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HomeMy WebLinkAboutBOCC Minutes 12-12-2006 BOARD OF COUNTY COMMISIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 12, 2006 Convened: 9:05 a.m. Tape: 1 Adjourned: 11:30 a.m Commissioners Present: Chris Craft, Chairman; Charles Grande, Joe Smith, Paula Lewis, Doug Coward Others Present: Ray Wazny, Asst. County Administrator; Faye Outlaw, Assistant County Administrator; Dan McIntyre, County Attorney; Heather Young, Assistant County Attorney; Mike Brillhart, Eco. & Strategic Development Director; Debra Brisson, Parks & Recreation Director; Beth Ryder, Community Services Director; Jack Southard, Public Safety Director; Jim David, Mosquito Control Director; Mike Powley, County Engineer; Diana Lewis, Airport Director; Don West, Public Works Director; Ron Harris, Public Works; Don McLam, Project Manager, Central Services; Richard Bouchard, Erosion District Manager; Leo Cordiero, Solid Waste Director; Robert Nix, Growth Management Director; Joanne Riley, Acquisitions Manager; Don Pauley, Road & Bridge Manager; Bill Hoeffner, Director of Grants; C. Badger, Sheriff; Lauri Heistermann, Deputy Clerk MINUTES 1. The Board approved the minutes of the meeting held on December 5, 2006. It was moved be Commissioner Coward and seconded by Commissioner Lewis to approve the Minutes of the meeting held on December 5, 2006; and upon roll call motion carried unanimously. PROCLAMATIONS/PRESENTATIONS 2. A. Resolution No. 06-380- Congratulating Mr. Michael J. Lannon on being named “2007 Florida Superintendent of the Year” and expressing the Board’s appreciation, on behalf of the citizens of St. Lucie County, for a job well done It was moved by Commissioner Lewis and seconded by Commissioner Grande to approve Resolution No. 06-380; and upon roll call motion carried unanimously. Commissioner Smith stated that Mike Lannon is everything that the Resolution states. Commissioner Craft stated that Mr. Lannon has been a leader since the first day he stepped into St. Lucie County. B. Ray Wazny, Assistant County Administrator, announced Mark Godwin as the Employee of the Quarter. GENERAL PUBLIC COMMENT 3. Craig Mundt, North Hutchinson Island, addressed the Board - He commended Mr. Robert Nix. He requested that the public hearing for Grande Beach North Hutchinson Island be continued from December 19, 2006 to sometime in January. Robert Nix stated that the County, pursuant to State Law, gets two plan amendments per year. The date of the adoption hearing determines the year in which the plan amendments occur. If any one of the plan amendments are postponed until January or February, the county would lose cycle 1 of 2007. He stated that if the Board wants to preserve their option for 2 plan amendments next year, the Board would need to set a special meeting to hear these items. Commissioner Craft asked Robert Nix if this was the transmittal hearing for this particular item. Robert Nix, Growth Management Director stated that this is the adoption hearing. He stated that if it is adopted next year, one of the amendment cycles would be lost. Commissioner Craft asked when the first adoption was to occur. 1 Robert Nix. Growth Management Director stated in the middle of 2007. Commissioner Smith asked Robert Nix if the County has cycle I in about August and a clean up at the end of the year. Robert Nix, Growth Management Director stated that it takes anywhere from 6 – 9 months to get a plan amendment through the entire cycle. Advertising starts at the end of December, early January for individuals to start submitting their amendments for Cycle I of 2007. The hearing process would start about 60 days after that with the Planning & Zoning Commission. It would then be adopted around the end of the summer or early fall. Commissioner Grande asked if it was possible that it could go as part of the normally planned Cycle I of next year. He stated that he understood that it would mean somewhat of a delay in filing. Robert Nix, Growth Management Director stated that it would be up to the Board. Commissioner Grande stated that a possibility is that it does not need to be Cycle I of next year and therefore the County would not need to lose a cycle if it is put in with the normal cycle I for next year. Robert Nix, Growth Management Director stated yes. Commissioner Lewis stated that the applicant could be spoken to, but since this particular project has been through the process twice already, she stated she did not feel it was fair to hold off until the middle of next year. She stated that it needs to move forward. Robert Nix, Growth Management Director stated that if the Board wished to hold a special meeting in last week of December, it could be postponed and staff would look at the notice issue. The other alternative would be to eliminate on of the amendments for next year or as Commissioner Grande suggested, put it into the amendment cycle. Dan McIntyre, County Attorney stated that since it had been advertised and the applicant is not present, if the Board was to do anything, it should be done on December 19, 2006. This would give the applicant and any other member of the public an opportunity to speak. This will have an affect on the application. If it postponed until next year it would probably be sometime in the summer. He recommended letting the applicant present something to the Board. Commissioner Lewis asked that once it is brought up on December 19, 2006, as noticed, if there were further notice requirements. Dan McIntyre, County Attorney stated that it could be continued to a time and date certain as long as it is inside the year or it could be indicated that the Board is not comfortable in proceeding in this years cycle. Commissioner Craft asked how many amendments were on this. Robert Nix, Growth Management Director stated 3. Commissioner Craft asked that when the Board makes the motion to move this forward, would this affect all of the amendments. Robert Nix, Growth Management Director stated that the Board could handle it any way that they wished, but this is the only amendment in question. Commissioner Craft asked if staff recommendation would be to deal with this on December 19, 2006 and speak with the applicant prior to the meeting. Dan McIntyre, County Attorney stated that they would speak with the applicant and look at the notice issue. He stated that staff would try to present some options to the Board on December 19, 2006. Commissioner Coward stated that in addition to Grande Beach, there are two other amendments in the cycle. He stated that the Board should not be rescheduling one of the three, it should be done as a package. Commissioner Craft concurred. He directed staff to contact the three applicants to find out if there is a date that would work for everyone. 2 Robert Nix, Growth Management Director stated that he would contact the Board to let them know what the amendments are. Annette Miller – Chairman, Board of Directors, Humane Society addressed the Board. She informed the Board that the Humane Society had hired a new Executive Director. She gave the Board a brief outline of his background and experience. She stated that Fort Pierce and St. Lucie County are reviewing the interlocal agreement, which involves Heathcote Botanical Gardens and the Humane Society of St. Lucie County. If this goes through fruition, the Humane Society would have to be relocated. She stated that they are in favor of the agreement. She informed the Board that the Humane Society takes in 9,000 dogs and cats each year and over 50% are euthanized. The problem indicates a need for a comprehensive spay/neuter program. Licensing and registration is recognized nationwide as a solution to encourage spaying and neutering. She stated that registration did not solve the problem, there must be key components in place. One of them is the ability to offer low cost spay/neuter programs to low income members of the community. In February 2006, they opened the surgical center at the shelter. At this time they are only spaying and neutering adoptable animals. Commissioner Coward stated that he is pleased that a new staff member has been brought on board. He stated that he is in support of the animal licensure. He requested that the animal licensure issue be finalized and brought back to the Board for a policy decision. He stated that he also agrees with the surgical center and the spay and neuter program. He stated that with the bulging dog and cat problem, the solution is not building a bigger shelter. He stated that the issue is to go to the root of the problem, which is the spay and neuter component. He stated that they are not making the progress that he would like to see. He stated that he would like to see the animal licensure issue expedited and brought back. Commissioner Grande concurred with Commissioner Coward. Dan McIntyre, County Attorney stated that the Board had carry over from December 11, 2006 public hearing. He stated that this is a rescheduling item. Dan McIntyre stated that the Board had a hearing on the Reserve, the Board continued the meeting until today at 9:00 a.m., with the idea of rescheduling the hearing to a future time and date certain. In speaking with the Attorney’s for Kolter and the County’s outside council, what is being proposed is a date during the week of January 8, 2007. It was the consensus of the Board to continue this public hearing on January 17, 2007 at 6:00 p.m. It was moved by Commissioner Coward, seconded by Commissioner Grande to continue the Reserve public hearing to January 17, 2007 at 6:00 p.m. and upon roll call motion carried unanimously. CONSENT AGENDA 4. Commissioner Smith pulled C7L for separate discussion. He stated that the Board had been looking at roads that have not yet been paved within the Urban Services Boundaries, Don Pauley, Road and Bridge Manager addressed the Board. He informed the Board that they would be using Florida Highway Products to finish up the final leg of phase I of Paradise Park road stormwater project. Commissioner Smith asked when this would occur. Don Pauley, Road and Bridge Manager stated that if the Board approves this today they are projecting to start the project right after the first of the year. Commissioner Granded pulled C7J for separate discussion. He asked Commissioner Craft if this was information that he would need for his trip to Tallahassee. Don West, Public Works Director stated that it is a contract with Taylor Engineering. They are to provide testimony, if the County needs it, in Tallahassee at the cabinet meetings. They have also, in the past, provided some seagrass surveys of the port area. Commissioner Craft asked if these were the same individuals that had went to Tallahassee with him in the past. Don West, Public Works Director stated yes. 3 It was moved by Commissioner Smith, seconded by Commissioner Coward to approve the Consent Agenda; and upon roll call motion carried unanimously. PUBLIC HEARINGS PUBLIC WORKS 5A-5R Eighteen (18) Public Hearings – Stating the County’s Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments levied by the Airport Industrial Park, Atlantic Beach Boulevard, Canoe Creek, Garrison Lane, Harmony Heights, Indian River Estates, Kings/Indrio, Lake Drive, Lakewood Park 2, Lakewood Park 3, Navajo Avenue South, North Lennard Road 1, North Lennard Road 2, North Lennard Road 3, Rainbow Drive, South Hutchinson Island Beach Restoration, Sunland nd Gardens Phase 2, and West 2 Street Municipal Services Benefit Units - The Board approved staff recommendation to adopt the following eighteen (18) resolutions stating the County’s intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units: Barbara Guettler, MSBU Assistant addressed the Board. She stated that one of the funding methods available for Municipal Service Benefit Units is through non-ad valorem special assessments levied on properties within an MSBU. In order to preserve the funding option it is necessary for the Board to adopt resolutions for each of the proposed MSBU projects at a dually advertised public hearing held st prior to January 1 of each calendar year. The resolutions do not obligate the County to levy these Special Assessments, they simply preserve the County’s option to use the uniform method of collection if a Special Assessment is levied. Other public hearings are held to create the MSBU’s and to levy the assessments. The resolutions that are before the Board satisfy the legal requirements necessary to preserve this funding option. 5-A Resolution Number 06-353 Airport Industrial Park It was moved by Commissioner Coward, seconded by Commissioner Lewis to approve resolution number 06-353; and upon roll call motion carried unanimously. 5-B Resolution Number 06-354 Atlantic Beach Boulevard It was moved by Commissioner Smith, seconded by Commissioner Grande to approve resolution number 06-354; and upon roll call motion carried unanimously. 5-C Resolution Number 06-355 Canoe Creek It was moved by Commissioner Lewis, seconded by Commissioner Smith to approve resolution number 06-355; and upon roll call motion carried unanimously. 5-D Resolution Number 06-356 Garrison Lane It was moved by Commissioner Coward, seconded by Commissioner Grande to approve resolution number 06-356; and upon roll call motion carried unanimously. 5-E Resolution Number 06-357 Harmony Heights It was moved by Commissioner Smith, seconded by Commissioner Lewis to approve resolution number 06-357; and upon roll call motion carried unanimously. 5-F Resolution Number 06-358 Indian River Estates It was moved by Commissioner Grande, seconded by Commissioner Lewis to approve resolution number 06-358; and upon roll call motion carried unanimously. 5-G Resolution Number 06-359 Kings/Indrio It was moved by Commissioner Lewis, seconded by Commissioner Coward to approve resolution number 06-359; and upon roll call motion carried unanimously. 5-H Resolution Number 06-360 Lake Drive It was moved by Commissioner Smith, seconded by Commissioner Coward to approve resolution number 06-360; and upon roll call motion carried unanimously. 5-I Resolution Number 06-361 Lakewood Park 2 It was moved by Commissioner Lewis, seconded by Commissioner Coward to approve resolution number 06-361; and upon roll call motion carried unanimously. 4 5-J Resolution Number 06-362 Lakewood Park 3 It was moved by Commissioner Smith, seconded by Commissioner Lewis to approve resolution number 06-362; and upon roll call motion carried unanimously. 5-K Resolution Number 06-363 Navajo Avenue South It was moved by Commissioner Smith, Seconded by Commissioner Lewis to approve resolution number 06-363; and upon roll call motion carried unanimously. 5-L Resolution Number 06-364 North Lennard Road 1 It was moved by Commissioner Coward, seconded by Commissioner Lewis to approve resolution number 06-364; and upon roll call motion carried unanimously. 5-M Resolution Number 06-365 North Lennard Road 2 It was moved by Commissioner Lewis, seconded by Commissioner Grande to approve resolution number 06-365; and upon roll call motion carried unanimously. 5-N Resolution Number 06-366 North Lennard Road 3 It was moved by Commissioner Grande, seconded by Commissioner Smith to approve resolution number 06-366; and upon roll call motion carried unanimously. 5-0 Resolution Number 06-367 Rainbow Drive It was moved by Commissioner Coward, seconded by Commissioner Lewis to approve resolution number 06-367; and upon roll call motion carried unanimously. 5-P Resolution Number 06-368 South Hutchinson Island Beach It was moved by Commissioner Lewis, seconded by Commissioner Smith to approve resolution number 06-368; and upon roll call motion carried unanimously. 5-Q Resolution Number 06-369 Sunland Gardens Phase 2 It was moved by Commissioner Grande, seconded by Commissioner Coward to approve resolution number 06-369; and upon roll call motion carried unanimously. nd 5-R Resolution Number 06-370 West 2 Street It was moved by Commissioner Lewis, seconded by Commissioner Grande to approve resolution number 06-370; and upon roll call motion carried unanimously. PUBLIC COMMENT There was no public comment for the above referenced public hearings. END OF PUBLIC HEARINGS 6. ADMINISTRATION Berth 1 Position Letter – The Board approved staff recommendation to approve the letter to the Department of Environmental Protection reaffirming the Board’s position regarding the use of Berth 1 at the Port of Fort Pierce. Ray Wazny, Assistant County Administrator addressed the Board. Commissioner Coward stated that he was in support of sending this letter. He stated that he would like to strengthen the letter. The last paragraph currently reads: the County Commission continues to support the concept of limited cargo, he stated that he did not like the language. He stated that he would like to re-write it to read: the County Commission continues to support the Port Master Plan, which allows for limited cargo. At the end of the sentence it goes onto say provided it is compatible with the remainder of the Port. He stated that if you go back to the policy that deals specifically with the limited cargo, which is the second policy listed, 2.1.2. It has very clear language in the last sentence that say all such uses shall be consistent with the general mix of uses described herein and compatible with adjacent land uses and natural resources. He recommended that the last sentence read as follows: provided that it is compatible with the remainder of the Port and adjacent natural resources as the policy is written. 5 He stated that the next sentence goes on to read: however the site plan submitted and approved by Mr. Bell included cargo, not only at Berth I, but also includes Berth 2. He stated that there needed to be a very clear addition to the sentence that says: and therefore is inconsistent with the approved Master Plan. The very last issue is the fact that the Board had not obtained accurate and detailed environmental assessment. He stated that he wanted some wording incorporated that stated that they want to have accurate and detailed environmental assessments completed. Commissioner Craft stated that this may be outside the scope of review. Commissioner Coward stated that it is not. He stated that the policy specifically talks about the need to address adjacent natural resources. He stated that the Board needs to have accurate and complete information in order for the Board to access whether the policy is not being met. Commissioner Craft stated that he understood that the Board was only to be reviewing the uplands. The application that is before the State is for submerged land lease. Commissioner Coward stated that policy 2.1.2 states that the Board would be considering adjacent land uses and natural resources. He stated that he believed that the Board has the ability to consider the impact on adjacent resources. It was moved by Commissioner Coward, seconded by Commissioner Lewis to modify the letter as stated and approve it for forwarding to DEP and any other state agency; and upon roll call motion carried unanimously. 7. AIRPORT Request approval of Airport Leasing Policy for the St. Lucie County International Airport – The Board approved staff recommendation to approve the Airport Leasing Policy for the St. Lucie County International Airport. Diana Lewis, Airport Director addressed the Board. She stated that the item before the Board is an attempt to deal with a very challenging problem. She stated that it is important that the Board establish some type of policy in order to make the Airport more cost recovery. In an attempt to do this she stated that she prepared a leasing policy based on resources on the internet. The Airport Leasing Policy is an attempt to bring the County into some type of standard. Commissioner Coward requested more detail on the industry standard and what the major changes are in the recommended policy regarding Airport Leasing. Diana Lewis, Airport Director stated that the Leasing Policy establishes the fact that the rental rates will be based on either an appraisal or a market analysis. The other major issue is how the County will establish lease terms. The lease term should be established based on the fact that there are improvements made in the Policy. If the value of improvements to property are less, then the terms should be less and the lease term would go up based on the amount of money invested into the property. Another issue is the fact that, on most occasions, the developments that are put in by tenants get returned to the Airport at some point in time. The other thing that is important in this particular policy is that the County is asking that the tenants maintain the property. It was moved by Commissioner Coward, seconded by Commissioner Lewis to approve the Airport Leasing Policy; and upon roll call motion carried unanimously. 8. ADMINISTRATION Planning & Zoning Commission – Two At-large Appointments – Staff recommended that the Board vote and appoint two at large members from the applications submitted to the Administration office for the Planning & Zoning Commission. The Board appointed Barry Schrader and Brad Culverhouse to the Planning & Zoning Commission. 9. COUNTY ATTORNEY Cloud Grove Stewardship District – Proposed Legislation Dan McIntyre, County Attorney stated that this item relates to a proposed Cloud Grove Stewardship District. He informed the Board that he had provided a copy of a letter dated December 6, 2006, from Victoria Webber, an attorney representing the developers at Cloud Grove. Attached to the memorandum is also a copy of draft legislation, if adopted, would create the Cloud Gove Stewardship District. In accordance with state law the local government, in which the proposed district is located, must adopt a resolution stating that the creation of the proposed district is consistent with the approved local government plans and that the local government has no objection to the creation of the district. This district is located in St. Lucie County with a portion of it being located in Indian River County. He stated that at this time staff has not completed the review of the legislation due to the length of the document. 6 Commissioner Coward asked if the Board would need to hold a public hearing and have the issues brought forward and a resolution considered and potentially approved. Dan McIntyre, County Attorney stated that this is an option. The Board typically would adopt the resolution and hold a public hearing and have public input. He stated that he did not believe that the law required the Board to hold a public hearing. Commissioner Lewis asked if Indian River County had weighed in on this. Dan McIntyre, County Attorney stated that he did not know. He stated that perhaps the applicant could address it. Commissioner Lewis stated that Indian River County had expressed some concern to her about this issue. Commissioner Coward stated that he would like Commissioner Lewis to expand on her comment. Commissioner Lewis stated that when she and Commissioner Grande had attended the Florida Association of Counties policy committee meetings, Indian River County Commissioners indicated that they had concerns. Commissioner Coward stated that his understanding of what the Board was to do, was to discuss procedurally how they were going to move forward with the request. Cynthia Angelos, Attorney on behalf of the developer for Cloud Grove addressed the Board. She stated that they had tried to get this on the Boards agenda earlier in December, because of the procedure required with regards to a local act. She stated that this is a special assessment district covering the Cloud Grove property, which is both in St. Lucie County and Indian River County. There are 6,000 acres in St. Lucie County and 1,400 acres in Indian River County. Chapter 189 of the Florida Statutes requires that the local municipality either submit a letter from the County Administrator indicating no objection, or a resolution from the Board of County Commissioners giving a no objection letter, which states that it is not inconsistent with the Comprehensive Plan. For this reason a public hearing is not required in order for the Board to give such a letter. With regards to Indian River Counties comments, she stated that she had put some calls in to meet with the individual Commissioners. She stated that the Commissioners of Indian River County are willing to meet with her. Procedurally, two thing are important, the St. Lucie Delegation meets on January 4, 2007. The St. Lucie County Delegation votes to put this bill forward to the legislature. She stated that they would like to receive the Board’s resolution of no objection prior to the delegation meeting. Commissioner Craft asked for direction from the Board. He stated that the community needs to have a great deal of input. Commissioner Grande stated that without details, staff review and recommendations and without a presentation on alternatives available to the Special District, he would not be in a position to vote for a no objection at this point in time. Commissioner Smith concurred with Commissioner Grande. He stated that staff usually provides recommendations anytime they deal with Chapter 189. Dan McIntyre, County Attorney stated that usually there would be staff recommendations. Commissioner Smith stated that if it is usual and common practice that the Board hold public hearings for these types of stewardship districts programs, that they stay consistent. He stated if this is not common practice he would not be opposed to holding a workshop. Dan McIntyre, County Attorney stated that what they did on the TVC was held a public workshop. Notices were sent out to the individual planning council, to interested parties and it was advertised in the paper. Commissioner Coward stated that not only did the Board call for a public workshop to educate the community about the Special Assessment District, it is his understanding they would also be bringing it back to the Board at a public hearing for the Board to formally adopt, deny or modify it. Dan McIntyre stated that they were going to bring it back before the Board, but he did not know that the Board had given direction on holding a public hearing. Commissioner Coward stated that it would be brought back as either a public hearing or a regular agenda item, but there would be a public meeting, at which time there would be additional opportunity for public input. Dan McIntyre, County Attorney stated that they were planning on bringing it back before the Board on December 19, 2006. He stated that this would be a regular item and they will be presenting the results of the public workshop that was held. 7 Commissioner Coward stated that he did not feel that they needed to hold both a workshop and a public hearing. He stated that what he felt the Board was asking is that the public have an opportunity to learn more about the details. He stated that he would agree to one single public hearing, but he wants to have a public forum for people to get information and the Board to make an informed decision with staff recommendation. Cynthia Angelos, Attorney on behalf of the developer for Cloud Grove stated that January would be acceptable and still timely enough to be considered by the Legislative Delegation. Commissioner Lewis stated that she would like to hold a public workshop forum. Commissioner Grande stated that he would be hesitant to allow this to be deferred to the County Administrator for a letter of approval. He stated that the letter should come from the Commission. He stated this particular combination, funding with a Stewardship Program, is unusual and what ever policy is established come from the Board. Commissioner Lewis stated that she understood that the County Administrator would write the letter after the Board had come to a conclusion. Commissioner Craft stated that this could be advertised as a special meeting as opposed to a workshop and run it as a workshop, with open discussion. Commissioner Coward stated that this would be fine. Commissioner Craft stated that staff would work out a date and time and provide it to Cynthia Angelos. Commissioner Grande suggested that when a presentation is made, that in addition to the mechanics of the CDD or the stewardship program, he would like alternative funding methodology introduced. 10. GRANTS Interlocal agreement between the City of Fort Pierce, St. Lucie County, and Heathcote Botanical Gardens, Inc. which delineates the financial and administrative responsibilities of the three parties in regard to the Heathcote project and which specifies that the design management and maintenance of lands to be transferred from the City to the County through the Heathcote project shall be executed according to written plans approved by the City of Fort Pierce, Heathcote Botanical Gardens, and St. Lucie County – The Board approved staff recommendation to authorize the Chairman to sign the interlocal agreement if approved by the City of Fort Pierce City Commission and the Board of Directors of Heathcote Botanical Gardens, Inc. Bill Hoeffner, Director of Grants addressed the Board. He stated that representatives from Heathcote Botanical Gardens will be making this presentation. Chris Adams, President of the Board of Trustees for Heathcote Botanical Gardens addressed the Board. She informed the Board that this project consisted of 842 acres, which extend from the Southern end of the Savannas recreation area to the northern end of the Indian Hills Golf Course. The goal of this project is to create a grand park. She stated that what they bring before the Board is a Interlocal Agreement for approval, which will initiate the first phase of the park. She stated that there are three goals to the first phase. The first is to fund and complete the design for the 842 acre park, to establish a blueprint. The second goal is to expand Heathcote Botanical Gardens from its current 5 acre site into the western 1/3 of the Ft. Pierce Public Works compound. The third goal is to plan for the second phase. The first phase does not involve any of the City of Fort Pierce Public Works buildings. The second phase will involve the relocation of the Humane Society and the Solid Waste facilities in the City of Fort Pierce. Phase two will be more difficult than phase one. She stated that there best estimate is that phase one would be completed within 5 years. Ed Hayslip, Member of the Board of Trustees addressed the Board. He stated that phase one would involve acquisition by the County of approximately 69 acres, which is owned by the City of Fort Pierce. The lands include a 17 acre stormwater lake, approximately the western 1/3 of the Fort Pierce Public Works compound. The 69 acres would be acquired with a 4.19 million grant from the Florida Communities Trust and a donation of the land by the City. The Interlocal Agreement requires that the 4.1 million received by the City, would only be spent on improvement. Heathcote Botanical Gardens is contracting with EDOL Elective Design and Thomas Lucido Associates for the design of phase one. Dr. Doug Warrens addressed the Board. He outlined his credentials. He informed the Board that they have come up with two fund raising plans, that have been initiated. One is the operational side for staff and infrastructure. The second is the capital campaign. Commissioner Coward stated that he is pleased that the partnership is evolving. He stated that he is excited with the vision that was laid out. He asked if there would be any other entities that would be appropriately located here. He asked if Heathcote would have any objection to the Board looking at working with other organizations to incorporate them into this concept. 8 Ed Hayslip stated that they would not say no to anything at this point. Commissioner Grande stated that there was a coordinated effort involving the Humane Society, who will be impacted at least in phase two. He stated that the presentation given this morning by the Humane Society indicated how important the spay and neuter program was. It is important to keep the funding for their operational endeavors. He asked if the Humane Society is in the position to obtain the capital costs, since they will be relocating or would they be looking a future funding from a municipal source. Bill Hoeffner, Director of Grants stated that if you look at the interlocal agreement, you will see the 4.19 million that is to be received by the City of Fort Pierce is to be utilized only for improvements associated with the Heathcote Park. This includes replacement or construction of any new buildings that might be necessary, which would include the Humane Society. Commissioner Coward asked if the conceptual plan in front of the Board, is the final design which would be submitted as a part of the management plan to FCT and therefore lock the County in as the uses allowed. Bill Hoeffner, Director of Grants stated that the conceptual plan before the Board is one that will be submitted to Florida Communities Trust. This has not been approved yet. He stated that FCT will allow amendments to management plans. Commissioner Coward asked when the management plan needed to be finalized. Bill Hoeffner, Director of Grants stated that it had already been submitted to FCT for their initial review. He stated that he believed it needed to be approved within 6 months after acquisition. Commissioner Coward asked that in phase two, when would the County begin any type of conceptual plan for expanded acreage. Ed Hayslip stated that in phase two and phase three would be the area that would be open for these types of places. He showed the Board a map of phase two lands. It was moved by Commissioner Coward, seconded by Commissioner Lewis to approve the Interlocal agreement between the City of Fort Pierce, St. Lucie County, and Heathcote Botanical Gardens Inc.; and upon roll call motion carried unanimously. Commissioner Smith was absent from this vote. 11. ADMINISTRATION Geoplasma Letter of Intent – The Board approved staff recommendation to accept the non-binding letter of intent from Geoplasma which reflects Geoplasma’s understanding about the concepts that are being considered by the parties to permit, finance, construct, operate and own a Plasma Arc Gasification Facility at the St. Lucie County Landfill. Ray Wazny, Assistant County Administrator stated that this item was discussed at a Board workshop. Commissioner Coward stated that he was in support of the letter of intent. He voiced his concerns regarding the liability language, which was discussed at the workshop. He also had concerns regarding the 3 thousand tons per day. He stated that he did not want to have to ask taxpayers to pay Geoplasma because the County can not supply 3 thousand tons. He stated that he would like to have other options available in the event the County can not supply 3 thousand tons. He stated that he would like an option written that the County could potentially work with neighbors instead of paying Geoplasma. Commissioner Craft stated that one of the concerns is that Geoplasma needs to have the fuel source guaranteed. Commissioner Coward stated that this is a non-binding letter of intent, with attached conceptual terms and conditions. He stated that he is trying to identify issues that he would like the Board to further explore. He stated that he would like minimize or eliminate any potential liability. Commissioner Grande stated that he intended to support this. Hilbert Hilstead, President of Geoplasma addressed the Board. He stated that they would welcome the opportunity to expand the area to minimize any pay component due to the deficiency of garbage. Commissioner Lewis stated that looking at the landfill she finds it hard to imagine that the County would not be able to provide the required tonnage. 9 Dan McIntyre stated that what he believed Commissioner Coward was trying to do was to identify his concern about having to pay and offer a potential solution, which he would like investigated before the development agreements comes back to the Board and possibly some discussion with Martin or Indian River County about their willingness and ability to provide additional garbage. He stated that this would not involve any pledge of ad valorem taxes. It is going to have to have a designated funding source so that taxpayers would not be at risk. Commissioner Coward stated that he was not advocating that this be turned into a regional facility. He stated that currently there are provisions in the conceptual agreement that say in the unlikely event that the county can not meet the 3 thousand tons per day requirement, then the governmental entity is responsible to pay. He stated that he was not comfortable with this. He stated that he would like to incorporate language, in the event this occurred, that states the County has the ability to look at other sources. Commissioner Grande stated that the paying question is not fully resolved at this time. Commissioner Coward stated that in addition to the public benefit, related to the removal of the existing landfill, he hoped that the County could maximize the potential public benefit as it relates to sharing in the revenue that will be generated. He would like the Board to be able to consider additional benefits to local residents. Commissioner Craft stated that the electricity side of this model is the lowest pro forma that Geoplasma has. It was moved by Commissioner Lewis, seconded by Commissioner Coward to approve the Geoplasma Letter of Intent; and upon roll call motion carried unanimously. Commissioner Smith was absent from this vote. Commissioner Lewis asked that procedures be adopted for legal proceedings, such as the proceedings that transpired during the Reserve Public Hearing meeting of December 11, 2006. CONSENT AGENDA 1. WARRANTS Approve warrant list No 10. 2. COUNTY ATTORNEY A. Interlocal Agreement with the City of Fort Pierce and the Fort Pierce Redevelopment Agency – Orange Avenue Post Office Museum Facility – The Board approved staff recommendation to approve the Orange Avenue Post Office Museum Interlocal Agreement and authorize the Chairman to sign. B. Interlocal Agreement with Nineteenth Circuit to be the Fiscal Agent for Grant from Department from Department of Juvenile Justice – The Board approved staff recommendation to approve the Interlocal Agreement with the Nineteenth Circuit and authorize the Chairman to sign. C. “After the Fact” Revocable License Agreement – Joy Moore – 250 Bimini Drive – The Board approved staff recommendation to approve the “After the Fact” Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Joy Moore to record the document in the Public Records of St. Lucie County, Florida. D. Ordinance No. 06-052 – Establishing the Sunnyland Farms Community Development District – Permission to Advertise – The Board approved staff recommendation to grant permission to advertise Ordinance No. 06-052. E. Agreement with Kings Highway 1718, LLC to Pay Fee in Lieu of Constructing Concrete Sidewalks – The Board approved staff recommendation to approve the Fee in Lieu of Construction Agreement with Kings Highway 1718 and authorize the Chairman to sign. F. Extension of Declaration of State of Local Emergency – Indian River Drive – The Board approved staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. G. Request Permission to Advertise – Public Hearing – Petition to abandon a portion of Rock Road North of I-95 to Angle Road – The Board approved staff recommendation to authorize staff to advertise a Public Hearing to be held on January 16, 2007 at 6:00 p.m. or a soon thereafter as possible. H. St. Lucie Oaks, L.C. – County Deed – The Board approved Staff recommendation that the Board convey the 24’ to St. Lucie Oaks, L.C., authorize the Chairman to sign the County Deed and direct staff to record the Deed in the Public Records of St. Lucie County, Florida I. Bear Point Mitigation Bank – Credit Purchase Agreement with Tailers’ Cove Development, L.L.C. – The Board approved staff recommendation to approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement, and authorize the Chairman to sign the Agreement upon receipt of the signed originals from the developer. 10 3. GROWTH MANAGEMENT A. Request approval to amend and extend the lease agreement with Clear Channel Outdoor, Inc. from January 1, 2007 to December 31, 2011 for the ten billboard at the landfill – The Board approved staff recommendation to approve the amendment and the extension of the agreement until December 31, 2011 and approve to develop the agreement and authorize the Board Chairman to sign the agreement when completed. B. Request approval of the Economic Development Council Grant for 2006-2007 in the amount of $100,000 – The Board approved staff recommendation to approve the grant for $100,000 and approve to develop the agreement and authorize the Board Chairman to sign the agreement when completed. 4. COMMUNITY SERVICES Authorization of the submittal of a grant application to the Florida Housing Finance Corporation requesting an amount not to exceed $5,000,000 to develop an affordable workforce housing development – The Board approved staff recommendation to authorize the submittal of a grant application to Florida Housing Finance Corporation requesting an amount not to exceed $5,000,000 to develop an affordable workforce housing development. 5. PARKS REFERENDUM Release of Retainage - Recreational Design & Construction, Inc. – Lakewood Park – The Board approved staff recommendation to approve Recreational Design & Construction, Inc.’s (Contract No. C04-07-655) request for payment of application number 18 in the amount of $210,645.63 and approve that no additional retainage be withheld from all subsequent pay application for the remaining work per Section 8.62 of the contract. 6. PARKS AND RECREATION A. Resolution No. 06-320 – Kids Krusade – The Board approved staff recommendation to approve Resolution No. 06-320 allowing Kids Krusade, Inc. to use Dreamland Park as a pick up and drop off location. Authorize the Chairman to sign the Contract B. Fairgrounds Sewer Expansion Project Permit Funding – The Board approved staff recommendation to approve transfer of $1500 into a capital expense account to cover the additional $250 permit fee currently being required by Department of Environmental Protection and to cover any additional unexpected permitting fees that DEP pay require connected to this project. 7. PUBLIC WORKS A. Request for Board Approval of JPA with FDOT for $155,736.00 for project at intersection of Indrio Road and US#1, and approval of Resolution No. 06-379 – The Board approved staff recommendation to approve the JPA in the amount of $155,736.00 with FDOT for the Indrio Road and US #1 Project and approve signature by the Chairman, and approval of Resolution No. 06-379. B. Time Extension on Joint Participation Agreement (JPA) – Port of Fort Pierce Land Acquisition & Planning Study with Florida Department of Transportation (FDOT) and Florida Ports Council (FSTED). FSTED’s contribution is in the amount of $472,000 toward an estimated total project cost of $944,000. This is the first phase of an estimated $4,000,000 road improvement project – The Board approved staff recommendation to approve the attached time extension to Grant nd Agreement with FDOT for 2 Street and Land Acquisition extending the JPA to April 1, 2008, and approve signature by the Chairman. C. Award ofRFP No. 07-004 – Continuing Services Contract for Utility Design Services for MSBU Projects – The Board approved staff recommendation to approve the shortlist, grant permission to negotiate with the six firms: Camp Dresser & McKee, Inc., Kimley-Horn and Associates, Inwood Consulting Engineers, Keith and Schnars, Engineering Design & Construction, and Masteller & Moler and authorize the Chairman to sign the contracts as prepared by the County Attorney. D. Engineering Division -Award of RFP No. 07-002 – Professional Engineering Services for Geotechnical Engineering and Construction Materials Testing – The Board approved staff recommendation to approve the shortlist, grant permission to negotiate with top seven firms: Anderson Andre Consulting Engineers, Inc.; Ardaman & Associates, Inc.; Dunkelberger Engineering & Testing, Inc.; MACTEC Engineering and Consulting, Inc.; Nodarse & Associates, Inc.; Nutting Engineers of Florida, Inc.; and Professional Service Industries, Inc., and authorize the Chairman to sign contracts as prepared by the County Attorney. 11 E. Engineering Division -Change Order No. 3 to the contract with Atlantic Skanska, Inc., for the Gordy Road Recreation Area to include: Item #1 – Additional concrete sidewalk construction and concrete apron at a cost of $2,230.00; Item #2 - Revisions to the landscape plan at a reduced cost of $6,660.00; Item #3 - Time extension of 65 calendar days. Revised completion date will be on or before January 18, 2007. Total contract cost will decrease by $4,370.00 – The Board approved staff recommendation to approve Change Order No. 3 to the contract with Atlantic Skanska, Inc., for the Gordy Road Recreation Area to include: Item #1 – Additional concrete sidewalk and concrete apron at a cost of $2,230.00; Item #2 - Revisions to the landscape plan at a reduced cost of $6,600.00; Item #3 - Time extension of 65 calendar days. Revised completion date will be on or before January 18, 2007. Authorize the Chairman to sign. F. Engineering Division -Award of RFP No. 07-006 – Professional Engineering Services for Bridge Evaluation and Design – The Board approved staff recommendation to approve the shortlist, grant permission to negotiate with the top six firms: H.W. Lochner, Inc.; Infrastructure Engineers; Jenkins & Charland, Inc.; Kimley-Horn and Associates, Inc.; Kisinger Campo & Associates Corporation; and Stanley Consultants, Inc., and authorize the Chairman to sign contracts as prepared by the County Attorney. G. Request Board Approval of Amendment No. 5 to JPA with South Florida Water Management District. Approval will accept the second of three installments of funds in the amount of ($267,000) from Florida Inland Navigation District (FIND) for the Taylor Creek/C25 Dredging and Restoration Project and a time extension from March 1, 2006 to September 1, 2007 – The Board approved staff recommendation to approve Amendment No. 5 to JPA with South Florida Water Management District. Approval will accept second installment of money ($267,000) from Florida Inland Navigation District (FIND) for the Taylor Creek/C25 Dredging and Restoration Project and extension of time from March 1, 2006 to September 1, 2007. H. Road and Bridge Division -Approve Equipment Request (EQ07-295) to replace a 2003 Howard laptop computer (PR# 40-6657) and purchase a new Dell Latitude 820 laptop computer from Dell Computers for $1856.53 – The Board approved staff recommendation to approve Equipment Request (EQ07-295) to replace a Howard Laptop (40-6657) and purchase a new Dell Latitude 820 Laptop Computer from Dell Computers for $1856.53. I. Professional Engineering Services for Geotechnical Testing – Amendment No. 1 to Work Authorization No. 21 with Dunkelberger Engineering & Testing, Inc., to provide soil testing services for Indrio Road/U.S.1 Intersection Improvements – The Board approved staff recommendation to approve Amendment No. 1 to Work Authorization No. 21 with Dunkelberger Engineering & Testing, Inc., in the amount not to exceed $12,500 for soil testing services and for a time extension through June 30, 2007, for Indrio Road/U.S.1 Intersection Improvements, and signature by the Chairman. J. Request approval of Work Authorization No. 7 with Taylor Engineering for Environmental and Engineering Assistance for Berth 4 at the Fort Pierce – The Board approved staff recommendation to approve Work Authorization No. 7 in the amount of, not to exceed, $9,750.00 for Taylor Engineering for Environmental and Engineering Assistance for Berth at the Port of Fort Pierce. K. Lake Drive MSBU - Potable Water Improvements – FPUA Request Permission to Advertise Second Public Hearing – The Board approved staff recommendation to grant permission to advertise the Second Public Hearing to be held on January 16, 2007 at 6:00p.m. or soon thereafter as the matter may be heard. L. Road and Bridge Division -Approve Bid Waiver for Florida Highway Products, Inc. in the amount of $142,337.00 and Authorization to piggyback the City of West Palm Beach’s contract with Florida Highway Products – The Board approved staff recommendation to approve Bid Waiver for Florida Highway Products, Inc. in the amount of $142,337.00 and Authorization to piggyback the City of West Palm Beach’s contract with Florida Highway Products and accept the contract as prepared by the County Attorney. 8. PUBLIC SAFETY A. Five Dell Inspiron 6400 Laptops and Microsoft Office Professional 2007 Approve Budget Amendment BA07-021 and Equipment Request EQ07-293 – (Five Laptops $7,071.20, Five Microsoft Office Professional License $1,462.50, for a total of $8,533.70) – The Board approved staff recommendation to approve Budget Amendment BA07-021 and Equipment Request EQ07-293. B. State of Florida, Domestic Security Federally Funded Sub-grant Agreement #07-DS-3W-10-66- 01-248, approve Budget Resolution No. 06-377 in the amount of $46,633.00 – The Board approved staff recommendation to approve Budget Resolution No. 06-377 in the amount of $46,633.00 to recognize funds that were not anticipated during the adoption of the FY 2006- 2007 Budget. C. Request to approve the purchases of two (2) new computers in the amount $2,556.00 and one (1) Microsoft license in the amount of $1,450.00 – The Board approved staff recommendation to approve the purchase of two (2) new computers in the amount $2,556.00 and one (1) Microsoft license in the amount of $1,450.00 – Budget Amendment BA07-022. 12 9. ADMINISTRATION A. Lease of Space from Peacock University, LLC for Guardian Ad Litem Program – The Board approved staff recommendation to approve the Lease and authorize the Chairman to sign. B. Interlocal Agreement with Guardian Ad Litem Regarding Lease of Facilities – The Board approved staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign. 10. PURCHASING A. First Amendment to Contract C05-11-719 with GLE Associates, Inc. – The Board approved staff recommendation to approve the first amendment to Contract C05-11-719 with GLE Associates, Inc. and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. First Extension to Contract C03-10-625 with Signal Connections, Inc. – The Board appropved staff recommendation to approve the first extension to Contract C03-10-625 with Signal Connections, Inc. and authorize the Chairman to sign the extension as prepared by the County Attorney. C. Award of Bid No. 07-003 – Adams Ranch Equestrian Arena Ventilation Addition – The Board approved staff recommendation to award Bid No. 07-003 (Adams Ranch Arena Ventilation Addition) to Seacoast Air Conditioning in the amount of $239,321.00, approve the contract as drafted by the County Attorney’s office, and authorize the Chairman to sign. 11. CENTRAL SERVICES A. Edlund Dritenbas Binkley Architects & Associates - Amendment No. 1 to Contract No. C03-12- 761 - Courthouse/Clerk of Court Buildings Monumental Stair and Modification of Sally Port Drive – The Board approved staff recommendation to approve Amendment No. 1 to C03-12-761, Edlund Dritenbas Binkley Architects, to change the Construction Phase-Completion Date on the Project Timeline to December 31, 2008, and authorize the Chair to sign the Amendment as prepared by the County Attorney. B. Approve the Establishment of River Park Marina Grant Fund from Florida Inland Navigation District in the Amount of $122,000.00 - Resolution No. 06-378 – The Board approved staff recommendation to approve Resolution Number 06-378 to establish the Florida Inland Navigation District (F.I.N.D.) grant fund in the amount of $122,000.00, to assist with the construction of the River Park Marina project. C. Walton Road Annex-Second Floor Tenant Improvement - Contract C03-02-247 - Work Authorization No. 10 - Amendment No. 2 – The Board approved staff recommendation to approve Amendment No. 2 to Work Authorization No. 10 to Contract C03-02-247, 3CTS Architectural/Engineering Services, to change the completion date to December 29, 2006, for nd the Walton Road Annex Building - 2 Floor Tenant Improvement and authorize the Chair to sign the Amendment as prepared by the County Attorney. D. Purchase two (2) equipment/utility trailers for Central Services Department - Approve Equipment Request CSEQ07-296 & CSEQ07-297 – The Board approved staff recommendation to approve the purchase of two equipment/utility trailers at a cost of $8,400.00 ($4,200.00 each) and approve Equipment Request CSEQ07-296 & CSEQ07-297. 12. INVESTMENT FOR THE FUTURE A. Willo Products Company, Inc. / Contract No. C06-03-269 - Cell door Maintenance at Rock Road Jail Facility - Final Payment and release of retainage – The Board approved staff recommendation to approve final payment in the amount of $15,496.85 and release of retainage in the amount of $10,761.70 to Willo Products Company for cell door maintenance at the Rock Road Jail Facility. B. Award of Bid No. 07-005 – Fairgrounds Sanitary Sewer System Extensions to Ditchdiggers, Inc. – The Board approved staff recommendation to award Bid No. 07-005 to the lowest responsive and responsible bidder, Ditchdiggers, Inc., in the amount of $98,614.76, and authorize the Chairman to sign the contract as prepared by the County Attorney. There being no further business to be brought before the Board, the meeting was adjourned at 11:30 a.m. __________________________________ Chairman _________________________________ Clerk of Circuit Court 13