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HomeMy WebLinkAboutBOCC Minutes 06-20-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 20, 2006 Convened: 6:00 p.m. Adjourned: 9:30 p.m. Commissioners Present: Doug Coward, Chairman, Chris Craft, Paula A. Lewis, Joseph Smith, Frannie Hutchinson absent Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Jeff Furst, Property Appraiser, Robert Nix, Growth Management Director, Hank Flores, Planning Manager, Millie Delgado- Feliciano, Deputy Clerk 1.MINUTES (0:052) It was moved by Com. Lewis, seconded by Com. Smith, to approve the minutes of the meeting held June 13, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS The Property Appraiser addressed the Board regarding this year’s taxable values. 3.GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce, addressed the Board regarding the Plasma recycling plants and expressed his concerns with the emissions from the coal utilized. Com. Craft addressed Mr. Arena’s concerns and stated the gasification process does not produce C02. 4.CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda to include additions CA-1, and; upon roll call, motion carried unanimously. 1.Warrant List The Board approved Warrant List No. 37. 2.COUNTY ATTORNEY A.Resolution No. 06-203- Extending State of Local Emergency Ban on Open Air Burning in St. Lucie County- The Board approved Resolution No. 06-203 and authorized the Chairman to sign. B.Application of Edward Byrne Memorial Justice Assistance Grant for FY 2006-07-The Board approved the submission of the grant application, authorized to accept the grant and authorized the Chairman to sign all documents necessary for the grant. C.Change Order No. 2 or Contract No. C05-10-699 with Design Built Technologies- The Board approved Change Order No. 2 to be signed by the Chairman. 1 D.Airport Runway/Street Sweeper- Interlocal Contract for Cooperative Purchasing with Houston/Galveston Area Council and increase the Authorized Purchase price of Runway/Street Sweeper- The Board approved the proposed Interlocal Contract for Cooperative Purchasing with Houston-Galveston Area Council and authorized the Chairman to sign the contract. The Board approved the increase final purchase for a new TYMCO Model 435 Regenerative Air Street Sweeper, with a $5,000 trade in for the current sweeper, to $79,798.18. 3.PUBLIC WORKS A.Requesting Time Extension- The Board approved a time extension through August 31, 2006 for Work Authorization No. 9 with Hazen & Sawyer for the Lake Management Plan for the Lakewood Park Subdivision. B.Requesting Time Extension- The Board approved a time extension through December 31, 2006 for Work Authorization No. 16 with Hazen & Sawyer for the Lake Stormwater Management Plan for the Lakewood Park Subdivision. C.Engineering Division- The Board approved and authorized the Chairman to sign Change Order No. 1 in the amount of $50,256.12 for a total contract price of $278,516.12 to Johnson-Davis, Inc., for design modifications and improvements of the Sunrise Blvd., at Canal 10 Culvert Replacement Project. D.Engineering Division- The Board approved and authorized the Chairman to sign Change Order No. 4 in the deductive amount of ($17,160.30) for a total contract price of $546,300.41; accepted the project; released the retainage in the amount of $54,630.04 for the Water Main Extension SR 5 (US 1) project, Easy St., North to Ulrich Rd. E.Engineering Division- The Board approved and authorized the Chair to sign Change Order No. 1 in the amount of $38,150.00 for a total contract price of $275,400.00 to Johnson- Davis, Inc., for the additional Merritt Ditch clearing operations from the North River Place roadway to the North Fork of the St. Lucie River at the above referenced project. F.Engineering Division- The Board approved Amendment No. 11 to the Consultant Agreement with Inwood Consulting Engineers to provide post-design consulting services, as needed through December 31, 2008 th for the S. 25 St. Roadway Widening Project in the amount not to exceed $50,000 and authorized the Chairman to sign. 4.COURT ADMINISTRATION A.Air Conditioning St. Lucie County Courthouse- The Board approved additional funding to purchase air conditioning systems for the St. Lucie County Courthouse electronic/server room. B.Electronics/server room construction- The Board approved the funding necessary to construct and electronics/server room on the first floor of the St. Lucie County Courthouse. C.St. Lucie County Courthouse wiring/after hour labor- The Board approved the funding necessary to add wiring not included in the previous budget request and to include after hour labor charges for the St. Lucie County Courthouse. 2 D.Transfer of funds support technology Court System- The Board approved the transfer of funds for hardware and software items that had not been previously budgeted in order to support technology changes in the Court System. 5.SHERIFF Budget Modification Request COPS Secure Our Schools Grant- The Board approved the amendment to change the project stakeholders to only the EOC and School Board and adjustment of budget accordingly. 6.HUMAN RESOURCES Network Desktop Technician for Court Administration- Salary range pay grade 20 County funded $39,184.50 to $60,822.74- The Board approved the additional position of Network Desktop Technician with approval to hire up to midpoint of $50,003.62 Court Technology Officer with approval of the Chief Judge. 7.PURCHASING A.Award of Bid No. 06-064- Rental of Construction and Industrial Equipment- The Board approved awarding Bid No. 06-064 Rental of Construction and Industrial Equipment according to the award sheet that names primary vendor, first alternate, second alternate and third alternate for each equipment, and authorized the Chairman to sign the contracts as prepared by the County Attorney. B.First Amendment to Work Authorization No. 9 to contract C03-10-646 with PBS & J for U.S. Customs and Border Protection Facility Modification- The Board approved the First Amendment to Work Authorization No. 9 to Contract C03-10-646 which extends the completion date until December 31, 2007 and granted permission for the Chairman to sign the Amendment as prepared by the County Attorney. C.Change Order No. 1 to Contract C05-10-659 with DPC General Contractors, Inc., for the Demolition of Interiors & Abatement of Hazardous Materials at the Old Courthouse- The Board approved Change Order No. 1 to Contract C05-10-659 which extends the timeline 60 days- July 11, 2006 as the new completion date and authorized the Chairman to sign the Change Order as prepared by the County Attorney. D.Change Order No. 1 to Contract C05-10-536- with Dickerson Florida, Inc., for St. Lucie County Resurfacing Annual Contract- The Board approved Change Order No. 1 to Contract C05-10-536 which extends the timeline by 180 days making September 30, 2006 the new completion date and increases the contract amount by $25,995.00 to include resurfacing work at St. Lucie County International Airport. The Board also granted permission for the Chairman to sign the Change Order as prepared by the County Attorney. E.Permission to Advertise an Invitation for Bids for the purchase of two 40- ton articulating dump trucks and one 6,000 gallon off road water wagon.- The Board granted permission to advertise an Invitation for Bid. F.Award of Bid No. 06-066- Pre-qualifications for Fencing Contractors- The Board awarded Bid No 06-066 to all five bidders: Accurate Tennis Courts, Inc., Commercial Fence Contractors, Martin Fence Company, Stuart Fence Company, Quality Fence Contractors, and 3 authorized the Chairman to sign the contracts as prepared by the County Attorney. G.Termination of Contract C05-12-701 with Kelly Janitorial Systems and award Bid No. 06-013 Cleaning Services (Solid Waste Dept.) to F.H.S. Incorporated- The Board accepted Kelly Janitorial System’s termination notice (Contract C05-12-701) and awarded Bid No. 06- 013 to the second low bidder, F.H.S. Incorporated, for the total amount of $30,040.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. H.Award of Bid No. 06-063 Rock Road Jail Refrigeration Replacement- The Board approved awarding Bid No. 06-063 Rock Road Jail Refrigeration Replacement to Services Refrigeration DBA Complete Restaurant Equipment, and authorized the Chairman to sign the Contract as prepared by the County Attorney. 8.AIRPORT A.Scrivener’s error – The Board approved the correction of the scrivener’s error for Florida Industrial Electric, Inc., and pay the final invoice in the amount of $124,866.38 which includes $25,439.34 and the retainage amount of $99,427.04 from 140326-0000-205100-000, 140127-0000-205100-000 for Airfield Lighting Rehabilitation Project at the St. Lucie County International Airport. B.Scrivener’s error- The Board approved the scrivener’s error to correct the assigned Work Authorization No. 15 for PBS&J to update the Airport Layout Plan for the St. Lucie county International Airport at a cost of $50,l967 subject to the offer and acceptance of a $48,450 grant from the FAA with a 2.5% grant from the FDOT and a 2.5% local match, both totaling $2,250 and authorized the Chairman to execute the same. 9.CENTRAL SERVICES A.Change Order No 1 to Contract No. C06-02-144 /Sunrise Systems of Brevard, Inc.- Rock Road Jail EIFS removal on B-4 Dorm and Medical Building- The Board approved Change Order No. 1 to increase the contract sum $33,587.50 and increase contract time an additional ten days for a substantial completion date of July 18, 2006 and authorized the Chair to sign the change order as prepared by the County Attorney. B.Change Order No. 5 to Contract No C04-05-253 H & J Contracting/Ancient Oaks Park (Weldon B. Lewis Park)- The Board approved Change Order No. 5 to Contract No. C04-05-253 with H & J Contracting to increase contract time by sixty four days for a date of substantial completion of June 30, 2006 and authorized the Chair to sign the Change Order as prepared by the County Attorney. ADDITIONS CA-1. SUPERVISOR OF ELECTIONS Resolution No. 06-209 Creating and Amending Certain Election Precinct Boundaries and Polling Locations- The Board approved Resolution No. 06-209. REGULAR AGENDA 5.A PUBLIC HEARINGS (0:20:40) 4 QUASI- JUDICIAL- Commissioners Craft, Lewis Smith and Coward advised those present they had met with the representatives of the applicant. Com. Coward advised those present e-mail pertaining to this issue has also been received. 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 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- Consider staff recommendation to approve Draft Resolution No. 06-155 subject to 7 limiting conditions. Staff advised the Board in order to approve the project as proposed by the developer, the Board would need to grant a shoreline variance. Mr. Dennis Murphy, Culpepper and Terpening, representing the applicant, addressed the Board on this item and advised them there is a 42% decrease in the overall density of this project. Com. Coward asked Mr. Murphy to clarify the intended use of the western boundaries (berm ). Mr. Murphy stated the property line based upon the survey and description actually do go out to a certain portion of the Indian River Lagoon, the berm runs along the side and this dyke has several breeches in it up and down throughout the area. They will be coming in and working to address and work with Mosquito Control in closing one of the breeches. It is not their intention to open the area up for general public access it will be opened for mosquito control purposes. Com. Coward questioned the greenway trail issue. The Environmental Resources Director advised the Board staff did not bring this issue up during the development review committee process. Mr. Murphy stated there was very limited trail system availability. Com. Smith addressed the planning and zoning minutes and the questioned asked regarding solar unit roofing system would be appropriate. Mr. Juan Bermudas, applicant stated they looked into it and certain difficulties arose in 3 story units. They continue to look forward as an option for the owners of the units, but it has not been designed as a standard feature. They have found most of the buyers, some do want the solar panel heating and some do not. It was moved by Com. Lewis, seconded Com. Smith to approve staff recommendation, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (0:39:41) Continue the public hearing to consider approval of Draft Resolution No. 06-159 granting Centerline Acquisitions Inc., Final Planned Unit Development approval and a Change in Zoning from AR-1 Zoning District to the PUD Ravinia- Consider staff recommendation to approve Draft Resolution No. 06-159 granting Centerline Acquisitions Inc., a change in zoning from AR-1 to PUD and Final Planned Development Site Plan approval for a project to be known as Ravinia-PUD. QUASI-JUDICIAL- Commissioners Coward, Lewis, Smith and Craft advised those present they had contact with the applicant, representatives and citizens. Com. Coward advised those present of a letter received from Ms. Rona Perry for the record. 5 Ms. Noreen Dwyer, Ruden McCloskey, representing the applicant, addressed the Board on this item and advised the Board of the features of this project, the setback from the property line to the 2 story structures. The site planner addressed the Board and commented on the buffers and the additional vegetation being provided. Mr. Robert Rivas, area resident, addressed the Board and stated he would rather have homes in the area as opposed to the noise made by the motorcycles and dirt bikes in his back yard area over the weekend. Com. Coward commended the applicant for providing a substantial buffer for the surrounding residents. Com. Craft thanked the applicant for making the development neighbor friendly. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 06- 159, and; upon roll call, motion carried unanimously. 5.C COUNTY ATTORNEY (1:00:38) Second Reading- Ordinance No. 06-022 Provide for a Privilege Fee for the Abandonment of Real Property or Right of Way- Consider staff recommendation to adopt Ordinance No. 06-022. Com. Coward questioned if the members of the Board would prefer to have a full board present when deciding on this item since it remains a controversial issue with board members. Mr. Jonathan Ferguson, Ruden McCloskey firm addressed the Board and requested this not apply to those projects already in the pipeline and have not been able to come before the Board as yet. He asked this be applied to new applications as of the effective date. Ms. Pam Hammer, Reserve resident addressed the Board and stated the Board should not be giving away public land. She felt this was an opportunity for the county to receive more dollars to be placed towards the road projects. She stated she would like for every application that has not been approved to comply with this new rule. Com. Smith stated he felt it may be in the Board’s best interest to have a full board present. Com. Lewis stated she did not have a problem in delaying action on this item until a full board is present. It was moved by Com. Smith, seconded by Com. Lewis, to continue this item on June 27, 2006 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (1:23:27) Consider Draft Resolution No. 06-164 granting the petition of International Investment Partners, LLC and Barbieri & Screnci, LLC for a change in zoning from the RS-4 Zoning District to the PUD Zoning District and Preliminary and Final Planned Unit Development approval for the project to be known as Lakeside Village PUD- Consider staff recommendation to approve Draft Resolution No. 06-164 subject to 9 limiting conditions. QUASI- JUDICIAL- Com. Craft stated he had contact with the applicant. The remaining Board members stated they had no contact with anyone regarding this item. 6 Mr. Bill McCain, W.F. McCain & Associates, representing the applicant, addressed the Board on this item reviewing the new design exceeding the open space requirements and the habitat preservation requirements. They are down to 2.77 units per acre. They are presently in discussion with the School Board regarding a school bus stop and where they can place one. There were other issues one being the relocating of the main entrance off of Indrio Road to adjoin the crossing shopping center. They looked at this from several stand points and concluded the client needed a primary entrance off of a main roadway, thus it being where it is shown. Com. Craft questioned the trips at the Indrio Intersection and asked if staff had reviewed the traffic report. The County Engineer stated staff had not reviewed the report. Com. Coward requested information on the fair share contributions for road improvements to be made by the applicant. Mr. McCain stated one is a southbound turn lane at the intersection of Indrio and Kings Highway. The second was a contribution to the signalization of Indrio Road and Emerson Avenue. They are also paying the elevated county road impact fee per unit requested. Mr. Dennis Kirkowitz, 6701 Indrio Road, addressed the Board and stated his concerns with the traffic in and out of the development and the maintenance of the buffer. He asked if there was the possibility of utilizing another entrance. Mr. Jay Maycumber, Indrio Road resident, addressed the Board and complimented the developer on their work. He was happy to see the buffer and the landscaping and appreciates their efforts. He also expressed his concerns with the entrance on Indrio and he stated he could not understand how a turning lane would raise the level of service in the area. Mr. McCain stated it was necessary to have the entrance on Indrio due to marketing issues. Com. Coward asked if this project was meeting concurrency. The Growth Management Director stated it was meeting concurrency and staff is satisfied with the traffic report. Com. Craft questioned the intersection at Ft. Pierce Blvd., and Indrio Road being overlooked and expressed his concerns. He guaranteed this intersection would fail and this is what he was attempting to point out. Mr. Harold Melville, attorney, stated he understood his concerns, however this project is somewhat unique in that they are building this on agriculturally zoned land they are taking a vested 190 unit subdivision out of the system and they are replacing it with the trips generated from only 90 units. The intersection at Kings and Indrio is presently working and the objective is the fair share contribution plan and to collect enough money so that by the time the other developments come on line, you have the money in advance to make the improvements so that the intersection continues to work. This is the whole concept of the fair share plan and this is what they are participating in. It was moved by Com. Lewis, seconded by Com. Smith, to approve staff recommendation; upon roll call, motion carried unanimously. 7 5.E GROWTH MANAGEMENT (2.52.46) Petition of Angle Road Investment Company for a Change in Zoning from the AG-1 Zoning Districts to the PUD Zoning District and Preliminary Planned Unit Development approval for the project to be known as Jonette Acres PUD Draft Resolution No. 06-161. QUASI-JUDICIAL- The Board members acknowledge meeting with the applicant. Mr. Greg Boggs, Lucido and Associates, addressed the Board on this project and gave a presentation. Com. Coward commended Mr. Boggs for his efforts in working on the transportation network plan. Com. Craft questioned a traffic impact report. Ms. Andrea Troutman, Traffic Consultant, addressed the Board’s questions. She advised the Board they are not asking for capacity reservation due to the related improvements they are showing going to be needed. Through the analysis there is shown the intersection improvements being required at Angle Road and Kings Highway and at Orange Avenue and Kings Highway. The improvements shown are, at Angle and Kings Highway, an eastbound right turn lane will be needed, a north bound right turn land and a south bound right turn lane. At Orange Avenue and Kings Highway, adding a south bound left and right turn lanes and adding a north bound left turn lane and an east bound through lane. With these improvements they can meet concurrency. Com. Craft asked if there was room at the intersection of Kings Highway and Angle Road to make the improvements. Ms. Troutman stated, no they would need to acquire right of way. Mr. Jonathan Ferguson, Ruden & McCloskey, addressed the Board on the project and stated they were deferring concurrency at this time and everyone recognizes the issues related to the Angle/ Kings Highway intersection. Mr. David Shafkowitz, Angle Road Investment Company thanked the Board for giving them the opportunity to come to St. Lucie County. Mr. Jay Maycumber, Indrio Road resident, addressed the Board and complimented the developer and the Board on the concurrency issues and the fact that requiring concurrency upfront is encouraging. It was moved by Com. Smith, seconded by Com. Lewis, to approve staff recommendation noting condition number 9 (requested by Com. Craft), and; upon roll call, motion carried unanimously. 5F. COUNTY ATTORNEY (2:15:50) 2006 Economic Development Exemption Application Cabinet Connection of the Treasure Coast, Inc.- Consider staff recommendation to approve Ordinance No. 06-029. It was moved by Com. Craft, seconded by Com. Lewis, to approve Ordinance No. 06- 029, and; upon roll call, motion carried unanimously. 5.G COUNTY ATTORNEY Application for Cable Television Franchise- Litestream Holdings, LLC – This item was pulled prior to the meeting. Advertised for 6/27/06 meeting. END OF PUBLIC HEARINGS 6. COUNTY ATTORNEY (2:59:17) 8 Local Option Gas Tax Division of Proceeds Beginning September 1, 2006- Staff recommends that the Board determine whether to approve annual re-determination set out in the attached memorandum and direct the County Attorney to notify the Department of Revenue of the re-determination by July 1, 2006. It was moved by Com. Craft, seconded by Com. Smith, to approve the annual re- determination set out in the memorandum and directed the County Attorney to notify the Department of Revenue of the re-determination by July 1, 2006, 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 Courts 9