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HomeMy WebLinkAboutJoint Meeting Minutes 05-15-2009BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA JOINT MEETING WITH THE CITY OF FT. PIERCE Date: May 15, 2009 Convened: 1:00 p.m. Adjourned: 3:15 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky City of Ft. Pierce Commission: Mayor, Bob Benton, Rufus Alexander, Christine Coke, Reginald Sessions, Edward Beck, City Manager, David Recor, City Attorney, Robert Schwerer County Staff: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Millie Delgado-Feliciano, Deputy Clerk The Board of County Commissioner's Secretary called the roll. The City Clerk called the roll. Opening remarks were made by the City Manager and a history was given of the previous meetings held discussing the various issues listed. The City Manager addressed the interlocal agreement drafted by the City and stated after the joint meeting, the City Manager and the City Attorney decided to abandon the 171 Part II agreement and move forwazd with an interlocal agreement to provide to the county. Com. Coke addressed the annexation issue of the Reseazch Park where she believed this all started. They have been clear that their goal was to move forwazd with the annexation for the future of the city and their growth she had thought they had come to an understanding to make it mutually pall able by being inclusive with planning and designing as well as matching any tax abatement the county was providing and she thought they had found a way to move forward. Both the city and the county have spent a lot of time on this issue and now her concern is she believes they aze back to squaze one. She felt if the city wishes to move forward and the county says no to annexation, then she would "back off' however, sometime in the neaz future the city will have the ability to annex the area without any points to be raised by the county and the city will move forwazd to do so. Com. Alexander questioned what investment the city has made towards the Research Park. Mayor Benton stated, "zero". Com. Alexander stated he concurred with Com. Coke that eventually the area will be annexed and believed they should give the county the right path to travel at this time. Com. Coward alluded to the contributions made by the City of Port St. Lucie for previous projects. He would be receptive to having the city as a partner to help the county reach their goals. The Reseazch Pazk is part of a larger global solution the county is seeking. He would like for the city of hold off on the annexation for now and continue to work with the county on chapter 171 and the global solution. There is additional work they need to do together before going onto the annexation issue. Com.Grande stated he has spoken with property owners who aze key players and who are amenable to the 171 annexation. He believes they can work through this and 171 will help the city achieve short term financial goals. ~~ ~..r ~~ Com. Coke stated 171 sounded like a good idea, however both attorney's do not believe it will resolve the annexation issue. Com. Craft stated this was only one aspect of 171 and there are other issues they can work together on. He believes they still a lot of common ground to work on and a good opportunity for both sides to work out something global and if the city is willing, he would like to continue to work on it. He believes they need help from outside Com. Coke stated there was a timing issue with regards to the city's financial well being. They do not wish to lose employees, police officers and they need to do something to be financially sound next year. Mayor Benton stated his concern with the annexation issue and it being what they were to be discussing and then other issues were brought into the picture. He questioned how do they get through the park right now, this is the number one issue. The county has put a lot of time, effort and money while the city has been only sitting by the way side. He believes they are clouding the issue with all the other issues, i.e. the jail, the landfill etc. Com. Grande stated he believed that they can get to an interposal agreement if the pressure of Monday goes away and recommended taking this off the table where Monday is concerned and work together to come up with an agreement. He does not believe they can do much more today. Com. Coke stated they have been working on this for some time. Com. Sessions stated legally the city does not have a leg to stand on if they proceed with what they would like to do. He will back off and accept what is proposed, but is not interested in any type of an agreement. However, he will stand behind the county and assist in any way he canto make this project work. Com. Beck stated he believes they have identified the issues to be addressed in the future. It may not be the right time to move forward because all the issues have not been addressed; however they have made major steps in identifying the issues the Research Park's perspective and the city's perspective. At some time the city will have to move forward with the annexation but that will not be this Monday. Com. Lewis asked if Kelly Tractor voluntarily annexing would not help them to get to the other side which is where the city wanted to go. The City Attorney stated he could not answer this question until he looked at the area. Com. Craft stated they have had various meetings, independent phone calls and he understands Com. Session's frustration. He thought they had the consensus position at the last workshop and then he received the response from the city and it does not resemble remotely what they discussed, this was his concern. There is not option; they must find a way to work with these issues especially since they will not go away. He would like to get back where they were three weeks ago. He does not have an issue with the city annexing the park as long as it maintains what the county's vision is along with the city's. Com. Dzadovsky stated he agreed with some of the comments made, he disagrees with more. He advised the Board those he had discussions with had stopped their contact due to two government bodies not coming to an agreement. What came back to the Board was not remotely close to what had been discussed at the joint meeting. He believes what is important is that the two government entities leave a legacy for future generations. He asked how will the city pay the Executive Director in order for him to bring tenants to the park and how will they provide $4 million for the infrastructure of the park, are they willing to partner with the county? 2 Mayor Benton stated the two entities needed to sit down and see where there is a glitch and work together as well as the need to get the attorneys to give definite answers in the future. Mr. Recor stated at the end of the day his recollection was they could not get where they wanted via 171 Part II due to the consent requirements. The County Attorney stated to his recollection they had agreed on one issue that being that 171 Part II does not waive consent, but he did not recall ever saying they did not need 171 Part II agreement, he believes the 171 Part II agreement is essential going forward. He believes there was not a discussion on only needing to proceed with an interlocal or joint planning agreement for the Research Park at all. The City Manager stated felt they could simplify the process by initiating an interlocal agreement that captured the meat and potatoes of the issues on the table removing all the other issues added because of the 171 Part II agreements. They believed the draft simplified the discussions. The city does not have $4 million but they do have a dedicated staff that can offer in-kind contributions to expedite the development review and understand they articulated in writing that the county would be involved in that process. Com. Dzadovsky sated part of the idea was transferring the parks holding harmless the airport, the jail, the landfill and the Research Park. It seems they have lost the bigger picture. He felt they need to find a common ground holding harmless the 4 properties and he would not want to go forward unless they would. Com. Coke stated the previous Administrator had stated they would be selling the parks because the county could not afford to maintain them any longer unless the city wishes to take them over. It had nothing to do with the Research Park. They need to take one issue at a time. If they all intend to bargain in good faith, they need to stop throwing stones. Mayor Benton asked if in the interlocal the county could not permit and develop the park. Com. Grande stated he does not have a problem with being partners, but everyone needs to understand what being partners means. He believes they can work through this. Com. Coward stated the frustration demonstrated at the Board's last workshop was due to the fact they felt the city had not come even close to accommodate the county's concerns and the idea of not having a global solution and the consideration of throwing out the 171 Part II was an important issue to him. The draft provided showed the city would be permitted to annex outside the Urban Service Boundary and this is a deal breaker to him. This issue is much bigger than just the Research Park and the letter received from the city was indicating they were not interested in the global solution outside the Research Park and that the county would be responsible to pay for it. He asked what they were contributing to assist the county presently to move the park forward. Com. Coke recommended moving the issues of the Parks, the Chamber of Commerce building outside this discussion. Com. Beck and Com. Sessions stated they would like to have the issue removed from Monday night's agenda. Com. Sessions stated at this point they need to agree to disagree and move forward with what is in the best interest of both parties. Com. Coward stated if they are going to make this partnership work, they would need to have the same level of cooperation the county had with the City of Port St. Lucie. Com. Dzadovsky advised the Board the group he had contact with backed away from all discussions until this is resolved. Update of Property Exchange (The Chamber building property and the Jetty Park) The City Attorney addressed the issues discussed between both attorneys and believes the agreement is in final form and order. The county wanted to continue to use St. Lucie Court and the city agreed to the continued use provided the area is available at the time. He advised the city commission of his discussion with the adjoining property owner and advised them that the developer would need to put this in their site plan that the area would be open to the public and if the developer improves this area then it would not be available for staging of heavy equipment. The County Attorney stated he does accept the explanation and recommended the Board listen to the Erosion Manager regarding this issue and his concerns. They use the Jetty Park to stage the beach erosion activity and if they do not have that available anymore if they give the park to the city. They needed an alternate location which they thought would be St. Lucie Court, the city is willing to do that if it is available but they are not sure for how long. They need a location to stage otherwise they will have some issues. The Erosion Manager stated he had attempted to speak to the Corps and it has been difficult to get responses back. In looking at the bid documents, all had identified the Jetty Park as the area for staging or as access for the contractors to the beach. However, they are trying to keep the contractor's out of the area as much as possible. The Erosion District is working closely with the city regarding the use of St. Lucie Court which had been identified as a potential area. Mayor Benton stated they needed to work with the district he is concerned the park will not exist due to erosion if nothing is done. The City Manager stated it is part of the agreement now, the issue is covered and it retains access for the county. The issue was staging at St. Lucie Court we cannot absolutely guarantee it will be there forever if a developer comes along and wishes to develop the area. The Erosion Manager stated he was not aware it was a lease. He is in discussions with the Corps at this time and is looking for other avenues. The City Attorney stated it was a question of the city and county working together and where the staging will be this would be in the best interest of both entities. Com. Becht stated they needed to have a discussion the access point across from the two parcels. Com. Lewis stated they needed to come up with something other than depending on the Corps. She stated she would like a more firm agreement. The City Attorney questioned what is being exchanged, the chamber building and the parking lot at the building for the jetty parcel, however the county was under the assumption it was the whole northeast corner of 23`d street also. Com. Coke stated once again attorneys are involved and here they are in trouble. She stated she had said they should give the county the building and the little bit of parking that goes with the building. Later on one of the County Commissioners stated rather than renewing the lease, let's give it to the city. Then it was determined it should be a land swap and it mushroomed. She had stated they could possibly give up the parking lot in exchange for Causeway Park. It was mentioned but it was not inclusive of what she had recommended in the beginning. Com. Grande stated he had heard the same. He does not understand why it would be a land swap. Commissioner Coke stated somewhere the description changed. 4 ~~ ~~~ ~~ The City Manager stated it would be a land swap agreement because they need something in writing that everyone wants. He would like direction as to what is the legal description and what parcels. The City Mayor stated he was willing to include the corner lot. Com. Coward stated he was interested in having the additional lot due to the fact it is being used as a parking azea presently and other areas where they have cit~ pazks why not give the whole contiguous piece. He is interested in the building and 23` street corner lot area in exchange for other areas. Com. Coke requested they get the legal description of what it is they want from 3 County Commissioners. They do not want the entrance, they do not want anything west (she indicated azeas on a map submitted), they do not want Chucks, they want part of the causeway pazk they have worked on improvements. Com. Lewis stated she did not expect this area to be discussed today. Com. Coke stated she did not expect to discuss the corner lot today either. Com. Craft stated he did not have a problem with it personally. Com. Coke stated they did not have to make a decision today but she recalls her discussion being the chamber building. The City Mayor recommended placing it on the agenda for a formal vote, exchange property on 23rd street for the causeway. Com. Craft stated everyone is present and he felt they needed to work this out and was willing to stay as long as needed. Com. Lewis stated she felt it may be needed to be taken back to the Board for discussion. Com. Coke asked to remove the corner lot and discuss the building in exchange for the jetty park and they can discuss the corner lot at a later date. Com. Lewis stated she did not recall the Jetty/ Chamber swap as it is being discussed today and recommended it going back to a BOCC meeting. Com. Grande stated on the subject of Causeway Park, the city has done more in six months than the county has in six years and he would like for it to be where it belongs whatever it takes. The County Administrator stated she believed they are in agreement with giving the causeway pazk property to the city. In reviewing the minutes it only related to the Board discussion and in listening to the recording it has the Mayor talking about the corner lot. The recording secretary did not pick up any part of that discussion in the minutes and this is where the part of the conflict may be. In the minutes it stated it only included the Chamber building. Com. Coward stated he sees an acre and one half of coastal front property at Jetty Pazk that he felt was comparable in value for the building and the parking lot. The staging azea can be worked out. It is the causeway issue that was not on the agenda that he did not get in to. If they could back to the two basic pieces, the one and half acres of county owned park being transferred to the city( jetty park), closes out their piece and the acre or so and the chamber building this closes out our part and this is a good starting point. The City Mayor concurred. Com. Craft concurred. Com. Lewis concurred in throwing it out for discussion. ~~~ .ter ~~ Com. Becht stated he did not understand what they had agreed upon and felt they were not speaking for everyone. Com. Coward stated he was throwing out for discussion was the transfer of 1.45 acres jetty park to the city and retain some language in the agreement that would address the issue raised by the Erosion Manager regarding the continued access for staging and beach re-nourishment issues and in exchange clearly high value coastal property for the chamber building and land underneath it. The City Manager asked if this included the parking lot area on 23`d street. Com. Coward stated he was not sure of the acreage of that property and he believed the county was trying to close out that corner. The County Administrator stated she understood that with the land underneath it was to include the corner piece also. Com. Coward concurred and stated he would like to close this out so that they could continue to work on the skate park. Staff advised the Board they understood the exchange was to be the jetty park for the chamber building parcel as well as the corner lot. They did not intend to take Rotary Park or the parking area associated with Rotary Park. Com. Coke stated she was not saying she did not agree with it, however, she was the one that brought up the exchange for the chamber building and it was not her intent to include that lot and it was the Mayor who brought this up that lot and then they started talking about exchanges. It was never her intention and she does not know if anyone else on the Board thought it was inclusive. It's not to say that it cannot be inclusive. Mayor Benton stated the Parks and Recreation Director had been in discussion regarding the Chamber building for at least a year during the creation of the skate park and ever since he has been here, the county has always wanted to acquire the corner property for parking. Com. Dzadovsky stated the city has to realize the skate park also has a phase 2 and is designed. They looked in the future to expand the skate park if they are able to find the funds and this would benefit Lawnwood Stadium. The chamber building was to be used to help facilitate the skate park. The Parks and Recreation Director advised the Board the second phase has a conceptual design. They do not have actual construction drawing or design. They had planned it being a little to the north and to the west and there had been discussion on having an area for younger kids. Com. Becht stated based on the calculation he thought they had agreed on the chamber of commerce building and the surrounding land, about one acre and a tenth. He understands the County Commission did not understand that and the corner lot he thought was to be discussed separately. In terms of valuation he concurs with Com. Coward and believes in terms of swap he believes the corner lot and the chambers and swap of the county portion of the jetty park would be equal in value. This is not what they had agreed to but, for purposes of moving forward today he will back off. He does not wish to stop moving forward with the jetty park and if they can agree to move forward today, he would agree with what the County Commission thought. Com. Coke stated she did not wish to stop the progress of the jetty park and her concern is that if they include this property, she would like to have in the agreement verbiage concerning there always being parking at the Rotary Park. Com. Grande stated the Rotary Park would not be part of it and it would stay with the city. 6 Com. Becht stated he would like to have discussions on that in the future for the rest of the area because it makes more sense to consolidate ownership where the county is as well as the city downtown. Mayor Benton stated they had two in support for the City Commissioners and asked Com. Alexander if he agreed and he stated he agreed to agree. The City Attorney stated he understood they would be provided a map and they will have their engineering department provide a mapped out legal description as close as possible to the lines on the map and this will become the legal description of the parcels for the swap of the jetty park and also place in the agreement that the city and the county agree on future sites for the staging area for any work an beach re-nourishment projects. Com. Sessions requested discussion on the YMCA building and advised the Boards the Avenue D Boys Choir is looking for a staging place as well as provide recreation for the county's youth. He stated he advised the organization what the discussions were regarding the YMCA and at this point he could not give them an answer. The City Manager advised the Boards in their packet they had received a summary from the Asst. County Administrator and a letter stating his intention and also the County Attorney addressing the information that the programs have ceased and they were exercising the reverter. In speaking to Mr. Glass he indicated this was not the case and there were programs scheduled. He was interested in a facilities lease agreement with the city if indeed the city wanted to use the facility. He believed they should ask the county to insist the programming has ceased and exercise the reverter. Com. Coke stated she would like to start attending the programs at the Y and asked the City Manager to find out if they in fact have the programming. Com. Coward stated he spoke with Mr. Glass and they are insisting that they do have programming. They are making it clear they have the programs and are planning on expanding it. He is interested in working with Cum. Sessions in finding a way to integrate a cooperative use of it. He is not under the impression that no programs are being scheduled. He would like to build a relationship with the city, the county and the Y. Mayor Benton stated the Commission did not have a pleasant experience with Mr. Glass and the City Commission is adamant about the facility being opened during the summer and the ball field associated with it is a code enforcement issue nightmare and he has not seen anything happening at the facility. The city would like to do something with the facility as they have done with the community center the county gave the city if the county would allow them to. This is on the agenda for Monday night. Com. Coke alluded to a conversation with members of the Board of Director's before they merged with Martin County. The reason they found out about it was the gentleman attempted to sell the building and he had people coming in saying they were interested in buying the building. She asked when the last time the doors were opened was and the gentleman stated five months ago. There are many organizations that could use this facility. Com. Coward stated he was a volunteer coach and he knows what that facility can provide, but in fairness to them he could like to bring them to the table. Com. Dzadovksy stated he had contacted the organization gave them contacts with non- profits who were interested in having programs and also asked them to reach out to the area churches and he too had the same experience as the City Manager, they wanted the county to completely fund them without them doing any of the work. He advised them they needed to work with the City of Ft. Pierce and the area organizations and Church's to raise funds he would not move to move them out. To date he has not seen one car at the facility and he believes they are not having any programs. 7 Com. Becht stated he had volunteered to be on a committee that would provide a vision of what to do with this facility and he has not heard anything. He is concerned there has been a lot of talk and he has received a lot of time and nothing has been done. They could have had qualified people on this committee months ago and this was the first step. Com. Sessions stated he brought this up because this organization (the Avenue D Boys Choir) has shown interest and sometimes a bird in the hand is worth more than two in the bush. This organization is willing to make an investment however; they want to make sure they are secure with the building. Com Lewis stated she believed they would know three to four weeks out what their intent was. Com. Session stated they talked about the use of the community center, however, they indicated this building was too small for them. They needed a building this size for their needs and did not wish to share the facility with the PAL program. Com. Coward stated he believed they needed to set bench marks and say they need to have this level of programs in place and if not there is no discussion needed and the county moves forward with what needs to be done. Mayor Benton stated there are many non-profits and other organizations that can use the facility especially those who depend on the city for funding which is drying up quickly. The County Attorney stated the county does not own the property, they conveyed it with a reverter clause in the event the Y abandons operations and this is how they would get it back. The City expressed interest in utilizing the facility and a letter was written to Mr. Lass indicating they were taking the building back due to lack of programs and Mr. Lass stated this was not the case and that he was going to speak to the County Commission one on one. The County Attorney does not have a problem with following up if the property is under -utilized if it is being used at all, he has no problem with that. Com. Grande stated he would like to know who would be setting the bench marks within the next ten minutes and he believes this is the right way to approach it since they are coming up on the most important season, the summer. If they can task someone to layout the bench marks and or makes the list and holds them to it. Com. Grande stated if they do what they say they will do it would be great and if not, they can invoke the reverter clause. Mayor Benton stated it was on the agenda due to the fact they made it very clear in a past meeting that the city wanted the facility up and running and used as much as possible. He believes the Commission felt whatever it takes to have the kids use the facility full time. It was placed on the agenda for discussion because they are so close and see no action. There being no further discussion, the meeting was adjourned.