Loading...
HomeMy WebLinkAboutBOCC Minutes 10-06-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 6, 2009 Convened: 6:00 p.m. Adjourned: 8:30 p.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, Mark Satterlee, Growth Management Director, Don West, Public Works Director, Lauri Case, Utilities Director, Roger Shinn, Central Services Director, Marie Gouin, OMB/Purchasing Director, Diana Lewis, Airport Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 22, 2009 meeting. Approve the minutes from the September 22, 2009 Final Budget Public Hearing meeting. It was moved by Com. Grande, seconded by Com. Craft, to approve the minutes of the meetings held September 22, 2009 and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for October 6, 2009. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident, addressed the Board regarding the sludge material brought into St. Lucie County from various surrounding counties and expressed his concern with the sludge damaging the Indian River Lagoon. Mr. George M. Baker, Port St. Lucie resident, addressed the Board regarding a possible location for a dog park. Mr. Michael Minton, Attorney on behalf of the Evans Properties addressed the Board on items 11 and 12 on the agenda. He advised the Board the Evans understand why the Board of County Commissioners are expressing their objection to the utilities certification request. He stated they wished to advise the Board this was not a Cloud Grove situation. Com. Coward advised Mr. Minton of his disappointment at the fact the Board was not informed of this action prior to this meeting. He believed this information should have been provided to the local governments before the filing of the application to the state. Mr. Jonathan Ferguson, Attorney representing TC Intermodal Campus, addressed the Board regarding their RFQ response to the Port of Palm Beach. Com. Coward requested a copy of the response. Mr. Ferguson stated he will ask his client if this can be provided prior to the date of the presentations otherwise he will mail it afterwards. Mr. Mark Walters, area resident addressed the Board regarding the Smith Ranch and the available land for preservation. He addressed the fact that the Committee voted on this site as an “A” site but never visited the site itself. Com. Coward advised Mr. Walters there were limited funds available in the sensitive lands program and the Committee felt there were other high priority “A” sites that deserved greater attention. Mr. Craig Mundt, Board Member of the Seal Museum addressed the Board and requested the ability to present a power point regarding the decision of the Tourist Development Council. Com. Coward recommended this be re-scheduled to be heard and take comments from the interested parties and the TDC. It was the consensus of the Board to bring back this item and the power point to be presented in two weeks and to also provide time for Mr. Mundt to schedule appointments with the Board individually. VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda, with item C6- D pulled and item 6B-8 be pulled and placed as an item on the regular agenda, and; upon roll call, motion carried unanimously. A.WARRANTS Approve warrant list No. 52 and 53. The Board approved Warrant List Nos. 52 and 53. B.COUNTY ATTORNEY 1. Donation of Property – Paradise Park Stormwater Improvements – Taylor Creek Associates, Ltd. – Parcel ID 1433-440-0005-010/3 – Resolution No. 09-283 The Board accepted the Fee Simple Deed, authorized the Chair to sign Resolution No. 09-283 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Revocable License Agreement – Cameron and Michelle Dewhurst – 260 NE Solida Drive – River Park The Board approved the Revocable License Agreement, authorized the Chair to sign the Revocable License Agreement and directed Mr. & Mrs. Dewhurst to record the document in the Public Records of St. Lucie County, Florida. 3. General Services Administration – Supplemental Lease Agreement No. 4 for Trailer Storage at Fairgrounds The Board approved the proposed Supplemental Lease Agreement No. 4 with the General Services Administration, and authorized the Chair to sign the agreement. B. COUNTY ATTORNEY CONTINUED 4. Resolution 09-268 – A resolution authorizing the Escambia County Housing Finance Authority to operate within the boundaries of St. Lucie County on behalf of St. Lucie County and the Housing Finance Authority of St. Lucie to finance qualifying single family mortgage loans; approving form and execution of an Interlocal Agreement between the Authority and the Escambia Authority; approving the issuance of not exceeding $300,000,000 single family revenue bonds on behalf of St. Lucie County. The Board adopted Resolution No. 09-268 as drafted and authorized the Chair to sign. 5. Donation of Right-of-Way – Denedios Holdings, LLC – 10 feet of right-of-way on Hammond Road – Resolution No. 09-293 The Board accepted the Warranty Deed, authorized the Chair to sign Resolution No. 09- 293 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Second Amendment to the following Contracts: Callaway & Price, Inc. (C06–08-554) Deighan Consultants (C06-08-553) East Coast Appraisers & Consultants (C06-08-511) Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06-08-512) The Board approved the Second Amendment to the following contracts: Callaway & Price, Inc. (C06–08-554), Deighan Consultants (C06-08-553), East Coast Appraisers & Consultants (C06-08-511), and Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06- 08-512) extending the contracts through August 21, 2010 and authorized the Chair to sign the Amendments as prepared by the County Attorney’s office. 7. Florida Communities Trust – Harbor Branch Preserve/FCT Project 07-027-FF7 – Amendment to Option Agreement for Sale and Purchase The Board approved the Amendment for Sale and Purchase of the Harbor Branch Preserve parcels, authorized the Chair to execute the Amendment and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 8. Lease Agreement with Sundancer’s Radio Control Club, Inc. Consider the Board approve to (a) adopt Resolution No. 09-297 and authorized the Chair to sign the Resolution; and, (b) authorize the Chair to sign the Sublease Agreement with Sundancer’s Radio Control Club, Inc. to lease approximately 80 acres, described in Exhibit “A” as approved by the County Attorney. (This item was moved to the regular agenda) C. AIRPORT 1. Airport West Commerce Park Sanitary Sewer Grant No. LP8991, Amendment 1 The Board approved FDEP Grant No. LP8991 Amendment 1 for the Airport West Commerce Park Sanitary Sewer and authorized the Chair to sign the document as approved by the County Attorney. C. AIRPORT CONTINUED 2. Change Order No. 6 for the Second Phase of the New Runway and Taxiway The Board approved Change Order No. 6 for Dickerson Florida, Inc. on the second phase of the New Runway and Taxiway Project increasing the total project cost by $67,277.82 from $3,966,924.19 to $4,034,202.01 with an increase in the contract time of 3 days to August 24, 2009 and authorized the Chair to sign the document as approved by the County Attorney. 3. Resolution No. 09-296, Florida Department Transportation (FDOT) Joint Participation Agreement, Storm Water Pollution Prevention Plan (SWPPP) Update The Board approved Resolution No. 09-296 accepting the FDOT Joint Participation Agreement in the amount of $80,000 for the Stormwater Pollution Prevention Plan (SWPPP) Update and authorized the Chair to sign the document as approved by the County Attorney. D. ADMINISTRATION Tourist Development Council Capital Grants Program 2009 - 2010 Consider staff recommendation to approve the Tourist Development Council Capital Grants Program 2009 – 2010 implementation and application, per the attached memorandum. This item was pulled prior to the meeting. E. PUBLIC WORKS Contract extensions with Taylor Engineering & Dredging and Marine Consultants. The Board approved of the fourth extension to contract C04-12-563 with Dredging and Marine Consultants, LLC., and contract C04-07-658 with Taylor Engineering, Inc. extending the contract through December 31, 2009 and authorized the Chair to sign the documents as prepared by the County Attorney’s office. F. INVESTMENT FOR THE FUTURE Bid Waiver and sole source determination - Siemens Building Technologies. The Board approved bid waiver and sole source determination for Siemens Building Technologies to install the APOGEE energy management system at the St. Lucie County Health Department, located on Avenue C, at a cost of $128,655, reallocate Investment for the Future Funds in the amount of $30,000, and authorized the Chair to sign the documents as approved by the County Attorney. G. MANAGEMENT AND BUDGET 1. Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park The Board approved rejecting all responses, revise scope of services and re-advertise Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park G. MANAGEMENT AND BUDGET CONTINUED 2. Supervisor of Elections Advance Request The Board authorized approval of the Supervisor of Elections request for 25 percent ($655,355.75) of the total FY10 budget and thereafter, 6.82 percent per month. 3. Tax Collector Advance Request The Board approved the Tax Collector’s request for an October commission advance in the amount of $675,000. PUBLIC HEARINGS VII. A. COUNTY ATTORNEY Ordinance No. 09-025 – Amending Section 11.05.11(A) (2) of the Land Development Code – Requirement for Permit; Exemptions Consider staff recommendation to adopt Ordinance No. 09-025 as drafted and authorize the Chair to sign. Com. Dzadovsky expressed his concern with an issue going to the South Florida Water Management District and the Board not being able to review the issue. He also expressed his concerns with the impact on the ground water table after the fact of the mining and if an artificial lake was maintained with a well it would cause a problem for the surrounding residents. Com. Coward addressed page 2 subsection A -1 and the word “removal” being deleted. He believes they are talking about the removing of the material off site. He believes the word “excavation” should be off site removal. Mining is the removal of material off site. Com. Grande stated he thought this was pertaining to making a “big hole”. The Growth Management Director stated they were attempting to handle the impact of the surrounding community when material is being removed and he believes the term “removal “ should be the term used. Mr. Lee Dobbins, Dean, Meade firm addressed the Board regarding page 4 and stated he did not agree with the language where it indicates “revoking of permit”. He believes it will cause concern of being shut down and believes there are areas to handle nuisance problems under the current law. He believes there should be a standard set if this was going an issue. Com. Grande questioned what standard he was recommending or if he had one. Mr. Dobbins stated he did not, however, he felt it was not fair to any owner of a property to run the risk of being shut down because there were complaints. He believes this could be handled within our code and standards for businesses. Com. Coward stated he believed in the previous sub section, one and two would need to apply if there was going to be any revocation of material removal. As long as they are operating within the guidelines of the conditional use approval, and the mining permit and the issues would already be covered and they would not revoke it. However, if they are operating outside the conditional use permit and mining permit and in violation, and it was clear that it had adverse affect on the neighbors, then it would come back to the Board and they would have the ability to revoke The Asst. County Attorney stated it would be both and this language is part of the county’s Land Development Code under the conditional use section. Mr. Dobbins stated he believed they did not need the second step in part 2 if they are violating the condition. Com. Grande stated he believed Mr. Dobbins was correct, the end means there are two conditions one and two and that you do not need to meet both of them. If you needed to meet both of them, then you would not need the second one. Mr. Jonathan Ferguson thanked Com. Coward for clarifying whether it is off site transport or digging 100 cubic yards. He believes it has more to do with off-site transport. The County Attorney stated to provide more clarity, he recommended placing the word “or” rather than “and” in paragraph one, and in number 2, place “upon complaint and proof of violation of any condition imposed upon and adverse affect on adjacent properties”. Com. Grande stated he would not be in favor of the change and provided an explanation for his disapproval. The County Engineer stated not all mining permits fall under a conditional use approval. The Growth Management Director stated they are trying to provide a mechanism a small measure of protection for someone who is planning a small project and to move material off site. Com. Grande stated he concurred with changing the “and” to “or”. Com. Lewis stated she believed there would need to be significant adverse affect and dust on your car may not be considered as such. Com. Coward recommended approving this item with the minor change on the off- site language added and keep the language in the back consistent. Com. Grande stated he concurred with Com. Coward’s recommendation. It was moved by Com. Coward, seconded by Grande to approve Resolution No. 09-025 with the minor off site language added in place of excavation in subsection A-1 page 2, and; upon roll call, motion carried unanimously. Com. Lewis expressed her concerns with adding this new application in the future however, she stated she would support it due to the fact they need to address the issue. Staff was also directed to address this issue more comprehensively. VII. B. COUNTY ATTORNEY Ordinance No. 09-028 - Establishing Airport West Commerce Park Leasing Standards and Procedures Consider staff recommendation to approve proposed Ordinance No. 09-028 as drafted. Com. Dzadovsky questioned if as part of the procedure they can streamline the building permit and review process for targeted industries. The County Administrator stated they have taken a look at the processing and are at a point where they are ready to put this in place or near to doing so. It was moved by Com. Grande, seconded by Com. Dzadovsky to approve Ordinance No. 09-028 as drafted and revised, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY Resolution No. 09-292 Asking the Federal Government to Stop Discharging Pollutants and Excess Water into the St. Lucie River and Estuary System Consider staff recommendation to approve to adopt Resolution No. 09-292 and authorize the Chair to sign the Resolution. Com. Craft stated he felt this Resolution was incomplete. He requested additional language in a more positive manner and not as a negative. He believes the Resolution is too vague and cannot support it as written. Com. Coward recommended incorporating language that includes the type of solutions. Com. Grande requested a support of the flow way concept be added. Com. Dzadovsky asked the Board to support this resolution tonight with more in depth language added and bring it back next week with the stronger language as recommended. It was the consensus of the Board to bring this item back next week. Lease Agreement with Sundancer’s Radio Control Club, Inc. (6-B-8) Consider the Board approve to (a) adopt Resolution No. 09-297 and authorized the Chair to sign the Resolution; and, (b) authorize the Chair to sign the Sublease Agreement with Sundancer’s Radio Control Club, Inc. to lease approximately 80 acres, described in Exhibit “A” as approved by the County Attorney. Com. Coward requested a minor change adding language stating what the county will do in the agreement. The agreement did not state how the Zone B dollars will be used for the improvement. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 09-297 and amend Sublease Agreement as requested by Com. Coward, and; upon roll call, motion carried unanimously. IX. COUNTY ATTORNEY Interlocal Agreement between St. Lucie County and Fort Pierce Utilities Authority (Juanita Bridge) Consider staff recommendation to approve the Interlocal Agreement and authorize the Chair to sign the Agreement. The Public Works Director stated federal stimulus dollars cannot be utilized for the utility relocation and will be for the construction of the bridge; however they will dollars from the county road bond for the utility relocation. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve the Interlocal Agreement, and; upon roll call, motion carried unanimously. X. COUNTY ATTORNEY Rural Lands Stewardship Based on prior Board direction, Staff recommends the Board direct staff to initiate the process of amending the County’s Comprehensive Plan to delete the RLSA amendments. Staff also recommends that the Board authorize the Growth Management Director to send the attached letter to the owners of the sending and receiving areas. This item was pulled prior to the meeting. XI. COUNTY ATTORNEY Application of Grove Land Utilities, LLC to Operate a Water and Wastewater Utility to Provide Services in a Portion of St. Lucie County Consider staff recommendation to authorize the County Attorney to file the Objection with the Florida Public Service Commission. The County Attorney addressed the modification in paragraph 2 and language was added at Com. Grande’s request. Com. Grande addressed a correction on the first page. The County Attorney stated the correction would be made. Com. Coward addressed the fact the county was not approached as it relates to utilities or the land use. and follow up with changes in the process and the importance of this being noted. Com. Craft recommended lobbying Tallahassee and requesting they not accept applications without notifying the local governments. Com. Dzadovsky expressed his concerns with the proposal of a refinery in the western lands area. He recommended the applicant participate in the western lands study. Com. Coward recommended it be noted and add the language that no application for land use change has been submitted to date and that the county is currently moving forward with a comprehensive western land use study in which these decisions on utilities should be incorporated. It was moved by Com. Coward, seconded by Com. Grande to approve the objection as amended incorporating Com. Cowards recommended language and authorize the County Attorney to file the objection with the Florida Public Service Commission, and; upon roll call, motion carried unanimously. XII. COUNTY ATTORNEY Application of Bluefield Utilities LLC to Operate a Water and Wastewater Utility to Provide Services in a Portion of St. Lucie County Consider staff recommendation to authorize the County Attorney to file the Objection with the Florida Public Service Commission Com. Craft recommended delaying this item until next week so that he has time to meet with the applicant. Com. Grande recommended moving forward and stated they still would have the ability to withdraw the objection. Com. Coward concurred. Com. Dzadovsky recommended the same language be added to this objection. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve staff recommendation as amended, and; upon roll call, the vote was as follows: Ayes: Coward, Lewis, Grande, Dzadovsky, and Nay’s: Craft; motion carried by a vote of 4 to 1. Other Business Com. Grande requested the Board ratify his appointment of Toby Philapart to the Affordable Housing Committee. It was moved by Com. Craft, seconded by Com. Coward, to ratify Com. Grande’s appointment, 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