HomeMy WebLinkAboutBOCC Minutes 02-07-2006
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: February 7, 2006 Convened: 6:00 p.m.
Tape: 1-2 Adjourned: 8:20 p.m.
Commissioners Present: Chairman, Doug Coward, Chris Craft, Frannie Hutchinson,
Paula A. Lewis, Joseph Smith
______________________________________________________________________
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mike
Bowers, Utilities Director, Ed Parker, Purchasing Director, Robert Nix, Growth
Management Director, Vanessa Bassey, Environmental Resources Director, Millie
Delgado-Feliciano, Deputy Clerk
1.MINUTES (1-024)
It was moved by Com. Smith, seconded by Com. Craft, to approve the minutes of the
meeting held January 24, 2006, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
A.Resolution No. 06-039- Proclaiming February 11, 2006 as “DIAL 2-1-
1 DAY” in St. Lucie County.
It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Resolution No.
06-039, and; upon roll call, motion carried unanimously.
B.Resolution No. 06-062- Proclaiming the week of February 12, 2006,
through February 18, 2006, as “STEP UP FLORIDA WEEK” in St.
Lucie County .
It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 06-
062, and; upon roll call, motion carried unanimously.
C.The County Administrator read upcoming events.
3.GENERAL PUBLIC COMMENTS (1-400)
Mr. Dennis Quarik, Dean, Mead Law Firm and representing Shelby Homes, addressed
the Board and alluded to the PUD zoning applied for prior to the Stop Gap Ordinance
being implemented. He requested the Board to authorize the County Attorney to prepare
and advertise an Ordinance that can be discussed in full.
It was the consensus of the Board to schedule this item for next week.
Mr. John Arena, Ft. Pierce addressed the Board regarding the Port.
Mrs. Arlene Goodman, area resident questioned an item on the Consent Agenda.
4.CONSENT AGENDA
It was moved by Com. Lewis, seconded by Com. Smith, to approve the Consent Agenda,
and; upon roll call, motion carried unanimously.
1.WARRANT LIST
The Board approved Warrant List Nos. 17 and 18.
2.COUNTY ATTORNEY
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A.Resolution No. 06-066 Extending the State of Emergency for
hurricane Frances; and Resolution No. 06-067 Extending the State of
Emergency for Hurricane Jeanne- The Board approved Resolution
No. 06-066 and 06-067 and authorized the Chairman to sign the
Resolutions.
B.Resolution No. 06-068 Extending the State of Emergency for
Hurricane Wilma- The Board approved Resolution No. 06-068.
C.Revocable License Agreement DOT- Florida’s Turnpike Enterprise
West Angle Road- The Board approved the Revocable License
Agreement, authorized the Chairman to sign the Revocable License
Agreement and directed Florida’s Turnpike Enterprise to record the
document in the Public Records of St. Lucie County, Florida.
D.General Financial Advisory Agreement with Public Financial
Management- The Board approved the agreement with Public
Financial Agreement, Inc., and authorized the Chairman to sign the
Agreement.
E.Donation – South Florida Water Management District- Surplus Parcel
in Paradise Park Subdivision Tract # 75-100-002 – Tax I.D. 143-801-
0084-000/4 – Resolution No. 06-064, The Board approved accepting
the Quitclaim Deed, authorized the Chairman to sign Resolution No.
06-064 and directed staff to record the document in the Public Records
of St. Lucie County, Florida.
F.Ordinance No. 06-009 Amending Section 1-20-17 of Division 1 of
Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie
County, Florida by prohibiting parking on Barrel Avenue (both sides)
490 feet east from Oleander Avenue to the dead end in St. Lucie
County, Florida- The Board granted permission to advertise
Ordinance No. 06-009 as drafted.
3.PUBLIC WORKS
A.Weatherbee Road and U.S. 1 Boundary Survey- Second Amendment to
Work Authorization No. 1 (C00-10-106) with Inwood Consulting
Engineers, Inc., for a time extension through June 30, 2006 - The Board
approved the second amendment to Work Authorization No. 1 with
Inwood Consulting Engineers and authorized the Chairman to sign.
B.Picos Road Paving and Drainage Improvements (Rock Road to SR713
Kings Highway First Amendment to Work Authorization No. 5 (C97-10-
035) with Inwood Consulting Engineers for a time extension through June
30, 2006- The Board approved the First Amendment to Work
Authorization No. 5 with Indwood Consulting Engineers and authorized
the chairman to sign.
C. Work Authorization No. 1 with Culpepper and Terpening Inc., for
Professional Surveying Services for Indian River Estates Unit Seven
Boundary Survey in the amount of $4,785.00- The Board approved Work
Authorization No. 1 with Culpepper & Terpening in the amount of $4,785
and authorized the Chairman to sign.
D. Approve Change Order No. 1 accept the project and make Final Payment
in the amount of $37,617.20 to Dickerson Florida for Emergency Repairs
to 10303 Indian River Drive- The Board approved Change Order No. 1
accepted the project and made final payment in the amount of $37,617.20
to Dickerson Florid , Inc., and authorized the Chairman to sign.
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E. Approve Change Order No. 1 in the amount of $79, 770.00 for the Prima
Vista Blvd., Baffle Box project. The Board approved Change Order No. 1
in the amount of $79,770.00 to repair the roadway damage caused by
leaking pipe joints.
4.INVESTMENT FOR THE FUTURE
A.Second Amendment to Work Authorization No. 4 (C00-06-086) with BCI
Engineers & Scientists Inc., for Harmony Heights Stormwater Improvements
Project- This amendment is for a time extension through April 30, 2006.-
The Board approved Second Amendment to Work Authorization No. 4 and
authorized the Chairman to sign.
B.Staff requested the Board approve Change Order No. 2 for a time extension to
the Platt’s Creek Stormwater Management Facilities project and approved a
reduction in the overall retainage of the project with WPC Industrial
Contractors, Ltd. From five percent to one percent for the remainder of the
contract. – The Board approved and authorized the Chair to sign Change
Order No. 2 for a time extension to the Platt’s Creek Stormwater Management
Facilities project extending the project to February 28, 2006 and granted a
reduction in the overall retainage of the project with WPC Industrial
Contractors, Ltd., from $132,807.50 to $26,561.50.
C.Approve Change Order No. 4 to Contract No C04-08-450, R.K Contractors,
Inc., Pepper Park grinder pump station conversation- The Board approved
Change Order No. 4 to the contract with R.K. Contractors to increase contract
time Twenty-nine days with a completion date of March 1, 2006 and
authorized the Chairman to sign the change order as prepared by the County
Attorney.
5.PURCHASING
A.Award of Bid # 06-017- Purchase of sign post, sign hardware and sign blanks-
The Board approved awarding Bid No. 06-017 to the low bidder, Universal
Signs, for an annual amount not to exceed $250,000 and authorized the
Chairman to sign the contract as prepared by the County Attorney.
B.Permission to advertise an invitation to bid for the construction of two
additional floors to the existing downtown parking garage for the Central
Service Department- The Board granted permission to advertise an Invitation
for Bid for the construction of two additional floors to the downtown parking
garage and approved Budget Resolution No. 06-061.
C.Permission to advertise an Invitation to Bid for the Purchase of Asphalt for
patching and repairing public roads- The Board granted permission to
advertise an Invitation to Bid for the Purchase of Asphalt for patching and
repairing public roads.
D.Approval of First Amendment to Work Authorization No. 34 to Contract C00-
03-234, Agreement for Continuing Engineering Services with LBH, Inc., to
provide surveying services for the Harmony Heights MSBU- The Board
approved the First Amendment to Work Authorization No. 34 for Contract
C00-03-234 which adds 120 days to the schedule with no change in amount,
with LBFH, Inc., and authorized the Chairman to sign the amendment as
prepared by the County Attorney.
E.Approval of First Extension to Contract C04-03-134 with Waste Pro of
Florida, Inc., for Garbage Collection and Recycling at County Facilities- The
Board approved the First Extension and authorized the Chairman to sign the
extension as prepared by the County Attorney.
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F.Approval of First Extension to Contract C05-03-130 with Stewart Mining
Industries, Inc. for the purchase of shell rock material and FDOT base coquina
rock.- The Board approved the extension to contract C05-03-130 with
Stewart Mining at the price of $4.50 per ton for Shell Rock Material and
$10.50 per ton for FDOT Coquina Rock, the total amount not to exceed
$500,000 per year. The Board also approved the Chairman signing the
extension as prepared by the County Attorney.
G.Approval of Hurricane Related Purchases- The Board approved the list of
hurricane related purchases.
H.Bid Waiver and Piggyback Martin County RFP # 211-04 Auction Services-
The Board approved the waiver of the bid process, awarded the contract to
Karlin Daniel & Associates to provide auction services and authorized the
Chairman to sign the contract as prepared by the County Attorney.
6.ADMINISTRATION
Citizens Budget Development Committee- The Board ratified Commissioner
Smith’s appointment of Mr. Johnson to the Citizens Budget Development
Committee.
7.UTILITIES
A.Work Authorization with Camp Dresser & McKee, Inc., for engineering
services pertaining to the annual engineer’s report for the South Hutchinson
Island Wastewater System in the amount of $34,440.00- The Board approved
Work Authorization with Camp Dresser & McKee in the amount of
$34,440.00.
B.Change Order No. 1 with Danella Companies, Inc. for construction services
related to lowering of the water main on SR-70 for an increase in the amount
of $2,119.68 and for an extension of 339 days to the contract- The Board
approved Change Order No. 1 for an increased amount of $2,119.68 and for
an extension of 339 days to the contract.
C.Change Order No. 2 with Danella Companies, Inc., for construction services
related to the lowering of the water main on SR-70 for an increase in the
amount of $8,172.34.- The Board approved Change Order No, 2 for an
increase in the amount of $8,172.34.
D.Release of Retainage and Final Payment Application with Danella
Companies, Inc. for construction services completed for lowering of the water
main on SR-70 in the amount of $35,484.65- The Board approved the release
of retainage and final payment application with Danella Companies in the
amount of $35,484.65.
E.Change Order # 5 with Ditchdiggers, Inc., for construction services related to
the US1/Turnpike Feeder Road project to decrease the contract in the amount
of $155,740.00 and extend the contract time by 200 days- The Board
approved Change Order #5 with Ditchdiggers, Inc.
F.Change Order No. 1 with Interstate Engineering Corp. for construction
services related South Hutchinson Island Water Reclamation Biofilter Odor
Control System project to extend the contract time by 60 days.- The Board
approved Change Order No. 1 with Interstate Engineering Corp.
G.Grant of Utility Easement by and between Tropicana Products, Inc and St.
Lucie County- The Board approved the Grant of Utility Easement by and
between Tropicana Products, Inc., and St. Lucie County.
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8.GROWTH MANAGEMENT
A.Approval of an additional grant for the Treasure Coast Sports Commission for
the 2005-06 year in the amount of $30,000 to cover incentive bids for sporting
events in the County- The Board approved providing the TCSC with a
$30,000 grant for incentive bids to attract sporting events to the County. The
Board also approved the funds to be dispersed in the following manner: issue
a $15,000. check with a listing of how $10,000 of the funds were or will be
used; issues check sin $5,000 amounts with a listing of where the previous
$5,000 was used; separate approval from TDC and BOCC should be obtained
for incentive bids over $5,000.
B.Approval of an interim advertising agreement with Simple Succe4ss to cover
the planned Tourism advertisement for October 2005-May, 2006. The
advertising dollars covered in this interim agreement is for $50,000 which was
planned and budgeted- The Board approved an agreement with Simple
Success to place the Tourism advertisement in the amount of $50,000 while
the new advertising agency agreement is completed.
C.Ratification of Tourist Development Council’s decision to approve a $2,000.
Special Event Grant request from Wings N Wheels event organized by the
Victory Children’s Home on March 25 and 26, 2006 at the SLC International
Airport. Funding will come from the County’s Tourist Development
Council’s Grant Program.- The Board approved the Special Event Grant
Agreement and application in the amount of $2,000. as drafted by the County
Attorney and authorized the Chairman to sign the agreement upon receipt of
the signed originals.
D.Consider Draft Resolution No. 06-011 granting the request of Carl R.
Gockman for a Major Site Plan to allow the construction of a 30,022 square
foot lumber warehouse to be known as Jones Center in Kings Highway
Industrial Park- The Board approved Draft Resolution No. 06-011.
9.GRANTS
Conceptual approval of the submittal of a preliminary grant application to the
U.S. Department of Justice, Bureau of Justice Assistance for an amount not to
exceed $150,000 during a month period to assist in the initiation of a Mental
Health Court in St. Lucie County-The Board approved awarding an amount not
exceed $150,000 with a match not larger than $150,000.
10.LIBRARY
Metro Ethernet connections contract- The Board approved the Metro Ethernet
connections contract with Bell South and authorized the County Administrator to
sign the contract for submission no later than February 14, 2006.
REGULAR AGENDA
5.A COUNTY ATTORNEY (1-956)
Ordinance No. 06-006- Amending Section 1-20-17 of Division of Article II of
Chapter 1-20 of Ordinances of St. Lucie County, Florida, by prohibiting parking
on Metzger Road (both sides) the entire length of right of way, 200’ on the north
th
side and 245’ on the south side from Angle Road to N. 39 Street both sides the
entire length of the right of way.
It was moved by Com. Smith, seconded by Com. Lewis, to approve Ordinance
No. 06-006, and; upon roll call, motion carried unanimously.
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5.B GROWTH MANAGEMENT
Consider the Petition of Harold Martek, for a Change in Zoning from the RE-2 to
RS 2 zoning district for property located on the northwest corner of the
intersection of Spring Hill Drive and Sheridan Land . Draft Resolution No.
06-002 .
Mr. Dennis Murphy, Culpepper & Terpening addressed the Board on behalf of the
petitioner.
It was moved by Com. Craft, seconded by Com. Lewis, to approve Draft
Resolution No. 06-002, and; upon roll call, motion carried unanimously.
5.C GROWTH MANAGEMENT
Consider Draft Resolution 06-009 granting a Change in PUD ( Whispering Oaks)
zoning district for 67.18 acres of property located on the East Side of South
Jenkins Road- Consider staff recommendation to approve Resolution No. 06-009
subject to15 limiting conditions.
The Board was advised that this item was improperly advertised and did not
include a legal description. Staff requested this item be pulled and will be
re-advertised.
It was the consensus of the Board to pull this item.
5.D GROWTH MANAGEMENT
Consider Draft Resolution No. 06-008 granting a Conditional Use Permit and
Major Site Plan Approval to allow for the operation of a 90,384 square foot
household good warehousing and storage mini warehouse facility in the CG
zoning district – Consider staff recommendation to approve Draft Resolution No.
06-008 subject to 5 limiting conditions.
The Board requested 9 additional trees be added to the buffer area and language
be added stating additional trees may be added.
The County Attorney stated he would add the language as per the Board’s request.
It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Draft
Resolution No. 06-008 to included the added language, and; upon roll call,
motion carried unanimously.
5.E GROWTH MANAGEMENT (1-1461)
Consider Draft Resolution 06-041 granting a 12 month extension of the approved
Final Planned Unit Development known as Waterstone-PUD/F/K/A Emerson
Estates-PUD- Consider staff recommendation to approve Draft Resolution
06-041, which would grant a 12 month extension to the approved project.
Com. Coward questioned the legality of not granting this request.
The County Attorney stated the Board should focus on whether or not the
petitioner had good cause for the request.
Mr. Timothy Jelus, developer for the project addressed the Board and advised
them why they were requesting an extension. He stated due to the hurricanes the
past 2 years, they had to re-design the utilities and do some repairs to the outfalls
and berm area.
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Ms. Nadine Stewart, area resident, addressed the Board regarding the following
outstanding issues with the project.
a)damage to large trees on their property
b)horse fence not repaired
c)outfall problem
d)sections of the fence blown onto her property not removed
Mr. Frank Stewart, area resident, advised the Board he was still waiting for the
promises to be fulfilled . The developer has not replaced the pine trees that were
damaged and requested the Board ask the developer to put in writing the fence
would be replaced should it lose its appearance after one year.
Mr. Jay Maycumber, area resident, addressed the Board and submitted the
impact/s of the project to the surrounding area and presented stipulations for the
Board to approve should the extension be granted.
Ms. Susie Caron, area resident, addressed the Board and asked they incorporate
the list of stipulations presented into the extension.
The Board reviewed the list of negative impacts and the stipulations as presented.
The Board made reference to the property line issue and asked the County’s
Surveyor for his report on his visit to the property.
Mr. Ron Harris, SLC Surveyor advised the Board that he did verify the property
line as presented on the plan and it was correct.
Mr. Jelus stated he would check on the trees damaged and if they were in fact on
the Stewarts property he would have new trees planted within 30 days.
Com. Coward reiterated his previous opposition to this project and stated he
would not place his name anywhere on this project. He suggested a fine provision
be added per violation.
Com. Craft requested the dead trees be replaced within 30 days as well as any
other unresolved matters.
Com. Lewis concurred with the 30 day timetable.
The Board requested an additional stipulation be added as number 9 on the list
that being to add the outfall fabrication completed within 60 days and also stated
for the record, items 6-8 will be adhered to as noted in the previously approved
site plan.
Com. Smith commented on working on the holidays and the stipulation noted that
no construction was to be done on holidays.
Mr. Jelus stated his crews would adhere to the stipulation of not working on
Holidays and also repair the pasture fencing and remove the fence debris.
Com. Craft stated he felt a fine of more than $1,500 dollars should be the amount
stipulated per violation.
Com. Coward stated there was a consensus of 3 members of the Board to place
a no work to be done on Federal holidays notation on the agreement and fines of
$1000 to $1500 per day per violation.
Mr. Jelus stated he would check on the dead trees issue tomorrow.
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Com. Craft stated he wanted the issues resolved within 30 days and if they are
not, the Board can move to shut the job down indefinitely.
Com. Craft requested a bond for the signalization at Emerson and Indrio.
Mr. Jelus stated he did not have a problem and stated once the appropriate share is
calculated he would not have a problem posting the money.
Com. Craft asked if he would be willing to upfront the cost of the signalization
and be reimbursed by other developers in the area.
Mr. Jelus stated he would think about it, and then said “maybe”.
Com. Lewis requested the outfall issue.
Mr. Scott Herring, Road and Bridge Manager stated if the Board was going to
address the signal bonding issue, he would recommend at this time whatever the
amount is whether full or partial, that bond be submitted in conjunction with the
second plat.
Com. Coward reviewed the stipulations.
Item 1 consensus was reached, add language to state “no Federal Holidays” and
include a fine of $1500 per day.
Fencing replacements and trees, the applicant stated he would do in 30 days,
along with item 5 as well the gaps in the berm at the fence.
Also the landscape plan and the site plan, in terms of single or two story, he
believes the Board had decided to adhere to the previous plan approved in both
instances.
Finally the outfall addition, and it being a punch list.
Mr. Jelus stated he would check in the morning and if he does not perceive the
outfall area being delayed due to fabriform, or concrete and if they can do it
quickly to the Stewarts satisfaction they will within 30 days.
Com. Craft if 60 days would be better.
Mr. Jelus stated that it would give him more latitude to complete the project.
It was moved by Com. Craft, seconded by Com. Lewis, to approve the extension
with the following conditions:
work hours be strictly enforced/ applicant adheres to all national holidays
if any violations, applicant will be subject to a $1500 fine per violation, per
day; they agree to replace all trees damaged by same diameter or multiple
trees to make up trees lost on Stewarts property, that the applicant agrees to
repair the Stewarts pasture fence, and the area between the fence and the berm
are covered within 30 days and the fabriform will be placed on the outfall
within 60 days;
Com. Smith requested applicant to send report to Board at end of first 15 days
to advise Board of where they are with stipulations.
And upon roll call, the vote was as follows: Nay: Coward, Aye’s: Smith,
Hutchinson, Lewis, Craft, motion carried by a vote of 4 to 1.
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5.F COUNTY ATTORNEY (2-1068)
Resolution No. 06-038 Extending the Time Period for the postponement of
Processing Applications for Comprehensive Plan Amendment or Development
Orders- Consider staff recommendation to approve Resolution No. 06-038.
Com. Coward questioned the schedule as to when the final hearing relating to the
Comp Plan and the Land Development regulations relating to the TVC would
come before the Board.
The Assistant County Administrator stated she was anticipating some where
towards mid March. She stated they are taking direction from todays’ meeting
and taking another look at it to make certain the schedule lines up with the
direction of having LDR’s and TDR’s at the first public hearing and have it all
come back as the second public hearing, however they still need to finalize with
the Regional Planning Council recommendations. She stated we are close but
extremely tight to the April deadline.
It was moved by Com. Craft, seconded by Com. Smith to approve Resolution No.
06-038, and; upon roll call, the vote was as follows: Nay: Hutchinson, Aye’s:
Lewis, Smith, Craft, Coward, motion carried by a vote of 4 to 1.
6. COUNTY ATTORNEY (2-1372)
Subdivison Improvement Agreement- Waterstone Estates Subdivision- Consider staff
recommendation to approve the Subdivision Improvement Agreement and authorize the
Chairman to sign the Agreement.
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff
recommendation, and; upon roll call, the vote was as follows: Nay: Coward, Aye’s:
Smith, Craft, Lewis, Hutchinson, motion carried by a vote of 4 to 1.
7. GROWTH MANAGEMENT (2-1471)
Request of Forte Macauley Development Consultants, Inc., for final plat approval for the
project known as Waterstone PUD- The first phase of this project consists of 189 units-
Consider staff recommendation to approve the final plat of Waterstone-PUD and
authorize its final execution.
It was moved by Com. Craft, seconded by Com. Lewis to approve the final plat of
Waterstone PUD, and; upon roll call, the vote was as follows: Nay: Coward, Aye’s:
Hutchinson, Smith, Lewis, Craft; motion carried by a vote of 4 to 1.
Com. Coward asked the Board revisit the hours permitted for construction in the
community in the future.
Com. Craft stated he may not support language that precludes a homeowner from making
improvements or working on their home on Sunday or holidays.
Com. Hutchinson stated she felt when a county is hit by so many hurricanes as we have
and Sunday may be the only day a contractor may be able to so the work, she would be
hesitant to go down that road unless she has clear specifications as to where.
Com. Coward stated he was not trying to prevent anyone from working on their homes,
he would like to revisit the issue to provide some minimum safeguards.
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Com. Hutchinson stated she would like to receive input from the Builder’s association.
Com. Coward stated he would like to place some parameter’s in place in the future and
hopes this will come back in the future.
There being no further business to be brought before the Board, the meeting was
adjourned.
___________________________
Chairman
__________________________
Clerk of Circuit Court
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