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HomeMy WebLinkAboutBOCC Minutes 02-21-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 21, 2006 Convened: 6:00 p.m. Tape: 1-4 Adjourned: 10:52 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, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mike Bowers, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Roger Shinn, Central Services 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. Craft, seconded by Com. Hutchinson, to approve the minutes of the meeting held February 14, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.The County Administrator read upcoming events. 3.GENERAL PUBLIC COMMENTS Mrs. Sheila Glyn, Nettles Island read letter into the record from Mark Boston, President, Nettles Island regarding lift stations. The Utilities Director stated he met with the group yesterday and advised them all the requests in the letter will be covered by the study. 4.CONSENT AGENDA (1-198) It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 20. 2.COUNTY ATTORNEY A.Resolution No. 06-077 Extending the State of Emergency for Hurricane Frances; and Resolution No. 06-78 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 06-077 and 06-78 and authorized the Chairman to sign. B.Resolution No. 06-079 Extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 06-079 and authorized the Chairman to sign. 1 C.Contract for Sale and Purchase- The Board approved the Contract for Sale and Purchase from Jacob Henry for the purchase price of $25,000 authorized the Chairman to sign the contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 3.PUBLIC WORKS A.Approval of Wavier of a Traffic Impact Study for the Round Island Plantation PUD- The Board approved the Waiver of a Traffic Impact Study for Round Island Plantation PUD. B.Amendment No. 4 to Agreement No. 10282 from South Florida Water Management District for an extension of contract time to coincide with the expiration date of the FIND Interlocal Agreement for the Taylor Creek Phase 1 dredging project- The Board approved Amendment No. 4 to Agreement No. 10282 and authorized the Chairman to sign. C.Safety Inspection of Bridges Related to Hurricane Wilma- Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., in the amount of $4,800.00.- The Board approved Work Authorization No. 2 and authorized the Chairman to sign. D.USGS contract for water quality monitoring at 5 Mile Creek- The Board approved the contract with USGS in the amount of $14,583.00 for Water Quality Monitoring in the Five Mile Creek and authorized the Chairman to sign. 4.CENTRAL SERVICES A.Change Order No. 3 – Contract No. C04-05-253 H & J Contracting/Ancient Oaks Park (Weldon B. Lewis Park)- - The Board approved Change Order No. 3 Contract No. C04-05-253 to increase the contract sum in the amount of $13,300.00 and increase contract time by 60 days with a date of substantial completion on March 28, 2006 and authorize the Chair to sign the Change Order as prepared by the County Attorney. B.Rock Road Jail Security Systems Upgrade Project by Norment Security Systems Group/Contract No. C02-07-561 to increase the contract sum $33,000 for a new contract sum of $2,066,015.02 - The Board approved Change Order No. 5 to Contract No C02-07-561 with Norment Security to increase the contract sum $33,000 for a new contract sum of $2,066,015.02 and authorized the Chair to sign the Change Order as prepared by the County Attorney and also approved final payment and release of retainage in the amount of $206,601.50 to Norment Security Group for the Security Systems upgrade to the Rock Road Jail Facility. 5.GRANTS A.Submittal of Emergency Watershed Protection Program funding request- The Board approved the submittal of an Emergency Watershed Protection Program funding request to the USDA Natural Resources Conservation Service for funding in the amount of $375,000 to conduct emergency repairs to safeguard lives and property in the Hidden River Estates area and to minimize erosion into the North Fork of St. Lucie River during heavy rainfall events. The Board allocated $435,000 from the Transportation Trust in the event the grant is not awarded . 2 B.Submittal of grant application to the Florida Inland Navigation District- and acceptance of grant if approved for funding- The Board approved the submittal of a grant application to FIND and the acceptance of the grant if approved for funding. G rant funds in an amount not to exceed $142,000 to be matched 1:1 will fund the construction of a shoreline revetment fishing pier, mooring dock and a floating canoe/kayak launch at RIVER PARK Marina. In addition, the Board approved Resolution No. 06-076 authorizing the project manager to administer the grant on behalf of the BCC of St. Lucie County. C.Submittal of grant application to FIND for the next phase of the Taylor Creek Dredging project an acceptance of the grant if it is approved.- The Board authorized the submittal of a $266,000 grant application to FIND for he next phase of the Taylor Creek Dredging project and acceptance of the grant if approved for funding. The Board also approved Resolution No. 06-075. 6.PURCHASING Approval of Hurricane Related Purchases- The Board approved the attached list of hurricane related purchases. 7.UTILITIES Work Authorization with Camp, Dresser & McKee for engineering services pertaining to South Hutchinson Island Wastewater System update of Holiday Out/Venture Out and Nettles Island engineering analysis in the amount of $34,910.00. - The Board approved the Work Authorization with Camp, Dresser & McKee. 8.COMMUNITY SERVICES A.Approval of purchase of a replacement telephone system for the Community Services Department- The Board approved the purchase of a replacement telephone system for the Community Services Department. B.Request for Board approval and authorize the Chair to sign the JPA with FDOT for $150,000 for a Park and Ride lot and approve Resolution No. 06-081- The Board authorized the Chair to sign the JPA with the FDOT and approved Resolution No. 06-081. C.Request for Board approval and authorize the Chair to sign the Grant Agreement with the Association for Retarded Citizens authoring the County to provide an $8,000 match to a 5310 Bus Purchase Grant- The Board approved and authorized the Chair to sign the Grant Agreement authorizing the County to provide an $8,000 match to a 5310 Bus Purchase Grant. 9.ADMINISTRATION Commissioner Smith requested that Derek Foxx serve as his appointee to Contractor Licensing Board- The Board ratified Com. Smith’s appointee. 10.PUBLIC SAFETY Professional Services Agreement with the Treasure Coast Regional Planning Council- Update of Comprehensive Emergency Management Plan- The Board approved the Professional Services Agreement with the RPC and authorized the Chairman to sign the Agreement. 3 11.GROWTH MANAGEMENT Development Agreement with Johnson Road Development Group, LLC (Rocking Horse Ranch)- The Board granted permission to advertise two pubic hearings for the Rocking Horse Ranch Development Agreement. PHA-1 Consider the petition of Kings Highway Industrial Park LLC for a change in zoning from AG-1 to IL zoning. The petitioner has requested to withdraw his petition. It was moved by Com. Smith, seconded by Com. Craft, to approve the withdraw of the petition, and; upon roll call, motion carried unanimously. 5.E COUNTY ATTORNEY (1-2778) Petition for Abandonment – Abandon 60 feet of a deeded portion of a right of way known th as S. 7 Street- Resolution No. 05-425. Staff requested a continuance. It was moved by Com. Craft, seconded by Com. Lewis, to continue this item until March 21, 2006 at 6:00 p.m. or as soon as it may be heard, and; upon roll call, motion carried unanimously. REGULAR AGENDA 5.A GROWTH MANAGEMENT Consider Draft Resolution No. 06-043 granting a Conditional Use Permit to allow the operation of a Child Day Care Facility in the CN zoning district. Mr. Norris, business owner in area, addressed the Board in support of the Day Care facility. Mrs. Paula Gallo, petitioner, addressed the Board and advised them of the safety features she would be having installed at the facility for both parents and the children. Ms. Ann Prestidge addressed the Board and submitted a site plan design for the facility. Com. Coward expressed his concern on the number of children permitted to attend the facility. Com. Craft stated a Child Care Center is needed in the area and felt there would not be a problem regarding the number of children attending the center since they must follow state guidelines. Com. Lewis stated she was not concerned due to the fact the petitioner would need to come back to the Board for approval of an expansion to the facility should she wish to increase the attendance number past the permitted 30. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 06- 043, and; upon roll call, motion carried unanimously. 4 B.AIRPORT (1-865) Consider the participation of the County Road and Bridge Division in the construction of the Airport West Commerce Park for an amount exceeding $250,000 and approved Resolution No. 06-080 . It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Resolution No. 06-080, and; upon roll call, motion carried unanimously. C.GROWTH MANAGEMENT (1-946) Consider Draft Ordinance 05-390 granting a Change in Zoning from the RS-4 Zoning District to the PUD Zoning District and Preliminary Planned Unit Development approval for the project to be known as Estancia PUD . Mr. Albert Moore, attorney for petitioner, addressed the Board and requested condition 1 be stricken due to the fact he felt the petitioner was contributing his fair share. He also stated the signalization issue was something he found out about yesterday and this condition had not been inserted prior to going before the Planning and Zoning Board. Mr. David Lawrence, David Lawrence Architects, addressed the Environmental issue of the project and stated the project exceed the requirements by 22%. Mr. Jim Davis, Brantly Road resident addressed the Board in favor of the project and stated in his opinion the signal was warranted and would rather see a signal at the location. Mr. Craig Jones, area resident, addressed the Board and expressed his concerns with doubling the units on the size of the property. Ms. Woods, City of Ft. Pierce advised the Board she had not visited the site and could not comment on the density issue. She also stated her concerns about how the space being preserved was to be designed and the parking issue. Com. Smith commented on the cover sheet the Board was to receive from staff indicating the project/s have been reviewed by the City of Ft. Pierce. Com. Coward suggested although he does not have full consensus at this point, he would like the County Attorney’s opinion noting that they have the ability to approve the plan noting based on the traffic impact report, that they have the ability at final scrutinize that report and come up with a fair share contribution. The County Attorney stated he believed this was how the condition reads, that prior to final approval they would conduct a warrant study and signalization is warranted the developer would contribute a fair share to those costs and a sentence can be added to the condition stating that at final PUD the Board would analyze the fair share contribution required of the developer. Four of the five Board members disclosed meeting with the applicant: Com. Craft was the only Board member who did not meet with the applicant. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Draft Resolution No. 05-390 and staff recommendation, and; upon roll call, motion carried unanimously. D.GROWTH MANAGEMENT Consider Draft Resolution No. 06-010 granting a Change in Zoning from the RS-2 to AG-1 for property located on the west side of Jenkins Road. Staff recommends a change in zoning to the AR-1. 5 Mr. Dennis Murphy, representing the petitioner addressed the Board on this issue and gave a history as to why they were requesting AG-1. Mr. Murphy presented a letter from an area resident in support of the AG-1 zoning. Mr. Wayne Bennett, Taylor Dairy Road, addressed the Board in favor of the AG-1 request. Mr. Charles Ward, Jenkins Road resident, addressed the Board in favor of the AG-1. Ms. Mary Knott, Jenkins Road resident, addressed the Board in favor of the AG-1. Mr. John Ward, area resident, addressed the Board in favor of the AG-1 zoning. It was moved by Com. Hutchinson, seconded by Com. Smith to approve the requested AG-1 zoning by the petitioner, and; upon roll call, motion carried unanimously. E.COUNTY ATTORNEY Petition for Abandonment- Abandon 60 feet of deeded portion of a right of way known as th S. 7 Street- Resolution No. 05-425 – Consider staff recommendation to continue this Public Hearing to March 21, 2006 at 6:900 p.m. or as soon thereafter as possible. It was moved by Com. Craft, seconded by Com. Lewis, to continue this hearing on March 21, 2006 at 6:00 p.m. or as soon thereafter as possible, and; upon roll call, motion carried unanimously. 6. GROWTH MANAGEMENT (1-3499) Update on the Status of The Reserve NPOC (Notice of Proposed Change) to the Reserve DRI (Development of Regional Impact) and The Reserve Island Club- Motion to find the Reserve Development of Regional Impact not in compliance with the adopted Comprehensive Plan and development order based on the staff findings and conclusions, and to direct the staff to take the actions recommended in the staff’s report. Island Club cannot be approved pursuant to Section 380.06(17) Florida Statutes, until all substantial development order compliance issues are resolved. Mr. Robert Nix, Growth Management Director addressed the Board on this issue and read the recommendation. It was noted that if the Board concurs with the Growth Management Department’ s findings that the project is not in compliance, the Board then does not have any discretion. Mr. John Sapo, Senior Vice President, Kolter Communities, stated they have not intentionally tried not to be in compliance with the development order and stated he was not aware of the issues brought up and they needed to be investigated and resolved. He stated Kolter would work with the County and with staff to resolve the issues and asked the Board not find Kolter in a non-compliance status and give them time to work out the issues with staff. The County Attorney advised everyone present regarding the residents who have expressed opposition to the requirement made by the developer on the Island Club membership, that the Board does not have discretion on this issue and it is solely between the residents and the developer. The following residents addressed the Board in favor of the Island Club facility. Mrs. Evelyn Lane, PGA Village resident, addressed the Board and alluded to statute 380.06 and Resolution No. 98-100, and expressed her support for the clubhouse. 6 Mr. Glen Lane, PGA Village resident, also expressed his support for clubhouse. Mr. Al Lamotta, PGA Village expressed his support and stated he concurred with the previous comments. Ms. Carol Lamotta, PGA Village, Champions Way resident, expressed her support for the clubhouse. Mr. David Halpert, Kings Mill resident addressed the Board in favor of the clubhouse. Mr. Russ Lipsed, area resident, addressed the Board in favor of the clubhouse. Mr. Brian, Ulsham, Champions Way, addressed the Board and stated he felt the homeowners were being penalized. Mr. Bill Leary, Thompson Road resident, addressed his concern with the residents paying for the clubhouse in the price of their homes . Ms. Diane Wild, Kings Mill II stated she purchased the home with the promise of a clubhouse. Mr. Bill Wild, Kings Mill II addressed the Board and stated he does not understand how permits can be issued for building homes and there not being sufficient land for the clubhouse. Mr. Jim Oddyson, area resident, stated the Island Club lies on the shoulders of the developers. Asked the new development Verano be stopped until they have met compliance issues addressed. Mr. Leo Starzek, Champions Way resident, stated the clubhouse construction should not be held up due to other issues. Mr. Peter Berry, Crooked Stick Lane, addressed the Board in support of the clubhouse. Mr. David Dom, Crooked Stick Lane, addressed the Board and concurred with the statement the clubhouse issue should be separated. Mr. Nick Angierio- area resident stated Kolter should be stopped until they complete promises made to residents for the existing development. Mr. Fred Boggs, Champion’s Way, addressed the Board and stated he felt they were holding the Island Club as a hostage for negotiations and asked the Board not to approve staff recommendation. Mr. Valentino, area resident, addressed the Board and stated he wants to maintain the value of his home and wants what was promised. Ms. Marilyn Nader, area resident, addressed the Board and commented on the previously promised square footage of the clubhouse which is now smaller than originally promoted. Ms. Gabriella Feronica addressed the Board in favor of the Island Club project. Com. Coward addressed the hotel being built by this developer and stated the Board was not aware this developer was not in compliance with the Reserve project when the hotel and the other projects were approved. Com. Craft stated he supported staff recommendation and felt their hands were tied according to law, Com. Smith stated he felt the Board was not responsible for the promises made by the developer and will listen to the law and to staff. He will be supporting staff recommendation. 7 Com. Lewis stated Island Club was not in the original development order. According to state statute, they cannot approve anything to move forward since there is a non- compliance issue and she felt staff recommendation was appropriate. Com. Hutchinson stated she was willing to compromise and bring this issue back to the Board in 30 days, however, she would be voting with staff recommendation if there is no support in compromising by the Board members. Mr. Sapo stated they were committed to work with the county and staff to get the issues resolved. Com. Coward stated the development order was not in compliance with the environmental aspects they promised. He is not opposed to the Island Club and stated he would like to deal with both the environmental issue and recreational issue on one development order. He stated he would vote in favor of staff recommendation with reservations because he believes they cannot come back with resolved issues in 30 days. The County Attorney gave Board the legal direction. Mr. Nix defined the term “substantial deviation”. It was moved by Com. Lewis, seconded by Com. Smith to approve staff recommendation to return before the Board in 30 days, and; upon roll call, motion carried unanimously. UNAGENDAD ITEM Com. Craft commented on the overcrowding of the jail issues presented on the news the prior evening. Mr. Mark Godwin gave a report on the incarceration rate, the population and how it was calculated . The calculation showed St. Lucie County had a high average incarceration rate. He alluded to the 5.66% incarceration rate . Mr. Godwin stated this was due to the pre-trial program not being implemented and a paperwork back log. The Board discussed directing staff to obtain a cost of another analysis to be done by Dr. Kalmanoff on individual departments such as the Public Defender’s office and the State Attorney’s office. There was a consensus by the Board to have an independent person other than Dr. Kalmanoff to do this analysis. Com. Hutchinson stated she would also like to see results of the programs being implemented in other counties and how long before the data was available on whether or not program are working and how long before results are noticed. Chief Deputy, Gary Wilson addressed the Board on the overcrowding of the jail . The Board asked Mr. Godwin if he recommended the Board opening pod 2. Mr. Godwin stated he did not recommend opening the second pod but recommended moving forward with the various programs as stated by Dr. Kalmanoff. 7.COUNTY ATTORNEY (3-3342) Stop Gap Ordinance No. 06-012- Consider staff recommendation to grant permission to advertise Ordinance No. 06-012. 8 It was moved by Com. Smith, seconded by Com. Craft, to approve advertising Ordinance No. 06-012; and, upon roll call, the vote was follows: Nay: Hutchinson, Aye’s: Lewis, Smith, Craft, Coward; motion carried by a vote of 4 to 1. 8.ADMINISTRATION Prioritizing six federal appropriation requests- Staff recommends the Board approve the prioritization of six projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative delegation. 1.$4,5000,000 in FY 2007 Construction General Account of the Energy and Water Development Appropriations bill for the Ft. Pierce beach project. 2.$6,000,000 from the Formula and Bus Grants account of the FY 2007 Transportation, Treasury and Housing Appropriations Act . 3.$2,700,000 in FY 2007 Federal Airport Improvement Program discretionary funds. 4.$500,000 from the General Investigations Corps of Engineers Account of the Energy and Water Development Appropriations Bill for FY 2007. 5.$3,100,000 from the FY 2007 Economic Development Initiative Account of the Transportation Treasury and Housing Appropriations Act/Research and Education Park. 6.$165.4 million proposed by the President for the Corps of Engineers to continue its work on the Everglades Restoration program. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, 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 Circuit Court 9