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HomeMy WebLinkAboutBOCC Minutes 07-03-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 3, 2007 Convened: 6:00 p.m. Adjourned: 8:55 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Faye Outlaw, Asst. County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Neil Appel, Purchasing Director, Mike Paley, County Engineer, Diana Lewis, Airport Director, Vanessa Bessey, Environmental Resources Director, Robert Nix, Growth Management Director, Mark Godwin, Criminal Justice Coordinator, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Smith, seconded by Com. Grande, to approve the minutes from the meeting held June 26, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Presentation by Mark Godwin, Criminal Justice Coordinator on Criminal Justice Data Demo and State Inmate Billing Procedure. 3.GENERAL PUBLIC COMMENTS Mr. John Arena, area resident, addressed the Board and advised them of 3 major cocaine seizures along the cost. Mr. Brad Culverhouse, Chairman of the Historical Commission addressed the Board in support of the applicants listed to fill the vacant positions on the Historical Commission. Mr. Jeff Furst, St. Lucie County Property Appraiser, addressed the Board and recommended the Board consider establishing a Health District similar to the one in Palm Beach County. He stated having a trauma center was still an important issue to consider. 4.CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda with item CA-6 pulled and the additions of CA1,2,3,4,5, and 7, and; upon roll call, motion carried unanimously. 1.WARRANTS The Board approved Warrant List No. 39. 2.COUNTY ATTORNEY A.Conservation Easement- Treasure Coast Lexus- Resolution No. 07-215- The Board approved accepting the Conservation Easement and authorized the 1 Chairman to sign Resolution No. 07-215 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. B.Contract for Sale and Purchase- Harmony Heights Stormwater Improvement- The Board approved the contract with Bessie L. William- Tax I.D. 1431-801- 0033-000/6 for the purchase price of $29,000 and Carolyn M. Watson and Angelyn Tax I.D. 1431-801-0034-000/3 for the purchase price $29,000 and authorized the Chairman to sign the contract and directed staff to proceed with the closing and record the Warranty Deeds in the Public Records of St. Lucie County. C.Ordinance No. 07-035- Road, Park and Public Building Impact Fees- Permission advertise- The Board approved advertising Ordinance No. 07- 035. D.Revocable License Agreement- Pivotal Utility Holdings, Inc. d/b/a Florida City Gas- The Board approved the Revocable License Agreement and authorized the Chairman to sign the Revocable License Agreement and Directed Florida City Gas to record the document in the Public Records of St. Lucie County, Florida. 3.PUBLIC WORKS A.Harmony Heights MSBU- Potable Water Improvement FPUA- Permission to advertise second public hearing- The Board approved advertising the second public hearing to be held August 7, 2007 at 6:00 p.m. or as soon thereafter as it may be heard. B.Approve Budget Resolution No, 07-212- Equipment Request No. 07-031- to purchase a Portable Message Board from American Signal Company in the amount of $13,700.- The Board approved Budget Resolution No. 07-212 and Equipment Request No. 07-031. C.Engineering Division –Fair Share Contribution- Mill Creek- The Board approved and accepted the Fair Share Contribution Agreement for Mill Creek and authorized the Chairman to sign the Agreement. D.Engineering Division Change Order No. 7 to the contract with Dickerson th Florida in the amount of $201,485.08 ST 615S. 25 St. Roadway Widening- The Board approved Change Order No. 7 in the amount of $201,485.08 to modify project quantities including Ft. Pierce Central High School which will require an additional 33 days and authorized the Chairman to sign. 4.PARKS AND RECREATION Irrigation Pump replacements at the Lawnwood Recreation Complex Budget Amendment BA 07-064 and CIP07-104- The Board approved Budget Amendment BA 07-064 and CIP07-104 to purchase the replacement pumps/motors at a cost of $6,000.00. 5.PURCHASING A.Staff requested Board approval to advertise an Invitation to Bid for the purchase of a Skid Steer Forestry Mower(EQ# 07-060) – The Board approved advertising an Invitation to Bid for the purchase of a Skid Steer Forestry Mower. B.Permission to issue a RFP to lease ready to build acreage lots (parcels B,C & D of Parcel ID# 1429-111-0001-000-8) located at the St. Lucie County International Airport- The Board approved advertising and issuing an Request For Proposals to lease ready to build acreage lots located at the St. Lucie County International Airport. 2 C.First Amendment to Work Authorization No. 3 under Contract C03-02-244 with Keith and Schars- The Board approved the First Amendment to Work Authorization No. 3 and authorized the Chairman to sign the Amendment as prepared by the County Attorney. D.First Amendment to Work Authorization No. 4 under Contract C03-02-244 with Keith and Schnars, P.A. – Amendment to Time Schedule and Phase Schedule- The Board approved the First Amendment to Work Authorization No. 4. 6.AIRPORT Request for approval of the DMJM Aviation Work Authorization No. 1 for professional engineering services for the Rehabilitation of Runway 9/27 at the St. Lucie county International Airport for a lump sum amount of $348,645.68- The Board approved the DMJM Aviation Work Authorization No. 1 in the lump sum of $348,645.68 and authorized the Chairman or designee to execute same. 7.GROWTH MANAGEMENT A.Request of Centex Homes, for Final Plat approval for the project to be known as Palm Breezes Club PUD- The Board approved the Palm Breezes Club Phase Two final Plat of Palm Breezes Club PUD and authorized the final execution. B.Request of Culpepper & Terpening for final plat approval for the project known as Fairways at Savanna Club (being a replat of Tract B, according to Eagle’s Retreat at Savanna Club Subdivision located at the northeastern portion- The Board approved the final plat of Fairways at Savanna Club and authorized its final execution. 8.COMMUNITY SERVICES Approval of Resolution No. 07-214 and authorization to apply and accept the 2006/07 grant for $1,135,729 from the U. S.C. 5307 Federal Transit Administration grant program Acceptance of the award and approval of the Sub-grant Agreement with Council on Aging for the implementation of the program- The Board approved Resolution No. 07- 214 and authorized the Chairman to sign all necessary documents. 9.GRANTS A.Staff recommends the Board authorize the submittal of a grant application to the Florida Department of Community Affairs, Division of Housing and Community Development requesting an amount not to exceed $8,490 to provide technical assistance to defer expenses related to the review and update of addresses for the 2010 Census and acceptance of the grant if awarded- The Board approved the submittal of the grant application and acceptance of the grant if awarded. B.Authorize the submittal of a grant application to the North American Wetlands Conservation Program in the amount of $1,000,000 from the U.S. Department of Interior- Division of Bird Habitat Conservation- The Board authorized the submittal of the grant application and acceptance of the grant if awarded. 10.ADMINISTRATION A.Two at large vacancies on the Historical Commission- The Board ratified the appointments of Joyce Rawlins and Hilda Ruth McSween to fill the two at large vacancies on the Historical Commission. 3 B.Art in Public Places Committee- The Board ratified Commissioner Craft’s appointment of Mr. Bey to the Art in Public Places Committee. CONSENT AGENDA ADDITIONS CA-1. CENTRAL SERVICES Special Needs Shelter Auditorium- Work Authorization through Contract C07-05-259- Dunkelberger Engineering & Testing Inc.- The Board approved a Work Authorization through Contract # C07-05-259 with a not to exceed cost of $32,302.00 and authorized the chairman to sign the Work Authorization as prepared by the County Attorney. CA-2. COMMUNITY SERVICES Budget Resolution No. 07-223/Medicaid Non-Emergency Program Agreement - The Board approved Budget Resolution No. 07-223 and authorized the Chairman to sign Amendment # 3 to the Medicaid Non-Emergency Program Agreement. CA-3 INVESTMENT FOR THE FUTURE Purchase a new lawnmower for the Sheriff Department Gun Range- Approve Equipment Request No. CSEQ07-343- Approve Budget Amendment No. CSBA07-065- the Board approved Equipment Request No. CSEQ07-343 and Budget Amendment # CSBA07- 065. CA-4. AGRICULTURE Request to fund Windstorm Mitigation Program Special position using Agriculture funds- The Board approved this request using Agriculture funds. CA-5. GRANTS The Board authorize acceptance of Amendment 3 authorizing an increase in in-kind services from 7.5% to 10% under an Emergency Watershed Protection Program Agreement with the USDA Natural Resources Conservation Service for use at Blind Creek Park. CA-6. PURCHASING This item was pulled. CA-7. PURCHASING Rejection of all qualifications proposals for RFQ# 07-052 Emergency Operations Center Construction Contractor Pre-Qualification, and permission to re-advertise and re-issue the RFQ. The Board approved rejecting all qualifications proposals received for TFQ # 07-052 Emergency Operations Center Construction Contractor Pre-Qualification; and granted staff permission to advertise and re-issue the RFQ and 1. Approved the County Administrator to appoint the selection committee, 2. Approved the short list of contractors who will then be eligible to bid to perform the construction of the New Emergency Operations Center, 3. Issue the invitation to bid to the pre-qualified contractors and 4. Bring the recommendation of the lowest responsible, responsive bidder to the Board for further recommendation. REGULAR AGENDA PUBLIC HEARINGS (0:44:01) 5A. GROWTH MANAGEMENT 4 Petition of Centex Homes for a 12 month extension of the date of expiration for the Preliminary and Final Planned Unit Development approval for the project known as Hawk’s Reserve-PUD located on 103.642 acres of land on the south side of Orange Avenue, 865 feet west of Kings Highway- Consider staff recommendation to approve Resolution No. 07-123 granting the month extension. Com. Coward expressed his concern with this extension and the fact they had not finalized or submitted the road share agreement. Staff recommended adding the language “if the agreement is not entered into by November 29, 2007 the Resolution would automatically terminate”. Com. Coward stated he concurred with staff’s recommendation. Ms. Noreen Dwyer, Ruden, McCloskey, representing the applicant advised the Board they had worked on the agreement however it had taken some time to put the cost together. She believes they do have the agreement and will move forward and submit it. She stated they were not aware this was going to be made part of the approval however they will agree to submit the agreement as required. It was moved by Com. Coward, seconded by Com. Lewis, to approve the 12 month extension inserting the date certain on item B as November 29, 2007 and indicating the road share agreement and right of way construction agreement be finalized prior to that date, and; upon roll call, motion carried unanimously. Com. Grande advised the Board his vote was to indicate one twelve month extension for the project. END OF PUBLIC HEARINGS 6. GROWTH MANAGEMENT (1:04:03) Application of the Airport Director for Major Site Plan approval on 105 acres located at the St. Lucie County International Airport for the development of a 75 foot by 4,000 foot training runway and parallel taxiway system to add capacity and enhance airport and aircraft training safety, Draft Resolution No. 07-133- Staff has determined that the proposed Major Site Plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Sections 11.02.09 and 11.02.04 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives and policies of the St. Lucie County Comprehensive Plan. Staff recommends that this resolution be approved, subject to limiting conditions. Com. Lewis stated she supported this item for public safety reasons. It was moved by Com. Lewis, seconded by Com. Grande, to approve Resolution No. 07- 133, and; upon roll call, motion carried unanimously. Com. Grande advised staff in the next update he would like to have exit points identified with regards to this project and the Stewardship program. ADDITIONS RA.1- ADMINISTRATION Rural Land Stewardship Area Program Monthly Status Update- Consider staff recommendation to accept the status report and provide discussion if needed. The Assistant County Administrator gave the status report on this program. The Board accepted the status report. No discussion. 5 RA.2- COMMISSIONER CRAFT (1:07:17) Update on Commissioner Craft’s meeting on the Mellon Patch. Commissioner Craft held the meeting on June 22, 2007. County staff in attendance included Assistant County Attorney Katherine Smith, Assistant County Administrator Faye Outlaw, Executive Assistant Eva O’Donnell and Sr. Planner Larry Szynkowski. Representatives from the Mellon Patch Inn included Cathy Townsend and spouse, owner of the Mellon Patch Inn, her attorney Stephen Tierney and neighbor, Richard Allison. Representatives from the opposing side included Mr. and Mrs. (Patricia )Spradling, Mr. Floyd Grigsby, Mr. and Mrs. Millet, and their attorney Robert Gorman. The meeting was held in Conference Room 3, from 9 am to about noon. The group reached a consensus to proceed on a six-month trial basis and to define activities occurring at the facility into special events and non-special events which are to be held on the following terms and conditions: . Special Events: Events with 40 or more persons, or an event with a D-jay or a band. . The music would end at 8:00 p.m. Guests will be off the premises by 8:30 p.m. . There would be a maximum of seventy-five guests. . There would be a lease agreement between the Mellon Patch and St. Lucie County for use of Pepper Park. At least four parking spaces would be reserved for tennis court patrons. . If approved by Sheriff Mascara, Ms. Townsend would hire a Deputy for Special Events. Non-special Events: Events with No music and a maximum of forty persons. The six-month trial probationary period would be from July through December 2007. Seven events are scheduled at the Mellon Patch Inn during this period. Four events are With music (special events) and three events are without music (non-special events). Over the next three months, Ms. Townsend will continue with events already scheduled. Any more events would be scheduled at Ms. Townsend’s risk. Code enforcement would make random spot checks of the Mellon Patch. The Mellon Patch’s compliance with the above agreement will be reviewed in early October. Ms. Townsend also agreed to plan a hedge between the Mellon Patch Inn and the adjacent lot of Mr. Grigsby and between the Mellon Patch Inn and the Jackson Way right of way. Com. Craft advised the Board members Sheriff Mascara stated he would not commit to permitting a deputy for a special event until the Board concluded and the issues on this item are clarified. The Asst. County Administrator stated the non-special events while not specifying a specific number of events, there was not much discussion on this issue. She did not want the Board to think there would be an unlimited amount of non-special events permitted. She also believes the opposing side has not agreed with the parking lease agreement on the pepper park site, however if it is the pleasure of the County this decision was made there would be some type of regulation agreement in place. The 3 month review would be conducted in form of a meeting and those who participated in the other meeting would also be invited to attend this meeting. Com. Coward requested information on the recent noise violation that had occurred. The Asst. County Administrator stated it was her understanding that a noise violation had occurred. Com. Coward asked what were the ramifications should this probationary period not go well. 6 Com. Craft stated he was open for suggestions. Com. Coward stated this was approved as a conditional use with the understanding it was to be a bed and breakfast. Clearly the use has changed and the weddings and the special events are clearly affecting the area residents. Mr. Robert Gorman, attorney for various homeowners in the area addressed the Board and the meeting which took place. He stated it was his understanding Ms. Townsend did not reside on the property and has not intent on residing on the property. He believed some of the neighbors did not agree with all that was discussed at the meeting. He agrees largely with the memo issued by the Asst. County Administrator, however, he believes the non-special events would be over by 9:00 pm. His understanding the probationary period was 6 months with a 3 month review. He believed there were issues that had not been resolved, 1) the enforcement of the county of non-transfer of alcohol , 2) the question of parking 3) expansion of the outside deck 4) the continuance of the agreement should there be another owner in the future. 5) the number of non-special events. He felt the real problems occur when there is a combination of alcohol and music. Ms. Mary Spuranzza, 1905 Jackson Way, addressed the Board with regard to the original bed and breakfast acceptance previously. She questioned if she would be permitted to have a border in her home if she did not have the proper zoning. Mrs. Patricia Spradling, area resident, addressed the Board with previously discussed issues and the refusal to follow the county codes. Mr. Brian Kilday, area resident addressed the Board with regard to the previously shown video indicating the violations. He addressed the use of Pepper Park and felt this was to be for public use not private commercial use. He also addressed the sale and transfer of alcohol and stated he believed the Board was condoning drinking and driving if they continue to allow people to park at Pepper Park when attending a function. Com. Smith addressed Mr. Kilday’s comments and stated the Board is attempting to find a resolution to the issue and would like assistance rather than presenting the Board with accusations. Mr. Floyd Grigsby, Jackson Way resident, addressed the Board and stated he wished to applaud them for their patience. He stated there were issues they did not agree to due to the fact they were not permitted to discuss them because they were in the past and he felt all issues are relevant, both past and present if you are trying to come to an agreement. Com. Craft stated they were trying to accomplish a compromise between both parties and felt they did not need to discuss prior issues and discuss what was relevant. The revoking of the conditional use was not the issue. Mr. Grigsby stated all facts are relevant even those they were not aware of when they went to the meeting. He asked what constituted a violation and what was the remedial action to be taken. Com. Craft addressed Mr. Grisby’s concerns and stated he felt they had a good discussion and hopefully they will continue to work together. He hopes they can get to something he and his neighbors can be comfortable with. Mr. Grigsby stated this was not necessarily true. He asked what would be the penalty if they violate the agreement and when would it kick in. He believes no one knows. Com. Craft stated it would come back to the Board and then they will make the decision if the conditional use is to be revoked or not. 7 Mr. Grigsby stated they are only requesting the Mellon Patch abide by the ordinances and the county enforce them. Mr. Neil Millet, Jackson Way resident, addressed the Board with regard to the prior approval given. Ms. Mellon had stated her intentions were to be a good neighbor. Mr. Steve Tierney, representing Kathy Townsend, Mellon Patch owner, addressed the Board and stated there was a lot of give and take between both parties. Ms. Townsend agreed to an 8:00 p.m. conclusion of events with all present clients off premises by 8:30 p.m. He believes Ms. Townsend understands she must stay in compliance. Com. Craft sated there would be spot checks done by Code Enforcement during the probationary period. Com. Grande questioned if there was a contract provided that would make the clients adhere to the 8:00 p.m. conclusion and 8:30 p.m. off premises. He believes the agreement between the Mellon Patch and the user needs to be very clear with regard to the times. Mr. Tierney stated he knows Ms. Townsend has a contract she provides and he believes there are areas in the contract where times can be inserted. He believes Ms. Townsend has informed those with prior contracts have been informed about the time and the music level. He also believes they can do an addendum if necessary. Com. Coward stated what was really troubling to him with all that has happened in the th past, and this being the 4 time they have discussed these issues another noise violation had been issued. How do you reconcile the statement that she knows she must be in compliance when this has happened again just recently and this is really troubling him. Com. Coward stated there were some issues he did not agree with and was going to keep an opened mind. The one thing that would help him in this matter was if they would have a “no tolerance” statement placed in the agreement. Ms. Kathy Townsend stated she had seeked legal counsel with the existing contracts. She was very upset at the fact the DJ did not adhere to her request and advised the company they would not be permitted to be on the property for a function again. Com. Coward asked if she would have a problem with a “no tolerance” statement placed in the agreement. Ms. Townsend stated she would not have a problem with this request. She requested the Board move forward with this today as she felt she could not continue this way and needed closure. She does not have the facility for sale there are some things on the intranet that should have been removed prior. She requested the Board fine tune what was drafted and move forward with what was agreed on. The County Attorney addressed the Board and advised them he would not be comfortable with the Board taking action on this tonight. This is not a formal public hearing and was scheduled as an update from the Board Chairman on the issue. He recommended setting a hearing date at least 90 days out to either revoke or modify the conditional use. The conditions and issues should be incorporated into the modified conditional use permit so that it runs with the land and it would not be personal to Ms. Townsend. The alternative, if after the 90 days the neighbors are not satisfied and the Board is not comfortable that the adverse impacts have been resolved the Board can then take action. Com. Craft stated this was not his intent today to make a final motion since there were still issues to be worked out. Com. Grande stated he was thoroughly convinced the conditional use was expired. If they go into the 90 day period are they officially stating the conditional use is still in force. 8 The County Attorney stated the decision should be made at the same time at a public hearing. If the Board is going to revoke the stronger legal issue would be the affect on the neighbors as well as the abandonment, but not tonight. Com. Coward stated this goes back to the intent of the original approval which is less intense. The concept of setting up a lease agreement changes the intended use of this facility and he has a concern with incorporating the use of this park for private business. Com. Grande stated he felt the alcohol issue is still an unanswered question. He believes they are not licensed to sell alcohol and he is not sure how a “cash bar” is defined. The County Attorney stated they can include this issue in the conditional use and re- enforce the sale of the alcohol and advertise it for the public hearing. Com. Coward stated he felt the existing code reads that no alcohol can be transferred or sold within so many feet from a public park should be enforced and this would constitute a violation. He does not understand why we cannot enforce an existing code. Com. Grande stated the transferring of alcohol on the premises is illegal. The County Attorney stated Ms. Townsends’ attorney’s legal position is that the County cannot regulate the sale of alcohol it is pre-empted and this is why he suggested it be placed in the conditional use for clarification. Com. Lewis stated the County Attorney had addressed her questions. She would like some clarification on what constitutes a “ special event” and questions are they looking at 30 people and a non-special event and the time the music would end seems to be too restrictive The County Attorney stated he believes people who are staying and have a gathering at the bed and breakfast he believes they do not cause the problem, it’s those guests who are not staying at the Bed and Breakfast and having an event outside that they are attempting to limit. He does not believe a gathering of the women’s clubs and other functions of this kind cause a problem. Com. Craft questioned if the Board was happy with the definition of special event as more than 40 people with a DJ or a band. Com. Coward stated he would like to set the perimeters and have them work around them. Com. Craft stated he was looking for a starting point and this is why he was going more for a 6 month review than a 3 month review and be able to refine it and see what is working and what is not. He also stated one of the conditions would be Ms. Townsend had to be on site during an event. The County Attorney stated these are only guidelines and the initial conditions would need to be set at the public hearing. Com. Grande stated he did not have a problem with the list, he would like to add the alcohol restriction stating the alcohol related law will be complied with. Com. Craft asked if a letter of understanding can be drafted based on today’s discussion. The County Attorney stated he believed the Asst. County Administrator could draft the letter since she prepared the memo summarizing the issues to both Attorneys. The Asst. County Administrator stated she still had not received direction with regards to the Pepper Park issue and the owner needed to be advised if she needed to make other provisions for parking. She stated the Assistant County Attorney had drafted a lease agreement that she thought they could utilize if the Board wanted to move forward with it. 9 Com. Grande recommended going through a trial period let the parking issue work itself out and recommended leaving the issue alone for now. Com. Craft recommended the issue also be discussed at the conclusion of the 90 day trial period. Com. Coward stated he is convinced the parking issue is a violation of the ordinance and that it is indeed an impact on the neighbors. He is placing the ball in Ms. Townsends hands to make sure all issue are resolved in order for him not to vote to revoke. The Asst. County Administrator recommended October 16, 2007 night meeting giving them time to bring back a report to the Board. The County Attorney stated the Board would be notified if there was a violation/s before the October 16, 2007date. The Asst. County Administrator stated if there were violations before that date, Com. Coward it was important the dialogue continue between the residents, staff and the owner. It was moved by Com. Grande, seconded by Com. Lewis, to approve advertising a public hearing on October 16, 2007 at 6:00 pm. or as soon thereafter as it may be heard, to consider the modification or potential revocation of the conditional use permit for the Mellon Patch and if a violation occurs in the interim, staff will report back to the Board with the possibility the public hearing will be moved up by the Board 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 the Circuit Court 10