncomfortable with the SAD language and would like to have it removed and more suitable language be inserted. Com. Lewis stated she too was concerned with the SAD language and the fee per unit set forth in the event the unit is not created. The Asst. County Administrator suggested staff work with the developer working through the SAD issue as well as issue number 8 which covers units outside the current development and if they agree, bring it back before the Board. It was moved by Com. Barnes, seconded by Com. Coward, to strike # 8 and eliminate all references to the SAD; and, upon roll call, motion carried unanimously. Com. Hutchinson requested her disappointment with the City of Port St. Lucie not coming forward at this time be noted for the record. Mr. Klein stated the documents need to be revised and the idea was to accomplish building a road. They cannot agree with anything that has been done today because they need to look at the implications and he will be in touch with staff . 4 Mr. Klein also pointed out that both traffic reports which were supplied to staff, indicate neither one of these developments impact the level of service on either road. These are totally voluntary payments in nature. 7. ADMINISTRATION(1-2416) Disaster Relief Funding Agreement- Hurricane Jeanne- Consider staff recommendation to approve Resolution No. 04-321. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 04- 321; and, upon roll call, motion carried unanimously. 8. ADMINISTRATION (1-2457) Increase staffing within the Growth Management Department- Consider staff recommendation to fill one vacant Planner III position at $55,000, the creation of two new Planner III positions ($40,577.06-$64,079.40) and the addition of one new Planning Manager position – ($46,232.99-$73,462.90). It was moved by Com. Coward, seconded by Com. Bruhn, to approve staff recommendation; 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 Circuit Court 5