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HomeMy WebLinkAboutBOCC Minutes 03-02-2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 2, 2010 Convened: 6:00p.m. Adjourned: 8:15 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Paula A. Lewis Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Diana Lewis, Airport Director, Carl Holeva, Human Resources Director, Mark Satterlee, Growth Management Director, Ben DeVries, TCERD Director, Millie Delgado-Feliciano, Deputy Clerk _____________________________________________________________________________________________ _ I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 23, 2010 meeting. It was moved by Com. Craft, seconded by Com. Dzadovsky to approve the minutes of the meeting held February 23, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. A Presentation of Awards and Update was given by Ben Devires, Executive Director Treasure Coast Education & Research Development Authority V. GENERAL PUBLIC COMMENT Mr. John Arena, Ft. Pierce resident, addressed the Board and advised them of a law suit filed against the EPA regarding the quality of water. Ms. Irene Varice, 5209 Palmetto Road, addressed the Board and requested assistance in submitting an application to the severe repetitive loss property program. Staff advised the Board they have recently submitted 8 applications and it is a long and tedious process. They do not wish to submit any more applications until they receive the outcome of the 8 already submitted. Com. Dzadovsky questioned the logic in not submitting additional funds at this time. Staff advised the Board these are very difficult and time consuming grants and also it is a difficult program to manage. He stated they may have lost other grants in the past due to the time it has taken staff to deal with this program. Com. Grande requested staff report back to the Board within a week regarding the result of the other applications submitted to FEMA. Com. Dzadovsky recommended sending a letter to FEMA requesting they expedite the process. Com. Coward stated he believed they should wait until they receive more information within the requested week time. VI. CONSENT AGENDA 1 It was moved by Com. Craft, seconded by Com. Dzadovsky to approve the Consent Agenda and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 22 The Board approved Warrant List No. 22. B. COUNTY ATTORNEY 1. Contract for Sale and Purchase – Harmony Heights Stormwater Improvements – Alexandra Witt Merker – Parcel I.D. 1431-802-0023-000/6 The Board approved the Contract for Sale and Purchase from the Estate of Alexandra Merker, authorized the Chairman to sign the Contract, directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 2. Revocable License Agreement – Sonzef LLC – Eric Mineau – 140 NE Lobster Road – River Park The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and direct Sonzef LLC to record the document in the Public Records of St. Lucie County. . COUNTY ATTORNEY CONTINUED 3. Fort Pierce FBO, L.L.C. – Sublease Agreement with Omniflight Helicopters, Inc. The Board approved the proposed sublease agreement between Fort Pierce FBO, L.L.C., and Omniflight Helicopters, Inc. 4. Resolution No. 10-080 – Opposing Senate Bill 1216 and House Bill 1227 – Relating to Children’s Services The Board approved to adopt Resolution No. 10-080 opposing Senate Bill 1216 and House Bill 1227 as drafted. C. AIRPORT Termination of Sustainable Resources International (SRI) Lease and Permission to Advertise a Request for Proposal (RFP) to Lease the Property at 4600 Taylor Dairy Road The Board approved to terminate the SRI lease and advertise a Request for Proposals to lease the property at 4600 Taylor Dairy Road at the St. Lucie County International Airport. D. PUBLIC WORKS Amendment to contract for Concrete, Culvert and Asphalt Installation The Board approved the first amendment to Contract No. 09-09-456, Concrete, Culvert and Asphalt Installation, with Melvin Bush Construction and authorized the Chairman to sign documents as approved by the County Attorney. E. HUMAN RESOURCES 1. Prison Health Services Inmate Health Care Invoice, FY 09-10 First Quarter. The Board approved for payment of the Prison Health Services invoice number PHS0007139 for the First Quarter period of October 01, 2009 thru December 31, 2009, in the amount of $475,003.61. 2. Prison Health Services Inmate Health Care Invoice, FY08-09, Late Billing. The Board approved payment of the Prison Health Services invoice number PHS0007138 for period of 10/01/08 to 09/30/09, in the amount of $410,923.16. 2 Com. Coward expressed his concerns with the prison health services costs continuing to rise. The County Administrator advised the Board they were looking at the cost increasing to $5 million and advised the Board she would place this item for discussion on the March 23 informal meeting agenda. rd Com. Coward expressed his concern with the Sheriff signing a contract that has increased 150% and questioned if the Sheriff had placed this contract out for bid. He stated the county cannot afford $3 million dollar increases in health cost for inmates each year. Chief Wilson, Sheriff’s office addressed the Board and stated the costs the Board is seeing is not the contract cost but the mandated costs by the state. Lawnwood Hospital’s costs are exceedingly high. He stated they were dealing with many inmates who have a drug problem with many complications. They are presently working with the Judges in finding a way so that the county does not have to bear the burden of these expenses. They are also working to get HCA to the table to discuss the billing process. Com. Grande advised the Board in his discussions with the Health Department, he was informed they are looking into purchasing the drugs for the jail. Com. Dzadovsky requested updates as the issue continues to move forward. F. GROWTH MANAGEMENT Savanna Plat #18 final plat. The Board approved the final plat to be known as Savanna Plat #18 and authorized the Chairman to sign documents as approved by the County Attorney. G. GRANTS 1. Forest Health Improvement Initiative for Heathcote Botanical Gardens – Grant Application The Board approved submitting a grant application in the amount of $23,962 to the Florida Department of Agriculture and Consumer Services Division of Forestry, Forest Health Improvement Initiative Grant Program for expanding tree canopy at Heathcote Botanical Gardens. 2. Florida Division of Emergency Management Citizen Corps Program – Grant Acceptance The Board approved a grant contract with the Florida Division of Emergency Management Citizen Corps Program to accept a grant in the amount of $7,000 for the Citizens Corps Program and Board authorized the Chairman to sign the contract, as approved by the County Attorney. 3. Florida Division of Emergency Management Citizen Emergency Response Team Program – Grant Acceptance The Board approved the grant contract with the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program to accept a grant in the amount of $11,000 for the CERT Program and Board authorized the Chairman to sign the contract, as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 10-04 (f/k/a Ordinance no. 09-019) – Amending Land Development Code to Create Section 11.15.00, Land Development Code, to Establish Zoning/Planning in Progress Procedures The March 2, 2010 public hearing is the first of two required public hearings. No action is required at this time. Mr. Johnathan Ferguson, St. Lucie County resident addressed the Board and stated he does not see the need for such an ordinance and felt it adds uncertainty to the process. He pointed out that only items grandfathered in are the items currently in the pipeline otherwise any new items can be shut down at 3 anytime. He believes this ordinance is not needed due to the fact the county can impose a moratorium anytime it is needed. Com. Dzadovsky stated he felt this ordinance was similar to amendment 4. Com. Craft stated he had a fundamental problem with changing rules in mid-stream and would not support the ordinance. Com. Lewis stated she would reiterate her concerns and concurred with Com. Craft’s comments. She believes there is a fairness issue. She believes is it basically unfair. Com. Grande stated he had a problem with the language on page 4, middle of the paragraph. Com. Dzadovsky stated he was having a problem with the language and felt it was open with no ending time and felt they should be looking at limits on how long the process should take. He stated he would like to sit down with staff and have a discussion about the limitations and come up with a reasonable time frame. Com. Coward stated he felt this “overkill” and they are putting in a lot more effort than it is worth. He felt this was not a priority issue since there already is a moratorium in place due to the economic conditions. He is not sure this is even necessary. Com. Craft stated he concurred and would just assume not see this implemented at this time. Com. Grande stated he favored the change and felt it upholds the standards of the Comprehensive Plan and the Land Development Regulations when someone finds a “loophole”. He believes it is in the best interest of the citizens to move forward with the change. Com. Lewis stated she felt there was not a need to do this. Com. Coward recommended revisiting the Rural Land Stewardship Program and somewhat clean it up. Com. Dzadovsky stated there are enough provisions in place to fix the issues and concurred with Com. Coward that this was“overkill”. It was the consensus of the Board not to bring this item back for a second public hearing or approval. B. GROWTH MANAGEMENT Resolution No. 10-001 – Petition of Majesty, LLC for a Conditional Use Permit Consider staff recommendation to approve adoption of Resolution No. 10-001 granting a Conditional Use Permit with limiting conditions, as outlined in the agenda memorandum. Staff advised the Board the petitioner requested a continuance of this public hearing to a time certain. It was moved by Com. Coward, seconded by Com. Lewis, to continue this item to April 6, 2010 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. C. PUBLIC WORKS South 25 Street and North Cortez Boulevard th Consider staff recommendation to approve authorization to permanently close the intersection of South 25 Street at North Cortez Boulevard, approve Resolution No. 10-058, and authorization for th the Chairman to sign the document as approved by the County Attorney. Ms. Laura Cunningham, resident of where the construction will take place, addressed the with concerns that her property as well as the area will turn into a park since it will be closed off. She stated her mother who is the property owner would like some type of a barrier or a fence to keep anyone from entering her property from 25 street. th The County Engineer advised Ms. Cunningham he would discuss this issue with the developer and ask for landscaping to be provided to keep her area private. Com. Craft recommended staff continue discussion with the developer to see what could be done 4 to address Ms. Cunningham’s concerns. Ms. Sarah Cunningham, property owner addressed the Board with her concerns about the Drainage level of her property and if it would be lower than where the construction would be taking place. The County Engineer advised Ms. Cunningham that the new construction was not taking place by property but at the other side of the canal and her property would not be affected. They would would only be closing off the street on her end. The Board requested this item be continued until Ms. Cunningham’s concerns are addressed with the developer and staff. The County Engineer advised the Board there would not be a problem in delaying this item. It was moved by Com. Craft, seconded by Com. Dzadovsky to continue this item on March 16, 2010 at 6:00 p.m. or as soon thereafter as it may be heard, 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 5