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HomeMy WebLinkAboutBOCC Minutes 06-05-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 5, 2007 Convened: 6:00 p.m. Adjourned: 8:30 p.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, Dan McIntyre, County Attorney, Don West, Public Works Director, Debra Brisson, Parks and Recreation Director, Beth Ryder, Community Services Director, Neil Appel, Purchasing Director, Robert Nix, Growth Management Director, Jeff Furst, Property Appraiser, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the meeting held May 22, 2007, as corrected with regards to item 7 and the final vote, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS None scheduled 3.GENERAL PUBLIC COMMENTS Mr. Michael Jacquin, Jacquin & Sons, addressed the Board with regards to his protesting his denial of an RFQ and being disqualified for not attending a pre bid meeting. The County Attorney stated staff would compile all the necessary information and return to the Board. Mr. Jonathan Ferguson addressed Ordinance 07-031 which he felt was going through the process quickly. He requested the Board slow down the process. He felt it had significant consequences for all property interests and felt it was due the same respect, consideration and public debate the other comprehensive plan amendments had received. The Chairman pointed out this was the item the Growth Management Director had requested meeting with each Commissioner on. The Growth Management Director stated he did not have a problem in looking at it further but wished to discuss it with everyone since the Board had given staff direction. The Plan Amendments would be back before the Board after budget session. The Chairman stated he would like to discuss this further after the Growth Management Director meets with all the Commissioners. Mr. Ferguson stated he was not aware of a reason why the amendments had to be rushed through and asked the Board could give them the time needed for review. Mr. Kevin Griffen, attorney representing applicants on an item on the Consent Agenda, requested the Board to vote in favor of the request. 1 Mr. Craig Mundt addressed the Board regarding a public forum on June 11, 2007 with regards to the Trauma Center and stated there had been little advertising about this issue and asked if there would be more information on SLCTV about the forum. The Media Manager addressed Mr. Mundt’s questions and advised him of the format being proposed. Com. Coward stated the Board should not weigh in on this issue and believes staff can handle the format for this issue. However he does feel a basic presentation should be made. The Chairman advised Mr. Mundt he would make sure the information was presented on SLCTV. Ms. Pamela Hammer, The Reserve, addressed the Board with regard to a forum held at the Reserve where a Lawnwood representative attended and addressed the questions. She recommended the format they used at the Reserve. Mr. Jeff Furst, Property Appraiser addressed the Board with regard to the tentative st figures for the roll. They are required to have the final figures to Tallahassee by July 1. He also addressed the legislative meeting and stated this year would unusual. The rolls will be different than any of the other years since he has been Property Appraiser. He is hoping to have the roll done on time and wait for instructions from Tallahassee after their session. Mr. John Arena, South Beach, addressed the Board with regard to the criminal element in St. Lucie County and what he considers the miss-use of our port. Ms. Bobbi Conte, Port St. Lucie resident addressed the Board and thanked them for their support in having the Public Service Commission deny the request of FPL for a coal plant in Glades County. Ms. Susie Caron, Indrio Road resident, addressed the Board on Ordinance 07-031 and stated she had attended the meeting with developers and landowners. She felt what she got out of it was clarification of all rules and regulations had not changed. She felt the problem with the group was the interpretation of the existing codes and felt they needed clarification. 4.CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda with item CA-2 and C2-C being pulled and the addition of CA-1, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 34 and 35. 2.COUNTY ATTORNEY A. Extension 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. 07-147 Amending the Interest Rate for the MSBU Revolving Loan Program- The Board approved Resolution No. 07-147. C.Resolution No. 07-199 Ban on open air burning - This item was pulled. 3.PUBLIC WORKS 2 A.Modification to USGS contract for water quality monitoring at Five Mile Creek, increasing the amount of the contract by $896.00 from $14,583.00 to $15,749.00- The Board approved the modification to the USGS contract increasing the amount to $15,749.00. B.Engineering Division- Second Amendment to Work Authorization No. 20 (C03-05-395) with Hazen and Sawyer for Garrison Lane drainage- The Board approved the Second Amendment to Work Authorization No. 20 for the drainage improvements for a time extension through August 31, 2007 and authorized the Chairman to sign. 4.GROWTH MANAGEMENT A.Request to approve equipment request EQ07-322 and budget amendment BA 07-054 for the installation and purchase of a Smart Board- The Board approved EQ07-322 and budget amendment BA 07-054 for the installation and purchase of a Smart Board System in the Growth Management’s future remodeled DRC Conference Room. B.Agreement with Oakbridge Development LLC, to pay fee in lieu of constructing concrete sidewalks- The Board approved the Fee in Lieu of Construction Agreement with Oakbridge Development LLC and authorized the Chairman to sign. C.Petition of Velay Properties for the approval of an Agreement to Pay a Fair Share Contribution for Improvements to Seminole Road for the project known as Seminole Acres Subdivision, a proposed 7-lot subdivision- The Board approved the petition of Velay Properties for an agreement to pay a fair share contribution for Improvements. D.Petition of Velay Properties for final plat approval for the project to be known as Seminole Acres Subdivision- The Board approved the final plat for Seminole Acres Subdivision. 5.AIRPORT Request for approval of the PBS&J Work Authorization No. 22 for additional environmental services to support the permitting and completion of the Major Site Plan application for the proposed Runway 9L/27R and Parallel Taxiway for a lump sum amount of $135,857.- The Board approved PBS&J Work Authorization No. 22 and authorized the Chair or designee to execute. 6.PARKS AND RECREATION A.Fairgrounds Sanitary Sewer System Extensions Reimbursement/Forestry Division Approve Ditchdigger Change Order No. 1 and Budget Resolution No. 07-189- The Board approved Change Order No. 1 in the amount of $44,744 and Budget Resolution No. 07-189. B.Contract Approval with TS Academy Soccer- The Board approved the contract with TS Academy Soccer for use of Lawnwood Football Stadium and South County Stadium for an adult soccer program and authorized the Chairman to sign. C.Replacement of water/irrigation pump at Maravilla Park- Budget Amendment BA 07-059 and CIP # 07-103 to replace the pump at Maravilla Park in the amount of $10,928.00, the expense will be split equally with the Road and Bridge Department- The Board approve Budget Amendment No. 07-059 and CIP # 07-103. D.American with Disabilities Act (ADA) Survey/Evaluation pertaining to Tradition Field Stadium- The Board approve the transfer of credit in the 3 amount of $12,3689.00 from Hennis Construction Company, Inc., into the contingency line item and increased it to $32,368.00. 7.PURCHASING Rejection of all Bids for ITB # 07-049 Fairgrounds Office, Concession and Restroom Building Renovation- The Board approved rejecting all bids received for Bid # 07-049 due to discrepancies in specifications. CA-1. COUNTY ATTORNEY Kitterman Woods (KMJ Apartments)- The Board approved the agreement to Pay a fee in lieu of constructing a turn lane road improvement agreement(Lennard Road) and authorized the Chairman to sign the agreements. CA-2 ADMINISTRATION Authorize to hire above mid-range of the pay scale- This item was pulled. REGULAR AGENDA PUBLIC HEARINGS 5.A COUNTY ATTORNEY Second Reading- Ordinance No. 07-107 –Amend Land Development Code to provide an exemption to the requirement for a Bond for Moving a Structure. It was moved by Com. Grande, seconded by Com. Smith, to approve Ordinance No. 07- 107, and; upon roll call, motion carried unanimously. Unagendad Ms. Ida Thompson addressed the Board on a civil court issue. The Chairman asked Ms. Thompson to schedule an appointment with his office to discuss the issue further. 5.B COUNTY ATTORNEY Ordinance No. 07-036- Cardroom Gaming of Pari-mutuel Facilities- Consider staff recommendation to determine whether to adopt Ordinance No. 07-036. The County Attorney advised the Board the Governor has not signed the law and if he does it would become effective July 1, 2007. The County Attorney recommended if the Board should approve the Ordinance the language be changed to reflect the effective date on Part E as being upon filing with the Secretary of State. Mr. Edward Beck representing the applicant was present to answer any questions. It is believed there will be an estimated revenue of $4-5 million dollars per year. He stated they had discussed revenue sharing. Com. Grande questioned the revenue sharing based on an interlocal agreement and asked if the county would be participating in the state revenue sharing. The County attorney stated he reviewed the Statute and it stated it would allow the County to receive 2.5% being the entity that approved it. Com. Grande questioned if they could modify the resolution to have them come back in 2 years for review. 4 The County Attorney stated in speaking with the gaming division, they had not heard of anything requiring a review after a period of time. Com. Craft questioned if the applicant would be amenable to adding language that if there is an issue with crime, the Board would have the ability to require additional law enforcement on site. Mr. Beck advised the Board the applicant did not have a problem with the added language. Com. Coward stated he was having a difficult time with the process itself noting they have a business in the city limits and requiring the county approval as opposed to the city. Com. Coward stated he would be voting against this issue and felt it was a City of Ft. Pierce decision and felt it was not appropriate for the county to be acting within the city’s jurisdiction. He also questioned the concurrency issue on Kings Highway and how it would be dealt with in this process. Mr. Beck stated a traffic impact statement study had been performed and it was presented to the Assistant County Administrator. The report showed no impact based on the perimeters given. Com. Coward recommended the revenues should this item be approved, be dedicated back into Kings Highway in the future. Mr. Stan Morton, Cascades St. Lucie West, addressed the Board in favor of the cardroom ordinance and presented a petition to the secretary with signatures requesting approval. Com. Lewis commented in favor of the cardroom ordinance and stated giving the present situation she believes they should not designate where the revenues will be utilized. Com. Smith commented in favor of the Ordinance . The Community Services Director addressed the Board and advised them of the assistance received from the establishment after the hurricanes. It was moved by Com. Grande, seconded by Com. Lewis, to approve Ordinance No. 07- 036 with the added language regarding additional law enforcement if necessary and the language with effective date being upon filing with the Secretary of State, and; upon roll call, the vote was as follows: Nay: Coward, Aye’s: Smith, Lewis, Grande, Craft, motion carried by a vote of 4 to 1. 5.C GROWTH MANAGEMENT Petition of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC for a change in zoning form IL to PUD- Draft Resolution No. 07-045- Consider staff recommendation to continue the public hearing on this item to a date uncertain per the petitioner’s request. Com. Coward questioned the Growth Management Director’s past concern with regards to the many applications that have been lingering for some time and that this was a problem. The Growth Management Director stated there may be some cases where this may be warranted. Mr. Jonathan Ferguson, representing the applicant, addressed the Board on this request. Com. Grande stated he could not support a continuance due to the fact he felt the description of the changes were many to even make this a passable issue. He felt continuing did not make sense. He stated what would be submitted in the application would be entirely different than what they have before them today. He felt they should start the process again and first go before the Planning and Zoning Board. He believes it 5 should be dealt with today and if the applicant intends to make these changes it should start the process over again. Com. Coward stated although he was not ready to deny this project today and make it go away, he believes a date uncertain is not appropriate. He sees this as something that needs a decision made today. He stated this item is lingering without any progress noted. Many issues have been raised and the application continues to be continued and recommended 90 days to make the changes or the item will go away. Com. Lewis stated she too felt this had substantial changes and felt staff needed to have the time to review it and as long as there were issues she would agree to give them the time to a date uncertain. Com. Coward questioned the affordable housing issue and asked if they had contacted the Community Services Director or the Housing Manager. The Community Services Director stated they had not to this point contacted her office. Mr. Ferguson stated he had meetings with the staff on this issue and also had prior meetings with other applicants concerning the affordable housing issues and met with Mr. Stewart and they are now in the process of putting together the proposal. Com. Craft recommended the 90 day continuance after listening to the Board comments. Mr. Ferguson stated the changes would be made before the 90 days, however he was not sure staff would be able to review it in 90 days. Com. Craft stated it was up to him to make sure staff received the changes in time to review it within the 90 days. Com. Grande stated he would vote in opposition due to the fact he felt they have challenged the applicant to come back with significant changes and in his own mind he relies on the input of the P & Z Board. He believes anything this significant should be reviewed by the P & Z Board. It was moved by Com. Coward, seconded by Com. Smith to continue this item for 90 days, September 4, 2007, and; upon roll call, the vote was as follows; Nay: Lewis, Grande, Aye’s: Coward, Smith, Craft, motion to continue until September 4, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, carried by a vote of 3 to 2. 5.D GROWTH MANAGEMENT Petition of St. Lucie Oaks Commercial, LLC for a change in zoning from the CG and PNRD to the PNRD and Preliminary Planned Unit Development Site Plan for the project to be known as St. Lucie Oaks Commercial-PNRD Approval with the limiting conditions in Draft Resolution No. 07-002. Staff at this time advised the Board the applicant has requested this item be continued to a date uncertain. Mr. Bob Burson representing applicant advised the Board the reason for the continuance was due to the fact county staff requested a traffic consultant to review the information provided concerning the turning lane. Com. Grande commented on the various recommendations received. He suggested if they agree with the staff request to do the additional independent analysis and let it come back to the Board, then the applicant would get the best hearing they could ask for. He fully supports the staff’s request. 6 Ms. Susan O’Rourk , Traffic Engineer, addressed the staff and questioned if they needed more information from her to provide to the consultant or if the county was going to have the consultant review it as a new report. The Growth Management Director stated if the consultant needed more information, he would advise them of what would be needed. It was moved by Com. Grande, seconded by Com. Lewis, to continue this item on August 7, 2007 at 6:00 p.m. or as soon there after as it may be heard, and; upon roll call, motion carried unanimously. 5.E COUNTY ATTORNEY Ordinance No. 07-037- TVC Comprehensive Plan amendment- Consider staff recommendation to adopt Ordinance No, 07-037 and authorize the Chairman to sign the Ordinance. The County Attorney addressed the stipulated settlement agreement with the Department of Community Affairs and felt this agreement was beneficial to the County. Mr. Tom Babcock, 261 Marina Drive, and representing various property owners, addressed the Board on the proposed Ordinance 07-031. He felt the majority of the people at the meeting represented the agriculture industry. It was moved by Com. Coward, seconded by Com. Grande, to approve Ordinance No, 07-037, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. ___________________________ Chairman ___________________________ Clerk of Circuit Court 7