HomeMy WebLinkAboutBOCC Minutes 03-13-2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: March 13, 2007 Convened: 9:00 a.m.
Adjourned: 11:21 a.m.
Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A Lewis, Charles
Grande, Doug Coward
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Don West, Public Works Director, Lauri Case, Utilities Director, Neil Appel,
Purchasing Director, Robert Nix, Growth Management Director, Diana Lewis, Airport
Director, Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy
Clerk
1.MINUTES
It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the
meeting held March 5, 2007 and March 6, 2007, and; upon roll call, motion carried
unanimously.
2.PROCLAMATIONS/PRESENTATIONS
A.Budget Resolution No. 07-087 to accept a donation of $26,648.00 from the
United Veterans of St. Lucie County to the St. Lucie Board of County
Commissioners.
The contribution will be used to pay for the purchase of a multi-passenger van-
Consider staff recommendation to approve Budget Resolution No. 07-087 and
Equipment Request No. 07-317.
It was moved by Com. Grande, seconded by Com. Smith to approve Resolution No. 07-
087 as amended to reflect the $500.00 additional donation made, and; upon roll call,
motion carried unanimously.
3.GENERAL PUBLIC COMMENTS
4.CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent
Agenda as amended (C2D deleting paragraph 13; items C8A and C4-C pulled), and; upon
roll call, motion carried unanimously.
1.WARRANT LIST
The Board approved Warrant List No. 23.
2.COUNTY ATTORNEY
A.Ordinance No. 07-013 (f/k/a No. 06-042) Creating Section 7.10.27 of the
Land Development Code- Placement of communication systems or facilities
in the public right of way- The Board approved adverting Ordinance No.07-
013.
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B.Ordinance No. 07-014 (f/k/a Ordinance No. 06-041) – Amending Section
7.10.23 of the Land Development Code- Establish General Guidelines for the
Siting of Wireless Telecommunications Towers and Antennas; Permission to
advertise- - The Board granted permission to advertise Ordinance No. 07-
014.
C.Resolution No. 07-084- Extending State of Local Emergency – an on Open
Air Burning in St. Lucie County- The Board approved Resolution No. 07-084
and authorized the Chairman to sign the Resolution.
D.Reserve- Conservation Easements; Letter to PGA Village Property Owners
Association- This item was pulled.
E.Treasure Coast Connector Marketing Program- First Amendment to
November 30l, 2006 Subgrant Agreement with Council on Aging of St. Lucie,
Inc.- The board approved the proposed First Amendment to the November 30,
2006 Subgrant Agreement with Council on Aging of St. Lucie, inc., and
authorized the Chairman to sign the amendment.
F.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.
3.MANAGEMENT AND BUDGET
A.Permission to Advertise Public Hearing- The board authorized the Office of
Management and Budget to schedule and advertise a public hearing to amend
the budget.
B.Request to approve Budget Resolution No, 07-081- Community Emergency
Response Team Grant- The board approved Budget Resolution No. 07-081.
C.Approval of Resolution No. 07-085 to establish budget for South Causeway
Park- The Board approved Resolution No. 07-085.
D.Approval of Resolution No. 07-088 to establish budget for Lake Drive
MSBU- The Board approved Resolution No. 07-088.
4.PARKS AND RECREATION
A.St. Lucie County Fairgrounds West Gate Replacement- The Board approved
the removal of the existing Fairgrounds west gate located at the Peacock
entrance and replace with an upgraded keypad entrance system gate.
Approved removing the old asset (gate) and costs from the capital records and
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replace with the new asset (upgraded gate) approved 1 Fire and Security to
replace the gate at a cost of $7,942.50 and B.A/ # 07-043.
B.Reserve Osmosis Water Treatment Plant Expansion- Assignment of Award of
Bid- The Board approved assignment of bid award (Walsh Environmental) to
Interstate Engineering Corp., approved the required paperwork as deemed
necessary by the Attorneys office for execution of the assignment, an
authorized the Chairman to sign.
C. Wastewater Treatment Plant Capacity Increase Project- Emergency Operations
Center- Fairgrounds Facility- costs. This item was pulled . Com. smith
requested information with regards to the Fair Association’s contribution
towards this project and Com. Coward stated he felt utilizing Park impact
fees “B” are for south county and it is inappropriate to use these funds for this
project.
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D. Approve Deductive Change Order for Rodda Construction and Closeout
the Contract- Change Order No. 2- The Board approved the Deductive Change
Order with Rodda Construction (change Order No. 2) in the amount of
$20,952.12 and close out of the contract and authorized the Chairman to sign the
Change Order as approved by the County Attorney.
5.SOLID WASTE
Approval of Inter-local Agreement with the USDA for non-exclusive use of the St. Lucie
County Solid Waste Baling & Recycling Facility- The Board approved the Inter-Local
Agreement with the USDA for non-exclusive use of the St. Lucie County Solid Waste
Baling & Recycling Facility.
6.PUBLIC WORKS
A.Engineering Division- First Amendment to Work Authorization No. 25 to
contract with Hazen & Sawyer- The Board approved the First Amendment to
Work Authorization No. 25 to the contract for Professional Engineering
Services Stormwater Management with Hazen Sawyer Engineers, P.C. for
additional geotechnical services for Indian River Estates Phase 1 Design
Update in the amount of $2,519.00 and authorized the Chairman to sign.
B.Engineering Division Approve Change Order No. 5 for an extension of time
to the South Jenkins Road Extension Project, Contract No, C03-08-480- The
Board approved and authorized the Chairman to sign Change Order No. 5 for
an extension of time only to the South Jenkins Road Extension Project,
Contract No. C03-08-480 with Ranger Construction.
C.Engineering Division Change Order No. 1 and Final in the amount of
$22,416.00 Indian River Drive Emergency Repairs,- The Board approved
Change Order No. 1 and Final in the amount of $22,416.76 Indian River Drive
Emergency Repairs and authorized the Chairman to sign.
D.Engineering Division- approve Change Order No. 2 in the amount of $108.00
to the Edwards Road at Selvitz Road Intersection Improvements project
Contact No. C04-02-124- The Board approved and authorized the Chairman
to sign Change Order No. 2 in the amount of $108.00 for a total contract price
of $592,706. 88 to Ranger Construction Industries, Inc., for the Edwards Road
at Selvitz Road Intersection Improvements project, Contract No. C04-02-124.
7.ENVIRONMENTAL RESOURCES
A.Approval of State Inmate Work Program Contract – The Board approved the
contract for the State Inmate Work Program in the amount of $61,108 to pay
for labor costs that covers 5 inmates and 1 correctional work squad officer,
approved the contract between the State & the County as approved by the
County Attorney, and authorized the Chairman to sign the contract.
B.Staff requests approval of the Second Amendment to the contract (C06-10-
557) with RTP Environmental Associates, to increase contract amount by
$4,000 an to extend the time of performance to March 31, 2007 to provide
additional Air Quality Specialist Services to review documents and attend
public workshops pertaining to a Plasma Arc Facility in St. Lucie County-
The Board approved the Second Amendment to the contract with RTP
Environmental Associates, Inc. to increase the contract amount by $4,000 and
to extend the time of performance to March 31, 2007 and authorized the
Chairman to sign the agreement as prepared by the County Attorney’s office.
8.CENTRAL SERVICES
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A.This item was pulled prior to the meeting.
B.Approval to purchase two 4500 Touch Prox Kronos Time Clocks- The Board
approved Equipment Requests CSEQ07-314 & CSEQ07-315 for the purchase
of the two 4500 Touch Prox Kronos Time Clocks at a price of $4,100.00 each
for Central Services.
9.INVESTMENT FOR THE FUTURE
A. Central Services- The Board approved Bid Waiver for Santana/Comtec
Industries, Inc., in the amount not to exceed $50,0000 and authorized
piggybacking the Brevard County School Board contract with
Santana/Comtec, Contract # 04-029/BM for restroom renovation at S. County
Annex and Lakewood Park Library; and authorized the Chairman to sign the
contract as prepared by the County Attorney.
Central Services – Wind Chill Mechanical Concourse Rooftop A/C Unit
Replacement- Change Order No. 2 to # C06-08-495- The Board approved
Change Order No. 2 to # C06-08-495 to increase the contract time sixty days
for a completion date of May 6, 2007 and authorized the Chairman to sign the
change Order as prepared by the County Attorney.
10.GRANTS
A.Preparation of grant application by County staff to be submitted by the city of
Ft. Pierce- The Board approved the submittal of the grant application to the
Florida Department of Environmental Protecction-Recretional Trails Program
and the match of $200,000 to be proposed in the 2007-2008 budget.
Authorize the submittal of the Emergency Medical Service Grant to the
Florida Department of Health- The Board approved Resolution No. 07-086
which is required for the grant application, authorized the submittal of the
grant application to the Bureau of Emergency Medical Services.
11.PARKS REFERENDUM
Approve Work Authorization No. 1- Glatting Jackson-Skate park - The board approved
Work Authorization No. 1 in the amount of $66,979.00 with Glatting Jackson Kercher
Angling (Contract C06-08-473) to complete the Master Plan and Design documents for
the St. Lucie County Skate Park to be located at the Lawnwood complex and authorized
the Chairman to sign.
12.VETERANS SERVICES
Budget Amendment No. 07-045- Equipment Request No. EQ07-316 and the agreement
with the United Veterans of St. Lucie County for an interest free loan from the BOCC
General Fund Contingency- The Board approved Budget Amendment No. 07-045 and
Equipment Request No. EQ07-316 and authorized the Chairman to sign the agreement
with the United Veterans of St. Lucie County.
13.CULTURAL AFFAIRS
A.The board authorized the Chairman to sign the grant application to the Florida
Humanities Council for a traveling Zora Neale Hurston exhibit and play.
B.The Board authorized UDT-SEAL Museum to serve Beer and Wine at the
Open House on March 23, 2007 from 5:30 p.m. to 7:30 p.m.
14.PURCHASING
A.First Amendment to Contract C06-05-278 with South Florida Concrete
Services Inc., Contract C06-05-284- with The Hanley Martin Corp. and
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Contract C06-05-274 with Sunshine Land Design for Concrete ,Culvert and
Asphalt Installation - The Board approved the First Amendment to Contracts
C06-05-278, C06-05-284 and C06-05274 and authorized the Chairman to sign
the amendment as prepared by the County Attorney.
B.Approval of the Third Amendment to Contract C05-03-130 with Stewart
Mining Industries, Inc., for the purchase of shell rock material and FDOT base
coquina rock- The Board approved the Third Amendment to Contract C05-03-
130 exercising the second renewal option and allowing a price increase, the
Board also approved the Chairman to sign the amendment as prepared by the
County Attorney.
C.Award of Invitation to Bid # 07-027 Purchase of sign Posts, Sign Hardware,
Signs and Sign Blanks to the lowest responsible, responsible bidder, Universal
Signs and Accessories, Inc.. - The Board approved awarding the Invitation to
Bid # 07-027 to Universal Signs and Accessories, Inc., and authorized the
Chairman to sign the contract as prepared by the County Attorney.
D.Award of Invitation to Bid # DRP # 2 to the lowest responsible, responsive
bidder, Alton Silver Homes Corporation- The Board approved the request of
the St. Lucie County Citizen’s Advisory Task Force for the CDBG program to
award Invitation to Bid # DRP# 2 Demo Replacement Project to the lowest
responsible, responsible bidder, Alton Silver Homes Corporation, for the total
amount of $133,500.00 and authorized the chairman to sign the contract as
prepared by the County Attorney.
E.Assignment of Contract C05-06-318- (accounts receivable only) with Global
Graphics, LLC to Riviera Finance- The Board approved the assignment of
Contract C05-06-318 (receivable only) with Global Graphics LLC to Riviera
Finance and authorized the Chairman to sign the assignment as prepared by
the County Attorney.
F.Purchase Agreement with Office Products & Services, Inc., (representing The
Hon/Allsteel & Gunlocke Companies)- The Board approved the purchase
agreement with Office Products & Services, Inc., from April 1, 2007 through
March31, 2008 and authorized the Chairman to sign the agreement as
prepared by the County Attorney.
G.Award of Invitation to Bid # IFB# 27 to the lowest responsible, responsive
bidder, Angus Enterprises, Inc.,- The Board approved the request of the St.
Lucie county Citizen’s Advisory Task Force for the CDBG program to
approve exceeding the previously established amount of $39,999 per unit for
rehabilitation projects of CDBG and award IFB # 27 Housing Rehabilitation
Project to the lowest responsive responsible bidder, Angus Enterprises, Inc.,
for the total amount of $68,950.00 and authorized the Chairman to sign the
contract as prepared by the County Attorney.
15.COMMISSIONER GRANDE
Ratify committee appointments- The Board ratified Com. Grandes’ appointment of
Pieter Stryker to the Housing Finance Authority.
REGULAR AGENDA
5.A No public hearings scheduled.
6. COUNTY ATTORNEY
Joint Planning Agreement- City of Port St. Lucie- Consider staff recommendation to
approve the Agreement and authorize the Chairman to sign the Agreement.
Com. Grande addressed the correction on page 2 under the development permit section ,
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to delete the word “and”; also page 3, 4.2 should read, “not withstanding anything
provided”.
It was moved by Com. Coward, seconded by Com. Lewis, to approve the Joint Planning
Agreement as amended, and; upon roll call, motion carried unanimously.
7. COUNTY ATTORNEY
Mellon Patch Inn, 3601 B. A-1-A Ft. Pierce- Resolution No. 92-254 - Staff recommends
the Board of County Commissioners consider setting a date certain for a public hearing to
determine whether to modify or revoke the conditional use permit.
The Assistant County Attorney stated there were no noise violations noted by Code
Enforcement.
Com. Smith stated he had not heard this establishment being out of compliance.
Com. Coward asked if there were any violations.
The Assistant County Attorney stated the establishment was cited for not having a
permitted deck and there is an open case on the sign. There have been also complaints
regarding the noise.
Com. Coward questioned the expansion of the facility.
The Assistant County Attorney stated there is no expansion of the structure itself just the
use of the existing area. They also believed the deck has been there for some time.
Mr. Robert Gorman, Attorney for the surrounding property owners, addressed the Board
and the conditional use of the Bed and Breakfast. He addressed the establishment not
having ample parking for the events being held and the impact it is having on the
surrounding residents. The residents want the establishment to return to a Bed and
Breakfast and stop having different events which create noise and parking problems.
Mr. Steve Tierney, Attorney for Ms. Kathy Townsend, addressed the Board and stated
this facility was permitted as a lodging establishment since there was not a Bed and
Breakfast definition under the Land Development Code. In 20 months since ownership
she has had 14 events and none have lasted over 9:00 p.m. He felt they were being
harassed by the area residents due to a possible previous option to buy the establishment
by another resident. He does not believe it has reached the threshold of warranting a
public hearing being scheduled. He advised the Board Ms. Townsend has not rented out
more than the 4 rooms indicated in the conditional use.
Mr. Floyd Brisby- 930 Jackson Way addressed the Board and presented pictures of
various events and also a petition signed by the surrounding residents. He requested the
Board move towards scheduling a public hearing.
Ms. Pat Spradlng, 925 Jackson Way, addressed the Board and referenced Code Section
7.10.20.
Com. Smith addressed Ms. Spradling’s comments and asked the County Attorney what
pertained to this issue in the Code.
The County Attorney advised the Board and Ms. Spradling when this item was approved
the County did not have a Code Provision in place regulating Bed and Breakfast and he
believes it does not apply, however a public hearing can be held with regards to the
adverse impact this facility may have on adjacent properties.
Ms. Naomi Rocoff addressed the Board on this issue and stated she had her wedding at
the Melon Patch and it was most enjoyable and peaceful location.
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Ms. Cindy Bryant addressed the Board with regards to Ms. Townsend’s character and
stated St. Lucie County lacked these types of venus in the area.
Ms. Tina Sigman, Ft. Pierce resident, addressed the Board in support of the Melon Patch
Mr. Richard Allison, Jackson Way residn3et, addressed the Board and advised them he
requested his name be removed from the petition. He believes there are various facilities
and rentals in the area that cause problems in the area.
Mr. Dicky Brooks 924 Jackson Way, addressed the noise factor and felt there was a need
for a public hearing even if the facility is not in violation of the noise ordinance.
Mr. Jack Ramelsburg, A-1-A property owner, addressed the Board in support of the
Melon Patch and stated he has heard more noise from Pepper Park and various facilities
in the area.
Ms. Kathy Townsend, Melon Patch owner addressed the Board and stated her intention
was not to harm or become a nuisance to anyone in the area. She is in support of the
public hearing so that this can be concluded once and for all.
Com. Craft stated he believed they needed to move towards a public hearing in order to
resolve this issue that has been going on too long.
Com. Grande concurred with having a hearing and stated he has not heard any rationale
as to why they should not have a hearing.
Com. Smith stated he was opposed to having a hearing, they have not had any staff
showing or had any proof that this facility has been out of compliance. He would be
voting against making this decision today.
Com. Lewis stated she has not seen the results of the phone calls or the complaints and
would like to see them. She is in favor of the public hearing.
Com. Coward stated he felt they clearly needed to have a public hearing for both sides
sake. He felt the business was clearly negatively affecting the area residents.
It was moved by Com. Coward, seconded by Com. Grande, to approve scheduling a
public hearing for April 17, 2007 at 6:00 p.m. or as soon thereafter as it may be heard,
and; upon roll call, the vote was as follows; Nay: Smith, Aye’s; Grande, Lewis, Coward,
Craft; motion carried by a vote of 4 to 1.
8.ADMINISTRATION
St. Lucie County Cultural Affairs Council Board Vacancies- Staff recommends the
Board vote and appoint two at large members from the applications submitted to the
Cultural Affairs Council to fill the vacancies.
Upon tally of the votes, the two appointed members are: Martha F. Bardley and Ruby
Jefferson.
9. GROWTH MANAGEMENT
Petition of Coast to Coast Investment properties, LLC for Major Site Plan Approval for
the project to be known as Wilson Development for property located in the Kings
Highway Industrial Park on Commercial Circle in the IL zoning district Draft Resolution
No. 07-037.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 07-
037, and; upon roll call, motion carried unanimously.
10. COUNTY ATTORNEY
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This item was pulled.
11. ADMINISTRATION
This item was pulled.
12. COUNTY ATTORNEY
This item was pulled.
UNAGENDAD ITEM
The Chairman addressed the Board with regards to his meeting with Mayor Pat
Christenson, from the City of Port St. Lucie with regards to the water issue and requested
Board input.
Com. Grande requested information on the two options presented by Chairman Craft.
The first option is a bulk water agreement with the County being the retailer, the City
would own the lines, and the County would be the one to own the capacity in the lines.
Billing would come from St. Lucie County Utilities maintenance and up keep would be
handled by the City of Port St. Lucie Utilities.
Com. Grande asked if the authority lied within the County as to who would receive the
utilities.
Com. Craft stated the County would hold that authority.
The County Administrator addressed option two whereby the County would own the
lines and he believes option two was the best solution. He has reservations about option
one.
The County Attorney concurred with the County Administrator, he too had reservations
about option one. He believes the city should not own lines within the county’s service
areas.
Com. Lewis requested another letter noting the Board has not taken any action on either
option and this was requesting the city’s thoughts and that this is a draft.
Com. Coward would like in the future to review such recommendations before it coming
for action before the Board.
It was the consensus of the Board to send a letter to the City with regards to option two
and asking the City for their input along with another letter stating the Board has not
taken action on either as requested by Com. Lewis.
There being no further business before the Board, the meeting was adjourned.
________________________
Chairman
__________________________
Clerk of the Circuit Court
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