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HomeMy WebLinkAboutBOCC Minutes 05-19-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 19, 2009 Convened: 6:00 p.m. Adjourned: 7:30 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Dzadovsky, Doug Coward, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Marie Gouin, OMB Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Bill Hoeffner, Grants Resource/Disaster Projects, Mike Powley, County Engineer, Millie Delgado- Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 12, 2009 meeting. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve the minutes of the meeting held May 12, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for May 19, 2009. V. GENERAL PUBLIC COMMENT Ms. Sudy Perez-Lizano, area resident, addressed the Board regarding a suit she filed against the County’s Growth Management Department. Ms. Lizano stated she had been before The Honorable Judge Barnes and he had informed her that she was in the wrong place for the handling of such an issue and directed her to the Board of County Commissioners. She advised the Board the reason for her suit and requested her application fees be refunded. The Chairperson directed Ms. Lizano to contact her office so she can schedule an appointment and she can direct her to the correct person to handle this issue. Mr. John Arena, area resident addressed the Board regarding many developers from out of town coming to St. Lucie County. He also addressed a marine company wishing to donate a barge as an artificial reef. Ms. Christine Epps, Executive Round Table, addressed the Board and wished to publicly thank the Board for their support. She commended Com. Dzadovsky for his support of the Kids at Hope initiative. He assisted in providing a way for the leaders to attend the necessary training. Mr. Jeff Furst, Property Appraiser, addressed the Board and presented the preliminary report on the county’s roll for this coming budget year. He stated overall it was down 17%, with new construction it would be a reduction of $3.6 billion, and without the new construction it would be closer to 19%. 1 Mr. Craig Mundt, Hutchinson Island resident, addressed the Board regarding problems at Pepper Park. There are large groups violating the parking and several fights have broken out where the Sheriff had to be called. The County Administrator advised the Board she has a meeting with the Sheriff to work out strategy on the issue. Mr. Terry Cooper, area resident, addressed the Board requesting vindication for something he is being accused of. He requested a public apology. Com. Lewis expressed her apologies to Mr. Cooper if comments made were misunderstood and offensive. Mr. Cooper requested his vindication in writing and requested the letter state he was correct and the county was not. Com. Coward recommended sending a letter to the property owner requesting they fulfill what they had promised. Com. Dzadovsky concurred with this recommendation. Staff was directed to draft the letter. VI. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A.WARRANTS Approve warrant list No. 33 The Board approved Warrant List No. 33. B.COUNTY ATTORNEY 1. Florida Communities Trust – Harbor Branch Preserve/FCT Project 07-027-FF7 – Option Agreement for Sale and Purchase The Board approved the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels, authorized the Chair to execute the Option Agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 2. Walton Road Annex – Second Amendment to Facilities Use Agreement with Port St. Lucie Historical Society, Inc. The Board approved the proposed Second Amendment to the Facilities Use Agreement with Port St. Lucie Historical Society, Inc. and authorized the Chair to sign the Second Amendment. 3. Revocable License Agreement to install monitoring well in the right of way of Range Line Road The Board approved the Revocable License Agreement, authorized the Chair to sign the Revocable License Agreement and directed Chem-Tex Supply Corporation to record the document in the Public Records of St. Lucie County, Florida. C.PUBLIC WORKS 1. Gator Trace Boulevard The Board approved the conditional acceptance of the road improvements and releases the surety pursuant to Chapter 11.04.01 of the St. Lucie County Land Development Code and accepted the Maintenance Agreement together with the surety in the amount of $589.43 for a period of one year and 30 days. 2 2. White Way Dairy Road The Board approved to declare an emergency at the White Way Dairy Road crossing of 5-Mile Creek and utilize emergency bidding procedures along with the Local Preference Ordinance. 3. Lakewood Park Drainage Improvements The Board approved the Third Amendment to Work Authorization No. 16 in the amount of $13,112, and authorized the Chair to sign contract documents as approved by the County Attorney. D.PUBLIC SAFETY 1. Change Order No. 2, Jacquin & Sons, Inc., Contract # C08-01-029, construction of the new Emergency Operations Center. The Board approved Change Order No. 2 to #C08-01-029, Jacquin & Sons, Inc. increasing the amount by $31,528.82 and the contract time by 85 days and authorized the Chair to sign the documents as approved by the County Attorney. The new contract sum will be $8,610,199.62 and the date of completion will change to May 31, 2009. 2. Certificate of Public Convenience and Necessity (CON) – Renewal of All County Advanced Life Support Transport Service. The Board approved the renewal of All County Advance Life Support Transport Service application and authorized the Chair to sign the documents as approved by the County Attorney. 3. Certificate of Public Convenience and Necessity (CON) – Renewal of Community Transit for Wheelchair Vehicle Service. The Board approved the renewal of Community Transit Wheelchair Vehicle Service application and authorized the Chair to sign the documents as approved by the County Attorney. 4. Certificate of Public Convenience and Necessity (CON) – Renewal of Port St. Lucie Volunteer Ambulance Advanced Life Support Transport Service. The Board approved the renewal of Port St. Lucie Volunteer Ambulance Advance Life Support Transport Service and authorized the Chair to sign the documents as approved by the County Attorney. D. PUBLIC SAFETY CONTINUED 5. Certificate of Public Convenience and Necessity (CON) – Renewal of St. Lucie County Fire District Advanced Life Support Service. The Board approved the renewal of St. Lucie County Fire District Advance Life Support Transport Service and authorized the Chair to sign documents as approved by the County Attorney. E. COMMUNITY SERVICES Small Cities Community Development Block Grant (CDBG) contract The Board approved to accept the contract between St. Lucie County and the Florida Department of Community Affairs for the amount of $750,000, approval for Budget Resolution No. 09-167 and authorized the Chair to sign the contract as approved by the County Attorney. F. CENTRAL SERVICES Contract with Richmond Electric for installation of voice and data cabling 3 The Board approved entering into a contract with Richmond Electric, in the amount of $43,687.94, for the installation of voice and data cabling in the Old Courthouse Renovation Phase I, and authorized the Chair to sign the contract as approved by the County Attorney. G. AIRPORT Runway Rehabilitation Grant Application The Board approved the submittal of a grant application to the Federal Aviation Administration (FAA) to construct the runway rehabilitation project at the St. Lucie County International Airport for a cost not to exceed $4,144,545. H. SHERIFF’S OFFICE ADDITION TO THE AGENDA - Permission to Apply for the 2009 COPS Secure Our Schools Grant (SOS) The Board approved the St. Lucie County Sheriff’s Office to submit the 2009 COPS Secure Our Schools Grant electronic application and authorized the electronic submission of the required signatures. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A.COUNTY ATTORNEY Resolution No. 09-163 - Five Mile Creek at Whiteway Dairy Road Project – St. Lucie County Economic Stimulus Project Consider staff recommendation to approve proposed Resolution No. 09-163. The County Attorney advised the Board of a correction to the Resolution in section B. The change was to delete the words “competitive quotes” and insert “sealed bids”. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 09-163 as amended, and; upon roll call, motion carried unanimously. B. GROWTH MANAGEMENT Seahorse Beach Bungalows Conditional Use – Major Adjustment Consider staff recommendation to approve Resolution No. 09-134 and find the renovations to be in substantial conformity with the existing conditional use and approve the major adjustment to the existing conditional use for Seahorse Beach Bungalows. The Growth Management Director advised the Board the owner has applied for a motel License with the Department of Business Regulations and also paragraph 9 in the Resolution had been deleted. Also in the Resolution the term hotel had been changed to Motel throughout the document. Com. Coward questioned if ADA standards had been met. The Code Enforcement Manager advised the Board they have complied with the ADA Standards required due to the fact they were grandfathered in regarding other code Compliance issues that were eliminated. Mr. Craig Mundt, North Beach Homeowners Association, addressed the Board and stated there had been a need to provide a fair and open hearing to the neighborhood and provided the outcome of the neighborhood polling taken. He advised the Board there were 19 not in favor of the continued use, 16 in favor with stipulations and 11 in favor of continued use as a motel. Mr. Mundt gave an overview of the meeting held with staff and the residents and stated He was made aware of the fact that a site plan was not required. This information was provided by the building department. He also advised the Board that the bathrooms had 4 not been modified to adhere to ADA standards where the entry doors to the bathrooms are not wide enough for wheel chairs. Ms. Jenny Sherlock, counsel for the various individuals and the North Beach Association addressed the Board regarding the county being noted as the applicant. The Assistant County Attorney alluded to the following letter sent to Ms. Sherlock in Response to this concern. May 11, 2009 Virginia P. Sherlock, Esquire Littman & Heims, P.A. 618 East Ocean Boulevard, Suite 5 Post Office Box 1197 Stuart, Florida 34995 Re: Seahorse Beach Bungalows Dear Ms. Sherlock: Your letter of May 6 was referred to me for response. Please note that the Court’s December 22, 2008 order determined that only the Board of County Commissioners has the authority to authorize what is essentially a rebuilding of a pre-existing conditional use. The Court remanded the case to the Board to hold a public hearing to determine whether the adjustment is in substantial conformity with the pre-existing use. Under the unique circumstances of this case, the County is the “Applicant” only in the sense that the Board is holding a public hearing pursuant to the December 22, 2008 Court order. I strongly disagree with your conclusion that the Board’s compliance with the Court’s Order has poisoned the Board’s ability to be a fair and impartial decision-maker. Sincerely, Heather Young Assistant County Attorney Mr. Robert Tabor, North Hutchinson Island resident, addressed the Board in favor of the project. He stated the property faces open space and it will be a multiple dwelling building. He stated he believed the site was historical due to the date it was first constructed. Mr. Jeff Mitchell, Cameron Drive resident reiterated Mr. Mundt’s comments and addressed the parking angle on the reverse side. Com. Dzadovsky asked the applicant if they would consider the handicapped parking be concrete rather than pavers and if the would consider having one bathroom wheelchair entry accessible. The applicant stated the bathrooms were too small for a wheelchair but would look into it if the Board required them to do so. Also with regards to the pavers, she stated the reason they decided to go with the pavers was due to the drainage required if they did them in concrete. Quasi-Judicial The following Board members acknowledged speaking with the interested parties. Com. Lewis stated she had received letters and phone calls on the issue. Com. Craft stated he had previous contact with Mr. Mitchell, however not since the last meeting. Com. Dzadovsky stated he had not had any contact since the last meeting. 5 It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09- 134 as re-written, and; upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT Ordinance No. 09-013 amending the St. Lucie County Land Development Code (LDC) to correct inconsistencies, minor errors and omissions in the existing version of the code. Consider staff recommendation to approve Ordinance No. 09-013. The Growth Management Director advised the Board the graphics would be the best quality they could get. He advised the Board of the corrections, minor errors and omissions. It was moved by Com. Grande, seconded by Com. Dzadovsky to approve Ordinance No. 09-013, and; upon roll call, motion carried unanimously. D. GROWTH MANAGEMENT Ordinance No. 09-012 accepting the draft St. Lucie County Land Development Code (LDC) received from Municipal Code Corporation (Municode) as the official Land Development Code of St. Lucie County. Consider staff recommendation to approve Ordinance No. 09-012. The Growth Management Director addressed this item. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Ordinance No. 09-012, 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