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HomeMy WebLinkAboutBOCC Minutes 09-13-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 13, 2005 Convened: 9:00 a.m. Tape: 1-3 Adjourned: 1:15 p.m. Commissioners Present: Chairman, 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, Pete Keogh, Parks and Recreation Director, Don West, Public Works Director, Ed Parker, Purchasing Director, Mike Pawley, County Engineer, Roger Shinn, Central Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-027) It was moved by Com. Craft, seconded by Com. Smith, to approve the minutes of the meeting held September 6, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATION/PRESENTATION The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS None 4. CONSENT AGENDA (1-110) It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 50. 2. COUNTY ATTORNEY A. Resolution No. 05-345- Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-346 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-345 and 05-346. B. Pending TICOR Claim No. 149868- The Board approved the proposed settlement by TICOR. C. Auditor Services- First Amendment to August 20, 2002 Agreement with Berger, Toombs, Elam Gaines & Frank, CPA’s PL Fiscal Year 2004-05 Audit- The Board approved the First Amendment and authorized the Chairman to sign the First Amendment. D. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 25481 dated August 4, 2004- The Board authorized the Chairman to sign the attached Partial Release of Lien. 1 3. PUBLIC WORKS A. Engineering Division- Lake Drive MSBU- Interlocal Agreements with the Property Appraiser and Tax Collector- The Board approved the interlocal agreements and authorized the Chairman to sign the Agreements. B. Navajo Avenue South MSBU- Interlocal Agreements with the Property Appraiser and Tax Collector- The Board approved the Interlocal Agreements and authorized the Chairman to sign the Agreements. 4. ENVIRONMENTAL RESOURCES Request Board approval of Budget Resolution No. 05-325 establishing the budget for the United States Department of Agriculture/National Resource Conservation Service Wetland Reserve Program funds to be used to restore the Teague Property which is part of the Paleo Hammock Addition Project- The Board approved Budget Resolution No. 05-325. 5. PUBLIC SAFETY Request to approve the purchase of two servers, software, training and tapes for the GIS/Mapping System in the amount of $47,450.00 - The Board approved the purchase of the two servers, software, training and tapes to be used with the new mapping system in the amount of $47,450.00. Also approved Equipment Request # EQ05-374 and Budget Amendment # 05-188. 6. PURCHASING A. Permission to advertise an invitation to bid for Waste Tire Removal for Solid Waste Department- The Board granted permission to advertise an Invitation for Bid for Waste Tire Removal for Solid Waste Department. B. Authorize Parks and Recreation to participate as a co-sponsor with Reiss Ranch and Approval of a rate reduction for use of the Fairgrounds Equestrian Arena- The Board authorized Parks and Recreation to co-sponsor the Reiss Ranch Clinic and to approve the reduction of fees to a flat $2,000 for the two day event. C. UDT Seal Museum repairs- Budget Amendment No. BA05-190- The Board approved BA05-190 using $3,382. from the General Fund Contingency to repair the pool at the UDT Museum prior to the November 2005 Muster. 9. MANAGEMENT AND BUDGET A. Adopt Budget Resolution No. 05-343 to establish the budget for a Hurricane Housing Recovery Plan Grant- The Board adopted Budget Resolution No. 05-343 to establish the budget for the HHRP Grant. B. Adopt Budget Resolution No. 05-344 to establish the budget for the Green Acres MSBU project- The Board adopted Budget Resolution No. 05-344 establishing the budget for the Green Acres MSBU project. 2 10. CULTURAL AFFAIRS A. Authorize the Chair of the Board of County Commissioners to execute the Historic Preservation Grant Award Agreement, including Addendum to Grant Award Agreement Number SC615 and Restrictive Convenants, accepting the $350,000 grant- The Board approved accepting the $350,000 grant from the Florida Division of Historical Resources and authorized the Chairman to execute the Grant Award Agreement including Addendum to Grant Award Agreement Number SC615 and Restrictive Covenants. B. Request for approval to host a cocktail party for the Florida Trust for Historic Preservation at the St. Lucie County Historical Museum on October 26 and to serve alcohol- The Board approved the request from the Florida Trust for Historic Preservation to host a cocktail party and to serve alcohol at the Historical Museum 10/26/05 from 5:30 p.m. to 7:30 p.m. 11. SHERIFF’S DEPARTMENT A. Disbursements from Law Enforcement Impact Fees- The Board approved the Sheriff’s budget amendment and transfer of funds in the amount of $360,099.00. B. Distribution from LET Funds- The Board approved the Sheriff’s budget amendment and transfer of funds in the amount of $145,489.00. 5. NO PUBLIC HEARING SCHEDULED REGULAR AGENDA 6. COUNTY ATTORNEY 2005 Economic Development Exemption Application- Scripps Treasure Coast Publishing Company- Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 05-034 for a public hearing. It was moved by Com. Craft, seconded by Com. Lewis to grant permission to advertise Ordinance No. 05-034, and accept the report and; upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY 2005 Economic Development Exemption Application- Atlantic Truss Co., Ltd.- Ordinance No. 05-035- Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 05-035 for a public hearing. It was moved by Com. Craft, seconded by Com. Coward, to grant permission to advertise Ordinance No. 05-035, and accept the report and; upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY 2005 Economic Development Exemption Application- Tropicana Products, Inc.- Ordinance No. 05-036- Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 05-036 for a public hearing. 3 It was moved by Com. Smith, seconded by Com. Lewis, to accept the report and grant permission to advertise Ordinance No. 05-036, and; upon roll call, motion carried unanimously. 9. PUBLIC WORKS (1-400) Grey Twig Lane MSBU Final Hearing Public Water Improvements- Consider staff recommendation to adopt Resolution No. 05-339 approving the Final Assessment Roll for the Grey Twig Lane Municipal Services Unit. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 05- 339, and; upon roll call, motion carried unanimously. 10. ENVIRONMENTAL RESOURCES Draft native Tree Mitigation Bank Agreement – Flagler Development Corporation- Consider staff recommendation to approve the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation and authorize the Chair to sign the agreement. Mr. Dobbins, Flagler Development Corporation addressed the Board. Com. Coward stated it may be more advantageous for the County to purchase the property if the Developer does not wish to maintain it. Mr. Dobbins stated it would not be pall able for the developer to donate the property and also assist in maintaining it. The Environmental Resources Director stated she could work with Mr. Dobbins on the language for the management of the property and return to the Board. Com. Coward stated he was interested in the possibility of a portion of the revenues coming to the county. Com. Lewis stated she would lie to have more research done however, she does not wish to lose this opportunity. Com. Coward stated his wishes are not for the deal to go away, but simply would like a better deal. He also questioned the clause regarding the annexation (# 10) and would like this language reviewed. Mr. Dobbins stated the annexation language can be removed if it was the pleasure of the Board. It was the consensus of the Board to table this item until more information can be obtained. 11. GROWTH MANAGEMENT Draft Resolution No. 05-150 granting Major Site Plan approval for the project to be known as Capron Trail Park- Lakewood Park for property located on the east side of Emerson Avenue north of Waterstone FKA Emerson Estates PUD- Consider staff recommendation to approve Draft Resolution No. 05-150 granting Major Site Plan approval for the project to be known as Capron Trail Park subject to 1 limiting condition. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- 150 subject to the 1 limiting condition, and; upon roll call, motion carried unanimously. 4 12. COUNTY ATTORNEY Impact Fees - Interlocal Agreements with the Town of Lucie Village- Impact Fees- Consider staff recommendation to approve the Interlocal Agreements and the Memorandum of Understanding. It was moved by Com. Lewis, seconded by Com. Smith to approve the Interlocal Agreement and the Memorandum of Understanding, and; upon roll call, motion carried unanimously. 13. COUNTY ATTORNEY Impact Fees – Interlocal Agreements with the City of Port St. Lucie to collect Fire/EMS and Library Impact Fees- Consider staff recommendation to approve the Interlocal Agreements and authorize the Chairman to sign the agreements. It was moved by Com. Smith, seconded by Com. Coward, to approve the interlocal agreements, and; upon roll call, motion carried unanimously. 14.. COUNTY ATTORNEY Impact Fees- Interlocal Agreements with the City of Ft. Pierce- Consider staff recommendation to approve the Interlocal Agreements and authorize the Chairman to sign the Agreements. It was moved by Com. Lewis, seconded by Com. Coward, to approve the Interlocal Agreements, and; upon roll call, motion carried unanimously. 15. ADMINISTRATION (1-1383) Special Needs Shelter Location- Staff is requesting direction on the location of the Special Needs Shelter. The County Administrator addressed the Board and stated they were in a time frame to accept the $2.5 million state funding. The Public Safety Director reviewed the 5 options he presented to the Board. Ms. Kimberly Knapp, area resident, addressed the Board in favor of the fairgrounds location due to its location, the size of the area and it’s convenient location to the hospitals. Mr. Duke Nelson, City of Ft. Pierce Commission, addressed the Board in favor of th utilizing the Human Development Resource Building on 29 and Avenue D. He asked the Board to join the City of Ft. Pierce with their plans and select the Resource Building as the special needs shelter. Mr. Dennis Beach, City Manager, addressed the Board and asked the County to consider an urban area when making a major investment. Mr. Larry Lee, Jr., on behalf of the Human Development Resource Center addressed the Board concerning the residents who cannot afford to find a way to leave the area and this would be an ideal location as a shelter for the poor. Mr. Edward Egars, area resident, addressed the Board and stated he did not believe the th 29 and Avenue D location was a good location due to the size. He stated 6 acres was not enough to house superdome capacity. Ms. Arlene Goodman, 490 Oleander Avenue resident, addressed the Board and read a letter from the White City Improvement Club for the record (see attached) in favor of the 5 fairgrounds location due to the fact the county already owns the land and there is plenty of space for all emergency vehicles and emergency personnel. Mr. Jack Cahill, City of Ft. Pierce resident, addressed the Board and asked them to consider the City residents when making their decision and also consider there are those who need help beyond medical needs. Mr. John Ferrick, read a letter from the North Fork Property Association and addressed the Board in favor of the fairgrounds location and would like the Board to accept the money before we lose it. Ms. Rosalie Hawkins, area resident addressed the Board in favor of the fairgrounds location and stated having crucial personnel in one location is essential. Ms. Hawkins questioned the flood zones in the county. Mr. Christopher, Emergency Management, addressed the flood plane requirements. Mr. Duke Nelson, City Commissioner advised the Board the City has 3 million dollars th allocated for reconstruction of the 29 St., location and the county can add on or redesign if necessary. Ms. Pamela Hammer, Reserve resident, addressed the Board and stated the county is in desperate need of a special needs shelter for the entire county and stated she was in favor of the fairgrounds location due to its size. Mr. Don Rosenthal, resident, addressed the Board and stated 10 miles will not make a difference and stated both facilities should be considered. The County Administrator advised the Board they will have the 2.5 million if the Board decides to move forward with accepting the money and they will be researching other funding sources for the balance. Com. Hutchinson stated she felt the fairgrounds was a prime location for the special needs facility. She stated this was not an every day shelter but was for specific medical needs that needed electricity for example and this would be provided by generators. Com. Lewis stated her concern with the fact that during the time of the second storm approaching, there were fewer residents at the shelter due to the fact they were afraid of being moved to a out of county location. She stated there was a small percentage of the population requiring special needs and these are the people the shelter would be built to accommodate not the general population. Com. Craft stated what leads him not wanting to place such a facility in a rural area is the size of the building. He felt the primary use should be a daily use especially if they are going to be spending the amount of money mentioned. This building should be near restaurants and generate traffic locally but not sprawl. He felt this is not a convenient location because there are only two roads to this location. Com. Smith stated after reviewing the details further he felt the fairgrounds was not the th proper location for the shelter. He supported the shelter being located at the 29 and Avenue D location. He stated he found in the city of Ft. Pierce the residents would be closer to medical aid, whether it be the hospitals or a walk in clinic. A shelter at the fairgrounds should be utilized as a shelter for disaster and hurricanes for the general population. Com. Smith questioned the American Red Cross Standard and asked if we had spoken to anyone from the Red Cross. Mr. Christopher, Public Safety, stated the State of Florida, Dept. of Community Affairs, Emergency Management, has adopted Article 44-96 as their standards for shelters. This Article has nothing to do with the Red Cross. This is their acceptance at the State level as to where shelters should be located. 6 Com. Smith asked if there was a county within the 100% flood plain would they be able to have a special needs shelter? Mr. Christopher stated, according to the way this is written, no sir. Com. Smith stated he did not believe this was their intention and would like someone to contact the state or who ever we need to give us firm answers on this issue. The County Administrator stated they would request a waiver should the Board elect to place the shelter in the city of Ft. Pierce. If they cannot get the waiver he would return to the Board. Com. Coward concurred with Com. Craft. He stated the key issue is where to locate the shelter. This area is outside the urban service area. This is a rural area and this is why he is concerned about placing the shelter in this area, however, he does not have a better location because staff has not presented alternatives for consideration. He is disappointed in the process and stated the 10 mile was the driving force throughout the whole process for the past 6 years. Now we are told it is not even an issue. Com. Coward stated he would not vote to jeopardize $2.5 million. The Public Safety stated what was before the Board today was acceptance of the money. The County Administrator stated the confusion seems to lie where it is noted the county must have a certificate of occupancy by 2008. To get building design and get it built takes a while this is why they are pushing a deadline. Com. Lewis stated she had a concern accepting the money not knowing what she will be doing with it not knowing what the other financial contribution should be. It was moved by Com. Craft, to send a letter saying yes we will accept the money for the special needs shelter, seconded by Com. Coward, Com. Coward stated he would like to put a time frame on this issue and stated would like information on the alternative sites that that he can make an informed decision and if they cannot find other locations, he would support the fairgrounds. He states, as it relates to the Ft. Pierce site, there is an issue of the flood plain and there is some discussion as to whether or not it can be placed at this location. He suggested calling the state for information and whether the waiver can be achieved. The second issue is the flood plain maps and whether they are conceptual. They need to be homed in on site specific basis and need to find out where the flood plain relates to this project. Com. Coward also stated the City of Port St. Lucie did not have time to respond and they need to be given that time. Com. Hutchinson stated she was not willing to put this decision off any further. And; upon roll call, motion carried unanimously. Com. Hutchinson asked if there would be anyone willing to make a motion regarding the location of the special needs shelter. Com. Craft stated he would like to find out the particulars regarding the flood plain and the development center on Avenue D and find out if that truly is in the flood plain or if the map is truly conceptual. 7 It was moved by Com. Craft to direct staff to investigate the particulars regarding the flood plain regarding the location of the development center on Avenue D, seconded by Com. Coward requesting a letter be sent to the City of Port St. Lucie so that they can provide any final plans for us to consider, and; upon roll call, motion carried unanimously. Com. Coward requested the information come back within a couple of weeks minimum. Com. Lewis stated she voted for this only because she wanted to move forward. 16. COUNTY ATTORNEY (2-2137) Chuck’s Seafood Inc.- Proposed Leasehold improvements- Staff recommended that the Board of County Commissioners determine whether to grant conceptual approval to the improvements proposed by Chuck’s Seafood, Inc., subject to approval by the City of Ft. Pierce and entry into an amendment to the April 21, 1998 Restatement of Lease Agreement to increase the leasehold to include the additional property to the west of the existing leasehold. The Assistant County Attorney gave a history on this issue and stated Mr. Barton has submitted a site plan to the city of Ft. Pierce and it is scheduled to go before their Planning and Zoning Commission tonight. There are also staff comments from the City to the Planning and Zoning Commission recommending approval with certain conditions related to proof of an executed agreement between the County and Chuck’s regarding the parking which is one of their code requirements. In order to accommodate the required parking for the proposed expansion, he is proposing to expand the parking into the existing park facility. The petitioner is proposing to have a dining area of approximately 3,000 square feet to replace the covered canapy dining area to the north of the area, a banquet room of 3,000 square feet, office space 2,084 square feet and a kitchen facility of 2,084 square feet. The free standing bar 3,764 square feet, a pier, an elevated boardwalk, two public bathrooms, and, an additional 79 parking spaces. The Assistant County Attorney stated it may be feasible to look at the fair market rental rate now. There are also some outstanding code violations that should be resolved with the city. The Planning Manager addressed the proposed expansion. Staff is concerned with the fact there seems to be excessive vehicular access onto to A-1-A that can be determined unsafe. Also they are concerned with giving up 400+ feet of the public park onto the beach that is used by many residents. Staff recommended not extending the lease. Com. Coward questioned the large amount of office space being requested. He believed the Board has consistently supported restoring the restaurant back, but the Board also recognized they wanted to work within the existing foot print and they were gracious enough to allow the petitioner to have additional development potential on the second story. This is a very substantial increase in square footage as presented. Com. Coward requested an update by the Asst. County Attorney on the code violations. The Asst. County Attorney advised the Board of the code violations both resolved and existing. Mr. Barton addressed the code violation regarding the removal of the sea grapes. Mr. Barton stated he had a permit to remove the sea grapes from the city and when the piping was placed more sea grapes were removed than anticipated. This issue has been resolved, he replanted the sea grapes. 8 Also, in reference to the trailer, he was permitted to place the trailer after the hurricanes. thth The permit was given to him until June 15 and prior to June 15 he had reapplied for the permit and the city decided not to extend the permit until he had a construction permit to tie it to. He applied for the construction permit then, the city decided they were not going to issue the permit until the Board voted on the major project. He stated there are many inconsistencies and he is not violating all the codes. He also explained the reason for the 2,000 sq. ft. in office space. The city did not want him to classify the space as a lounge and asked he classify it as office space. Mr. Dave Knight, Knight McGuire & Associates, addressed the Board and asked he be made aware of what improvements would be permitted. He advised the Board of the plans for the property and stated all improvements will meet current building codes. Mr. Jack Cahile, Ft. Pierce addressed the Board and stated 175 parking spaces is not in accordance with the size of the building. Ms. Jean Hearn, County resident, addressed the Board in opposition to the expansion and stated the site plan does not conform with the area. Mr. Bob Bangert, Conservation Alliance, addressed the Board in opposition to the proposed site plan. Mr. Edward Egars, area resident, addressed the Board in favor of the expansion. Ms. Adrina Barton, addressed the Board and noted the improvements that will be made and asked for the Board’s approval. Ms. Jane Morrell, area resident, addressed the Board and stated her opposition to the county relinquishing public property for private use. Ms. Arden Peck, South Beach Association Parks Committee, addressed the Board in opposition and asked the Board contact the city regarding the code violations she feels still exist. The Operations Manager for Chuck’s Seafood addressed the Board and stated the additional space is needed for the servers to provide better service. Mr. Craig Mundt, Hutchinson Island resident, addressed the Board in opposition to the expansion. Ms. Eldie McCurdy, Hostess for the restaurant, addressed the Board in favor of the expansion. Mr. David Moore, employee, addressed the Board in favor of the expansion. Ms. Fitzgerald employee addressed the Board in favor of the expansion and commented on Harbor Isle and the impact . Com. Hutchinson stated the Board did not make the decision on Harbor Isle, the City of Ft. Pierce did. Ms. Joan Attwood, Bartender at Chuck’s addressed the Board in favor. Com. Craft stated he would like to see Chuck’s expand according to prior foot print submitted and also would like to be made aware of the city’s concerns. He also asked if Mr. Barton could obtain a letter of credit to show the funding is there. Mr. Barton suggested suspending the cracker bar, suspend the canapy over the existing area and this can reduce a lot of space. The kitchen is the one thing that is important it is an old kitchen and it is very small. 9 Com. Coward stated his main concern was the expansion and he does not mind the expansion without taking public property and he is pleased with Mr. Barton’s concessions to the plan, but does not want to approve a plan that was just decided on 30 seconds ago. Com. Hutchinson the growth management staff for the County as well as the City’s growth management staff need to work together with Mr. Barton. She will not move forward into any type of an agreement so long as there are code violations pending and have not been addressed. Com. Smith thanked Mr. Barton and his staff for coming out and presenting the plan. Com. Lewis stated they need to consider a formalized agreement with shared parking and plan ahead and how this will be dealt with and would like to see how the joint use will be handled. Com. Craft stated they needed a revised site plan and all the code violations addressed. Com. Coward advised the petitioner he can expand up, but not out and this is what the Board is saying. It was the consensus of the Board to call the City of Ft. Pierce and advise them what the BCC ‘s position is today or place it in writing so that Mr. Barton may present the Board’s position to the Planning and Zoning Commission tonight. 17. COUNTY ATTORNEY (3-300) Shinn Road Development LLC vs. St. Lucie County- Settlement Proposal- Based on the circumstances set out above, staff recommends that the Board approved the Mediation Settlement Agreement and authorize the County Attorney to sign the Agreement. It was moved by Com. Coward, seconded by Com. Smith, to approve staff recommendation, and; upon roll call, motion carried unanimously. UNAGENDAD The Board discussed the scheduled meeting for October 12, 2005 with FPL. It was the consensus of the Board to reschedule this meeting for October 25, 2005 at 6:00 p.m. There being no further business to be brought before the Board, the meeting was adjourned. ____________________________ Chairman ____________________________ Clerk of Circuit Court 10 11