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HomeMy WebLinkAboutBOCC Minutes 06-07-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 7, 2005 Convened : 6:00 p.m. Tape: 1-2 Adjourned: 8:15 p.m. Commissioners 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, Heather Young, Asst. County Attorney, Don West, Public Works Director, Mike Bowers, Utilities Director, Ed Parker, Purchasing Director, Beth Ryder, Community Services Director, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held May 24, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Walton Road County Annex Building- Art in Public Places Project- Consider staff recommendation to approve the selection of Michael McLaughlin as sculptor for the Walton Road AIPP Project and approve the budgeted expenditure of $50,000. for the project and direct the Board Chairman to sign the contract. It was moved by Com. Craft, seconded by Com. Smith to approve staff recommendation, and; upon roll call, motion carried unanimously. B. County Administration Building- Art in Public Places Project- Consider staff recommendation to approve the selection of Brower Hatcher’s submission as the winner of the DEP Creative Uses of Recycling/ Administration Building sculpture competition and approve budget expenditure of $75,000. for the project and direct the Board Chairman to sign the contract. It was moved by Com. Lewis, seconded by Com. Smith to approve staff recommendation, and; upon roll call, motion carried unanimously. C. Presentation by the County Administrator of the Florida Preservation Award 2005 to St. Lucie County by the Florida Trust for Historic Preservation, Inc., in recognition of Outstanding Achievement in the field of Preservation Education/Media. D. The County Administrator read upcoming events scheduled. 3. GENERAL PUBLIC COMMENTS Mr. John Arena addressed the Board regarding the supply of electricity. Ms. Linda (unintelligible last name due to fuzzy tape), Indian River Drive resident, addressed the drainage on the Drive and stated there have been draining issues on the drive. She stated she did not agree with the county’s outlook regarding the responsibility of the drive repairs. 1 Ms. Stacy Johnson, Indian River Drive, addressed the editorial in the paper regarding the South Florida Water Management District and that no decision is the right decision. She felt it remains to be seen what happens with the armoring project. Mr. Mark Novak, Indian River Drive resident, addressed the Board regarding the stabilization project on the Drive and the problem on the drive with the culverts and the ponding. Mr. George Beckem, Indian River Drive resident addressed the culvert blowouts on the area where armoring had been completed. Mr. Zickory (Crispin?) (unintelligible last name) addressed the Board regarding the Governor’s Executive Order Number 04-240 signed into effect on November 10, 2004. He addressed the impact the hurricane had on the ability to find rental housing. He felt the homeowners were gouging on the rental prices increasing tremendously and asked the Board for their assistance in enforcing the regulation. The Assistant County Attorney stated she would look into the matter. 4. CONSENT AGENDA (1-1436) It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda, to include the addition CA-1, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 35 and 36. 2. COUNTY ATTORNEY A. Resolution No. 05-234- Extending the State of Emergency for Hurricane Frances and Resolution No. 05-235 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution Nos. 05-234 and 05-235. B. Revocable License Agreement- Accurate Septic Services, Inc.- The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Accurate Septic Service, Inc., to record the document in the Public Records of St. Lucie County, Florida. C. Temporary Special Needs Agreement- The Board approved the Interlocal Agreement ad authorized the Chairman to sign the Agreement. D. Revocable License Agreement- Paul Julin 2-wells in Drainage/Utility Easement- The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Paul Julin to record the document in the Public Records of St. Lucie County, Florida. E. Contract for Sale and Purchase – Indrio North Savanna- Mildred Jeanne Hearn, Trustee of the Mildred Jean Hearn Revocable Living Trust- The Board denied approval of the Contract for Sale and Purchase with Mildred Jeanne Hearn based on title issue that will require suit to clear title. 3. COMMUNITY SERVICES Permission to Advertise- The Board granted permission to advertise for a RFP for the administration of the Florida Housing Finance Corporation Disaster Relief HOME Again Assistance Program. 2 4. GRANTS A. The Board authorized the priority ranking of five separate grant request submitted to the FIND as follows: 1) River Park Marina ($200,000) 2) Indrio Blueway ($20,000) 3) Ocean Bay Preserve ($25,000) 4) Queens Island ($35,000) and 5) Taylor Creek Dredging ($266,000). B. The Board of County Commissioners has received a grant in the amount of $5,000 from the Caribbean Conservation Corporation to assist in the development of a sea turtle exhibit at the St. Lucie County Marine Center. No match for this grant is required. The Board approved Resolution 05-236 to appropriate $5,000 for fiscal year 2004 and 2005 and to amend the budget as follows: Revenues 001403-3730-337300-300 Caribbean Conservation Corp. $5,000 Appropriations 001403-3730-563000-300 Improvements O/T Building $5,000 5. PARKS AND RECREATION A. Rental Rate Reduction- Adams Ranch Equestrian Arena- The Board approved reducing the rental rate to $500.00 plus applicable staffing cost and cleanup fees on June 23, 2005, for the use of the Adams Ranch Equestrian Arena by Mr. Adams. B. Request approval to serve Alcohol- The Board approved the Hibiscus Children’s Center’s request to serve alcohol during their event on June 17, 2005 at the Ft. Pierce Community Center. 6. HUMAN RESOURCES Salary adjustment above the minimum pay grade 24 regarding starting salary of $70,000 for Assistant Growth Management Director Andrew Vangalle- The Board approved the adjustment based on experience and education. 7. PARKS REFERENDUM Lawnwood Football Stadium Lighting/Piggyback off the City of Jacksonville’s contract with Musco Lighting (revised contract amount) The Board approved piggybacking off the City of Jacksonville’s contract with Musco Lighting in the amount of $285,061 for materials, labor, and installation of the Lawnwood Football Stadium lighting and approved the contract as drafted by the County Attorney. 8. RELEASE OF RETAINAGE A. Release of Retainage: Paul Jacquin & Sons, Inc.- Contract No. C03- 05-492- Walton Road Annex- The Board approved release of retainage in the amount of $339,200.96 to Paul Jacquin & Sons for the construction of the Walton Road Annex. B. FPL Utility Easement for Dollman Beachside Park- The Board approved the easement form required by FPL to provide electric service to Dollman Beachside Park and upon review and approval by the County Attorney, authorized the Chairman to sign this easement. 9. PUBLIC WORKS A. Extension on Time-Joint Participation Agreement- Land Acquisition & Planning Study with FDOT and FSTED- The Board approved the extension on time . FSTD’s contribution is in the amount of $472,000 3 towards an estimated total project cost of $944,000 . This is the first phase of an estimated $4,000,000. road improvement project. B. Extension on Time- Joint Participation Agreement – Taylor Creek Restoration with FDOT and FSTED. The Board approved the extension on time, FSTED’s contribution is in the amount of $1,750,000 towards an estimated total project cost of $3,500,000. C. Approval to proceed with obtaining additional interim financing for the Indian River Estates MSBU project and approval of Budget Resolution No. 05-237- The Board authorized the office of Management and Budget to proceed with additional interim financing in the amount of $100,000 and approved Budget Resolution No. 05- 237 to recognize funding in the FY 2004-05. D. Cost Share of NSLRWCD Hurricane Cleanup of the Ten Mile Creek Flow Way- The Board approved the interlocal agreement with NSLRWCD to provide $105,822.00 for Hurricane cleanup of the Ten Mile Creek Flow Way and authorized the Chairman to sign. 10. CULTURAL AFFAIRS A. Permission to serve beer and wine- The Board granted permission to serve beer and wine at the opening reception of the Centennial Exhibit at the St. Lucie County Historical Museum on Friday, June 17, 2005. B. Permission to serve wine- The Board granted permission to serve wine during a Chamber of Commerce reception to be held at the Navy th UDT SEAL Museum on Wednesday, June 20. 11. GROWTH MANAGEMENT A. Request of Arcadis for final plat approval for the project known as Third Replat in PGA Commerce Centre at the Reserve- The Board approved the Third Replat of the PGA Commerce Centre at the Reserve and authorized staff to complete the final processing of this Plat. B. Acceptance of tourism grant under Florida Hurricane Impact Marketing Grant Program for $50,000- Funds will be used for additional advertising to help revitalize the County’s tourism base- The Board accepted the grant from Visit Florida for $50,000 under the Florida Hurricane Impact Marketing Grant Program. C. Approval of a partnership with Enterprise Florida, Workforce Florida, Florida High Tech Corridor Council and other to develop a Florida Life Sciences Roadmap- The Board approved the sponsorship at a cost of $5,000 and authorized signature of any related documents subject to the County Attorney approval. 12. PURCHASING A. Bid No. 05-039- Purchase of Pesticides, Herbicides & Fertilizers- The Board approved awarding Bid No. 05-039 to the low4st responsive and responsible bidders for the primary, secondary vendor, and alternate bid per the attached spreadsheet an authorized the Chairman to sign the contracts as prepared by the County Attorney. B. Permission to advertise an Invitation for Bid for Cleaning Services at Tradition Field Stadium- The Board approved advertising an Invitation for Bid . 4 C. Bid Waiver and Piggyback Osceola County Bid No. A/R No. 05- 412TM Sign Materials & Road Markings- The Board approved the bid waiver and permission to piggyback Osceola County Bid No. A/R No. 05-412 TM Sign Materials & Road Markings with the 3M Company for a not to exceed amount of $75,000 and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Bid No. 05-001 Enhanced Swale Maintenance Contract No. C05-01- 035- The Board approved terminating contract C05-01-025 with All Terrain Earthmoving, and approved awarding to the next responsive and responsible bidder, C.E.M. Enterprise for a not to exceed amount of $750,000 and authorized the Chairman to sign the contract as prepared by the County Attorney. E. Change Order No. 1 to Contract C04-04-164 with Ranger Construction Industries, Inc., for Road Resurfacing (Annual Contract) – The Board approved Change Order No. 1 to Contract C04-04-164 with Ranger Construction Industries, Inc., in the amount of $77,600 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. F. IFB No. 05-042- Purchase of seventy (70) 800 MHz Handheld Radios- The Board approved Budget Amendment No. BA05-161 and Equipment Request No. EQ05-332. The Board also approved awarding IFB No. 05-042 purchase of 70 –800 MHz handheld radios and 20 additional radios to Motorola Inc., for $143,309.70 and gave permission to order additional radios as needed at a unit cost of $1,592.33. G. Second Extension to the contracts with the firms listed on the Bid Award Form for appraisal of county parcels- The Board approved the second extension to the contracts and authorized the Chairman to sign the extension as prepared by the County Attorney. H. Third Amendment to Contract C00-09-539- with Harbor Branch Environmental Lab- The Board approved the third amendment to the contract with Harbor Branch Environmental Lab and authorized the Chairman to sign the amendment as prepared by the County Attorney. I. Third Amendment to Contract No. C02-02-298 with Port Consolidated, Inc.- The Board approved the third amendment to contract C02-02-298 and authorized the Chairman to sign the amendment as prepared by the County Attorney. J. Fixed Asset Inventory –Property Record Removal- The Board approved the removal of records from the fixed asset inventory of the BCC and transfer to the State of Florida in accordance with FS29-008, County funding of court-related functions as required by Article V. 13. INVESTMENT FOR THE FUTURE Change Order No. 1- Contract No. C04-11-588- Overland Construction Co.- Dollman Beach Park East- The Board approved Change Order No. 1 to Contract No. C04-11-588 Overland Construction/Dollman Beach Park, East, to increase contract sum $870.00 and contract time fourteen days, and authorized the Chairman to sign the order as prepared by the County Attorney. ADDITION CA-1 Revocable License Agreement Harold Smyth- The Board approved the Revocable License Agreement, authorized the Chairman to sign and directed Mr. Harold Smyth to record the document in the Public Records of St. Lucie County, Florida. REGULAR AGENDA (1-1908) 5 PUBLIC HEARINGS 5.A- COUNTY ATTORNEY Ordinance No. 05-004- Signs- No action was required from the County Commission at this time. This is the first of two required public hearings on this matter. The second public hearing on this matter will be held on Tuesday, August 22, 2005 at 6:00 p.m. or as soon thereafter as possible. Com. Coward commented on candidate signs not being picked up and thought it would be good to have a provision in this ordinance to have a fee upfront for posting of signs and being reimbursed afterwards once all signs are picked up. Com. Hutchinson stated she felt imposing a fine for those who do not remove the signs may be a better approach to the issue. Staff was directed to investigate the idea of a fine being imposed. 5B. PUBLIC WORKS (1-2030) Lake Drive M.S.B.U. – Initial Public Hearing- Potable Water Improvements FPUA- Consider staff recommendation to adopt Resolution No. 05-232 creating the Lake Drive MSBU; approve the preparation of an interlocal agreement with the City of Ft. Pierce and the FPUA and authorize the County Engineer to proceed with the engineering and design of the project. It was moved by Com. Lewis, seconded by Com. Coward, to adopt Resolution No. 05- 232, and; upon roll call, motion carried unanimously. 5C. PUBLIC WORKS (1-2204) Indian River Estates 2 MSBU- Initial Public Hearing - Potable Water Improvements SLC/FPUA - Consider staff recommendation to adopt Resolution No. 05-233- creating the Indian River Estates 2 MSBU; approve the preparation of an interlocal agreement with the City of Ft. Pierce and the FPUA and authorize the County Engineer to proceed with the engineering and design of the project. The MSBU Coordinator advised the Board the Midway Road properties would be excluded from this project as well as the Palm Grove residents and advised the Board of the project components and their locations. She also advised the Board of being notified by the FDOT that no improvements would be permitted along US 1 for 5 years while they are constructing US 1. The MSBU project proposed along US 1 would need to be started as soon as possible and they had no choice but to schedule commencement of construction for next week. Com. Hutchinson stated she was aware that DOT was the one who brought this to their attention with the expansion of U.S. 1 and as many of them who have worked with Palm Grove and Tropical Isle over the expansion you would think they would have been notified and it was one of a last minute thing. Com. Coward stated he understands the engineering issues, the FDOT improvements but he cannot get over the hurdle of forced annexation. It is fundamental to him that the residents have a voice. It is the same position the Board took when they signed the global utility agreement with FPUA and carved out Indian River Estates and said they would let the residents decide and they would support the residents in their decision. In this case they have not given the residents their day in court and he does not believe that the MSBU option is the only one available to them. Com. Lewis stated she had spoken with a couple of commercial property owners who were looking forward to the project. 6 Com. Hutchinson stated they needed to go back to the FPUA and ask them for the alternative funding. Com. Coward concurred and stated they should go back and ask the UA for the alternative funding mechanism i.e. them to be putting forth the funding. The County Administrator stated they would contact the UA tomorrow and ask the question. The Assistant County Attorney suggested continuing the public hearing on Monday, June 13, 2005. The County Engineer stated they would delay the contractor a few days to discuss this issue further. Com. Hutchinson reminded everyone present this issue is for the U.S. 1 project. Mr. Joe Falco, Ft. Pierce addressed the Board with his concerns of whether the residents would be forced into annexation once the door is opened. Mr. Shane Dunn, Commercial property owner expressed his concern as to why the property owners were not asked if they wanted the service and asked what the cost would be. Mr. Vincent (unintelligible last name) Midway Road property owner, addressed the Board and advised them he does not wish to be a part of the City of Ft. Pierce and pay city taxes. He would like to have a vote on the issue. Mr. Richard Beck, Palm Grove resident addressed the Board regarding their own water plant and if they would be forced to connect to FPUA. Mr. Beck was directed to speak to the DEP for any information should their system fail and the permit be pulled. Ms. Katherine Linberger, Palm Grove asked for clarification on the county utility providing any service to the MSBU 1 of Indian River Estates and if it would require annexation or if they are exempt. Com. Hutchinson addressed Ms. Linberger’s question. The County is providing the water from FPUA in bulk purchase agreement, however it will be County Utilities and cannot be annexed. It was moved by Com. Craft, seconded by Com. Coward to continue the public hearing at 3:00 p.m. on June 13, 2005, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (2-0426) Consider adoption of Ordinance No. 05-019 granting the request of the Board of County Commissioners and Barbara Guettler Debus for a change in Future land Use Designation from COM, RU and R/C to CPUB ( Conservation Public ) and RS (Residential Suburban) . It was moved by Com. Coward, seconded by Com. Smith, to approve Ordinance No. 05- 019, and; upon roll call, motion carried unanimously. 5.E. GROWTH MANAGEMENT Consider adoption of Ordinance No. 05-018 granting the request of Home Dynamics Corp. for a change in Future Land Use Designation from COM to RU to RM . It was moved by Com. Lewis, seconded by Com. Craft, to approve Ordinance No. 05- 018, and; upon roll call, motion carried unanimously. 7 5F. GROWTH MANAGEMENT Consider Resolution No. 05-008 granting Home Dynamics Corporation request for Preliminary Planned Unit Development Approval with conditions for the project known as Frontera. It was moved by Com. Lewis, seconded by Com. Smith, to approve Resolution No. 05- 008, and; upon roll call, motion carried unanimously. 5G. COUNTY ATTORNEY Consider adoption of Ordinance No. 05-017 Establishing of the Creekside community Development District as set forth in the petition of BJK,L.L.C. and Preferred Properties of St. Lucie, LLC. It was moved by Com. Coward, seconded by Com. Craft to approve Ordinance No. 05- 017, and; upon roll call, motion carried unanimously. 5. PUBLIC WORKS Emergency Repairs to 10303 Indian River Drive –Award to low quote- Consider staff recommendation to authorize staff to proceed with Emergency Repairs to 10303 Indian River Drive in the amount of $57,128.00 to Dickerson Florida and authorize the Chairman to sign. It was moved by Com. Lewis, seconded by Com. Coward, to approve staff recommendation, 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 8