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HomeMy WebLinkAboutBOCC Minutes 06-28-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 28, 2005 Convened: 9:00 a.m. Tape: 1-3 Adjourned: 12:54 p.m. Commissioner Present: Chairperson, Frannie Hutchinson, Doug Coward, Paula A. Lewis, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mike Bowers, Utilities Director, Beth Ryder, Community Services Director, David Kelly, Planning Manager, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the special meeting held June 13, 2005 and the regular meeting held on June 14, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 05-238- Commending Dr. Tim Gottawald for his outstanding service and national recognition as United States Department of Agriculture, Agricultural Research Service, “Distinguished Senior Research Scientist of the Year”. It was moved by Com. Lewis, seconded by Com. Craft to approve Resolution No. 05- 238, and; upon roll call, motion carried unanimously. B. Resolution No. 05-260 – Naming James Gibson “Ambassador of the Arts” and Proclaiming June 28, 2005 as “James Gibson Day” in St. Lucie County, Florida. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05- 260, and; upon roll call, motion carried unanimously. th C. Resolution No. 05-267- Recognizing July 1, 2005 as the 100 year anniversary of the establishment of St. Lucie County, Florida, and Proclaiming July 1, 2005 as St. Lucie County Day. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- 267, and; upon roll call, motion carried unanimously. D. Resolution No. 05-268- Honoring Imogene Griffis Vaughn on being one of the two oldest living St. Lucie County Natives being recognized th during the celebration of the 100 year Anniversary of the establishment of St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 268, and; upon roll call, motion carried unanimously. E. Resolution No. 05-269 Honoring Louise Summerlin Parker on being one of the two oldest living St. Lucie County natives being recognized th during the celebration of the 100 year anniversary of the establishment of St. Lucie County, Florida. 1 It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- 269, and; upon roll call, motion carried unanimously. F. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. Brantly Shirrard grove owner, thanked Dr. Gottawald for his services to the Agriculture industry. 4. CONSENT AGENDA (1-987) It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda with items C6B, C9F, C9H being pulled and item C13B placed on the regular agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 38 and 39. 2. COUNTY ATTORNEY A. Resolution No. 05-256- Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-257 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-256 and Resolution No. 05-257. B. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 19766 dated October 1, 2003- The Board authorized the Chairman to sign the attached Partial Release of Lien. C. Donation of Right of Way- Denuzzio Investment Group, LLC- 3 feet on Cayuga Avenue and 30 feet on St. Lucie Blvd., San Lucie Plaza- Resolution No. 05-258- The Board accepted the Warranty Deed, authorized the Chairman to sign Resolution No. 05-258 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. rd D. Weekend Work Program – 3 Amendment to March 4, 1997 Interlocal rd Agreement with the Sheriff- The Board approved the proposed 3 Amendment to the March 4, 1977 Interlocal Agreement with the Sheriff and authorize the Chairman to sign the Agreement. E. Parcel 22 at PGA Village- Subdivision Improvement Agreement- The Board approved the Subdivision Improvement and authorized the Chairman to sign the Agreement. Com. Smith had requested the opportunity to review the annual reports from Kolter before taking action. The County Administrator stated the 2003 report has been received as of a week ago and the other should be received this week. Com. Coward questioned if this was related to the hotel discussed Previously. Staff advised the Board this was a totally separate subdivision. Com. Coward stated there were some issues that needed to be resolved and he concurred with Com. Smith but felt it may not be necessary to hold this issue back since it has gone through considerable review and 2 is in its very last stage. He is not sure he agrees with pulling this item but does recognize his sentiments. Com. Smith stated he believed this item had been before the Board previously and no one has come forward to speak to the Board on the concerns. The Planning Manager stated this issue had not been before the Board previously or been pulled. The Chairperson of the Board asked staff to draft a letter for her signature requesting a representative come in and meet with each of the Board members to discuss concerns. The County Attorney stated he spoke with Mr. Sapo and will be scheduling a meeting with the developer representatives and the homeowner representative and staff. F. Permission to File Suit against Kim L. Glynn and Cheryl Couch Austin- The Board granted permission to allow the County Attorney to file suit against Kim L. Glynn and Cheryl Couch Austin to require the removal of junk, trash, debris and the removal or repair of the structurally unsound fence on the property described above. G. Platt’s Creek Stormwater Improvement Project- FPL Company Easement- The Board approved the Utility Easement in favor of FPL Company, authorized the Chairman to execute the Easement and directed staff to record the Easement in the Public Records of St. Lucie County, Florida. H. Permission to Advertise – Ordinance No. 05-14 Amending Occupational License Fees- The Board approved advertising proposed Ordinance No. 05-14 for public hearing on July 12, 2005 at 6:00 p.m. or as soon thereafter as it may be heard. I. Revocable License Agreement- Smithsonian Institute, on behalf of Smithsonian Marine Station of Fort Pierce- Saltwater Intake pipe at Ft. Pierce Inlet Park- The Board approved the revocable license agreement, authorized the Chairman to sign the Revocable License Agreement and directed the Smithsonian Institute to records the document in the Public Records of St. Lucie County, Florida. 3. MANAGEMENT AND BUDGET A. Approval for Health Department to purchase four trucks- The Board approved the use of $26,000 of the General Fund approved budget allocation for the St. Lucie County Health Department to purchase four vehicles and trade three vehicles and authorized the Chairman to sign all pertinent documents necessary. B. Adopt Budget Resolution No. 05-248 amending Budget Resolution No. 05-236 due to scrivener error- The Board adopted Budget Resolution No. 05-248. 4. PUBLIC SAFETY A. Savin 4035e copy machine with fax and printer/scan option (State of Florida IT Contract # 250-000-03-1- Approve Budget Amendment No. BA05-136 and Equipment Request No. EQ 05-339 (Savin copy machine 4035e $7,693, fax option $699.00 printer /scan option $1,622.00 for a total of $10,014.00. The Board approved Budget Amendment No. BA05-136 and Equipment Request EQ 05-339. 3 B. Five Dell Inspiron 6000D Laptops and Microsoft Windows XP Approved Budget Amendment No. BA05-159 and Equipment Request No. EQ05-340 (Five Laptops, Five Microsoft Window XP license for a total of $8,842.00. The Board approved Budget Amendment No. BAS05-159 and Equipment Request No. EQ05-340. C. Certificate of Public Convenience and Necessity – Renewal of St. Lucie County Fire District, Class A CON- The Board approved the Emergency Services Advisory Committee’s recommendation that the Board approve the renewal of St. Lucie Fire District for a Class A CON. D. Certificate of Public Convenience and Necessity- Renewal of Lifeline Medical Services, Inc., Class B & F CON- The Board approved the Emergency Medical Services Advisory Committee recommendation that the Board approve the renewal of Lifeline Medical Services, Inc., for a Class B & F CON. E. Certificate of Public Convenience and Necessity- Renewal of All County Ambulance, Class B & F CON - The Board approved the Emergency Medical Services Advisory Committee’s recommendation that the Board approve the renewal of All County Ambulance for a Class B & F CON. 5. CENTRAL SERVICES A. Change Order No. 1- Contract No. C04-05-253- H & J Contracting- Ancient Oaks Park (Weldon B. Lewis Park) - The Board approved Change Order No. 1 to Contract No. C04-05-253 in the amount of $29,451.20 and authorize the Chair to sign the Change Order as prepared by the County Attorney. B. Purchase of an Infrared Camera for monitoring and diagnosing the condition of buildings- The Board approved Equipment Request No. EQ05-341 . C. Edlund Dritenbas Binkley Architects- C03-08-520 – New Clerk of Court Building Phase II Change Order No. 1- The Board approved Change Order No. 1 to Contract No. C03-08-520 Edlund Dritenbas Binkley to increase the contract sum $2,188.75 for the new Clerk of Court generator room and authorized the Chairman to sign the Change Order as prepared by the County Attorney. D. Florida Boating Improvement Program Request from the City of Port St. Lucie for reimbursement of FBIP funds with completion of the “Boating Access Study”- The Board approved the request from the City of Port St. Lucie to reimburse $22,000 utilizing Florida Boating Improvement Funds as described in Article 1 of the Interlocal Agreement. 6. ADMINISTRATION A. St. Lucie County Cultural Affairs Board Vacancy- The Board ratified the at large appoint of Leland Carpenter to the Cultural Affairs Council retroactive to April 2005. B. This item was pulled. C. Environmental Control Hearing Board- The Board ratified the appointment of Steve Marquart as the Treasure Coast Chapter of Florida Engineering Society Appointment to the Environmental Hearing Board. 4 7. PUBLIC WORKS A. Engineering Division – Amendment 2 – The Board approved Amendment No. 2 to the agreement with Kimley Horn and Associates, Inc. in the amount of $6,641.00 for the preparation, attendance, and participation associated with the Lennard Road PD&E Study Workshop on August 1, 2005 and authorized the Chairman to sign. B. In an effort to balance the Fiscal Year 2006 Public Works Engineering Budget, staff requested Board approval to move approved Capital Projects to different funding sources- The Board approved moving projects in the amount of $1,547,756.00 to Road Impact Fees and th move projects in the amount of $1,418,201.00 to the Local Options 5 Cent Capital Fund in an effort to provide for operation funding and balance the FY 2006 Public Works Engineering Budget. C. Road and Bridge Division- Award Bid - The Board approved awarding Bid No. 05-051 Indrio Road/U.S. 1 Intersection Improvements project, to Community Asphalt Corp., the lowest bidder, in the amount of $790,496.25, establish the project budget as outlined in the attached memorandum, and authorized the Chairman to sign the contract as prepared by the County Attorney. The Board also approved using Impact Fees to fund $626,370.00 of this project. D. Engineering- First Amendment to Work Authorization No. 1- The Board approved Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer Singleton & Assoc., for additional services on Prima Vista Baffle Box in the amount of $4,832.00 and authorized the Chairman to sign. E. Solid Waste Division- The Board approved the June 13. 2005 proposal from CDM for engineering services to assist St. Lucie County with the expansion of the Solid Waste Bailing & Recycling Facility for design and permitting. F. Solid Waste Division- The Board approved the June 13, 2005 proposal from CDM for engineering services to assist St. Lucie County with the overall landfill gas system management including management of the existing Phase I and II landfill systems, leachate dewatering activities, gas systems compliance monitoring and Phase III gas system design for a lump sum of $495,370.00. G. Solid Waste Division- The Board approved the Non Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreement for Rolling Rock Excavation Company, Inc., and authorized the Chairman to execute. H. Solid Waste Division- The Board approved increasing the Solid Waste Baling & Recycling Cash Drawer and Cash Change Bag Fund from $650.00 to $1,000.00. I. Environmental Resource Division- The Board approved Budget Resolution No. 05-265 in the amount of $50,000 to establish a budget for these funds in FY 2005. J. Engineering- The Board approved the Locally Funded Agreement between St. Lucie County and the FDOT for the County’s participation of $691,323.82 for the Indian River Lagoon Trace 5 Shared Use Path along SRA1A and approved Resolution No. 05-262 and authorized the Chairman to sign. 8. PARKS AND RECREATION A. Children’s Services Council Grant ($14,400.00) for Summer Programs and Resolution No. 05-254- The Board approved Budget Resolution No. 05-254 to accept the $14,400.00 grant from the Children’s Services Council of St. Lucie County for Summer Camp Programs 2005. B. Removable Floor Covering for the Adams Ranch Arena- Bid No. 05-065 and Equipment Request No. EQ 05-342- The Board approved awarding bid 05-065 to Signature Flooring, the only responsible bidder in the amount of $17,370.00 approved the equipment request 05-342 for a total amount of $21,825.00 and authorized the Chairman to sign the contract as drafted by the County Attorney. 9. PURCHASING A. Permission to advertise – The Board approved advertising and Invitation for Bid for Baling Wire. B. Permission to advertise- The Board approved advertising for Bid for Generator Preventative Maintenance, Service Inspections and Load Bank Testing. C. Award of RFP 05-041- The Board approved awarding RFP 05-041 Juvenile Assessment Center Service Expansion Pilot Program to Human Services Associates, Inc., for a total 18 month cost of $462,546.00 and granted permission for the Chairman to sign the contract as prepared by the County Attorney. D. Approval of Hurricane Related Purchases- The Board approved the list of Hurricane related purchases. E. Bid No. 05-064 Purchase and Installation of Tensioned Fabric Structure- The Board approved awarding Bid No. 05-064 to purchase and install a tensioned fabric structure to the lowest responsive bidder, Shelter Structures, Inc., for a total amount of $29,830.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. F. Award of RFP 05-040 Concession Services – This item was pulled. G. Permission to advertise- The Board approved advertising and Invitation for Bid for resurfacing the rubberized track at Lawnwood Stadium. H. Work Authorization No. 7.for contract Co3-02-235- This item was pulled. 10. CULTURAL AFFAIRS A. Sponsorship of Centennial exhibit at St. Lucie County Historical Museum- The Board approved the agreement proposed by the Scripps Treasure Coast Newspaper to be the exclusive sponsor of the Centennial Exhibit at the St. Lucie County Historical Museum and accepted the in-kind advertising donation valued at $10,800.00. 6 B. Historical Museum Sidewalk- The Board approved the construction of a sidewalk on the west side of the Historical Museum that will serve as an outdoor museum exhibit area highlighting the County boat building heritage and approved the $30,000 budget for the project and also granted permission to advertise for bids. 11. AIRPORT A. Drainage Basins E and F1Development Area at the St. Lucie County International Airport (Scribner’s Error June 14, 2005 Agenda) – The Board approved the correction to the fund numbers for Kimley Horn’s scope of services and work authorization no. 16 for conceptual planning and drainage design for drainage basins E and F1 development area at St. Lucie County International Airport in the amount of $40,712.00. B. Budget Amendment Bellsouth Telephone Equipment- The Board approved the supplemental budget amendment in the amount of $1,492..75 for the purchase of Bellsouth telephone equipment for a total amount of $5,963.75 for the St. Lucie County International Airport. C. United States Customs & Border Protection General Aviation Facility Design Modification- The Board approved PBS&J’s work authorization number 9 in the amount of $15,120.00 for the U.S. Customs & Border Protection Building Design Modifications to meet federal requirements at the St. Lucie County International Airport. D. Airfield Lighting Rehab- The Board approved Work Authorization No. 10 for $49,767.00 with PBS&J for Construction Management and RPR Services to support the remaining construction of the Airfield Lighting Rehab Project at the St. Lucie County International Airport. 12. GRANTS Authorize submittal of grant application to the Florida Dept. of Agriculture and consumer Services- The Board approved the submittal of the grant application, acceptance of the grant if it is awarded, and approved Resolution No. 05-255 to authorize St. Lucie County to enter into an Urban and Community Forestry Grant Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services Division of Forestry. 13. SHERIFF A. Forensic Mental Health Contract with Prison Health Services- The Board approved the Sheriff’s budget amendment and transfer of funds in the amount of $110,256.06. B. This item was placed on the regular agenda. C. Law Enforcement Impact Fees- The Board approved the Sheriff’s Amendment and transfer of fund in the amount of $336,250.00. 14. INVESTMENT FOR THE FUTURE Allocation of additional funds- The Board approved additional funding in the amount of $48,170.00 for the Walton Road Annex project. 15. COMMUNITY SERVICES 7 Permission to advertise an RFP for Community Development Block Grant Housing Rehabilitation projects- The Board authorized advertising an RFP for Community Development Block Grant Housing Rehab projects. 16. INFORMATION TECHNOLOGY A. Approval to purchase replacement electrical supply system due to the existing system reaching the end of service lift, EOSL and parts no longer available. The Board approved the purchase of the replacement UPS and Banner Backup Server equipment at a total purchase of $116,518.07 out of the Sun Trust fund balance. B. Approval to extend the County’s existing Bellsouth contract for Internet Service for an additional 36 months- The Board approved the request to extend the County’s existing Bellsouth contract for an additional 36 months. 17. UTILITIES Staff requested permission to advertise and provide notice to customers for a Public Hearing to consider the proposed consolidated utility Rate Tariffs- The Board approved advertising and to provide notice to customers for a Public Hearing on August 2, 2005 to consider the proposed consolidated utilities Rate Tariffs in conjunction with the proposed consolidation of the North Hutchinson Island, North County, H.E.W. Lakewood Park and the Airport County Utility Districts. REGULAR AGENDA 5A. GROWTH MANAGEMENT (1-1415) Consider Brantley Shirrard’s request for a waiver of the paving requirements for an internal roadway in a new subdivision located east of Pulitzer Road and 1 mile south of Orange Avenue- Consider staff recommendation to approve the requested waiver with the condition that would require the lot owners, at the time that Pulitzer Road is paved, to bear all costs associated with paving this internal road. These costs would include, but not be limited to design, permitting and construction and any other costs associated with this improvement. Likewise the developer shall escrow funds for their fair share contribution to the paving of Pulitzer Road. All members of the Board disclosed having contact with the applicant (Quasi Judicial). Com. Coward stated his concerns with this request setting a precedent. Mr. Shirrard submitted his comments and request to the Board (attached). Com. Craft questioned the amount to be placed in escrow. The Planning Manager stated he had spoken with Public Works and the cost could not be determined at this time since they have not done the estimates which would be predicated on the design and right of way acquisitions. Com. Smith questioned if the Board is able to do deed restrictions on the property. The County Attorney stated the deed restriction would need to be imposed by the property owner. Com. Hutchinson stated it was her understanding that even if a deed restriction was imposed the county could not enforce it. 8 Com. Lewis stated she does not see the reason to require the internal road be paved. She does not have a problem leaving this road unpaved, however the external road is another issue. Com. Coward stated he did not think this is a site specific issue and believes this would have an impact of about 200,000 acres of the western part of the county. Com Craft stated his concern is not having a cost on what would be placed in escrow and was not comfortable with approving this without some security. It was moved by Com. Lewis, to approve the requested waiver with the condition it be placed on the plat at whatever time Pulitzer is done and the internal road would be paved at their cost and if an MSBU is proposed for Pulitzer Road they be required to participate, minus the escrow provision for Pulitzer Road (at this time Com. Hutchinson passed the gavel to the Vice Chairman) seconded by Com. Hutchinson, and; upon roll call, the vote was as follows: Ayes: Lewis, Hutchinson, Nay’s: Smith, Craft, Coward, motion denied by a vote of 3 to 2. Com. Craft stated he would like to have a hard number to look it. The property owners need have an idea of the costs and this is why he did not support the motion. He requested staff come back with a hard number in the future. Com. Smith suggested maybe another type of contribution would be amenable such as schools, parks or other issues the county may have. Com. Lewis stated she believed these types of contributions would be made on the impact. The County Attorney suggested discussing with the applicant a number and come up with a recommendation with a fair share contribution in addition to the plat language that would require an M.S.B.U. The County Attorney stated one of the problems they have with these types of project is with the drainage. He suggested some contribution be made towards the drainage improvement this would be working towards a paved road. Com. Coward suggested carving out some acreage for pond sites. Com. Craft recommended Mr. Shirrard go back and meet with staff and if there is something with the drainage improvement that can be done and Mr. Shirrard agrees, it can then come back to the Board. Com. Coward stated he can assure that he would not vote for any modification unless there is a minimum fair share contribution from the developer. Mr. Shirrard stated they would be willing to look at this when Pulitzer Road and its extension is paved whenever this may be and no one really knows when this would be then they would be willing to commit. Com. Craft requested the property owner see the number (cost) before they commit. It was the consensus of the Board to request the Public Works staff meet with Mr. Shirrard and come up with some type of fair share contribution taking into account the right of way dedication that has been done and all the other factors Mr. Shirrard has requested and come back to the Board if a compromise is achieved. 5B. GROWTH MANAGEMENT (2-1167) Consider the petition of Matt Nyberg for a waive 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 9 Road, staff recommends denial of the request for a waiver of Section 7.05.07 of the St. Lucie County Land Development Code. Mr. Nyberg, applicant, addressed the Board and stated he felt he could have the waiver due to the fact the Code states it was permissible because the road paving was not essential to provide adequate access to proposed development. It is outside the urban service district and he is on well and septic and is a small traffic generator. The Planning Manager stated this was well within the urban service boundary. Com. Coward stated they may be mixing up service issues which is what he may be referring to and not the urban service boundary. Mr. Nyberg stated he felt he deserved a credit for all the money he has already invested improving the county right of way. There are no plans to pave Christensen Road and those in the area do not want is paved and prefer it stay rural. He has provided everything the County has required for him to do. He has over $65,000 in costs. This is as dead end road . He felt it was not fair that he be requested to pay $48,000 when he has already paid $65,000 and felt it was a wash. Com. Coward stated Christensen Road is not going to be a private road, it will be a public road. He stated he concurred with staff and is not in support of the waiver, but is in support of the accounting improvement made by applicant. The County Attorney stated any fair share contribution would be taken into account should an MSBU be created. The Road and Bridge Manager stated today was the first time he had heard anything about a credit being requested by the applicant. After continued discussion, the Board directed staff to meet with Mr. Nyberg to discuss fair share contribution and suggested this issue be continued on July 26, 2005. It was moved by Com. Coward, seconded by Com. Craft to continue this item on July 26, 2005 at 9:00 a.m. or as soon thereafter as possible, and; upon roll call, motion carried unanimously. 5C- Request of Matthew Nyberg for final plat approval for the project to be known as Christensen Farms Subdivision - This item was deferred until July 26, 2005. 6. PUBLIC WORKS (2-2238) th Engineering Division SR 615-S. 25 St.- Roadway widening Midway Road –Edwards Road- Work Authorization No. 1 with Kimley Horn And Associates, Inc., to provide construction engineering and inspection - Consider staff recommendation to approve Work Authorization No. 1 with Kimley Horn Associates, Inc., in the amount of th $1,635,290.00 to provide construction engineering and inspection for the S. 25 St Roadway Widening Project and authorize the Chairman to sign. It was moved by Com. Coward, seconded by Com. Lewis, to approve work authorization No. 1 and authorized the Chairman to sign, and; upon roll call, motion carried unanimously. 7. PUBLIC WORKS th Engineering Division SR 615 S. 25 St. Midway Road – Edwards Road Widening Project- Work Authorization No. 16- with Dunkleberger Engineering & Testing Inc., to provide geotechnical testing services in the amount of $20,000.00. 10 It was moved by Com. Craft, seconded by Com. Lewis, to approve Work Authorization No. 16 and authorized the Chairman to sign, and; upon roll call, motion carried unanimously. 8. PUBLIC WORKS Engineering Division- Consider staff recommendation to award Bid No. 05-057, State th Road No.615 (25 St., ) to Dickerson Florida Inc., in the amount of $18,457,554.79 to establish the project budget including a 10% contingency in the amount of $20,303,311.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. It was moved by Com. Craft, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. 9. STRATEGY & SPECIAL PROJECT Applicant’s formal request for a reduction in the application fees for the proposed Adams Ranch “Rural Land Stewardship” comprehensive plan amendment. Com. Coward stated he was in support and asked what was the cost needed to cover staffing and asked if the $13,200 suggested base fee was enough to cover these costs. Staff stated it would be enough to cover the initial application, determination of concurrency and the comp plan amendment. Com Coward asked if this was enough to cover the cost also of any expertise needed. Staff responded yes. It was moved by Com. Craft, seconded by Con. Lewis to accept the adjusted fees to cover the costs in the amount of $13,200 ( base fee schedule shall be brought back in resolution form for Board approval); and, upon roll call, motion carried unanimously. 10. ADMINISTRATION Cultural Affairs Council currently has one vacant appointment. Consider staff recommendation to select one at large appointment from the candidates submitted. Upon tally of the vote, Mr. Jon Ward was appointed 5-0. 11. ADMINISTRATION Opening of Pod 1 at the Jail- Consider recommendation from the Citizen’s Budget committee and staff to open Pod 1 for County inmates upon completion. The County Administrator stated there are 3 things being worked on for implementation per the study. Com. Coward stated there are many more improvements, which are being worked on internally and he felt they have not received the information as yet. Com. Craft commented on there being fewer inmates at this time comparing to this time last year. Chief Wilson stated this is true however, it does not change the fact they are still 400+ over capacity today. Com. Craft stated they are 100 less than last year at this time and stated maybe they could delay this for 6 months until more programs are implemented and get over the deficit and 11 maybe utilize the pod for federal inmates. He believes if this pod is opened they will not move as efficiently and as quickly as they can. Chief Wilson stated he did not believe these programs could come on line quick enough to make an impact on the 400 people that are over the population of the current jail. Com. Hutchinson asked if they can verify how many inmate bunks are at the current jail. Chief Wilson stated there were 969 bunks, however the jail was built to standard and infrastructure at 756. Com. Smith stated his concern was that he was having a problem telling the taxpayers they were opening a pod in order for inmates to “stretch their legs”. He stated he understood it was a difficult job and thanked them for working with the Board to attempt to move this forward. Com. Lewis stated she did not believe this was a comfort issue, but a safety issue. The studies indicated there is friction increase, anger and frustration when living organisms are in a close proximity and felt this is a safety issue for the correction officers as well and believes they need to go ahead with opening pod 1. Com. Craft stated he would concur with Com. Lewis if the numbers had increase even slightly from last year. He does not believe they will reach the number indicated by the Sheriff’s office by September. He believes there will be great improvement when the new judges come on line. Com. Lewis stated she agreed strives are being made and believe more strides will be made, however, they cannot ignore the fact that there are 400+ bodies out there that do not have facilities available for them, even looking at the fact it is less than last year, there are 220 people sleeping in boats. We have the facility and the staff and need to open the pod. Chief Wilson stated the state dictates what needs to be provided as far as the space, the showers, toilets etc. and also the safe environment they are responsible to provide to those inmates awaiting trial and for the staff. Com. Coward stated he agreed with many comments from both sides, however to him there has been a capacity issue in place for some time and this is why he voted to build the facility. There have been improvements made but this does not diminish the fact they still have an over capacity problem that needs to be dealt with. They have made capital investment and an investment in staffing and have a capacity issue that will not soley be resolved by the Kalmanoff study in a short period. The study is a part of the long term solution but will not provide immediate resolution to the 400+ over capacity issue. The original idea was to build pod 1 for over capacity and pod 2 for federal inmates to bring in additional revenue to help pay for the improvements and he is still in support of that. Com. Hutchinson questioned if there was an idea as to when the recommendations would be implemented. The County Administrator stated the GPS system the proposals are in and will go to the Board in 6 weeks. The Coordinator position, interviews are scheduled for week after next (possible 6-8 weeks). The Judge from Washington to work on first appearances will be here a the end of the month and will be meeting with the judges, all this will take about 8-10 weeks . Com. Hutchinson stated she would be willing to wait until the end of October giving time for some of the study to be implemented and see some results. Her concern was opening the pod and never it being empty again. Chief Wilson stated he could not see why they would not move the 256 inmates to the new pod when they have everything in place to do so. 12 Com. Smith questioned if they are moving to get the jail back to the original 756. Chief Wilson stated their goal is to follow the model jail standards of Florida and the requirements and what the jail was built for. Com. Lewis stated the fact is the pressure of this end will remain and they funded pod 1 and have an issue of safety and there could be fines. She cannot see a Judge looking kindly at the County not utilizing space for the purpose it was built. She believes the study will help but will take time to implement. Com. Hutchinson suggested giving time to review the tape and asked if it could be th postponed until the 26. The County Administrator stated if it is delayed, they would not be able to order the equipment needed for the August 1 opening. Com. Craft stated he did not have a problem with this idea. Com. Coward stated the investments made for this facility were necessary and he does not believe they can soley rely on the Kalmonoff study without utilizing the investment made and recognizing the over crowing that exists. He believes it is in the best interest in the community and the staff at the jail and all things considered to move forward to opening pod 1 without delay and continue a steadfast on the implementation of the study and felt this could be accomplished. Chief Wilson stated that with no programs on line and the facility completed and not opening the pod, they would be leaving the Sheriff holding the bag. It was moved by Com. Smith, seconded by Com. Lewis to open pod 1 at our facility Com. Hutchinson requested a report brought back to the Board regarding the time frame of when the study recommendations will be implemented and a report to the Board, the Sheriff and the Court Advisory Board the progress in eliminating the numbers (quarterly), and; upon roll call, the vote was as follows: Nay: Hutchinson, Craft, Aye’s: Coward, Smith, Lewis, motion carried by a vote of 3 to 2. 12. COUNTY ATTORNEY Local Option Gas Tax Division of Proceeds Beginning September 1,2005- Consider staff recommendation that the Board determine whether to approve the annual re- determination set out in the memorandum and direct the County Attorney to notify the Department of Revenue of the re-determination by July 1, 2005. It was moved by Com. Craft seconded by Com. Coward, to approve the annual re- determination as set in the memorandum and direct the County Attorney to notify the Department of the re-determination by July 1, 2005, and; upon roll call, motion carried unanimously. 13. COUNTY ATTORNEY (3-1183) Utility Consolidation Ordinance No. 05-024- Consider staff recommendation to grant permission to advertise Ordinance No. 05-024. It was moved by Com. Craft, seconded by Com. Coward, to grant permission to advertise Ordinance No. 05-024, and; upon roll call, motion carried unanimously. 14. COUNTY ATTORNEY Educational Facilities Impact Fee- Ordinance No. 05-025 Permission to advertise- 13 It was moved by Com. Craft, seconded by Com. Smith, to approve Advertising Ordinance No. 05-025, and; upon roll call, motion carried unanimously. 15. COUNTY ATTORNEY (3-1626) TVC Amendment Schedule - Consider staff recommendation to approve the revised transmittal schedule and direct the County Attorney to revise the Agreement with TCRPC to provide for completion by January 31, 2006. It was moved by Com. Coward, seconded by Com. Craft to approve staff recommendation; and, upon roll call, motion carried unanimously. C13-B Start up equipment and supplies for Pod 1- Consider staff recommendation to approve the Sheriff’s budget amendment and transfer of funds in the amount of $47,033.00. It was moved by Com. Smith, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Hutchinson; Aye’s: Coward, Craft, Smith, Lewis; motion carried by a vote if 4 to 1. RA-1- COUNTY ATTORNEY Resolution No. 05-272- Acquisition of Land for Research and Education Center- Consider staff recommendation to approve Resolution No. 05-272 as drafted. It was moved by Com. Coward, seconded by Com. Craft to approve Resolution No. 05- 272, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. _____________________________ Chairman _______________________________ Clerk of Circuit Court 14