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HomeMy WebLinkAboutBOCC Minutes 06-27-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE, COUNTY, FLORIDA REGULAR MEETING Date: June 27, 2006 Convened: 9:00 a.m. Adjourned: 11:35 a.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Frannie Hutchinson, Paula A. Lewis, Joseph Smith Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Roger Shinn, Central Services Director, Vanessa Bassey, Environmental Resources Director, Don McLam, Asst. Central Services Director, Dennis Grim, Code Compliance Manager, Gayla Barwick, Tourism Manager, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held June 20, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.The Code Compliance Manager gave an update on the aluminum structures permitting. Examples of the various options were presented for car ports designed to the AAF Manual. B.The Florida Roundup Committee made a presentation regarding the National Bike Roundup event to be held on August 1-6, 2006 at the St. Lucie County Fairgrounds. C.Central Services- River Park Marina Building Community Workshops- A Presentation was made by Edlund Dritenbas Binkley Architects regarding the various options for the River Park Marina Building as determined by the general public. The County Administrator advised the Board there are no funds available in the capital budget. The County has received $273,000 from the insurance company. Mr. David Kaplan, Naranja Avenue resident, addressed the Board and stated he believed a larger facility would cause a problem with the already existing parking situation at the facility. Mr. Daniel Wade, Cruise boat owner, addressed the Board regarding the square footage of the new facility and stated many boat owners use the parking area and at this point they do not have enough parking places for everyone and placing a larger building will provide less spaces. Ms. Margie Hitchcock, PSL Yacht Club, addressed the Board in favor the new facility and asked they not down grade the Yacht Club Community Center to a pavilion style structure. Mr. David Hitchcock, PSL Yacht Club addressed the Board and provided a copy of the “investment for the future” newsletter the County releases addressing the County’s quality of life. He felt the new club was needed in order to provide a good quality of life for its residents. The Board informed the public they would not be taking a vote on this issue today, but will be discussing it further during the upcoming budget process. 1 3.GENERAL PUBLIC COMMENTS Ms. Diane Andrews, Queen Cove resident, addressed the Board regarding pool screen enclosures. She advised the Board of the various articles in the Palm Beach Post regarding various contractors installing enclosures without licenses. She asked the Board monitor these types of contractors and advised them she presently is in a situation with a contractor who she felt did not provide a good pool enclosure. Ms. Andrews also commended the Code Compliance Manager and the Supervisor for their professionalism in handling the code/contractor problems. 4.CONSENT AGENDA It was moved by Com. Hutchinson, seconded by Com. Lewis, 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. 38 2.COUNTY ATTORNEY A.Resolution No. 06-210- Extending the State of Local Emergency- Ban on Open Air Burning- The Board approved Resolution No. 06-210 and authorized the Chairman to sign the resolution. B.Assignment of Contract for Pond Doctor Inc.- C06-05-289- The Board approved the Assignment of Contract C06-05-289 to be signed by the Chairman. C.Revocable License Agreement- Pivotal Utility Holdings, Inc.. Beach Avenue River Park Unit- The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License and directed Pivotal Utility Holdings to record the document in the Public Records of St. Lucie County, Florida. D.Heathcote Botanical Gardens- Increase in admission fees- The Board approved the proposed fee increase effective July 1, 2006. E.Creekside Unit A- Subdivision Improvement Agreement- The Board approved the Subdivision Improvement Agreement and authorized the Chairman to sign the agreement. F.Smiegel Partners IX Orange Avenue Commercial Site- First Amendment to November 15, 2004 Development Agreement- Permission to advertise- The Board approved advertising two public hearings- July 18 and August 1, 2006. G.Budget Amendment No. BA06-161- requesting the transfer of $75,000 from Contingency Account No. 001-9910-599100-800) to Professional Services Account No. 001-1410-531000-100- The Board approved the transfer of $75,000 from Contingency as requested. 3.HUMAN RESOURCES Prison Health Services Inmate Health Aggregate Cap & Psychotropic Drug Invoices- The Board approved payment of PHS invoices in the amount of $ 401,502.02 per contract agreement. 2 4.PARKS AND RECREATION A.Fairgrounds ADA Accessibility Survey/Inspection and Report- The Board approved Work Authorization to EDBAA in the amount of $5,715.00 for architectural /engineering services at the County Fairgrounds to conduct an ADA accessibility survey/evaluation. B.Ice Machine Replacement at Tradition Field- Budget Amendment BA06-160 and Equipment Request EQ 06-286- The Board approved Budget Amendment BA 06-160 to purchase the ice machine at a cost of $4,457.00. 5.PUBLIC WORKS Permission to advertise for proposals - The Board granted permission to advertise for proposals from qualified firms to perform Property Acquisition Services under the limitations of the St. Lucie County Purchasing Manual and the Florida State Statutes. 6.INVESTMENT FOR THE FUTURE 1.The Board approved the Reallocation of IFF Funds in the amount of $22,718.00 to assist with additional funding for the Rock Road Jail Pod A-1 re-roofing project. 2.The Board approved sole bidder for Bid No. 06-071 Dependable Roofing Inc. re-roofing of Pod A-1 Rock Road Jail for $72,718.00 and approved entering into contract, as prepared by the County Attorney with Dependable Roofing for this project. 7.ENVIRONMENTAL RESOURCES Budget Amendment No. 06-159/Equipment Request 06-285- The Board approved Budget Amendment No. 06-159 and Equipment Request 06-285 to add an additional $4,200 to Machinery and Equipment from the General Fund Contingency for the purchase of a new boat motor. 8.PURCHASING A.Permission to advertise a RFP for Actuary Services- The Board approved advertising for RFP for Actuary Services for the department of Management and Budget. B.Change Order No. 1 to Contract C05-11-685- with Dependable Roofing- The Board approved Change Order No. 1 to Contract C05- 11-685 with Dependable Roofing, Inc. (adds $2700 to cover the supply and installation of sacrificial pads under lightning protection lines and extends the completion date until July 14, 2006 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. C.Seventh Amendment to Contract C02-11-124 with Aquagenix- The Board approved the seventh amendment to Contract C02-11-124 with Aquagenix (adds the Fairgrounds location, increases the contract amount not to exceed $61,500 and exercises the final one year renewal option extending the contract until November 11, 2007 and authorized the Chairman to sign the amendment as prepared by the County Attorney. D.First Amendment to Contract C05-11-708 with General Elevator Sales and Service, Inc.. for repair and maintenance services for county facilities- The Board approved the First Amendment to Contract C05- 11-708 with General Elevator Sales and Services (adds the Walton Road Annex elevator to contract and increase the amount by $1,340.00 3 for a new total of $16,117.64 per year) and authorized the Chairman to sign the Amendment as prepared by the County Attorney. E.Fixed Asset Inventory- Property Record Removal and permission to advertise Invitation for Bid to sell the list of equipment - The Board approved advertising Invitation for bid and the removal of the records from the fixed asset inventory. F.Approval of Hurricane Related Purchases- The Board approved the list of hurricane related purchases. 9.COMMUNITY SERVICES A.Request for Board approval of Budget Resolution No. 06-211- and approval of Amendment No. 2 to the Medicaid Non-Emergency Program Agreement- The Board approved Budget Resolution No. 06- 211 and authorized the Chair to sign Amendment No. 2. B.Purchase of computer- The Board approved the purchase of one computer for the Transportation Division of the Community Services Department and approved Equipment Request No. EQ 06-287. 10.UTILITIES A.Amendment No. 1 to Work Authorization No. 39 for Masteller & Moler- The Board approved Amendment No. 1 to Work Authorization No. 39 for Masteller & Moler to increase the estimated date of the time of performance to July 31, 2006. B.Approval of Amendment No. 1 to Work Authorization No. 4 for Masteller and Moler- The Board approved Amendment No. 1 to Work Authorization No. 4 to increase the estimated date of the time of performance to July 31, 2006. C.Approval of Release of Retainage- The Board approved the Release of Retainage and Final Payment Application for West Florida Maintenance Inc., for services related to the repair and painting of the South Hutchinson Island Water Reclamation Facility in the amount of $15,952.33. 11.ADMINISTRATION Citizen’s Budget Development Committee - The Board ratified Com. Coward’s appointment of Mr. Nathaniel Wells to the Citizen Budget Committee. 12.GROWTH MANAGEMENT Consider Draft Resolution No. 06-160 - The Board approved Draft Resolution No. 06- 160 granting the request of Hutchinson Island 45 Inc., for a Major Adjustment to a Major Site Plan Project known as Diamond Sands Subdivision. ADDITIONS CA-1. COMMUNITY SERVICES The Board approved the release of retainage for contract # C06-02-131 with Alton M. Silver III Corp. and authorized the Chairman to sign necessary documents. 4 ENVIRONMENTAL RESOURCES (6) (1:08:14) A presentation was made by Mr. Alan Fata with Florida Power and Light and Mr. Randy Hall with the Nuclear Regulatory Commission regarding the Dry Storage of used fuel assemblies at the St. Lucie Plant. REGULAR AGENDA 5.A COUNTY ATTORNEY (1:46:34) Continuation of Second Reading- Ordinance No. 06-022 Providing for a privilege fee for the abandonment of real property or Right of Way- Consider staff recommendation to approve Ordinance No. 06-022. The County Attorney addressed this item and recommended grandfathering in the applications already in process prior to the effective date. The Planning and Zoning Board recommended a change in sub-section C2 line 5 to add after the words “use of revenue coming in”, add “and for any other public use”. Com. Craft stated this issue continues to give him a problem and due to the comments made by the Property Appraiser, in his mind he continues to see if a person gives the County property, but the county did not take the value from their property. The property is still worth the same and they continue to be taxed the same. If something could be worked out with the ordinance and have a difference in definition of real property and right of way then he may be inclined to support a real property issue. Real Property would be something in the order of a park, big enough to build a home or a business or building as opposed to right of ways or roads that in his mind the county did not pay for we don’t have the value from it because we never took the value off of the original property owner. He would be willing to support an ordinance in this order the way it is written today he does not see how he can support it. Com. Smith stated he concurs with Com. Craft, however he took the Property Appraiser’s comments differently. He took into the consideration the property still having value and he considered what the county does when we have to go out and purchase right of way. He sees the reason behind this privilege fee and is inclined to support it. Com. Coward he was not sure the Property Appraiser was suggesting it would be status quo and he thinks there could be a change in the use, and he believes this is where they need to be looking at the valuation of the right of ways, they are not just strips of unbuildable land when they are brought into the adjacent property or in the instance of real concern when they did not pay for it either, it does provide additional development capability or option for them and it’s that value we should be asking a return for. He does not care whether the county paid for it or not, the county owns the property and the basic issue is why should he be giving away public land particular to an out of town developer, why should they reap windfall profits when we have shortfalls in our road system and we can be reinvesting back into our community. Com. Craft stated there are certain properties that do not make sense. We have a right of way that runs along a canal the county has never used, the homeowner adjacent has maintained the right of way since they have owned the home. We have no need for the right of way, it has no value to the county, no value to the public. He suggested possibly looking at this on a case by case basis. Com. Coward disagreed that the property would not have value to the public. He stated the property would have a natural habitat that could provide buffering and benefit, it could be a trail system. Com. Lewis stated she concurred with Com. Craft, and felt it was very circumstantial. She does not agree having an ordinance stipulating an across the board fee and would 5 support an ordinance applying a fee when appropriate, a blanket application is not in the best interest of the county or the community. Com. Hutchinson concurred with Com. Lewis’ statement. She does not support a blanket application across the board. Com. Coward encouraged specific recommendations to staff to rectify this in a way the Board members are comfortable. It was the consensus of the majority of the Board to direct the County Attorney to re- word the ordinance. Com. Hutchinson requested adding the option of adding the fee and it not be mandated to begin with. Com. Craft concurred with this recommendation as did Com. Lewis. The County Attorney stated the options available. They could continue this item for 2 weeks and review the specific language. He felt they needed to identify general criteria where the Board would have the option to apply. Com. Craft requested a clear explanation from the Property Appraiser as to how he deals with Right of Ways. Com. Hutchinson stated she would feel comfortable with having the ordinance re-written and brought back to the Board in two weeks. Ms. Jennifer Trefelner, White City addressed the Board and asked if the ordinance is passed it be made applicable to new applicants and those in the pipeline be grandfathered in. The County Attorney recommended bringing this back with recommended ideas from the County Administrator and staff on July 18, 2006 . Com. Coward asked if there are additional applications that come forward that there be some notification made to any potential applicant that the Board is currently reviewing this and not to assume that they will be receiving the property for free. It was the consensus of the Board to have this item brought back before the Board on July th 18 at 6:00 p.m. or as soon thereafter as it may be heard with the directed changes. 5.B COUNTY ATTORNEY (2:14:23) Application for Cable Television Franchise- Lifestream Holdings, LLC - Consider staff recommendation to approve Resolution No. 06-204 and authorize the Chairman to sign the Resolution. The County Attorney recommended the Resolution be amended on page 4 item C to state “ approved in writing by the Board of County Commissioners”, (not by the County Administrator). It was moved by Com. Smith, seconded by Com. Hutchinson, to approve Resolution No. 06-204 as amended, and; upon roll call, motion carried unanimously. 6. THIS ITEM WAS PREVIOUSLY HEARD. 7.COUNTY ATTORNEY (2:19:35) Prima Vista Crossing – Road Impact Fee Credits- Consider staff recommendation to approve the credit amount of $581,410.44 to Crescent and authorize a refund in the amount of $225,450.35 for road impact fees previously paid. 6 It was moved by Com. Hutchinson, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 8.THIS ITEM WAS DELETED. 9.CULTURAL AFFAIRS Request permission to provide $25,000 as matching funds- Consider staff recommendation to approve the request to provide $25,000 in matching funds. The Board requested information on the structural integrity of the house and the cost for renovations. It was moved by Com. Craft, seconded by Com. Lewis, to approve the request, and; upon roll call, motion carried unanimously. 10.MANAGEMENT AND BUDGET Auditor Selection Committee- Consider staff recommendation to authorize the Management and Budget Director to advise the constitution officers of the fact that an auditor selection committee must be established in accordance with Florida Statutes. Further, the Board designate an individual to represent them on the selection committee. Staff also requested permission to advertise for RFP. It was moved by Com. Smith, seconded by Com. Craft, to approve staff recommendation to notify the constitutional officers, approved advertising the RFP and appoint the Management and Budget Director as the Board’s designee to represent them on the selection committee, 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