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HomeMy WebLinkAboutBOCC Minutes 08-25-2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 25, 2004 Convened: 9:00 a.m. Tape: 1-2 Adjourned: 11:30 a.m. Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Cliff Barnes, Frannie Hutchinson, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Wetzel, I.T. Director, Pete Keogh, Parks and Rec. Director, Marie Gouin, M & B Director, Don West, Public Works Director, Roger Shinn, Central Services Director, Paul Phillips, Airport Director, Mike Bowers, Utilities Director, Jim David, Mosquito Control Director, Mike Palley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the minutes of the meeting held August 17, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. This item was pulled and was rescheduled for September 7, 2004. B. The Board congratulated the Sports Complex staff who received the 2004 Florida State League Municipality Award. C. A presentation by Inez Fred was made to Board thanking them for st their support of the 1 Annual Wings & Wheels Air and Military Vehicle Show. D. Com. Hutchinson presented Mr. Hap Merritt a plaque thanking him for his contribution to the Planning and Zoning Board for the past 10 years. E. The Airport Director gave a slide presentation on the affects of Hurricane Charley. F. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (1-1032) Mr. George King, County resident, addressed the Board regarding the need for an aftercare program for children with special needs. Ms. Diana Mitchell, Special Olympics Coordinator, addressed the Board and concurred with Mr. King’s request. Ms. Cheryl King, ARC St. Lucie County, addressed the Board regarding the special needs program requested by Mr. King and stated The ARC of St. Lucie County was willing to provide such a program and asked the Board to assist with the funding. It was estimated the program would cost $112,677 per year. The Board directed staff to research providing the seed money for the program and bring the information back to the Board for review. Ms. Dolores Hogan Johnson, President, Waterfront Council, addressed the Board regarding item 13 and asked the Board to stand by the Port Master Plan. 1 Mr. Charles Grande, Hutchinson Island resident addressed the Board and stated he did not wish to see the Comp Plan compromised . Mr. Craig Munt, Hutchinson Island resident, addressed the Board and thanked them for televising the Candidates Forum. Mr. Munt addressed the Port and the application made for the permits. 4. CONSENT AGENDA (1-2025) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 49. 2. MANAGEMENT AND BUDGET Supervisor of Elections Voter Education funds- The Board approved authorizing the Chairman to sign the attached “Certificate Regarding Matching Funds”. 3. PUBLIC SAFETY State of Florida Hazardous Materials Grant- Budget Resolution No. 04-245 in the amount of $7,841.- The Board approved Budget Resolution No. 04-245 in the amount of $7, 841 to recognize additional funds that were not identified during the adoption of the FY 2004 budget. 4. UTILITIES Work Authorization with LBFH, Inc.,- The Board approved the Work Authorization with LBFH, Inc., for engineering services for the preparation of an amended water and wastewater systems master plan for both the northern and western areas of the county in an amount of $69,950.00. 5. PARKS AND RECREATION A. Fairgrounds Dividers Curtains- Resolution No. 04-254 and Budget Amendment BA 04-165- The Board approved Resolution No. 04-254, Budget Amendment 04-165, and to purchase the divider curtains at a cost of $5,000. B. Request approval to serve alcohol at Pepper Park- The Board approved Leed Insulation’s request to serve alcohol during its annual picnic on September 11, 2004. 6. COUNTY ATTORNEY A. Lennard Road MSBU- Ellen Hensin f/k/a/ Linda Ellen Klein- Parcel I.D. No. 3414-501-0607-000/3- The Board denied the counteroffer due to the fact that the counteroffer significantly exceeds the value determined by Deighan Consultant’s appraisal. B. St. Lucie Village Heritage Park- Interlocal Agreement- The Board approved the Interlocal Agreement and authorized the Chairman to sign. C. Herman’s Bay- Assignment of Improvement Agreement by Treasurer Cay LLC to Hutchinson Island 45- The Board approved the proposed 2 assignment and assumption agreement between Treasure Cay, LLC and Hutchinson Island 45, Inc. D. Paleo Hmmock Addition- Paul Revels Trustee- The Board authorized staff to prepare a Contract for Sale and Purchase for each parcel referenced in the agenda item in the amount of $300,000 for a total of $600,000 authorized the Chairman to execute the Contracts, directed staff to close the transactions and record the documents in the Public Records of St. Lucie County. 7. HUMAN RESOURCES Compensation for staff called up for active military duty- The Board approved the request and authorized approval by the Chairman effective October 1, 2004 to September 30, 2005. 8. PUBLIC WORKS A. Environmental Resources Division- Request of Trowbridge Lakes Subdivision, Inc.- The Board approved the request for an exemption from the requirements of Section 11.02.09 (A)(5) be approved and that no environmental impact report be required for this project. B. Environmental Resources Division- Request of John E. Rogers through agent James A. Fowler, PSA,PA - The Board approved the request for an exemption from the requirements of Section 11.02.09 (A)(5) be approved and that no environmental impact report be required for this project. C. Environmental Resources Division – Request of Brantley Schirard, Jr. through agent Carter and Associates- The Board approved the request for an exemption from the requirements of Section 11.02.09 (A)(5) and that no environmental impact report be required for this project. D. Engineering Division- Indian River Estates Street Lighting District- Amending Special Improvement Service District No. 12”- Additional Lighting- The Board granted permission to advertise a public hearing to be held on September 28, 2004 to consider amending the Indian River Estates Street Lighting District for the addition of one light. E. Solid Waste Division- Equipment Request # EQ04-272 and Budget Amendment BA04-164 - The Board approved EQ04-272 and BA04- 164 and authorized the emergency purchase of five pumps to pump leachate from the center of Phase II for a total of $17,582.55 from QED Environmental Systems, Inc. F. Engineering Division- Sunland Gardens MSBU Phase 1- Deed restrictions- The Board approved accepting the Deed Restrictions and authorized staff to record said documents with the Clerk of Court. G. Road and Bridge Division- Sole Source Florida Rock Industries- The Board approved the Sole Source purchase of Coquina Base Rock P2 with Florida Rock Industries. 9. AIRPORT A. Federal Aviation Administration grant for the Preparation of Design Plans- The Board approved the FAA grant in the $677,000 for the Preparation of Design Plans for Parallel runway 9L/27R and Install Perimeter Fencing and authorize the Chair to execute the grant. 3 B. FDOT JPA Perimeter Fencing- The Board approved the FDOT Joint Participation Agreement and authorized the Chairman to execute the JPA and Resolution 04-253 to authorize the Chair to sign the agreement. This FDOT grant provides $152,000 of the $190,000 project total. C. FDOT JPA Drainage Improvements- The Board approved the FDOT Joint Participation Agreement and authorized the Chair to execute the JPA and Resolution No. 04-252 authorizing the Chair to sign the agreement. This FDOT grant provides $200,000 of the $250,000 project total. 10. ADMINISTRATION Appointment to the St. Lucie County Planning and Zoning Commission- The Board ratified Com. Hutchinson’s appointment of Mr. John Knapp to the P & Z Commission. 11. GRANTS A. Submittal of a grant application in an amount not to exceed $500,000 to the St. Lucie River Issue Team program for Harmony Heights stormwater improvements and to accept the grant if it is for funding- The Board approved the submittal of the SLRIT grant application for Harmony Heights and the acceptance of the grant if it is awarded. B. Submittal of a grant application in an amount not to exceed $200,000 to the St. Lucie River Issue Team program for the Vitolo Park restoration project – The Board approved the submittal of the grant application for Vitolo Park restoration and the acceptance of the grant if it is awarded. C. Submittal of a grant application in an amount not to exceed $500,000 to the St. Lucie River Issue Team program for Ten Mile Creek restoration project- The Board approved the submittal of the grant application for the Ten Mile Creek restoration project and acceptance if the grant if it is awarded. 12. PURCHASING A. First Extension to Contract No. C02-10-084 with life Safety Systems, Inc.,- The Board approved the first extension to contract C02-10-084 for Fire Sprinkler System Inspection Testing & Maintenance at County facilities. B. Second Amendment to Contract No. C01-10-571- with General Elevator Sales & Services- The Board approved the second amendment to Contract C01-10-571 with General Elevator Sales and Service and authorized the Chairman to sign the amendment as prepared by the County Attorney. st C. Third Amendment to Contract No. C02-10-024 with 1 Fire & Security - The Board approved the third amendment to contract C02- st 10-024 with 1 Fire & Security and authorized the Chairman to sign the amendment as prepared by the County Attorney. D. First Extension to the contacts with the firms listed on the Bid Award Form for Demolition Services- The Board approved the first extension to the contracts with DPC General Contractors, Inc., General Mechanical Corporation, John O’Connell Demolitions, LEB Demolitions Services & Consulting Contractors, Inc., and Thomas B. Cushing Demolition for Demolition Services and authorized the Chairman to sign the extensions as prepared by the County Attorney. 4 E. Bid # 04-098- Disposal of Scrap Metal at the Bailing and Recycling Facility- The Board approved awarding Bid # 04-098 to the highest bidder Trademark Metals Recycling Co. LLC 52.76% of revenue of # 2 bundle price based on Birmingham Market. 13. GROWTH MANAGEMENT Consider request of S-2 Yachts for a Major Adjustment to a Major Site plan known as S- 2 Yachts- Draft Resolution No. 04-211- The Board approved Draft Resolution No. 04- 211 which would grant a major adjustment to a major site plan as submitted. 14. PARKS REFERENDUM New flag pole for Lawnwood Football Stadium- The Board approved the purchase of a 40 ft., flagpole and accessories at a cost of $1,880 to replace the old one at Lawnwood Football Stadium. REGULAR AGENDA (1-2094) 5.A MANAGEMENT AND BUDGET Amendment to FY 2004 Budget- Consider staff recommendation to adopt Budget Resolution 04-247 amending the FY04 budget. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 04- 247; and, upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (1-2305) Resolution No. 04-248- Supplementing Resolution No. 94-196 to Finance the Cost of Water Improvements within the King Orange 2 MSBU- Consider staff recommendation to approve Resolution No. 04-248 as drafted. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Resolution No. 04-248; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (1-2373) Resolution No. 04-249- Supplementing Resolution No. 94-196- to Finance the Cost of Water Improvements within the Skylark 2 MSBU- Consider staff recommendation to approve Resolution No. 04-249. It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 04- 249; and, upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY (1-2392) Resolution No. 04-250- Supplementing Resolution No. 94-196 to Finance the Cost of Water Improvements within the Revels Lane 1 MSBU- Consider staff recommendation to approve Resolution No. 04-250. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution No. 04-250; and, upon roll call, motion carried unanimously. 9. PUBLIC WORKS (1-2421) Request to accept the balloting results and direct staff to proceed with the Indian River Estates MSBU with St. Lucie County Utilities Authority- Consider staff recommendation to accept the balloting results and direct staff to proceed with the Indian River Estates MSBU with St. Lucie County Utilities as the service provider, purchasing bulk water from FPUA. 5 It was moved by Com. Coward, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. 10. CULTURAL AFFAIRS (1-2571) Art in Public Places Program-David Hayes Lease Agreement- Consider staff recommendation to direct the County Attorney to prepare a lease agreement for the aforementioned exhibition and authorize the Cultural Affairs Director to sign same agreement in the name of the County. It was moved by Com. Coward, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. 11. ADMINISTRATION (1-2880) Michael K. Horowitz, Sunrise Board President requested that the St. Lucie County Board of County Commissioners appoint a Board member for representation on the Sunrise Theatre Board- Consider staff recommendation to appoint a Board member and ratify the appointment. It was moved by Com. Coward, seconded by Com. Bruhn, to appoint Com. Hutchinson and, upon roll call, motion carried unanimously. 12. COUNTY ATTORNEY (1-3159) Port St. Lucie Annexations-Kenco-Lennar –Consider staff recommendation that the Board conceptually approve the proposed settlement and authorize dismissal of the Petition for Writ of Certiorari upon receipt of written agreements with appropriate security in a form and amount acceptable to the County Attorney. The County Attorney gave an update on this issue. The County Attorney stated during the mediation, the County proposed two concepts for the city to consider. Most important was to improve communications between the county and the city to avoid future conflicts. Secondly, they discussed the fair share contribution of developers for impact on county facilities primarily roadways such as Midway and Glades Cut Off and McCarty Road. The Asst. County Administrator addressed the Board and advised them where this issue stands at this point. Mr. Wazny stated Kenco is 394 acres and Lennar 288 acres. The Kenco and Lennar were subject to the County’s Land Development Code prior to the annexation. This would only allow Kenco to build 158 homes and Lennar 115 homes. The legality of the annexation was challenged due to the fact that it appears the Lennar parcel creates a pocket and the Kenco annexation makes it impossible to service Pony Pines without traveling through Port St. Lucie. The Reserve HOA has settled litigation after the city agreed not to annex the Reserve and confirmation has been received. Kenco approached Port St. Lucie regarding annexation in order to increase the density as did Lennar. As an incentive, the builders have agreed to pay the city of Port St. Lucie as much as $750,000 each to be used for the troubled Port St. Lucie Saints Golf Course. The increased density creates severe infrastructure problems on the adjacent county transportation network. The County Attorney stated the Board could comment on the concept and the letters from the developers are not a final agreement. A formal agreement would need to be drawn up. There are issues which need clarifying in terms of timing of dismissal in 6 relation to the DCA approval, we need to flush out the right of way donations and the county’s level of cooperation. These issues need and can be resolved prior. The County Attorney stated that is was clear the city of Port St. Lucie is not going to agree as part of this process, based on what he has heard from the mediator, that they will not agree to include the communication language as part of some stipulated agreement. The city has declared an impass. Com. Hutchinson suggested having staff go back and talk with the developers, fine tune it and bring it back to the Board. This was taken as a motion. Seconded by Com. Barnes, Com. Coward requested discussion and asked if Com. Hutchinson was approving the settlement agreement in concept. Com. Hutchinson stated she was not. What she was saying was to re-work it and bring it back. Mr. Bobby Klein, attorney for the developers addressed the Board. He stated when they were approached by staff with these discussions, it was intended to come before the Board today to create a conceptual understanding that would allow the Board to authorize the staff to proceed with the drafting of the settlement agreement. He heard staff say there was a concern on the Kenco letter and this can be addressed. Com. Barnes stated he had not had the opportunity to go through the letters or the proposals line by line but generally seem to be a step in the right direction, they in compass what he is looking for and that is to protect the roadway system. But, he is also not willing to say today that all but one thing is perfect. Com. Hutchinson concurred and stated she has not had time to talk with staff and asked maybe to bring this back next week. Com. Barnes asked if they were moving in the right direction and could be brought back next week. Com. Lewis stated she is understanding this motion to be approval of the overall concept that has been put before them and they need a little time to work out item “F” and she does not believe they are telling the petitioner to go to square one and start all over. Mr. Klein stated his concerns. He also pointed out that there was still adequate capacity remaining of the roads and that neither Lennar or Kenco is doing anything that triggers either of the roads to fail or to be four laned, these are total contributions given by the developers. His concern is that the longer they wait the longer it takes to have the settlement agreement and the longer it takes for the letter to be sent to the DCA and this serves no purpose whatsoever. They do have a concern about the time. Com. Barnes suggested the settlement agreement be brought before the Board next week. The County Administrator advised the Board of no meeting scheduled for next week. Com. Lewis suggested either a special meeting be scheduled or that it be placed on the next weeks’ agenda. The County Attorney stated they would bring it back as soon as they can, either a special meeting or on the first available meeting. And, upon roll call, motion carried unanimously. 7 13. ADMINISTRATION (2-1697) Port of Ft. Pierce- Staff is requesting direction on the Submerged Land Lease Application. Staff is also requesting direction on completing the attached City of Ft. Pierce ballot approving or disapproving the requested site plan with conditional use. The County Administrator advised the Board that the City Planning Board denied the application. Com. Barnes stated they should everything they can to oppose this proposal at the state level. Com. Coward stated Mr. Revella has requested a meeting with him to go over the issue as a result of the Harbor Advisory Committee. It was moved by Com. Barnes, seconded by Com. Bruhn, to oppose the ballot from the city of Ft. Pierce objecting the four moorings going into house private vessels and second to send a letter to the DCA and the DEP stating that any application for the Port of Ft Pierce must meet the County’s Comprehensive Plan and also the Port Master Plan; and, upon roll call, motion carried unanimously. 14. Bi-weekly Committee Reports- The Board gave updates on the committee and advisory boards on which they serve. There being no further business to be brought before the Board, the meeting was adjourned. ____________________________ Chairman ____________________________ Clerk of Circuit Court 8