HomeMy WebLinkAboutBOCC Minutes 12-19-2006
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: December 19, 2006 Convened: 6:00 p.m.
Adjourned: 8:30 p.m.
Commissioners Present: Vice Chairman, Joseph Smith, Paula A. Lewis, Charles Grande,
Doug Coward
Others Present: Faye Outlaw, Asst. County Administrator, Ray Wazny, Asst. County
Administrator, Dan McIntyre, County Attorney, Michael Brillhart, Economic & Strategic
Development Director, Don West, Public Works Director, Beth Ryder, Community
Services Director, Robert Nix, Growth Management Director, Roger Shinn, Central
Services Director, Joanne Riley, Acquisitions Manager, Neil Appel, Purchasing Director,
Millie Delgado-Feliciano, Deputy Clerk
1.MINUTES (01:29)
It was moved by Com. Lewis, seconded by Com. Grande to approve the minutes of the
meeting held December 12, 2006, and; upon roll call, motion carried unanimously.
2.PROCLAMATION/PRESENTATIONS
A.A Presentation was made by the Youth Leadership Council.
B.The Annual Christmas Remembrances by the 4-H Clubs were presented to the
Board.
3.GENERAL PUBLIC COMMENTS
Mr. Richard Allison, Hutchinson Island resident, addressed the Board and presented a
program presently in existence in St. Petersburg, Florida “ N” Team Neighborhood.
The Board advised Mr. Allison of their interest in such a program and stated they would
refer this information to staff.
Mr. John Arena, Ft. Piece resident, addressed the Board regarding heavy equipment
destroying sidewalks in the County, he addressed the geo-plasma facility and the
pollution he felt would be generated from the plant.
Com. Coward suggested a workshop be scheduled with the environmental agencies and
Geo Plasma representative to address concerns.
Com. Grande suggested adding the financing, liability, structure and relationship with the
company be included as an item for discussion during the workshop.
4.CONSENT AGENDA
It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda
with item CA-1 addition, and; upon roll call, motion carried unanimously.
1.WARRANT LIST
The Board approved Warrant List No. 11.
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2.COUNTY ATTORNEY
A.“After the Fact” Revocable License Agreement- David Kerrigan- 1870 Lake
Circle, Ft. Pierce- The Board approved the After the Fact Revocable License
Agreement and directed David Kerrigan to record the document in the Public
Records of St. Lucie county, Florida.
B.Extension of Declaration of State of Local Emergency- Indian River Drive-
The Board approved the Declaration of State of Local Emergency and
authorized the Public Safety Director to sign the declaration.
C.Hurricane Housing Recovery Plan- Revised Agreement with Cortez
Townhomes- The Board approved the revised agreement with Cortez
Townhomes, LLC and authorized the Chairman to sign the agreement.
D.Lakewood Park Regional Park- Capron Trail Park- FPL Utility Easement-
The Board approved the Utility Easement in favor of Florida Power and Light
and authorized the Chairman to execute the Easement and directed staff to
record the Easement in the public records of St. Lucie County, Florida.
E.Revocable License Agreement- Keneco Communities at Port St. Lucie-
Enchantment – The Board approved the Revocable License Agreement and
authorized the Chairman to execute the Agreement and directed Kenco
Communities at Port St. Lucie to record the Agreement in the Public Records
of St. Lucie County, Florida.
F.Ordinance No. 06-053- Establishing the Whispering Oaks of Port St. Lucie
Community Development District- The Board granted permission to
advertise Ordinance No. 06-053.
3.PUBLIC WORKS
A.Midway Road PD & E Study- Second Amendment to the Contract C03-12-
802 with Calvin, Giordano & Associates, In.. for Right of Way Services – The
Board approved the Second Amendment to the contract with Calvin Giordano
& Associates, Inc., in the amount of $30,800.00 for right of way services for
the Midway Road PD & E Study, and authorized the Chairman to sign.
B.Request approval of Change Order No. 3 in the amount of $8,103.26 for the
Prima Vista Blvd., Baffle Bo Project for the final adjustment of the quantities-
The Board approved and authorized the Chair to sign Chang3e Order No. 3 in
the amount of $8,103.26 for the Prima Vista Blvd., Baffle Box.
4.PARKS AND RECREATION
Special Needs Auditorium Facility/ADA Review & Funding Approval/Approve Budget
Amendment No. BA-07—023- The Board approved the use of $1,286.25 from General
Fund Contingency to retain the services of American Disabilities Act standards expert
Larry Schneider to review the construction documemts for the Special Needs/Auditorium
Facility that is to be constructed at the Lawnwood Complex. The Board approved
Budget Amendment No. 07-023.
5.COURT ADMINISTRATION
Establish a Referral Reduction Coordination position for the Nineteenth Judicial Circuit’s
Juvenile Civil Citation Program- The Board approved establishing the position of
Referral Reduction Coordinator for Court Administration upon execution of the Grant
Agreement.
6.GROWTH MANAGEMENT
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A.Additional Grant Request for $30,000 for the Treasure Coast Sports
Commission for use on incentive bids during 2006-2007- This grant was
requested by the Tourism Development Council- The Board approved the
additional grant for $30,000 for 2006-2007 and approved to develop the
agreement and authorized the Chairman to sign the agreement when
completed.
B.Request approval of a matching grant for the Economic Development Council
for 2006-2007 with a max cap of $100,000. This matching grant is dollar for
dollar up to $100,000 once the EDC has exceeded the private sector funding
dollars for the time period October 1, 2005 to September 30, 2006 . The
Board approved the matching grant and approved to develop the agreement
and authorized the Board Chairman to sign the agreement when completed.
C.Petition of Engineering and Construction Services, Inc. for final plat approval
for the project to be known as Kitterman Subdivision.- The Board approved
the final plat of Kitterman Subdivision and authorized it’s final execution.
7.COMMISSIONER GRANDE
A.Ratify Committee Appointment- The Board ratified Com. Grande’s
appointment of Mary Chapman to the Smart Growth Committee.
B.Ratify Committee Appointment- The Board ratified Com. Grande’s
appointment of Jack Connolly to the Historical Commission.
8.MEDIA RELATIONS
Letter of Intent to the City of Ft. Pierce for extended services- The Board approved the
Letter of Intent to the City if Ft. Pierce for extended services.
9.ENVIRONMENTAL RESOURCES-
Request for exemption- The Board approved the request for an exemption for Michael
and Roberta West from the requirements of Section 11.02.09 (A)(5) St. Lucie County
Land Development Code, and that no environmental impact report be required for this
project.
10.CULTURAL AFFAIRS
The Board authorized the Chairman to sign a grant agreement prepared by the County
Attorney with Indian River Community College Foundation for $35,000 to assist with
50% of the glass sculpture.
11.AIRPORT
A.Change Order No. 6 – Dickerson Florida, Inc.- The Board approved Change
Order No. 6 for Dickerson Florida, Inc for an additional cost of $435,633.77
changing the contract amount from $4,015,642.31 to $4,451,276.08 with no
additional time for the infrastructure construction of the Airport West
Commerce Park, and authorized the Chairman or designee to execute the
same.
B.Budget Resolution No. 06-381 correcting the FDOT Joint Participation
Agreement grant- The Board approved Budget Resolution No. 06-381
correcting the FDOT JPA amount of $227,200 and the local match of
$56,800, for a total project cost of 284,000 for the taxiway shoulder and
drainage project at the SLC International Airport and authorized the Chairman
or designee to execute same.
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C.Budget Resolution No. 06-383- FDOT JPA - The Board approved Budget
Resolution No. 06-383 for the FDOT grant in the amount of $6,621 for
Security Fencing and authorized the Chair or designee to execute same.
D.Work Authorization PBS&J to provide engineering services for the
preparation of an environmental compliance matrix for the St. Lucie County
International Airport- The Board approved the Work Authorization with
PBS&J to provide engineering services for the preparation of an
environmental compliance matrix at a lump sum fee of $14,400 and
authorized the Chairman or designee to execute same.
12.PURCHASING
A.First Amendment to Contract C04-09-424- with Treasure Coast Lawns- The
Board approved the first amendment to Contract No. C04-09-424 with
Treasure Coast Lawns and authorized the Chairman to sign the amendment as
prepared by the County Attorney.
B.Third Amendment to Contract No. C03-12-743 with Kelly Services, Inc.
which amends the contract to exercise the second one year renewal- The
Board approved the third amendment to Contact No. C03-12-743 and granted
permission for the Chairman to sign the Amendment as prepared by the
County Attorney.
C.Award of Bid No. 07-016 (Pepper Park Restroom Facilities) to the lowest
responsible, responsible bidder, Kirchman Construction in the amount of
$437,064.00- The Board approved awarding bid 07-016 to Kirchman
Construction in an mount of $437,064.00 and authorized the Chairman to sign
the contract as prepared by the County Attorney.
D.Award of Bid No. 07-013- Elks Park Press Box Renovation- The Board
approved awarding Bid No. 07-013 to the lowest responsive and responsible
bidder, Hennis Construction for the total amount of $524,000 and authorized
the Chairman to sign the Contract as prepared by the County Attorney.
E.Award of Bid No. 07-008- Removal of Exotic Vegetation- The Board
approved awarding Bid No. 07-008 to the lowest responsive and responsible
bidder, Aquatic Weed Management Inc., in the amount of $12,222.00 and
authorized the Chairman to sign the contract as prepared by the County
Attorney.
F.Permission to advertise an Invitation to Bids for the Purchase of Sign, Sign
Posts, Sign Hardware and Sign Blanks- The Board approved advertising an
invitation to bid for the Purchase of Signs, Sign Posts, sign Hardware and
Sign Blanks.
13.INVESTMENT FOR THE FUTURE
A.Approve the use of Central Services Project Reserves to cover additional costs
for the purchase of a Fort F-550 4x4 dual rear wheel fuel truck for the service
garage- The Board approve the use of the Central Services Project Reserves
in the amount of $10,146.00 to cover additional costs for the purchase of a
fuel truck to be used by Central Services Service Garage/
B.Wind Chill Mechanical Concourse Rooftop A/C Unit Replacement- The
Board approved Change Order No. 1 to No. C06-08-495- approve change
order No. 1 to No. C06-08-495 to increase the contract time sixty five days for
a completion date of March 7, 2007 and authorized the Chairman to sign the
Change Order as prepared by the County Attorney.
14.COMMUNITY SERVICES
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A.FDOT/JPA East West Transit Routes- The Board approved the FDOT JPA
and authorized the Chair to sign the grant extension for FDOT’s JPA.
B.FDOT/JPA Transit Marketing Grant- The Board approved and authorized the
Chair to sign the grant extension for FDOT’s JPA for the transit marketing
grant.
15.ADMINISTRATION
The Board approved eliminating two part-time Staff Assistant positions in Administration
and creating a single full time Staff Assistant position (pay grade 10) .
16.CENTRAL SERVICES
The Board approved purchasing 120 speakers for the Court Administration Courtrooms
using Court Facilities Reserve Funds in the amount of $21,600.00 and authorized the
Chairman to sign the contract as prepared by the County Attorney.
CA-1 COMMUNITY SERVICES
Approve and authorize the Chair to sign the time extension for Florida Department of
Transportation’s Joint Participation Agreement for an Urban Capital Transit Grant- The
board approved and authorized the Chair to sign the time extension for FDOT’s JPA for
the Urban Capital Transit Grant.
REGULAR AGENDA
5.A COUNTY ATTORNEY (0:54:44)
Petition to Exchange- Exchange a portion of Gordy Road for property associated with
the pending DRI application of Provences- Resolution No. 06-342- Staff recommends the
Board deny the exchange of Grody Road, authorize the Chairman to execute Resolution
No. 06-342 and record the Resolution in the Public Records of St. Lucie County.
QUASI JUDICIAL- The Board members advised those present of their contact with
applicant. Com. Lewis stated her contact with the applicant was concerning the
continuance request. Com. Coward and Com. Smith both stated they had 2 meetings
with the applicant.
Staff advised the Board the petitioner requested this item be continued for a date
uncertain and would be responsible for the re-advertising costs.
Mr. Peter Racke- representing applicant, addressed the Board regarding their request.
It was moved by Com. Lewis, seconded by Com. Grande, to continue this hearing to date
uncertain and note the re-advertising costs would be incurred by the applicant, and; upon
roll call, motion carried unanimously.
5.B GROWTH MANAGEMENT (0:59:23)
Petition of Pat and Joyce Rogolino, for change in zoning from the AR-1 to the RE-2
zoning district for property located at 6250 Citrus Avenue- Draft Resolution No. 06-304
– Consider staff recommendation to approve Draft Resolution No. 06-304 which if
approved, would grant a change in zoning from AR-1 to RE-2.
Mr. Steve Ball, representing the family was present to answer any questions.
It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No.
06-304, and; upon roll call, motion carried unanimously.
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5.C GROWTH MANAGEMENT (1:02:54)
Petition of Port Richie Village Investments, LLC for a Major Adjustment to an approved
Planned Unit Development known as Waterstone- PUD F/K/A Emerson Estates – Draft
Resolution No. 06-302- Consider staff recommendation to accept the applicant’s request
to withdraw the major adjustment.
It was moved by Com. Grande, seconded by Com. Lewis, to accept the withdraw of the
major adjustment, and; upon roll call, motion carried unanimously.
5.D GROWTH MANAGEMENT (1:04:05)
Petition of Port Richie Village Investments LLC, for a 12 Month Extension of the
approved PUD known as Waterstone- PUD F/K/A Emerson Estates- Draft Resolution
No. 06-301 - Consider staff recommendation to accept the petitioner’s request to
withdraw the application for an extension of the date of expiration.
It was moved by Com. Coward, seconded by Com. Lewis, to accept the withdraw of this
request, and; upon roll call, motion carried unanimously.
5.E GROWTH MANAGEMENT (1:05:05)
Rescheduling of the final adoption hearing for Comprehensive Plan Amendments (DCA
No. 06-02 ) which includes the following items:
Item # 1 Petition of Robert Halpern, Grande Beach North Hutchinson Island LLC to
Change the Future Land Use designation on approximately 9.44 acres from COM
(Commercial) to MXD (Mixed Use Development- Medium Intensity) with sub area
policies.
Item # 2- Petition of St. Lucie Board of County Commissioners- Modify Goal 2.7 and
Objective 2.7.1 to recognize the August 2002 adoption of the Airport Master Plan and
incorporate the adopted Airport Master Plan into the Transportation Element by
reference.
Staff recommends scheduling the required public hearings for adoption of DCA No. 06-
02 amendments for February 6, 2006 or that a special meeting date be scheduled for what
is expected to be a large turnout.
The Growth Management Director addressed the Board and on this issue and
recommended the February 6, 2007 meeting date. He stated there were several issues
that needed to be addressed by legal staff along with various data processing issues and
would like adequate time to work on them.
Mr. Bobby Klein, attorney for the petitioner addressed the Board and requested an earlier
date such as January 16, 2007.
Com. Lewis stated she would support a special meeting due to the possibility of there
being many people present to address the amendments.
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Com. Smith suggested looking at the 5 as well as the 6.
Com. Coward suggested looking at February 8, 2007 since February 6, 2007 is a night
meeting with an extensive agenda and Monday would be the day to review the agenda
backup as well as having a speaking engagement on that date.
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Com. Smith and Com. Grande stated they were available on the 8 and Com. Lewis
stated to the best of her knowledge she was available on February 8, 2007.
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Staff was directed to re-advertise looking at the 6 or the 8.
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5.F ADDITIONS
GROWTH MANAGEMENT- Continued Petition for a change in Zoning District from
IL Zoning District to PUD Plan for property located on the north side of Metzger Road,
South of Avenue M, West of Angle Road and East of Canal Number 29 for the project to
be known as the Preserve. Draft Resolution No. 06-240 – Staff recommends that the
Board of County Commissioners continue the public hearing on this item to the march
20, 2007 Board meeting at 6:00 p.m. or as soon thereafter as it may be heard and that the
item should be noticed again at the applicant’s expense.
The County Engineer advised the Board the applicant needs to meet with the Public
Works Department to the traffic issue and also the tree issue.
It was moved by Com. Grande, seconded by Com. Coward to approve staff
recommendation, and; upon roll call, motion carried unanimously.
END OF PUBLIC HEARINGS
6. COUNTY ATTORNEY
Funding Agreement- Torrey Pines Institute for Molecular Studies, Inc., Consider staff
recommendation to approve the funding agreement and authorize the chairman to sign the
agreement.
The County Attorney advised the Board they would use non-property tax revenues.
It was moved by Com. Coward, seconded by Com. Grande, to approve the funding
agreement as revised subject to the funding agreement with the City of Port St. Lucie
and; upon roll call, motion carried unanimously.
Com. Grande wished to thank former Mayor Minsky for his efforts in helping to make
this a successful venture as well as Pete Hagner from Traditions and Larry Pelton from
the Economic Development Council.
7. COUNTY ATTORNEY (1:31:48)
TVC Stewardship District- Implementation Options- Consider staff recommendation to
determine which option the Board desires staff to pursue.
The County Attorney gave an overview of both a dependent and an independent district
and also gave short background on this item.
The County Attorney advised the Board Mr. Lewis was not able to be here tonight he was
representing the County in Tallahassee.
Com. Coward advised the Board this was the last meeting before the January 4, 2007
Legislative meeting and the importance of having a full board. The Chairman is in
Tallahassee on County business.
The Asst. County Administrator advised the Board she had been in contact with the
Chairman earlier in the day and he stated he did not have a problem with the Board
moving ahead with a decision or direction today.
Mr. Paul Schall, Ft. Pierce resident, addressed the Board and stated he was not aware
something like this was in the works and he believes most of the general public are not
aware of the 3 option process.
The County Attorney stated he believed these issues were discussed on November 28,
2006 and was part of the discussion at the Charette.
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Com. Grande stated that due to the November 28 discussion a workshop was held and
the public was made aware of the options and they participated in the workshop and
made their feelings known.
Mr. Schall questioned Statute 190 and if this was a option.
The County Attorney stated this was one of the options Mr. Lewis discussed, however
this option would result in piece meal infrastructure and was an option Mr. Lewis stated
would not be preferable.
Mr. Schall stated there are many issues and he is not sure anyone could make anything
out of this today.
Com. Coward stated these are the recommendations made by our outside Council
Mr. Gary Roberts 1400 Johnston Road, and a steering committee member stated he has
not heard about this funding option (special district) and has many questions.
Mr. Flip Gates, Ft. Pierce Farms Water Control District, addressed the Board and stated
he has sent many letter regarding Ft. Pierce Farms being ready and willing to work with
the County on the TVC. They have been working with Trias and Associates with regard
to the flow ways in the TVC area. He stated the district is presently assessed on a per
unit basis and has been working with Com. Craft on the Lakewood Park drainage so the
residents in the area do not have to deal with alligators. There are others living in the
area and not only developers should address these issues.
Mr. Martin advised the Board he has many questions and felt he does not have enough
information to make a decision. He does not have a position at this time. He does not
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see the county is in a position to make the January 4 legislative meeting and believes
the legislation would provide a special meeting. There are many issues that need to be
addressed on a line by line basis. He cannot urge the Board to go with option 1 or option
2. He stated between now and March they may be able to get the information to get this
done. He suggested a new assessment be made on the supply in demand ratio.
Mr. Gates advised the Board there is one developer who is moving rapidly and he will be
presenting it to the Growth Management Director in the future. This does include a flow
way.
Mr. Gary Robert encouraged due diligence in this matter.
Mr. Tom Babcock addressed the Board and stated Mr. Gates offers another vehicle to
implement the TVC.
Com. Grande stated they should be prepared to move forward in one area. The
independent district would be the least popular option. He stated Ft. Pierce Farms
provides the Board with an option. However the felt they were not in a position to accept
an option but in the position to give direction and indicate that the independent district
should be eliminated.
The County Attorney stated there is additional time no matter the Board may do, and
suggested to try to set up additional meetings with the Regional Planning Council in an
attempt to bring the community in.
Com. Grande proposed dropping option 3.
Com. Lewis stated she too would not want to move forward with option 3 and has many
concerns with that option and would like to remove it from consideration.
Com. Coward stated he concurred with the comments made. He believes the eminent
domain issue should not sit with an un-elected body and is comfortable not taking any
action tonight and would like to work with Ft. Pierce Farms on a variety of needs.
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Com. Lewis she would like to see more information on option 4.
Direction: as per the County Attorney He will not be presenting item to delegation will
de-emphasize option 3 and will set meeting with property owners committees and
districts and will present all information back to the Board for discussion.
The Board was asked to ratify Com. Grande’s appointment of Mr. Richard Pancos to the
Citizen’s Budget Committee.
It was moved by Com. Grande, seconded by Com. Coward to ratify the appointment of
Mr. Richard Pancos to the Citizen’s Budget Committee, and; upon roll call, motion
carried unanimously.
Com. Coward thanked those who went to Tallahassee today and were victorious in their
efforts to protect the Port property.
There being no further business to be brought before the Board, the meeting was
adjourned.
______________________
Chairman
______________________
Clerk of Circuit Court
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