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HomeMy WebLinkAbout101109 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 9, 2010 Convened: 6:00 p.m. Adjourned: 9:00 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Dzadovsky, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Lauri Waldon, Utilities Director, Beth Ryder, Community Services Director, Mark Satterlee, Planning and Development Services Director, Joseph E. Smith, Clerk of the Circuit Court, Mike Powley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 19, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the meeting held October 19, 2010, and; upon roll call, motion carried unanimously. Approve the minutes from the October 26, 2010 meeting. It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meetings held on October 26, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-234 – “National Hunger and Homelessness Awareness Week” Consider staff recommendation to adopt Resolution No. 10-234 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 10-234, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Resolution No. 10-295 - Kids at Hope Community Consider staff recommendation to adopt Resolution No. 10-295 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 10-295, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY Resolution No. 10-298 – Proclaiming November 11, 2010 as “Veteran Day” in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Resolution No. 10-298, and; upon roll call, motion carried unanimously. 1 V. GENERAL PUBLIC COMMENT Mr. Sean Mitchell, representing the Green Task Force Apprentice Program, addressed the Board and wished to thank the Board and especially Com. Coward for their support of the program. He asked the Board to approve item 6-B-8. Mr. Tom Ladermirak, Port St. Lucie resident and a student at the Green Collar Training Center, addressed the Board and expressed his appreciation for the program. Dr. Kenneth Bridges, Sundowners Aero Squadron, addressed the Board and expressed his appreciation for the Board’s support and the relocation of their airfield. Mr. Bill Flint, Executive Director of Save the Chimps addressed the Board and thanked Com. Coward for his support in helping the sanctuary for the Chimps becoming a reality. He also expressed his appreciation to the balance of the Board members for their support as well. Mr. Craig Mundt, representing the UDT Seal Museum Board of Directors, addressed the Board and provided information on success of the muster they had last weekend. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 5 and 6. The Board approved Warrant List No. 5 and 6. B. COUNTY ATTORNEY 1. Contract for Sale and Purchase – Midway Road Improvements – Four-Laning of Midway Road from South 25 Street East to Selvitz Road – Billie R. and Ellen M. Nease – Parcel th ID 3403-502-0175-000/4 The Board approved the Contract for Sale and Purchase with Mr. & Mrs. Nease, authorized the Chairman to sign the Contract and Lease Agreement, directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. B. COUNTY ATTORNEY CONTINUED 2. Assignment of Revocable Limited License Agreement – Stuart Property Holdings, Ltd. to Floridian Golf Resort, LLC – Gilson Road – An animal crossing culvert and special fence. The Board approved the proposed Assignment of July 6, 1999, Revocable License Agreement to Floridian Golf Resort, LLC, authorized the Chairman to execute the Assignment and directed staff to record the Assignment in the Public Records of St. Lucie County, Florida. 3. State Revenue Sharing Improvement Revenue Bonds Series 2005 – Resolution No. 10- 290 Amending Exhibit G Project Description The Board adopted Resolution No. 10-290 and authorized the Chairman to sign the Resolution. 4. Revocable License Agreement – Gerard and Beatrice H. Burns – 4300 Avenue Q The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Mr. Burns and Mrs. Burns to record the Agreement in the Public Records of St. Lucie County, Florida. 5. Resolution No. 10-292 - Renewable Energy Portfolio Standards 2 The Board adopted Resolution No. 10-292 as drafted. 6. Approval of contract with New Horizons of the Treasure Coast The Board approved the contract with New Horizons. The contract will have a retroactive start date of October 1, 2010, incompliance with services rendered since the start of the 2010/2011 budget year. 7. Funding request for a Case Manager for Mental Health Court. Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community. The Board approved to deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Case Manager position that works in the Mental Health Court. This Contract term will be from 10/1/10 thru 9/30/11. 8. ADDITION- Logistics Center- First Amendment to the Facilities Use Agreement with the Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. The Board approved the First Amendment to the Facilities Use Agreement with the Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and authorized the Chairman to sign the First Amendment. C. PUBLIC WORKS Engineering Division 1.MCZ Mining Permit Application The Board approved scheduling a public hearing to be held December 7, 2010 at 6:00 p.m. or soon thereafter to consider the request of the MCZ/Centrum Citrus Farms’ Mining Permit application. 2. Special Assessment Notice of Intent for 2011 The Board approved advertising 10 public hearings to consider use of the uniform method of collection special assessments to be held at the Board’s regular day meeting on December 14, 2010, as outlined in the agenda memorandum. D. PLANNING & DEVELOPMENT SERVICES St. Lucie County International Airport: 1. LPA Work Authorization No. 31, 150 Acre Wetland Mitigation Area Maintenance Project The Board approved LPA Group Work Authorization No. 31 to provide consultant services for the Runway 10L/28R 150 Acre Wetland Mitigation Area Maintenance Project, for a lump sum amount of $76,084, and authorized the Chairman to sign documents as approved by the County Attorney. 2. Resolution No. 10-280, Terminal and Customs Facility Renovations (Phase 1) The Board approved Resolution No. 10-280 accepting the FDOT Joint Participation Agreement in the amount of $1,974,000 for the Terminal and Customs Facility Renovations (Phase 1), and authorized the Chairman to sign documents as approved by the County Attorney. 3. Resolution No. 10-281, Terminal and Customs Apron Rehabilitation The Board approved Resolution No. 10-281 accepting the FDOT Joint Participation Agreement in the amount of $808,000 for the Terminal and Customs Apron Rehabilitation project, and authorized the Chairman to sign documents as approved by the County Attorney. E. SHERIFF’S OFFICE 1. Authorization to accept 2010 State Criminal Assistance Program (SCAAP) Grant in the amount of $178,676.00 3 The Board approved resolution No. 10-289 and authorized the acceptance of the 2010 State Criminal Alien Assistance Grant in the amount of $178,676.00. 2. Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of $38,307.40 for budget year 2010. The Board approved the Sheriff’s budget amendment and transfer of funds in the amount of $38,307.40. 3. Budget Amendment for Miscellaneous Income for budget year 2010. The Board approved the Sheriff’s request for a budget amendment to increase the budget for miscellaneous revenues by $50,000. F. HUMAN RESOURCES 1. Prison Health Services Inmate HIV Medications Invoice for September, 2010 The Board approved payment of Prison Health Services invoice number PHS0008357 for HIV medications for the period of September 01, 2010 through September 30, 2010, in the amount of $37,806.16. F. HUMAN RESOURCES CONTINUED 2. Purchase of X-ray machine for Employee & Family Health Center The Board approved the transfer of $81,556 from the Central Services Employee & Family Health Center building fund to the Employee & Family Health Center equipment fund and approved Equipment Request # 11-014 and authorized the purchase of the Quantum Rad, Fuji XC-2, X-ray Machine in the amount of $81,556 G. HOUSING & COMMUNITY SERVICES Housing Division: 1. Contract Termination The Board approved terminating the balance of contract C10-05-207 with S & V American Contractors, Inc., executes a new contract with JJ’s Design and Construction, as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. 2. HOME Investment Partnership Program The Board approved the acceptance of the FY 10 grant agreement with HUD for the HOME Investment Partnership Program, approval of Budget Resolution No. 10-293, as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Rezoning Request – William S. Bland Consider staff recommendation to adopt Resolution No. 10-104 approving the petition of William S. Bland for a change in zoning from CO (Commercial, Office) to CG (Commercial, General), as outlined in the agenda memorandum. The following residents addressed the Board in favor of the change in zoning. Mr. Bill King area resident addressed the Board in favor of the change in zoning. Mrs. Arlene Goodman, White City resident, addressed the Board in favor of the change in zoning. Mr. Dave Williams, long time friend of the applicant addressed the Board in favor of the change in zoning. 4 Ms. Denise Hill, area resident, addressed the Board in favor of the change in zoning. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 10-104, approving the request of Mr. William Bland for a change in zoning from CO to CG, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Ordinance No. 10-032 Library and Law Enforcement Impact Fees This is the first of two public hearings; no action is required at this time. Dr. James Nicholas, Ph.D. Impact Fee Consultant provided an update on the Library and Law Enforcement Impact Fees. On October 21, 2010, the Planning and Zoning Commission y a vote of 7 to 2 recommended approval of the Ordinance updating library and law enforcement impact fees for consideration by the Board. Dr. Nicholas addressed the per capita cost per home for library materials and buildings. He also reminded those present that the impact fees are imposed on new construction only. Dr. Nicholas reviewed the Law Enforcement Impact Fees and advised the Board the existing library and law enforcement impact fees are outdated and the methodology needs to be adopted. He stated the methodology remains on a consumption driven basis and is not changing. He also recommended not employing the annual CPI adjustment for parks, road, public buildings, and library and law enforcement impact fees. The Board requested receiving feedback from the Sheriff’s office prior to the second public hearing. No action required. C. COUNTY ATTORNEY Ordinance No. 10-038 – Hours of Sale – Alcoholic Beverages Consider staff recommendation to adopt Ordinance No. 10-038 and authorize the Chairman to sign the Ordinance. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Ordinance No. 10-038, and; upon roll call, motion carried unanimously. D. UTILITIES Resolution No. 10-291, Rates, Fees and Charges Consider staff recommendation to approve adoption of Resolution No. 10-291 authorizing the adjustment of wastewater, and reclaimed water utility rates, fees and charges within the St. Lucie County South Hutchinson Island District Wastewater Utility as outlined in the agenda memorandum and attached exhibit. The Utilities Director addressed the Board on this item and stated the monthly base water charges will not be changing. The other charges will be adjusted based on the rate study by the water and sewer district and the customer count charge will increase by 10 cents per bill per month. Also a new convenience fee for credit card transactions will be $4.00. She also addressed the re-use fee for new construction. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-291, and; upon roll call, motion carried unanimously. E. PLANNING & DEVELOPMENT SERVICES Ordinance No. 10-034 – Solar Energy Ordinance Consider staff recommendation to approve adoption of Ordinance No. 10-034 approving the Solar Energy Ordinance, as outlined in the agenda memorandum. 5 Staff addressed the Board and reviewed the Supplemental Standards Solar Generation Station Revisions and the changes in the Ordinance. Com. Coward requested a change into the language in paragraph two, he requested rather than stating “the adjacent property owner must sign consent”. He would like the following language; “if no formal objection from the adjacent property owner”. This would not hold up a good project. It was moved by Com. Coward, seconded by Com. Dzadodvsky to approve Ordinance No. 10-034 as amended, and; upon roll call, motion carried unanimously. Staff advised the Board they would be addressing items F and G together. F. PLANNING & DEVELOPMENT SERVICES Conditional Use Permit – PJ Development, LLC Telecommunications Tower Consider staff recommendation to approve adoption of Resolution No. 10-109 approving the request for a Conditional Use Permit as outlined in the agenda memorandum. Quasi-Judicial Com. Craft advised the Board and those present of his contact with the applicant prior to today’s public hearing. Mr. Mac McCarty on behalf of the applicant addressed the Board and provided the history of prior submittal and addressed the re-application process. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. G. PLANNING & DEVELOPMENT SERVICES Paving Waiver and Fair Share Contribution Agreement – PJ Development, LLC Telecommunication Tower Consider staff recommendation to approve adoption of Resolution No. 10-266 approving the paving waiver and Fair Share Contribution Agreement as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Staff reviewed the adjacent landowner’s comments and the objection to the location and requested it be moved. Staff advised the Board Mr. Ryan’s property was initially the area where the tower was to be placed, however at that time they withdrew the application for that parcel due to the fair share contribution and they looked for a smaller parcel. Mr. Mac McCarty for the applicant gave the history of the prior application and the application before the Board today. Staff advised the Board the fair share contribution would be $25,732.25. It was moved by Com. Craft, seconded by Com. Dzadovsky to approve Resolution No. 10-266, and; upon roll call, motion carried unanimously. H. COUNTY ATTORNEY Resolution No. 10-297 – Industrial Development Revenue Bonds (Geoplasma St. Lucie LLC Project) Consider staff recommendation to approve Resolution No. 10-297 and authorize the Chairman to sign the Resolution. The County Attorney addressed the Board on this issue and stated the county is only the conduit for the Bonds and has no obligation for any repayment of such bonds. 6 The Geo Plasma representative stated they are looking to start this project during the second quarter of next year and would be able to construct in the spring of 2013. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 10-297, and; upon roll call, motion carried unanimously. I. COUNTY ATTORNEY Resolution No. 10-296 – Recovery Zone Facility Bonds (Health-Chem Diagnostic Holdings, LLC Project) Consider staff recommendation to approve Resolution No. 10-296 and authorize the Chairman to sign the Resolution. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 10-296, and; upon roll call, motion carried unanimously. VIII. COUNTY ATTORNEY (ADDITION) St. Lucie County v. T&T Land Settlement Offer Based on the recommendation of the County’s special counsel as set out in his November 8, 2010 letter, the County Attorney recommends that the Board accept the settlement where the parties would stipulate to a Final Judgment in the amount of $1,985,000, exclusive of fees and costs. Com. Lewis stated she would support the settlement due to the fact she felt this would be the best way for the county to go. Com. Dzadovsky stated he has never been in favor of the condemnation process however he believes they are giving the property owner back their investment and believes they must move forward. Com. Craft stated he was not in agreement as to how the process went down however; he would give his support making it a unanimous decision to approve. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve staff recommendation, 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 7