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HomeMy WebLinkAboutBOCC Minutes 09-07-2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 7, 2010 Convened: 6:00 p.m. Adjourned: 9:00 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, Don West, Public Works Director, Marie Gouin, OMB Director, Millie Delgado-Feliciano, Deputy Clerk ______________________________________________________________________________________________________ I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the August 24, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held August 24, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-238 – “Workforce Development Month” Consider staff recommendation to approve to adopt Resolution No. 10-238 as drafted. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Resolution No. 10-238, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Sheriff Mascara addressed the Board regarding the School Resource Officers program and provided the history of the program. He addressed his proposal to the Board to reduce the additional needed funding to 1.2 million a savings of $400,000 and stated he would continue to fund the program at his current level. Com. Dzadovksy addressed Florida Statute 1006.12 where it indicates the program is under the obligation of the School Board and it also stated the salaries may be funded by the School Board and in conjunction with a law enforcement agency. He advised the Sheriff and the Board there is another funding option and alluded to 932.7055 Disposition of Liens and Forfeited Properties, this can be used for School Resource Officers funding. Com. Grande stated he and the Sheriff had meetings with the Mayor’s of the cities regarding the future funding of the SRO program. He hopes the Sheriff and the Mayors in the future will agree to an MSTU as a separate line item on the taxes for the SRO program. They will continue discussions with the partners to see if they can find a way to get through the next school year. Ms. Vicky Rodriguez, Teacher’s Association representative addressed the Board and requested all parties get together and have discussions regarding the funding of the SRD program. Com. Coward addressed her comments on partnerships. He stated this was a 4 way partnership and of those four partners, only one has continued to fund the program and that is the Board of County Commissioners. He does not understand why she has presented this issue to the one partner who is still funding the program and asked if she had addressed this issue with the other partners. Ms. Rodriguez stated she was not asking for funding, but asking that they make a commitment to meet with the other parties and have the conversation that needs to be had. She will be asking the School Board on the 14 for the same th commitment. Ms. Terri Pinney, addressed the Board regarding the possibility of the lack of SRO’s in middle schools. He provided various experiences she had as a middle school teacher. She thanked the Board for their continued support. Mr. James Brown, Ft. Pierce resident and Pastor of the Avenue Q Church, addressed the Board and requested the Board consider funding the program at a higher level. 1 Mr. Michael Sunenbloom, area Pediatric Doctor, addressed the Board and stated the safety issue for the children is paramount. Ms. Amy Franklin, area resident, addressed the Board and asked the Board to continue to support the program. Mr. Damien Strawbridge addressed the Board and provided information on how the School Resource officers program helped him when he was a teen heading in the wrong direction. Mr. Adam Fetterman, State Representative, addressed the Board and commended them for their continued support and stated he would assist in any way possible at the legislative level. Ms. Carriann Monahan, Teacher at Ft. Pierce Central addressed the Board in support of the program. Mr. Troy Lover, School Resource Officer, addressed the Board and provided information on incidents at the schools and stated they were in fact saving lives in dealing with troubled kids. Ms. Angela Flowers, area resident addressed the Board and requested information on the use of grant funds. Mr. Jason Cannon, representing the St. Lucie County Deputy Association, addressed the Board and requested the Board consider providing the additional 1.2 million needed for the program. Com. Dzadovsky addressed the forfeited property funds once again and asked if this was something to consider. Mr. Cannon stated these funds would not be re-occurring funds, it is a fluid account. Mr. John Arena, area resident, addressed the bullying in schools. Mr. Ted Munson, area resident, addressed the Board and thanked them for their support and asked for their commitment to meet with the other partners and try to get them on board. Mr. Mike Lennan, Superintendent of Schools addressed the previous discussion held regarding the MSTU proposed by School Board members. He stated he would stand shoulder to shoulder to make it happen. He advised the Board the School District did not have 1.2 million to provide for the program, but he was not saying he would come in at zero either. He urged the Board to have the discussions with the other entities. Com. Coward stated they would take up Mr. Lennan’s offer to find some funding for the program. He stated he would support supplemental funding for the SRD’s provided each entity came up and stood in partnership to bring in the 1.2 million, this includes the Sheriff, the School Board and the two cities. The other Board members did not comment on this issue further. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda minus item G-1, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 48 and 49 The Board approved Warrant List Nos. 48 and 49. B. COUNTY ATTORNEY 1. Contract for Sale and Purchase – Midway Road Improvements – Four-Laning of Midway Road from South 25 Street to Selvitz Road – WMW, LLC – Parcel I.D. 3405-411-0003-000/5 th The Board approved the Contract for Sale and Purchase from WMW, LLC, authorized the Chairman to sign the Contract, directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 2. Award of RFP #10-034 - Appraisal Services The Board approved awarding RFP #10-034 to the following four firms: Callaway & Price, Inc., Florida Acquisition & Appraisal, Inc., Fuller-Armfield-Wagner Appraisal & Research, Inc., and PBS&J. The Board authorized the Chairman to sign the Contracts as prepared by the County Attorney’s office. 3. Contract for Sale and Purchase – Permanent Utility Easement for Water and Forcemain – HHHP Associated (Hendler/Schwartz) – Parcel I.D. 2325-331-0003-000/2 and 2336-212-0021-000/2 The Board approved the Contract for Sale and Purchase of a Permanent Utility Easement, authorized the Chairman to sign the Contract for Sale and Purchase and directed staff to record the Permanent Utility Easement in the Public Records of St. Lucie County, Florida. 2 B. COUNTY ATTORNEY CONTINUED Resolution No. 10-242; Memorandum of Agreement with Department of Transportation for 4. Improvements within right-of-way of Sunrise Boulevard and Oleander Avenue The Board approved Resolution No. 10-242, subject to the County Engineer’s approval of language in the Department’s Request for Proposals that adequately addresses the County’s drainage concerns. C. HOUSING & COMMUNITY SERVICES Earned Income Tax Credit (EITC) The Board approved acceptance of the EITC third year grant award 90ET0414/03 for $50,000; approved Budget Resolution No. 10-240; and authorized the Chairman to sign documents as approved by the County Attorney. D. PUBLIC WORKS Engineering Division: 1. Copper Creek Public Improvements – Conditional Acceptance and Maintenance Agreement The Board approved the conditional acceptance of the public improvements and the Maintenance Agreement and authorized the Chairman to sign documents as approved by the County Attorney. Administration: 2. Lakewood Park Phase 1 The Board approved Change Order No. 4 with American Engineering and Development Corp. in the amount of $11,781 for Lakewood Park Phase 1 canal control structures, acceptance of the project and authorized the Chairman to sign contract documents as approved by the County Attorney. E. SHERIFF’S OFFICE 1. Authorization to accept the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation (2010-DJ-BX-0440). The Board approved Budget Resolution No. 10-237 and authorized the acceptance of the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation (2010-DJ-BX-0440). 2. Authorization to accept the U.S. Department of Homeland Security 2010 Port Security Program Grant (2010-PU-T0-0128). The Board approved Budget Resolution No. 10-239 and authorized the acceptance of the U.S. Department of Homeland Security 2010 Port Security Grant (2010-PU-T0-0128). F. GRANTS/DISASTER RECOVERY South Florida Water Management District – St. Lucie River Issues Team – Ranking of Five Grant Applications The Board approved prioritization of five grant applications to the South Florida Water Management District, St. Lucie River Issues Team. G. PLANNING & DEVELOPMENT SERVICES 1. Development Agreement – Ravinia Investments, LLC Consider advertising two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. Com. Grande stated he had a problem with providing an extension and would like the representative to come back with a more logical presentation and stated there is a change in the density (an increase) it was approved as a PUD and it is changing and when an extension is done, it is done for a plan as originally proposed. He stated he would like the applicant to be informed of his request and address them at the hearing. He stated had they received the pond site as a donation, he may have felt differently, however when you pay for it with taxpayers dollars For the pond site, in his mind that land is now out of the PUD and into the county’s drainage system. 3 It was moved by Com. Craft, seconded by Com. Dzadovsky to advertise two public hearings before the Board of County Commissioners as outlined, and; upon roll call, motion carried unanimously. 2. Tourist Development Council Grant Agreement for the Backus Gallery & Museum expansion project The Board approved the Tourist Development Council Grant Agreement with the Backus Gallery & Museum in an amount not to exceed $300,000 and authorized the Chairman to execute the agreement as approved by the County Attorney. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Kennels as Permitted or Conditional Use in IL Zoning District Consider staff recommendation to approve a text amendment to the LDC to include kennels as a permitted use with restrictions or a conditional use in the IL zoning district (Ordinance No. 10-026). Mr. Harold Smith, North 2 St. addressed the Board and stated he believed kennels should be permitted in nd an IL zoning, however if the Board prefers a conditional use, then he hopes they will make it as easy and as economical as possible. The applicant addressed the Board and thanked everyone who assisted her in the process. Com. Craft stated his problem with the ordinance and believes it should be a conditional use is the requirement of a sound proof structure. He believes this is an extraordinary burden to place on the applicant. He agrees this is the proper place for the facility, the only problem are the conditions. Com. Grande concurred with Com. Craft’s comments on the sound proof structure. Animals need air and would not recommend any kind of a condition that would require a sound proof building or enclosed building. He stated he believes the fees are reasonable and will be voting for option B. Com. Craft stated he is not in a position to tell professionals how to house their animals and does not wish to require a sound proof building. Com. Dzadovsky stated they should make it easier than in the past but not create difficulties going forward. He stated he was leaning towards the conditional use side. Com. Coward stated the applicant would need to hire professionals which would add to the cost. He realized they need standards; they are looking for a middle ground. He reviewed the permitted uses in the IL zoning and stated a kennel is much less intrusive and a hybrid option C is the best approach. Com. Craft stated he can support option C with modifications, this would be his preference. He cannot support C as it stands due to the fact it has too many standards that are onerous. He was leaning more towards B. Com. Grande stated they will need an engineer and a site plan with a landscape plan when it comes before the Board. Com. Coward stated if Com. Craft would support C with modifications, he too would support it. Com. Lewis stated she could not agree with restrictions as suggested in A and would support B. It was moved by Com. Lewis to proceed with option B, seconded by Com. Grande ( the gavel was passed to the Vice Chairman) and; upon roll call, the vote was as follows; Nay: Dzadovsky, Craft, Coward, Aye’s: Lewis, Grande; motion denied by a vote of 3 to 2. Com. Dadovsky stated if they went with C with both permitted and conditional use and take out the provision of a sound proof structure and fully enclosed building, it would still leave them open for permitted but also the ability to look at it and take account as to where it will go. Com. Craft proposed changing the words in ordinance C,A-2 to read, allowed as a permitted use only when surrounded by industrial uses and zoning . He stated anything above that can come before the Board for review. Com. Grande recommended an amount of footage be added away from property lines. The Planning Manager suggested ignore the extra standards and place in the 1 sentence in Ordinance C, st 500 feet which she feels is the appropriate distance. Com. Craft stated “It is a permitted use only under those conditions; anything closer requires a conditional use.” 4 It was moved by Com. Coward, seconded by Com. Craft to approve item C as stated by Com. Craft, and; upon roll call, motion carried unanimously. B-C. PUBLIC WORKS The Grove and Palm Grove Street Lighting Districts Consider staff recommendation to approve adoption of Item No. VII-B Resolution No. 10-183 and Item No. VII-C Resolution No. 10-185, as outlined in the agenda memorandum. B. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 10-183, and; upon roll call, motion carried unanimously. C. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 10-185, and; upon roll call, motion carried unanimously. VIII. ADDITION ADMINISTRATION Ratification of Memoranda of Understanding with Project Energy and Project Light Consider staff recommendation to ratify and approve the Memoranda of Understanding with Project Energy and Project Light. It was moved by Com. Coward, seconded by Com. Dzadovsky to ratify the Memoranda of Understanding with Project Energy and Project Light, 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