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HomeMy WebLinkAboutBOCC Minutes 10-24-2006 BOARD OF COUNTYCOMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 24, 2006 Convened: 9:00 a.m. Adjourned: 10:30 a.m. Commissioners Present: Doug Coward, Chairman, Chris Craft, Paula A. Lewis, Joseph Smith, Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Ray Wazny, Asst. County Administrator, Catherine McKenzie Smith, Assistant County Attorney, Don West, Public Works Director, Robert Nix, Growth Management Director, Vanessa Bassey, Environmental Resources Director, Jim David, Mosquito Control Director, Paul Hiott, Veterans Services Director, Dennis Wetzel, IT Director, Ed Fry, Clerk of Courts, Bob Davis, Tax Collector, Roger Shinn, Central Services Director, Leo Cordeiro, Solid Waste Director, Mari Gouin, Management and Budget Director, Mike Pawley, County Engineer, Hank Flores, Planning Manager, David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES (0:52:03) It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the minutes of the meeting held October 17, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS A.Paul Hiott, Veterans Services Director presented the Chili Cook Off Exchange Club Castle awards. B.A presentation was made by the Tax Collector of Excess Fees in the amount of $ 4,884,511 80% of which will go to the Board. C.A presentation was made by Schenkel Shultz on the Special Needs Facility/Auditorium 3.GENERAL PUBLIC COMMENTS (0:39:37:2) Mr. Joe Edge, Port St. Lucie resident, thanked Com. Smith for his assistance with a code violation on Prima Vista Blvd., and Airoso. He advised the Board there are unsightly properties in the area. He advised the Board of what he felt were problems with homes not being taken care of and other issues. He requested assistance from the City of Port St. Lucie and has never received any type of response. Mr. Paul Schall, Indian River Estates, addressed the Board in favor of raising the impact fees. Ms. Jean Hearn, Indrio Road, addressed the Board regarding item # 12 and stated she believed Harbor Pointe should not be considered as the property for the spoil site. 4.CONSENT AGENDA It was moved by Com. Hutchinson, seconded by Com. Smith, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 55 and 3. 1 2.COUNTY ATTORNEY A.Bear Point Mitigation Bank- The Board approved the proposed Bear Point Mitigation Bank Credit Purchase Agreements, and authorized the Chairman to sign the Agreement upon receipt of the signed originals from the developers. B.Bear Point Mitigation Bank- The Board approved the proposed First Amendment to the Bear Point Mitigation Bank Credit Purchase Agreement with Tailer’s Cove Development LLC and authorized the Chairman to sign the First Amendment upon receipt of the signed originals from the developer. C.Bear Point Mitigation Bank- The Board approved the proposed Bear Point Mitigation Bank Credit Reservation Agreement and authorized the Chairman to sign upon receipt of the signed originals from the developer. D.Permission to Advertise- Ordinance No. 06-051- All Terrain Vehicle Operation on Unpaved Roadways- The Board approved advertising Ordinance No. 06-051 for public hearing on December 5, 2006 at 6:00 p.m. or as soon thereafter as it may be heard. E. Budget Amendment No. BA06-174 requesting the transfer of $22,966 from Contingency to Professional Services- The Board approved Budget Amendment No. BA 06-174. F.Cortez Townhomes LLC- The Board approved the Conservation Easement from Cortez Townhomes LLC. G.St. Lucie County v. State of Florida- Settlement Agreement with Treasure Coast Builders Association and Florida Home Builders Association- The Board approved the Settlement Agreement and authorized the Chairman to sign the Agreement. H.St. Lucie County v. State of Florida- Settlement Agreement with Centerline Intervenors- The Board approved the Settlement Agreement and authorized the Chairman to sign the Agreement. 3.PARKS AND RECREATION A.Approval of Budget Amendment No. BA07-006 & Modification of Equipment Request EQ07-178, EQ 07-179, EQ 07-180, EQ 07-181- The Board approved Budget Amendment No. BA07-006 in the amount of $2,163.00 and the aforementioned revised Equipment Requests. B.Sewer repair- Request for Contingency funding and declaration of an emergency. - The Board approved the use of contingency funding in the amount of $11,360.00 and the declaration of an emergency to repair the sewer system at the Savannas Recreation Area. C.Walton Community Center/Well replacement emergency- The Board approved staff’s request to replace the well at the Walton Community Center in the amount of $3,000.00 and approved A-1 Water Systems inc., to perform the work. D. Harbor Pointe/Ft. Pierce Utilities/Payment of Fees/Approve BA No. 07-008- The Board approved the use of $4,098.22 from General Fund Contingency to pay for Ft. Pierce Utilities costs associated with installation of a new three phase electrical service at Harbour Pointe, the Board also approved BA No. 07-008. 2 E.Special Needs/Auditorium Site Plan & Design Approval- The Board approved the Special Needs/Auditorium Site Plan and design as presented by Schenkel Schultz and supporting documentation. The Board approved advertising for bid. 4.MANAGEMENT AND BUDGET A.Permission to Advertise- The Board authorized the Office of Management and Budget to schedule and advertise a public hearing to amend the budget. B.Adopt Resolution No. 06-328 to establish a budget for Fiscal Year 2007 for the Florida Department of Law Enforcement Edward Byrne Memorial JAG Grant for Crime Analysis in the amount of $36,718.00- The Board approved Resolution No. 06-328. C.Request for approval of Second Advance in the amount of $275,000.00 to the County Tax Collector- The Board approved the request for the second advance in the amount of $275,000 to the County Tax Collector. 5.HUMAN RESOURCES A.Compensation for staff called up for active duty to run from October 1, 2006 through September 30, 2007.- The Board approved the extension to its compensation for staff called up for active military duty until September 30, 2007 and authorized the Chairman to sign. B.Reclass- The Board approved the two vacant positions of MTIII to MT V and MTIII to MT IV irrigation tech. 6.SOLID WASTE A.Proposal from CDM for engineering services to assist St. Lucie County with the overall landfill gas system management- The Board approved the September 25, 2006 proposal from CDM for engineering services to assist ST. Lucie County with the overall landfill gas system managemen4t including managemen4t of the existing Phase I, II and 3A landfill systems, leachate dewatering activities and gas systems compliance monitoring for a lump sum of $445,000. B.Change Order to contract with Sierra International Machinery LLC- The Board approved the Change Order to the contract with Sierra International Machinery, LLC reducing the contract amount by $60,418.00 that has a balance due of $60,418.10. This change order results in a zero balance and the contract can be closed. C.Interlocal Agreement with FEMA for non-exclusive use of the St. Lucie County Solid Waste Baling & Recycling Facility- The Board approved the Interlocal Agreement. 7.ENVIRONMENTAL RESOURCES Request of Culpepper & Terpening, Inc., - The Board approved the request of Culpepper & Terpening for an exemption from the requirements of Section 11.02.09(A)(5) and that no environmental impact report be required from this project, on the condition that the applicant perform gopher tortoise surveys in accordance with FWC survey guidelines. Survey results must be provided to ERD per Comprehensive Plan Policies 8.1.12.5 and 8.1.8.0 prior to the site plan approval. 3 8.PARKS REFERENDUM A.Lawnwood Soccer Fields/The Collage Companies Change Order No. 1 –The Board approved Change Order No. 1 for the Collage Companies in the amount of $15,627 for the additional work on the Lawnwood Complex soccer fields. B.Recreation Design & Construction Chang Order No. 4 (Lakewood Park) - The Board approved the Recreation & Design Construction Change Order No. 4 in the amount of $530,000.00 for the Lakewood Park Project due to cost increases. 9.PURCHASING A.Award of Bid No. 06-115 S. Hutchinson Island Wastewater Collection and Reclaimed Water Distribution System SR A1A Utility Relocation- The Board approved awarding Bid No. 06-115 to the low bidder, Johnson Davis Inc., for the amount of $272,500.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. B.Change Order No. 1 to Contract C06-03-269 with Wilo Products Company, Inc.- The Board approved the bid waiver, sole source declaration and authorized the Chairman to execute the contract in the amount of $107,617.00. C.Assignment of Contract C06-03-342- with Nations Rend USA Inc., to Sunbelt Rentals - The Board approved the assignment of Contract C06-06-342 with Nations Rent USA to Sunbelt Rentals and authorized the Chairman to sign the assignment as prepared by the County Attorney. 10.SUPERVISOR OF ELECTIONS The Board approved the indemnification agreement between the County and the listed Precincts and authorized the Chairman to sign the Agreement. 11.ADMINISTRATION Request for the Board to approve Permission to Advertise an Invitation for Bids for completion of ADA improvements at Tradition Field and approval of inter-fund loan from General Fund Contingency- The Board approved advertising an Invitation for Bid and approved the inter-fund loan from the General Fund Contingency. 12.PUBLIC WORKS A.Revision to Amendment No. 1 to Emergency JPA ANX 51 with Florida Department of Transportation for Repair to County Roads damaged by Hurricane Frances- The Board approved the Revision to Amendment No. 1 to Emergency JPA ANX-51 with the FDOT for reimbursement of cost for debris removal from Hurricane Frances. B.Amendment No.1 to Emergency JPA ANX-76 with FDOT for repair to County Roads damaged by Hurricane Jeanne- The Board approved Amendment No. 1 to Eme4rgency JPA ANC 76 with Florida Department of Transportation for redistribution and decreasing funding and signature by the Chairman. C.Road and Bridge Division- Approve Equipment Request EQ07-285 to purchase a new 24” Cutting Disc from Everglades Farm Equipment Company for $6,000- The Board approved Equipment Request EQ07-285 . D.Engineering Division- Indian River Estates MSBU- Restrictive Covenant Agreements - The Board accepted the Restrictive Covenant Agreements and authorized staff to record said documents with the Clerk of Circuit Court. 4 E.Enginee4ring Division- Eighteen Public Hearings- The Board granted permission to advertise 18 public hearings stating the County’s intent to the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units. The hearings to be held December 12, 2006 at 9:00 a.m. or as soon thereafter. 13.AIRPORT A.Request approval of Budget Resolution No. 06-329 for he Florida Department of Transportation Joint Participation Agreement in the amount of $96,000 with a local match if $24,000 for a total project cost of $120,000 for the construction of the modifications to the United States Customs & Border Protection Facility at the St. Lucie County International Airport- The Board approved Budget Resolution No. 06-329. B.Request approval of Budget Resolution No. 06-330 with the FDOT Joint Participation Agreement in the amount of $300,000 with a local match of $75,000 for a total project cost of $375,000 for the design of Runway 9/27 rehabilitation project at the St. Lucie County International Airport.- The Board approved Budget Resolution No. 06-330. C.Request the Board accept the FDOT Joint Participation Agreement in the amount of $227,000 with a local match of $57,000 for a total project cost of $284,000 for the taxiway shoulder and drainage project at the St. Lucie County Airport and approve Resolution No. 06-327 - The Board approved accepting the JPA and approved Resolution No. 06-327. D.Request for approval of PBS&J Work Authorization for construction phase services for Bid Package No. 1 Final Design Services for Lighting, Electrical Vault, Pavement Markings, and Fencing and Bidding Phase Services for Bid Package #2 for he Runway 9L/27R and Parallel Taxiway project in the lump sum amount of $677,609.- The Board approved the Work Authorization with PBS&J for construction phase of bid package 1 and 2. 14.GROWTH MANAGEMENT Ratification of the Tourist Development Council’s decision to approve a $2,000 Special Event Grant request for the Navy UTD Seal Museum-XX1 Muster. The Board ratified the TDC’s decision to approve a $2,000 special event grant request and authorized the Chairman to sign upon receipt of the originals as drafted by the County Attorney. 15.GRANTS A.Authorize the acceptance of a grant from FIND for $258,300 to be utilized for design, engineering, and permitting of the South Causeway Park shoreline restoration and park improvements- The Board approved the acceptance of the grant. B.The Federal Disaster Mitigation Act of 2000 requires the Sate and each county within the State to have Local Mitigation Strategy. Florida Rule 9G-22 requires the submittal of an annual report of the County’s Local Mitigation Strategy which will become part of the State’s report to meet the requirements of DMA2K, the annual report is also required for the Community Rating Service. This item was to request the Board approve the St. Lucie County Local Mitigation Strategy annual report and its submittal to the Florida Division of Emergency Management- The Board approved the St. Lucie County Local Mitigation Strategy annual report and its submittal to the Division of Emergency Management. 5 C.Approve an interlocal agreement between the St. Lucie County BOCC and the Ft. Pierce Redevelopment Agency to share costs associated with design engineering and permitting of improvements to South Causeway Park- The Board approved the interlocal agreement. 16.COMMUNITY SERVICES Approval of piggyback contract with Florida Housing Coalition to provide St. Lucie County with the services described in the Scope of Work for development of an Inclusionary Zoning ordinance, Community Land Trust, Housing Trust Fund and Regulatory Reform- The Board approved the piggyback contract and authorized the Chairman to sign the contract as prepared by the County Attorney. 17.CULTURAL AFFAIRS Grant contract with the UDT Navy Seal Museum for $40,000.00 in operating expenses- The Board authorized the Chairman signing the contract with the UDR Navy Seal Museum for $40,000 in operating expenses. REGULAR AGENDA(1:00:30) 6. GROWTH MANAGEMENT Consider staff recommendation to approve the Letter of Intent and Job Growth Investment Grant Agreement with Remetronix Inc., and the County and authorize the Chairman to sign the agreements Mr. Brain Mead, Economic Development Analyst addressed the Board on this item. Mr. Russ Knowles, CEO Remetronix was available to answer any questions the Board may have. It was moved by Com. Hutchinson, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 7. GROWTH MANAGEMENT Letter of Intent and the incentives including an Ad Valorem Tax Exemption and the refund of the electricity franchise fees between St. Lucie county and Allied Universal (Project Butterfly) - Consider staff recommendation to approve the Letter of Intent including the agreement to hold a public hearing to consider the Ad Valorem tax exemption and the refund of the electricity franchiser fee and authorize the Chairman to sign the agreements. Mr. Jim Palme4r, CEO Allied Universal was present to answer any questions the Board may have. The Board asked staff if there were any environmental concerns with the project. The Environmental Resources Director advised the Board they did not have any concerns with this project. It was moved by Com. Craft, seconded by com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. 8. ADMINISTRATION (1:09:23) St. Lucie County School District request for 60 acres of county land at the Research and Education Park for construction of a K-12 school- Consider staff recommendation to send a Letter of Intent to the St. Lucie County School Board expressing the County’s 6 willingness to transfer 60 acres of land at the County’s Research and Education Park to the School District for a K-12 school. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve staff recommendation, and; upon roll call, motion carried unanimously. 9. GROWTH MANAGEMENT This item was continued from this Boards October 17, 2006 hearing. Consider Draft Resolution No. 06-226 granting the application of Mayo Development Group LLC for Major Site Plan Approval for a Project to be known as Mayo Warehouse- Consider staff recommendation to approve Draft Resolution No. 06-226 granting the application with the condition as stated by the Planning Manager. The Planning Manager addressed the Board regarding this project and the 45 day condition added. Mr. Dennis Murphy, Culpepper & Terpening Project Manager, addressed the Board on this item and presented the language for the condition (attached). Com. Coward stated he wanted understood that the Board is not taking away road dollars. The developer will still be required to make their contributions for the road way through impact fees or other and what they are talking about is the cost for ingress and egress to the site which would be the throw away construction of the road widening that would assume the same area. Mr. Murphy requested the presented condition be added to the Resolution . Com. Smith asked if staff was comfortable with the added language. The Asst. County Attorney advised the Board she was comfortable with the language due to the fact this was an added condition and nothing else was being changed. It was moved by Com. Hutchinson, seconded by Com. Smith, to approve the Resolution as amended to include the added condition, and; upon roll call, motion carried unanimously. Com. Hutchinson requested staff be directed to provide the Board the option to look at any future applicants and the option of a developers agreement with the funding of road improvements vs. doing the throw away. 10. GROWTH MANAGEMENT Petition of Mark Stromak for Major Site Plan approval for the project to be known as Treasure Coast Mayflower Moving & Storage for property located on the north side of th Metzger Road, approximately 600 feet West of 39 St. in the IL zoning District- Draft Resolution No. 06-237. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 06- 237, and; upon roll call, motion carried unanimously. 11. GROWTH MANAGEMENT Petition of Nick Bishop for Major Site Plan Approval for the project to be known as Treasure Coast Lexus for property located at 5121 S. U.S. Highway 1 in the CG Zoning District- Draft Resolution No. 06-239 subject to the 10 limiting conditions.- Consider staff recommendation to approve Draft Resolution No. 06-239 subject to the 10 limiting conditions. 7 Mr. Mark Mathis, Culpepper & Terpening, addressed the Board and advised them they would be making minor modification to condition number 8 to preserve additional trees on site. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. 12. ADMINISTRATION Relocation of the Taylor Creek Temporary Spoil Site- Consider staff recommendation to continue with the evaluation of the relocation of the Taylor Creek Spoil Site to potential sites and develop the necessary specifications to bid the dismantling of the existing spoil site. Staff also recommends sending a letter to Mr. Bell notifying him that the county will be dismantling the existing site on his property. The Public Works Director advised the Board they had reviewed a fairly extensive evaluation of many sites and in the end the port property was the best choice whether it be Harbour Pointe or the Bell property. The property was previously dredge material and as a result of the material the actual sand that is there would be the least impacted by any dredging operations and this was also the opinion of the regulatory agencies. The DEP, Army Corps of Engineers and Water Management District, they spoke favorably towards use the port property. He stated they can go back and revisit the other properties once again. It was moved by Com/ Lewis, seconded by Com. Hutchinson, to send a letter to Mr. Bell as recommended by staff and to further review an appropriate location for the spoil site, 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 8