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HomeMy WebLinkAbout101221 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 21, 2010 Convened: 6:13 p.m. Adjourned: 7:04 p.m. Commissioners Present: Chris Craft, Chairman; Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod Mowery Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Waldon, Utilities Director, Mark Satterlee, Planning/Devel. Services Director, Marie Gouin, OMB Director, Lucero Carrillo, Deputy Clerk (minutes transcribed by Millie Delgado-Feliciano) I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 14, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the minutes of the meeting held December 14, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A.There are no proclamations/presentations scheduled for December 21, 2010. V. GENERAL PUBLIC COMMENT Mr. Mark Norton, 1101 U.S. Highway 1, addressed the Board and thanked them for meeting with him regarding the future development of the Port property. He would like to have further clarification as to what they are able to do with regard to Maritime Commerce as part of the development of the 67 acres. He requested the Board direct staff to take a look at the Port Master Plan and the County’ latest submittal to the DCA and advise him if Maritime Commerce would not be part of the Port Master Plan or the development plan. Com. Craft asked if he had received a copy of the Master Plan. Mr. Norton stated he had received a copy. He stated in the Master Plan it stated Commercial or marine industrial/commercial and everyone refers to the Master Plan as a mixed use and this is what he needs clarified. Com. Craft stated he did not have an issue with him sitting down with staff and finding out the code permits. Com. Dzadovsky questioned who he was representing. Mr. Norton stated he legally represented the Ft. Pierce Waterfront Terminals and Waterfront Investments. The County Administrator advised the Board she and the Public Works Department had a conference call with Mr. Norton and advised how he could walk through the Master Plan. Staff is always available should he need more clarification. The County Attorney stated he wished to make note that this is within the jurisdiction of the City of Ft. Pierce and in terms of site plan and anything else, the city must be included. It is a partnership between the City and the County and this property is privately owned, not owned by the County. The County owns the Cotton property. 1 Mr. Marty Raven, Ft. Pierce resident, addressed the Board and wished to thank those who participated in the Boat Parade. He also addressed item B-3. Discussion on B-3 The Chairman requested the Public Works Director provide a brief history on the property listed in item B-3 (pulled for discussion) and also requested C-1 be pulled for separate vote and discussion. The Public Works Director stated the road provides primary access to the Port area. The County has been working with the City to design a reconstruction of Second Street. The parcel is a proposed pond site for the Second Street project. They are looking to be able to provide utilities services when the area parcels are developed. They need to have a storm water collection system. They have a grant that will provide the funding for this parcel and there is a deadline on this grant. It would expire at the end of the year and he is not sure the grant would be extended. There is flexibility to also change the use of the grant. Com. Craft addressed the possibility of swapping this parcel out for one of equal value. The Public Works Director stated it could be done and if the Board decided to swap the parcel out, they would need to amend the storm water permit accordingly. They would need to find a pond of equal size. Com. Dzadovsky addressed the fact this has been in place since 2004 and has been extended many times. He believes as this gets developed it will be a road improvement as well as a water quality improvement which he felt was very important. Com. Mowery addressed his previous concerns with this particular site. His concern was the attempt to make this all work from an esthetic view. Although it is free money, the public could have concerns with regard to this being the best way and where to spend the funds. He wanted to make sure they were not getting ahead of themselves in thinking about storm water and not the other. Com. Lewis addressed the fact that if they do not have the storm water they cannot develop the area. While she agrees it has great retail potential, she knows there is a need for the storm water and would like to proceed with knowing they will be getting the pond completed. The Public Works Director stated they would also like to have the opportunity to consider other parcels should anyone be interested. It was moved by Com. Mowery, seconded by Com. Dzadovsky to approve the balance of the Consent Agenda with item C-1 being pulled for separate vote, and; upon roll call, motion carried unanimously. VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 12 B. COUNTY ATTORNEY 1. Resolution No. 10-317 – “Agricultural and Labor Program, Inc. 43 Anniversary Day”. rd The Board adopted Resolution No. 10-317 as drafted. 2. Grant Agreement - Special Olympics St. Lucie County The Board approved the proposed grant agreement with Special Olympics St. Lucie County, and authorized the Chairman to sign the agreement. 3. Contract for Sale and Purchase – Second Street Improvement Project – Port of Fort Pierce – Fishmonger Investors, L.L.C. – Parcel ID No. 2403-341-0009-000/4 The Board accepted the Contract for Sale and Purchase with Fishmonger Investors, L.L.C., authorized the Chairman to sign the Contract, directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 2 . COUNTY ATTORNEY CONTINUED 4. Sea Oats Subdivision - Request for Authorization to File Suit to Determine the Appropriate Disbursement of Security Deposit under Subdivision Improvements Agreement with Crimson Group, LLC The Board authorized the County Attorney to file suit to determine the appropriate disbursement of the security deposit under the Subdivision Improvement Agreement with Crimson Group, LLC. C. PARKS, RECREATION & FACILITIES Facilities Division: 1. FEMA Severe Repetitive Loss Program This item was pulled for separate discussion and vote. Parks & Recreation South Division: 2. MLK Dreamland Park AiPP Project The Board approved the Arts in Public Places (AiPP) Committee recommendation to award the MLK Dreamland Park Interactive Water Feature AiPP project to Tile It of the Treasure Coast, Inc. D. PLANNING & DEVELOPMENT SERVICES Planning Division: 1. Permission to advertise – TVC Overlay Zone Land Development Regulations revisions The Board authorized the advertising of three public hearings for Ordinance No. 11-002, revisions to the TVC Overlay Zone Land Development Regulations. Business Development & Concurrency: 2. Treasure Coast Sports Commission 2010/2011 1 Contract Amendment st The Board approved the 1 Amendment to the Treasure Coast Sports Commission st (TCSC) 2010/2011 bid fees and sponsorships contract permitting the TCSC to retain $7,703 of unspent monies and authorized the Chairman to sign the amendment to the contract as prepared by the County Attorney. E. HOUSING & COMMUNITY SERVICES Housing Division: 1. HOME Investment Partnership Agreement Amendment The Board approved the acceptance of the FY 10 grant agreement amendment for the HOME Investment Partnership Program, and authorized the Chairman to sign the documents as approved by the County Attorney. E. HOUSING & COMMUNITY SERVICES CONTINUED 2. Budget Resolution No. 10-320 The Board approved Budget Resolution No. 10-320, and authorized the Chairman to sign documents as approved by the County Attorney. Community Services Division: 3. Transit Block Grant – Year 2 The Board approved the Florida Department of Transportation Joint Participation Agreement for the Transit Block Grant; Budget Resolution No. 10-319 and First Amendment to Council on Aging of St. Lucie Sub Agreement C10-01-044, and authorized the Chairman to sign documents as approved by the County Attorney. 4. Federal Transit Administration (FTA) 5311 Operations Grant – FY11 3 The Board approved the Florida Department of Transportation Joint Participation Agreement for the FTA 5311 Non-Urbanized Area grant; Budget Resolution No. 10-318 and First Amendment to Council on Aging Sub Agreement C10-01-044, and authorized the Chairman to sign documents as approved by the County Attorney. C-1. FEMA- Severe Repetitive Loss Program Consider staff recommendation to approve: 1.Use County funding on a temporary basis to complete the approved SRL projects as outlined in the agenda memorandum. 2. Discontinue participation in the SRL and RL programs upon completion of current approved SRL projects. Staff provided a history on this item. Com. Mowery addressed the repetitive situation and his concern was the county possibly being at a loss at one point because we would not receive recovery due to the grant situations. He is pleased to see one of the recommendations is to not continue this program. The program sounded great but is not beneficial. Com. Dzadovsky addressed the counties that are attempting to be reimbursed by FEMA. Staff stated there are 3 counties and he has not been able to get in contact with two of them, but has spoken with Hallandale Beach and they advised him they have acquired the property, but not demolished the house yet. It has been very difficult for them and they do not anticipate continuing with the program. Com. Dzadovsky addressed the fact this program is very labor intensive and the county has consolidated many departments which makes it difficult. He asked if the county has been reimbursed for staff time on any of the project. Staff advised the Board they have placed a 5% administrative cost however, the time involved into the project, the 5% is a conservative number. The greater concern is the lack of staff to administer a grant this size not so much the cost not being covered. Com. Dzadovsky addressed covering the cost of keeping the property in perpetuity. This would be an unfunded mandate to the taxpayers and he felt this would not fair to them. Com. Hutchinson stated she would like for staff in the future to look at these types of issues with wider opened eyes. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Com. Mowery; Aye’s: Com. Dzadovsky, Com. Lewis, Com. Hutchinson, Chairman Craft; motion carried by a vote of 4 to 1. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 10-033 – Providing for Eminent Domain Waivers No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 4, 2011 at 6:00 p.m. or as soon thereafter as may be heard. The Assistant County Attorney addressed the item and addressed the changes to the Ordinance, providing Eminent Domain Waiver. No action necessary at this time. B. COUNTY ATTORNEY Ordinance No. 10-032 Library and Law Enforcement Impact Fees Consider staff recommendation to adopt Ordinance No. 10-032 and authorize the Chairman to sign the Ordinance. 4 The County Attorney requested this item be continued to January 4, 2011 at 6:00 p.m. or as soon thereafter. Com. Mowery addressed the Chamber of Commerce’s request to provide enough time for them to be able to address the Board due to the holidays. It was moved by Com. Hutchinson, seconded by Com. Dzadovsky to continue this hearing to March 1, 2011 at 6 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. C. PLANNING & DEVELOPMENT SERVICES Planning Division: Right-of-Way Protection Map Consider staff recommendation to approve adoption of proposed Ordinance No. 10-036 amending the text of the Land Development Code to include the Right-of-Way Protection Map in Section 7.05.03. Staff addressed the Board on this item and stated this was the second hearing on the Ordinance. She addressed the revisions requested at the last hearing and also clarification of the highlighted areas. County staff met with the TPO staff per the request of the Board. For clarification, staff advised the Board this is being taken out of the Comp Plan and being relocated. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. VIII. COUNTY ATTORNEY Interlocal Agreement with Port St. Lucie - Solid Waste Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the Interlocal Agreement with Port St. Lucie, 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 5