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HomeMy WebLinkAboutBOCC Minutes 02-08-2005 BOARD OF COUNTY COMMISSONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 8, 2005 Convened: 9:00 a.m. Commissioners Present: Vice Chairman, Doug Coward, Paula A. Lewis, Joseph Smith, Chris Craft, Chairperson Frannie Hutchinson, absent on County business 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, Paul Phillips, Airport Director, Dennis Wetzel, IT Director, Roger Shinn, Central Services Director, Paul Hiott, Veteran Services Director, Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1040) It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held February 1, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS PRESENTATIONS A. An update was given by the Treasure Coast Regional Planning Council on the North County Charrette Master Plan. Ms. Marcella Kemler, Project Manager for the Regional Planning Council presented an update on the North County Charrette. Com. Craft stated there is a lot of pressure in North County and he is receiving many calls from the residents expressing their concerns with the development of North County being pursued prior to the final completion of the Charrette. Ms. Kemler stated they have been trying to work with every developer and trying to have them commit to the vision, today they legally do not have to. Mr. Michael Buscha, Executive Director, stated everyone so far has been cooperative. However, it he had heard there may be a point where the County will be tested as to how far the County is committed to follow the Charrette. He hopes everyone will continue to cooperate and hang in there until September. Com. Coward commented on how there are those who are purchasing agricultural land on a speculative value idea that the county will move the urban service boundary and land use and get speculative value. If there is a check that needs to be put in place that is the county has not moved the urban service boundary one inch or changed the land use for those properties. We need to be careful to protect personal property rights. Public Comments: Mr. Charles Grande, Hutchinson Island and member of the P & Z Board, addressed the Board and expressed his concern with a date driven urgency and the lack of participation from the citizens on the review. He requested the Comp Plan Study group take part in this effort. Com. Coward stated they will continue to have public participation on this issue. 1 Mr. Jeff Furst, Property Appraiser, addressed the Board and stated what is being done is in expectation, however, what is going on is not economically feasible with prices to date. What they have today and what they are paying will never work. The anticipation is the change in use. Ms. Melissa Leftky, area resident, addressed the Board and expressed her concern with the continued development in our county. Mr. Dick Weimer, property owner of light industrial zoned parcel stated he cannot make money by placing cows or oranges on his property. He has people knocking on his door to buy his property. You cannot raise enough oranges or cows to pay the taxes on the property today. Com. Coward stated they are looking for creative alternative that make sense for agriculture in the community. Ms. T.A. Weiner, area resident, addressed the Board and stated agriculture is not dead. The Florida Farmers Markets are booming, young farmers are growing non chemical crops which are very popular in today’s markets. B. Veteran Services Director, Paul Hiott, was recognized for his induction into the Four Chaplains Legion of Honor on Sunday, February 6, 2005. C. The County Administrator read upcoming events and scheduled meetings. 3. GENERAL PUBLIC COMMENTS (1-2607) Mr. Charles Grande, Hutchinson Island resident, addressed the Board with his concern about the beach access on Herman’s Bay being under water this morning. He asked the Board to look at this problem with a sense of urgency as part of the dune re-building project. Mr. Craig Mundt, Hutchinson Island resident, addressed the Board on the dune line change and this has permitted the ocean to come up to the building lots on the Island. Ms. Melissa Leftky, area resident asked for an up date on previously discussed projects such as 24 hour beach access, off road vehicle park. 4. CONSENT AGENDA (1-2890) It was moved by Com., seconded by Com., to approve the Consent Agenda, to include CA-1 and the added change to C6-C, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 19. 2. COUNTY ATTORNEY A. Request Permission to Advertise- Public Hearing- Petition to abandon two unnamed, unopened right of ways on Sunrise Blvd- The Board authorized staff to advertise a Public Hearing to be held on March 1, 2005 at 6:00 p.m. or as soon thereafter as possible. B. Resolution No. 05-055 Extending the State of Emergency for Hurricane Frances; and Resolution No. 05-056 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-055 and Resolution No. 05-056. 2 C. Request Permission to Advertise- Public Hearing- Petition to abandon a 12 foot Utility Easement in Lexington Square- The Board authorized staff to advertise a Public Hearing to be held on March 1, 2005 at 6:00 p.m. or as soon thereafter as possible. D. Contract for Sale and Purchase- Indrio North Savanna- BJS Properties, Inc., Parcel ID 1407-421-0005-0000/0- The Board approved the Contract for Sale and Purchase with BJS, Properties for the purchase price of $75,000, authorized the Chairman to sign the Contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. E. Friends of St. Lucie County Public Health, Inc- Grant Agreement for Drowning Prevention Program and Promotion of St. Lucie County Public Health Department Programs- The Board approved the proposed grant agreement and authorized the Chairman to sign the agreement. F. Request Permission to Advertise Public Hearing- Petition to abandon a 12 ft. utility easement in Lexington Square Between Lot 20 & 21- The Board authorized staff to advertise a Public Hearing to be held March 1, 2005 at 6:00 p.m. or as soon thereafter as possible. 3. MANAGEMENT AND BUDGET Approval of Budget Amendment BA05-121 in the amount of $301,704 and BA05-122 in the amount of $217,562 to cover fiscal year 2004 insufficient accounts- The Board approved Budget Amendment BA05-121 and BA05-122. 4. PARKS AND RECREATION A. Batting Cage Policy- The Board approved the Parks and Recreation Department Batting Cages Policy. B. Assignment of Agreements- The Board approved the removal of the Fairgrounds facility from the current Concession Lease Agreement C02-06-442, approved the Second Amendment to the contract, granted permission for staff to go out for RFP’s for the Fairgrounds concessions, and approved an Assignment of Agreement for the County’s current concessionaire agreements as drafted by the County Attorney from the County Store Sub Shop and Catering to Domenic’s Corner Grill and authorized the Chairman to sign. C. Equipment purchase 10 Row Bleachers EQ05-292- Cancellation of EQ05-143- The Board approved EQ05-292 to purchase a 10 row bleacher for the Lawnwood Tennis Center in the amount of $5,147.00 and cancelled EQ05-143 for soccer goals. D. Revised Equipment Request- EQ05-107 and approval of Budget Amendment No. AB05-125- Goal posts- The Board approved to increase the budget amount of EQ05-107 by $250,000 from $2,300 to $2,550 for the purchase of goal posts for Lawnwood Football Stadium, and BA05-125 transferring funds to cover the total cost of the purchase. E. Revised Equipment Request EQ05-141 Tennis Ball Machine- The Board approved canceling EQ05-142 and use of the additional funds to increase EQ05-141 by $1,650. for the purchase of the tennis ball machine. 3 F. Purchase of Storage Building at Elks Park- The Board approved the purchase of a 12x30 streamline storage building from Thurman’s in the total amount of $5,310 of which the Ft. Pierce American League has agreed to pay $5,200 in two annual payments of $2,600. 5. UTILITIES A. Equipment Request EQ05-275, Equipment Request EQ05-276 and Budget Amendment BA05-118- The Board approved EQ05-275 for the Dell 3300MP Projector in the amount of $1,478.53, EQ05-276 for the Smart Board 580 Pro in the amount of $1,658. and BA05-118. B. Amendment No. 1 to Work Authorization No. 30 – Masteller & Moler, Inc.,- The Board approved Amendment No. 1 to Work Authorization No. 30 for Masteller & Moler, Inc., to increase the lump sum amount from $216,950 to $253,150. 6. GROWTH MANAGEMENT A. Approval of Equipment Requests- The Board approved EQ05-271 for a Dell Server as replacement equipment and EQ05-289 for 4 new workstations. B. Memorandum Agreement- The Board approved the Memorandum of Agreement between the County and the FDOT for maintenance of the SR70 pedestrian bridge (FM 23062-5-52-01). C. Request of Lawson, Nobel & Webb, Inc. for final plat approval for the project to be know as PODS 12 and 13 PUD 1 at the Reserve (Scarborough Estates)- The Board approved the final plat of PODS 12 and 13 at the Reserve with the added condition the internal sidewalk system be provided as previously agreed and authorized its final execution. D. Request of Treasure Cay, LLC for final plat approval for the project to be known as Diamond Sands Subdivision- The Board approved the final plat of Diamond Sands S/D and authorized its final execution. 7. GRANTS A. Award of RFP # 05-013- Guidance an Interpretive signage- The Board approved all three proposals for the shortlist, permission to enter into a contract with the top ranked firm, Guidance Group, for an amount not to exceed $30,000 and for the Chairman to sign the contract as prepared by the County Attorney. B. Submission of Grant Application- The Board authorized the submission of the grant application to the National Recreation and Park Association and the U.S. Tennis Association for $5,000 to pay for a temporary tennis specialist who will assist in coordinating Junior Team Tennis Tournaments during the summer 2005. The Board will accept the grant if it is approved for funding. C. Six grant applications/Children’s Services Council- The Board approved submitting six grant applications to the Children’s Services Council for funds that will be utilized for scholarships to summer programs being conducted by the County’s Parks and Recreations Department. The Board approved acceptance of the grants if awarded. Fort Pierce Community Center Teen Camp $1,020 Ft. Pierce Community Center Kids Camp $2,425 4 Lincoln Park Community Center Kids Camp $5,000 Lyngate Play Camp $2,750 Aquatics/Swimming Lessons $1,000 Lawnwood Tennis Program $2,400 8. ADMINISTRATION A. Request for Board approval of Change Order No. 7- The Board approved Change Order No. 7 in the amount of #$126,380 I the contract with Rodda Construction for repair of Tradition Field. B. Sale of Alcoholic Beverages at Tradition Field- The Board authorized the sale of Alcoholic Beverages and directed staff to send a letter to St. Lucie Mets authorizing the sale in addition to beer and wine at selected areas of the stadium. This excludes concession areas. C. Gubernatorial appointment term of the District Medical Examiner in District 19 will expire July 1, 2005- The Board approved the reappointment ballot form with the concurrence of the recommendation of reappointment of Dr. Mittleman for submittal. 9. PURCHASING A. Fifth Amendment to Contract No. C02-04-399 with Terminix International Company- The Board approved exercising the second one year renewal option to Contract No. C02-04-399 to extend the terms of the contract with the Terminix International Company through May 9, 2006. The Board also approved adding Elections and Clerk of Court at the Orange Blossom Business Center and Walton Road Annex and remove the Courthouse, Village Green and authorized the Chairman to sign the amendment as prepared by the County Attorney. B. Second Extension to Contract No. C02-03-295 with Hennis Construction Company, Inc.- The Board approved the second extension to contract C02-03-295 with Hennis Construction Company, Inc., and authorized the Chairman to sign the extension as prepared by the County Attorney. C. The Board approved the First Extension to Contract C03-02-222 with Sims Wilkerson Engineering, Contract C03-02-225 with Culpepper & Terpening Inc., Contract C03-02-235 with Hazen &b Sawyer, P.C., Contract C03-02-269 with Kimley-Horne Associates, and Contract C03-02-244 with Keith and Schnars, P.A. for Engineering Services and authorized the Chairman to sign the extension as prepared by the County Attorney. D. Award of RFP # 05-017- Processing/Recycling Services for Yard Waste- The Board approved awarding of F\RFP # 05-017 to the top ranked firm, Thelin Recycling at a cost of $16.97 per ton and approved the Chairman signing the extensions as prepared by the County Attorney. E. First Extension to Contracts- The Board approved the first extensions to contracts C03-02-247 with Corzo Castella, Carballo, et al, Contract C03-02-257 with Jenkins & Charland, Inc., and Contract C03-02-245 with Williams, Hatfield and Stoner, Inc. for Structural Engineering Services and authorized the Chairman to sign the extensions as prepared by the County Attorney. F. Permission to advertise a RFP for Continuing Professional Engineering Services Utilities Department- The Board approved 5 advertising an RFP for Continuing Professional Engineering Services – Utilities Department. G. Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances/Jeanne- The Board 1)ratified the County Administrator’s 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 Administrator’s approval of the list of emergency purchases orders and authorized the Chairman to sign contracts as prepared by the County Attorney. H. Bid Waiver and Piggyback Martin County Public School Board Bid No, MC500-1028KJK- The Board approved the waiver of the bid process and authorized piggybacking Martin County School District Bid No. MC500-1028 JK for the purchase of a 125 ton Trane Chiller with Trane Company, a division of American Standard, Inc., for $43,381.00. Also, to solicit quotes for an outside contractor to install it at the Sheriff’s Administration Building. I. The Board approved canceling contract C04-10-474 Long Line Mowing Contract with Greenscapes, Inc., and approved advertising an Invitation for Bid with revised specifications. 10. INVESTMENT FOR THE FUTURE Amendment No. 1 to Work Authorization No. 7 Contract No. C03-02-222- Sims Wilkerson Engineering - The Board approved using IFF funds un the amount of $30,000 for Sims Wilkerson Engineering through Amendment No. 1 to Work Authorization 7 to provide the services of a sub-consultant for Civil Engineering and Survey for the Administration Complex and authorized the Chair to sign this Amendment No. 1 as prepared by the Attorney. 11. COMMUNITY SERVICES Budget Resolution No. 05-054- The Board approved Budget Resolution No. 05-054 in the amount of $231,805. for the FY02-03 SHIP program. 12. HUMAN RESOURCES A. Assignment of Contract- - The Board approved signing the Consent to Assignment of Contract declaration. B. Reimbursement rates for meals and mileage- The Board approved Resolution No. 05-057 with an effective date of February 8, 2005. 13. AIRPORT Florida Department of Transportation Joint Participation Agreement- The Board approved accepting the FDOT Joint Participation Agreement and authorized the Chair to execute the JPA and Resolution No. 05-053 authorizing the Chairman to sign the agreement for Hurricane Damage Repairs at St. Lucie County International Airport. This grant provides for $35,000 of the $43,750 required for the project. 14. CENTRAL SERVICES A. Demolition/Removal of Stewart Sand Mine Building- The Board approved the recommendation to obtain quotes, select the most qualified vendor and demolish and remove the Stewart Sand Mine building. 6 B. Approval to purchase two storage buildings- The Board approved the purchase, delivery and set up of two 20x30 storage buildings, one at Rock Road Jail- EQ05-293 and the other at Central Services Compound EQ 05-294/Budget Amendment No. BA05-126. 15. PUBLIC WORKS Part time Office Assistant III Position for the MSBU Program in the Public Works Department- Engineering Division - The Board approved the non-exempt Part time Office Assistant III with Limited Benefits Position at a Paygrade 10, as outlined in the attached job description and approved attached Budget Amendment No. 05-127 to purchase a computer for the new position. CA-1 MANAGEMENT AN BUDGET Boys and Girls Club Alcohol and Drug Abuse Mini-Grant Award Extension- The Board approved the Boys and Girls Club FY04 extension and authorized spending the remaining $825.18. REGULAR AGENDA 5. NO PUBLIC HEARINGS SCHEDULED. 6. ADMINISTRATION (1-2890) Purchase of 93.6 aces of Harbor Branch Oceanographic Institution property 700 ft. south of the St. Lucie County Fairgrounds- Consider staff recommendation to approve acquisition of 93.6 aces of HBOI property located a700 feet south of the St. Lucie County Fairgrounds in the amount of $2,300,000 plus closing costs estimated at $50,000. It was moved by Com. Smith, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 7. PUBLIC WORKS th Extension of Avenue M from 25 St., to Angle Road- Consider staff recommendation to rd approve installation of a roadway crossing at 33 street canal to connect Avenue M for fire and emergency access to Sunland Gardens Subdivision. The City of Ft. Pierce requested the extension of the road . The Public Works Director presented the project to the Board for their consideration and direction. Com. Lewis questioned staff if they had received any complaints regarding Avenue Q. She advised the Board she had not received any calls with concerns. The Public Works Director stated his office had not received any complaints from residents in the Avenue Q area and these concerns were expressed by City Com. Duke Nelson and the balance of the City Commission. Com .Lewis questioned if any changes were being proposed for the Westwood School intersection. 7 The Public Works Director stated they had a study in an attempt to signalize the intersection and have also considered sidewalks. All these projects are in the works and are at a design stage that continues to move forward. The Road and Bridge Manager stated they will be scheduling the signal need study for this spring and will be bringing it back to the Board. Com. Smith stated there is a problem with the intersection and Avenue Q and he believes rd the 33 Street crossing is a good beginning. Com. Lewis suggested having public comments before moving forward. Com. Craft suggested a workshop to see if the people from the neighborhood are inclined to have this project their area. He does not want to promote more traffic on a unpaved road in a residential area. Com. Coward stated this change would have an impact on the character of the community and he would like the area resident input on this issue and would like this issue brought up during upcoming budget sessions. He supports the concept but does not see the urgency and see it premature to go out and spend money at this time. Com. Lewis stated she would prefer to review this issue during the budget workshops. Com. Coward stated he would be inclined to pursue the improvement if he had a letter from the Fire District concerning the emergency response problems in the area and asked staff to contact the Fire District for their input. It was the consensus of the Board to review this at the upcoming budget sessions. 8. COUNTY ATTORNEY(2-656) Division of Forestry Lease at County Fairgrounds- Consider staff recommendation to approve the Lease and authorize the Chairman to sign the lease. It was moved by Com. Lewis, seconded by Com. Craft, to approve lease and authorized the Chairman to sign the lease, and; upon roll call, motion carried unanimously. 9. PUBLIC WORKS (2-719) Engineering Division- South Causeway Shoreline- 1) update on ore-storm restoration with beach fill under the State’s emergency order and 2) direction from the Board regarding stabilization of south causeway shoreline - Staff recommends no action be taken to re-nourish the south causeway shoreline. No comments from the Board. Com. Coward requested this item be re-agendad after more information has been obtained and reviewed by the Board and schedule for further discussion. No action taken. 10. COUNTY ATTORNEY (2-881) Resolution No. 05-060 Urging the Florida Legislature to Adopt a Senate Bill to create an Independent Research and Education Authority within St. Lucie County, Florida; to Promote and Stimulate Economic Development and Employment Opportunities within St. Lucie County and throughout the Treasure Coast and provide for a referendum- Consider staff recommendation to adopt Resolution No. 05-060 as drafted and directed the County Administrator to forward a copy of this resolution to the Governor, State Senator Ken Pruitt, and other members of the County’s Legislative Delegation. 8 The County Attorney addressed this item. Com. Lewis expressed her concern with item 3. She is not really sure if taxes collected in St. Lucie County will be utilized outside the county. The County Attorney concurred and suggested deleting the words “and the Treasure Coast”. Com. Lewis also commented that she is hesitant to support the currently proposed legislation as it exists. She supports the initiative to create the authority, but the legislation as it exists concerns her. The County Attorney suggested deferring this until we can obtain more definition from Senator Pruitt as to what his proposal is or we can add something to the Board’s preference. Com. Coward stated he would rather have a resolution which is 100% positive and maybe send a letter with the Board’s requested modifications. Com. Smith suggested waiting until a full Board was present before moving forward. The County Attorney suggested this item be re-agendad for two weeks giving staff time to draft a letter and also have the time to contact Senator Pruitt. It was the consensus of the Board to re-agenda this item in two weeks. BOARD COMMENTS Com. Craft commented on his attending the City Commission meeting and discussing regionalization and in the future the possible merger of the two utilities. He advised the Board there were two City Commissioners who felt this was a good issue to discuss in the future. Com. Coward stated he wanted to make it clear that he would like to work with the City of Ft. Pierce on this endeavor and the Board did not have any intention of taking over any utility. Com. Smith requested an update as to when the Hurston Branch Library would be re- opened. The Asst. Central Services Director advised the Board they estimate re-opening in 2 to 3 weeks. The County Attorney gave an update on the litigation concerning the Indian River Drive project. There are 17 litigants who filed suit against the County . The County does not have intention entering onto those properties. He believes the county has the legal ability in an emergency situation protect its roadway. The County Attorney advised what a “win” for the County would mean and the possible costs. The County Attorney suggested the county advise the litigants they will not be entering their property as part of the Federal project and if the county agreed they would eligible to participate in the phase 2 project (USDA grant to plant shoreline) at the cost of the grant and that each party would pay their own attorney’s fees and cost, he felt they would be able to settle the law suit. He believes this solution will allow those property owners to obtain their own permits and do as they wish. The Federal Government has stated they would not be spending any money on these projects as well as the County now or in the future should the road fail on 9 these properties. They will not be coming back in and providing Federal dollars for these properties in the law suit. Com. Lewis stated if the prior ruling had changed she would be in favor of this recommendation. Com. Craft stated his concern was the failing of the road in the future. The County Attorney stated if the road is affected in the future, the affect may be minimal due to the county’s effort with the balance of the property owners and the county’s structural project. Com. Coward stated he wanted to make sure the county’s project was both structurally sound as well as environmentally. The Board conceptually approved the recommendations by the County Attorney. The County Attorney stated he would relate the Board’s decision to the plaintiffs. There being no further business to be brought before the Board the meeting was adjourned. _________________________ Chairman ____________________________ Clerk of Circuit Court 10