HomeMy WebLinkAboutBOCC Minutes 07-15-2008
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: July 15, 2008 Convened: 6:00 p.m.
Adjourned: 7:55 p.m.
Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Doug Coward,
Charles Grande, Chris Craft
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst.
County Attorney, Mark Satterlee, Growth Management Director, Don West, Public
Works Director, Marie Gouin, Management and Budget Director, Kristen Tetsworth,
Planning Manager, Mike Powley, County Engineer, Millie Delgado-Feliciano, Deputy
Clerk
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the July 1, 2008 meeting.
Approve the minutes from the July 8, 2008 meeting.
It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the
meetings held July 1, 2008 and July 8, 2008, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 08-221 – To be Presented to the Family of Corporal Ian T. Zook,
Proclaiming July 18, 2008, as “Corporal Ian T. Zook Day” in St. Lucie County,
Florida, as a Tribute to this Fallen Hero who made the Ultimate Sacrifice for
Freedom – Consider staff recommendation to adopt Resolution No. 08-221 as
drafted.
It was moved by Com. Craft, seconded by Com. Lewis, to approve
Resolution No. 08-221, and; upon roll call, motion carried unanimously.
B. Resolution No. 08-222 – To be Presented to the Family of Captain Adam P.
Snyder, Proclaiming July 19, 2008, as “Captain Adam P. Snyder Day” in St. Lucie
County, Florida, as a Tribute to this Fallen Hero who made the Ultimate Sacrifice
for Freedom – Consider staff recommendation to adopt Resolution No. 08-222 as
drafted.
It was moved by Com. Coward, seconded by Com. Lewis, to approve
Resolution No. 08-222, and; upon roll call, motion carried unanimously.
C. Resolution No. 08-223– To be Presented to the Family of Private First Class
Andre D. McNair, Jr., Proclaiming July 20, 2008, as “PFC Andre D. McNair, Jr.,
Day” in St. Lucie County, Florida, as a Tribute to this Fallen Hero who made the
Ultimate Sacrifice for Freedom – Consider staff recommendation to adopt
Resolution No. 08-223 as drafted.
It was moved by Com. Grande, seconded by Com. Coward, to
approve Resolution No. 08-223, and; upon roll call, motion carried
unanimously.
V.GENERAL PUBLIC COMMENT
1
Mr. Bill Hammer, Reserve resident, addressed the Board and commended the
Management and Budget Staff for their preparation and collective information
obtained for this year’s budget. He also distributed a study commissioned by the
American for Secure Retirement where it states that “retirees could go broke” in the
upcoming years of their retirement.
He also advised the Board that the applications for food stamp assistance have
increased 27%.
Captain Michael Howard, Navy Seal Museum, addressed the Board and thanked them
for their support. He advised the Board and the general public of their upcoming
Muster scheduled for November 14 and 15, 2008 at the National Navy UDT Seal
Museum.
Mr. John Arena, area resident, addressed the Board on the ocean’s pollution.
VI. CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande to approve the Consent Agenda, and;
upon roll call, motion carried unanimously.
A.WARRANTS
Approve warrant list No. 41
B.COUNTY ATTORNEY
1. Value Adjustment Board - Permission for Joint Notice with St. Lucie
County School Board and Adoption of Financial Disclosure (Form 1)
Requirement for Citizen Appointees - Subject to the concurrence of the
St. Lucie County School Board, staff recommends that the Board of
County Commissioners take the following action:
(1) Authorize the publication of a joint notice with the School Board
for applications from citizens interested in serving on the Value
Adjustment Board; and,
(2) Require the Board’s citizen appointee to the Value Adjustment
Board to file financial disclosure (Form 1) with the Supervisor of
Elections within thirty (30) days of appointment.
The Board approved the Joint Notice with St. Lucie County
School Board and the adoption of Financial Disclosure Form
Requirement for Citizen Appointees.
2.ADDITION – Contract with New Horizons for staff services and support to
defendants with mental health and/or co-occurring issues who would
otherwise be incarcerated in the St. Lucie County Jail through St. Lucie
County’s Mental Health Court – Consider staff recommendation to approve
the contract for New Horizons of the Treasure Coast. The goal will be to
assist participants to be fully integrated as successful citizens in our
community, and implement and increase the effectiveness of mental health
and substance abuse services and treatment.
The Board approved the contract with New Horizons for staff services and
support to defendants with mental health and/or co-occurring issues who
would otherwise be incarcerated in the St. Lucie County Jail through St.
Lucie County’s Mental Health Court.
C.MANAGEMENT AND BUDGET
1. Purchasing Division – Board approval of fixed asset inventory-property
record removal – consider staff recommendation to authorize staff to
remove the records from the fixed asset inventory of the Board of
County Commissioners. The Board authorized staff remove the records
from the fixed inventory of the BOCC.
2
2. Purchasing Division – Board approval of first amendment to the following
contracts: Fuller-Armfield-Wagner Appraisals and Research, Inc. (C06-
08-512), Callaway and Price, Inc. (C06-08-554), Deighan Consultants
(C06-08-553), and East Coast Appraisers & Consultants (C06-08-511) –
Consider staff recommendation to approve the first amendment to the
following contracts: Fuller-Armfield-Wagner Appraisals and Research,
Inc. (C06-08-512), Callaway and Price, Inc. (C06-08-554), Deighan
Consultants (C06-08-553), and East Coast Appraisers & Consultants
(C06-08-511) extending the contract through August 21, 2009; and
authorizing the Chairman to sign the amendments as prepared by the
County Attorney’s office. The Board approved the first amendment to
the above noted contracts and authorized the Chairman to sign the
amendments as prepared by the County Attorney’s office.
3. Purchasing Division – Board approval of Work Authorization No. 5 for
Contract C05-05-282 with GLE Associates, Inc. – Consider staff
recommendation to approve Work Authorization No. 5 to Contract C05-
05-282 with GLE Associates, Inc. in a total amount not to exceed
$372,720.00, and authorize the Chairman to sign the work authorization
as prepared by the County Attorney. The Board approved Work
Authorization No. 5 for Contract C05-05-282 with GLE Associates, Inc.,
and authorized the Chairman to sign the work authorization as prepared
by the County Attorney.
4. Purchasing Division – Board approval of Work Authorization No. 6 for
Contract C05-05-282 with GLE Associates, Inc. – Consider staff
recommendation to approve Work Authorization No. 6 to Contract C05-
05-282 with GLE Associates, Inc. in a total amount not to exceed
$142,819.00, and authorize the Chairman to sign the work authorization
as prepared by the County Attorney. The Board approved Work
Authorization No. 6 for Contract C05-05-282 with GLE Associates and
authorized the Chairman to sign the work authorization as prepared by
the County Attorney.
5. Board approval of second extension to contract C04-12-563 with
Dredging & Marine Consultants, Inc. and contract C04-07-658 with
Taylor Engineering, Inc. – Consider staff recommendation to approve the
second extension to contract C04-12-563 with Dredging & Marine
Consultants, Inc. and contract C04-07-658 with Taylor Engineering, Inc.
extending the contract through March 31, 2009, and authorize the
Chairman to sign the extensions as prepared by the County Attorney’s
office. The Board approved the second extension to contract C04-12-
563 with Dredging & Marine Consultants, Inc., and contract C04-07-658
with Taylor Engineering and authorized the chairman to sign the
extension as prepared by the County Attorney’s office.
6. Budget Resolution No. 08-218, which will correct Budget Resolution No.
08-208’s fund assignment of $5,147,540 to fund #140136, by
reassigning the grant award to fund #140135 – Consider staff
recommendation to approve Budget Resolution No. 08-218, which will
correct Budget Resolution No. 08-208. The Board approved Budget
Resolution No. 08-208 fund assignment of $5,147,540 to fund # 140136
by reassigning the grant award to fund # 140136.
D. PUBLIC WORKS
Engineering Division - Seminole Canal Culvert Replacement at Winter Garden
Parkway – Consider staff recommendation to accept the project, release
retainage, and make final payment. The Board approved accepting the project,
releasing retainage and making final payment.
E. CENTRAL SERVICES
Dooleymack Constructors of South FL, LLC/Change Order No. 8 to #C07-04-195
Project: Havert L. Fenn Center-Special Needs Shelter/Auditorium – Consider
staff recommendation to approve Change Order No. 8 to #C07-04-195,
Dooleymack Constructors, Havert L. Fenn Center, to increase the contract sum
by $22,533; the new contract sum will be $13,443,924.06. Staff further
recommends the Board authorize the Chair to sign the Change Order as prepared
by the County Attorney. The Board approved Change Order No. 8 to # CO7-04-
3
195 project Havert L Fenn Center / Dooleymack Constructors to increase the
contract sum by $22,533 and authorized the Chairman to sign the Change Order
as prepared by the County Attorney.
F. AIRPORT
1. Request approval of LPA Group Inc. Work Authorization No. 11 at a lump
sum not to exceed amount of $49,884 for the Initial Exotics and
Nuisance Plant Removal for the Runway 9L/27R Mitigation Area at the
St. Lucie County International Airport – Consider staff recommendation
to approve the LPA Group Inc. Work Authorization No. 11 at a lump sum
not to exceed amount of $49,884 for the Initial Exotics and Nuisance
Plant Removal for the Runway 9L/27R Mitigation Area at the St. Lucie
County International Airport, and authorize the Chair or designee to
execute the same. The Board approved the LPA Group Inc. Work
Authorization No. 11 at a lump sum not to exceed the amount of
$49,884.
2. Request that the Board approve Change Order No. 4 for Dickerson
Florida, Inc., increasing the contract amount by $89,730.00 from
$5,094,070.45 to $5,183,800.45, for the first phase of construction for
the Runway 9L/27R at the St. Lucie County International Airport –
Consider staff recommendation to approve Change Order No. 4 for
Dickerson Florida, Inc., increasing the contract amount by $89,730.00
from $5,094,070.45 to $5,183,800.45, for the first phase of construction
for the Runway 9L/27R at the St. Lucie County International Airport, and
authorize the Chair to designee to execute the same. The Board
approved Change Order No. 4 for Dickerson Florida, Inc., increasing the
contract amount by $89,730.00.
G. COMMUNITY SERVICES
Approval to apply for the 2007/08 U. S. C. 5307 Federal Transit Administration
grant program, in the amount of $1,369,178 and approval of Resolution No 08-
240 – Consider staff recommendation to approve grant application, approve
Resolution No. 08-240 and authorization for the Chairman to sign all documents
necessary. The Board approved applying for the 2007/2008 U.S.C. 5307 Federal
Transit Administration grant program in the amount of $1,369,178 and approved
Resolution No. 08-240.
H. GRANTS
Cultural Affairs Division - Authorize the National Navy UDT-SEAL Museum to sell
thth
beer at the Annual Muster XXIII event on November 14 and 15, 2008 –
th
Consider staff recommendation to authorize to sell beer at the November 14
th
and 15, 2008 National Navy UDT SEAL Annual Muster XXIII event. The Board
authorized the national Navy UDT Seal Museum to sell beer at the Annual Muster
th
XXII events on November 14 and 15, 2008.
I. GROWTH MANAGEMENT
Request of Margaret J. Borland, for final plat approval for the project to be
known as Borland Tract II. This project is a two-lot subdivision located on the
rd
southwest corner of the intersection of Peterson Road and 33 Street,
approximately 2,800 feet north of Okeechobee Road in the CG (Commercial
General) Zoning District – Consider staff recommendation to approve the final
plat of Borland Tract II and authorize it final execution. – The Board approved
the final plat of Borland Tract II and authorized its final execution.
J. SOLID WASTE
Harbour Cove Non-Advalorem Assessment for Solid Waste Collection – Consider
staff recommendation to approve the attached letter to the residents of Harbour
Cove regarding the non-advalorem assessment for solid waste collection. - The
Board approved the letter to the residents of Harbour Cove regarding the non-ad
valorem assessment for solid waste collection.
4
K. ADMINISTRATION
1. Reappointment of D. Richard Classen, Ph.D. to a two year term on the
Treasure Coast Health Council – Consider staff recommendation to re-
appointment of D. Richard Classen to the Treasure Coast Health Council
for a two-year term from August 2008 to August 2010. The Board
approved the re-appointment of D. Richard Classen Ph.D to a two year
term on the Treasure Coast health Council.
2. Historical Commission/Historic Preservation Committee – Consider staff
recommendation to ratify Commissioner Coward’s appointment of Mr.
Pennetti to the Historical Commission/Historic Preservation Committee. -
The Board ratified Commissioner Coward’s appointment of Mr. Pennetti
to the Historical Commission/Historic Preservation Committee.
END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
A. GROWTH MANAGEMENT
Petition of Luis Garcia regarding “Fort Pierce # 4” for the following:
?A one year extension to an approved Conditional Use Permit for a concrete
block manufacturing plant on a vacant parcel;
?A Major Adjustment to a Conditional Use Permit to extend the limited hours
of operation to 24 hours per day from the currently approved time limit of
5:00 am to 10:00 pm; and
?A Minor Site Plan approval for Fort Pierce #4, to allow the operation of a
concrete block manufacturing facility consisting of an 18,000 square foot
building on Lot 13 of “Midway Industrial Park, Phase III Subdivision”, located
in the IH (Industrial, Heavy) Zoning District.
Consider staff recommendation to approve the request through the adoption of
Draft Resolution No. 08-149, which, if approved, would grant a one year
extension to an approved Conditional Use Permit for a concrete block
manufacturing plant on a vacant parcel; a Major Adjustment to a Conditional Use
Permit to extend the limited hours of operation to 24 hours per day from the
currently approved time limit of 5:00 am to 10:00 pm; and a Minor Site Plan
approval for Fort Pierce #4, to allow the operation of a concrete block
manufacturing facility consisting of an 18,000 square foot building on Lot 13 of
“Midway Industrial Park, Phase III Subdivision”, located in the IH (Industrial,
Heavy) Zoning District.
Ms. Pam Hammer, P & Z Board member addressed the Board and stated the
residents on Midway Road had testified before the P&Z Board of their
concerns regarding the noise that carries during the night if there was to be a
24 hour operation. They objected to changing the hours of operations to 24
hours as requested by the applicant.
Mr. Ramon Costello, representing the applicant addressed the Board and
advised them the companies in the industrial area of Midway Road, i.e. Rinker
presently has two twenty four hour operations. He also advised the Board his
operation would be strictly in an enclosed building where little noise would be
heard from the outside.
Mr. Bill Hammer, Reserve resident, addressed the Board recommending
approval with restrictions to the ambient noise that would carry to the
residential areas.
Com. Coward stated he did not have a problem with the 24 hour operation due
to the zoning and other operations in the area but questioned the truck traffic.
Mr. Costello advised the Board the truck traffic would take place during the
daytime hours only and he did not have a problem with the setting of specific
hours for the truck traffic.
5
It was moved by Com. Lewis, seconded by Com. Grande, to approve staff
recommendation for a 24 hour internal operation and to add the set truck
traffic hours from 7:00 a.m. to 5:00 p.m. and; upon roll call, motion carried
unanimously.
B. GROWTH MANAGEMENT
Petition of Pastor Cooley regarding Liberty Baptist Church, Inc. for the following:
?A Major Adjustment to a Minor Site Plan approval for an 8,920 square foot
education building addition consisting of thirteen (13) classrooms on an
existing 21,087 square foot religious and educational facility.
?A Major Adjustment to a Conditional Use Permit to allow the expansion of
educational services as an accessory use to a Religious Facility in the
Institutional Zoning District.
A waiver from the fencing requirements of Section 7.09.04(E) of the St. Lucie
County Land Development Code that requires a six (6) foot high masonry wall or
opaque wood fence between institutional or religious facility uses and residential
uses.
?Staff recommends the Board of County Commissioners adopt Draft
Resolution No. 08-144 granting a Major Adjustment to a Minor Site Plan and
a Major Adjustment to a Conditional Use Permit approval for the project to
be known as Liberty Baptist Church, Inc. Major Site Plan; and
?Staff recommends the Board of County Commissioners grant the waiver from
the fencing requirements per Section 7.09.04.E of the St. Lucie County Land
Development Code; and
?Staff recommends the Board of County Commissioners adopt Draft
Resolution No. 08-144 subject to the seven (7) limiting conditions contained
in the resolution.
Staff recommended adding the following conditions:
Condition # 8- Pursuant to Section 7.06.02(B)(3) of the Land Development Code the
total number of parking spaces shall be allowed to be reduced by 5% for the purpose of
allowing the shared use of parking spaces at different times of the day as follows:
Educational Services; 8:00 a.m. until 3:00 p.m. Monday through Friday and the Church:
all other hours. In the event that this use is ever changed or expanded the property
owner shall return to the Board of County Commissioners for a Development Order
Amendment.
Condition # 9- Consistent with the Liberty Baptist Church Traffic Impact Report created
by Susan O’Rourke, P.E. and the Site Plan designed by Edlund, Dritenbas,Brinkley
Architects and Associates, P.A. dated April, 2007 the maximum number of students to be
provided education at this location will be 400 students. The school enrollment shall not
be allowed to exceed 400 students without an updated traffic report. Should the student
enrollment exceed 400 students the property owner shall return to the Board of County
Commissioners for a Development Order Amendment.
Quasi- Judicial
Com. Smith acknowledged receiving a phone call regarding this issue.
Pastor Wallace Cooley addressed the Board on this item.
It was moved by Com. Grande, seconded by Com. Coward (for discussion) to all staff
recommendation;
Com. Coward questioned the traffic impact with those who pick up their children.
Pastor Cooley stated traffic studies were done showing a minimum impact with the
addition to this facility. Pick up takes place to the east and to the west of the site. They
work very hard not to have traffic back up to Midway. Many share rides with others and
carpool. Only one-half of the students are picked up and the others between 2:45 p.m.
and 3: oo p.m. and those are only about 4 or 5 cars. Almost all traffic is gone by 3:05
p.m. None of the traffic backs up on Midway Road.
The County Engineer stated he regularly drives Midway and he has not aware of any
impacts from this facility nor has he ever seen traffic backed up on Midway.
The County Engineer stated concurrency is an issue. The impact of this proposed
developments are minor.
6
The Growth Management Director stated this project does meet concurrency.
And; upon roll call, motion carried unanimously.
C. PUBLIC WORKS
Code Compliance Division – 118 NE Jardain Road, Fort Pierce, FL – Staff
recommends that the Board determine the structure is unsafe and determine
that if the structure is not taken down and the property properly cleaned or
building permits obtained for its repair by August 15, 2008, the Board give the
Code Enforcement Department permission to proceed to use the lowest bidder to
demolish the structure and clean the property of all junk, trash and debris and
assess the entire cost of such demolition against the real property which shall
constitute a lien payable to St. Lucie County.
The Code Compliance Supervisor addressed the Board and gave the history of this issue.
Mr. Thomas Nickerson, father of the property owner, addressed the Board for his daughter
requesting the extension be approved.
It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation and
require the building permits to be obtained by August 15, 2008 and; upon roll call, motion carried
unanimously.
END OF PUBLIC HEARINGS
REGULAR AGENDA
VIII. PUBLIC WORKS
Engineering Division – Lake Drive MSBU Final Assessment Roll – Potable Water
Improvements – FPUA – Consider staff recommendation to adopt Resolution No. 08-190
(Attachment “1”), approving the Final Assessment Roll for the Lake Drive Municipal
Services Benefit Unit.
It was moved by Com. Craft, seconded by Com. Grande, to approve Resolution No. 08-190, and;
upon roll call, motion carried unanimously.
IX. SOLID WASTE
PULLED PRIOR TO MEETING - Staff request Board approval of Resolution No. 08-242
– Consider staff recommendation to approve Resolution No. 08-242 – Solid Waste Rate
Resolution, to increase the rate for class I garbage from $32 per ton to $41 per ton, the
construction and demolition debris rate from $19 per ton to $29 per ton and the rate for
yard waste from $20 per ton to $26 per ton, effective October 1, 2009, as prepared and
approved by the County Attorney.
X. MANAGEMENT AND BUDGET
Approval of proposed millage rates to be submitted to the Property Appraiser and set
dates for public hearings - Staff recommends the Board of County Commissioners
approve the following:
1. Advise the Property Appraiser of the millage rates as outlined on “Worksheet Analysis
of Roll-Back Millage Rate for fiscal year 2008-2009" under the column headed “2008-
2009 proposed millage”.
thth
2. Set two public hearings on September 4 and 18 2008 at 6:00 P.M. in the Roger
Poitras Administration Annex Commission Chambers.
3. Authorize the County Administrator to be able to modify the millage rates between
General Fund and Fine and Forfeiture Fund as long as the total countywide millage
stays the same. Also, Authorize the County Administrator to transmit the proposed
millage rates to the Property Appraiser on Form DR-420, DR-420 C-P, and DR-420
TIF.
4. Set the proposed aggregate millage as outlined on “Worksheet Analysis of Roll-Back
Millage Rate for fiscal year 2008-2009" under the column headed “2008-2009
proposed millage”.
7
The Management and Budget Director addressed the Board and commented on the worksheet
presented which reflects the FY 2008-2009 proposed and roll-back millage rates. The
recommended rates were established pursuant to the budget reviews held by the Board on July
7-10, 2008, and as required to meet special district, debt service, and related millage
requirements.
Significant points are:
The opposed Maximum Total Countywide millage remains at 6.4612, or no increase from the
current year, as directed by the Board. Mosquito Control has been included with countywide
millages for purposes of this calculation.
The proposed millage rate for the General Fund will be decreased, offset by an increase in
the millage rate for the Fine & Forfeiture Fund. As noted above, this change has no net
affect on countywide millage. The purpose for making this adjustment is to balance the Fine
& Forfeiture Fund.
The proposed millage in Street Lighting District # 2 (River Park 2) and # 13 (Queens Cove)
has been increased. The purpose for making this adjustment is because property values
have decreased, and the County is required to pay the light bills based on the agreements.
The total proposed aggregate millage has increased by .0139 mills over 2007.
The decrease in roll back aggregate millage over current aggregate millage is 18.70%. This
is due essentially to the decrease in certified value of 15.53%.
The taxes to be collected next year are approximately $30 million dollars less than
this year.
It was moved by Com. Grande, seconded by Com. Lewis, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
Com. Craft commended and thanked the Recording Secretary for her participation in
what he felt was a difficult task this evening.
There being no further business to be brought before the Board, the meeting was
adjourned.
_______________
Chairman
__________________
Clerk of the Circuit Court
8