HomeMy WebLinkAboutBOCC Minutes 04-04-2006
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: April 4, 2006 Convened: 6:00 p.m.
Tape: 1-2 Adjourned: 8: 40 p.m.
Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie
Hutchinson, Joseph Smith
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County
Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Beth
Ryder, Community Services Director, Ed Parker, Purchasing Director, Millie Delgado-
Feliciano, Deputy Clerk
________________________________________________________________________
1. MINUTES (1024)
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the minutes of
the meeting held March 28, 2006, and; upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATIONS
A. A presentation to the Board was made by Tony Mijares and Silvio
Cardoso of United Homes. Mr. Mijares presented with County with a
check in the amount of $250,000.
B. Resolution No. 06-110 –Proclaiming the month of April 2006 “Water
Conservation Month” in St. Lucie County, Florida.
It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 06-
110, and; upon roll call, motion carried unanimously.
C. The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS
Mr. John Arena, Ft. Pierce resident, addressed the Board on the Water Conservation and
utilizing zeroscape for landscaping. He also commented on the biofluids industry.
4. CONSENT AGENDA (1-480)
It was moved by Com. Smith, seconded by Com. Craft, to approve the Consent Agenda
with item C2-G pulled and added to the regular agenda for discussion, and; upon roll call,
motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 26.
2. COUNTY ATTORNEY
A. Resolution No. 06-112 extending the State of Emergency for
Hurricane Wilma- The Board approved Resolution No. 06-112.
B. Ordinance No. 06-014 Establishing the Celebration Pointe Community
Development District- The Board approved Ordinance No. 06-014.
C. Changes to Art in Public Places Guidelines- The Board approved the
Changes to the Arts in Public Places Guidelines.
1
D. Partial Release of Lien for St. Lucie County Code Enforcement Board
Order Imposing Fine/Lien in Case No. 92- 1196 dated August 4, 1999
and Agreement- The Board approved the Partial Release of Lien and
authorized the Chairman to sign the attached Partial Release of Lien.
th
E. South 26 St. area Community Development Block Grant Project-
Interlocal Agreement with the City of Ft. Pierce and Fort Pierce
Utilities Authority- The Board approved the proposed Interlocal
Agreement with the City of Ft. Pierce and the FPUA and authorized
the Chairman to sign the Agreement.
F. Request Permission to Advertise- Public Hearing- Petition to
Abandon a portion of a 50 ft. right of way known as Boyington Road-
The Board authorized staff to advertise a public hearing to be held on
May 2, 2006 at 6:00 p.m. or as soon thereafter as possible.
3. PUBLIC WORKS
A. Road and Bridge Division- Final acceptance, approval of Final
Change order # 2 release of retainage and make final payment of $95,
615.40 for the annual 2004-05 Resurfacing Contract with Ranger
Construction Industries, Inc.- The Board approve final acceptance,
and final Change Order # 2 which will decrease the contract amount
by $112,707.50 to a final contract amount of $956,154.04 authorized
the Chairman to sign the Change Order, release of retainage, and make
final payment of $95,615.42 for the 2004-05 Annual Resurfacing
Contract with Range Construction Industries, Inc.
B. Engineering Division- Entrada Avenue and Rio Mar Drive Landscape
Project,- Professional Engineering Services for Roadway and
Intersection Design Amendment 1 to Work Authorization No. (C00-
10-112) with Kimley Horn and Assoc., in the amount of $4,500.00 –
The Board approved Amendment No. 1 to Work Authorization No. 6
(C00-12-112) Kimley Horn and Assoc., in the amount of $4,500 to
provide services during construction.
C. Engineering Division- Work Authorization No. 25 to the contract with
Hazen & Sawyer for Professional Engineering Services Stormwater
Management for Indian River Drive Estates Phase 1 design update.-
The Board approved Work Authorization No. 25 to the contract with
Hazen and Sawyer in the amount of $87,810 and authorized the
Chairman to sign.
D. Change Order No. 3 for the Weatherbee Road & US 1 intersection
improvements project for the time only- This project has been
completed- The Board approved and authorized the Chair to sign
Change Order No. 3 for the Weatherbee Road & US 1 intersection
improvements project for time only.
E. Engineering Division- Award of RFP # 06-025- Professional
Engineering Services for Stormwater Management- The Board
approved the shortlist, granted permission to negotiate with the seven
firms, and authorized the Chairman to sign contracts as prepared by
the County Attorney.
F. Engineering Division- Request permission to advertise for proposals
from qualified engineers and professionals to provide Assessment
Preparation and Maintenance Services under continuing contract with
St. Lucie County- The Board approved advertising for proposals from
qualified firms to provide Assessment Preparation and Maintenance
2
Services under the limitations of the St. Lucie County Purchasing
Manual and the Florida State Statutes.
4. LIBRARY
St. Lucie West Library- Contracted Services- The Board approved the expenditure of
$164,003 for Contractual Services at St. Lucie West Library. The Board also authorized
the County Administrator signing the purchasing requisition for payment of services to
Indian River Community College and Indian River Community College Foundation.
5. PURCHASING
A. Award of Invitation for Bids # 15,16,17,18 and 19 CDBG Housing
Rehabilitation- Community Services Department- The Board
approved awarding the following Bids to the lower bidder in each bid,
Angus Enterprises, Inc. Bid # 15 in the amount of $41,250.00 Bid #16
in the amount of $30,550.00, Bid # 17 in the amount of $54,020.00
Bid # 18 in the amount of $102,000.00 and Bid # 19 in the amount of
$138,500.00, the Board also approved the Chairman signing the
contracts as prepared by the County Attorney.
B. Permission to reject bid received for IFB 06-032- Purchase of Asphalt-
The Board approved rejecting the bid received for Bid # 06-032 –
Purchase Asphalt, it does not meet the requirement of the Road and
Bridge Division. The Board also approved to re-advertise the
Invitation for Bid for purchase of Asphalt.
C. Permission to advertise for RFP for a three year lease of golf carts and
Carry All Gasoline driving range vehicles for Fairwinds Golf Course-
The Board approved advertising for RFP.
D. Fixed Asset Inventory- Property Record Removal and permission to
advertise Invitation for Bid to sell the attached list of equipment- The
Board authorized staff to remove the records from the fixed asset
inventory and authorized permission to advertise for bids.
6. GROWTH MANAGEMENT
Request of Barbara Swegles for final plat approval and agreement to pay fair share
contribution for improvements to Favorite Road for the project to be known as 4311
Favorite Road subdivision.- The Board approved the agreement to pay the fair share
contribution for improvements to Favorite Road and the final plat of 4311 Favorite Road
and authorized its final execution.
7. CENTRAL SERVICES
ADA Compliant Assessment of all Supervisor of Elections Polling locations for St. Lucie
County and approval to waive the bid process and proceed with request for quotes to
accomplish modifications needed at each polling place in a timely manner- The Board
approved the request to waive the bid process and proceed with accepting quotes to
accomplish the modifications needed at the approximately 60 Supervisor of Elections
polling locations for St. Lucie County.
8. INVESTMENT FOR THE FUTURE
Approval to reallocate IFF funding and use a portion of these funds for the renovation of
the County Administrators Conference Room located in the Roger Poitras Building- The
Board approved the reallocation of IFF funds in the combined amount of $80,000.00
authorizing staff to proceed with projects in need of funding; this includes the renovation
of the Administrators Conference room .
3
REGULAR AGENDA
5.A GROWTH MANAGEMENT (1-541)
Consider the request of Maine Real Estate Holdings, LLC for a Conditional Use Permit
and Major Site Plan to operate a concrete manufacturing facility to be known as Midway
Industrial Park- Draft Resolution No. 06-047-
Staff addressed the Board on this item and reviewed the conditions set forth in the
Resolution:
1. Consistent with Conditions 4 and 5 of Midway Industrial Park Phase III
Resolution No. 01-138 and since this project will be the first, if approved,
to apply for building permit the developer shall post a letter of credit or
other form of security acceptable to the St. Lucie County Attorney, in the
amount of $87,500 of the cost to provide for the signalization of the
intersection of South Jenkins Road and West Midway Road prior to
issuing a building permit. Also, no building permit for any portion of the
Midway Industrial Park, Phase III may be issued until contracts have been
let for the construction of dedicated left turn lanes (north, south, east and
west) at the intersection of West Midway Road and Selvitz Road. No
Certificate of Occupancy shall be issued for any portion of the Midway
Road Industrial Park until the construction of these turn lanes have been
completed.
2. No permits including vegetation removal permit shall be granted prior to
applicant providing “Tree Mitigation Exhibit” satisfying the
Environmental Resources Department.
3. No building permit shall be issued until the Environmental Resources
Department has received and approved a landscape plan.
Mr. Joe Capo, representing Maine Real Estate Holdings addressed the Board and stated
essentially they concur with staff comments. He stated regarding the turning lanes on
Selvitz, they would like to make sure, since the County has a project on-going, that the
same developer is going to commit/finance of that. He asked why his applicant would
need to come back.
The County Attorney suggested on the last issue of turning lanes on Selvitz Road, they
could add a sentence to the condition that if the Resolution was amended by the Board
then this portion of the project would be allowed to utilize that and this would avoid him
having to come back a second time to try to amend it. It would still give the Board the
ability to have some control whether it occurs or not, but is does prevent the second
hearing and advertising. This sentence would be in paragraph one, condition number 5 in
Resolution 01-138. He can get with staff and add a sentence in condition number 1
indicating that if the Board agrees to amend the condition in Resolution No. 01-138, they
to allow a bonding of the improvements in lieu of construction this developer would be
able to obtain building permits upon posting of the Bond.
It was moved by Com. Lewis, seconded by Com. Hutchinson to approve incorporating
the suggestion language by the County Attorney, and; upon roll call, motion carried
unanimously.
5.B COUNTY ATTORNEY (2-069)
Consider Draft Ordinance No. 06-005 Amending the St. Lucie County Land
Development Code by Amending Section 7.01.02 to include Single Family Detached
Dwelling in Residential Planned Unit Development- No specific action required by the
Board. The seconded public hearing will be on April 18, 2006.
4
Mr. Bob Marfait, Spanish Lakes Fairways, addressed the Board and expressed his
concern with the possible change in zoning .
Mr. Marfait stated they have registered a complaint regarding the landowner not
notifying the residents of the application for a change in zoning.
Staff was directed to research this issue and return to the Board with their findings at the
second public hearing.
This item was reviewed by the Assistant County Attorney.
5.D COUNTY ATTORNEY (2-360)
Ordinance No. 06-011 Deleting property described in Exhibit 1 from Ordinance No.
2005-016 (Stop Gap Ordinance) – Consider staff recommendation to adopt Ordinance
No. 06-011 and authorize the Chairman to sign the Ordinance.
The County Attorney advised the Board the Regional Planning Council has not seen the
plan. The plan was received today.
Mr. Dennis Korek, representing Shelby Homes addressed the Board and gave an
overview and background of the project.
Mr. Dennis Murphy, Culpepper and Terpening, addressed the project, drainage and flow
way issues with the project. He believes they are as close as they can get to a flow way.
Mr. Murphy reviewed the plan and location of the units.
Com. Craft commented on the Eagle’s nest which has moved further north and its affects
on the development.
Mr. Murphy stated he was made aware of the Eagle’s nest but is not sure where it is
presently located.
Com. Craft stated this nest will change the conceptual plan and what they can do with the
property.
Mr. Murphy stated it would depend on where the nest was located and where the impact
zones are and he does not have the information on the measurements.
Mr. Murphy continued his presentation and stated he believed the project deserves
consideration for the exemption considering where the project is located.
Com. Smith asked if he felt the project would meet the RPC ‘s muster.
Mr. Murphy stated if looked at in a very broad view and without getting down to
footprints and window treatment level detail, he believes yes, he thinks they would pass
the test as outlined within the TVC plan for a village type development.
Com. Coward commented on the rewards the developers would receive according to the
TVC plan and stated a previous developer has been working diligently with the Board on
multiple revisions and site plans and concept plans and are much further along and this is
a key issue. He stated, “this developer did not hand in the first conceptual site plan the
Board has seen on the day of the meeting with any input of the RPC”. This is one of the
reasons why he is uncomfortable and is concerned with not having input from RPC and
he does not like the plan in front of him today. He did not agree with Mr. Murphy’s
professional opinion that this project is consistent with the TVC element.
Com. Hutchinson commented on what she felt were the constraints existing on this
project and felt moving forward in a PUD manner may be the better way to go because of
the environmental issues.
5
Com. Craft stated before he would consider any type of waiver or exemption he would
need to see where the Eagle’s nest would be and how the project would affect it.
The applicant’s attorney stated they do feel this project is unique. It is in a corner of the
TVC and is surrounded by existing and proposed industrial uses to the west, industrial
zoning to the north, and it does have some constraints to the north and south, has a power
line running through the middle which makes for an odd layout.
Com. Lewis stated she was concerned about industrial development to the west, the
constraints by the canals and the fact this was the first time she had heard about the
Eagle. She is concerned about continually extending the Stop Gap.
Com. Coward stated it is an improved plan but not what the TVC has asked for.
Com. Craft stated once they find out what is going on with the Eagle, he would be more
inclined to have different things happen with the property as to what the TVC is specific
to. If they find out where the Eagle is and how it will impact the developable area of the
project site, bring it in, they will review it and he would be more than happy if it makes a
significant change on what they can do with the property to grant a waiver.
It was moved by Com. Craft, seconded by Com. Coward (gavel passed by Chairman to
Vice Chairman), to deny the request, and; upon roll call, the vote was as follows: Nay:
Hutchinson, Smith, Lewis, Aye’s: Coward, Craft, motion denied by a vote of 3 to 2.
It was moved by Com. Hutchinson, seconded by Com. Lewis, to accept staff
recommendation to delete this particular property out of the Stop Gap, this does not give
them any entitlements, does not give them anything other than to bring back something
they can work with as close to the TVC as it allows, and, upon roll call, the vote was as
follows: Aye’s: Hutchinson, Lewis, Nay’s: Smith, Coward, Craft, motion denied by a
vote of 3 to 2.
Com. Smith suggested a continuance and after the RPC reviews and comments are made,
a decision can be made with the inclusion of their comments into the record by the Board.
The applicant’s representative stated they would be more than happy to present it to the
RPC for consideration.
The County Attorney advised the Board a continuance would require re-advertising under
the new Stop Gap Ordinance.
After continued discussion,
It was moved by Com. Smith, seconded by Com. Craft, to deny Ordinance No. 06-011
and Ordinance No. 2005-016 and encourage applicant to speak with the Regional
Planning Council to further develop their project for further review by the County at
some future point, and; upon roll call, the vote was as follows: Nay: Lewis, Hutchinson;
Aye’s: Craft, Smith, Coward motion carried by a vote of 3 to 2.
5.C COUNTY ATTORNEY (2-2410)
Ordinance No. 06-012- Stop Gap Ordinance- Consider staff recommendation to adopt
Ordinance No. 06-012 and authorize the Chairman to sign the Ordinance.
It was moved by Com. Craft, seconded by Com. Smith to adopt Ordinance No. 06-012,
and; upon roll call, the vote was as follows: Nay: Hutchinson, Aye’s; Lewis, Smith,
Craft, Coward, motion carried by a vote of 4 to 1.
6
6. COUNTY ATTORNEY (2-2553)
Road Contribution and Construction Agreements- Eagle Bend and Victoria Oaks-
Consider staff recommendation to approve the Road Contribution and Construction
Agreements and authorize the Chairman to sign the Agreements.
The County Attorney stated there was more work to be done on the agreements and
would like conceptual approval or conceptual denial of the agreements. There are
various issues needed to be discussed.
The Asst. County Administrator stated the direction was there were 5 or 6 major property
owners in the Jenkins Road study area and the representatives of those land owners
indicated there was a willingness on their part to work together or put together or master
plan that area. The direction from the Board was to have those land owners come
together, Master Plan that area in cooperation with the Growth Management Staff as
well as residents from that are and the City of Ft. Pierce and she believes they are in the
process of doing this.
The Growth Management Director advised the Board of the meeting they had and alluded
th
to the upcoming meeting on April 10 where the two staff’s could provide information to
the Board on important issues. Staff would also like to move forward with another
meeting with the residents.
Ms. Cynthia Angelos, representing the applicant, alluded to confusion with staff as to
whether or not they are processing applications in this area even those that are consistent
with this area and land use designations. She had been told by staff that they will not be
reviewing anything until the area plan is completed.
th
Ms. Angelos asked for Conceptual Approval and would like to bring this back on May 9
for final approval to keep the momentum going so they could meet with staff and work
out the details of the exact location of Jenkins and they know where the Eagle is and this
would give them 30 days to work out the details with staff.
The Public Works Director stated this was the first time he had seen the map. He
commented on Jenkins Road proposed extension to the South and Northward to Keen
Road.
Mr. Greg Boggs, Thomas Lucido & Associates addressed the Board’s questions and
pointed out how the Eagle’s location eliminates the Keen Road bridge connection to
Jenkins.
The Public Work Director stated the Bridge at Taylor Dairy Road is the main concern
with the alignment and it is an expensive investment of one half of a million dollars.
Com. Hutchinson stated there were two developers at this time willing to pay for the
bridges.
Com. Coward asked what portion of the roadway the developer would be paying for.
Ms. Angelos stated her two clients are willing to pay for the entire strip of a four lane
roadway and they need to work out the details with staff.
Com. Coward stated he was comfortable giving a conceptual approval with the Jenkins
Road request, but is not comfortable with the second roadway because he felt it matters
when it comes to the Land Use Plan.
The County Attorney advised the Board the recommendation is to conceptually approve
the overall concept, the plan of action as opposed to the specific alignments.
It was moved by Com. Hutchinson, seconded by Com. Craft, to approve staff
recommendation as discussed tonight, and; upon roll call, motion carried unanimously.
7
C2-G COUNTY ATTORNEY (3-287)
Little Mud Creek/Blind Creek Restoration Project- Work Authorization No. 24 with
Hazen & Sawyer, Inc., - Consider staff recommendation to approve the proposed Work
Authorization No. 24 with Hazen & Sawyer and authorize the Chairman to sign the Tenth
Amendment as revised.
Mr. Charles Grande, Hutchinson Island resident, addressed the Board and commended
the Mosquito Control Director on his work with the restoration of Little Mud Creek and
Blind Creek. He stated the plantings needed a healthy root system to survive and asked
the Board to make every effort to obtain the necessary vegetation before Hurricane
Season begins.
It was moved by Com. Craft, seconded by Com. Hutchinson to approve staff
recommendation, and; upon roll call, motion carried unanimously.
Com. Smith requested the Board consider appointing an alternate for the County
Coalition.
Com. Craft stated he would be happy to serve as an alternate.
It was the consensus of the Board to appoint Com. Craft as the alternate.
There being no further business to be brought before the Board, the meeting was
adjourned.
___________________________
Chairman
_________________________
Clerk of the Circuit Court
8