HomeMy WebLinkAboutBOCC Minutes 11-20-2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: November 20, 2007 Convened: 6:00 p.m.
Adjourned: 8:30 p.m.
Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Doug Coward, Chris
Craft, Charles Grande
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young , Asst.
County Attorney, Neil Appel, Purchasing Director, Mark Satterlee, Growth Management
Director, Don West, Public Work Director, Dennis Wetzel, IT Director, Michael
Brillhart, Economic and Strategic Development Director, Millie Delgado-Feliciano,
Deputy Clerk
1.MINUTES
It was moved by Com. Craft, seconded by Com. Lewis to approve the minutes of the
meeting held November 6, 2007, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
None
3.GENERAL PUBLIC COMMENTS
Mr. John Arena, Ft. Pierce resident, addressed the grant requested for the Geoplasma
plant. He also addressed the unemployment rate in St. Lucie County and wind turbines.
4.CONSENT AGENDA
It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda,
with item C-2 A pulled and the addition of item CA-1 and; upon roll call, motion carried
unanimously.
1.WARRANT LIST
The Board approved Warrant List No. 7.
2.COUNTY ATTORNEY
A.Perpetual Easement along Canal No. 1- Paradise Park Stormwater
Improvement- Ft. Pierce Farms Water Control District- Resolution No. 07-
346- This item was pulled prior to the meeting.
Com. Smith requested this item be re-agendad as soon as possible after all issues have
been resolved.
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B.South 25 St Roadway Widening- Midway Road to Edwards Road-
Temporary Construction Bible Baptist Church of Ft. Pierce, Inc., - The Board
accepted the Temporary Construction Easement, authorized the Chairman to
sign Resolution No. 07-373 and directed staff to record the documents in the
Public Records of St. Lucie County, Florida.
C.Conservation Easement- Gentile Land Resolution No. 07-376 - the Board
approved accepting the Conservation Easement authorized the Chairman to
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sign Resolution No. 07-376 and directed staff to record the document in the
Public Records of St. Lucie County, Florida.
D.Gator Lake Estates- Contract for Sale and Purchase- John Honea and John M.
Toole- The Board approved the contract for Sale and Purchase with John
Honea and John M. Toole for $60,500. authorized the Chairman to execute
the contract and directed staff to close the transaction and record the
documents in the Public Records of St. Lucie County, Florida.
3.GROWTH MANAGEMENT
A.Request of Thomas Lucido & Associates, on behalf of PGA Golf
Development Inc., for Final Plat approval for the project to be known as
Fourth Replat in PGA Commerce Center at the Reserve- The Board approved
the Fourth Replat in PGA commerce Centre at the Reserve and authorized
staff to complete the final processing of this plat.
B.Request of Ocsar P. Frozini and Fernando Velasco, for final plat approval for
the project to be known as Gentile Land Subdivision.- The Board approved
the final plat of Gentile Land Subdivision and the recording.
4.ECONOMIC AND STRATEGIC DEVELOPMENT
Road Impact Fee Credit Agreement- NNN/1031 No. 16 SR 70 Jenkins LLC (Ram
Realty Services- Okeechobee Crossings) – The Board approved the Road Impact Fee
Credit Agreement and authorized the Chairman to sign the Agreement.
5.PUBLIC WORKS
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A.Port of Ft. Pierce Entrance Road (North 2 Street) Work Authorization No. 8
with Taylor Engineering- The Board approved Work Authorization No. 8
with Taylor Engineering, Inc., in the amount of $32,193.95 for Master Plan
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Additional Engineering services related to North 2 Street Improvements and
authorized the Chairman to sign.
B.Road and Bridge Division - The Board approved and authorized the Road and
Bridge Division and the Sheriff’s office to swap the Talbert Lowboy Trailer
and Volvo Daycab Semi-Tractor for an even trade.
C.Engineering Division- Request approval of Change Order No. 1- The Board
approved Change Order No. 1 to Contract C07-03-207 for an extension of
time to December 21, 2007 and to provide additional funds in the amount of
$12,701.00 to Johnson Davis for unexpected construction services for the
Solida Circle Drainage Replacement project.
D.Engineering Division – Canoe Creek M.S.B.U.- Potable Water Improvements
Request Permission to Advertise initial Public Hearing- The Board accepted
the Petition and granted permission to advertise an Initial Public Hearing to be
held on December 18, 2007 to consider creating the Canoe Creek MSBU.
E.Engineering Division- Additional Professional Engineering Services for
Stormwater Management Design- Amendment No, 1 to work Authorization
No. 2 with Creech Engineers, Inc., in the amount of $96,420.00 for the
Paradise Park Subdivision Stormwater Improvements Phase 3 and a time
extension through December 31, 2009- The Board approved Amendment No.
1 to Work Authorization No. 2 with Creech Engineers in the amount of
$96,420.00 for the redesign of Paradise Park Subdivision Stormwater
Improvements Phase 3 a time extension through December 31, 2009 and
authorized the Chairman to sign.
F.Engineering Division- Second Amendment to the December 20, 2005
Agreement with Inwood Consulting engineers in the amount of $31,654.83 for
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required updates to the Project Design and environment study for Walton
Road from Village Green to Lennard Road- The Board approved the Second
Amendment to the December 20, 2005 Agreement with Inwood Consulting
and authorized the Chairman to sign.
G.Engineering Division- Edward Road and Selvitz Road Intersection- The
Board approved the transfer of impact fees funds into the project budget for
right of way acquisition for Edwards Road and Selvitz Road intersection, and
authorized the Chairman to sign.
6.COMMUNITY SERVICES
A.Permission to accept grant agreement between the United States Department
of Housing and Urban Development and the St. Lucie county HOME
Consortium in the amount of $671,573 for the HOME Investment Partnership
Program- The Board accepted the grant and approved the agreement between
the United States Department of Housing and Urban Development and the St.
Lucie County HOME Consortium in the amount of $671,573 for the HOME
Investment Partnership Program and authorized the Chairman to sign all
necessary documents.
B.Request for Board approval of Resolution No. 07-340 accepting the State of
Florida Department of Transportation, District 4, Public Transportation Joint
Participation Agreement to provide funding to operate and market new fixed
route and deviated fixed route transit services in St. Lucie County and approve
the contract with Council on Aging of St. Lucie, Inc. to provide these
services- The Board approved Resolution No. 07-340.
C.Request Board approval to seek a time extension of up to one year for Florida
Department of Transportation Joint Participation Agreement for the Port St.
Lucie Zoned Routes- The Board approved pursuing a time extension of up to
one year for FDOT’s Joint Participation Agreement for the Port St. Lucie
Transit Routes and authorized the Chairman to sign the extension and nay
other necessary documents.
D.Acceptance of the FY 07/08 Trip Equipment Grant with the Commission for
the Transportation Disadvantaged for trips for our transportation
disadvantaged citizens and approval of Budget Resolution No. 07-371 to
encumber and expend the funds- The Board approved the grant and
Resolution No. 07-371.
E.Request Board approval of Resolution No. 07-365 for the Intermodal funds
for designing the transfer facility- The Board approved Resolution No. 07-
365 and authorized the chairman to sign all necessary documents.
F.Request for Board approval of Resolution No. 07-366 for the continued
coordination of Medicaid Non Emergency Transportation through Florida’s
Coordinated Transportation system - The Board approved Resolution No, 07-
366 and authorized the Chairman to sign all necessary documents.
G.Request for Board approval to amend the language to sub-grant Agreement
with Council on Aging of St. Lucie, Inc., pursuant to the Florida Department
of Transportation Joint Participation Agreement # AOG76 in the amount of
$40,000 grant to be used for various types of marketing medium not limited to
radio promotion of the Treasure coast Connector- The Board approved the
proposed third amendment to the Sub grant Agreement with Council on Aging
of St. Lucie, Inc., and authorized the Chairman to sign all necessary
documents.
H.Acceptance of funding in the amount of $312,660 as per contract C06-05-829
with United Department of Housing and Urban Development and approve
Budget Resolution No. 07-370 in order to encumber and expend the funds-
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The Board accepted the grant award of $312,660 approved Budget Resolution
No. 07-370 and authorized the Chairman or designated representative to sign
all necessary documents.
I.Acceptance of the FY 07/08 Community Services Block Grant from State of
Florida department of Community Affairs in the amount of $285,464 and
approval of Budget Resolution No. 07-368- The Board approved accepting
the grant award and approved Budget Resolution No. 07-368 to encumber and
expend the funds.
7.PURCHSING
A.Board approval to advertise a Request for Proposals to provide kayak rentals
and excursions- The Board approved issuing a RFP to provide kayak rentals
and excursions at selected park locations.
B.Board approval to award Invitation to Bid # 07-093 Phase III Security Fencing
and Culverts to the lowest responsive responsible bidder Custom Built Marine
Corp., for the base price of $153,891.83 - The Board approved awarding Bid
# 07-093 to Custom Built Marine Corp for the base price of $153,891.83 and
authorized the Chairman to sign the contract as prepared by the Count
Attorney.
C.Board approval to reject all responses for RFP No. 07-104 Media Services for
the St. Lucie County Fairgrounds, and re-issue the RFP- The Board approved
rejecting all responses for RFP No 07-104, Media Services for the St. Lucie
county Fairgrounds and re-issue the RFP.
D.Fixed Asset Inventory Property Record Removal for the St. Lucie County
Property Appraiser- the Board approved removing the records requested from
the fixed asset inventory of the Board of County Commissioners.
8.AIRPORT
A.Approve Second Amendment to Interlocal Agreement with St. Lucie County
Fire District to increase the Fire District’s contribution for the St. Lucie
county International Aircraft Rescue and Fire District by an additional amount
not to exceed $45,000 to cover the cost of upcoming change orders- The
Board approved the Second Amendment to the Interlocal Agreement in an
amount not to exceed $1,349,520 for anticipated change orders costs of up to
$45,000 and authorized the Chair or designee to execute same.
B.Request approval of Second Amendment to Work Authorization # 15 for
PBS&J to prepare an update to the Airport Layout Plan for the St. Lucie
County International Airport, for an extension of time for completion to
March 31, 2008 with no change in cost- The Board approved the Second
Amendment to Work Authorization # 15 and authorized the Chair or designee
to execute same.
9.GRANTS
A.Authorize the Chairman of the Board to sign a renewal subscription
agreement for eCivis Grant Locator- The Board authorized the Chairman
signing the renewal subscription agreement.
B.Authorization of the acceptance of a grant agreement from the Florida
Department of Community Affairs, Division of Emergency Management ,
Residential Construction Mitigation Program awarding the a mount of
$23,056 to further a program to provide wind resistant remedies for low
income homes- the Board authorized the acceptance of the grant agreement.
10.AGRICULTURAL EXTENSION
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Request Permission to add Manitowoc ice maker to Capital Assets Inventory list and
that it be maintained by St. Lucie County- The Board approved the request to add the
Manitowoc ice maker to the Capital Assets Inventory list.
11.CENTRAL SERVICES
New Clerk of Court Building – City of Ft. Pierce Utilities Authority Utility Easement for
Sanitary Sewer and Gas Distribution Line- The Board approved the City of Ft. Pierce
utility easement for sanitary sewer and gas distribution line for the use and benefit of the
Ft. Pierce Utilities Authority for the New Clerk of Court Building, and authorized the
Chairman to sign.
12.PUBLIC SAFETY
Accept the Shared Reimbursement of First Call Network Expenses from Port St. Lucie
Police Department and Ft. Pierce Police Department for a total of $5,054.26- The Board
approved the Budget Resolution No. 07-365 to accept the $5,054.26 from Port St. Lucie
Police Department and Ft. Pierce Police Department for their share of First Call Network
System and authorized the Chairman to sign.
13.INFORMATION TECHNOLOGY
Request to replace the existing intranet server due to security risks and vulnerabilities and
utilize the funds in the Equipment Request 08-291 in order to cover the cost of the
servers- The Board approved the requested purchase in the amount of $52,182.36 for the
Internet Server Replacement project and utilize the funds in the EQ 08-291 to cover the
cost of the servers.
14.SHERIFF’S OFFICE
Accept a 2007 Bulletproof Vest Partnership Grant in the amount of $21,977.69 – Budget
Resolution No. 07-367- The Board approved accepting the 2007 bulletproof vest
partnership grant award on behalf of the S. Lucie County Sheriff’s office- Budget
Resolution No. 07-367.
15.ADMINISTRATION
A.AG PUD Steering Committee- The Board ratified Com. Coward’s
appointment of Dr. Chuck Olson, PhD to the AG PUD Steering Committee.
B.AG PUD Steering Committee- Farm Credit of South Florida- The Board
ratified Robby Johnson as the representative for the Farm Credit of South
Florida to the Agricultural Development Steering Committee.
CA-1 COUNTY ATORNEY
Logistics Center- Facilities Use Agreement with St. Lucie Toys for Tots- The Board
approved the proposed Facilities Use Agreement with St. Lucie Toys for Tots, and
authorized the Chairman to sign the agreement.
REGULAR AGENDA
PUBLIC HEARINGS
5.A COUNTY ATTORNEY (0:10:02:11)
Ordinance No. 07-057- Consider staff recommendation to adopt Ordinance No, 07-057
amending Chapter 1-2 of the St. Lucie county Code and Compiled Laws to create Article
VII “Graffiti” .
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The Assistant County Attorney addressed the changes.
It was moved by Com. Grande, seconded by Com. Lewis, to approve Ordinance No. 07-
057, and; upon roll call, motion carried unanimously.
5.B GROWTH MANAGEMENT
St. Lucie Family Recreation Center LLC- Consider staff recommendation to approve
Resolution No. 07-286 granting a Major Adjustment to the Approved Conditional Use
Permit for the St. Lucie Family Recreation Center to allow the paintball activities to
continue with modified hours of operation as specified in the conditions of approval.
Staff addressed a correction in the closing time from 11:00 p.m. to 10:00p.m.. This was
agreed to by the neighbors.
The petitioner addressed the Board and requested normal operating hours during the
summer months.
Ms. Amy Davis, Harmony Heights resident addressed the Board and stated they had
tolerated the noise coming from the site however when they started hearing loud speakers
they then complained to the owner and he since then has removed the speakers.
Mr. Kent Bowe, Harmony Heights resident addressed the Board and expressed his
concerns with the profanities heard from the site around the neighboring homes.
The applicant advised the Board he had resolved this problem by informing his guests
that profanities are not permitted and those who use this language will be removed.
It was moved by Com. Grande, seconded by Com. Craft to approve Resolution No. 07-
286 with the modifications of the hours of operations being closing Monday through
Thursday at 9:00 p.m. and Friday, Saturday and Sunday and holidays at 10:00 p.m., and;
upon roll call, motion carried unanimously.
5.C GROWTH MANAGEMENT
Petition of Lotux Investments LLC- Per staff’s meeting with the applicant on October
24, 2007 to review and discuss the issues raised at the BOCC meeting of October 2, 2007
and the resultant outcome of those deliberations 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.
Quasi –Judicial- All the Board members acknowledged meting with the applicant and
representative.
Mr. Lee Dobbins, Klein and Dobbins Law Firm, representing the applicant, addressed the
Board on this item. He advised the Board the gates and walls would be removed with the
exception of the south side of the project. He stated the neighbors to the north had
requested the walls remain contrary to the Board’s request.
Mr. David Lawrence, Architect for the project advised the Board of the changes being
the increase in number of trees to the west, the maturity of those trees now 12’to 16’; the
maturity of the hedge to 48” and the berm 18”-24” from the baseline of elevation being
adjacent finish grade.
Ms. Susie Caron, Indrio Road resident, addressed the Board and requested clarification of
existing elevation vs. final finish floor.
Com. Coward concurred with term “ adjacent finish grade”.
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Ms. Pamela Hammer, Reserve resident, expressed her concerns with this being the “Final
Development Site Plan”. She felt staff had not seen all the changes.
Com. Coward stated he was very pleased the applicants took the initiative to make
revisions and these changes are exceeding the codes and he is very pleased.
Com. Grande advised the Board he would not be supporting this project. He stated he did
not support this project in the past due to the doubling in density based on the old zoning.
It was moved by Com. Lewis, seconded by Com. Craft to approve Draft Resolution No.
07-129 with the deletion of the gates and the term “adjacent finish grade” added, and;
upon roll call, the vote was as follows: Nay: Grande, Aye’s: Lewis, Craft, Coward,
Smith; motion carried by a vote of 4 to 1.
5.D GROWTH MANAGEMENT
Petition of Paul Broome for a 12 month extension of the approved Final Development
Site Plan known as Entrada- Draft Resolution No. 07-319- Consider staff
recommendation to adopt Draft Resolution No. 07-319 which would grant a 12 month
extension of the approved project to allow the new expiration date to be October 19, 2008
It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 07-
319, and; upon roll call, motion carried unanimously.
5.E GROWTH MANAGEMENT
Petition of Centex Homes for an Amendment to the Official Zoning Atlas to change the
zoning from the PUD zoning district to the Industrial Light - Consider staff
recommendation to adopt Resolution 07-285 granting an Amendment to the Official
zoning Atlas to change the zoning from the PUD to the Industrial Light.
QUASI JUDICIAL
Com. Craft, Smith and Coward acknowledged having contact with applicant and counsel.
Ms. Noreen Dwyer, Ruden, McCloskey Law Firm addressed the Board on this issue.
Com. Coward advised the Board and the applicant that the area to the west of the project
has residents and there would possible be more coming in the future and he wanted to
make sure the residents were aware the county was not placing factories in the residents
back yards. He also questioned vesting and concurrency issues.
The Board was advised that staff and the County Attorney are working with the applicant
to resolve these issues.
It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 07-
285, and; upon roll call, motion carried unanimously.
5.F GROWTH MANAGEMENT
Consider staff recommendation to approve Draft Resolution No. 07-288 granting an
Amendment to the Official Zoning Atlas to Change the Zoning from the AG zoning
district to the IL zoning district.
Mr. Lee Dobbins, Klein and Dobbins, Law Firm addressed the Board on this item and
advised them the site plan is in the process and they are still working on off site road
improvements to address the traffic issues.
It was moved by Com. Grande, seconded by Com. Craft to approve Resolution No. 07-
288, and; upon roll call, motion carried unanimously.
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5.G GROWTH MANAGEMENT
Consider staff recommendation to approve Draft Resolution No. 07-289 granting a
Amendment to the Official Zoning Atlas to change zoning from the AG zoning district
and IX to IH zoning district.
It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 07-
289, and; upon roll call, motion carried unanimously.
5.H GROWTH MANAGEMENT
TVD Interim Land Development Regulations- Consider staff recommendation to
approve Ordinance No. 07-055.
It was moved by Com. Lewis, seconded by Com. Grande to approve Ordinance No. 07-
055, and; upon roll call, motion carried unanimously.
5.I GROWTH MANAGEMENT
Petition of Jim Coseo for an Amendment to the Official Zoning Atlas to change the
Zoning from AG-5 to the PUD zoning district and Preliminary Planned Unite
Development Site Plan approval for the development of a single family residential
subdivision consisting of 382 acres and 76 single family lots to be known as Shinn
Lakes- PUD Draft Resolution No. 07-130- Consider staff recommendation to adopt
Resolution No. 07-130.
Com. Coward thanked the applicant for working with staff.
QUASI- JUDICIAL
All Board members acknowledged having contact with the applicant.
Mr. Jim Caseo, applicant addressed Com. Grande’s comments and explained what they
were planning to do with the property i.e. clustering of the residential and what would be
kept agriculture. He also addressed the open space and back yard issue.
Mr. Caseo addressed lines 41, 42 and 43 and requested these lines be stricken not to place
an undue burden on a potential farmer or owner should there be a problem with canker or
something other on this Ag property.
Com. Coward questioned if subsection B be could be removed and asked there be clarity
that the Board is supporting continues agricultural use of the area not in the sub-division.
The Planning Manager addressed line 21, 22 and 23 in Sub- Paragraph D “agricultural
preservation” also in sub-paragraph B as well.
Mr. Erin Bowers, Engineer for the project apologized for the confusion and clarified the
mix up.
Com. Grande stated they are coming out with a PUD with an unusual interpretation of
what the 35% is. He does not have a problem approving this if the AG PUD applications
in the pipeline can be approved on a one by one basis without setting a precedent that
can be referred any subsequent application.
The Assistant County Attorney stated with this particular parcel they looked at the
conceptual plan, it was the whole idea of looking at these situations on a case by case
basis.
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Com. Craft stated they may need to put a time line and remove the word “citrus” it may
get to what the intent staff had.
Com. Coward stated he felt it was unrealistic and it should be left to the market and
would be a costly burden to an uncertain owner and would not vote in favor if such a
provision was inserted.
Com. Grande stated he concurred with Com. Coward in not placing undue restrictions.
It was moved by Com. Coward, seconded by Com. Craft to approve Resolution No, 07-
130 with the elimination of paragraph 3-B starting at line 39 on page 4 and ending on line
44 and the removal of subsection B in its entirety, and; upon roll call, motion carried
unanimously.
5.J GROWTH MANAGEMENT
Petition of Ginn LA St. Lucie, LRD, LL)P for a Conditional Use Permit for a 7,700
square foot Beach Club as part of a 100 unit condominium in the HIRD zoning district
and PUD – Pelican Pointe zoning district - Consider staff recommendation to approve
Draft Resolution No. 07-248.
Mr. Rick Ricannis, representing Ginn was present to answer any questions the Board may
have.
Ms. Pam Hammer, Planning and Zoning member advised the Board the concern was
whether membership would be extended to Stark Ranch.
Mr. Ricannis stated the membership would only be made available to the Tesoro PUD
residents who are the only non-resident group.
Com. Coward stated he felt the Board did not need to be concerned as to who would be a
member of the club, but rather the other more important issues.
It was moved by Com.Craft, seconded by Com. Lewis, to approve Resolution No. 07-
248, and; upon roll call, motion carried unanimously.
5.K GROWTH MANAGEMENT
Petition of Prayer Tower International for an Amendment to the Official Zoning Atlas to
change the zoning from the RS-4 to the RF zoning district- Consider staff
recommendation to accept the withdrawal request of Prayer Tower International.
It was moved by Com. Craft seconded by Com. Grande to accept the withdrawal of
Prayer Tower International, and; upon roll call, motion carried unanimously.
5.L COUNTY ATTORNEY
Ordinance No. 07-058 Amending Section 1-12-36 (General Business) to correct a
scrivener’s error in the biennial increase for general business employing five or fewer
employees- Consider staff recommendation to adopt proposed Ordinance No. 07-058 as
drafted.
The Assistant County Attorney advised the Board of the fee correction of $15.10 rather
than $15.90 as previously stated.
It was moved by Com. Coward, seconded by Com. Craft, to approve Ordinance No. 07-
058, and; upon roll call, motion carried unanimously.
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5.M COUNTY ATTORNEY
First Public Hearing on Ordinance No. 07-054- Water Conservation Plan- This is the
first public haring on Ordinance No. 07-054 . The second public hearing will be held on
December 11, 2007 at 9:00 a.m . or as soon thereafter as it may be heard.
Com. Grande requested consideration be given to change the penalty for the following
days after the first offense to $25.00 per day.
Staff was directed to draft a Resolution available for the November 27, 2007 meeting for
the Board to review and approve.
No action required.
END OF PUBLIC HEARINGS
6. GROWTH MANAGEMENT
Petition of Ginn LA St. Lucie, LTD LLP for a 12 month extension of the approved Major
Site Plan for a 100 unit condominium including a 7,700 square foot beach club known as
Tesoro Beach Club in the HIRD and PUD zoning districts- Consider staff
recommendation to approve Draft Resolution No. 07-137 which would grant a 12 month
extension.
It was moved by Com. Craft, seconded by Com. Lewis to approve Resolution No. 07-
137, 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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