HomeMy WebLinkAboutBOCC Minutes 02-10-2009
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: February 10, 2009 Convened: 9:00 a.m.
Adjourned: 11:45 a.m.
Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Craft, Chris
Dzadovsky, Doug Coward
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County
Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Debra Brisson,
Parks and Recreation Director, Lauri Case, Utilities Director, Jack Southard, Public Works Director,
Beth Ryder, Community Services Director, Roger Shinn, Central Services Director, Diana Lewis,
Airport Director, Jim David, Mosquito Control Director, Mark Satterlee, Growth Management
Director, Millie Delgado-Feliciano, Deputy Clerk
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I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the February 3, 2009 meeting.
It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting
held February 3, 2009, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. Year In Review presentation by Chief Ron Parrish of the St. Lucie County Fire
District
B. Resolution No. 09-038 - Recognizing the $5,000 contribution from Mr. Bob
Herbst, Jr. to the St. Lucie County Artificial Reef Program for the creation of two
underwater reefs that were created by the deployment of materials in the ocean
the last week of August 2008, and naming the 90 foot deep reef as the "Bob
Herbst, Sr. Reef" and naming the 55 foot deep reef as the "Bob Herbst, Jr. Reef."
Consider staff recommendation to adopt Resolution No. 09-038 as drafted.
It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve
Resolution No. 09-038, and; upon roll call, motion carried unanimously.
C. Resolution No. 09-039 - Recognizing Mr. Bob Herbst, Jr. for his $5,000
contribution to the Snook Foundation, recognizing the Snook Foundation for
overseeing the distribution of the funds for the deployment of the Tug Lee on
September 17, 2008, and further, naming the reef the "Tug Lesley Lee Reef."
Consider staff recommendation to adopt Resolution No. 09-039 as drafted.
It was moved by Com. Coward, seconded by Com. Grande, to approve
Resolution No. 09-039, and; upon roll call, motion carried unanimously.
D. Resolution No. 09-050 – Supporting Efforts of the Florida Association of Counties
to Protect Counties from Unfunded Mandates.
Consider staff recommendation to adopt Resolution No. 09-050 as drafted.
It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve
Resolution No. 09-50, and; upon roll call, motion carried unanimously.
E. Resolution No. 09-049 – Proclaiming February 11, 2009 through February 17,
2009 as “2-1-1 Awareness Week”
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Consider staff recommendation to adopt Resolution No. 09-049 as drafted.
It was moved by Com. Craft, seconded, by Com. Grande, to approve Resolution
No. 09-049, and; upon roll call, motion carried unanimously.
F. Resolution No. 09-051 – Supporting Adequate State Funding For Education
Consider staff recommendation to adopt Resolution No. 09-051 as drafted.
It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve
Resolution No. 09-051, and; upon roll call, motion carried unanimously.
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G. County Administrator announced the Employee of the 4 Quarter for 2008, Mr.
Wayne Davis from the Utilities Department.
H. Mark Godwin, Criminal Justice Coordinator will present the 2008 Detention
Center Population Report.
V. GENERAL PUBLIC COMMENT
Mr. Joseph Patroni, Port St. Lucie resident, addressed the Board and commended the
Fire District for their assistance during a personal emergency. He also addressed the
Mosque project scheduled for public hearing on February 17, 2009. He expressed
concern regarding someone speaking under public comments as a resident and then
in a following meeting identifying himself as the agent for the petitioner. He asked
the Board if this was appropriate. He recommended when the Mosque item comes
before the Board again to consider having P & Z members in attendance.
Com. Dzadovsky expressed concern with anyone attempting to make this a specific
religion issue.
The County Attorney stated these issues should be addressed at the public hearing
scheduled for February 17, 2009 at 6:00 p.m. or as soon thereafter as it may be
heard.
Com. Craft commented on the possibility of having an ICE facility to house illegal
immigrants in the community once they are picked up if the county provides the
property. The federal government would pay the county $15.00 per inmate per day
to house them.
It was the consensus of the Board to direct staff to investigate this option.
Com. Dzadovsky requested the Board ratify his appointments to the following Boards.
Toby Philapart – re-appointment to the Housing Finance Authority
Scott VanDuser- Recreation Advisory Board
It was moved by Com. Coward, seconded by Com. Grande to ratify the above
appointments, and; upon roll call, motion carried unanimously.
VI. CONSENT AGENDA
It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the Consent Agenda,
and; upon roll call, motion carried unanimously.
A.WARRANTS
Approve warrant list No. 19.
B.COUNTY ATTORNEY
Resolution No. 09-040 – Opposing Senate Bill 630, which, if passed, would
prohibit St. Lucie County from imposing or collecting any Impact Fees for any
purpose for a three year period from October 1, 2009, through September 30,
2012 in St. Lucie County, Florida.
The Board adopted Resolution No. 09-040 as drafted.
CENTRAL SERVICES
C.
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Second Amendment to Contract #C06-01-041 with Hennis Construction
Company, Inc., for quarterly maintenance on the high security doors located at
the Rock Road Correctional Facility.
The Board approved the Second Amendment to Contract #C06-01-041 with
Hennis Construction Company, Inc., for quarterly maintenance on the high
security doors located at the Rock Road Correctional Facility. The Second
Amendment will renew the contract for one (1) additional one-year term and
extend the contract through February 18, 2010. The Board authorized the Chair
to sign the Amendment as prepared by the County Attorney.
D. PARKS AND RECREATION
1.Permission to apply for a Summer Basketball Camp Grant and Swim
Lessons Scholarships Grant.
The Board approved the grant applications to the Children’s Services
Council of St. Lucie County for a summer basketball camp at the Fenn
Center and swim lessons scholarships grant, authorized acceptance of
the funds, if approved, and authorized the Chair to sign the Grant
Agreements.
2.Request for approval to serve alcohol at White City Park.
The Board approved Michelle Spurlock’s request to serve alcohol during
her wedding/reception at White City Park on February 21, 2009.
E. PUBLIC SAFETY
Request to approve the agreement with Dave’s Communications, a local sole
source vendor, to prepare 800 MHz radio infrastructure, run fiber and phone
lines from the new 800 MHz radio building to the new Emergency Operations
Center in the amount of $72,852.00.
The Board approved the agreement with Dave’s Communications, a local sole
source vendor, to prepare 800 MHz radio infrastructure, run fiber and phone
lines from the new 800 MHz radio building to the new Emergency Operations
Center in the amount of $72,852.00 and authorized the Chair to sign.
F. GRANTS
Staff recommends Board acceptance of a grant award from the South Florida
Water Management District (SFWMD) in the amount of $574,600 toward the
costs associated with acquiring specific parcels associated with the Harbor
Branch project and approval of the related Budget Resolution No. 09-044.
The Board accepted the grant award from the South Florida Water
Management District in the amount of $574,600 toward the costs
associated with acquiring specific parcels associated with the Harbor Branch
project and approved the related Budget Resolution No. 09-044.
G. PUBLIC WORKS
Approval of Local Governmental Agreement #4600001575 with South Florida
Water Management District (SFWMD) in the amount of $1,000,000.00 and
Resolution No. 09-033. Local match of $1,000,000 (50%) for Paradise Park
Storm Water Improvements – Phase 3, estimated total project cost of
$2,000,000.
The Board approved the Local Governmental Agreement with South Florida
Water Management District (SFWMD) in the amount of $1,000,000.00 for
Paradise Park Storm Water Improvements – Phase 3, and Resolution No. 09-033,
and signature by Chair.
H. SUPERVISOR OF ELECTIONS
Federal Election Activities agreement
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The Board approved the Budget Amendment in the amount of $42,403.83 in
order to accommodate the Federal Election Activities fund.
I. AIRPORT
Budget Resolution No. 09-042 establishing the fund for the Florida Department
of Transportation (FDOT) Joint Participation Agreement (JPA) #424991-1-1-94-
01 in the amount of $721,600 (80% FDOT share) with a 20% local match share
of $180,400 for a total cost of $902,000 to assist in the purchase of the 29-acre
parcel south of Runway 9L/27R at the St. Lucie County International Airport.
The Board approved Budget Resolution No. 09-042 establishing the fund for the
Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA)
#424991-1-1-94-01 in the amount of $721,600 (80% FDOT share) with a 20%
local match share of $180,400 for a total cost of $902,000 to assist in the
purchase of the 29-acre parcel south of Runway 9L/27R at the St. Lucie County
International Airport, and authorized the Chair or designee to execute same.
J. MANAGEMENT AND BUDGET
1. Purchasing Division - Board approval of the Seventh Amendment to
Contract C06-07-407 with Hulett Environmental Services for County pest
control services.
The Board approved the Seventh Amendment to Contract C06-07-407
with Hulett Environmental Services removing the Ft. Pierce Community
Center and adding the Havert L. Fenn, and granted permission for the
Chair to sign the amendment as prepared by the County Attorney.
2. Purchasing Division - Board approval of the Assignment of Contracts
from Boyle Engineering Corporation (C07-05-255, C07-06-336, C07-07-
381, C05-04-190 and C05-04-177) and DMJM Aviation, Inc. (C07-04-
251) to AECOM USA, Inc.
The Board approved the Assignment of Contracts from Boyle Engineering
Corporation and DMJM Aviation, Inc., to AECOM USA, Inc., and granted
permission for the Chair to sign the assignments as prepared by the
County Attorney.
3. Purchasing Division - Award of Letter of Interest (LOI) #09-008 for
Community Housing Development Organizations (CHDO) to act as a
developer, sponsor and owner of housing as part of the HOME
Investment Partnership Grant received by St. Lucie County - Community
Services Department.
The Board approved awarding LOI #09-008 for Community Housing
Development Organizations (CHDO) to act as a developer, sponsor and
owner of housing as part of the HOME Investment Partnership Grant
received by St. Lucie County to the top ranked proposer, Sunrise City
Community Housing Development Organization of Fort Pierce, Florida
and granted permission for the Chair to sign the contract as prepared by
the County Attorney.
J. MANAGEMENT AND BUDGET CONTINUED
4. Award of Alcohol and Drug Abuse Mini Grant funds.
The Board approved awarding grant funds in the amount of $48,428.00
to the seven applicants; and authorized the County Attorney's Office to
draw up the appropriate contracts for the Chair's signature.
END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
Silver Oaks – The Board to consider Draft Development Agreement DVA 09-002,
approving an agreement between Lennar Homes, LLC and St. Lucie County – This is the
first of two public hearings of Lennar Homes, LLC Development Agreement DVA 09-002.
The only action the Board needs to take at this time is to set a day, time and place for
the second hearing.
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Staff recommends the second public hearing be held at 6:00 p.m., or as soon thereafter
as possible, on February 17, 2009.
The Growth Management Director addressed the Board on this item and stated based on the
added contributions and the various issues addressed in the agreement, they were in support of
this request for an extension of the developer’s agreement. He provided a brief history of the 2
extensions which had been provided previously.
The County Senior Planner for the project addressed the changes to the agreement.
Com. Coward stated this was the third different plan before the Board and he believes this plan
now has reduced the amount of units per acre. The original plan that had been approved had
many more development units. They now have down-zoned this project on two occasions. They
have reduced the entitlements they had secured.
The Senior Planner stated in August 16, 1994 the project was called Porta Holdings and they had
been approved for 422 single/multi family homes, 2.71 acres. It is now 2.09 units per acre.
The two units per acre is presently less than the units per acre at the Savanna Club and Spanish
Lakes developments.
Com. Dzadovsky expressed his concerns with the density and the area being quite wet and the
flooding that occurs when there are storms. He believes any development will impact the area
due to the flooding problem. He believes not building on this property would be a benefit to the
county.
Ms. Cynthia Angelos, representing the applicant addressed the Board and stated the developer’s
agreement gives an alternative access option through Prima Vista Boulevard. The purpose of the
developer’s agreement is to extend the PUD site plan. It does not bind the county to the
Lennard Road extension if this was a concern.
Ms. Angelos addressed the contribution towards Midway Road which was not a previously part of
the approval. There would be a dedication and regardless when or if the county does develop
Lennard road the dedication is irrevocable. She also addressed the property to be kept in
perpetuity.
Com. Grande stated he was surprised to see this item come back due to the fact it is now being
actively marketed for sale.
Com. Coward stated he agreed that the benefit would be that the development not be built
however, there are property rights issues here and the MSBU issue was clear from the beginning
that the developers would be paying for those improvements.
Com. Dzadovsky asked what would happen if the developer went bankrupt. He believes if this
property did go bankrupt the taxpayers would pick up the tab.
Com. Coward stated he believed this should issue should not be based on the MSBU since it is
not being considered at this time or formally presented. They have not decided to move forward
with the SAD at this time.
Com. Grande stated this was not an approval of this particular site plan that was approved what
they are looking at is whether or not they should let it expire.
Com. Coward commented on the land use map and what they have inherited. What they are
talking about today is a site plan that now has two units to an acre at a land use category that
allows up to 5 units to an acre.
Public Comments
Mr. Joel Jeffrey, Savanna Club resident, addressed the Board and expressed his reservations
about the need for any construction of homes in the county at this time. He advised the Board of
various change in owners and requested the Board not grant the extension.
Mr. John Eubanks, Savanna Club resident, addressed the Board and stated the county presently
has a large inventory of empty homes and his main concern is who will purchase this property
and what they may build on it.
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Com. Coward stated the previous speaker stated this development would cause more impact on
the road. They need to have an alternative and to this point he has not heard of one. The traffic
trips coming out of the Savanna Club development warrants it to be constructed per the Savanna
Club’s development order.
Ms. Leslie Garman, Bobcat Run resident, addressed the Board and advised them the area is very
wet and is concerned how much more water will be present if they build on it since the project
will be higher than her property. She expressed her concern with the damage to wetlands and
the property.
Ms. Josephine Rinehart, Savanna Club resident, addressed the Board in opposition to the project
and asked the road extension not be constructed and asked the Board not approve the
extension.
Mr. Darrell Lieberman, Savanna Club resident, addressed the Lennar advertising and believes the
property owner does not really want to build. He would like to keep his area pristine and
expressed his concerns with the water problems in the area.
Mr. Eubanks stated they manage their traffic very well and are 19 homes away from build out at
the Savanna Club.
Com. Lewis stated this development was previously approved and has been discussed to great
lengths before her time on the Board. She finds her options are limited after looking at the land
use map and reminded everyone that they are discussing the developer’s agreement today.
They need to decide what is in the best interest of the community when dealing with an already
approved project.
Com. Grande addressed the land use map and stated the question is, is this the best use of the
land the county could get or do they allow the PUD to expire and have a new plan brought forth
by a new developer if there should be one. He believes allowing it to expire would give the
county the opportunity to hear new options for the area and he would like to move forward to
have this opportunity to decide.
Com. Dzadovsky stated his stance is not on the Lennard Road project and he does appreciate
and support property rights and because other developments have been constructed does not
mean it takes away those rights. His concerns are with the flooding problem and he would like
to review the MSBU process with the County Engineer and discuss with him what would happen if
the developer goes bankrupt and who would hold the cost of the MSBU.
The County Engineer addressed Com. Dzadovsky’s questions regarding the MSBU’s of Lennard
Road. He stated they would be bringing this issue back to the Board sometime this year due to
the fact it needs to be re-bid due to change in construction costs which t hey believe would be
less. If the Board decides to levy the assessment then all those property owners benefiting from
this would be assessed on their ad valorem tax bill. If there is a bankruptcy the property owner
would still be responsible for the assessments.
Com. Coward stated he wanted to let those residents in Savanna Club that their development
was designed around the right of way that was already there before anyone moved in. This
roadway has been in the county’s long range transportation plan for 30 years and is directly tied
to the development order capacity tied to the trips the Savanna Club residents are currently
making. He also addressed e-mails he has received regarding this issue.
No action necessary. The second public hearing is scheduled for February 17, 2009 at 6:00 p.m.
or as soon thereafter as it may be heard.
Com. Lewis addressed a letter received from Vice Mayor Kelly, City of Port St. Lucie regarding a
request to organize a Port St. Lucie/St. Lucie County Local Economic Summit.
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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