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HomeMy WebLinkAboutBOCC Minutes 01-06-2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 6, 2004 Convened: 6:00 p.m. Tape: 1-2 Adjourned: 9:00 p.m. Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Heather Young, Asst. County Attorney, Dennis Murphy, Community Development Director, Jack Southard, Public Safety Director, Beth Ryder, Community Services Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-027) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes of the meeting held December 16, 2003; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-24-Supporting the establishment of fair and equitable rates for development disability services for the Florida Department of Children and Families- Consider staff recommendation to adopt the Resolution as drafted. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution NO. 04-24; and, upon roll call, motion carried unanimously. B. Resolution No. 04-27- Proclaiming January 6, 2004 as “Eddie Enns Day” in St. Lucie County, Florida- Consider staff recommendation to adopt the Resolution as drafted. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Resolution No. 04-27; and, upon roll call, motion carried unanimously. C. The County Administrator read upcoming events and meetings. 3. GENERAL PUBLIC COMMENTS Mr. Burns, Chairman of the Dr. Martin Luther King Commemorative Committee addressed the Board and requested assistance in funding the event’s security. The Chairman advised Mr. Burns of the county’s policy not to donate to non-for-profit organizations. Mr. Burns advised the Board of the $1,000 received from the TDC as opposed to his request of $2,000 from the TDC as in the previous year. He also acknowledged the Sheriff’s department has lowered their security cost to $5,000 from the original $11,000 figure. The Board recommended requesting the full $2,000 from the TDC. 1 It was moved by Com. Coward, seconded by Com. Bruhn, to request the TDC provide the $2,000 in assistance to the Dr. Martin Luther King Commemorative event; and, upon roll call, motion carried unanimously. Ms. Pamela Hammer, Reserve resident, addressed the Board regarding the comments the Community Development Director had on the application by the City of Port St. Lucie for the wastewater treatment plant and also commented on the two options given which will be discussed later this evening as an agenda item. Mr. Charles Grande, Hutchinson Island resident, addressed the Board and requested the Board become more Pro-Active with issues. Susie Caron, Indrio Road resident, addressed a previous invoice submitted to the Board for payment of a road study the residents in her area had requested. The County Administrator advised Ms. Caron that it was the consensus of the Board not to pay this bill. Ms. Caron questioned if the amendments to the study had been inserted. The Community Development Director advised Ms. Caron all that was presented at the last public hearing had been installed into the file report. Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the Taylor Creek Dredging and asked it be done correctly. 4. CONSENT AGENDA (1-859) It was moved by Com. Bruhn, seconded by Com. Barnes, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. It was moved by Com., seconded by Com., to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List Nos. 14, 15 and 16. 2. PUBLIC SAFETY Resolution No. 04-01 approving Emergency Management Services Grant from the State of Florida Health Department- The Board approved the Resolution and authorized the Chairman to sign the application. 3. CENTRAL SERVICES A. Bid Waiver and Sole Sources Declaration- A/C Division Central Services- The Board approved the bid waiver and sole source declaration to Siemens Building Technologies, Inc., for the APOGEE Energy Management Systems Upgrade at a cost of $40,000. B. Change Order No. 3- TECO Energy Systems- The Board approved Change Order No. 3 to contract No. CO1-090590 with TECO Energy Systems to reduce the contract sum by $32,396.00 and authorized the Chairman to sign the Change Order amending scope of work for administrative complex to omit installation of energy management services controls for roof top A/C units serving the Civic Auditorium. 4. PARKS AND RECREATION 2 Release of Retainage to Jim Wright Construction Inc., & Final Payment- The Board approved the final payment and released the retainage of $8,296 to Jim Wright Construction Inc. 5. COMMUNITY DEVELOPMENT Request of St. Andrews Park Inc.,- The Board approved entering into a Road Impact Fee Credit Agreement with St. Andrews Park, Inc., the developers of the St. Andrews Park residential development, for the costs associated with the construction of Selvitz Road from Peachtree Blvd., to Parkway Elementary School and that discounting for the impacts of this development on this roadway segment the credit amount be established $1,117,416 or 87.9% of the overall cost of $1,271,236. The impact fee credits granted by this action would be applicable only to the St. Andrews Park mixed use commercial/residential development, and are not assignable to any other impact fee category or classification. 6. PUBLIC WORKS A. Environmental Resources- Request of Atlantic Truss Company that no environmental impact report be required for this project- The Board approved the request. B. Engineering Division- Equipment Purchase- Budget Amendment No. 04-119- The Board approved Budget Amendment No. 04-119 to transfer funds into proper expenditure accounts to upgrade the Auto CAD software for our Division and purchase a printer for the MSBU program. C. Engineering Division- Change Order No. 1 - The Board approved and authorized the Chairman to sign Change Order No. 1 in the amount of $64,302.46 for a total contract price of $5,092,956.07 to Community Asphalt Corp for modification to the plans for the Midway Road and Glades Cut off Road Intersection improvements and Midway Glades Cut off Road Utilities Extension. D. Road and Bridge Division- The Board approved conditionally accepting the extension of Prima Vista Blvd., and authorized the Chairman to sign the attached Maintenance Agreement. 7. ADMINISTRATION Board of Adjustment Appointment- The Board ratified Com. Lewis’ appointment of Buddy Emerson to the Board of Adjustment. 8. PURCHASING A. Bid # 04-008, Golf Ball Retrieval Services- The Board awarded bud # 04-008 to Birdie Golf Ball Co., and authorized the Chairman to sign the contract as prepared by the County Attorney. B. Permission to Advertise Invitation to Bid for Dollman Park Riverside (West) Parking Lot- The Board approved the request to advertise. C. Second Extension to Contract No. CO1-01-266 with Edlund, Dritenbas, Binkley Architects and Associates, P.A.- The Board approved the second extension to the contract and authorized the Chairman to sign the extension as prepared by the County Attorney. D. Second Extension to Contract No. CO1-01-292 with REG Architects, Inc.,- The Board approved the second extension and authorized the Chairman to sign the extension as prepared by the County Attorney. 3 E. Bid Waiver and sole source vendor contract with JWC Environmental for the purchase of an Auger monster and parts- The Board approved the bid waiver and declared JWC Environmental a sole source vendor for the Auger Monster and Parts. F. Bid # 04-013, Purchase of One Vibratory Soil Compactor with Smooth Drum- The Board approved awarding Bid # 04-013 to Nortax Equipment Co., for total amount of $72,344.44 and approved the budgeted amount for Equipment Request EQ04-160. 9. COUNTY ATTORNEY A. Resolution No. 04-31- Authorizing and empowering St. Lucie County to establish an account with Morgan Stanley as described in the Morgan Stanley corporate Account Agreement; in order to construct an Equestrian Center to be located at the SLC Fairgrounds; and the Adams Ranch, Ltd., will donate to the County $350,000 payable over 15 years in lawful money of the U.S. – The Board approved adopting Resolution No. 04-31 as drafted. B. Resolution No. 04-29 Urging Gov. Jeb Bush and the Florida Legislature to Pass HB 1117 and SB 2062 known as the Infant Eye Care Bill and nicknamed “Joey’s Bill” in order to detect and treat Retinoblastoma. 10. INVESTMENT FOR THE FUTURE A. Contract Change Order No. 1 to Contract # C03-06-452- Administration Building Addition/Barth Construction, Inc., - The Board approved Change Order # 1 for extension of contract time with Barth Construction for the Administration Building Addition, and authorized the Chairman to sign the prepared Change order. B. Change Order No. 1 to Contract No. CO3-05-492 Paul Jacquin & Sons, Inc.. for the Walton Road Annex- The Board approved the change order to increase the contract sum by $80,841.54 and extended the completion date to December 2, 2004 authorizing the Chairman to sign the prepared Change Order. 11. COMMUNITY SERVICES Permission to advertise four separate RFP’s for the FY 2004 Community Development Block Grant Application- The Board granted permission to advertise 4 RFP’s for Fy 2004 Neighborhood Revitalization, Housing Rehabilitation, and Economic Development Community Development Block Grant applications. REGULAR AGENDA 5. PUBLIC WORKS (2-127) A. Engineering – Sunland Gardens M.S.B.U. Phase 1 – Second public hearing potable water improvements - FPUA - Consider staff recommendation to adopt Resolution No. 03-323 to levy a non-ad valorem special assessment on the Sunland Gardens Municipal Services Benefit Unit; approve the attached preliminary roll; approve the expanded boundary; and authorize staff to proceed with construction of the project. The MSBU Coordinator advised the Board that she had received two letters of opposition, one from Mr. Lamb and the other from Ms. Dorothy Walker. 4 Ms. Mary Cooper, area resident, addressed the Board in favor of the project. It was moved by Com. Hutchinson, seconded by Com. Coward to approve Resolution No. 03-323; and, upon roll call, motion carried unanimously. (1-923) B. COUNTY ATTORNEY- Herman’s Bay Beach Access- Consider staff recommendation that the Board determine if it wishes to exchange the proposed property, approve Resolution No. 04-26 as drafted and authorize the Chairman to sign the Resolution. Ms. Betty Lou Wells, Jasmine Avenue resident, asked what the county may be giving up in exchange . The Asst. Central Services Director addressed Ms. Wells’ comments and gave the details about the exchange. Mr. Charles Grande, Hutchinson Island resident, stated his group felt the developer had been very cooperative and there were no further problems as far as his group were concerned with the exchange. Mr. Richard Torpe, representing the developer, advised the Board of his availability for any possible questions. It was moved by Com. Bruhn, seconded by Com. Hutchinson to approve Resolution No. 04-26; and, upon roll call, motion carried unanimously. (1-1339) C. Petition for Abandonment- Abandon a 30 ft., platted easement through the Northwest ¼ of Section 4 Resolution No. 03-330 - Consider staff recommendation to approve the Resolution, instruct staff to publish the final Notice of Abandonment , and record Resolution No 03-330 Proof of Publication of the Notice of Public Hearing and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. Ms. Pamela Hammer, Reserve resident, addressed the Board and questioned the sign with improper placement. She stated it was on the South side of Midway Road which led her to believe it was the Ken Cove property. Ms. Hammer was advised that it was not the property she had believed was being abandoned. (1-1554) D. COMMUNITY DEVELOPMENT- Ordinance No. 04-001- Amending the St. Lucie County Land Development Code by Creating Section 10.01.10 Administrative Variances to any required Dimensional Requirement of this Code to Accomplish the Goals, Objectives and Policies of the Comprehensive Plan and this Code- No action required, this is the first of two required public hearing- The second public hearing is scheduled for Tuesday, January 20, 2004 at 6:00 p.m. or as soon thereafter as possible. Com. Coward stated he felt the Environmental Division of the county should sign off on all environmental issues. Mr. Bob Bangert, area resident, addressed the resolution and stated this amendment would reduce public involvement on such issues. He stated no unelected county 5 employee should be empowered to make such decisions and asked the resolution be denied. Mr. Craig Mundt- Hutchinson Island resident addressed the Board in opposition to this amendment and stated it would set a prescident and stated more valuation needed to be applied to the process. Mr. Charles Grande, Hutchinson Island resident, addressed the Board and stated he concurred with the prior speakers. He stated he felt these decisions should be the responsibility of the elected officials and staff should only bring forth recommendations. The Board discussed bringing forward the ad-hock committee for their review of this amendment as well as having real world examples to enlighten the Board as to how the rules apply. Com. Coward suggested that on page 7, where it speaks of the review by the Community Development Director (under A-2) where he is given 20 days to get input from Public Works and the other departments, add language to have the property owners contacted of the proposal so they may provide comments which would be also built into the consideration before the recommendation is made. It was moved by Com. Barnes, seconded by Com. Bruhn to continue this hearing on January 20, 2004 at 6:00 p.m. or as soon thereafter as possible. Back to item 5-A. E. Ordinance No. 04-002- Amending the St. Lucie County Land Development Code by amending section 7.10.13 Sewage and Septage Treatment Facilities in Agricultural Zoning Districts to provide for Municipal annexation of a facility site. No action required, this is the first of two public hearings- The Second public hearing on this matter is scheduled for Tuesday, January 20, 2004 at 6:00 p.m. or as soon thereafter as possible. F. Ordinance No. 04-004- Stipulated Settlement Agreement between St. Lucie County and the Fla. Dept. of Community Affairs- Consider Staff recommendation to approve the Stipulated Settlement Agreement between St. Lucie County and the Fla. Dept. of Community Affairs in regard to the outstanding issues of non-compliance with the adopted St. Lucie County Comprehensive Plan and further that the Board approve Draft Ordinance 04-004 which would approve the remedial amendments to the St. Lucie County Comprehensive Plan. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Ordinance No. 04- 004; and, upon roll call, motion carried unanimously. 6. COMMUNITY DEVELOPMENT (2-1360) A. Fort Pierce Annexations K-256 and K-257- Consider initiating Conflict Resolution proceedings pursuant to Chapter 164, Florida Statutes- Consider staff recommendation to authorize the Chairman to sign a resolution initiating the Conflict Resolution Process with the City of Ft. Pierce in regard to proposed Annexation Ordinance K-257 and further that staff be authorized to appear at the City Commission meeting on January 20, 2004 to express our concerns on this matter. Staff further requests that authorization be given to formally request that the County be a full review and comment agency for any 6 development proposal that may be filed on the properties associated with City of Ft. Pierce annexation Ordinance K-256. Com. Coward stated he did not support the last conflict resolution and would not be supporting this one. He suggested sending a letter to the city stating our interest in working with them to finalize the bulk water agreement and our interest is to sit down with them and have some type of global solution to the annexation so there are no piece meal type problems coming up. The County Administrator advised the Board that on the joint bulk water agreement and also a sewer agreement, they have a draft to the FPUA and they are very close and are prepared to bring that agreement to the Board on Tuesday. Mr. Theiss stated that if necessary the FPUA will call a special meeting to act on the agreement that’s how close they are. The agreement will then go to the City Commission by the end of the month. This issue will be resolved by the end of the month. Com. Hutchinson stated she would still like to see staff bring forward a joint agreement whether or not the bulk happens and keep it a separate issue. They are not getting answers as in the situation with the city of Port St. Lucie. Com. Coward stated he agreed and that a level of coordination was needed. He is willing to extend the “olive branch” to the city of Ft. Pierce as with the City of Port St Lucie, saying they want to have a cooperative agreement that allows for the city to annex, but is done in the fashion that is coordinated with us, so that we can address the concern of the residents in the unincorporated area who do not have a voice within the cities themselves. Com. Hutchinson stated she would feel more comfortable voting for this issue after she had all the questions answered, otherwise she would have to accept staff’s recommendation and she is not sure this is what she wants to do. Her biggest concern is the city not responding. Com. Barnes stated they should resolve this issue since there will be many more issues to discuss later. Com . Bruhn stated he concurs with Com. Barnes’ and felt they should move on rather than holding it back for another week. Com. Barnes moved to leave the city alone on both of these issues and not challenge either one of them; seconded by Com. Bruhn; and, upon roll call, the vote was as follows: Nay: Hutchinson( due to lack of information); Aye’s: Coward, Bruhn, Barnes, Lewis; motion carried by a vote of 4 to 1. B. Regional Wastewater Treatment Facility- Consider staff comments to the City of Port St. Lucie Conditional Use Application for a regional wastewater treatment facility ( McCarty Road site). The Community Development Director addressed this issue and advised the Board of what they found (inconsistencies and incomplete information) on the application that would have to be corrected if it was to be brought before the county. There were two recommendations (options) presented at the end of the report: 1. to request the city of Port St. Lucie not take any final action on this proposed conditional use until the above cited inconsistencies are corrected 2. if the city of Port St. Lucie decides to proceed with this, they may wish to consider several of the special limiting conditions. The Community Development Director reviewed the conditions. 7 It was moved by Com. Barnes, seconded by Com. Coward to send option 2 to the city for a response to include all 7 recommendations; upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (2-2998) Ordinance No. 03-19- Animal Noise in AR-1 Zoning Districts- Staff requests further direction from the Board with regard to Ordinance No. 03-19. No action taken, the property owner has moved the dogs and the neighbor which filed the complaint is pleased. There being no further business to be brought before the Board, the meeting was adjourned. ________________________ Chairman _________________________ Clerk of Circuit Court 8