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HomeMy WebLinkAboutBOCC Minutes 12-05-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 5, 2006 Convened: 6:00 p.m. Adjourned: 9:50 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Charles Grande, Doug Coward Others : Doug Anderson County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Heather Young, Asst. County Attorney, Don West, Public Works Director, Neil Appel, Purchasing Director, Dennis Wetzel, IT Director, Robert Nix, Growth Management Director, Mike Pawley, County Engineer, Mark Godwin, Criminal Justice Coordinator, Leo Cordeiro, Solid Waste Director, Mille Delgado-Feliciano, Deputy Clerk ________________________________________________________________________ 1.MINUTES It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held November 28, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATION None 3.PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the refurbishing of the Spur Jetty. He felt the walkway was not stable enough and also addressed the Homeland Security office he visited and the misdirection given. Mr. Bill Blazak, Culpepper and Terpening addressed item C-3-C and advised the Board of his disappointment with regards to the ranking of the firms. His firm was deducted points. He also pointed out most of the firms on the list were not local firms. The Purchasing Director advised the Board the evaluation of the firms was done according to Florida Statutes. Mr. Blazak requested the item be pulled until a discussion could be held on the ranking of the firms. Staff concurred in pulling this item. Ms. Bobbi Conte, area resident, addressed the Board regarding FPL’s attempt to place a coal plant in Glades County. She asked the Board to send a letter to Lee and Henry County Commissioners regarding this project stating the county’s position. It was moved by Com. Coward, seconded by Com. Grande, to direct staff to send the letter as requested by Ms. Conte to Lee and Henry County Commissioners, and; upon roll call, motion carried unanimously. 4.CONSENT AGENDA 1 It was moved by Com. Smith, seconded by Com. Coward, to approve the Consent Agenda, with item C-3-C being pulled and to include CA-1 and 2, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No.9. 2.COUNTY ATTORNEY A.Extension of Declaration of State of Local Emergency- Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the declaration. B.Palm Lake- Facilities Use Agreement with Wave Blasters of Florida Model Boat Club - The Board approved the proposed Facilities Use Agreement with Wave Blasters of Florida for use of Palm Lake, and authorized the Chairman to sign the agreement. C.Donation of Right of Way- Xenon, S.A. a Switzerland Corporation- 9 feet of Prima Vista Blvd. Resolution No. 06-375- The Board accepted the Warranty Deed, authorized the Chairman to sign Resolution No. 06-375 and directed staff to record the documents in the Public Records of St. Lucie County. D.Florida Communities Trust- Hackberry Hammock/FCT Project 05-069- Option Agreement for Sale and Purchase Riverview Developers, LC and Royal Professional Builders, Inc.- Part of Tax I.D. No. 3232-211-0001-000/7- The Board approved the Option Agreement for the donated parcel authorized the Chairman to execute the Option Agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie county, Florida. E.Resolution No. 06-376- Authorizing the creation of the Space Needs Advisory Ad Hoc committee an providing for duties and functions of the Committee- The Board approved Resolution No. 06-376. 3.PUBLIC WORKS A.US 1 and Indrio Road Intersection Improvements- First Amendment to Work Authorization No. 2 with LBFH, Inc., - The Board approved the First Amendment to Work Authorization No. 2 with LBFH, Inc., for US1 and Indrio Road Intersection Improvements, for a time extension in which all work shall be completed on or before June 1, 2007. There will be no change to the contract amount and authorized the Chairman to sign. B. Accept the project, release retainage and provide for final payment- The Board accepted the project, released the retainage in the amount of $21,747.00 and provided final payment to contract # C06-02-141 in the amount of $21,359.50( deducting for failed laboratory test and overtime in the amount of $387.50) to Ferreira Construction Co., Inc., for the construction of the Hidden River Estates Emergency Repair project. C. Award of RFP No. 07-004 Continuing Services Contract for Utility Design This item was pulled. 4.AIRPORT A.Budget Resolution No. 06-331 for the Florida Department of Transportation Joint Participation Agreement.- The Board approved Budget Resolution No. 06-331 for the FDOT grant in the amount of $227,000 with a local match of $57,000 for a total cost of $284,000 for the taxiway Shoulder and Drainage 2 project at the St. Lucie County International Airport and authorized the Chair or designee execute the same. B.Kimley Horn Work Authorization to survey and provide legal descriptions- The Board approved Kimley Horn Work Authorization for $11,600 to survey and provide legal descriptions for the Air Charter of Florida, Inc.. d/b/a/ Jet Service Center at the St. Lucie County International Airport and authorized the Chair or designee to execute the same. 5.PURCHASING A.First Amendment to Contract C06-10-585 with Interstate Express, Inc., for th Courier Services for the 19 District Court System- The Board approved the First Amendment to the contract with Interstate Express, Inc., to increase the daily rate $20.00 and authorized the Chairman to sign the contract amendment as prepared by the County Attorney. B.Fixed Asset Inventory – Property Record Removal- BOCC Departments- The Board approved removing the records from the fixed asset inventory of the BOCC. C.Fixed Asset Inventory – Property Record Removal- SLC Clerk of Courts- The Board approved removing the records from the fixed asset inventory of the Clerk of Courts. D.Fixed Asset Inventory- Property Record Removal- SLC Health Department- The Board approved removing the records from the fixed asset inventory of the SLC BOCC. E.Fixed Asset Inventory Property Record Removal- SLC Property Appraiser- The Board approved removing the records from the fixed asset inventory of the BOCC F.Fixed Asset Inventory Property Record Removal- SLC Supervisor of Elections- The Board approved removing the records from the fixed asset inventory of the BOCC G.Fixed Asset Inventory- Property Record Removal- SLC Tax Collector- The Board approved removing the records from the fixed asset inventory of the BOCC. H.Award of Bid No. 07-015 Tradition Field American Disability Act (ADA) Compliance- The Board approved awarding Bid No. 07-015 – Tradition Field ADA Compliance to the low bidder, Hennis Construction for the total amount of $367,910.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. 6.INVESTMENT FOR THE FUTURE Manufactures Product Care (MPC) Installation of Protect All Specialty Flooring/Rock Road Jail- The Board approved the correction of cost in the amount of $43,052.00 for floor installation by MPC as shown in the recommendation by staff to the Board on November 14, 2006 item No C17 to include the addition of cost for the floor preparation that will not exceed $3,719.00 The new total cost for floor prep (not to exceed $3,719) and installation ($43,052.00 ) will be $46,771.00. 7.CENTRAL SERVICES Millennium Marble Tile, Inc. Contract No. C06-10-567 Release of retainage- Courthouse Annex Removal of lower row granite façade panels that are mechanically fastened, and if required, corrections, adjustments and or repair to upper panel anchoring 3 system- The Board approved release of retainage in the amount of $8,975.70 to Millennium Marble Tile for the Courthouse Annex granite façade project. 8.GRANTS A.The Board approved the submittal of a preliminary grant application to the Department of Justice for funding to assist in the implementation of a Mental Health Court in St. Lucie County. The award amount would not exceed $250,000 with a match no larger than $50,000 including in-kind services. B.The Board approved the submittal of the grant application to Cargill, Inc., for funding of no more than $60,000 to be used toward the development and construction of a $132,000 educational exhibit at the Oxbow Eco-Center and acceptance of the grant if awarded. C.The Board approved the submittal of a grant application to the American Library Association, Association for Library Service to Children, Summer Reading Program requesting $3,000 to further the Waggin’ Tales program to provide a summer reading and literacy program for children. 9.CULTURAL AFFAIRS Authorize the serving of beer- The Board approved serving beer and wine at the St. Lucie County Marine Center for the St. Andrew’s School Christmas Party to be held the evening of December 9, 2006. 10.INFORMATION TECHNOLOGY Request for board approval for MGT of America to provide an update- The Board approved the request for the consultant to conduct a study of the IT Department and sign the proposal agreement in the amount of $61,518.00. ADDITIONS CA-1- COMMISSIONER GRANDE- The Board ratified Com. Grande’s appointments as follows: Board of Adjustment: Bob Bangert Citizen’s Budget Advisory Committee: Craig Mundt Contractors Certification Board: Art Allen Code Enforcement Board: Margaret “Peggy” Monahan Public Art & Design Committee: Earl Little Tourist Development Council: Pamela Haney CA-2. SOLID WASTE The Board approved purchasing one fuel truck from Fontaine Truck Equipment Company in the amount of $127,589 under an emergency purchase. REGULAR AGENDA 5.A COUNTY ATTORNEY (0:16:35) Second Reading of Ordinance No. 06-045- Amend Historic Preservation and Historical Commission Ordinances- Consider staff recommendation to adopt Ordinance No. 06- 045. It was moved by Com. Lewis, seconded by Com. Smith, to approve Ordinance No. 06- 045, and; upon roll call, motion carried unanimously. 4 5.B COUNTY ATTORNEY (0:18:19) Ordinance No. 06-051- All Terrain Vehicle Operation on Unpaved Roadways- Consider staff recommendation to adopt proposed Ordinance No. 06-051. Mr. Sean Webb, area resident, addressed the Board regarding the need for a park for the All Terrain vehicles. Com. Coward stated the county needed a private sector person to come with such a facility. Mr. Webb stated most of the land is being sold to developers and asked what happened to the property at the airport. Com. Craft asked Mr. Webb to schedule an appointment with his office so that they can discuss this issue further. Com. Grande stated he concurred with staff simply because he felt it should be handled at the local level. He felt the county should opt out of the state ordinance and proceed at the local level. Com. Craft stated he would be reluctantly supporting this issue due to the fact the felt the state was attempting to push this down the county’s throat. Com. Craft stated he would support this issue simply because there was a safety issue at this point. It was moved by Com. Coward, seconded by Com. Lewis, to approve Ordinance No. 06- 051, and; upon roll call, motion carried unanimously. 5.C COUNTY ATTORNEY (0:29:28) Petition for Abandonment- Petition to abandon a 12 foot Utility Easement in Lexington Square between lots 16 and 17- Resolution No. 06-341- Consider staff recommendation to approve Resolution No. 06-341 instruct staff to publish the Final Notice of Abandonment , record Resolution No. 06-341, Proof of Publication of the Notice of Intent to Abandon, proof of Publication of the notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. It was moved by Com. Coward, seconded by Com. Smith to approve Resolution No. 06- 341, and; upon roll call, motion carried unanimously. 5.D COUNTY ATTORNEY (0:33:07) Petition to Exchange- Exchange a portion of Gordy Road for property associated with the pending DRI application of Provences- Resolution No. 06-342- Consider staff recommendation to continue the Public Hearing to December 19, 2006 at 6:00 p.m. or as soon thereafter as possible. Mr. Dennis Murphy, Culpepper & Terpening advised the Board they have no objection to continue this hearing. It was moved by Com. Grande, seconded by Com. Coward, to continue this hearing on December 19, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT ( 0:35:07) Draft Resolution No. 06-298- Consider staff recommendation to approve Resolution No. 06-298 granting the Board of County Commissioners request for a change in zoning from 5 RS-2 zoning district to AR-1 for 29 lots in the area south of Peterson Road on both sides of Bennett Road. The Planning Manger advised the Board there are a number of lots that are less than an acre and changing them to AR-1 would make them non-conforming, he suggested not rezoning those 9 lots. Staff recommends the Board approve the change in zoning for the remaining 29 lots. It was moved by Com. Grande, seconded by Com. Lewis to approve staff recommendation and approve Resolution No. 06-298, and; upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT (0:38:41) Petition of Johnston Road Development Group, LLC for a Development Agreement for the project to be known as Rocking Horse Ranch located at the southwest corner of the intersection of Johnston Road and the Indian River County line- Consider staff recommendation to adopt DVA 06-002. Mr. Mark Brackett, representing the developers, addressed the Board on this issue and stated he felt there were discrepancies in the developers agreement. He expressed conc4ern with the language regarding the $450,000 improvements and the impact fee credits in the same amount. If the intention is to give them a reimbursement, they would like it clarified in the developers agreement and if the costs are more then the credit reflect the same. The County Attorney clarified the reimbursement and credit process. He also stated he would prefer the language to say regarding the possible additional costs to say $450,000 or actual cost of the intersection whichever is more, and in paragraph 4, regarding the appropriate credit to read the same. Com. Grande suggested the language, “$450,000 or the actual cost”. Mr. Brackett stated he felt item 7 was ambiguous if it states “if the Board determines it is eligible for credits”. The County Attorney addressed the right of way dedication and stated it may be eligible for credits as well and this language pertains to this issue. Mr. Brackett questioned the time certain element of the improvements. The County Attorney stated the agreement stated the improvements would need to be completed within 365 days of the agreement. He stated, the County Engineer stated he would like to see the improvements completed and he did not believe they would be exercising the option of either the time limit or a cash payment or bond as per the County Engineer’s request. The County Attorney stated they would like to see the improvements done before a Certificate of Occupancy is given. Mr. Brackett stated he felt if the development did not move forward the improvements should not be made. The County Engineer stated his desire was to get some assurance the improvements would be made by the developer. If there is a question as to whether or not the development will move forward then a bond or a cash payment may be the way to go. Mr. Brackett gave a history of the project which has been in existence before the TVC was approved. 6 The County Attorney advised the Board of when this issue came before the Board. The PUD was approved in 2005 and then the first public hearing was held and now this is the second. Com. Coward stated he recalled this project coming through at the time of the Stop Gap Ordinance, being exempted and was allowed to proceed. Com. Lewis asked if this could be amended to include the County Engineer’s suggestion. The County Engineer stated his department would like for the developer to be required to do the improvements or post as bond that would be reimbursed if the project was completed within the 365 days. As referenced in the development order. The County Attorney stated it seemed the County Engineer was requesting the improvements be made as well as a bond be posted to make sure the improvements are made as required in the development order. Com. Lewis stated she does not recall any agreement stating the requirement of 365 days for completion of the improvements in fairness she has a concern in having a developer owe the county the roadway if the subdivision is not built. The County Engineer stated this is the first time he has seen this type of a requirement normally a bond is required to assure the needs are met. The Growth Management Director stated the basic code requirement states that 11.03.02 of the Land Development Code states before a subdivision plat is recorded the improvements must be constructed and approved by the County Engineer or they must be bonded. Mr. Backett stated he did not have a problem with this since he would not record the plat if he was not going to build the subdivision. The County Attorney stated he believed if this was the case, a developer’s agreement would not be required a condition can be added to the approval stating they would require a road to be built prior to the Certificate of Occupancy and also provide a bond prior to plat approval. The County Attorney at this time withdrew this item. 5.G GROWTH MANAGEMENT (1:11:25) Petition of Johnston Road Development Group, LLC for a change in zoning from AG-1 to PUD zoning district and Final Planned Development Site Plan Approval for the project known as Rocking Horse Ranch – Draft Resolution No. 06-300- Consider staff recommendation to adopt Resolution No. 06-300 subject to 15 limiting conditions of approval with the added condition as noted. It was moved by Com. Grande, seconded by Com. Smith to approve staff recommendation subject to the 15 conditions and to include the added condition as stated by the County Attorney (requirement of the intersection improvements to be built prior to the issuance of a Certificate of Occupancy and also provide a bond prior to plat approval in form agreed to by the County Engineer and the County Attorney, also adding the provision of road impact fee credits for those types of improvements and with regards to the dedication of right of way a condition with the option of giving possible impact fee credits, and; upon roll call, motion carried unanimously. 5.H COUNTY ATTORNEY Ordinance No. 06-021- Amending Chapter 1-13.8 Noise Control – Consider staff recommendation to adopt proposed Ordinance No. 06-021 as drafted. 7 Professor Daniel Hess was present to address any questions the Board may have on noise levels. The Asst. County Attorney advised the Board of the changes made to the ordinance. Mr. Harry Stewart, Skatetown USA owner addressed the Board on this issue and advised the Board if the noise decibels would be lowered, it may cause him to lose business. He alluded to the many times Code Enforcement and the Sheriff’s office came out to Skatetown and the levels measured which were in compliance with the existing noise ordinance. Com. Smith addressed Mr. Stewart’s comments and advised him the county is not trying to close his business down but find a level where everyone can be comfortable. He advised Mr. Stewart he had visited Mr. Humphrey’s home and his window did in fact rattle to the base of the music played at Skatetown. Mr. Craig Jones, area resident, addressed the Board in opposition to the noise ordinance and stated he felt the county was punishing one business. Ms. Kerri Rowe, area resident, addressed the Board in favor of the noise ordinance. She stated she would like for the music at Skatetown be lowered. Professor Hess, noise professional addressed the Board and provided various sound level limits. He stated the comfortable levels were 7 am-10 pm , 60 dba and 10pm-7am, 55 dba. Mr. Stewart requested the training to the Code Enforcement officers be done behind his building so he can be advised if he is in compliance. Ms. Andrea Gretch, Lakewood Park resident, addressed the Board in opposition to the ordinance. She felt the noise levels were low outside the building. Ms. Gretch pointed out that Mr. Humphrey’s owns 6 properties in Sandlewood Estates and she cannot imagine why someone who was so bothered by the music would purchase more properties in the same area. She felt the ordinance would affect the business. Mr. Philip Stickles, Port St. Lucie resident, addressed the Board and stated this county needed more entertainment for its residents. Mr. Paul Scholl, area resident, addressed the Board regarding the times permitted for construction and landscaping contractors. Com. Lewis stated she would like to have an update by staff should the ordinance be approved if the problems have been resolved or if the ordinance creates a problem down the road. Com. Grande sated he did not believe the ordinance would put Skatetown out of business. It was moved by Com. Smith, seconded by Com. Grande, to approve Ordinance No. 06- 021 as amended, and; upon roll call, motion carried unanimously. 5.I GROWTH MANAGEMENT Proposed Amendment to Chapter 5, Land Development Code, Concurrency Management, adoption hearing- Consider staff recommendation to adopt Ordinance No. 06-047 for adoption by the Board of County Commissioners. The Growth Management Director advised the Board of the changes. A change was made to the term of the Certificate of Capacity from 2 years to 3 years with a one year 8 extension. Also on page 12, line 34 and 35, the 2 year term should read 3 years, page 39 at the bottom also change from 2 years to 3 years, page 41, line 14 also change from 2 years to 3 years. Also, they provided some common law vesting provisions in the ordinance. Mr. Paul Scholl, Indian River Estates, addressed the Board on this issue and stated they needed some lee- way to the process. The Growth Management Director advised the Board this item came from the State Law change in 2005 where proportionate fair share contributions are required. Mr. Jornegan, Economic Development Council, addressed the Board and stated they concur with the need and the intent of the document. He expressed his concern with page 36 of the document item 507G3 line 10 where he felt there was no guarantee the developer would ever get paid back. He asked why they felt there was a need to require the improvements upfront rather than requiring a bond. Mr. Jornegan also questioned page 35, 507G-1, he felt this said the funds paid as a developer for proportionate fair share for facility construction can be utilized for operational improvements rather than the construction itself. He would like this clarified to be understood that if the funds used for operational rather than construction, the developer who paid the fairshare, would be acknowledged to be concurrent. He also questioned what development permit would be needed, is it a county permit, ( on page 34, 5073 ), or a specific permit? He requested the bonding provision be tied to the timing provision as to when the improvement is needed. The Growth Management Director addressed Mr. Jornegan’s questions. He stated the development permit is defined by Florida Statutes. The Land Development Code requirement is you build or bond the improvements before platting. The proportionate share items are from the model code. Page 36, you do not get proportionate shares unless the Board says you do and it must be in the 5 year plan. Mr. Anthony Guettler, attorney for Pine Hollow Subdivision, addressed the Board on the subdivision, the formal agreement and the roadway contribution by the developer. Con. Grande questioned the reason for bringing forward this presentation. Mr. Guettler stated they wished to inform the Board after this ordinance is passed the subdivision is vested and exempted from the provision. It was moved by Com. Grande, seconded by Com. Lewis, to approve Ordinance No. 06- 047 to include the changes as provided by the Growth Management Director, and; upon roll call, motion carried unanimously. 6. ADMINISTRATION Community Budget Issue Request/Legislative Issue Requests- Authorize the County Administrator to submit Community Budget Issue and Legislative Issue request for the following items: Community Budget Issue Requests St. Lucie county Airport ($3,000,000) Legislative Issue Requests State and County Hurricane Cost-Sharing Plan Towns- Village- Countryside Improvement District County Jails Housing State Prisoners State Trust Fund for SHIP and Transportation Disadvantaged Medicaid Nursing Home and Hospital Billings 9 Consider staff recommendation to authorize the County Administrator to submit the CBIR Requests and the five Legislative Issue Requests. Com. Smith commented on the rates paid when inmates are taken to the local hospital. The County Administrator stated he has disputed this issue for a while. The hospital is charging over the Medicaid rate for inmates and he felt this was not fair. This is a state issue. Com. Smith requested this item be added to the legislative requests. It was moved by Com. Grande, seconded by Com. Lewis to approve the requests with the addition, and; upon roll call, motion carried unanimously. 7. ADMINISTRATION Community Budget Issue Request (CBIR) – authorize the County to partner with the Treasure Coast Education and Research Development Authority in submitting the following two CBIRs: Treasure Coast Research and Education Park Office Center ($4,000,000) Relocation of UF/IFAS Field Operations ($7,488,000) Consider staff recommendation to authorize the County to partner with the Treasure Coast Education and Research Development Authority in submitting the two CBIR requests. It was moved by Com. Smith, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY Amended Funding Request regarding New Horizon- Consider staff recommendation to accept the recommendation of New Horizons. It was moved by Com. Smith, seconded by Com. Coward, 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 10