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HomeMy WebLinkAboutBOCC Minutes 08-17-2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 17, 2010 Convened: 6:00 p.m. Adjourned: 7:30 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, Beth Ryder, Community Services Director, Mark Satterlee, Planning and Development Services Director, Jack Southard, Public Safety Director, Don West, Public Works Director, Lauri Case, Utilities Director, Debra Brisson, Parks and Recreation Director, Millie Delgado-Feliciano, Deputy Clerk _____________________________________________________________________________________________ 1. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the July 27, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held July 27, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-150 – “Florida Water Professionals Week” Consider staff recommendation to approve to adopt Resolution No. 10-150 as drafted. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Resolution No. 10-150, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident addressed the Board regarding the containers that are visible by the port. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 44, 45 and 46 The Board approved Warrant List No. 44, 45 and 46. B. COUNTY ATTORNEY 1. “After the Fact” Revocable License Agreement – Florida Gas Transmission Company, LLC – Picos Road and Rock Road The Board approved the “After the Fact” Revocable License Agreement, authorized the Chairman to sign the “After the Fact” Revocable License Agreement and directed Florida Gas Transmission Company, LLC to record the document in the Public Records of St. Lucie County, Florida. 1 2. Contract for Sale and Purchase – Old Dixie Greenway – Robert L. Wilcox – Purchase Tax ID 1417-131-0001-000/3 – Donation Tax ID 1417-134-0002-000/9 The Board approved the Contract for Sale and Purchase with Robert L. Wilcox for $12,350.00 along with the donated parcel, authorized the Chairman to sign the Contract and direct staff to proceed with closing and record the Warranty Deed in the Public Records of St. Lucie County. B. COUNTY ATTORNEY CONTINUED 3. Resolution No. 10-226: Memorandum of Agreement with Department of Transportation for Improvements within right-of-way of Sunrise Boulevard and Oleander Avenue The Board approved Resolution No. 10-226. 4. First Amendment to Facilities Use Agreement with Treasure Coast Food Bank The Board approved the First Amendment to the Facilities Use Agreement with Treasure Coast Food Bank. 5. Resolution No. 10-227 - North Lennard Road 1 Municipal Service Benefit Unit Special Assessment Bond Series 2010A Resolution No. 10-228 - North Lennard Road 2 Municipal Service Benefit Unit Special Assessment Bond Series 2010B Resolution No. 10-229 - North Lennard Road 3 Municipal Service Benefit Unit Special Assessment Bond Series 2010C The Board adopted Resolution No. 10-227, No. 10-228 and No. 10-229 and authorized the Chairman to sign the Resolutions. C. PARKS & RECREATION SERVICES Waiver of Fairgrounds Facility Rental Fees for the 2010 Love Doctors Charities Annual Toy Drive The Board approved waiving $2,156.25 in facility rental fees for the 2010 Love Doctors Charities Annual Toy Drive Marathon to be held at the St. Lucie County Fairgrounds, Exhibit Buildings A, B and C as outlined in the agenda memorandum. D. PLANNING & DEVELOPMENT SERVICES Right-of-Way protection map The Board approved advertising the public hearings to update and relocate the Right-of-Way Protection Map to the Land Development Code as outlined in the attached agenda memorandum. E. PUBLIC WORKS Engineering Division: 1. Acceptance of the Fairgrounds’ Pedestrian Bridge The Board approved the acceptance of the Fairgrounds’ Pedestrian Bridge. 2. White Way Dairy Road Culvert Improvement Project The Board approved the Fourth Amendment to Work Authorization No. 7 (C07-07- 387) for roadway design services with Miller Legg in the amount of $8,760 and authorized the Chair to sign documents as approved by the County Attorney. F. GRANTS/DISASTER RECOVERY Forest Health Improvement Initiative – Grant Acceptance The Board approved accepting a grant in the amount of $18,382.00 from the Florida Department of Agriculture and Consumer Services Division of Forestry, 2009-2011 Forest Health Improvement Initiative Grant Program to plant trees at Harbour Pointe Park and to approve Budget Resolution No. 10-224, as outlined in the agenda memorandum. 2 G. ENVIRONMENTAL RESOURCES Request to purchase a Wood Chipper The Board approved the purchase of a wood chipper, Equipment Request No. 10-039, as outlined in the agenda memorandum. H. PUBLIC SAFTEY & COMMUNICATIONS AT&T Contract Service Arrangement Agreement The Board approved the AT&T Contract Service Arrangement Agreement and authorized the Chairman to sign documents as approved by the County Attorney. I. CENTRAL SERVICES 1. Purchase ice machine for Central Services The Board approved Budget Amendment No. 10-030 and Equipment Request No. 10-038 to purchase a new ice machine in the amount of $4,957, as outlined in the agenda memorandum. 2. Amendment to Elevator Service Contract. The Board approved the first amendment to Contract No. C09-09-431 with General Elevator Sales & Service, to add additional elevators to the elevator service list, and authorized the Chairman to sign documents as approved by the County Attorney. 3. Hazard Mitigation Grant Program – Subgrant Agreement modification. The Board approved modifying the Sub grant Agreement between the Division of Emergency Management and St. Lucie County, as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. J. HOUSING & COMMUNITY SERVICES Community Services: 1. Community Services Block Grant (CSBG) American Recovery and Reinvestment Act Modification (ARRA) The Board approved the agreement modification for the CSBG ARRA and Budget Resolution No. 10-225, and authorized the Chairman to sign all necessary documents. J. HOUSING & COMMUNITY SERVICES CONTINUED 2. 211 Palm Beach/Treasure Coast, Inc. Agreement – Community Service Block Grant (CSBG) The Board approved the agreement with 211 Palm Beach/Treasure Coast, Inc. and authorized the Chairman to sign documents as approved by the County Attorney, as outlined in the agenda memorandum. K. INVESTMENT FOR THE FUTURE Central Services: Purchase lawn mowers for the Sheriff’s Department The Board approved Budget Amendment No. 10-030 and Equipment Request No. 10-040 and 10- 041 to purchase six lawn mowers for the Sheriff’s Department at a combined cost of $29,120, as outlined in the agenda memorandum. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 10-028 – Court Fees 3 Consider staff recommendation to approve proposed Ordinance No. 10-028. It was moved by Com. Coward, seconded by Com. Craft, to approve Ordinance No. 10-028, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Ordinance No. 10-029 – Surplus Property Procedure Consider staff recommendation to approve proposed Ordinance No. 10-029. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Ordinance No. 10-029, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY Ordinance No. 10-027 Economic Development Exemption Application – Silver-Line Plastics Corporation Consider staff recommendation to approve Ordinance No. 10-027 and authorize the Chairman to sign the Ordinance. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Ordinance No. 10-027, and; upon roll call, motion carried unanimously. D. ENVIRONMENTAL RESOURCES Resolution No. 10-108, River Park Marina Shoreline Variance Consider staff recommendation to approve Resolution No. 10-108 granting a variance from the provisions of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code – St. Lucie River Shoreline Setbacks, to allow for the construction of a pavilion on the River Park Marina property, located at 500 East Prima Vista Boulevard, as outlined in the agenda memorandum. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 10-108, and; upon roll call, motion carried unanimously. E. COUNTY ATTORNEY 404 East Easy Street, Fort Pierce, FL – Unsightly and unsanitary conditions causing serious threat to public safety. Consider staff recommendation to order the property owner to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. This item was pulled prior to the meeting. F. PLANNING & DEVELOPMENT SERVICES Prayer Tower – Rezoning and Preliminary and Final (PNRD) Planned Non Residential Development Site Plan approval. Consider staff recommendation to approve adoption of Resolution No. 10-106 granting approval of the rezoning request from RS-4 to PNRD and the Preliminary and Final PNRD Site Plan, as outlined in the attached memorandum. Com. Dzadovsky reiterated his position that no vegetation is to be removed prior to obtaining a building permit. Mr. Steven Cooper, representing the applicant, addressed the Board and stated they were in agreement with the conditions staff had presented. Com. Coward expressed his concern with the placement of the dumpster. He believed it was too close to a residential parcel where someone may build in the future and requested the applicant place the dumpster at a different location. 4 Com. Grande recommended placing the dumpster to the west side of the property where there is an unpaved road on the right of way. He asked the applicant if this would be acceptable. Mr. Cooper stated they could place it at that location and advised the Board the applicant would accept this new location of the dumpster. It was moved by Com. Coward, seconded by Com. Dzadovky to approve Resolution 10-106 as amended, and; upon roll call, motion carried unanimously. G. PLANNING & DEVELOPMENT SERVICES Kennels as a Permitted Use in the IL Zoning District Consider staff recommendation to review a text amendment to the LDC to include kennels as a permitted yet restricted use in the IL zoning district (Ordinance No. 10-026). Com. Craft stated his concern with this permitted use and stated he would rather see it as a conditional use and stated he cannot support it as is. Com. Coward stated he would agree with Com. Craft if it was near a residential area and this area is totally surrounded by industrial light uses. He expressed his concern with the costs of the conditional use process. He asked the Board to consider the fact that this type of a non-profit facility would save taxpayer thousands of dollars the county pays for euthanizing animals and felt this was cruel. The applicant addressed the Board and stated the conditional use process was too costly and felt the fee would be better served saving animals. Com. Grande stated he concurred with Com. Craft’s comments and stated he would like for the county to be consistent with the municipalities. The City of Port St. Lucie requires a conditional use and the City of Ft. Pierce do not permit this type of a facility in an IL zoning area. Com. Lewis stated she too concurs with the conditional use and believes there are some circumstances that she has see that would not make it work in the IL zoning as presented. Com. Coward asked if there was a method in which they could have conditions without going through the costly process or possibly waiving the filing fee. The County Attorney advised the Board they had the possibility of using two methods, one being a permitted use in draft with conditions and the other as a conditional use. He advised the Board that in the past the Board has paid the fee. He believes waiving the fee would cause a problem with others wishing to have the fee waived. The Planning and Development Services Director stated the applicant will incur additional fees through the conditional use process due to it’s being a process where there is a higher level of scrutiny. There are costs relating to engineers, planners or professional services needed in the process. Com. Grande stated he would like to see this application come back as a conditional use application noting the dollar amount of the additional costs. Com. Craft recommended bringing this back as a hybrid conditional use and a permanent use. The Board members concurred. VIII. COUNTY ATTORNEY Amended and Restated Interlocal Agreement between the County and the City of Fort Pierce – Parks MSTU Consider staff recommendation to approve the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Agreement. The County Attorney addressed the Board on this item and provided the following memo for informational purposes. On November 5, 2002, the County’s voters approved a referendum authorizing the County to establish a Municipal Services Taxing Unit (MSTU) for parks that would levy an ad valorem tax at a rate not to exceed 5 ¼ mill per annum for a term no longer than 20 years. On May 20, 2003, the County approved an Interlocal Agreement with the City of Ft. Pierce pertaining to the allocation of proceeds from the MSYU between the County and the City. The City approved the Interlocal Agreement on May 5, 2003. Subsequently, the City requested that the County consider changes to the Interlocal Agreement. The changes, as negotiated by County and City staffs, are set out in blackline form in the attached Interlocal Agreement. A “clean” form of the Interlocal Agreement is also attached. The Amended and Restated Interlocal Agreement provides that beginning on October 1, 2008 and continuing through December 31, 2023, the County shall retain on an annual basis, 26.90% of the debt service payments (Exhibit B) and shall pay the city the remainder of the MSTU proceeds collected in the City. The Agreement also provides for the City to take over maintenance responsibility for Maravilla Park (on January 1, 2011) and Dreamland Park (on January 1, 2012). The city approved the Interlocal Agreement on June 7, 2010 (copy of the minutes are attached). Com. Coward addressed the ability for the county to continue to make the bond payments and asked the County Attorney if he sees an instance where the county may not be able to make the payments such as a continued decrease in property values or if there is a clause somewhere in the agreement where it states as opposed to identifying a percentage that it is known that under any instance the payment will be made and only any dollars left afterwards would be made available. The County Attorney stated he was not involved in the negotiation and was not involved in the preparation of the table and believes those involved should be able to address his concerns. Com. Coward stated he wanted to be 100% safe as to how this is written and those payments will be made. He asked if staff was comfortable with this language and the payments would be covered. The County Administrator stated she was comfortable and that based on the projected values, she believes the payment would be covered. Com. Coward asked if there were reserves. The County Administrator stated they do have reserves on account. They are looking at estimates throughout the years, what should have been included was the projected amount they collect so they could see the debt service payment. She asked if she could pull this item and have the ability to discuss it with the Office of Management and Budget and provide the figures. Com. Grande stated he believed section 4 of the agreement may need to be reviewed. It does not indicated independently how much will be collected. Com. Coward stated he would like for it to be written in a way that all could understand it. It was the consensus of the Board to bring pull this item and bring it back on the 24 giving the County th Administrator the opportunity to confirm what is to be covered and work on the language as well. There being no further business to be brought before the Board, the meeting was adjourned. _____________________________ Chairman ________________________________ Clerk of the Circuit Court 6