HomeMy WebLinkAboutBOCC Minutes 09-04-2007
BOARD OF COUNTY COMMISIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: September 4, 2007 Convened: 6:00 p.m.
Adjourned:6:40 p.m.
Commissioners Present: Chris Craft, Chairman; Doug Coward, Joe Smith,
Charles Grande,Paula Lewis
Others Present: Faye Outlaw, Assistant County Administrator; Dan
McIntyre, County Attorney; Beth Ryder, Community Services Director; Jack
Southard, Public Safety Director; Marie Gouin, Management & Budget
Director; Neil Appel, Purchasing Director; Dennis Wetzel, Information
Technologies Director; Robert Nix, Growth Management Director; Vanessa
Bessy, Environmental Lands; Mike Pawley, County Engineer; Mark Godwin,
Criminal Justice Coordinator; Lauri Heistermann, Deputy Clerk;
transcribed by Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES
Approve the minutes from the August 28, 2007 meeting.
It was moved by Com. Lewis, seconded by Com. Grande, to approve the
minutes from the meeting held August 28, 2007; and upon roll call
motion carried unanimously
2. PROCLAMATIONS/PRESENTATIONS
There were no Proclamations/Presentations scheduled for September 4,
2007.
3. GENERAL PUBLIC COMMENT
Mr. Bill Blazak, Culpepper and Terpening addressed the Board with regard
to Allied Techonologies item C4B.
Com. Coward requested discussion on this issue with item C4B.
Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the
drug problem in the country and stated he felt they should be legalized,
controlled and heavily taxed. He also addressed the artificial reef and
stated his objection to them.
4. CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande to approve the Consent Agenda, to
include the “as needed” language on item CA-1, and; upon roll call, motion carried unanimously.
PUBLIC HEARINGS
5A. PUBLIC WORKS
Building & Zoning - Request Board permission to demolish fire damaged
structure at 7909 Paso Robles Boulevard, Fort Pierce, FL that has
been found by the Building Official to be more than fifty percent
(50%) damaged and is unsafe and constitutes a nuisance – Consider
staff recommendation to grant permission to proceed to contract with
L.E.B. Demolition Company, as they were the lowest bidder, to
demolish the structure and clean the property of all junk, trash and
debris if the structure is not taken down and if the property is not
cleaned by October 1, 2007.
This item was pulled
5B. GROWTH MANAGEMENT
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Petition of Fort Pierce Angle Road` Trust and Riverside Metzger,
L.L.C. for a Change in Zoning from IL (Industrial Light) Zoning
District to PUD (Planned Unit Development) Zoning District and
Preliminary PUD Plan for property located on the north side of
Metzger Road, South of Avenue M, West of Angle Road and East of Canal
Number 29 for the project to be known as The Preserve – Draft
Resolution No. 07-045 – The Board approved staff recommendation to
deny this petition because of the lack of compliance by the applicant
as required by this Board.
Mr. Jonathan Ferguson requested withdrawing this application.
Com. Smith stated he would be amenable to accept the withdraw.
Com. Lewis stated she also supports the withdraw.
Com. Grande stated he supported the withdraw.
It was moved by Com. Grande, seconded by Com. Smith, to accept the
withdraw of this petition, and; upon roll call, motion carried
unanimously.
5C. COUNTY ATTORNEY
Ordinance No. 07-016 - Amending Occupational License Fees to Change
the Name to Business Tax and Increase Fees by Five Percent (5%)
Pursuant to Section 205.0535, Florida Statutes – The Board approved
staff recommendation to adopt proposed Ordinance No. 07-016 as
drafted.
It was moved by Com. Grande, seconded by Com. Lewis, to approve
Ordinance No. 07-016; and upon roll call motion carried unanimously.
5D. COUNTY ATTORNEY
Ordinance No. 07-041 – Correcting a scriveners error in the effective
date of Ordinance No. 06-017 which ordinance adopted land development
regulations to apply to property generally located in the Towns,
Villages and Countryside (TVC) comprehensive plan element – The Board
approved staff recommendation to adopt Ordinance No. 07-041 and
authorized the Chairman to sign the Ordinance.
It was moved by Com. Smith, seconded by Com. Coward to adopt
Ordinance No. 07-041 and authorized the Chairman to sign the
Ordinance; and upon roll call motion carried unanimously.
Non- agendad
Ms. Patricia Crystal addressed the Board with regard to a building
inspector problem she felt the county may have. She stated a roof
that was repaired after the 2004 Hurricanes was not properly done and
felt the inspectors did not do their job properly and asked what
recourse she had.
The County Attorney advised Ms. Crystal the liability stands with the
contracting company. He is not dismissing the issue, but would need
more facts regarding the inspector’s issue.
The Chairman directed Ms. Crystal to provide staff with further
information on this issue.
5E. COUNTY ATTORNEY
Boundary Changes for Tradition Community Development District No. 1
(“CDD No.1”) and Tradition Community Development District No. 2 (“CDD
No. 2”) – Ordinance Nos. 07-042 and 07-043 –
Mr. Dan Harrell, attorney representing Tradition Community District,
addressed the Board and stated the County Attorney was correct, on
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July 23, 2007 the Port St. Lucie City Council approved the changes
reflected and all non-residential Tradition Community Development
District property lies within the municipal limits of Port St. Lucie.
It was moved by Com. Grande, seconded by Com. Lewis to adopt
Ordinance Nos. 07-042 and Ordinance 07-043 and; upon roll call,
motion carried unanimously.
5F. GROWTH MANAGEMENT
Petition of Grande Beach North Hutchinson Island, LLC, for a Text
Amendment to the Land Development Code, Planned Mixed Use
Development, Section 7.03.03, Standards and Requirements, for a 9.44
acre tract of land within the MXD-Grande Beach Mixed Use Activity
Area on the future land use map (Ordinance No. 07-032). This is the
first of two required public hearings – Staff is recommending to
remand this item back to the Planning and Zoning Board and schedule
public hearing afterwards/
Mr. Bobbie Klein, Klein and Dobbins, addressed the Board and stated
they were requesting once the item goes before the Planning and
Zoning Board, they were looking to have the public hearing in
October.
The Assistant County Administrator stated she could not commit to a
date in October at this time.
It was moved by Com. Grande, seconded by Com. Lewis, to remand this
item back to the Planning and Zoning Board, and; upon roll call,
motion carried unanimously.
5G. GROWTH MANAGEMENT
Petition of Grande Beach North Hutchinson Island, LLC, for
Preliminary Planned Mixed Use Development approval for a project to
be known as Grande Beach-PMUD – Staff is requesting that this
petition be pulled from the agenda and be remanded thru the Planning
& Zoning Commission on September 20, 2007.
It was moved by Com. Coward, seconded by Com. Grande, to remand this item
back to the Planning and Zoning Board, and; upon roll call, motion carried
unanimously.
END OF PUBLIC HEARINGS
CONSENT AGENDA
1. WARRANTS
Approve warrant list No. 48
2. COUNTY ATTORNEY
A.
Permission to Advertise - Ordinance No. 07-051 amending Chapter
1-2.3 (Airports and Aircraft) by adopting Primary Guiding
Documents, Airport Rules and Regulations, and General Aviation
Minimum Standards for the St. Lucie County International Airport
– The Board approved staff recommendation to authorize
permission to advertise proposed Ordinance No. 07-051 on
September 18, 2007.
B.
Revocable License Agreement - I6905 Indian River Drive - Mr. &
Mrs. Blanton – The Board approved staff recommendation to
approve the Revocable License Agreement, authorized the Chairman
to sign the Revocable License Agreement and directed Mr. & Mrs.
Blanton to record the document in the Public Records of St.
Lucie County, Florida.
C.
Lakewood Park Regional Park - Right-of-way Donation - Emerson
Avenue – State Road 607 - Resolution No. 07-262 – The Board
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approved staff recommendation to approve the County Deed and
Resolution provided by the Florida Department of Transportation,
authorized the Chairman to sign Resolution No. 07-262, County
Deed and Donation of Property Form, and directed staff to record
the documents in the Public Records of St. Lucie County, Florida
and return to the Florida Department of Transportation.
D.
Permission of Advertise – Ordinance No. 07-054 – Water
Conservation Plan – The Board approved staff recommendation to
grant permission to advertise proposed Ordinance No. 07-054 for
public hearing before the Local Planning Agency on September 20,
2007 and the Board of County Commissioners on October 16, 2007
and November 20, 2007 beginning at 6:00 p.m. or as soon
thereafter as may be heard.
E.
Request Permission to Advertise - Public Hearing - Petition to
abandon a portion of Dunn Road – The Board approved staff
recommendation to authorize staff to advertise a Public Hearing
to be held on October 2, 2007 at 6:00 p.m. or as soon thereafter
as possible.
F.
Airport West Commerce Park - Right-of-way Donation - Kings
Highway – State Road 713 - Resolution No. 07-263 – The Board
approved staff recommendation to approve the County Deed and
Resolution provided by the Florida Department of Transportation,
authorized the Chairman to sign Resolution No. 07-263, County
Deed and Donation of Property Form, and directed staff to record
the documents in the Public Records of St. Lucie County, Florida
and return to the Florida Department of Transportation.
3. ENVIRONMENTAL RESOURCES
Request the Board approve the Contract, as amended, for the St. Lucie
Turtle Nesting Habitat Improvements (FL) (National Fish and Wildlife
Foundation No. 2006-0114-006) and authorize the chair to sign the
agreement – The Board approved staff recommendation to approve the
contract, as amended, for the St. Lucie Turtle Nesting Habitat
Improvements (FL) (National Fish and Wildlife Foundation No. 2006-
01114-006) and authorized the Chair to sign the agreement.
4. PUBLIC WORKS
A.
Engineering Division – South Jenkins Road Extension into Wal-
Mart Distribution Center – Receive reimbursement from LBFH, Inc.
in the amount of $110,520.01 towards reimbursement for
construction modifications for the C-101 pipe reinstallation,
and equalizer culverts – The Board approved staff recommendation
to accept the letter from LBFH, Inc., and granted staff
permission to proceed with accepting reimbursement in the amount
of $110,520.01 towards reimbursement for construction
modifications for the C-101 pipe reinstallation, and equalizer
culverts for South Jenkins Road Extension, and authorized the
Chairman to sign.
B.
Engineering Division – Agreement with Allied New Technologies to
Pay Fee in Lieu of Constructing Concrete Sidewalks –
The County Attorney stated staff did not have a problem with the request
as stated in the letter indicating an amendment to condition number 6 of
Resolution No. 07-077
It was moved by Com. Lewis, seconded by Com. Grande, to approve the
agreement to pay in lieu of constructing concrete sidewalks and also
amending condition number 6 of Resolution No. 07-077 as indicated and
authorized the Chairman to sign; and, upon roll call, motion carried
unanimously.
4. PUBLIC WORKS CONTINUED
C.
Engineering Division – Approve the agreement with Inwood
Consulting Engineers for additional professional engineering
services regarding the preparation of a Local Agency Program
(LAP) Categorical Exclusion report and checklist, to be
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performed on the Angle Road Sidewalk Project. This report and
checklist will be accomplished in order to utilize potential
available funding from FDOT for construction – The Board
approved staff recommendation to approve and authorized the
Chairman to sign the Second Amendment to Work Authorization No.
5 (Contract C03-09-708) with Inwood Consulting Engineers in the
amount of $3,890.00, for the preparation of a Local Agency
Program Categorical Exclusion report and checklist for the Angle
Road Sidewalk Project, for a total design cost of $114,185.00.
Com. Smith requested a letter be sent to the state to advise them
they would like to have the decision expedited.
5. PURCHASING
A.
Board approval to advertise an Invitation to Bid for to repair
dune crossovers damaged by Hurricane Frances and Hurricane
Jeanne at Ocean Bay and Little Mud Creek – The Board approved
staff recommendation to approve to advertise an Invitation to
Bid to repair dune crossings damaged by Hurricane Frances and
Hurricane Jeanne at Ocean Bay and Little Mud Creek.
B.
Board approval of the final ranking of engineering firms to
design the Jenkins Road Bridge over Ten Mile Creek and
permission to negotiate a contract with the top ranked firm, and
if negotiations are unsuccessful, to then negotiate a contract
with the firms in ranking order until successful.
RANKING FIRM
1. Infrastructure Engineers, Inc.
2. Kimley-Horn
3. H.W. Lochner, Inc.
4. Stanley Consultants, Inc.
5.Keith and Schnars, P.A.
The Board approved staff recommendation to approve the final
ranking of engineering firms to design the Jenkins Road Bridge
over Ten Mile Creek and permission to negotiate a contract with
the top ranked firm, and if negotiations are unsuccessful, to
then negotiate a contract with the firms in ranking order until
successful, and authorized the Chairman to sign the contract as
prepared by the County attorney.
C.
Second Amendment to Contract C06-10-672 with Tarheel
Specialties, Inc. for Enhanced Swale Maintenance – The Board
approved staff recommendation to approve the second amendment to
Contract C06-10-672 with Tarheel Specialties, Inc., and
authorized permission for the Chairman to sign the amendment as
prepared by the County Attorney.
D.
Board permission to award Invitation to Bid #07-058; Savannas
Recreational Area Trading Post Porch to the lowest responsive,
responsible, bidder, AWM Construction, Inc., for the cost of
$120,780.00 – The Board approved staff recommendation to award
Invitation to Bid #07-058; Savannas Recreational Area Trading
Post Porch to the lowest responsive, responsible, bidder, AWM
Construction, Inc., for the cost of $120,780.00, (Trex Deck and
Roof), and authorized the Chairman to sign the contract as
prepared by the County Attorney.
E.
Board approval to advertise an Invitation to Bid for the
cleaning of Tradition Field – The Board approved staff
recommendation to approve to advertise an Invitation to Bid for
the cleaning of Tradition Field.
6. GROWTH MANAGEMENT
TVC Interim Land Development Regulations – The Board approved staff
recommendation to grant permission to advertise Ordinance No. 07-055.
Com. Grande commended Ms. Wood on her timely efforts while
“under the gun” on this issue, even though he does not agree
with everything in the TVC.
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7. ADMINISTRATION/MEDIA
Change Order No. 1 to Contract No. C07-04-196 with D. Co Marketing,
Inc., Budget Amendment 07-083 totaling $13,035.00 for Upgrades to the
SLCTV Production Control Room - The Board approved staff
recommendation to approve of Change Order No. 1 to Contract No. C07-
04-196 with D. Co. Marketing, Inc., Budget Amendment 07-083 totaling
$13,035.00 and transferring $13,035.00 from the General Fund
Contingency to the Machinery and Equipment account noted above and
approval of Amended Equipment Request No. 07-319 totaling $35,035.00
for Upgrades to the SLCTV Production Control Room.
CONSENT AGENDA – ADDITIONS
CA1. SOLID WASTE
Staff requests an emergency purchase order to KRK Enterprises,
Incorporated for the removal, transportation and disposal of up to
2,000,000 gallons of leachate from the St. Lucie County Landfill –
The Board approved staff recommendation to approve the emergency
purchase order to KRK Enterprises, Incorporated for the removal,
transportation and disposal of up to 2,000,000 gallons of leachate
from the St. Lucie County Landfill at a cost of $145.00 per 1,000
gallons.
The Assistant Solid Waste Director clarified this item and stated this is
for just in case they need to truck the leachate to Palm Beach County and
this is on an “as needed basis”.
Com. Coward requested the “ as needed” language be added to the purchase
order.
There being no further business to be brought before the Board,
the meeting was adjourned.
_____________________
Chairman
_____________________
Clerk of the Circuit Court
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