HomeMy WebLinkAboutBOCC Minutes 05-11-2004
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: May 11, 2004 Convened: 9:00 a.m.
Tape: 1-2 Adjourned: 11:20 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 Murphy, Community
Development Director, Paul Phillips, Airport Director, Marie Gouin, M & B Director,
Don West, Public Works Director, Beth Ryder, Community Services Director, Pete
Keogh, Parks and Rec. Director, Jack Southard, Public Safety Director, Mike Bowers,
Asst. Public Works Director, David Kelly, Planning Manager, Leo Cordeiro, Solid Waste
Manager, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES (1-028)
It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes of the
meeting held May 4, 2004; and upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATIONS
A. A presentation was made by Sandy Baruah, EDA Chief of Staff.
B. Resolution No. 04-145- Proclaiming the month of May, 2004 as “St.
Lucie County Library’s Golden Anniversary in St. Lucie County,
Florida.
It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve Resolution No.
04-145; and, upon roll call, motion carried unanimously.
C. A presentation was given by the Friends of the Library Inc., in
recognition of the volunteer hours given to the Library System- March
2003-February 2004.
D. Resolution No. 04-146- Proclaiming the week of May 9, 2004 through
May 15, 2004 as “Hospital Week” for Lawnwood Regional Medical
Center and Heart Institute, and St. Lucie Medical Center in St. Lucie
County, Florida - Consider staff recommendation to adopt Resolution
No. 04-146 as drafted.
It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 04-
146; and, upon roll call, motion carried unanimously.
E. The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS
Mr. Bill Hammer, Reserve resident, addressed the Board regarding his concerns with
concurrence not being a factor in the developing of the county. He addressed the School
Board shortfall for school construction to meet the demand.
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Mr. John Perry, Board member of the SLC Humane Society, addressed the Board
regarding the overwhelming amount of animals abandoned throughout the county and
asked the Board consider a partnership with the other entities within the county to start a
spay and neuter program. He also asked the Board to push for legislation on this issue.
Staff was directed to research this issue with the two entities and contract Martin County
to obtain information on their spay and neuter van.
Mr. Charles Grande, Hutchinson Island resident, addressed the Board on the
credit/exchange of rights ( which can be considered to help the school construction
funding problem) he had brought forth for consideration at an earlier meeting.
Mr. Craig Mundt, Hutchinson Island resident addressed the Board regarding height
limitations for the island (buildings) which were set by the Board. He alluded to the
proposed project for consideration under number 8 of the agenda.
C6E- Proposed Parallel Runway Design- Florida Department of Transportation Grant
Acceptance- Consider staff recommendation to accept the FDOT Joint Participation
Agreement and authorize the Chair to execute the JPA and Resolution No. 04-149
authorizing the Chair to sign the agreement. This grant provides for $13,158 of the
$526,316 project total.
Com. Barnes stated his opposition to the this item due to the fact the County does not
have any supervisory or regulatory control over the flight schools and if a parallel runway
is built they will double the problems. The residents from St. Lucie Village are still
complaining stating the noise is a bad as when this process was started and other areas
will be affected if the runway is completed. He will be voting against this item.
Com. Hutchinson commented on the safety issue which was a part of the discussion
previously.
The Airport Director addressed the questions and stated there are other considerations
with this runway besides the noise issue. There are operational and safety issues.
Com. Coward stated the North County Charette and the planner noted some concerns of
the location of the runway and felt they should take a closer look at this before moving
forward with such a substantial project. There are issues which have not been adequately
addressed.
It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve staff
recommendation; and, upon roll call, the vote was as follows: Nays: Barnes, Coward,
Aye’s: Bruhn, Hutchinson, Lewis, motion carried by a vote of 3 to 2.
4. CONSENT AGENDA (1-1856)
It was moved by Com. Bruhn, seconded by Com. Barnes, to approve the balance of the
Consent Agenda with item C6E pulled for separate vote; and, upon roll call, motion
carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 34.
2. COMMUNITY SERVICES
A. Certificate of Participation for the Drug Control and System
Improvement Program (Edward Byrne) Grant for 2004/05 from the
Florida Department of Law Enforcement. The allocation for FY
2004/05 is $212,945- The Board authorized the Chairman to sign the
Certificate of Participation for the Florida Department of Law
Enforcement Program.
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B. Application for the FY04/05 Trip Equipment Grant with the
Commission for the Transportation Disadvantaged - The Board
approved the application and contract for the grant and acceptance of
the grant, and also authorized the Chairman to sign all documents
necessary to execute the application and approve Resolution No. 04-
136.
3. PARKS AND RECREATION
A. Fairgrounds Arena Seating- The Board approved for staff to go out for
RFQ’s choose the design firm, begin the design process, and upon
completion of the design approval, to go out to bid for the installation
of the seating system. The Board approved CIP # 04-085.
B. “Z” Golf Food & Beverage Purchase and Sale Agreement to Julius
Management Group- The Board approved after the County Attorney’s
review and acceptance of the attached Assignment of Agreement by
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and between St. Lucie County and 19 Bar and Grille, LLC, that the
Chairman be authorized to sign the assignment.
4. CENTRAL SERVICES
A. Bid # 04-032 Installation of Wastewater Screen at Rock Road
Correctional Facility/Florida Design Contractors, Inc., - The Board
approved the lowest bidder, Florida Design Contractors Inc., with a
bid amount of $142,394.00 for the installation of the Wastewater
Screen Facility at the Rock Road Correctional Facility. In addition,
the Board approved the reallocation of Central Services Reserves in
the amount of $70,000.00 to establish a project budget amount,
including contingency and current available funds for a total amount of
$162,940.00 and authorized the Chairperson to sign the contract as
prepared by the County Attorney.
B. Bud # 04-038 Ancient Oaks (Weldon B Lewis Park) H & J
Contracting, Inc., - The Board approved the lowest bidder H & J
Contracting with a bid amount of $573,677.21 for the Ancient Oaks
Project. In addition, the Board approved reallocation of Park “B”
Impact Fees in the amount of $350,000.00 to establish a project budget
amount, including contingency and current available funds, for a total
of $672,787.00 and authorized the Chairperson to sign the contract as
prepared by the County Attorney.
5. INVESTMENT FOR THE FUTURE
Request to proceed with the Open Space Pool project using Recreation Design &
Construction, Inc., - The Board approved the Open Space Pool Project to proceed
approved the contract with Recreational Design & Construction as prepared/approved by
the County Attorney and authorized the Chairman to sign and approve the use of
$204,000 from Park “A” impact fees.
6. AIRPORT
A. Airport West Commerce Park Economic Development Agency Grant
Consultant Agreement- The Board approved the $25,000 consultant
agreement with John E. Corrigan, Economic Development Consultant,
to coordinate and provide technical and administrative services to
assist the airport in the overall administration of the USEDA Funded
Title 1 project and authorized the Chair to sign the agreement.
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B. Wings and Wheels Air Military Vehicle Show, Airport Use
Agreement- The Board approved the Use Agreement with Treasure
Coast Victory Children’s Home, Inc., to conduct a Wings and Wheels
Air and Military Vehicle Show, at St. Lucie County International
Airport on June 12 and 13, 2004.
C. Amended and Restated Lese Agreement with Air Charter of Florida,
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Inc., dated January 27, 2003 1 Amendment - The Board approved the
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1 Amendment to the Amended and Retated Lease Agreement with
Air Charter of Florida, Inc., dated January 27, 2003 and authorized the
Chair to sign the amendment.
D. Extend Taxiway A- Supplemental Joint Participation Agreement-
The Board approved accepting the FDOT Supplemental Joint
Participation Agreement and authorized the Chair to execute the JPA
and Resolution 04-148 authorizing the Chair to sign the agreement.
This supplemental FDOT grant provides an additional $38,400 for a
project total of $323,000.
E. This item was pulled for separate vote (see page 1).
F. Rehabilitation Airfield Pavement Markings- FDOT Grant
Acceptance- The Board approved accepting the FDOT JPA and
authorized the Chair to execute the JPA and Resolution 04-150
authorizing the Chair to sign the agreement. This FDOT grant
provides for $103,200 of the $129,000 project total.
G. Stormwater Permits- FDOT Grant Acceptance- The board approved
accepting the FDOT JPA, and authorized the Chair to execute the JOA
and Resolution 04-151 authorizing the Chair to sign the agreement.
This FDOT grant provides for $40,000 of the $50,000 project totals.
H. Construct Apron & Environmental Mitigation- FDOT Grant
Acceptance- The Board approved accepting the FDOT JPA and
authorized the Chair to execute the JOA and Resolution NO. 04-152
authorizing the Chair to sign the agreement. This FDOT grant
provides for $388,000 of the $485,000 project total.
I. Environmental Assessment for FBO Site- Kimley Horn and
Associates- The Board approved Work Authorization # 3 and the
$93,794 scope of work with Kimley Horn & Associates for
engineering surveying and environmental permitting services for the
proposed development located east of the intersection of taxiways E
and B at St. Lucie County International Airport.
J. Permission to sell alcoholic beverages- Treasure Coast Wings N
Wheels and Military Vehicle show- The Board approved the Treasure
Coast Victory Children’s Home Inc., selling alcoholic beverages
during the Air Show, June 12 and 13 at the St. Lucie County
International Airport.
7. PUBLIC WORKS
A. Environmental Resource Division- Request of Irwin A. Weiser
through agent Gary Basham, Culpepper & Terpening - The Board
approved the exemption from the requirements of Section
11/02/09(A)(5) and that no environmental impact report be required
for this project (Dunn Road Estates Subdivision Minor Site Plan).
B. Solid Waste Division- The Board approved CDM’s proposal to
provide Engineering Services for the following projects: Landfill
Interim Plan, Cell III A Commissioning, Overall Landfill Slope
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Stability Analysis, Evaluation of Landfill Leachate Levels, and
Horizontal Landfill Gas Collector System Expansion for a lump sum
of $144,500.
8. GROWTH MANAGEMENT
Job Growth Investment Grant (JGIG) 04-001 between SLC and Policy Studies, Inc.,- The
Board approved the Job Growth Investment Grant Agreement 04-001 and authorized the
Chairman to sign the agreement.
9. PURCHASING
A. Fixed Asset Inventory Property Record Removal- The Board
approved removing the stated records from the fixed asset inventory of
the BCC .
B. Bid # 04-039- Sale of Real Property at Airport Industrial Park- Reject
bids- The Board approved rejecting Bid # 04-039 and allow staff to
revise the bid document and re-bid the property.
C. Bid # 04-041- U.S. Median Maintenance from Rio Mar Drive to
Huffman Road- The Board approved awarding Bid # 04-041 U.S
Median Maintenance from Rio Mar Drive to Huffman Road to the low
bidder Treasure Coast Lawns, Inc., for $28,150.00 and authorized the
Chairman to sign the contract as prepared by the County Attorney.
D. Permission to advertise Request for Proposals for Concrete Recycling-
The Board approved the request for permission to advertise Request
for Proposals.
E. Permission to advertise Request for Proposals to enter into a Dock
Lease Agreement for the North Dock on South Causeway Island- The
Board approved the request for permission to advertise Request for
Proposals.
F. Permission to advertise Request for Proposals for Consultant Services
for the Preparation of the MPO’ Regional Long Range Transportation
Plan- The Board approved the request for permission to advertise
Request for Proposals.
G. Permission to advertise Request for Proposals for Telecommunication
Solution Services for the County- The Board approved the request for
permission to advertise Request for Proposals.
H. Permission to advertise Request for Proposals for the lease of 10 Acres
of Aviation- The Board approved the request for permission to
advertise Request for Proposals.
I. Permission to advertise Request for Proposals for Wall Board/Gypsum
Recycling- The Board approved the request for permission to advertise
Request for Proposals.
10. COUNTY ATTORNEY
Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing
Fine/Lien in Case No. 99020008 dated August 4, 1999 and Agreement- The Board
authorized the Chairman signing the attached Partial Release of Lien and Agreement.
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11. MANAGEMENT AND BUDGET
Acceptance of the Ed Byrne Memorial State and Local Enforcement Assistance Formula
Grant Program on behalf of the St. Lucie County Sheriff’s office and Budget Resolution
No. 04-147 to appropriate and expend the funds from the Ed Byrne Memorial Sate and
Local Enforcement Assistance Formula Grant Program and authorized the Chair to sign
all documents necessary for the grant.
12. PARKS REFERENDUM
Lakewood Park District Park Project- The Board approved the Lakewood Park District
Park conceptual plan so that the bid process can begin utilizing the design specification
package developed by Glatting Jackson, the County’s design criteria professionals. The
Board also approved work authorization/agreement as prepared by the County Attorney
with Hazen and Sawyer for the site development, permitting documents and building
design of the project and authorized the Chairman to sign . The Board also approved the
request to advertise for bids.
13. PUBLIC SAFETY
U.S. Government Supplemental Lease Agreement to Lease # 631 from the Customs and
Border Protection- The Board approved the Supplemental Lease Agreement to Lease #
631 from the Customs and Border Protection.
REGULAR AGENDA
5.A PUBLIC SAFETY
Certificate of Public Convenience and Necessity- Application of Coastal Care, for a Class
F CON - Consider Emergency Medical Service Advisory Committee recommendation to
approve Coastal Care application for Class F CON.
It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the
recommendation of the Emergency Medical Service Advisory Committee; and, upon roll
call, motion carried unanimously.
5.B PUBLIC SAFETY
Certificate of Public Convenience and Necessity- Application of We Care Inc., for Class
B CON- Consider Emergency Medical Services Advisory Committee recommendation to
approve We Care, Inc., application for a Class B CON.
It was moved by Com. Coward, seconded by Com. Bruhn, to accept the recommendation
of the Emergency Medical Services Advisory Committee; and, upon roll call, motion
carried unanimously.
6. COUNTY ATTORNEY
Ordinance No. 04-023- St. Lucie County Water & Sewer District- Consider staff
recommendation to grant permission to advertise draft Ordinance No. 04-023.
It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Ordinance
No. 04-023; and, upon roll call, motion carried unanimously.
7. COUNTY ATTORNEY
Port St. Lucie Annexations (Kenco and Lennar) – If the Board is interested in settling the
dispute based on the City’s proposal. Consider staff recommendation to consider Option
3. The options are as follows:
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1. Accept the City’s proposal, dismiss the Petition for Writ of Certiorari, and rely
on the good faith of the City to negotiate an acceptable interlocal agreement
and joint planning agreement; or,
2. Reject the City’s proposal and proceed to mediation; or
3. As a compromise between Options 1 and 2, the County could submit a
counteroffer to the City to abate proceeding with the Petition for a period of
90 to 120 days to provide the City and the County with an opportunity to
negotiate an acceptable interlocal agreement and joint planning agreement.
The Community Development Director stated the amendments have not been acted on by
the city as yet. As a part of the action they taken when it is taken, they will be addressing
the ORC Report by the DCA.
The County Attorney explained option 3. He stated regarding the time periods the county
filed within the 30 day period . The city has filed a motion to dismiss and we have
responded, however, the courts have not ruled on this motion and the city has requested
oral argument on the motion to dismiss.
The property owners (Kenco and Lennar) have petitioned to intervene on behalf of the
city and they have been granted that status. They will be participating.
The Community Development Director addressed the report by the DCA.
Com. Coward read one of the recommendations made by the DCA.
Com. Bruhn commented on the previous meeting held between the county and the city
and the fact that they did not seem interested in the JPA unless the County dropped the
suit.
Ms. Pamela Hammer, Reserve resident, addressed option 3 . She urged on behalf of the
Reserve and Pony Pines, she asked that they continue to pursue objecting annexations not
only in their area, but also in other areas which may be affected. They are concerned
with what the city of Port St. Lucie does after the property is annexed. She stated they
move forward to change land use after annexation.
Mr. Charles Grande, Hutchinson Island, addressed the DCA recommendation and the
different enforcement philosophy now versus the past.
Com. Hutchinson requested there be a date specific noted and asked that it be noted that
when she vote for the idea of going into mediation, it was not based on whether or not
they agreed to a JPA or whether or not there was an interlocal agreement, but was based
on legal facts that she felt violated state statutes . Part of her resents the facts in option
one an option three although is she willing to show a good faith effort towards working
something out, but those two reasons were not her objections.
Com. Bruhn stated it is his opinion that if you look at the parcels, they have a good
argument to annex them in and he expects that the city will reject our offer and go to
court which will not give Pony Pines or the Reserve any protection what so ever and the
county has a better chance to protect them through a JPA or an interlocal.
Com. Lewis stated her objection was a statutory issue. She felt this was not done
according to statute however, she is willing to accept staff’s recommendation as an act of
good faith.
It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve staff
recommendation (option 3) ; 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.
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8. GROWTH MANAGEMENT (2-1174)
Consider Draft Resolution NO. 04-017 approving the request of Oceanique Development
Inc., through Agent Clayton Bennett, for Major Site Plan approval for the project to be
known as Oceanique Oceanfront, A Condominium located on the east and west sides of
North A-1-A.
The Planning Manager advised the Board that the height of the building measured from
the base flood elevation are in fact under the 125 feet as required and defined by the code.
The building spaces issue has been discussed and also met. The height, spacing and
density meet required codes.
The County Attorney suggested adding language in the resolution that would recognize
where the density is being transferred from should not be severed from the site plan and
that Mosquito Control activities will be permitted on the conservation easement wetlands,
and this also be placed in the resolution.
It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve Resolution No.
04-017 as amended; 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
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