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HomeMy WebLinkAboutBOCC Minutes 01-25-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETI NG Date: January 25, 2005 Convened: 9:00 a.m. Tape- 1-2 Adjourned: 11:35 a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Heather Young, Asst. County Attorney, Randy Stevenson, Asst. Growth Management Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Ed Parker, Purchasing Director, Marie Gouin, M & B Director, Roger Shinn, Central Services Director, Ed Cox, Growth Management Director, Mike Pawley, County Engineer, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-022) It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the meeting held January 18, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS The County Administrator read upcoming events and scheduled meetings. 3. GENERAL PUBLIC COMMENTS (1-200) Mr. Bill Hammer, Reserve resident, addressed the Board regarding a meeting he attended and was advised the Florida Insurance Commission has been combined with Finance. Mr. Charles Grande, President’s Council, addressed the Board regarding item # 6 and asked no changes be made to the Harbor Advisory Committee. 4. CONSENT AGENDA (1-340) It was moved by Com. Lewis, seconded by Com. Craft , to approve the Consent Agenda; to include CA-1 and item C8A being pulled; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 17. 2. COUNTY ATTORNEY A. Resolution No. 05-043 Extending the State of Emergency for Hurricane Frances and Resolution No. 05-044 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-043 and 05-044. th B. South 25 St. Roadway Widening- Midway Road to Edwards Road- The Board accepted the Temporary Construction Easement, authorized the Chairman to sign Resolution No. 05-042 and directed staff to record the documents in the Public Records of St.. Lucie County, Florida. 1 C. Request Permission to Advertise Petition for Abandonment Portion of Hawthorne Road, San Lucie Plaza- The Board authorized staff to advertise a Public Hearing to be held on February 15, 2004 at 6:00 p.m. or as soon thereafter as possible. D. Florida Communities Trust- Ten Mile Creek East FCT Project 02-056- FF2- Grant Award Agreement- The Board approved the Grant Award Agreement, authorized the Chairman to execute the Agreement and directed staff to record the Agreement in the Public Records of St. Lucie County, Florida. 3. PUBLIC SAFETY A. Homeland Security Grant and Budget Resolution - The Board accepted the Homeland Security Grant in the amount of $$159,116.00 and authorized the Chairman to sign Resolution No. 05-034. B Accept Memorandum of Understanding between The Fla. Dept. of Community Affairs and St. Lucie County BOCC - The Board approved the State accepting the amount of $68,064.83 for the purchase of a tow vehicle by the State and authorized the Chairman to sign . Vehicle will be delivered and turned over to the Emergency Operations Center and added to the asset list. C. Resolution No. 05-039 approving Emergency Management Services Grant- The Board approved Resolution No. 05-039 for the Emergency Services Grant in the amount of $158,166.50 and authorized the Chairman to sign. 4. PARKS AND RECREATION A. St. Lucie County Fairgrounds/FFA Building - The Board approved the lowest, responsible bidde4r at a cost of $2,100.00 for the installation of the fire suppression system in the FFA Building located at the Fairgrounds. B. City of Port St. Lucie Request- South County Stadium- The Board approved the request of the City of Port St. Lucie to utilize the fenced “bus parking area” of the South County Regional Stadium on June 25, 2005 and sale of alcoholic beverage at their concessions. 5. GROWTH MANAGEMENT A. Cancellation of all Board approved incentives (JGIG) - The Board approved canceling all forms of incentives, resolutions and contracts currently between St. Lucie County and LanShe Aerospace, LLC and authorized staff to forward a letter to OTTED to cancel the QTI. B. Request of James A. Fowler, P.S.M. for final plat approval for the project to be known as Trowbridge Lakes Subdivision- The Board approved the final plat of Trowbridge Lakes S/D and authorized its final execution. 6. COMMUNITY SERVICES Acceptance of $500,000 Home Again, FHFC Disaster Relief HOME Assistance Program Contract- The Board accepted the grant contract and authorized the Chair to sign all relevant documents. 7. MANAGEMENT AND BUDGET 2 Adopt Budget Resolution 05-041 in the amount of $10,365,706.- The Board approved Budget Resolution No. 05-041 to establish a budget for the extended portion of the Parks Referendum line of credit. 8. CULTURAL AFFAIRS A. Cultural Affairs Council Annual Grant Agreement- This item was pulled. B. Navy Seal Museum Utilities- The Board approved $9,000.00 be transferred from Tourist Development Division’s Landfill Billboard Promotional Account # 001-5210-548060-7132 to fund a new Navy Seal Museum utilities budget line # 001-7911-543000-700 to be established by the Office of Management and Budget and the Cultural Affairs Department will be responsible for the payment of the utilities bills for the Navy Seal Museum for he balance of fiscal year 2004- 2005. 9. PUBLIC WORKS A. Request approval from the BOCC for equipment- The Board approved Equipment Request EQ-282 through EQ-288 and Budget Amendment number 05-120 for building permitting expansion. B. Title Change- The Board approved the title change and position request # RC05-011, from Zoning Supervisor to Permitting Supervisor. 10. PURCHASING A. Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricanes Frances/Jeanne - The Board approved 1) ratifying 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 purchase orders, credit card purchases, and authorized the Chairman to sign contracts as prepared by the County Attorney. B. The Board approved the Assignment of Agreement for Contract No C-98-12- 185 with Severn Trent Avatar Utility Services, LLC to Severn Trent Environmental Services for operation, maintenance and management services for St. Lucie County water, wastewater and reclaimed water facilities. C. Permission to Advertise on Invitation for Bid for Window Cleaning Services- The Board approved advertising an Invitation for Bid for Window Cleaning Services. D. Award of RFP # 05-011- St. Lucie County Research and Educational Park Development of Park Master Plan- The Board approved of all five proposals for the shortlist and granted permission to negotiate with the top ranked firm EDSA and to bring back the contract for Board approval. E. Bid Waiver and sole source declaration for the purchase of two Model # 930G Wheel Loaders with a solid waste package- The Board approved the bid waive and sole source declaration for the purchase of two model #930G Wheel Loaders with a solid waste package EQ# 05-264 and EQ 05-265 to Kelly Tractor for a total amount of $353,323.38. CA-1 ADMINISTRATION 3 Purchase of two computers- One for New Assistant County Administrator, other for Strategic and Special Projects Director- The Board approved EQ# 05-290 and EQ05-291 and transfer of funds BA#05-123 in the amount of $2,572.00 to purchase the two new computers. REGULAR AGENDA 5 A GROWTH MANAGEMENT (1-382) Consider Draft Ordinance No. 05-003 (formerly No. 04-012) St. Lucie County Historic Preservation Ordinance- First of two required public hearings, no action recommended at this time. Mr. Peter Harrison, Orange Avenue resident, addressed the Board on behalf of the Adams Ranch. Mr. Harrison stated because the ordinance is so broad and may take in agricultural properties such as the Adams Ranch, he has met with the Asst. County Attorney and staff and discussed his concerns. He referenced page 24 and he realizes this only applies if your building is a designated property, staff is attempting to find wording that would allow between agricultural operations or maintenance. He as well as some grove owners would like some flexibility to continue to operate in an agricultural manner. He questioned for the record, if a designation was brought against the will of the owner, he wanted to make sure the final decision was made by the Board of County Commissioners. Staff stated the final decision would be with the Board of County Commissioners and there is an appeal provision as well in the ordinance. Ms. Joanne Davis, Chairman of the Historic Preservation Committee addressed the Board in favor of the ordinance. Com. Hutchinson expressed her concern with the appeal process and the cost to move the process forward. The Asst. County Attorney stated there is a hardship clause . For designation, a person only needs to provide a written objection and not provide all the additional information. Com. Coward addressed his concern regarding property rights. He commented on the additional recommended $10,000 value be applied (as per a letter from Mr. Langdon). The present ordinance reads, “ if you make improvements to your property, there is a tax abatement on the value of the improvements”. Mr. Langdon’s letter pointed out there is additional costs even on the existing structure. He asked if this was something the Board had the ability to do even though it was not specifically called for in the statute. The Asst. County Attorney stated it was her understanding the County was limited in approving exemptions to those that are laid out in the statute and they must follow what the statutes states. They do not have the ability to apply the tax abatement to existing structures. Com. Coward commented on the definitions as they read relative to the St. Lucie County Historic Preservation Committee. It was suggested the various definitions be deleted. Com. Coward commented on the appointment process. Under 110.27 it talks about a member can be removed only by a vote of the Board. He stated it would be better to address it as any at-large member can be removed by the Board due to the fact each Board member has an appointee. Page 12 the description of rules and authority of the Historical Committee itself and he believes the intent is to formalize the administration 4 and enforcement of the ordinance itself. He would like language that any subsequent changes need to come back to the Board and would like this more clearly spelled out. Com. Hutchinson commented on the confusion certain language has created regarding this issue. Com. Coward also commented on line 11 page 12, designation on individual sites, he asked it be clarified who this is going to, also on line 29, item 13 he believes they want the committee to comment on pending matters. Also page 26, penalties that can be applied, it does not say who can make that determination. The Asst. County Attorney stated she believes it would be Code Enforcement. Com. Coward also commented on page 15, line 25, in the paragraph, it does not say anything about initiating on the upper echelon structures. He does not want this to apply to any structures that are specifically 50+ years, but go after the top structures only. Staff addressed Com. Coward’s comments. Com. Hutchinson asked staff to send out letters before the next public hearing, to those residents that were placed into the significant category so they are made aware there is one opportunity left for them before the Board. No action required. 6. ADMINISTRATION (1-2438) Staff requested the Board review the resolution forming the Ft. Pierce Harbor Advisory Committee and provide direction if changes are required- Consider staff recommendation to review Resolution No. 99-102. Unidentified speaker, new Chair of the Ft. Pierce Harbor Advisory Committee addressed the Board and asked a member of the Board attend the Committee meetings as a liaison and also a motion was made that one BOCC member attend and become part of the meetings. Com. Hutchinson stated she felt it was appropriate for the County to have an appointed member on the Committee. The two cities and the Village have an appointment. Com. Lewis disagreed with this request due to the fact this is an advisory board and she felt she would be giving herself advise. The Board has an appointee on this Committee and would prefer to have their advice separate to what the Board thinks and may wish to do. Com. Craft concurred with Com. Lewis. Com. Smith stated it was fine with him either way. Com. Hutchinson stated she would prefer to see an ad-hock member as opposed to a voting member if for any reason, to bring back information to the Board. Com. Coward requested item D on the resolution be refined to relating to Harbor related projects and operations which may affect the Indian River Lagoon. He also requested additional criteria and make it “A” where the primary focus would be to review and update and provide recommendations on the Port Master Plan. The County Attorney suggested he would attempt to make the changes and present it to the Board at the next meeting for their review. 5 The Board concurred. Com. Coward requested staff review the Harbor Pointe issue in more detail and provide recommendations. The County Administrator advised Com. Coward of the many projects on going. He also stated staff does not have time, nor does the county have the funds at this time to move forward with his request. 7. CENTRAL SERVICES (2-120) Approval to use property solution for installation of temporary roofing on civic center due to hurricane damage- Consider staff recommendation to approve Property Solutions for the installation of temporary roofing on the Civic Center. Property Solutions will supply and install a 40 mil Durolast roofing system at a cost of $152,900.00. The Asst. Central Services Director addressed the Board. The County Administrator advised the Board that this would slow down the process of constructing the permanent roof of the Civic Center. He will be presenting several game th plans at the Strategic Planning Session on February 17 regarding special needs shelter location and Chili Cook Off location. The Asst. County Administrator stated FEMA would not want to see the County put money into a structure where the cost would exceed over 50% of the threshold. The County would receive 90% of the replacement cost, and if it would be in a different location as an alternate project then it would cover only 80%. The roof will be temporary until they determine the outcome of the studies are which means the air conditioning units will remain and will cause some leakage. The temporary roof is 100% FEMA funded. The County Administrator stated they would fix the roof well enough so that the leakage is very limited. FEMA would not pay for a permanent roof not knowing what is going to happen to the Civic Center. Com. Lewis addressed the special needs shelter and having our vulnerable residents at risk if we do not have a shelter locally. The Public Safety Director stated 469 residents are registered with 911 as special needs, and this does not include walk-ins. It was moved by Com. Coward, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. 8. ADMINISTRATION Code Enforcement Board at large appointments- Consider staff recommendation to select two appointees from the candidates submitted to fill the two vacant Board at large appointments. Upon tally of the votes, the new appointed at large members are: Philip Stickles and Keith Pickering. 6 RA-1 ADMINISTRATION (2-629) Request for the Board to authorize staff to remove tents placed at the jail, until needed, direct staff not to open Pod 2 when complete, not retrofit Dorm-A-1 and authorize staff and the Sheriff’s Office to negotiate with the U.S. Marshal’s office to house up to 100 federal inmates in Pod 1 at the jail. The Asst. County Administrator advised the Board the jail population at this time has dropped to 1040. The retrofitting of Dorm A-1 requires the purchase of a fence at $40,000 that has been ordered. Com. Hutchinson stated these pods are being built for our overcrowding and not to tie up the space for federal inmates. If the population increases she would like to be able to send back the federal inmates to avoid opening pod 2. Com. Coward stated the intent was to maximize use of the facilities by housing federal inmates to cover the cost of construction and operation of the facility. He is confused why at this time staff is not negotiating with the Marshal for use of pod 1 and in the future pod 2. The intent is to maximize the use to generate revenue. The County Administrator does not want to open pod 2 until he is sure there is enough population coming from the Federal Govt. or other counties to more than cover the cost. Com. Coward stated they should be moving forward and negotiating for pod 1 and 2. Com. Craft stated if this is managed properly, the second pod does not need to be opened for our inmates it needs to be federal inmates at a maximum if needed. Com. Craft stated he would prefer having the A-1 dorm retrofitted so it can house the medium security . He would like to have the tents in place and the dorm ready for when needed. Chief Gary Wilson, Sheriff’s Department, addressed the Board and stated the population level at this time of year is usually low. The Sheriff agrees not utilizing the tents, the number of inmates to move to the tents is low. Their problem is those how need to be in lock down and having the space for them in a secure facility. Com. Craft stated this was his intention, that it becomes the norm, to move the less threatening inmates to the tents and use the dorm for those more serious lock downs. This is why he would like for Dorm A-1 be retrofitted. Com. Hutchinson stated she did not want to train staff 6 months prior not knowing if pod 2 will be needed. Chief Wilson stated this was all premature discussion not knowing what the population will be. Not having seen Dr. Carls report and to take action now not knowing if the numbers will change and not having reviewed the recommendations, make it premature. Com. Craft stated three months ago the jail had 1300 inmates and as fast as they got rid of them, they can fill up those beds again. Com. Lewis stated this would be a domino affect, if you do not use the tents where will those other inmates be placed. There will be inmates displaced. Chief Wilson stated the Sheriff does agree with not doing the retrofit of the dorm and not utilizing the tents there does not seem to be a need for them at this time. The only concern is the staffing of pod 2 and to decide in January you are not going to open pod 2. We do not want to overcrowd the jail by not opening pod 2 collectively the options should be kept open. 7 Com. Hutchinson stated she would like discussion on pod 2 added to the workshop th scheduled for February 24 at 1:30 p.m. The Central Services Director stated it would not take long to put up the tents when needed. There are issues due to the construction of pod 1 and there is a lot of traffic in the area. The tents are an issue under heavy wind and rain. It was moved by Com. Lewis seconded by Com. Smith to approve staff recommendation to not utilize the tents until such time as needed; and, upon roll call, motion carried unanimously. It was moved by Com. Lewis, to cancel the order of the fence; motion dies for lack of second . Com. Smith asked if the fencing can be utilized somewhere else in the county. The County Administrator stated they could utilize it somewhere else and reimburse the impact fees. It was the consensus of the Board to move forward with the purchase of the fence. It was the consensus of the Board to wait until the report from Dr. Carl comes in for review before moving forward with pod 2. Com. Smith requested the County Administrator advise why the county is not able to utilize pod 2 as a shelter for Hurricanes. The Public Safety Director stated the facility did not have a good common area for cots and also the residents would need to go through the main entrance of the facility. There were many safety issues. There being no further business to be brought before the Board, the meeting was adjourned. _________________________ Chairman ________________________ Clerk of Circuit Court 8