Loading...
HomeMy WebLinkAboutBOCC Minutes 08-16-2005 BOARD OF COUNTY COMMISSIONSER ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 16, 2005 Convened: 6:00 p.m. Tape: 1-3 Adjourned: 10:40 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Mike Bowers, Utilities Director, Mike Pawley, County Engineer, David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-027) It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held August 9, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS (1-057) A. Com. Craft gave an update on the relocation of the Ft. Pierce Wastewater Treatment Plant. Com. Craft commented on the idea of all three entities buying into an idea regarding three properties that are not on the tax roll. The wastewater plant, the power plant downtown Ft. Pierce and Harbor Pointe. He would like to focus on the first two mentioned properties. By removing the wastewater plant the property value of the adjacent parcel would increase by $8 million dollars. His idea is to have a facility built to host events as well as house those coming into the area. This facility would also help promote the Research and Education Park as well as our waterfront area. There are many opportunities to build hotels and the convention center. Mayor Benton addressed the Board in favor of this idea in concept and felt the Civic Center being located where the wastewater plant is located would be the ideal location. The City of Ft. Pierce needs a conference center where the public would have accessibility to enjoy the waterfront. Mr. Michael Busha, Treasure Coast Regional Planning Council, addressed the Board in favor of the suggested facilities. He suggested a business plan be drafted as a game plan for the area. Mr. Jeff Furst, Property Appraiser, addressed the issue from a business standpoint. He stated this property is very valuable and the economics is not even an issue. Mr. David Jenkins, Executive Director of the Sunrise Theater project addressed the Board and the positive vision of the idea. He advised the Board that the creation of a civic center or convention center would be a tremendous enhancement to the area and the Sunrise Theater. It would not be considered competition to the theater and cannot imagine the positive impact this facility would have for the area. 1 Com. Craft stated if they wished to remove the wastewater plant they need the cooperation of the City, FPUA and the county. If they do not join together in this venture, they will not receive “one flush” off of the island. Com. Coward concurred with the speakers and the vision. In order to generate enough revenue to move the plant, they must consider taking public land and putting it out to private use to generate the revenue to relocate the plant. It’s a decision to make as a trade off. The public needs to help us make the decision. Mr. Furst, Property Appraiser stated he does not believe this should leave public ownership. It should remain public and partner with those who can bring in economic revenues. Com. Lewis stated she supports moving the wastewater plant and would like to see a financial plan in order to move the plant. She supports working cooperatively with the City and FPUA. Com. Smith stated he supported the vision. However he would like to extend the invitation to the city of Port St. Lucie since they are contemplating building their own Civic Center and maybe there would not be the need for them to go that route and become part of this venture. Com. Hutchinson stated she needed to go back to the Conflict Resolution meeting held this past week with the City and FPUA. She was under the impression there would be a task force formed to work together to achieve the goal of moving the plant. To her this is the first step. Com. Craft advised the Board, Mr. Budreaux had stated “you find me the money and we’ll move the plant”. He suggested looking for a way to do this in the manner that does not impact the taxpayers. Mayor Benton stated the FPUA has a consultant on Board who will advise them of the cost of relocating the plant in the near future. Com. Craft suggested scheduling a workshop with the City and inviting the public to discuss the two parcels and include the vertical structures on Harbor Pointe. The County Attorney suggested scheduling a meeting with the 3 entities and having the Regional Planning Council as the facilitator. Com. Hutchinson stated she was not sure where we were after the prior meeting with the City and the FPUA regarding the Conflict Resolution and felt this need to be resolved first. Mayor Benton stated he believed there was a memo being drafted to the Board and the County Administrator stating the City and FPUA are looking for everyone to live up to the agreement as is and the impact fees for North County and the wastewater were the large issues. Com. Lewis stated she had a problem moving forward with this while the Conflict Resolution was still going on. She does not want to tie the two together. Com. Hutchinson concurred with Com. Lewis and stated she was hesitant to move forward until she knew where they stood with the Conflict Resolution. She needs to have this resolved before she will move to make a pretty dream a reality. 2 Com. Smith suggested sending a letter and advising the City and FPUA the County is willing to work with them in resolving the Conflict Resolution. Com. Coward stated he believed the proposal would help them resolve the Conflict Resolution. The reason they cannot resolve it now is because the spirit of that agreement is not only the short term issues the UA wants, but also our long term desire which is also in the agreement and that is to relocate this plant. In order for us to resolve both the short and long term aspects of the agreement, they need to bring this idea forward to show economically it can be achieved. The County Attorney advised the Board he had received notification by the UA Attorney essentially agreeing to stop the Conflict Resolution process in order to provide the parties an opportunity to discuss the issues further. His understanding of Board action was they were going to back to look at alternatives one of which was to see if they could relocate the plant. He does not believe this is inconsistent with what the County told the City and the UA at the meeting. Com. Hutchinson stated she also believed each entity would be specific on any issue they felt needed to be brought to the table for discussion. The County Attorney stated he believed the UA was stopping the clock at this point on the Conflict Resolution. It was moved by Com. Craft, seconded by Com. Coward, to schedule a workshop/public meeting with the Regional Planning Council taking the lead and the County funding it, and also inviting the City of Port St. Lucie, and; upon roll call, motion carried unanimously. B. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. Paul Scholl, Ft. Pierce resident, addressed the Board regarding utility usage and the comments made regarding additional charges being assessed to those who utilize more water over the level. Mr. Craig Mundt, Hutchinson Island, addressed the Board in favor of the proposed convention/hotel center discussed earlier. He also requested the name of the Harbormaster and information on his employment status. The County Attorney advised Mr. Mundt the Harbormaster is appointed by the Governor and our Harbormaster is Mr. Jessie W. Porter and he is paid by those who use the births. Mr. Charles Grande, Hutchinson Island, addressed the Board and suggested Mr. Porter be invited to speak with the Harbor Advisory Committee. He also commented on moving the plant off the island. Mr. Jay Maycumber, Indrio Road, addressed the Board and thanked them for all their efforts in attempting to move the plant off the island and focusing on the big picture in making our community a fine one. Mr. John Arena, Ft. Pierce addressed the Board regarding the species of sea grasses in the Indian River Lagoon. Ms. Susie Caron, Indrio Road resident, addressed the Board and thanked Com. Craft for his vision. 3 4. CONSENT AGENDA (1-3397) It was moved by Com. Coward, seconded by Com. Smith, to approve the Consent Agenda with the addition of CA-1, items C3A and C4C pulled, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 46. 2. COUNTY ATTORNEY A. Resolution No 05-321 Extending the State of Emergency for Hurricane Frances; and Resolution No. 05-322 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-321 an Resolution No. 05-322. B. Aircraft Rescue and Firefighters Facility- Interlocal Agreement with St. Lucie County Fire District- The Board approved the proposed interlocal agreement with the St. Lucie County Fire District for the Aircraft Rescue and Firefighters Facility and authorized the Chairman to sign the agreement. C. Teamsters Local Union No. 769- Third Amendment to October 1, 2002 Collective Bargaining Agreement to incorporate Comprehensive Classification and Pay Plan Study- The Board approved the proposed Third Amendment to the October 1, 2002 Collective Bargaining Agreement with Teamsters Local Union No. 769 and authorized the Chairman to sign the Third Amendment with the changes as noted by the Assistant County Attorney. It was recommended that anyone who was not recommended for an increase under the study in the st bargaining unit receive the same 2% increase retroactive to April 1. The County Administrator also advised the Board he was working on the Compression issue with the Union Representative. D. Harbormaster’s Public Official Bond- The Board approved and authorized the Chairman to execute the bond. 3. PUBLIC WORKS A. Engineering Division- Professional Engineering Services Stormwater Management Work Authorization No. 20 with Hazen & Sawyer Engineers, P.C. for Garrison Lane Drainage Improvements - This item was pulled. B. Engineering Division- Approve Change Order No.1- The Board approved Change Order No. 1 in the amount of $35,141.91 for the Weatherbee Road and U.S. 1 intersection improvements project. C. Engineering Division- Approve Work Authorization- No. 2 GCY Inc.,- Professional Surveying Services- The Board approved Work Authorization No. 2 with GCY, Inc., to provide Professional Surveying Services for St. Lucie County Horizontal Control Network in the amount of $14,950.00 and authorized the Chairman to sign. 4. PARKS AND RECREATION A. Tradition Field Concession Steamer (EQ05-357) and Budget Amendment BA 05-160 - The Board approved assigning EQ05-357 to 4 the new hotdog steamer, reimburse SFS the amount of $5,307.00 for the purchase and amend the budget through BA05-160. B. RFP No. 05-085 Concession Services Lawnwood Recreation Complex and South County Stadium- The Board approved awarding RFP No. 05-085 Concession Services to Professional Concessions, Inc., for concessions at South County Stadium and reject Fort Pierce Fire’s proposal concessions at Lawnwood Recreation Complex/Stadium . The Board approved staff negotiating with Professional Concessions, approved the contract as drafted by the County Attorney, and authorized the Chairman to sign. C. Change Order No. 2 to Contract C04-05-415 Open Space Pool Construction – This item was pulled. D. Removable Floor Covering for the Adams Ranch arena- Bid No. 05- 065 and Equipment Request EQ 05-342- The Board approved allocating $1,500 from Parks Impact Fees “B” and granted approval for a change to the original purchase order to Signature Flooring for one additional strap of tarp. 5. AGRICULTURE Position Reclassification for Establishment of FCS Agent/Assistant Director Position and Senior Staff Assistant for the County Extension Office- The Board approved Reclassification Forms RC05-017 assigning Assistant Director duties to the FCS Agent effective immediately, and RC05-018 reclassifying the Executive Assistant to a Senior Staff Assistant to take effect at the time an FCS Agent is hired. 6. GROWTH MANAGEMENT Consider Draft Resolution 05-149 granting Major Site Plan approval for the project to be known as International Airport Business Park for property located on the southwest corner of Cayuga Avenue and St. Lucie Blvd., in the IL Zoning District.- The Board approved Draft Resolution No. 05-149 granting major site plan approval for the project to be known as International Airport Business Park, subject to 5 limiting conditions. 7. INVESTMENT FOR THE FUTURE Reallocation of IFF Funds for the waterproofing of the windows at the Ft. Pierce Library at a cost of $8,720.00 – The Board approved the allocation of IFF Funds in the amount of $4,806.00 for the waterproofing of the windows at the Ft. Pierce Library at a cost of $8,720.00 General Caulking & Coatings. 8. PARKS REFERENDUM Installation of Lawnwood Football Stadium signage and upgrade the existing sound system - The Board approved the purchase of a 2’x32’ Lawnwood Stadium sign above the scoreboard at a cost of $4,040.00, install the sound system at a cost of $12,960.00 (EQ05-358 thru EQ05-362 and Budget Amendment BA 05-175. 9. ADMINISTRATION Replacement of Laptop Computer at a cost of $1,981.02 to Dell Computers- The Board approved the replacement of a laptop computer at a cost of $1,981.02 to Dell Computers, BA050-363. 10. ADMINISTRATION/MEDIA RELATIONS SLCTV Policies and Procedures- The Board approved and adopted the SLCTV Guidelines and Procedures Manual. 5 CA-1 ADDITION BCC MEETING SCHEDULE CHANGE- The Board approved the change to the Board meeting schedule for 2005- The October 4, 2005 meeting will convene at 9:00 a.m. and the October 11, 2005 meeting will convene at 6:00 p.m. REGULAR AGENDA PUBLIC HEARINGS 5.A. PUBLIC WORKS (2-050) Greenacres M.S.B.U. Second Public Hearing- Potable Water Improvements- consider staff recommendation to adopt Resolution No. 05-315 to levy a non-ad valorem special assessment on the Greenacres Municipal Services Benefit Unit; approve the attached preliminary assessment roll; and authorize staff to proceed with construction of the project. Ms. Delores Maynard, area resident, questioned whether the assessment would include sewer or just water. She also questioned the annexation requirement. The MSBU Coordinator advised Ms. Maynard this would only be for the water and stated they would be required to annex as a condition of service. It was moved by Com. Coward, seconded by Com. Craft to approve Resolution No. 05- 315, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY (2-0258) Ordinance No. 05-016 Stop Gap Ordinance – North County Charrette- Consider staff recommendation to approve Ordinance No. 05-016 and authorize the Chairman to sign the Ordinance. The County Attorney advised the Board he had added the waiver provision as directed by the Board. This would take the place of the language in Paragraph 3. The language reads as follows: Notwithstanding Section 2 above, an applicant for development of property within the area described in Exhibit “A” may apply to the Board for a waiver of the prohibition against processing such application. The Board shall consider such an application at a public meeting held within 45 days of receipt of the application by the County. If, at the public meeting, the applicant demonstrates to the Board’s satisfaction that the application 1) will not detrimentally affect the preparation and implementation of the Growth Management Regulations; 2) will further the principals of the North County Charrette Master Plan; 3) will be compatible with surrounding land uses; and 4) will not impair the public health, safety or welfare, then the Board may allow that application to be submitted, reviewed and processed concurrently with the Growth Management Regulations. In no event, however, shall a development order be issued for such application until such time as the necessary comprehensive plan amendments are in effect and the application is consistent with adopted land development regulations. Mr. Jay Maycumber, Indrio Road resident, addressed the Board and stated he appreciated the strong language placed in the ordinance. Mr. Paul Scholl, Ft. Pierce resident, addressed the Board regarding future land use of property after this ordinance is approved and the TVC proposal. The County Attorney stated the intent is not affect existing entitlements. If you want to change future land use and increase density then this would delay the process. 6 Ms. Noreen Dwyer, attorney for DR Horton, addressed the Board and stated she would endorse the County Attorney’s changes tonight. Com. Hutchinson advised the Board and those present of her intention to vote against this ordinance. Last January she requested staff provide her with a 10 year density analysis and read the results. She felt the Stop Gap Ordinance would be a “slap in the face” to the Board members based on the history and felt the Board has been made every effort to watch density increases and the Board has been watching the growth and have made decisions that prevent what they do not want. It was moved by Com. Craft, seconded by Com. Coward to approve Ordinance No. 05- 016, and; upon roll call, the vote was as follows: Nay: Hutchinson, Aye’s: Lewis, Smith, Coward, Craft; motion carried by a vote of 4 to 1. 5.C GROWTH MANAGEMENT (2-1012) Consider the Petition of H. Wayne Huizenga to define a Class “A” Mobile Home as a detached single family dwelling unit to be placed on 2.11 acres of land located 13054 NW Gilson Road in the AR-1 Zoning District- Draft Resolution No. 05-148. Mr. Bob Raines, attorney for Mr. Huizenga, addressed the Board on this item. Mr. Allan Sermans, President, Lakside Homeowners Association, addressed the Board in opposition to the placement of the mobile home in the area. He stated the values of the homes in the area are from $600,000 to $800,000 and placing a mobile home where it can be viewed from those homes would devalue the properties. He asked the Board to vote against this request. Ms. Cecila Treat, Lakeside resident, addressed the Board in opposition to the request and felt it would negatively impact the value of her home and those in the area. Mr. Clarence Abrahms, Lakeside resident, addressed the Board in opposition to the mobile home and asked the Board not grant this request. Ms. Treat read a letter into the record from Mr. & Mrs. Garafano, stating their opposition to the request. Mr. Gary Greg, Real Estate Broker, addressed the Board in opposition to this request and sated this was not the proper location for a mobile home. The Board members advised everyone present of their contact with the representative (Quasi Judicial). Com. Coward stated he would not be voting in favor of this request. It is his opinion the mobile home is not compatible or consistent with the surrounding area homes or developments. The representative for Mr. Huizenga addressed the location of the mobile home and stated it would be well hidden due to the trees that will remain in the area. He does not believe it can be seen from the road. Com. Lewis questioned if the home was a modular or a mobile home? Mr. Raines stated it was a modular home. The Planning Manager stated this application came in as a Class A Mobile Home and there is a difference between the two and he believes it is due to the certification and the inspection. Com. Craft recalled the Board not having the ability to state whether or not a modular home can be placed in a certain area. He was told it was up to the discretion of the homeowners association. 7 Mr. Raines stated he had been told it was a modular home. Com. Craft stated if this is a modular home then this application need not be submitted. Com. Hutchinson stated they are trying to clarify if this is a modular home or a mobile home according to the application. The Board discussed possibly continuing this public hearing due to the fact there was confusion regarding application for a Class A Mobile Home and the question of whether it was a modular home. The Attorney for the petitioner stated they concur with the continuation. Mr. Sermans stated it seemed to him that the applicant would be able to place a structure as a modular home on the property whether the surrounding residents want it or not. Their position is you can see the structure and it is not an appropriate use. They oppose a mobile home and he encourages the Board to vote against the request for the mobile home even if it is not what he intends to place on the property. Com. Lewis stated she felt uncomfortable in voting for an application that is not what it is intended to be. Com. Coward recommended voting to deny the mobile home application and this would let the petitioner know they would like something placed that is consistent with the area. It was moved by Com. Coward, seconded by Com. Craft, to deny Resolution No. 05-148 for the reason the proposed structure is not compatible or consistent with the surrounding area, and; upon roll call, motion carried unanimously. Com. Hutchinson stated she voted in the affirmative to deny the petition due to the lack of clarification. 5.D GROWTH MANAGEMENT (2-3766) Consider the petition of Maurice R. Levesque to define a Class “A” Mobile as a detached single family dwelling unit to be placed on 20 acres of land located on Bluefield Road in the AG zoning district- Resolution No. 05-147. Mr. Levesque addressed the Board on his request. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 147, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT (3-192) Consider the Petition of Matthew Nyberg for a waive from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the project to be known as Christensen Farms Subdivision for property located on the west side of Christensen Road, approximately 0.30 miles south of West Midway Road- Consider staff recommendation to continue the public hearing to the September 20, 2005 Board meeting in order to allow the applicant and St. Lucie County additional time to determine the fair share contribution. The Petitioner Matthew Nyberg addressed the Board and requested the Board accept his withdrawl of the request for a wavier and accept his check in the amount of $48,790.63 as payment for his portion of the fees. The Board accepted the petitioner’s request to withdraw and also accepted the check presented. 8 5.F PUBLIC WORKS (3-364) Solid Waste Final Assessment Resolution No. 05-317 Public Hearing - Consider staff recommendation to adopt Resolution No. 05-317 approving the Solid Waste Final Assessment Resolution. It was moved by Com. Lewis, seconded by Com. Smith to approve Resolution No. 05- 317 and; upon roll call, the vote was as follows: Aye’s: Lewis, Smith, Coward, Craft; Nay: Hutchinson; motion carried by a vote of 4 to 1. 5.G COUNTY ATTORNEY (3-516) Ordinance No. 05-025 Educational Facilities Impact Fee- No action required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, September 6, 2005 at 6:00 p.m. or as soon thereafter as it may be heard. Mr. Marty Sanders, School Board Facilities Director addressed the Board and reviewed revenue sources. Mr. Don Santos, Treasure Coast Builders Association, addressed the Board in favor of the ordinance. No action required. 5.H. COUNTY ATTORNEY (3-200) Ordinance No. 05-030- Amending Buildings,. Roads and Parks Impact Fees- No action required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, September 6, 2005 at 6:00 p.m. or as soon thereafter as it may be heard. The County Attorney addressed the Ordinance and the proposal to continue to collect the county impact fees in the city through a lien procedure. The County Administrator stated the correctional impact fees have been spoken for 25 years out. The new Clerk of the Courts building funds and the renovation of the old building in Ft. Pierce are coming from impact fees. Should we not collect the impact fees and not have replacement revenues, these projects will not be recommended to move forward. There are projects in jeopardy at this time. Mr. Don Santos, Treasure Coast Builders Association, addressed the Board on this issue and stated they are not taking sides with the discussion going on between the city and the county. He stated there are approximately 2000 contracts for homes that are in the process of going through the building process. The proposal to lien this would cause delays until the release of lien is initiated and completed. The homeowner will need to come up with the money for the lien in order to proceed with the building and they may not have those funds into their equation. This has serious consequences to the cash flow of local builders and the subcontractors and serious consequences to the homebuyers that will be caught in this two or three month period to work this out. Mr. Jim McKenzie, Port St. Lucie resident, addressed the Board and stated the reality of law suits was discussed at the P & Z meeting and not threats. He encourages the Board from the economic development point to work this out with the city and also work out a means of collecting the fees and discuss possible alternatives and resolve the problems at th the meeting to be held on the 26 of August with the city of Port St. Lucie. The County Attorney clarified that the fees are not increasing and addressed possible alternatives regarding Mr. Santos concerns on the homebuyer’s contracts and the liens. 9 No action necessary. END OF PUBLIC HEARINGS 6. GROWTH MANAGEMENT ( 3-1344) Request of Matthew Nyberg for final plat approval for the project known as Christensen Farms Subdivision. Consider staff recommendation to continue to the September 20, 2005 Board meeting to coincide with the roadway waiver hearing. It was moved by Com. Coward, seconded by Com. Craft to approve the final plat for this project due to the fact the request for waiver had been withdrawn and the fees paid by the petitioner, and; upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (3-2821) Resolution No. 05-319 Regarding Implementation of the Water Resources Development Act which includes the Indian River Lagoon- South Plan- Consider staff recommendation to adopt Resolution No. 05-319 as drafted. It was moved by Com. Smith, seconded by Com. Coward, to approve Resolution No. 05- 319, and; upon roll call, motion carried unanimously. UNAGENDAD The Board discussed amending the Lobbyist contract (Mr. Marlowe) in the amount of $4500 for his services. It was moved by Com. Coward, seconded by Com. Craft, to approve amending the contract in the amount of $4500.00, 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