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HomeMy WebLinkAboutBOCC Minutes 06-01-2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 1, 2010 Convened: 6:00 p.m. Adjourned: 11:30 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Lauri Waldie, Utilities Director, Beth Ryder, Community Services Director, Jim David, Mosquito Control Director, Don West, Public Works Director, Karen Smith, ERD Director, Mark Satterlee, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 25, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held May 25, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS Mr. Sean Mitchell presented an update on the Green Collar Task Force. V. GENERAL PUBLIC COMMENT Ms. Patricia Ferrick, White City resident, addressed the Board as a member of the Citizens Budget Committee and provided the recommendations presented at the Strategic Planning Session. Com. Dzadovsky responded to Ms. Ferrick’s comments. Com. Coward addressed the School Resource Officers program and provided a verbal summary of the events which occurred last budget sessions where the Board provided the additional funds needed to fund the program this current budget year. He reminded those present that these funds were needed due to the fact that the other partners in the SRO program had pulled out of providing their portion of the funding. Mr. Mark Boston, Nettles Island resident thanked the Board for their support in achieving the placement of a traffic signal in the Nettles Island area in 2012. Mr. John Arena, area resident addressed the Board regarding recent vandalism occurring at his home. He believed this was due to his comments regarding the drug problems in our area. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 35 The Board approved Warrant List No. 35. B. COUNTY ATTORNEY 1 1. Ordinance No. 10-025 – St. Lucie County Energy Improvement District; Permission to Advertise The Board granted permission to advertise Ordinance No. 10-025 on June 15, 2010 at 6:00 p.m. or as soon thereafter as possible. 2. Request to have the Board to approve a participation agreement between Florida Association of Clerks of Court (FACC) Services Group and St. Lucie County Drug Lab for the use of credit card transactions. The Board approved the “MYFLORIDACOUNTY” participation agreement. B. COUNTY ATTORNEY CONTINUED 3. Certificate of Participation for the Byrne Memorial Justice Assistance Grant (JAG) Program for FY2010/2011 from the Florida Department of Law Enforcement in the amount of $206,153.00. The Board approved the County’s participation as the coordinating unit of government in the FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency (F.P.P.D., P.S.L.P.D., and S.L.S.O.). 4. Removable License Agreement – Imperial Testing Laboratories, Inc. – Kim’s Fina at Angle Road – Monitoring Wells The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and instruct Imperial Testing Laboratories, Inc. to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 5. Treasure Coast FBO, LLC - Assignment of Donald M. Ayres Hangar Sublease to Keith J. Snyder The Board consented to the proposed Assignment and Assumption from Donald M. Ayres to Keith J. Snyder, and authorized the Chairman to sign the document. 6. Volo Holding Fort Pierce, LLC - Assignment of Wolfenden Enterprises, Inc. Hangar Sublease to Marine Connection Liquidators, Inc. The Board consented to the proposed Assignment and Assumption from Wolfenden Enterprises, Inc. Hangar Sublease to Marine Connection Liquidators, Inc., and authorized the Chairman to sign the document. 7. St. Lucie County v. State of Florida, et. al.; Validation of North Lennard Road MSBU Special Assessment Improvement Bonds Based on the recommendations of the County’s consulting engineer, The Board approved the proposed settlement with ExxonMobil. C. GRANTS/DISASTER RECOVERY Severe Repetitive Loss Program – Contracts The Board approved one Severe Repetitive Loss grant contract with the Florida Department of Emergency Management as outlined in the attached memorandum. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A-D. PUBLIC WORKS Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts 2 Consider staff recommendation to adopt Item No. VII-A Resolution No. 10-163, Item No. VII-B Resolution No. 10-164, Item No. VII-C Resolution No. 10-165, and Item No. VII-D Resolution No. 10-166 as outlined in the agenda memorandum. Mr. James Klausman, property owner, addressed the Board regarding the cost for street lighting for 5 rental properties in the area. He stated he was not sure if the tenants would be able to afford the additional cost he would have to place on their rent since most of his tenants are on a fixed income. Com. Coward advised Mr. Klausman his cost would more than likely be less due to the fact they are rental properties and not homesteaded. Com. Dzadovsky also advised Mr. Klausman he had requested staff look into retrofitting the lights which may save the residents some money in the future. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 10-163, and; upon roll call, motion carried unanimously. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 10-164, and; upon roll call, motion carried unanimously. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-165, and; upon roll call, motion carried unanimously. It was moved by Com. Craft, seconded by Com. Dzadovsky to approve Resolution No. 10-166, and; upon roll call, motion carried unanimously. E. COUNTY ATTORNEY Resolution No. 10-113 – TVC Municipal Services Taxing Unit Consider staff recommendation to adopt Resolution No. 10-113 and authorize the Chairman to sign the Resolution. Com. Lewis advised the Board and those present that in the past she had voted against this process, however, she will vote in favor of this resolution today due to the agreement with the DCA and also the fact that they will not be levying a tax at this time. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 10-113, and; upon roll call, motion carried unanimously. F. PLANNING & DEVELOPMENT SERVICES Planning Division: Transmittal hearing for the Evaluation and Appraisal Report-Based Amendments of the Comprehensive Plan Consider staff recommendation to approve transmittal of the Evaluation and Appraisal Report- Based Amendments of the Comprehensive Plan to the Department of Community Affairs. Ms. Lorraine Tappen, Calvin, Giordano and Associates presented the changes made to the EAR Based Comprehensive Plan Amendments per the Board’s direction at the May 25, 2010 informal meeting. Com. Coward stated in objective 3.2.7 he is not in favor of the words “ retire by sheer energy efficiency” and would like to incorporate renewable energy, he does not wish to have this left out. Com. Dzadovsky stated he concurred and also addressed the gray water and re-claimed water provision. The Growth Management Director stated in the expanded language of objective 3.2.7 it does indicate what he is requesting. Com. Coward questioned if 3.2.1.2 also has expanded language regarding the operational cost of the home as well. This is what was requested at the last meeting. 3 Ms. Tappen stated this could be added. Com. Coward stated he would like to add about the green enhancements that would assist in the operational cost of a home. Com. Dzadovsky addressed a provision for more expansive on site storage before water is discharged before getting to the Lagoon. The Growth Management Director stated the State of Florida is looking at the water quality rules and they do not wish to step out in front of the State at this time and this was concluded during a staff discussion on the issue. Com. Dzadovsky recommended keeping documentation when an area floods and whether their retention areas can hold the water. Com. Craft recommended sending a letter to the SFWMD and asking them to review their current on site storage capacity. Ms. Tappen advised the Board the SFWMD is currently updating their storm water rules. Com. Craft asked staff if they felt they had addressed Mr. Harrison’s( Adams Ranch) comments as presented in this letter. The Growth Management Director stated they had discussions with Mr. Harrison and they believed his comments regarding the conservation element had been addressed but would let him acknowledge this under the public comment section of this hearing. Com. Craft asked if the city parks were included in the overall counts. The Growth Management Director stated they had many discussions on the issue of maintaining the parks. Com. Craft stated he would like to make sure the county does not bear the cost of any new parks should the cities decide to go on a “parks spree” and the same with the preservation land. Ms. Tappen stated she would also like to establish a policy coordinating with the Fire District and a development of service standards. Public Comments: Mr. Peter Harrison, representing the Adams Ranch, addressed the Board and stated staff had Resolved many of the language issues. He expressed his concern with the conservation element where he felt agriculture could be regulated and pulled in unnecessarily. He believes they are already regulated and they today must maintain many records. He requested the Board review page 3 of his letter and stated in the Future Land Use element he had asked for the word “conserve” be added in many areas. The Growth Management Director stated staff felt this issue would be best addressed through The Western Lands Study and they did not feel comfortable enough to jump in on it. Mr. Jonathan Ferguson, Land Use Attorney, addressed the Board and stated they had received his written comments and felt it was not necessary to review them. He requested the Board continue to look at the language after the DCA’s comments are received. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the transmittal to include the updated policies as provided from the last informal meeting held on May 25 and reflected in the memo provided by Ms. Wilson dated June 1, 2010 and the comments made this evening, and; upon roll call, motion carried unanimously. G. UTILITIES Resolution No. 10-149, Rates, Fees and Charges Consider staff recommendation to adopt Resolution No. 10-149 authorizing the adjustment of water, wastewater, and reuse utility rates, fees and charges within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibits. 4 The Utilities Director addressed the Board on this issue and provided a history on the St. Lucie County Utilities. She advised the Board that unlike various counties who obtained grants for their utility, St. Lucie County built their utilities by acquisition. The infrastructure was also a debt that was acquired by St. Lucie County. Mr. Dan Anderson, CDM Consultant for Utilities, addressed the Board and presented the rate study and background information. They are recommending a 33.6% rate increase across the Board. The increase would become effective July 1 and would be in effect all of 2011. All of the utility customers would pay the one st consolidated rate. Com. Craft stated he had an issue with residents who are not on the island during the full year. The Consultant stated the 2500 gallons a month would be for inside uses. Com. Craft stated he felt this number was not equitable and this threshold was too low. The Consultant stated they did not want to overcharge multi-family customers for basic usage. Com. Grande addressed the 5% prior projected increase for the fall. The Consultant addressed Com. Grande’s questions. He stated the effective rate of 5% will now be 6% due to their looking at the additional revenue generated by the water and waste water customers added it together and then dividing it by the estimated revenue, the percentage increase is a result of the reduced customer base from what they had projected previously. They had anticipated continued growth when they did the study last year. They expect a decrease in the next fiscal year, so the expected increase is now 6% rather than 5%. Public Comment: Ms. Devon Saya, Indian River Estates Homeowners Assoc., addressed the Board and stated it was not fair that the residents (water customers ) of Indian River Estates should be paying for sewer services they do not have. She stated the residents of Indian River Estates requested the Board approve this item. Mr. Russell Erickson, Lakewood Park resident, addressed the Board and the 10 million dollar debt and questioned where it came from and if it is the water department’s debt. The Utilities Director addressed Mr. Erickson’s question. The debt was to be paid when the customers came on board and most of them have not. There are some water lines going north on U.S 1 and also being used by Portofino Shores and it is being used. Mr. Erickson stated he believed all things being equitable is fair, but when he thinks about equitable he believes it’s everyone being brought to an area where they would survive and he remembered the increase being to 11%. The Utilities Director stated it was to 5, 5 and 5. They implemented the first two 5%’s. Mr. Bill Sprutker, North Hutchinson Island resident, addressed the Board and recommended the usage tier be increased. He believes the consultant wants to articulate rather than providing all the facts. He stated they are looking for a good product at a fair price and he does not believe this is happening. Mr. Randy McGary, Holiday Pines resident, addressed the Board and stated he agrees with the reduction especially since he is paying $300 more than the residents of North Hutchinson Island. Ms. Kathy Dyer, Indian River Estates resident, addressed the Board and stated she would appreciate if the Board would approve the rate study and felt it was not fair that she should be paying sewer costs for others when she does not have sewer services. Mr. John Alva, Indian River Estates resident, addressed the Board and stated he felt everyone should be treated fairly and should pay an equal amount. Mr. Craig Mundt, North Beach Association, addressed the Board and stated most of the residents on North Hutchinson Island are on septic not sewer. He stated should the rates increase 30% this would be an estimated $240.00 increase a year. 5 Ms. Janet Dyer, Indian River Estates addressed the Board and stated they have been paying the additional costs for a while and felt this was not fair. Ms. Diane Andrews, Queens Cove resident, addressed the Board and stated she questioned North Hutchinson Island being included in this district. She believes they were improperly included and requested this be researched. The County Attorney addressed this issue and stated in 1992 the county bought an investor owned utility and the county incurred the debt and they since have upgraded the utility and he believes this was at the request of the residents. He also stated in the context of what they are looking at in Chapter 153, it appears that North Hutchinson Island is contiguous. Com. Dzadovsky stated this was a concern because North Beach is unincorporated and he fears the city of Ft. Pierce would want to annex the area. Com. Grande stated he did not believe the residents would voluntarily want to be annexed and there is an agreement in place between the city and the county. Ms. Andrews advised the Board that in 1997 the city of Ft. Pierce attempted to annex North Hutchinson Island and they were stopped at the Little Jim Bridge. Com. Craft stated he does agree with the rate study, however he believes the 2500 threshold need to be adjusted and until then he cannot support this item and he is not sure if staff or the Board can get to a place where they are comfortable. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Craft; Aye’s: Coward, Lewis, Dzadovsky, Grande, motion carried by a vote of 4 to 1. H. COUNTY ATTORNEY Ordinance No. 10-021 – Pain Management Clinics The Sheriff’s office representative addressed the Board and expressed concern about people coming to St. Lucie County from other counties to the south to obtain pain pills. He stated this has caused a problem with over dosage and death in many cases. This is the first of two public hearings. The second hearing will be on June 15, 2010 at 6:00 p.m. or as soon thereafter as may be heard. No action required. The Board directed staff to move on to the second public hearing. END OF PUBLIC HEARINGS VIII. COUNTY ATTORNEY Interlocal Agreement – Treasure Coast Research Park Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. The County Attorney addressed the Board on this item and reviewed the interlocal agreement and the changes. He advised the Board of changes the City Attorney would not agree to and stated the City Attorney advised him that he would need to have further discussions with the City Commission on those requested changes. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the interlocal agreement as amended and approval by the City Attorney, and; upon roll call, motion carried unanimously. 6 IX. COUNTY ATTORNEY Code Enforcement Case No. 65167- 7704 Salerno, Fort Pierce, FL - Unsightly and Unsanitary Matters Consider staff recommendation to authorize a 30 day notice be sent to the property owners ordering them to remove the unsightly and unsanitary matters on the property or St. Lucie County will have it abated, including, but not limited to, removing the dead trees, killing or removing the bees, and place a lien on the property. It was moved by Com. Craft, seconded by Com. Dzadovsky 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 7