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HomeMy WebLinkAboutBOCC Minutes 02-06-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 6, 2007 Convened: 6:00 p.m. Adjourned: 9:35 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Michael Brillhart, Economic/Strategic Development Director, Mike Pawley, County Engineer, Robert Nix, Growth Management Director, Hank Flores, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Coward, seconded by Com. Smith, to approve the minutes of the meeting held January 16, 2007 and January 23, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATION PRESENTATIONS A.A presentation was made by Ericka D’Avanzo of the Surfrider Foundation, Ms. Malia Hale from the National Wildlife Federation and Mr. David Conrad, National Wildlife Federation, Washington also made presentations on the status of WRDA. 3.GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the Port, Cocaine not being taxed, the sorting of plastics and the Spur Jetty and the fact he noticed the concrete was cracking. The Public Works Director advised the Board he would looking into the matter of the jetty. Mr. Steve Ribecoff, area resident, thanked the Board for the fish cleaning table project. The Board announced the Geo Plasma workshop was scheduled for February 12, 2007 at 1:30 p.m. in the Chambers. 4.CONSENT AGENDA It was moved by Com. Smith seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 17 and 18. 2.COUNTY ATTORNEY 1 A.Contract for Sale and Purchase- Paradise Park Stormwater Improvement- Adeline Ramlow- Tax I.D. 1433-801-0005-000/7- The Board approved the contract for sale and purchase from Adeline Ramlow for the purchase price of $23,000 and authorized the Chairman to sign the Contract, directed staff to proceed with the closing and record the Warranty Deed n the Public Records of St. Lucie County. rd B.Revocable License Agreement Runway’s End, LLC Industrial 33 St- The Board approved the Revocable License Agreement authorized the Chairman to sign the Revocable License Agreement and directed Runway’s End, LLC to record the document in the Public Records of St. Lucie County. C.Contract for Sale and Purchase- Paradise Park Stormwater Improvement- Larry and Dorothy Long – Tax ID 1433-701-0274-000/6- The Board approved the Contract for Sale and Purchase from Mr. & Mrs. Long for the purchase price of $27,500.00 authorized the Chairman to sign the Contract, directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. D.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. E.Agreement with Howard Group to pay fee in Lieu of Construction Concrete Sidewalks- The Board approved the Fee in Lieu of Construction Agreement with Howard Group and authorized the Chairman to sign. F.Donation Policy- The Board approved the draft Donation Policy. G.Towns, Villages and Countryside Stewardship District- Permission to advertise Public Information Meeting- The Board approved advertising a Public Information meeting on March 1, 2007 at 6:00 pm. H.Sun Coast Builder G.C. Inc.,- Refund of Heritage Drive Traffic Signal Contribution- The Board authorized the refund of the contribution paid by Sun Coast Builder, G.C. Inc., for installation of a traffic signal on Heritage Drive. 3.PUBLIC WORKS A.Purchase of Dell PowerEdge 2950 Server for IVR System- The Board approved the proposal from Dell regarding Quote # 1372 in the amount of $7,213.80 and Quote # 1379 in the amount of $598.32. Approved Budget Amendment BA 07-035 in the amount of $7,813.00 and EQ 07-305. B.Engineering Division- Resolution No. 07-057- To establish budget for Airport Industrial Park MSBU- The Board approved Resolution No. 07-057. th C.Engineering Division- South 26 St. Wastewater/Flood Improvements Project- Approval of Budget Resolution No. 07-033- The Board approved Resolution No. 07-033 to accept a monetary contribution from the Ft. Pierce Utilities Authority and authorized the Chairman to sign. D.Engineering Division- Award of Bid No. 07-019 for the Kings Highway Canal Replacement at Sebastian Road project to Johnson Davis, Inc., in the amount of $246,522.00. The Board approved awarding Bid No. 07-019 for the Kings Highway Canal Replacement project to Johnson Davis, Inc., in an mount not to exceed $246,522.00; establish the project budget as outlined in the attached memorandum and authorized the Chairman to sign the contract as prepared by the County Attorney. 2 E. Engineering Division Award of Bid No. 07-020 for the Kings Highway Canal Culvert Replacement at Lakeland Blvd., project to Johnson Davis, Inc., in the amount of $256,921.00 - The Board approved awarding Bid No.07-020 for the Kings Highway Canal at Lakeland Blvd., project to Johnson Davis, Inc., in the amount of $256,921.00; establish the project budget as outlined and authorized the Chairman to sign the contract as prepared by the County Attorney. F. Engineering Division- Award of Bid No. 07-021 for the Kings Highway Canal Culvert Replacement Winder Garden Parkway project to Johnson David, Inc., in the amount of $249,684.00. The Board approved awarding Bid No. 07-021 to Johnson Davis in the amount of $249,684.00 established the project budget as outlined and authorized the Chairman to sign the contract as prepared by the County Attorney. 4.PARKS AND RECREATION A.Concrete slabs at Lawnwood Recreation Area (Budget Amendment No, BA 07-031) - The Board approved Budget Amendment BA 07-031 and authorized to pour two concrete slabs in front of the mechanic shop and under the “home” bleachers at Lawnwood Football Stadium at a cost of $5,730.00. B.Contract cancellation /Kids Krusade Inc., (C06-12-727) The Board approved the Chairman cancelling contract C06-12-727 with Kids Krusade Inc., for use of Dreamland Park, effective March 10, 2007. C.Resurfacing of Pepper Park Tennis Courts- The Board approved to reallocate $13,800.00 from the operations budget and resurface the two tennis courts at Pepper Park. D.Tradition Field FY 06/07 Capital Improvements - The Board approved allowing SFS to install a “ticket window intercom system” at a cost of $3,840.00 bringing the total dollars approved to date to: $104,004.00. Funds will be made available from loan proceeds. No expenses will be incurred until loan is secured. E.Urban and Community Forestry Grants- The Board authorized waiving the competitive bid process for the installation of the trees, and allow staff to retain the services of Growing Concern Tree & Landscape, and Sunshine Land Design, Inc. F.Tradition Field ADA Improvements & Work Authorization No. 13 to contract C05-05-248- The Board approved Work Authorization No. 13, and approved making payment to Edlund Dritenbas and Binkley Associates in the amount of $3,118.69 per contract for ADA consulting work at Tradition Field. 5.PURCHASING A.Permission to re-issue Request for Qualifications for continuing contracts to provide various Architectural and Engineering Services- The Board approved advertising and re-issuing Request for Qualifications for continuing contracts to provide various Architectural and Engineering services. B.Amendment of Consultant Contracts- The Board approved the First Amendment to the listed contracts and authorized the Chairman to sign the Amendments as drafted by the County Attorney. C.Amendment of Consultant Contracts- The Board approved the First Amendment to the listed contracts and authorized the Chairman to sign the Amendment as drafted by the County Attorney. 3 D.Permission to issue a Request for Proposals to lease the properties located at 3821 and 3811 Ridgehaven Road, Ft. Pierce , Fla. 34946. The Board approved advertising and issuing a request for proposals to lease the properties located at 3821 and 3811 Ridgehaven Road, Ft. Pierce located in the St. Lucie County International Airport. E.Third Extension to Contract C03-02-247 with Corzo, Casella, Carballo, et al. and Contract C03-02-257 with Jenkins and Charland, Inc., for Structural Engineering Services- The Board approved the third extension to Contract C03-02-247 and Contract C03-02-257 and authorized the Chairman to sign the extensions as prepared by the County Attorney. F.Request the Board of County Commissioners to rescind the award of Invitation to Bid No. 06-105 to Gary Roberts Nursery and Landscape and re- award a multiple contract to Sunshine Land Design, Inc., and The Growing Concern Tree and Landscape- The Board approved rescinding the award of the Invitation to Bid No. 06-105 and re-award a multiple contract to Sunshine Land Design, Inc.. and The Growing Concern Tree and Landscape and authorized the Chairman to sign the contracts as prepared by the County Attorney. G.Approval of Amended Schedule “A” for Contract C03-02-208 with Municipal Software Corporation- The Board approved the amended schedule “A” to Contract C03-02-208 with Municipal Software Companies for annual license renewals for the amount of $33,898.50 and authorized the Chairman to sign the amended schedule “A” as prepared by the County Attorney. H.Ninth Amendment to Contract No. C02-11-124 with Aquagenix for providing Aquatic Vegetation Control of Drainage Right of Ways, Waterways, Lakes, Ponds and Water retention areas – The Board approved the Ninth Amendment to Contract No. C02-11-124 with Aquagenix adding 384 acres of water lettuce control, increasing the contract amount $48,000 and authorized the Chairman to sign the Amendment as prepared by the County Attorney. I.Request permission to begin Phase 1 of the County Cell Phone Allowance Program- The board approved beginning Phase 1 of the County Cell Phone Allowance program. J.Third extension to Contract C03-02-222 with Sims Wilkerson Engineering Inc., Contract C03-02-225 with Culpepper & Terpening Inc., Contract C03- 02-235 with Hazen & Sawyer P.C. Contract C03-02-269 with Kimley Horn and Associated, Inc., C03-02 -244 with Keith and Schnars for engineering services. The Board approved the Third extension to Contract C03-02-225, C03-02-235, C03-02-269 and C03-02-244f for General Engineering Services and authorized the Chairman to sign the extensions as prepared by the County Attorney. 6.INVESTMENT FOR THE FUTURE A.Parks and Recreation- Fish Cleaning Station/Stan Blum Boat Ramp/Approve BA No. 07-032 and Capital Request No. 07-100- The Board approved St. Lucie County residents request to provide a fish cleaning station at Stan Blum boat ramp and authorized staff to use $5,000 from Investment for the Future funds to cover the costs of materials and water/electric hookup, and approved BA 07-032 and Capital Request No. 07-100. nd B.Parks and Recreation- Edlund Binkley – 2 Amendment /Ravenswood Splash Park- The board approved the second amendment to Edlund Britenbas Binkley’s contract in the amount of $2,813.05 due to an increase in permitting work responsibilities. Total reimbursable fess will increase to $104,712.05. 4 C.Central Services- Purchase a DVR System for South County Annex Security- The Board approved Budget Amendment # BA 07-039 and Equipment Request # CSEQ07-301 approved the use of available FY 06-07 IFF Funds, Central Services Project Reserves in the amount of $2,395.00, approved the purchase of a DVR System for the South County Annex security. D.Central Services- Correction to Bid # 07-010/Waterproofing of Various St. Lucie county Buildings- State Attorney Office-Empire 1 @ $74,000 should have been $74,900.00 . The Board approved the correction to Bid # 07-010 State Attorney Office Empire 1, for this location only the bid amount should have been $74,900.00 the Board authorized the Chairman to sign the contract as prepared by the County Attorney. 7.ADMINISTRATION Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Committee- The Board ratified Com. Craft’s appointment of Candice Walker to the Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Committee. 8.GRANTS Amendment to Agreement with the Indian River Lagoon National Estuary Program- The Board approved the request for an additional amount not to exceed $80,000 for assistance in controlling invasive exotics plant species at Blind Creek Park, and approved acceptance of the amendment if awarded. 9.MEDIA RELATIONS TOURISM TDC/Special Event Grant Application- The Board approved the TDC’s and staff recommendation to approve the Special Event Grant Agreement totaling $1,250 to the Ft. Pierce Jazz & Blues Society as a drafted by the County Attorney and authorized the Chairman to sign the agreement. 10.CENTRAL SERVICES River park Marina- Summerlin Seven Seas/Contract # C06-08-469 Change Order No. 1 - The Board approved Change Order No. 1 to Contract No. C06-08-469 Summerlin Seven Seas, River Park Marina project to increase the contract sum in the amount of $4,700.00 and increase the contract time by ninety days with a date of substantial completion on January 31,2007 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. 11.ECONOMIC AND STRATEGIC DEVELOPMENT Letter of Intent- The Board approved the Letter of Intent for a Job Growth Investment Grant between St. Lucie County and Agenisys Corp and authorized the Chairman to sing the Agreement. REGULAR AGENDA 5.A GROWTH MANAGEMENT Petition of Lennar Homes, Inc., for a 12 month extension of the approved Final Planned Unit Development Site Plan known as Silver Oaks- PUD Draft Resolution No. 07-018 which would grant a 12 month extension to the approved project, the new expiration date would be March 1, 2008. Mr. Gary Hunter, representing the applicant, addressed the Board and advised them his reason for the extension was due to the fact they had just received the ERP permits and also due to the fact the Lennard Road project has been delayed. 5 Mr. Wally Sites, Tilton Road resident, addressed the Board and requested information on the status of the Lennard Road project. The County Engineer advised Mr. Sites they are presently on hold due to the MSBU. They are missing the right of way necessary and as soon as it is available they will be moving forward with the project. Mr. Tim Snyder, Gillatti Road resident, addressed the Board and expressed his concern with the project not accommodating those who ride horses in the area. Staff informed Mr. Snyder the original plan was to have an equestrian improvement made in the area however, they had requested assistance from the property owners in obtaining the right of way and they could not get it. Mr. Frank Knott, area resident, addressed the Board and questioned the Lennard Road PD&E. He also requested the vegetation buffer be re-evaluated due to the previous storms. Ms. Elizabeth McCabe, Shanis Trail resident, addressed the Board and stated the developer has had two years to do the project and felt they have enough development in the county. She also stated the design does not flow with the area. Mr. Stewart Hosie, area resident, addressed the Board and questioned how they would be obtaining the water and sewer for the project. QUASI-JUDICIAL Com. Craft and Com. Coward acknowledged having a conversation with Mr. Boggs from Lucido and Associates. It was moved by Com. Grande, seconded by Com. Smith, to grant a 12 month extension for the Final PUD known as Silver Oaks, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY (1:05:51) Public Hearing- Petition for Abandonment of a portion of Rock Road North of I-95 to Angle Road- Resolution No. 07-022- Consider staff recommendation to approve Resolution No. 07-022 denying the abandonment of Rock Road, authorizing the Chairman to execute the Resolution and record the Resolution in the Public Records of St. Lucie County. Mr. Jonathan Ferguson, Ruden, McCloskey, attorney for the applicant addressed the Board and stated this issue came up from engineering at the last minute. They met with the County Engineer and unfortunately did not come to a compromise because they wanted 100 ft. right of way. At the conclusion of the discussions the applicant came back with a proposal of two options: The developer is still willing to work into the project 80 feet of right of way and in doing so they asked for two considerations; a) they be permitted to continue with the final site plan with the change to the preliminary and it not be deed a major change to a preliminary plan that would require them to go back and start over with a preliminary plan. If this can be done, they are then willing to go back and try to work in an 80ft right of way and ask for a continuance of this hearing to find out how much of Rock Road should be abandoned. If engineering insists on a 100 ft. right of way, then they would respectfully insist to be allowed to move forward with the approved preliminary plan. 6 The County Engineer stated there was no compromise offered to him. He believes it is not logical to have 80 ft. right of way, they can not do a 4 lane roadway with the necessary amenities. The Board requested more information before the next meeting. It was moved by Com. Coward, seconded by Com. Grande, to continue this item on March 6, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. The Asst. County Administrator advised the Board she would like to poll the Board regarding the re-scheduling of the Grande Beach meeting. They do not have a date at this time. th The BOCC meeting for February 13 originally scheduled for 1:00 p.m. has been re- scheduled to 9:00 a.m. as per the consensus of the Board. 5.C GROWTH MANAGEMENT (1:26:10) Public hearing- Ordinance No. 2006-48 the Jenkins Road Planning Area Special District Regulations - Consider staff recommendation to approve Ordinance No.2006-48. The Growth Management Director addressed the changes and addition of language previously requested by the Board. In the house use lot standards, the average lot size will be changed to 4,000 sq. ft. rather than the 5,000 sq. ft. This would insure the ordinance and the application to be compatible. Staff is comfortable with this change. Com. Grande stated the descriptive language is ambiguous to him. The Growth Management Director stated it would be the average lot size would be 4,000 sq. ft. or a reduction of 20%. There could be lager lots or smaller lots, the average would be 4,000 sq. ft. Com. Coward questioned the issues he raised at the first reading and reviewed the requested changes. Page 21 of 52 subsection “c” line 11 utilities shall run under ground there seem to be some confusion. They agreed there would be a change in this language with regard to the utility poles. He requested staff work on the language. Also vegetation section, line 33, change the language to “shall preserve it” instead of “may preserve it”. Also line 17 consistent with the “ shall “ instead of “ may” language. In the prior discussion regarding “lamp posts” line 21 page 53, it was suggested the words “light posts “ be used instead of utility posts. Mr. Buddy Googe, representing the Angle Road Development LLC, Tuscany Development filed back in 2004, just under 31 acres, advised the Board they are waiting for final comments from DCR. There was never a mention of Jenkins Road back in the discussion with DCR and now it goes onto their property. There already is a designation of 90ft. along Angle Road. He advised the Board they were in opposition to this ordinance. Mr. Jonathan Ferguson, Ruden McCloskey, addressed the Board and questioned if the ordinance was adopted, would it apply to the Preserve project he is working with. The County Attorney advised Mr. Ferguson that he would like to look at factual information with dates and he would then respond in writing to Mr. Ferguson. 7 Mr. Joe Miller, area resident, addressed the Board with regard to the Eagle Bend PUD . He congratulated the Growth Management Director on providing the road grid. He stated in his opinion the overlay was a “win/win” for everyone and asked the Board approve the Ordinance. Mr. Joe Campbell, 4910 Orange Avenue and owner of two parcels in the middle of the area addressed the Board and stated he felt the area was not suitable for 3 story buildings making it a high density project around his property. He asked if the project Land Design South would have more than one entrance. Mr. Nix advised the Board he was not aware of the project. Mr. Jonathan Ferguson advised the Board this project is in its early stages and had not been submitted to the county as of yet. The County Attorney suggested the following: page 13 of 53, at the top, “ all proposed zoning and development is required to be consistent with the plan and compatible with surrounding existing and proposed development “. It was moved by Com. Grande, to approve the Jenkins Road overlay with the change as recommended by the County Attorney and changing the 4,000 sq. ft. back to 5,000 sq. ft; Motion died for lack of second. Com. Coward requested information on the affordable housing issue . The Growth Management Director stated he felt the ordinance had adequate provisions for this unless they wish to add the 10% standard as provided in the TVC. It was moved by Com. Smith, seconded by Com. Coward, to approve the Ordinance No. 2006-48 incorporating the provisions as read by Mr. Nix, the recommended changes as requested by Com. Coward and including the words “ and development” on page 13, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (2:29:11) Continuation of the petition of P280 Land LLC for Preliminary Planned Development Site Plan approval for a project to be known as Eagle Bend-PUD located on the south side of Angle Road, approximately ¾ mile east of Kings Highway, - Consider staff recommendation to approve the petition of P280 Land LLC for Preliminary Planned Development Site Plan approval for the Eagle Bend PUD. QUASI JUDICIAL- All Board members acknowledged having contact with the applicant before today’s meeting. The Growth Management Director reviewed the project and what has been changed to make it comply with the Jenkins Road overlay plan. The applicant met with Environmental Resources and they are happy with the proposed mitigation, also the Board had requested some connectivity from the townhomes and the north west adjacent to the commercial site and they have done this, the trees near the intersection of Angle Road, these trees were found to be in the right of way so the trees will remain. They will continue to work with staff concerning the traffic impact issues in time for the final PUD. The Victoria Oaks project has provided acknowledgement that they are cooperating with the Eagle Bend Development with regards to the land swap for the school site with the School Board. There are 3 pedestrian connections with Eagle Bend and the open space area. The Growth Management Director continued to review the changes and or additions to the project. 8 Com. Coward questioned what they would be committing to with regards to Jenkins Road. The developer is to make a money contribution to the cost of construction of a 4 lane road from Angle to Orange Avenue, they will dedicate the right of way and do the construction.. This should be placed as a condition of approval. Mr. Julian Bryan, representing the applicant was present to answer any questions. He stated they would be happy to construct to the extent all the way south to Orange Avenue. Com. Coward stated he would feel more comfortable if the 50 units of affordable hosing was added as a condition of approval. Mr. Bryan stated they were more concerned with the figures (cost of the housing ). Com. Coward stated he would like to see the affordable housing at $175,000 to $180,000. Ms. Cynthia Angelo stated they would commit to the $180,000. if the was a number the Board was more inclined to use. The Asst. County Administrator suggested utilizing the formula rather than an actual figure and felt they needed more flexibility. She did not wish to be locked in since the median income changes. Com. Coward stated he would recommend utilizing the formula of 30% of the average income. Ms. Angelos agreed. Ms. Angelos commented on the requirement entering into a binding agreement for the four laning of Jenkins consistent with concurrency and stated they were in agreement with this requirement. There were two submitted one for Eagle Bend and one for Victoria. The County Attorney recommended adding language since there was a requirement that a developer must sign a binding agreement with the county to provide improvements to roadways. He suggested adding on page 4, paragraph 4, “ including the 4 laning of Jenkins Road”. Mr. Joe Miller, area resident, advised the Board that in his discussion with the developer of Eagle Bend, he had advised them if they needed additional right of way from Jenkins Road south of their project to Orange Avenue, it was available. Also if they need an easement of utility sewer and water the offer still stood. Com. Grande requested the affordable housing units not be clustered in one area and the units be spread out throughout the development. He would like for these units to be the same as the other units. Mr. Chip Bryan, developer stated he would be willing to commit to addressing this issue and would like to bring back a refined plan and tailored plan at the final approval. They always look at creative solutions and may be able to bring something back that may serve the need of the county. Com. Coward stated the test would be when they come back with final approval and felt they needed to add general conditions/perimeters to let them know what they are looking for. Com. Coward asked if they had design standards for commercial. The Growth Management Director stated they have commercial standards. Com. Coward question if the requirement of bicycle and pedestrian paths was noted. 9 The Growth Management Director stated in the affirmative. It was moved by Com. Coward, seconded by Com. Lewis, to approve the petition of P280 Land LLC for Preliminary Planned Development Site Plan approval for the Eagle Bend-PUD as amended to include the special condition with the workforce housing providing at least 50 units of workforce housing based on the 30% average income in St. Lucie County with the same design as adjacent buildings to be located throughout development; in paragraph 4, adding more specific language as to the roadways including the 4 laneing of Jenkins Road; also the conservation easement area be permanent regardless of the status of the eagles, also the school site transferred to and owned by the county and managed for preservation and passive recreational uses; and, upon roll call, the vote was as follows: Nay: Grande, Aye’s: Coward, Lewis, Smith, Craft; motion carried by a vote of 4 to 1. Com. Grande stated he would not b supporting this project, 999 units in this area is to intense and felt that the county was not getting enough for what they are giving. 6. GROWTH MANAGEMENT This item was pulled and has been rescheduled for February 20, 2007 at 6: 00 p.m. or as soon thereafter as it may be heard. RA.1 ADMINISTRATION Review and consideration of staff options pertaining to the implementation of a Countywide Transferable Development program- Staff seeking direction from the Board. It was the consensus of the Board to continue discussion on this issue on an individual basis and then discus this at a workshop to be scheduled. There being no further business to be brought before the Board, the meeting was adjourned. ____________________________ Chairman ______________________________ Clerk of Circuit Court 10