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HomeMy WebLinkAboutBOCC Minutes 04-12-2005 BOARD OF COUNTY COMMISSION ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 12, 2005 Convened: 9:00 a.m. Tape: 1-2 Adjourned: 11:20 a.m. Commissioners Present: Frannie Hutchinson, Chairperson, Paula A. Lewis, Doug Coward, Chris Craft, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mike Bowers, Utilities Director, Jack Southard, Public Safety Director, Marie Gouin, M & B Director, Jim David, Mosquito Control Director, Ed Parker, Purchasing Director, Paul Phillips, Airport Director, Mike Pawley, County Engineer, Sheriff Ken Mascara, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-029) (Note; the minutes of March 22, 2005 as noted on the agenda were previously approved. The minutes for April 5 will be approved at the next Board meeting. 2. PROCLAMATION/PRESENTATIONS (1-034) A. The Workforce Development Board made a presentation of the Annual Review. B. Resolution No. 05-159 Proclaiming the month of April, 2005 as “Sexually Transmitted Disease Awareness Month” in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Smith to approve Resolution No. 05- 159, and; upon roll call, motion carried unanimously. C. The EDC gave its Annual Update. D. An update on the Lennard Road project was given by the Asst. County Administrator, the Public Works Director and the MPO Supervisor. E. The County Administrator announced the Employee of the Quarter, Randy Young, Airport employee F. A presentation on the Zoning in Progress was made by the County Attorney. The County Attorney advised the Board concerning the zoning in progress doctrine, there is case law that would suggest this is not the appropriate doctrine to use when you are looking at comprehensive plan amendments which is what the County has as one component of the Charrette implementation, truly the first and most important component is to adopt plan amendments and transmit them to the Dept. of Community Affairs and would involve adoption hearings in front of the Board. There are also Land Development Code changes that will need to be implemented that are consistent with whatever the Board chooses to adopt as far as Comp Plan changes. The Board may consider an adoption of a Stop Gap Ordinance that would prevent increase density prior to the adoption of the Comp Plan Amendments and implementing the Charrette program. Under this concept, a developer can only apply for approval of density permitted under the existing zoning category and land use plan during the period the ordinance is effective. 1 The ordinance has to be tied into the implementation process and can only be for a limited duration typically 6 months as long as expert testimony is given that it is in process. Com. Craft thanked the County Attorney for the research. He expressed his concerns with the number of projects that hit North County in the middle of the study area. He has asked all the developers to be patient and wait until September when the Charrette is complete and Comp Plan amendments have been made. In this mind he believes there are some trying to push the issue so they can get in under the wire and make final decisions on the Charrette. He does not wish to take away property rights, but would like a comfort level. Com. Coward stated he would be supportive of moving forward with the County Attorney’s suggestion. Com. Hutchinson questioned the time frame. The County Attorney stated it would take 2 months to complete the process. Some time in June or July and suggested we also go through the local planning agency. It will require 2 public hearings in front of the Board as well. The Stop Gap Ordinance will stop increased density. The Asst. County Administrator stated she believed they have received voluntary compliance with the number of large developers to hold off on their development plans but have not looked at those in the pipeline that potentially would be impacted if they moved forward. She would look into those in that pipeline and come back to the Board with the information. Com. Hutchinson stated she would like to know if there are one or two and the exact location in regards to the North County Charette and would like more information. Com. Coward stated he felt it improper to call this measure a moratorium because a moratorium is stopping development of all nature and this is not what Com. Craft has asked for nor is it what the County Attorney is recommending nor would he approve of it this would be taking away property rights. The attempt is not to take away property rights, but to try to curtail the increase in density in the speculative development particularly outside the urban service area. Com. Hutchinson stated she does not think it is necessary to move forward with anything like this the timing is not going to work and it has been looked at prior and the Board decided at some point, and she commended the land owners and developers in having the patience and work with us and then to get this close to the line and feel that we have to go out and adopt an additional ordinance does not may sense to her. She believes the Board has sent the message and made it very clear. Com. Smith questioned Com. Craft on how he felt about the comments where those Board members felt the message has already been sent rather than going through this formal process. Com. Craft stated he was not sure the message had been sent and if it does take until July he does agree with Com. Hutchinson. He has people coming into his office daily with proposals not showing what the Charette is recommending. As long as the opportunity is left out there they will push. Com. Smith asked if they could curtail the public hearings. The County Attorney stated you could not apply the plan until it is implemented because it has no legal impact. Com. Coward stated there are additional steps to be taken through the land development code that will precede well after that and the question is do they want to formalize their position on this matter through an ordinance. 2 Com. Lewis stated due to the length of time of completion she is not sure this is something that needs to be formalized at this point and felt they have been dealing with it pretty well. She has not seen a great increase on the number of requests. Com. Smith stated he felt they should move more towards a more formal process, he would be more comfortable knowing it would not be used only one time with the other Charrette coming. Com. Hutchinson questioned if this type of ordinances are only good for a specific area and a specific time frame. Com. Smith stated this could be used as a template. Com. Coward stated this was a good comment because it looks out into the future and he concurs. The County Attorney stated he would be drafting the ordinance and will return to the Board. G. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (2-0496) Mr. Albert Moore, attorney for Dorin Development Project denied at last week’s meeting, addressed the Board and requested his client be able to continue to work with staff and the residents to develop the area. He advised the Board of opportunities which have arisen. He asked a Board member reconsider the denial and permit the developer to proceed with the PUD and making changes that would make it work and also asked the Board consider waving the 2 year process of the PUD and they would start from scratch on the PUD. Mr. Tim Dorin, Dorin Development addressed the Board and stated they had sent a letter requesting to make some additional changes on off site improvements. The prevailing side of the Board did not wish to reconsider their vote from last week. Com. Coward stated he was not in favor of resurrecting a site plan that was not approved by the Board and felt they should start from scratch. He would be one of the four votes to allow them to reconsider the PUD zoning. The County Attorney suggested this be agendad for the next meeting. It was the consensus of the Board to have this re-agendad to discuss the 2 year waiver. Mr. Charles Grande, Hutchinson Island resident, addressed the Board regarding the Glassman Holding, Emerson Center and asked they meet with the Regional Planning Council to help know the vision and how they fit in. The Asst. County Administrator stated she had met with the developer and they think they were receptive to look at the site plan and make some modifications. She believes the test will be if their intended changes rise to the acceptance level of the Board. They also met with the Regional Planning Council to provide design standards they could look at and implement into their design plans or use as a guideline. Staff is waiting to hear from Mr. Buscha and will get back to the Board. Mr. Craig Mundt, Hutchinson Island resident asked the residents be notified of the Dorin project being re-agendad for another meeting. 3 Com. Hutchinson stated the Board will only be considering the waiver of the 2 year process. It was the consensus of the Board to schedule the Dorin project for three weeks (May 3, 2005 ) and the residents of the surrounding area be contacted. 4. CONSENT AGENDA (2-660) It was moved by Com. Lewis, seconded by Com. Craft to approve the Consent Agenda with items CA-1 added and C-2F pulled, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 28. 2. COUNTY ATTORNEY A. Resolution No. 05-132 Extending the State of Emergency for Hurricane Frances; and Resolution No. 05-133 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-132 and Resolution No. 05-133. B. Ordinance No. 05-004- Signs – Permission to Advertise- The Board approved advertising Ordinance No. 05-004 for public hearing before the Local Planning Agency on May 19, 2005 and the Board of County Commissioners on June 7, 2005 and July 5, 2005 beginning at 6:00 p.m. or as soon thereafter as may be heard. C. Agri Science Education Center- Second Amendment to June 4, 2004 Interlocal Agreement with St. Lucie County School Board- The Board approved the proposed Second Amendment to the June 4, 2004 Interlocal Agreement with the St. Lucie county School Board for the Agri Science Education Center, and authorized the Chairman to sign. D. Lease with Beach Club Colony on the Ocean Inc.,- The Board approved the March 23, 2005 proposal submitted by the Ad Hoc Recreation Area Planning Committee. E. Contract for Sale and Purchase- Indrio NorthSavannas-Ubberhurst Oberborg, Inc.. and Michael Jones - The Board approved the Contract for Sale and Purchase with Ubberhurst Oberborg, Inc., and Michael Jones for the purchase price $695,250.00 authorized the Chairman to sign the contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. F. Revocable License Agreement – Cira Estevez- This item was pulled. G. Revocable License Agreement- Daniel and Joan Field- 1970 Copenhaver Road- The Board approved the Chairman signing the Revocable License Agreement and directed Daniel and Joan Field to record the document in the Public Records of St. Lucie County, Florida. 3. PARKS AND RECREATION A. Facilities Use Agreement/ Ball & Bat Club- The Board approved the Facilities Use Agreement with the Ball and Bat Club as drafted by the County Attorney and authorized the Chairman to sign. 4 B. Bleacher purchase for open space park/approval of Equipment Request EQ05-314- The Board approved staff purchasing 10 sets of fifty seat bleachers for placement at open space and Sheraton Plaza Parks from Southeastern Seating, Inc., at a cost of $17,500. Funds to be provided from Park A Impact Fees. C. The Board approved the Assignment of Equipment Request Numbers EQ05-318, EQ05-319 and EQ05-320 to storm damaged scoreboards at Lawnwood Football Stadium Baseball Fields No. 1 and No. 2. D. Modification of Contract C04-12-611 between the County and Gerelco Electrical Contractors Inc.- The Board approved re-allocating $17,725.39 from Parks Impact Fees B and approved the modification of Contract C04- 12-611 to reflect $23,080.39 for the installation of a 400 amp and 200 amp three phase 120/208 volt panels to meet the load capacity at the Adams Ranch Equestrian Arena. E. Fairwinds Golf Course 18 hole Expansion- Shortlist of Committee’s recommendation from RFP 05-022- The Board approved the final interviews with the following firms as recommended by the Selection Committee: RBA Design Group; Tom Fazio Golf, LLC; Pearson Golf Design; Inc., and Sanford Design. F. Purchase of Baseball Scoreboard EQ05-317 for Open Space Park /Senior League Baseball Field- Budget Amendment No. BA05-152- The Board approved reallocating $4,928.50 from the Tennis Court Resurfacing Project CIP05-039 (Recreation –Sports and Athletics) approved Budget Amendment No, BA05-102 and authorized the purchase of the new scoreboard (EQ 05-317) for the open space park/Senior League Baseball Park. G. Waiver of Fees- The Board approved a fee waiver for the Coral Reef Research and Rescue Society to perform reef and beach cleanup at Pepper Park on May 14, 2005. 4. PUBLIC SAFETY A. Request to approve the Interlocal Agreement between St. Lucie County and Palm Beach County in reference to shared common talk groups on our 800 MHz radio systems- The Board approved the interlocal agreement between St. Lucie County and Palm Beach County. B. Request to approve Agreement No. MA5906-62 with the State of Florida Technology Office- The Board approved Agreement No. MA5906-62 with the State of Florida Technology Office and St. Lucie County Department of Public Safety for two radio interoperability gateway systems dispatch consoles valued at $ 112,028.00 and authorized the Chairman to sign. 5. PUBLIC WORKS A. Environmental Resources Division- The Board approved Capital Project Number CIP05-064 and Budget Amendment BA05-114 in the amount of $3200.00 for the installation of a 4”irrigation well at the Native Plant Nursery located at the Rock Road jail. 5 B. Environmental Resources Division- Request of Tracy Steele for an exemption from the requirements of Section 11.02.09 (A) (5) St. Lucie County Land Development Code- The Board approved granting the exemption from the requirements of Section 11.02.09 (A)(5) and approved that no Environmental Impact Report be required for this project. C. Solid Waste Division- The Board approved the request for Board approval of after the fact purchase for one Intec Camera Package to be installed on 980 Loader and approve Equipment Request No. EQ05- 311. D. Solid Waste Division- The Board approved the unbudgeted addition of 4 Heavy Equipment Operator III positions, POS 05-088, POS 05- 089, POS05-090, POS05-91 and 1 heavy equipment mechanic position, POS05-092 for the Solid Waste Department which allows an additional 20 hours per week of operation. The annual cost of the additional staff is $213,186. E. Non-Exclusive Commercial - The Board approved the Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreements for Riteway Recycling Corporation and Kessler Hauling, Inc., and authorized the Chairman to execute. F. Work Authorization No. 2 with Dredging & Marine consultants- The Board approved Work Authorization No. 2 with Dredging and Marine Consultants in the amount of $40,800.00 for engineering services related to Phase 1, Taylor Creek Dredging. 6. AIRPORT A. Florida Department of Transportation Pre-Qualified Participation Agreement for $1,200,000.00- The Board approved the FDOT Pre- Qualified Joint Participation Agreement for the construction of the ARF Facility and authorized the Chair to execute the JPA and Resolution No. 05-157 authorizing the Chairman to sign the agreement. This FDOT grant provides for the $960,000.00 of the $1,200,000.00 project total. B. FDOT Pre-Qualified Joint Participation Agreement $542,000.00- Construct Airport Rescue & Fire Fighting Access Roads- The Board approved the FDOT Pre-Qualified Joint Participation Agreement for the ARFF Facility access roads and authorized the Chairman to execute the JPA and Resolution No. 05-158 authorizing the Chair to sign the agreement. This FDOT grant provides for the $433,600.00 of the $542,000.00 project total. C. Kimley Horne Scope of Service-Airport Rescue Fire Fighting Facility- The Board approved the Kimley Horne Scope of Services Work Authorization number 12 in the amount of $193,725.00 for the ARFF Facility at the St. Lucie County International Airport. D. Conceptual Approval with B & E Houck Enterprises Inc.,- The Board approved granting a Conceptual Approval with B & E Houck Enterprises Inc., for the aviation development of approximately 5 acres of property located between taxiways E and D, southwest of Taxiway C at the St. Lucie County International Airport. 6 7. MANAGEMENT AND BUDGET A. Approval to proceed with obtaining additional interim financing for the Indian River Estates MSBU- and approval of Budget Resolution 05-124- The Board authorized the office of Management and Budget to proceed with additional interim financing in the amount of $250,000 and approved Budget Resolution 05-124 to recognize the funding in the FY 2004-05 budget. B. Approval to proceed with obtaining additional interim financing for Lennard Road MSBU’s 1,2 and 3 and approve Budget Resolution 05- 131- The Board authorized the office of Management and Budget to proceed with additional interim financing for the Lennard Road MSBU’s 1,2, and 3 in the form of three individual advances totaling $125,000 and approved Budget Resolution No. 05-131 to recognize the funding in the FY 2004/05 budget. C. Adopt Resolution No. 05-155- The Board adopted Budget Resolution No. 05-155 to establish the increase in additional funding for the USDA Emergency Watershed Protection Grant in the amount of $1,335,000. D. Approval of Budget Resolution No. 05-156- The Board approved Resolution No. 05-156 recognizing revenue from FEMA and the State for Hurricane related expenses. 8. GRANTS A. Authorize acceptance of additional services to the Letter of Agreement with Glatting Jackson to provide at a cost of $28,000 re-vegetation construction administrative assistance and construction observation during the installation of native vegetation to further stabilize a 14 mile section of the Indian River Lagoon bank- The Board authorized the acceptance of these additional services, including the designation that the need to hire Glatting Jackson resulted from a valid public emergency. B. Authorize the submittal of a grant application to the FDEP, Invasive Exotic Plan Removal Grant Program for $50,000 for assistance in controlling invasive exotics plants species at Savannas Recreation Area and acceptance of the grant if it is awarded- The Board authorized the submittal of this grant application to the Florida Department of Environmental Protection Invasive Exotic Plant Removal Program and the acceptance of the grant if it is awarded. C. Authorize the submittal of a grant application under the Florida Hurricane Impact Marketing Grant Program- The Board approved the submittal of the grant application for an amount not to exceed $50,000 to be used to help revitalize the economy, explicitly for marketing activities to boos Florida Tourism. D. Authorize the submittal of a grant application to the U.S. Fish and Wildlife Service Coastal Program and the acceptance of the grant if funded . This grant in the amount of $20,000 will be for the capping of an artesian well at the North Fork Phase 3 site- The Board approved the submittal of the grant application and the acceptance of the grant if it is awarded. 7 E. Authorize the submittal of a grant application to the U.S. Fish and Wildlife Service Coastal Program and the acceptance of the grant if funded. This grant in the amount of $35,000 will be for removal of invasive plants at the Savannas Recreation Area- The Board approved the submittal of the U.S. Fish and Wildlife Service Coastal Program grant application and the acceptance of the grant if it is awarded. 9. PURCHASING A. Award of RFP No. 05-029 Utilities Engineering Services Continuing Contract- The Board approved awarding RFP No. 05-029 Utilities Engineering Services Continuing Contract to the following short listed firms 1) Brown & Caldwell 2) CDM 3) Hazen and Sawyer, 4) LBF&H, 5) Masteller & Moler, Inc., and authorized the Chairman to sign the contracts as prepared by the County Attorney. B. Purchase Agreement with Office Products & Services, Inc., The Board approved the purchase agreement with Office Products and Services (representing The Hon/Allsteel & Gunlock Companies) through March 31, 2006 and authorized the Chairman to sign the agreement as prepared by the County Attorney. C. The Board approved the Fixed Asset Inventory Property Record Removal No. 40-3795 (1998 Chevrolet pick up truck) and No. 600252 (1998 Chevrolet pick up truck) and transfer to the St. Lucie County Health Department. D. First Extension to Contract C00-04-349 with Camp, Dresser & McKee, Inc., for Professional Engineering Services (Solid Waste) - The Board approved the first extension to Contract C00-04-349 and authorized the Chairman to sign the extension as prepared by the County Attorney. E. Award Bid No. 05-034 – Lawn Shrub and Tree Maintenance- The Board approved awarding IFB No. 05-034 to the low bidder De Angelo Brothers/Aquagenix for a total amount of $20,275.00 and approved the Chairman to sign the contract as prepared by the County Attorney. st F. Fourth Amendment to Contract No. C02-10-024 with 1 Fire and Security- The Board approved the fourth 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. G. Bid No. 05-025- Glass Resurfacing/Restoration and Window Cleaning Services- The Board awarded Bid No. 05-025 to the lowest bidder, Cliffhanger Janitorial for a total cost of $22,010.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. 10. GROWTH MANAGEMENT Acceptance of the Eighth Amendment to the Clear Channel Outdoor, Inc., Contract- The Board approved accepting the agreement for the extension of the 1999 agreement with Clear Channel extending the contract to March 8, 2006. 8 11. COMMUNITY SERVICES Certificate of Participation for the Edward Byrne Memorial Justice Assistance Grant Program for FY 2005/06 from the FDLE the allocation for FY 2005/06 is $172,458.00- The Board authorized the Chairman to sign the Certificate of Participation for the FDLE program. 12. INVESTMENT FOR THE FUTURE Installation of fencing, safety devices and main gates at Rock Road Jail- The Board approved the use of Martin Fence Company for the installation of new fencing, safety devices and main gates at Rock Road Jail total cost of $ 63,465.00 and of that amount $5,700 will be reimbursed through FEMA. 13. INFORMATION TECHNOLOGY The Board approved to replace the Citrix Server Project Continuation Hardware and Software approved EQ05-010 in the amount of $26,375.00 and replace it with another main County Firewall Security System in the amount of $22,000.00 14. UTILITIES Line to Line Transfer Request- The Board approved the Line to Line transfer request to transfer funds in the amount of $1,826,100.00 for the purchase of property adjacent to the airport for a future wastewater facility. 15. LIBRARY St. Lucie West Library- Contracted Services- The Board approved the expenditure of $157,751 for Contract Services at the St. Lucie West Library and authorized the County Administrator to sign the purchasing requisition for payment of services to Indian River Community College. 16. ADMINISTRATION A. BCC meeting - The Board approved the cancellation of the BCC meeting on June 21, 2005 in order for the Commission to attend the FACC conference. B. Midway Road PD&E Stakeholders Group- The Board approved the appointment of Patricia Goodman as the Environmental Organization Representative to the Midway Road PD&E Stakeholders Corp. CA.1 HUMAN RESOURCES Indoor Air Quality Issue in B4 Pod at St. Lucie County Jail- The Board approved an emergency contract to Sunrise Systems of Brevard, Inc., for $54,400.00 for mold and mildew remediation and cleaning of the B4 Pod at the St. Lucie County Jail. REGULAR AGENDA 5.A. NO PUBLIC HEARINGS SCHEDULED 5. PUBLIC WORKS 2-1595) rd 1823 S. 33 St.- Request Board authorization to allow an extension of six months from the time that the permit is issued for the homeowner to bring the structure up to code including structural, plumbing, electric and HVAC . If the owner fails to comply with all requirements then staff will proceed with the removal of this unsafe structure and to 9 assess the costs associated with this removal against the real property on which this building is located per prior Board direction. LEB Demolition and Consulting Contractors quoted four thousand five hundred dollars to remove the structure. It was moved by Com. Smith, seconded by Com. Craft, to approve staff’s request and; upon roll call, motion carried unanimously 6. PUBLIC SAFETY (2-1721) Special Needs Shelter- Partnership between the St. Lucie County School Board and St. Lucie County request to approve funding up to $44,997.47 for the special needs shelter retrofitting at Dan McCarty Middle School and approve Budget Amendment No. BA05- 153. It was moved by Com. Coward, seconded by Com. Craft to approve staff’s request 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 10