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HomeMy WebLinkAboutBOCC Minutes 01-10-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORID REGULAR MEETING Date: January 10, 2006 Convened: 9:00 a.m. Tape: 1-2 Adjourned:11:20 a.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Frannie Hutchinson, Paula A. Lewis, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Heather Young, Asst. County Attorney, Pete Keogh, Parks and Recreation Director, Don West, Public Works Director, Jack Southard, Public Safety Director, Marie Gouin, M & B Director, Jim David, Mosquito Control Director, Ed Parker, Purchasing Director, Vanessa Bassey, Environmental Resources Director, David Kelly, Planning Manager, Larry Daum, Tourist and Economic Development Manager, Mike Pawley County Engineer, Millie Delgado- Feliciano, Deputy Clerk 1.MINUTES (1-024) It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held December 20, 2005, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS The County Administrator read upcoming scheduled events and meetings. 3.GENERAL PUBLIC COMMENTS ( 1-112) Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the mega yacht industry . Com. Coward advised everyone present the Board has supported the revision of the Port Master Plan for the mega yacht industry. 4.CONSENT AGENDA (1-235) It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the Consent Agenda with item C-2H pulled and with the notation that items C3F and C3H have been presented to the Recreation Advisory Committee and approved, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 12, 13 and 14. 2.COUNTY ATTORNEY A.Resolution No. 05-023 Extending the State of Emergency for Hurricane Frances; and Resolution No. 05-024 Extending the State of Emergency for Hurricane Jeanne; the Board approved Resolution Nos. 05-023 and 05-024 and authorized the Chairman to sign the Resolutions. B.Resolution No. 05-025 extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 05-025 and authorized the Chairman to sign. 1 C.Ordinance No. 06-006- Amending Section 1-20-17 of Division of Article 11 of Chapter 1-20 Code of Ordinances, St. Lucie county, Florida by prohibiting parking on Metzger Road both sides the entire length of the right of way, 200’ on the north side and 245’ on the south th side from Angle Road to N. 39 St., and by prohibiting parking on th north 39 St., both sides the entire length of the right of way, 210’ on the east side and 244’ on the west side from Metzger Road intersection and 250’ south of the Metzger Road intersection both sides - The Board approved permission to advertise Ordinance No. 06-006 as drafted. D.Revocable License Agreement- North Savannas Flow Way –Top of Ridge Venture LLC- The Board approved the Revocable License Agreement and authorized the Chairman to sign the agreement. E.St. Lucie Landing- The Board approved the Subdivision Improvement Agreement and authorized the Chairman to sign the agreement. F.Palm Breezes Phase 1- Subdivision Improvement Agreement- The Board approved the Subdivision Improvement Agreement and authorized the Chairman to sign. G.Indemnification Agreement- Holiday Out Recreation Hall Association at St. Lucie- Official Polling Place for Precinct No, 15 and Precinct No. 54- The Board approved the Indemnification Agreement. H.This item was pulled. 3.PARKS AND RECREATION A.State of Florida Department of Agriculture and Consumer Services Grant- FDACS Contract No. 010475 and Budget Resolution No. 06- 013- The Board approved Budget Resolution No. 06-013 and acceptance of the grant from the Florida Department of Agriculture and Consumer Services in the amount of $175,000.00. B.State of Florida, Department of Agriculture and Consumer Affairs- FDACS Contract No. 010475 and Budget Resolution No. 06-012 - The Board approved Budget Resolution NO. 06-012 and acceptance of the grant from the Florida Department of Agriculture and Consumer Services in the amount of $21,200.00. C.Proposed admission, parking and menu prices at Tradition Field Stadium for the 2006 season- The Board approved the proposed 2006 price lists submitted by the Mets for Tradition Field Stadium. D.RFP Number 05-073 Horseback Riding on the Beach- The Board approved the proposal and awarded a contract t Alan and Colleen Hayes in response to RFP 05-073 and authorized the Chairman to sign the contract as drafted by the County Attorney. E.Purchase of one 11x 20 Shed for the Ft. Pierce Little League at Elks Park-Equipment Request No. 06-236 - The Board approved Equipment Request No. 06-236 in the amount of $4,510.00. F.Resolution No. 06-020- Sports Policy- The Board approved Resolution No. 06-020 adopting a Sports Policy for the Parks and Recreation Department. G.Resolution No. 06-019- Revised Recreation Facilities Rates and Fees- The Board approved Resolution No. 06-019. 2 4.MANAGEMENT AND BUDGET A.Approval of State Attorney request to purchase and install a new Photo nd ID and Proximity Card Access system at the 411 and 415 S. 2 St. office requesting usage of funds from the Technology $2.00 recording fees- The Board approved the State Attorney’s request to use funds from the Technology $2 recording fee. B.Sheriff’s office budget draw down request- The Board approved the Sheriff’s request for a double draw down of his budget for the month of January 2006 as outlined by Florida Statute . 5.COMMUNITY SERVICES Approval of Budget Resolution No. 06-017 to set up funds consistent with the approved Interlocal Agreement with the Ft. Pierce Housing Authority- The Board approved Budget Resolution No. 06-017 consistent with the Interlocal Agreement with the Ft. Pierce Housing Authority. 6.PUBLIC WORKS A.Road and Bridge Division- Approval of Waiver of a Traffic Impact Study for the Empress West- The Board approved the Waiver of a Traffic Impact Study . B.Road and Bridge Division- Approval of Waiver of a Traffic Impact Study for the Tailer’s Cove PUD- The Board approved the Waiver of a Traffic Impact Study. C.Engineering Division- Work Authorization No. 25 to the Contract with Dunkelberger Engineering and Testing- The Board approved Work Authorization No. 25 to the Contract for Professional Soil Testing Services with Dunkelberger Engineering for the Gordy Road Recreation Area in the amount not to exceed $12,500.00 and authorized the Chairman to sign. th D.Engineering Division SR 615 S. 25 St. Roadway Widening Midway Road –Edwards Road- The Board approved the First Amendment to Work Authorization No. 16 with Dunkelberger Engineering to provide geotechnical testing services in the amount not to exceed $100,000.00 th for the S. 25 St. Roadway Widening Project and authorized the Chairman to sign. E.Engineering Division- Approve Change Order No. 2 in the amount of $39,570.00 for the replacement and compaction of soils from Station 387+60 to 399+60 for the Water Main Extension SR 5 (US 1) Project, Easy St., north to Ulrich Road. Construction of the project is nearly complete. A final Change order for the replacement of compaction of soils for the remainder of the project is forthcoming- The Board approved Change Order No. 2. F.Code Compliance Division- Release of Order 2601 Walker Drive, Ft. Pierce, Fla.-The Board approved releasing the order. 7.SOLID WASTE Revised Equipment Requests- The Board approved Revised Equipment Request # EQ 06-200 for an air compressor approved during budget hearings for a total of $3,295(total budget impact $995), Equipment Request # EQ 06-227 for replacement Gator Utility vehicle at a total cost of $9,235, Equipment Request # 06-228 for a replacement printer at a total cost of $1,717 Equipment Request # 06-229 for a new radio for the Solid Waste Director’s vehicle at a total cost of $1,675 Equipment Request # 06-230 for a 3 replacement pump replacing one that failed at a total cost of $2,095 Equipment Request # 06-235 for one ice machine to replaced machine no longer working for a total cost of $1,952. 8.PURCHASING A.Approval of Hurricane Related Purchases- The Board approved the list of hurricane related purchases. B.Award Bid No 06-015 Purchase of one Skid Steer Loader- The Board approved awarding Bid No 06-015 to the low bidder, Mr. Lift Truck for a total purchase price of $39,989. C.Approval of First Amendment to Work Authorization No. 1 Continuing Engineering Services Contract No. 05-04-177 with LBFH, Inc.- The Board approved the First Amendment to Work Authorization No. 1. D.Approval of First Amendment to Work Authorization No. 4 to Continuing Engineering Services Contract C03-09-767 with LBFH Inc.- The Board approved Work Authorization No. 4. E.Scrivener Error on December 13, 2005 Agenda Request to Award Bid #06-011- Purchase and installation of two 12,000 gallon, above ground, fire resistant fuel tanks- The Board approved the correction to the scrivener error for Bid #06-011 awarded to Earth Remediation Services and authorized the Chairman to sign the contract in the corrected amount of $138,450 as prepared by the County Attorney. 9.ADMINISTRATION A.Request for Board consideration of placing a six month temporary tent structure and a storage shed on the north side of Chuck’s Seafood Restaurant- The Board approved the installation of a temporary tent structure and a storage shed at Chuck’s Seafood Restaurant for a period of six months, contingent upon Mr. Angelos obtaining a building permit from the City of Ft. Pierce. B.Commissioner Lewis appointment- The Board ratified Com. Lewis’ appointment of Marty Sanders to the Smart Growth Advisory Ad Hoc Committee. C.Commissioner Lewis appointment- The Board ratified Com. Lewis’ appointment of Johnathan Ferguson to the Transfer of Development Rights Advisory Ad Hoc Committee. D.Commissioner Lewis appointment- The Board ratified Com. Lewis’ appointment of Gary Roberts to the Transfer of Development Rights Advisory Ad Hoc Committee. E.Extension of Contract with Marlowe and Company for Federal Lobbyist Services- The Board approved entering into an agreement as drafted by the County Attorney with Marlowe and Company for the period of January 1, 2006 to December 31, 2006 in the amount of $24,000 for Federal Lobbyist Services other than beach renourishment. 10.PARKS REFERENDUM Work Authorization to Contract C05-05-248 Culpepper & Terpening, Inc., for boundary site survey and topography work at Lawnwood Recreation Complex- The Board approved Work Authorization to Contract C05-05-248 in the amount of $26,000 to Culpepper and Terpening. 4 11.PUBLIC SAFETY Certificate of Public Convenience and Necessity- Permission to Advertise for Public Hearing of A Quality Care Transport for Class F CON- The Board approved advertising for a public hearing to be held on February 14, 2006 at 9:00 a.m. or as soon thereafter as it may be heard. REGULAR AGENDA (1-338) 5.No Public Hearings 6.GROWTH MANAGEMENT Approval to amend a 2003 Job Growth Investment Grant with Twin Vee Power Cats, Inc., The amendment does not reduce the number of jobs to be created during the year two phase in period from 42 to 37 and result in a $14,000 payment- Staff recommends adjusting the number of jobs to be created in year two of the phase in to 37 from 42 and making a payout of $14,000. The total number of jobs to be created will not change. Next year Twin Vee will have to create 33 new jobs to meet the required job level in the agreement. Mr. Daum, Tourism and Economic Development Manager advised the Board the employer’s hourly wage is $15.84, which makes the pay rate higher than the agreement. Com. Coward stated he was in support of making minor adjustments since this company is meeting the new standards. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve staff recommendation, and; upon roll call, motion carried unanimously. 7.GROWTH MANAGEMENT Approval to amend a 1999 Job Growth Investment Grant with Bee Electronics- The amendment would adjust the number of jobs to be created from 77 to 69 and result in an $11,500 payment. Staff recommends adjusting the number of jobs to be created to 69 from 77 and making the last payout of $11,500. A revised Job Growth Investment Grant agreement is being developed that will have a partial payment clause that would allow for a payment in situations like the Bee Electronics. The intention is to foster job growth and the agreement should not be an all or nothing agreement. It should be flexible to compensate the business if they create a high percentage of the jobs. When the revised agreement is completed, it will be returned to the BCC for approval. Com. Coward advised the Board and staff this was the item in 1999 he had voted against due to the fact their wages were quite low and it also included the higher salaries. The original and vast majority of jobs created were less than $6.00 per hour without benefits. The fact that this project was under the last formula and were still not able to meet the minimum standard, he is not inclined to support this. He believes this is not the type of business they should be using taxpayer dollars to incentivize in St. Lucie County and will be voting against it. The Board was advised the executive salaries are included. Com. Coward stated the executive salary was substantial particularly relative to the normal wage earner. He stated they as a Board should not be supporting this item through this program. He hopes the Board would agree and not lower the standards even further. Even with the low standard, the company did not meet the minimum threshold and felt they do not have an obligation to reduce those standards further to help this company. Com. Hutchinson advised the Board this was one of the first companies in the job growth incentive program and the standards are now different. 5 Mr. Daum stated they have changed the standards dramatically since then and have included a 7% inflation factor on top of the standard rate. They are dealing with an old contract and agreement. Com. Hutchinson stated she agreed with Com. Coward, however, she is bound to stand by the agreement since it was the first one. Com. Smith suggested pulling this item and wait to receive information on the top salaries and review the information requested regarding the question of are those salaries in the equation or not and see the difference and he would like to know what those top salaries are. Com. Coward stated he felt no obligation to lower the standard or change the contract since they have not complied with the previous contract. Com. Hutchinson concurred with Com. Smith and stated she too would like to see the difference and how that played into the $9.14 rate. Com. Craft stated he believes they are being asked to do this, but what in turn have we asked from them? This should be a negotiation and he does not mind amending the contract, however we should receive something from them, maybe a raise for their employees over the next two years. If they want these additional funds from us then they need to get off the pocket book and reward those who are working for them. Com. Craft asked staff to take something to that affect back to the employer. Com. Lewis stated it appears they’ve had an increase in jobs and would like to see the rate absent the executive salaries. She is inclined to move forward and finish the contract. Com. Craft stated this should be a give and take and he does not consider a 50 cent an hour increase and this includes the executive salary. Com. Coward stated he believes there is a clear consensus not to move forward today due to the need of more information. Com. Smith asked if the controls are in place should they leave tomorrow? Staff advised him it does not have the clause in it but can be added. The Board requested the clause be added and bring the item back to the Board with the requested information. 8.ADMINISTRATION (1-945) Approval of the top five St. Lucie County Roadway projects for inclusion in the Regional Roadway Network for the Transportation Regional Incentive Roadway Network Program- Consider staff recommendation to approve these five project as the top five St. Lucie County Roadway projects for inclusion in the Regional Network for the Transportation Regional Incentive Roadway Network Program and authorize staff to transmit this project listing to the St. Lucie County MPO. A presentation was made by the Public Works Director. Com. Coward commented on possibly utilizing impact fees from the City of Port St. th Lucie since their growth has impacted Midway Road and 25 Street. After discussion, it was the consensus of the Board to switch number project number 3 to be number 5 and project number 5 be placed as number 3 on the list. 6 It was moved by Com. Smith, seconded by Com. Craft, to approve the list as amended, project 3 to be project 5 and project 5 to be project 3 as the Boards collective prioritization of projects on the list and transmit to the MPO, and; upon roll call, motion carried unanimously. 9.COUNTY ATTORNEY (1-2923) th South 25 St., Improvement Project- Peterson Parcel-Settlement Offer- Consider staff recommendation to approve the proposed offer. It was moved by Com. Smith, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 10.COUNTY ATTORNEY (1-2923) Lennard Road MSBU Improvement Project Henson Parcel- Settlement Offer- Consider staff recommendation to approve the proposed settlement offer. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call the vote was as follows: Nay: Smith, Aye’s: Hutchinson, Lewis, Craft, Coward; motion carried by a vote of 4 to 1. ADDITIONS RA-1. GRANTS Legislative Funding/Community Budget Issue Request Restoration of St. Lucie Savannas – Consider staff recommendation to authorize staff to submit the CBIR in the amount of $1,647,068 for wetland restoration of the St. Lucie Savannas. It was moved by Com. Craft, seconded by Com. Hutchinson, to authorize staff to submit the CBIR in the amount of $ 1,647,068 and; upon roll call, motion carried unanimously. RA-2. GROWTH MANAGEMENT Staff update on the Reserve DRI: NPOC and Island Club. Those present were advised by the Chairman that all Board members had received calls from the residents of the Reserve and he wished to inform everyone this issue relates to the DRI and not particularly for the Island Club issue. The Planning Manager gave a background review of the DRI and the development order. This development order has been modified 6 times . The Board expressed their concerns with certain aspects of the original order which to date have not been met. They wish to uphold the integrity of the original development order and will not approve continued development until this order has been met. Mr. Davidson representing Kolter Developers, alluded to the January 5, 2006 package that was sent to the Board for their review. He stated they would try to work through the NOPC with staff and asked the Board to consider submission as well as schedule the Island Club issue for an upcoming meeting. He stated he felt they were in compliance with the order. Ms. Pamela Hammer, President, Reserve Property Owners addressed the Board on this issue and recalled a previous meeting . She recalled there being a discussion of 4- 2acre parks to be located where the most number of residents could use them. They object to the developers’ position of there being a floating map. The Board asked staff to obtain information on the fire district parcel the development called for. 7 The Asst. County Administrator advised the Board there in fact were 2 parcels identified for the fire district and this information would be brought back to the Board. No action required, for information only RA.3 ADMINISTRATION (2-1408) Discussion on Skatetown USA. The Assistant Manager, Code Compliance presented an update on the Skatetown noise complaints received and provided the attached information. There being no further business to be brought before the Board, the meeting was adjourned. _______________________ Chairman ________________________ Clerk of Circuit Court 8