HomeMy WebLinkAboutBOCC Minutes 10-02-2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: October 2, 2007 Convened: 6:00 p.m.
Adjourned: 8:02 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, LeeAnn Lowery, Asst. County Administrator, Heather Young, Asst.
County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public
Works Director, Beth Ryder, Community Services Director, Marie Gouin, M & B
Director, Jack Southard, Public Safety Director, Neil Appel, Purchasing Director, Diana
Lewis, Airport Director, Vanessa Bissey, Environmental Resources Director, Mark
Satterlee, Growth Management Director, Ken Mascara, Sheriff, Peter Jones, Planning
Manager, Kara Wood, TVC Planning Manager, Millie Delgado-Feliciano, Deputy Clerk
1.MINUTES
It was moved by Com. Smith, seconded by Com. Lewis, to approve the minutes from the
September 25, 2007 meeting, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
None
3.GENERAL PUBLIC COMMENTS
Mr. John Arena, Ft. Pierce addressed what he felt was “sloppy dredging work” being
done at the Marina.
Staff was directed to check into this issue.
Sheriff Mascara addressed the Board and thanked them for their continued cooperation
and partnership during the budget process. He advised the Board that of the 1.2 million
dollars set aside by the Board, he would be returning $200,000 back to the County,
$500,000 would be reallocated to his 07/08 budget and $200,000 for the SRO program.
He advised the Board he had frozen 40 of the 72 positions the Board had approved. He
also advised the Board he would not require the $400,000 held in reserve by the County
for the Sheriff’s office.
Mr. Jose Vega, Executive Director, E.I. Events, addressed the Board and advised them of
the upcoming event, “Drums on Fire” scheduled October 20, 2007 from 4pm-9pm at
Lawnwood Stadium. He thanked the Board for their support and continued sponsor.
Mr. Vega advised the Board of his attempt to bring the A&M percussion to the event.
However he had a short fall of the required $10,000.
Com. Coward recommended contacting the Cultural Affairs department for some
assistance in obtaining a mini-grant of $2,500.
Com. Craft recommended this item be placed on next week’s agenda.
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4.CONSENT AGENDA
It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent
Agenda to included CA-1 and CA-2; with C5-D pulled and the added unagendad item,
and; upon roll call, motion carried unanimously.
1.WARRANT LIST
The Board approved Warrant List No. 52.
2.COUNTY ATTORNEY
A.Revocable License Agreement- Sun Grove Montessori School Inc.- The
Board approved the Revocable License Agreement, authorized the Chairman
to sign the Revocable License Agreement and directed Sun Grove Montessori
School, Inc., to record the document in the Public Records of St. Lucie
County, Florida.
B.Amendment of Contract Extension for Human Services Associates to operate
the Juvenile Assessment Center and to authorize the Board to sign the
interlocal agreements between the Cities of Port St. Lucie and Ft. Pierce- The
Board approved an extension of the contract with the current contractor,
Human Services Associates, Inc., who will continue to provide booking,
security, screening , and case management services at the St. Lucie Juvenile
Assessment Center located at 1215 Bell Avenue, Ft. Pierce Florida. This
extension will be retroactively dated from (2/28/07). Future funding in 2008
will be from court ordered funds, and from a three way split between St. Lucie
County, City of Ft. Pierce and City of Port St. Lucie.
3.MANAGEMENT AND BUDGET
A. Request for approval of FY 08 Budget disbursement to the Supervisor of
Elections- The Board approved the Supervisor of Elections request for 25
percent of the total FY 08 budget and thereafter, 6.82 percent per month.
B. Request for approval of Advance in the amount of $600,000 to the County Tax
Collector- The Board approved the Tax Collector’s request for an Advance in the
amount of $600,000.
4. PUBLIC WORKS
A.Request Board approve for WA# 1 with Creech Engineers, Inc., for Professional
Continuing Consultant Services for FEMA Countywide Community Rating System
Annual Recertification.- The Board approved Work Authorization # 1 Creech
Engineers, Inc. in an amount not to exceed $43,000 and authorized the Chairman
signing.
B.Request for Board of County Commissioners approval of Work Authorization No.
7 with Dredging and Marine Consultant Services LLC for Taylor Creek
Restoration Dredging Project Phase 3 Shoreline Stabilization, Construction
Inspection Services- The Board approved Work Authorization No. 7.
5.PURCHASING
A.Board approval to award Invitation to Bid No, 07-097 for the purchase of a
Skid Steel Forestry Mower to MOR Power Inc., for the cost of $103,607.95-
The Board approved Invitation to Bid No. 07-097 to MOR Power Inc.
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B.Award of RFP No. 07-090- The Board approved awarding RFP No. 07-090
Analytical Laboratory Services to the top ranked proposer, ELAB, Inc., and
authorized the Chairman to sign the contract as prepared by the County
Attorney.
C.Permission to Advertise an Invitation for Bids for the sale of a 2000 Kawaski
Mule 2510 PR # 404549 - The Board approved advertising an Invitation for
Bids for the sale of a 2000 Kawaski Mule and authorized removing the
equipment from the Road and Bridge Department fixed asset inventory.
D.Board approval to award Invitation to Bid No. 07-099, Construction of the
Administration Building chiller Plat to AMSCO lowest responsible bidder for
the cost of $4,128,012.00.- This item was pulled prior to the meeting.
E.Request Board approval to begin Phase 2 of the County Cell Phone Allowance
Program- The Board approved beginning Phase 2 of the County Cell Phone
Allowance Program.
F.Board approval to advertise an Invitation to Bid for the painting of the
overhead steel beams, canopies and columns at Tradition Field- The Board
approved advertising an Invitation to Bid.
6.INVESTMENT FOR THE FUTURE
Central Services-Sims Wilkerson Cartier Engineering Inc. Amendment No. 2 to Work
Authorization 7- Contract C03-02-222, Perform construction administration design
services for : Administration Complex Chiller Plant, Roger Poitras HVAC and VAV Box
Replacement, and Administration Building Air Handling Unit and VAV Box
Replacement- The Board approved Amendment No. 2 to Work Authorization No. 7-
Contract C03-02-222.
7.COMMUNITY SERVICES
Outside Agency Grant Contracts FY 2007-08- The Board approved the grant agreements
and authorized the Chairman to sign the agreements.
8.AIRPORT
A.Request for approval of the Second Amendment to the PBS&J Work
Authorization No. 22, Ecological Additional Services for Runway 9L/27R,
extending the time to complete the tasks to March 31, 2008 with no change in
cost- The Board approved PBS&J’s Second Amendment to Work
Authorization No. 22 extending the time to complete the tasks to March 31,
2008 with no change in cost, and authorized the Chair or designee to execute
same.
B.Request approval of Work Authorization No. 1 for PBS&J consultant services
to prepare a boundary survey for final plat approval of the Airport West
Commerce Park at the St. Lucie County International Airport- The Board
approved Work Authorization No. 1 for PBS&J consultant services to prepare
the final plat for the Airport West Commerce Park at the St. Lucie County
International Airport, and authorized the Chair or designee to execute the
same.
9.CENTRAL SERVICES
St. Lucie County Logistic Center- Purchase and installation of pallet racking (Qty.40)-
The Board approved the purchase and installation of pallet racking at a cost of
$18,011.48 for the storage space at the St. Lucie County Logistic Center and the Board
authorized the Chairman to sign the contract as prepared by the County Attorney.
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10.ADMINISTRATION
Commissioner/County Administrator Travel- The Board authorized for in and out of state
travel for the County Administrator and any member of the Board during the FY 07-08
fiscal year.
CA-1. COUNTY ATTORNEY
Animal Registration Program- Form Agreement for Sale of St. Lucie County Animal
Registration Tags- The Board approved the proposed Agreement and authorize the
Public Safety Director to sign the agreements on behalf of the County.
CA-2. PURCHASING
Second Amendment to Contract C04-10-558 Robert Guettler Sod LLC as primary vendor
and C04-10-482 T & J Sod as secondary vendor to furnish and install sod as needed for
St. Lucie County- The Board approved the Second Amendment to the above contracts.
UNAGENDAD
GRANTS/DISASTER RECOVERY
Authorize the submittal of a grant application and Resolution 07-307 to the Florida Fish
and Wildlife Conservation Commission, Boating Infrastructure at the Summerlin Boat
Dock.- The Board approved the submittal of the grant application and Resolution No. 07-
307 to the Florida Fish and Wildlife Conservation Commission Boating Infrastructure
Grant Program and the match of $50,000 to be used from the recently awarded Florida
Boating Improvement Program Gant, and acceptance of the grant if awarded.
PUBLIC HEARINGS
5.A GROWTH MANAGEMENT (0:18:16:0)
Consider Draft Resolution No. 07-244 for St. Lucie County Director of Growth
Management- Consider staff recommendation to adopt Resolution No. 07-244
authorizing the Director of Growth Management to amend the Official County Zoning
Map from PUD (Planned Unit Development –Pelican Pointe) zoning district to the HIRD
zoning district.
Staff advised the Board this was a clean up item and recommended rescheduling for a
date certain.
It was moved by Com. Grande, seconded by Com. Lewis, to continue this item on
November 6, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll
call, motion carried unanimously.
5.B COUNTY ATTORNEY (0:19:25)
Petition for Abandonment- Consider staff recommendation to approve Resolution No.
07-279 instruct staff to publish the final Notice of Abandonment, record Resolution No.
07-279, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of
the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the
Public Records of St. Lucie County.
Quasi-Judicial:
Com. Craft, Com. Lewis, Com. Smith and Grande acknowledged meeting with Mr. Butch
Terpening from Culpepper & Terpening
Com. Coward acknowledged receiving information from Culpepper & Terpening, but did
not meet the representative.
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It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 07-
279, and; upon roll call, motion carried unanimously.
5.C GROWTH MANAGEMENT (0:47::57)
TVC Interim Land Development Regulations- Consider staff recommendation to
schedule the second reading to approve Ordinance No. 07-055 for October 16, 2007.
The TVC Planning Manager addressed the Board on this item and reviewed Ordinance
No. 07-055, TVC Interim Land Development Regulations.
The following information was provided and reviewed:
BACKGROUND
May 2006: TVC Com Plan Amendment & LDRs adopted by the BOCC
July 2007: DCA found amended TVC Element to be in compliance
August 2007: Objection filed by affected property owner holding TVC Element in
abeyance
September 4, 2007: BOCC corrected error in TVC LDRs that suspends their
effectiveness and approved permission to advertise Ordinance No. 07-055, Interim LDRs.
September 20, 2007: P & Z hearing on Ordinance 07-055 motion to approve failed 3-2
PURPOSE
To implement the TVC in limited form as an Overlay Zone consistent with the 2004
Charette
To maintain LFDs fully consistent with the County’s existing Comprehensive Plan
To provide for full implementation of the TVC when the TVC Element becomes
effective
SUMMARY
Formatted as altered from Ordinance 06-017 adopted May 2006
Removes all references to the TVC Element
Retains TVC form-based design concepts for development inside USB
Permits PCS applications on all parcels with RE Future Land Use. This allows
development to continue as allowed in the existing Comp Plan through PUD process,
with a Flow Way System and an interconnected street network.
Omits TDR multiplier so there will be no increase in density in the TVC area.
COORDINATION
Staff has reviewed Ordinance 07-055 with planning, design, and legal consultants
involved in the initial construction of the TVD LDRs
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Staff and TCRPC met with TVC Stakeholders on September 17 to review comments
and questions
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REVISIONS
Two revisions were suggested by the TVC Stakeholders that Staff recommends
incorporating:
Section 5. Effective Date and Termination: This Ordinance shall be effective upon filing
with the Secretary of State. This ordinance shall automatically terminate on the same ate
on which the Towns, Villages and Countryside Comprehensive Plan amendment shall
become effective in accordance with Chapter 163, Part II, Florida Statutes, on which date
Ordinances 06-017 and 06-018 will take effect and replace the provisions of Ordinance
07-055. Applications for development orders under this ordinance that are pending as of
the effective date of Ordinances 06-017 and 06-018 may continue to be reviewed and
approved or denied by the County under the TVC Interim Land Development
Regulations for as long as the development orders are continued to be processed in good
faith, but no later than one year after Ordinances 06-017 and 06-018 become effective.
Section 3.01.03FF Planned Country Subdivision
h. URBAN SERVICES
In accordance with the R.E. designation in the Future Land Use Element, properties
rezoned to the PCS zoning district are not eligible for urban services. The only exception
is when the Urban Service Boundary is moved in accordance with Policy 1.1.5.1 of the
Comprehensive Plan.
The following revision was suggested by the legal consultants and Staff recommends
incorporating:
Section 3.01.03GG PRW (Planned Retail Workplace)
1. PURPOSE
e. Parcels with an underlying zoning of Commercial General or Commercial
Neighborhood are not required to rezone to PRW. Such parcels may develop according
to existing zoning, however all applications for development must accommodate the
following TVC design standards:
1. the street network design in Section 3.01.03.GG2.i,
2. street types as allowed in Section 3.01.03.GG.2.g and defined by referenced street
cross sections in Section 3.01.03.EE.2.1,
3. and design requirements referring to Mixed Use Building Lots and Retail
Building Lots as defined in Section 3.01.03.EE.2.g(10).
Staff Recommendation: Staff recommends that the Board of County
Commissioners schedule the second reading of Ordinance No. 07-055 for October
16, 2007.
Mr. Jonathan Ferguson, Ruden McCloskey Law Firm, addressed the Board and
questioned if a property owner outside the Urban Services Boundary once adopted has a
right to develop under the existing land use zoning and LDRs and the existing Comp Plan
or are they required to comply with the interim LDRs.
The TVC Planning Manager addressed Mr. Ferguson’s question and stated it applies to
the entire TVC area.
Mr. Ferguson stated this poses a potential problem for the small property owners. If this
is mandatory, in his opinion, it is not implement able and is inconsistent with the existing
Comp Plan. He stated you cannot do what it says you must do or you will be in violation
of the existing Comp Plan.
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Com. Coward stated he felt it was time the county had a “full disclosure law” and asked
staff to present the Board with some basic information with regards to an ordinance
requiring full disclosure. It is important to know who the representatives are
representing.
Ms. Susie Caron, Indrio Road resident, addressed the Board in favor of the Interim
Ordinance and would like to see it move forward and asked if there was a time period
that would address all the issues in the TVC.
The TVC Planning Manager states she could not give a definite time due to the litigation
by the affected property owner and the possibility of the complainant appealing any
action.
Com. Grande stated he concurred with everything Dr. Nicholas stated in his report he
being the expert on this issue.
No action necessary. The second public hearing is scheduled for October 16, 2007 at
6:00 p.m. or as soon thereafter as it may be heard.
5.D GROWTH MANAGEMENT
Petition of Lotux Investments LLC for the development of Estancia Ft. Pierce, a Planned
Unit Development consisting of 78 dwelling units n 10.38 acres, consisting of 12 single
family homes and 66 multi family dwelling units- Given the satisfactory clarification of
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the Applicant’s proportionate share contribution to the signalization of Cortex and 25 St.
Staff recommends approval of Draft Resolution No. 07-129 granting Final Planned Unit
Development Site Plan approval and rezoning to Planned Unit Development for the
project to be known as Estancia -PUD subject to limiting conditions.
The Planning Manager addressed the Board on this item and advised the Board of a
modification needed to be made to the Resolution.
Mr. David Lawrence, David Lawrence Architecture and representing Lotux Investments,
was present to answer any questions the Board may have.
Com. Grande stated he was not a Commission member when this was first brought before
the Board however he was a member of the Planning and Zoning Board. He did see
several problems with the project and felt it was not of any benefit to the community to
entitle doubling the density. He is having a hard time supporting this project in this
location as a gated community rather than attempting to integrate with the community.
He felt the product is not an act of contribution to the county on a tax basis or the
neighborhood. He felt the design would be better if there was more open space and less
buildings.
Com. Coward stated he was not a fan of walls and would like people to meet their
neighbors rather than being behind a masonry wall. He believes there are areas where
moderate density is appropriate and he is not opposed to put limited density in this
project.
Com. Grande stated if they were contributing to the community and the county tax base
he could then see some entitlement to a density change.
Com Smith questioned the community benefits Com. Grande was alluding to in his prior
comments.
Com. Grande addressed Com. Smith’s question and stated this was not the worst design
in the world, but they have the opportunity to make it better.
Com. Craft stated he would like to throw away the wall and have the homes face the
community.
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Com. Smith stated that urban in fill was one thing but there are times that developers
must work with what they have. He asked, how do you make this work with the
resources you have here, to answer that question is you work with what you have, with
irregular lots he believes they are doing the best they can.
Com. Lewis commented on the apartment complex across the street having a wall. She
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feels facing 25 Street and also looking at the assisted living in the area, she would agree
to a wall in those areas. She is not wild about gated communities however a well
landscaped wall would be more appropriate.
Quasi Judicial:
The entire Board acknowledged meeting with the applicant and the representatives.
Mr. Lawrence advised the Board they had met with the area residents and the residents
did not wish for their project to filter into their street or community. If they open the
houses to the area they would need to maintain their 100 year flood requirement and have
higher elevations.
Com. Coward stated he believes they have an opportunity to work with the client but also
must remember they cannot fully change the plan that was previously approved but can
ask for some improvements.
Com. Grande stated recommended sending this project back and asking the applicant to
make it better, he too would vote against it in its current status.
Com. Coward he would consider some of the recommendations made but would not vote
for it if there were walls and gates everywhere, the only area he sees they may need one
is to the south of the project.
Mr. Lawrence stated they were willing to defer and work with staff.
The Asst. County Attorney recommended continuing this item so the applicant can
address the issues and bring something back to the Board.
Com. Craft requested the multi family be facing the preserve.
The Planning Manager advised the Com. Craft of the parking situation with the multi
family buildings.
Com. Craft stated he would like the preserve opened to everyone
Com. Coward addressed his concerns with major changes at this point. If they want to go
back and do a complete re-design then that’s one thing. The Board needs to apply a level
of fairness to the applicant. He does not mind “tweeking” this project plan.
The applicant stated they would be willing to not have the masonry walls and the gates
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except in the area bordering the ACLF and 25 street.
The Environmental Resources Director advised the Board a wall was required in that
area.
Com. Coward requested the applicant come back with a landscaping design.
The applicant stated they would come back with a landscape screening design on the
western boundary.
It was moved by Com. Grande, seconded by Com. Coward, to continue this item on
November 20, 2007 at 6:00 p.m. or as soon there after as it may be heard, and; upon roll
call, motion carried unanimously.
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6. COUNTY ATTORNEY
800 MHz – Frequency Reconfiguration Agreement with Nextel South Corp. - Consider
staff recommendation to approve the Frequency Reconfiguration Agreement and
authorize the chairman to sign the Agreement.
It was moved by Com. Coward, seconded by com. Smith, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
Un-agendad
Com. Lewis requested the Board ratify her appointment to the Code Enforcement Board.
It was moved by Com. Smith, seconded by Com. Grande, to ratify Com. Lewis’
appointment, Mr. Ralph Fogg, to the Code Enforcement 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
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