HomeMy WebLinkAboutBOCC Minutes 04-07-2009
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: April 7, 2009 Convened: 6:00 p.m.
Adjourned: 11:07 p.m.
Commissioners Present: Paula A. Lewis, Charles Grande, Chris Dzadovsky, Chris
Craft, Doug Coward
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County
Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director,
Lauri Case, Utilities Director, Marie Gouin, OMB Director, Diana Lewis, Airport
Director, Debra Brisson, Parks and Rec. Director, Millie Delgado-Feliciano, Deputy
Clerk
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the March 24, 2009 meeting.
It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the
meeting held March 24, 2009, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
There are no proclamations/presentations scheduled for April 7, 2009.
V. GENERAL PUBLIC COMMENT
Mr. George Baker, area resident, addressed the Board regarding providing picnic tables
at various park locations.
Mr. John Arena, area resident, addressed the Board regarding the CD of the underwater
survey of Natural Coral Reefs and questioned when the CD would be televised on SLCTV.
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. 26 and 27.
The Board approved Warrant List No. 26 and 27.
B.COUNTY ATTORNEY
1.Agreement with Department of Corrections on Inmate Labor
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The Board approved Agreement with DOC and authorized the Chair to
sign.
2.Donation of Right-of-Way – M.C.V. Properties, Inc. – Site Plan – Oceanic
Transportation Inc. – 5 feet on Boyd Road – Resolution No. 09-104
The Board accepted the Warranty Deed, authorized the Chair to sign
Resolution No. 09-104 and directed staff to record the documents in the
Public Records of St. Lucie County, Florida.
3.Donation of Right-of-Way – Dogs and Cats Forever – 10 feet on Selvitz
Road – Resolution No. 09-107
The Board accepted the Corporate Warranty Deed, authorized the Chair
to sign Resolution No. 09-107 and directed staff to record the documents
in the Public Records of St. Lucie County, Florida.
4.Request Permission to Advertise – Notice of Public Hearing – Petition to
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abandon a portion of North 43 Street.
The Board authorized staff to advertise a Public Hearing to be held on
May 5, 2009 at 6:00 p.m. or as soon thereafter as possible.
B. COUNTY ATTORNEY CONTINUED
5.St. Lucie County Airport – Florida Power & Light Company – 15’ Utility
Easement
The Board approved the 15’ Utility Easement in favor of Florida Power &
Light Company, authorized the Chair to execute the Easement and
directed staff to record the Easement in the Public Records of St. Lucie
County, Florida.
C.SHERIFF’S OFFICE
Authorization to apply for the Recovery Act: Edward Byrne Memorial Justice
Assistance Grant (JAG) Formula Program.
This item was placed on the regular agenda.
D.PUBLIC WORKS
1. Approval of Budget Resolution No. 09-105 in amount of $1,000,000 from
South Florida Water Management District (SFWMD) for Paradise Park
Storm Water Improvements – Phase III.
The Board approved Budget Resolution No. 09-105 in the amount of
$1,000,000 from South Florida Water Management District (SFWMD) for
Paradise Park Storm Water Improvements – Phase III, and signature by
the Chair.
2. Agreement for the sale of potable water infrastructure to Port St. Lucie
Utilities
The Board approved the Agreement for the sale of potable water
infrastructure to Port St. Lucie Utilities, and authorized the Chair to sign.
3. Request for Board of County Commissioners approval of Construction
contract for Taylor Creek (Site 7) Shoreline Emergency Erosion Repair.
The Board approved awarding Taylor Creek “Site 7” Emergency Erosion
Repair to Ranger Construction, Inc. in the amount of $376,129.65,
establishment of the Project budget outlined, and authorized the Chair to
sign the contract as approved by the County Attorney.
4. Approval of amended Schedule “A” for Contract C03-02-208 with
Municipal Software Corporation.
The Board approved the amended Schedule “A” to Contract C03-0-208
with Municipal Software Corporation for annual license renewal and the
suspension of twenty licenses in the amount of $28,240.00 and
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authorized the Chair to sign the amended Schedule “A” as prepared by
the County Attorney.
5. Final Release of Surety for KMJ Apartments, LLC
The Board approved to conditionally accept the improvements.
6. Sunland Gardens Phase II Municipal Services Benefit Unit (MSBU)
Restrictive Covenant Agreements.
The Board approved the referenced Restrictive Covenant Agreements.
E.COMMUNITY SERVICES
1.Interlocal Agreement between St. Lucie County Board of County
Commissioners and the Fort Pierce Redevelopment Agency (FPRA) for
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the Avenue D & 8 Street Intermodal Transfer Facility.
This item was pulled from the agenda.
2.Federal Transit Administration (FTA) grant and Council on Aging Inc.
grant agreement.
The Board accepted the FTA 5309 Grant FL 04-0069-00, approval of
Budget Resolution No. 09-112 and the Subgrant agreement with the
Council on Aging of St. Lucie, Inc. and authorized the Chair to execute
the documents.
3.Federal Transit Administration (FTA) and grant agreement with Council
on Aging of St. Lucie, Inc.
The Board accepted the FTA 5307 Grant FL 90-X684-00; approved
Budget Resolution No. 09-113 and the sub-grant agreement with the
Council on Aging of St. Lucie, Inc.; authorized the Chair to execute
documents.
4.Resolution No. 09-099 to modify the St. Lucie County Hurricane Housing
Recovery Program (HHR) Housing Assistance Plan (HAP).
The Board adopted Resolution No. 09-099 to modify the St. Lucie County
HHR Program HAP and authorized staff to send the modification to
Florida Housing Finance Corporation for approval.
5.Second Amendment to C07-01-021 with Cortez Townhomes, L.L.C. and
Gregg R. Wexler correcting a scrivener’s error to the contract expiration
date from June 30, 2008 to June 30, 2009.
The Board approved the Second Amendment to C07-01-021 with Cortez
Townhomes, L.L.C. and Gregg R. Wexler correcting a scrivener’s error to
the contract expiration date and authorized the Chair to sign the Second
Amendment.
F.HUMAN RESOURCES
Request approval of reclassification of Sr. Staff Assistant pay grade 14 to
Executive Assistant pay grade 16 in the Environmental Resources Department.
The Board approved the reclassification to Executive Assistant pay grade 16 from
Sr. Staff Assistant pay grade 14.
G.AIRPORT
1. Request approval of Resolution No. 09-111 accepting the Florida
Department of Transportation (FDOT) Joint Participation Agreement
(JPA) #426457-1-94-01 in the amount of $25,000 (80% FDOT share)
with a 20% local match of $6,250 for a total project cost of $31,250 to
fund the LED lighting upgrade for the new runway project at St. Lucie
County International Airport.
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The Board approved Resolution No. 09-111 accepting the Florida
Department of Transportation (FDOT) Joint Participation Agreement
(JPA) #426457-1-94-01 in the amount of $25,000 (80% FDOT share)
with a 20% local match of $6,250 for a total project cost of $31,250 to
fund the LED lighting upgrade for the new runway project at St. Lucie
County International Airport, and authorized the Chair to designee to
execute the same.
G. AIRPORT CONTNUED
2. Request approval of the Second Amendment to Work Authorization 14
for professional services by Masteller and Moler, Inc. for a lump sum
amount not to exceed $36,800 for the design, bidding and construction
services on the second phase of the Airport West Commerce Park
Sanitary Sewer project at the St. Lucie County International Airport.
The Board approved the Second Amendment to Work Authorization 14
for professional services by Masteller and Moler, Inc. for a lump sum
amount not to exceed $36,800 for the design, bidding and construction
services on the second phase of the Airport West Commerce Park
Sanitary Sewer project at the St. Lucie County International Airport, and
authorized the Chair or designee to execute same.
3. Budget Resolution No. 09-075 establishing an Airport fund to accept
proceeds from the sale of Airport land to the Port for use as a spoil site
for the Taylor Creek Restoration project.
The Board approved Budget Resolution No. 09-075 establishing the
Airport fund to accept the proceeds from the sale of Airport land to the
Port for use as a spoil site for the Taylor Creek Restoration project, and
authorized the Chair or designee to execute same.
H.GROWTH MANAGEMENT
The Board authorized staff to advertise proposed Ordinance No. 09-015 for a
public hearing before the Board of County Commissioners on April 28, 2009
beginning at 9:00 a.m. or as soon thereafter as may be heard.
END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
A.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.
Pursuant to Section 11.02.05.F of the LDC, the DRC staff stands by the previous
determinations that this proposed Major Adjustment to a Final PNRD Site Plan is
not in substantial conformity to the previously approved Final PNRD Site Plan for
the St. Lucie Business Park and therefore recommends that this application be
remand back to the Development Review Committee to revise the proposed
building to reduce the overall height, size and mass of the building.
Ms. Noreen Dwyer, Ruden McCloskey, representing the petitioner, addressed the
Board and gave an overview of the project and the history indicating the reason
for their request of the zoning.
Mr. Norm Shulman, applicant addressed the Board and advised them after
reviewing the cost analysis of the project there was a reduction in the
construction cost which gave them the opportunity to remove one story from the
project. However he indicated everything else would remain the same.
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Com. Dzadovsky requested information regarding the drainage proposal.
Mr. Randy Rogers, Engineer for the project presented an overview of the
drainage proposal for the project.
Com. Coward stated his main concern with the project was the magnitude. The
site plan approval was for 26,000 square foot building and this proposal is for
over 100,000 square feet. He believes they need to scale it back for it to be
compatible with the area and the neighbors. He is in favor of the project and
would like to work with the applicant and come to a compromise to move the
project forward.
Mr. Shulman stated if he reduced the size of the structure any further would not
make it economically feasible.
Com. Coward stated he did not object to the square footage but objected to the
height of the building.
Com. Craft recommended it be remanded back to the DRC with the stipulation
that they will work with the applicant and bring it back to the Board.
Ms. Ann Morrison, Spanish Lakes Homeowners Association representative
addressed the Board and stated that in her opinion Palm Trees are not
considered good buffers. She believes residents should not have to wake up
looking at a concrete wall. She also stated there were too many storage facilities
in the county and felt the county did not need an additional one.
Father Bernie Sheffield, resident of Spanish Lakes addressed the Board and
advised them he had not received the letter indicating this project was being
proposed. He indicated his objection to a six story building and expressed his
concerns regarding the drainage of the swale.
It was moved by Com. Grande, seconded by Com. Dzadovsky to approve staff
recommendation to remand this application back to the Development Review
Committee for further consideration with the hope the applicant and the staff
consider comments and information that have been put on the table tonight and
also to apply maximum flexibility to achieve the reduction in height and square
footage, and the buffer; upon roll call, motion carried unanimously.
B.GROWTH MANAGEMENT
St. Lucie County has initiated an amendment to the Development Order of a
previously approved Development of Regional Impact: The Reserve DRI,
through the Notice of Proposed Change (NOPC) process. The Developer is
Kolter.
Consider staff recommendation to:
1) To determine if the County’s application for a Substantial Deviation from the
previously approved development order for the Reserve-DRI (Development of
Regional Impact) will create additional regional impacts that were not previously
reviewed according to Chapter 380.06, Florida Statutes;
The Planning Manager addressed the Board and provided a brief history on the
DRI.
Com. Dzadovsky requested it be made clear that no areas of vegetation
permitted will not be cleared prior to any construction.
Ms. Pam Hammer, Reserve resident thanked the Board and staff for their
diligence during this process.
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B. GROWTH MANAGEMENT CONTINUED
2) To accept the Treasure Coast Regional Planning Council Report and Findings,
and document that Council has no objection to the proposed DO amendments
described in the Substantial Deviation application dated December 3, 2008 and,
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3) To adopt draft Resolution No.: 09-016 which is the Ninth Amendment to the
Development Order to the Reserve DRI which provides for the amendments
required by the Settlement Agreement dated January 17, 2007. (Section E)
It was moved by Com. Grande, seconded by Com. Coward to approve staff
recommendation, and; upon roll call, motion carried unanimously.
C.GROWTH MANAGEMENT
Petition of “Selvitz Road Properties LLC” for an Amendment to the Official Zoning
Atlas
Consider staff recommendation to adopt Draft Resolution No. 09-009 denying
the request.
Mr. Brad Curry, Land Design and representing the applicant addressed the
Board on this item and stated he was looking to have a decision on this issue.
Com. Craft stated he would like to hear comments from the City of Ft. Pierce
before he takes a position on this issue.
Com. Grande stated he was not opposed to straight zoning, but the applicant
is here proposing straight zoning and an incredible gift from St. Lucie County
a five fold increase in density
Mr. Roy Royce, representing Helena Chemicals, addressed the Board in
opposition to this request. He requested the Board reject this request. He
believes residential development is not compatible with the industrial use in
the area. Selvitz Road is very busy and constantly has large trucks coming in
and out of Helena Chemicals.
Com. Coward stated if they were to come forward with a straight zoning
which their property rights today. They could submit a site plan that would
only need to be approved by staff. The Board has asked for proper planning
and felt this was not much to ask.
It was moved by Com. Grande, seconded by Com. Coward, to adopt
Resolution No. 09-009 denying the request, and; upon roll call, motion carried
unanimously.
D.UTILITIES
Adoption of Resolution 09-125 authorizing the adjustment of water, wastewater,
and reuse utility rates, fees, and charges for customers within the St. Lucie
County Water and Sewer District.
Consider staff recommendation to approve the adoption of Resolution No. 09-
125 authorizing the adjustment of water, wastewater, and reuse utility rates,
fees, and charges for customers within the St. Lucie County Water and Sewer
District.
The Utilities Director addressed the Board on this item.
Mr. Dan Anderson, CDM Consultant for Utilities addressed the Board and
reviewed the proposed rate increases.
Mr. Anderson recommended the Board approve Table 4 it being the least amount
to impact the rate payers at this time.
Ms. Kathy Dwyer, Indian River Estates addressed the Board regarding the base
rate being imposed for potable water. Ms. Dwyer alluded to the minutes of a
prior meeting where she stated Indian River Estates was not listed and then on
the Resolution it was listed. She believes Indian River Estates may not have
been discussed. She also addressed updated information received from the
county stated they would pay the base rate of $29.00. She had requested a
breakdown of this base fee and to date has not received the information. She
also addressed a response from the County Attorney.
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The County Attorney stated the answer he provided was regarding the special
assessment not the rates used to support the basic water charge.
Com. Craft addressed the issue of when they were looking for a bulk water
partner. Port St. Lucie wanted to be the sole provider of the water, they did not
want a bulk water agreement.
Ms. Dwyer alluded to a letter she had received stating the City of Port St. Lucie
indicated they had a deadline, however she did not have the letter available at
tonight’s meeting.
Com. Coward requested the date of the official final approval from the Board.
The MSBU Assistant stated in minutes for the 2005 meeting they alluded to the
Utility Resolution indicating the consolidation of districts and did not have
anything to do with the MSBU. The Board approved to proceed with the MSBU
in 2004 with the bulk water being provided by FPUA.
Ms. Dwyer stated they were informed they would be independent. She
understands water rates increase they are opposing the base facility fee.
Com. Coward questioned where the base facility goes.
The Utilities Director stated the fees are used for fixed variable costs such as
debt (not the 10 million debt), insurance and some payroll costs. The smaller
the base of customers the higher the rate along with the other cities have built
their utility plant with grants. The county purchased existing plants.
Ms. Devon Zaia, Indian River Estates resident addressed the Board regarding the
rate increase and the base facility charge which she felt was too high.
Mr. Ron Borne, Pine Tree Drive addressed the Board regarding the increase after
2010 which could reach 40% by 2013.
Mr. Russ Erickson, Lakewood Park resident addressed the FPUA rates and stated
they were too high and stated many residents in Lakewood Park are on fixed
incomes and cannot afford increased rates.
Mr. Charles Cuomo, Indian River Estates resident, addressed the Board and
requested early disclosure of specific details when such projects are being
presented to the public. The county may need to look to see if they have an
efficient system that would keep the costs down.
Com. Dzadovsky commented on his position being he believed they needed to
have a regional facility. He asked the Utilities Director how many employees she
had.
The Utilities Director stated they had 9 employees for over 12,000 customers.
Com. Dzadovsky commended the Utility Director for being able to keep the costs
down as much as possible.
Ms. Devon Zaia asked the Board to compare them to the smaller towns and their
costs.
Ms. Margaret McCorder, area resident, addressed the Board and stated she was
not informed of the base rate when she applied for her permit. She stated she
did not expect growth to help the cost after 2011.
The Utilities Director advised the Board of other projected utility customers in the
future.
Com. Coward questioned if there was a growth rate built into the figures.
Mr. Anderson stated they had not factored any growth rates in the figures.
Com. Coward stated he felt this was then a worse case scenario.
Com. Craft stated before he would even consider an MSBU in Lakewood Park the
costs would need to come down. Presently the costs are estimated at $10,000
per household.
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It was moved by Com. Dzadovsky, seconded by Com. Craft (for discussion) to
support staff recommendation, “Table No. 4” as the proposed rate increase,
and; upon roll call, the vote was as follows:
Com. Craft stated it was his opinion that table 3 would make more sense for the
rate payers and the stability of the utility. He expressed his concern with what
would happen if they did not meet the bond covenants.
Mr. Jay Globber, County Financial Advisor firm, stated there needs to be a plan
before approaching a rating agency and the best scenario would be to come into
compliance as soon as possible. The county has made all of its payments on the
bond and the bond holders have been made whole to date, the only violation is
on some of the covenants (default).
Aye’s: Coward, Grande, Dzadovsky, Lewis; Nay’s: Craft, motion
carried by a vote of 4 to 1.
END OF PUBLIC HEARINGS
REGULAR AGENDA
VIII. SHERIFF’S OFFICE
Request authorization to apply for the 2009 COPS Hiring Recovery Program Grant
Consider staff recommendation to approve the St. Lucie County Sheriff’s Office
submission of the 2009 COPS Hiring Recovery Program Grant (CHRP) electronic
application.
The Board asked if this grant would be eligible to be used for the SRO program.
The Chief Deputy stated the grant is not eligible for the SRO program only for
new positions or positions that were laid off. In the past they had used the grant for
equipment not for re-occurring payroll needs.
It was moved by Com. Grande, seconded by Com. Coward, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
C6C- SHERIFF’S OFFICE
Authorization to apply for the Recovery Act: Edward Byrne Memorial Justice Assistance
Grant (JAG) Formula Program
Consider staff recommendation to approve the St. Lucie County’s Sheriff’s office
Submission of the electronic application for the Recovery Act: Edward Byrne Memorial
Justice Assistance Grant
It was moved by Com. Grande, seconded by Com. Craft, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
BOARD COMMENTS
Com. Dzadovsky advised the Board and those present of a donation made by the Major
League Baseball Foundation for rennovation of two baseball fields at Martin Luther King
Dreamland Park in the amount of $39,000.
Com. Coward stated the donation was actually made by the Players Association.
Com. Grande thanked Karen Taylor, Animal Control for attending the City of Ft. Pierce
Commission meeting regarding the county’s program.
Com. Coward stated he would like to have discussions on this issue in the future. He
believes there are some differences between the city and the county regarding the
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program that need to be discussed.
Com. Grande advised the Board the Provinces issue on the City of Ft. Pierce Commission
meeting was taken off the agenda
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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