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HomeMy WebLinkAboutBOCC Minutes 04-06-2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 6, 2010 Convened: 6:00 p.m. Adjourned: 7:15 p.m. Commissioners Present: Chairman, Charles Grande, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Growth Management Director, Robin Meyer, Building and Code Compliance Manager, Don West, Public Works Director, Debra Brisson, Parks and Rec. Director, Lauri Case, Utilities Director, Michael Brillhart, Carl Holeva, Human Resources Director, Millie Delgado-Feliciano, Deputy Clerk, Elizabeth Steele, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the March 23, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve the minutes of the meeting held March 23, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 10-064 – “Agricultural Awareness Week” in St. Lucie County, Florida. Consider staff recommendation to approve to adopt Resolution No. 10-064 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 10-064, and; upon roll call, motion carried unanimously. Mrs. Frannie Hutchinson representing the St. Lucie County Extension Advisory Council was present to to accept the proclamation. B. Resolution No. 10-074 – Declaring the month of April 2010 as “Water Conservation Month”. Consider staff recommendation to approve to adopt Resolution No. 10-074 as drafted. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Resolution No. 10-074, and; upon roll call, motion carried unanimously. Ms. Jayne E. Bergstrom, Martin-St. Lucie Service Center Director was present to accept the proclamation. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident addressed the Board regarding the Taylor Creek dredging and the black sediment produced from the existing system for dredging. He advised the Board of a new dredging process called the Nomadic System and how it worked compared to the Rotary System presently in use. Ms. Jeanie Johansson, area resident addressed the Board and thanked them for their support with the Zora Fest. 1 VI. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Dadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 26 and 27 The Board approved Warrant List Nos. 26 and 27. B. COUNTY ATTORNEY 1. Resolution No. 10-111 – Space Program The Board approved adopting Resolution No. 10-111 as drafted. 2. Whispering Oaks Community Development District – Permission to Advertise The Board approved advertising (1) a notice of proposed declaration of inactive status of the Whispering Oaks Community Development district; and (2) a public hearing to consider an ordinance repealing Ordinance No. 07-004 which created the District. C. GRANTS 1. St. Lucie County Mental Health Court – Grant Application The Board approved submitting a grant application to the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Justice and Mental Health Collaboration Program for funding not to exceed $200,000 for the St. Lucie County Mental Health Court. 2. Harbor Branch Salt Marsh Restoration Project – Grant Application The Board approved submitting a grant application to the U.S. Army Corps of Engineers for $1 million for restoration of 178 wetland acres at Harbor Branch Preserve. D. PUBLIC WORKS 1. Taylor Creek Spoil Site Evaluation; Florida Ports Council (FSTED) & Florida Department of Transportation (FDOT) – Time Extension The Board approved a time extension to contract No. 4224248-1-94-01 with FSTED & FDOT for Taylor Creek Spoil Site Evaluation project as outlined in the agenda memorandum and signature by the Chairman. 2. Dredging Port Fort Pierce; Florida Ports Council (FSTED) & Florida Department of Transportation (FDOT) – Time Extension The Board approved a time extension to Contract No. 422943-1-94-01 with FSTED & FDOT for Dredging Port of Fort Pierce project as outlined in the agenda memorandum and authorized signature by the Chairman. 3. Amended Schedule “A” to Contract C03-02-208 with Municipal Software Corporation. The Board approved amended Schedule “A” to Contract C03-02-208 with Municipal Software Corporation in the amount of $34,990. E. PARKS AND RECREATION 1. Waiver of Fees for Buffalo Soldiers Motorcycle Club of South Florida The Board approved to waive the $213 in facility rental fees for MLK/Dreamland Park for an event supporting the Treasure Coast Food Bank hosted by the Buffalo Soldiers Motorcycle Club of South Florida as outlined in the agenda memorandum. 2 2. FPUA Water and Wastewater Supply Agreement for Lawnwood Gravity Sewer Extension The Board approved the FPUA Water and Wastewater Supply Agreement for a gravity sewer extension as outlined in the agenda memorandum and authorized the Chairman to sign the agreement as approved by the County Attorney’s office. F. UTILITIES Amendment to Contract for the purchase of Neptune brand cold water meters The Board approved the first amendment to Contract No. C07-03-146 with Sunstate Meter & Supply, Inc., extending the contract through March 16, 2013, and authorized the Chairman to sign documents as approved by the County Attorney. G. AIRPORT Resolution No. 10-117, Taxiway Charlie Amendment Incorporating Taxiway A & B Design The Board approved Resolution No. 10-117 accepting the FDOT Supplemental Joint Participation Agreement which amends the Taxiway C Rehabilitation project to include the Taxiway A & B design and authorized the Chairman to sign the document as approved by the County Attorney. VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Continuation of the petition of St. Lucie Banquet and Social Hall, (fka X-treme Function Hall) 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. The Building and Code Compliance Manager addressed this item and presented background information on this petition. He advised the Board they had received 16 responses in opposition to this petition due to various concerns by the area residents. These concerns were addressed and staff recommended approval with the conditions as noted. Com. Dzadovsky addressed the buffering of the facility from the neighboring residents. The Environmental Resources Department advised the Board the majority of the buffering on the East side of the facility will be planted trees. Com. Coward wished to advise the Board that the Planning and Zoning Board unanimously recommended approval of this project. Com. Dzadovsky expressed his concern with the possibility of someone contracting an outside Caterer with a liquor license and liquor being served opposed to the beer and wine approval they are requesting. Mr. Rick Farrell, attorney for the applicant advised the Board the applicants intention is to have beer and wine served during booked social events only. This is not a facility that will be selling these items on a daily basis. After no further discussion, it was moved by Com. Coward, seconded by Com. Craft to approve staff recommendation with the added conditions, and; upon roll call, motion carried unanimously. B. GROWTH MANAGEMENT Proportionate Fair Share and Road Impact Fee Credit Agreement – Oceanic Transportation, Inc. Consider staff recommendation to approve of the Proportionate Fair Share and Road Impact Fee Credit Agreement for Oceanic Transportation Inc. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. 3 C. COUNTY ATTORNEY Ordinance No. 10-019 Amending Chapter 1-2 (Administration) to Repeal Section 1-2-66 (Voluntary Separation Incentive Program) Consider staff recommendation to approve to adopt proposed Ordinance No. 10-019 as drafted. It was moved by Com. Craft, seconded by Com. Dzadovsky to approve staff recommendation, and; upon roll call, motion carried unanimously. D. PUBLIC WORKS Unsafe Structure, 2702 Essex Court, Fort Pierce, FL 34946 Consider staff recommendation to approve authorization to demolish the structure; clean the property and assess the entire cost which shall constitute a lien payable to St. Lucie County if the property owner has not done so by April 20, 2010. The Code Compliance staff gave a two year history of this item and the notice of violations mailed to the owner of the property. The shell of the building is what remains and it is open. Staff recommends this property be given 30 days to get a demolition permit and have it removed or repaired by May 21, 2010 which is a correction from the original date of April 20, 2010. If it is not complied by then, the county will proceed with the condemnation process and clean the property and assess the entire cost to the property owner constituting a lien payable to St. Lucie County. Ms. Mary Ellis, one of the property owners addressed the Board and stated they do plan to demolish the property and asked for 90 days to do so. Staff advised the Board they had discussed this issue with the owner and he indicated he would six months to proceed because he did not have the funds and staff found this to be unacceptable. Com. Dzadovsky stated this is a health and safety issue and is concerned with the surrounding residents and their safety as well as property value. Com. Craft stated he did not have a problem with the 90 day request since they do not have the funds. Com. Dzadovsky questioned if the county would have a liability problem if they did not move forward and someone was hurt. The County Attorney stated they should go ahead with the May 21 date and still not be liable. st Staff advised the Board they would proceed after the 21 of May and would not give any more st time. They felt the demolition should be started once the permit is pulled. Com. Coward stated once the permit is issued they would have six weeks to do what is necessary. His feeling is they have owned the property for two years and could not figure out why they would wait two years and now that the Board is taking action they are requesting an extension. He does not wish to delay this any further. This is a safety concern and the owner has a responsibility to take care of the issue. Com. Grande asked the owner if this was an over the counter permit what would be the difference in being able to take care of the property in six weeks as opposed to the 90 days requested. Ms. Ellis stated she needed the extension. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve staff recommendation as amended to change the date to May 21, 2010; Com. Lewis stated they would expending more public dollars to do this and it being a costly proposition she suggested they should provide 60 days giving them time to get it together rather than having the county attempt to collect the lien on the property should the county move forward. Com. Grande asked the motion maker if he was willing to amend his motion. Com. Dzadovsky stated he did not wish to amend his motion since this is a safety issue and needs to move forward especially since it already has been 2 years. 4 Com. Coward stated they are making the assumption that if they are given additional time, they will move forward and this is not necessarily true especially since they have already been given two years. The county will have to use tax dollars later and this nuisance will continue to affect the neighbors longer and he felt it does not warrant additional delays. Com. Craft stated he felt they should give the property owner the opportunity to obtain the funds to demolish the structure so that the county does not have to incur the costs. Com. Dzadovsky stated he concurs with Com. Coward these issues need to be accelerated due to the health and safety issues and for the cost of $4000 they should move forward. Com. Lewis stated she still felt at this point they should be given the opportunity and it is probably the cost issue that made them hold off. Com. Craft stated he did not wish to debate the 60 or 90 day issue, he is only looking to avoid it having an impact on the county and would vote in favor of the recommendation if necessary to move this forward. 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: Nay: Lewis; Aye’s: Craft, Coward, Dzadovsky, Grande, motion carried by a vote of 4 to 1. VIII. COUNTY ATTORNEY Code Enforcement Case No. 48863-2706 Essex Drive, Fort Pierce, FL – Unsightly and Unsanitary Conditions Consider staff recommendation to approve to authorize a 30 day notice be sent to the property owner ordering her to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared, boarded, and place a lien on the property. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. IX. COUNTY ATTORNEY Resolution No. 10-092 – Amending Employee Handbook to Delete Voluntary Early Retirement Incentive Plan Consider staff recommendation to approve to adopt proposed Resolution No. 10-092 subject to the adoption of Ordinance No. 10-019. It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation, 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