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HomeMy WebLinkAboutBOCC Minutes 09-20-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 20, 2005 Convened: 6:00 p.m. Tape: 1-3 Adjourned: 9:30 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Doug Coward, Paula A. Lewis, 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 Brillhart, Special Projects Director, Pete Keogh, Parks and Rec. Director, Mike Bowers, Utilities Director, Ed Parker, Purchasing Director, Roger Shinn, Central Services Director, Jack Southard, Public Safety Director, David Kelly, Planning Manager, Mike Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held September 13, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 05-316- Proclaiming the Fourth Monday in September 2005 as “Family Day” A Day to East Dinner with your Children” in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 316, and; upon roll call, motion carried unanimously. B. Resolution No. 05-358- Proclaiming the month of September 2005 as “Alcohol and Drug Addiction Recovery Month 2005” in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 05- 358, and; upon roll call, motion carried unanimously. C. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. Chris Humphreys, Sandalwood resident, addressed the Board regarding the roller skating rink in the area. He asked the Board’s assistance in attempting to make the establishment lower the vibrations coming from the rink on Friday and Saturdays. Mr. Greg Rosslow, 201 Hartman Road resident, addressed the Board regarding the noise and the code. Mr. Dennis Bunt, Asst. Code Compliance Manager addressed the comments made by the residents and stated his staff has visited the establishment on various occasions and according to the code they have not violated the volume levels. Mr. Pierre La Violet, area resident, addressed the Board regarding the vibrations being felt from the music at the rink and stated he could not have guests spend the night due to the noise. 1 Sheriff Ken Mascara addressed the Board and stated the establishment is not going beyond the volume levels but are exceeding the vibration levels and suggested reviewing the ordinance. The County Attorney suggested going to a heightened standard and suggested this idea be reviewed. Ms. Carrie Rowe, Sandalwood resident, addressed the Board regarding the facility permitting the kids roam around. She observed in the morning small bags all over her yard . Mr. Todd Thomas, Sandalwood resident, addressed the Board regarding the noise levels. Com. Smith commented on his visit to the area and stated the owner of skatetown and the residents need to come to a common ground. Com. Coward suggested strengthening the existing ordinance. It was the consensus of the Board to agenda this item for discussion at the next Board meeting and requested staff bring back recommendations as to what steps can be taken and also provide the necessary backup. Mr. John Arena, Ft. Pierce resident, addressed the Mega Yacht Industry . Mr. Charles Grande, Local Planning Agency thanked Com. Craft for attending the meeting and stated they would be coming back with positive changes. Mr. Paul Scholl, area resident, addressed the developments outside the Urban Service Boundary and asked the Board if they knew how many were in the process. Com. Hutchinson stated they did not know that figure. Mr. Steve Tierney, Ft. Pierce addressed the Board and questioned the width of the right of ways and what would happen if additional right of way would be needed to construct a road and they would not be able to obtain or have the additional footage for the paving requirement. The County Engineer stated they could only impose the rule on the portion each developer controls. The County Attorney stated in the paving requirement section there is a provision for a waiver of the paving requirements in certain instances. In some instances as fair share contribution agreement is entered upon. 4. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Smith to approve the Consent Agenda with item C10 pulled and the additions of CA1-CA2 and CA3, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 51. 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. 2 B. Animal Impoundment Services- Agreement with the Humane Society of SLC, Inc.- The Board approved the proposed agreement with the Humane Society of St. Lucie County and authorized the Chairman to sign the agreement. C. Amended Interlocal Agreement- Fire/EMS Impact Fee- City of Port St. Lucie- The Board approved the amended Interlocal Agreement and authorized the Chairman to sign the Agreement. 3. PUBLIC WORKS A. Engineering Division- Professional Engineering Services- The Board approved Work Authorization No. 1 with PBS&J for Paradise Park Subdivision Stormwater Improvements Phase II in the amount of $208,411.45. B. First Amendment to Work Authorization No. 13- The Board approved the First Amendment to Work Authorization No. 13 with Dunkelberger Engineering & Testing extending the contract to December 31, 2005 and authorized the Chairman to sign the contract. C. Oxbow Eco Center-Work Authorization No. 4 with Kimley Horne- The Board approved Work Authorization No. 4 with Kimley Horne and Associates, Inc., in the amount of $7,820.00 to provide Roadway and Intersection Design at the Oxbow Eco Center and authorized the Chairman to sign. 4. PARKS AND RECREATION A. Purchase of an irrigation pump for Lawnwood Recreation AEA- The Board approved Budget Amendment BA05-191 to purchase a replacement irrigation pump(EQ05-375) for Lawnwood Stadium at a cost of $3,655.00. B. Tennis Professional Contract Agreement- The Board approved the agreement with Mr. Woody Newsom for programming of County tennis facilities as drafted by the County Attorney and authorized the Chair to sign the agreement. C. Permit Fee for generator installation at the Fairgrounds and Budget Amendment No. BA05-192- The Board approved Budget Amendment BA05-192 amending contract C05-06-297 to reflect the permit fee of $1,160.81. D. Purchase of a Chemical Storage shed at the County Fairgrounds Budget Amendment BA05-193 and Equipment Request EQ05-376- The Board approved the purchase of a chemical storage shed for the Fairgrounds at a cost of $11,469.00. 5. PUBLIC SAFETY A. The Board approved the request to approve the Software License and Service Agreement with HTE for the purchase of LG Address Manager software including training and annual support in the amount of $13,290.00. B. 9G-10 Grant-County Emergency Management Preparedness and Assistance Trust Fund Program Base Grand- The Board approved the Agreement No. 06BBG-04-10-66-01-110 and authorized the Chairman to sign. 3 C. The Board approved the request to accept Modification No. 1 to Agreement No. 05-DS-2N-10-66-01-411, State Homeland Security Grant, time extension. 6. HUMAN RESOURCES The Board approved two new position of Senior Accounting Clerk to the Code Compliance Department. 7. GROWTH MANAGEMENT A. The Board approved draft Resolution No. 05-152 granting a 12 month extension the Majestic Bay Subdivision Major Site Plan. B. The Board approved extending the EDSA contract for the Research and Education Park Master Plan from 06-15-05-to 11-30-05. 8. AIRPORT Award Bid No. 05-067- The Board approved awarding Bid No. 05-067 to Florida Industrial Electric, Inc., in the amount of $248,114.25 for the rehabilitation of airfield lighting on Runway 9/27 at the St. Lucie International Airport. 9. UTILITIES Change Order No. 1 with Ditchdiggers- The Board approved Change Order No. 1 with Ditchdiggers for construction services related to the Seminole Utility Extension project in the amount of $51,573.34. 10. MANAGEMENT AND BUDGET Interfund Loan from the General Fund to the Lennard Road MSBU’s in the MSBU Debt Service Fund- This item was pulled per the County Administrator. 11. PURCHASING Bid Waiver and Emergency Purchase of Water Pumps for Rock Road Jail- The Board approved the waiver of the bid process and Emergency Purchase of Water Pumps for Rock Road jail to Gulfstream Pumps & Equipment Inc., for $25,490. ADDITIONS CA-1 CENTRAL SERVICES The Board approved payment in the amount of $27,204.00 to Tropical Window Coverings for the purchase, delivery and installation of window coverings for Walton Road Annex. CA-2 ENVIRONMENTAL RESOURCES The Board approved the Contract with RTP Environmental Associates, Inc., to perform review of air quality documents pertaining to proposed pulverized coal burning power plant- Air Quality Consultant for Review of Documents as drafted by the County Attorney’s office. CA-3. ADMINISTRATION The Board ratified Com. Coward’s appointment of Mitchell L. Williford to the Code Enforcement Board. 4 REGULAR AGENDA 5.A GROWTH MANAGEMENT This was a Draft Ordinance 05-023- which proposes to amend the text of the St. Lucie Land Development Code and add language to Section 2.00.00 and Section 7.05.00to include definitions and language requiring bicycle and pedestrian facilities as well as updated right of way requirements- Consider staff recommendation to approve Draft Ordinance No. 05-023. Com. Coward commented on page 6 of the ordinance and flexibility being provided through the PUD process if the intent of the ordinance is upheld. He would like to incorporate some language. The County Attorney stated he concurred with the comment just made and suggested a sentence be added at the end which states these standards may be altered by the Board in the PUD process and he felt this would clarify the intent. The County Attorney suggested the following language be inserted, “If the intent of this ordinance is upheld, the Board may modify the standard writs as part of the planned unit development”. It was moved by Com. Coward, seconded by Com. Craft to approve Ordinance No. 05- 023 as amended, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY (1-2016) Ordinance No. 05-032- MSBU Financial Hardship Assistance Program- Consider staff recommendation to approve Ordinance No. 05-032. It was moved by Com. Smith, seconded by Com. Craft, to approve Ordinance No. 05- 032, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT (1-2169) Consider staff recommendation to approve Draft Resolution No. 05-153 approving the request for a Change in Zoning from RM-5 to PMUD and Final Planned Development Site Plan approval for the project to be known as FAU/HBOI Marine Science Partnership. Mr. Al Broder, Thomas Lucido & Associates addressed the Board on this item. Ms. Gerri McPherson, Executive V.P FAU thanked the Commission for their support of this project. Ms. Shirley Pomponi, Harbor Branch, thanked the Board for their support and invited them to the groundbreaking ceremonies. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05- 153, and; upon roll call, motion carried unanimously. 5 5.D GROWTH MANAGEMENT (1-2454) Development Agreement- Consider staff recommendation to proceed with the second public hearing which will be held on Tuesday, October 11, 2005 at 6:00 p.m. regarding the Rocking Horse Ranch. The Special Projects Director for St. Lucie County reviewed the project. He stated there were some improvements discussed pertaining to the interchange. The County Attorney stated in paragraph 2-F in the first sentence it speaks of a conceptual site plan today which is not being done, he believes this sentence needs to be th removed. If they are going to leave the October 11 date in, it needs to be with the understanding that today’s action does not approve the final site plan. The Special Projects Director stated they are anticipating preliminary PUD approval on th the 11 not Final PUD. The County Attorney stated they may need to revise the agreement to reflect this. The County Attorney suggested in paragraph F they delete the first sentence and the next paragraph they delete the word “final” and replace it with “preliminary” PUD site plan. Also on paragraph 5, page 5, the second line, delete “final” and replace with “preliminary PUD site plan”. Ms. Susie Caron, Indrio Road resident, addressed the Board in favor of this project. She thanked the Board for their attempt to make North County a pleasant area to live. Mr. Jay Maycumber, addressed the Board and stated he thanked Rocking Horse for taking care of their concurrency issues and thanked the Board for not piece mealing the entire Indrio Road corridor. The second public hearing will be heard October 11, 2005 . Com. Coward reiterated the two issues he would like to see taken care of in the plan. One issue is the fact this sizeable development has only one exit point dumping out on Johnson Road and this will cause a traffic problem. He would like a second exit. Also the Charrette also called for a greenway system and would like someway to incorporate the southern part of their boundary as the anchor so it can work its way south. Mr. Jeff Barquette, representing the developer stated he concurred with Com. Coward. In the revised plan there are easements to the west side and to the south side for future inter- connections for future developments that may come that way. No action necessary. 5.E GROWTH MANAGEMENT (1-3521) Consider staff recommendation to adopt Resolution No. 05-154 granting the petition of BJK for Final Planned Unit Development and Preliminary Plat approval for the project known as Creekside. The Planning Manager advised the Board the developer has requested removal of the commercial portion of the approval at this time. He is not deleting the commercial portion and is only looking to revisit what they will be doing in with it. The Planning Manager also advised the Board staff has added a condition making 9 th conditions in the resolution. The 9 conditions reads as follows: Condition # 9- Final Planned Unit Development approval shall not include the 30,000 square feet of commercial uses. Any commercial uses shall be required to obtain final planned unit development approval. 6 Com. Craft requested a traffic report and stated he could not vote on this issue until he reviewed the report. Ms. Noreen Dwyer, attorney for the petitioner, addressed the Board and stated they concurred with the conditions and also the added condition. Mr. Michael Houston, Houston, Cuozzo Group, addressed the Board on this issue and gave his presentation on the project. Mr. Bill Blazak, Culpepper and Terpening, addressed the Board on this project and provided details of the project environmentally, recreational, and financial impact. Mr. Dennis Murphy, Culpepper & Terpening, addressed the Board on the plan before them for approval. He commented on the issues regarding transportation. Mr. Murphy stated he was made aware this afternoon of some capacity concerns on Kings Highway and along Okeechobee Road. In discussing these matters with staff, he believes the issues were resolved. The problem seems to be one of the tables they were relying on used a bad number, a level of service number based upon prior level of service standards and not the present level of standards. Mr. Murphy stated parcel 6 was to be their mixture of commercial and community recreation area, total of 50,000 sq. ft. of none residential area. They wish to exclude tonight approval action on the 30,000 sq. ft. commercial. They do not wish to delete it, they are not prepared to go forward with it at this time. Com. Craft if there was more accurate data than 2003. Mr. Murphy stated he did not believe there was today. Com. Craft stated the problem he had was the traffic and if there is an issue with traffic and he can have more current data before he makes a decision even if he can’t use it to weigh a decision, he would like to know it before he gives an approval. The Road and Bridge Manager addressed the Board’s questions regarding traffic counts. He stated he had serious concerns earlier with two links, Okeechobee Road and Kings Highway. They met this afternoon and there were three things that occurred during the meeting that eased his concerns that allows him to say in his opinion, this project will meet roadway concurrency. One being the applicant is proposing to eliminate the commercial, two when the original traffic study was submitted it was submitted for 840 units, at this time that number has been reduced to 800 units. Third, several years ago the SLC changed their roadway levels of service for state roads it is now D and for non-state roadways it is E. Com. Craft questioned the level of service of the two links. The Road and Bridge Manager stated this segment of Kings Highway is at a level of service C. It would have to get to 16,400 to be considered failing. Okeechobee Road would still have 1,000 trips available with the commercial area not being included. Com. Coward stated he does not wish to have the commercial taken out and would prefer to phase in both commercial and residential. He also would like to revisit the road contributions and felt the county needs additional dollars from the developers to assist in road development. Com. Hutchinson stated she agrees with the concurrency and also need to be clear on the concurrency. She is yet to get clarification as to where and what time frame they are requiring concurrency. She needs to understand where the county has the right to require concurrency on a state road out of our control to place on a priority list. 7 Com. Lewis stated she shared Com. Hutchinson’s concerns with concurrency. However, they have watched the development of this plan and what they consider a good development. She sees how the commercial area would generate additional traffic and she would be willing to hold off on it and felt this was a reasonable request with all that has come up at the last minute. Com. Hutchinson stated she concurred with Com. Coward she would prefer to leave the commercial in at this time and felt it would generate less traffic. Com. Coward stated he felt this issue needed to be reviewed further and look specifically at the phasing in issue and the potential contributions from the developer to assist the county in the roadways at fair share standpoint. He is looking at a possible two week delay. Mr. Bill Blazak addressed the Board regarding the project contributions that he felt totaled somewhere in the vicinity of 7 million dollars. Com. Coward stated he would like some additional time to evaluate alternatives other than gutting the land use plan. His strong preference is to phase this in and also to look at a contribution from the developer for the roads they will be impacting in addition to the county’s impact on those roads. Ms. Susie Caron, Indrio Road resident addressed the Board and reminded them of the Emerson Estates project and the problems the county was faced with after the fact. Com. Hutchinson asked for a consensus from the Board on continuing this item in two weeks. Ms. Noreen Dwyer, attorney for the developer addressed the Board and stated they would request the issues be continued at the October 4, 2005 Board meeting and they will provide staff with all the necessary information showing they have abided by the law. Com. Hutchinson requested two other points be considered for discussion at the October th 4 meeting, one being the location of the old historical house and asked staff to bring back ideas. Com. Lewis requested more information before the County accepts the building. Com. Hutchinson also requested staff to bring back an answer to her question to find out if the county is consistent with the state in regards to concurrency in the time frames the new growth management law allows. She would like to have this clarified. It was moved by Com. Coward, seconded by Com. Craft to continue this hearing on October 4, 2005 at 9:00 a.m. or as soon thereafter as possible, and; upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (3-267) Resolution No. 05-347- MSBU Financial Hardship Assistance Program- Consider staff recommendation to approve Resolution No. 05-347. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05- 347, and; upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY(3-277) Resolution No. 05-347- Consider staff recommendation to adopt Resolution No. 05-347 as drafted authorizing borrowing of not exceeding $43,000,000.00 for Capital Projects. 8 It was moved by Com. Craft, seconded by Com. Coward to approve Resolution No. 05- 347, 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 9