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HomeMy WebLinkAboutBOCC Minutes 06-17-2008 BOARD OF COUNTY COMMISIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 17, 2008 Convened: 6:00 p.m. Adjourned: 9:15 p.m. Commissioners Present: Joe Smith, Chairman; Doug Coward, Chris Craft, Charles Grande, Paula Lewis Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk I.INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 10, 2008 meeting. It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes from the meeting held June 10, 2008; and upon roll call motion carried unanimously IV. PROCLAMATIONS/PRESENTATIONS Resolution No. 08-200 – Proclaiming June 27, 2008, as “HIV Testing Day” in St. Lucie County, Florida It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 08-200 as drafted; and upon roll call motion carried unanimously. V.GENERAL PUBLIC COMMENT Mr. Terry Cooper, area resident, addressed the Board and advised them he was not attempting to change the zoning of the property he formally owned. He was attempting to inform the public of how the county system worked. He stated he had agreed to a compromise for a 30 foot landscape which never happened. He believed the rules imposed at the time of the hearing were never followed. Mr. John Arena, area resident addressed various TV commercials. Ms. Sandy Nickerson, owner of property ordered to be demolished by the Board on June 20, 2008, addressed the Board and requested she be given more time to fix the structure. She is in the process of scheduling mediation with the insurance company and has hired contractors to fix the structure. The Asst. County Administrator advised the Board she had received an update from the county’s building official and the property had been boarded and secured. She also stated they could not move th forward with the demolition on the 20 due to the fact they were waiting for the asbestos report. It was moved by Com. Craft, seconded by Com. Grande to direct staff to re-agenda this item for the July 1, 2008 meeting, and; upon roll call, motion carried unanimously. Ms. Lisa Bell and Ms. T.A. Weiner addressed the Board regarding “Santa Lucia Day” in St. Lucie County, Florida. Ms. Weiner thanked the Board for their support of the mini grant funded by license plates for the arts and also for their support in the Cultural Affairs of the County. Mr. Jack Connelly Tuscan Street, Ft. Pierce, addressed the Board and thanked them for their support of the Cultural Affairs program in St. Lucie County and asked the public to advise the Board of their support to continue this program. 1 Ms. Jacqueline Burke, area resident, addressed the Board regarding the importance of the mini grant and the impact it has on the various cultural programs in the county. Ms. Arlene Goodman, area resident, addressed the Board regarding an item on the consent agenda requesting permission for an RFP for a Tennis Pro. She asked if this person was to be paid with taxpayers dollars and stated since the county was eliminating various programs and positions, this may be a position the Board should consider eliminating. The County Administrator advised Ms. Goodman the Tennis Pro would be a fee based paid position; however he would research to see if any taxpayer’s dollars were utilized. He stated if it was going to cost any taxpayer money, they would take a very hard look at it. Com. Grande stated as part of cost cutting there would no longer be such a position salaried with benefits. What they are looking for is someone who would be willing to give the lessons as needed and their compensation would come from the fees charged for lessons. Chairman Smith stated in the back up material for this item it stated the tennis professional would be compensated through the revenues produced by his services, while St. Lucie County would receive a percentage of gross revenues from Pro Shop sales, court rentals, lessons and other programs. VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande to approve the Consent Agenda with the addition of item L and the correction of the warrant list number, and; upon roll call, motion carried unanimously. A.WARRANTS The Board approved warrant list No. 37 B.COUNTY ATTORNEY Chiller Plant – Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority – The Board approved staff recommendation to approve the Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority for the Chiller Plant, and authorized the Chairman to sign the agreement. C.PARKS REFFERENDUM Approval of FDOT Local Agency Program (LAP) Agreement for Emerson Avenue Sidewalk along Lakewood Park Regional Park and Budget Resolution No. 08-202 – The Board approved staff recommendation to approve the attached Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for up to $192,200 for construction of a sidewalk along Emerson Avenue at Lakewood Park Regional Park and authorized the Chairman to sign. The Board also approved staff recommendation that the Board of County Commissioners approve Budget Resolution No. 08-202. D.ECONOMIC DEVELOPMENT Approval to issue a Letter of Intent between St. Lucie County and Lighthouse Industries covering a JGIG and an Ad Valorem Tax Abatement – The Board approved staff recommendation to approve the Letter of intent and approval to draft the agreement for the JGIG. The board also agrees to hold a public hearing to consider the Ad Valorem Tax Abatement at the appropriate time. PURCHASING E. 1.Board approval to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County – The Board approved staff recommendation to approve to advertise a Request for Proposal to hire a tennis professional to manage a tennis program for St. Lucie County. 2 2.Board approval of the assignment of contracts C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC. – The Board approved staff recommendation to approve the assignment of contract C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC and authorized the Chairman to sign the assignments as prepared by the County Attorney’s office. 3.Board approval of fourth amendment to contract C05-08-485 with Genset Services, Inc. – the Board approved staff recommendation to approve the fourth amendment to contract C05-08- 485 with Genset Services, Inc. and authorized the Chairman to sign the amendment as prepared by the County Attorney’s office. F.SHERIFF’S OFFICE Permission to apply for the 2008 Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, and Bureau of Justice Assistance – The Board approved staff recommendation to authorize the submission of the 2008 JAG application in the amount of $35,034. GADMINISTRATION . Budget Amendment #08-026, requesting the Board to approve the transfer of $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services Account (001-1325-531000-100) to finish paying invoices until the end of FY 07/08 – The Board approved staff recommendation to approve Budget Amendment #08-026 and requested that the Board approve transferring $10,000 from Contingency *001-9910-599100-800) to the Value Adjustment Board Professional Services (001-1325-531000-100) to finish paying invoices until the end of FY 07/08. H. COMMUNTY SERVICES 1.Adopt Resolution No. 08-198 approving the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department – The Board approved staff recommendation to approve the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department. 2.Approve and authorize the Chair to sign Resolution No. 08-199 for the Florida Department th of Transportation Joint Participation Agreement for the Ave D and 8 Street Park &Ride – The Board approved staff recommendation to approve and authorize the Chair to sign Resolution 08-199 for the Florida Department of Transportation Joint Participation Agreement. 3.Approve and authorize the Chair to sign First Amendments to Sub Grant Agreement #1 and #2 to contract #C04-12-566 with the Council on Aging of St. Lucie, Inc., - The Board approved staff recommendation to approve the First Amendment to the April 26, 2005, Sub Grant Agreement #1 and the June 14, 2005 Sub Grant Agreement #2 (FDOT JPA FM: #416101-1-84-01) with the Council on Aging of St. Lucie, Inc. (St. Lucie County Contract #C04-12-566). CENTRAL SERVICES I. 1. Change Order No. 26 to #C05-12-636, David Brooks Enterprises, Inc. Project: Phase I of the Old Clerk of Court Building remodeling project – The Board approved Change Order No. 26 to #C05-12-636, David Brooks Enterprises. Change Order No. 26 will increase the contract by $160,407; the new contract sum will be $18,219,317, and increase contract time thirty-one (31) days for Phase I Old Clerk of Court Building remodeling project, changing the date of substantial completion to December 14, 2008. The Board approved further recommendation authorizing the Chair to sign the Change Order as prepared by the County Attorney. 2.Change Order No. 27 to #C05-12-636, David Brooks Enterprises, Inc. – Project: Construction of the downtown Chiller Plant and addition of the Sally Port Extension – The Board approved staff recommendation to approve Change Order No. 27 to #C05-12-636, David Brooks Enterprises. 3 Change Order No. 27 will: 1) Incorporate the Sally Port Extension, at a cost of $71,515, into the scope of work for #C05-12-636. The $71,515 will be funded from the sale of the Sheriff’s Office helicopter. 2) Incorporate additional changes for the Chiller Plant. 3) Increase the contract by $63,025; the new contract sum will be $18,282,342. 4) Increase contract time forty-five (45) days for Chiller Plant and Sally Port Extension; changing the date of substantial completion to September 10, 2008. The Board approved the authorization for the Chair to sign the Change Order as prepared by the County Attorney. PARKS AND RECREATION J. Approval of small mobile stage for the Havert L. Fenn Center, approval of Equipment Request No. 08-325 – The Board approved staff recommendation to approve equipment Request No. 08- 325 for the purchase of a mobile stage for the Havert L. Fenn Center in the amount of $2,595. TRANSPORTATION PLANNING ORGANIZATION K. Request permission to purchase a laptop computer (EQ 08-323) for recording of TPO board and committee meetings and to stay in compliance with TPA by-laws and Florida Statutes – the Board approved staff recommendation to approve the purchase of a laptop computer, approve EQ-08-323 and Budget amendment BA-027. L. AIRPORT Acceptance of Grant offer- The Board approved accepting the Grant Offer from the FAA Project Number 3-12-0023-029-2008 in the amount of $5,258,780 for 95% of the cost for Runway 9L/27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing projects at the St. Lucie County International Airport; and approved Budget Resolution No. 08-208 and authorized the Chairman or designee to execute same. END OF CONSENT AGENDA VII.PUBLIC HEARINGS COUNTY ATTORNEY A. Ordinance No. 08-008 – Amending Section 7.10.23 of the Land Development Code – Revise Guidelines for the Sitting of Wireless Telecommunications Towers and Antennas – The Assistant County Attorney addressed changes made to the Ordinance. She advised the Board she had received input from the South Florida Water Management District and the contractors. Page 34 section 6 regarding the height, adding to the beginning of the sentence now to read, “Unless otherwise granted a variance, telecommunication towers shall be constructed in heights as provided below”; on page 35 section 6-C change the paragraph to read: “For three or more users, towers in excess of 150 feet but not taller than 250 feet provided such towers are constructed as monopoles as defined herein”. Ms. Ilea Feld, Telecommunications Specialist, Leibowitz & Associates addressed the Board and advised them of the statute regarding limiting government’s involvement in placement of towers. She recommended this ordinance which complies with the statute and set’s forth standards to help protect health and safety and aesthetics of the community. She believes the requirements in this ordinance comply with the statute. Com. Craft stated his opposition to the State mandating local governments how they must operate not taking into consideration local government’s responsibility to the local residents and the community. 4 It was moved by Com. Grande, seconded by Com. Coward to approve Ordinance No. 08-008 Amending Section 7.10.23 of the Land Development Code and Revise the Guidelines for Siting of Wireless Telecommunications Towers and Antennas; and upon roll call, the vote was as follows: Nay: Craft; Aye’s: Lewis, Coward, Grande, Smith, motion carried by a vote of 4 to 1. GROWTH MANAGEMENT B. Petition of New Horizons of the Treasury Coast for a Major Adjustment to an Approved Conditional Use Permit to: ? Expand Mental Health Facilities (medical and other health services) and Social Services in the I (Institutional) Zoning District; ? Allow for the proposed children’s residential care program call “Children’s Crisis Facility”; and ? Consolidate previous New Horizons Conditional Use Permit approvals (File No.: CUMJ120081380. Mr. Dennis Murphy, Culpepper and Terpening, addressed the Board and stated he concurred with staff’s recommendations. Mr. and Mrs. Gary Cooper, addressed the Board with their concerns with the safety of their family members. They advised the Board of numerous occasions when patients from the facility were found on their property, knocking on their door at 5 a.m., helicopters flying around looking for those who jump the fence etc. Com. Grande commented on the fact a wall may need to be placed between the facility and the residents and he believes this would be required and would be looking at during the site plan review process. Staff stated they were not ready to address site plan issues today, however, she concurred with the fact a barrier would be required. Com. Lewis stated she would like the applicant, resident and staff to discuss and decide what type of barrier can be placed. Com. Coward expressed his concern with coming back and the applicant stating they meet the minimum code and for this reason he believes it should be added to the conditional use today. Com. Craft stated they may be premature in adopting the conditional use today and should consider both at the same time when the site plan approval is before the Board. Mr. Dennis Murphy stated there were timing issues with the funding. He stated they intend to be good neighbors and comply with what is requested. If they were to combine the two he would like a date certain. He believes they can proceed forward tonight with the condition placed. Com. Craft stated he felt they should continue this public hearing and ask staff to attempt to get this application processed as soon as possible so that they do not lose any funding possibilities. Mr. Murphy stated the site plan does not require a public hearing, however the conditional use did. Com. Coward stated both approvals are needed and believed they should be heard concurrently, the conditional use and the site plan. Mr. Murphy stated if they could get a time certain review this would not slow them down. Com. Grande stated he would like to see a condition added as part of the conditional use approval whenever that is heard. He is concerned someone may come back and state they have met the requirement of the code. He believes adding this condition at this stage would be appropriate. Staff stated they could add this as a condition of approval tonight and would also place it on the major site plan itself. Code requires it would be at least 8 feet in height. Com. Grande commented on the term a landscape buffer and asked if it included the 8ft wall. Staff stated it could include a masonry wall. 5 Mr. Murphy requested the term “wall” be used being able to use other simple material rather than masonry. They would like that flexibility. Com. Grande stated he did not have a problem since the neighbors would have to agree to the wall and he would not approve anything that the neighbors did not agree to. Com. Lewis stated she was reluctant to just put in this condition not knowing what they will get and would prefer a date certain. Mr. Romano, applicant addressed the Board and stated he had not heard any of these problems occurring, not to say it did not happen, however it did not work it’s way up to him. He would like to have the time to meet and work with the neighbors on this project. He expressed his concerns with the situation and stated they wished to be good neighbors. It was moved by Com. Coward, seconded by Com. Craft to continue this item on August 5, 2008 at 6:00 p.m. or as soon thereafter as it may be heard to hear the conditional use and major site plan concurrently, and; upon roll call, motion carried unanimously. GROWTH MANAGEMENT Petition of Grande Beach North Hutchinson Island, LLC, for Final Planned Mixed use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development – Grande Beach) Zoning District for a project to be known as Grande Beach PMUD (File No. PMUD 1220071379) Staff advised the Board they would like to add an additional condition # 14 to read: Prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Paragraph D, the property owner, Grande Beach North Hutchinson Island, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District. Com. Coward alluded to an e-mail he received from a Mr. Medina regarding a letter from the South Florida Water Management District concerning permitting. The Planning Manager advised the Board she believed the issue was concerning the legal aspect of the canal east behind the project and this is why they added the additional condition which would stop them from moving forward without the required permits in place. Com. Coward stated there seems to be legitimate concerns expressed by the South Florida Water Management District and alluded to the letters dated April 17, 2008 and March 20, 2008 from the South Florida Water Management District to Mr. Stefan Matthis, Culpepper and Terpening. Mr. Stephen Matthis addressed the letter and the concerns. He stated they do not have a problem with the conditions and they were told permitting would not be a problem by the South Florida Water Management District and fully anticipate addressing all the issues in the permit. Mr. Lee Dobbins, Attorney for the applicant was present to answer any questions the Board may have. Mr. Michael Houston, Houston Cuozzo Group, addressed the Board regarding the landscape design and the buffer for the project. Mr. Bill Medina, 3423 South Lakeview Circle/Sands Community resident, addressed the Board and referenced the issue as far back as 2005 and the piece of land they had requested permission from the county to use and lease. He stated he had brought this issue to the Board several times and the County Administrator had taken the step to have a private opinion from the outside to review the issue. He stated the only way to resolve this issue was for it to be taken before the courts. The issue is who does the land belong to? Mr. Medina stated the South Florida Water Management District stated they would like to see an easement granted to the developer for ownership before they would issue the permit for the outfall. 6 Mr. Medina stated there were boat slips utilized as well as rented out. He utilizes the canal and there would not be anything to stop jet skiers from using the waterway and ruining the area and this is his concern. The Chairman stated he did not recall it being brought up as the last issue at prior meetings held on the item. Ms. Linda Samples, 222 Marina Drive resident, addressed the Board and stated there are many requests in the letter that have not been answered and alluded to number 7 in the letter dated April 17, 2008 that reads: 7. As previously requested, please provide a copy of the FDOT permit for the proposed improvements within State Road A1A. As indicated on the FDOT Pre-application letter provided, the letter is not a permit or approval from the FDOT. Please be advised if the ERP application is ready to be issued and the applicant has not obtained an approval from FDOT the permit will be conditioned to restrict construction within FDOT right of way until an FDOT permit or approval is provided to the South Florida Water Management District. Ms. Samples stated there are too many questions unanswered for them to receive the permits. Ms. Samples stated if all the permits have not been secured, she does not believe the site plan can be approved on the contention that they will receive the permits and then the approval. Ms. Miller area resident, addressed the Board in favor of the project. She recommended the docks be demolished to eliminate the issue. Mr. Lowe area resident, addressed the Board in favor of the developer. He stated the developer has worked with the area residents and the county on the project. Mr. Glen Boundy, Secretary North Beach Association addressed the Board in favor of the project. Mr. Terry Major, Major Construction Macedo Blvd., Port St. Lucie, addressed the Board in favor of the project. Ms. Nancy Spaulding, Marina Drive resident, addressed the Board in favor of the project. (Unintelligible name) the gentleman, 213 Marina Drive addressed the Board and stated he was opposed to the project in the past. He had wanted to verify that building number 4 was to be 2 stories high on the southern end. The Planning Manager verified the height of the building. The gentleman then stated this was the reason why he was in support of the project today. Ms. Kathy Brandon, Riverwalk resident, addressed the Board in favor of the project. Mr. Nick Piccarraro, Riverwalk resident, addressed the Board in favor of the project. Mr. Bill Medina, addressed the Board and stated Ms. Miller may have a valid point in her recommending they demolish the docks and hoped the items listed in the letter would be handled. Mr. Lee Dobbins, Attorney for applicant, addressed the dock issue and stated the DEP issued the dock permit in 2006 . Com. Grande questioned why there have not been answers to the questions listed in the letter. Mr. Dobbins stated the engineers were waiting for the Board’s response. Com. Coward stated in reading the letters it was not the easement issue that causes him concern but the issues in the document. He believes the South Florida Water Management District is saying this is an incomplete application and they cannot complete their review and need additional information. Mr. Matthis addressed Com. Coward questions and stated they accepted the application but have questions and then issue a draft of their concerns. They were waiting to submit until they received approval from the Board as to what is being presented. They are addressing the issues and were waiting the acceptance of the site plan. Com. Coward stated he does not have anything in writing and would like a letter from the District saying the water quality issue has been resolved. 7 Com. Grande stated he believed no one was against this project, the only questions was is this design the best they can do? He would like to see the SFWMD saying to the county this level is acceptable and they understand the county has the right to have it transversed to the location that you are projecting which is the canal which doesn’t seem to have been made clear to them yet. Com. Lewis stated she felt the Board was not qualified to address these issues and this is why they go to South Florida Water Management District and she questioned what would happen if they did not agree with the design. She is inclined to move forward and let South Florida do their job and if revisions come back they could deal with them at that time. Com. Craft stated he agreed with many of the comments made. He believes they are talking about changing the process that they have been following for sometime. He too is comfortable in moving forward. Com. Grande stated as long as he has sat on the Board he does not believe they have approved such issues with such a level of comments. He believes their position should be that they would not approve a site plan until the South Florida Water Management District states that the quality and quantity of outflow in the property into the most diverse estuary in the nation is acceptable to them. He believes they should get their decisions and answers and have them come back to us. Com. Lewis stated she is comfortable in moving forward and believes SFWMD will take the same degree of care and detailed analysis. Com. Coward stated in his ten years on the Board it was not typical to have projects come forward with outstanding letters from permitting agencies identifying problems with water quality particularly to such an important resource. Mr. Dobbins asked the Board to look at their date of the letter sand stated they have been continually working on these issues. Com. Coward stated he would like to have something in writing from the District stating there are no outstanding issues. Mr. Houston stated this has not been part of the operating procedures, the same issues and same questions came up however the Board did not have the memo. QUASI JUDICIAL Com. Lewis, Craft, Grande, Smith acknowledged contact and correspondence as well as e-mails from Mr. Medina. Com. Smith stated he believed the agencies have made decisions that have never risen to the level of information as this one has and the county has NOT had a say on them whatsoever. He will make decisions on the information provided by staff of St. Lucie County. The Board has received comments from staff where it has been stated they would make sure all permits have been received, everything is contingent on permits being received and all dots and t’s have been crossed. Com.Coward commented on the Land Development Code pertaining to stormwater. He believes they are supposed to take these comments and do their best to improve the pipeline. Com. Smith stated he was not comfortable how this came about tonight. Com. Craft stated as an item comes before the Board the recommendation is signed off by each department. All pertaining departments have signed off on this recommendation made by staff. It was moved by Com.Craft, seconded by Com. Lewis, to approve staff recommendation with the added condition as provided by staff, and; upon roll call, the vote was as follows: Nay’s: Grande, Coward, Aye’s: Craft, Lewis, Smith; motion carried by a vote of 3 to 2. END OF PUBLIC HEARINGS REGULAR AGENDA 8 VIII COUNTY ATTORNEY Resolution No. 08-206 – Authorizing Refunding of the County’s Improvement Revenue Note, Series 2003 and Improvement Revenue Note, Series 2004B – The Board approved staff recommendation to adopt Resolution No. 08-206 and authorized the Chairman to sign the Resolution. It was moved by Com. Craft, seconded by Com. Lewis to approve Resolution No. 08-206; and upon roll call motion carried unanimously. IX.COUNTY ATTORNEY Local Option Gas Tax Division of Proceeds Beginning September 1, 2008 – The Board approved staff recommendation that the Board determine whether to approve the annual redetermination set out in the attached memorandum and directed the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2008. It was moved by Com. Grande, seconded by Com. Coward, to approve the annual redetermination set out in the attached memorandum and directed the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2008; and upon roll call motion carried unanimously. The Chairman requested an update from the Clerk of Courts pertaining to the remaining SBA funds. The County Administrator advised the Board he had a scheduled meeting with the Clerk of the Court for this Friday and he would advise him of their request. Com. Coward requested ratification of his appointee to the Arts in Public Places Committee, Mr. Nelson Merchancely, It was moved by Com. Coward, seconded by Com. Grande, to ratify the appointment of Mr. Nelson Merchancely to the Arts in Public Places Committee, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at . _____________________ Chairman _____________________ Clerk of the Circuit Court 9