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HomeMy WebLinkAboutBOCC Minutes 05-18-2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 18, 2010 Convened: 6:00 p.m. Adjourned: 11:15 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, Marie Gouin, OMB Director, Carl Holeva, Human Resources Director, Mark Satterlee, Planning and Development Services Director, Don West, Public Works Director, Mike Powley, County Engineer, Joseph E. Smith, Clerk of the Circuit Court, Shai Francis, Finance Director, Lauri Case, Utilities Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 11, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve the minutes of the meeting held May 11, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. A Presentation of the Comprehensive Annual Financial Report was given by J. Gaines of Berger, Toombs, Elam, Gaines & Frank and Clerk of the Circuit Court Joseph E. Smith B. COUNTY ATTORNEY Resolution No. 10-134 – “National Safe Boating Week” Consider staff recommendation to approve to adopt Resolution No. 10-134 as drafted. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 10-134, and; upon roll call, motion carried unanimously. C. A Presentation on the Annual Report of Workforce Board of the Treasure Coast, DBA Workforce Solutions was given by Gwenda Thompson, President/CEO D. COUNTY ATTORNEY Resolution No. 10-156 – “Civility Month” in St. Lucie County Consider staff recommendation to approve to adopt Resolution No. 10-156 as drafted. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 10-156, and; upon roll call, motion carried unanimously. E. Army Corps of Engineers – update on Lake Okeechobee Water Releases & Herbert Hoover Dike Rehabilitation was given by Mike Rogalski and Luis Alejandro. V. GENERAL PUBLIC COMMENT Mr. John Arena, Ft. Pierce resident, addressed the Board regarding rotary dredging being replaced with nomadic system of dredging. Mr. Craig Mundt, representing the Navy Seal Museum, addressed the Board and advised them of the 2010 Memorial Day Service being held Monday, may 31, 2010 at 10:00 a.m. and also the SEAL Memorial Sculpture Installation Event on Friday, May 29, 2010 at 12:00 Noon. 1 VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Lewis, 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. Revocable License Agreement for Cedar Creek Engineering-Orange Ave The Board approved the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 2. Revocable License Agreement - Mr. & Mrs. Blaszka – 102 NW Floresta Drive – River Park Unit Eight The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Mr. and Mrs. Blaszka to record the document in the Public Records of St. Lucie County, Florida. 3. Request to have the Board approve an Interagency Agreement with the Florida Department of Juvenile Justice for the operations of the Juvenile Assessment Center. The Board approved the Interagency Agreement with the Department of Juvenile Justice (D.J.J.) for the operation of the JAC Center. Since D.J.J. is a department of State Government, this Agreement can be approved without a RFP. Furthermore, D.J.J. would be $10,232.33 less expensive to operate per month than with the previous contractor. 4. Donation of Right-of-Way – Church of God Prince of Peace of Port St. Lucie, Inc. – 19 feet on Oleander Avenue – Resolution No. 10-155 The Board approved to accept the Warranty Deed of Donation, authorized the Chairman to sign Resolution No. 10-155 accepting the Warranty Deed of Donation and directed staff to record the documents in the Public Records of St. Lucie County, Florida. C. ST. LUCIE TRANSPORTATION PLANNING ORGANIZATION Resolution 10-151, Budget Amendment The Board approved Budget Resolution 10-151 in the amount of $169,052. D. GRANTS/DISASTER RECOVERY Harbor Branch Salt Marsh Restoration Project – Grant Application The Board approved submitting a grant application to the U.S. Fish and Wildlife Service for $1 million for restoration of 178 wetland acres at Harbor Branch Preserve. Also, the Board authorized to commit $15,311 to the Harbor Branch Wetland Restoration Project. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Village of Sunset Lakes – Amendment to the Official Zoning Atlas and Preliminary Planned Town or Village (PTV) site plan approval. Consider staff recommendation to adopt Resolution No. 10-028, granting approval of an Amendment to the Official Zoning Atlas and the Preliminary Planned Town or Village (PTV) site plan, with limiting conditions, for the project known as Village of Sunset Lakes as outlined in the 2 attached memorandum, and authorized the Chairman to sign the resolution as approved by the County Attorney. The Planning Manager addressed the Board on this item and advised them the Planning and Zoning Board had approved this project subject to conditions to the BOCC. Staff recommended that an additional condition be added requiring right and left turning lanes at each project entrance subject to possible designs and constraints. Com. Coward stated one of his concerns with this project is the out parcels and also the existing residents in that area. Staff advised the Board the applicant had indicated that additional buffering and green space would be provided between existing residents and proposed area to the north. Mr. Ramon Trias, Trias & Associates, representing the petitioner provided a presentation on the project and addressed the Board members questions. Com. Dzadovsky stated the Board has talked about development paying for itself. He asked if there were going to be sidewalks constructed in this project and if the infrastructure would be the responsibility of the residents. Mr. Trias advised Com. Dzadovsky there would be sidewalks as required and they will be maintained by the Homeowners Association. Com. Dzadovsky addressed if they had considered having a sustainable community with such things as solar lighting for street lights or lead components. Mr. Trias stated he was a lead certified professional and he could not confirm that this project would be certified into the lead category because there are some location requirements, however he does recommend following the lead requirements. Com. Dzadovsky asked if they would be able to increase their water storage on site. Mr. Trias stated they more than likely would due to the fact they will need to obtain permits from SFWMD and the Ft. Pierce Waster District. Also, they are designing the flow way in a more comprehensive way. He believes they can do it. Com. Dzadovsky addressed using re-claim water to irrigate the community. Mr. Trias stated one of the TVC requirements is to have re-claim water and he hopes they can design a system to use as much of this water on site as they can. Com. Dzadovsky asked what their time frame was for construction should the market improve. Mr. Trias stated they are looking to hopefully start in two years provided the market improves. He believes this project provides the environmental and water improvements that other developments do not as well as the quality. Com. Grande stated he has a problem with the mix and there is an unusual land design to begin with. This project settles for 2,000 sq ft. of retail which is one store, so you don’t get to reduce the number of trips. He believes what is being done with the water, the flow ways and the parks is great, but they are not getting the people to the stores. Mr. Trias stated the code is what it is and it is very complex. His role to some level is to think about what will happen in the future. Com. Craft expressed his concern with the intersection of Johnston and Indrio. He believes there is a signal coming in this summer. The County Engineer provided information regarding this intersection. Com. Craft stated he would like to see the applicant make an improvement prior to CO for 1/8 of a mile or so and asked the County Engineer what would be needed for such an improvement. The County Engineer stated they would need the engineering design associated with it. The assistance of an Engineer to put together a straight forward design. Mr. Trias stated he would be very happy to do this if the county designs it. 3 Ms. Kathryn McCracken, Golden Pond resident, addressed the Board and stated she disagreed with the Planning and Zonings analysis of buffers reducing impact. She urged the Board to deny this request. Mr. Daryl Crum, 2280 Johnston Road resident, addressed the Board and asked they be cautious due to the fact this is the first plan and it should be done right. He believes if they are only requiring 2,000 ft in retail, this property may be too small for the project and was told this was all traffic could handle. He questioned who would maintain the public parks. Mr. Crum was advised by the Planning Manager that even though the parks are open to the public, they will be maintained by the development. Mr. Victor Watt, Johnston Road resident, addressed the Board and stated he was in agreement with 1 house per acre, but not 700 they cannot get out of the driveway. He believes they are wasting tax payer’s money. He addressed the funding for the repair of the golf course. Com. Dzadovsky advised Mr. Watt these were MSTU funds for parks and they could not be used for anything other than these types of projects. Mr. Frank Lee, Meadowood resident, provided a video indicating his opposition to the project. Ms. Paula (unintelligible last name) Johnston Road resident, addressed the Board and stated her opposition to the site plan and stated it was inconsistent. She believes there will be a drastic change in the look of the area. She expressed her concerns with drainage. She stated she believed the traffic analysis is flawed as well as the revised environmental impact report. She believes the standards of review for re-zoning have not been met. Ms. Delores Patterson, Meadowood resident, addressed the traffic on Johnston Road presently. She does not understand where their exchange will go. Mr. Trias addressed the questions pertaining to the parks and their locations. Com. Dzadovsky questioned fire and emergency service. Mr. Trias stated they have a site, however when he spoke to the Fire District, they indicated no interest but it will be there if they change their mind. He also addressed the I-95 off ramp and stated the TVC road map has a proposed interchange for 2050. They looked at the connection on Immokalee Road and this is what is in the plan and stated all was taken into consideration, however he assumes the funding would not be available until 2050 for the interchange. Com. Grande asked if the deed restrictions would the state homeowners were responsible for the maintenance of the public accessed roads and parks since it was not a gated community. Mr. Trias advised the Board that this is how communities are built and how it is in the TVC plan. Com. Coward requested going back to Com. Craft’s prior comments on having Johnston Road and Indrio Road and having certain improvements completed up front rather than waiting. Mr. Trias proposed that if the county provides the design for the intersection this would be a good condition of approval for the development to pay for it. This would be phase 1, of the future project, construction design of the interchange and construction of the design. Com. Craft stated this intersection is very important because it is under a lot of stress presently and he thanked the petitioner for agreeing. Com. Dzadovsky stated he had asked for a commitment of having one or two of the civic areas used as hurricane shelters. He stated the applicant indicated they would take this into consideration. Com. Coward asked if there was a formula to identify what would be needed. The Planning Manager stated she had some discussion with the builder, but did not discuss size. The Planning and Development Services Director stated there are standards in place with the American Red Cross. Additionally there are building standards in place. 4 Com. Dzadovsky stated he would like to see it self- sustainable regarding hurricane shelters for the disabled and elderly as well as the use of re-claimed water and would like this as a condition. The applicant responded positively. Com. Dzadovsky also requested an area be defined for a pool rather than having those residents going to the Lakewood Park pool. The applicant stated there is a provision for this. Com. Grande addressed the design of the flow-way and stated they would need to meet drainage requirements of both entities at the beginning, plus investing in creating their portion of the flow- way. Mr. Trias stated he is very optimistic this will be successful drainage system. Com. Dzadovsky addressed the lead provision, the lighting district and lighting costs. He stated he would like to see this as a sustainable community solar lighting lad. Mr. Trias stated they would follow this as a standard even if they could not get certified. The Development and Services Director addressed the VMT (Vehicle Miles Traveled proposal). They are waiting for this proposal and once received they will move forward and the impact fees will be reflected in the VMT proposal. Com. Dzadovsky stated he would like to make this a condition based on proportionate fair share or VMT. The Development Services Director addressed Com. Dzadovsky’s request. Com. Grande stated he agrees with the idea of supporting the flow way and the movement towards the downtown area, however he has concerns with to go to the intensity of the village or neighborhood but not provide for the balance of the retail portion. This is a problem for him. Everything he has seen in this design is great, but the bottom line is they did not achieve the mix, the village that sustains the jobs and captures the trips. The Planning Manager addressed Com. Grande’s concerns and the process they went through regarding the commercial. She stated the concerns are valid; however the goal of the TVC was to provide for that and in other areas of the plan there are larger parcels of land that would accommodate and provide those services. This particular parcel was an isolated node of mixed use development and over all you do not have the roof tops that would be needed to support that retail. Com. Grande stated he is not sure does if this piece of land according to the rules produces what they should have on this parcel of land? Is it in the best interest of the community? Com. Lewis stated she agrees the traffic issue should be addressed and does this full fill what was to be the TVC. There are a lot of really good elements and will support the plan with the conditions as noted. The commercial issue has been to court and back so it has been addressed. Com. Coward stated there is a tremendous amount of opportunity for the mix of use to occur, but to think it will be on each parcel is unrealistic. He believes they need to look at the picture and not just this parcel. His concern is with compatibility. Traffic issues should be addressed and he concurs with Com. Craft’s condition. He would like to make sure the buffering is in place to protect exiting residents. They also need to define what the Board want there and need to have a minimum buffer standard in place. This would help the compatibility issues. QUASI JUDICIAL Com. Coward, Lewis, Dzadovsky, Grande and Craft all acknowledged meeting with Mr. Trias and the neighbors. Com. Grande stated he does not believe the mix is correct and believes they could come back with a better mix and felt there was no reason to approve this now since it would not happen for some time. 5 Com. Coward stated he would like to see the economic development opportunity portion carved out. He does not believe they need to work out the commercial aspect of the plan since it has been discussed extensively in the past. Mr. Trias stated he would work with staff to discuss the office space area. The County Attorney recommended continuing this item for two weeks to allow staff to develop the condition language with the applicant and bring it back to the Board. Com. Grande stated his comments today is how he feels, but would support staff working out the conditions based on the comments heard tonight this would be a way he would support it, he would have a problem supporting it tonight as it stands. Mr. Trias stated he would support a continuance to a date certain. The County Attorney outlined the issues to be discussed, resolved and brought back to the Board a.Traffic- Johnston Road and Indrio Road issues of timing, if the county to design and who will construct it b.Reclaimed water – using it to the extent possible c.Emergency shelters- generators utilizing American Red Cross standards d.Solar lighting construction with local lead and appropriate neighborhood standards e.Define buffering on north side, west side and south side also what is the minimum buffer required and what it includes (interior) f.Define pool amenity and the constructing of the bridge Com. Grande would like to look at the lands east and west and see about the integration of them Staff requested the continuance be scheduled for June 15 so that staff will have time to prepare. th It was moved by Com. Craft, seconded by Coward, to continue this item on June 15 at 6:00 pm. th or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. B. OFFICE OF MANAGEMENT AND BUDGET Amendment to the fiscal year 2009-2010 budget Consider staff recommendation to approve of Budget Resolution No. 10-116 amending the fiscal year 2009-2010 budget. It was moved by Com. Craft, seconded by Com. Coward, to approve Budget Resolution No. 10- 116, and; upon roll call, motion carried unanimously. VIII. COUNTY ATTORNEY Monroe County v. Priceline Class Action Lawsuit Consider staff recommendation to grant approval for the County to remain in the class. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. IX. HUMAN RESOURCES Prison Health Services Inmate Health Care Invoice, FY 2010 Second Quarter Consider staff recommendation to approve the payment of Prison Health Services invoice number PHS0007514 for the Second Quarter FY 2010, in the amount of $1,133,949.92 and budget amendment no. BA10-020 transferring $700,000 from the Reserve Fund to the Inmate Medical Fund. Com. Craft asked the Board to consider with the Public Safety Coordinating Council on this issue. Com. Craft moved to approve. Com. Dzadovsky requested the ability to make comments and asked Com. Craft if he would withdraw his motion. 6 At this time Com. Craft withdrew his motion to approve. A report was given by the interim Risk Manager on the shortage and pending invoices. He advised the Board these costs come from the County’s General Fund not the Sheriff’s budget. Com. Dzadovsky addressed the strain this issue has caused to all county’s within the state. He advised the Board of a Bill where the counties would be charged the Medicare Rate. The Chairman advised the Board this Bill proposes a 110% over the Medicare Rate. Com. Dzadovsky addressed the potential savings the county could have if they were able to get the Medicare Rate and asked how they could have discussions on this issue. The Interim Risk Manager stated they have had discussions with Lawnwood Hospital and proposed the 110% above Medicare rate and they have not responded as yet. Com. Dzadovsky requested this issue be brought back at an informal meeting and then if approved follow with a public meeting where everyone would come to the table. Com. Craft recommended until the state changes the rules; they can have all the public forums they wish, and until they can have that changed, he recommends finding other ways to reduce the cost. They need to educate the public possibly on SLCTV. We are paying 400% above Medicare presently. Com. Coward addressed the lack of competition and if we have the legal ability to install competition. There has to be an element of competition in order to obtain a reasonable rate. The Interim Risk Manager addressed the Board and stated he has had conversations with Martin Memorial and they have verbally offered basic billing at least 30% lower and have agreed to a 50% reduction of that And have also offered a 25,000 cap. Com. Dzadovsky stated if this trend continues, the county will be bankrupt and he believes they need to have a public discussion on this issue. Com. Craft stated they need to show the people in the community and explain to them that they are being affected. They need to take the right process, just having a public meeting will not get them where they wish to be. Com. Dzadovsky disagreed. He believes this would be part of the education process and would like for this issue to be discussed at an informal meeting and then have a public forum on the issue. The County Administrator requested to make the following foot notes: The county was not the one who put out the bid on the street to obtain the medical operator for the jail and with Lawnwood. The arrangement with Lawnwood and comparing it with the situation in Martin County, she met with the CEO of Martin Memorial and negotiated they contract with them and this is where they got that rate. In discussions with the medical provider at the jail, the Sheriff’s staff, the County Attorney staff and the hospital, the county is required by law to take inmates to the closest hospital when there is a medical emergency and this is where they get locked in with Lawnwood. In discussions with Martin Memorial, they are looking to contract for non-emergency issues and they believe they can offer us a better rate than Lawnwood. She has put Lawnwood on notice of this as an option when it comes to non-medical emergency. She also pointed out to the Board the request for additional $700,000 is being requested from the reserve funds. FY 12 has $18 million available to close the gap, this 700,000 comes out of the 18 million and continuing to chip away at those funds would increase the gap for FY 12. She did not ask for this from contingency because it would wipe it out and if another department needed funds before the fiscal year is out the funds would not be available. Com. Dzadovsky stated he wanted the residents to know that it was the Florida Legislature that was holding back on settling this issue state wide. Com. Craft stated they are working on invitations to the delegation to attend the Public Safety Coordinating Council showing them how these bills impact the counties. Com. Dzadovsky stated the State needed to start representing the people of the state and not the “Special Interests.” It was moved by Com. Lewis, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 7 X. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for March 2010 Consider staff recommendation to approve the payment of Prison Health Services invoice number PHS0007504 for HIV medications for the period of March 1, 2010 through March 31, 2010, in the amount of $21,059.86 It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. Unagendad Com Lewis requested the ratification of her appointment Mr. Bill Hammer to the Citizens Advisory Committee. It was moved by Com. Craft, seconded by Com. Dzadovsky to ratify Com. Lewis’ appointment, Mr. Bill Hammer to the Citizens Budget Committee, 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 8