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HomeMy WebLinkAboutBOCC Minutes 06-06-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, F LORIDA REGULAR MEETING __________________________________________________________________ Date: June 6, 2006 Convened: 6:00 p.m. Adjourned: 8:45 p.m. _________________________________________________________________ Commissioners Present: Chairman, Doug Coward, Chris Craft, Frannie Hutchinson, Paula Lewis, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Heather Young, Asst. County Attorney, Don West, Public Works Director, Ed Parker, Purchasing Director, Vanessa Bassey, Director Environmental Resources, Larry Daum, Tourism and Economic Development Manager, Robert Nix, Growth Management Director, Millie Delgado- Feliciano, Deputy Clerk 1.MINUTES (01:43) It was moved by Com. Smith, seconded by Com. Hutchinson, to approve the minutes of the meetings held on May 16, 2006, May 22, 2006 and May 23, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.The Youth Leadership of St. Lucie County presented a budget recommendation B.A presentation was made by Christine Epps, Executive Director Shared Services Network Executive Roundtable. C.Ms. Helga Snure, Health Education Director St. Lucie County Health Department, made a presentation recognizing those who participated in the Step Up Florida program. 3.GENERAL PUBLIC COMMENTS (050:35.8) Col. Walter Sawyer, Florida Guard Association, not associated with the National Guard or the Reserves, addressed the Board regarding the security his organization provided for the Wings and Wheels Air Show at the St. Lucie County Airport. Mr. Brian Tolson, resident inside Celebration Pointe development, addressed the Board advising them the developer (Mercedes Homes) has gone over and above and bent over backwards for the 3 residents inside the development. He wished to advise the Board of the positive things this developer has done for the residents. Mr. John Arena, Ft. Pierce, addressed the Board regarding the Port and development in St. Lucie County. Dr. Stuart Shipe, area resident, addressed the Board regarding a drainage easement behind his home and the culvert he purchased for the repair. He stated he has been waiting for two years for the work to be completed there is a 20 foot section that has not been installed. He asked for the Board’s assistance in getting the job completed. The County Administrator advised the Board he received an e-mail from the homeowners association President and they stated they cannot the county approval of the Shipe’s 1 application and if they have a drainage problem they must comply with the community restrictive covenants and work with the Board of Directors to resolve it. This is an issue with the homeowners association and they are suggesting he work with then and in turn if this problem truly exists then the Board if they agree to work with the County on the drainage on the west side of the Estate of Lawnwood to determine what corrections need to be made. Com. Hutchinson advised the Board she would not comment on this issue due to the fact Mr. Shipe is her brother in law. Com. Coward stated he did not have the necessary details and directed Mr. Shipe to sit down with our staff and see what can be done to resolve the issue. Com. Coward directed the County Administrator to handle this issue. 4.CONSENT AGENDA ( 1:00:42) It was moved by Com. Hutchinson , seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 34 and 35. 2.COUNTY ATTORNEY A.Resolution No. 06-194- Extending State of Local Emergency- Ban on Open Air Burning in St. Lucie County- The Board approved Resolution No. 06-194 and authorized the Chairman to sign. B.Airport Industrial Park – Amendment of Restrictive Covenant for Pai- Lar L.L.C- The Board approved the proposed amendment of Restrictive Covenant for the lots owned by Pai-Lar L.L.C. in the Airport Industrial Park and authorized the Chairman to sign the amendment. C.2006 Economic Development Exemption Application- Cabinet Connection of the Treasure Coast- The Board approved 1) accepting the report of the Property Appraiser; and 2) granted permission to advertise Ordinance No. 06-029 for a public hearing. D.Resolution No. 06-183 Changes to the Purchasing Manual- The Board approved Resolution No. 06-183 amending the Purchasing Manual. E.Contract with Economic Development Council of St. Lucie County- The Board approved the Contract and authorized the Chairman to sign the Contract. F.Funding request for Mental Health/Substance Abuse residential services provided by New Horizons of the Treasure Coast- The Board approved deeming New Horizons as the sole source provider and enter into a contract with New Horizons for the provision of at least 40 beds for mental health/substance abuse and co-occurring disorders for both male and females at a cost of $33.00 per bed. The payments would be based upon occupancy of beds effective June 15, 2006 through September 30, 2006. G.Resolution No. 06-193- River Oaks 50’ Recreational Trail Easement- The Board approved Resolution No. 06-193 accepting a 50’ Recreational Trail Easement, authorized the Chairman to sign the Plat of River Oaks; and directed staff to record the Resolution in the Public Records of St. Lucie County, Florida. 2 3.PUBLIC WORKS A.Engineering Division- Professional Engineering Services for Roadway and Intersection Design Amendment No. 1 to Work Authorization No. 4 with Kimley-Horn and Associates, No funding changes are associated with this request- The Board approved Amendment No. 1 to Work Authorization No. 4 for the purpose of a time extension in which all work shall be completed on or before December 31, 2006 at the Oxbow Eco-Center and authorized the Chairman to sign. B.Code Compliance Division- The Board approved Equipment Request EQ06-281. 4.AGRICULTURE A.Position Reclassification RC06-006 for Fiscal Year 2005/06 from Vocational Agricultural Technician to Agriscience Instructor/Leader- The Board approved the position reclassification. B.Position Reclassification RC06-005 for Fiscal Year 2005-06 from Extension Program Coordinator to Program Specialist- The Board approved the reclassification. 5.SUPERVISOR OF ELECTIONS State Grant Poll Worker Recruitment and Training Funds- The Board approved Budget Resolution No. 06-199 and amended FY06 Supervisor of Elections Budget accordingly. 6.AIRPORT A.Approval of Memorandum of Agreement (No. DTFASO-06-L-00086) with the U.S. Department of Transportation Federal Aviation Administration for the leasing of land for the navigational aids owned and maintained by the Federal Aviation Administration at the St. Lucie County International Airport. - The Board approved the Memorandum of Agreement and approved the Chairman signing the Agreement prior to returning the Agreement to the FAA for execution. B.Authorize Airfield Lighting Project Change Order (CO) # 5 and Final Payment and Release of Retainage for Florida Industrial Electric, Inc.- The Board approved Florida Industrial Electric CO #5 and authorized the Chairman to execute the Change Order decreasing the contract amount by $144,532.36 for a revised total of $994,270.37 and pay the final invoice in the amount of $124,866.37 which includes $25,439.33 and the retainage amount of $99,427.04 for the Airfield Lighting Rehab project at the St. Lucie County International Airport. C.Authorize Florida Industrial Electric Contract # C05-09-542- Runway 9/27 Airfield lighting Rehabilitations Final Invoice and Release of Retainage- The Board approved payment of final invoice and release of retainage in the amount of $32,701.91 to Florida Industrial Electric, Inc., for the St. Lucie County International Airport Runway 9/27 Lighting project. 7.PURCHASING A.Award of Bid No. 06-042 Water and Sewer Monitoring Services- The Board approved awarding Bid No. 06-042 to the low bidder, Walsh Environmental Services and authorized the Chairman to sign the contract as prepared by the County Attorney. 3 B.Award of Bid No. 06-047 Golf Cart Lease- The Board approved awarding Bid No. 06-047 to the only bidder, Club Car Inc., at $57.50 per car and authorized the Chairman to sign the contract as prepared by the County Attorney. C.Award of Bid No. 06-062- Purchase delivery and installation of one double wide mobile home at the Savannas Campground- The Board approved awarding Bid No. 06-062 for a total cost of $59,250.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. D.Permission to Advertise a Request for Proposals to provide IT support services for the Mets Baseball Games- The Board approved advertising the RFP. E.Permission to Advertise an Invitation for Bid for Phase 1 of the Construction of Runway 9L-27R and Parallel Taxiway System- The Board granted permission to advertise an Invitation for Bid for Phase 1- Construction of Runway 9L-27R and Parallel Taxiway System. F.Permission to Advertise and Invitation for Bids for Civic Center Concourse Rooftop Top Unit Replacement- The Board approved advertising an Invitation for Bids. 8.CENTRAL SERVICES A.Release of Retainage- Hennis Construction Company- C05-10-556 River Park Marina Restroom- The Board approved the release of retainage in the amount of $20,306.00 for Hennis Construction Company. B.Amendment No. 4 to Contract C03-08-520 Edlund Dritenbas Binkley Architects New Clerk of Courts Building- The Board approved Amendment No. 4 to Contract C03-08-520 for additional architectural services in the amount of $5,500 to include the existing Courthouse Annex air handlers on the emergency generator power system located in the new chiller plant building and authorized the Chair to sign the amendment as prepared by the County Attorney. C.The Board approved to use available Florida Boating Improvement Program Funds in the amount of $51,000 to assist with the deployment of Civic Center debris suitable for artificial reefs and collected from the demolition, on the Nearshore Site and in accordance with the Artificial Reef program. D.Release of retainage- Hennis Construction Company C05-10-559- Savannas Maintenance Building- The Board approved the release of retainage in the amount of $15,971.60 to Hennis Construction Company for the construction of the Savannas Maintenance Building. 9.ADMINISTRATION A.Historical Commission- The Board ratified the at large appointment of Joseph Alfonso to the Historical Commission and resend his appointment to the Historic Preservation Committee. B.Tourist Development Council Appointment- The Board ratified Commissioner Craft’s appointment of Jennifer Richards to the Tourist Development Council. 10.INVESTMETN FOR THE FUTURE 4 Purchasing – Award of Bid No. 06-045- Fairgrounds Storage Building- The Board approved awarding Bid No. 06-045 Fairgrounds storage building to the low bidder, AWM Construction in the amount of $124,050.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. 11.COMMUNITY SERVICES A.FDOT/JPA marketing of the Treasure Coast Connector- The Board approved Resolution No. 06-188 and Budget Resolution No. 06-189 and authorized the Chairman to sign the FDOT Joint Participation Agreement for a $40,000 grant for marketing the Treasure Coast Connector. B.Request for Board approval and authorize Chair to sign the grant extension for the FDOT Joint Participation Agreement for the Automatic Vehicle Loader- The Board approved the Chair signing the granted extension to June 30, 2007 with the FDOT JPA for the Automatic Vehicle Locator Project. C.Request for Board approval of Resolution No. 06-190- The Board approved Resolution No. 06-190 authorizing the County to maintain the Park and Ride lot pursuant to the Park and Ride Maintenance Agreement that was approved on May 9, 2006. D.Formation of HOME Consortium with St. Lucie, Martin and Indian River Counties- The Board approved developing the application to US Department of Housing and Urban Development to form a HOME Consortium, approved Resolution No. 06-148 and authorized the Chairman to sign all necessary documents if approved for funding. 12.GRANTS Florida Boating Improvement Program- The Board approved retroactively to May 31, 2006 the submittal of the grant application to the Florida Boating Improvement Program and Resolution No. 06-186 and approved acceptance of the grant if awarded. 13.GROWTH MANAGEMENT Request of Tracy Steele for final plat approval for the project known as Southern Star Stables Subdivision- The Board approved the final plat of Southern Star Stables Subdivision and authorized its execution. ? Items 5-F and 5-G were heard at the beginning of the public hearing schedule. REGULAR AGENDA 5.A COUNTY ATTORNEY(1:00:51) Ordinance No. 06-013 – Amending the St. Lucie County Land Development Code by Amending Section 10.01.14 to provide for an Administrative Variance Procedure for nd Minimum Yard Setback in any Existing Mobile Home Park- 2 Public Hearing- Consider staff recommendation to approve Ordinance No. 06-013 and authorize the signing of the Ordinance. The Assistant County Attorney addressed the Board and advised them after a meeting with the residents there seemed to be concern about the administrative fee. Staff is recommending the administrative fee also be waived until the end of the year. Mr. Roy Birch, Spanish Lakes One, addressed the Board in favor of the ordinance and stated they would like the effective date of the end of the waiver to pay the administrative to be 12/31/06. 5 Mr. Tom Schneider, Spanish Lakes Country Club, addressed the Board in favor of the ordinance and asked the Board give the snow birds time to fix their property before the end of the year and make the date 12/31/06 and those persons afterwards would be on their own. Ms. Ann Mortinson, Spanish Lakes Riverfront resident, addressed the cost and asked for clarification. Com. Coward advised Ms. Mortinson that after the public forum it was recommended to waive the fee entirely ($500.00). 12/31/06 is the end of the grace period, It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY (1:09:24) First Reading- Ordinance No. 06-022 Provide for a Privilege Fee the Abandonment of Any Real Property or Right of Way- No action required. The Board is to consider adopting Ordinance No. 06-022 at its second public hearing scheduled for June 20, 2006. Com. Craft expressed concern with right of ways given to the county for specific reasons and if we are in a position that we did not follow through with the reason that we acquired that property, he is not obliged to selling a piece of property the county did not pay for because it was not used for its intent. No action required. 5.C GROWTH MANAGEMENT (1:19:49) This public hearing is the second of two public hearings to consider the approval of a 56.62 acre area located at 2525 Center Road, Ft. Pierce, Fla. As a designated Brownfield site. This public hearing is to consider a resolution designating the Brownfield area provided the following: 1.The property owner is requesting the designation 2.Redevelopment will result in economic productivity and at least 10 new jobs 3.Redevelopment is consistent with the comprehensive plan as well as permitted use and sufficient financial resources to complete the redevelopment are available. Consider staff recommendation to approve Resolution No. 06-036 designating this area as a Brownfield site. The request for designation comes from the property owners. Redevelopment will create at least 10 jobs, redevelopment is consistent with the comprehensive plan as well as permitted use and sufficient financial resources to complete the redevelopment are available. The Board was advised that so far the site met the 3 stated requirements. The petitioner advised the Board requirement # 3 is presently in underwriting for the loan. He received a letter from the bank to that affect. Mr. Ron Siles, property owner was present to answer any questions and gave the net worth value of the project as $24 million. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 06-036, and; upon roll call, motion carried unanimously. 6 Commissioner Hutchinson advised the Board and those present she would be abstaining from voting or discussion on items 5D and 5E due to family relations. 5.D GROWTH MANAGEMENT (1:26:40) Petition of Guettler & Sons, LLC for a Conditional Use Permit to allow for the operation of a sand mine in the AG-5 zoning district. Draft Resolution No. 06-049. Consider staff recommendation to approve Draft Resolution No. 06-049. QUASI-JUDICIAL Com. Coward and Com. Craft acknowledged meeting with Mr. Guettler and Mr. Waite. Mr. Anthony Guettler, Attorney for the applicant, addressed the Board on this item. Mr. Guettler requested the words “if any” be added to the condition number 1 and item 2 in item 5D and item 10 and 11 on item 5E after the words “wetland boundaries” and also on item, condition 3 after the words “mitigation measures” add “if any”. Mr. Guettler also in item 5E he requested item 13 the word “approved by” be changed to “submitted to” the US Fish and Wildlife. Mr. Phillip Stickles, Carlton Road area resident, addressed the Board and questioned if they had an agreement to haul the material to the road project and asked the Board place a condition on the project their cannot use Carlton Road. Mr. Guettler stated the dirt removed from the site will be used only for the State Road 70 expansion project and did not have a problem with this condition. It was moved by Com. Craft, seconded by Com. Smith, to approve staff recommendation as amended and with the added condition the materials be used only for the State Road 70 project, and; upon roll call, motion carried unanimously with Com. Hutchinson abstaining. 5.E PUBLIC WORKS (1:41:13) Engineering Division- Public Hearing to review the application request of Edna L. Guettler, Inc., for a Mining Permit- This request is to seek Board approval for a Class 1 mining permit for six years to be updated every 24 months subject to the following special conditions: 1.Hours of operation: 6:00 a.m. to 6:00 p.m. Monday through Saturday No operations on holidays observed by the County 2.A performance bond of $13,226.20 will be maintained 3.Only one phase shall be mined at any one time. Prior to mining a new phase, the permittee shall notify the County Engineer in writing 4.Prior to commencement of any mining-related operations, approval from all other regulatory agencies shall be submitted to the County Engineer 5.Pursuant to Section 378.802 Florida Statutes, the mine operator must notify the Executive Director of the Florida Department of Environmental Protection, Bureau of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., Tallahassee, Fla. 32310 (904) 488-8217 before any new surface area is disturbed 6.Violations of the mining permit or mining plan are subject to permit revocation by the Board of County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day for each day that the violation is not brought into compliance. 7.All equipment, machinery, and structures which are accessory to mining, shall be properly removed from the site at the expiration of the permit. 7 8.Stockpiled material and haul roads shall be periodically watered down during dry and/or windy conditions to minimize migration of sand, dust or air contaminants to surrounding properties. 9.As part of the reclamation phase, the permittee shall provide the County Engineer with an as-built survey which includes, but is not limited to, water depths, setbacks and cross sections (200’minimum). The survey shall be performed and certified by a professional Land Surveyor registered in the State of Florida. The property lines shall be monumented. 10.Prior to the issuance of a Vegetation Removal Permit, the developer, his successors or assigns, shall provide the St. Lucie County Environmental Resources Department with documentation verifying the wetland boundaries “if any”( language added) from jurisdictional agencies. 11.Prior to the issuance of a Vegetation Removal Permit the developer, his successors or assigns, shall provide the St. Lucie County Environmental Resources Department with documentation from jurisdictional agencies assessing the direct and indirect effects on any on-site or adjacent wetland systems “if any” (added language). 12.Prior to the issuance of a Vegetation Removal Permit the developer, his successors or assigns, shall provide the St. Lucie County Environmental Resources Department with documentation incorporating any avoidance, minimization, and mitigation measures recommended by the jurisdictional agencies. 13.Prior to the issuance of a Vegetation Removal Permit the developer, his successors or assigns shall provide the St. Lucie County Environmental Resources Department with a Crested Caracara Protection Plan “submitted to” (added language) the US Fish and Wildlife Service. It was moved by Com. Lewis, seconded by Com. Craft, to approve staff recommendation as amended, and; upon roll call, motion carried unanimously with Com. Hutchinson abstaining. 5.F GROWTH MANAGEMENT (0:54:32)* Petition of Tailers’ Cove Development LLC for a variance from the Provisions of Section 6.02.02 © of the St. Lucie County Land Development Code, a change in zoning from the HIRD zoning district to the PUD zoning district and Preliminary and Final Planned Development Site Plan Approval for the project to be known as Tailers’Cove and Resolution No. 06-155.- Consider staff recommendation to approve Draft Resolution No. 06-155 subject to 14 limiting conditions. Staff requested this item be continued due to technical issue in the Resolution and are scheduling to meet with the applicant. Ms. Noreen Dwyer, attorney for petitioner concurred with staff’s request. It was moved by Com. Hutchinson, seconded by Com. Craft, to continue this hearing on June 20, 2006 at 6:00 p.m. or as soon thereafter as possible, and; upon roll call, motion carried unanimously, 5.G GROWTH MANAGEMENT (0:56:46) * Consider approval of Draft Resolution No. 06-159 granting Centerline Acquisition, Inc., Final Planned Unit Development Approval and a Change in Zoning from the AR-1 to the PUD zoning district for a project to be known as Ravinia-PUD. Staff requested a continuance due to technical issues in the Resolution. 8 Ms. Noreen Dwyer, attorney for the applicant concurred with staff’s request. Mr. Robert Swain, 2889 Rainbow Drive, adjacent property owner addressed the Board and expressed his concern with the traffic on Midway Road. He also advised the Board there were additional wildlife on the property . It was moved by Com. Craft, seconded by Com. Smith, to continue this item on June 20, 2006 at 6:00 p.m. or as soon thereafter as possible, and; upon roll call, motion carried unanimously. 5.H GROWTH MANAGEMENT (1:47:14) Consider staff recommendation to approve Draft Resolution No. 06-156 granting IP Acquisitions LLC, Preliminary and Final Planned Unit Development Site Plan approval and a change in zoning from the RS-4 and CG zoning districts to the PUD District. QUASI- JUDICIAL- All Board members acknowledged having contact with the applicant and the neighbors. Com. Coward questioned if the sidewalks would be incorporated into the 50 feet of right of way. The County Engineer stated he believed the plan has all the amenities the Board desired. Mr. Richard Wolfhart, IBI Group, addressed the Board and stated all the requirements are within the prescribed right of way shown on the drawings. Com. Smith asked if Mr. Wolfhart go review the process regarding the road. Mr. Wolfhart stated “initially when they submitted their application, Millfalls was proposed to be a private roadway it was going to terminate and go to the east of Avenue D, during the process it became obvious for connectivity of the area that two things had to take place: 1) they dedicated the necessary right of way along the northern side of their property which is Avenue D and they also agreed to construct from the terminal cul- de-sac all the way to the western property line, Selena Avenue. In addition, the other area that became a large discussion was the north/south or Millsfalls. The City of Ft. Pierce along with staff and in back and forth negotiations it was agreed upon that this also would become public. The issue of the private roadway went away and they are providing a public road access so this can be used for the connectivity of the general area”. This is what has taken place and they are satisfied. Com. Coward questioned the type of buffer that will exist once the project is completed. A representative from IBI group addressed Com. Cowards question and stated there would be native vegetation and preservation of areas and additional oaks have been proposed. There will be a 6 ft. fence around the entire perimeter of the property and a hedge on both sides. th Ms. Shirley Ann Reese, North 44 St. resident, addressed the Board and expressed her concerns with the continued development of the area with large homes and questioned who would occupy these homes with the price of homes today. Mr. Wolfhart advised the Board they would be providing some workforce housing built in the range of the high $100,000 to $200,000. Com. Craft questioned why the Planning and Zoning Board denied this request. Staff advised Com. Craft there was a discussion of design and roadway connections and these were two of the primary concern. 9 Com. Coward asked if improvements to the plan have been made since the meeting. Staff advised Com. Coward the road is no longer a private road, the gates have been removed from Millsfalls and it will now be a public road. It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 06- 156, included the provision staff was comfortable with, and; upon roll call, motion carried unanimously. 5.I GROWTH MANAGEMENT (2:10:35) QUASI-JUDICIAL – no contact by Board with petitioner or residents Petition of Ginn LA St. Lucie, LLLP for a final 12 month extension of the approved Conditional Use Permit for a 7,700 square foot Beach Club contained in a 100 unit condominium in the HIRD and PUD Zoning Districts (BCC-06-004)- Draft Resolution No. 06-157- Consider staff recommendation to approve Draft Resolution No. 06-157 which would grant a 12 month extension to the approved conditional use permit. Mr. Richard Buck, representing Ginn LA, LLP advised the Board they have received all permits with the exception of the building permits to be issued by the County. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 06-157, and; upon roll call, motion carried unanimously. 5.J GROWTH MANAGEMENT (2:12:50) QUASI- JUDICAL – no contact by Board with petitioner or residents. Petition of Ginn LA St. Lucie, LLLP for a final 12 month extension of the approved Conditional Use Permit for a 7,700 square foot Beach Club contained in a 100 unit condominium in the HIRD and PUD Zoning Districts (BCC 06-004) –Consider staff recommendation to approve Draft Resolution No. 06-018 which would grant a 12 month extension to the approve Major Site Plan. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the extension and approve Resolution No. 06-018, and; upon roll call, motion carried unanimously. BOARD COMMENTS Com. Craft requested staff review security at the public parks. He received several calls regarding this issue. Com. Smith stated he too had received calls, however he felt they need to find a way to have community involvement and watch reinitiated. Com. Coward requested the artificial reef program get back on track and he would like to see in detail the programs that are being worked on. There being no further business to be brought before the Board, the meeting was adjourned. _____________________ Chairman _______________________ Clerk of Circuit Court 10 11