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HomeMy WebLinkAboutBOCC Minutes 02-24-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 24, 2009 Convened: 9:00 a.m. Adjourned: 10:15 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Michael Brillhart, Capital Improvement Manager, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 17, 2009 meeting. It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held February 17, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. County Attorney Resolution No. 09-064 – Commending Dr. Edith Widder and Mr. Keith Paglen, from the Ocean Research and Conservation Association (ORCA), for their research and accomplishments in protecting Marine Ecosystems and the species they sustain through the development of innovative technologies and science based conservation action. Consider staff recommendation to adopt Resolution No. 09-064 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 09-064, and; upon roll call, motion carried unanimously. B. Proposed Marketing & Economic Development Partnership Plan – Grand Bahama Island presentation by Mr. George Bifield, Comet Creative, Inc. C. The County Administrator announced the Employee of Year: Rubin Dye, GIS Department was honored as the Employee of the Year. V. GENERAL PUBLIC COMMENT Mr. Gary Zetner, Palm Beach resident, addressed the Board regarding an item on the Consent Agenda. Item 6-B-6 Quit Claim for Gordy Road. Mr. Zetner requested the Board postpone action on this item until the City of Ft. Pierce and the County can discuss this issue. He is a property owner of frontage on Gordy Road. Com. Dzadovsky addressed Mr. Zetner’s request and stated he had concerns as to why this item was brought to the forefront at the last minute. He stated he would prefer not removing this item from the agenda and recommended moving forward. Com. Craft stated he would prefer to review the issue before making a decision and he believed this was not a time constraint on this issue. Com. Grande stated he felt it was a reasonable request to delay this item so the Board could have an opportunity to hear from the City of Ft. Pierce officials. 1 Com. Coward stated he concurred with Com. Craft and does not see any reason not to postpone this item. Com. Lewis stated in other circumstances she would be most likely not to agree with the withdraw of the item, however since the Board will be meeting with the City of Ft. Pierce later this afternoon she is more inclined to postpone any action. The County Administrator advised the Board her office had received a call from the City of Ft. Pierce yesterday attempting to confirm if the Gordy Road issue would be on today’s agenda. It was the consensus of the Board to delete this item from the Consent Agenda. VI. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A.WARRANTS Approve warrant list No. 21. B.COUNTY ATTORNEY 1. Permission to File Suit(s) on Any Unpaid Impact and Utility Fees The Board granted permission to allow the County Attorney to file suit(s) on any unpaid impact and utility fees. 2. Permission to Advertise – Ordinance No. 09-007 – Chapter 7 Land Development Code – Street Trees The Board approved advertising proposed Ordinance No. 09-007 for public hearings before the Local Planning Agency on March 19, 2009 and the Board of County Commissioners on April 7, 2009 and April 21, 2009 beginning at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY – CONTINUED 3. Resolution No. 09-054 – Celebration Pointe Improvements The Board approved Resolution No. 09-054. 4. 15 ft. Access and Utility Easement from La Fortuna Gardens, Inc. Taylor Dairy Road The Board accepted the Access and Utility Easement authorized the Chair to sign the Access and Utility Easement and directed staff to record the Access and Utility Easement in the Public Records of St. Lucie County, Florida. 5. County Attorney’s Office Reorganization The County Attorney recommends that the Board approve the proposed reorganization as set out in the attached memorandum. The Board approved the reorganization as requested by the County Attorney. 6. Quitclaim Deed – Gordy Road – Resolution No. 09-060 Consider staff recommendation to accept the Quitclaim Deed from the State of Florida, Department of Transportation, and Florida Turnpike Enterprise, authorize the Chair to sign Resolution No. 09-060 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. This item was pulled. 2 7. North Fork Greenway – Contract for Sale and Purchase – Hickory Branch Properties, Inc. – Parcel I.D. No. 2325-323-0001-000-3 The Board approved the Contract for Sale and Purchase of the Hickory Branch Properties, Inc. parcel for $260,000.00, authorized the Chair to execute the Contract and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida 8. Request to purchase two (2) Motorola Portable Radios (Model II 800 MHZ) along with Computer Aid Interface Software and a two-year service plan The Board approved two (2) radios along with the supporting software and two year service plus plan for Pretrial Officer Communication and safety. Furthermore, this purchase is endorsed and supported by the Sheriff for more effective communication between the Sheriff’s Deputies and the Pretrial Staff. The Board approved Budget Amendment #BA09-013 and the attached Equipment Request EQ-09-26. C. ENVIRONMENTAL RESOURCES Landscaping and Tree Mitigation Improvement Agreement with Woods Family Partnership II, developers of Treasure Coast Lexus, in the amount of $16,039.00 The Board approved the Landscaping and Tree Mitigation Improvement Agreement with Woods Family Partnership II, developers of Treasure Coast Lexus, in the amount of $16,039.00 and authorized the Chair to sign the Agreement. D. GRANTS 1. Approve the Art in Public Places Annual Plan for 2008/09 as recommended by the Art in Public Places Committee. The Board approved the Art in Public Places Annual Plan for 2008/09. D. GRANTS - CONTINUED 2. Approve allocating Tourism Capital Funds toward the construction of a brick paver sidewalk and small parking area for the Zora Neale Hurston Heritage Trail. The Board approved allocating Tourism Capital Funds toward the construction of a brick paver sidewalk and small parking area for the Zora Neale Hurston Heritage Trail. E. CENTRAL SERVICES First Extension to Contract C06-04-408 with Life Safety Systems, Inc. to provide fire sprinkler system inspection, testing and maintenance for County facilities. The Board approved the First Extension to Contract #C06-04-108 with Life Safety Systems, Inc., to provide fire sprinkler system inspection, testing and maintenance for County facilities. This First Extension will extend the term of the contract through and including April 10, 2010. The Board authorized the Chair to sign the First Extension as prepared by the County Attorney. F. ADMINISTRATION/TOURISM First extension and increase to contract C07-11-670 with Comet Creative, Inc. to provide advertising services for the St. Lucie County Tourism Division. The Board approved the first amendment for a one-year renewal option and increase to Contract C07-11-670 with Comet Creative, Inc. to provide advertising services for St. Lucie County Tourism. The first renewal option will extend the term of the contract through November 6, 2010 and will increase the monthly retainer of this contract from $4,167 to $8,250 beginning February 1, 2009. In addition, consider a $50,000 increase of additional monies for expanded duties under the St. Lucie County TDC/Grand Bahama Island Partnership initiative. The 3 Board authorized the Chair to sign the first amendment as prepared by the County Attorney. G. PUBLIC SAFETY 1. Request to award Request for Proposal (RFP) #08-072, Digital Microwave System for the new Emergency Operations Center to Communications International, Inc. in the amount of $182,725.81. The Board approved awarding the Request for Proposal (RFP) #08-072, Digital Microwave System for the new Emergency Operations Center to Communications International, Inc. in the amount of $182,725.81 and authorized the Chair to sign. The Board approved Budget Amendment #BA09-012. 2. Request to award Request for Proposal (RFP) #09-014, Central Communications Dispatch Consoles for the new 911 Center located at the new Emergency Operations Center to Xybix Systems, Inc. in the amount of $345,740.00. The Board approved awarding the Request for Proposal (RFP) #09-014, Central Communications Dispatch Consoles for the new 911 Center located at the new Emergency Operations Center to Xybix Systems, Inc. in the amount of $345,740.00 and authorized the Chair to sign. The Board approved Budget Amendment #BA09-011. H. ADMINISTRATION/HUMAN RESOURCES Reclassification of Environmental Resources Director position from pay grade EX- 1 to EX-4. The Board approved the Environmental Resources Director position to be reclassified from EX-1 salary range $54,504.80 - $88,112.41 to EX-4 salary range $70,723.84 - $113,047.80 Reclass Req. # RC09-002 I. COMMUNITY SERVICES 1. FY 2008/2009 Community Services Block Grant (CSBG) Modification of Agreement with Florida Department of Community Affairs and Budget Resolution No. 09-061 to budget the additional funds. The Board approved the proposed Modification Agreement with the Florida Department of Community Affairs for the FY2008-2009 Community Services Block Grant and Resolution No. 09-061 to budget the funds, and authorized the Chair to sign all necessary documents. 2. Consider staff recommendation to approve Resolution No. 09-045 transferring a surplus lot to Habitat for Humanity to construct affordable housing for an approved first time homebuyer. The Board approved approve Resolution No. 09-045 to transfer a surplus lot to Habitat for Humanity to construct affordable housing for an approved first time homebuyer, authorized the Chair to sign the deed as prepared by the Property Acquisition Division, and record in the Public Records of St. Lucie, County, Florida. 3. Approval of Budget Resolution No. 09-058 to budget the funds from the State FY09 State Housing Initiative Partnership (SHIP) second and third quarter distributions. The Board approved Budget Resolution No. 09-058 to budget the funds from the State FY09 State Housing Initiative Partnership (SHIP) second and third quarter distributions. 4. Approval of Budget Resolution No. 09-056 to budget the funds from the FY 2008 HOME Investment Partnership allocation. The Board approved Budget Resolution No. 09-056 to budget the funds from the FY 2008 HOME Investment Partnership allocation. 5. Approval of Amendment No. 1 to reduce the grant allocation for the My Safe Florida Home Program to $750,000. 4 The Board approved Amendment No. 1 to reduce the grant allocation for the My Safe Florida Home Program to $750,000 and authorized the Chair to sign necessary documents. J. MANAGEMENT AND BUDGET Request to approve Budget Resolution 09-059 to establish the budget for the grant to repair damage caused by Tropical Storm Fay. The Board approved Budget Resolution 09-059 to establish the 2009 budget for the grant, and to approve using up to $1,161,414 from Emergency Reserves to match 25% of the project. K. PUBLIC WORKS 1. Verada Ditch Emergency Repair Related to Tropical Storm Fay The Board approved the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the Verada Ditch Emergency Repair Project. 2. Taylor Creek (Site 7) Shoreline Emergency Repair from Tropical Storm Fay damages. The Board approved the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the Taylor Creek Site 7 Shoreline Emergency Repair Project. PUBLIC HEARINGS VII. PUBLIC HEARINGS GROWTH MANAGEMENT Petition of Doctor Kenneth Palestrant, for a 12-month extension of the date of expiration for the Planned Non-Residential Development (PNRD) project known as Midway Road Professional Plaza located on the northeast corner of West Midway Road and Christensen th Road, approximately 1/4 mile west of the South 25 Street and West Midway Road intersection (BCC File No. 720081501). Consider staff recommendation to adopt Resolution No. 09-005 granting a 12-month extension to the Final Planned Development Site Plan known as Midway Road Professional Plaza PNRD. Staff advised the Board that due to an error on the signage, the applicant requested this item be continued to March 10, 2009. Com. Grande requested staff review the language in condition 13 D where he felt it may be ambiguous regarding the opaque barrier and requested it be made consistent with the balance of the paragraph. Com. Dzadovsky requested it be made clear that any habitat will not be cleared prior to development. It was moved by Com. Craft, seconded by Com. Grande to continue this item to March 10, 2009 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. GROWTH MANAGEMENT Request by Merigold Investments, Inc. for Road Impact Fee (RIF) Credits, as shown in the attached RIF Agreement 09-001, and Release of a Claim of Lien for PSL Permit 0630876. The total lien on the applicant’s property is in the amount of $54,846 of which $47,127.40 is assessed for road impact fees. This lien was recorded based upon a failure of the applicant to pay County impact fees. 5 Consider staff recommendation to approve the RIF Agreement 09-001 with Merigold Investments, Inc. in the amount of $2,923.00 contingent upon proof of the dedication/conveyance of 287 sq. ft. of right-of-way. Staff is only recommending that $2,923.00 of the full lien be granted satisfaction at this time as it pertains to Port St. Lucie (PSL) Permit 0630876. Staff advised t he Board the property presently has a $ 56.000 lien due to non-payment of county impact fees. They do not recommend a waiver and believe they can only allow a credit in the amount of $2,900 based on the conveyance of 287 feet of right of way. Mr. Steve Ball representing the applicant addressed the Board on this item. He stated they are requesting a waiver of impact fees not a credit. Com. Coward stated he believes this would set a precedent and is not in support of waiving impact fees. Com. Grande stated they needed to appeal to the city of Port St. Lucie to reinstate the process of the past where they collected the impact fees and then forwarded them to the county. He felt this would give those building the full picture of how much in impact fees they are required to pay. Com. Dzadovsky stated the applicant needed to consider the improvements to the project that would be a benefit such as sidewalks and roads. It was moved by Com. Coward, seconded by Com. Grande, 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 the Circuit Court 6