HomeMy WebLinkAboutBOCC Minutes 11-25-2003
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: November 25, 2003 Convened: 7:00 p.m.
Tape: 1-2 Adjourned: 9:10 p.m.
Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Doug Coward,
Frannie Hutchinson, Cliff Barnes
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community
Development Director, Marie Gouin, M & B Director, Pete Keogh, Parks and Recreation
Director, Bill Blazak, Utilities Director, Beth Ryder, Community Services Director,
Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES (1-397)
It was moved by Com. Barnes, seconded by Com. Coward, to approve the minutes of the
meeting held November 18, 2003; and, upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATIONS
A. A presentation was made to the Board by the Master Gardener’s and Jr.
Master Gardeners.
B. The County Administrator read upcoming events and meeting.
3. GENERAL PUBLIC COMMENTS
Mr. Charles Grande, Hutchinson Island resident, addressed the Board regarding Hermans
Bay land swap and asked the County to provide a copy of the report before a meeting is
scheduled to discuss this issue.
Mr. John Griff, Lebanon Road resident, addressed the Board regarding the maintenance
of Tumblin Kling road. He asked the Board consider placing millings on the road.
Ms. Susan Caron, Indrio Road, thanked the Board for the meeting scheduled the previous
evening .
Mr. Grady Fitzpatrick, resident, addressed the Board concerning the barking dogs on Mr.
Crooks property. He stated the situation is intolerable at this point.
It was the consensus of the Board to review the previous action taken regarding the
exemption of certain Ag property owners (fitting the criteria as stated in the ordinance) .
Mr. Bill Stone, Lakewood Park, addressed the Board regarding Emerson Estates and
asked the Board to consider it’s impact in the near future.
Mr. Jim Parent, addressed the Board regarding the barking dogs issue and asked the
Board to reconsider the action taken and place a 5 minute time limit on barking dogs.
4. CONSENT AGENDA(1-1146)
It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent
Agenda with items C- 5C and 5D pulled; and, upon roll call, motion carried unanimously.
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1. WARRANT LIST
The Board approved Warrant List No. 10.
2. COUNTY ATTORNEY
A. Partial Release of Lien for St. Lucie County Code Enforcement Board
Order Imposing Fine/Lien in Case No. 10929 dated February 6, 2002-
The Board approved authorizing the Chairman to sign the Partial Release
of Lien.
B. 1606 G Terrace- Declare as Surplus Real Property according to Ordinance
No. 02-18- The Board approved declaring the real property surplus and
directed staff to proceed with disposal pursuant to Ordinance No. 02-18.
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C. South 25 St. Roadway Widening - Midway Road to Edwards Road-
Temporary Easement Herbert and Luna Rochester- Tax I.D. No. 428-331-
0001-130/4 – Parcel 721 - The Board approved the Purchase Agreement
with Herbert and Luna Rochester in the amount of One Hundred Thirty
Five and no/100 Dollars ($135.00) as shown on the attached sketch and
legal description, authorized the Chairman to execute the Purchase
Agreement and directed staff to close the transaction and record the
documents in the Public Records of St. Lucie County, Florida.
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D. South 25 St., Roadway Widening- Midway Road to Edwards- Temporary
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Easement-South 25 St., LLC –Tax I.D. No. 2532-444-0004-000/5- Parcel
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728- The Board approved the Purchase Agreement with South 25 St.,
LLC in the amount of Four Hundred Seventy Five and no/100 Dollars
($475.00) as shown on the attached sketch and legal description,
authorized the Chairman to execute the Purchase Agreement and directed
staff to close the transaction and record the documents in the Public
Records of St. Lucie County, Florida.
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E. South 25 St., Roadway Widening –Midway Road to Edwards Road-
Temporary Easement Fadel Chidiac-Tax I.D. No. 2429-444-0003-000/8
Parcels 715/733- The Board approved the Purchase Agreement with Mr.
Chidiac in the amount of One Hundred and no/100 Dollars ($100.00) as
shown on the attached sketch and legal description, authorized the
Chairman to execute the Purchase Agreement and directed staff to close
the transaction and record the documents in the Public Records of St.
Lucie County, Florida.
F. Revocable License Agreement- William T. and Lori Edwards- 2211 South
Indian River Drive- The Board approved the Revocable License
Agreement with Mr. & Mrs. Edwards, authorized the Chairman to execute
the agreement and directed Mr. & Mrs. Edwards to record the document in
the Public Records of St. Lucie County, Florida.
G. North Causeway Island Park (Boat Ramp)- Management Agreement for
certain Sovereignty Submerged Lands- Agreement No.MA-56-122- BOT
File No. 560218786- The Board approved the Management Agreement
for certain Sovereignty Submerged Lands Agreement No. MA-56-122
BOT File No. 560218786, extending the effective date to September 9,
2008, authorized the Chairman to execute the Management Agreement,
forward to Department of Environmental Protection for signature and
record in the Public Records of St. Lucie County, Florida.
H. Savanna Club Phase VII- Subdivision Improvement Agreement- The
Board approved the Subdivision Improvement Agreement and authorized
the Chairman to sign the agreement subject to receipt of adequate security
in a form acceptable to the County Attorney.
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I. Revocable License Agreement- Rio Vista Drive-Robert Norton and
Leilani Chandler- The Board approved the Revocable License
Agreement, authorized the Chairman to execute the Agreement, record the
Agreement in the Public Records of St. Lucie County, Florida.
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J. South 25 St. Roadway Widening – Midway Road to Edwards Road-
Temporary and Permanent Easements- James P. Raab, as Trustee of James
P. Raab Trust dated June 22, 2000- Tax I.D. No. 2428-233-0002-000/0
Parcels 726/801 – The Board approved the Purchase Agreement with Dr.
Raab in the amount of Two Hundred Dollars ($200.00) as shown on the
attached sketch and legal description , authorized the Chairman to execute
the Purchase Agreement and directed staff to close the transaction and
record the documents in the Public Records of St. Lucie County, Florida.
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K. South 25 St. Roadway Widening-Midway Road to Edwards Toad-
Temporary Construction Easement- North St. Lucie River Water Control
District- Parcel 724- The Board approved accepting the Temporary
Construction Easement from North St. Lucie River Water Control District,
authorized the Chairman to sign Resolution No. 03-311 an directed staff to
record the documents in the Public Records of St. Lucie County, Florida.
L. Alcohol and Other Drug Abuse Trust Fund- Mini Grant Procedures and
Form of Grant Agreement- The Board approved the Mini-Grant
Procedures and Form of Grant Agreement.
M. Florida Communities Trust – Indrio Blueway Buffer/FCT Project 02-091-
FF2- Option Agreement for Sale and Purchase- Trust for Public Land- Tax
I.D. No. 1416—0000-000-2 (FCT $990,000.) (SLC/FWS-$330,000.) -
The Board approved the Option Agreement for Sale and Purchase of the
Trust for Public Land Parcel for $1,320,000.as shown on the attached
map, authorized the Chairman to execute the Agreement and directed staff
to close the transaction and record the documents in the Public Records of
St. Lucie County, Florida.
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N. South 25 St. Roadway Widening- Midway Road to Edwards Road-
Permanent Easement-Board of Trustees of the internal Improvement Trust
Fund- Parcel 803-Resolution No. 03-315- The Board approved adopting
Resolution No. 03-35 as drafted.
O. Ordinance No. 04-001- Permission to Advertise- The Board approved
advertising Ordinance No 04-001 as drafted.
P. Acknowledgement of Contract with Florida Property Consultants Group to
Deighan Consultants- The Board approved the proposed
Acknowledgement of Agreement with Florida Property Consultants Group
to Deighan Consultants and authorized the Chairman to execute the
Acknowledgement.
3. PARKS REFERENDUM
Work Authorization to GCY Incorporated- Professional Surveyors and Mappers for
professional services related to Lakewood Urban District(Topographic Tree Surveys)
– The Board granted approval to use the services of GCY Incorporated through a
work authorization as prepared by the County Attorney in the amount of $43,200. and
authorized the Chairman to sign.
4. PARKS AND RECREATION
A. Fairgrounds Lighting Phase II- Capital Project Number 03-084- The
Board granted the contract to Ace Electrical Service, Inc., as drafted
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by the County Attorney, authorized the Chairman to sign and approved
the use of $6,000 from Impact Fees.
B. Interlocal Agreement between St. Lucie County and St. Lucie West
Services District- The Board approved the amendment as drafted by
the County Attorney and authorize the Chairman to sign.
C. Request for approval to amend the St. Lucie County Fairgrounds
Rental/Lease Agreement and approval of Resolution # 03-310 to add
an additional user fee category to the Rental Rates and Fees Schedule-
The Board approved the changes to the St. Lucie County Fairgrounds
Rental Lease Agreement as prepared by the County Attorney and
authorized the Chairman to sign . The Board also approved Resolution
No. 03-310 which provides for the addition of an additional user fee
category and fee.
D. Resolution No. 03-266- Agreement with Florida Indian Hobbyist
Association- The Board approved Resolution No. 03-266 allowing the
Florida Indian Hobbyist Association to use a portion of the Savannas
Recreation Area for its annual Pow-Wow in accordance with Florida
Statutes, and authorized the Chairman to sign the lease agreement.
E. Award of RFP # 04-001,Proposal for Surfing Business- The Board
approved awarding the contract to Geoffrey Schmidt Enterprises, Inc.,
and authorized the Chairman to sign the contract as prepared by the
County Attorney.
5. UTILITIES
A. Work Authorization with Camp, Dresser, McKee, Inc., the Board
approved the Work Authorization for construction assistance during
the construction of the Dry Storage Building at the South Hutchinson
Island Wastewater Facility in an amount not to exceed $15,000, and
authorized the County Administrator to execute the Work
Authorization.
B. Work Authorization with Masteller & Moler, Inc., - The Board
approved the 8” water main extension with Masteller & Moler, Inc.,
for the design and permitting of an extension of the Holiday Pines
domestic system in an amount of $5,500.
C. Work Authorization with Camp, Dresser & McKee- This item was
pulled.
D. Work Authorization with Masteller & Moler, Inc.,- This item was
pulled.
E. Work Authorization with Inwood Consulting Engineers, Inc.,- The
Board approved the Work Authorization with Indwood Consulting
Engineer, Inc., for the design and evaluation of the Fairwinds
Wastewater Treatment Plant in the amount of $21,470.
6. PUBLIC WORKS
A. Joint Participation Agreement- The Board approved Budget
Resolution No. 03-284.
B. Road and Bridge Division - Conditional acceptance of Prima Vista
Blvd., Extension- The Board approved conditionally accepting the
extension of Prima Vista Blvd., and authorized the Chairman to sign
the maintenance agreement.
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C. Road and Bridge Division- Rebuilding of the Railroad Crossing at CT
609 (Range Line Road) and Glades Cut-off Road- The Board
approved the transfer of $62,712 from Capital Resurfacing (101003-
41132-546200-42003) into the FEC Materials fund account (101003-
41132-553201-400) to pay for the rebuilding of the above crossing
authorize the issuance of a Purchase Order for the railroad crossing
rehabilitation, and authorize the Chairman to sign the new crossing
license agreement.
7. PURCHASING
A. Permission to advertise Request for Proposal for Bench Placement and
Advertising- The Board approved the request for permission to
advertise RFP for Bench Placement and Advertising.
B. Award of Bid # 03-092, Striping and Pavement Markings- The Board
approved awarding Bid # 03-092 Striping and Pavement Markings to
All Mark Pavement Marking Systems, Inc., at the unit prices
submitted and authorization for the Chairman to sign the contract as
prepared by the County Attorney.
C. Award of Bid # 04-003- Purchase of Transportable Bleachers- The
Board approved awarding Bid # 04-003 Purchase of Transportable
Bleachers to Century Industries for a total amount of $37,755 and
authorized the Chairman to sign the contract as prepared by the
County Attorney.
D. Award of Bid # 04-004, Purchase of One Material Handler Wheel
Excavator- The Board approved awarding Bid # 04-004 to Kelly
Tractor for a total amount of $261,562 and authorized the Chairman to
sign the contract as prepared by the County Attorney.
E. Award of Bid # 04-005 Purchase of One Hi-Track Type Tractor- The
Board approved awarding Bid # 04-005 to Kelly Tractor for a total
amount of $275,311 and authorized the Chairman to sign the contract
as prepared by the County Attorney.
F. Award of RFQ# 03-102, Outdoor Christmas Lighting Display- The
Board approved negotiating with the top ranked firm, Brandano
Display, and authorized the Chairman to sign the contract as prepared
by the County Attorney.
G. Award of Bid # 03-099- St. James Drive Maintenance- The Board
approved awarding Bid # 03-099 to T & L Commercial at the unit
prices submitted and authorized the Chairman to sign the contract as
prepared by the County Attorney.
H. Fixed Asset Inventory Property Record Removal- The Board
approved removing the requested records from the fixed asset
inventory of the Board of County Commissioners.
I. Award of Bid # 02-083, Re-Roofing of County Facilities - The Board
approved awarding Bid # 02-083, Re-Roofing of County Facilities,
Rock Road Correctional Facility B Wing to the second low bidder
Property Solutions Inc., for a not to exceed amount of $415,928.33 and
authorized the Chairman to sign the contract as prepared by the
County Attorney.
8. LIBRARY
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EQ04-218 Replacement Generator- Bookmobile- The Board approved the purchase of
a replacement diesel generator for the Library’s Bookmobile.
9. COMMUNITY SERVICES
Acceptance of the grant award of the FY04 Service Department grant from the State of
Florida DOT, approval of Resolution No. 03-281 and Budget Resolution No. 03-282-
The Board approved Resolution No, 03-281 and Budget Resolution No. 03-282 and
accepted the grant award.
10. INVESTMENT FOR THE FUTURE
Virginia Avenue Administrative Complex Security- The Board approved going out for
bid on the Administrative Complex Security Project and approved the use of Central
Services Project Reserves for the implementation of this security system at this location.
11. CENTRAL SERVICES
Purchase of Transcriber (EQ04-220) and Dual Cassette Reformatter (EQ04-219) used for
the BCC meetings and Budget Amendment # BA04-115 - The Board approved the
purchase of the Transcriber, Budget Amendment # BA04-115 and Equipment Request #
EQ04-220 and Dual Cassette Reformatter, and Equipment Request # EQ04-219 at a cost
of $2,293.00.
12. ADMINISTRATION
A. Authorize the Cultural Affairs Council Director to sign the grant
application for the Institute- The Board authorized the Cultural Affairs
Director to sign the application and assurances for the Institute of
Museum and Library Services Museum Assessment Program.
B. Revised ratification of appointments to the Annual Reorganization-
The Board approved the various revised ratifications of appointments
made by the Chairman to the Annual Reorganization held on
November 18, 2003.
C. Board of County Commissioners Meeting Cancellation- The Board
approved the cancellation of the BCC meeting on December 23, 2003.
13. COMMUNITY DEVELOPMENT
A. Ratification of the TDC’s decision- The Board approved the TDC’s
and staff’s recommendation to approve the proposed Special Event
Grant Agreement in the amount of $2,000 to the Florida Indian
Hobbyist Association Pow Wow as drafted by the County Attorney
and authorized the Chairman to sign the agreement.
B. Ratification of the TDC’s decision- The Board approved the Special
Event Grant Agreement for the Battle of the Bands/MLK Weekend
Celebration organized by the Sunrise City Community Housing
Development Organization January 17-18, 2004 Lawnwood Stadium
in the amount of $1,000 as drafted by the County Attorney and
authorized the Chairman to sign the agreement.
C. Simple Success Marketing Advertising Invoices- The Board approved
paying the attached invoices.
14. MANAGEMENT AND BUDGET
Supervisor of Elections Voter Education Funds- The Board authorized the Chairman
signing the Certificate Regarding Matching Funds.
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REGULAR AGENDA
5. COUNTY ATTORNEY
A. Resolution No. 03-283- Prohibiting Right Turns on Red from Prima Vita
Blvd., onto US # 1- Consider staff recommendation to approve the Resolution
as drafted.
It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Resolution
No. 03-283; and, upon roll call, motion carried unanimously.
B. Consider Resolution No. 03-230 granting approval to the petition of 250
Emerson Avenue LLC (through agent Houston-Cuozzo Group) for a change
in zoning fro 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 for the Planned Unit
Development to be known as Emerson Estates, all on property located east of
Emerson Avenue, ¼ mile north of Indrio Road.
The Community Development Director addressed the Board on this issue and stated there
were comments and questions raised at the prior evenings Urban Service Boundary
meeting which were relative to this particular project and these issues needed to be
addressed today. These comments were concerning traffic reports submitted by the
development and the question concerning that they did not adequately meet county
requirements and did not adequately address area impacts for other projects specifically
Portofino Shores.
This morning county staff reviewed the report and could not find in this particular report
anything that indicted there was a conflict. Staff contacted the interested community
residents who had commissioned the review of the work and asked for a copy of their
report, they could not get it today, but they were welcomed to make a copy of their report
tonight for their review. Due to this outstanding question which could be a significant
question.
Staff requested to continue the public hearing on this matter for a period of one week to
allow staff time to assess the information and make sure that all is in order.
Ms. Susie Caron, Indrio Road addressed the Board and stated her concerns were that the
report should be heard publicly . She also stated that Portofino Shores and the Park were
not added into the original study. She advised the Board that according to the engineer,
there would be an over limit of capacity of the road system should this development be
approved. She asked the Board review the report thoroughly.
Mr. Bob Bangert, Holiday Pines resident, addressed the Board and stated that no new
developments outside or inside the Urban Service Boundary should be approved until the
following criteria has been satisfied:
1. does it comply with the Comprehensive Plan
2. can the school system in this area accept more students or are they presently
overcrowded
3. where will the drainage for new development be directed
4. and can they supply adequate water for the next 20 years
5. is a suitable sewage treatment plant operational in the area
6. are there adequate fire protection and law enforcement protection in close
proximity to the development and can those department afford the new area
under its present budget
7. is the proposed development compatible with the existing residential
developments adjacent to it
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Mr. Robert Caron addressed the Board and provided a summary report for the
Board to review.
It was moved by Com. Bruhn, seconded by Com., Barnes, to continue the public
hearing to December 2, 2003 at 6:00 p.m. or as soon thereafter as possible; and,
upon roll call, motion carried unanimously.
6. COMMUNITY DEVELOPMENT (1-2417)
PGA VILLAGES- Development of Regional Impact Final Development Order- Staff
requested Board direction on this matter.
The Community Development Director advised the Board that the City of Port St. Lucie
has approved a final development order for this project.
The Treasure Coast Regional Planning Council forwarded a recommended development
order to the City of Port St. Lucie that called for additional consideration on several
issues that were not in their opinion adequately addressed and also provided for a series
of special development conditions and a recommended order of form for this particular
project.
The development order and resolution which was approved by the city included several
changes due to the recommendations from the Regional Planning Council and this is the
basis for the concerns which have been raised as to the consistency of the city’s action vs
what the Planning Council recommended. The City’s development order substantially
changed the form of the RPC order to the point where there were remaining concerns
which were not addressed to the Council’s satisfaction regarding transportation,
environmental, affordable housing, beach and waterway access.
The RPC by a vote of 9 to 6 to recommend that the Department of Community Affairs
file an appeal to the City of Port St. Lucie’s approval of the final DO for this particular
project. The grounds cited for the appeal dealt with the transportation, environmental
resources, beach and water access.
Staff supports the concerns on transportation.
Staff recommends a letter of endorsement be sent to the Dept. of Community Affairs
citing the comments and concerns.
Com. Bruhn questioned who had the right to appeal.
The County Attorney stated the DCA has the right to file such an appeal on a
development order. The County does not have the right to appeal directly, we can
recommend that the DCA appeal.
Mr. John Sapo, representing PGA addressed the Board on this issue. He stated he
believes they have a plan in place which will resolve the issues. They asked the County
Commission to allow the Regional Planning Council to continue its efforts to work with
the developer until the issues are addressed and allow the planning council to decide
whether or not to appeal this development order. They feel that a new and better plan
will be in place and it would not be necessary for the appeal.
Mr. Bill Kannel, Reserve resident, urged the Board to file an objection to the final
development order.
Mr. Carl Rivasi, Reserve resident, addressed the Board in opposition to the development
order and asked the Board to review this issue.
Mr. Bill Hammer, Reserve resident, stated it should be the rule that the developer have
the infrastructure in place before permit one is pulled.
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Com. Bruhn questioned the Planning Council’s role and stated it should be done by the
county and not duplicated by both the RPC and the county.
Com. Coward recommended sending a generic letter to the DCA acknowledging the fact
that the county concurs with the Regional Planning Council’s concerns, primarily the
transportation issues .
It was moved by Com. Coward, seconded by Com. Barnes, to send a generic letter to the
DCA expressing the county’s concerns on the transportation issue; and, upon roll call, the
vote was as follows: Nay: Bruhn, Aye’s: Barnes, Hutchinson, Coward, Lewis; motion
carried by a vote of 4 to 1.
Com. Bruhn voted in opposition to this motion due to the fact he felt there was a
duplication of the DRI process.
7. HERMANS BAY BEACH ACCESS- Exchange for Alternate Beach Access
Property- Permission to Advertise- Consider staff recommendation to grant
permission to advertise a public hearing on December 16, 2003 at 6:00 p.m. to
consider the proposed exchange of County Property.
The County Attorney addressed the Board on this issue.
The Richard Torpi, attorney for the property owner, requested this issue be withdrawn
and asked a informal special meeting be scheduled to address residents concerns and
then come back to the Board at a later date.
Staff was directed to schedule an informal meeting with the residents and the developer
and return to the Board.
This issue was withdrawn.
8. ADMINISTRATION (2-610)
The Board provided updates on the committees and advisory boards .
There being no further business to be brought before the Board, the meeting was
adjourned.
____________________
Chairman
_____________________
Clerk of Circuit Court
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