HomeMy WebLinkAboutBOCC Minutes 12-16-2008
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: December 16, 2008 Convened: 600 p.m.
Adjourned: 8:35 p.m.
Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris
Dzadovsky, Doug Coward, Chris Craft absent ill.
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County
Attorney, Don West, Public Works Director, Laurie Case, Utilities Director, Roger
Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Peter
Jones, Planning Manager, Kristen Tetsworth, Planning Manager, Millie Delgado-
Feliciano, Deputy Clerk
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I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the December 9, 2008 meeting.
It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the minutes of the
meeting held December 9, 2008, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. A Presentation was given by Chris Adams, Vice President of Community Impact
United Way of St. Lucie County
B. A Presentation was given by Chris Adams, President Heathcote Botanical Gardens
Board of Trustees
C. Annual Christmas Remembrance – Sue Munyan and the 4-H Clubs made their
annual Christmas Remembrance Presentation to the Board.
V. GENERAL PUBLIC COMMENT
Mr. John Arena, area resident, addressed the Board regarding his recommendation to
consider a charter form of government.
VI. CONSENT AGENDA
It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the Consent Agenda
as amended, and; upon roll call, motion carried unanimously.
A.WARRANTS
Approve warrant list No. 11
The Board approved Warrant List No. 11.
B.COUNTY ATTORNEY
1. Revocable License Agreement – Dr. & Mrs. Marjieh – 2827 S. Indian
River Drive – Water line in Indian River Drive right-of-way –The Board
approved the Revocable License Agreement, authorized the Chair to sign
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the Revocable License Agreement and directed Dr. & Mrs. Marjieh to
record the document in the public Records of St. Lucie County, Florida.
2. Environmentally Significant Lands – Airport Greenway – Contract for Sale
and Purchase – Morning Star Evangelical Lutheran Church – Parcel I.D.
No. 1428-602-0054-000-8 – The Board approved the Contract for Sale
and Purchase of the Morning Star Evangelical Lutheran Church parcel for
$36,000.00, authorized the Chair to execute the Contract and directed
staff to close the transaction and record the documents in the public
Records of St. Lucie County, Florida.
3. Volo Holdings Fort Pierce, LLC – Consent to Sublease Agreement with
Omniflight Helicopters, Inc. – The Board consented to the sublease
agreement between Volo Holdings Fort Pierce, LLC and Omniflight
Helicopters, Inc., and authorized the Chair to sign the document.
B. COUNTY ATTORNEY CONTINUED
4. Quit-Claim Deed – St. Lucie County Fire District – Parcel I.D. No. 1429-
333-0000-000/3 – Resolution No. 08-387 – The Board accepted the Quit-
Claim Deed, authorized the Chair to sign Resolution No. 08-387 and
directed staff to record the Quit-Claim Deed in the Public Records of St.
Lucie County, Florida.
St. Lucie County Logistics Center - Facilities Use Agreement with The
5.
Salvation Army for 2008 Angel Tree Program – The Board approved the
proposed Facilities Use Agreement with The Salvation Army, and
authorized the Chairman to sign the Agreement.
C. PUBLIC SAFETY
1. Request to approve the agreement with Intrado for the installation of a
911 Data Base Management Network Service in the amount of $200,000
for the new Emergency Operations Center – The Board approved the
agreement with Intrado for the 911 Data Base Management Network
Service in the amount of $200,000.00 and authorized the Chairman to
sign.
2. Request to approve the agreement with AT&T/BellSouth for a Positron-
Viper E911 phone system for the 911 Center at the new Emergency
Operations Center in the amount $1,026,486.89 – The Board approved
the agreements with AT&T/BellSouth for the E911 phone system for the
911 Center in the amount of $1,026,486.89 and authorized the Chairman
to sign. Also, approved Budget Amendment # 09-006 and Equipment
Request #09-023.
D. ENVIRONMENTAL RESOURCES
Authorize the extension of South Florida Water Management District/St. Lucie
River Issues Team grant to May 2, 2009 for the design and construction of a
“Living in a Watershed” exhibit at the Oxbow Eco-Center – The Board approved
to extend the SFWMD/St. Lucie River Issues Team Grant to May 2, 2009 for the
design and construction of a St. Lucie River “Living in a Watershed” exhibit at the
Oxbow Eco-Center, and authorized for the Chairman to sign the amended
contract.
E.PARKS AND RECREATION
1. Emerson Avenue Sidewalk; Change Order No. 1 to Contract No. C08-09-
505: Sunshine Land Design- Emerson Avenue Sidewalk – The Board
approved Change Order No. 1 to Contract No. C08-09-505 with Sunshine
Land Design for the Emerson Avenue Sidewalk project in the amount of
$4,426 utilizing funding from the FDOT (LAP Agreement) Grant.
2. Piggyback City of Jacksonville’s Contract with Gametime/Dominica
Recreation Products, Inc. Playground Equipment, Purchase and Install
Playground Equipment at Martin Luther King, Jr./Dreamland Park and
approve Budget Amendment #09-007 – The Board approved the request
to piggyback the City of Jacksonville’s contract with Gametime/Dominica
Recreation Products, Inc. to purchase and install playground equipment,
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in the amount of $65,307.95; approved Budget Amendment, #09-007
and authorized the Chair to sign the contract as drafted by the County
Attorney.
F.PUBLIC WORKS
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1. Engineering Division - S. 25 Street Roadway Widening Project (Midway
Road to Edwards Road) – Amendment No. 14 to the Consultant
Agreement with Inwood Consulting – The Board approved Amendment
No. 14 to the Consultant Agreement with Inwood Consulting Engineers,
in the amount not to exceed $50,000, to provide consulting services for
construction issues related to repair and reconstruction of the bridge for
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the S. 25 Street Roadway Widening Project, and authorized the Chair to
sign.
F. PUBLIC WORKS CONTINUED
2. Engineering Division - Indian River Estates MSBU Third Amendment to
Work Authorization No. 25 with Camp, Dresser, and McKee, Inc. – The
Board approved and authorized the Chair to sign the Third Amendment
to Work Authorization No. 25 to Contract C00-03-233 with Camp,
Dresser, and McKee, Inc., for the reallocation of appropriated funds, to
extend the project schedule until March 31, 2009, and to increase the
project budget in the amount of $28,166.00 for a total contract amount
of $976,644.00.
G.GRANTS/DISASTER RECOVERY
This agenda item is requesting the board to approve the attached interlocal
agreement between St. Lucie County, the City of Port St. Lucie, the Sheriff’s
Office, the Fire District, and Indian River State College. The agreement is to have
Indian River State College provide basic and advanced training to Citizen
Emergency Response Team (CERT) volunteers and for St. Lucie County, Port St.
Lucie, the Sheriff’s Office, and the Fire District to contribute $6,000 each to
Indian River State College to coordinate the program. St. Lucie County has
received a grant in the amount of $10,000 from the Florida Division of
Emergency Management that will also be used to coordinate the program – The
Board approved the attached interlocal agreement.
H.COMMUNITY SERVICES
1. Request permission to advertise a Request for Qualifications (RFQ) for
Architect services to develop and produce construction drawings for the
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Fort Pierce Intermodal Transfer Facility located at Avenue D and 8
Street – The Board authorized to advertize an RFQ for Architect services
for construction design of the Fort Pierce Intermodal Transfer Facility.
2. Request permission to advertise a Request for Proposal for contractual
services to purchase and install bus shelters and other related
infrastructure – The Board authorized advertising a Request for Proposal
(RFP) for procurement of contractual services.
3. Approval of Modification No. 3 to revise the program budget and the
scope of work for the St. Lucie County 2005 Community Development
Block Grant Disaster Recovery Initiative (CDBG DRI) – The Board
approved the Modification No. 3 to revise the program budget and the
scope of work for the St. Lucie County 2005 CDBG DRI Grant and
authorized the Chair to sign necessary documents.
4. Approve Budget Resolution No. 08-385 to budget funds in the amount of
$50,000 from the U.S. Department of Health and Human Services for the
Earned Income Tax Credit (EITC) and other Asset Formation grant – The
Board approved Budget Resolution No. 08-385 to budget funds in the
amount of $50,000 from the U.S. Department of Health and Human
Services for the Earned Income Tax Credit (EITC) and other Asset
Formation grant.
I.CENTRAL SERVICES
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Elimination of Project Manager position and create a new position: Logistic
Center Operations and Record Management Liaison Officer. Approve Position
Reclassification REQ#09-001 – The Board approved eliminating the position of a
Project Manager and create a new position of Logistic Center Operations and
Record Management Liaison Officer. Staff further recommends the Board
approve Position Reclassification REQ#09-001.
J. Addition: Creation of an Ad Hock Committee for the St. Lucie County Grand
Bahama Island Tourism and Economic Development Partnership- This item was
pulled prior to the meeting.
END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
A. UTILITIES
Ordinance No. 08-013 of the Board of County Commissioners, amending the St.
Lucie County Comprehensive Plan by amending the Future Land Use Element;
amending the Potable Water Sub-Element; amending the Sanitary Sewer Sub-
Element; amending the Conservation Element; amending the Intergovernmental
Coordination Element; amending the Capital Improvements Element; adopting
the 10-Year Water Supply Facilities Work Plan; and providing for filing with the
Florida Department of State; and for transmittal to the Florida Department of
Community Affairs pursuant to Section 163.3184, Florida Statutes – Consider
staff recommendation to approve the adoption of Ordinance No. 08-013
amending the St. Lucie County Comprehensive Plan by amending the Future
Land Use Element; amending the Potable Water Sub-Element; amending the
Sanitary Sewer Sub-Element; amending the Conservation Element; amending the
Intergovernmental Coordination Element; amending the Capital Improvements
Element; adopting the 10-Year Water Supply Facilities Work Plan; and providing
for filing with the Florida Department of State; and for transmittal to the Florida
Department of Community Affairs pursuant to Section 163.3184, Florida Statutes.
Ms. Grimaldi, CDM Consultant for the project, addressed the Board and provided the
Objections, recommendations and comments from the Department of Community Affairs
and the response from St. Lucie County.
Objection 1 – As identified in the South Florida Water Management District’s letter dated
August 26, 2008, the population projections for the County presented in Tables 1-2, 1-3
And 4-1 of Work Plan is internally inconsistent with the County’s Comprehensive Plan,
Future Land Use element, the County’s Consumptive Use Permit, and the District’s
Lower East Coat Regional Water Supply Plan.
Response 1- The referenced tables have been revised to more closely match the
County’s Consumptive Use Permit and the SFWMD’s Upper East Coast Water
Supply Plan, rather than the applicable Upper East Coast Water Supply Plan.
It should be noted that the projections included in the consumptive use permit differ
Slightly from those published in the Upper East Coast Water Supply Plan, but have been
approved by SFWMD based on assumptions provided by the County in the permitting
process.
Tables 1-2 and 1-3 in the Future Land Use Element differed from one another
intentionally, as explained in the Element. Table 1-2 is intended to summarize the entire
unincorporated County population including all residents, regardless of which water
supply system they are connected to or if they are self-served. Table 1-3 was
intended to summarize the projected county’s public water supply system customers
only, and therefore would not be equal to the projections provided in Table 1-2. Upon
review, however, the projections included in Table 1-3 were discovered to be
erroneous and have since been corrected. The information previously provided in Table
1-3 is better suited to be presented in the Water and Sanitary Sewer Sub-elements,
Rather than in the Future Land Use Element. The information has been inserted in the
Appropriate Sub-elements. The revised Water and Sanitary sewer Sub-elements are
Presented in Exhibits 3 and 4 to the 10-Year Water Supply Facilities Work Plan has also
Been corrected to match these revised projections and those in the consumptive use
Permit. A revised version of Table 4-1 is also provided the enclosed updated Work Plan.
Objection 2- The proposed amendment does not address the requirements of
Section 163.3180(2) (a), [Florida Statutes ] F.S, pertaining to water supply concurrency.
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Response 2- The County’s developer agreement requires the applicant to request a
capacity review for water and/or wastewater service prior to issuance of a building
permit. This is further enforced through Objective 6.A.1.2 of the Potable Water
Sub-element, and the associated policies.
The St. Lucie County Development Review Committee (DRC) will review all proposed
Developments planned for Unincorporated St. Lucie County. The DRC Chair is to
verify in which utility service area the proposed development is planned and verify the
water and wastewater concurrency in conjunction with the appropriate Utility prior
to recommending issuance of a Development Order.
Upon notification that the proposed development is located within the St. Lucie County
Utilities service area, the developer is to deliver a set of the proposed utility plans to St
Lucie County Utilities for review. Upon completion and approval of the proposed utility
plans St. Lucie County Utilities will prepare a “Standard Potable Water and Wastewater
Development Agreement” to be signed by the developer and returned to the Utility.
Objection 3- The proposed amendment does not include a policy that requires
coordination with the SFWMD related to updating the County’s Water Supply Facilities
Work Plan within 18 months after the SFWMD updates the [Upper] East Coast Regional
Water Supply Plan.
Response 3- The requested policy has been added to the Potable Water Sub-Element as
Objective 6A.3.3, Policy 6A.3.3.1. The revised Potable Water Sub-Element is provided
As Exhibit 3 to the 10 Year Water Supply Facilities Work Plan.
Objection 4- The County’s Work Plan provides a list of water system improvement
projects. However, the potable water projects have not been incorporated into the Five
Year Schedule of Capital Improvements.
Response 4- A five-year fiscal analysis of estimated water and wastewater capital
improvement projects has been added to Section 2 of the enclosed 10 Year Water
Supply Facilities Work Plan (Exhibit 1). The Capital Improvement Element is also
Updated annually and the most recent update was submitted to DCA November
2008.
Objection 5- The proposed amendment does not included policies with specific
programs and activities to ensure ongoing coordination with the Fort Pierce Utility
Authority [FPUA] on water supply issues.
Response 5- The County participates in quarterly meetings with the Treasure Coast
Regional Utilities Organization, which provides for intergovernmental coordination
Between utilities including FPUA. Additionally, the County conducts a minimum of
at least two annual coordination meetings with FPUA (typically more) to discuss the bulk
water agreement status which includes on-going capital projects. The County revised
the
five year projections annually and provides the update to FPUA at the end of each
October.
These meetings achieve the recommended actions provided in the ORC report, with
The exception of implementing alternative water supply projects and establishing level of
Service. FPUA does not provide reclaimed water to or purchase reclaimed water from
the County. Both utilities have established conservation measures. The level of service
for each utility is adopted through their respective Master Plans.
A policy formalizing these actions has been incorporated into the Intergovernmental
Coordination Element of the Comprehensive Plan as Policy 10.1.3.6. The modified pages
Of the Intergovernmental Coordination Element of the Comprehensive Plan are provided
In Exhibit 6 attached to the 10-Year Water Supply Facilities Work Plan.
Mr. Craig Mundt, North Beach Association, addressed the Board and expressed his
concerns with the possible expansion of the North Hutchinson Island Plant. He
challenges the report and stated the study misses by several hundred the number of
hook-ups. They were hoping to move the waste off of the island. In taking a poll there
are very few residents who wish to go on to having sewer. They have hired an
independent engineering firm with different ideas regarding the utility authority,
Ms. Andrews North Beach resident, addressed the Board and stated the Coastal
Management Element of the Comp Plan seems to be inconsistent with the element in
Chapter 6.
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Ms. Andrews asked if the plant cost would funded by public funds.
The County Attorney stated the policy she referenced has been in the plan since 1989.
An executive order was issued by Governor Graham in 1981.
He believes there are conflicting policies in the plan and proceeded to advise those
present of how they normally fund utility expansions. He stated normally they get
developer contributions however they can use special assessments. They normally bond
the project and then it is secured by pledge of development revenues. With regards to
grants this could be problematic if these were direct grants. He believes the policy
should be clarified moving forward. He has asked the Growth Management Director and
the Planning Manager to contact the Department of Community Affairs this afternoon.
Com. Grande stated he felt they are getting to the point where they should consider
whether or not to use the projected growth number. The conclusion is that they will
continue to grow at an amazing rate for a long time. He recommended thinking whether
they wish to face the state with the concept that as a county would like to grow to the
capacity they designated for themselves.
Com. Coward stated he believed they still had some inconsistencies on what is in this
document and discussions the Board has had on road projects and utilities. Some of
these pending projects in the documents, the Board has not made any final decisions on.
Com. Dzadovsky stated they still had other issues relating to funding and it was going to
be difficult to find however they still need to protect the lagoon. He also wanted to
confirm that he was encouraging the Board to look towards regionalization.
Com. Coward asked what projections were being used.
Ms. Grimaldi advised the Board they were using the medium projections.
The Planning Manager stated they had been using high projections.
It was moved by Com. Grande, seconded by Com. Dzadovsky to approve Ordinance No.
08-013, and; upon roll call, motion carried unanimously.
B. GROWTH MANAGEMENT
Ordinance No. 08-014 of the St. Lucie County Board of County Commissioners
adopting the Public School Facility Element as part of the St. Lucie County
Comprehensive Plan – Consider staff recommendation to adopt Ordinance No.
08-014.
The Planning Manager addressed the Board on this item and advised the Board they
have addressed all comments received from the DCA.
It was moved by Com. Coward, seconded by Com. Grande to approve Ordinance No. 08-
014, and; upon roll call, motion carried unanimously.
END OF PUBLIC HEARINGS
VIII. COMMUNITY SERVICES
Adoption of the St. Lucie County Affordable Housing Advisory Committee 2008 incentive
& Recommendation Report compiled by the Affordable Housing Advisory Committee -
Consider staff recommendation to approve Resolution No. 08-388 adopting the St. Lucie
County Affordable Housing Advisory Committee’s 2008 Incentive & Recommendation
Report.
The Housing Coordinator addressed the Board on this item.
Com. Grande stated he would have difficulty supporting this item (A) . He felt it was not
to anyone’s advantage to accelerate the process and there should be some level of
scrutiny maintained.
The Planning Manager stated he believes there was no intent of reducing the scrutiny.
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Com. Dzadovsky asked if there was any indication that they would be given additional
density. He has some concerns about this and believes they may be seeing multiple
plans come forward with increased density requirements.
The Planning Manager stated this would require further research, review and language
and these are ideas and recommendations of means to move forward. This would not
constitute immediate consideration in density.
Com. Dzadovsky stated he wished to have the record state he would not support
increases in density other than what would already be provided.
Com. Coward stated he interpreted it as the density would be allowed to be increased
but only within the realm of the land use category that would permit it.
Com. Grande stated he believes there would still be impacts and cannot see how impact
fees would be deferred or waived. He recommended coming up with other alternatives.
The Housing Coordinator stated they discussed the idea of the deferrals of fees and
alternatives due to the fact that after speaking with the Asst. County Attorney they were
informed they could not waive the fees.
Com. Dzadovsky addressed possible giving credits for green technology.
Com. Coward stated he is not excited about waiving impact fees and would support
looking for alternatives. However he does support utilizing green technology. He
believes they need to eliminate the language on impact fees and believes growth should
pay for itself.
The Coordinator addressed the flexibility for affordable housing.
Com. Grande stated he would like to see the recommendation extended and possibly add
inclusionary zoning.
Com. Coward stated he would like to see the aspect of Growth Management somewhere
in the document.
Com. Lewis stated she was going to reverse her original determination and would prefer
to see what action is to be taken on each item.
Com. Coward recommended giving consideration to Com. Craft who is not present
tonight.
The Housing Coordinator stated she could contact the state and see if they can submit
the report a week later due to the absence of one Commissioner at this meeting.
Com. Lewis stated if they are able to get an extension they would then take it from
there.
The Housing Coordinator recommended taking time to speak with each Commissioner
regarding each issue.
No action taken at this time.
IX. GROWTH MANAGEMENT
Petition of Nick Bishop for a Major Adjustment to a Major Site Plan, known as Treasure
Coast Lexus, to add 0.802 acres of additional land area for inventory parking for an
existing 87,287 sq. ft. car dealership on 11.57 acres, known as Treasure Coast Lexus.
Draft Resolution No. 08-231. (File No.: SPMJ 620081487) – Consider staff
recommendation to adopt Draft Resolution No. 08-231, granting a Major Adjustment to
add 0.802 acres of land area for additional inventory parking, for a total of 12.37 acres of
land, to the Major Site Plan for Treasure Coast Lexus subject to 5 limiting conditions, in
addition to those contained in Resolution No. 07-131 which are still in full force and
effect.
The applicant requested the condition regarding the sidewalk be removed due to the fact
the FDOT has already constructed the sidewalk.
It was moved by Com. Coward, seconded by Com. Dzadovsky to approve staff
recommendation as amended, and; upon roll call, motion carried unanimously.
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X.ADDITION TO THE AGENDA
FEDERAL ECONOMIC STIMULUS PACKAGE- CONSIDER STAFF RECOMMENDATION TO SUBMIT THE FEDERAL
ECONOMIC STIMULUS PACKAGE TO THE COUNTY’S FEDERAL DELEGATION AND PRESIDET ELECT OBAMA’S
TRANSITION TEAM.
The County Administrator reviewed the package to be presented.
It was moved by Com. Grande, seconded by Com. Coward to approve the Federal Economic Stimulus package
as presented, 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 THE CIRCUIT COURT
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