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HomeMy WebLinkAboutBOCC Minutes 12-18-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING _______________________________________________________________________ Date: December 18, 2007 Convened: 6:00 p.m. Adjourned: 9:11 p.m. Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Chris Craft, Charles Grande, Doug Coward Others Present: Assistant County Administrator, Faye Outlaw, Dan McIntyre, County Attorney, Michael Brillhart, Economic & Strategic Development Director, Don West, Public Works Director, Diana Lewis, Airport Director, Beth Ryder, Community Services Director, Marie Gouin, MM & B Director, Mark Satterlee, Growth Management Director, Vanessa Bissey, Environmental Resources Director, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the meeting held December 11, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Annual Christmas Remembrance- Sue Munyan and the 4-H Clubs made their annual Christmas Remembrances Presentation to the Board. 3.GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board on various issues. Mr. Stan Hicks, Representing the Historical Society, addressed the Board regarding the Historical Society’s historical collection in progress and the celebration of Port St. th Lucie’s 50 Anniversary. 4.CONSENT AGENDA It was moved Grande, seconded by Com. Craft, to approve the Consent Agenda to include the additions of CA-1 and CA-2, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 11. 2.COUNTY ATTORNEY A.Volo Holdings Ft Pierce, LLC- The Board consented to the sublease agreement between Volo Holdings Ft. Pierce, LLC and Omniflight Helicopters, Inc. B.Revocable License Agreement- Mr. & Mrs. James Brann- 4101 Lookout court- The Board approved the Revocable License Agreement authorized the Chairman to sign the Revocable License Agreement and directed Mr. & Mrs. Brann to record the document in the Public Records of St. Lucie County, Florida. 1 C.Hurricane Housing Recovery Program- The Board approved the HHRP Agreement, Promissory Note, Mortgage, Assignment of Rents and Security Agreement, and Subordination Agreement for Madison Cay, Ltd., and authorized the Chairman to sign the documents. D.Interlocal Agreement- St. Lucie County Cooperative Extension Director to serve as Interim Martin County Cooperative Extension Director- The Board approved the proposed Interlocal Agreement with Martin County, and authorized the Chairman to sign the agreement. E.Florida Communities Trust - Harbor Branch Preserve FCT Project 07-027- FF7- Grant Contract and Confidentiality Agreement- The Board approved the Florida Communities Trust Grant Contract and Confidentiality Agreement and transmit to Florida Communities Trust. F.Request Permission to advertise a Public Hearing- The Board authorized staff to advertise a Public Hearing to be held on Tuesday, January 8, 2008 at 9:00 a.m. or as soon thereafter as possible to consider the closing of apportion of Taylor Dairy Road. 3.PURCHASING A.Invitation to Bid 07-114 Purchase of sign materials- the two lowest responsible, responsive bidders, Universal Signs & Accessories and 3M Company for the not to exceed amount of $ 135,000 based upon unit pricing- The Board approved Invitation to Bid 07-114 to the two lowest responsive, responsible bidders, Universal Signs and Accessories and 3M Company for 1) not to exceed amount of $135,000 for line items to be purchases “as needed” based upon unit pricing, 2) a term of three years with two one year renewals, 3) authorization for the Chairman to sign the contract as prepared by the County Attorney. B.Board approval to award Invitation to Bid # 07-115 Aquatic Vegetation Control to the lowest responsive, responsible bidder, Aquagnix for the cost of $395,702.16- The Board approved awarding Invitation to Bid # 07-115 to Aquagnix for a cost of $395,702.16 and authorized the Chairman to sign the contract as prepared by the County Attorney. C.Award of Invitation to Bid # 08-007- for the painting of the overhead steel beams, canopies and columns at Tradition Field to VIP Painting Inc., for a cost of $28,500.- The Board approved awarding Invitation to Bid # 08-007 at a cost of $28,500 and authorized the Chairman to sign the contract as prepared by the County Attorney. D.Award of Invitation to Bid 08-009 for the cleaning of the Tradition Field Sports Complex to Coverall, for the not to exceed amount of $85,000 - the Board approved awarding Invitation to Bid 08-009 to Coverall in an not to exceed amount of $85,000 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 purchase of guardrail materials to repair and install guardrails as needed on County roads- the Board approve advertising an Invitation to Bid for the purchase of guardrail materials. 4.CENTRAL SERVICES A.St. Lucie County Logistics Center- Purchase and installation of the following items: The Board approved the purchase and installation of fencing/gate not to exceed $1600., shelving @ $ 2,395, & wire containers @ $2,795 and the 2 addition of restroom facilities @ $5,000 for the St. Lucie County Logistics Center. B.Facilities Use Agreement- Port St. Lucie Historical Society- The Board approved the Facilities Use Agreement between St. Lucie County and the Port St. Lucie Historical Society for space available at the Walton road Annex located at 1664 S.E. Walton Road and authorized the Chairman to sign the Agreement as prepared by the County Attorney. 5.PUBLIC WORKS A.Request approval of BOCC to purchase equipment components and services from Sanders and Company, Inc. to upgrade the pump controls at Platt’s Creek Stormwater Facility- The Board approved the purchase of components and services from Sanders and company, Inc. as the lowest quote in the amount of $19,721.00 for the improvement of the pumps at Platt’s Creek Stormwater Facility. B.Engineering Division – Second Amendment to Work Authorization No. 1 (C00-05-492) Construction on the projects that have been completed- The Board approved the Second Amendment to Work Authorization No. 1 for additional funds in an amount not to exceed $80,835.74 and an extension of time to December 31, 2007 for Construction Management Services with American Consulting Engineers of Florida LLC for the Midway Road and Glades Cut off Road Intersection Improvements; South Jenkins Road Extension and coordination for the installation of waterline on Glades Cutoff Road projects. C.Engineering Division - Approve Work Authorization No. 1 with Arcadis for Construction Engineering and Inspection Services for the Indian River Estates Stormwater Improvement Phase 1 Pump Station project in the amount of $267,955.00- The Board approved Work Authorization No. 1 with Arcadis. D.Engineering Division Approve Work Authorization No, 3 with Dunkelberger Engineering & Testing for Construction Material Testing for the Indian River Estates Stormwater Improvements- Phase 1 Pump Station project in the amount of $39,784.00- The Board approved Work Authorization No. 3 with Dunkelberger Engineering & Testing in the amount of $39,784.00. E.Engineering Division- Approve Second Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen & Sawyer Engineers in the amount of $13,100.00 – The Board approved the Second Amendment to Work Authorization No. 25 with Hazen & Sawyer in the amount of $13,100.00 and authorized the Chairman to sign. F.Engineering Division- Second Amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for the evaluation of pond locations for Harmony Heights Stormwater Improvements Phase 1 in the amount of $16,136.00 - The Board approved the Second Amendment to Work Authorization No. 1 in the amount of $16,136.00 with Inwood Consulting and authorized the Chairman to sign. 6.MEDIA RELATIONS IQM2- Intelligent Meeting Management Contract- The Board approved the IQM2 contract in the amount of $27,050 and authorized the Chairman to sign. 7.SHERIFF’S OFFICE 3 The Board approved accepting a State Criminal alien Grant 2007 award. And approved Budget Resolution No. 07-391 and authorized the County Administrator to sign the application documents. 8.ECONOMIC & STRATEGIC DEVELOPMENT The Board approved the Letter of Intent for a Job Growth Investment Grant and an Ad Valorem Exemption between St. Lucie County and Treasure Coast Jet completions. 9.AIRPORT A.Approval of Resolution No, 07-392 adopting a revision to the Airport Layout Plan for the St. Lucie County International Airport and authorize staff to submit the revised Airport Layout Plan to the FAA and FDOT- The Board approved Resolution No. 07-392 and authorized the Chair or designee to execute same. B.Approval of Budget Resolution No. 07-393 in the amount of $45,000 for the change Orders for the Aircraft Rescue Fire Fighting Facility at the St. Lucie County International Airport- The Board approved Budget Resolution No. 07-393 in the amount of $45,000 and authorized the Chairman or designee to execute same. C.Request for approval of PBS&J First Amendment to Work Authorization No, 19 for FDOT Pavement Condition Index Inspection reducing the lump sum amount from $8,649.00 to $5,019.88 due to a reduction in services required at the S. Lucie County International Airport- The Board approved the First Amendment to Work Authorization No. 19 and authorized the Chair or designee to execute same. 10.COMMUNITY SERVICES A.Approval to award Community Development Block Grant Disaster Recovery Initiative Bids 8-17 to each low bidder for a total award amount of $780,508- The Board approved awarding Community Development Block Grant Disaster Recovery Initiative IFB’s # 8-17 to the low bidders and authorized the Chair to sign all necessary documents. Bid # Low Bidder Bid Amount Scope 8 – Gersony EO Koch Construction $ 8,208 Rehabilitation 9- Thomas Alton Silver III Homes $84,700 Demo/Replacement (Alt) 10-England Alton Silver III Homes $89,700 Demo Replacement 11-Griffin Alton Silver III Homes $84,700 Demo Replacement 12-Taylor Alton Silver III Homes $84,700 Demo Replacement 13- Stinson Alton Silver III Homes $84,700 Demo Replacement 14-Armstrong Alton Silver III Homes $84,700 Demo Replacement 15-Sims Alton Silver III Homes $84,700 Demo Replacement 16-Carter Alton Silver III Homes $84,700 Demo Replacement 17-Tucker-Cox Alton Silver III Homes $89,700 Demo Replacement TOTAL AWARD AMOUNT $780,508 B.Authorization to explore developers interested in a public/private partnership to provide workforce housing and develop an application for an amount not to exceed $5,000,000 for the Community Workforce Housing Innovation Pilot Program loan/grant to the Florida Housing Finance Corporation- The Board authorized working with interested developers and if an eligible project is identified to prepare the grant application for submittal to Florida Housing Finance Corporation in an amount not to exceed $5,000,000 to develop an affordable workforce housing development and authorized the Chairman to sign the necessary documents. The completed application and all necessary 4 documents for submittal will be brought to the Board on January 22, 2008 for approval. 11.INVESTMENT FOR THE FUTURE A.Engineering Division- Approve Amendment No. 1 Work Authorization No. 1 with Boyle Engineering Inc. (f/k/a) LBFH, Inc) for additional Construction Engineering and Inspection Services for the Prima Vista Blvd., Reconstruction-Rio Mar Drive to U.S. 1 project in the amount of $44,978.57 and transfer funds from reserves to project budget- The Board approved Amendment No. 1 and Work Authorization No. 1 for the project in the amount of $44,978.57 and transfer funds from reserves to project budget. B.Engineering Division- Approve Amendment No.1 to Work Authorization No. 2 with Dunkelberger Engineering & Testing for Construction Materials Testing for the Prima Vista Boulevard Reconstruction- The Board approved Amendment No. 1 to Work Authorization No. 2 in the project amount of $89,871 and transfer funds from reserves to project budget. 12.HUMAN RESOURCES Flexible Spending Account Additions/changes- The Board approved the Flexible Spending Account Group Health Plan change and authorized the Board to sign BOA Agreement. 13.MANAGMENT AND BUDGET Alcohol and Drug Abuse Mini Grant Awards- The Board approved the awarding of grant funds as stated on Exhibit A and authorized the County Attorney’s office to draw up the appropriate contracts for the Chairman’s signature. CONSENT AGENDA ADDITIONS CA.1 COUNTY ATTORNEY Mobarak Aircraft, LLC- Environmental Access License Agreement- The Board approved the proposed environmental access license agreement with Mobarak Aircraft, LLC and authorized the Chairman to sign the agreement. CA.2 COUNTY ATTORNEY Indian River Estates MSBU- Master Meter- Contract for Sale and Purchase- Oris Nelson- Tax I.D. No. 3402—604-0055-000-7- The Board approved the Contract for Sale and Purchase with Oris Nelson for $55,000.00 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. REGULAR AGENDA PUBLIC HEARINGS 5A. ENVIRONMENTAL RESOURCES (0:44:13) Slack Shoreline Variance- 5103 Palmetto Avenue- Draft Resolution No. 07-283- Consider staff recommendation to approve Draft Resolution No. 07-283 granting a variance to Christopher and Valerie slack to allow the placement of an erosion control barrier consisting of two layers of geotextile (soil cloth) held in place by stone rip rap containing native plantings along 310 feet of shoreline of the property line located at 5103 Palmetto Avenue. The Environmental Resources Director addressed the Board on this item. 5 Com. Coward stated for the record “this is not a precedents setting case where they would be doing this up and down the North Fork. The Environmental Resources Director stated Com. Coward’s comments were correct. It was moved by Com. Grande, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. 5.B PUBLIC WORKS Canoe Creek M.S.B.U. Initial Public Hearing- Potable Water Improvements PSLU- Consider staff recommendation to adopt Resolution No. 07-389 creating the Canoe Creek Municipal Services Benefit Unit; approve the preparation of an Interlocal Agreement with the City of Port St. Lucie; and authorize the County Engineer to proceed with the engineering and design of the project. The Board discussed the cost of the project. Com. Grande addressed the high cost of the project. Com. Craft expressed his concerns with the increasing costs and felt they needed to find a way to get the increasing costs in check with the contractors. Com. Coward addressed the number of residents who responded to this project in the area. He felt this was a substantial cost for a project even if the lot sizes are larger. He would like for staff to make an additional attempt to get more input from the affected land owners and would prefer not voting on this item today. Mr. Gary Miggins, Canoe Creek resident, addressed the Board and stated he believed there would be more residents who were not in favor of the project due to the costs. He was looking for a proposal stating the cost. Ms. Joan L. Englishmen, Canoe Creek resident, addressed the Board and stated she was not able to attend the meeting held for the residents and thanked the Board for recognizing the cost was too high for the project. She is in favor of the project, however she felt the cost was too high. It was moved by Com. Grande, seconded by Com. Coward to continue this item for a date uncertain, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT Petition of Indrio Groves Limited Partnership for a change in zoning from the RS-2 zoning district to the AG-1 zoning district- Consider staff recommendation to approve Resolution No. 07-318 granting a change in zoning of the subject parcel from RS-2 to AG-1. Mr. Daniel Rutherford, representing the applicant was available to answer any questions the Board may have. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 07- 318, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT Public Hearing regarding whether to adopt, adopt with changes or determine that the County will not adopt the proposed items included in St. Lucie County Amendment Cycle 2007-2 – Consider staff recommendation to open the public hearing for St. Lucie County Amendment Cycle 2007-2 hear the staff report on each item, hear the applicant’s comments if the applicant is not in the county, take public comment on each item, then close public comment, not the hearing, on each item, Hold Board discussion each item. 6 Vote to adopt, adopt with changes, or not adopt the proposed amendment. Ordinance No, 07-018 No public comments made Staff advised the Board of DCA’s request for a time change otherwise there were no noted objections. It was moved by Com. Coward, seconded by Com. Grande, to approve Ordinance No 07-018, and; upon roll call, motion carried unanimously. Ordinance No. 07-019 No public comments made. Staff advised the Board they did not receive any objections from the DCA. The Environmental Resources Director addressed the Board on this issue. Com. Coward requested the Board consider the following, Exhibit A- the name of the table 9.6 “desired outdoor recreation standards” he would like for it to read, “ minimum standards for outdoor recreation for St Lucie County”. Page 6 item 2B – conservation activities, he believes it should be “ land conservation” Page 11, Chapter 8, he requested added language where it states “long term viability of “ he believes “natural habitat” should be added. It was moved by Com. Grande, seconded by Com. Coward to approve Ordinance No. 07- 019 as modified by Com. Coward, and; upon roll call, motion carried unanimously. Ordinance No. 07-044 Mr. Robert Tabor, 4201 N A-1-A addressed the Board and stated he concurred with Com. Coward and felt these items should be written so that they are understood. He addressed the transfer of density issue and consider changing the wording so that it would not come back to haunt the county. Com. Grande questioned the rationale for the change and stated he felt they needed to look at a comprehensive approach. The Planning Manager stated the intent in the reason and rationale to transfer development rights is that it presents the opportunity to preserve land. Com. Lewis stated she concurred with the comments made but she would like to see some flexibility. Com. Craft stated he did not have a problem with moving forward with this tonight since they do not have a TDR program presently and it can be further refined. He sees it as a start to where they want to go and there may be compromises to be made in the future. Com. Coward stated he too concurred with many of the comments made, however he is still not clear what it means. He believes they need to make it clear and take the extra step to do so. He believes they need to separate the two issues. The County Attorney stated his understanding was the parcel/s had to be adjacent in order to transfer. He recommended adding the language, “ of the same or adjacent parcel of land” to the sentence. 7 Com. Grande stated this was a good suggestion. Com. Coward stated he would like to delete everything beyond this in sentence one. Com. Grande stated he believes they have a consensus on this issue. The County Attorney recommended striking the word “another” on line 3 and adding the word, “adjacent” and read the correction in its entirety. Policy 1.1.4.5 –“ In any instance where either this Comprehensive Plan or Land Development Code permits transfer of density from a portion of parcel of land to another portion of the same or adjacent parcel of land, the density transferred away shall not be replaced by transfer of density from the same or adjacent parcel of land”. It was moved by Com. Grande, seconded by Com. Coward, to approve Ordinance No. 07-044 as amended by the County Attorney, and; upon roll call, motion carried unanimously. Ordinance No. 07-025 Mr. Steve Ball representing the applicant addressed the Board in favor of the projects and staff recommendation. Com. Coward alluded to the letter from DOT and their recommendation. He also questioned the fair share contribution needed to be made by the developer. Com. Coward stated he would like clear language where it stated the developer will provide their fair share contribution for the roadways and it is recognized that a development order will be created to determine the amount. He would like to see that commitment. Mr. Andrew Riddle, Planner for St. Lucie County advised the Board of the drafted language reinforcing this issue to be added. Com. Coward requested there not be a figure inserted as noted of a 50ft. for the buffer because it may be required to be larger than the 50 ft. It was moved by Com. Grande, seconded by Com. Coward, to approve Ordinance No. 07-025 with the addition of # 7 under “findings” and the deletion of the description of the vegetative buffer, and; upon roll call, motion carried unanimously. The Public Hearings were closed by the Chairman RATIFICATION OF BOARD’S ACTION It was moved by Com. Lewis, seconded by Com. Coward to ratify the Board’s action as identified in the previous votes and to transmit the adopted Ordinances as amended to the State Department of Community Affairs for further processing per Florida Statutes, and; upon roll call, motion carried unanimously. 5.E COUNTY ATTORNEY (1:25:30) Ordinance No. 07-056- Economic Development Impact Fee Mitigation program- No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 15, 2008 at 6:00 p.m. or as soon thereafter as it may be heard. The County Attorney addressed the Board on this item and stated Com. Grande had previously recommended emphasizing that this was not an entitlement program somewhere in the ordinance. 8 The County Attorney recommended adding the language “because this program is not an entitlement program, the Board may reject the request for mitigation for any reason”. Com. Coward stated he also felt there needed to be additional language requiring a certain length of time for the company and jobs to remain in the area. The County Attorney stated staff would work on language and suggestions for the second hearing. The Chairman also requested the language regarding the monetary difference of the funds paid for the permit and the impact fee credit and how it would be refunded be made clear. No action required. There being no further business to be brought before the Board, the meeting was adjourned. _________________________ Chairman _________________________ Clerk of the Circuit Court 9