Loading...
HomeMy WebLinkAboutBOCC Minutes 04-08-2008 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 8, 2008 Convened: 9:00 a.m. Adjourned: 10:30 a.m. Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Marie Gouin, M & B Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held April 1, 2008, and; upon roll call, motion carried unanimously. 4. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 08-115- Proclaiming April 8, 2008 as “ General Aviation Day” in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 08- 115, and; upon roll call, motion carried unanimously. B. Agricultural Development Steering Committee Preliminary Report- No action required at this time. The Committee Chair provided a brief overview of their work to date and was present to answer any questions the Board may have. Com. Coward stated he felt strongly that in order to find a solution to this issue the TDR plan offered the best opportunity. He requested the Board consider utilizing planning funds available through the Transportation Planning Orgnization that cannot be utilized for sidewalks and roads and can only be used for land use and transportation issues. The Growth Management Director stated they had this discussion at the TPO and there are funds available for a study and he asked the element of the UPWPP be modified for this purpose and it would be coming before the techical advisory committee shortly and before the TPO in May. Com. Craft requested the Board consider extending the sun setting date of the committee so they can work on a program that would be meaningful in the future and wished to make a motion to rescind the memo sent to the Growth Management Department regarding acrigultural developments; Seconded by Com. Lewis. Under discussion. 1 Com. Grande stated he could not support the motion as it stands and felt the Board has taken a reasonable position. They have asked the committee to come to the Board with a report and this has come to the Board today. He believes taking a stand today after just receiving the report would be counter productive. Com. Craft stated he understood his position however the committee cannot development a strategy for the Rural Lands program in 3 months time. He believes retracting the memo would show a good will effort in working together. Com. Grande stated he did not accept the idea that there was a change in the interpretation as per the memo, it was a reaction to a question asking for an interpretation. He stated nothing has changed and would like the opportunity to decide whether it is necessary to change and move forward. Com. Lewis stated having seen the memo she felt there is a need to extend the time for the committee and would like to have their input. She felt the concept of sending a memo to define an interpretation is inappropriate. The memo however does give them a starting point. She does not believe the issues can be resolved in 3 months time. Com. Coward stated he was troubles that this is the third time this motion has come before the Board and felt it was inappropriate and should be discussed at an informal meeting. He stated the cultering language is in the agreement today and if it is going to be changed, they need to have an alternative. They need to stay the course and continue to try to find solutions. Com. Craft stated they are not going to develop this overnight and not going to go out and build roof tops tomorrow. There are $190 million Bert Harris claims pending due to the interpretation of the letter. They are willing to work with us and he believes rescinding the memo would show we appreciate that fact. Com. Lewis stated she cannot see prolonging the issue of the memo and felt they can find an interpretation without the memo. Com. Grande stated he believes the memo states this is the way it has alwsys been and we are not changing it. There were those who did not fully understand it, it was a memo of clarification and not a memo of change. Com. Coward stated the key issue is that the code was not written in a manner everyone understood. The memo was for clarification purposes and recommended continuing to work with the landowners and the committee. They need some sort of strategy to move forward and stated he would keep an open mind. It is important they consider every taxpayer in St. Lucie County with this issue. He does not believe tearing up the memo today would help it would only set them back. Com. Grande he believed there was not a reason for the request the committee be extended today. He felt the Board still had months to decide whether or not the committee should be extended. Com. Lewis stated there are people who have a vested interest in this issue and how they move forward and she would like for them to know they have time to complete what is needed. Com. Coward stated he believed there were three ideas on the table 1. advance TDR more formally 2. rescinding the memo 3. extending the time of the committee- which he supports Com. Craft stated he would be willing to rescind his motion and vote on the 3 issues separately. 2 Com. Coward requested input from the Chairman. Com. Smith stated he believed they had a good conversation today and Com. Craft’s comments are well noted. He felt this Ag PUD Ordinance does not say what you think it says. They need to figure out how to make it say what they want it to say and what the committee needs for it to say, for it to be useful to the county. Com. Smith stated he is excited to see that they are working. Com. Smith alluded to a project which came in after the memo was issued and the fact it was approved eventhough it did not fulfill the definitions of what was requested in the memo. He believes the Board has the descretion and the ability to make that decision. He stated the Board should move ahead and make it more clear that the Board would make the final decision and interpretation he then would be willing to vote for this part of st the motion. As far as the July 1 deadline, he sees that they are still working and he believes they should continue to move forward in getting the other funding as recommended by Com. Coward in order to move the process forward because time is ticking away. Com. Smith alluded to the Ft. Pierce Farms issue which had come before the Board several times for an extension due to their expiration date of 2010. He would be happy to entertain this extension in 30 days depending on the work product of the committee. He would be happy to support item #1 and look at the other some other time in the future. At this time Com. Craft withdrew his motion, as did the second. It was moved by Com. Coward, seconded by Com. Craft, to firmly support to request funding from the TPO to assist the county in moving forward with the TDR program, and; upon roll call, motion carried unanimously. It was moved by Com. Craft, seconded by Com. Lewis, to approve rescinding the memo sent to Growth Management regarding the AG PUD, and; upon roll call, the vote was as follows: Nay’s: Grande, Coward; Aye’s: Smith Craft, Lewis; motion to rescind carried by a vote of 3 to 2. It was moved by Com. Craft, seconded by Com. Lewis, to extend the life (sun-setting) of st the committee but not extend the July 1 deadline; and, upon roll call, the vote was as follows: Nay’s: Grande, Smith; Aye’s: Lewis, Craft, Coward; motion carried by a vote of 3 to 2. 5. GENERAL PUBLIC COMMENTS The Chairman of the Committee advised the Board they rescheduled their meeting so that if the Board of County Commissioners had any direction or questions, they would have the opportunity to place it on their agenda. 6. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Coward to approve the Consent Agenda as amended (item G and item B-3 pulled) and corrections addressed by Com. Grande (6 B-1 and B 4 clarification ) and the Assistant County Attorney ,and; upon roll call, motion carried unanimously A. WARRANTS The Board approved Warrant List No. 27. B. COUNTY ATTORNEY 1. Resolution No. 08-118 Changes to the Purchasing Manual Section 14 Payment Procedures- The Board approved Resolution No. 08-118. 3 2. Resolution No. 08-120 rescinding Resolution No. 04-210- The Board approved Resolution No. 08-120. 3. Fixed Base Operator- This item was pulled.. 4. Interlocal Agreement County Funded Court Employees- The Board approved the Interlocal Agreement and authorized the Chairman to sign. 5. Strategic Planning 2008- Permission to Advertise- Ordinance No. 08-018 Amending Chapter 1-2 (Administration) of the St. Lucie County Code of Ordinances and Compiled Laws to provide for the creation of Employee Separation Incentie Programs- The Board approved advertising Ordinance No. 08-018 for a Public Hearing on April 22, 2008 at 9:00 a.m. or as soon thereafter as it may be heard. C. PARKS AND RECREATION 1. Summer Camp Transportation/School Board Contract- The Board approved the contract with the St. Lucie County School Board for use of school buses for summer camps and authorized the Chairman to sign. 2. Budget Resolution No. 08-113 – The Board approved Budget Resolution No. 08-113 accepting donatins in the amount of $1,400 for the Limo Scavenger Hunt at Lincoln Park Community Center. 3. Seventh Amendment to Interlocal Agreement with City of Port St. Lucie- Tradition Field Traffic Control and Secuirty- The Board approved the Seventh Amendment to the Interlocal Agreement. 4. Avenue D Boys chois/Waive Fees/Indrio Road School House- The Baord approved the Avenue D Boys Choir’s request for waiver of $200.00 in user fees for the May 9 and May 10 filming at the Indrio Road School House. 5. Children’s Services Council/Swimming Lessions Grant- the Board accepted funding from the Children’s Services Council of St. Lucie County in the amount of $6, 478.00 to provide swimming lessons to 158 children this summer and authorized the Chairman to sign the contract. D. PUBLIC WORKS 1. The Board approved advertising a public hearing for May 13, 2008 to declare the structure at 4313 Avenue K, Ft. Pierce, Fla., an unsafe building 2. The Board approved advertising a public hearing for May 13, 2008 to declare the structure at 3355 Johnston Road, Ft. Pierce, Fla.. an unsafe building 3. The Board approved advertising a public hearing for May 13, 2008 to declare the structure at 5030 Edwards Road, Ft. Pierce, Fla. an unsafe building 4. The Board approved advertising a public hearing for May 13, 2008 to th declare the structure at 1910 N. 13 St., Ft. Pierce, Fla., an unsafe building 5. The Board approved advertising a public hearing for May 13, 2008 to declare the structure at 118 NE Jardain, Ft. Pierce, Fla., an unsafe building 4 6. The Board approved advertising a public hearing for May 13, 2008 to declare the structure at 2110 St. Lucie Blvd., Ft. Pierce, Fla., an unsafe building 7. The Board approved advertising a public hearing for May 13, 2008 to th declare the structure at 2206 S. 34 St., Ft. Pierce, Fla., an unsafe building 8. The Board approved advertising a public hearing for May 13, 2008 to declare the structure at 2516 Rolyat St., Ft. Pierce, Fla., an unsafe building 9. The Board approved advertising a public hearing for May 13, 2008 to declare the structure at 2702 Essex Court, Ft. Pierce, Fla., an unsafe building 10. The Board approved the use of emergency bid procedures and awarded Project No. 08-05, Sneed Road Emergency Culvert Replacement at No. St. Lucie River Water Control District Canal # 65 to Johnson-Davis, Inc., in an amount of $282,790.00 and authorized the Chairman to sign. E PUBLIC SAFETY 1. Certificate of Public Convenience and Necessity- The Board approved the renewal application of Coastal Care Advanced Life Support Transport Serivce for a Class B & F CON. 2. Certificate of Public Convenience and Necessity- The Board approved the renewal application of We Care of The Treasure Coast for a Class B & F CON. 3. Certificate of Public Convenience and Necessity- The Board approved the renewal application of American Jets, Inc.. Class E CON. 4. Certificate of Public Convenience and Necessity- The Board approved the renewal application of A Quality Care Transport for a Class F CON. 5. Certificate of Public Convenience and Necessity- The Board approved the renewal application of American Medical Response for Class B,C,& F CON. F. AIRPORT 1. Resolution 08-098- The Board approved Resolutin No, 08-098 accepting the Florida Department of Transportation Supplemental Joint Participation Agreement in the amount of $536,000.00 for 80% of the $671,000 cost laong with the additional $10,870 for 20% of the local match to complete phase 2 to complete the design and installation of the security access control system at the St. Lucie County International Airport. 2. Resolution 08-097- The Board approved Resolution No. 08-097 accepting the Florida Department of Transporation Supplemental Joint Participation Agreement in the amount of $32,475 to compelte the upgrade to the Electrical Vault at the St. Lucie County International Airport, along with the $8,119 accompanying local match cost and authorized the Chair or designee to execute same. 3. Resolution No. 08-099- The Board pproved Resolution No. 08-099 accepting the Florida Department of Transportation Joint Participation Agreemetn # 424426-1-94-01 in the a mount of $9,416 for 80% of the cost with the local share of $2,354 for a total project cost of $11,770 5 for the installation of lightning protection at the St. Lucie County International Airport. G. HUMAN RESOURCES Strategic Planning 2008- Resolution No. 08-119 Section 2.02.02 Exempt Employees- This item was pulled prior to the meeting. H. PURCHASING 1. Advertise a RFP for a concessionaire - The Board approved advertising RFP for a concessionaire to partially manage, and to provide an d maintain a concession area at the new Skateboard Park. 2. Advertise an Invitation To Bid- The Board approved advertising an ITB for the Rental of Construction and Industrial Equipment . 3. Award of Intivation to Bid- Th eBoard approved awarding the Invitation To Bid 08-029 to the lowest responsive, responsible bidder, Close Construction, Inc.. in the amount ofg $230,197.00 and authorized the Chiarmann to sign the contract as prepared by the County Attorney. I. GROWTH MANAGEMENT Equipment Request EQ 08-311 - The Board approved Equipment Request 08-311 for th epurchase of a Laserfiche Integrator Toolkit Software in the amount of $2,917.00. J. CENTRAL SERVICES 1. EZ Lock Shutters Inc., Change Order No. 1 to C08-01-058- Lincoln Park Community Center- The Board approved Change Order No. 1 to C08-01-058 EZ Lock Shutters to increase the contract sum for the Lincoln Park Community Center $525; total sum for this location will be $2500. and the total contract sum (Airport Customs Building and Oxbow Eco-Center) will be $100,600.00 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. 2. Old Courthouse/Courthouse Annex Renovation Projects- The Board approved the consolidtion of available funds in the amount of $2,364,415.00 making available a total of $8,400,516.00 for the Old Courthousee/Courthouse Annex Renovation projects leaving an estimated balance after renovation of $954,005.00 on had for contingency, phones/data, security and court furniture. K. PARKS REFERENDUM’ Emerson Avenue Sidewalk Project/Creech Enguneering Amendment to Work Authorization No. 5 (Contract 06-04-237) The Board approved the Amendment to Work Authorization 5 in the amount of $2,000 to provie FDOT Coordination Srvices for the Emerson Avenue Sidewalk project. L. COMMUNITY SERVICES The Board approved completing the pre application for U.S. Dept. of Agriculture USDA, Rural Housing Service grant that awards up to $100,000 to be used to rehabilitate housing for very low and low income residents and authorized the Chairman to sign the pre-applications as prepared by the Housing Staff. END OF CONSENT AGENDA PUBLIC HEARINGS 6 7.A GROWTH MANAGEMENT Consider staff recommendation to approve Draft Resolution No 08-089 amending Resolution No. 06-052 which granted a change in zoning from the AG-1 to the PUD (planned Unite Development- Plantation Acres); by amending Section C to correct scrivener’s error in the expiration date of approval; providing an effective date. It was moved by Com. Grande, seconded by Com. Coward, to approve Draft Resolution No. 08-089, and; upon roll call, motion carried unanimously. 7.B COMMUNITY SERVICES Modification Number 1 to revise program budget, scope of work and national objective for the St. Lucie County CDBG DRI grant # 07DB-3V-10-66-01-Z04 and authorize the Chairman to sign. It was moved by Com. Grande, seconded by Com. Lewis, to approve Modification Number 1 and authorized the Chairman to sign, and; upon roll call, motion carried unanimously. BOARD COMMENTS The Growth Management Director advised the Board of the following AG PUD’s approved last year: In June the Board approved Valencia Country Estates; in May Hunter’s Run was approved these two were in advance of the memo. In October Shinn Lakes was approved after the memo. Com. Coward stated his cocnern was with new applications and what would be the position of the Board. He does not know what action was taken today and he is not sure staff knows. He requested clarity. Com. Grande stated he believed that the majority that does not like the idea of clairfying in memo form. He is not sure what other method they would have beside making a motion and having it appear in the minutes which is what the Board usually does. He believes the precedent set today, the three people who voted are saying “lets never send a written clarification memo.” Com. Coward asked has the interpretation changed now that the memo has been rescinded. Com. Craft stated his interpretation has not changed and he felt what needs to be changed is the code. He stated they need to give specific direction to the AG Committee because he does not believe this is what they are working on i.e. code revision or the language for code revision. Com. Coward stated he believes they are recommending code revisions and felt they were “quite radical”. Com. Craft recommended the Board re-writing the Code they way they wish to see it (their interpretation) and let the Ag committee review it and start negotiations that way. He does not believe the existing PUD is a good starting point. Com. Coward disagreed. He believes they are starting to move in the right direction. He stated if both sides were truly commited to find a solution they would be looking at innovative solutions. They need to find a way to have agriculture stay as agriculture and retain their value and not give those who wish to flip property not for AG but for sprawl the ability to do so. The TDR offers solutions. 7 Com. Grande concurred with Com. Coward. He stated he believes what this is about is, do we structure something in order to save Ag or do we structure this to facilitiate a way to destroy it. Based on the action of the Board today, he questioned what is going to happen with the action of the Bert Harris actions filed today. The implication is were they filed due to the intetpretaion of the memo and if it is true can they be looking for them to be cancelled. Com. Lewis disagreed and stated she does not see the removal of the memo having a lot to do with it, the code is still in place. She stated she believes there are some on the committee who are not looking to do what is being implied . She felt is was improper to characterize it all. Com. Coward stated he was not doing so, but was basing his comment on what was identified factually. Some of those on the committee are indeed the largest land flippers of agricultural property in St.Lucie County and this was factual. He wants to work with those who wish to keep their property agricultural. Com. Smith commented on past actions of landowners and not realizing the repercussions of their actions. No action taken. There being no further business to be brought before the Board, the meeting was adjourned. __________________________ Chairman _________________________ Clerk of the Circuit Court 8