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HomeMy WebLinkAboutBOCC Minutes 04-10-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 10, 2007 Convened: 9:00 a.m. Adjourned: 12:50 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Vanessa Bessey, Environmental Resources Director, Don West, Public works Director, Robert Nix, Growth Management Director, Gil Backenstoss, Asst. Growth Management Director, Millie Delgado- Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Smith, seconded by Com. Lewis, to approve the minutes of the meeting held April 3, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Resolution No. 07-112 Proclaiming the Month of April 2007 as “Water Conservation Month” in St. Lucie County, Florida- Consider staff recommendation to approve Resolution No. 07-112. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 07- 112, and; upon roll call, motion carried unanimously. 3.GENERAL PUBLIC COMMENTS Ms. Carol Mushier, Ft. Pierce South Beach Association President, addressed the Board and advised them she would be meeting with each Commissioner to discuss Causeway Park project. Mr. Jonathan Ferguson, Ruden, McCloskey Law Firm, addressed the Board with reference to item 10. He stated the copy of the Comprehensive Plan is the incorrect version. Open space is not the issue, what is the issue is clustering and what constitutes it. Mr. Michael Jacquin area businessman addressed the Board with regard to Kings Highway Industrial Park and the trouble with the signalization. He stated he has several projects that may be impacted by item 10. Ms. Jean Hearn, Indrio Road resident and St. Lucie Waterfront Council representative addressed the Board in objection to the Harbour Point Spoil Disposal Site and presented the reasons for the Council’s objection. She also addressed the Seaport Dredging Project Application. Mr. Jim Causio, area resident, addressed the Board with regard to open space and clustering . He had purchased property in the AG-5 zoning and is unclear how the opens space requirements are set. He stated his property would lose 50% of its economic value if they utilize the code as it stands today. 1 Mr. Craig Mundt, North Beach resident, addressed the Board with regard to a strip mall that is in need of repair due to heavy damage. The new owner has not repaired the building and a demolition permit was issued and nothing has happened. He requested the Board ask the Code Enforcement Board not to give any extensions. The Chairman advised Mr. Mundt the BOCC does not have authority over the Code Enforcement. The County Administrator advised the Board he would look into the matter. 4.CONSENT AGENDA Com. Grande requested item C2-A be pulled. He has questions on the appraised value of the property. The parcel is appraised at $100.00 and pays $2.00 in taxes. Ms. Joanne Riley, Acquisitions Manager advised the Board 2 appraisals were performed and felt the price was at a fair market value. It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda with items C-3C and C2-A being pulled, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 27. 2.COUNTY ATTORNEY A.Florida Communities Trust- Heathcote Botanical Park/FCT Project 04- 045FF4 – Option Agreement for Sale and Purchase Stewart Tax I.D. # 2422- 112-0001-000-3 FCT $11,700.00, SLC $3,900.00 This item was pulled. B.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. C.Automated Services Inc.- Third Amendment to Lease Agreement - The Board approved the proposed Third Amendment to the Lease Agreement with Automated Services, Inc., and authorized the Chairman to sign the amendment upon receipt of the signed originals from the Lessor. D.Resolution No. 07-118 Extending State of Local Emergency- Ban on Open Air Burning in St. Lucie County- The Board approved Resolution No. 07-118 and authorized the Chairman to sign the Resolution. E.Contract for Sale and Purchase- Harmony Heights Stormwater Improvement – Thomas Caplin Jr. The Board approved a Contract for Sales and Purchase from Thomas Caplin Jr., for the purchase price of $94,000, authorized the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. F.Ordinance No. 07-005 Illicit Discharge & Connection- The Board granted permission advertising Ordinance No. 07-005. G.TVC Stipulated Settlement Agreement with the State of Florida Department of Community Affairs- The Board granted permission advertising a public hearing on May 1, 2007 to consider the Settlement Agreement. 2 3.PARKS AND RECREATION A.Award of Bid # 07-039 Ravenswood Splash Park Request for Additional Funding- The Board approved the re-allocation of $350,000 from the Fairgrounds Improvement Park ‘B” allocation and approved the use of $143,837 from available Park “B” funding for a total of $493,837 to cover the funding deficit for Ravenswood Splash Park, approved awarding of Bid # 07- 039 to Barth Construction Inc., the lowest responsive bidder, in the amount of $999,480 to approve the contract as drafted by the County Attorney and authorized the chairman to sign. B.Approve Change Order No. 1 AWM Construction, Inc..- Fairgrounds Storage Building- The Board approved Change Order No. 1 in the amount of $3,881.40 for AWM Construction, Inc., (the new contract sum including this Change Order will be $127,931.40) and authorized the Chairman to sign. C.Approval to Piggyback the City of Jacksonville’s Contract with Bliss Products – Playground and shade Structures- Lawnwood complex- Approve Contract- This item was pulled. D.Elks Park Project City of Ft. Pierce Permitting Fees- The Board approved $4,825 from the Parks Infrastructure account to satisfy the city of Ft. Pierce permitting fee. E.Concrete pathway at South Causeway Park- CIP07-102 & Budget Amendment BA07-052- The Board approved Budget Amendment No. BA 07-052& CIP07-102 and authorized pouring a 3’x136’ concrete path at South Causeway Park in the amount of $2,913.00. 4.PARKS REFERENDUM Award of Bid No. 07-030 Ilous Ellis Basketball Cover- Request for Additional Funds - The Board approved awarding Bid No. 07-030 Ilous Ellis Basketball Cover to T&G Constructors the lowest responsible, responsive bidder in the amount of $636, 961.00 Approved the contract as drafted by the County Attorney and authorized the Chairman to sign , approved the use of $181,925 from Park Referendum funds to cover the project budget shortfall. 5.COMMUNITY SERVICES Approval for Community Services Technician Position (position request POS07-063) and Equipment Request EQ 07-323- The Board approved the addition of a grant funded Community Services Technician and approved the Equipment Request for the purchase of a computer for staff hired into this position; approved hiring staff to fill the position and authorized the Chairman to sign all necessary documents. 6.INVESTMENT FOR THE FUTURE A.Parks and Recreation- Pepper Park –Resurface Basketball Court The Board approved the Pepper park basketball courts resurfacing project and the use of $10,000 from Investment for the Future Funds for repairs/resurfacing. B.Central Services – Bid Waiver and Sole Source Declaration- Siemens Building Technologies, Inc.- The Board approved the bid waiver and sole source declaration to Siemens Building Technologies, for the APOGEE Energy Management System upgrade in the Courthouse at a cost of $59,810.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. C.Central Services- Approval of Bid No, 07-037 Gotcha Covered Flooring Installations, Inc., - The Board approved Bid No. 07-037 – Gotcha Covered 3 Flooring with a total bid price of $43,882.20 to install floor covering (remove and dispose of carpet and install Mannington Assurance Flooring) at the Tax Collectors office, and authorized the Chairman to sign the contract as prepared by the County Attorney. D.Parks and Recreation- Elks Project- Additional Funding Request- FPUA Impact Fees- Fire Sprinkler Water Service- The board approved the use of $61,345.43 from Investment for the Future funds to cover FPUA Impact Fees, sprinkler system, fire alarm and water line costs at Elks Park. 7.PUBLIC WORKS A.Road and Bridge Division- Equipment Request EQ07-320 to purchase one new enclosed Trailer from Cars Unlimited - The Board approved Equipment Request EQ07-320 to purchase one new enclosed Trailer from Car Unlimited in the amount of $3,850.00 each. B.Acceptance of Budget Resolution No. 07-109 in the a mount of $250,000 from SFWMD for Lakewood Park Canal Control Structure- Stormwater Drainage and Water Quality Improvement project- the Board approved Budget Resolution No. 07-109 in the amount of $250,000 from SFWMD for Lakewood Park Canal Control Structures. C.Change Order No. 3 and final in the amount of $475,820.68 - The Board approved Change Order No. 3, and final in the amount of $475,820.68 accepted the project released retainage in the amount $245,590.11 and make final payment in the amount of $750,000.00 to Hubbard Construction for the construction of the Indian River Drive South Project. 8.ADMINISTRATION A.Approve the submittal of a revised grant application to the Florid Ports Council for funding of $4,650,000 for the Taylor Creek dredging project. The Board approved the submittal of the revised grant application to the Florida Ports Council for increased funding of $1,206,000 in funding for the Taylor Creek project. The Board also approved the required matching funds for the grant and the acceptance of the grant if it is awarded. B.Appointment: The Board ratified Com. Coward’s appointment of Greg Burke to the Smart Growth Advisory Ad Hoc Committee. 9.PUBLIC SAFETY Resolution No. 07-117 County emergency Management Preparedness and Assistance Trust Fund Program Base Grant Federal match portion- The Board approved Budget Resolution No. 07-117 and authorized the Chairman to sign. 10.CENTRAL SERVICES A.Edlund Dritenbas Binkely Architects & Associates- Sixth Amendment to September 1, 2003 Agreement (C03-08-520) New Clerk of Court Building- The Board approved the Sixth Amendment to C03-08-520 Edlund Dritenbas Binkley Architects-New Clerk of Court Building, to change the construction Phase Completion Date on the Project Timeline to December 31, 2007 and authorized the Chairman to sign the Amendment as prepared by the County Attorney. B.Purchase of Judges chair and side chairs for courtroom space at the South County Annex- The Board approved the purchase of 1 Judges chair and 56 side chairs for the courtroom space located at the South County Annex at a cost of $8,631.44. 4 11.AIRPORT Joint Participation Agreement with the FDOT- the Board accepted the FDOT Supplemental Joint Participation Agreement for the design and construction of parallel Runway 9L/27R increasing the grant amount by $93,358 and the local share by $93,358 or $186,716 increasing the total grant to $564,266 for the St. Lucie County International Airport and authorized the Chairman or designee to execute the JPA and Resolution No. 07-119. 12.INFORMATION TECHNOLOGY Request board approval to retain managed services for Spam filtering, Anti-Virus & e-mail archiving under state contract # 973-561-06-1 in the amount of $54,375.00- The Board approved the request to retain managed services . 13.COMMISSIONER GRANDE Public Art and Design Committee- The Board ratified Com. Grande’s appointment of Christina De La Vega to the Public Art and Design Committee. REGULAR AGENDA RA-1. COUNTY ATTORNEY GeoPlasma Development Agreement- Consider staff recommendation to approve the Agreement and authorize the Chairman to sign the Agreement. The County Attorney reviewed this item and the letter dated March 28, 2007 with the April 8, 2007 supplements included. Staff recommended approval of the revised agreement. Mr. David Dee, Consultant, reviewed the draft development agreement changes and the highlights. He stated this document was the frame work to move forward commencement of construction and this will not come into light for one year. He also addressed the causes for termination by the County and stated the emission levels would be well below the minor source and there will be monitoring of the mercury levels. Mr. Randy Cotrell, Financial Counsel for GeoPlasma addressed the Board. Dr. Hillstad addressed the Board and stated they accept the conditions in the agreement developed by Mr. Dee. Mr. Don Elias, RTP Environmental Resources stated he had reviewed the material and applicable regulations and believes it represents new technology and advancement in the field. Com. Coward stated he supported the project contingent on the community saving the environment and the limits needed to be requirements which needed to be met. At this time the gavel was passed to Vice Chairman Smith, it was moved by Com. Craft, seconded by Com. Lewis, to approve the revised agreement, and; upon roll call, motion carried unanimously. 8.ADMINISTRATION Rural land Stewardship Area Proposed Timetable- Consider staff recommendation to discuss the projected timeline chart. The Assistant County Administrator addressed the timeline chart and the narrative provided for the Board’s review. 5 The Assistant County Administrator advised the Board in a late conversation with the development team, they seemed to have come to compromise with regard to the submission of the SSA and the SRA. Staff had not agreed to submitting both applications at the same time. However, as it is proposed today, concurrent submission of the application with review of the SSA upon submission and delaying the review time of the SRA for 35 working days. The development team has worked in the spirit of cooperation and has agreed to extend its time frame. Com. Grande stated he felt the SSA and the SRA should come back to the Board for approval at the same meeting. The Asst. County administrator stated she did not believe the SRA can be approved prior to the SSA. Com. Grande stated he was not suggesting one before the other but was suggesting the Board review them both consecutively. Com. Coward stated there has been a DRI submitted and the number of units have been established, the sequence in which these have been submitted does not make sense. He believes the DRI should not have been submitted without determining the SSA or SRA numbers. Com. Grande asked if there was a valid reason not to bring them back at the same time. The Assistant County Administrator stated she believed they could bring them back to the Board at the same time. Com. Craft stated he felt both applications were subjective and he did not necessarily have an issue with reviewing them both at the same time, but he is not sure it makes sense either way, staff still has to review both of them. Com. Grande stated he believed they should both come up for review at the same time. He stated in speaking with the representatives submitting the sending area application they indicted it was important to them the Board approve the sending area independent of the receiving area and it frightens him because they may wind up with someone out there holding credits and if they did not approve the receiving area at the same time there would be no where for those credit to be applied. Com. Lewis stated she was concerned with the receiving area. She felt they needed to approve the sending area and felt it does not require the approval of both at the same time. Mr. Ernie Cox , Family Lands Remembered, stated the applications submitted would be a stewardship sending area application on the Adams Ranch which would create credits exclusively for Cloud Grove . That application is 12,000 acres approximately and they would be able to give a number of credits generated as soon as they got the exact acreage. In order to do a 5,000 acre town they need 35,000 credits. They will submit an application for the 35,000 credits and this would be reviewed by County staff and the outside consultant and they would reimburse the County for that review and they will tell the County whether the acreage will generate 35,000 credits. If it does not generate 35,000 credits then they would need to add additional acreage or build a smaller town. Once the SSA is being reviewed then the SRA review process would begin. The credits cannot be utilized anywhere outside the specified Rural Stewardship Lands overlay in the Comp Plan. The County Attorney concurred with the comment made by Mr. Cox. Com. Coward expressed his concern with the creation of bonuses. Chairman Craft requested a consensus from the Board whether to hear the SSA’ s and the SRA’s together or separate. 6 Com. Lewis – felt it does not require hearing them at the same time. Com. Smith – would like to hear them together Com. Craft – would like to hear them together Com. Grande – would like to hear them together Com. Coward – would like to hear them together Com. Coward stated he would like the DRI time frame and if there would be adequate time to review it after the SSA and SRA. The Assistant County Administrator addressed the DRI question. Mr. Cox stated it was always anticipated the Stewardship receiving area application and the DRI application, the SRA vote being up or down and the DRI vote being up or down, would take place at the same meeting. It may be possible to have all three, (SRA, SSA and DRI) at one public hearing. Com. Grande requested the RPC give us very basic compliance with the Comp Plan remarks which generally wind up as proposed conditions condition and also provide commentary letter from their reviewing personnel. Com. Coward requested staff be provided adequate time to review all the steps thoroughly and be able to make modifications. The Assistant County Administrator stated she would provide an update on the timeline as to where they are. No action required. 9. ADMINISTRATION Agreement for Assignment- County Administrator Acquisition of Sam’s Club- Approve the Agreement for Assignment with Wolf Acquisition Corp, authorize the Chairman to execute the Agreement contingent upon the Phase II Environmental Site Assessment and directed staff to close the transaction and record the documents in the Public Records of St. Lucie county, Florida. The County Attorney advised the Board Page 2 of the agreement needed to be corrected to reflect an additional $350,000 deposit required on or before April 20, 2007. It was moved by Com. Lewis, seconded by Com. Smith, to approve the Agreement as amended, and; upon roll call, motion carried unanimously. 10. GROWTH MANAGEMENT Request for direction regarding Board policy and comprehensive plan interpretation regarding open space and clustering in Agricultural 2.5 and 5 Planned Unite Developments- Consider staff recommendation to discuss the comprehensive plan and code requirements for open space and clustering in AG PUD’s and provide guidance to staff. The Growth Management Director addressed the Comp Plan interpretation issue. In the requirement for open space, the question is how it is defined. 35% of the 80% must be common open space for PUD’s over 160 acres. The County Attorney encouraged the Board to separate the project and deal with the policy issue. 7 The County Attorney stated in 1989-1990 when the County adopted its comprehensive plan, they wee advised by the State of a notice of non-compliance. The state was concerned about AG density. The State said the County needed to add provisions for clustering and open space. He recommended placing specific standards to make it clear what the intent is. The State’s policy on clustering and open space is strong. Com. Coward stated he has been in contact with the county Attorney for the past year with concerns on this issue. Com. Coward stated clustering was needed for larger developments. They have never said backyards can be used. It was clear they wanted to have clustering and not allow large scale ranchette projects out west and this is what DCA stated. Com. Coward stated he would like to clean up the language so there is no misinterpretation. Com. Craft stated the definition of “yard” needed to be changed. Com. Coward stated the County Attorney’s legal opinion gave the Board’s intent and no where does the material state “back yard”. Com. Craft stated attempting to travel down a road to define intent is difficult and this is way too vague and this code needs to be amended to collectively say what the Board’s intent really is. Com. Smith stated he believes they changed the rules and this is where they need to go back to. The idea of cluster development as defined is exactly that and any thing else needs to be defined by this Board. The Growth Management Director suggested on page 7 – 8 in the paragraphs state, “ Open Space and PUD’s exclude yards”. Com. Grande stated the applicant should update their applications and bring it forward. Com. Lewis stated she has a fairness issue problem. There are applicants who have been in the process for a while. Com. Coward stated he felt this needed to be cleaned up sometime ago and staff needed to work with the applicants and would like to explore other alternatives. The County Attorney stated the Board needed to make a recommendation on a case by case basis, he recommended not looking at past projects they will need to come back on a project by project basis. Com. Coward suggested finding creative ways to help the applicants with projects already in the process. Com. Grande recommended having a discussion in the future regarding mixed use. There being no further business to be brought before the Board, the meeting was adjourned. ____________________________ Chairman ________________________________ Clerk of the Circuit Court 8 9