City Council

121 SW Port St. Lucie City of Port St.Lucie Blvd. Port St. Lucie, Florida 34984 City Council Meeting Minutes Gregory J. Oravec, Mayor Stephanie Morgan, Councilwoman, District I John Carvelli, Councilman, District II Shannon Martin, Vice Mayor, District III Jolien Caraballo, Councilwoman, District IV Tuesday, November 12, 2019 6:30 PM Council Chambers, City Hall 1. Meeting Called to Order A Regular Meeting of the CITY COUNCIL of the City of Port St. Lucie was called to order by Mayor Oravec on November 12, 2019, at 6:30 p.m., at Port St. Lucie City Hall, 121 SW Port St. Lucie Boulevard, Port St. Lucie, Florida. 2. Roll Call Council Members Present: Mayor Gregory J. Oravec Vice Mayor Shannon Martin Councilwoman Stephanie Morgan Councilman John Carvelli Counclwoman Jolien Caraballo Present: Mayor Gregory J. Oravec Vice Mayor Shannon M. Martin Councilwoman Stephanie Morgan Councilman John Carvelli Councilwoman Jolien Caraballo 3. Invocation & Pledge of Allegiance The City Clerk gave the Invocation, and Mayor Oravec led the assembly in the Pledge of Allegiance. 4. Proclamations and Special Presentations 4.a Award of gratitude - Presentation to Consumer Member for 2019-976 Contractor Examining Board Building Code Administrator Dramis gave an overview of the Contractors' Examining Board and the Consumer position. Mayor Oravec presented the Plaque to Jan Gallo, who stated that her time on Page 1 of 27 City Council Meeting Minutes November 12, 2019 the Board was enlightening. She noted that when people did work without a license, it took from those who worked hard to become licensed. She said that since the meetings were televised, it should serve as notice to those doing work that they should not be doing. Ms. Gallo commended the members of the Contractors' Exam Board, as well as those who worked hard to find people doing the improper work. Proclamation - National Adoption Month (Clerk's Note: This Item was added at the meeting by Mayor Oravec.) Mayor Oravec read the Proclamation aloud, and presented it to Vicky Stromack, Family Licensing and Support Specialist, Place of Hope. She stated that Place of Hope had been providing services on the Treasure Coast for 5 years, and they serviced the largest children's organization in South Florida. Ms. Stromack informed that the Paradise Found dinner would be held at the Adams Ranch on December 6th. She said that one could also donate to a child's wishlist for Christmas, and thanked the City Council for their support. Proclamation - Nurse Practitioner Week (Clerk's Note: This Item was added at the meeting by Mayor Oravec.) Mayor Oravec read the Proclamation aloud and presented it to Karin Klause, ARNP, and Dr. Nancy Harris, ARNP, Members of the Treasure Coast Nurse Practioners. Ms. Klause thanked the City Council for their support, and stated that nurse practitioners helped to keep the community healthy. 5. Public to be Heard David Chenoweth asked whether the proposed 7-Eleven at Verano complied with the Convenience Store Safety Act, whether there would be a cut-out for the left-hand land or u-turn at the Crosstown Parkway, whether there would be be a traffic study to analyze ingress and egress, and whether there would be a discussion about reduced hours. David Poscich thanked Councilwoman Caraballo, the City Manager, and staff for implementing a left-hand turn into Spanish Lakes Golf Village. Councilwoman Caraballo thanked Mr. Poscich for his comments and said that the change was due to the members of the community who requested the turn lane. 6. Additions or Deletions to Agenda and Approval of Agenda There being no discussion, Vice Mayor Martin moved to approve the Agenda. Councilwoman Morgan seconded the motion, which passed unanimously by voice vote. 7. Approval of Consent Agenda There being no discussion, Councilwoman Caraballo moved to approve the Consent Agenda. Councilwoman Morgan seconded the motion, which passed Page 2 of 27 City Council Meeting Minutes November 12, 2019 unanimously by voice vote. 7.a October 14, 2019 Regular Council and October 21, 2019 2019-989 Special Council Meeting Minutes 7.b Award Contract #20190057 for a Design Architect for 2019-954 Westmoreland Riverfront Park Playground to Landscape DE, LLC. 7.c Request by City Attorney to file Injunction and Complaint 2019-972 against Real Property located at 221 SW Becker Road 7.d Award Contract # 20190079 for Public Art Master Plan 2019-974 Consultant Services to Designing Local, Ltd. 7.e Minor Site Plan for Mattamy Model Home and Amenity 2019-1009 Center (P19-091) 7.f Request for Two Year Extension for Ross Mixing Major Site 2019-948 Plan (P16-197) 7.g Major Site Plan for Innovation Square at Tradition (Southern 2019-990 Grove) (P19-096) 8. Second Reading, Public Hearing of Ordinances 8.a Ordinance 19-74, Quasi-Judicial, Public Hearing, An 2019-991 Ordinance Rezoning 366.124 Acres of Property Located South of the Discovery Way (E/W 1) Right-Of-Way and West of Community Boulevard, from SLC AG-5 (St. Lucie County Agricultural-5)To MPUD (Master Planned Unit Development) for a Project Known as Riverland/Kennedy DRI Parcel C (Project No. P19-110). The City Attorney read the Quasi-Judicial Procedures into the record and noted that they applied to items 8 a), 8 d), and 11 a). The City Clerk administered to Oath of Testimony to all interested parties and read Ordinance 19-74 aloud by title only. Mayor Oravec opened the Public Hearing and asked if there were any ex-parte communications to disclose, to which Councilwoman Caraballo replied that over the history of the project, she had spoken to Glenn Ryals regarding Riverland Kennedy. She said that she had not spoken to Ms. Goldstein-Siegel about the project, but greeted her in the hallway. Planner Daniel Robinson stated that the official file was submitted 5 Page 3 of 27 City Council Meeting Minutes November 12, 2019 days before the meeting to be entered into the record. He explained that the application was a rezoning request for Riverland Kennedy DRI Parcel C. The owner was Riverland Kennedy LLC. and the property was located south of Discovery Way and west of Community Boulevard. The property consisted of approximately 366 acres of agricultural land and the Future Land Use was New Community Development. The current zoning was St. Lucie County Agricultural and the proposed zoning designation was Master Planned Unit Development. Mr. Robinson explained that the proposed MPUD would allow for 1,250 residential dwelling units and was consistent with the City's Comprehensive Plan policies regarding residential areas. He said that the property consisted of inactive citrus groves and agricultural reservoirs and a multi-modal path would be provided along the southern boundaries of the MPUD. The Planning and Zoning Board recommended approval of the item at their October meeting. Kevin Ratterree, Vice President of GL Homes, stated that he concurred with the staff report and the recommendation of the Planning and Zoning Board. He said that the project was the second phase of the Riverland Kennedy DRI. He said that the difference between Parcel A and Parcel C revolved around the pod at the northwestern corner of the site, as an alternative product for townhomes was designed for this parcel. He said that it continued with the conversation about the Street Trees, and GL Homes' committment to add additional trees where spacing allowed. Mayor Oravec asked if it was within Mr. Ratterree's ability to design the lots the way he saw fit, to which Mr. Ratterree responded in the affirmative. Mayor Oravec asked who submitted photos about palm trees versus shade trees, to which Mr. Ratterree replied that GL Homes submitted them as backup for the Parcel A approval. Mayor Oravec asked if in the PUD document, it stated that due to a conflict with Utilities and the small size of the planning area, trees could not be planted, to which Mr. Ratterree replied that conflicts with canopy trees presented issues with infrastructure. He said that he just got notice that at one of his properties down south, Valencia Reserve, 450 trees were being removed form the right-of-way. Mayor Oravec asked if it was true that Mr. Ratterree was designing the planning area and could create 5 more feet of depth in the green space so that a shade tree could be planted. Mr. Ratterree replied that it was a correct statement, but he was designing to the typical roadway sections that had been permitted in the City of Port St. Lucie. Mayor Oravec asked to introduce a letter Page 4 of 27 City Council Meeting Minutes November 12, 2019 into the record, from a licensed landscape architect, lamenting that the City was permitting a major developer to develop that amount of Port St. Lucie without shade trees, as well as an article from the Palm Beach Post, titled, "Oaks Instead of Palm Trees, Florida's Iconic Palms Don't Cut it With Climate Change." He said that the article stated that West Palm Beach did a study in August and found a heat index temperature of 122 degrees near downtown, compared to 92 degrees taken during the same time period, near a wetland area. He said that in downtown West Palm, foxtail palms were being removed and replaced with oaks. He said that the foxtails originally went in because of potential conflicts with the roots, but after going through the process, it was decided that they needed the shade. He said that a lot of money was going to be spent downtown on barriers and structures, which might not be practical for a neighborhood. He said that Mr. Ratterree was designing the lots, and was making a choice to create a smaller planting area. Mayor Oravec passed the article to the City Clerk, and asked if anyone was sworn in to provide testimony, to which there was no response. There being no further discussion,Mayor Oravec closed the Public Hearing. Councilwoman Morgan moved to approve Ordinance 19-74. Vice Mayor Martin seconded the motion. The City Clerk restated the motion as follows: for approval of Ordinance 19-74. The motion passed by roll call vote, with Councilwoman Morgan, Councilman Carvelli, Vice Mayor Martin, and Councilwoman Caraballo voting in favor, and Mayor Oravec voting against. Nay: Mayor Oravec 8.b Ordinance 19-75, Public Hearing, An Ordinance of the City of 2019-992 Port St. Lucie, Florida, Amending Sec. 111.64, “Veterans” of Ch. 111, “Business Tax Receipts” to Provide Certain Business Tax Exemptions in Compliance with Section 205.055, Florida Statutes; Providing for Codification; Providing for Conflict; Providing for Severability; Providing an Effective Date. The City Clerk read Ordinance 19-75 aloud by title only. Mayor Oravec opened the Public Hearing. The City Manager stated that Yvonne White, Business Tax Supervisor, would be presenting the item. Ms. White stated that the item was to amend Chapter 111, to provide certain Business Tax exemptions, in compliance with Section 205.055 of the Florida Statutes, and applied to veterans. Mayor Oravec said that the Council reviewed the item and was happy to provide an additional exemption for veterans. He asked the CIty Manager whether the Page 5 of 27 City Council Meeting Minutes November 12, 2019 exemptions available were being advertised, to which Ms. White responded in the affirmative. Mayor Oravec asked if there was any advertising specific to veterans, to which Ms. White replied that on the Business Tax applications, there was a disclaimer regarding exemptions, and the website listed the criteria for the available exemptions. Mayor Oravec asked if any member of the public wished to speak on the item. There being no response, he closed the Public Hearing. There being no further discussion, Councilwoman Caraballo moved to approve Ordinance 19-75. Councilman Carvelli seconded the motion. Ms. Caraballo stated that she was looking forward to the CIty Manager bringing forward a study in the future, regarding Business Tax, to see if it could continue to be improved. The City Clerk restated the motion as follows: for approval of Ordinance 19-75. The motion passed unanimously by roll call vote. 8.c Ordinance 19-78, Public Hearing, An Ordinance Adopting a 2019-993 Small-scale Comprehensive Plan Amendment for VF II, LLC (P19-103) The City Clerk read Ordinance 19-78 aloud by title only. Mayor Oravec opened the Public Hearing. Long-Range Planning Administrator Tobin stated that the item was a Small-Scale Comprehensive Plan Amendment for 2.9 acres. She said that the current Future Land Use Designation was Commercial Highway/Commercial General/Residential, Office, Institutional, and the applicant was requesting the Service Commercial Future Land Use Designation. The property was located on the south side of Becker Road, across from where one would get off at the Turnpike, and west of the existing shopping center and gas station. She showed an aerial of the area, and gave an overview of the requested change. Ms. Tobin said that the item was part of a PUD, and the next item on the Agenda was a request to amend the Concept Plan for the PUD. She said that the proposed Future Land Use Amendment was supported by the goals, objectives and policies of the Comprehensive Plan. The Planning and Zoning Board recommended approval of the proposed item. Mayor Oravec asked if the application was to enable a storage facility, to which Ms. Tobin responded in the affirmative. Mayor Oravec asked if staff received an analysis on the market feasibility of additional storage facilities, to which Ms. Tobin replied that while it had been discussed at the staff level, nothing specific was done. She said that she could Page 6 of 27 City Council Meeting Minutes November 12, 2019 check with the owner to see of he had anything related to it. Dennis Murphy, Culpepper and Terpening, stated that he represented the applicant. He said that the purpose for the application was to come in with a self-storage facility, which would be presented in subsequent phases. He said that the next item would set the stage for a Site Plan and followup Construction Plan reviews. He asked the Council if they had any questions. Councilwoman Caraballo asked if it would all be storage, or if there would be other uses, such as retail or restaurant. Mr. Murphy replied that the building included in the Planning and Zoning package was conceptual in nature, and was all storage, similar to the one on Gatlin Boulevard. He said that the architectural theme would be consistent with the Veranda Falls shopping center. Ms. Tobin clarified that the Comprehensive Plan Amendment was conditioned on the project's final product meeting the design requirements for General Commercial on all 4 sides. Vice Mayor Martin asked if it would meet the Becker Road Overlay Design Standards, to which Ms. Tobin replied that it was not part of the Becker Road Overlay. Vice Mayor Martin said that since it is in the same corridor, she would like to see it consistent with the Becker Road Overlay Design Standards. Mayor Oravec said that as part of the Comprehensive Plan, the Council had broad legislative powers to impose conditions, to which the City Attorney concurred. Councilwoman Caraballo said that she was concerned about the outside storage. Mayor Oravec asked if the Council would be able to condition approval on no outside storage on the Comprehensive Plan, to which the City Attorney replied in the affirmative. Vice Mayor Martin said that she was not in favor of outside storage. Councilwoman Caraballo asked if a Florida vernacular structure would clash with the Veranda Falls Design Standards, to which Ms. Tobin replied that she thought she could work with the applicant. She advised that what was in front of the Council was not the final design, and the project was looking better every time. She said that she did not mind adding Becker Road Overlay Design Standards. Mr. Murphy said that he was not familiar with Becker Road Design Standards west of the Turnpike. He said that to the extent that an architectural clash was not being created, he would be willing to work with the City. He asked that if a condition was placed that imposed architectural guidelines, it be kept fairly loose. Mayor Oravec remarked that if the City Council wanted to impose a condition, it was their right. Councilwoman Caraballo said that she was concerned about open storage and architectural standards. Mayor Oravec said that the item, and all associated items, could be tabled to allow the applicant time to research whether they could comply. Page 7 of 27 City Council Meeting Minutes November 12, 2019 Councilwoman Caraballo said that she was okay with the tabling it, to be fair to the applicant, because she did not have enough information about outside storage. Vice Mayor Martin agreed. Mayor Oravec agreed, and said that he was not in favor of outside storage at the location. He said that he sent the Vice Mayor, the City Council, and staff an article regarding how cities across the country were putting moratoriums in place against self-storage, because they thought that the product was being over-delivered. He said that it would be the last application that he would consider without an analysis from an objective third-party, showing that the City was not overbuilt with storage units. He said that he thought that Port St. Luce was getting to a point of recovery where a self-storage facility and a fast food restaurant was not needed on every corner of the City. Councilwoman Caraballo said that she thought a market analysis was important and if one was done, it was important to take into account the size and scope of the City. Mayor Oravec reiterated that this was the last self-storage he would consider, and encouraged the Council to read the article he sent. He asked Mr. Murphy how long he thought he needed to work with staff on the Becker Road Design Guidelines, to which Mr. Murphy replied a few weeks. Steve Garrett, Lucido and Associates, said that he was working with Mr. Murphy and the applicant. He said that the he was hopeful to get the Site Plan before the Council on December 2nd or December 9th. He offered to hold one-on-one meetings before the item was heard again, and said that the client had a market analysis available. Mayor Oravec asked if any member of the public wished to speak. There being no response, he closed the Public Hearing. Vice Mayor Martin moved to table Ordinance 19-78 to the City Council meeting of December 9, 2019. Councilwoman Caraballo seconded the motion. The City Clerk restated the motion as follows: for approval to table Ordinance 19-78 to the City Council meeting of December 9, 2019. The motion passed unanimously by roll call vote. 8.d Ordinance 19-79, Quasi-Judicial, Public Hearing, An 2019-994 Ordinance Providing for the Third Amendment of the St. Lucie Lands Planned Unit Development; Specifically, the Conceptual Development Plan (P19-104) Located on the South Side of Becker Road, Between the Florida’s Turnpike and SE Waterfall Lane. The City Clerk read Ordinance 19-79 aloud by title only. Mayor Oravec opened the Public Hearing and asked if there were any ex-parte communications to disclose, to which the Councilmembers responded Page 8 of 27 City Council Meeting Minutes November 12, 2019 in the negative. He said that since the item was associated with the previous item, it would be appropriate to table it to the same meeting. Vice Mayor Martin moved to table Ordinance 19-79 to the City Council meeting of December 9, 2019. Councilwoman Caraballo seconded the motion. The City Clerk restated the motion as follows: for approval to table Ordinance 19-79 to the City Council meeting of December 9, 2019. The motion passed unanimously by roll call vote. 8.e Ordinance 19-80, Public Hearing, Motion to Adopt Ordinance 2019-995 Authorizing the Lease and Grant of Purchase Option Agreement with Cleveland Clinic Florida for the Florida Center for Bio-Sciences. The City Clerk read ordinance 19-80 aloud by title only. The City Manager stated that the item was brought to the City Council in June, to discuss a Letter of Intent from the Cleveland Clinic, proposing to lease the Florida Center for Bio Sciences building, which the City owned. Since then, staff was working with the Cleveland Clinic to define their proposal and develop a lease that met the needs of the City and the Clinic. The City Manager explained that the Cleveland Clinic was proposing to use the Florida Center for Bio Sciences for research. He said that the Cleveland Clinic had been contacted by other agencies, one of which was Vaxine, an international research group from Australia, which was interested in co-locating in the Florida Center for Bio Sciences to conduct research. The City Manager said that at the First Reading, it was discussed that Florida International University expressed a desire to occupy space with Cleveland Clinic. He said that tonight's action was a Second Reading of the ordinance, and if it was approved, the building would be leased to Cleveland Clinic Florida at 12:01 a.m. on November 13th. He noted that for 4 years, the City had been paying the operating costs of the building and maintaining it. He said that the wage for the jobs created would be 125% of the County's average wage. The City Manager highlighted the costs to maintain the building. He explained that another company had previously submitted an LOI, but they were looking to lease research space in the building, which was too difficult, so a closing did not occur. The City Manager gave the history of how the Florida Legislature and Governor Bush worked with the City to create research in Port St. Lucie. He explained how during the recession, there was a substantial reduction in funding for the National Institute of Health, which provides grants for many research programs. Since the City had a Covenant to Budget and Appropriate on the building, when VGTI left, the City was Page 9 of 27 City Council Meeting Minutes November 12, 2019 left with the payments, as well as the bond payments. The City Manager stated that if the Cleveland Clinic created 100 jobs, the direct salaries would be $5.5 million per year, but with the multipliers that would occur, the total labor impact would be about $9 million. He said that if the number of jobs went up to 150, the direct impact was $8.7 million, with a total impact of $13.8 million per year. At 200 jobs, the total impact over 10 year would be $180 million. The City Manager said that the Cleveland Clinic indicated a desire to buy the building at some point, so an option to purchase for $14.5 million was negotiated. The price was the most recent appraisal. The Clinic also expressed a desire to create more jobs, which the City could incentivize. The City Manager said that if the Cleveland Clinic created 200 jobs in the first 5 years, at 125% of the average County wage, they would get reductions in the price, total to the price of the building. He emphasized that for every year that the Clinic had 200, the total wages would be $18.1 million wages each year, which would create 417 jobs in the community. He said that another element of the lease anticipates that the Clinic may buy the building, but they could find a need to sell the building, so there was a clawback, which would provide for the sale price, less what they paid for it, and less major investments. The net income would be split. He gave an example of how the figures would look with a $30 million sales price. The City Manager stated that the City would continue to make the Debt Service payments on the construction and outfitting of the VGTI building. He said that the City Council took action to ensure that the City would never put a Covenant to Budget and Appropriate in an agreement of any kind. Mayor Oravec opened the Public Hearing and asked if any member of the public wished to speak on the item. There being no response, he asked the City Clerk to introduce the minutes and comments from the First Reading into the record, and closed the Public Hearing. Vice Mayor Martin moved to approve Ordinance 19-80. Councilman Carvelli seconded the motion. Mayor Oravec noted that as the City was going through the public hearing process on the budget, comments were made about taxes and scaled economic development deals. He noted that the City of Port St. Lucie reduced the tax rate for four years in a row. He said that he heard about old deals, like Digital Domain, and that the building may be sold or leased for less than the amount owned on the property. He said that as a homeowner, one could not sell their home for the amount of the mortgage and the debt, but what it Page 10 of 27 City Council Meeting Minutes November 12, 2019 was valued at and what one would pay for it. He said that the discussion came down to whether the City wanted to continue to market it, in hopes of finding a buyer, or to use a world-class laboratory. He said that per an economist that presented on the state of the economy, Port St. Lucie was number one in the country over the last 8 years for advanced manufacturing jobs. There being no further discussion, the City Clerk restated the motion as follows: for approval of Ordinance 19-80. The motion passed unanimously by roll call vote. 9. Other Public Hearings There was nothing scheduled under this item. 10. First Reading of Ordinances 10.a Ordinance 19-81, Approve the Second Budget Amendment 2019-978 to Fiscal Year (FY) 18/19. The City Clerk read Ordinance 19-81 aloud by title only. Mayor Oravec informed the CEO that a presentation could be done at the second meeting. There being no discussion, Councilwoman Morgan moved to approve Ordinance 19-81. Councilwoman Caraballo seconded the motion, which passed unanimously by voice vote. 10.b Ordinance 19-82, An Ordinance Adopting a Small Scale 2019-923 Comprehensive Plan Amendment for City of Port St. Lucie Community Center (P19-086) The City Clerk read Ordinance 19-82 aloud by title only. There being no discussion, Councilwoman Caraballo moved to approve Ordinance 19-82. Councilwoman Morgan seconded the motion, which passed unanimously by voice vote. 10.c Ordinance 19-83, Authorizing the Issuance of Taxable Special 2019-1000 Obligation Refunding Bonds to Refund or Advance Refund the Outstanding Stormwater Utility Revenue Bonds, Taxable Series 2010A and 2010B. The City Clerk read Ordinance 19-83 aloud by title only. Mayor Oravec asked the CEO for a presentation. The CEO stated that Jay Glover, the City's Financial Advisor with PFM, would give an overview. Mr. Glover stated that the City issued two series of bonds in 2010 that were issued as taxable bonds under a part of the American Recovery and Reinvestment Act. The bonds had interest rates ranging from 6.5% - 7.37%. He said that the City received a subsidy on the bonds and the all-in rate was 4.8%. The bonds were callable March 1, 2020, which was approaching, so it was an optimal time to refund them. Mr. Glover Page 11 of 27 City Council Meeting Minutes November 12, 2019 said that interest rates were at historic lows and it was being projected that based on current market conditions, the City could save about $7 million on a net present value debt service basis, which was over 19% of the refunded bond's par amount. He said that when looking at a refunding, he always compared how much money was being saved to the par amount of bonds being refunded, and generally, anything over 5% should move forward. He said that while the City would refund $36 million par amount of bonds, they were only expecting to issue about $31.7 million of new debt. He said that the annual savings were from $270,000 to $540,000. He presented a slide which illustrated the debt service savings. He said that if it was approved on Second Reading, they would look to close on it. Mayor Oravec stated that there was a recent headline about the inrows that the City had made on debt, and that attacking debt was one of the Strategic Priorities. He said that the refunding was allowing the City to take $4 million off the balance. There being no further discussion, Vice Mayor Martin moved to approve Ordinance 19-83. Councilwoman Morgan seconded the motion, which passed unanimously by voice vote. 11. Resolutions 11.a Resolution 19-R105, Quasi-Judicial, Public Hearing, A 2019-971 Resolution to Grant a Landscape Modification for Central Baptist Church (P19-187) The City Clerk read Resolution 19-R105 aloud by title only. Planner Daniel Robinson stated that the official file was submitted 5 days before the meeting to be entered into the record. He explained that the application was a Landscape Modification Amendment request for Central Baptist Church. The owner was the Trustees Corporation of Central Baptist Church, Inc. The property was located at 202 SW Tulip Blvd, and was approximately 3.3 acres. The Future Land Use and zoning was Institutional. The property was granted a Landscape Modification to substitute landscaping for an architectural wall along the eastern property line by the City Council on September 14, 2015. The applicant submitted a Minor Site Plan Amendment, P16-199 (a)(1), which was approved by the Site Plan Review Committee on October 9, 2019. The amendment removed the proposed ingress and egress along the eastern property line. Mr. Robinson stated that the landscape modification amendment would preserve 3 additional pine trees and 2 additional oaks on the eastern property line, to accommodate the Site Page 12 of 27 City Council Meeting Minutes November 12, 2019 Plan Amendment. It would also reduce the size of 7 live oaks proposed to be planted along the eastern property line. He said that Planning and Zoning staff found the request to be consistent with the direction and intent of the City's Land Development Regulations and policies of the Comprehensive Plan, and recommended approval. Mr. Robinson added that the applicant held a neighborhood meeting on October 22, 2019, and a sign-in sheet showed that 11 people attended the meeting. The applicant indicated that there were no objections to the proposed amendment. Mayor Oravec asked if there was no longer a curb cut on the east side of Oakner Street, to which Mr. Robinson replied in the affirmative. Jayson Harrison, Engineering Design and Construction, stated that he was the representative for the applicant. He asked the Council if they had any questions, to which there was no response. Mayor Oravec asked if any member of the public wished to speak on the item. There being no response, he closed the Public Hearing. There being no further discussion, Vice Mayor Martin moved to approve Resolution 19-R105. Councilwoman Morgan seconded the motion. Vice Mayor Martin noted that if a wall was placed on the property, it would ruin the look of the area, and she welcomed the opportunity to plant more trees. Mayor Oravec noted that they were taking out the driveway that would impact the side street and neighborhood. He advised the City Manager that as soon as the contract for the cell tower on the adjacent City property could be terminated, he would like an item brought forward requesting for it to be terminated. Vice Mayor Martin noted that she voted against the tower, as it was not a good location for it. There being no further discussion, the City Clerk restated the motion as follows: for approval of Resolution 19-R105. The motion passed unanimously by roll call vote. Vice Mayor Martin clarified that the City Council that approved the tower was not the same as the Council that was currently seated. 11.b Resolution 19-R106, Approve Resolution Appointing the City 2019-928 Treasurer The CIty Clerk read Resolution 19-R106 aloud by title only. There being no discussion, Vice Mayor Martin moved to approve Resolution 19-R106. Councilwoman Caraballo seconded the motion. The City Clerk restated the motion as follows: for approval of Resolution 19-R106. The motion passed unanimously by roll call vote. 11.c Resolution 19-R107, Approve Resolution Designating those 2019-930 Page 13 of 27 City Council Meeting Minutes November 12, 2019 City Officials Authorized to Withdraw Funds from City Depository Accounts The City Clerk read Resolution 19-R107 aloud by title only. There being no discussion, Councilwoman Caraballo moved to approve Resolution 19-R107. Councilwoman Morgan seconded the motion. The City Clerk restated the motion as follows: for approval of Resolution 19-R107. The motion passed unanimously by roll call vote. 11.d Resolution 19-R108, Authorizing an Agreement between the 2019-998 City of Port St. Lucie, Florida, and Cleveland Clinic Florida Regarding Real Estate Commission and the Payoff of the Southern Grove Community Development District Bond Assessment. The City Clerk read Resolution 19-R108 aloud by title only. The City Manager stated that the resolution was a follow-up item for the Cleveland Clinic item. He explained that the City employed Avison and Young, a commercial real estate broker, to assist with the marketing of the building. They worked for 2 years and gave tours to many prospects, one of which was Vaxine, which would be co-occupying the building. In reviewing the contract, staff believes that Avison and Young would be owed a commission. Included in the lease for the Cleveland Clinic, the City and Cleveland Clinic would each pay 50% of the commission to Avison and Young. Avison and Young agreed to spread the payment out for 3 years. The first year would be a $200,000 downpayment, with the City paying $100,000, and Cleveland Clinic paying $100,000. For 3 years thereafter, the payments would be $80,000, with each party paying $40,000. Staff recommended approval of the agreement, as part of the resolution. The City Manager stated that the second part of the resolution was because the City had the opportunity to pay off the Community Development District fees on the Florida Center for Bio Sciences and the Torrey Pines buildings.He said that the CDD had expressed a desire to refinance their bank anticipation notes and they would like for the City to pay their portion of the note off. The payments were the equivalent of the final year of payment. He said that the City would pay the equivalent of a year's worth of CDD payments, equivalent to the final year, for both buildings and for the Cleveland Clinic Florida lease, they would reimburse the City. As Torrey Pines was transferring to FIU, a similar provision would be included, where FIU would reimburse the City when the transaction occurred. Page 14 of 27 City Council Meeting Minutes November 12, 2019 Mayor Oravec asked if there were any questions for the City Manager. There being none, Vice Mayor Martin moved to approve Resolution 19-R108. Councilwoman Morgan seconded the motion. The City Clerk restated the motion as follows: for approval of Resolution 19-R108. The motion passed unanimously by roll call vote. 11.e Resolution 19-R109, A Resolution Approving a Preliminary 2019-982 and Final Subdivision Plat for Southern Grove Plat No. 26 (P19-076) The City Clerk read Resolution 19-R109 aloud by title only. Senior Planner Kean stated that the City received an application for a Subdivision Plat approval for Southern Grove Plat 26. She explained that the request was for 372.96 acres within the Tradition Commerce Park MPUD. The proposed Subdivision Plat would create 4 lots, a water management tract, and a right-of-way tract. The applicant and owner was the Port St. Lucie Governmental Finance Corporation and Mattamy Palm Beach, LLC. She noted that the purpose of the plat was to create the tract for the proposed vocational campus in Southern Grove, which was proposed for Lot 2 and would have access to VIllage Drive, and Hegener Drive in the future. She said that each applicant would be required to demonstrate compliance with the Southern Grove DRI Development Order regarding the provision of adequate public facilities. The proposed extension of Tom Mackie Boulevard would be the responsibility of the CIty. The Site Plan Review Committee recommended approval of the item at their meeting on June 6, 2019, and the Planning and Zoning Department supported the proposed Subdivision Plat and recommended approval. Mayor Oravec asked if the Council had any questions. There being no response, Councilwoman Caraballo moved to approve Resolution 19-R109. Vice Mayor Martin seconded the motion. The City Clerk restated the motion as follows: for approval of Resolution 19-R109. The motion passed unanimously by roll call vote. 12. Unfinished Business There was nothing scheduled under this item. 13. New Business 13.a Site Plan for Vocational Campus in Southern Grove (P19-074) 2019-686 Planner Kean stated that the application was for the Site Plan approval for a vocational campus in Southern Grove with a total building square Page 15 of 27 City Council Meeting Minutes November 12, 2019 footage of 98,880 square feet. She said that on February 2, 2018, at the request of the City Council, the City issued a Request for Qualifications for a vocational technical career academy in Southern Grove. On October 22, 2018, the Council directed the City Manager to negotiate a contract with Somerset Academy. The proposed vocational campus would serve students from the 6th grade to the 12th grade, and would be built in phases. The property is owned by the Governmental Finance Corporation and would be leased to the Somerset Academy. Ms. Kean gave an overview of the location of the property and the zoning. She presented visuals of phase one and the stacking analysis. She said that the Site Plan was reviewed for concurrency with the Southern Grove DRI. She said that a traffic analysis and signal warrant analysis were required, but the trip generation did not warrant a signalized intersection at the location. The CIty worked with the applicant to get an updated traffic analysis and updated student enrollment with each phase to make sure there was enough parking and that the traffic analysis had not changed. The site provided a right turn lane off of Village Parkway. Ms. Kean explained that the parking requirements were based on the State requirements for educational facilities. Mayor Oravec asked if the road to the north of the property was the school's road or a public right-of-way, to which Ms. Kean replied that it was internal to their property. Councilman Carvelli asked if the applicant would provide transportation, to which Ms. Kean replied in the affirmative. Ms. Kean said that the Site Plan Review Committee recommended approval of the item on June 26th, and staff supported the application and recommended approval of the Site Plan. Brad Currie, Engineering Design and Construction, stated that he represented the applicant. Councilwoman Morgan expressed concern over the queueing and stacking. Mr. Currie presented a slide which showed the stacking and explained how stacking and loading/unloading would occur. He said that the Contingency Plan showed how many cars could fit on the lot, but it was not expected to get that way. He presented a slide which showed the anticipated stacking that would occur a majority of the time. He said that there would be someone at the intersection helping direct traffic, as well as people helping load and unload the cars in the parent pickup. A third person would be at the crosswalk, to stop cars as people were walking through the crosswalk. A fourth person would keep an eye out for traffic on VIllage Parkway and if it backed up, they would direct cars into the Page 16 of 27 City Council Meeting Minutes November 12, 2019 parking lot to allow for more stacking. Mr. Currie said that all of the stacking information that was provided was on-site, but a turn lane was also going to be constructed. Councilman Carvelli noted that there was an opening at the end of the center median and traffic could start stacking in the parking lot. He asked what the expected bus ridership was, to which Erika Rains, Principal of Somerset Academy, replied that she was using the numbers from the Middle/High School in St. Lucie West. There were almost 1,000 students at that campus, and about 70% were registered bus riders, with about 60% riding the bus. She said that she provided the EDC with a conservative number of 50% bus ridership. Vice Mayor Martin noted that Renaissance Tradition had no busing, but there were staggered release times. Councilwoman Caraballo said that her son attended Somerset and there was ample parking. Ms. Rains pointed out that there was more stacking at this site than the St. Lucie West Campus. She said that at that campus, there were 991 students, and 11 buses running. She said that once the first week of school was over, the school was dismissing almost 1,000 students in under 12 minutes, daily. Councilman Carvelli suggested contacting Palm Pointe and asking if they staggered their release times. He advised that per statute, cars and buses could not be merged together. Vice Mayor Martin noted that at Tradition Renaissance, the cars were lining up in the public roadway because school administration at the time was not allowing them to get into the stacking lanes. She said that a meeting was held with the Police Department and the school's administration at the time, and it was changed. She added that on one side of Palm Pointe, kindergarten students were released and other students were released on the other side. She said that the traffic backed up into the neighborhood but there were improvements, as it had been going on a long time. Mayor Oravec said that the traffic took over the multi-family development as well. He said that once Palm Pointe went back to the School District, it had to be addressed. There being no further discussion, Councilwoman Caraballo moved to approve Item 13 a). Councilman Carvelli seconded the motion, which passed unanimously by voice vote. 13.b Approve Purchase and Installation of Michael Szabo’s 2019-906 “Relate” sculpture for the Roundabout at Bayshore Boulevard and Selvitz Road Long-Range Planning Administrator Tobin stated that she was Page 17 of 27 City Council Meeting Minutes November 12, 2019 presenting the recommendations of the Selection Committee for the permanent sculpture to be located at the roundabout at Bayshore and Selvitz. She explained that the Committee consisted of neighbors from the area, a member of the Public Art Advisory Board, and a member of the Public Works Department, who narrowed down 39 submissions to the top 3 that were before the Council for consideration. She said that on September 25th, a reception was held at the Community Center, where the artists displayed their work. She said that the Selection Committee met on October 3rd to rank the finalists. Ms. Tobin presented the scores received for each piece, and said that the ranking were presented to the Public Art Advisory Board on October 21st, and they reinforced the recommendations of the Selection Committee. Ms. Tobin presented a slide that illustrated how the roundabout would look with each structure. She said that both the Selection Committee and the Public Art Advisory Board felt that all structures had a place in Port St. Lucie, and would encourage the City Council to consider each of them for placement at the appropriate location. Ms. Tobin said that staff thought possible placement, and through the Public Art Master Plan, the consultant was approved to do work of that nature.She said that all of the pieces were well-liked by the public and the Selection Committee. Mayor Oravec noted that the art was located in Councilwoman Morgan's District and asked her for her opinion, to which she replied that she had been at all the meetings and it was the consensus. She said that art was different to everyone else, and she went with the recommendation of the Committee and the Public Art Advisory Board. She remarked that all of the pieces could have a place in the City, but that the drivers at the roundabout should not be distracted by art. She said that the piece with the City seal would look nice at Crosstown and I-95, and Westmoreland Park was brought up for the family piece. Councilwoman Morgan commended Joyce King for all of her work with the selection of the piece. Mayor Oravec said that he saw an email from Charles Ray, asking for the piece to be reconsidered. Vice Mayor Martin said that she supported the piece that was chosen and thought that Festival of Generations should be in a park. Mayor Oravec asked to have a conversation about the other pieces after the selection. He asked what the prices of the other pieces were, to which Ms. Tobin replied that they were about $200,000 per piece. Mayor Oravec reiterated that he wanted to talk about the roundabout first. Councilwoman Carvelli moved to accept the Relate Sculpture. Page 18 of 27 City Council Meeting Minutes November 12, 2019 Councilwoman Morgan seconded the motion, which passed unanimously by voice vote. Mayor Oravec asked how the total for the additional pieces compared to the Public Art Budget, to which Ms. Tobin replied that the balance of the budget was $900,000. She said that the first one would be placed within a year. Ms. Tobin said that staff hadn't gotten a good handle yet of the funds coming in, because they were coming in later than before as a result of the new ordinance. She said that it might be a few years before the roundabout at the park was completed. Mayor Oravec stated that the process for the Strategic Plan was to identify the priorities and allocate resources to effect it. He said that the City was in the process of doing the Parks Master Plan. He said that he would continue to advocate for art that reinforces what makes Florida the way it is, such as the Guy Harvey art on the Crosstown Parkway. Councilwoman Caraballo said that the piece with the City seals would have been perfect in front of City Hall, but another piece had already been commissioned. She said that the family piece would be nice at the Westmoreland Park, but in speaking with Mr. Garrett, she thought they were looking at a piece that involved a bird. Mayor Oravec said that he would like to see an iconic River theme. He said that he hoped for landmark signage out front. Councilwoman Morgan said that she thought that the piece with the City seal needed a presence. Vice Mayor Martin asked for the timeline on getting Master Plan done, to which Ms. Tobin replied about a year. Councilman Carvelli said that he thought that pieces should be discussed after the Master Plan was done. Mayor Oravec stated that the master planning process would help the Council focus the resources to where they would have the greatest impact. He asked which piece was selected for City Hall, to which Ms. Tobin replied that it was the blue wave piece, but staff was having a hard time getting the drawings from the artist to do permitting. Mayor Oravec said that the City seal piece would look good as an entryway into City Hall. He asked if it was bulletproof, to which Ms. Tobin replied that the artist told her that it was. 13.c Approve Shortlisted Firms and Begin Negotiations for RFQu 2019-845 #20190112 for Professional Engineering Design Services of Floresta Drive Improvements Phases 2 and 3. The City Manager stated that as part of the Half Cent Sales Tax, the City began the process of reconstructing Floresta Drive. A contract was awarded for the design of the first section, from the roundabout to the Page 19 of 27 City Council Meeting Minutes November 12, 2019 Elkcam Waterway. The proposals were for the design of the next 2 phases. He said that Robyn Holder from the Procurement Department, would give an overview. Ms. Holder explained that an RFP was put out for the Floresta Design, and the first time, there were violations of the cone of silence so it had to be rebid. She said that staff made a recommendation for the number-one ranked firm to enter into negotiations. Mayor Oravec asked if Culpepper and Terpening was first, over American Consulting Professionals, in the previous RFQ, to which the CIty Manager replied in the affirmative. Mayor Oravec asked for the point spread, to which the City Manager replied that he did not know off the top of his head, but it was substantial. Ms. Holder clarified that Culpepper and Terpening had 85.8 points and American had 76.8 points. The City Manager said that the selection process was based on the Consultants Competitive Negotiation Act, and was very specific. The City Manager said that the two companies proposed the first time but in this proposal, American Consulting Professionals was recommended by the Selection Panel. He advised that the City dealt with both companies on a regular basis and had good experiences with both. He said that during the last proposal, American Consulting Professionals had a few more points than Culpepper and Terpening. He said that if all bids were rejected and the City went back out, it could come up the other way. He indicated that Ms. Holder received a note from American, saying that they would be willing to let Culpepper and Terpening have a substantial part of the job. He said that staff's draft recommendation was to direct staff to negotiate with American, with the idea that they invite and include Culpepper and Terpening for a substantial role in the job. Mayor Oravec said that it was his expectation that if the Council moved forward with the recommendation, the work be split. Dr. Carvelli expressed concern that this was the second cone of silence violation discussed this meeting. He said that during the pre-bid meetings, it had to be made clear to the people bidding, and perhaps the Legal Department should be present. Mayor Oravec said that he would like to hear about the legality of creating a procedure for willful violations of a code of silence, so that the proposer was prohibited from bidding. Vice Mayor Martin said that there had to be an accountability measure in place. She agreed with Mayor Oravec that she would like to see the work split. Councilwoman Caraballo said that she was Page 20 of 27 City Council Meeting Minutes November 12, 2019 disappointed with the project. She said that she was okay with the work being split and suggested a penalty for those who violated the cone of silence. Councilwoman Caraballo suggested that the RFP process be reviewed for transparency purposes. The City Manager said that currently, there were no tools, other than to reject all bids and if there was a violation of the cone of silence that caused a problem with the RFP, in some ways, it would penalize those who complied. He said that he would like to explore prohibiting a vendor who violates the cone of silence from bidding on the project. He said that since processes took a while, Purchasing could regularly notify applicants of where the City was in the process. The City Attorney said that he would work with the Procurement Department regarding what could be done when the cone of silence was violated. He said that levels could be suggested, so that a habitual violator cold be barred from bidding in the future. Councilman Carvelli suggested filming the orientation process for those who wished to submit bids, as the discussion of due dates and timelines was also important. Vice Mayor Martin said that she wants to make sure that everyone in the Procurement Department is correctly trained regarding procurement laws, as there have been issues since the knowledge was not the same across-the-board. She noted that every time a process had to go back out, it caused months of delay. Councilwoman Caraballo suggested establishing a Purchasing Board to oversee the process. Mayor Oravec said that a manager position was missing, which was an opportunity for the City Manager. Dennis Murphy, Culpepper and Terpening, said that he submitted a protest notice to the City, as he was concerned about the scoring of the categories, specifically the Local Preference criteria. He said that there was a specific standard, which was not met by American Consulting Professionals. He asked the Council to verify that American's claim of their location was consistent with Local Preference guidelines. Mr. Murphy said that it was stated in the Code that PMD did not necessarily verify the accuracy of the submissions and the only time it would come up was when an objector brought it forward. he requested that the Council look at this claim, as it could affect the scoring. Mayor Oravec asked if Mr. Terpening was present. Butch Terpening, Culpepper and Terpening, stated that the project was already split, because American Consulting Professionals got the first phase and Culpepper and Terpening was proposing to split the work with Captec Engineering. Page 21 of 27 City Council Meeting Minutes November 12, 2019 A break was called at 8:04 p.m. and the meeting resumed at 8:18 p.m. Brian Mirson, American Consulting Professionals, stated that he had worked with Culpepper and Terpening and Captec Engineering in the past, and he looked forward to doing it again in the future. He pointed out Page 125 of his proposal, which had 2 elements that identified the firms location. He said that one criterion was the establishment of a fixed office or distribution point located in and having a street address within St. Lucie County, Indian River County, Martin County, or Okeechobee County, at least one year prior to the issuance of a request for competitive proposals. He said that the office agreement in the CIty of Stuart was signed 9 years ago, and the location was being used as a distribution point. He said that another element was that a proposer must hold a Business Tax Receipt required by the City of Port St. Lucie at the time of issuance, which was provided. Mayor Oravec asked the City Manager or City Attorney to speak to whether the Local Preference points were properly awarded to American Consulting Professionals, as part of the evaluation process. The CIty Manager replied that the information he was given by Purchasing would lead him to believe that they were properly awarded. The City Attorney concurred, and clarified that the bid protest stated, "...it is our belief that American Consulting does not meet criteria number 1 of Ordinance 35.12, in that they have not maintained a local business license for more than 1 year." City Attorney Stokes said that the Code did not state that, but in the Local Preference Ordinance, a local business was defined as meeting all of the criteria, the first of which was a fixed office or distribution point located in St. Lucie County, Indian River County, Martin County, or Okeechobee County for at least one year. He said that it also stated that they should hold a Business Tax Receipt required by the City, but it did not state 1 year for number 2, only for number 1. Councilwoman Morgan said that she had the score sheet from the last time the item came up, and the location was not scored for either one. She said that last time, 5 points was given to Culpepper and Terpening for being a minority and veteran-owned business, but this time it was not and the certification was included in the packet. She said that she would like to go more in-depth regarding the cone of silence with the City Attorney's Office. Ms. Holder stated that the bid solicitation outlined the definition for minority and veteran-owned businesses, as well as the best practices for the State of Florida. She said that what was Page 22 of 27 City Council Meeting Minutes November 12, 2019 submitted by Culpepper and Terpening was not from DMS.Councilwoman Morgan asked why they got 5 points last time and not this time, to which Ms. Holder replied that they shouldn't have. Mayor Oravec added that the CIty Manager brought up the abnormality when the bids were rejected. The City Manager said that the State of Florida had a certification for minority and women enterprises and asked if it was referenced in the RFP, to which Ms. Holder replied in the affirmative and read it aloud. The City Manager asked if Culpepper and Terpening's minority and women business certification applied, to which Ms. Holder replied that it did not, as it was not from the State. Councilwoman Morgan said that the CCNA guidelines said that the City shall evaluate no fewer than 3 firms, to which Ms. Holder replied that only 2 submitted. Councilwoman Morgan stated that she was concerned, as the process seemed to change every time. She stated her concern that 30 vendors downloaded the plans and only 2 submitted proposals, to which Ms. Holder replied that she thought they may be holding back because the designer could not be the CEI, and the CEI brought in more revenue. Mayor Oravec added that Culpepper and Terpening teamed up with Captec Engineering and that several of the most prominent firms were involved. Councilwoman Caraballo asked if the Council was able to assign phases to each contractor, to which the City Attorney replied in the negative and said that since it was a CCNA project, the statute said that the option was for the Council to to direct staff to negotiate with the top-ranked firm. Mayor Oravec said that the option to split the work was offered by the top-ranked firm. The City Manager pointed out that when American Consulting Professionals offered to split the work, they communicated with purchasing, not him, as it would have been a cone of silence violation. Vice Mayor Martin said that based on everything she had heard, she would support staff's recommendation, and moved to approve staff's recommendation for Item 13 c). Councilwoman Caraballo seconded the motion. The City Attorney said that it was his understanding that the Local Preference Option was not allowable in a CCNA project. He said that during the break, he looked at the statute and Attorney General positions, and they said that the Local Preference Option could be used. He pointed out that in the Local Preference Ordinance, (j)(4) said, "Provisions of this ordinance shall not apply to contracts made under the CCNA." He said that both firms were given the points, but neither firm should have gotten them. He said that their relative Page 23 of 27 City Council Meeting Minutes November 12, 2019 positions would have been the same, just 5 points lower. Mayor Oravec requested a complete operations review of the Procurement Department, and said that the Attorney General's decision was clarified a long time ago. He added that since Okeechobee County did not offer reciprocity, they should have been taken out. Councilwoman Morgan stated that because of the scoring, she could not support the recommendation. Mayor Oravec said that the alternative was rejecting all the bids and doing it over again. Councilwoman Caraballo said that she was also not happy, but Floresta was on hold and she did not want to wait for it to go through the process again. She pointed out that the City Manager would come back with changes and recommendations to make sure it did not happen again. Vice Mayor Martin said that both firms were great firms and it was the best solution for the situation. There being no further discussion, the City Clerk restated the motion as follows: to move forward with staff's recommendation for Item 13 c). The motion passed by roll call vote, with Vice Mayor Martin, Councilwoman Caraballo, Councilman Carvelli, and Mayor Oravec voting in favor, and Councilwoman Morgan voting against. 13.d Reject All Proposals for Citywide Towing Services and 2019-996 Authorize the City Manager to Establish the City of Port St. Lucie Tow Rotation List. The City Manager stated that in every community, the City or County regularly used towing when vehicles were abandoned on the roadside or for vehicular crashes. He said that it was normal for cities and counties to have agreements with towing companies. The City was following a motion that was approved by the City Council in 2009, which said that the City would have 5 towers under agreement, which would be rotated. He said that following several attempts at the item, the City went out with a Request For Proposals, with the idea of being transparent. The companies were asked to provide their credentials, based on State statute and local procedures and requirements. Two of the three submitters were believed to have violated the cone of silence, which left one vendor that could be recommended. The City Manager said that staff asked that the Council reconsider the previous direction from 2009, as they thought it would be best that the Council not set a number. The City Manager stated that the requirements imposed locally were that they had to have an office in Port St. Lucie, they had to have a tow yard in Port St. Lucie, and they had to meet all of the State requirements. He asked that the City Council allow the process to go forward with City staff, and they would follow State requirements and Page 24 of 27 City Council Meeting Minutes November 12, 2019 the City procedures, which were included in the backup as a draft. He also asked that the Council allow staff to go forward, select towers based on their qualifications, and rotate through the tow companies that were qualified, which to-date, was approximately 5 companies. He reiterated that a number would not be set, but that the private sector and the market would identify how many towers there were. The City Manager stated that the motion before the Council, and the draft recommendation, was to mandate the City Manager to develop a procedure, which would be delegated to the Police Department, and would identify how one would qualify to be a tow operator in Port St. Lucie, and also does not have a finite number. Mayor Oravec asked if the Council accepted the recommendation, which tow companies qualified and would be able to provide services, to which the City Manager replied that 3 submitted all of the required paperwork and qualifications through the Request For Proposal process. Staff was on the verge of recommending the 3, when questions were raised that ultimately caused staff to believe that they violated the cone of silence. The City Manager said that he was told by Chief Bolduc that it would take a few weeks to get the tow companies who had complied with the information. The City Manager said that he would try to get the companies certified. Mayor Oravec asked why it would take weeks, to which the City Manager replied that the City could and would do better, but the trucks had to be inspected and equipment had to be reviewed. Vice Mayor Martin said that if they were already working, the process should be speedy. Councilman Carvelli asked if the procedure had to be approved by a public hearing. The City Attorney replied that his office had been working on the procedure with the Police Department, and that the Council was being asked to authorize the City Manager to finish it as an administrative policy that would be controlled by his office. The City Attorney said that if the Council wanted it to be brought back as a Council policy, it could be done, but staff thought it didn't need to be done that way. Natalie Howell stated that she was with Kauff's Towing of Fort Pierce. She said that they had originally been approved and had been on the towing rotation for over 20 years. She said that out of the 3 companies, only 1 was not currently on the rotation and it should not take that long to to get them certified. She said that not just any company should be allowed in, if they did not put in a Request For Proposal. Mayor Oravec noted the no one else signed up to speak and asked if Page 25 of 27 City Council Meeting Minutes November 12, 2019 any members of the Council wished to discuss the item. There being no response, Vice Mayor Martin moved to reject all proposals for City-wide towing and authorize the City Manager to establish the City of Port St. Lucie Tow Rotation List. Councilman Carvelli seconded the motion. Councilwoman Caraballo stated that whoever went on the Tow Rotation List still had to comply with the requirements of the RFP. She said that even though no money was being exchanged, the government was still controlling commerce if it was limited. Councilman Carvelli added that the procurement process was rooted in state laws and emails could be considered contacts outside of the process. He said that if staff had not made the recommendation that they did, he would have proposed to throw it out and start over again, as the City was exposed to liability. Mayor Oravec said that the Council should have intercepted the speakers before they inadvertently violated the cone of silence. He said that he did not think that the City could do what Ms. Howell proposed, as they had to reject all the bids, or not. Mayor Oravec emphasized that the City had to be more efficient with administrative functions. He said that his expectation was that the City Manager would put 24/7 administration to work on getting everything done right as soon as possible. There being no further discussion, the motion passed unanimously by voice vote. 14. City Manager's Report The City Manager thanked the community for attending the Veterans Memorial Celebration on November 11th. He commended Parks and Recreation staff for the beautiful condition of Veterans Park. Mayor Oravec said that he received a message from an Army veteran who was impressed that Parks and Recreation staff welcomed his guests to the park and thanked them for visiting. 15. Councilmembers Report on Committee Assignments Councilwoman Morgan - Councilwoman Morgan attended the St. Lucie Public Schools ribbon cutting of their new building, the Chamber Installation of the new officers, the St. Lucie County Sheriffs' Annual Range Day and Luncheon, the NICE Neighborhood Meeting, the EDC meeting, the Treasure Coast Council of Local Governments, Morningside Elementary's Veterans Program and the Veterans Day Service. She said that she saw the Police Department on the Crosstown Parkway. She suggested no parking signs at the cutouts for the buses and the bulbouts. She said that she met with residents regarding traffic noise from the Crosstown Parkway, and asked if staff could look into landscaping enhancements. The City Manager said that Ms. Roebling and the Crosstown were meeting regarding complaints received about noise. Mayor Oravec said that he would support any beautification efforts on the Crosstown Parkway. Page 26 of 27 City Council Meeting Minutes November 12, 2019 Councilman Carvelli - Councilman Carvelli attended the Firearms Training at the Sheriffs' Range and the Golf Tournament for the Boys and Girls Club. Councilwoman Caraballo - Councilwoman Caraballo attended the School Board Opening, the Neighborhood Meeting for Lyngate and the Veterans Memorial Service. She said that she was invited by the Department of Veterans' Affairs to visit the PTSD Clinic in St. Lucie West, and encouraged the Council to visit. Vice Mayor Martin - No updates to report. Mayor Oravec - Mayor Oravec stated that he was following up with the Council's concern about the City's inclusion in the County's Transit Master Planning efforts. He said that he met with them and would follow up with a formal letter. 16. Public to be Heard - (if necessary as determined by City Council at conclusion of public to be heard) There was nothing heard under this item. 17. Adjourn There being no more business to come before the City Council, the Mayor adjourned the meeting at 10:20 p.m. ________________________________ Karen A. Phillips, City Clerk ________________________________ Jeannette C. Baechle, Deputy City Clerk Page 27 of 27