HomeMy WebLinkAboutBOCC Minutes 12-02-2003
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: December 2, 2003 Convened: 6:00 p.m.
Tape: 1-3 Adjourned: 11:00 p.m.
Commissioners Present: Chairperson, Paula A. Lewis, Frannie Hutchinson, Cliff Barnes,
Doug Coward, John D. Bruhn, absent
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community
Development Director, Pete Keogh, Leisure Services Director, Don West, Public Works
Director, Bill Blazak, Utilities Director, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES (1-0115)
It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of
the meeting held November 25, 2003; and, upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATIONS
2A. The County Administrator read upcoming events and scheduled meetings.
2B. The County Administrator made a presentation to Bud Adams from the Adams
Ranch in appreciation for his contribution to the Equestrian Center.
2C. COUNTY ATTORNEY
Resolution No. 03-319- Finance Portion of Equestrian Center- Consider staff
recommendation to adopt Resolution No. 03-319 as drafted.
It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Resolution
No. 03-319; and, upon roll call, motion carried unanimously.
2D. COUNTY ADMINISTRATION (1-468)
Request for Board Approval to accept donation of $350,000 from Bud Adams for the
Fairgrounds Equestrian Center- Consider staff recommendation to accept the donation of
$350,000 from Bud Adams and provide for naming rights for the Fairgrounds Equestrian
Center, additionally the Board approved Budget Resolution No. 03-318 establishing a
Budget for these funds.
It was moved by Com. Coward, seconded by Com. Hutchinson, to accept the donation
and also approved Budget Resolution No. 03-318; and, upon roll call, motion carried
unanimously.
2E. PURCHASING (1-497)
RFP # 03-061 Construction of a Design/Build Equestrian Center for the St. Lucie County
Fairgrounds- Consider staff recommendation to approve the short listed firms for RFP
No. 03-061, Construction of a Design/Build Arena. Staff also requested permission to
enter into a contract with the top ranked firm Ahrens Companies for a not to exceed
amount of $1,071,164.00 and authorization for the Chairman to sign the contract as
prepared by the County Attorney.
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It was moved by Com. Barnes, seconded by Com. Coward to approve the short listed
firms and also granted permission to enter into a contract with Ahrens for a not to exceed
amount of $1,071,164,000; and, upon roll call, motion carried unanimously.
3. GENERAL PUBLIC COMMENTS (1-510)
Mr. Chris Humphreys, Sandlewood Estates resident, addressed the Board regarding the
continuing noise level coming from the skating rink in the area. He stated when staff
visited the rink to measure the noise level, it came to just under the nuisance level
according to the ordinance.
Mr. Greg Rossolow, area resident, also addressed the noise problem coming from the rink
and asked the Board consider modifying the ordinance to be the same as if a boom box
were playing from an automobile.
Com. Barnes questioned the different criteria for automobiles, barking dogs and music
from such a facility.
Mr. George M. Baker, Port St. Lucie resident, addressed the Board in opposition to the
increase in impact fees and the use of the funds for a boardwalk at John Brooks Park. He
suggested the money be utilized at Fredericks Douglas Park.
Mr. Charles Crook addressed the Board regarding a complaint received last week about
his dogs continually barking. He advised them that the dogs have been moved.
Mr. Bill Casey, Indian River Estates resident, addressed the Board requesting stop signs
be placed along Bartow St.
4. CONSENT AGENDA (1-434)
It was moved by Com. Barnes, seconded by Com. Coward, to approve the Consent
Agenda; and, upon roll call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 11.
2. COMMUNITY DEVELOPMENT
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A. The Board approved the final plat of Prima Vista Crossings S/D –3
Re-Plat and authorized its execution.
B. Mirabella Yachts, Inc.,- The Board approved amending the JGIG
contract between the County and Mirabella Yachts, Inc., to increase
the job creation from 10 to 13 and require a minimum average hourly
rate of $18.00 per hour.
3. CENTRAL SERVICES
The Board approved the request to advertise an Invitation For Bid for the site preparation
and park development of Ancient Oaks, as specified in our Grant Agreement with the
Department of Environmental Protection FRDAP Program.
4. AIRPORT
The Board accepted the FDOT Joint Participation Agreement and authorized the
Chairman to execute the JPA and Resolution No. 03-316 authorizing the Chairman to
sign the agreement, for the design and rehabilitation of crosswind runway 14/32 at St.
Lucie County International Airport. This JPA provides for an additional $55,554 of the
$1,388,886 necessary for the project. This is a 5% matching fund JPA with the FDOT.
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5. PURCHASING
A. Bid # 04-002 Temporary Personnel Services- The Board awarded Bid
# 04-002 Temporary Personnel Services to Kelly Services for the
clerical workers, T & C Staffing for the Industrial workers and
authorized the Chairman to sign the contracts as prepared by the
County Attorney.
B. RFP # 03-098 Professional Engineering Services for Bridge
Evaluation & Design- The Board approved negotiating with the top
two ranked firms, Kimley-Horn & Associates and Jenkins & Charland,
Inc., and authorized the Chairman to sign the contracts as prepared by
the County Attorney.
C. Bid # 04-006, Construction of Dune Crossover at John Brooks Park-
The Board awarded Bid # 04-006 Construction of Dune Crossover at
John Brooks Park to Summerlin Seven Seas Inc., at $120.00 per linear
foot for a total project cost of $26,400 and authorized the Chairman to
sign the contract as prepared by the County Attorney.
6. COUNTY ATTORNEY
A. Air Charter of Florida Inc.,- The Board approved the ground Sublease
between Air Charter of Florida and Albert M. Hartnett for Hanger
3968.
B. Florida Communities Trust- The Board approved the Florida
Communities Trust Grant Contract for the Ten Mile Creek West
project 03-079-FF3 and authorized the Chairman to sign and transmit
the Grant Contract to Florida Communities Trust.
C. Florida Communities Trust- The Board approved the Amendment 1 to
the Grant Award Agreement, for Sheraton Plaza Preserve FCT Project
01-067 FFI and authorized the Chairman to sign and transmit the
Amendment to Florida Communities Trust.
D. Florida Communities Trust- The Board approved the Florida
Communities Trust Grant Contract for the Capron Trail Park Project
03-069 FF3 and authorized the Chairman to sign and transmit the
Grant Contract to Florida Communities Trust.
7. UTILITIES
A. Work Authorization with Camp Dresser & McKee, Inc.- The Board
approved the Work Authorization with Camp Dresser & McKee for
engineering services for the South Hutchinson Island Wastewater
Treatment Plant in the amount of $39,240.
B. Work Authorization with LBFH, Inc., - The Board approved the Work
Authorization with LBFH for the update of the Utility Master Plan in
the amount of $63,500.
C. Work Authorization with LBFH,Inc.,- The Board approved the Work
Authorization with LBFH, Inc., for periodic inspections and
preparation of an annual report. The lump sum not to exceed $17,000.
D. Work Authorization with Camp Dresser & McKee, Inc.- The Board
approved the Work Authorization with Camp Dresser & McKee for
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preparation for the preparation of the Holiday Pines Wastewater
Treatment Plant Interim Capacity Analysis reports in an amount not to
exceed $22,000.
E. Work Authorization with Masteller & Moler, Inc., for Engineering
Services- The Board approved the Work Authorization with Masteller
& Moler,Inc., for the preparation of the Holiday Pines Water
Treatment Plant Interim Capacity Analysis reports in an amount not to
exceed $17,850.
8. PARKS REFERENDUM
Work Authorization # 2 to Contract # C0 3-02-269 with Kimley Horn and
Associates, Inc.,- The Board approved Work Authorization # 2 to Contract # C03-02-269
with Kimley Horn and Assoc., for inspection, design and preparation of construction
specifications for the repair/restoration of the Lawnwood Stadium bleachers for the sum
of $40,000 and authorized the Chairman to sign the work authorization as prepared by the
County Attorney.
REGULAR AGENDA
7. PUBLIC WORKS
Road & Bridge- Consideration of establishing a multi-way stop at Bartow and
Myrtle.
The Road and Bridge Manager addressed the Board’s questions regarding the
placement of the requested stop signs and suggested a plan for the entire development
area be done and brought back to the Board for their review.
It was the consensus of the Board to direct staff to proceed with the overall plan and
come back with a report for the Boards’ review and also for staff to decide where to
place the stop signs on Bartow St., and place them as soon as possible.
It was moved by Com. Barnes, seconded by Com. Hutchinson to approve the
placement of stop signs on Bartow St., in the Indian River Estates ; and, upon roll
call, motion carried unanimously.
The County Administrator advised the Board that the signs would be placed by this
weekend.
5. COMMUNITY DEVELOPMENT (1-780)
A. Consider Resolution No. 03-240 granting approval to the petition of
250 Emerson Avenue LLC through agent Houston-Cuozzo Group) for
a change in zoning from AG-1 to PUD Emerson Estates and for Final
Planned Unit Development approval for the residential project to be
known as Emerson Estates and authorizing the final execution of the
plats located east of Emerson Avenue, ¼ mile north of Indrio Road.
The Community Development Director gave an update on this issue.
Com. Barnes advised the Board of his conversation with Susan Caron regarding this
project and the issues brought forth at the previous meetings.
Com. Lewis advised the Board of her conversation with Bobby Klein, attorney for the
developer.
Com. Coward commented on the staff report and stated the language in the document is
not consistent with the description as given by the Community Development Director.
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Mr. Bobby Klein, attorney for the developer addressed the Board on this issue and stated
for the record, “ for this record they adopt all matters in county files that are applicable to
what they are discussing tonight as a part of the permanent record”. He stated he agreed
with Com. Coward’s comments that the condition as written is not consistent with the
Community Development Directors’ interpretation of it and he would also say that their
understanding of it, is different from the Director’s interpretation. He believes that this
condition has not been changed from the Preliminary approval and it’s clear that this
development may have an impact that would require a traffic signal if and when the
county for FDOT would deem it warranted. At that time this development should be only
required to pay its fair share, the county has done this many other times”.
Mr. Richard Stevens, President of Corporation, addressed the concurrency needed to be
in place for public safety.
Mr. Klein stated as he understands his clients comments, they are agreeable to modifying
the condition with the proviso that they are entitled to re-coop whether in the form of
impact fee credits or building permits or reimbursements from others, he believes they
can work out the language between staff and himself.
Com. Coward stated he still remained concerned with the compatibility of the south
western area to its single family neighbors to the south with regards to density and use.
Mr. Klein stated with their discussion and reiterating what staff had said that the
application for the final PUD approval and the final plat does meet all the requirements of
the St. Lucie County Land Development Regulations and the Comprehensive Plans and
will state for the record that they accept the conditions and that consistent with his
previous discussions with Com. Coward, they would modify # 10 to conform to their
discussion.
Mr. Robert Caron, 8500 Indrio Road resident, addressed the Board in opposition to the
approval of Emerson Estates due to what he felt were false reports.
Mr. Bill Stone, 6504 Ft. Pierce Blvd., addressed the Board in opposition to the
development.
Ms. Patricia Boddy, 7101 Cabana Lane, addressed the Board in opposition to the project.
Ms. Susan Caron, 8500 Indrio Road, addressed the Board in opposition to the project .
Mr. Frank Stewart, 5001 E. Seminole Road, addressed the Board in opposition to the
project.
Ms. Nadine Stewart, 5001 E. Seminole Road, addressed the Board in opposition to the
project due to what she felt would be a loss of property value .
Mr. Charles Grande, Hutchinson Island, stated he concurred with the concerns of the
residents in the area regarding density, traffic and property value.
Ms. Julie Orben, 6603 Donlon Road, addressed the Board in opposition to the project and
the congestion it would bring to the area.
Mr. Cliff Norris, Feeder Road resident, addressed the Board and stated he felt there was
nothing wrong with what the petitioner was trying to accomplish, business is business.
Mr. Klein stated they used the best information provided for the traffic report. County
staff reviewed it as well as the petitioners engineers and both came to the same
conclusion, there is ample capacity to accommodate this project.
Mr. Michael Houston- Cuozzo/Houston Group, addressed the Board and provided the
information on what changes were made in order to accommodate the neighbors
including the 100% opaque buffer.
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Com. Coward expressed his concerns with the capacity when the future Regional Park
project is completed.
The Community Development Director presented an aerial view of the area per Com.
Barnes’ request. The future benefits were disclosed, i.e. utilities available in the future
for Lakewood Park, Environmentally sensitive areas preserved, etc.
Com. Barnes stated he wished to reassure those in Lakwood Park and the county that this
project has been well thought and planned and the planning is not a hap-hazzard project.
The County has not approved every development which has come before them, they have
examined this development and there have been changes in this development to
accommodate county concerns, environmental concerns, neighbors concerns and he is not
sure this message has been getting out. Those who have problems with the views, he
believes the developer has done something to mitigate this concern.
Com. Lewis stated she concurred with Com. Barnes’ comments and stated she would like
to make clear that this is not an extension of the Urban Services Boundary, it has not been
moved.
Com. Coward stated he would like to incorporate this project into the Charrette and
would like to see it held off until it is completed to see how it fits into the scheme.
It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve Resolution No.
03-240 subject to the two conditions:
1. intersection improvements be in place to maintain public
safety and concurrency.
2. providing a 100% opaque buffer to help with the compatibility
issues
Mr. Klein stated they were acceptable and also the reimbursement or credit should they
pay beyond their fair share regarding the signalization.
And, upon roll call, the vote was as follows: Nay: Coward; Aye’s: Hutchinson, Barnes,
Lewis; motion carried by a vote of 3 to 1.
Com. Lewis asked the current procedure under the traffic issue, be brought back at a
future date.
5.B COUNTY ATTORNEY
Petition for Abandonment- Abandon West Avenue C Resolution No. 03-312 and
Resolution No. 03-313 – Consider staff recommendation to approve the resolutions
instruct staff to publish the Final Notice of Abandonment and record the resolutions.
It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Resolution
No. 03-312 and No. 03-313; and, upon roll call, motion carried unanimously.
5.C COMMUNITY DEVELOPMENT
Consider draft Ordinance No. 03-025 creating a Countywide Law Enforcement Impact
Fee, to be effective October 1, 2003- Consider staff recommendation to approve draft
Ordinance 03-025 with an effective date being February 1, 2004.
Staff advised the Board that at this point they have not reached an agreement in principal
from the City of Port St. Lucie, negotiations are still on, however, they have received
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such agreements with the City of Ft. Pierce and St. Lucie Village. Absent the agreement,
staff has requested the Board continue this issue.
It was moved by Com. Coward, seconded by Com. Hutchinson, to continue this item on
December 16, 2003 at 6:00 p.m. or as soon thereafter as possible; and, upon roll call,
motion carried unanimously.
5.D COMMUNITY DEVELOPMENT
Consider Draft Resolution No. 03-242- approving the request of Teamsters Local Union
# 173 for a change in zoning from AR-1 zoning district to the CO zoning district for
property located at 3498 West Midway Road .
It was moved by Com. Coward, seconded by Com. Barnes, to approve Resolution No.
03-242; and, upon roll call, motion carried unanimously.
5.E Consider Draft Resolution No. 03-241 approving the request of Reitano
Enterprises, Inc., for a change in zoning form AG-1 zoning district to the CG zoning
district .
The Community Development Director suggested holding off on this parcel until what is
developed as a community interest for that area.
It was moved by Com. Coward, seconded by Com. Barnes, to continue this hearing on
February 17, 2004 at 7:00 p.m. or as soon thereafter as possible; and, upon roll call
motion carried unanimously.
5.F Resolution No. 03-243 Consider staff recommendation to approve the resolution
granting the request of Centerline Homes for a variance from the provisions of Section
6.02.02 (B)(1) to permit the construction of an access roadway and stormwater retention
areas lacking 75 feet of the shoreline setback and a 300 foot waiver to the 300 foot
shoreline setback.
Mr. Kevin Stinette, Indian River Keeper addressed the Board with no objections to the
project.
It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Resolution
No. 03-243; and, upon roll call, motion carried unanimously.
6. COUNTY ATTORNEY (2-2839)
A. Port St. Lucie Yacht Club- Consider staff recommendation that the
Board determine whether to continue the existing lease with Yacht
Club or terminate the lease.
Mr. Saul Schwartz, Commodore, addressed the Board’s questions regarding the lease
history.
Mr. Ted Guy, attorney for the Yacht Club members, addressed then Board and provided a
handout for the Board to review. He stated in looking at club it looks as if the Yacht
Club is doing a good job in maintaining the club and is working well with the county.
Ms. Gloria Decker, accountant, addressed the profit and non-profit status of the club.
The following members of the Yacht Club addressed the Board in favor of maintaining
the lease in place:
Jack Johnson, 123 S.E. Sonata Court
James Crosslin, 1862 S.E. Beving Ave.
Lee Primerano, 323 Holly Ave.
Gordon Phail, 1969 N/W Palmetto
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Mr. David Kaplan, 410 S.E. Naranja Ave., would like the club to be put to its best use
and be utilized by the general public for parties etc.
Ms. Laura Kaplin, 410 S.E. Naranja Ave., addressed the Board in favor of the club being
opened for public use and various programs, not just for members.
Mr. William Childs 12136 Riverbend, addressed the Board and stated they needed more
information to review regarding this issue.
Mr. Walter Deemer, Friends of the Marina, addressed the Board in favor of utilizing the
club for public purposes and stated the figure given as what it would be to run the
building are not accurate. He addressed the different status of the club (profit- not for
profit) issue, he believes the change warrants a breech of contract.
Ms. Susan Scherer 102 N.E. Jardain Rd., VP River Park Marina, addressed the Board
and asked that the future potential use of the club be for all residents and not just for the
club members.
Ms. Bobbie Deemer , 151 N.E. Naranja Ave., addressed the Board regarding the general
attitude of the club members when the general public approaches them for use of the
facilities ie. restrooms.
Com. Coward stated he appreciated the efforts put forth by the Friends of the Marina, but,
he respectfully disagrees with the comment that this is a county building, a county park.
This is not painting an accurate picture. This is a county park done through an agreement
with an existing organization who has invested over $100,000 into that building under
certain lease term agreements. He believes the for profit status was an error on their part.
He has a problem altering this agreement and felt they should continue with the existing
lease and should resort into full public hands after the 13 remaining years of the lease has
ended.
He does not see additional comments needed and they should uphold the existing lease.
Com. Hutchinson stated it seems both the Yacht Club and the Friends of the Marina are
working toward a common goal. She asked the Board be informed by a survey of the
area to see what other programs are of interest.
Staff was directed to do a survey to see if more public access is requested and work with
Ms. Preimerano on the results of her newsletter and the item will be reviewed at budget
sessions if not before.
There being no further business to be brought before the Board, the meeting was
adjourned.
________________________
Chairman
_________________________
Clerk of Circuit Court
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