HomeMy WebLinkAboutBOCC Minutes 07-26-2005
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: July 26, 2005 Convened: 9:00 a.m.
Tape: 1 Adjourned:10:25 a.m.
Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug
Coward, Chris Craft, absent, Joe Smith, absent
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Recreation
Director, Beth Ryder, Community Services Director, Ed Parker, Purchasing Director,
Mike Bowers, Utilities Director, Marie Gouin, M & B Director, Mike Brillhart, Growth
Management, Mike Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES
It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the
meeting held July 12, 2005, and; upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 05-299- Proclaiming September 1, 2005 through
September 11, 2005 as “Fire Fighter Appreciation Day” in St. Lucie
County, Florida.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05-
299, and; upon roll call, motion carried unanimously.
B. The County Administrator announced the Employee of the Quarter
Eric Jackson, Parks and Recreation Dept.
C. The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS
None
4. CONSENT AGENDA
It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent
Agenda, with items C-6C and C10D pulled, and; upon roll call, motion carried
unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 42 and 43.
2. COUNTY ATTORNEY
A. Resolution No. 05-300 and Resolution No. 05-301- The Board
approved Resolution No. 05-300 and Resolution No. 05-301 extending
the State of Emergency for Hurricane Frances and Hurricane Jeanne
and authorized the Chairman to sign the Resolutions.
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B. Resolution No. 05-283- Lennard Road MSBU- The Board approved
Resolution No. 05-283.
C. Resolution No. 05-284- Indrio North Savannas- The Board approve
Resolution No. 05-284 as drafted.
D. Property Donation – Mr.& Mrs. Harold Williams- Resolution No 05-
291- The Board approved accepting the Warranty Deed, authorized
the Chairman to sign Resolution No. 05-291 and directed staff to
record the documents in the Public Records of St. Lucie County
Florida.
E. Robert Trenary Trucking Inc. Subdivision Agreement- The Board
approved the Subdivision Improvement Agreement subject to receipt
of the original letter of credit and authorized the Chairman to sign the
Agreement.
F. Deputy Sheriff’s Blanket Bond- The Board authorized the Chairman
to execute the Bond.
G. St. Lucie County Landfill- The Board approved the Utility Easement
in favor of FPL authorized the Chairman to execute the Easement and
directed staff to record the Easement in the Public Records of St. Lucie
County, Florida.
H. Bent Creek Master Tract “A-1”- Subdivision Improvement
Agreement- The Board approved the proposed Subdivision
Improvement Agreement with Lennar Homes, Inc. for Bent Creek
Master Tract “A-1” and authorized the Chairman to sign the
agreement.
3. PUBLIC WORKS
A. Engineering Division- Selvitz Road at Canal 100Emergency Culvert
Replacement- The Board accepted the project released retainage in the
amount $27,234.35 and make Final Payment in the amount of
$27,234.35
B. Engineering Division- Request for a Public Hearing on CapronTrails
Mine to expand Tract 3- The Board approved a public hearing date of
September 6, 2005 at 6:00 p.m. or as soon there after to consider the
request of Capron Trails.
C. Contractor Licensing Division Resolution No. 05-296- amending
Resolution No. 92-07; Contractor Categories for purpose of issuance
of contractor certificates of competency, by adding siding, windows
and doors contractor, metal buildings contractor and hurricane
protection contractor- The Board approved Resolution No. 05-296.
D. Code Compliance Division- The Board approved the request of the
Code Compliance Dept. to purchase 4 new vehicles an approved
Equipment Request EQ331, EQ-337 and Budget Amendment No.
BA05-172.
E. Engineering Division- Professional Engineering Services- The Board
approved Work Authorization No. 18 with Hazen & Sawyer
Engineers, P.C., in the amount of $900.00 to perform a drainage study
of Jenkins Road between Treasure Cay apartment and the Banack
residence and authorized the Chairman to sign.
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F. Engineering- LO1 No. 05-063- Professional Engineering Services-
four-laning of Midway Road from S. 25thSt. To east of the Turnpike.
The Board approved the short-listing of the three selected firms and
authorized staff to request proposals from the short listed consulting
firms.
G. Engineering- Approve Change Order No. 3 – in the amount of $
135,911.88 for modification to the Midway Road and Glades Cut off
Road Intersection Improvements project- The Board approved and
authorized the Chairman to sign Change Order No. 3 for a total
amount of $5,315,514.76 to Community Asphalt Corp. for
modification to the plans.
H. Engineering- Jenkins Road Emergency Repair- Repair of water/sewer
line caused by a subcontractor in County right of way- The Board
approved establishing the project budget as outlined, approved and
sign Change Order No. 1 in the deductive amount of ($2751.00)
accepted the project and make Final Payment in the amount of
$47,249.00 to Johnson-Davis inc., for the Emergency Repairs to
Jenkins Road. The project has been completed.
I. Engineering- South Jenkins Road Extension Project – Reduction in
Retainage from 5 to 1 percent- The Board approved a reduction in the
retainage from 5 percent to 1 percent for the South Jenkins Road
extension project constructed by Ranger Construction Industries, Inc.
4. PUBLIC SAFETY
A. 800 MHz Radio System Antennas- The Board approved the purchase
of seventeen antennas for the 800 MHz radio system in the amount of
$33,689.00, also approved Equipment Request EQ05-351.
B. Purchase of a Smart Board, Howard Desktop with Monitor, three
Projectors and a projection screen- The Board approved the purchases
in the amount of $8,727.00 and approved Budget Amendment No.
BA05-169 and Equipment Request No. EQ05-34 EQ 05-349, EQ05-
350 and EQ 05-353.
5. MANAGEMENT AND BUDGET
A. Budget Resolution No. 05-294 in the amount of $38,544.00 for the
Law Enforcement Terrorism Prevention Program, Homeland Security
Grant program- The Board approved Budget Resolution No. 05-294
for retroactive approval to establish a FY05 budget for the Law
Enforcement Terrorism Prevention Program, Homeland Security Grant
funds.
B. Budget Resolution No. 05-297- The Board adopted Budget Resolution
No. 05-297 establishing the budget for the $12,715,000.00 State
Revenue Sharing Improvement Revenue Bonds Series 2005.
C. Adopt Budget Resolution No. 05-298- The Board adopted Budget
Resolution No. 05-298 establishing the budget for the $11,930,000.00
Sales Tax refunding and Improvement Revenue Bond Series 2005.
D. Request for Information Technology Budget Amendment- The Board
approve Budget Amendment No. 05-171 in the amount of $217,222.00
to increase the Information Technology court related technology
portion of the State Attorney’s FY2004-05 budget.
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6. PARKS AND RECREATION
A. Adopt Budget Resolution No. 05-293 to establish the budget for the
“Tennis in the Parks” Grant- The Board adopted Budget Resolution
No. 05-293 carrying forward the leftover $1,545.00 from the grant to
FY05.
B. USA Tennis- Florida Grant acceptance and approval of Budget
Resolution No. 05-292- The Board approved Budget Resolution No.
05-292 and accepted the grant from USA Tennis Florida in the amount
of $1,000.
C. Tennis Professional- This item was pulled
7. ADMINISTRATION
A. Approval of Professional Fees- The Board approved Budget
Amendment No. 05-168 for payment to James C. Nicholas for
professional fees relating to the Reformatting of Impact Fees in the
amount of $10,107.50.
B. Contractors Licensing Board Re-appointment- The Board approved
the reappointment of Mr. Doug Davis to the Contractor’s Licensing
Board for the term of July 2005 thru July 2009.
C. Contractors Licensing Board Re-appointment- The Board approved
the reappointment of Mr. Fred Rohrbough to the Contractor’s
Licensing Board for the term of July 2005 thru July 2009.
D. Contractors Licensing Board Re-appointment- The Board approved
the reappointment of Mr. John Langel to the Contractor’s Licensing
Board for the term of July 2005 thru 2009.
E. Annual Fire Control Report- The Board accepted the Annual Fire
Control Report from the State Division of Forestry.
8. UTILITIES
Work Authorization with Mastellar & Moler, Inc.- The Board approved the Work
Authorization in the amount of $112,435.00 for engineering services for the extension of
a 16” force main from US # 1 North of Taylor Creek South to the Ft. Pierce Utilities Lift
station at Indian River Drive and Backus Avenue.
9. PURCHASING
A. First Amendment to Contract No. C04-07-352 with Treasure Coast
Courier Services, Inc.,- The Board approved the first amendment to
the contract with Treasure Coast Courier Services, Inc., for Courier
Services and authorized the Chairman to sign the amendment as
prepared by the County Attorney.
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B. Fifth Amendment to Contract No. C02-10-024 with 1 Fire & Security
- The Board approved the Fifth Amendment to Contract C02-10-024
and authorized the Chairman to sign the amendment as prepared by the
County Attorney.
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C. Second Extension to Contract No. C03-09-681 with Gerelcom, Inc.,
for installation of premise distribution wiring- The Board approved
the second extension to the contract with Gerelcom and authorized the
Chairman to sign the extension as prepared by the County Attorney.
D. Second Extension to Contract No. C02-10-084 with Life Safety
Systems, Inc., for Fire Sprinkler System Inspection Testing &b
Maintenance at County facilities- The Board approved the second
extension to contract C02-10-084 and authorized the Chairman to sign
the extension as prepared by the County Attorney.
E. Second Extension to the contracts with the firms listed on the attached
Bid Award Form for Demolition Services- The Board approved the
second extension to the contracts with DPC General Contractors, Inc.,
General Mechanical Corp., John O’Connell Demolitions, and L.E.B.
Demolition & Consulting Contractors Inc., for demolition services and
authorized the Chairman to sign the extensions as prepared by the
County Attorney.
F. First Extension to Contract C02-07-573 with Cintas Corp.- The Board
approved the First Extension to the contract with Cintas Corp., for
rental of uniforms, floor protection mat rental and shop towel rental
and authorized the Chairman to sign the extension as prepared by the
County Attorney.
G. Second Amendment to Contract No. C03-09-548- with Tri-Brothers
Tree & Landscaping, Inc.,- The Board approved the second
amendment to the contract and authorized the Chairman to sign the
amendment as prepared by the County Attorney.
H. First Addendum to Contract C05-05-293- with Professional
Concessions, Inc.- The Board approved the first addendum to contract
C05-05-293 with Professional Concessions, Inc., and authorized the
Chairman to sign the addendum as prepared by the County Attorney.
10. CENTRAL SERVICES
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A. Demolition of Sloan property located at 119S. 10 St.- The Board
approved the demolition of the Sloan House and upon completion
hand over the property to Community Services for use by the SHIP
program.
B. Approval to discontinue Contract No. C01-09-590 with BGA, Inc.
Annual M & V Report for Performance Contracting Project- The
Board approved to discontinue the Annual M & V Report for
Performance Contracting Project, Contract No. C01-09-950, BGA
Inc., and authorized the Chairman to sign the Termination Agreement,
as prepared by the County Attorney.
C. Permission to go out for Bid- Clerk of Court Building (Old
Courthouse) Phase II- The Board approved going out for bid for the
Clerk of Court (Old Courthouse) for complete demolition of the
interior and abatement of hazardous materials.
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D. Approval to accept and negotiate with low bidder- Dickerson Florida
for construction of the Clerk of Court office building parking lot-
THIS ITEM WAS PULLED.
E. Amendment No. 1 to Contract No. C03-08-520 Edlund Dritenbas
Binkley Architects- Re-Bidding New Clerk of Courts Building Phase
II- The Board approved Amendment No. 1 to Contract No. C03-08-
520 for Architectural Services in the amount of $24,688.00 to rebid the
construction of the New Clerk of Court Building Project and
authorized the Chairman to sign the amendment as prepared by the
County Attorney.
11. COMMUNITY SERVICES
A. Appointment of additional members to the Attainable Workforce
Housing Task Force Board- The Board approved the appointment of
the following additional members: Tony Philpart, President, Sunrise
City Community Housing Development Organization, Randy Berry,
Royal Wall Systems .
B. Request for Board approval- The Board authorized the Chairman to
sign Budget Resolution No. 05-295 and the Subgrant Agreement with
Council on Aging for the implementation of a Rural Capital Assistance
Support grant.
C. Permission to advertise RFP- The Board granted permission to
advertise for an RFP to solicit proposals for a workforce housing
development and develop in conjunction with Hurricane Housing
Recovery Fund.
REGULAR AGENDA (1-462)
5. GROWTH MANAGEMENT
A. Consider the petition of Matthew Nyberg for a waiver from the requirements
of Section 7.05.07 of the St. Lucie County Land Development Code for the
project to be known as Christensen Farms Subdivision for property located on
the west side of Christensen Road, approximately 0.30 miles south of West
Midway Road- Consider staff recommendation to continue to public hearing
to the August 16, 2005 Board meeting.
The County Engineer advised the Board he has met with the petitioner and they have
agreed that he would provide to the County a sign and sealed engineers report of the
construction he has performed on Christiansen Road and the County would use their
model to evaluate the cost of the improvements.
The Board members advised those present of their contact with the petitioner (Quasi-
Judicial).
It was moved by Com. Coward, seconded by Com. Lewis, to approve staff
recommendation;
At this time Com. Lewis withdrew her second and requested discussion.
Com. Lewis stated her concerns of certain bank requirements needed before the end of
the month for the petitioner and felt they could proceed if the one thing needed was to
look at the dollar value of the improvements.
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Com. Coward stated he was disappointed in not having the figures needed however, at
this stage we have a process to find and it may be in the best interest to wait until the
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figures are obtained. He is comfortable with staff recommendation to wait until the 16
and then move forward at that time.
Com. Hutchinson stated she was not sure why they were waiting. At a prior meeting
there was a figure on his fair share contribution and does not understand why the wait.
The Road and Bridge Manager stated they have not received the sign and sealed
engineers report cost of the actual improvements that have been done. The prior figure
alluded to, was the applicants fair share without taking into account the credit the
applicant requested at the last Board meeting.
Com. Lewis questioned if staff had determined there would be a credit.
The Road and Bridge Manager stated they were still struggling with this issue. They
need the information the Engineer will be providing, what is the additional that would
need to be done for those four lots other than what he would have to do for the one. This
is the reason for the request to continue.
Com. Coward stated they may need to have more discussion when the Engineers report
comes back..
The County Engineer stated the situation was more complicated since there was a culvert
installed at canal 103 and they need to inspect it to see if it meets county standards.
There is an inspector there today and he is waiting for the report.
Com. Coward stated his motion remained to continue on August 16, 2005, at 6:00 p.m.
or as soon thereafter, seconded by Com. Lewis, and; upon roll call, motion carried
unanimously.
(1-974)
B. Consider Brantley Schirard’s request for a waiver of the paving requirements
for an internal roadway in a new subdivision known as Schirard Estates
Subdivision Phase 1 located on the east side of Pulitzer Road and 1 mile south
of Orange Avenue- Consider staff recommendation to approve the requested
waiver with the following conditions:
1. Should the County establish an MSBU for the future paving for Pulitzer
Road and inclusive of he Schirard deeded extension, all lot owners within
the Schirard Estates Plat shall participate at the then established fair share
contribution and shall be considered “yes” votes for the establishment of
the MSBU. These costs would include, but not limited to design,
permitting and construction and any other costs associated with this
improvement.
2. In lieu of making a cash contribution to the paving of Pulitzer Road, the
developer shall enter into an agreement in a form acceptable to the County
Attorney to allow the County to use existing ponds for surface water
drainage associated with Pulitzer Road at such time as Pulitzer Road is
paved.
Com. Coward stated condition one does not clarify between the internal and external
roads and it should be clear.
Mr. Mike Brillhart, Growth Management stated he is correct, the MSBU would be
established only for Pulitzer Road in conjunction with the waiver for the paving
requirement for the internal roadway that would service upwards of 3 lots.
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The County Attorney stated this was different due to the fact the county does not do
MSBU for paving of private roads only for public roads. The County does not assist in
private roads nor maintain the private roads. This would be the responsibility of the
developers or landowners themselves. Pulitzer is a public road and this is the one they
are concerned about and this is why the MSBU was noted. The property owners will be
paving the internal road system and would be included on the Plat.
Com. Coward stated this language should be included as one of the conditions.
The County Attorney concurred.
Com. Coward questioned condition two and the additional contribution from the land-
owner for surface water if Pulitzer Road were to be improved and they needed capacity
for drainage. Capacity is not actually stated in this condition.
The County Engineer stated it be more beneficial if they could determine the capacity,
however, they would need a detailed study of the ground and they do not have that
information at this time.
Mr. Paul Scholl, Ft. Pierce resident, does not have objection to project, but would like to
know how the MSBU would be implemented and if stating a “yes” vote is sufficient to
bind the lot owner to this agreement.
The County Attorney advised Mr. Scholl of the process for an MSBU and stated the
people who buy the property would in essence agree to the petition to pave Pulizter Road
and it would be included in the Plat so that anyone buying the land would know up front
that is a potential possibility and this would include the paving of the internal roads also
noted on the Plat for the homeowner to be aware of these conditions up front. This does
not end the process it only gets it started. The process continues i.e. public hearings and
then the Board would need to vote “yes” on the MSBU creation.
Mr. Brant Schirard, petitioner, addressed the Board regarding these issues and stated they
are working diligently and working with the neighbors to the north regarding Pulitzer
Road. He would place deed restrictions on the property to address any of these issues.
It was moved by Com. Coward, seconded by Com. Lewis, to approve staff
recommendation to include the conditions adding the deed restrictions requiring the
internal roads if the MSBU was done for Pulitzer Road, and; upon roll call, motion
carried unanimously.
6. GROWTH MANAGEMENT (1-1677)
Request of Matthew Nyberg for final plat approval for the project known as Christensen
Farms Subdivision. The project is located on property on the west side of Christensen
Road- Consider staff recommendation to continue this hearing on August 16, 2005 at
6:00 p.m. or as soon thereafter.
It was moved by Com. Coward, seconded by Com. Lewis, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
7. GROWTH MANAGEMENT (1-1686)
Request o Palm Breezes Club, LLC for final plat approval for the Palm Breezes Club-
Planned Unit Development- Consider staff recommendation to approve the draft
Subdivision Improvement Agreement in regard to the Palm Breeze Club- Planned Unit
Development and authorize that the final plats for this subdivision be recorded upon the
execution of this agreement, but no later than 50 days from this Board’s action. If final
execution of this agreement is not completed by September 15, 2005, reauthorization of
this action shall be required.
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It was moved by Com. Lewis, seconded by Com. Coward, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
8. COUNTY ATTORNEY (1-1739)
North Indrio Savannas- Resolution No. 05-181- Consider staff recommendation to adopt
Resolution No. 05-181 and authorize the Chairman to sign the Resolution.
Staff advised the Board of the corrections to the account numbers.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05-
181, and; upon roll call, motion carried unanimously.
9. PUBLIC WORKS (1-2666)
Resolution No. 05-275- Authorize the acceptance of he South Florida Water Management
District Local Government Agreement No. OT050699 by the St. Lucie County Board of
County Commissioners for Paradise Park Storm Water Improvement Project –Phase I
and Phase II - Consider staff recommendation to sign Resolution No. 05-275 to accept
and expend the funds from the South Water Management District, Local Governmental
Agreement No. OT 050699 in the amount of $224,596.00 for Paradise Park Storm Water
Improvement Project.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05-
275, and; upon roll call, motion carried unanimously.
10. PUBLIC WORKS (1-2697)
Resolution No. 05-274 – Authorize the acceptance of the South Florida Water
Management District Local Governmental Agreement No. OT050698 by the St. Lucie
County BCC for Harmony Heights Storm Water Improvement Project-Phase 1 –
Consider staff recommendation to sign the South Florida Water Management District,
Local Governmental Agreement No. OT050698 to accept the funding of $336,780.00 for
Harmony Heights Storm Water Improvement Project Phase I.
It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 05-
274, and; upon roll call, motion carried unanimously.
11. ADMINISTRATION- This item to be re-scheduled. Commissioners Board
updates.
There being no further business to be brought before the Board, the meeting was
adjourned.
______________________________
Chairman
______________________________
Clerk of Circuit Court
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