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HomeMy WebLinkAboutBOCC Minutes 01-27-2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 27, 2004 Convened: 9:00 a.m. Tape: 1-2 Adjourned: 11:30 a.m. Commissioners Present: Chairman, 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 Murphy, Community Development Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Gayla Barwick, Tourism Director, Roger Shinn, Central Services Director, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes of the meeting held January 20, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Wings N Wheels- A presentation was made by INEZ Frid and Allen Weierman. B. Resolution No. 04-44- Congratulating the US. Naval Amphibious th Training Base- Ft. Pierce (USNATB) on the 60 Anniversary of its Founding in St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution No. 04-44; and, upon roll call, motion carried unanimously. C. The County Administrator announced upcoming events and meetings. 3. GENERAL PUBLIC COMMENTS Mr. Edward Green, former member of an amphibious team addressed the Board on issue 2B. Mr. Jeff Furst, Property Appraiser, advised the Board of the completion of the equipment replacement in his department. Ms. Julie Orbin, Lakewood Park resident, addressed the Board regarding the bulk water agreement with FPUA and asked if annexation would be required. Com. Lewis advised Ms. Orbin that Lakewood Park is not on future annexation maps. Mr. Charles Grande, Hutchinson Island, addressed the Board regarding item # 6 and asked them to follow staff recommendation and turn down the proposal. He stated giving up county rights to dispute annexation issues is not the way to go. Mr. Bob Bangert, Holiday Pines resident, addressed the county calendar which incorrectly states times scheduled for the charette. 1 Ms. Susie Caron, Indrio Road resident, addressed the water issue and asked the Board to make sure things are in place regarding water issues before approving future developments. 4. CONSENT AGENDA(1-1120) It was moved by Com. Coward, seconded by Com. Barnes, to approve the Consent Agenda with items C-3B pulled for two weeks and to include the approval of CA-1 and 2; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 19. 2. UTLITIES A. Work Authorization – Camp, Dresser, McKee,Inc.,- The Board approved Work Authorization for services involving design, permitting, bidding, and construction services for odor control system modifications at the South Hutchinson Island Wastewater Facility in the amount of $57,710.00. B. Work Authorization – Camp, Dresser, McKee, Inc.,- The Board approved Work Authorization for a Phase III Supplement for the South Hutchinson Island Reclaimed Water System Supplement Reuse in the amount of $18,300.00. C. Change Order – RK Construction- The Board approved the Change Order with RK Construction, Inc., for the installation of an additional standard sanitary manhole and pavement for two additional crossings to complete project construction at the St. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of $7,179.00. 3. PUBLIC WORKS A. Engineering Division- Permission to Advertise- Lebanon Road M.S.B.U. /Potable Water Improvements/FPUA- The Board approved accepting the petition and granted permission to advertise the Initial Public Hearing to be held on March 2, 2004. B. Solid Waste Division- Permission to Advertise for bids for Residential Solid Waste Collection and Recycling- The Board pulled this item until more information is obtained and reviewed regarding cost effectiveness of placing collection on the tax roll and also what it would cost those residents already residing in the city who have recycling. C. Solid Waste Division- Sole Source negotiations with Tropicana for the sale of landfill methane gas- The Board approved the negotiations between staff and Tropicana as a sole source, for the sale of landfill methane gas. Staff will develop the technical, financial and business parameters for the agreement for approval by the Board of County Commissioners. D. Engineering Division- Indian River Estates/Savannas Ecosystem Management Project- The Board approved the Amendment to the existing attached EPA Section 319 Nonpoint Source Management Program grant to include $1 million from the St. Lucie River Issues Team and $1 million appropriated by the State Legislature for the India River Estates /Savannas Ecosystem Management Project and 2 authorized the signature by the Chairman, subject to final review and approval of the grant contract by the County Attorney. E. Engineering Division- Request for a Public Hearing on Florida Rock Mine- The Board approved a public hearing date of March 2, 2004 or soon thereafter to consider the request of the Florida Rock Mine-North Plant to increase their hours for crushing operations. 4. GRANTS A. Grant Application- Florida Greenways and Trails for a grant of up to $100,000-The Board authorized the County Administrator to submit the grant application to the Florida Office of Greenways and Trails and to amend the Capital Improvement Plan to include the two projects for 2004/2005. B. Grant Application- U.S. Dept., of Agriculture Wetland Reserve Program- The Board authorized the County Administrator to sign the grant application for he U.S. Dept., of Agriculture Wetland Reserve Program. ADDITIONS CA-1 Proposed Agreement with TC Regional Planning Council for Design Charette and Town Planning Services- The Board approved the proposed agreement and authorized the Chairman to sign the agreement. CA-2 Final Plat Approval for Eagles Retreat @ Savannas Club- The Board approved the final plats for Eagles Retreat @ Savanna Club, subject to execution of all final subdivision agreements and posting of any required securities. 5. NO PUBLIC HEARING 6. COUNTY ATTORNEY Interlocal Agreement – Utility Bulk Sale- Consider staff recommendation that the Board not approve the redraft of the Interlocal Agreement approved by the City on January 20, 2004. In view of the issues outlined, staff requested the Board provide direction as to those issues if the Board desires to continue negotiations with the City and FPUA. The County Attorney gave background information on the issue and stated he was recommending denial of the city’s proposal. He advised the Board that prior to the January 13, 2004 meeting, he met with the FPUA Attorney and the Assistant City Attorney to discuss some issues. County staff presented revised agreements and a map that were negotiated with FPUA staff for Board consideration on January 13, 2004 and at that time the Board voted 4-0 to approve the agreement and the maps. Unfortunately at the January 20, 2004 FPUA Board meeting the FPUA Board tabled consideration of the agreements at the request of city. At the January 20, 2004 City Commission meeting it does not appear that the agreements and the map the county approved were ever formally presented to the City Commission. Instead, it appears that the Assistant City Attorney drafted an interlocal agreement to incorporate certain conditions which were outlined in the letter sent to the County Attorney on January 16, 2004 which outline various issues that he believed were acceptable to the City Commission. The City Commission did approve the re-drafted interlocal agreement, by a vote of 4 to 1 on January 20, 2004 . We did not see this re-draft until prior to this date. 3 The County Attorney reviewed the agreement which was approved on January 20, 2004 by the Board of County Commission and negotiated with FPUA staff, and the one the th city actually approved on the 20. In reviewing the conditions outlined by the City Attorney, the County Attorney advised the Board of the following: In number 3 where it states “The County will agree not to object to any future annexation by the City within our service area except on the grounds of contiguity” he stated that under State Law, the county has the ability to object not only on grounds of contiguity, but on grounds of compactness, pockets, enclaves, serpentine etc.. In number 7, where it states “There was no Bulk Utility Agreement included in the Interlocal, this statement is not accurate, they did negotiate a bulk utility agreement with the U.A. and are still doing so. In the city’s draft agreement, the County Attorney focused on the following: Number 1 “ Waiver of right to object to future annexations except on the grounds of contiguity, he felt this Board did not have the right by agreement, to waive the right of future Boards to contest future annexations on grounds that are specifically set out in state laws. He continued to discuss the various issues. He advised the Board he would suggest terminating the airport annexation agreement. With regard to Indian River Estates, the Board may want to consider taking a new straw ballot within 60 days, contingent upon the $3.5 million dollar commitment by FPUA. Let the people decide whether or not they want retail service at a lower cost with a 15 year deferment on annexation or if they prefer, bulk service without annexation at a higher annual cost. The County Administrator stated he concurred with the County Attorney’s thoughts and felt they cannot accept what is in this agreement. Com. Hutchinson asked if the City Commission voted on the agreement Staff advised her that to their knowledge, they did not. They believe it was not presented to them in an open session. Com. Lewis stated she has truly tried to get through the changes and possibilities but she keeps coming back to the point where she sees the two issues cannot be resolved together and this is where she is today. Com. Hutchinson stated the county has at least looked at the counter offers and she cannot say that Ft. Pierce has done the same. She has lost her enthusiasm and her optimistic attitude towards finding an agreement. Com. Bruhn stated he was still optimistic and stated he did not have a problem with withdrawing pending objections, and agrees to let them do Indian River Estates if they agree to a straw poll and agree to terminate the annexation of the airport, they can work it out. However, if they do not wish to, then the county can expand Holiday Pines . The County Attorney advised the Board he has prepared an interlocal agreement which incorporates some of the issues. He believes it is in our best interest to work something out with FPUA and the City as opposed to building our own facility or obtaining water from another source. He suggested that because time is short, they can take a look at the interlocal agreement which was drafted and make the necessary changes and send it back on last time and also indicate our intention to go ahead with Holiday Pines. The County Administrator advised the Board that at a meeting he attended last week, it was stated that the annual water hookups was 55 for FPUA and wastewater was 56, they 4 are not growing. The revenue stream would be almost $8 million per year for FPUA if we purchase the water and sewer from FPUA. The capital connection charges would be almost $25 to 30 million dollars if FPUA was to provide the services. The city of Ft. Pierce would produce a revenue of 6 cents on a dollar gross without investing any money. Increasing over time, over 15 years it would produce over $1 million dollars per year for the city. Com. Coward stated we needed to make the last effort. If we can do the parallel track, basically saying we have no more time and are prepared to move forward with other necessary utility expansion, but will give them one last opportunity at their last meeting, and put the fate of the City of Ft. Pierce in the hands of their city elected officials. If they are willing to compromise with us on the issues and if not, they leave us no choice but to do what we do not want to do and that is move forward with our own utility in the North County. Com. Hutchinson asked how many times do they have to try to work with the city when they do not even review what is presented. Com. Barnes moved that the version of the agreement alluded to by the County Attorney be sent to the city for a vote on this coming Monday, seconded by Com. Bruhn Com. Lewis expressed her concerns with the time limit issue. She also stated she has problems with waiving the current objections and at what point do you not uphold your oath of office to uphold the state laws. The County Attorney stated, each annexation issue needs to be looked at individually. The County Administrator advised the Board of a meeting he had with developers regarding the water. He suggested the following: 1. to reject the agreement from Ft. Pierce today 2. consider the agreement presented by the County Attorney and if approved submit it to the city and ask them to act on it Monday night, and should the Board approve staff’s recommendation to move forward with the expansion of Holiday Pines, that staff not act on it until Tuesday morning depending on the action of the Ft. Pierce City Commission on Monday. 3. should they approve the agreement then we would not go forward with the expansion, however, should they turn down the agreement, on Tuesday, we would begin drawing up the contracts with the engineering firms so that the county could move forward. Mr. Butch Terpening, Culpepper and Terpening, representing Portofino Shores, advised the Board of those who have invested a lot of money and asked the Board move forward with the parallel track. Ms. Pamela Hammer, Reserve resident questioned waiving annexation objections in Ft. Pierce and if it would preclude the BCC from objecting to what the city of Port St. Lucie would intend on annexing. The County Attorney stated each annexation stands alone. Mr. Terpening made the Board aware of the issues pending regarding clearance for the homes already built. The County Attorney suggested adding language to paragraph 10 regarding the MSBU for Indian River Estates. 5 Motion continued: to include the recommendations made by Com. Bruhn and Com. Coward modifying the agreement and reject the agreement presented by the city staff ; and, upon roll call, the vote was as follows: Nay’s: Lewis, Hutchinson; Ayes: Barnes, Bruhn, Coward; motion carried by a vote of 3 to 2. 7. CENTRAL SERVICES Design and Build expansion of the St. Lucie County Correctional Facility- Consider staff recommendation to approve the Selection’s Committee’s recommendation to negotiate cost with the top ranked firm, Centrex Rooney/Schnekel Shultz, for the Design /Build Expansion to the St. Lucie County Correctional Facility. The Architect addressed the Board’s questions. Com. Barnes requested input from all the users before finalization. It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Selection Committee’s recommendation; and, upon roll call, motion carried unanimously. 8. UTILITIES Work Authorization- Consider staff recommendation to approve a Work Authorization with Camp, Dresser and McKee Inc., for the design of the expansion of the Holiday Pines Wastewater Treatment Plant in an amount not to exceed $356,900. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Staff recommendation; and, upon roll call, motion carried unanimously. 9. UTILITIES Piggyback Contract- Astaldi Construction Corp., - Consider staff recommendation to approve Work Authorization with Camp, Dresser & McKee for the design of the expansion of the Holiday Pines Water Treatment Plant in an amount not to exceed $292.960. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. ITEMS 10 AND 11 WERE PULLED. UTILITIES ITEM 12 WILL BE RESCHEDULED- ADMINISTRATION- Bi-Weekly reports ADDITIONS RA-1 ADMINISTRATION Request for the Board to declare an emergency and authorize staff to order Field Padding for Thomas J. White Stadium- Consider staff recommendation to declare an emergency and authorize staff to purchase field padding from C & H Baseball in the amount of $36,154. and approve CAP# 04-079. 6 It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. ______________________ Chairman _______________________ Clerk of Circuit Court 7