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HomeMy WebLinkAboutBOCC Minutes 04-03-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 3, 2007 Convened: 6:00 p.m. Adjourned: 12:43 a.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Heather Young, Asst. County Attorney, Robert Nix, Growth Management Director, Beth Ryder, Community Services Director, Vanessa Bessey, Environmental Resources Director, Leo Cordeiro, Solid Waste Director, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Smith, seconded by Com. Coward, to approve the minutes of the meeting held March 27, 2007 and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Resolution No. 07-113- Proclaiming April 2, 2007 through April 8, 2007 as “Public Health Week” in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Grande, to approve Resolution No. 07- 113, and; upon roll call, motion carried unanimously. 3.GENERAL PUBLIC COMMENTS Mr. Tom Ladomirak, Port St. Lucie resident, addressed the Board and asked the Board to attempt to resolve the utility issue with City of Port St. Lucie without litigation. He also addressed the GeoPlasma plant and expressed his concerns with the liability should contamination occur. He advised the Board he was in favor of the Trauma Unit however he felt it was not the proper time to have a referendum. He asked the Board to postpone the referendum vote until the State has made a decision on the property tax issue. Mr. Rene Artiaga, President of the Chamber of Commerce, read a letter from the Chamber stating their position on the Trauma Center referendum proposed. The letter indicated support for the referendum. Mr. Sean Mitchell, Port St. Lucie resident addressed the Board in favor of the Trauma Center. Mayor Bob Benton, City of Ft. Pierce, addressed the Board in favor of the Trauma Center and requested the Board’s support. Mr. John Arena, Ft. Pierce resident, addressed the Board with regards to the Spur Jetty and the use of geo cloth being placed to hold the rocks. He also addressed the installation of the cloth. Mr. Calvin Thompson, St. Lucie Medical Center Director addressed the Board in favor of the Trauma Center and its advantages to the Port St. Lucie Hospital and added staff. 1 Mr. Harold Phillips, representing the Conservation Alliance addressed the Board with regard to the GeoPlasma plant and expressed their concerns about the unknown emissions risks. He asked the Board monitor the emissions 24/7 and place the results on web site for the general public. Mr. Carl Williams, Marina Drive addressed the Board in favor of the special election for the Trauma Center. Ms. Doris Tillman, Main Street representative, addressed the Board in favor of the Trauma Center. Mr. Raymond Monterosso, Wheeler Ave., resident , addressed the Board and expressed his concern with the GeoPlasma plant and the water that would be utilized to produce the steam. He also addressed the Trauma Center and felt it should have gone through the normal process to petition for a referendum. 4.CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda with item C-4 pulled and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 26. 2.COUNTY ATTORNEY A.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. B.Resolution No. 07-111- Extending State of Local Emergency – Ban o Open Air Burning in St. Lucie county- The Board approved Resolution No. 07-111 and authorized the Chairman to sign. C.Resolution No. 07-115- Urging Congress, the Florida Legislature and the Governor to oppose House Bill 529 which eliminates local government authority to require franchises, licenses or any other form of agreement from any provider of communication or telecommunication services; including but not limti4ed to cable and video service providers using the public right of way - The Board adopted Resolution No. 07-115 as drafted. 3.ADMINISTRATION/MEDIA Budget Amendment No 07-051 and Equipment Request No, 07-319 totaling $22,000 for upgrades to the SLCTV Production Control Room- The Board approved Budget Amendment No. 07-051 transferring $22,000 from the General Fund Contingency to the Machinery and Equipment account noted and approved Equipment Request No. 07-319 for upgrades to the SLCTV Production Control Room. 4.SUPERVISOR OF ELECTIONS Resolution No. 07-110 which would Amend Resolution No. 06-209 by subdividing Election Precinct 22 and creating Election Precinct 66 and further by changing the polling locations for Election Precincts 25,43,64 and 86. This item was pulled per the request of the Supervisor of Elections. 5.PURCHASING A.Second Amendment to Contract C06-05-346 with Snappy Auto Care, Inc.- The Board approved the second amendment to Contract C06-05-346 with Snappy Auto Care Inc., for maintenance services for cars and pickup trucks 2 and authorized the Chairman to sign the amendment as prepared by the County Attorney. B.Permission to negotiate fees with Engineering firms short listed from Request For Qualifications # 07-032 and if negotiations are successful, award continuing contracts to those firms to perform Engineering services for the St. Lucie County International Airport.- The Board approved negotiating fees with the Engineering firms short listed from RFQ 07-032 and authorized the Chairman to sign the contract as prepared by the County Attorney. C.Second Amendment to Contract C04-02-101 with Blue Water Marine for the construction of Fishing Pier and Crabbing Docks- The Board approved the Second Amendment to Contract C04-02-101 with Blue Water Marine exercising the second one year renewal option, allow the 5% increase and permit the Chairman to sign the Amendment as prepared by the County Attorney. D.Permission to advertise and issue- the Board approved the request to advertise and issue: 1) A Request for qualifications to pre-qualify a short list of contractors who will be eligible to bid to perform the construction of the new Emergency Operations Center 2) issue the invitation to bid to the pre-qualified contractors. 6.GRANTS A.Amendment to Contract C05-11-588- The Board approved the amendment to Contract C05-11-588 to increase a grant award by $24,500. The initial grant from the Florida division of Forestry, was for $100,000 for removal of exotic plants from Vitolo Park and to replant the area with native vegetation. The additional funds will be utilized to expand the exotic removal and re-planting area. B. Approve the submittal of a grant application to the FDOT Safe Routes to School Program- The Board approved the submittal of the grant application to the Florida Department of Transportation Safe Routes to School Program and acceptance of the grant if funding is awarded. 7.CENTRAL SERVICES David Brooks Enterprises, Inc.- Contract No. C05-12-636- Construction of the New Clerk of Court Building- Change Order No. 10- The Board approved Change Order No. 10 to C05-12-636- David Brooks Enterprises, incorporating the changes to the contract and increasing the contract sum an additional $140,938.00. 8.INVESTMENT FOR THE FUTURE Atlantic Painting & Sandblasting/Waterproofing of State Attorney’s Office Empire I- The board approve re-allocating $900.00 from Central Services Project Reserves, amount needed to make available $74,900 total cost, approved to accomplish this work through Bid No. 07-010 . 9.UTILITIES Staff requests approval of Change Order No. 5 with Danella Companies, Inc., for construction services related to the Midway Road Water Main Extension project in the a mount of $27,984.35 and an extension of 60 days to the contract- The Board approved Change Order No. 5 with Danella Companies, Inc. REGULAR AGENDA 3 5.A GROWTH MANAGEMENT (28:49:12) Petition of Mission West, LLC for a change in zoning from the AR-1 zoning district to the PUD – Mission Oaks Subdivision zoning district- Consider staff recommendation to approve Draft Resolution No. 07-053, subject to 9 limiting conditions. The Growth Management Director reviewed this item and advised the Board the applicant had reduced the number of lots to 15 rather than 17 as originally proposed. The two northern lots are larger. He alluded to the added conditions to Resolution No. 07-053. Com. Coward questioned how this project would set a precedent in relation to the TVC rules and implementation. Density is not being given away for free any longer up to the density allowed and developers must participate in the TVC in order to receive an increase in density. The Growth Management Director advised the Board the TVC Plan Amendment is not yet in compliance. The TDR Regulations are not enforceable because they are not effective until the TVC Plan Amendment is in compliance, the TVC Land Development Regulations which are in effect today but conflict with the existing Comp Plan that cannot be implemented and the extent they don’t conflict they have to implement them, and also the Stop Gap Ordinance has expired. Staff has looked at the project and applied the applicable and enforceable TVC Regulations and current Comp Plan as well as the current Land Development Regulations as they have had to do so. They have complied with the applicable provisions of the TVC and the LDR’s and felt they do not have a vehicle to recommend denial until the amendment becomes effective. Com. Lewis stated this was a uniquely situation property and a unique size and felt they were making an attempt to embody the spirit of the TVC . Mr. Jonathan Ferguson, Ruden McCloskey Law Firm and representing the petitioner, addressed the Board and stated it was their opinion the project was 100% consistent with the existing Comprehensive Plan, the existing Land Development Code, the TVC Land Development Regulations that are in effect that at this point can be in effect. In their opinion they submitted an application prior to the Stop Gap Ordinance being adopted, prior to adoption of the TVC Element. The stop Gap Ordinance was adopted and it did affect this project by its terms. They did seek counsel and were told they would probably not qualify for a waiver and this was why they did not apply for it. It is their opinion this project meets 100% of the TVC Land Development Regulations. Mr. Ferguson discussed the density issue and alluded to policy 3.1.2.5. It is their opinion they have the right to apply for a PUD re-zoning according to the County’s existing PUD regulations for properties small in size in the TVC area as long as the PUD for the project complies with the TVC LDR’s and this project is 100% in compliance with the TVC LDR’s. Mr. V. Wyatt, Johnston Road resident, addressed the Board and expressed his concern with the possibility of having a septic problem in the future since the land is 32” below grade. He felt there were too many houses for the property. Mr. Jay Maycumber, Indrio Road resident, addressed the Board and asked them to consider denying this request and felt it would set a precedence. Mr. Tom Ladomerak, Port St. Lucie resident, addressed the Board and felt the project may go in the opposite direction it is intended. QUASI JUDICIAL The Board members disclosed meeting with the applicant and Com. Coward stated he had a met with the RPC staff. 4 Com. Coward stated he would to have the guidance from the RPC on his project in writing. Com. Craft suggested having a continuance on this issue to resolve the questions and concerns with regard to the TVC regulations. The Asst. County Administrator stated at the last Board meeting staff had brought forth a proposal to enter into an interlocal with the RPC specifically for these types of reviews and as part the Board agreed all proposals submitted within the TVC area regardless of st the date of submission would be subject to that proposed fee schedule effective April 1. rd It being April 3, she believes this proposal should be held to that fee schedule. If the Board considers a continuance, she requested it not be brought back to the Board until that TVC fee proposal is adopted. The County Administrator and that Asst. County Administrator advised the Board they had provided their final comments to the County Attorney today. The Asst. County Administrator stated the RPC has spent considerable amount of time reviewing this and if this review time is not covered by the developer, then in turn it is covered by the County and this is a position she could not support. Mr. Jonathan Ferguson requested a condition be added that they pay whatever the fee turns out to be when they receive the agreement. It was moved by Com. Grande, seconded by Com. Coward, to continue this item on May 15, 2007 at 6:00 p.m. or as soon thereafter as it may be heard. 5.B COUNTY ATTORNEY Ordinance No. 07-010- Animal Registration- Establishing Animal and Breeder Registration- Consider staff recommendation to adopt proposed Ordinance 07-010. The Assistant County Attorney addressed the Board and reviewed the fee schedule. Ms. Nancy Tinsley, Breeder addressed the Board with regard to the $75.00 fee and felt it was too high an amount per animal. She suggested an occupational be required for breeders. Ms. Marilyn George, Dogs & Cats Forever, addressed the Board in favor of the ordinance and requested the Board consider requiring if a dog is impounded more that one time, they would be required to be spayed or neutered before returning them to the owner. She also requested the fee be kept high for females. Ms. Andrea Nicholson, Volunteer Dogs and Cats Forever, addressed the Board in favor of the ordinance. Ms. Janet DePage, Palm Beach County Animal Control Officer addressed in the Board in favor of the Ordinance. Ms. Pam Stevenson, FFA Road resident, addressed the Board in favor of the ordinance Mr. Frank Andrews, Humane Society Director , addressed the Board in support of the concept of differential licensing. He pointed out the lifetime fee may cause confusion for those who may not remember their pets need their shots on a yearly basis. Dr. Dana Jewelrette, addressed the Board and requested the county enforce education on rabies and spay and neutering. 5 Mr. John Petty United Way for Animals, addressed the Board and advised them of the statistics for a similar program in LA. County. He encouraged animal control to be pro- active and look for violations. Mr. Tom Ladomerak, addressed the Board and asked them to contact the cities and request their participation. Ms. Terri Ann Polumbo, President United Way for Animals, read letters of support. Ms. Gay Avasella, Dogs and Cats Forever, advised the Board they presently have 130 animals and have had to turn away others. Ms. Susie Caron, Indrio Road resident, addressed the Board in favor of the ordinance. Mr. Craig Mundt, N. A-1-A resident, speaking for his wife Mary Chapman, addressed the Board and stated she endorsed the animal registration act. It was moved by Com. Grande, seconded by Com. Smith to approve Ordinance No. 07- 010 with the change that therapy dogs be charges the same as service dogs, and; upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY Resolution No. 07-077 Establishing a Fee Schedule for Animal and Breeder Registration Consider staff recommendation to adopt proposed Resolution No. 07-077 as presented and staff further recommends that the Board review the success of the registration program and the fee schedule on or before August 1, 2008. It was moved by Com. Grande, seconded by Com. Lewis, to approve Resolution No. 07- 077 with the change with regard to the rate for sterilized animals and the correction in the letters as stated by Com. Grande, and; upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY Development Agreement with Geoplasma- Consider staff recommendation to approve the Agreement and authorize the Chairman to sign the Agreement. This item was pulled and will be continued. 8. COUNTY ATTORNEY Trauma Care MSTU- Staff recommends the Board : 1.Determine whether to adopt Resolution No. 07-094 directing the Supervisor of Elections to place the question of creating a County-wide MSTU for trauma care ob the June 12, 2007 special election ballot, subject to receipt of a signed agreement from Lawnwood agreeing to pay all of the costs of the June 12,2 007 special election. 2.Determine whether to authorize staff to advertise a public hearing on whether to adopt Resolution No. 07-093 for June 19, 2007 at 6:00 p.m. or as soon thereafter as it may be heard. The Assistant County Attorney reviewed this item. Com. Coward questioned if the municipalities were in favor of the proposal. He also expressed his concern with the termination clause. He stated he had some uneasiness with some of the issues brought forth by the e-mails received with regard to taxpayer subsidy and why not have the other neighboring counties residents contribute since it will be a regional facility. The only comfort he has is that the voters will decide this item and 6 with that he would prefer having the referendum during a general election in ‘08’ when there are more voters apt to vote. He would like to have full public involvement. Com. Smith stated he felt voters should make every effort to vote on any election not just a general election. He requested information on binding versus non-binding referendum. Ms. Beth Williams, Director of Public Relations Lawnwood Regional Center addressed the Board on this item. Ms. Williams stated this project would be capped at ¼ mil. The state has already accepted Lawnwood’s application. Com. Craft questioned if Lawnwood was willing to accept a 10 year sunset on this referendum. Ms. Williams stated they were in agreement with the 10 year sunset and this would give them an opportunity to let the public see the service this center would provide and then possibly go back out for another referendum to extend the time if needed. Com. Coward expressed concern with the termination provision. The Asst. County Attorney stated she would discuss this issue with the County Attorney. Dr. Jerry Ernsen, Pediatric Physician, addressed the Board in opposition to the special election. He stated the cost for these types of centers is excessive. Also he felt there would be a problem with staffing 24/7 and felt neighboring counties should contribute. He stated it is a known fact that Trauma Centers have lost on the average of 92 million dollars. Ms. Diedra Peterson, area resident, addressed the Board in favor of the Trauma Center and advised the Board her mother a former employee of the County was in an accident and had to wait a considerable amount of time before being transported to a Trauma Center in Palm Beach County. Ms. Ginger King, S. Hutchinson Island resident addressed the Board in favor of the Trauma Center. Dr. Jasarovik, Medical Director of the Trauma Center, addressed the Board’s question and the need for the Trauma Center in the area. Mr. Ed McIntosh, Nettles Island resident, addressed the Board in opposition to the taxpayers paying for this center. He felt the people were already dealing with high property taxes and the county has not considered as yet to lower the budget by 20% as requested. Mr. Billl Ardy, 296 Nettles Blvd., addressed the Board in opposition to the taxpayers paying for the center. Mr. Gary Dundis, Ft. Pierce resident addressed the Board and sated now was not the time to adopt the Resolution since presently everyone is in a tax revolt state. Ms. Dicey Jones, Emergency Room Nurse, addressed the Board in favor of the center. Dr. Bobbi Conte, 8266 Riviera Way, addressed the Board and stated regional collaboration would be needed. A report on Trauma Centers was given and she recommended a workshop on Trauma system needs. Mr. Bob Bailey, St. Lucie County resident, addressed the Board and stated although he felt they needed a Trauma Center, but felt not at the Taxpayers expense. He asked the resolution be tabled until the general election. Mr. Craig Mundt, Hutchinson Island resident, addressed the Board and asked this be deferred to another time. 7 Mr. Tom Ladomerak, addressed the Board in favor of the Trauma Center however, he did not believe June was the appropriate time to have the referendum. Dr. David Fromag, Urologist at Lawnwood addressed the Board but did not state his position on the Center. He presently resides in Indian River County. Mr. Nick Theodore, Port St. Lucie resident, addressed the Board with reference to application submitted by Lawnwood and the possibility of the tax continuing forever. He is not in favor of the taxpayers paying for the Trauma Center. Mr. Vernon Smith , N. A-1-A resident addressed the Board in favor of the Trauma Center and stated it was important to have a facility and the extra level of care available in St. Lucie County. Ms. Marjorie Humphreys, employee of the hospital, addressed the Board in favor of the Trauma Center. Mr. Jeff Furst, Property Appraiser, addressed the Board and stated he is concerned with much of what he had heard today. He advised the Board of this conversation with people in the county advising him they cannot afford to pay their property taxes and other expenses. He alluded to the existing 20 taxing entities on the trim notices and the county is now talking about adding another one. He stated there are some people in the county that are over taxed. Mr. Havert Fenn, addressed the Board in favor of the Trauma Center and stated the county needed to have dialogue with the neighboring counties. Ms. Pamela Hammer, Reserve resident, addressed the Board and stated she did not agree the Trauma Center being provided at the taxpayers expense. Com. Lewis stated the state does not fund Trauma Centers and she felt the county would be benefiting from the Trauma Center. She would not consider it herself to be placed on the tax bill but would ask the taxpayers to decide. Com. Smith stated he would like to know the millage rate in Indian River County and Martin County. He felt it is an issue of continuity of governments and supports it going to the voters. Com. Grande stated the people have to bare the burden and make the final decision, but he cannot support his going to referendum as yet. He felt it was not fair to put it out with so many answers still needed. Com. Coward stated what is happening now with Homes and St. Mary is not appropriate. He is questioning the process and feels this is being rushed through. He would like to work with the surrounding counties and residents. Com. Craft stated he was not comfortable with the termination clause and felt the people needed to decide this issue. He would like to delay action for two weeks until this issue is clarified by legal staff. It was the consensus of the Board to continue this item on April 24, 2007. There being no further business to be brought before the Board the meeting was adjourned. _________________________ Chairman ___________________________ Clerk of Circuit Court 8 9