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HomeMy WebLinkAboutBOCC Minutes 02-01-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 1, 2005 Convened: 6:00 p.m. Tape: 1-3 Adjourned: 9:30 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Chris Craft, Doug Coward, 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, Paul Phillips, Airport Director, David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held January 25, 2005; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS PRESENTATIONS A. Resolution No. 05-037- Proclaiming February 5, 2005 as “Jazz Festival Week” in Ft. Pierce, Florida. It was moved by Com. Craft, seconded by Com. Smith to approve Resolution No. 05-037; and, upon roll call, motion carried unanimously. 3. GENERAL PUBLIC COMMENTS Mrs. Nadine Stewart, resident, addressed the Board regarding the violation of Board direction by the contractor for the Waterstone Development project. Com. Hutchinson stated she would review the e-mails and confirm the violation and contact Mrs. Stewart. Mr. John Arena, County resident, addressed the Board regarding the Indian River Lagoon. Ms. Susie Caron, Indrio Road resident, addressed the Board and concurred with Mrs. Stewart in the violation of Board direction. Com. Hutchinson stated she had advised Mrs. Stewart before Ms. Caron came into the Chambers of the review of the e-mails received and she would also contact Ms. Caron of the outcome. Ms. Deolores Maynard, Green Acres resident, addressed the Board with regards to Waste Pro not picking up shrubbery that had been placed for pick up. The hauler had advised Ms. Maynard that this debris was considered land clearing and they did not pick up this type of debris as a regular item. Ms. Maynard also expressed her dissatisfaction with the permitting process. Mr. Dennis Grim, Code Enforcement Manager gave an update on the additional staffing request. Mr. Jay Macumber, area resident, addressed the Waterstone Development Project and asked if plans have been submitted. The Planning Manager advised those present of the plans being submitted this afternoon and has not had time to review them. Com. Hutchinson advised Mr. Macumber that he may obtain a copy of the plans from the Planning Manager. Ms. Elaine Cunningham Sunland Gardens resident, addressed the Board and asked information on the road and if it was being paved. The MSBU Coordinator advised Ms. Cunningham they are not presently working on an MSBU for paving of the road, however, she asked Ms. Cunningham to call her and she would be more than happy to advise her how to pursue the request. 4. CONSENT AGENDA (1-932) It was moved by Com. Smith, seconded by Com. Craft, to approve the Consent Agenda with item C-8-A pulled and will be rescheduled for a later meeting; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 18. 2. COUNTY ATTORNEY A. Seventh Addendum to Shopping Center Lease- Village Green- The Board approved the Seventh Addendum to extend the term of the lease for two months and authorized the Chairman to sign the Seventh Addendum. B. Resolution No. 05-050 Extending State of Emergency for Hurricane Frances and Resolution No. 05-051 extending the state of emergency for Hurricane Jeanne- The Board approved Resolution No. 05-050 and 05-051. 3. UTILITIES A. Work Authorization with LBFH-Engineering/Consulting Services- The Board approved Work Authorization with ZLBFH, Inc., for engineering/consulting services for the design of a water main interconnect North Hutchinson Island between St. Lucie County Utilities and the City of Vero Beach in the amount of $74,150.00. B. Work Authorization with Camp, Dresser & McKee - The Board approved the Work Authorization with Camp, Dresser & McKee for engineering services pertaining to the West County Regional Wastewater Treatment Plant-phase 1 facility siting analysis in the amount of $68,980.00. 4. PARKS AND RECREATION Request by the St. Lucie County 4-H Club for fee adjustment for use of the Adams Ranch Equestrian Arena- The Board approved the 4-H Club Rocking Horse and Time Chasers request to use the Adams Ranch Equestrian Arena at the reduced feed of $937.50 for their March 26, 2005 fundraiser. 5. GROWTH MANAGEMENT Draft Resolution No. 05-011 granting approval for a Major Site Plan to be known as Prima Vista Commons- The Board approved Draft Resolution No. 05-011 subject to the conditions contained there n. 6. ADMINISTRATION A. Request for Board approval of Change Orders Nos. 2,4 and 5 for repair of hurricane damaged Tradition Field by Rodda Construction - The Board approved Change Order Nos. 2,4, and 5 in the amount of $28,610,$28,492 and $6,745 . B. Tourist Development Council Appointment- The Board ratified Com. Craft’s appointment of Glenn Jafe to the Tourist Development Council. 7. INVESTMENT FOR THE FUTURE A. Engineering Division- Change Order No. 2 Glades Cut-off Road over C-24 Canal Bridge project- The Board approved and authorized the Chair to sign Change Order No. 2 in the deductive amount of ($2,325.00) for a total contract price of $173,187.00; accepted the project; released the retainage in the amount of $17,318.70 and made final payment to the contractor CEM Enterprises, Inc., in the amount of $17,318.70 . B. Central Services Vehicle Replacement- Mosquito Control Department- The Board approved the use of IFF funds in the Fleet Replacement Program FY 04-05 and replaced the 1998 S-10 Spray struck with a new vehicle, a Ford F-150 4x4 extended cab, at a cost of $17,585.00. 8. PUBLIC WORKS A. Engineering Division- Part time Office Assistant III Position for the MSBU Program- This item was pulled. B. Environmental Resources Division- The Board approved the request to use Road Impact Fees in the amount of $164,689.14 to purchase 4.73 acres of Ten Mile Creek property. 9. PURCHASING Award of RFP # 05-016- Classification and Pay Plan Study- The Board approved all three proposals for the shortlist, permission to enter into a contract with the top ranked firm, Cody and Associates for a total amount of $27,000 (Budget approval # BA05-124) and authorized the Chairman to sign the contract as prepared by the County Attorney. REGULAR AGENDA (1-956) 5.A AIRPORT St. Lucie County International Airport Part 150 Study Group Recommendation- Consider staff recommendation that the Board accept public comment and approve the recommendation of the Airport Part 150 Study Group for inclusion in the St. Lucie County International Airport Part 150 Noise Study Update. Ms. Diane Carter, MEA Group made a brief presentation. Ms. Lisa Waters, President, MEA Group, addressed the Board’s questions. Com. Coward questioned the ability to purchase land outside the 65 decibel. Ms. Carter said they can purchase property around the airport, however, it would not be funded by the FAA under the noise program. Anything within the 65 DNL would be fundable under the FAA and FDOT funding. They are recommending 6 homes be purchased at a cost of $25,000 to the County with the rest of the funds coming from the FAA and the FDOT. Com. Coward stated he would like more information on possibly purchasing land even if it is outside the 65 decibel level area. Ms. Waters stated the group is looking towards protecting the lands due west of the airport which are currently orange groves from becoming residential development. Mr. Bill Theiss, St. Lucie Village Mayor, addressed the Board and recommended the Board embrace the recommendations of the study group. He would like to see some “teeth “ into the plan to hopefully make those using the airport follow procedure. Com. Coward stated they needed to look at the lease agreement. The Board is restricted as to what they can do and these issues may be addressed through the lease agreement and still adhere to the laws. Mr. Jim VanHacken, Village resident, stated he was under the impression that it was not the study moving the airport. He thought they were going to get a “buy in” from the management. The only other option is to run the airport ourselves and not accept any money from the FAA. Ms. Diane Andrews read and submitted a prepared statement (see attached). Unidentified resident, addressed the Board regarding the constant noise due to the touch and go’s and expressed her dissatisfaction with what has been done to stop the noise. Ms. Patricia Weiner, committee member, addressed the Board regarding the continued traffic of planes over her home. She expressed her concern with the parallel runway . Com. Smith questioned what type of procedures they would be looking at if they pursued the westward shift of the runway. The Airport Director stated the westward shift would have excellent noise benefits without a doubt, however, the study group chose the parallel runway due to the safety benefits. The primary concern would be, would the FAA permit us to use existing pavement they have paid for if we were to do the westward shift. Com. Lewis asked if we were to pay for it would they permit us to utilize it. The Airport Director stated he was not sure, those are untested waters. He believes they would still be opposed. Com. Coward stated he was comfortable with the recommendations as written and he does not have enough information to take action, but it does warrant additional information back to this Board and that is what the recommendation calls for. It was moved by Com. Coward, seconded by Com. Lewis, to approve the recommendations and the specific aspects outside the realm of the Federal Dollars, are to come back to the Board in the near future (30 days), and; upon roll call, motion carried unanimously. It was moved by Com. Coward, seconded by Com. Craft to direct the legal staff to come back to the Board with information regarding the lease agreements and what ability the Board has to strengthen those agreements within 30 days and; upon roll call, motion carried unanimously. 5B PUBLIC WORKS- Initial Public Hearing (1-2641) Engineering Division- Sunland Gardens Phase II MSBU- Consider staff recommendation to adopt Resolution No.05-046 creating the Sunland Gardens Phase II MSBU approve the preparation of an Interlocal Agreement with the City of Ft. Pierce Utilities Authority and authorize the County Engineer to proceed with the engineering and design of the project. Ms. Brenda Shuman, area resident, addressed the Board in opposition to the project. Ms. Ann Duart, Sunland Gardens resident, addressed the Board in opposition to the project. She does not agree with paying for the pipes when she already has good water. Rev. Shelton, area resident, addressed the Board regarding the project and stated this would place a burden on many residents who cannot afford the water. Mr. William Bradley, Sunland Gardens resident, addressed the Board and stated he opposed the annexation to the city. Com. Hutchinson advised Mr. Bradley of the county’s position on the annexation issue and how they have attempted to resolve this issue with the city. Ms. Edith Powell, Sunland Gardens resident, addressed the Board in favor of the project. Mr. Arstell Mims, Sundland Gardens resident, addressed the Board in favor of the project. Mr. Benjamin Minus, Sunland Gardens resident, addressed the Board in favor of the project and stated they needed good water in his area. Mr. Anne Tomler, Avenue I resident, addressed the Board in opposition to the project. Com. Smith addressed the concerns of the residents and stated he lived in Harmony Heights and there are serious issues in the community and one of them is water. He also advised the residents the city of Ft. Pierce needs the tax base and it is a complicated process. Com. Lewis addressed the fact that this is a request by 67% of the area residents. She advised the residents that as far back at 1993 there was a concern by the Health Department of possible contamination. There is also the SHIP program that can assist with the assessment. It was moved by Com. Lewis, seconded by Com. Smith, to approve Resolution No. 05- 046, and to authorize the County Engineer to proceed with the Engineering and Design of the project; upon roll call, motion carried unanimously. 5.C COUNTY ATTORNEY (2-1222) Ordinance No. 05-001 Newsracks on Public Right of Ways- No action required from the County Commission at this time. The second public hearing will be held on Tuesday, February 15, 2005 at 6:00 p.m. or as soon thereafter as possible. Com. Coward questioned the authority of the Board to mandate a standard. The Asst. County Attorney stated the Board can go only so far. They can regulate aesthetics and safety to a point. Mr. Craig Mundt, Hutchinson Island resident, addressed the Board on this issue and provided photos of the existing newsrack boxes and a photo of the new boxes he felt should replace the unstable boxes. He also addressed the height of the bases of the new boxes. Mr. Charles Grande, Hutchinson Island resident, addressed the Board this issue and stated the new boxes are clearly an improvement. However, the boxes should not be placed on sidewalks, but should be placed on a concrete pad off the sidewalks. Mr. Bob Rossi, Scripts Marketing, addressed the Board regarding the adjustments to the Ordinance. He pointed out the extended sidewalk viewed in the photo was provided by the City of Ft. Pierce Public Works Department. They would like to work with the County’s Public Works Department if the county is willing to do the same. He is aware there are area in question in the county such as on the beach area and would be willing to work with the county on these areas. Where there is more than 5 newsracks then there should be modular racks, but does not see the need where there is only one. They are very costly and would need to work this into their budget next year. Com. Smith requested a report on the hardship such an ordinance would bring on the company. The County Attorney requested comments and if more time is needed they will request it. The proposed effective date is September 05, if this is not reasonable, they can also request a delay. Mr. John Duran, North Hutchinson resident, addressed the Board in favor of the ordinance. No action necessary. 5.D PUBLIC WORKS (2-3083) Code Compliance Division- Request for an order pursuant to Article III Chapter 2-5 of St. Lucie County Code of Ordinances and Compiled Laws, to repair or demolish an th Unsafe Structure at 2313 S. 36 St., Ft. Pierce, Florida- Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws. Staff recommends that the Board enter an order as follows: 1) Richard A. Pumphrey, as owner of the Building, shall obtain building permit by April 1, 2005 to either repair or demolish the Building. If a permit is obtained by April 1, 2005 Richard A Pumphrey as the owner of the building shall repair or demolish the building or cause the building to be repaired or demolished by June 17, 2005. 2). If the permit is not obtained by April 1, 2005 for repair or demolition of the building or if a permit is obtained and the building is not repaired or demolished by June 17, 2005 the County shall demolish the building and assess the entire cost against the real property where the building is located. It was moved by Com. Coward, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. 6. PUBLIC WORKS (2-3083) Change Order No. 1 in the amount of $429,894.03- Indian River Drive North- Project- Consider staff recommendation to approve Change Order No. 1 in the amount of $429,894.03 for the Indian River Drive project and authorize the Chairman to sign. The County Engineer gave an update on the project. It was moved by Com. Craft, seconded by Com. Coward, to approve Change order No 1., and authorized the Chairman to sign; upon roll call, motion carried unanimously. 7. PUBLIC WORKS Change Order No. 1 in the amount of $289,960.26 Indian River Drive Middle Project- Consider staff recommendation to approve Change Order No. 1 in the amount of $289,960.26, Indian River Drive Middle Project and authorize the Chairman to sign. It was moved by Com. Craft, seconded by Com. Lewis, to approve Change Order No. 1, and authorized the Chairman to sign; upon roll call, motion carried unanimously. RA-1. COUNTY ATTORNEY Resolution No. 05-059- A resolution of the Board of County Commissioners of St. Lucie County, Florida urging the Honorable Governor Jeb Bush to facilitate advance hurricane funding and processing of hurricane claim payments on an expedited basis- Consider staff recommendation to adopt Resolution No. 05-059 and direct the County Administrator to forward a copy of this resolution to the Honorable Governor Jeb Bush. The County Attorney stated in their haste to prepare this resolution, they forgotten to add, the Governor request to urge FEMA to reimburse local governments for debris removal in gated communities. He proposes this item be added to the title and on the second the second page add : “ This Board requests the Governor to urge FEMA to reimburse local governments for debris removal in gated communities”. On paragraph four it should read $60 million, this was a typographical error. The County Attorney advised the Board a joint letter between the County and Indian River County would be drafted as requested. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- 059 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 the Circuit Court