HomeMy WebLinkAboutBOCC Minutes 12-06-2005
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: December 6, 2005 Convened: 6:00 p.m.
Tape: 1-2 Adjourned: 8:30 p.m.
Commissioners Present: Chairman, Doug Coward, Chris Craft, Frannie Hutchinson,
Joseph Smith, Paula A. Lewis, absent
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Pete Keogh, Parks and Recreation Director, Don West, Public Works Director,
Jim David, Mosquito Control Director, Marie Gouin, M & B Director, Ed Parker,
Purchasing Director, Gil Backenstoss, Asst. Growth Management Director, Mike Pawley,
County Engineer, Hank Flores, Planning Manager, Millie Delgado-Feliciano, Deputy
Clerk
1. MINUTES (1-024)
It was moved by Com. Smith, seconded by Com. Hutchinson, to approve the minutes of
the meeting held November 29, 2005 and; upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATION
The County Administrator read upcoming events, and meetings.
3. GENERAL PUBLIC COMMENTS
Mr. Charles Grande, Presidents Council Hutchinson Island, addressed the Board
regarding the Port property owner requesting a submerged land lease from the State.
Mr. John Arena addressed the Board regarding the organized crime in the area.
4. CONSENT AGENDA (1-200)
It was moved by Com. Craft, seconded by Com. Smith, to approve the Consent Agenda,
with item C12 -I pulled, and; upon roll call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 9.
2. COUNTY ATTORNEY
A. Resolution No. 05-464- Extending the State of Emergency for
Hurricane Frances and Resolution No. 05-465 Extending the State of
Emergency for Hurricane Jeanne - The Board approved Resolution
No. 05-464 and Resolution No. 05-465 and authorized the Chairman to
sign.
B. Resolution No. 05-466 Extending the State of Emergency for
Hurricane Wilma- The Board approved Resolution No. 05-466 and
authorized the Chairman to sign.
C. Revocable License Agreement- Indian River Estates Association-
Subdivision Name Signs- The Board approved the Revocable License
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Agreement; authorized the Chairman to sign the Revocable License
Agreement and directed Indian River Estates Association to record the
document in the Public Records of St. Lucie County, Florida.
3. GROWTH MANAGEMENT
Approval of re-allocation of funds from the Reserves account to Office Supplies account
in the Planning Division- The Board approved the re-allocation of funds.
4. PARKS AND RECREATION
A. Expense Reimbursement- Employee Food Court Concessionaire- The
Board approved the reimbursement in the amount of $2,261.00 to Mr.
Ralph Loffredo for concession expenses.
B. Civic Center Staff Transfer- Approval of Budget Amendment No.
BA06-109- The Board approved the transfer of the Civic Center Staff
to the Fairgrounds and approved the re-class of the Fairgrounds staff
as requested. The Board also approved BA No. 06-109 and approved
the job description as drafted by staff and endorsed by the Human
Resources office.
C. Capital Punishment Ent. Inc.- The Board approved the request of
Capital Punishment Ent., Inc. request to serve and sell alcohol at South
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County Stadium during its December 10, Latin Festival.
D. Lightening Prediction & Warning Systems Sole Source Purchase- The
Board approved the Sole Source purchase of the Thorguardan
Lightening Prediction and Warning System from THOR GUARD,
Inc., in the amount of $53,896.00 for South County Stadium/Tradition
Field, Horation Grisby/Llous Ellis Park, Lawnwood Complex, and
Elks Park and authorized the Chairman to sign the agreement as
approved by the County Attorney. The Board also approved Budget
Amendment No. BA06-110 and Equipment Request No. EQ06-223.
E. City of Port St. Lucie Request-South County Stadium- The Board
approved the request by the City of Port St. Lucie to utilize the fenced
“bus parking area” of the South County Regional Stadium on June 24,
2006. The Board also approved the city of Port St. Lucie’s request to
include the sale of alcoholic beverages.
F. Work Authorization to Contract C05-05-248- Edlund Dritenbas
Binkley - The Board approved the two work authorizations with EDB
Architectural and Engineering services for the Pepper Park restrooms
and the Elks Park restrooms/hurricane repairs in the following amount
$25,625 and $31,082.75.
5. CENTRAL SERVICES
A. Change Order No. 2- Contract No. C04-05-253 H & J Contracting-
Ancient Oaks Park (Weldon B. Lewis Park) The Board approved
Change Order No. 2 to the contract to increase contract time by one
hundred and thirty two days, with a date of substantial completion on
January 27, 2006 and authorized the Chairman to sign this change
order as prepared by the County Attorney.
B. The Board approved 1) Work Authorization with Culpepper and
Terpening continuing Contract No. C03-02-225 2) approved using
FBIP funds in the amount of $39,100.00 for the River Park Marina
Island project and use available Florida Boating Improvement Program
funds in the amount of $39,100.00 and authorized the Chair to sign the
Work Authorization as prepared by the County Attorney.
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C. Jenkins & Charland/Structural Engineering Services- Downtown
Parking Garage Addition/Modeling Amendment No. 1 to Work
Authorization No. 6- Contract C03-02-257 - The Board approved
Amendment No. 1 to Work Authorization No. 6 to increase the design
fee total an additional $31,268.00 and change the completion date to
January 31, 2006 for expansion of the St. Lucie County downtown
parking garage and authorized the Chairman to sign the amendment as
prepared by the County Attorney.
D. Amendment No. 1 to Contract No. C03-12-762 Edlund, Dritenbas,
Binkley Architects- Clerk of Circuit Court Building renovation (old
courthouse) – The Board approved Amendment No. 1 to Contract No.
C03-12-762 to increase Architectural services by $200,234.00 for a
total fee of $473,992.00 for the renovation of the Clerk of Court
building and authorized the Chair to sign the amendment as prepared
by the County Attorney.
6. AIRPORT
A. Accept Florida Department of Transportation Supplemental Joint
Participation Agreement for $250,000 for the Rehabilitation of
Taxiway E- The Board accepted the FDOT Supplemental Joint
Participation Agreement and authorized the Chair to execute the JPA
and Resolution No. 05-462 authorizing the Chair to sign the
agreement, for the Rehabilitation of Taxiway E project at St. Lucie
County International Airport. This supplemental FDOT grant provides
for $200,000 of the $250,000 additional funds required for this project.
B. Award Bid 05-080 Rehabilitate Taxiway E to Dickerson Florida, Inc.-
The Board approved bid number 05-080 to rehabilitate taxiway E to
Dickerson Florida, Inc., and authorized staff to negotiate the contract
in the amount of $736,688.50 for the St. Lucie County International
Airport.
C. Florida Department of Transportation Joint Participation Agreement to
Rehab Airfield Lighting Extension of Time- The Board approved
FDOT JPA extension of time on the Rehab of Airfield Lighting to
March 12, 2006 and authorize the Chair to execute the JPA extension
of time for the Airfield Lighting Rehab project at the St. Lucie County
International Airport.
D. Florida Department of Transportation Agreement to Rehabilitate
Runway Lighting for Runway 9/27- The Board approved accepting
the FDOT JPA in the amount of $258,962 with FAA funding
$246,014, FDOT funding $6,474 with a local match of $6,474 for a
total project of $258,962 and authorized the Chair to sign Budget
Resolution No. 05-463 and execute the grant for the St. Lucie County
International Airport.
7. MANAGEMENT AND BUDGET
Approval of Budget Amendment # BA 05-197, Resolution No. 05-472 and Resolution
No. 05-473 to cover fiscal year 2005 sufficient accounts- The Board approved Budget
Amendment # BA 05-197, Resolution No. 05-472 and Resolution No. 05-473 to cover
fiscal year 2005 insufficient accounts and to recognize revenue from FEMA and the State
for hurricane related expenses.
8. CULTURAL AFFAIRS
A. Approved Budget Resolution No. 06-001 for the Florida Department
of Cultural Affairs 2005-2006 Cultural Support Program Grant – The
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Board approved Budget Resolution No. 06-001 recognizing funds in
the amount of $10,870.00 fro the Florida Division of Cultural Affairs
that were not anticipated at the time of adoption of the FY 2005
budget.
B. Authorize the St. Lucie County Historical Museum Superintendent to
sign Service Learning Project Student Experience Agreement with
Indian River Community College and granted permission for
interns/student volunteers to work at the museum- The Board
approved the ST. Lucie County Historical Museum Superintendent be
authorized to sign the Service Learning Project Student Experience
Agreement with Indian River Community Collage and granted
permission for interns/student volunteers to work at the museum to
assist staff with cataloging historical artifacts and displaying and
presenting exhibits.
9. HUMAN RESOURCES
Inmate Medical Care (Aggregate Cap) Expense Payment- The Board approve the
payment.
10. GRANTS
A. Authorize the approval of a grant contract extension with Florida Fish
and Wildlife Conservation Commission- The Board approved the
extension of the grant contract ( 04138)with Florida Fish and Wildlife
Conservation Commission for 6 months until June 30, 2006 for
completion of River Park Marina Phase I.
B. Approve a modification of the amount requested in a grant application
approved November 8, to the Florida Boating Improvement Program
of the Florida Fish and Wildlife Commission and the acceptance of the
grant if approved for funding.- The Board approved the modification
of the amount requested from $150,000 to $180,000 and a
modification of the County’s match with LWCF funds from $150,000
to $166,000.
11. COMMUNITY SERVICES
Grant Extension to June 30, 2006 for FDOT JPA- The Board approved the Chair signing
the extension of the grant to June 30, 2006 with the FDOT JPA for the Automatic
Vehicle Locator project.
12. PURCHASING
A. Approval of Hurricane Related Purchases- The Board approved the list
of hurricane related purchases.
B. Permission to advertise an Invitation to Bid for the Purchase and
Installation Airport Rotating Beacon- The Board approved advertising
the Invitation to Bid.
C. Fixed Asset Inventory Property Record Removal Supervisor of
Elections- The Board approved removing the records from the fixed
asset inventory of the BOCC.
D. Fixed Asset Inventory Property Record Removal SLC Health
Department- The Board approved removing the records from the fixed
asset inventory of the BOCC.
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E. Fixed Asset Inventory Property Record Removal SLC Court
Administration- The Board approved removing the records from the
fixed asset inventory of the BOCC.
F. Fixed Asset Inventory Property Record Removal SLC Property
Appraiser- The Board approved removing the records from the fixed
asset inventory of the BOCC.
G. Fixed Asset Inventory Property Record Removal Various Department-
The Board approved removing the records from the fixed asset
inventory of the BOCC.
H. Second amendment to Contract No. C03-12-743 with Kelly Services,
Inc. which amends the contract to exercise the first one year renewal-
The Board approved the second extension to C03-12-743 and granted
permission for the Chairman to sign the amendment as prepared by the
County Attorney.
I. Award Bid No 06-011- This item was pulled.
J. Second Extension to Contract No. C01-12-180 with Sierra
International Machinery, LLC for maintenance services for the baler
and conveyor system at the St. Lucie County Solid Waste Baling and
Recycling Facility- The Board approved the second extension to the
contract with Sierra International Machinery, LLC and authorized the
Chairman to sign the extension as prepared by the County Attorney.
K. Third Extension to Contract No. C98-12-185 with Severn Trent-
Avatar Utility Services, LLC for operation, maintenance and
management services for St. Lucie County water, wastewater,
reclaimed water facilities- The Board approved the third extension to
the contract with Severn Trent Avatar Utility Services, LLC and
authorized the Chairman to sign the extension as prepared by the
County Attorney.
ADDITIONS
CA-1 HUMAN RESOURCES
Salary adjustment above the minimum for pay grade EX4 regarding starting salary of
$95,000 for Growth Management Director Robert J. Nix, Jr.- The Board approved the
salary adjustment.
CA-2 ADMINISTRATION
Appointments by Com. Coward- The Board ratified the appointments of Bob Bangert
and Tom Hurley on the Transfer of Development Rights Advisory Ad Hoc Committee.
CA-3 ADMINISTRATION
Appointments by Com. Coward- The Board ratified the appointments of Julia Shewchuk
and Noreen Dryer, to the Smart Growth Advisory Ad Hoc Committee.
REGULAR AGENDA
5. PUBLIC HEARINGS
A. COUNTY ATTORNEY (1-399)
Petition for Abandonment- Abandon a County owned 30 foot drainage easement-
Resolution No. 05-382- Consider staff recommendation to approve the abandonment of
the 30 foot drainage easement , authorize the Chairman to sign Resolution No. 05-382
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and instruct staff to record the document in the Public Records of St. Lucie County,
Florida.
It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Resolution No.
05-382 and authorize the Chairman to sign, and; upon roll call, motion carried
unanimously.
B. COUNTY ATTORNEY (1-507)
Petition for Abandonment- Abandon a portion of a 66 ft. platted right of way known as
West Dixie Blvd., Resolution No. 05-399- Consider staff recommendation to approve
Resolution No. 05-399 and instruct staff to publish the final Notice of Abandonment,
record Resolution No. 05-399 Proof of Publication Notice of Intent to Abandon, Proof of
Publication of the Notice of Public Hearing, Proof of Publication of the Notice of
Abandonment in the Public Records of St. Lucie County.
Mr. Michael Courtney, petitioner was present to answer any questions.
Com. Coward expressed his concerns with abandoning certain areas that could be
valuable in the property market today. He stated the County should ask for fair market
value.
Com. Craft stated he agreed the county should receive some revenue from the properties
but felt market value was not appropriate since most of the right of ways were donated to
the county.
Com. Coward suggested a review of the process in the near future and stated he would
support this request due to the fact staff has stated there would not be an impact in the
road system.
It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Resolution No.
05-399 and staff recommendation to record the necessary documents in the Public
Records of St. Lucie County, and; upon roll call, motion carried unanimously.
C. GROWTH MANAGEMENT (1-949)
Consider Draft Resolution No. 05-395 granting the petition of Ginn LA St. Lucie Ltd.,
for a change in zoning from HIRD to PUD – Watersong South – Consider staff
recommendation to approve Draft Resolution No. 05-395 subject to two limiting
conditions.
Mr. Reikenis, petitioner addressed the Board on this issue.
Com. Hutchinson requested clarification if there was to be one crossover or three as
proposed on the plan.
Planning staff stated there are to be three crossovers in the project.
Com. Coward questioned the restoration of the upland hammock and how they would
achieve any additional native upland species.
Mr. Toby Oberdore, addressed Com. Coward’s questions. He stated on the parcel itself
there are no native habitat remaining due to the hurricanes.
Mr. Charles Grande, Chairman of the President’s Council, Hutchinson Island, advised the
Board the petitioner came before the Council with his proposal and the Council has given
their full support for the project.
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It was moved by Com. Smith, seconded by Com. Craft to approve Resolution No. 05-395
as amended, to include the upland component, and; upon roll call, motion carried
unanimously.
D. GROWTH MANAGEMENT ( 1-2063)
Consider the petition of East Glade Holdings for a Change in Zoning from RS-2 to AG1
for property located on the southwest corner of the intersection of Graham Road and
Copenhaver Road. Draft Resolution No. 05-393 - Consider staff recommendation to
approve Draft Resolution No. 05-393.
Mr. Dennis Murphy, Senior Project Manager, Culpepper and Terpening and representing
the petitioner, addressed the Board on this issue and answered questions.
The Board questioned the zoning requested and the fact that staff would prefer an AR-1
zoning, however this would possibly require a house on the property.
The County Attorney stated it would be better if the applicant agreed to the AR-1 zoning
and would be proper to ask the petitioner if he had any issues with this type of zoning.
Mr. Murphy stated they are looking to establish a wholesale nursery operation under an
AG-1 zoning. They will not be dealing in wholesale or retail to the general public.
Mr. Murphy stated at the Planning and Zoning meeting they were asked if they would
consider the AR-1 zoning, and he had stated yes they would, however, the catch was they
had to have a house on the property and they are not interested in building a house, they
want to plant trees.
The County Attorney stated in looking through the AG zoning district and the AR zoning
district it looks as if the AR-1 is less intensive and he believes the Board could if they
chose to rezone without re-advertising tonight. On the issue regarding the home being in
an AR-1 zone even under a conditional use, it is not necessarily the case according to the
definition of conditional use. If this was an accessory use he may feel differently. It is
his understanding that in the past they have done conditional uses without single family
homes or residential for horticultural services. He is comfortable this can be done by the
Board in this case. The Code allows for some flexibility.
Mr. Ken Crosby, 6820 Graham Road, addressed the Board on this item. He asked how
the petitioner would be transporting the product and expressed his concern with the
change in zoning opening the door for other uses. He asked the Board not approve the
recommendation made by the Planning and Zoning Board.
Mr. Murphy made closing remarks and asked the Board to approve staff
recommendation.
Mr. Murphy advised the Board if the County is in the position that in fact they can under
horticultural services operate conditional use activity on this property, they would be
prepared to go and do that, however, they would like it done in a timely process.
Com. Coward thanked the representative for his cooperation and stated he was more
inclined to recommend and vote in favor of the AR-1 zoning.
The County Attorney recommended the Board move to approve the petition as amended
to approve the AR-1 district with the request to county staff to expedite the conditional
use application that would be presented and filed in short order and presented to the
Board as soon as possible.
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It was moved by Com. Craft to approve the petition as amended to approve the AR-1
district with the request to county staff to expedite the conditional use application that
would be presented and filed in short order and presented to the Board as soon as
possible, motion died for lack of second.
It was moved by Com. Hutchinson to approve the AG-1 zoning as recommended by staff;
motion died for lack of second.
It was moved by Com. Craft, seconded by Com. Smith, to approve the petition as
amended to approve AR-1 district with the request to county staff to expedite the
conditional use application that would be presented and filed in short order and presented
to the Board as soon as possible, and; upon roll call, the vote was as follows: Nay:
Hutchinson, Aye’s: Smith, Craft, Coward, motion carried by a vote of 3 to 1 with one
member absent.
E. GROWTH MANAGEMENT (2-214)
Consider the petition of Kings Highway Industrial Park II, LLC for a change in zoning
from AG-1 to IL zoning district for property located at the east side of Kings Highway,
approximately 550 feet north of the I-95 overpass. Consider staff recommendation to
approve Draft Resolution No. 05- 394.
Com. Coward stated in reading through the Planning and Zoning minutes there was a
question asked regarding the neighborhood planning effort in this general area.
Com. Coward asked why staff was recommending approval when they were
approximately 1 month away from having that plan.
Com. Coward stated he would prefer to have the neighborhood planning effort be
conducted first before approving this petition.
Com. Hutchinson advised those present she had met with the residents in the area.
Mr. Dennis Murphy, Culpepper and Terpening, representing the petitioner, addressed the
Board and asked this item be continued rather than to participate in lengthy discussion
and have the opportunity to meet with the Board on an individual basis addressing
concerns of the neighborhood planning effort.
It was moved by Com. Hutchinson, seconded by Com. Craft to continue this public
hearing on February 21, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and;
upon roll call, motion carried unanimously.
F. MANAGEMENT AND BUDGET
Amendment to FY 2005 budget- Consider staff recommendation to adopt Budget
Resolution 05-474 amending the FY05 budget.
It was moved by Com. Hutchinson, seconded by Com. Smith, to approve Budget
Resolution No. 05-474 amending the FY 05 budget, and; upon roll call, motion carried
unanimously.
RA-1 ADMINISTRATION
Awarding of Bid to David Brooks Enterprises for the Clerk of Court Building- Consider
staff recommendation to revoke the bid award to Paul Jacquin & Sons, Inc., for
construction of the new Clerk of Courts Building and awarding the bid in an amount not
to exceed $11,863.00 to David Brooks Enterprises, authorize the Chairman to sign the
contract as prepared by the County Attorney, and transfer $440,028.00 from the
Monumental Staircase Bond issue to cover the increased contract amount.
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It was moved by Com. Craft, seconded by Com. Hutchinson, to approve staff
recommendation and authorize the Chairman to sign the contract as prepared by the
County Attorney and transfer $440,028.00 from the Monumental Staircase Bond, and;
upon roll call, motion carried unanimously.
UNAGENDAD
Com. Hutchinson requested ratification of the following appointments.
William Blazak, Citizen’s Budget Committee
Hal Roberts- TDR Committee
Michael J. Garavraglia Jr. – TDR Committee
Buck Walters – Smart Growth
It was moved by Com. Craft, seconded by Com. Smith to ratify Com. Hutchinson’s
appointments to the stated committees, 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
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