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HomeMy WebLinkAboutBOCC Minutes 03-03-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 3, 2009 Convened: 6:00 p.m. Adjourned: 8:55 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Lauri Case, Utilities Director, Diana Lewis, Airport Director, Beth Ryder, Community Services Director, Mike Powley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 24, 2009 meeting. It was moved by Com. Grande, seconded by Com. Craft, to approve the minutes of the meeting held February 24, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for March 3, 2009. V. GENERAL PUBLIC COMMENT Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the compromised integrity of the Indian River Lagoon. Mr. Brock Sharp, Camino Del Rio resident, addressed the Board in opposition to the Storage Facility proposed. Mr. Sharp pointed out several points the Board should consider. He also submitted a petition signed by the residents of the area objecting to the project. Ms. Ann Morrison, Spanish Lakes Homeowners Association representative, addressed the Board regarding the height of the structure and the truck traffic. Mr. Joseph Petroni, Port St. Lucie resident, addressed the Board regarding their approval of the Mosque project. Father Bernie Sheffield, Camino Del Rio resident, addressed the Board regarding the flooding problem in the area. He believes the size of the building is inappropriate for the area and will cause more drainage problems. Ms. Barbara Cooper, Camino Del Rio resident, addressed the Board and expressed her concerns with the size of the building and the drainage. VI. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A.WARRANTS Approve warrant list No. 22. The Board approved Warrant List No. 22. B.COUNTY ATTORNEY 1. Resolution No. 09-063 – Public, Educational, and Government Channels. 1 The Board approved Resolution No. 09-063. 2. Request to approve a Contractual Rate Agreement with United for Families, Inc. (UFF) for drug testing services received at the St. Lucie County Drug Screening Lab. The Board approved The Contractual Rate Agreement with United for Families, Inc. for testing clients receiving services, and fees will be paid in part or whole, by UFF. The clients are adult caregivers of children who are at risk of abusing, neglecting and or abandoning the children under their care. The clients are referred by dependency case managers and/or by the Department of Children and Families (DCF) Protective Investigators for drug testing. C. PUBLIC WORKS 1.Board approval of the attached Local Agency Program (LAP) Agreement #423197-1-38-01 in the amount of $153,000 for the design of Weatherbee Road Sidewalk East of US Highway 1 and Commission Resolution #09-055, and signature by Chair. This project funding is part of the Safe Routes to School Program through Florida Department of Transportation. 2. The Board approved the Local Agency Program (LAP) Agreement #423197- 1-38-01 in the amount of $153,000 for the design of Weatherbee Road Sidewalk East of US Highway 1 and Commission Resolution #09-055, and signature by Chair. C. PUBLIC WORKS CONTINUED 2. Board approval of Supplemental Joint Participation Agreement (JPA) Number 1 with Florida Department of Transportation (FDOT) for Taylor Creek Phase 3 Shoreline Restoration and Commission Resolution 09-062, and signature by Chair. The Supplemental JPA changes the project description to allow remaining funding to be used for Taylor Creek Emergency Shoreline Repair Site 7. The Board approved the Supplemental JPA Number 1 with FDOT for Taylor Creek Phase 3 Shoreline Restoration and Commission Resolution 09-062, and signature by Chair. 3. Harmony Heights Stormwater Phase I – Fourth Amendment to Work Authorization No. 1 The Board approved the Fourth Amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for additional surveying efforts for Harmony Heights Stormwater Improvements Phase I in the amount of $8,081.00, and authorized the Chair to sign. D. AIRPORT 1. Request authorization to enter into a Underground Facilities Conversion Agreement with FPL for the relocation of the distribution lines impacting the new Runway 9L/27R at an estimated additional cost of $75,287 for a total cost of $1,708,776 to fund the total FPL power line relocation, and moving funds from the Airport West Commerce Park capital budget to cover the additional shortfall of $75,287 on this project. The Board authorized entering into the Underground Facilities Conversion Agreement with FPL for the relocation of distribution lines, authorize reallocation of an additional $75,287 needed from the Airport West Commerce Park project to address the shortfall of funds for the FPL distribution line relocation, and authorize the up-front payment of $75,287, for a total cost of $1,708,776, to FPL for the relocation of transmission lines and distribution lines at the St. Lucie County International Airport and authorized the Chair or designee to execute same. 2 2. Request that the Board approve Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resulting in a net increase to the original contract amount of $64,532.00 from $3,689,879.78 to $3,754,411.78, with an increase of 20 days to the contract time Changing the substantial completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9L/27R and Taxiway construction at the St. Lucie County International Airport. The Board approved Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resulting in a net increase to the original contract amount of $64,532.00 from $3,689,879.78 to $3,754,411.78, with an increase of 20 days to the contract time changing the substantial completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9L/27R and Taxiway construction at the St. Lucie County International Airport and authorized the Chair or designee to execute the same. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Request for continuance of the adoption hearing for Comprehensive Plan Amendment Cycle 2009-1, formerly known as Comprehensive Plan Amendment Cycle 2008-2 Ordinance No. 09-006 (formerly known as Ordinance No. 08-030) Project Name: Cassens White City Grove Applicant/Agent: Terry L. Virta, AICP File No. FLUMA-420081453 / TCP- 420081454: Future Land Use Map Amendment from RS (Residential Suburban – 2 du/acre) to MXD (Mixed Use Development) Specific Use Area, adding Figure 1- 7m and Sub-Area policy language. Consider staff recommendation to continue this item to April 21, 2009. It was moved by Com. Grande, seconded by Com. Dzadovsky, to continue this item on April 21, 2009, and; upon roll call, motion carried unanimously. B. GROWTH MANAGEMENT Consider the petition of Barol LLC for a waiver from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the Minor Site Plan for the project known as “Horseshoe Grove.” Draft Resolution No. 09-010 File No.: 720071270 Current Zoning: AG-5 (Agriculture – 1du/ 5 acres) Future Land Use: AG-5 (Agriculture – 1du/ 5 acres) Project Area: 40.61 acres Staff recommends adoption of Draft Resolution 09-010 denying the request. Mr. Johnathan Ferguson, Ruden McCloskey attorney for the applicant, addressed the Board on this item. He stated the two issues tonight were the paving issues. He believes the request for the internal road will only serve one of the lots and believes would not be necessary since the other two lots can be accessed by the canal right of way. It is more logical for the plat to be configured as they believe it should be and waive the paving requirement. They are asking for a reasonable interpretation of the County’s Land Development Code and under the circumstances allow the sub-division to go forward with the right of way being stabilized proving emergency access to the one lot that does not front FFA Road. The second issue is the paving of FFA Road. They do not disagree with the cost estimate by the County Engineer of $1.2 million; however they believe the cost can increase under circumstances. They are asking to be treated like the rest of the residents who live on the road that they are given the opportunity to pay if the county creates an MSBU. They are given the ability to participate in the special assessment district as the other homeowners in the area will be required to do. He believes they should not be treated as a big development. 3 Mr. Ferguson provided a survey on the various sub-divisions located on sub-standard and non-paved roads. Mr. Ferguson stated they would agree to place in the purchase agreement for those who buy lots, the fact the homeowner would be responsible for paying the assessment (MSBU) should it occur. It is clear this road will not be paved in the near future and he believes the money should not be held for 10 years and then possibly returned should the improvement not occur. Com. Grande stated he believes these are large agricultural lots and the other sub-divisions he spoke of were larger sub-divisions with much smaller lots. Com. Dzadovsky stated a large portion of his district lives on un-paved roads and years ago they may have wanted it that way, however, today he constantly hears they want paved roads and also water. He does not see future development not paying for itself and felt he could not support this today. Mr. Ferguson stated they are talking tonight about rural development and what has been the pattern in the past and no one has stated there was a problem with the pattern. He stated the county’s sidewalk code does not require this sub-division to provide sidewalks because it is not in an urban area, it cannot receive water and must be on septic. He believes dirt roads have been sufficient in the past and believes they should continue to be. Com. Dzadovsky stated he respectfully disagreed. Com. Craft stated he had a problem with holding funds in escrow on a development they know isn’t going to be used and believes they should granted the waiver. Com. Grande stated he believes the Board should be following staff’s recommendation and the developer should pay their fair share. They require roads to be brought up to county standards and have not heard a reason as yet as to why this should not continue to be required. Com. Dzadovsky stated property rights are important however he believes everyone should be responsible to pay for what they put in place. It’s important that development should pay for itself and felt should the Sunland Gardens developer had been required to place money in escrow when it was being developed, they would have had the opportunity to tap into those funds today for their improvements. There are people in the unincorporated portion of the county who continue to ask when their roads will be paved. Com. Craft stated this was a different type of development one that is set in a rural setting and also the developer is willing to sign to the condition that the MSBU would be paid when it occurs. Com. Coward stated because this becomes an urban sprawl issue to him, he believes they need to up the standards and not lower them. He stated it is too costly to maintain a dirt road or the roads that are chipped sealed and it eventually becomes a burden to the other county taxpayers. Promoting more dirt roads is not the solution. It was moved by Com. Grande, seconded by Com. Dzadovsky to approve staff recommendation and; upon roll call, the vote was as follows: Nay: Craft, Aye’s: Coward, Dzadovsky, Grande, Lewis, motion carried by a vote of 4 to 1. Mr. Ferguson stated the policy they have adopted tonight has shut down any future developing outside the urban service boundary. Com. Coward stated maybe such development should not occur if they are not willing to pay their fair share. 4 C. GROWTH MANAGEMENT The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. The project is located on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No. 09-008 is attached. Staff is requesting that this petition be continued to April 7, 2009, at 6:00 PM or as soon thereafter. Com. Dzadovsky addressed the 2 swales in the area and questioned who owned each swale. Staff advised Com. Dzadovsky and the Board there is a 30ft drainage easement on the business park property and the second swale is on the other side by Spanish Lakes. The County does not own any of the swales. Ms. Noreen Dwyer, attorney for the applicant addressed the Board regarding this request for a continuation. Quasi Judicial- Com. Coward acknowledged meeting with the applicant. He stated he had concerns with the compatibility issue in terms of the height of the project and the neighbors and recommended working on this issue if this was going to be continued and move forward. Com. Grande stated he concurred and would like to know the square footage for a single story storage facility half the size. Com. Dzadovsky stated he the compatibility of a 6 story structure is not in line or meets what is in the business park. Com. Coward stated he wanted to let the applicant know that if they wished to move forward with this project, they needed to work on the size of the structure and modify it if they wished to obtain his vote. It was moved by Com. Dzadovsky, seconded by Com. Grande, to continue this item to April 7, 2009 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. D. PUBLIC WORKS Sunland Gardens Phase II MSBU Second Public Hearing - Continued from the 2/17/2009 Board Meeting - Agenda Item # VII – B Consider staff recommendation to adopt Resolution No. 09-048 (Attachment 1) to levy a non-ad valorem special assessment on the Sunland Gardens Phase II Municipal Services Benefit Unit; approve the preliminary assessment roll; amend the MSBU boundary; and authorize staff to proceed with construction of the project. Staff addressed the annexation issue brought forward by the residents in the area. Com. Grande commented on the fact he felt people need to be encouraged to apply for the SHIP fund assistance for this project as soon as possible. Com. Dzadovsky stated in speaking with a resident he was believed many of the Sunland Gardens residents did not qualify for assistance and could not afford the 5 project. He believes the residents should still apply for the assistance and then find out if in fact they do qualify for the assistance through Community Services. Mr. Mike Aleoda, Sunland Gardens resident, addressed the votes taken from 2004 and questioned if the residents who voted for this project are still living in the development and asked they consider another referendum vote within the development. He is not in favor of the project and would prefer to use reverse osmosis for clean water. Ms. Edith Ruthford, Sunland Gardens resident, addressed the Board and stated she needed assistance. Mr. Johnny Stovall, Sunland Gardens HOA addressed the Board in favor of having the water provided in the development, but advised the Board they are in opposition to the annexation. Mr. Herb Ellis, Sunland Gardens resident, addressed the Board in favor of the MSBU. He does not wish to have concerns with the water he would be drinking. th Mr. Escardi, 49 St. resident, addressed the drainage issue in the area. Ms. Clara François, Sunland Gardens resident, addressed the Board in favor of the project. Mr. Benjamin Midas, Sunland Gardens resident, addressed the Board in favor of the project and looks forward to having good water. Ms. Nimes, Avenue S resident addressed the Board and stated she was in need of clarity on this issue. She would like to know the actual figures since there were additional charges to be added regarding the hook up of the meter, the fee for filing the papers etc. Ms. Valerie Sheltie, addressed the Board regarding the additional fees required. Ms. Doris Brooks, area resident, addressed the Board and advised them she had not received a ballot or survey. She does not wish to have anything to do with the City of Ft. Pierce. Ms. Sharon Demps, Avenue M resident, addressed the Board in favor of the project. Mr. Jim Moses, Health Department representative addressed the Board’s questions. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 09-048, approve the preliminary assessment roll; amend the MSBU boundary; and authorized staff to proceed with the construction of the project, 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 6