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HomeMy WebLinkAboutBOCC Minutes 01-06-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 6, 2009 Convened: 6:00 p.m. Adjourned: 8:33 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Growth Management Director, Don West, Public Works Director, Jack Southard, Public Safety Director, Diana Lewis, Airport Director, Joseph Smith, Clerk of the Circuit Court, Debra Brisson, Parks and Recreation Director, Carl Holeva, Human Resources Director, Jeff Johnson, Senior Planner, Millie D. Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 16, 2008 meeting. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve the minutes of the meeting held December 16, 2008, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for January 6, 2009. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident, addressed the Board regarding the South Beach area of the county and gave a brief history. Mr. Arena felt the area was extremely eroded. The Honorable Joseph E. Smith, newly elected Clerk of the Courts for St. Lucie County, addressed the Board and offered his assistance to the Board as the new Clerk. Mr. Frederick Jackson, 115 Academy Drive resident, addressed the Board and advised them due to his prior conviction as a sex offender he was recently advised by the Sheriff’s office that he would need to relocate. He asked the Board if they were considering any discussion in the future regarding where this type of offender would be able to live with some stability. The Board directed Mr. Jackson to meet with the Assistant County Attorney in hopes that she may answer his questions. The Sheriff’s Office representative advised the Board the Sheriff’s department is also working with Mr. Jackson regarding this issue. UNAGENDAD ITEMS Resolution No. 09-027- A Resolution commending Mr. Douglas M. Anderson for over thirteen years of outstanding service as County Administrator and Assistance County Administrator for St. Lucie County, Florida. It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09-027, and; upon roll call, motion carried unanimously. Resolution No. 09-028- A Resolution honoring Mr. Douglas M. Anderson for exemplifying outstanding citizenship through his major contribution to our community in the field of Government by dedicating and naming the new Emergency Operation Center on Midway Road as the “Douglas M. Anderson Emergency Operations Center” in St. Lucie County, Florida. 1 It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 09-028, and; upon roll call, motion carried unanimously. VI. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A.WARRANTS Approve warrant list No. 12, 13 & 14. The Board approved Warrant List Nos. 12, 13 and 14. B.COUNTY ATTORNEY 1. Logistics Center – Facilities Use Agreement with Girl Scouts of Southeast Florida, Inc., for 2009 Girl Scout Cookie Distribution – Consider staff recommendation to approve the proposed Facilities Use Agreement with Girl Scouts of Southeast Florida, Inc., and authorize the Chairman to sign the Agreement. The Board approved the proposed Facilities Use Agreement with Girl Scouts of Southeast Florida and authorized the Chairman to sign the agreement. 2. Humane Society of St. Lucie County, Inc. – Third Amendment to October 1, 2006 Agreement – Consider staff recommendation to approve the proposed Third Amendment to the October 1, 2006 Agreement with the Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the Third Agreement. The Board approved the proposed Third Amendment to the October 1, 2006 Agreement with the Humane Society of St. Lucie county Inc., and authorized the Chairman to sign the Third Agreement. 3. Midway Road Right-of-Way – North St. Lucie Water Control District – Adjacent to property formerly owned by International Alzheimer’s Foundation Trust, Inc. – Resolution No. 09-013 – The Board accepted the Fee Simple Deed, authorized the Chairman to sign Resolution No. 09-013 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 4. Airport West Commerce Park – 20’ Drainage Easement – The Board approved the Drainage Easement, authorized the Chairman to execute the Easement and directed staff to record the Easement in the Public Records of St. Lucie County, Florida. C. GROWTH MANAGEMENT Approve the Second Amendment to Contract C08-03-189 with Municipal Corporation to extend the term of the Contract until 12/31/09 – The Board approved the amendment to the Contract for extension of time and authorized the Chairman to sign. D. PUBLIC WORKS 1. Request the Board approval of Railroad Reimbursement Agreements from Florida East Coast Railroad (FEC) and Florida Department of Transportation (FDOT) for safety improvements at Midway Road and Walton Road railroad crossings; and approval of Resolution #08-386, and authorization for signature by Chair – The Board approved the Railroad Reimbursement Agreements from Florida East Coast Railroad (FEC) and Florida Department of Transportation (FDOT) for safety improvements at Midway Road and Walton Road railroad crossings; and approved Resolution #08-386, and authorized the Chairman to sign. th 2. SR 615 South 25 Roadway Widening (Midway Road – Edwards Road) – Construction Engineering and Inspection Services – The Board approved the Fifth Amendment to Work Authorization No. 1 (C03-05-645) which amends Kimley-Horn and Associates contract to reflect a $50,000 2 increase for construction engineering inspection services and a time th extension relative to bridge repairs for the South 25 Street Roadway Widening Project (Midway Road – Edwards Road) and authorized the Chairman to sign. th 3. SR 615 S. 25 Roadway Widening (Midway Road – Edwards Road – Geotechnical Engineering and Construction Materials Testing – The Board approved the Ninth Amendment to Work Authorization No. 16 (C03-05-645) which amends the Dunkelberger Engineering & Testing, Inc. contract to reflect a $20,000 increase for geotechnical engineering and construction materials testing services and a time extension relative th to bridge repairs for the S. 25 Street Roadway Widening project (Midway Road – Edwards Road), and authorized the Chairman to sign. 4. Avenue J Pedestrian Bridge over Drainage Ditch No. 2 – The Board approved Change Order No. 1 to the contract with Sheltra & Sons Construction Company, Inc. (C08-02-053) for the Avenue J Pedestrian Bridge over Drainage Ditch No. 2 in the amount of $8,257, and authorized the Chairman to sign. 5. Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 67 – The Board approved Change Order No. 1 to the contract with Johnson-Davis, Inc., (C08-11-540) for repair of Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 67 in the amount of $22,800 and authorized the Chairman to sign. 6. Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 64 – The Board approved Change Order No. 1 to the contract with Johnson-Davis, Inc., (C08-11-541) for repair of Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 64 in the amount of $22,000 and authorized the Chairman to sign. 7. Award of Bid #09-006 Striping and Pavement Markings – The Board approved awarding the contract of striping and pavement markings to both Whiteleaf, Inc. (Gene’s Striping) and Oglesby Construction, Inc. 8. Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 68 – The Board approved Change Order No. 1 to the contract with Sheltra & Son Construction Company, Inc., (C08-10-463) for repair of Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 68 in the amount of $2,688.20 and authorized the Chairman to sign. E.GRANTS 1.Approve an agreement with the Florida Division of Emergency Management (FDEM) to accept grant funding from FDEM and the Federal Emergency Management Agency (FEMA) for disaster relief funding from Tropical Storm Fay – The Board approved the agreement and accept disaster relief funding from FDEM and FEMA. 2.Approve changing the name of the St. Lucie County Historical Museum to the St. Lucie County Regional History Center – The Board approved changing the name of the St. Lucie County Historical Museum to the St. Lucie County Regional History Center. 3.The Board approved: (1) changing the pending grant agreement to move $2,000,000 in anticipated County Incentive Grant Program (CIGP) funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection; (2) moving $500,000 from the Transportation Bond funds designated for Kings and Orange to the Transportation Bond funds designated for Kings Highway and Indrio Road; and (3) continuing to work with FDOT for the most beneficial solution for maintaining and maximizing the $2,000,000 CIGP funding. 4.Request submittal of a grant application to the Florida Department of Transportation (FDOT), School Infrastructure Pilot Program, in the amount of $5,000,000, to be used toward the cost of constructing the intersection at 3 Kings Highway and Orange Avenue – The Board authorized the submittal of a grant application to the Florida Department of Transportation (FDOT), School Infrastructure Pilot Program, in the amount of $5,000,000, to be used toward the cost of constructing the intersection at Kings Highway and Orange Avenue. 5.The Board authorized the submittal of applications to Wal-Mart, Lowes and CVS Pharmacy for funding to cover the approximately $23,500 cost of materials for the build-out of a no-pay access to health care clinic designed to serve the uninsured and under-insured of St. Lucie County F.PARKS AND RECREATION 1.Tradition Field Proposed pricing for the 2009 Baseball Season – The Board approved Sterling Facility Services, LLC’s proposed 2009 pricing for the following areas of operation: tickets, parking, programs and concessions at Tradition Field. 2.Approval of Budget Amendment No. BA09-008 Transferring Funds for the installation of a Pervious Concrete Pad for the Playground Safety Surface at MLK, Jr./Dreamland Park – The Board approved Budget Amendment BA09- 008 to transfer $9,640 from Account No. 001-7210-546200-700 Parks Maintenance Improvement Projects into Parks Infrastructure Capital Fund Account No. 001-7210-563000-7697. 3.Increase Change Fund for the Havert L. Fenn Center – The Board approved increasing the change fund assigned to the Havert L. Fenn Center to $225. 4.Award of RFP 09-010/Services of a Tennis Professional – The Board accepted the revised proposal from Woody Newson, Inc., for the Services of a Tennis Professional and award the RFP and authorized the Chairman to sign the contract as drafted by the County Attorney. G.SHERIFF’S OFFICE Draw Request – January 2009 – The Board approved the Sheriff’s double draw request for January 2009 in the amount of $10,881,345.50. H.INFORMATION TECHNOLOGY Request Board approval to renew the second amendment extension to contract C07-03-171 exercising the second one year renewal option and extending the contract through September 30, 2009 between St. Lucie County and R&S Integrated Products in the amount of $28,088 – The Board approved the request to renew the annual maintenance and the Board sign the contract extension between St. Lucie County and R&S Integrated Products in the amount of $28,088. I.ECONOMIC DEVELOPMENT Request approval to amend the Economic Development Council Grant for 2008- 2009 by increasing the Grant from $150,000 to $250,000 – The Board approved the amendment for the increase of $100,000 to the Grant and authorized the Chairman to sign. The total County Grant to the EDC for 2008-2009 would be $250,000. J.ADMINISTRATION 1.Jail Medical Wing and 100-bed Minimum Security Dormitory-Type Facility – The Board approved going out for proposals for design and engineering services to engineer and design renovations and expansion of the jail medical wing and 100-bed minimum security dormitory-type facility and granted permission to advertise for RFP. 2. Airport Master Plan Update Technical Advisory Committee – The Board ratified the fourteen (14) recommended appointees to the Airport Master Plan Update Technical Advisory Committee. 4 3. Proposed New Distributor Operation – Letter of Intent (LOI) – The Board approved the September 22, 2008, Letter of Intent Agreement with the proposed new distributor operation. K. COMMUNITY SERVICES 1.Donation of Surplus Equipment – The Board approved donating eight (8) computers and accessories to the new Volunteer Income Tax Assistance site at the Church of Philadelphia of the Nazarene, a non-profit community organization, and remove them from the County’s Fixed Asset Inventory records. 2.Permission to advertise Requests for Proposals for services necessary to administer the Neighborhood Stabilization Program – The Board approved advertising Requests for Proposals for services necessary to administer the Neighborhood Stabilization Program. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 09-003 (formerly No. 08-031) – Amending Section 7.10.23(N)(3) of the Land Development Code – Revise Separation Requirements for Telecommunications Tower Height Requirements and Minimum Standards – No action required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 20, 2009, at 6 p.m. or soon thereafter as may be heard. No action required, the second reading of this Ordinance is scheduled for Tuesday, January 20, 2009 at 6:00 p.m. or as soon thereafter as it may be heard. B. COUNTY ATTORNEY Ordinance No. 09-002 – Economic Development Ad Valorem Tax Exemption – Ineligible Business or Industry – Consider staff recommendation to adopt Ordinance No. 09-002 as drafted and authorize the Chairman to sign the Ordinance. The County Attorney addressed the Board on this item and advised them of the various violations businesses may have opposed to environmental violations. It was moved by Com. Coward, seconded by Com. Craft, to approve Ordinance No. 09-002, and; upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT Petition of International Airport Business Park, LLC., for a Proportionate Fair Share and Road Impact Fee Credit Agreement for the intersection improvements to Kings Highway and St. Lucie Boulevard to support the project known as International Airport Business Park located at the southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial Light) zoning district – Consider staff recommendation to adopt Draft Resolution No. 09-004 that grants approval to the Proportionate Fair Share and Road Impact Fee Credit Agreement, which complies with Condition of Approval Number 4 of Resolution No. 09-003 regarding the cost of intersection improvements on Kings Highway to serve the project known as International Business Park. Ms. Noreen Dwyer, Ruden McCloskey was present to answer any questions the Board may have. It was moved by Com. Coward, seconded by Com. Grande to approve staff recommendation, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS VIII. GROWTH MANAGEMENT Petition of International Airport Business Park of St. Lucie County, LLC for a second 12-month extension to a previously approved Major Site Plan for the 5 project known as International Airport Business Park located at the southwest corner of Cayuga Avenue and St. Lucie Boulevard in the IL (Industrial Light) Zoning District – Draft Resolution No. 09-003 – Consider staff recommendation to approve the extension through the adoption of Draft Resolution No. 09-003. The Growth Management Director addressed the Board on this item. The Senior Planner reviewed the item for the Board and pointed out this is the second request by the applicant for an extension. Com. Coward commented on the idea of bringing the request before the Board prior to the expiration. Com. Lewis stated they probably would need to change the code. Com. Grande stated he does not believe anything is automatic and it is incumbent of the applicant to file his application for his extension prior to the expiration and once he has met that requirement then it is really a matter of staff time. He would hate to limit the staff on how long they have to get the application in front of the Board. Com. Dzadovsky pointed out that they are not actually giving an additional extension since the actual starting time of the extension was from August 2008 to August 2009, technically they only have 8 months... Com. Coward stated he believed they should have a specified time. Technically they have exceeded their expiration date. He believes they should come before the Board prior to the expiration occurs to receive input from the Board and to prescribe a certain amount of time for staff to review it. Com. Grande stated he believed they cannot move forward after the original expiration date until the Board approves to do so. Com. Coward stated he believed the merit of the project should be discussed prior to the expiration of the project. The Growth Management Director stated the requirement is that the applicant file the application two weeks prior to the expiration date. This is a short period of time. They can look to extend the time forward to 90 days prior to the expiration date. However, he is concerned that staff may overlook notifying the applicant of the time period. Com. Craft concurred with Com. Coward however he believes they have an obligation to the public to let them know when and how long this project would take and they need to have all expectations noted. The Asst. County Administrator recommended taking the Board comments into consideration and coming back with options. Com. Coward addressed the take permit for Scrub Jays noted in the document. The Environmental Services representative stated in this case it would be a take of habitat. She alluded to an e-mail from the Fish and Wildlife. Com. Coward questioned if the money would come back to the County. The County Attorney recommended writing a letter regarding the funds indicating the Board’s desire the money be spent locally in the county. He believes the County does not have ability to prefer where this money goes. Com. Coward stated he would like to find a way to make the state re-invest those monies back in the county. The County Attorney stated they would try what ever it takes to achieve the Board’s objective. Dr. Haney, the Environmental Consultant for the project addressed the Board and stated there is a Federal Mandate by the Fish and Wildlife and the money goes to a Nature Conservancy Fund not to Tallahassee. The Nature Conservancy funds are used for habitat management in that general area. 6 Com. Craft recommended including the letter as suggested by the County Attorney with the specific language requesting the money be allocated within quadrant as noted by the Consultant and also direct ERD to have a conversation with the Fish and Wildlife so that they can come to a conclusion Com. Coward recommended the second part of the recommendation should be in the original letter. It was moved by Com. Craft, seconded by Com. Dzadovsky to approve staff recommendation to include the letter as suggested by the County Attorney to include language as indicated by himself and Com. Coward, and; upon roll call, motion carried unanimously. IX. COUNTY ATTORNEY 1903 Edwards Road, Fort Pierce, FL – Unsightly and Unsanitary Conditions – Consider staff recommendation to authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. THIS ITEM WAS PULLED PRIOR TO THE MEETING. x.ADDITION Staff recommends discussion on Draft Annexation Agreement between St. Lucie County, Treasure Coast Education, Research & Development Authority and City of Ft. Pierce. The Asst. County Administrator addressed the Board on this item and stated what she got out of the meeting she attended was that the City wanted the Board to identify the specific areas of concern and maybe query areas of the agreement and th have that back to them for the meeting on the 20 of January. The intent of the th City is to bring back a discussion on the 20 regarding the annexation of the Research and Education Park. In the comments made by the City Manager, David th Recor, she gathered they would be having a discussion on the 20 of January with the discussion or input from the Board of County Commissioners on the draft agreement as well as discussion on their staff analysis of the 171 agreement or the process the county has initiated. The City Commission may then give staff direction as to which agreement they should pursue. Com. Grande stated that he was at the meeting and according to the comments made by the City Manager and Commissioner Beck; this was not the impression he had. The impressions that they gave was that no one was happy with the agreement and they were reviewing it only because they had received it and he believes they want this agreement taken off the table so everyone can be concentrating on the conflict resolution. He believes the agreement should not be the basis for negotiations but the conflict resolution should be. He asked the Research Board to pull it from consideration. Com. Coward requested a copy of the audio of the meeting be given to the entire Board. He has not seen the agreement until recently. He would like to get himself educated on their precise position before being asked to weigh in himself. Com. Dzadovksy stated there was an issue of time. The second reading is scheduled th for the 20 of January. They are using this as a pressure point to have some kind of movement by the Board to have some resolve and substantial changes. He believes if Growth Management could review their comments from the meeting regarding section 5-A (Land Use Plan) he believes they could move pretty quickly on this issue. 7 They are looking to move with the annexation with or without the county’s consent th on January 20. He advised the Board of the various issues the city had according to his notes from the meeting. He concluded by saying that they need to move forward and show progress. He has concerns that they may be looking at this two ways, one being he believes the agreement should be strictly for the Research and Education Park and 171 should encompass all the other issues with the Airport, annexation and what they are trying to throw into one big pile. He believes the two issues should be separated. Com. Grande stated he believes they are in the process of drafting a letter th requesting the city delay the January 20 action so that the county can do what they need to do. Com. Lewis stated she has concerns and believes this is a rush to annex due to the collection of taxes they may lose and she would like to be able to review the minutes of the meeting and take it from there as well as the audio. After continued discussion, it was the consensus of the Board to schedule a th workshop prior to the January 20 meeting and also to obtain a copy of the meeting audio the City Commission held so that the Board members who were not present could review their comments and concerns. Also staff was directed to draft a letter for the Chair’s signature requesting a continuance on the issue. There being no further business to be brought before the Board, the meeting was adjourned. ________________________________ Chairman ________________________________ Clerk of the Circuit Court 8