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HomeMy WebLinkAboutBOCC Minutes 02-24-2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 24, 2004 Convened: 9:00 a.m. Tape: 1,2 Adjourned: 10:40 a.m. Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Cliff Barnes, Doug Coward, Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Pete Keogh, Parks & Rec. Director, Don West, Public Works Director, Roger Shinn, Central Services Director, Beth Ryder, Community Services Director, Marie Gouin, M & B Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held February 17, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-62- A Resolution proclaiming the month of March, 2004 as ”Indian River Community College Swimming and Diving Month” in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 04-62; and, upon roll call, motion carried unanimously. Mr. Jerry Mock, IRCC Asst. Dean of Research was present to accept the proclamation. B. The County Administrator read upcoming events and meetings. 3. GENERAL PUBLIC COMMENTS (1-110) Mr. Bill Hearn, Indrio Road resident, questioned being able to bring back a matter for reconsideration by the Board. The County Attorney addressed his question. Mr. Hearn asked the Board to re-consider the industrial light rezoning which was approved at last week’s meeting. Ms. Michele McGovern, Aide to Representative Nelson, addressed the Board and advised them that Mr. Nelson office would be located in the building today for any concerns or questions. Ms. Julie Orben, Lakewood Park resident, addressed the Board regarding questions she previously had regarding mounds of dirt being placed in her area. The Public Works Director addressed her question and stated it was presently being handled through the County’s Code Enforcement Office and they would be reporting back to him. 4. CONSENT AGENDA (1-150) 1 It was moved by Com. Coward, seconded by Com. Barnes, to approve the Consent Agenda as amended to include the additions CA-1; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 23. 2. PUBLIC WORKS Building and Zoning- The Board approved the purchase of two F-150 Extended Cabs to replace vehicles ID # 40-3526 and ID# 40-3527 and approved Budget Amendment # 04- 136 and Equipment Request No. EQ4-239 and EQ04-240. 3. PARKS AND RECREATION A. Request approval to serve/sell at South County Stadium- The Board approved the City of Port St. Lucie’s request on behalf of the United Third Bridge to serve/sell alcohol at South County Stadium during its San Juan Festival on June 26, 2004. B. Request for approval to serve/sell alcohol at the St. Lucie County Fairgrounds, Equestrian and Events Center- The Board approved the St. Lucie County Fair Association’s request to serve/sell alcohol during the St. Lucie County Fair dates of February 27, 2004 through March 7, 2004 at the St. Lucie County Fairgrounds. 4. PURCHASING A. First Extension to Contract No. C02-03-295 with Hennis Construction Co. ,Inc., - The Board approved the first extension to contract C02-03- 295 with Hennis Construction Co., and authorized the Chairman to sign the extension as prepared by the County Attorney. B. Permission to advertise invitation for Bid for the Abandonment of Artesian Wells – The Board approved the request to advertise and Invitation for Bid for Abandonment of Artesian Wells. C. Bid # 04-021- I. Louis Ellis Memorial Park Concession Restroom Building (Re-bid)- The Board approved awarding Bid # 04-021 to the lowest bidder Hennis Construction for $139,500 and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Permission to advertise Invitation for Bid for lease of Airport property- The Board approved the request for permission to advertise an Invitation for Bid for lease of the Airport property located at the th northwest corner of US1 and 25 St. E. Pay Telephone Services- The Board authorized the County Administrator or his designee to execute agreements on behalf of the County for Pay Telephone Services and install courtesy phones in appropriate locations with local calls only. F. Bid Waiver and Piggyback Bid # 03-020 Cat Model 12H Articulated Motor Grader and Light Package- The Board approved the waiver of the bid process and permission to piggyback award of Bid # 03-020 to Kelly Tractor Company for the Articulated Motor Grader $161,412 and light package $1,845.25 equipment request EQ04-176. G. Second Extension to Contract # C00-03-232 - The Board approved the second extension to contract C00-03-232 with Inwood Consulting , 2 Inc., and authorized the Chairman to sign the extension as prepared by the County Attorney. H. Second Extension to Contract No. C00-03-233 with Camp Dresser and McKee- The Board approved the seconded extension to contract C00- 03-233 with Camp, Dresser and McKee for continuing professional engineering services and authorized the Chairman to sign the extension as prepared by the County Attorney. I. Second Extension to Contract No. C00-03-234 with LBFH, Inc., - The Board approved the second extension to contract C00-03-324 with LBFH for continued professional engineering services and authorized the Chairman to sign the extension as prepared by the County Attorney. J. Second Extension to Contract C00-03-235 with Post, Buckley, Schuh & Jernigan, Inc., - The Board approved the second extension to contract C00-03-325 with Post, Buckley, Schuh & Jernigan for continuing engineering services and authorized the Chairman to sign the extension as prepared by the County Attorney. K. Second Extension to Contract C00-03-236 with Masteller & Moler, Inc., - The Board approved the second extension to contract C00-03- 326 with Masteller & Moler for continuing professional engineering services and authorized the Chairman to sign the extension as prepared by the County Attorney. L. Resolution No. 04-66- Amending the St. Lucie County Manual of Purchasing Regulations- The Board approved Resolution No. 04-66 amending the paragraph 2 and paragraph 6 of Section 4.10 (Travel Cards) in order to expedite the payment process for the purchasing cards. 5. INVESTMENT FOR THE FUTURE A. Change Order No. 1 to contract C03-11-763 Property Solutions/Rock Road Correctional Facility- The Board approved Change Order No.1 to Contract No. 03-11-763 with Property Solutions to increase the contract amount by $9,636.00 and time an additional 20 days and authorize the Chairperson to sign the Change Order as prepared by the County Attorney. B. Award the Juanita Avenue over Taylor Creek Bridge Repair project, Bid No. 03-088- The Board approved awarding the bid to Sieg & Sons, Inc., the lowest bidder, in the amount of $36,470 establish the project budget as outlined in the attached memorandum and authorization for the Chairman to sign the contract as prepared by the County Attorney. C. Request for Work Authorization with Hazen & Sawyer Contract No. C03-02-235/Savannas Campground Pavilion and Lift Station- The Board approved the use of Hazen & Sawyer through a Work Authorization to construct a new pavilion and installation of a grinder type wastewater lift station and forcemain n the amount of $22,682.00 at Savannas Campground and authorized the Chairman to sign the Work Authorization as prepared by the County Attorney. 6. COUNTY ATTORNEY th A. South 25 St. Roadway Widening- Midway Road to Edwards Road- Temporary Construction Easement- The Board approved accepting the Temporary Easement, authorized the Chairman to sign Resolution 3 No. 04-63 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. th B. South 25 St., Roadway Widening- Right of Way- The Board approved the Contract for Sale and Purchase with Gary Brown, et al, in the amount of Five Thousand Five Hundred and 00 dollars as shown on the attached map, and authorized the Chairman to execute the Contract and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. Ordinance No. 04-017- Permission to advertise- The Board approved advertising Ordinance No. 04-017 for a public hearing on March 16, 2004 beginning at 6:00 p.m. or as soon thereafter as may be heard. 7. MANAGEMENT AND BUDGET A. Resolution No. 04-64 to appropriate $29,740 received from Adams Ranch, Ltd, - The Board approved Resolution No. 04-64. B. Budget Amendment BA04-135 transferring funding to cover purchase orders that were rolled over from fiscal year 2003 and t cover salaries for the Inmate Attorney position- The Board approved Budget Amendment 04-135. C. Request for authorization to submit an electronic application for the State Criminal Alien Grant 2004- The Board approved the electronic submission of the 2004 State Criminal Alien Grant Application, and authorized the County Administrator to sign the application. D. Alcohol and Other Drug Abuse Mini Grant Awards- The Board approved the awards of grant funds as stated on memorandum 04-46; th changing the award date this year to March 15 instead of January th 15; and authorizing the County Attorney’s Office to draw up the appropriate contracts for the Chairman’s signature. 8. GRANTS Request Board to apply for two United States Fish and Wildlife Service South Florida Coastal Program grants to assist with invasive plant removal at the Savannas Recreation Area and restoration of the Williams parcel on Ten Mile Creek- The Board approved submitting the applications to the US Fish and Wildlife Service South Florida Coastal Program. 9. COMMUNITY SERVICES Request Board approval to apply to U.S. Dept. of Justice Violence Against Women Office for a grant under the Safe Havens: Supervised Visitation and Safe Exchange Program for FY 04-06 on behalf of Exchange Club Castle Grant- The Board approved the submission of the grant application, authorized acceptance of the grant and authorized the Chairman to execute the application. 10. CENTRAL SERVICES Installation of Video Conferencing System between St. Lucie County Courthouse and Rock Road Jail- The Board approved the purchase of the Polycom system by Call One, Inc., State of Florida Contract No. 250-000-03-1 at a cost of $70,418.96. ADDITIONS CA-1 St. Lucie County Mosquito Control District- Donation of Property- The Board approved accepting the donations by resolution, subject to completion of the required due diligence and authorized the Chairman to sign the resolutions. The Board authorized the 4 County Administrator to send a letter to the FDEP notifying FDEP of the County’s action. REGULAR AGENDA(1-631) PUBLIC HEARINGS 5.A First Public Hearing for FFY 04 Community Services Block Grant (CDBG) Application- Consider staff recommendation to receive public comment as required prior to application of the CDBG. It was moved by Com. Barnes, seconded by Com. Bruhn, to proceed with the second public hearing; and, upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (1-970) Port St. Lucie Annexations- Staff requesting Board direction on how to proceed. The County Attorney made opening remarks regarding this issue and read the following memo addressed to the Board of County Commissioners, dated February 18, 2004. BACKGROUND: On February 3, 2004 the Board adopted Resolution No. 04-55 and 04-56 initiating conflict resolution on the proposed annexations of the Kenco and Lennar parcels by the City of Port St. Lucie. A map identifying the two parcels is attached to this memorandum. At the Board’s direction, the Community Development Director and the County Attorney appeared at the February 9, 2004 Port St. Lucie City Council meeting and requested that the City Council not proceed with adopting the ordinances authorizing the annexation of the Kenco and Lennar parcels and engage in conflict resolution with the County. The City Council declined to engage in conflict resolution and determined to proceed with the public hearings to consider the adoption of the two annexation ordinances. At the public hearings, the County Attorney placed in the record copies of certain relevant cases and statutes, the Community Development Director summarized his written report and opined that the proposed annexations created pockets and enclaves and were not contiguous. The developers of the Kenco and Lennar parcels were represented by Robert Klein, Esquire, and Michael Houston, a local planner. Mr. Klein presented legal argument and Mr. Houston opined that the annexations were contiguous and reasonably compact and otherwise met the requirements of state law. At the conclusion of the public hearings, the Port St. Lucie City Council voted 5-0 to approve both annexation ordinances. DISCUSSION: Since the Port St. Lucie City Council voted to adopt the annexation ordinance, the County has two potential options: (1) appeal the adoption of the ordinances by filing a petition for certiorari in St. Lucie County Circuit Court (Appellate Division) within 30 days of the adoption of the ordinances or (2) do nothing. If the County determines to file a petition of certiorari, a three judge panel will review the petition and determine the following: (1) whether the City afforded the County procedural due process (i.e. notice and an opportunity to be heard) (2) whether the City observed the essential requirements of law and (3) whether the City’s decision is supported by competent, substantial evidence. If the County determines to do nothing, then absent an appeal by an affected party other than the county, the annexations will become final at the end of the 30 day appeal period. In reviewing the record, it appears that the County’s best change of success on appeal would be to use the maps, the testimony and the cases submitted by the County to argue 5 that the City failed to observe the essential requirements of law in approving the Lennar and Kenco annexation ordinances. With regard to the Lennar parcel, one possible argument would, based on Mr. Murphy’s testimony, focus on the fact that access to the Lennar parcel can only be achieved through the unincorporated County- not the City. Another possible argument would be to use the maps and cases to argue that the Lennar and Kenco annexations create pockets and de facto enclaves. The City will focus on the testimony of Mr. Houston and Mr. Murphy and argue that competent, substantial evidence exists in the record to support the City’s decision to adopt the annexation ordinances. They will use the legal arguments outlined in the letters sent by the lawyers retained by Lennar and Kenco to argue that the City complied with the essential requirements of the law and provided the County with procedural due process. CONCLUSION/RECOMMENDATION: In my opinion, for the County to succeed in an appeal of the annexation ordinances, the County will have to overcome the conflicting testimony in the record and convince the three judge panel that the City failed to comply with the essential requirements of the law. Reported case law is very fact specific. I believe that the County has a legitimate argument to present in this regard. But, because of the conflicting evidence and case law, achieving success on appeal will be problematic. Staff recommends that the Board determine whether to authorize the County Attorney to file petitions for certiorari appealing adoption of the Lennar and Kenco annexation ordinances. Respectfully submitted Dan McIntyre, County Attorney PUBLIC COMMENTS Mr. Robert Simons, Mystic Way resident, addressed the Board and requested they oppose the annexation. Mr. Chuck Ray, Port St. Lucie resident, addressed the Board regarding the cost of litigation and how it would affect both the residents of the city and the county. Mr. Bill Hammer, Reserve resident, urged the Board to move forward with the process in order to bring a sensible solution to the development problem in the area. Mr. Carl Rivasi, Reserve resident, addressed the Board and stated he felt the city of Port St. Lucie was demonstrating “abusive powers”. Ms. Peggy Halusa, Pony Pines resident, addressed the Board regarding the annexation and stated the area cannot hold additional traffic. Ms. Pamela Hammer, Reserve resident, addressed the Board and asked them to file the writ and take the lead since the City refuses to compromise. BOARD COMMENTS Com. Bruhn asked what the county’s argument would be once they are before the 3 judge panel. The County Attorney stated they would focus on the maps, the statutes and the argument would be that they failed to meet the requirements of the law. 6 Com. Hutchinson questioned what she had heard regarding the city moved forward with obtaining an outside attorney for litigation purposes. The County Attorney stated this was true and they apparently anticipate litigation. Com. Coward commented on what he felt was “contract zoning” in the city. His concern was that developers were cutting a check to the city for unrelated improvements in order for them to receive substantial land development concessions in return. He perceives this and felt this leads to back room deals being cut and wonder if this should not be part of the county’s efforts as well. Com. Barnes addressed the comments received from the Port St. Lucie residents regarding the gridlock of traffic, schools and the affects on all residents. He supports the litigation. Com. Lewis stated when municipalities go to Court, no one wins and would prefer mediation. However, what mainly bothers her is that they failed to meet the essential requirements of law and she cannot get past this and will be agreeing to move forward with this matter. Com. Bruhn stated he would feel more comfortable if he had the opportunity to speak with the city before moving forward with litigation possibly at the March 4 joint meeting. Com. Lewis stated the city indicated they did not want to discuss this issue with us and they intended to proceed and she was not aware of this being an issue to be discussed at the joint meeting with all three entities and the School Board. Com. Hutchinson stated the county lobbyist brought up the issue of annexation issues being discussed at the state level. She asked the public to come forward and ask the state delegation to address these problems at the state level. It was moved by Com. Hutchinson to authorize the county to file petitions for certiorari on both annexations ordinances as well as Com. Cowards contract issue request; seconded by Com. Barnes; and, upon roll call, the vote was as follows: Nay: Bruhn; Aye’s: Coward, Barnes, Hutchinson, Lewis; motion carried by a vote of 4 to 1. Com. Barnes commented that the City of Port St. Lucie is looking to stop collecting impact fees. He asked if a report could be compiled by staff to advise the Board what authority the county has and if the city would not collect them how they would go about imposing them and collecting the fees. Com. Barnes had to leave the meeting at this time. 7. ADMINISTRATION (2-075) Purchase of Harbor Branch Shrimp Property- Consider staff recommendation that we allocate $10,400 from Contingency to perform appraisals and due diligence as the first step in acquiring this property. Staff is recommending that we allocate an amount from Contingency not to exceed $10,400 to perform the appraisals and title work on this property. It was moved by Com. Coward, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. 7 8. Bi-Weekly Committee by the Board There being no further business to be brought before the Board, the meeting was adjourned. _________________________ Chairman ________________________ Clerk of Circuit Court 8