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HomeMy WebLinkAboutBOCC Minutes 07-20-2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 20, 2010 Convened: 6:00 p.m. Adjourned: 10:20 p.m. Commissioners Present: Chairman, Charles Grande, Paula A. Lewis, Chris Craft, Chris Dzadovsky, Doug Coward (absent county business) Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Mark Satterlee, Planning and Development Director, Jim David, Mosquito Control Director, Jack Southard, Public Safety Director, Marie Gouin, OMB Director, Debra Brisson, Parks and Rec. Director, Mike Powely, County Engineer, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 22, 2010 meeting. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve the minutes of the meeting held June 22, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-208 – In recognition of the new St. Lucie County Foundation Board of the Hibiscus Children’s Center. Consider staff recommendation to adopt Resolution No. 10-208 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 10-208, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Resolution No. 10-207 – Proclaiming the week of July 18 to July 24, 2010 as “Probation, Parole and Community Supervision Week” in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 10-207 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-207, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY Resolution No. 10-201 – Proclaiming the week of July 19, 2010 as “Treasure Coast Waterway Cleanup Week” in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 10-201 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-201, and; upon roll call, motion carried unanimously. 1 V. GENERAL PUBLIC COMMENT Ms. Arden Peck, Chairperson for the South Beach Association, addressed the Board regarding the St. Lucie County beaches and the limited amount of coverage (lifeguards). She thanked the Board for taking a second look at the budget and coming up with a compromise to provide lifeguard coverage at the South Beach Boardwalk beach on the weekends. Ms. Loretta Finley, business owner of the Adult Activity Center for Seniors, addressed the Board regarding the transporting of senior to her facility. She advised the Board the Council on Aging will not transport seniors to her facility without a charge ($17.00) and would only transport them to the Council on Aging facility. The Board directed Ms. Finley to speak with the Community Services Director to obtain information and assist her. Ms. Ellie Baker, St. Lucie County resident, addressed the Board and requested they reconsider the lifeguard positions the county is looking to cut due to the budget. Ms. Chris Clerc, area resident addressed the Board and presented a petition requesting the beaches be guarded for the safety of the residents as well as the tourists. Mr. Jerry Falkner, Hollywood Florida resident and representing the US Life Saving Association, addressed the Board regarding the lifeguards and the effectiveness of them guarding the beaches. Mr. John Fitzpatrick, St. Lucie County resident, addressed the Board regarding the budget and recommended going from a non-chartered county to a chartered county. The Chairman advised Mr. Fitzpatrick this was something that only the residents of the county could petition the state to do. Mr. Paul Scholl, St. Lucie County resident, addressed the millage rate and recommended the Board speak with the Property Appraiser’s office and consider raining the taxable value of the properties rather than them millage. He stated he does not believe they should be paying more for something that has less value. Ms. Arlene Goodman, White City resident, addressed the Board and stated she did not have a problem with what the Board was recommending with regard to the millage rate, but is concerned with the increase in millage for the transit in St. Lucie County. She believes this could be better achieved by raising the fees to ride the bus. Com. Dzadovsky advised Ms. Goodman they are looking to increase the fee as well. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 39, 40, 41 and 42. The Board approved Warrant List Nos. 39,40, 41 and 42. B. COUNTY ATTORNEY 1. Termination of Road Improvement Agreement with Kirco Acquisition LLC for Interstate Business Park and release of Kirco’s security The Board approved terminating the Road Improvement Agreement with Kirco Acquisition LLC and release Kirco’s security. B. COUNTY ATTORNEY CONTINUED 2. 2010 Economic Development Exemption Application – Silver-Line Plastics Corporation; Ordinance No. 10-027 2 The Board accepted the report of the Property Appraiser and granted permission to advertise Ordinance No. 10-027 for a public hearing on August 17, 2010, at 6:00 p.m. or as soon thereafter as the item may be heard. 3. Permission to Advertise – Ordinance No. 10-028 – Court Fees The Board approved advertising proposed Ordinance No. 10-028 for public hearing before the Board of County Commissioners on August 17, 2010, at 6:00 p.m. or as soon thereafter as may be heard. 4. Permission to Advertise – Ordinance No. 10-029 – Surplus Property Procedure The Board approved advertising proposed Ordinance No. 10-029 for public hearing before the Board of County Commissioners on August 17, 2010, at 6:00 p.m. or as soon thereafter as may be heard. 5. County Deed – YMCA Parcels – Parcel I.D. Nos. 2416-504-0108-000/7 and 2416-504- 0107-000/0 The Board authorized the Chairman to execute a County Deed in favor of The City of Fort Pierce and directed staff to record the County Deed in the Public Records of St. Lucie County, Florida. 6. Resolution No. 10-205 – Urging the Governor to Declare the Balance of Florida's Coastal Counties as Disaster Areas This item was pulled. C. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for May, 2010 The Board approved payment of Prison Health Services invoice number PHS0007800 for HIV medications for the period of May 01, 2010 through May 31, 2010, in the amount of $42,017.77. D. PUBLIC WORKS Engineering Division: 1. Gator Trace Boulevard The Board approved accepting the constructed road improvements and authorized the release of the remaining surety in the amount of $589.43 pursuant to Chapter 11.04.01 of the St. Lucie County Land Development Code. 2. River Branch Estates Roadway Reconstruction project The Board approved awarding the bid to Lynch Paving & Construction Co., Inc. in the amount of $221,293 for construction of the River Branch Estates Roadway Reconstruction project and authorized the Chairman to sign documents as approved by the County Attorney. D. PUBLIC WORKS CONTINUED 3. The Grove, Indian River Estates, Palm Grove, Southern Oaks, and Meadowood Street Lighting Districts (SLDs) The Board authorized advertising the Notice of Public Hearings for The Grove, Indian River Estates, Palm Grove and Southern Oaks SLDs and authorized advertising a Revised Notice of Public Hearing for the Meadowood SLD to be held on August 24, 2010 at 9:00 a.m. or as soon thereafter as may be heard. 4. Walton Road Widening (Village Green Drive to Lennard Road) The Board approved Change Order No. 2 to the contract with Sheltra & Son Construction Co., Inc. in the amount of $147,796.05 for Walton Road Widening (Village Green Drive to Lennard Road) and authorized the signing of the documents as approved by the County Attorney. 3 5. Angle Road Sidewalk Project (Phases II and III) The Board approved rejecting the contract with H & D Construction Co., Inc. and authorized staff to rebid the Angle Road Sidewalk Project (Phases II and III). Administration: 6. Local Agency Program (LAP) Recertification The Board approved the Local Agency Certification Qualification Agreement with Florida Department of Transportation and authorized the Chairman to sign documents as approved by the County Attorney. E. COUNTY ADMINISTRATION Economic Development Council Third Quarter Invoice The Board approved the acceptance of the Third Quarter Report from EDC as fulfilling the requirements of the Contract and authorized the disbursing of payment in the amount of $62,500 towards the matching grant. F. ENVIRONMENTAL RESOURCES Environmental Regulations and Land Division: 1. U.S. Fish and Wildlife Service’s FY 2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program – Acceptance of Grant The Board authorized accepting a grant from the U.S. Fish and Wildlife Service’s FY 2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program in the amount of $286,298, and authorized the Chairman to sign documents as approved by the County Attorney. Administration: 2. Draft Ordinance No. 10-015 - Multi-purpose paths and greenways & trails. The Board granted permission for two public hearings to be held for Draft Ordinance No. 10-015 to amend the Land Development Code to include requirements for multi-purpose paths and greenways & trails. G. PLANNING & DEVELOPMENT SERVICES Business & Concurrency Division: Project Leeway – Revised Letter of Intent The Board authorized the County Administrator to send a Revised Letter of Intent to offer Project Leeway: (1)An Ad Valorem Tax Abatement phased over five years subject to Board approval at a public hearing, Project Leeway making an approximate capital investment of $5,800,000 in St. Lucie County and Project Leeway hiring 13 employees (11 full time equivalent) at an average hourly wage of $17.41 (Estimated Value = $136,227); and (2) A Job Growth Incentive Grant (JGIG) of $18,150 phased over three years. H. HOUSING & COMMUNITY SERVICES Housing Division: 1.Award of Housing Rehabilitation/Replacement Bids The Board approved the bid awards for one replacement and five rehabilitation housing projects under the St. Lucie County CDBG and HOME grants, and authorized the Chairman to sign documents as approved by the County Attorney. 2.Award of Neighborhood Stabilization Program (NSP) Rehabilitation Bids The Board approved the bid awards for four rehabilitation housing projects under the St. Lucie County NSP Grant, and authorized the Chairman to sign documents as approved by the County Attorney. 3.Environmental Protection Agency (EPA) Climate Showcase Communities Grant 4 The Board approved submitting an application for the EPA Climate Showcase Communities grant, and authorized the Chairman to sign documents as approved by the County Attorney. 4.Adoption of The National Industry Standards for Homeownership Education and Counseling The Board approved Resolution 10-209 adopting The National Industry Standards for Homeownership Education and Counseling, and authorized the Chairman to sign documents as approved by the County Attorney. Administration: 5.Council on Aging (COA) Meals on Wheels First Amendment The Board approved the contract amendment with the Council on Aging of St. Lucie, Inc. for support of Meals on Wheels and authorized the Chairman to sign all documents as approved by the County Attorney. 6.Choose Life Funding Award The Board approved awarding and the grant agreement with Care Net Pregnancy Services of the Treasure Coast and Home for Families; and authorized the Chairman to sign all documents as approved by the County Attorney. I. CENTRAL SERVICES 1.Award of Bid No. 10-042 – Construction of Little Mud Creek Boat Ramp The Board approved awarding Bid No. 10-042 to Summerlin’s Marine Construction, authorized the Chairman to sign documents as approved by the County Attorney, approved Budget Resolution No. 10-153 and Budget Amendment No. 10-023. 2.Invitation to Bid hurricane shutter installation at Ave. C Health Department The Board approved advertising an Invitation to Bid for Hurricane Shutter Installation at Avenue C. Health Department. J. PARKS & RECREATION SERVICES 1. Concession Services for South County Regional Stadium The Board approved the fourth amendment to Contract No. C06-04-447 with Jimmy Kemp and Domenick Collura adding South County Regional Stadium to the contract, as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. 2. New Change Fund Request for South County Regional Stadium The Board approved establishing a change fund in the amount of $1,000 for South County Regional Stadium as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. K. GRANTS/DISASTER RECOVERY DEPARTMENT 1.Florida Energy and Climate Commission, Florida Clean Energy Program – Grant Application The Board approved submitting a funding application for $500,000 to the Florida Energy and Climate Commission, Florida Clean Energy Program. 2. Severe Repetitive Loss Program – Contracts The Board approved executing the Severe Repetitive Loss (SRL) agreements with six homeowners, (Attachment A), to sign Final Mitigation Offers and Consultation Agreements, and to approve Budget Resolution Nos. 10-195, 10-196, 10-197, 10-198, 10- 199, and 10-200 (Attachment B) to establish the project accounts. 5 3. Florida Department of Transportation, County Incentive Grant Program – Two Grant Applications The Board approved: (1) of Staff’s recommended prioritization of two proposed grant applications; (2) of the submittal of two applications to the Florida Department of Transportation, County Incentive Grant Program for a total amount not to exceed $10,838,742. VII. PUBLIC HEARINGS A.COUNTY ATTORNEY Ordinance No. 10-024 – County Seal and Logo Consider staff recommendation to approve proposed Ordinance No. 10-024. It was moved by Com. Craft, seconded by Com. Lewis, to approve Ordinance No. 10-024, and; upon roll call, motion carried unanimously. B-I. PUBLIC WORKS Holiday Pines, Blakely, Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Paradise Park, and Palm Lake Gardens Street Lighting Districts Consider staff recommendation to approve adoption of Item No. VII-B Resolution No. 10-174, Item No. VII-C Resolution No. 10-175, Item No. VII-D Resolution No. 10-176, Item No. VII-E Resolution No. 10-178, Item No. VII-F Resolution No. 10-179, Item No. VII-G Resolution No. 10-180, Item No. VII-H Resolution No. 10-181, and Item No. VII-I Resolution No. 10-182, as outlined in the agenda memorandum. B.Resolution No. 10-174 Mr. Williams Adams, Holiday Pines resident, addressed the Board and expressed his concerns with what he felt was the increase in the cost of the assessment. Mr. Jeff Stives, Holiday Pines resident, addressed the Board with what he felt was the county continuing to add assessments to the tax bill It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 10-174, and; upon roll call, motion carried unanimously. C.Resolution No. 10-175 No public comments It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve Resolution No. 10-175, and; upon roll call, motion carried unanimously. D.Resolution No. 10-176 No public comments It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-176, and; upon roll call, motion carried unanimously. E.Resolution No. 10-178 Ms. Bergman, Naranja resident, River Park I addressed the Board and stated she felt she was being charged for lights she does not receive. She stated her street lights are very dim and are placed at every 5 lots. She would like better lights if she has to pay for them. Com. Dazadovsky recommended to staff that they contact FPL to take a look at the lights in the area to see if they have properly undergone maintenance or maybe the bulbs may need to be replaced since they were installed quite a few years ago. 6 Mr. John Sewell, on behalf of his mother who lives in River Park I, addressed the Board and recommended they look at replacing the lights with solar in order to lower the costs to the area residents. Mr. Antonio Arrollo, River Park resident questioned if the assessment was an annual cost. He advised the Board he was very happy to be living in an area that had street lights. Staff advised Mr. Arrollo this would be an annual assessment on the tax bill. Mr. Frank Hartman, River Park resident and representing the River Park Civic Association addressed the Board and asked if anyone knew the cost to operate each street light for the year. He expressed his concerns with the amount and equitability. He asked if we had a staff member who was able to do such a study. The County Administrator advised the Board they are in the process of bringing back an alternate proposal to the Board regarding the position that was previously filled for a couple of weeks. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-178, and; upon roll call, motion carried unanimously. F.Resolution No. 10-179 No public comment It was moved by Com. Craft, seconded by Com. Dzadovsky to approve Resolution No. 10-179 and; upon roll call, motion carried unanimously. G.Resolution No. 10-180 Ms. Arlene Bernard, Sheraton Plaza resident, addressed the Board with regard to her large FPUA utility bill and expressed her concern with adding another cost to the bill. The Board advised Ms. Bernard they could not control the cost of the utility provided by FPUA, however the cost for the street light will be on the tax bill and not included in her utility bill. Ms. Mildred Legate, Sheraton Plaza resident, addressed the Board regarding the high cost of utilities provided by FPUA. Ms. Martha Lewis, Sheraton Plaza resident addressed the Board and asked if this cost was an across the board cost. She also advised the Board that her lights were very dim. Com. Dzadovsky addressed Ms. Lewis’ questions. He stated each district has a different number of lights and the cost would differ according to that number. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 10-180, and; upon roll call, motion carried unanimously. H.Resolution No. 10-181 No public comments It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-181, and; upon roll call, motion carried unanimously. I.Resolution No. 10-182 No public comments It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 10-182, and; upon roll call, motion carried unanimously. J. PLANNING & DEVELOPMENT SERVICES 7 Rezoning Request – Lucie Rock, LLC Consider staff recommendation to approve adoption of Resolution No. 10-105 approving the petition of Lucie Rock, LLC, for a change in zoning from AG-1 (Agricultural – 1du/ac) to IL (Industrial, Light), as outlined in the agenda memorandum. Mr. Lee Dobbins, attorney for the petitioner was available to answer any questions the Board may have. Com. Grande addressed the possible loss of the Agriculture exemption. Mr. Dobbins advised the Board they would hope to maintain the exemption until such time as the industrial park site plan is approved. The County Attorney advised the Board the exemption determination is made by the Property Appraiser’s office not the Board of County Commissioners and can be appealed through the Value Adjustment Board. Quasi-Judicial Com. Craft acknowledged he had contact with the applicant. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. K. PLANNING & DEVELOPMENT SERVICES Rezoning Request - Juan Venegas Consider staff recommendation to approve adoption of Resolution No. 10-031 granting approval of a rezoning request from RS-3 to AR-1 as outlined in the agenda memorandum. Com. Dzadovsky expressed his concern with the applicant operating a nursery on the property and it not be compatible with the area. Mr. Robert Solet, area resident, addressed the Board and asked if the applicant was to sell the property, what could be placed on it other than the horses. He stated he did not have a problem with the horses being kept on the property. Staff advised the Board the applicant would need to apply for a conditional use and go through the process if he wished to do so. It would then be scheduled to appear before the Board for approval. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. L. PLANNING & DEVELOPMENT SERVICES Conditional Use Permit approval for a sand mining operation to be known as SR 70 Borrow Pit at Adams Ranch Consider staff recommendation to approve Resolution No. 10-103 granting a Conditional Use Permit for a sand mining operation, as outlined in the agenda memorandum. Quasi-Judicial Com. Craft, Com. Lewis and Com. Grande acknowledged having contact with the applicant. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve staff recommendation, and; upon roll call, motion carried unanimously. M. PUBLIC WORKS Engineering Division: Adams Ranch State Road 70 Borrow Pit Consider staff recommendation to approve the mining permit application for Adams Ranch State Road 70 Borrow Pit subject to the approved plans and the General and Special Conditions. 8 It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. VIII. MANAGEMENT & BUDGET (This item was pulled prior to the meeting.) Approval of proposed millage rates and dates for public hearings Board approval of: 1.Advise the Property Appraiser of the millage rates as outlined on “Worksheet Analysis of Roll-Back Millage Rate for fiscal year 2010-2011” under the column headed “2010-2011 proposed millage.” 2.Set two public hearings on September 9 and 23 2010, at 6:00 P.M. in the Roger Poitras thrd Administration Annex Commission Chamber. 3.Authorize the County Administrator to be able to modify the millage rates between General Fund and Fine and Forfeiture Fund as long as the total countywide millage stays the same. Also, authorize the County Administrator to transmit the proposed millage rates to the Property Appraiser on Form DR- 420, DR-420 C-P and DR-420 TIF. 4.Set the proposed aggregate millage as outlined on “Worksheet Analysis of Roll-Back Millage rate for fiscal year 2010-2011” under the column headed “2010-2011 proposed millage”. IX. PLANNING & DEVELOPMENT SERVICES Business & Concurrency Division/Tourism: TDC Capital Funding for National Navy UDT-SEAL Museum Consider staff recommendation to enter into a grant agreement with the National Navy UDT-SEAL Museum to allocate future TDC capital funds generated from the 33% of the fifth cent Tourist Development Tax in an amount not to exceed $470,000 including interest to fund the museum’s expansion project. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call motion carried unanimously. Com. Craft addressed the discussions being held regarding the attempt to bring costs down at the jails. There were various agencies exchanging ideas and hopefully some of these ideas will save the taxpayers of St. Lucie County some costs in operating the jail. There being no further business to be brought before the Board, the meeting was adjourned. _____________________________ Chairman _______________________________ Clerk of the Circuit Courts 9