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HomeMy WebLinkAboutBOCC Minutes 09-15-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 15, 2009 Convened: 6:00p.m. Adjourned: 8:30 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Dzadovsky, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steers, Asst. County Administrator, Dan McIntyre, County Attorney, Lauri Case, Utilities Director, Mark Satterlee, Growth Management Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Paul Hiott, Veterans Services Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 8, 2009 meeting. It was moved by Com. Grande, seconded by Com. Craft, to approve the minutes of the meeting held September 8, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 09-250 – designating September 19, 2009 as POW/MIA Recognition Day in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-250 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward to approve Resolution No. 09-250, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident, addressed the Board on item 6-B3 regarding supporting the Expansion of PBI Airspace to include Ft. Pierce. The Airport Director addressed Mr. Arena’s question. The County Attorney addressed item 6-B4 on the Consent Agenda and stated they are requesting the date of the Public Hearing be changed from October 6 to December 1, 2009 at 6:00 p.m. or as soon thereafter th as it may be heard. VI. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft to approve the Consent Agenda with the change in date as requested by the County Attorney on item 6-B4, and; upon roll call, motion carried unanimously. A.WARRANTS Approve warrant list No. 50 The Board approved Warrant List No. 50. B.COUNTY ATTORNEY 1. Special Warranty Deed – YMCA – Parcel I.D. Nos. 2416-504-0108-000-7 and 2416-504- 0107-000-0 – Resolution No. 09-270 The Board approved to accept the Special Warranty Deed, authorized the Chair to sign Resolution No. 09-270 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Ordinance No. 09-027 - Amending 1-15-25, St. Lucie County Code of Ordinances and Complied Laws, to Permit Dogs on Wild Cat Cove The Board approved advertising proposed Ordinance No. 09-027 for public hearing on October 6, 2009, at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY CONTINUED 3. Resolution No. 09-269 - Supporting the Expansion of PBI Airspace to Include Fort Pierce (FPR) The Board adopted Resolution No. 09-269 and authorized the Chairman to sign the Resolution. 4. Ordinance No. 09-028 (Airport Commerce Park Leasing Standards and Procedures) – Permission to Advertise The Board approved the request to advertise proposed Ordinance No. 09-028 for public hearing on December 1, 2009 at 6:00 p.m. or as soon thereafter as may be heard. 5. Donation of Right-of-Way – TSOP,LLC – 13 feet on Midway Road – Resolution No. 09- 267 The Board approved accepting the Special Warranty Deed, authorized the Chair to sign Resolution No. 09-267 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Resolution No. 09-280 – Opposing Offshore Drilling in Florida The Board adopted Resolution No. 09-280 opposing offshore drilling Florida as drafted. 7. ADDITION TO AGENDA - St. Lucie County Intermodal Transfer Facility – Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. The Board approved the Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A., and authorized the Chair to sign the Agreement. C. AIRPORT LPA Work Authorization No. 23, Second Year of 150 Acre Mitigation Area Maintenance and Gopher Tortoise Monitoring for New Runway Project The Board approved LPA Group Work Authorization No. 23 to provide consultant services for the second year of the 150 acre mitigation area maintenance and gopher tortoise monitoring for a lump sum amount of $144,131 and authorized the Chair to sign the document as approved by the County Attorney. D. PUBLIC WORKS 1. Seven-Eleven, Inc. The Board approved the agreement to pay a fee-in-lieu-of for constructing a concrete sidewalk with Seven-Eleven, Inc. in the amount of $775.50 and authorized the Chair to sign documents as approved by the County Attorney. D. PUBLIC WORKS CONTINUED 2. White Way Dairy Road Culvert Improvement Project The Board approved rejecting the quotes for White Way Dairy Road Culvert Improvement Project, approved the Second Amendment to Work Authorization No. 7 (C07-07-387) for roadway design services with Miller Legg in the amount of $39,400, and authorized the Chair to sign documents as approved by the County Attorney. 3. Paradise Park Subdivision Stormwater Improvements Phase 3 The Board approved the Third Amendment to Work Authorization No. 2 (C06-04-237) with Creech Engineers, Inc. in the amount of $6,600 for a total cost of $304,920 and authorized the Chair to sign documents as approved by the County Attorney. E. INVESTMENT FOR THE FUTURE 1. Reallocation of funds The Board approved reallocating FY08/09 IFF funds in the amount of $81,500 to move forward with roof repair projects, painting, a/c repairs, demolition and renovation projects. 2. Award of Bid 09-064, State Attorney’s office air condition project The Board approved to award Bid No. 09-064 to S&S Air Conditioning, bid amount of $412,417, reallocate FY 08/09 Investment for the Future funds in the amount of $70,677 and authorized the Chair to sign documents as approved by the County Attorney. 3. Demolition of storage building at 411 N. 7 Street th The Board approved removing the storage building at 411 N. 7 Street from capital th assets, and complete demolition and removal of the building. F. CENTRAL SERVICES Spot cooler for Rock Road Jail The Board approved Budget Amendment No. 09-043 and Equipment Request No. 09-049 to purchase a spot cooler in the amount of $3,346.75 for Rock Road Jail. G. HUMAN RESOURCES Prison Health Services Inmate Health Care for FY 08-09 Third Quarter Invoice The Board approved payment of Prison Health Services invoice number PHS0006248 for the Third Quarter period of April 1, 2009 to June 30, 2009, in the amount of $269,871.05 H. UTILITIES 1. Approval of Amendment No. 2 to Work Authorization No. 22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. The Board approved Amendment No. 2 to Work Authorization No. 22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. 2. Approval of the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 2008/2009 budget. Also, request approval of Budget Amendment #09- 044 and Equipment Request #09-051. The Board approved the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 2008/2009 budget. Also, approved Budget Amendment #09-044 and Equipment Request #09-051. 3. Approval to purchase a storage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. The Board approved purchasing a storage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. I. GRANTS South Florida Water Management District St. Lucie River Issues Team Program-Grant Application The Board authorized submitting a grant application to the South Florida Water Management District St. Lucie River Issues Team Program requesting funds of $25,000 for the North Fork Water Quality Monitoring Project. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 09-025 – Amending Section 11.05.11(A) (2) of the Land Development Code – Requirement for Permit; Exemptions No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, October 6, 2009 at 6:00 p.m. or as soon thereafter as may be heard. B.GROWTH MANAGEMENT Petition of St. Lucie Self Storage, LLC for St. Lucie Business Park Storage Preliminary/Final PNRD (Planned Non – Residential Development) Site Plan. Board adoption of Resolution No. 09-008 granting St. Lucie Business Park Storage Preliminary/Final PNRD. Quasi-Judicial Com. Dzadovsky advised the Board and those present of his contact with the applicant today and stated he had also previously met with them. Staff advised the Board this applicant has added mitigation to the project and will be exceeding the code. The County Engineer stated there is a swale on the west side of the building that flows several lots further south and empties into a small pond. Ideally, there would be an association who would be responsible but not in this case. He stated they have added the condition to the storm water permit where they will be an obligation to clean and maintain the swale that flows to the lots to the south to the pond. In addition, staff felt they should propose it be a condition of the application that maintenance of the swale to the south be the obligation of this applicant. Com. Coward stated his concern was that the other lot owners default is being passed on to this property owner, he felt it was unfair. He is not comfortable with the description given and asked if there were other means to handle this issue. The County Engineer stated the other lot owners who are responsible for the obligation are still under code enforcement and this may take some time. Com. Coward asked how soon construction would start on this project should this be approved today. Mr. Norman Shulman, applicant stated it may take 6 months to a year. Com. Coward recommended the lot owners be placed on notice that they are to fulfill their obligation and have it completed within 6 months or the county will do it and assess them for not meeting their obligation. The County Engineer stated the main problem here is that they do not have a master association that would maintain the area. Com. Dzadovsky advised the Board of his concerns regarding the outfall and asked where the outfall goes. The County Engineer stated there is an outfall of the pond that goes into the Savannas. Com. Dzadovsky addressed his concern with what this may do to the efforts being done to clean the Savannas. The project engineer stated the outfall does not go to the Savannas, it heads to the south and then to the west to the North Fork. Com. Coward asked if the county had the legal ability to force the landowners to meet their obligation. The County Attorney stated one solution may be is to have the property owners association re-constituted and their annual report filed. The long term solution would be where the owners could get together, file their annual report and hold their election. The County is not responsible for the storm water drainage and this was done back in the 1990’s. These folks do have an obligation to show that they have proper storm water drainage. Com. Coward stated he concurred with the County Attorney’s long term goal. Com. Grande asked if it was fair to say that they should be able to re-constitute the association within the one year period. The County Attorney stated yes and someone would need to take the lead and contact everyone. Com. Dzadovsky stated his concern now was if they had a large number of HOA’s having a problem financially, what would preclude them from just walking away and saying they give up. The County Attorney stated if they do not pay their fess and not file a report, the state will dissolve them. Com. Craft stated he felt it was the responsibility of the property owners downstream to do what is their obligation and move on. The applicant stated he was informed that lots 2, 6, and 7 were outstanding with code enforcement violations and they would be before the Code Enforcement Board in October. He believes they should not be responsible to maintain the whole business park due to one lot owner. Com. Grande stated he would appreciate it when staff when is looking to add a condition that it be made part of the backup material. Com. Dzadovsky stated it was his request to bring this information forward at the last minute and not staff. Com. Coward stated this was not a new issue and alluded to a request from a prior meeting. Com. Dzadovsky stated he was pleased with the fact the applicant came in with a change in the footage and the increase in the landscape buffering and working with the requests of the residents of Spanish Lakes. Com. Coward asked if they needed to add language. The applicant stated he believed the county had what was needed covered in the process . The County Engineer stated he felt they had what they needed in the storm water permit. It was moved by Com. Grande, seconded by Dzadovsky, to approve Resolution No. 09-008, and; upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT Resolution No. 09-066, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) Consider staff recommendation to approve continuance of the Preliminary Planned Unit Development for Shinn Road Equestrian Estates to a date certain (TBD). It was moved by Com. Coward, seconded by Com. Grande, to continue this item to November 3, 2009 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion rd carried unanimously. REGULAR AGENDA VIII. COUNTY ATTORNEY Conveyance of Three (3) Foot Strip of Land to City of Fort Pierce - Jetty Park Consider staff recommendation to adopt Resolution No. 09-271. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve Resolution No. 09-271, and; upon roll call, motion carried unanimously. IX. UTILITIES Approval of Resolution No. 09-098 adopting the St. Lucie County Water & Wastewater Master Plan Update. Consider staff recommendation to approve of Resolution No. 09-098 adopting the St. Lucie County Utilities Water & Wastewater Master Plan. It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09-098, 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