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HomeMy WebLinkAboutBOCC Minutes 10-04-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 4, 2005 Convened: 9:00 a.m. Tape: 1-2 Adjourned: 11:40 a.m. Commissioners Present: Frannie Hutchinson, Chairperson, 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, Mike Brillhart, Special Projects Director, Pete Keogh, Parks and Rec. Director, Beth Ryder, Community Services Director, Ed Parker, Purchasing Director, David Kelly Planning Manager, 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 September 27, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 05-359- Consider staff recommendation to adopt Resolution No. 05-359, a resolution commending Stephen Douglas Shipe for attaining the Rank of Eagle Scout. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- 359, and; upon roll call, motion carried unanimously. B. The County Administrator gave a presentation on the Louisiana Trip. C. Mr. Daniel M. Cary gave an update on the White City report. Com. Hutchinson asked the Board to consider making White City as a CRA and this may give them the opportunity to apply for grants. Ms. Patricia Ferrick, North Fork Property Owners, addressed the Board and stated they do not support a round about on Midway due to it being a Hurricane Evacuation route and stated they do not support the area being included in a CRA. Mr. Herbert Beach, White City resident, addressed the Board and stated he had conducted a survey of the area and 11 residents preferred a traffic light and 5 preferred a round about. He also stated he was informed by many residents that they were not in favor of another park in the area. Ms. Lisa Nelson, area resident and business owner, addressed the Board and stated she did agree with the alignment of citrus and sunrise and she was open to the CRA concept. She also asked the Board to consider discussing having the stormwater problem in the area corrected. Com. Craft stated the Board was committed to preservation and there was not any intention of removing historical buildings for development purposes. D. The County Administrator read upcoming events. 1 3. PUBLIC COMMENTS Ms. Nadine Stewart, addressed the Board regarding a problem with Waterstone Development behind her home. She advised the Board of the workers utilizing her property as a bathroom because they were too lazy to walk a few feet to the port a pottie and also the workers were leaving their trash on the ground. Mr. Frank Stewart, advised the Board that the berm on the southeast corner was not up to “snuff”. He stated he had discussed this issue with Mr. Larkin and he advised him he would correct the problem. The Board advised Mr./Mrs. Stewart of the existing plan of who to contact when there was a problem. Ms. Susie Caron, area resident addressed the dangers of workers utilizing property as a bathroom. The Board advised Ms. Caron that in the event something like this occurs they should contact the Sheriff’s department immediately. Mr. Luis Barton, Chuck’s Seafood, addressed the Board regarding the article in the newspaper and stated he would be paying the fines assessed and correcting any issues before he leaves the area. His daughter will continue to run the restaurant . 4. CONSENT AGENDA (2-365) It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda with items C3A and C3B pulled and item C13B rescheduled, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 53. 2. COUNTY ATTORNEY A. Resolution No. 05-373 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-374 Extending the State of Emergency for Hurricane Jeanne- The Board approve Resolution No. 05-373 and Resolution No. 05-374. B. Request Permission to Advertise Public Hearing- Petition to abandon a portion of a 30 foot right of way known as Grose Road- The Board authorized advertising a Public Hearing to be held on November 1, 2005 at 6:00 p.m. or as soon thereafter as possible. C. Florida Yards and Neighborhoods Program- Interlocal Agreement with City of Ft. Pierce- The Board approved the proposed interlocal agreement with the City of Ft. Pierce for the Florida Yards and Neighborhoods Program and authorized the Chairman to sign the agreement. D. Termination of Lease with Whispering Creek Co-op- The Board approved terminating the lease and waived the $80. in rent that is past due and owing. 2 E. Resolution No. 05-376- Neill Farms South Jenkins Road and McNeil Road- Right of Way dedication- The Board approved Resolution No. 05-376, authorized the Chairman to sign the Plat of Neill Farms and directed staff to record the Resolution in the Public Records of St. Lucie County, Florida. F. Treasure Cost Education Research and Development Authority- The Board authorized staff to order Ownership & Encumbrance Searches Treasure Coast Abstract and Title Insurance Company as shown on the letter agreement. G. Budget Amendment No. BA05-195- The Board approved Budget Amendment BA05-195 transferring $15,000 from the General Fund Contingency to the Professional Services account noted above. 3. PUBLIC WORKS A. Code Compliance 501 Weatherbee Road- this item was pulled. B. Code Compliance 3506 Avenue R- this item was pulled. C. Reduction in retainage- The Board approved a reduction in retainage from 10% ($1,239,575.60) to 2% ($247,915.12) for Ranger Construction Industries, Inc., for the Indian River Drive Middle Project. 4. PARKS AND RECREATION A. Facilities Use Agreement /Ft. Pierce Fire Inc.- The Board approved the Facilities Use Agreement with Ft. Pierce Fire Inc., as drafted by the County Attorney and authorized the Chairman to sign. B. Amendment to Equipment Request No. EA06-118A and Budget Amendment No. BA06-101- The Board approved Equipment Request No. EA06-118A and Budget Amendment No. BA 06-101. C. Tradition Field Stadium Fee waiver- The Board approved the waiver of $2,900.00 in fees for the St. Lucie County Jam for Katrina Relief fundraiser as requested by the North Treasure Coast Chapter of the American Red Cross and the United Neighbors For Humanity, Inc. D. Sole Source status Fairwinds Golf Course- The Board approved Titlelist Golf, Foot Joy, Callaway Golf and Precept/Bridgestone Sports as sole source providers for their respective brands of golf merchandise. The Board also approved the purchasing level of not more than $25,000 for each of the aforementioned distributors remain at the same level for the period of October 1, 2005 through September 30, 2006. E. Facilities Use Agreement- Ft. Pierce Buccaneers, Inc.- The Board approved the Facilities Use Agreement with the Ft. Pierce Buccaneers Inc. as drafted by the County Attorney and authorized the Chairman to sign. 5. CULTURAL AFFAIRS Establish a Change Fund in the amount of $75.00 at the Historical Museum- The Board approved the $75.00 change fund at the St. Lucie County Historical Museum. Staff would have both a $50.00 cash fund and a $75.00 cash fund in compliance with County policy. 3 6. PURCHASING A. Award of Bid No. 05-097 US 1 Median, Orange Avenue Median and Jenkins Road Mowing Contract- The Board awarding Bid No. 05-097 US 1 Median, Orange Avenue Median and Jenkins Road Mowing Contract to the lowest responsive bidder Treasure Coast Lawn Inc for a total amount of $125,372.19 and approved the Chairman to sign the contract as prepared by the County Attorney. B. Change Order No. 1 for Contract C05-04-250 with Martin Fence Co.- The Board approved Change Order No. 1 for Contract C05-04-250 with Martin Fence Co., and authorized the Chairman to sign the change order as prepared by the County Attorney. C. Bid Waiver and sole source declaration for service and purchase of parts for certain County Equipment for Fiscal Year 2005-2006- for Solid Waste, Central Services and Service Garage- The Board approved the bid waiver and sole source declaration for the parts and service to Kelly Tractor for Caterpillar, Flagler Equip. Company, L.B. Smith for Volvo and Samsung. Sierra International Machinery, LLC for MacPress Balers and conveyors Continental Biomass Industries , Inc., for grinder, Lubo USA, LLC for C & D processing equipment, Menzi USA for Menzi Muck and Great Southern Equipment for Gradall. D. Award RFP No. 05-054 Electrician Services Annual Contract- The Board approved awarding RFP No. 05-054 to Imperial Electrical Inc.. per the attached rates and permission for the Chairman to sign the contract as prepared by the County Attorney. E. First Amendment to Work Authorization No. 37 for Contract C00-03- 236 with Masteller & Moler, Inc., - The Board approved the First Amendment to Work Authorization No. 37 and authorized the Chairman to sign the amendment as prepared by the County Attorney. F. Permission to advertise a RFP for Advertising Services for the Tourism/Economic Development Division- The Board approved advertising the RFP for advertising services for the Tourism/Economic Development Division. G. Sixth Amendment to Contract No. C02-04-399- with Terminix International Company- The Board approved the Sixth Amendment to Contract No. C02-04-399 with Terminix International Company and authorized the Chairman to sign the amendment as prepared by the County Attorney. H. Fixed Asset Inventory- The Board approved the request for Property Record Removal and permission to advertise invitation for bid for the Sale of one 550B John Deere Dozer, one 340B Ford Tractor, one 3910 Ford Tractor, one John Deere 600D Compactor, and one Dixie Chopper Mower. 7. COMMUNITY SERVICES A. Amendment No. 1 extending grant completion date and sub agreement to implement grant- The Board approved the Chair signing Amendment 1 extending the SFWMD grant completion date and the Sub-grant Agreement with the Ft. Pierce Housing Authority to implement the grant. 4 B. Outside Agency Grant Contracts FY 2005-06- The Board approved the grant agreements and authorized the Chairman to sign the agreements. 8. GROWTH MANAGEMENT A. Consider Draft Resolution No. 05-349- replacing Resolution No. 05- 149 which granted a zoning change from RS-4 to RF zoning for House of Prayer Pentecost Church- The Board approved Resolution No. 05- 349. B. Consider Draft Resolution No. 05-350 granting Major Site plan approval for project to be known as Church of God in Christ – The Board approved Resolution No. 05-350. C. Consider approval of changes made to the Job Growth Investment Grant- The Board approved the proposed amendments to the County’s Job Growth Investment Grant. D. Treasure Coast Sports Commission inc. 2005/06 Grant Contract- The Board approved the proposed grant contract for Treasure Coast Sport Commission and authorized the Chairman to sign the contract. 9. INVESTMENT FOR THE FUTURE Approve purchase of 6 pews- The Board approved the purchase of 6 pews for St. Lucie West Annex and approved Equipment Request No. EQ06-211 at a cost of $1,441.50 each. 10. MANAGEMENT AND BUDGET A. Request for approval of advance in the amount of $252,000. to the County Tax Collector- The Board approve the advance. B. Request for approval of Budget Resolution No. 05-372- The Board approved Budget Resolution No. 05-372 to establish FY 06 Budget for the 2005 FDLE, Office of Domestic Preparedness Homeland Security Grant Program- Law Enforcement Terrorism Prevention Grant FY06 Budget of $21, 500. 11. UTILITIES Final Payment Application and release of retainage- The Board approved final payment application and release of retainage with Astaldi Contruction Corporation in the amount of $218,395.22 for work completed for the North St Lucie County Seminole Utility Extension. 12. PARKS REFERENDUM Construction Bond & Two Year Maintenance Agreement for the Rubberized Track at Lawnwood Stadium- The Board authorized staff to amend the contract awarded to American Athletic Courts in the amount of $194,350.00 an increase of $4,850.00 to cover the cost of construction bond and a two year maintenance agreement and authorized the Chairman to sign the contract. 13. HUMANN RESOURCES A. Board of County Commissioners Non-Bargaining Employees Benefits- The Board approved the benefits for Non Bargaining BCC employees. 5 B. New position- Research and Education Park Director – Consider staff recommendation to approve the position . It was the consensus of the Board to bring this issue back to the Board on November 8, 2005 for discussion and receipt of input . Therefore it was moved by Com. Coward, seconded by Com. Craft to rescind the prior motion to approve this position; and, upon roll call, motion carried unanimously. REGULAR AGENDA 5.A GROWTH MANAGEMENT (2635) Consider Draft Resolution No. 05-154 granting the petition of BJK Inc., for Final Planned Unit Development and Preliminary Plat approval for the project known as Creekside- Consider staff recommendation to adopt Resolution No. 050154 granting the petition of BJK, Inc. for Final Planned Unit Development and Preliminary Plat approval for the project known as Creekside. It was moved by Com. Coward, seconded by Com. Smith, to approve Resolution No. 05- 154, and; upon roll call, motion carried unanimously. 5B. GROWTH MANAGEMENT (20857) Second Public Hearing on Draft Ordinance No. 05-113 Research and Education Park Overlay Zone- Consider staff recommendation to adopt Draft Ordinance No. 05-113 creating the Research and Education Park Overlay Zone. Mr. Rick Minton, President of the Authority addressed the Board and stated Phase A was the original build out and requested clarification on the balance of the project build out to take place within the next 25 to 30 years and stated the park will be entirely for public use. Ms. Jane Bachelor, Secretary TCERDA addressed the Board regarding the job description of the Director and stated the Authority did not concur with the description drafted by County staff. She advised and presented the Board with the job description adopted by the Authority at the September meeting. She felt the position was under funded. Ms. Bachelor expressed the Authority’s concern with the Director answering to the County Administrator and not the Authority. The County Administrator stated he was not aware of the new job description drafted by the Authority. Com. Craft stated he would like to send this back so that the Board may have a better understanding of the Research Authority as well as our staff as to what we are expecting from this position. Com. Hutchinson stated she concurred and stated she had assumed both staff’s had worked together in putting together the job description. Com. Coward stated they needed to get some of these details worked out before moving forward. It was moved by Com. Coward, seconded by Com. Craft to baring back the overlay and well as the job description with further input from the Authority and bring in back to the Board, November 8, 2005; and, upon roll call, motion carried unanimously. 5.C COUNTY ATTORNEY (2-2025) 2005 Economic Development Exemption Application- Scripps Treasure Coast Publishing Company Ordinance No. 05-034- Consider staff recommendation to adopt Ordinance No. 05-034 as drafted. 6 It was moved by Com. Craft, seconded by Com. Smith to approve Ordinance No. 05-034, and; upon roll call, motion carried unanimously. 5.D COUNTY ATTORNEY (2-2170) 2005 Economic Development Exemption Application- Atlantic Truss Co., Ltd.- Ordinance No. 05-035- Consider staff recommendation to adopt Ordinance No. 05-035 as drafted. It was moved by Com. Craft, seconded by Com. Lewis, to approve Ordinance No. 05- 035, and; upon roll call, motion carried unanimously. 5.E COUNTY ATTORNEY (2-292) 2005 Economic Development Exemption Application- Tropicana Products Inc.- Ordinance No. 05-036 as drafted. It was moved by Com. Lewis, seconded by Com. Coward, to approve Ordinance No. 05- 036, and; upon roll call, motion carried unanimously. 6. UTILITIES ( 2-2371) Staff requested approval of the Standard Potable Water and Wastewater Development Agreement by and between St. Lucie County and Coconut Cove, LLC with bulk service from FPUA. It was moved by Com. Craft, seconded by Com. Lewis, to approve the Agreement subject to reservation of capacity by FPUA, and; upon roll call, motion carried unanimously. 7. ADMINISTRATION Cultural Affairs vacant appointment- Upon tally of the votes, the Board appointed Ms. Anna Preston. 8. COUNTY ATTORNEY Resolution No. 05-375- Extending the maturity date for some advances made by the County from the Line of Credit for MSBU’s with Bank of America. It was moved by Com. Coward, seconded by Com. Smith, to approve Resolution No. 05- 375, 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 7 8