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HomeMy WebLinkAboutBOCC Minutes 09-27-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 27, 2005 Convened: 9:05 a.m. Tape: 1-2 Adjourned: 11:30 a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Joseph Smith, Chris Craft, Doug Coward absent on county business Others Present: Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Recreation Director, Don West, Public Works Director, Marie Gouin, M & B Director, Roger Shinn, Central Services Director, Ed Parker, Purchasing Director, Vanessa Bassey, Environmental Resources Director, Mike Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Craft, seconded by Com. Smith to approve the minutes of the meetings held: September 15, 2005 – Tentative Budget Public Hearing, September 20, 2005, Regular Board meeting, September 22, 2005 Final Budget Public Hearing, September 22, 2005 Special Public Hearing, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. A presentation by Colonel Carpenter of the Army Corps of Engineers on the management of Lake Okeechobee and discharges from the Lake. B. An update on Indian River Drive was presented by Mike Powley, County Engineer and Vanessa Bassey, Environmental Resources Director. The County Engineer advised the Board they are hoping to open the Drive to the general public by January, 06. C. Resolution No. 05-369- Project H.O.P.E- Consider staff recommendation to adopt Resolution No. 05-369. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 369, and; upon roll call, motion carried unanimously. D. The Board congratulated the St. Lucie county Balefill Construction and Demolition Recycling Facility for receiving the Honorable Mention Award in the Environmental Category of the Engineering Excellence Awards from the Florida Institute of Consulting Engineers. E. The Board congratulated Tommy owes and staff on winning the 2005 Florida State League Commendation Award. F. The Asst County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (1-1636) 1 Mr. Robert Bukus, North Hutchinson Island resident, addressed the Board regarding what he felt were antiquated codes in the County. He lost his home during the last two hurricanes and would like to rebuild. He is having a problem with the fact that FEMA must follow the level requirement of 17 feet above sea level in order to rebuild. He stated our codes do not have storm serge language. His homeowners association has a height restriction and he felt it would not be in his best interest to rebuild if the home was to be destroyed by another hurricane. He asked the Board to consider an ordinance addressing storm serge and initiate a committee for land use who can start a plan. Com. Craft stated he had contact with this resident earlier and asked him to address the Board. He asked for review of possible safer codes to be implemented in the future to assist the barrier island residents when rebuilding. The Chairperson asked for clarification from the County Attorney’s office on this issue upon return to the Board for review due to some legal issues concerning homeowners, deed restrictions and property rights. Com. Christine Coke, City of Ft. Pierce, addressed the Board and stated the Commission is looking forward to making south beach what it once was. She does not oppose the rebuilding of Chuck’s Seafood and asked the Board of County Commissioners to assist in making the restaurant as beautiful as it should be. She also addressed the compliance with the codes and they are placing fines on property the County owns. She asked the County’s assistance in bringing this property up to compliance. She stated the City is waiting for the county’s approval on the rebuilding plan and if they could work together on the code violations the City would appreciate it. 4. CONSENT AGENDA It was moved by Com. Lewis seconded by Com. Craft, to approve the Consent Agenda, to include CA-1, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 52. 2. COUNTY ATTORNEY A. Resolution No. 05-365- Extending the State of Emergency for Hurricane Frances and Resolution No. 05f-366 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-365 and Resolution No. 05-366. B. Resolution No. 05-371 MSBU Financial Hardship Assistance Program- The Board approved a correction of scrivener’s error and renumbering of Resolution No. 05-347 MSBU Financial Hardship Assistance Program to Resolution No. 05-371. C. Airport Industrial Park- Release of Reverter in October in October 10, 1962 Deed from St. Lucie County to Ft. Pierce Port and Airport Authority. D. Teamsters Local Union No. 769- Collective Bargaining Agreement- The Board approved the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769 and authorized the Chairman to sign the agreement, subject to ratification of the proposed agreement by the bargaining unit. E. Weekend Work Program- Fourth Amendment to March 4, 1997 Interlcoal Agreement with the Sheriff- The Board approved the proposed Fourth Amendment and authorized the Chairman to sign the Amendment. 2 3. PUBLIC WORKS A. Code Enforcement Division- The Board approved accepting the proposal from Municipal Software not to exceed $37,240.00 and approved Equipment Request No. 06-208, Budget Amendment BA06- 100, and the proposal from Municipal Software to pay for the Collection of County Impact Fees from the City of Port St. Lucie. B. Engineering Division- Public Hearing- Florida Rock Mine- South Plant mining permit application Renewal- The Board approved a public hearing for November 1, 2005 at 6:00 p.m. to consider the request of the Florida Rock Mine- South Plant mining permit application. C. Engineering Division- Award construction materials testing to Dunkelberger Engineering & Testing for the Indian River Drive II Project- The Board approved awarding the material testing to Dunkelberger Engineering & Testing for the Indian River Drive Phase II project in the amount of $90,098.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Engineering Division Work Authorization No. 3- Contract No. C03- 09-708 with Inwood Consulting Engineers, Inc., - The Board approved Work Authorization No. 3 with Inwood Consulting Engineers, Inc., for engineering services for the Weatherbee Road and U.S. 1 intersection improvements project in the amount of $6,600.00. E. The Board approved Resolution No. 05-370 Equipment Request No. 05-377 and Budget Amendment No. BA05-194 to purchase a 2006 Freightliner Dump Truck from Freightliner for $89,761.58 for the Road and Bridge Drainage operations section. 4. HUMAN RESOURCES A. Catastrophic Inmate Medical Expense Payment- The Board approved Resolution No. 05-360. B. October Cost of Living increase- The Board approved the 3% increase effective October 2, 2005 for non-bargaining and bargaining full time and part time with limited benefits employees. 5. SOLID WASTE A. Purchase of third baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra International Machinery, LLC- rd The Board approved the purchase of the 3 baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra International Machinery, LLC. This item was approved in the 2005-06 budget process. The total cost of the bailer is $1,208,362.00. B. The Board approved Amendment No. 1 to the CDM proposal for professional services related to the design, permitting and construction services for the Scale House at the Glades Road Bailing Facility. The original agreement is revised from a cost of $136,300.00 to a lump sum of $555,000.00. 6. LIBRARY State Aid to Libraries Grant- The Board authorized the Chairman to sign two copies of the application, at the time of approval, for the State Aid to Libraries Grant Application. Approved the library’s FY05/06 annual plan of service. 3 7. INVESTMENT FOR THE FUTURE The Board approved the purchase of a new van to be used by Information Technology Department ( 2005/06). 8. PURCHASING A. Award Bid No. 05-088- Savannas Maintenance Building- The Board approved awarding Bid No. 05-088 to Hennis Construction Company, Inc., for a total amount of $149,000. and granted permission for the Chairman to sign the contract as prepared by the County Attorney. B. Bid No. 05-094- Subdivision No. 1 Mowing Contract- The Board approved awarding Bid No. 05-094 Subdivision No. 1 Mowing Contract to the lowest responsive and responsible bidder, Accolades Services for a total amount of $76,750. and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Bid No. 05-095 Subdivision No. 2 Mowing Contract- The Board approved awarding Bid No. 05-095 Subdivision No. 2 Mowing Contract to the lowest responsive bidder Accolades Services for a total amount of $205,000. and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Award RFP No. 05-070- Space Needs Study- The Board approved awarding the RFP to the highest rank firm Institute for Law & Policy Planning for an amount not to exceed $130,000. E. Bid No. 05-096 Subdivision No. 3 Mowing Contract- The Board approved awarding Bid No. 05-096 to the second lowest bidder, Treasure Coast Lawns, Inc., for a total amount of $189,150.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. F. Bid Waiver and sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc., for the Park and Recreation Department. 9. CENTRAL SERVICES Downtown Judicial Complex Chiller plant- Edlund Dritenbas Binkley C03-08-520- Amendment No. 2 to Work Authorization No. 10- The Board approved Amendment No. 2 to Work Authorization No. 10 C03-08-520 Edlund Dritenbas Binkley Architects, for services of Carter & Associates, Consulting Engineers and Land Surveyors, for additional engineering and surveying services for the Clerk of Courts Chiller Plant at a cost of $11,750. and authorized the Chair to sign the Amendment as prepared by the County Attorney. 10. MANAGEMENT AND BUDGET A. Early Redemption of Special Assessment Improvements Bonds- Becker Road MSBU Series 1996, King Orange MSBU Series 1996, South Hutchinson Island- North District Wastewater System Series 1998, South Hutchinson Island North District Wastewater System Series 1998A- The Board approved the early full and partial redemption of the following: 1. $1,860,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1996 (Becker Road MSBU) 2. $14,920,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1998 South Hutchinson Island Wastewater System 4 3. $910,000 St. Lucie County, Florida Special Assessment Bonds, Series 1998 A South Hutchinson Island North District Wastewater System 4. $230,000 St. Lucie County, Florida Special Assessment Bonds Series 1996 (King Orange MSBU) At par, recommended by RBC Dain Rauscher, Mr. Nate Eckloff, Managing Director and Mr. Weiss Bradish, Associate Legal Advisor to the County and as outlined above. B. Purchase of Microsoft Enterprise License for Courts Administration for $106,445.00- The Board approved the purchase of the Microsoft Enterprise License for Courts Administration in the amount of $106,445.00. 11. PARKS AND RECREATION A. Lease Agreement – Katherine England/Savannas Recreation Area- The Board approved the first amendment to the lease agreement with Katherine England for living space at the Savannas Recreation Area and authorized the Chairman to sign the amendment. th B. 28 National Bike Round Up- St. Lucie County Fairgrounds- The Board granted a special permit for the relief of the noise and the vibration limits in Chapter 1-13 St. Lucie County Code of Ordinances th for the 28 National Bike Round up to be held at the Fairgrounds for the period July 31, -August 6, 2006 based upon the following findings: 1. activity will be of temporary duration and cannot be done in a manner that would comply with Chapter 1-13 and 2. no other reasonable alternative is available. 12. GROWTH MANAGEMENT A. Approve First Amendment to Contract No. C04-03-132 with Craig Richardson and Clarion Associates- The Board approve the First Amendment to Contract No. C04-03-132 to the consulting agreement with Clarion Associates and authorized the Chairman to sign the First Amendment. B. Request of Brant Shirard, Jr., for final plat approval for the project to be known as Shirard Estates Subdivision, Phase II.- The Board approved the final plat of Shirard Estates Phase II S/D and authorized its final execution. 13. ADMINISTRATION Children’s Services Council- The Board approved the submission of two additional applicants (Toby Philpart and Queen Townsend) to the Office of the Governor, for consideration for the Children’s Services Council appointment. ADDITIONS CA-1. ADMINISTRATION Planning and Zoning Commission Appointment- The Board ratified Commissioner Smith’s appointment of Mr. Craig Mundt to the Planning and Zoning Commission. REGULAR AGENDA 5.A No public hearings scheduled. 5 6. COUNTY ATTORNEY (2-121) Resolution No. 05-368- Adopting Impact Fees Report by James C. Nicholas, Ph.D – Consider staff recommendation to approve Resolution No, 05-368 and authorize the Chairman to sign the resolution. The County Attorney addressed the Board on this issue. He advised the Board that at the request of Mr. Santos, they have considered attempting to provide a waiver process for those people who have construction contracts and loan agreements prior to the effective date of the ordinance that was adopted and this has been put in place. The Board approved a phasing in of the fee even though the fee exists today, they have gone back for the next 6 months at least, and reduced the fee to $800. for roads instead of the $2,000 basically the amount they have collected. This is a substantial reduction than what was placed in the ordinance. In addition, they have added a 10% discount for people who pay early. The Public Works Director addressed the road section and informed the Board why it was revised. They modified the proportionate share that would be funded out of zones 3 and 4 from the Port St. Lucie area. The total to the Port St. Lucie area has been modified according to the 60/40 split. The County Attorney advised the Board of the typos in the first sentence and he advised the Board of the revisions. The ROC means the rest of the County including Ft. Pierce. Ms. Nancy Aufed ,(unintelligible last name) Government Affairs Specialist for the Treasure Coast Builders Association., addressed the Board and stated they do not have a copy of the most revised document and to her knowledge it was not available to the public. Section 2 of the resolution states the county adopted the ordinance on September th 6 referring to and including Dr. Nicholas’s report all dated July 2005. They would like to state for the record that this was a draft. R. Nicholas’ study was not and has not been adopted to their knowledge and is still doing revisions as the County Attorney stated. The County Attorney stated this was the final and there were some revisions based on the Public Works Director’s revisions and the purpose of tonight’s meeting is to finalize the draft. He stated he would provide the copy to the representative of the Builder’s Association if the adopts it as finalized. Ms. Aufed (unintelligible last name) suggested it is still in draft form until it is adopted today, however, they have not had the benefit to review it and there are several comments Mr. Santos had mentioned were of importance to him. She asked the Board to wait before adopting this revised report since they have not had the opportunity to review it. She stated in Com. Hutchinson’s letter she did confirm the July, 2005 report was a draft study. She asked the Board not pass this resolution with the inclusion of section 2. and believes if section 2 were to be removed (it not being factual) the resolution could stand short of the fact that staff is now saying it is adopting Dr .Nicholas’ report which they do not believe has been properly reviewed by the public. The County Attorney stated the fees have not been changed and did not use study to increase or decrease the fee. He recommended moving forward with section 2 included. The Treasure Coast Builders Association stated they were opposed to the passing of Resolution 05-368 with the inclusion of section 2. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution 05-368 as amended, and; upon roll call, motion carried unanimously. RA-1 COUNTY ATTORNEY (2-953) 6 Resolution No. 05-120- Utility Consolidation Resolution – Consider staff recommendation to adopt Resolution No. 05-120 as drafted. The County Attorney addressed the changes made by the Bond Counsel.(attached) It was moved by Com. Lewis, seconded by Com. Smith, to approve Resolution No. 05- 120, and; upon roll call, motion carried unanimously. RA-2. COUNTY ATTORNEY Update was given by the Assistant County Attorney on the Code Violations issued by the City of Ft. Pierce on Chuck’s Seafood. The County Attorney advised the Board of two violations being abated, however, there are outstanding fines which remain. The issue of the fines and signage will be presented before the City of Ft. Pierce on October 19, 2005 . Com. Hutchinson stated she would like to see Chuck’s Seafood rebuilt, her only concern is there does not seem to be an end to the code violations and she felt as the owners of the property the fines would ultimately be the county’s if this was not addressed. Com. Lewis suggested a 30 day notice. She does want to use public funds to pay for someone else’s violations. It was the consensus of the Board to send a 30 day notice of default to the tenant. UNAGENDAD Com Hutchinson brought to the attention of the Board of the need for one temporary th representative for the Canvassing Board for the September 30 meeting. Both Com. Smith and Com. Lewis would be available. The Chairperson also asked the Board to approve her being present at the elections center site the night of 10/18/05. It was the consensus of the Board to approve this request. There being no further business to be brought before the Board, the meting was adjourned. _________________________ Chairman ___________________________ Clerk of Circuit Court T 7 8