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HomeMy WebLinkAboutAgenda Packet 03-18-05 i' MARCH 18, Z005 z.OO PM SPECIAL BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and aSRs anyone wishing to speaR to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worluhops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (m) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us F.annle Hlltchln.on, Chal.man Dbt.lct NO.4 DOli. Cowa.eI, Vice Chal. Dbt.lct NO.2 'o..ph E. Smith Dbt.lct No. I Pallia A. Lewb Dbt.lct No. I Ch.b C.aft Dbt.lct NO.5 Ma.ch 18, 2005 2.00 P.M. INVOCATION PLEDGE OF ALLEGIANCE PH I. ADMINISTRATION Request for the Board to hold the formal Public Hearing to consider the revocation of a previously issued Conditional Use Permit, Resolution No. 00-022, File No.: CU-00-006, authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District (the "site"). The parties, John Talley, Lawrence VicJ?ers, Cynthia and Alto Lee Adams III, county staff, and their legal representatives, have met in an attempt to settle this matter but were unsuccessful. At the conclusion of the public hearing to consider the revocation of the Conditional Use authorized by Resolution No. 00-022, the Board will need to maJ?e one (1) of the three (3) finding below: a) Find that the operators of the Conditional Use Permits are not in violation of the issued conditions of operation and allow continued operation of the second air curtain incinerator. b) Find that the operators of the Conditional Use Permits are in violation of one or more of the issued conditions of operation for this facility and direct that appropriate corrective actions be taJ?en. c) Find that the operators of the Conditional Use Permits are in violation of one or more of the issued conditions of operation for this facility and revoJ?e the previously issued Conditional Use Permit to Treasure Coast Land Clearing and Treasure Coast Tractor Service, authorizing the operation of an air curtain incinerator, and the operation of a yard waste disposal facility on this property and refuse to allow continued operation of the second air curtain incinerator. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (m) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. DATE: 3-18-05 REGULAR: () PUBLIC HEARING: (X) QUASI-JUDICIAL ( X ) CONSENT: () TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Request for the Board to hold the formal Public Hearing previously issued Conditional Use Permit, Resolution No. 00-022, File No.: CU-00-o06, authorizing the operation of an air curtain incineratoron property located on the south side of Orange Avenue approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District (the "site"). The parties, John Talley, Lawrence Vickers, Cynthia and Alto Lee Adams III, county staff, and their legal representatives, have met in an attempt to settle this matter but were unsuccessful. BACKGROUND: On June 6, 2000, through Resolution I"Ð. 00- 021, the Board of County Commissioners approved a change in zoning from the AG-5 (Agricultural-1 du/5 acres) zoning district to the U (Utilities) zoning district for a 9.9 acre parcel of property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road. This rezoning petition was submitted jointly by Treasure Coast Land Clearing and Treasure Coast Tractor Service, two local land clearing contractors in the community. In conjunction with this requested change in zoni1g, the petitioners were also filing for a Conditional Use Permit to authorize the establishment of a land clearing debris disposal site through the use of air curtain incineration techniques. Approval was granted through Resolution 00-022, to allow the operation of an air curtain incinerator subject to certain conditions. A copy of both Resolutions are included in the Exhibit book as Exhibit 1 and 2 respectively. On November 11, 2003, through Resolution No. 03-185 (Exhibit 3), the Board of County Commissioners allowed the operation of a second air curtain incinerator at the site subject to certain conditions. Resolution 03-185 specifically conditioned that the authorization to operate the second air curtain incineratorwould expire on January 30, 2004 unless the petitioner obtained further authorization to continue that operation beyond that date. In the Exhibit book (Exhibit 62) you will find a copy of a request filed by Cynthia & Alto Lee Adams III, asking that the Board of County Commissioners hold a formal public hearing to consider the revocation of the previously issued Conditional Use Permit authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District. In sum, the Adams allege thatthe operators at this facility have, on numerous occasions, S:\RA Y\2005\OTHERS\TALL Y VIKERS PUBLIC HEARING\3.18.05 AGENDA.DOC · . exceeded or violated the standards of Section 11.07.00 (Conditional Uses) of the St. Lucie County Land Development Code; the special conditions of Resolution 00-22 granting the Conditional Use Permit to Treasure Coast Land Clearing and Treasure Coast Tractor Service, for the operation of an air curtain incinerator and have, on several occasions, been cited by the Division of Forestry and the Department of Environmental Protection for violations ranging from excessive smoke to incomplete permits. The parties, John Tally. Lawrence Vickers, Cynthia and Alto Lee Adams III, county staff, and their legal representatives, have met in an attempt to settle this matter but were unsuccessful. RECOMMENDATION: At the conclusion of the public hearing to consider the revocation of the Conditional Use authorized by Resolution No. 00-022, the Board will need to make one (1) of the three (3) finding below: a) Find that the operators of the Conditional Use Permits are not in violation of the issued conditions of operation and allow continued operation of the second air curtain incinerator. b) Find that the operators of the Conditional Use Permits are in violation of one or more of the issued conditions of operation for this facility and direct that appropriate corrective actions be taken. c) Find that the operators of the Conditional Use Permits are in violation of one or more of the issued conditions of operation for this facility and revoke the previously issued Conditional Use Permit to Treasure Coast Land Clearing and Treasure Coast Tractor Service, authorizing the operation of an air curtain incinerator, and the operation of a yard waste disposal facility on this property and refuse to allow continued operation of the second air curtain incinerator. COMMISSION ACTION: CONCURRENCE: o APPROVED o OTHER: o DENIED Douglas Anderson County Administrator o County Attorney: y Review and Approvals º Management and Budget: o Purchasing: o Originating Dept: o Other: o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 S:\RA Y\2005\OTHERS\TALL Y VIKERS PUBLIC HEARING\3.18.05 AGENDA.DOC COUNTY ADMINISTRATION MEMORANDUM TO: FROM: Board of County Commissioners Ray Wazny, Assistant County Administrator ~ March 4, 2005 DATE: RE: Consider request of Cynthia & Alto Lee Adams III, for the Board to hold a formal Public Hearing for the purpose of considering the revocation of a previously issued Conditional Use Permit authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District On June 6,2000, this BoardJ. through Resolution 00-021, granted approval to a change in zoning from the AG-5 (Agricultural- 1du/5 acres) zoning district to the U (Utilities) zoning district for a 9.9 acre parcel of property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road. This rezoning petition was submitted jointly by Treasure Coast Land Clearing and Treasure Coast Tractor Service, two land clearing contractors based in our local community. In conjunction with the requested change in zoning, the petitioners also jointly filed for a Conditional Use Permit to authorize the establishment of a land clearing debris disposal site. The land clearing debris brought to this site would be disposed of through the use of air curtain incineration techniques. At the time this conditional use was filed, the applicants indicated that only one (1) air curtain incinerator would be located on this site. The approvals granted through Resolutions 00- 021 (Change of Zoning) and 00-022 (Conditional Use), copies of which are included in the Exhibit book as Exhibit 1 and 2 respectively, authorized the operation of this land clearing debris disposal activity. Maps of the site are shown at Exhibits 80 and 81. On November 4,2003 this Board, through Resolution No. 03-185 (Exhibit 3), allowed for the installation and operation of a second air curtain incinerator at the Treasure Coast siteJ. subject to certain conditions and limitations. In addition to the several general and specific operating conditions, Resolution 03-185 included a specific condition that addressed as to when the operation of this second incinerator was to cease. Condition number 12 of Resolution 03-185 addressed this item and reads as follows: "12. The operation of the second air curtain burner is for a temporary time period, which will expire on January 30, 2004, unless this Board extends the operating period upon receipt of such request by the petitioner with substantial supporting data and approval by all parties involved. " At the time the Resolution 00-022 was approved, granting the original Conditional Use permit for this facility, Treasure Coast Land Clearing and Treasure Coast Tractor Service, were to jointly operate this facility. Some time after that approval was granted, two 1 separate business operations developed on the property, which ultimately resulted in the need for the requested amendments cited under Resolution 03-185. Mr. Lawrence Vickers, the petitioner and owner of Treasure Coast Tractor Services, Inc., was the immediate beneficiary of the authorizations allowing for the operation of this second air curtain incinerator. This added incinerator would allow for Mr. Vickers business operations to continue at the Orange Avenue location. The reason cited for this second incinerator was that there had been a business separation between Treasure Coast Tractor and Treasure Coast Land Clearing and the joint use of the one incinerator already on this site was apparently no longer a feasible option. During the public hearing processJ. Mr. Vickers indicated that it was his intent to ultimately move his business operations, including this second air curtain incinerator, to another site in the County. Based on this representation, the Board approved Resolution 03-185, with conditions, allowing for the use of two (2) air curtain incinerators on the subject parcel, as described under Resolution 00-022, for a period of three (3) months (November 2003 thru Jan 2004). An air curtain incinerator is defined by Chapter 17.256, F.A.C., as a portable or stationary combustion device that directs a plane of high velocity draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain. The air curtain incinerator is designed to destroy trees, brush, and stumps in a safe controlled burning process. The increased combustion time and turbulence of the air curtain incinerator operation results in the complete combustion of the loaded clearing debris. The protective curtain created by the rotating air significantly reduces emissions from the incinerator. The likelihood of sparks escaping into the atmosphere and igniting other materials outside the pit is considered to be remote. Over the last few years, since granting the first Conditional Use Permit for the operation of an air-curtain incinerator on this site, both Treasure Coast Land Clearing and Treasure Coast Tractor Services, Inc., have been cited several times by local County Code Officials (Exhibits 15, 18, 37, 62A, 62C, and 62D). The current facility has not met the prior assurances represented to the Board of County Commissioners about the operation to ensure that the facility would not have an undue negative effect on the surrounding properties (Exhibit 62). In January 2005, County Staff completed an aerial reconnaissance of the debris disposal operation at this site (Exhibit 76). That review indicated that the burners were operating on an alternating basis as previously agreed to, but that the sites themselves, particularly the Treasure Coast Land Clearing Site, were not being developed in a manner consistent with the requirements of the prior approval resolutions. Specifically, the debris piles appeared not to be in conformance with the separation standards required for fire protection and the area being used for the operation appeared to exceed the limits of the conditional use permit and indicates a pattern of apparent continued violation of the terms and conditions of Resolutions 00-022 and 03-185. Aerial photographs taken on March 2, 2005 (Exhibits 84 and 85) indicate that the property is currently in violation. The State Division of Forestry has stated to County staff that over the past two years, a number of Incident Reports (Exhibits 62A, 62B, 62C) were issued to this burning operation directing that the operators of this facility redesign/rebuild the trenches to meet current regulatory standards. The genesis of many of these Incident Reports was complaints filed by local area residents that the burning operations at this facility appeared to be in conflict with the issued operational permits. In addition, on April 2 7, 2003, as a result of excessive vegetative stacking, a spark that was emitted from the fire pit started a fire in the adjoining stockpile areas resulting in an emergency response action by the St. Lucie County Fire Department and the State Division of Forestry. It is acknowledged that both Resolution 00-022 and Resolution 03-185 included a provision that in the event that St. Lucie County were declared a federal disaster area following or as a result of either storm, hurricane, freeze or other widespread damage, the County Commission may suspend any or all of the standards/restrictions set forth in those resolutions for the duration of the declared emergency in order to facilitate the removal of vegetative debris. No formal action was taken by this Board addressing this condition, and these operations have exceeded their authorized limits of occupancy, operation and duration of specific operation, which can result in a finding by this Board that they be in violation of the terms and conditions of Resolutions 00-022 and 03-185. Section 11.07.05(H), of the St. Lucie County Land Development Code reads as follows: REVOCATIONS OF CONDITIONAL USE PERMIT In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every conditional use approval that such approval may be revoked for: a.) Violation of any condition imposed upon such approval, and b.) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permitee consents to a revocation of the permit. If the permitee provides written consent to the revocation to the Community Development Director, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. Editors note: in ADril 2004. this Board aDDroved chanaina the iob title of the Community DeveloDment Director to the Growth Manaaement Director. Throuahout the Land Develooment Code. all references to the term Community Develooment Director are assumed to aODlv to the same authority to the Growth Manaaement Director. A alobal edit chanae to the Land Develooment Code is forthcomina. Attached you will find a copy of a request filed by Cynthia & Alto Lee Adams III, asking that the Board hold a public hearing to formally consider the revocation of a previously issued Conditional Use Permit authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District. In sum, the Adams' allege that the operators of this facility have, on numerous occasions, exceeded or violated the standards of Section 11.07.00 (Conditional Use) of the St. Lucie County land Development Code; and the special conditions of Resolution 00-022 granting the Conditional Use Permit to Treasure Coast Land Clearing and Treasure Coast Tractor Service. As reported to you previously, the complainants are alleging that the operators of this yard waste disposal facility are doing so in violation of the conditions set forth in Resolution 00-022. A copy of the full September 16, 2003, agenda item where this matter was last discussed at length with the Board is attached for your review (Exhibit 64). At the September 16, 2003 Board discussion on this matter, County staff was directed to meet with the complainants and the operators of Treasure Coast Land Clearing and Treasure Coast Tractor Services to see if a settlement agreement could be worked out to address the concerns being raised by the Adams'. That meeting was held the following 3 week. At that meeting staff was advised by all parties to the proceeding that a proposed Settlement Agreement was being discussed and it was hoped that such an agreement would serve to address the concerns of the Adams' and still allow for the continued operation of th is facility. Prior to the Board beginning its review ofthe request to revoke the previously issued Conditional Use Permit, all of the private parties to the proceeding indicated that an agreement in principal had been reached and that they did not wish for the Board to take any further action on this matter. It was the collective belief that this matter could be worked out in manner acceptable to all. However, the parties have not reached a final settlement, the neighbor complaints continue and it would appear that a public hearing on the question of whether or not to revoke this Conditional Use permit is required. RECOMMENDATION: Staff recommends that the Board proceed with the requested review of the previously issued Conditional Use Permit to Treasure Coast Land Clearing and Treasure Coast Tractor Service, authorizing the operation of an air curtain incinerator, and the operation of a yard waste disposal facility on this property. County staff is prepared to discuss the current conditions of this property. A preliminary review of the site conditions indicates that there are some violations of the special conditions outlined in Resolution 00-022. Following the conclusion of the Public Hearing to consider the revocation of the Conditional Use authorized by Resolution No.00-022, the Board will need to make one (1) of three (3) findings. a) Find that the operators of the Conditional Use Permits are not in violation of the issued conditions of operation and allow continued operation of the second air curtain incinerator. b) Find that the operators of the Conditional Use Permits are in violation of one or more of the issued conditions of operation for this facility and direct that appropriate corrective actions be taken. c) Find that the operators of the Conditional Use Permits are in violation of one or more of the issued conditions of operation for this facility and revoke the previously issued Conditional Use Permit to Treasure Coast Land Clearing and Treasure Coast Tractor Service, authorizing the operation of an air curtain incinerator, and the operation of a yard waste disposal facility on this property and refuse to allow continued operation of the second air curtain incinerator. If based upon the testimony and evidence presented at this public hearing, the Board determines that the terms and conditions of Resolutions 00-022 have been violated and the Board decides to formally revoke the authorizations granted under that Resolution, staff recommends the Board make the following findings: A. CONSISTENCY WITH LOCAL CODE AND COMPREHENSIVE PLAN The proposed conditional use is in compliance with all requirements, and is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County; and is in compliance with all additional standards imposed on it by the particular provisions of this Code authorizing such use. 4 When originally approved, Resolution 00-022 included a series of special or limiting conditions of approval, that were designed to ensure that the proposed use could be determined to be consistent with the County's Land Development Code and comprehensive plan. in reviewing the level of compliance with these conditions, this Board finds that conditions number _; _; and _; of Resolution 00-022 are being complied with. B. EFFECT ON ADJACENT PROPERTIES 1. The proposed conditional use will not have an undue adverse effect upon nearby property. This Board finds that since the original date of approval, the operation of this air-curtain incinerator does have an adverse effect on the nearby properties through the emission of detectable levels of smoke; failure to surround the processing yard with a fence/wall or opaque vegetative screening, an apparent disregard for the limitation on the hours of operation, and the excessive stockpiling of material in manner inconsistent with the spacing standards described in Resolution 00-022 and the stockpiling of material in excess of the permitted limits for such stockpiling as described in the legal description of Resolution 00- 022. 2. The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located. This Board finds that since the original date of approval, the operation of this air-curtain incinerator has become incompatible with both the existing and planned character of the surrounding area since the air curtain incinerator and yard waste disposal operation does result in the emission of detectable levels of smoke; an apparent disregard for the limitation on the hours of operation and the excessive stockpiling of material in manner inconsistent with the spacing standards described in Resolution 00-022 and the stockpiling of material in excess of the permitted limits for such stockpiling as described in the legal description of Resolution 00-022. 3. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping, and screening. This Board finds the conditional use activities authorized under Resolution 00-022 have exceeded the limits of the original approval and do result in an adverse effect on properties in the immediate vicinity. 4. The proposed conditional use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. This Board finds the conditional use activities authorized under Resolution 00-022 have exceeded the limits of the original approval thus negatively impacting the use of the neighboring property, in accordance with applicable district regulations. 5 C. ADEQUACY OF PUBLIC FACILITIES The proposed conditional use will be served by adequate public facilities and services, including roads, police protection, fire protection, solid waste disposal, water, sewer, drainage structures, parks and mass transit. N/A - this is a concuffency related item. D. ADEQUACY OF FIRE PROTECTION The applicant for the proposed conditional use has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. This Board finds that Conditional Use activities authorized under Resolution 00-022 have a negative impact on the local fire services to this site. Firebreaks in the vegetation have not been provided. E. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). N/A - this site is not located on a Barrier Island. If you have any questions, please let me know. RLW/jc-05-13 c: Douglas M. Anderson, County Administrator Dan Mcintyre, County Attorney Ed Cox, Growth Management Director David Kelly, Planning Manager Cynthia & Alto Adams III Dennis Grim, Building and Inspections Manager Dennis Bunt, Asst. Building and Inspection Manager Michelle Prestridge, Code Enforcement Supervisor Ricky Farrell, Esq. Edward W. Becht, Esq. R.N. Koblegard, III, Esq. R. Dean Cannon, Esq. John Johnson, Esq. 6 . . .. .. I!II I!II I Jì I . I!II , I , ; . .'11 () ~ CD (I) s. ~ QO .....¡ m en c æ () ~ §" c.. o (þ §. <5 03/15/2005 TUE 12:21 FAX Treasure Coast Land Clearing, Inc. P.o. Box 1132 FT. PIERCE, FL 34954-1132 (772) 466-7290 March 10. 2005 Ray Wazny St Lucie County Board of County Commissioners 2300 Virginia Ave Ft Pierce, FL 34982-5652 RE: ORANGE AVE AIR CURTAIN INCINERATOR CONDITIONAL USE PERMIT FIRE PREVENTION PLAN Resources on site: 1. Three fire hydrants (as indicated on site plan) capable of providing 1200 GPM with 60 PSI residual pressure. 2. Five fire attack hand-lines ( 200 ft long each) 3. Six strategically located Rainbird (Agricultural type) sprinkler heads capable of discharging 1000 GPM. 4. Heavy equipment - one traekhoe, one front end loadet\ one dozer. 5. One 2000 gallon water truck.. 6. One 6" dry well. Action Plan: Whenever the facility is in operation, there wi11 be no less than 10 employees capable of responding to a fire emergency. Our employees will be made keenly aware of the potential for fire development and spread within our facitity and will take all steps necessary to reduce or eliminate the risk. Debris and land clearing material will be stored (as per the site plan) in piles with dimensions no greater than 100 ft wide by 250ft long by 20 ft hìgh. Piles will be no closer than 50 feet from one another. All piles will be accessible by vehicle and the cntry road will be maintained free of any debris or obstructions. ~ 002/004 S· ~(~"r-'" .. , :,..-:- r'.'. ,',0 r'l n 17. r··.·.-.. ,.', ! . (---"--'....., ) , . \ V " c~ ' . I ~I I ' . , I r~~i.. i:~'! ¡-.! MAR 1 5 200~ 131 Ir ~ ," ': ~ 03/15/2005 TUE 12:22 FAX Whenever the air curtain incinerator is in use, and depending on the prevailing wcather conditions, the Rainbird sprinklers will be used to prevent the spread of flying embers. They will also be used to control any smoldering type fire that may result from the decomposition of accumulated material. For smoldering or small fires, our employees will immediately activate the fire pump, Rainbird sprinklers, and fire hydrants and attempt to extinguish the fire using both hand- lines and heavy equipment. If the situation warrants, the supervisor will notify St Lucie County Fire Dispatch. It is anticipated that because our employees can extinguish these types offirc:s without assistance, notification of the Fire Department will be for precautionary reasons and also to prevent possible complaint responses. In the unlikely event of a large fire, the same actìons will be taken as for a small fire- except that the supervisor wì1l immediately call 911 and request a full Fire Department response. Fire Prevention Plan: We keep piles 250' away ftom bum except what we're burning next burn day. We have taken precautions by înstalUng water lines & sprinkler systems. To prevent fires from starting around the burner, we have 2 hose hookups for either side to extinguish any fires that got started around the burner and also as a prccautìon we have sprinklers running in the direction of the wind to put out any smoke around the burner. Since we have installed sprinklers we let them IUIl however long it takes on whatever side the wind is blowing toward before starting the burner up. Also we'll have sprinklers to keep material wet on the whole side the wind is blQwing to in so in case of fire, the embers would be put out on the side away from the incinerator. In case of man-made or natural disaster, we have a 2000 gallon water tnlck to help with the sprinklers and we have numerous hose hook-ups for fire hose down. along the berms. If the fire, by freak of nature , got out of hand, we have the capability of bringing in dozer$, dump trucks an4 excavators to extinguish the fire and smoke. Also we have the capabi1ity of having personnel on site around the clock in order to get the situation under control. We have 2 certified visible emissions evaluators on staff - one on site. Jaek R. Perry- Certificate #325613, and Charles A Perry III) Certificate #325612. We Have 2 sources of water for the sprinklers - one 6"diesel pump that's capable of 1000 gallons per minute and an artesian well with pump capable of 3 50 gallons per minute. The fire department has never had to COme out to our side of the property. ~ 003/004 ,. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL PUBLIC HEARING AGENDA MARCH 18, 2005 IN RE: ORANGE AVENUE AIR CURTAIN INCINERATOR CONDITIONAL USE PUBLIC HEARING RE PERMITS HELD BY TREASURE COAST LAND CLEARING, INC./TREASURE COAST TRACTOR SERVICE, INC. REQUEST TO PRODUCE TO: TREASURE COAST TRACTOR SERVICE, INC. c/o RICKEY FARRELL, ESQ. 1595 SE Port St. Lucie Boulevard Port St. Lucie, FL 34952 TREASURE COAST LAND CLEARING, INC. c/o EDWARD BECHT, ESQ. 321 South Second Street Fort Pierce, FL 34950 TREASURE COAST LAND CLEARING, INC. c/o R. DEAN CANNON, JR., ESQ. P. O. Box 3068 Orlando, FL 32802-3068 PLEASE TAKE NOTICE that the undersigned counsel requests the above-named addressee to produce at the Special Public Hearing to be held on March 18, 2005 at 2:00 p.m. in the Commission Chambers, Roger Poitras Annex, Third Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, FL. the following: 1. Any and all evidence of compliance with the Department of Environmental Protection (~DEP") Per.mit No. 1110107-003-AO (~Per.mit"), including but not limited to: a. Copies of all log books evidencing dates of initial and annual opacity testing, and copies of such test reports; b. Copies of all daily logs required by Paragraph 3.2 of the Permit; c. Copies of all compliance test reports as required by Paragraph 5.2 of the Per.mit; d. Copies of all records of initial and annual opacity",..~..._ tes ts as required by Paragraph 3. 1 of the Per.mi t; . m~\ 1 e. Copies of all monthly logs as required by Paragraph MAR I .4 2005 y 3.3 of the Permit; f. Copies of all records of the occurrence and duration of any startup, shutdown or malfunction in operation as required by Paragraph 3.4 of the Per.mit; g. Copies of the Operation and Maintenance guide as required by Paragraph 1.14 of the Permit; h. Copies of certificates provided to operators as required by Paragraph 1.15 of the Per.mit; i. Copies of all correspondence with DEP detailing description and causes of noncompliance as required by Paragraph 8 of the Appendix to the Per.mit; j. Copies of all other monitoring infor.mation required under DEP Permit No. 1110107-003-AO; k. Copies of any other correspondence to and from Department of Environmental Protection. 2. Copies of evidence of payment of any and all fines assessed against Treasure Coast Land Clearing, Inc. and/or Treasure Coast Tractor Service, Inc. by Department of Environmental Protection. 3. Evidence of compliance with Paragraphs 10, 11 and 14 of St. Lucie County Resolution No. 00-022, including but not limited to copies of the Fire Prevention Plan, reports of annual fire prevention reports, and cash security fund, bond or irrevocable letter of credit. I HEREBY CERTIFY that a true copy of the foregoing has been furnished by mail to the above addressee and to DANIEL McINTYRE, County Attorney, 2300 Virginia Avenue, Fort Pierce, FL 34950, on March 11, 2005. FEE, KOBLEGARD & DeROSS Attorneys for Cynthia and Alto Lee Adams, III 401 S. Indian River Drive Fort Pierce, FL 34950 (772) 461-5020 By R. N. Koblegard, III Florida Bar No. 108382 J.. w L. Exhibit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 .. ... ¡ ... i.. i. ·1;· t ... w .. I ... L. ... \ '- '- I.. % ... , .. l' J.. 1.. ORANGE AVENUE AIR CURTAIN FACILITY INDEX Resolution No. 00-021 Change in Zoning to Utility - June 6,2000 Resolution No. 00-022 Allows for use of Air Curtain Incinerator (ACI) - June 6, 2000 Resolution No. 03-185 Allows for use of second ACI - November 4,2003 Minutes of Board of County Commissioner BCC meeting - June 6, 2000 Minutes of Board of County Commissioner BCC meeting - September 16, 2003 Minutes of Board of County Commissioner BCC meeting - November 4, 2003 Minutes of Board of County Commissioner BCC meeting - April 20, 2004 SLC Certificate of Capacity #597 dated July 7, 2000 SLC Snay memo dated April 30, 2002 to SLC D. Murphy. ACllssues SLC Wazny memo dated May 1, 2002 to SLC Grim. ACI Stop Work Order SLC Stop Work Order dated May 2, 2002 Adams letter dated May 8, 2002 to SLC Kelly. ACI Zoning Becht, Esq. Letter dated Sept. 4, 2002 to SLC Wazny. ACllssues SLC Wazny letter dated Sept. 10, 2002 to Becht, Esq. ACllssues SLC Wazny memo dated Sept. 27, 2002 to BOCC. ACllssues. SLC Wazny memo dated Oct. 8, 2002 to SLC Grim. Stop Work Order SLC Grim memo dated Oct. 9,2002 to SLC Wazny. Stop Work Order SLC Photos taken on Oct. 9, 2002 - 2 pages Becht, Esq. Letter dated Oct. 11, 2002 to SLC Grim. Stop Work Order SLC Grim letter dated Oct. 11, 2002 to Becht, Esq. SLC Photos taken on Oct. 15, 2002 - 6 pages CE Becht, Esq. Letter dated Oct. 22, 2002 to SLC Wazny. DEP Permit Issues SLC Wazny letter dated Oct. 24, 2002 to Vickers. TCSC Bond Posting. SLC Wazny letter dated Oct. 30, 2002 to Becht, Esq. DEP Permit Issues SLC Prestridge email dated Oct. 30, 2002 to SLC Wazny. Stop Work Order Posting DEP Air Curtain Permit dated Jan. 27, 2003. TCLC & TCTS Becht, Esq. Letter dated January 29,2003 to SLC Wazny. DEP Permit Issues SLC Murphy letter dated Jan. 29, 2003 to Vickers. TCTS. SLC Wazny letter dated Feb. 14,2005 to J. Talley, TCLC. ACI Hours SLC Prestridge letter dated Feb. 20, 2003 to E. Becht, Esq. TCLC Stop Work Order. SLC CE Photos taken on April 9, 2003 - 4 pages. DEP Tittle letter dated May 1, 2003 to L. Vickers. TCTS - Intent to Issue SLC Kelly letter dated May 7, 2003 to DEP Hobbs. TCLCITCTS Becht, Esq. letter dated May. 9, 2003 to SLC Murphy. TCLC Lot Split C. & A. Adams letter to DEP Tittle dated May 9, 2003. ACI Issues DEP Tittle letter dated May 21,2003 to Vickers. Request for Administrative Hearing SLC Prestridge memo dated May 22, 2003 to SLC Bunt. Stop Work Orders Vickers letter to SLC Wazny dated May 22, 2003. ACllssues SLC Wazny letter dated June 6,2003 to D. Vickers. Air Curtain Issues C. & A. Adams letter dated June 10, 2003 to SLC Mcintyre. Request for Public Hearing C. & A. Adams letter dated June 17, 2003 to DEP Tallam. ACI Exhibit Not Used C. & A. Adams letter dated June 24,2003 to DEP Tallam. R. Farrell, Esq. letter dated June 25,2003 to C. Adams. TCTS Vickers E. Becht, Esq. Letter dated June 26,2003 to SLC Wazny. TCLCITCTS R. Farrell, Esq. Letter dated June 26,2003 to SLC Wazny. TCTS - Lot Split SLC Newspaper Notice published July 3, 2003. TCTS Vickers SLC P & Z letter by Ed Merritt dated July 7,2003 Notice of Hearing. TCTS Vickers ;' 49 L 50 51 ¡ 52 I- 53 54 .. 55 56 57 ... 58 59 60 :t ... 61 62 62A ... 628 62C 62D ... 62E 62F II. 62G 62H 621 ... 62J 62K 63 ::. 64 ilia 65 L 66 67 68 69 ... 70 71 ... 72 73 74 II. 75 76 77 I.. 78 79 80 ... 81 82 '- 83 .. , í. C. & A. Adams letter dated July 10, 2003 to SLC Kelly. TCTS Vickers M. Adams letter dated July 11, 2003 to SLC Kelly. TCTS Vickers Harrison's letter dated July 15, 2003 to SLC (David Kelly). TCTS (Vickers) R. Adams letter dated July 16, 2003 to SLC P & Z Commission. TCTS (Vickers) M. Harrison letter dated July 16, 2003 to SLC (David Kelly). TCTS (Vickers) SLC Memo dated Aug. 14,2003 to P & Z Commission. TCTS (Vickers) SLC Prestridge letter dated Aug. 20, 2003 to D. Vickers TCTS. SLC CE Photos taken on Aug. 20, 2003 (14 pages). SLC Planning & Zoning/Local Planning Agency Meeting minutes of Aug. 21, 2003 TCTS (Vickers) C. Adams letter to SLC Cordeiro dated Sept. 4, 2003. TCLCrrCTS SLC Notice of Hearing sent on Sept. 5, 2003. TCTS (Vickers) SLC letter by Commissioner Barnes dated Sept. 5, 2003. TCTS (Vickers) SLC Agenda Request dated Sept. 16, 2003 for Board to hold a Public Hearing at request of Adams Adams' letter of Sept. 8, 2003 to SLC Murphy with violation information Attachment to Ex. 62 - FL. Division of Forestry Incident Card dated Feb 15, 2001 Attachment to Ex. 62 - FL. Division of Forestry Incident Card dated March 18, 2002 Attachment to Ex. 62 - FL. Division of Forestry Incident Card dated Aug. 8, 2002 Attachment to Ex. 62 - SLC (R. Wazny) - Letter of June 6, 2003 Attachment to Ex. 62 - TCTS - D. Vickers Letter of May 22, 2003 Attachment to Ex. 62 - FL. Division of Forestry Burning Authorization July 15-July 28, 2002 Attachment to Ex. 62 - FL. Division of Forestry Incident Card dated July 17, 2002 Attachment to Ex. 62 - DEP Field Notes (Sean Hobbs) dated Sept. 5, 2003 Attachment to Ex. 62 - DEP Warning letter to Mr. Talley dated Oct. 1, 2002 Attachment to Ex. 62 - DEP Warning letter to Mr. Vickers dated Oct 1, 2002 Attachment to Ex. 62 - DEP Warning letter to Mr. Talley dated April 15, 2003 SLC (Leo Cordeiro) letter to C. Adams dated Sept. 9, 2003. TCLCrrCTS SLC Agenda Request dated Sept. 16, 2003 for Board to revoke CUP SLC CE Photos taken on Oct. 24, 2003 (4 pages). SLC CE Aerial photos taken on Oct. 28, 2003 (8 pages). SLG Agenda Request dated Nov. 4,2003 for Board to deny operation of second ACI SLC (M. Prestridge) email dated Nov. 24, 2003 to A. Bowers - ACI Fire. DEP (J. Moulton) letter to L. Vickers dated Mar. 30, 2004. Warning Letter DEP (J. Moulton) letter to J. Talley dated Mar. 30, 2004. Warning Letter SLC CE Aerial photos taken on June 14, 2004 (24 pages). SLC CE Aerial photos taken in Aug. 2004 (5 pages). SLC CE Photos taken in Oct. 2004 (3 pages). SLC CE Photos taken in Nov. 2004 (3 pages). SLC CE Photos taken on Nov. 12,2004 (7 pages). SLC CE Photos taken on Jan. 27, 2005 (9 pages). E. Becht, Esq. Letter dated Nov. 15,2004 to SLC K. Smith, Esq. TCLC (Talley) J. Talley - TCLC letter dated Feb. 1, 2005 to SLC. ACI Hours SLC (M. Prestridge) memo to R. Wazny dated Feb 18, 2005. Summary of Code Enf. ACt. SLC Map showing general location of ACI site SLC Map showing specific location of ACI site Copy of Land Development Code Section 3.01.03 W. Utilities P. Ferrick letter undated to SLC BOCC. TCLCrrCTS i. " L l t. II. 1 2 3 F 4 L 5 6 ~ 7 ... 8 9 '- 10 11 ~. 12 , .. 13 14 L 15 16 17 ~ 18 .. 19 20 ~ 21 ... 22 23 ~ 24 lilt 25 26 '& 27 .. ~ 28 29 L 30 ! 31 32 L 33 34 35 L ~ 36 J 37 38 . 39 ... 40 41 L .. 42 4 ì ... l L.. . . RESOLUTION 00-021 FILE NO.: RZ-OO-Ð04 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-5 (AGRICULTURAL - 1 DU/5 ACRES) ZONING DISTRICT TO THE U (UTILITIES) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. Treasure Coast Land ClearinQ, Inc. and Treasure Coast Tractor Services. Inc., presented a petition for a change in zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the U (Utilities) Zoning District for the property described below. 2. On May 18, 2000, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing . notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the AG-5 (Agricultural - 1 du/5acres) Zoning District to the U (Utilities) Zoning District forthe property described below. 7- ro n Ç) 1 CJ CD CJ .. c Ct "'- to.; --.¡: "'- c c t- t- .. 3. On June 6, 2000, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. (., u 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plqn and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. File No.: RZ-00-006 May 6. 2000 17) lJ Resolution 00-021 Page 1 ¡.' - L , , I.. ~ ... ... ~ ... ¡ ... .. it .. L ... ... .. x .. [t III ... } .t ... L .. . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: The south 936 feet, less the East 100 feet, and less the West 100 feet, of the following described parcel: A parcel of land lying in Section 9, Township 35 South, Range 38 East, St. Lucie County, Florida, being more particularly described as follows: The East % of the East Yz of the Southwest ~ of Section 9, less the north 202 feet and the south 39 feet for road and canal right-ot-way. (Part of Tax ID. No. 2209-311-0001-00019). (Location: South side of Orange Avenue, approximately 1 ,800 feet west of Sneed Road) owned by Treasure Coast Tractor Services, Inc., is hereby changed from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the U (Utilities) Zoning o ¡strict. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. c: ;¡: r:r .- C :::>: -- t.. -' c After motion and second, the vote on this resolution was as follows: >: I G fT r< r< Ci' (J Chairman John D. Bruhn AYE Vice-Chairman Frannie Hutchinson AYE Commissioner Doug Coward AYE Commissioner Cliff Barnes AYE Commissioner Paula Lewis AYE File No.: RZ-OO-OO6 May 6. 2000 Resolution 00-021 Page 2 w .. . ... . \' ~ H I.. 1 2 3 ÌIIt 4 5 , 6 ¡ ¡ iI. 7 8 L 9 10 11 12 ... 13 14 15 ... 16 17 II. 18 19 20 L 21 22 23 t~, 24 .. 25 26 .... 27 28 29 .. 30 31 32 .. 33 34 35 tit .. 36 37 "" 38 ~ .. 39 40 41 ... L i... . . . PASSED AND DULY ADOPTED This 6th Day of June, 2000. BOARD OF COUNTY COM¥I.~fþj~)~\ > . ST. LUCI~ COUNTY, FL~~!~;~;~X ~. ¡k 0'\)~ .~,\. ~ , : . .~ \.'J:~~~~l::;/~.?ì ^~'kr~-'\~v·¡; o· f" BY ÞChaimian· .. ~~~~::&:J~ /"!i'~~;I'P ATTEST: APPROVED AS TO FORM AND "," ';"'.'.~ COR CTNESS: cs H:\ W p\Rezoning\landclearing\resolutio n.wpd File No.: RZ-OO--OO6 May 6, 2000 CountY Attornéy I ¡ (j" !) }/ Resolution 00-021 Page 3 o ;:::J:J tI:; c:J o ;r.; J-1 L·j J-1 a T :D m IT1 N ,.....J cr-. c:r-. F·'; ( .~, - ..... ," . . . ~ -, 'I - . . . JºANNE HOlMAN, CLERK OF THE CIRCUIT"COURT - SAINT LUCIE COUNTY FIle Number: 1817547 OR BOOK 1308 PAGE 2135 . Recorded:06/22/00 09:18 ~ 1. : .: : . " . 1. ("""'" . r,t..E. . 00 i -rl~ J\/Q\,y ..~. L~~ -1.\1. ~\J. ?\~~~\ II. , ';I' Ii 3 .. 4 L 5 6 7 .. 8 9 i [ i 10 "'1 I 11 I . ! .12 L-l. 13 ~;·I 14 ",J ': i'¡ 15 L.. J 16 ..I 17 I 18 L..: ' 19 20 '.. ,I . 21 ~; ,1 L: 22 -. .j ¡ : 23 ,'1: 24 L', 25 :1 . 26 ~\i.:!d: ,""'; 30 L¡I ; 31 i1: 32 !1 . Ii .: . 33 . " ....:] . 34 '. ¡ . 35 ¡ " .; 36 ;V'I ,; I.: : 37 ':1 38 :1 ; U ¡ ~~ ;'i f'"~ 0, ¡ 1 ... "';1 .. ;1 L RESOLUTION 00-022 FILE NO.: CU-OO-o06 A RESOLUTION FOR A CONDITIONAL USE PERMIT_TO ALLOW THE OPERATION OF-AN- AIR CURTAIN INCINERATOR IN THE U (UTILITIES) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony andevidence~ including but not limited to the staff report, has made the following determinations: 1. Treasure Coast Land Clearinq Inc. and Treasure Coast Tractor Service, Inc., presented a petition for a Conditional Use Permit to allow the operation of an air curtain incinerator in the U (Utilities) Zoning District for the property described below. 2. On May 18, 2000; the 81. Lucie County Planning and Zoning Commission held a public hearing on the petition,-after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500, feet of the subject property, and recòmmended that the Board of County Gommissionersapprove the - hereinafter described requestfor·a~CoAditi0nal Use Permit in the -U (UtHities) Zoning Districtfor the property described below. 3. On June 6, 2000,this Board held -a'publie hearing·on the petition, ' after publishing a notice of such hearing and notifying by mail all owriers of propertywithin 500 feet of the subject property. . 4. The proposed Conditional Use is consistent with the goals, objectives, and poNcièS of the- 81. tucie County Compreheñsive Plan and has satisfiedthè requirements of Section 11.07.03 of the 81. Lucie County Land Development Code. 5. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood; traffic conditions, parking, utility facilities, or other matters affecting the public health,safèty and general welfare. File No.: c:uOO-OO6 May JO, 2000 (9 Resolution 00-022 Page 1 !. . II.: ... . L L. t':' rli 1 2 3 4 5 6 7 8 l f 1~ 11 L ¡ ~~ f : 14 L I ~~ I ! 17 L I'~: ! 20 ¡ 21 L 1.~; . ,24 L'. I,.f: 25 '. t¡ 26 r' í' 27 l' 28 L r! ;~ !I 31 V 32 L i133 Ij 34 i1 35 n 36 11 37 fl 38 ¡i 39 ¡~ 40 Ii 41 i 42 ~H: l h 46 ~ I :~ ~H ~¡ !I L l - ~ La . 'J C·" ".- -...: . '-~~ (.; OR BOOK 1308 PAGE 2136 6. The proposed project will be serviced by on-site water and sewer. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on _ June 6,2000. NOW, THEREFORE, BE ITAESOLVED by the Board of County Commissioners of St. Lucie County, Florida: ' . A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Treasure Coast Land Clearing Inc. and Treåsure Coast Tractor Service, Inc., to allow the operation of an air curtain incfneratorin: the U.(Utilities) Zoning District, is granted förthe property described· below, subject to the following conditions: 1. The business operation authorized under this conditional use permit Section shall be limited to the short tenn storage, processing and burning of land clearing debris generated from land clearing operations as definedbeJow: a. Land Clearing Debris means uprooted or cleared vegetation resulting from a land clearing· operation. b. Land Clearing Operation means the uprooting or clearing of vegetation in connection with construction for buildings and rights-of-way, residential or Industrial development, mineral operations, or the clearing of vegetation to enhance property value and aesthetics. The removal and destruction of shade trees due to stonn or insect damage Is included as a land clearing' operation. The business operation authorized under this conditional use permit is . specifically prohibited from engaging In the business of land clearing and yard trash recycling unless and until a new conditional use permit is granted and the site Is determined to be-in complianœwitbthe proviSions ef.Section~c:·_ c :.c: _':c__· 7.10.12(C) of.the St. Lucie County Land Development Code. . n___ . __ n_ 2. . The total site area devoted to the processing. storage and combustion of the collected land clearing debris shall be limited to 10 acres. 3. -The hours of operation will bã from .7:00 a.m. ·to,5:00 p.m., Monday...; Friday. The . - ignition of the combustion' fires may not occur before 9:00' a.m. and· must be extinguished one hour before sunset . 4. The processing yard, Including all product-receiving areas, shall be surrounded by a . fen,ce, wall, or opaque vegetative screening eight (8) feet In height. Such ·fence or . wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one entrance and one exit; the entrance and exit shall be equipped with unplerced gates. Such gates shall be closed and securely locked- at·all times, except during business hours. File No.: cuOO-OO6 May 30. 2000 @ RcsoludOll ()()..021 Page 2 ... '. .. 1 2 3 4 5 6 7 L II :11 8 I, ", 9 Ii ¡, Ii !! 10 ~!! H I 'I; 15 ... 11 ¡; 16 :1 ii 17 L¡/! II i: II !I 20 I ' I II 21 L,.:' II 22 .J/'.'.! 23 I 'I 24 u1.il ~~ 27 "II " 28 '11:1 29 ~!I ~~ ~n~ Wi', ;; .... ri,' 38 ¡ ¡Ii 39 ~!~' :~ ~.II..' 43 '!I 44 . , 45 ¡ ., I 46 1r ~~ '.i!, 51 "!t JI ii ift; .. il ¡;' ~ H: II. II ::, ; :I !j :¡: , ~. lJi t: ~¡ ¡: . , .'" . . J 7. 8. 9. ~; t :- .~. ~-' ~; (-. . .:../ OR BOOK 1308 PAGE 2137 If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20) feet in width adjoining all adjacent lot lines, and a greenbelt strip at least fifteen (15) feet in width adjoining any street line. The greenbelt shall be composed of at least one (1) row of deciduol)s or evergreerr trees and 'one (1) or two (2) rows of shrubs 5. In lieu of the vegetative screen of the greenbelt strip, a citrus buffer of two (2) to three (3) rows of citrus trees may be installed. Maintenance of the fence, wall, or opaque vegetative screening shall be the responsibility of the property owner consistent with. the other provisions of the St. Lucie County Land Development Code. All sides of eachlndividuàl debris storage (stockpile) areas shall be accessible by means of fire lanes. Fire lanes shan be a minimum of 1 ¥.z times the height of the pile, but In no case shall the fire lane be less than 20 feet in width. A minimum 100- foot wide clear space shall be provided'between every two debris storage piles and there shall' be a ;1 oo-foot wide fire lane at the end of each storage or stockpile, regardless of overall ,length. Figure 7-29 as found In theSt. Lucie: County Land Development· Code. generally depicts the layout of the dèbris storage stockpile areas. The maximum Jength of an individual debris storage stockpile shall not exceed 500 feet. The maximum width of an individual debris storage stockpile shall not exceed 100 feet. The maximul"!1. height of anyone storage pile shall not .exceed thirty 30 feet. 6. An area equal to 15% of the total area occupied by the debris storage areas (stockpiles) shall be res~rved for the emergency relocation of the stored materials should it be necessary for fire fighting purposes. This emergency storage area may not include any of the required minimum setbacks or separation corridors for the debris storage areas (stockpiles). Th,is emergency storage area shall be adequately served with' access to fire suppression resources, consistent with this code. '. . The total site area that may be covered with the debris stor~ge areas (stoc~iles), excluding the emergency stockpile area, shall not exceed 60% of the gross area of the project site. ' Individual stockpiles' shall belocated.aUeast one. hundr.ed{:1.00) feet from anybrush ..c. or tree line and shall be n'O 'closer than fifty (50) feet to any property line or street right-of-way line. . . __._...___. .__ - _.0_- .__ All materials received Into this combustion facility shall be rotated through the .combustion process within 2.months of its acceptance and deposition in the combu~tion yard. FIle No.: c:u()().OO6 May 30. 2000 ø Rcsoludoa ()()..()22 Page 3 ¡.,: " f. '- '- '. i L I' ¡ . I' 11.1 i' .... i :î j ¡ ... ¡ ¡ , r L:: I ! , ' ~I ¡ u. 'j. U ·1 ~ 'I i '- k r ìJ ~I ~-I ~I ~I ¡ ~ I 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . J. 1 2 3 4 5 6 - 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. ("7' -; C:. OR BOOK 1308 PAGE 2138 10. The petitioner shall, prior to the issuance any final zoning compliance, which is required for this conditional use permit to be fully executed, shall submit a copy of Fire Prevention Plan for the combustion operation that has been approved by the St. Lucie County Fire District, Fire Prevention Bureau. This fire prevention plan shall, at a minimum, address all requirements and recommendations of NFPA 46, Recommended Safe Practice for Storage of Forest Products, 11. The petitioner, including any assigns, shall submit to an annual fire prevention inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire' District, Fire Prevention Bureau. 12. All stockpiles shall be constructed and . located so as to afford the opportunity to measure tl)e internal temperatures of the land clearing materials in the stockpile in order to monitor fire hazard. 13. All vehicles used on the stockpile shall be of a type that minimizes the compaction of the stockpile. 14. Prior to· the issuance any final zoning compliance, which' is required for this conditional use permit to be fully executed, the petitioner shall provide St.· Lucie . County a cash security fund, bond or provide the County with an irrevocable letter of crèdit based on the schedule below, to secure the cost of removing of all accumulated land·.clearing and yard . trash debris from the site if it has. been detemiined by 'the' County Commission, following a duly noticed public høaring, combustion facility approved under this conditional use permit has been abar;idoned orcombustion operation~r have ceased for period in excess of six months..or'of the Conditional Use Permit is revoked for any reason. ~f.~~,~:f.:~.~~~f~fi,~i~t~;i~·~~;~:.~:~;:!·;>· I¥:;i'~tf ... Rec¡û'lrëd;~:~~f::~f:~~~~:~rt~:z';:;, 5 to 7.5 acres $ 50,000 7.5 to 1 0 acres $ 1 00,000 The Environmental Control Hearing Board shall be the responsible enforcement board assuring compliance with the provisions of this Conditional Use Permit. If the Environmental Control Officer; in consultation with the Community Development Director and the County Health Director, determines that the Environmental Control : Hearin9.Boarå processwotJld be aninadequáte msponse-t¡ys-giVen Violatioli(S), thé Environmental Control Officer may institute appropriate proceedings In a court of competent juriSdiction for prosecution of the vlolation(s) as provided by laws. Prior to the issuance any firlal zoning compliance, which israquiredfor this conditional use permit to be fully executed, the petitioner shall provide St. Lucie . County copies of all the Florida Department of Environmental Protection p~rmitsfor the operation of the air curtain on the subject property. File No.: c:uQO.OO6 May 30, 2000 (j) Resolution DO-œ.2 Page 4 ¡.. - . ~. . ~ .. '" lit 1 2 3 ¡~?, ¡ 4 L. 5 6 ... I 7 I 8 I 9 L I· 10 , 11 12 L , 13 : 14 i , i 15 j -16 L./ ¡ 17 I ; 18 , 19 i I ¡ 20 ~ , 21 t 22 I 23 , . 24 , 25 L f 26 ~- ri 27 ; f- ¡i 28 ~ ,- 29 L. ¡: 30 ¡ ~t 31 ~ ¡¡ 32 r' I; 33 j Ii 34 L ¡; 35 Ii j !i 36 j i fi 37 L íi 38 . " 39 j if r 40 Lf' 41 f r 42 , ¡ L¡! 43 44 , r 1 : ; ~ f, ! I.r: r. ; i ì ; L..,: f ~. [!-.'i~.. .. ~ '. -. r OR -BOOK 1308 PAGE 2139 17. In the event that 51. Lucie County is declared a federal disaster area following or as a result of either hurricane or freeze damage. the County Commission may suspend any or all of the standards above for the duration of the declared emergency in order to facilitate the removal of vegetative debris. B. The property on which this Conditional Use Permit is being granted is described as follows: - - The sQuth 936 feet, less the East 100 feet, and less the West 100 feet, of the following described parcel: A parcel of land lying In Section 9, Township 35 South, Range 38 East. St. Lucie County, Florida, being more particularly described as follows: The East ~ of the East ~ of the Southwest % of Section 9, less the north 202 feet and the south 39 feet-for roada'nd canal right-of-way (9.9 acres). (Part of Tax ID. No. 2209-311-0001-00019). (Location: South side of Orange Avenue, approximately 1,800 feet west of Sneed Road) C. The approvals and authorizations granted by this Resolution forthe purpose of .obtaining site plarilbuilding permit approvals on this property, shall expire on June 6, 2001. unless the developer has obtained a site plan or building permit approval for the use described in Part A above. or an extension has been granted in accordance with Section 11.07.05(F), S1. Lucie County Land Development Code._ D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Treasure Coast Land Clearing. Inc. and Treasure Goast Tractor Servjce,lnc.,jncluding~any_ sUccessorsih interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States ArmyCorps-of Emgineers, the Florida Department of Environmental Protection. and the South Florida Water Management Districtiprior to the issuance of anylocal bLiilding permits of authorizations to commenêedevelopment activities on the prbperty described in· Part B. E. The conditions setforth in Part A is an-integral nonseverable part of the site plan approval granted by this resolution. If the conditions set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to cämply voluntarily with that condition, the site plan approval granted by this: resolution shall become null and void. File No.: c:uOO-OO6 May 30. 2000 -, (i) Resolutioo ~ Pa&e j L.,:-'::" -~ f ÌIIII i Ii. ~, 1 tj¡; 2 ~;,'lli 34 L ) I r I 5 \ i J I '6 L. ;:111' 7 ",. ¡ ! 8 :,1 9 'I',:,' 10 ... ,'¡ 11 ;, ('.12 r; .. i 13 '1114 : ¡ 15 L,¡ 16 ,ii 17 L" 'Ii 18 1!i 19 ;;11 20 l, 'I[ ~~ 23 ~ . 24 ... 25 'L" j:; ~~ .1': 28 I!' 29 ill, 30 I.: 31 ., 32 :j .:! 33 ¡ : 34 ! ;3.5 '! :¡ 36 " :j 37 :, ~ r 'j' :Q : 41 :1 42 "/ t~ : 45 I ~J!~ :t ·f o Ii: Lii .r:'. f ".--. . {- "; OR BOOK 1308 PAGE 2140 F. The Certificate of Capacity; a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the S1. Lucie County Land Development Code, a new certificate of capacity shall be required. G. The S1. Lucie County Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of S1. Lucie County, Florida, and to make notation of reference to the datè of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman John D. Bruhn AYE .< Vice-Chairman Frannie Hutchinson AYE Commissioner Doug Coward AYE .AØ'· , .....tþ.r. , ' AYE ,~f:1- . ,._ . ..¡,;~1f .·.e' '"..\'! :~. 'wZ" .~,-> '. .-:-- /.,fiõ' . ¿.. ~o . . ,. ..~~ .:,;' ,~~ .... ':'.. ~r~ -, Commissioner Paula Lewis AY~A#--' ,·~:~/~··:·:,\:·;:::;'~~;'~i7 . ~."!..~- .:.~._.! '-... .~~:: .~':. ..;......;~.,.. ';~ ..,.6:~.,.,.: ~ .,~; ./.....;o_..'(\..... .. ~'...¡.' . ::)~.'"~:.,: PASSED AND DULY ADOPTED this Sh Day of~~~ 2ooºj1~!:~L·:<~"!:jJ..t.:}~-~·, 'f~~':':~' ,t;i¥-' "\.. -,0\," .' . . .. , I ".1· ..'1t:#.!> :.~: ~~:'jj~~-C' .' :-?,~{~~"-.. BOARD OF COUNOW'GQMMfSS-~~S""~~: ~~..iI;:'· ST L I CO "::rv"::"'lO'~ ·Ð' ~j ;..:. ~~~:..:",~:.<;~~ " iiC.~~I.~~I¡· ..-.: .... "", ..;rt'.".~.... "'J'"!~~"'" - 'or> . ./.;'.-~~1' ··~:.~At.~!;"',",,;.j:~¡;'~~· ~. . 'ilWÞ.·;.·t.~lJ"'" ._~~V . . .;'.?~~..':..' .æ;·~ Commissioner Cliff Barnes ATTEST: ~1'~~":~ -::~::':?~:;.~~p. ~:~~ t.'-. I,., ....' tj:",¡ l"'" ...)~ ~:., c-......;..;......;. L\ ,,,.... " ~~ C... ,':; ~ ?) ._" .'.';:)'.' Ü, 't.-.~. if (..) I ~;;2'\. . ';.<:A.·t- ~ '--1 ~~ . .....,:,.. \ .." I .i ::.!=. iij (:jC:=~.-:!;~~-1 i :~S . ;¡ ü;' (..!l.'(¡:~·q 1-;. ~ " I:;YIJ~;¡r_,.,; c;) ~... \ "~I»~,, .., ~. .'t .. .-,~Q.""H..~\.. ~ t <CI. ....~~ W.E lr,,!:'" :iP., , . ,C',~ ......... ~' ,"" 'JU T'C_._~ ~.. ~ '0#' I , BY u __ _ __ _. cs: H:\WPICondItIoMI U_1Land Claattng\resolutlon.wpd File No.: c:uOO-OO6 May'30.2000 @ Resolutioø ~ Page 6 l , } , I 1 j r r I t r I I ~ I ... .. L ... ÍIIIa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION 03-185 FILE NO.: CU-03-o11 :::T.:1"'T'\c....¡ m.....·o n ......::I> omz ., z Cl. z m mC Cl.3 ::J:: .. c:TO t-'- m ï t-'- ..., :3: ........... .. :I> t-'- Z 0J - ........ r,.) o t..J (J t..J 0 ï 01/"1'1 ,...;) :::T.:1 t-'- 01 ;:00::: t...J01 .. 0 U1 0 "T' CD :::0 - to ::J:: 0/"1'1 o ;:OO:::(J J-i t-'- :::0 CDCJ .þ. c::: ,,:I J-i - ""D :J> CJ û10 /"1'1e: :::T.:1 r··J- 01 --.J I 01 c..') ::I> J-i Z - ï c::: n J-i /"1'1 (J o e: :z - -< A RESOLUTION FOR A MAJOR ADJUSTMENT TO AN EXISTING CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A SECOND AIR CURTAIN INCINERATOR IN THE U (UTILITIES) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On June 6, 2000, this Board through Resolution 00-021 approved a change in zoning application from AG-5 (Agricultural- 5 du/acre) zoning district to U (Utilities) zoning district for property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the request for Change in Zoning. 2. On June 6, 2000, this Board through Resolution 00-022 approved a Conditional Use Permit to allow the operation of an air curtain incinerator, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit. 3. Lawrence Vickers. Treasure Coast Tractor Services. Inc.. presented a petition for a Conditional Use Permit to allow the operation of a second air curtain incinerator in the U (Utilities) Zoning District for the property described below. 4. On August 21, 2003, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners deny the hereinafter described request for a Conditional Use Permit in the U (Utilities) Zoning District for the property described below. 5. On September 16, 2003, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property File No.: CU-03-Q11 November 4. 2003 Resolution 03-185 Page 1 \ ~ C\..'~\.~ J~ !, r ~ ~ T T ~ f r t T t T t h r " i r r t t \ r ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 within 500 feet of the subject property and continued the public hearing on this item until November 4, 2003. o :;:a:) III o o :;::><:: ~ CD +>- 1',) '-' :I> GJ ("1"1 I"\J (;J'1 -::J 0'. 6. On November 4, 2003, the Board reconvened the public hearing on this item and accepted additional public comments and testimony, including the final stipulated settlement agreement to address the concerns between the petitioners and the adjoining property owners regarding the operation of this land clearing debris disposal facility. 7. The proposed amended Conditional Use has been determined to be consistent with the goals, objectives, and policies of the 81. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 8. The proposed project has been determined not to have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 9. The proposed project will be serviced by on-site water and sewer. 10. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on November 4, 2003. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11 .07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Lawrence Vickers, Treasure Coast Tractor Services, Inc., to allow the operation of a second air curtain incinerator in the U (Utilities) Zoning District, is granted for the property described in Part B below, subject to the following conditions: 1 . The operation authorized under this amended conditional use permit shall be limited to the short term storage, processing and disposaV burning of land clearing debris generated from land clearing operations as defined below: . Land Clearing Debris means uprooted or cleared vegetation resulting from a land clearing operation. . Land Clearing Operation means the uprooting or clearing of vegetation in connection with construction for buildings and rights-of-way, residential or industrial development, mineral operations, or the clearing of vegetation to enhance property value and aesthetics. The removal and destruction of shade trees due to storm or insect damage is included as a land clearing operation. The operation authorized under this amended conditional use permit is specifically File No.: CU.()3.()11 November 4, 2003 Resolution 03-185 Page 2 t t t t T T t t ! t t' t t t ~ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 I.. ~,. it .. II. ... i ... prohibited from engaging in the business of yard trash recycling unless a new conditional use permit is granted and the site is determined to be in compliance with the provisions of Section 7.1 0.12(C) of the St. Lucie County Land Development Code. 2. Consistent with the representations included with this Amended Conditional Use Permit application, the operations authorized under this Amended Conditional Use Permit shall be restricted to the disposal of land clearing debris collected by Treasure Coast Tractor Service from land clearing activities within St. Lucie County only. Only vegetative materials generated from the clearing of land within St. Lucie County shall be permitted to be delivered to the site by trucks or other vehicles owned and/or operated by Treasure Coast Tractor Service, Inc. On a weekly basis, no more than an average of 18 truckloads (18 cu/yds each) of material per day (avg. of 324 cu/yds) may be deposited at this site. In order to verify compliance with this Condition, the petitioner shall submit to the County Administrator, or his assign, quarterly reports, beginning January 1, 2004, for the previous 3-month period. on the number of truckloads of material per week being deposited and incinerated at this site. 3. 4. All vegetative materials deposited at this site/facility shall be disposed of through the incineration process within four (4) months of their deposition on the property. No stockpile of material awaiting disposal may exceed 30 feet in height or 100 feet in length. Stock piles of material awaiting incineration may not occupy more than 50% of the total site area described in Part B of this Resolution. 5. This amended conditional use permit is for the purpose of adding no more than one (1) above ground "refractory wall - box bumer" air curtain incinerator on this site. Prior to the operation of this incinerator all applicable permits and operational authorizations must be obtained from the Florida Department of Environmental Protection, and copies of all applicable permits· and operational authorizations provided to S1. Lucie County. No additional trench type. or other type of air curtain incinerator system shall be permitted for this site, without first being approved through the Major Adjustment process to this Conditional Use permit. The total site area devoted to the processing, storage and combustion of the collected land clearing debris shall be limited to 9.9 acres. 7. 8. The hours of operation will be from 8:00 a.m. to 5:00 p.m., Monday - Saturday. The ignition of the combustion fires shall not occur before 9:00 a.m. and must be extinguished one hour before sunset. AbsolutelY!!Q operation of the air curtain incinerator may be conducted on either Sunday or Holidays. The petitioner shall prior to the issuance of any final zoning compliance for the operation of a the additional above ground "refractory wall - box bumer" air curtain incinerator on this site, which is required for this conditional use permit to be fully executed, submit to the County a revised Fire Prevention Plan that has been approved by the S1. Lucie County Fire District, Fire Prevention Bureau for the additional combustion! material storage operation. 9. File No.: CU-G3-Q11 November 4, 2003 Resolution 03-185 Page 3 o ::r;I r.:r.:J o o ;¡rc; I--" o;:¡ .p.. f'..) ï.:I :t> Cï) rr1 f'..) lrI -J -J I r ~ T r ~ t , r t t , t r T ~ ~ I j, T \ ,- I ~. T r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 10. The petitioner, including any assigns, shall submit to an annual fire prevention inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire District, Fire Prevention Bureau. 11. Prior to issuing a zoning compliance approval for the operation of the second air curtain incinerator, the petitioners must officially withdraw the lot split application. 12. The operation of the second air curtain burner is for a temporary time period, which will expire on January 30, 2004, unless this Board extends the operating period upon receipt of such request by the petitioner with substantial supporting data and approval by all parties involved. 13. This conditional use permit approval is for the operation of an additional air burner, to be utilized on alternating days and shall expire on January 30,2004, unless this Board approves an extension to the approval. At no time shall the petitioners be permitted to operate the two air burners simultaneously or on the same day. 14. In the event that St. Lucie County is declared a federal disaster area following or as a result of either storm, hurricane, freeze or other widespread damage, the County Commission may suspend any or all of the above standards/ restrictions (except Conditions 11 and 12), with or without additional restrictions, for the duration of the declared emergency in order to facilitate the removal of vegetative debris. B. The property on which this Conditional Use Permit is being granted is described as follows: A parcel ot land lying In Section 9, Township 35 South, Range 38 East, St. Lucie County, Florida, and being more particularly described as tollows: The East 'h of the East Y2 of the Southwest y.. of Section 9, less the North 202 teet and the South 39 feet for road and canal right-ot-way. Land contains 36.81 acres, more or less. Tax Id. No. 2209-311-0001-000/9 (Location: South side of Orange Avenue, approximately 3,000 feet west of Sneed) C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining site plan/building permit approvals on this property, and shall expire on January 30, 2004, unless the petitioner has obtained further authorizations to continue the operation of this second air curtain incinerator in the U (Utilities) Zoning District. D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Lawrence Vickers. Treasure Coast Tractor Services. Inc, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the File No.: CU-03-011 November 4, 2003 Resolution 03·185 Page 4 o ;;0 Q:I c::J c::J :;:0:: ...... CXJ .þ. r-.J -0 ::I> Ci) !Tl N U'I -J CXJ ... r 1: t r T t r t ~ ;.( t t r ~ r T t , t t tV T l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, the Division of State Forestry and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The conditions set forth in Part A is an integral nonseverable part of the Conditional Use Permit approval granted by this resolution. If the conditions set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Conditional Use Permit approval granted by this resolution shall become null and void. F. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of this amended Conditional Use approval. Should the Conditional Use approval granted by this resolution expire a new certificate of capacity shall be required. G. The 51. Lucie County Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of S1. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice-Chairman Paula Lewis AYE Commissioner John Bruhn AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward NAY PASSED AND DULY ADOPTED this 4th day of November 2003 lONERS - . t"- BOARD OF COUNTY CO ST. LUCIE COUNTY .~. ..... 'fo -' _ ,/'/- ~.j" >:;r . \,,' .. .}. ,/ "i, BY -,- File No.: CU-03·011 November 4, 2003 Resolution 03-185 Page 5 C) :::u r;::a a a ;:><:: f-4 CD .þ. r-0 ""TJ ::I> en m r-0 LT1 -:] -D -- - -- - T T \Ii t T ~ T t T t t T t T T r 1 I T T 1 2 3 4 ATTEST: 5 6 7 ª 10 DEPUTY CLERK 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 DJM 54 03-185a(H) APPROVED AS TO FORM AND C RECTNESS: File No.: CU-03-o11 November 4. 2003 L. Resolution 03-185 Page 6 w c::J :;:r.) tp o o r:: ....... CD .... 1',) -0 ::I> üJ IT1 t·:J 01 CD o ,I .. ~:' ... ... BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING lilt ,_.~. .. Datc: .Junc (), 2000 Tapc: 1-4 Convcncd: 7:05 p.l11. Adjourncd: 12:05 a.m. .. Commissioners Present: Chairman, Jolm D. Brolm, Frannie Hutchinson, CliffBames, Doug Coward, Paula A. Lewis L. Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Jim Lancaster, Asst. County Attorney, Ray Wazny, Public Works Director, Dennis Murphy, Asst. Community Development Director, Bill Blazak, Utilities Director, Beth Ryder. Community Services Director; Don West, County Engineer. David Kelly Planning Manager, Becky Padric.k. MSBU Coordinator, Marie Gouin, Interim M & B Manager, Deputy Williams, A. Millie Delgado, Deputy Clerk ... ~ 1. MINUTES(1-033) .. It was moved by Com. Lewis, seconded by Com. Coward to approve the minutes of the meeting held May 23, 2000; and, upon roll call, motion carried unanimously.. L. 2. PROCLAMA TlON/PRESENT A TION( 1-042) .. Resolution No. 00-101- Proclaiming the Month ofJune 2,000 as "Myasdthenia Gravis Awareness Month in S1. Lucie County, Florida. It was moved by Com. Hutchinson, seconded by Com. Bames, to approve Resolution No. 00- 101, and; upon roll call, motion carried unanimously. .. 3. GENERAL PUBLIC COMMENTS(I-138) ... Mr. Frcd Polidori, St. Lucic County rcsident, addrcssed thc Board regarding thc ncw structurc or the impact fees and stated he felt the city of Port S1. Lucie was receiving too much. He also advised the Board that he was in opposition to the dredging of Taylor Creek. .. Ms. Antoinette Donahue, 7803 Lockwood Drive, addressed the Board regarding the lack of soccer fields in the county. Ms. Donahue advised the Board of property which is available in Lakewood Park at a cost of$150,000 and asked the Board to consider the purchase of this parcel for a new soccer field. .. Mr. Jerry Luxenberg, Savanna Club resident, addressed the Board in opposition to the proposed apartment complex in the community. ... Mr. Lee Mitchell, area resident addressed the Board in favor 0~ item C-l 0 ABC. ~ -1- ® '- it ... ~ ì ÍIIIII Mr. Herb Beach, White City resident, addressed the Board regarding the destruction of trees in White City. Mr. Robert Hawley, Pine Cone Lane resident, addressed the Board regarding his opposition to Migrant Housing which he felt was being proposed for his area. .. Mr. Fred Rotirbough, 10900 (unintelligible road name) addressed the Board in opposition to Migrant Housing in St. Lucie County. .. Mr. Ken Mayer, 10767 Schwab Road, addressed the Board in opposition to Migrant Housing in Sl. Lucie County. L. Com. Coward staled he wanted lo make clear that the Commission is nol advocaling ('or lhis project. They felt the issue of Migranl I-lousing and Farm Workers needed to he addressed and lhc sludy was lo hclp lhc counly look closely alwhalnceds lo bc done. '- The Board was asked by an unidentified resident if this meant that they could count on the Commission's support to oppose this project. ~ The Chainnan stated "yes". Mr. Jim Medelius, area resident, addressed the Board regarding the existing problems he is having in his community. .. Com. Hutchinson stated there nre many rumors going around nnd nt this point there seems to be some misconception and attempted to clear the misunderstanding. She advised those present that she had received a fax from Representative Pruitt and it would be read into the record. \. w ... The Asst. Community Development Director advised those present that with regards to the Surveyors seen in the area, they are not aware of any development activity going on in the area. L. The Surveyors from a Port St. Lucie finn are doing a boundary survey for a real estate transaction involving the old Coca Cola grove and this is an agriculture to agriculture sale. No one has contacted the Community Development De1Jt. regarding the placement of any housing or any other use other than farming. ~ '- Ms. Paula Beaton, area resident, addressed the Board regarding Mr. Pruitt's comments. Com. Hutchinson stated the county cannot do dictat~ to the city ofFt. Pierce what they can and cannot do. If they are looking into doing this, then she would hope that if they plan to cross jurisdictional lines, they would at least enter into discussions with the county before that time. fila Ms. Bealon slaled she wanledlhe Commission to know lhal as ajoined communily, lhey do nol 'wanl Migranll-Iousing in lheir area. .. Mr. Bruce Ellioll, Weulherby Roud, addresscd the Board regurding the Mobilc Ilomc Park which he is President of has many life threatening violations. Code Enforcement has been to the site and did find many violations, however, none are being fixed. Many of the problems are electrical. He also commented on the recreation area where mobile homes were placed on half of it. He would like to know how this was done. ~ .. .. Mr. Joel Lutten, 3809 Doral Ct., Savanna Club, addressed the Board in opposition to the proposed apartment complex going in. ~ ... The Asst. Community Development Director stated this was re-filed about 2 weeks ago and is up Cor DRC review this Friday. It will not be before the Board until sOl11e time in July or August. Mr. Robert Anderson, 8t. Lucie County resident, addressed the Board regurding the dry ... -2- '- @ .. ... conditions and asked if there was going to be a Fire Works Ban and asked ifthey were still going to be able to sell them. .. The County Administrator stated they are watching the situation day by day and at this point no pennits are being issued for fireworks displays, however, they do continue to sell th fireworks in the county. They will review this once again in a weeks time with the Fire District and the Division of Forestry and then make a decision. '- Mr. Anderson also addressed the cross over at Pepper Park and asked why the Pavillion was not replaced in its location. The County Administrator stated he was not aware of the Pavillion and he would look into it. .. 4. CONSENT AGENDA .. COlli. !3ttnH':S cxpn.:sscd his conccrns with t,lsk4 Qr item C4-E which sound likc it is hcing pushed by the legislature. , ~ The Planning Manager addressed Com. Barnes concerns and how this came about regarding the Comp Plan and the county being asked by the state if they had any needs. This issue on the agenda does not relate to the current effort from Tallahassee. .. Com. Bruhn stated he would prefer to send the $10,000 back to the state and tell them it is not needed. '- Com. Hutchinson stated the whole issue had changed from when it WaS originally brought before the Board and she is not comlortable voting lor it because she is not sure what the outcomc . would be with regards to Tallahassee's action. l .. The Planning Manager addressed the grant which was applied for and advised the Board that the money was presently in the county's hands. This item on the agenda is a budget management item to set up the budget for them to go out with an .RFP and hire a consultant. L. Com. Coward asked if they have the ability to use the money for other issues. The Planning Manager stated they could ask the state, however he is not sure what the answer would be since it was allocated for a cert:?.in purpos~. ~ The Secretary read the Fax from Representative Pruitt into the record (as per attached). .. The Planning Manager stated that at some point the county will need to assess the need for Migrant Housing. Com. Barnes stated his concerns with Tallahassee connecting this survey to somcthing else. ... ^lìcr eontinucd discussion, COlli. Ilull:hinson suggested tttbling this itcmllntil stttlT can ohtain the information and address the concerns as requcsted by the Board. She stated there were too many unanswered questions. ~ t. Com. Coward stated he also hoped to clarify whether or not the state will pennit us to utilize the grant in other ways even though it was received for a specific purpose. ... This item was pulled. .. It was moved by Com. Barnes, seconded by Com. Lewis, to approve the balance of the Consent Agenda with item C-4 E pulled and to include Additions A-I in the approval; and, upon roll call, motion carried unanimously. '- -3- .~ (jj) .... ~ .. ~ .. .. .. v ~ ... ... C. .. þ, D. .. 4. .. A. i i. B. ... C. .. L. ~ .. .. L. ... .. 1. WARRANT LIST The Board approved Warrant List No. 35 and 36. 2. COMMUNITY SERVICES Grant Application- The Board approved the submission of the grant application of the Drug Control and System Improvement Program (Edward Byrne) Grant for FY 00101 and authorizcd thc Chairman to sign all documents necessary for the grant. 3. COUNTY ATTORNEY A. Tax Certificates/County Owned/Tax Deed Application- The Board approved authorizing staff to institute Tax Deed Applications for all tax certificates, two years old or older, 011 properties with assessed values of$5,000 or more. B. Seven Gables House Visitor Information Center/Contract with St. Lucie County Chamber of Commerce, Inc.- The Board approved the plùposed mntract with St. Lucie County Chamber of Commerce, Inc., and authorized the Chairman to sign the contract. Domestic Relations Hearing OfficerIFY 2000-2003 Contract with Florida Department of Revenue Contract 12116. The Board approved the proposed contract with the Florida Department of Revenue for the domestic relations hearing officer program, and authorized the Chairman to sign the contract. Permission to Advertise Request for Proposals- The Board approved the request for pel111ission to advertise a RFP for Title Insurance Services. MANAGEMENT AND BUDGET Budget Resolution No. 00-100/800 MHz Public Improvement Revenue Bonds Budget- The Board approved adopting the .·ci>Jlutio1\ ~.!1t·ropriating and expending funds from the issuance ofthe Public Improvement Revenue Bonds, Series 2000 A. Budget Amendment No. 00-141- Equipment Request No.00-224 and No. 00-225- The Board approved the budget amendment and equipment requests to establish the budget for the Incoming County Judge. Budget Resolution No. 00-102-/Refund of River Place (Brisbane Family Partnership) Donation- The Board approved adopting the resolution appropriating and expending funds refunded from the project. D. Interfund Loan to the Transportation Trust Fund- The Board approved (he inlerllll1d loan as proposed. E. Budget Resolution No. OO-106-a1ìer Board discussion, this item was pulled. F. Budget Resolution No. 00-107- US Departmem of Intr.ri.or Dune Restoration Grant- The Board approved the budget resolution to appropriate and expend funds from interest earned on funds advanced from the US Department ofInterior Dune Restoration Grant. 5. CENTRAL SERVICES Contract Amendment- The Board approved the First Amendment to the contract for General Elevator Sales and Service, Inc. 's to add the Public Defender Building ($70./month); the Library ($70/month), and the Library Dumbwaiter ($45/mo. ) for an additional $925./5 months), and authorized the Chairman to sign the First Amendment. -4- (jj) - iflJ'"Vt'I'1M M..I .. OS/26/00 ST. t.tJcìË ëoWl'Y - MJûU: ÞM~ 1 ... FzABWARR . WARRANT LIST 135- io-HAY-ioOO TO zG-MÅŸ-20Öo ¡~ FuND StJ1.U.lARy ilia FuND TITLE fOOjI?;Ms2S ì'AftöLL L- 001 General Fund 431,650.38 263,49å,54 001001 Recreation Special Evènts 833.08 O.ÖÖ 001122 CDBG--World of Plastics 22,360.50 0.00 001125 TC Community Action Agency FY 99/00 666.69 1,01S.36 001126 Section 112/MPO/FHWA Planning 99/00 2,163.13 5,201.73 .. 001127 National Endowment Humanities 4,138.88 0.00 001217 DEP-Regional Attenuation Facilitý 968.74 0.00 001246 99/00 Emergency Mgmt. Prep & Assist 55.49 0.00 0012/.7 99/00 Hazardous Material Grant 190.96 0.00 ~; 001248 TOC Planning Grant FY 99/00 12.96 113.68 í. 001252 Urban Mobile Irrigation Lab Grant 87.'10 1,153.85 001807 Floridian Aquifer Yell Monitoring 134.50 1.153.85 101 Transportation Trust Fund 60,025.32 93,511,06 101001 'l'ranspor ta tlon 'l'rus t In tèrlocals 1.900.00 0.00 .. 101006 Transportation Trust/Impact Fees 67,051.96 0,00 102 Unincorporated Services Fund 16,475.26 '.2 60!J.11 102001 Drainage Maintenance MSTU 3,114.99 3,131.31 105 Library Special Grants Fuhd 1,65!La1 1,6S6¡2S L- 107 Fine & Forfeiture Fund 2,893,453.a2 15,159.11 109 Drug Abuse Fund 12.00 Ô.OO 111 River Park I Fund 2,500.79 0.00 112 River Park II Fund 504.17 Ô.OO 120 The Grove Fund 137.42 O.bb .. 122 Indian River Estates Fund 825.30 o.bb 126 Southern Oak Estates Lighting lOB.oo O.ÖÖ 139 Palm Grove Fund 644.31 b.bö 140 Port & Airport Fund 11 ,109.01 6,91;.39 L. 140001 Port Fund 961. 71 0.00 160 Plan Maintenance BAD Fund 3,301.96 2,155.20 170 Court Facilities Fund 110.00 0.00 183 Ct Administrator-19th Judicial Cir 2,074.30 1,010.44 L. i83001 Ct Administrator-Arbitration/Mediat 1,616.60 1,116.52 183004 Ct Admin.- Teen Court 757.39 2,5:58.14 183208 Court Reporter Grant-In-Aid 99/00 12,019.50 0.00 185203 FHFA-SHIP 98/99 76.01 993.60 ~ 185204 FHFA SHIP 99/00 1.045.86 L.315.35 Ii. 186 Recycling Operating Fund 1,231.40 1,119.00 186203 Recycling & Education 99/00 631.47 1,016.GQ 304 Communication System Fund 13,028.75 O.bO 310002 Impact Fees-Parks 22,854.46 0.00 ~; 316 County Capital 39,514.58 0.00 .. 335 Becker Road Capital Fund 10,000.00 0.00 382 Environmental Land Caþitål Fund 14a.80 0.00 401 Sanitary Landfill Fund 275,811.02 21,106.12 418 Golf Course Fund 58,512.20 11,114.04 ... 421 H.E.Y. Utilities Fund 11.31 114.11 441 North Hutchinson Island UtilitièS 1,443.07 2,912.15 451 S. Hutchinson Utilitiés Fund 1,212.12 2,131.43 'i.. 461 Sports Complex Fund '.,735.211 a,615.S3 .. 471 Holiday Pines Utilities Fund ä1.62 0.00 491 Building Code Fund 6,272.19 15,ê81.33 501 Information Technology Fund 27,921.14 110,329.94 , 505 Health Insurance Fund 222,261. 23 2.946.31 if, 505001 Property/Casualty Insurance Fùnd 525.76 0.00 t ... 510 Service Garage Fund 30,890.90 1,183.04 611 Tourist Developmeht TrUst-Adv Fùrtd l,003.1S 2,264.aO 615 Impact Fees Fund 16,263.99 Q.ÖO 625 Law Library 106.10 0.00 .. 674 Driftwood Manor MSBU Fund 53.18 0.00 GlWìD TotAL: 4,286,120.39 6nl,~32¡41 ... .... ® '- '- 06/02/00 ST. tUctft tb~ty -ßOAkD PAM FZAB¡..tARR VARRANT LiST #36- 21-HÅŸ-20ÖO TO Ô1-JUN-20ÖÖ FtOO:> StJMl.lAAý í. FUND TITLE È1t{J!!M~ft~ ~Âfi{ôLL 001 General Fund 316,25~.ö!) 0.00 001125 TC Community Action Agency 1lY 99/00 26.66 O.öO þ 001126 Section 112/MPO/FHYA Pláhning 99/00 8.50 0.00 iÎIII 001246 99/00 Emergency Mgmt. Prep & Assist 1M.00 0.00 001807 Floridian Aquifer Well Monitoring 35.00 0.00 101 Transportation Trust Fund 64,244.51 0.00 101001 Transportation,Trust Interlocals 121793.48 0.00 í! 101003 Transportation, Trust/Local Option 825.00 0.00 .. 101210 New County Health Building 4,985.15 O.bö 102 Unincorporated Services FUnd 11049.22 0.00 102001 Drainage Maintenance MSTU 95.41 0.00 ¡ 105 Library Special Grants Fund 11593.95 0.00 107 Fine & Forfeiture Fund 312,203.11 0.00 .. 140 Port & Airport Fund 2,575.22 0.00 1GO Plan Maintenance RAD Fund WO. 16 0.00 IB3 Ct Adlll:Ln:Lstrntor-19th JudldÜl ch- {lid . { :~ 0.00 lß3001 Ct Adllllnlstrntor-ArbitrrLtlo11/Mcdiat 5,50G,50 a.ba ... 183002 Ct Admln.-County Arbitràtiotl/Ml;!cliåt lSd.bO Ö.(JÒ 183105 Dom Relations Hearing officer. 99/00 61158.52 b.ÖÖ 183208 Court Reporter Grant-tn-Âid 99/00 882.00 (j.bo 183210 Courts Admin. Civil Traffic !nftàc 320.dO b,bb 185204 FHFA SHIP 99/00 9,932.00 O.bd .. 186 Recycling Operating Fund 11.52 Ö.ÖÒ 186203 Recycling & Education 99/00 154.96 0.00 304 Communication System Fund 11661.96 d.M ... 310002 Impact Fees-Parks 1,317.00 0.00 315 County Building Fund 9a4,00 ö.OO 316 County Capital 56,654.41 b.Öö 382 Environmental Land Caþitàl Fund 1,641.21 b.bb L 392 Ideal Holding Road HSnU Cdþitdl 4,651.50 d.dO 401 Sanitary Landfill Fund 181981.89 0,00 418 Golf Course Fund 11,3~4.56 Ö.ÖÖ 421 H.E.V. Utilities Fund 382.72 Ö.OO 441 North Hutchinson Island Utilities 12,096.06 b.oO ¡. 451 S. Hutchinson Utilities Pund 45,709.16 O.( () 461 Sports Complex Fund 1,858.91 0.00 471 Holiday Pines Utilitiès Fund 3,800.29 0.00 491 Building Code Fund 1.622.92 . Q,QÖ k 501 Information' Technology Fund 291172.90 0.00 ... 505 Health Insurance Fund 85.07 5,6M.91 505001 Property/Casualty Insutartce Fund 851. 00 0.00 510 Service Garage Fund 181666.16 O.ÒO 611 Tourist Development Trust-Âdv FUhd 612.28 0.00 .. 625 Law Library 91451.21 Ö.ôÖ GRAND TotAL! 110221824.12 S,M9 91 .. .. ill .. ... '- ... @ ''-....... ...~.... '''', ..... ... ia .. '- .. '- k I... L. .. 1. ¡; .. ... .. \I .. .... ... .. '- 6. PUBLIC WORKS A. Contract Approval- The Board approved a one year extension to an existing contract for two local Demolition Contractors, John O'Connell and L.E.B. Demolition & Consulting Contractors, Inc. B. Budget Amendment No. OO-142Æquipment Request No. EQOO-219- The Board approved the budget amendment and equipment request for additional funds in the amount of$130. needed due to a quote increase, to purchase a laptop computer. 7. AGRTCUL TURE Horticulture Specialist Position/Increase in Scheduled Work [-Iours- Thc Bourd upproved funding the Horticulture Speciulist position on a full time, continuing basis using Stormwuter Manugement monies. This increase will allow the Specialist to provide the educational component required of Sl. Lueie County Public Works. 8. LEISURE SERVICES Agreement Approval- The Board approved the Transportation Agreement with the School Board of St. Lucie County and authorized the Chainnan to sign the agreement. 9. ADMINISTRATION Smithsonian Exploring Marine Ecosystems' Exhibit· ~;'e Board approved staff requesting a $100,000 contribution from the City ofFt. Pierce to be applied toward the Smithsonian Exploring Marine Ecosystems' Exhibit Project Costs. 10. COMMUNITY DEVELOPMENT A. Grant Application - The Board approved authorizing the submission of the Florida Communities Trust grant application for the Ancient Oaks Preserve Project on behalf of the County Commission. B. Grant Application- The Board approved the submission of the Florida Communities Trust grant application for the Avenue 0 Pl;oject with the City ofFt. Pierce identified as the primary applicant. ADDITIONS A-3. COMMUNITY DEVELOPMENT Improving County road for the Purpose of Locating Business Prospect- the Bourd approved authorizing the submission of applications for grants to the Dcpartmcnt of Community Affairs, the U.S. Economic Developmcnt Admi,¡istration. and Enterprise Florida's Economic Development Trunsportation Fund l'or funds to improve a county-owned road It)r the purpose 0 f locating an expanding manuf:'lcturer to Sl. Lucie County, Further that the grant funding not bc awarded, and authorized the county funds to improve the road for this same purpose. -REGULAR AGENDA(l-2594) 5 PUBLIC WORKS A. Resolution No. OO-103/Lennard Road 1 MSBU/Roadway Improvements- For consideration before the Board w~;w staffrccom'Tlp.ndation to adopt the resolution creating the North Lennard Road I MSBU for roadway impro';"úlcnts, authorized the County -5- @ ¡ ..... .. Engineer to proceed with the engineering design and pennitting for the project pursuant to the procedures set forth in Chapter 1-13-.5, St. Lucie County Code of Ordinances, and to advertise for bids for construction. I. Com. Bruhn advised the Board and those present that he would abstain from discussion and voting on this item due to the fact he is a property owner in the area. '- The gavel was passed to the Vice Chainnan. Com. Hutchinson assumed her position as Chainnan of the meeting. **** All public comments and Board comments wi\1 pertain to items 5-A,B and C. ~ The Asst. Community Development Director addressed the cooperative effort between the City of Port St. Lucie and the County for the extreme southern end of the project, where Port St. Lucie B ¡vd. meets U.S. /I 1. They arc working on the development of a special asscssmcnt district for a number of parcels located within the city limits to improve this segment of roadway. This would include tl1\: segment or Lennard Road and Port SI. Lucie Blvd.. cast or u.s. III. .. it. Ms. Rebecca Padrick read several letters into the record requesting approval of the project from the following property owners: ÎIa Jones, Foster, Johnston & Stubbs, P. A. reprei>cuting Comerica Bank Dr. Robert Glasser representing G.M.S.G Port St. Lucie Partners. Archie Hendry III/Hendry Properties Also, a letter from the St. Lucie County Fire District was received in favor of the project. L. The ^ssL Community Dovelopment Director advised the Board thnt they have received n requcst ii'om some property owners where they would like the location of the curve, be shined one half mile south from it's present location. It would align an extension of Dyer Road as opposed to the right of way on Tilton Road. He advised the Board as to why this request would not be practical. '- ~ .. The reason the alignment is not practical is that the alignment would not make the most effective use of public right of way, also, it has a significant amount of impact on the environment. The MSBU Coordinator addressed the Board regarding the project cost and the proposed design. ~ ... Com. Coward questioned the bridal path beiijg buffered from traffic. The MSBU Coordinator stated this issue has not been addressed, however, they still have 12 months to complete the design phase and this could be addressed. .. ... The MSBU Coordinator read a letter into the record from the Fire Marshall where he states the Fire District's position is in support of any additional water supply especially to the area in question. The rollowing residents not arrceted by the M.S.B.U. addressed the Board in opposition to the project: t.. '- Eric Fareinella 7380 Gullotti- Yielded time Ovid Quirion 2601 Dyer Road Harris Jameson- 8468 Gailberry Circle Chris Hofman- 7300 Shana's Trail-'rlç¡ded time Arthur Engleman- 7300 Gullotti(represented majority of those present who yielded their time). ~ Mr. Engleman requested the project be work shopped and that the residents be able to par-take in the project. He asked for the Board to defer the vote until their issues can be addressed. i.. -6- 0J \.., ~<' i\ .. , t .. Patricia Lineson, 1050 Tilton Road - in affected area, addressed the Board in opposition. t .. Don Santos, Builders Association, addressed the Board in favor of the proj ect. Bill Wilson, Mariposa resident, in favor ofproject, however, suggested Southern area be taken care of first. C.M. Neviaser- 7630 Hollyridge Road -in favor of project Allan Goins H.G. Developers, in favor ofproject Clark Bridgeman, McDonalds Corp. in favor ofprojectfPrima Vista part of MSBU in favor of workshops with residents L. .. .. Continued opposed residcnts..... Vinnie Aquiliml, S,wanna Club residcnt, in opposition Georgc Emo- 3411 Fcriwinkel (Suvunnu Club ^ssoc. President) Tracey Kiedeisch 7424 Shana's Trail -in opposition Kerri Rubins, 7075 Shuna's Trail- in opposition Laura Guillotti, 7440 Guillotti Place - in opposition Tonya Quirion, 2601 Dyer Road- in opposition Gary Parks, 7424 Shana's Trail- in opposition Gem Stonebraker, 1225 Tilton Road lin MSBU - opposed to project .. ... Henry Fishkind, Orlando, Fla. asked by Property Owners to examine the economic and fiscal impact of the proposed MSBU. '- Mr. Fishkind stated that in reviewing the MSBU, he felt the Board was on the right track and the process is extrcmely Itdr. He udvised the Board ol'the economic und liscal impuct this project would have on the county Le. cost and services and reviewed the county's fund types which go into the budget. j,\ - .. Mr. Harold Melville, representing Porta Oaks Limited, property owner, addressed the Board and asked the Board not to look at this project as an isolated stand alone type of project, rather he urged the Board to look at it in a larger context ofan on-going project that has been in process for 20 years. This has been in the Comp Plan since 1 (100 and R Iso has been the Master Transportation Plan since 1980. f:, .. Com. Barnes asked Mr. Melville when woulçl his landowner bring forth a plan showing what type of community he intended to design, should this be approved this evening. ilia Mr. Melville stated the old site plan no longer exists and the property is currently raw land and there are no current plans at this moment to develop the property. .. Com. Barnes stated he would want to see what type of development the m,\jor land owner would be submitting to know if it would be compatible with the area. ¡:; ... Mr. Melville stated he was not aware of any specific plan at this time and doubts if there would be one in the immediate future. However, he is aware that they arc being ussessed for the maximum build out and they ure the highest puying property owner assessed. '- Ellen Drummond- 1250 Tilton Road, in affcr;t.:d area- requested delay in voting until everyone can attend workshops and maybe come up with a solution which would make everyone happy. t.. Flo Bessinger 1103 Tilton Road- in c¡Jposition Chuck White- no address given- in opposition Dr. R. A. Swiezy 801 Tilton Road- addressed the Board from an environmental point of view. .. -7- @ '- .. .. Dr. Bill Vogel- SLC School Board Superintèndent- addressed the Board in support of the project. L. Dr. Judy Miller, SLC School Board member addressed the Board in favor ofthe project. Dr. Miller adviserlthe Board that the school district has spent a huge amount of resources with the schools that are located on Lennard Road and felt they must find a solution to the issue. .. Mr. Dan Harrell- attorney for SLC School Board addressed the Board regarding the investment the School Board has made in the schools and the interlocal agreements signed. Under these agreements, it is considered it's participation in the Lennard Road corridor improvements a partnership with the county as a sister arm of government. These investments based on the agreements were done over a 17 yeur period, now totuling $30 million with the understunding that the roudway would be completed as proposed for 20 years in the Comprehensive Plan. '- .. Mr. Harrell respectfully suggests tlwt the ßoard decline any invitation to modify some portion ol'lhe Comprehensive l'lun that they have been I(¡!lowing with 1In.: investment of$30 million dollars us u component of the county's Transport.ltion Network. At no time did the school district during the 17 yeurs, receive an indication that there might be a receding from the ultimate construction of Lennard Road. During this period the School Board has been under the obligation to abide by the Comprehensive Plan and this is what they have precisely done since 1983. The roadway is critically important to the district. .. .. .. Com. Coward stated that as much as many people would like to maintain the "status quo" with growth in this community. We must look at accommodating growth which is going to continue. Ill: supporls tho public alld private purtllcrship, but there is Olll: key isstw he would like to bring up. Ifthere is to be a partnership, he hopes the private entities would want to be a part of this partnership ,Uld one ofthe arguments he 1m;.; heard i~: H~at those that arc opposed to it, arc being forced to pay for it. This is not a typical MSBU, this MSBU is being driven by the development in the area. He asked if the developer would consider taking the remaining one percent or so who are being asked to pay and do not want to, and paying their portion. .. .. .. Mr. Allen Goins, A.G. Development, developer for the shopping center being proposed for the northeast corner of U.S. 1 and Prima Vista Blvd., stated he tried to put himself in the residents position and he thinks that it is clear to him that water and sewer is an infrastructure they really need it is a quality oflife issue. The roadway is what is controversial to them and in that regard he would be willing to step us and pay their costs for the roadway impacts. '- The MSBU Coordinator advised Mr. Goins that there are 18 assessments for roadway which is $1,000 per assessment which would be a total of$18,000. L Mr. Goins stated that "yes" he understands. Com. Barnes questioned what would be the outcome I~'the e~s! leg was taken out in total. l The MSBU Coordinuted stuted she was not sure how the assessmcnt would come out I()r the particular petitioners. This petition not only represents Porta Oaks, hul also represents Eleanor Dent on Tilton Road and two other land owners, which makes a total of 4 landowners they are dealing with. ... II. .. ~8- .. c1V \. .. ... L. Com. Barnes stated that if the developer was not going to develop the area in a short period of time, then why are they extending the leg. He could see if it was going past the property and then on to the middle segment, but he has a hard time seeing why it is being extended down to the large piece of property. He stated that it is unfair also to ask these property owners to provide a nature preserve, they have the right to build on their property, but, as a Commissioner, he want to make sure that they use that right to build something compatible with the community. .. He would like to vote in favor ofthe MSRU but would like to get over this hurdle. ... Mr. Marvin Slavachek, representing of Porta Oaks, advised the Board that the previous plans were allowed to expire, they did not work market wise or compatibility wise with the neighborhood. At this point in time, they arc ready to move forward, once thcre is a commitment from the county to build the road so that they have utilities and water They will start the planning process. They will begin the process of planning and will begin to develop a plan that will lit with the standards and the desires of the neighborhood and at the same time linancially feasible and market driven. He cannot give the Board an exact time thulle. but, they will begin the procL:ss. ... ... II. Com. Coward asked Mr. Slavachek ifhe had a position as it relates to sewer and water such as the one by Allen Goins. .. Mr. Slavachek stated he is only a representative of the group, however, at this point he would concur with Mr. Goins in that they would be supportive of something to alleviate the financial burden on the people that are not for that relative to ¡he, roadway and so forth. He believes he could concur with that. ~ Mr. Gcorgc Emo addrcsscd [hc ßoard regarding the purchase or land out ill the middk: or no where with no road other than on paper is like investing in the stock market, sometimes YOll win, somctimcs you losc. '- Ms. Frances Dura addressed what she felt was an existing ordinance where the developer is to build the roads not the county or the neighborhood. ... Com. Coward stated he believes this is what ¡he developer is doing and this is a private public partnership. ¡.. An unidentified resident requested she receive it in writing that developer will be paying for the road. .. It was moved by Com. Barnes, seconded by Com. LC.WIS, to ~;;µrove the MSBU with the condition that there be binding agreements that the total cost will be paid by the larger landowners and that also that before the assessment is actually imposed that there be developer agreements with the larger landowners to set forth the character of the development which will not hurt and that workshops be held while the road i~ being designed to address the safety issues that were brought forth by the community; and, upon roll call. motion carried unanimously. La '~>I< (:0111. IJruhn abs!aim:d. .. Com. Lewis stated she would support the motion and the requested workshops to further define the process. .. \ .. -9- ... @ 'i .. L. ... .. .. i .. I.. '- .. ... II.. ... L I. ... ëf *- ì, .. ¡.. É, .. L B. Resolution No. 00-104/Lennard Road 2 MSBU Potable Water Improvements- For consideration before the Board was staff recommendation to adopt the resolution creating the North Lennard Road 2 MSBU for potab¡(, water improvements, authorize the County Engineer to proceed with the engineering design and permitting for the project pursuant to the procedures set forth in Chapter 1-13.5 , St. Lucie County Code of Ordinances, and to advertise for bids for construction. It was moved by Com. Bames, seconded by Com. L~wis, to approve Resolution No. 00-104 with the same comments as made by Com. Barnes; and, upon roll call, motion carried unanimously. ** Com. Bruhn abstaincd. c. Rcsolution No. 00-1 05/Lcnnanl Road 3 MSBU/Sanitary Scwcr Improvcmcnts- For considcration bcforc thc Board was staff rc;;0l11l11cndalion to adoptthc rcsolution crcating the North Lennard Road MSBU 3 for sanitary scwer improvements, authorize the County Enginccr to procced with the engineering design and permitting 1'01' the project pursuant to the procedures set l'orth in Chapter 1-13.5, Sl. Lucie County Code of Ordinances, and to advertise for bids for constructi,(\n. It was moved by Com. Bames, seconded by Com. Lewis, to approve Resolution No. 00-105 with the same comments as made by Com. Bames; and, upon roll call, motion carried unanimously. ** Com. Bruhn abstained. At this time, the gavel was returned to the Chairman and he assumed his position. COMMUNITY DEVELOPMENT (3-3586) D. Resolution No. 00-020 1MI'. & Mrs. Vernon Davis and Mr & Mrs. Arthur Purdy- For consideration before the Board was staff recommendation to approve the resolution granting a change in zoning from the AR-1 Zoning District, to the RS-4 Zoning District. It was moved by Com. Hutchinson, seconded by Com. Bames, to approve staff recommendation; and, upon 1'011 call, motion carried unanimously. E. Resolution No. 00-016- Jack Taylor- For consideration before the Board was staff recommendation to approve the resolution granting a Conditional Use Permit and Major Site Plan t'o allow a 68,815 square foot mini-warehouse and self-storage facility in the CG zoning district. It was moved by Com. Lewis, seconded by Com. Coward, to approve staff recommendation; and, upon roll call motion carried unanimously. F. Resolution No. 00-025- Michael Huber-For consideration before the Board, was staff rccommendation to approvc thc resolution granting a change in ".oning frol1! the CN Zoning District to the CO Zoning District. Me. Mike Jacquin, Jacquin and Sons addressed the Board on this issue Mr. Herbert Beach, representing the White City Improvement Club, addressed the Board in favor of this change. It was moved by Com. Hutchinson, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimollsly. -10- (ij) L L ~ G. Resolution No. 00-021- Treasure Coast Land Clearing Inc., and Treasure Coast Tractor Service, Inc., - For consideration before the Board was staffrecommenqation to approve the resolution granting a change in zoning from the AG-5 Zoning District to the U Zoning District. ... Mr. Beck, attorney for the petitioner, addressed the Board on this issue. L .. It was moved by Corn. Hutchinson, seconded by Corn. Coward, to approve staff rccommcndation; and, upon roll call, motion carried unanimously. II. Rcsolution No. 00-022/TreaslIre Coast Land Clearing, Inc. and Treasure Coast Tractor Scrvice- Consider stall recommendation to approve the resolution granting a Conditional Use Permit to operate ,111 air curtain incinerator in the U Zoning District, subject to the cited conditions.. ... ~. t ... Mr. Beck ,attorney for the petitioner addressed the Board on this issue. I ... Mr. Fred Polidori, area resident, addressed the Board in opposition to this issue, he felt it would case air pollution. ~ It was moved by Corn. Lewis, seconded by Corn. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (4-500) ... Resolution No. 00-110- Consider staff recommendation to approve the resolution for the 8t. Lucie County Florida Industrial Development Revenue Bonds/$9,000,000 Freedom Plastics, Inc., Florida Project. ~ It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. , i.., 7. ADMlNISTRA TION (4-517) Corn. Hutchinson gave an update on the t.ake Okeecho¡'~e Coalition. ~ - ... ;;~; ::~g no furth" b",in,,, to b, "'ought bdore th, 7i75'2:Z-Uffiod " 'irrnan \, t.. / (\ L /;. ~//~ 1'1 -1-{1' .-' - ;/ ,o?/ (.''¡¿:¿'[ /';f' . J/ c- ',. ~ ~ "- .. CJéÍ'k or Cirellit'Collrt // // (/ '- .. c:W ... L .. ¡. L. ~ .. çommittoes Ocnc>l1Û Oovernment Appmpriat.lOl ç, CbnJr Rule. and Calendar Q""cnI Appropriations Joint Le¡islatlvo Audltln¡:, Chair Utllltlo. IUId Communication. FJscÑ Council P. o~C(hlJ'nl Council Florida House of Representatives Ken Pruitt Representative, gIst Distril:t .. I.. Reply to: o 2400 SE Mldpon Rd.. Sufte 110 pon St. Lucie. I'L 349:52. (S61) 33S-8OOO o 2211"ho C."ilol 402. 50uII1 Mon...,., 51. TRIIRItRUN'!. 1'1. 32:19<J- noo (".\0) 4""·"74\1 ... t L. Commissioner Frannie Hutchinson Delivery Via Fax: 462-2131 Dear Commissioner Hutchinson: F 2<.. .. Thnnk you for taking the time, yesterday, to discuss thcFlU111workcr HousJng legislntion considered by the: Legislature. Due to the mJslnfonnation circulated about this legislation, I wnntcd to confinn In writing whllt it actually does. \, i.. The House Committee on Community Affwrs considered legislation brought to them by the Non- Profit Migrnnt Farmworker Housing Coalition. an agricultural Interest group, whose goal Is to work with communities to find safe, secure housing forfannworkers, without disrupting existing neighborhoods. ~ , .. .... The City of FOr( Pierce showed interest after some of its neighborhoods showed serious decline due to the influx of migrant fannworkers (many undocumented) over ilie last fifteen years. The purpose of the legislation is to fonn a partnership with local governments who would provide ~ site and infrastructure for constl"Uction of a fannworker community consisting of approximately 250 apartment residences. The other partners would be the Federal Government who would provide approximately 25% of ilie funds needed, and the State would provide approximately 50%. A 'non-profit entity would actually dcvelop the community_ The partnership with the local government is the most significant piece of the legislation. Since local elected officials W"C clo$Cst to the people. it was felt by the Legislature that they would be extremely sensitive when siting these communities. After all. the Intention of the proposal is to stabilize l l ¡ .. L ... ~ ... 1.. .,' .'~. ....',.........." .1. ......"...... ............, (ij) ¡. ÌIIII ~ ... neighborhoods, not devalue existing ones. However, contrary to media accounts, NO funding was allocated from the State for this initiative and no communities will be considered for state grants under this legislation. ... Should funding be provided in the future, by the State. local governments will have to submit applications (to the State) to be considered for a grant. No local government wiJI be forced to accept a grant, since the whole purpose of the legislation is to form "working" partnerships. , ill I commend you for taking time to find out the facts, Commissioner Hutchinson. I also commend the City of Fort Pierce for taking an initiative to stabilize its' deteriorating neighborhoods. This scrious issue is not going to go away and we need to address it head on. ... Hopefully. your positive consideration of the ml¿µ-:\IJt farmworker survey On the lIJ!:enda tonight wil] givo liS an nccurntc a:;:¡essment of exactly how many fw-rnworkc1'1; we arc dealing with ill our community. ... Thank you, again, for taking the time to discuss this with me. l Most Sincerely, ~~ State Representative Distric t S 1 ì. KP/sbf L L L. L l .. L ... ... ( .. ..' ........-'"\'..,' """............. " ........., {j}J L. ... ÌIIa MEMORANDUM OF 'VOTING CONFLICT .. Bruhn Last Name John First Name D. Middle Name ... 2300 Virqinia Avenue, 3rd Floor Administration Annex Ma i ling Addres s ... Ft. Pierce, Florida City 34982 Zip St. Lucie County St. Lucie County Board of County Cormri.ssioners Name of Agency .. ,Junc 6, 2000 Date on Which Vote Occurred A. Millie Delgado Name of Person Recording Minutes ... Deputy Clerk Title of Person Recording Minutes ~ I. L. UBLIC ~NGS .9EþwÙB~ftKS ~eI!M,HB: ~ßòlu"f:'l~ifhNO~0&o-18~tJ~d Road 2 MSBU / ortable Water Improvements - Consider staff recornnendation to adopt the resolution creating the orth Lennard Road 2 MSBU for potable water irnproverœnts, authorize the County Engineer to proceed ith the engineering design and permitting for the project pursUùnt to the procedures set forth in hapter 1-13.5, St. Lucie County Code of Ordinances, and to advertise for bids for construction. 2. Description of person, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: own lot in Lennard Road right of way and abstained to avoid appearance of impropriety. ~ ¡¡ ~ - ii .. i.. 3. Person or principal to wh'C!lm the special gain described above will inure: t r .. a. x Yourself b. Principal by whom you are retained: .. (Name) -.. s' UJ1/iL ~ Signature Date on which form was filed witlî the person res p () n sib I c r 0 r r C cor ell n 01 minutcs¡ at wl1ÌC/1 lI'lC vote occurre'd: i. ~ ... La ¡. , ¡~ ~ L MEMORANDUM OF VOTING CONFLICT i.. Bruhn Last Name John First-Name D. Middle Name ... 2300 Virginia Avenue, 3rd Floor Administration Armex Mailing Address ~ Ft. Pierce, Florida City 34982 Zip St. Lucie County St. Lucie County Board of County Cam\issioners Name of Agency ... June 6, 2000 Date on Which Vote Occurred A. Millie Delgado Name of Person Recording Minutes ... Deputy Clerk Title of Person Recording Minutes t ÍI. L. 1. Description of the matter upon which you abstained: UBLIC HEARINGS -PUBLIC WORKS AGENDA lTEM5C. Resolution No. DO-lOS/Lennard Road 3 MSBU / anitary Sewer Improvements - Consider staff reccmnendation to adopt the resolution creating the orth Lennard Road 3 MSBU for sanitary sewer irnproverrents, authorize the County Engineer to proceed ith the engineering design and permitting for the project pursuant to tho proceduros sot forth in hilptor 1-13.5, St. Lucio County Ccxlc of Ordin.:mccs, ilnd to aùvortiso for biùs for construction. 2. Description of person, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: own lot in Lennard Road right of way and abstained to avoid appearance of impropriety. .. L. I n ... 3. Person or principal to~ whmm the special gain described above will inure: i. a. x Yourself b. Principal by whom you are retained: l '- (Name) l Date on which form was filed witll tile person responsible For recordingl minutes¡ at wlÜch tile vote occurre'd: ~ II. i.. (j)) L. ~ .. , L ... MEMORANDUM OF VOTING CONFLICT .. Bruhn Last Name John First Name D. Middle Name ... 2300 Virginia Avenue, 3rd Floor Aàministration Annex Mailing Address Ft. pierce, Florida 34982 City Zip St. Lucie County Board of County Cœmissioners Name of Agency St. Lucie County ~ ... June 6, 2000 Date on Which Vote Occurred L. A. Millie Delqado Name of Person Recording Minutes Deputy Clerk Title of Person Recording Minutes ... i. 1. Description of the matterupbn which you abstained: PUBLIC HEARINGS - PUBLIC WORKS AGENDA ITEM SA. Resolution No. 00-103 / Lennard Road 1 ~,ISBU / Roadway Irnprovenents - Consider staff recarmendation to adopt the resolution creating the North Lermard Road 1 MSBU for roadway improveIœl1ts, authorize the County Engineer to proceed \\1i th the engineerin~ design and J?ffiJ!1itting for the project pursuant to the procedures set forth in :hapter 1- 3.5, _St,. T.UC1C .Count\!.. Code of ordinancE)së and to acivert:ì,se for þids for construction. . U~~CTlp~lon 01' person, prlvat I or professlonal lnterest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: I own lot in Lennard Road right of way and abstained to avoid appearance of impropriety. ~t .. L ~ 3. Person or principal to w~øm the special gain described above will inure: h .. a. x Yourself Principal by whom you are retained: b. (Name) ... , ... ,~ fl{)~ Date on which form was filed with the person re spons i b 1e for r eco rdi ngl minutes¡ at wlÜcll the vote occurre'd: ÍII ... .. ~ ¡. BOARD or COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ... IŒGULAR MEETING ... Date: September 16,2003 Tape: 1-4 Convened: 6:00 p.m. Adjourned: 11 :30 p.m. ... Commissioners Present: Cliff Bames, Chainnan, Paula A. Lewis, Frannie Hutchinson, Doug Coward, Jolm D. Bru1m ilia Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan Mclntyre, County Attorney, Dennis Murphy, Community Development Director, Bill Blazak, Utilities Director, Don West, Public Works Director, Sheri iT Mascara. Millie Delgado-Feliciano, Deputy Clerk ... !. MINUTES (1-024) ... It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of the meeting held September 9,2003; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS PRESENTATIONS (1-036) L A. Resolution No. 03-246- Proclaiming September 20, 2003 as "POW/MIA Recognition Day" in St. Lucie County, Florida. ... It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 03- 246; und, upon roll call, motion carried unanimously. L B. Presentution- The Bourd acknowledged the winners of the Bicycle Safety Poster Contest. c. The County Administrator read upcoming events and scheduled meetings. r ill. J. Cil·:NI:RAL I'tJllLlC COMMENTS (I-10M) ì i. Ms. Patricia Ferrick, S. 251h St resident. addressed the Board in suppoli of impact fees and their proposed increase. ... Ms. Dolores Johnson, Waterfront Council, commented on the dredging of Taylor Creek and expressed concern with the testing and the fact that the project was being pushed at a quick rate. ~ Ms. Julia Orbin- Lakewood Park resident, addressed the Board regarding the drainage problem caused by the Portofino Shores development. ill. The Public Works Director addressed Ms. Orbin's concerns and advised her of the attempt to schedule a worksession during the month of November. He advised Ms. Orbin that the county did have the required pennit. , ~ Mr. George Cavanagh, FIND representative, addressed the Board of the available funding of $800,000 from FIND and stated this was a multi-year project. 4. CONSENT AGENDA ... It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the Consent Agenda; and, upon roll call, motion catTied unanimously. k ... ... @ .. .. I. The Board approved Warrant List No. 50. PARKS AND RECREATION r.. 2. WARRANT liST ... User Fee WaiverlSLC Fairgrounds, Equestrian & Event Center- The Board approved waiving the user fees for the St. Lucie County 4-H and FFA organizations with the stipulations as outlined by staff. 3. AIRPORT ... .... '- ... 4. II. ~j' .. t .. L. 5. ... ~ ¡. .. .. 6. r.. ... ... A. Eqllipmcnt Rcqllcst No. ()~-28~- Thc Board approved the pllrchase or "II Icum IC-A 11 () Air Band Transceiver Radiu from Aircrai'l Parts Market for communication to the Air Traffic Control Tower in the amount of$917. ß. Equipment Request 03-282- The Board approved the purchase of a wheeled ire extinguisher containing 150 pounds 0 f dry chemical model number 488 to maintain fire safety requirements on the FIS ramp in the amount of$2,190. UTILITIES A. Amendment No. 1 to Consultant Agreement with Howard C. . Osterman- The Board approved the amendment in the amount of $55,000 to provide expertise in the development of multiple new service districts and to provide on going services to the Utility Department. ß. Equipment Request Nos. 03-276 through 03-281/ßudget AIl1endll1ent6 No. 0:1-1 (12- The Board approved (he ~'luipll1enl requests and hudget :lllIeIHhl1l:n! 10 purchase a.l ih Cram: ($1,4()().40). Ilois( ($1.20(1.')(»). Rolohin ($7%.50). OStIA Slorage ('¡¡hind ($101%.45) and Pipe t ,oealor ($1,7')1).10) li.Jl'a to[al alHounl or $(1,171..\5, 1(11' (he North Hutchinson Islanu Wastewater Treatment Plan expansion. COUNTY ATTORNEY A. Healthy Start Coalition of St. Lucie County, Inc.,- The Board approved the proposed seventh amendment to the October 24, 1994 Facility Use Agreement with Healthy Start Coalition of St. Lucie County, Inc., and Kids Connccted by design and authorized the Chairman to sign the amendment. B. Edwards & Selvitz Road Intersection Improvement Project- The Board approved the Contract for Sale and Purchase of the Christian Fcllowship Alive Ministries, Inc., right of way and corner slip 1'01' $13,200, authorized the Chairman to execute the contract and directed staff to close the transaction and record the closing documents in the Public Records of St. Lucie County, Florida. COMMUNITY DEVELOPMENT A. Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy COlTImittl:e Appointment- The Board ratified Com. Bruhn's appointment of Gwenda Thompson to the Treasure Coast Regional Planning Cruncil CEDS Committee through December, 2004. 2 (jj) II. ¡ ... ... t '- B. Resolution No. 03-189/St. Lucif; Landings Subdivision- The Board approv.:d (h.: R.:solution granting approval I()r a Major Sil.: Plan to 111.: known as St. Lucie Landing:. Subdivision, subject to the cited conditions contained therein, lecated on the west side of Oleander A venue north of and adjacent to Rivers Edge Subdivision. C. Resolution No. 03-222/DialtlOnd Sands Subdivision- The Board approved the resolution granting approval for a Major Site Plan to be known as Diamond Sands Subdivision, subject to the cited conditions contained therein, located on east side of State Road AlA. 7. PUBLIC WORKS L. Bid Waiver and Permission to Purehase- The Board approved the bid waiver It)r the purchase of war lìlled "Jersey" Barriers from Protective Barrier Services of FL Lauderdale in the amount of $29,252. ... 8. CENTRAL SERVICES ... Reallocation of Funds- The Board approved the reallocation of $1 ,GOO for the purchase of two generators to be used for department emergency back-up and for the purchase of other miscellaneous equipment. ¡ ¡.. 9. l ~. .. I, .. PURCHASING A. Permission to Advertise- The Board granted permission to advertise a RFP for Canoe and Kayak rental concession at the River Park Marina. B. Bid Waiver and Piggyback Martin County Annual Agreement lor Removal of Trees, Tree Stump,>, and Tree Trimming Bid # A/R03- 284 - The Board approved the "'¡liver of the bid process and granted permission to piggyback Martin County Annual Agreement with Tony's Tree Service, Inc., ¡IS the ¡Jrimary vendor and Tri-Brolhers Tree & Landscaping, Inc., as the s'~eondary vendor and authorii'.ed the Ch:lirl11al1 (0 sign (he con(rae(s a:; prepared hy Ihe ('OI1Il(y Atlollley. Ì'i III 5. REGULAR AGENDA COUNTY ATTORNEY (1-1072) .. A. Ordinance No. 03-17/2003 Economic Development Exemption Application Liberty Home Pharmacy Corporation- Staff recommended the Board determine whethcr 1:0 approvc the ordinance. ¡ i. The Economic Developmcnt Manager addressed this issue and advised the Board that they would not pay propel1y taxes on the real property improvements since it is within thc CRA. The city of Port St. Lucic has granted a 3 year 100 % exemption. ¡ ... The County Allorney advised the Board that this is a new policy issue that the county has not encountered previously. L Com. Hutchinson requested this be continued in order to separate the larger policy issue from this application. Staff was directed to get back with the Board no later than a two week period with a report on the broader policy implications of ad-valorem tax exemptions within CRA's. ... It was moved by COI11. Bruhn, seconded by Com. Hutchinson, to continue this public hearing on October 14, 2003 at 9:00 a.m. or as soon thereafter as possible; and, upon roll cal1, motion carried unanimously. .. ì ... :1 ()i;) ¡. II. OrdinanC\.: O:\-:1M200:\ Economic Dcvclopmcnt I\xcmption Application/Mirabclla Yachts, Ine.- Consider slal' " n::conllllendationto approve Ordinance 03-36. .. It was moved by Com. Coward, seconded by Com. Bmlm, to approve Ordinance No. 03- 36; and, upon roll call, motion carried unanimously. ... C. Resolution No. 03-I78/Wilcox Rod Preserve Designation- Consider staff recommendation to adopt R;:soIution No. 03-178. II. It was moved by Com. Bruhn, seconded by Com. Iiutchinson, to approve Resolution No. 03-178; and, upon roll call, motion carried unanimously. ... D. Petition for ^bundonment/Right of Wuy LTC Runch-Consider stuff rccommendulion to upprove Resolution No. m-211 approving llw ahuntlonment or the existing right or way through LTC Ranch subject to the dedication of the relocated right of way to St. Lucie County or the City of Port St. Lucie, as detennined by the Board, instruct staff to publish the final Notice of Abandonment, and record Resolution No. 03-211, Proof of Publication oftt.e Notice of Public Hearing and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida.· II. ... Com. Barnes stated he would personally like to see this as a county road. .. Mr. Bobby Klein, representing the developer, addressed the Board on this item. ~ ... Ms. Sandra Woodums, area resident, questioned where this road ended. The Community Development Director addresscd Ms. Woodums question. Mr. Klein advised the Board that this road would not be built and it should be abandoned. .. Com. Barnes suggested there be an interlocal between the county and the city for the division or tile gas tax. ~ .. Com. Coward stated he did not see why the county is concerned with the loss or revenue in the sense that the road is going into the city and tney will have additional requirements that they will need the revenue for and does no':: understand what they are trying to accomplish. Mr. Klein stated he could not accept a motion which was "subject to" and would be willing to table this issue and have the city discuss this with the county. ... It was moved by Com. Coward, seconded by Com. Lewis, to approve the Petition for Abandonment and Resolution No. 03-211; and, upon roll call, the vote was as follows: Nay: Hutchinson, Bames; Aye's: Bruhn, Coward, Lewis; motion carried by a vote of 3 to 2. ~ .. COMMUNTlY DEVELOPMENT (1-3119) .. E. Ordinance No. 03-023 Amending the County's Educational Impact Fee Schedules- This was the first of two public hearings. No final action was req~li1'ed of the Board at this time. L The Board advised those present that the second r;:quired public hearing was scheduled for October 7, 2003 at 7:00 p.m. or as soon thereaft;:r as possible. ... The County Attorney stated he is proposing as well as the school board that this be effective February 1, 2004 as to not affect those already applying for home loans. ... 4 (jj) it II. .. ... Mr. Dan Harrell, School Board. thanked the Board for their support on thc impkmentalion of the impm;t Ices. ^ copy of the school hoard minutes were distributed addressing [he amount they arc requcsting. .. Mr. Marty Sanders, Facilities Director for the Scbool Board advised the Board of the $335 million shortfall over the next 5 years for capital facilities. Part of this amount is for renovations and part for construction of new student stations. .. Mr. Don Santos, Treasure Coast Builders AssoeÜ;tion, addressed the Board and stated there is a major difference between the figure ti1e School Board consultant and the Builders Associations Consultant. ' ~ Mr. Santos staled the Association concurs with thc date of implementalion of [he impact Ices or February 1,2004 however, [hey do no! agree wilh Ihe cost. ... Mr. Steph Mathis, President Elect, SLC Chamber or Commercc, addrcssed the Board in favor of the position the School Board and the TC Builders Association have taken with respect to the implementation date of the fees. They reserve their comments on the other areas until the studies have been completed. La Ms. Arlene Brown, Port S1. Lucie, addressed the Board in opposition to the impact fee increase. f .. Mr. Ron Belkin, President St. Lucie County Chapt:::r, TC Builders Assoc., addressed the Board and stated they felt new construction is being penalized and that other real estate transactions should also pay some of the costs. l Mr. Kirk Sorenson, Consult'lI1t for the ßuilders ^ssociation, stated the Ice was not the concern, it is the process used to arrive at the figure. I-lis recommendation was that the Board allow timc li)r thc consultants to sit and rcview the ligures and arrive at a cooperative recommendation and equitable solution. L Ms. Sandy (unintelligible name) real estate agent addressed the Board regarding the sales of homes ill SI. Lucie Coullty alld the affeel this will have Oil Ihe Iwnw sales ;11111 FII^ loall criteria. I- I.. Mr. Pete Hegener, Pres. Core Communities, addressed the Board in favor of the fees, however does agree with transfer tax on those existing homes being sold. .. Mr. William Hammer, Reserve resident"addressed the Board in favor if the impact fees. ~ ... Ms. Pamela Hammer, Reserve resident, objected to the delay period requested for implementation. Mr. James Zeeker, Ft. Pierce Center High School student, addressed the Board in favor of the Ices to eliminate portables for classrooms. ... Mr. Kenny Hogan, Chairman Citizens Budget Committee, addressed the Board in favor of the impact fees. ¡¡ ~ No action required. F. Ordinance No. 03-25- Creating 2. Countywide Law Enforcement Fee- Staff recommends that the Board consider one of the two following options. La ... 1) approve the fee schedule c.s described in the ordinance, with an effective date of January 1, 2004, in order to permit time to request that the Cities of Fort Pierce and Port S1. Lucie and S1. Lucie Village review and approve an interloeal agreement addressing the collection of the fees. ... 5 (jf) II. .. .. 2) continuc the public hearing on this mailer to a date certain (suggest December 2, 200::) in order to permit time to request that the Cities of Ft. Pierce. Port SI. Lucie and SI. Lucie Village review and approve an II1terlocal agreement addressing he collection of these fees. He effective date of this fee schedule in this instance would be January 1,2004. .... 11 was moved by Com. Hutchinson, seconded by Com. Lewis, to continue this hearing on December 2, 2003 ; and, upon roll call, motion carried unanimously. .. G. Resolution No. 03-085 Dale T. Mosher- Consider staff recommendation to approve the resolution granting a change in zoning from RS-3 to AR-1. \ ... Mr, ,nl\l1l,'errià, :lre:l re~idel1l, IIddre~~ed tlie BO:lrd in li,vol' o '(11lJ ï,olling clHll1ge. .... It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve stafI recommendation; and, upon roll call, motion carried unanimously. (' ~ H. Resolution No. 03-223 Dale T. J\!oser- Consider staff recommendation to approve the resolution grantillg a Conditional Use Permit to allow for the operation of a commncial plant nursery located at 4200 Edwards Road. .. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. !. Resolution No. 03-190/Renee A. LeBen- Consider staff recommendation to approve the resolution to define a Class"A" Mobile Home as a detached single ramily dwelling unit. .. .. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve starf recommendation; and, upon roll call, motion carned unanimously. 'l'apL: 2 & J (2-2450) ~ ~ .I.a ,'0I'l11;¡ l'uhlìL: IIL:arìng Ikl UL:~tF:ynlhi¡¡ & Alto ,L:L: Ad:ulI~ 111- Ihi~ item was an administrative revil:w associated with and contingent to the next public hearing.- consider the request to hold a public hearing to consider the revocation of a previously issued conditional use pennit authorizing the operation of an air curtain incinerator. .. The Board members advised those present of the contacts made by both parties to each commissioner. .. It was the consensus of the Board to schedule this hearing on October 28, 2003 at 1:00 p.m. or as soonthereafler as possible. L (3-0240) .I.b Treasure Coast Tractor ~ervices, Inc.,- Consider staff recommendation to deny the petition for a Conditional Use Pennit to al10w the operation of a second air curtain incinerator in the Utilities Zoning for proper·;y located south of Orange Avenue approx. 3,000 feet west of Sneed Road as being inconsistent with the standards of review set forth in Section 11.07.03 of the St. Lucie County Land Development Code, and is in conflict with the Goals, Objectives and Poìicies of the St. Lucie County Comprehensive Code. III .. Ms. Cynthia Ad.ulls addressed the Board on this issue and advised the Board that the DEP would be conducting air quality tests tomorrow. .... 6 Gv .. .. -.. It was movcd by Com. Lcwis, sccondcd by Com. Bruhn, [0 continuc this public hcaring on Novcmbcr 4, 2003 at 7:00 pm or as soon thcrcallcr as possiblc; and, upon roll cull, motion carried unanimously. '- K. Consider Draft Ordinance No. 03-005 amending the S1. Lucie County Land Development Code by amending the Open Space Standards for Planned Unit Developments to provide for Clarification of Standards Applicable to areas of the Unincorporated County with a Future Land Use Designation of Agricultural, Residential and Mixed Use and by creating New Paragraph K. Clustering of Developments for Planned Unit Developments- This is the first of two required public hearings. No action is required by the Board at thi:ì time other than to announce that the m:xt public hcaring on this maltcr 'Nil! bc held on Tucsday, Oclobcr 7, 2()()~ at (¡:()() p.l11. or as soon thcrcan~r as possible. .. .. ... Mr. Jerry James, Chairman of the Ag. Ad Hock Committee, addressed the Board and requested theý reject the ordinance and enforce Ordinance No. 03-007 as submitted and recommended by the Planning and Zoning Board. .. Mr. Charles Grande, Hutchinson Island, addressed the Board on this issue. Mr. Pat Murphy, Murphy Real Estate, addressed the Board in favor of Ordinance No. 03- 007. ... Mr. Jim Russakis, property owner addressed the Board in allowing to western county to develop in a lower density and more mral building manner. ¡ .. Mr. .Ioc Gorham, addressed the Board on this isslle ¡'.nd the splitting of acres. Mr. Ed Meritt, member of the P & Z Board. addressed the Board as to what the P & Z Board approved. .. The Board mcmbcrs expressed confusion 011 what was being requested by the properly owncrs . ... Mr. Kcnny "Iogan area residcnt, addressed the Board on this isslIe and stated Ihe change in SLC to build ranchetts would benefit the county and would preserve the quality of life. '- Com. Coward stated he could not support what was being requested without more clarification. ... Com. Lewis stated this has been going on· several months and there still seems to be confusion on the issue and felt this issue need to be 5nalized. Com. Bames requested information that would simrlify the understanding of this issue. ~ ... Com. Hutchinson statcd it scemcd as if cvery timc the proposal comcs to thc front it has bccn changed and cach recommcndation is different. ... Com. Barnes suggested having a workscssion and having the Property Appraiser available to clarify the questions and misunderstandings and what this would mean to the development of these parcels. ... Com. Barnes reminded everyone that once it is voted upon it cannot be fixed without paying for property rights. .. The Property Appraiser addressed the Board on this issue and the changes made. He believes it is three simple things that need to be addressed: The open space issue, the clustering isslle, and the 10 acre parcels. II. 7 C~ \,!jy .. .. \1 .. Com. Coward slaled his concern wilh the Ú\ellilal it seemed as if 2 member of the P & Z lhoughllhey had voled on a di fTerenl issue. ... Com. Barnes stated he wanted to understand it before he voted on it. He asked a workshop be scheduled. Mr. Hayslip area resident, asked when the second hearing would be scheduled, he would like to purchase property. ... The scheduled second public hearing will be on Oct)ber 7,2003. .. Com. Coward slated he would like to review the enonomie impact of such projects to be provided as pnrt of thc discussion, ... Slarr was dircl:lcd (0 sl:hedule a workshop(possibly Septelllber 30 in the p.III.) and to bring information forward as to the pros and cons on the three major issues: clustering, 10 acre parcels, open space, transition zone is there on": and can it be done provide maps for review. .. 6. COUNTY ATTORNEY (4-1123) A. St. Lucie County Fair Association- Consider staff recommendation to approve the Amended and Restated Lease and Management Agreement, and authorized the Chainnan to sign the agreement. ... t ¡ .. It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carrie" unanimously. ß. Resolulion No. 03-247/Aulhorizing Taxable Loan lo Provide Financing for Thomas J. White Stadium improvements- Consider staff recommendalion lo approve lhc resolulion as drafted. f. i. ... II W:IS moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 0:1- 247; and, upon roll call, mOlion carried unanimously. 7. ADMINISTRATION .. Resolution No. 03-221/Supporting the .contim;;ed Inclusion of a Local Sources First Policy in Chapter 373.f.s. and opposing any amendment to Florida's Water Resource Policy which allows, encourages or promotes water transfers - Consider staff recommendation to adopt the resolution as drafted. .. ~, It was moved by Com. Hutchinson, seconded by C:>m. Bruhn, to approve Resolution No. 03-221; and, upon roll call, motion carried unanimously. .. There being no furlher business to be brought before the Board, the meeting was adjourned. .. .. STATE OF FLORIDA 8T lUCIE COUNTY THlc TO CERTIFY THAT THIS IS A TRU"E AND CORRECT COpy OF THE ORIGINAL. ~M.FHY.J~..( .' ¿þ~- By . ~~!t~l( Date' d; {)) I . .. ... 8 (4J) .. .. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ... REGULAR MEETING Date: November 4, 2003 Tape: Tape 1-2 Convened: 6:00 p.m. Adjourned: 8:30 p.m. .. ... Commissioners Present: Chairman, Cliff Barn:s, Paula A. Lewis, John D. Bruhn, Doug Coward, Frannie Hutchinson L. Others Present: Doug Anderson, County Adr'1inistrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, D'\fl West, Public Works Director, Bill nla/,ak. Utilities Director. Millie Dclg:ldo-Felieiano, Deputy Clerk ... I. MINUTES (1-406) '- It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the minutes of the mceting held Octobcr 28, 2003; and, IIpon roll call. motion carried unanimously. III 2. PROCLAMA TrONS/PRESENT A TrONS A. Resolution No. 03-278a an,i Resolution No. 03-278b - Proclaiming the month of November 2(;03 as "Hospice Month" in S1. Lucie County, Florida. ... ... It was moved by Com. Lewis, seconded by Com, Hutchinson, to approve Resolution Nos. 03-278a and 03-278b; and, upon roll call, motion carried unanimously. Ms. Marguerite,Shevak- Hospice of the Treasure Coast and Mr. Andy McNeal, Hospice Martin and St. Lucie County were present to accep1 the resolutions. III 13. .Iudgl.: Bryan addrl.:ssed the ßcal'd regarding item No. 10 on the Regular Agenda. .. Item number 10 was brought forwad at this time for a vote. J:; III General Master's Contract- Staff rr:commended a 9 month extension of the agreement with' Albert B. Moore ;01' General Master services at a monthly salary of $7,500 and that the County Attorney make the necessary changes to this agreement to be signed by the Bo ire! Chairman. .... It was moved by Com. Coward. seconded by Com. Bruhn, to approvc starr n:conllllelHlation; ami. IIpOIl roll call. motion c;IITicd Ulwnill1ollsly. .. C. The County Administrator read 1 he upcoming events. 3. GENERAL PUBLIC COMMENTS ( 1-'310) II. Mr. Stephen Ship, 3903 Prominade, LawnwomJ :_~tates, addressed the Board regarding the drainage problem behind his home. .... The Public Works Director stated they had' isited the site and stated they would be taking care of the problem, however, they cou11 not give an exact time frame. ï.. ... ® .. i.. Mr. Richard Lindquist, Pony Pines resident, addressed the Board regarding the <1IlIH:xation issm: with the City or Port 51. Lucie He also nddrcssed (he (rar/ic problem on Midway Road. ì. Mr. Randy Stevenson, Asst. Community Development Director addressed Mr. Lindquist's concerns and stated they were presl'ntJy tracking the annexation issue with (he City of Port Sl. Lucie. ... The County Engineer addressed the traffic problem on Midway Road and advised the Board of the construction in the area. He also stated they would look into placing a sign advising of upcoming congestion in the area. II. Ms. Pamela Hammer, Reserve Resident, addressed the Board regarding the DRI and the proposed 1<IlId use Ch:llIgL' hy the city or Port SI. Luc ie. .... Mr. II<Immcr, Reserve rcsident, ¡¡(Idressed the Board regal'ding the traflic tie up on [-<)5 Sl. Lucie \Vest exit, and suggested a nashin~~ warning sign placed berore the exit to advise the drivers 0 r the congestion. . ... Mr. Fitzpatrick, Fl. Pierce resident, addressed be Board regarding the continuing barking of a dog at a near by property which was previou31y addressed. ..... Ms..Valarie Crooks. property owner and dog owner advised the Board they are presently attempting to sell the property and that they háve moved several of the dogs and this person had a personal vendetta. The Board asked Ms. Crooks to be a good neighbor and try to relocate the dog somewhere where it would not disturb neighbors. ¡.. Mr. Kevin Stinette, Indian River Keeper, addressed the Board regarding the Indian River Lagoon and asked that anyone requesting a variahce to the 50 foot set back be d~nied this variance. ~ ~: .. Ms. Jean Hearn, l!ldrio Road resident, addresse'ithe Board regarding the Port. She stated she had not received a reply on an article p"cviously sent to staff regarding the Mega Yachts. She requested an update on the Port issue and if the county was going to continue to pursue obtaining the property through condemnation proceedings. -. Mr. Bill Hearn, Indrio Road resident, addressed the Board regarding the Administrative Hearing requested regarding the Taylor Creek Dredging. Com. Barnes addressed Mr. Hearn's comments. ... 4. CONSENT AGENDA (1-2582) .. It W:IS moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent Agenda to include item RA-3; and with item C&A deleted; and, upon roll call, motion carried unanimously. .. I. WARRANT LIST The Board approved Warrant List No.6. ill 2. COUNTY ATTORNEY ÌIa A. Platts Creek Stormwater Project/Zumbrum- The Board approved the Option Agreement in the amount if $5,254 plus closing costs, authorized the Chainnan to execute the agreement and instruct staff to proceed with the closing . and record the documents in the Public Records of St. Lucie County, Florida. 2 qj)...... NJ ì.. .. ... 10/31/03 F'7.ABWARR .. FUND .... 001 001146 001149 001152 001157 001158 001809 101 101001 101002 101003 1.01006 101217 102 102001 102107 105 107 107001 107002 111 . ., ... .. ~ ~ .. ft II. II. .J 114 116 117 119 120 122 123 126 127 128 136 138 139 140 160 183 183001 183002 183004 183108 185003 185004 262/ .:"0003 .. ~ ~ i. II. ... .. II. ~ III ~ .. ST. LUCIE COUNTY - BOARD ,~ WARRANT LIST # 6~ 25-0CT-2003 TO 31-0CT-2003 FUND SUMMARY TITLE I I General Fund I:'J FTA USC Section 5307 FY03 ,:1 Section 112/MPO/FHWA/Planning:' 2004 Urban Mobile Irrigation Lab 02/03 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees OTTED Tropicana/Signal Upgrade Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator ~3/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Sur char River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting, ' Pine Hollow Street Lighting MSTU' Kings Hwy Industrial Park Lighting Monte Carlo Lighting MSTU#4 Fund: Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin. - Teen Court::; Domestic Relations Hearing Officer FHFA SHIP FY02/03 ., ",í FHFASHIP FY03/04 Tourism De"'- 4tth Cent 1&S Fund' Impact Fees-Public Buildings County Building Fund ' , . " . EXPENSES 1,296,051.12 432,143.00 786.25 101. 00 241. 26 107.65 111. 46 34,304.54 6,224.40 89,479.30 36,000.00 73,199.07 63,225.00 42,307.60 5,610.46 98.22 6,370.06 2,548,409.54 1,048.33 76.34 2,677.88 530.48 ,2il. 94 464.76 517.18 128.93 769.27 159.64 903.85 266.11 113.98 339.59 447.32 1,347.95 110.44 686.62 9,772.43 1,892.70 1,521.63 160.54 502.50 409.85 6,632.50 14,028.23 221.88 57,549.32 3 075 30..f' 93: 186: 58"'ì,:'~ I,.;'" @ PAGE 1 PAYROLL ... 0.00 0.00 ' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0..00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.,00 o. è'o 0.00 0.00 .0.00 0.00 O.ÒO 0.00 0.00 0.00 0.00 0.00 O.O.!> 0.00 0.00 0.00 0; 00 ' 0.00 I·: .. 10/31/03 F7.ABWARR .. FUND ... ;316 362 382 390 401 418 421 441 448 449 451 458 4'61 471 478 479 481 489 491 505 505001 .. .. ÌIIII l .. .' '. .. 625 650 ... ... ~ .. .. ... .. .. .. .. Ì' ... lilt ,. I .~ ST. LUCIE CO~TY-;BOARD WARRANT LIST # 6-.' 25-0CT-2003 TO 31-0CT-2003 FUND SUMMARY I TITLE County Capital Sports Complex Improv Fund Environmental Land Capital Fund Treasure Cove/Ocean Harbor S Cap Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund. SH Util-Renewal & Replacement Fund Sports Complex Fund . .: No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District . Airport Util - Capi tal Fac Fùnd , Building Code Fund .' .; Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust·Adv Impact Fees Fund . Law Library Agency Fund GRAND ¡ :'1 ( ~ I : i.'l· ." . EXPENSES 48,285.16 482,347.22 6,500.00 497.03 24,409.11 33,949.81 30.13 811. 99 40.26 40.01 192.91 58.34 119,059.95 1,021. 77 30.55 78.83 22.16 19.99 3,778.63 31,673.39 164.99 .6,462.61 129,476.08 4,315.63 8,018.61 5,735,809.16 @ PAGE 2 PAYROLL 'I. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.VO . 0.00 0.00 0.00 3,835.84 0.00 0.00 0.00 0.00 0.00 3,835;84 , ., .,. .':. .. .. .. 3. ... L .. " ~ .. .. ... 4. ß. Indian Rivcr Mcmorial ParklElcctrical Utility Easemcnt- Thc Board approved the proposed Utility Eascment for Ft. Pierce Utilities Authority and authorized the Chamnan to execute the easement. C. Gordy Road Recreation Area- The Board approved the Lease Agreement with South Florida Water Management District and authorized the Chairman to sign the agreement. PUBLIC WORKS A. Engineering/Permission to Ad,··rtise Twenty Three Public Hearings slaling thc County's intent to use the uniform method or collecting Non-Ad Valorem Special A! sessments levied by the Airport Industrial Park Atlantic ßcach ßlvd., ':om[ Street, Echo Street, I'm-Mar Place. Grcen Acres, Grey Twig Lane, Harmony Heights, Indian River Eslalcs. I.akc Drivc, Ll'l)¡IIl( 11 Road. Navajo A vcnllc South, North Lennard Roard, I, North Le'lnard Road 2. North Lennard Road 3, Osccola Drive, Saegar Avelll,e, Solida Circle, South 261h St., South Hutchinson Island Beach Restoration, St. Lucie Village, Sunland Gardens Phase 1, and Sunland Gardens Phase 2, Municipal Services Benefit Units- The Board approved advertising the hearings for December 9, 2003 at 9:00 a.m. or as soon thereafter as possible. B. Solid Waste/Revised Equipmerit Request No. 04-200- The Board approved the revised equipment request changing the equipment description from Mini Van to Mld Size Utility Vehicle and authorized the purchase. C. Solid Waste/CDM Proposa- The Board approved the proposal for study to place urban service) area residential solid waste charges on property tax bills for an upper limit of$15,000. CULTURAL AFFAIRS , t! .. Departmcnt of .Environmcnlal Protcction Innovuti,·c Rccycling/Wastc Reduction Grant Program- The Board approved submitting a grant application for funds to contract with an artist to create a sculpture from recycled materials. ~ 5. GRANTS U.S. Soccer Foundation Grant Application- The Board approved authorizing the County Administrator to submit a grant application to Lssist in constructing soccer field at Lawnwood Recreation Complex. .. .. A. (), PURCHASING ß. .. ~ ... C. '- D. '- ÎIt I ''irsl Extension 10 Agrcelllenl ('{J-I)I-21[ with Adapco Inc.,- This ilelll was pulled. Third Amendment to Contract CC2-04-399 with Terminix lnternational Company- The Board approved the mll"ndment and authorized the Chairman to sign the amendment as prepared by th.J County Attorney. Third Amendment to Contract C02-11-124 with Aquagenix- The Board approved the amendment and authorized the Chairman to sign the amendment as prepared by the County Attorney. Bid No. 03-047/Ilouis Ellis Memorial ',>ark Concessions/Restroom Building- The Bo¡ml approved rejecting all. hids and gnmted permission to re-bid the proj ect. 3 @ .. 7. PUBLIC SAFETY .. A. Affiliate Agreement with 211- n..e Board approved the agreement and authorized the Chairman to sign the ab1fe~ment. .. B. Contract Agreement with THENAR and IBM- The Board approved the agreement for hardware, software and í;oftware services subscriptions from 10/1/03-9/30/04 at a cost of$31.415.17 and IBM software maintenance for 3 years from 10/1/03-9/30/06 and authorized the Chairman to sign the agreement. .. 8. INVESTMENT FOR THE FUTURE- ¡., Wallon Road ^nnex Project Change Ordel No. 1 "lith REG Architects- The Board approved the change order to increase the:ontruet SUI1l in the amount of' $9,080 for n;illlbursable expenses und uuthorized the C \¡¡¡irmun to sign the change order. .... l). MANAGEMENT AND BUDGET ¡.. Budget Amendment No. 04-111- The BOélid approved the budget amendment establishing the budget for the Juvenile Drug Court. 10. PARKS AND RECREATON ií. Request for Approval to serve alcohol at the Ft. Pjerce Community Center- The Board approved the request of the St. Lucie County Cultural Affairs Council to serve alcohol on December 4, 2003. .. 11. COMMUNITY DEVELOP~ENT .. Anaeostia SID Final Plat Approval- The Boart [approved the final plat of Anacostia SID located on the east side of South SR A-1-A app 'oximately 1,300 feet south if the entrance to Frederick Douglas Park in the HlRD zoninr jistriet and authorized its final execution. lilt RA-3 The Board approved Draft Resolution 1\0. 03-238 amending Resolution No. 03- 222 to correct a scrivener's error in Part B of sm i resolution. REGULAR AGENDA .. COMMUNITY DEVELOPMENT ... 5.A (a) Resolution No. 03-181- Request of Robert C. Schwebke- It was recommended that the Board accept the request of the petitioner;, agent, and withdraw this item from eonsiderution ut this time without prcjudice.This itcm would be reschcdulcd for Bmml revicw ut a future dute. pending resolution ofis~ucd cited. ... Mr. Bob Bangcrt, Conscrvution Alliance, ad:lressed the Board in opposition to this request in (o(al und asked that such requests tÌ(':, be considered. .. .. 5.A (b) Resolution No. 03-182- Request of Rohert C. Schwebke- It was recommended that the Board accept the request of the petitione¡" agent, and withdraw this item from consideration at this time without prejudice. This ,tern would be rescheduled for Board review at a future date, pending resolution of issued cited. .. It was moved by Com. Lewis, seconded by Com Hutchinson, to accept the withdraw1 without prejudice on items SA a and SA b; and, upon roll call motion carried unanimously. .. 4 @ t. ... .. S.B Resolution No. 03-239- Thoennissen-Conslder staffrecommendatiol1 to approve the resolution subject to 2 limiting conditions, granting the request for n COl1ditional Use Permit to operate a household goods warehòusing and storage mini·warehouse facility ill the CO zoning district. ... Mr. Steve Cassins, propel1y owner to the SO\':h requested the landscaping requirements bl.1 I.1nlarcl.1d lar this projl.1ct. '1'111.1 Board rl.1t ul.1stl.1d stalTvisillll1.1 :lrl.1a and relur,l to thl.1 Board with rl.1comml.1ndalions. ... 1.. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to continue this public hearing on November 18, 2003 at 9:00 a.m. or as soon thereafter as possible; and, upon roll call, motion carried unanimously. (2-194) L, 5.C (a) Consider the request of Cynthia & Alto LIe Adams III, for the revocation of a previously issued conditional use pennit authori~áng the operation of an air curtain incinerator on property located on the south side Ol'Orange Avenue, approximately 3,000 feet west of Sneed Road in the U Zoning District- Following the conclusion of the Public Hearing on this item the Board needed to make one of three findings: 1. 1) Find that the operators of this Conditional Use Pennit were not in violation of the issued conditions )f operations. La .. 2) Find that the operators of this Conditional Use Pennit are in violation of one or more of the issued conditions of operation for this facility and direct that appropriate corrective actions be taken. . .. 3) Find that the operators of this Conditional Use Permit are in violation of one or more of the issued conditions of operation for this facility and revoke the previously issued Conditional Use Pennit to Treasure Coast Land Clearing and Treasure Coast Ç1earing and Treasure Coast Tractor Service, authorizing the operation of an air curtain incinerator and the operation of a yard waste disposal it.dlity on this property. ... .. The Board was advised that the petitioner had requested withdrawing their request for a revocation of the conditional use pennit due to the fact all parties involved had come to an agreement. . It was Illovcd by COIll. I-Iutchinson, seconded b) Com. Coward to accept the request for withdrawl; and, upon roll call, Illation carricd unaninlOusly. I. .. 5.C (b) Consider the ['etition of Lawrcnce Vickers/Treasure Coast Tractor Services, (nc., far a Major Adjustmcnt to a previously approved Conditiomll Use Permit to allow the operation of a second air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U zoning district.- Staff recommends the Board deny the petition of Luwrence Bickers of the Treasure Coast Tractor Services Inc., for a Conditional Use Pennit to allow the operation of a second air curtain incinerator in the U zoning dIstrict for pl';;..~rty located south of Orange Avenue approximately 3,000 feet west of Sneed Road ¡ s being inconsistent with the standards of review set forth in section 11.07.03 of the 8t. Lucie County Land Development Code, and is in conflict with the Goals, Objectives lnd Policies of the 8t. Lucie County Comprehensive Plan. I.. t ... 'ii_ IIa Staff presented an alternative proposal requestin'~ approval of the temporary Conditional Use Permit for the second incinerator through Ja:1l1'lry 30, 2004 with the stipulation that the incinerator would be utilized only 3 days a weel. and not on the sume days as the first i nci m:ralor. .. 5 (jj) .. if ÌII I. Com. Coward stated he had not had time to reviev\' the new proposal by staff and could not vote in favor of this new proposal without reviewing it in its entirety. .. It was moved by Com. Hutchinson, seconded þy Com. Bruhn, to approve the temporary pemlit subject to the conditions with the modif.:cations as stated and the corrections as presented; upon roll call, the vote was as follows: Nay: Coward; Aye's: Bruhn, Hutchinson, Lewis, Bames, motion carried by )1 vote of 4 to 1. i .. 6. GRANTS (2-522) 1: i., Department of Environmental Protection, Division of Water Resources Management Water Project Funding Grant Applications- Consider staff recommendation to authorize the County Administrator to submit four grant applications for (1) construction of Ft. Pierce Blvd., Water Main, (2) Samson Bros. Subdivision Master Pump Station and Force Main, (3) North-Savannas/Indian River Lagoon l\ laster Pump Station and Force Main and (4) South 26th St., Wastewater project. .. It was movcd by Com. Lewis, secondcd ;':' Com. Coward to approve starr recommcndation; and upon roll call, motion car ricd unanimously. ... 7. ADMINISTRATION (2-658) I. North Fork St. Lucie River State Buffer Presef"e Advisory Group- Staff recommends that the Board appoint a member of the County Commission to the North Fork St. Lucie River State Buffer Preserve Advisory Group. ... It was the consensus of the Board to add this issue to the Re-organization . .. 8. UTILITIES ... Utility Service Agreement- Consider staff recommendation to approve the agreement with the City or Port Sl. Lucie Utilities l'or the ~""'linolc Tribe or Florida and authorize 111\.: County Administrator to execute the agrccll' ent. L. Mr. Bud Budreaux, FPUA Director, address.;d the Board and asked the Board not to approve the agreement. I-Ie advised the Bourd (,;1' meeting which had taken place between the FPUA and the city of Ft. Pierce where they al e putting together a proposal to sell bulk water to the county. .. Com. Bames stated he was going to vote against this issue he felt the Seminole Indians should have been able to decide what they wanted alld given the option. .. Com. Bruhn concurred with Com. Barnes; .. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, the vote wa:, as follows: Nay's: Barnes, Bruhn; Aye's: Hutchinson, Lewis. Cowurd; motion carrje~ by u vote of 3 to 2. 9. PURCHASING (2-1388) .. Landlill C &. D Processing Facility-n SL~~ Bid No. 03-053A- Consider starr recommendutioll to award the bid to Urbllll .!3,dlding Systems. 1111.:. [he lowest l lIaliJied bidder. .. It was moved by Com, Coward, seconded i. y Com. Lewis, to approve staff recommendation; and, upon roll call, motion canied unanimously. .. 6 Gj) ... .. , .. 10. COUNTY ATTORNEY .... General Master's Contract- Staff recommends a 9-month extension of the agreement with Albert B. Moore for General Master services at a monthly salary of $7,500 and that the County Attorney make the necessary changes to this agreement to be signed by the Board Chainl1an. ... This item was moved to the front of the agenda. ADDITIONS ... Minutes: ~ It was moved by Com. Hutchinson, seconded b>, Com. Coward to approve the minutes of the public hearing held October 28, 2003; and, upon roll call, motion calTied unanimously. RA-I L. North Dock- Dock Use Agreement with Duwn Suntal11t1riu unct .Iuy Stlntumuriu 1'01' Tallship Unicorn.- Consider staff recommendation to approve the proposed dock ugreement with Dawn Suntamaria and Jay Santamaria 1'01' the tallship Unicorn, subject to final review and approval by the Santamarias and the County Attorney and authorized the Chairman to execute the final agreement. &- .. !, j ì.. It was moved by Com. Hutchinson, secon :led by Com. Bruhn, to approve staff recommendation, and, upon roll call, motion carried unanimously. RA-Ib t. ... Resolution No. 03-279- Requesting support from individuals and groups for adequate law library runding; and providing mcans 1'0: implementation- Consider starr rccOIl1mcndulion Ihul thc 130llnl IIdopllhc uttached ilesollllion No. 0:1-27() Hi{ dmlìed and (¡¡reet the County Administrator to lol'ward a copy ot Resolution No. 03-279 as dralLcd. ~ .. It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 03- 279; and, upon roll call, motion carried unanimously. .. RA-2 Ft. Pierce Annexation K-251 and K-252- Consider staff recommendation to initiate the Dispute Resolution process between the City of Ft. Pierce and St. Lucie County in reference to cited annexations- Consirler staff recommendation to authorize the Chairman to 'sign a resolution initiating the Dispute Resolution Process in Regard to Annexation Ordinance No. K-251, and if the B9ard so desires, Annexation Ordinance K- 250 with the City of Ft. Pierce and furtherthal staff be authorized to appear at the City Commission meeting of November 17, 2003 t( express our concerns on this matter. 1;;-, ... .. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, the vote 'was as follows: Nay: Barnes, Coward; Aye's: Hutchinson, Lewis, Bruhn, motion carried L:' a vote of3 to 2. ¡, í. COI1l. Coward stated he is aware that we are trying to work oul a n.:sollllion wilh 1'1. Pierce and this area is one whieh has ¡dready been .lone in the rash ion they did not wan I to see it done and lhe primary issuc still needs to bl; mldressed and he is hOIH.:rullhey can sit down wilh Fl. Pierce and eOl1lc to an ugreement whcre lhey huve un unm.:xalion policy which l1lukcs sense. lie believes this urea hus ulrcudy l1loved in u (\Ishion wl1l!re the problem exists and he would rather stick to the bip,ger issues than be involved with the smaller ones and this is why he is not voting in favor. ~ ... 7 @ ... .. I. Com. Coward suggested sending a letter to the city of Port St. Lucie requesting a coordinated effort between the county and the city on annexation issues. The ßomd concurred and slal' 'will be draJling the lelter. i .. ... There being adjoumed. meeting was -.-- ---"~--....... ~ ... ... //' .... {/ ... STATE OF FLORIDA 81 LUCIE COU~JTY i~'S."O C[RTIFYH~ATiHIS !SA . 'b. COUlV)'ý O.UEANDCORREC1COPYOr-PIt: "'~0L" . ç> HIG ~ AL. . ... t)',}(.. ç-,.9~' (2- 6VJl1rJ M.~~c R. LE" (... ~~; . ,f. í' )'?~.' ~ í : ·z'''' \t,. \, <i:: ,,<"þ¡; ~. ~\"-"'" ,'::...:;rf;11 id7LY ç' ,~ (,\/\<,(.,-",,1' \"~>' ..:~i/! . '\ -;::(}/t- -.;.;..;.-......... ~_,...v...l· : Date -a) 0 \:t:",.:..r.oU¡¡·,,·}B , ~~~r ... ... .. i. .. .. lilt '- .. .. L 8 (5-.---- ,5-/J ~ .... í.. ... ßOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING .. Date: April 20,2004 Tape: 1-3 Convened: 6:00 p.m. Adjourned: 9:45 p.m. ... Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Cliff Barnes, Doug Coward (absent) ... Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Millie Delgado-Feliciano, Deputy Clerk .. 1. MINUTES (1-024) ... It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held April 13, 2004; and upon roll call, motion carried unanimously. .. 2. PROCLAMA TroNS/PRESENT A TrONS A. Resolution No. 04-120- Congratulating Nora Porter on winning the St. Lucie County Scripps Howard Spelling Bee at the Port St. Lucie Community Ccn[cr on Thursday, February] 2,2004 and wishing her succcss in the National Competition to be held in Washington D.C. in M¡¡y. 2()()4. ... i. II W¡¡S moved by Com. IllIlehinson, seconded by Com. ßallles, [0 approve Resolution No. 04-120; and, upon roll call, motion carried unanimously. ~ B. A presentation was made by Ken Gioeli, Natural Resources Agent UF/St. Lucie County Cooperative Extension Office, congratulating the winners of the Natural Resources Photo Contest. ... C. Maxine Green and her group, "Granny's Gang" made a brief presentation of their concerns. Ii .. Various members of Granny's Gang addressed the Board requesting they consider constructing sidewalks in the Angle Road area close to the schools. They also expressed their concerns with the crime ill the city of Ft. Pierce (Lincoln Park area) as well as requesting a four way stop sign in fTont of Westwood High School. '- The Board stated they would look into the matter. D. The County Administrator read upcoming events. f .. J. GENERAL PUI3L1C COMMENTS ¡: ... Mr. Pctcr Polizatlo, 6034 Inelrio Road, addressed the Board and read the attached letter. The County Attorney addressed the County's zoning laws. La. Mr. Phillip Stickles, Carlton Road resident, addressed the Board regarding their decision to postpone action on the mine issue until further infonnation could be obtained. He stated his opposition to any more mines being located in the area. .. -1- @ I.. ... ... 4. L. CONSENT AGENDA (1-874) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the Consent Agenda and; upon roll call, motion carried unanimously. ; .. 1. The Board approved Warrant List No. 31. COUNTY ATTORNEY ¡. 2. .. ... i. t.. L .. .. ! .. ¡ .. WARRANT LIST A. White City Drainage Project-Canal D- The Board approved the Contract lor Sale and Purchase with Ms. Hancock and Ms. Robinson, approved the resolution and authorized the Chainnan to execute Resolution No. 04-133 and instructed staff to record Resolution No. 04-133 in the Public Records of St. Lucie County, Florida. 13. Whilc City Drainage Project- Canal F- The Board approved thc Contract for Sale and Purchase with Mr. Arline, authorized the Chainnan to execute the agreement, directed staff to close the transaction and authorized the Chainnan to execute Resolution No. 04- 135, and instnICted staff to record Resolution 04-135 in the Public Records of St. Lucie County, Florida. c. Indrio North Savannas- First AmendllH.:nt to Work Authorization No. 12- 1~()tIllllary Stlrveys and Wetland Mapping- The Board approved the First Amendment to Work Authoriziltion No. 12, and authorized (he Chai rl11an to sign thc amendmcnt. D. Release of Lien for St. Lucie County Code Enforcement order to impose fine/lien in Case No. 99120064 dated June 7, 2000- The Board authorized the CIHlirman to sign the Release of Lien. E. Resolution No. 04-119- Commending Kevin M. Gillette of Troop 405 for achieving the Rank of Eagle Scout- The Board approved Resolution NO. 04-119 as drafted. F. Florida Yards & Neighborhoods Program- Interlocal Agreement with Martin County, City of Stuart and the University of Florida Institute of Food and Agriculture Services, Florida Cooperative Extension Service- The Board approved the proposed Interlocal Agreement with the Florida Yards and Neighborhoods Program, and authorized the Chaim1an to sign the Memorandum of Understanding, 3, GROWTH MANAGEMENT l Simplc Success M¡lrkuting Adverlising Invoices- The Board approved payment or the InVOices, .. 4. COMMUNITY SERVICES Resolution No. 04-132- The Board adopted Resolution No. 04-132- St. Lucie County Local Housing Assistance Plan for Fiscal Years 2004-2005, 2005-2006, 2006-2007, State Housing Initiative Partnership Program. .. 5. PUBLIC SAFETY L. ì ... -:~- @ ... 01/16/01 FZABWARR II. FUND '-- 001 001001 001131 001149 001157 001158 001163 001286 001288 001809 101 101002 101003 101006 102 102001 102107 105 107 107001 107002 , . ~003 ... ... ... ... II. 140001 160 183 183001 183002 183004 185003 :J.U~OO·l 310002 315 316 316001 316201 362 382 401 418 421 441 448 449 451 458 41';1 '- ~ .. ¡, ¡. II. ~ : 78 479 481 491 505 611 625 1 I ... l ... ¡. .. ST. LUCIE COUNTY - BOARD WARRANT LIST 1131- 1~-APR-2004 TO 16-APR-2004 FUND SUMMARY TITLE General Fund Recreation Special Events FTA Section 5303 Grant FY01 Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Net Loss Commercial Fishing Stories FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-F1oridian Aquifer Well 01/04 Transportation Trust Fund . Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfßiture Fund-800 Mhz Oper Port & Airport Fund . Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court PAPA SHIP FY02/03 l,'lJl"A SHIP FY03/01 Impact Fees-Parks County Building Fund County Capital Transportation Capital FDEP/FRDAP Savanna Rec Phase II Sports Complex Improv Fund Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Di~t-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 418,654.45 49.95 119.95 3,167.13 1,397.87 481.82 500.00 1,934.26 150.08 73.00 198,457.36 752.10 7,705.65 1,078.16 28,863.74 3,412.34 483.05 4,805.35 208,822.18 6,011.37 490.32 39,803.36 8,516.40 5.33 2,178.39 535.68 1,689.85 90.00 1,029.97 257.91 1/481.93 8,146.68 278/974.05 20,701. 72 220,574.48 2,027.29 500,000.00 8,599.27 360,850.33 19,082.06 5,029.03 27,711.62 50,292.35 1,057.45 25,922.64 138.62 51,334.03 15,228.83 6,584.33 1,234.22 1,523.74 24,732.68 324,319.44 13,783.86 1,189.00 2,942/036.67 @ PAGE 1 PAYROLL 804.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,721.14 0.00 0.00 5,525.14 .. .. Ccrli ficatc or Public Convcnicncc and Ncccssity- Pcrmission to advcrtisc ror Public Hcaring- The Board approvcd advertising for Public Hearing for the CON We Care, Inc. lor Class ß to bc held at <):00 a.m. on May 1],2004. .. 6. UTILITIES A. Utility Consulting Services- The Board approved for Anthony L. Elia to provide Utility Consulting Services in connection with the North County Utility District in the amount of $65,000. .. I. B. Payment Request for FPUA- The Board approved the second Payment Request for FPUA in the amount of $1 ,320,000 for the North County District's bulk interconnection and the interfund loan from the General Fund Reserves to be repaid with interest at 2%. .. 5. REGULAR AGENDA (1-114) COUNTY ^TTORNEY L. ~, L. La A. Draft Ordinance No. 04-007- Amending the S1. Lucie County Land Development Code by amending Section 11.13.01 to Provide for Clarification of Board Enforcement Responsibilities; deleting Section 11,13.03 Enforcement Procedures; and amcnding Scetion 11.13.04 other pcnalties and remcdies to clarify the initiation of other enforcement proceedings- Consider staff recommendation to approve Ordinance No. 04-007 as drafted and authorize the Chairman to sign. Tt was 1110ved by Com. Hutchinson, seconded by C0111. Bruhn, to approve Ordinance No. 0·1-007; ;lIld, lI loll roll c;lIl, IIlolioll çarriçd IIIHlI1iIlIOIISly. .. .. f ill. B. Ura/ì ()rdinallc(,) No. 04-016 Crcating SL:ctioll 7.10.24 Land Devclopmcnt Codc to Establish a Hcight Limitation for Outside Storage 0 f Intcrmodal Containers- Consider staff recommendation to determine whether a height limitation for the outside storage of Intermodal containers is appropriate and to adopt Ordinance No. 04- 016 as drafted. Staff changed their recommendation to continue this hearing for two weeks in order to answer concerns expressed from a previous meeting. Mr. Lloyd Bell, Port property ownen, addressed the Board and stated this ordinance is very broad, it does not appear to be well thought out and affects everyone in the county. He asked if these are intermodel containers, what about the aircraft containers. Does this only apply to ship containers or all intermodel transportation and what do you do about the railroad. .. i. He stated he would consider any action an act of bad faith at a time when they fully expect to bring some resolution to the desires for the utilization of the port and the mega yachts. It was his understanding that he would cooperate with the county as long as the county cooperated in good faith and he would consider this a breech of good faith. .. Com. Barnes stated this docs not apply to the Port because it is within the city limits. Ii. Il was moved by COI11. Bamcs, seconded by COI11. Bruhn, to continue this itel11 for two weeks, May 3, 2004; and, upon roll call, motion carried unanimously. k. ! .. ~ c. GROWTH MANAGEMENT- Draft Resolution No. 04-080- Request of Robert Rigel for a Conditional Use Permit and Major Site Plan approval to allow for the construction of 49,820 sq. ft. mini- warehouse/self-storage facility, and 3,750 sq. ft., of general office. space to be known as Hutchinson Island Storage and Office Complex- -:J- (jj) .. ... Consider staff recommendation to approve Resolution No. 04-080 as drafted. Mr. Roger Bayber, CSM Engineers, representing the petitioner, was available for questions. -. Mr. Charles Grande, Presidents Council, Hutchinson Island, addressed the Board in favor of the project. ... It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve Resolution No. 04-080; and, upon roll call, motion carried unanimously. ... D. Draft Resolution No. 04-077- Consider staff recommendation to approve Resolution No. 04-077 approving the Petition of Travis E. Murphy, Jr., as amended for a change in zoning from CN to CO. ¡. Mr. Iloward Sercy, business partner, addressed the Board regarding his petition. ... Ms. Christa Storey, area resident, addressed the Board and stated staff has addressed her concerns. Wanted to confinn exhibit A map will be corrected. Staff advised her that the map would be corrected. ~ [t was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Draft Resolution No. 04-077; and, upon roll call. motion carried unanimously. ¡.. E. Draft Resolution No. 04-076- Consider staff recommendation to approve I{esolutioll No. 04-07Ü tll\) request ol'Cheryl and Mark Urillin 1'01' a Conditional Use Permit to allow landscaping and horticultural serviccs in thc ^R-I zoning district ror properly located nt 9290 Orange A venue. .. .. Ms. Cheryl Gri fIln stnted she had received 2 waivers from two surrounding residents and nlso advised the ßonrd that one resident decided to remain neutral. She does not wish to build a wall barrier. ¡ Ii.. It was moved by Com. Barnes, seconded by Com. Bruhn, to continue this hearing on May 3, 2004 7:00 p.m. or as soon thereafter as possible; and, upon roll call, motion carried unanimously. ~ F. Draft Resolution No. 04-082- Consider granting Final Plam1ed Unit Development approval for the project to be known as Palm Breezes Club, Planned Unit Development and a change in zoning from the PUD zoning for property located 011 the north side of Orange A venue. I. The Planning Manager advised the Board on condition # 4, they would like to add language that would require a transit stop be included. ¥ .. Mr. Butch Terpening, Culpepper and Terpening, addressed the Board and stated they have reviewed the conditions with staff and theyconcul' and also concur with [he mldition of the transit stop. ¡ Ii.. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 04- 082 subject to the 5 conditions and the addition of language; and, upon roll call, motion carried unanimously. .. G. Draft Resolution No. 04-079- Consider staffrecol11mendation to approve Resolution No. 04-079 granting the petition of Patricia Griffin Lowe l'or a Conditional Use. permit to allow the operation of a riding i.. .. '·[1_ ® .. lit school as an accessory use to a residential unit on property located at 7001 Gullotti Place in the AR-l zoning district. Ms. Patricia Griffin Lowe, petitioner, addressed the Board this issue. .. Mr. Jeffrey Shoenfield, property owner within 100 feet of said parcel, expressed his concerns if there would be a commercial stable, what is the limit of horses, how big a barn etc. His concern was if this would lower the value of his property. Ii. The Planning Manager, stated there were no limitations on the animals, however, a barn is not permitted. ¡.. Ms. Lowe addressed Mr. Shoenfield's questions. She stated she would not have more than her two existing animals and will not be constructing a bam and will not be boarding anilllals. .. Mr. ShOl.:nJidd wilhdrew his objection. Unidentified gentleman, addressed the dirt road and who will be maintaining the road if it is used for commercial purposes. II. Ms. Lowe addressed the egress and ingress issue. ... It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unaniillously. (1-2')55) ... II. Consider the application of Home Dynamics Corporation requesting a change in ruture Land UseClassification from COM to RU [0 RI-I for 34.5 acrcs located on the sQuthwest corner ofEùwards Road and South 25th S1. f .. ... The Planning Mnnager ndvised the Board of the concern regarding density expressed by the P & Z Bom'd. The applicant came back with a proposnllimiting the density nnd staff provided a simpler solution. , ... Mr. Mark Mathis, representing the applicant, addressed the Board on this issue. Their gonl is to develop 360 units. Mr. John Ferrick, area resident, addressed the Board with his concern of placing a residential high in this area. He does not have a problem with residential urban. t Ii. Mr. Charles Grande, Hutchinson Island, stated this plan canle before the P & Z Board and denial to transmit was recommended. He stated if the Board was not going to follow the recommendation of the P & Z Board that the very least, he suggested with the new plan or thc modifications, thc applicant should be sent back to the P & Z and get a ncw l'I:cmnmcndnlion from 111:11 nonrd. L. ill Ms. Pamela ¡Iamlller. P & Z Goard melllbel', addrcssed the Goard and stated a member of the School Board stated in the proposal that children would be able to walk to school, however, one of the schools would not be in their zone and requested this be taken out from tbe proposal. The 15 units per acre constitutes 3 times the number of kids in our schools. She asked the Board to turn this down and send it back to the drawing board. L. Ms. Kim Hopkins Willis, resident of Edwards Road, addressed the Board and requested they not change her community. ... Mr. Jonatlwn rergllson. :lttorney for petitioner. addressed the BOrlrd rind st:lted :1I1d illlrodllc<.:d inlo [II<.: r<.:<.:ord six ktt<.:rs that wcre maileù to lhe surrounding propcrty owners. He advised the Board that they did not receive comlllcnts or calls from those residents. i. ¡: , .. -5-- @ .. Mr. Ferguson stated the applicant is trying to provide mixed housing needs for the area. ... Mr. Ferguson stated they did not disagree with the Planning Manager's characterization that the 3 land use categorics is overly complicated and would like to drop back down to an earlier request that the 300 feet on the east of the property as it boarders 25lh St., be designated RH and the remainder of the property be designated RM. This would be 8 and:Y4 acres RH and remainder 26 + acres RM. This would be a maximum of370 units, however, he does not believe they would complete 370 units. .. ... Ms. Rona Perry, White City, stated her opposition to the developing of this many units in one area. She would prefer ranchettes and would like for them to look at other means of development. ... Com. Barnes stated he fell this nceded more work and would like some guarantces. Hc would like to see the developer approach the School Board and see if they could use more property and also would like to see if there are plans to restore the flood planes. He would like to see more though going into this development. He does understand that with it now being commercial, they could wind up with a huge shopping center with much 1110re traflic and he would rather sec rcsidcntial developmcnt. ... Ii- .. Mr. Alejandro DelFino, representing the developer addressed Com. Barnes questions on the quality of the homes and stated the pricing of the homes would depend on the market. There will not be any rentals, these homes are to be purchased. ... Com. Hutchinson stated she met with the representative a couple of weeks ago. Her one concern is everything else being considered in that area is ofless density and this would clwngt.: tlw Ilavor oftlw nt.:ighhorhood also tht.: ¡llct there art.: no rt.:d lighls other lhan Sunrise and Oleander. She would have a be[[er comfort level ifshe knew what lhey were going to conlribute. .. .. COI11. 13:ll'Iles asked ifslalTlwd reviewed any ofthe previous communilies buill by lhis developer. Staff stated they had not. i.. Mr. Ferguson stated the developer had a website the Board and staff could review. i';~ ill. It was moved by Com. Barnes to transmit the requested 300 ft. RH and balance of26+ acres RM; but, also along with the transmittal that staff research what this developer has done in other communities and if it not to their liking they would reserve the right to review it again and deny it; seconded by Com. Hutchinson, and; upon roll call, motion carried unanimously. ~ ... (2-1119) 1. (a) Consider approving the petition of Reserve Homes Ltd., through Resolution 04-081 amending the existing Development Order for the Reserve a Development of Regional Impact and; .. Ir. Tilt.: COllll11unity Dt.:vclopment Director rcviewed the changes and amendmcn(s to the projcct ¡¡nd also their discussions with the city ofrort Sl. Lucie regarding (he "Fields of' Dreams" project. ~ A review of the request of the connecting access in the Saddlebrook Drive area was discussed and it was concluded that this access would not be paved or opened to general traffic, but would utilized for emergency access only. ... The second access connection, Parcel 34 (the Lakes at PGA Village) was discussed and it was the consensus that this connection would be used for an interim period of two years, acceptable for the limited use of a connection from Parcel 34 into the city of Port St. Lucie. Thc devclopcr will be constructing Commcrcc Ccntcr Drivc from thc Golf Learning Center clown to and across the C-24 canal connecting to Village Parkway (aka COl11lllercc Cenler Drive) as il comes up from the Tradition Dcvclopmcnt. ~ -6- ~ (0/ ÍIIIII .. Ii. The plans are, that roadway will be built within the next two years which will then allow for the constnlction of a new entrance point into the PGA Village development in the city allowing for the closure of connecting point of Parcel 34 and the City of Port St. Lucie. The internal bridge will be opened to vehicular traffic. Ii. The Community Development Director read the change in language amending the Final Development Order for Parèel 34. ... (b) Consider approving Resolution No. 04-083 amending the Final Development order for Parcel 34 (The Lakes @ PGA Village) and; .. (c) Considcr approving Road Impact Fcc Crcdit Agrccmcnt 04- 002 between St. Lucie County and the Reserve Homes Ltd., In consideration for the expansion of the interstate Ii-95 and St. Lucie West/Reserve Blvd., interchange and the associated improvements to St. Lucie West/Reserve Blvd., between Rcserve Commerce Center Drive and Peacock Blvd. ... .. Com. Hutchinson requested in item (a) the habitat mitigation/preservation issue be clarified. L. The Community Development Director stated, by agreeing to this, it does not go anywhere near approving anything in regards to the Fields of Dreams at this time and also, our cnvironl1lental stalThas gonc through the site with the Rcservc cnvironl1lental stalTand they ai"\.: satislkd wilh the level of protection. ¡ L. Mr. .Iohn Sapo, Collier Company, concurred with the Community Dcvclopmcnt Director's comments. They have addressed the issues of concern, i.e. the two vehicular connections between the Reserve DRI and thePGA DRI. They have also withdrawn their request for parcel 38, which was to be 6 lots in the back section ofthe Reserve and havc ngrced not to go forwnrd with thnt in the future. t .. L The Community Development Director stated that within Resolution 04-081, there will have to be some additional clean up for some of the paragraph numberings. The final will be adjusted slightly for the correct numbering of those paragraphs. ~ ~; .. Mr. Nonnan Oak, Kings Mill section of the PGA Village, thanked the Board for their efforts in what has been established today. He is pleased with the 2 year agreement and he asked that it be noted in the resolution that Coltier will utilize a contractor's entrance and only use the connector road when necessary. He has also requested a 4-way stop sign bc placed within Champion's Way and Commerce Roads. f .. Mr. Sapo stated the 4-way stop is something they would be willing to do if the County would approve it. L The Community Development Director staled there was a 4 way stop sign sometime ago. II W;IS n':l11oVed hecause ('onll11ercc (\:nler Drive is an arterial roadway and they cannot permit slop signs along an al"lerial roadway. He does not believe this could happen. \, f .. L. Mr. Jim Lamar, Property Owners of the Reserve, stated they are withdrawing their objection to the connector road and parcel 38 as they have come to an agreement as previously stated. ... Mr. Bill Kannel, Reserve Homeowners Association, expressed his concerns with the following: he requested seeing the exact location of the recreation area and the Fire Department land. In the resolution where it mentions the 81 acres for the Field of Dreams Park, he requestcd the 81 acres be deeded to the county and not to the city. .. Mr. I(;¡nncl stated they were pleased with thc 2 yc;¡r agrccmcnt nnd asked for gU¡lnll1tecs 1'1'0111 (he developer that they will route construction traflic around the neighborhood La -7- @j) ... .. whenever possible. Also, in the staff memo it stated that Village Parkway will not be completed for at least 2 years. He asked it be started as soon as possible and begin the entrance into the north parcel without waiting until 2006. They would also like a guarantee that construction traffic will be blocked from access in the old original Kings Mill neighborhood. Also a legal interpretation of paragraph B in the Champion's Way resolution and tighten this paragraph. ... ... He asked that since Parcel 38 and Saddlebrook are not on the agenda tonight and asked the Board to seal this agreement on parcel 38 by putting it into a recordable instrument for everyone's protection. He asked the minutes include the agreement between the Reserve and Coltier and perhaps the language on page 3 ofthe staff memo could be adopted as part of resolution 04-081 (see Resolution 04-081 amended findings of fact attached as Exhibit A). .. Mr. Kevin Maculiff, area resident, concurred with the comments concerning the 4 way stop requested. .. Ms. Pamela Hammer, resident of the Reserve, addressed the Board that thanked them for their efforts on the roads and the solutions brought forth. '- Ms. I-Iammer stated, that during the negotiations, the developer stated construction traffic would go around on Village Parkway as long as possible then they would have to stop to do some ofthe paving and this is understood. Also, in staffs memo it stated they would open the road once it was all done down and across the bridge. This is not correct, they were to open the Village Parkway as fast as they could get it designed and built and have the entrance into the new PGA Village South! North Parcel from Village Parkway hopefully less than two years. The construction traffic has to be prohibited from going into the "Spy Glass" neighborhood. ... ... .. Dreams Park is something they know is coming, and there are conditions they can live with, however, there is one they cannot. When it comes time to take that land, they insist it must come to the County Commission, they cannot afford to have this land go to the city due to their past problems. They arc also asking the 8 acres of recreation be illustrated on a map. '- Ms. Hammer in closing commended the developer. L The County Attorney addressed the questions directed and stated that regarding parcel 38 there be language placed stating that there was an application which has been withdrawn und there was a representution that it would not be re-filed. Also, on the contractor's entrance, it would seem appropriate to memorialize what the developer has agreed to in some fashion. ¡. ¡ The County Attorney suggested directing staff to place the appropriate language restricting construction traffic as indicated and incorporated in the resolution along with language concerning parcel 38 and also incorporate the suggested amendment to resolution 04-83. Ii. '- .. Tile Coml11unity Ikvelupl11enl Director slated there me sOl11e corrections inlhe packet givelllu the ncc. Tile east and weslnotatiolls were mixed lip and pm'l ol\:.\hihit 13, should be vice versa, tllis will be corrected. Also it needs to be noted that there tire certain improvemcnts that are required by the city of Port St. Lucie which are beyond the impact scope of the Reserve and Reserve will eligible for up to 100% credit of these improvements. ~ .. The Chairperson stated she would prefer the backup be changed to numbers as opposed to letters. .. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve items 51 a,b,c to include the changes and amendments; and, upon roll call, motion carried unanimously. r .. La 8 @ lit April 20, 04 MI'. Chnil"lnan, Mcmbcrs of thc Commission, and to whomcvcl' it may conccrn: My name is Pctcr Polizatto, I have livcd in this gcncral arca sincc 1958 and presently live at 6034 Indrio Rd. Unit L-4" Indian Pines Village, 1\ condominium. A non pl'om cOI'pol·ation. I have a problem understanding the zoning laws of the co'unty of St. Lucic. I do not understand when an area is zoned residential, that the county still allows a business to operate in an area zoned residential. A business such as a real estate office is allowed to function in spite of the I'ules and regulations of the condominium, which by-the-way are I'ccorded with the STATE OF FLORIDA. To me this is a conflict of law. YOUI' zoning laws and I'cgulations al'c in conflict with our condominiunlaws and I'egulations WHICH APPLIES? OUI' Condominium rcgulations statc (1) That all unit owcrns agrcc to abide by thc J'ules of the Association. (2) No unit shall be used 1'01' any plll'pose othcr than J'csidcntil\l. (3) All valid laws, zoning ordinl\nces, and regulntions of governmcnt bodies, having jurisdiction shall bc obscrvcd. All of thc4 nbovc regulations III'C bcing violllted, mostly bccausc of thc gl'anting of homc usuagc undcI' thc county zoning 'cgulations. Gl"llntcd that the county requÍl'cs a business such as 'cnl cstate to opcl'atc providing thllt thcy do not cl'catc traffic. But the zoning cnfol'ccmcnt dcpartment cannot alTol'd to placc an inspcctol' at onc of thcsc offcnders placcs of busincss, to scc whcther they arc causing trartic. If you canot enforce the regulations what good ¡U-C thcy? I do not wish to tal<e up much morc of thè commissions timc, but do wish to ask the commission to tcll me which rules and regulations are the RIGHT ones. OURS? which are regisitel'ed with thc statc , or the Counties Zoning I'egulations, which conflicts with the community of Indian Pines ViIIl\gc. Thl\nl< you fOI'listening and hope thc commission 'cctifys this conflict of law soon. Thannl< you IIgain. III .. ... II. II. t II. .. i.. ... f ... Ie II. I ì. .. .. ~ .. II. .. ør/~¿ @ ... II. f¡ .. Ìì. ~ ÍIIIII ÌIIIt .. f, .. II. L ¡ ... .. F .. t III L .. ... ij ... , . , I .~·I'-' I J. ..'W"; ,I HUfrlAS LUCIDO ASmC PAGE 1'16 A;X ,-..~.~~ V¥ ,¥ ~ ' V¥-y . V Thomas Lucido & Associates, P.A. Land Planning/Landscape Architec,ure Mr. 'And Mrs. Wis~ 2981 Edwards Road Fort Pierce, fL 34981 Re: Developmcot of Property at tbe comer of 25110 Street and Edwards Road Our Ref No.: B801 ' Dear Mr. And Mrs, Robert Wise; , The PI;1rpose of this letter is to provide 'you with a brief introduction ånd information concerning the proposed Land Use chànge of the property located at te southwest comer of2Sth Street and Edwards Ro~d. . '. OW client, H~me Dynamic Corporation, ha8~ub!11itted an application with the County to change the. land use on the property fi'omcommercial to residential. . ' Home Dynamics Corporation is a home builder with a tradition of building beautiful, private and intimate communities that makè families feel completely at home and encourage neighbors to become fTiends. Continuing with this tradition, the proposed residential community will be a privlJte, deed restricted community consisting of attractively dcsignod, for sale, singJe famiJy homes and townhouses. Should you have any questions please do not hesitate to contact us at 467-1301. " . ,Sincerely. Thomas Úlcido aHd As,OCÚJJa ~~~ Sabine Marcks, RLA, Project Manager Cc: Alejandro Delfino, Home Dynamics P:\Proj..'Ùl1BB01Iwd""IB801Illlter wml_$.doc . " " 701 E, Ocean Blvd. SmUt, I'lorld. 34994 772 I 220.2100 F.>: 772 I 223·0220 " ~27 Nonh Thornton Avenue' Ori..,do, Florida 32603 407 / 898·9521 . Fax 407 / 898-9768 " 100 Avenue A. Suite 2A Fon Plefce,' Florida 34950 . 772 I 467.1301 I'~ 771./ 467- ~03 @ ,1 1,1/./U/.JoIUd II." ',~~~ //:l'I!.,/ Lltlèl .' pMl~S LUCllJLI IISC;UC GE ~IS .. ;~ ,~~'<v V~ V , Tho mas Lucido & Associatcs, P.A. Laad Planning/Landscape .hrchilcctuCC lit .. .. Mr. and Mrs. Williams, 2981 Edwards Road Fort Pierce, FL 34981 II. Re:' Development of Property at the corner of 2SØl Street and Edwards Road Our Ref No.: B801 ' ÍIIII Dear Mr. and Mrs. LeéWiIliams: ... The purpose of this letter is to provide yoù with a brief introduction and infonnition concern,ingtbe proposed'Land Use change oftbo property located at to southwest comer of2511\ Street Bnd Edwards Road. .. Our client, Home Dynamic Corporation, has submitted an application with the County to change tbe land use on the property !Tom commercial to residential. . Home Dynamics Corporation is a home- builder with a tradition ofbui!ding beautiful, private and intimate communities that make families feel completely at home arid encourage neighb,ors to become mends, . ... .. Continuing with this tradition, the proposed residential community will be a private, deed restricted community consisting of attractively designed, for sale, single family homes and townhouses. Should you have any questions please .do not hesitate to co~tact us 'at 467-1301. í .. Sincerely. Thomas Lucido and Associaia ". , ... ~~,~ Sabine Marcks, &LA, Pro.je~ Manager ... Cc: Alejandro. Delfino., Home Dynamics ì .. P:lPrOjecIlIB8QllwdocIB8011_ WiJIj&IN.doc 'I' . 701 E. Ocean J!lvu, StUll!. Plorida 34994 7n 1 220·2100 ¡tax 772/ 22.).0220 IV . ' 827 North Thorn,C/n Avenue O/tUlllo, Plocld. 32803 ~07 1 898·9821 I'ax 407 1 A98·9768 'I .. 100 Avenue ^. Suite 2^ Fon Pierce. Florid. 34950 772 I ~6 7.1301 FIX 7721 4ft7·U03 ~ (p- i.. ... I.. (GiJ .. . .¡:~·I/ ¿U/IJ'p1d "-. ¿¿ 11:¿<lb ILJllJ lHCJMAS LUCIDO ASSiJC 'AGE Ø4 .. ~~ V~ \.~ ~ V~" V Tbornae Lucido & Associates, P.A. Land Planning/Land.ç.pe Architecture. ... ... ¡.. Mrs. Wild 2981 Edwards Road' Fort Pierce. FL34981 Re: Development of Property at the comer of 2S" Street and Edward. Road, Our Ref No.: 8801 . .. ... Dear Mrs. Selma Wild: Ii. . The purpose of this letter is to provide you with a brief introduction and . information çonceming the proposed Land Use change pfthe'property located at te" southwest comer. of 2Slb Street and Edwards Road. ' . , .. Our client, Hqme DynahÙc Corporation,- has 8ub~tted an application with the County to change the land use on the property from commercial to residential. .. Home Dynamics Corporation is a home builder with a tradition of building beautiful, þrivate and intimate com.munities that make families feel completely at home and encouruge neighbors to become friends. .. Continuing with this traditìon, th.e proposed rèsidential community will be a private, deed restricted community consisting of attractively del igned, for sale, single family homes . ,. and townhouses. ' . '. ' Should you have'any. questions plea,se do not hesitate to contact us at 467-1301. ª ... Sincerely, T."omaS Lucido a~d A~iates .~~ ~Ö-0' . ~ine Marcks, RLA, Project Manager '. I III lilt Cc: Alej!lndrt? De1fi~o, Home Dynamics .. P:\J'Ioojecta\B80I\wdoc\I3801Icllcr WiIIi..m..doa " '. 701 I!, Ocean Blvd; SIU.,ft, Flodd. ~"994 772 I 220·2100 Pax 772 I 22~·01.20 " 827 North Thornton Avcn,uc Orlllldo. Blorld. 32803 ' "07 189809521 I'Q 407 I 898-9708 " 100 ^...nue A. Sui.. ').^ Fon Pierce, Florid. .~4950 772 I 467·1.)0\ PAX 7721 467·1303 í t. t: ~ ... .. @ ... .. ~~, V\tl""'~ V '\tI'V V Thomas Lucido & AssociatCB, P.A. Land Planning/Làndscapc ^rclutcclurc .. .. ¡. Mr. and Mrs. Thomas ' 2981 Edwards Roåd Fort Pierce, FL 34981 , k ... Re: Development of·property'at tbe comer or 2SÜI Street and Edwards Road Our RerNo.: B801 . II. Dear Mr, and Mrs. Jeffrey Thomas: The purpose ~fthjs letter is to provide you with a brief introduction and information concerning the proposed Land Use change of the property located at te southwest corner of2Síll Street and Edwards Road. ¡. ... Our client, Home'Dynamic Corporation, has submitted an application with the County to change the la.nd use on,the property fÌ'om cqmmercial to residential. t .. Home Dynamics C~rpqration is a home builder with a tradition of building beautiful, privllte nod intimllte communi tics that make fi.milics focI completely at home IInd encourage ntlighhors 10 become friends, Continuing with this tradition, the proposed' residential community wiJI be a private, deed , restricted community consisting of attractively designed, for sale, single family homes and townhouses. . '- Should you have any questions please do not hesitate to contact us at 467-1301. .. Sincerely, ' Thomos Lucido and Associatl!s t II. ~ fu1ta ~abinc Marcks, RLA, Project Manager .. Cc: Alejandro Delfino, Home Dynamics Ir. P:IProJeCllla80 l\wdoc\Ð80 11c1\er WlJliamo.doc 'I 701 E. OC.ln IIlvd. Stu.n, "!inlda 34994 772 1 22Q.·2100 Pox 772 1 223.0220 'I 827 NOllh Thurnton A.enu. Orlando, Plntlda 32803 .07/ 898·9:121 Pn 407 1 898·9768 V 100 Avonllo A, 5,,11. 2A Port Pltrce. Florid. 34950 772/0467.1301 1'1. 772 1 4ð7·U03 .. Ir. ~ ¡ '- ({i) .. ( (.,'II.I(,L..il'.!..! !IIUI'II'IS LIJCWu fIS::;Uc.: 'AGE 112 ... ... ~~ VV,-V~ V ~"V' V Thomas Lucido & Aasoelate., P.A, Land Plal n¡ng/L~ndJc·.pc Architec~urc ... .. Mr..l\ßd MrS. Hamm 2981 Edwards Road Fort Pierce, FL 34981 ... Re: III' Development Qf Property at tbe comer of 25 Street and Edwards Road Our Ref No.: B801 . . . , .. . Dear Mr. and Mrs. Ronnie HiIßlni: L . The Pl;lrposc of this l~ter is to provide you with a brief introduction arid information concerning the propo9Cd Land Use çhange of the property located at te southwest comer of 2SÜI 'Street and Edwards Road. . ... Our client, Home Dynamic Corporation, has submitted an application with tbe County to change the land use on the Pl'Qperty from commercial to residential. Ii. Homo Dynnrnic~ COIplJlAlinn is a home buildor with II traditiQn of building bOllutifiJI, private and intimate communitiesthut make families feel completely ut home II.\1d encourage ocighbors to become friends. ÍIt Continuing with this. tradition, the proposed residential community will be a private, deed restricted community consisting of attractively designed, for sale, single family homes and townhouses. Should you have any questions please do· not hesitate to contact u~ at 467-1301. .. Sincerely, . TholtUl$ Lucido and Associates ~~~ Sabine Marcks, RLA, Project Manager' " t. ... .. Cc: Alejandro Delfino, Home Dynamics. .. P:\ProjeCl'\D801 IwdOÇ\BSO Iløncr wutiam..doe ~ 701 B. Ocean Blvd. Stu.rt, Flol1d. ~4994 772 1220-1100 Pax 772 I 223-0220 \I ij21 Nann 'I'1Iornron Avenue Orlando. Plorld. 32803 ~07 I 698·9521 flax 407 I 898.9768 \I 100 AVQnuc A. SultQ :u. PorI PlUtO, !'Iorld. :\4?50 772 I 467.1301 Pax 772/467·1303 ... .. ... í ~ @ ... 1/IUI'ln:';, LU<.;llJU {.\~SU(; AGE 1:11 .. .. ,*~ V¥ ,-¥" , V¥'V' V Thpmas Lucido & .Associates, P.A. Land P &nn¡ng{L&ndsap~ ^rchhe~lurc ... " ... Mr, And Mrs, Blackburn 298] Edwards Road Fort Pierce, FL 34981 .. Re: Development or Property at th~ c:omer of 15?' Street and' Edward. Road Our Ref No.: B801 ~ D~ar Mr, And Mrs, F~ankJjn BJackbu~n: The púrpose ofthiß letter is to provide you with a briefintroduction and information concerning the proposed Land. Use change of the property located I!X te southwest comer of25111 Street and Edwards Rolic!. , Our client, Homè Dynamic Corporation, has submitted an application with the, County to changé the land use õn t~e property nom commerdal tofesidentiat. L. .. L. Home Dynamics Corporation is a home builder with a tradition of building beautiful, private and intimate communities that make families feel completely at home and encourage neiehbo/'S 10 become friends, Continùing with this tradition, the proposed residential commùnity will be a private, deed restricted community consisting ()f attractively designed, for sale, single family homes' and townhouses., ' , ShOl;1ld you have any questions ple~se do ~ot h~sitate t~ contact \15 at 467-001. ... .. Sincerely, Thomas Lucido alld Associatø, ' ~'~Lin , , .. Sabine, Marcks, RLA, Project Manager ... Cc: Alejandro Delfino, Home Dynamics .. P:Il'1ojeCf.\B80tlwdocIB80 I letter Willíanu,doc V 701 E, OeCln Blvd:' ~tuÙt, P1orldl! ')~'9!H 772 I 220.2100 !'IX 772 I 223-0220 v , 827 Nocch Thornlon Avenue Oel.ndo, Plnr d"32~OJ 407 { 898.9'21 ' 'Pn ~07 I 898.9768 " V 100 ,^venue 1\.. Sulle 21\. Port Pierce, 'Plorid. .~49.50 772 I 467.1301 ~'I.X 772 I 467·1303 ~ .. .. ... ... .. (;7 ... 6. CENTRAL SERVICES (3-138) .. Consider staff recommendation to approve the Selection Committee's recommendation to move forward with the design/build expansion of the St. Lucie County Correctional Facility by Centex-Rooney/Schenkel Shultz at a cost of $ 18,995,000. .. Staff recommended tabling this item until April 27, 2004 until more information is obtained. .. It was the consensus of the Board to re-agenda this item for April 27, 2004. 7. GROWTH MANAGEMENT (3-831) ... .... Consider staff recommendation that the Board of County Commissioners authorize a formal public hearing to consider the revocation of a previously issued Conditional Use Pennit authorizing the operation of an air curtain incinerating on property located on the south side of Orange Avenue. La It was moved by Com. Bames, seconded byCom. Bruhn, to authorize a public hearing be scheduled with a date to be advised; and, upon roll call, motion carried unanimously. .. There being no further business to be brought before the Board, the meeting was adjourned. { '- '$jAlEOF fLORiD.A ~jr ,.,I)¡Ç!f ,cçm¡f;j!TV . 'H!i:I§ rfì C¡:H¡WYlfIAT THIS is fj. 'C::~I, T~II£ /. [·H· F'I'''~''J'T r,,\,,-,' . ¡tHO )"..\ " ''\\'''It'. "'11 ø :VF¡.)n"~,t.f" ~ ~'.Jt;'! " ~,; - I . ~:'~~.\ ©f! ßJNf·.;" '~');I t7.n"Jj"'''· "f')'f~'';'¡ "'"7': ~ \'c":' ,"'a &bI~,.tY fT1J'Jjf)\r;" 1'\ ....l/>1 ~ --\ \,'. \,,:.'~"."/ fiJy " "~- '\;' c ,:.!""c,/ Ç>t1putY/9J"'¡V '.........:' l'c!."'i'''.~:'''9 <:x@ 1"/ ¡} ) .~~ Date , . ~ ÍIIr lilt l A. I.. ... ... .. t.. þ; ... ~ ... 9 @ t.} - ~~. . J: .r;. C·· .t f- :-,~-." }1 .. .. St Lucie County Certificate of Capacity Exemption i I , I Date 7moo Certificate No. 597 .. . I This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted In the St Lucie County Comprehensive Plan for: ... 1. Type of development - AIR CURTAIN INCINATOR FOR LAND CLEARING DEBRIS ) .. Number of units 1 Number of square feet 0 2. Property legal description & Tax 10 no. L. 2209-311-000 1-000/9 (pART OF) ORANGE AVE 1800 FT WEST OF SNEED RD( SO TRS CST LAND CLEARINGffRACTOR SER N/A r . ... . 3. Approval: Building N/A Resolution No. 00-022 Letter 4. As part of the development: 11.. I I ¡ ~ I ¡'If I _._ : iI¡í . 5. On property owned by DUNN BROTIIER INC 1.11, . PO BOX 204 /¡II Ff PIERCE FL 34954 , ¡ ,. hereby g"",'ed a Certtficate of Cepaclty Exemption accord'ng to Chapter 5.02.0. EO Fo GO HO 10 JO ofthe 5t L.ucie County L.and Development Code. ... AD 80 CO DO ~." , J ~ 1 ~ ] ~I ~! 6. Certificate Expiration Date 6/6/01 This Certificate of Capacity is transf~rabl~ only to subsequent owners of the same_ __ . parcel, and is subj~ct to the same terms, conditions and expiration dateli$ted herein. The expiration datê can be extended only under the same terms and conditions as the underlying· cleve10pment ordérissued with this certificate, or for ~ubsequent : developmentorder,(s) issued for the same property, use and size as described herein. - - ~- - -- Signed St. Lucie. Co.unty, ~þla.. a . (J J !tAA·.~~~ corLnity Development Director Date: 7nlOO (tj) '- COMMUNITY DEVELOPMENT DEPAÀTMENT Planning Division j I .. MEMORANDUM - TO: FROM: Dennis J. Murphy, Community Development Director Cyndi Snay, Planner III G , ilia DATE: April 30, 2002 ¡¡ .. SUBJECT: Treasure Coast Land Clearing Conditional Use Permit m .. As I understand there are a number of issues regarding the operation of the Treasure Coast Land Clearing Air Curtain Incinerator. They are: ... .:. Approved hours of operation 7 am - 5 pm, Monday through Friday. (Conditioo Na..3) '- The current facility is being operated on the weekends and exceeding the approved hours of operation. Therefore, they are in violation with the approved operating hours outlined in Resolution 00-22. .. .:. The air curtain incinerator may not be ignited before 9 am and must be extinguished one hour before sunset (DOF) requirement. (Condition No.3) t .... The air curtain incinerator is being ignited before 9 am and extinguished after sunset. Therefore, this facility is in violation with Resolution 00-22. ¡. .:. The approval was for a single air curtain incinerator to be operated on the proposed site. ~, &' .. The applicant's backup material to the Conditional Use Permit identifies the equipment that will be on the site. ~, One Air Curtain Incinerator One Front-End Loader One backhoe. ... ... No approvals were granted for additional equipment to be utilized on this site .:. Too much smoke being produced by the facility. ... The use of two incinerators on this site may be causing an increased amount of smoke in the area. The approval was for a single air curtain incinerator. All impacts were based upon only one incinerator being on the site. ... .. --~ (70) ~/ : r', , , "" ,. " .., \ .... L"< ÞF,\ 3 0 ¿LiCit , ' , ~ I t f:~ ~ .. - -..-..------..- ..'-"" cC:.'· ..' ". : .:,::.,.,:; .~rJT S~-.l~!-=::: :':>_~..:TY. FL .. IíIIao .. MEMORANDUM PUBLIC WORKS DEPARTMENT ... ... .. TO: Dennis Grim, Code Compliance Manager Ray Wazny, Public Works Director /~ I... FROM: IíIIao SU6JECT: Treasure Coast Land Clearing Air Curtain Conditional Use Permit I.. DATE: May 1, 2002 ****************************************************************** .. L Cindi Snay, Planner II has indicated in the attached memorandum that Treasure Coast Land Clearing is in violation of Resolution 00-22. Among other violations, two air curtain incinerators are in operation although one was approved by the Board of County Commissioners. I .. l Because this is a violation of the conditional use permit, please post this property with a stop work order, and let me lmow when one of the incinerators is removed. l RL W/sm L c: BOCC Douglas Anderson, County Administrator Dan McIntyre, County Attorney Dennis Murphy, Community Development Director Dennis Bunt, Code Enforcement Supervisor Joe Spatro, Forest Area Supervisor ~: II. ~ ~ ¡. @ 1.. i.r NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THIS PROPERTY. ... .. ... ... :~ ¡- ... '- I .. Public Works Department Code Enforcement Division .. South side of Oran2e Avenue a1!Proximatelv 1800 feet west of Sneed road, Part of Tax ill # 2209-311-0001-000/9 .. The Air Curtain Incinerator for Land Clearing Is In violation of Resolution 00-022 l All Work Must Stop ¡ .. t ï.. l Failure to comply with this order may cause legal action against all parties involved. This Notice may only be removed by authorization of the Building Official ~1M.~ L ~ , ï.. L. Dennis M. Grim 8t Lucie County Building Official L 2300 Virginia Avenue Ft. Pierce, FL34982 ... Co e Enforcement Offi r 5/;2-0:l _~ Dated t!J.J)\ ~ ¡. .... t I.. ... I.. ... i.. ~ L ' .. ¡ .. ¡ ... f .. L. t .. fI. fI. ¡ .... 25305 Orange Avenue Ft. Pierce, FL 34945 May 8, 2002 Mr. David Kelly JA Planning Manager 1 ! ~ ,/ p- St. Lucie County ; 1J' , rP i ~v /' 2300 Virginia Ave. I . '/, :.e-ly Ft. Pierce, FL 34982-5652 1)('/ VI J' / In Re: Port St. Lucie Tractor zoning change Wynne Ranch - Orange Avenue Extension Dear Mr. Kelly: The purpose of this letter is to advise you and the Board of County Commissioners of St. Lucie County, that we as residents of Orange Avenue Extension, are opposing the zoning change from AG to Utility for the above named business at the above addresss scheduled for hearing on May 16, 2002. St. Lucie County has already granted a permit for an air curtain incinerator operated by Treasure Coast Tractor on Orange Avenue Extension that has consistently been out of compliance. We live approximately two miles west of the present 'Utility' change and when the prevailing winds are out of the southeast we are subject to haze and the sickening smell of smoke. On some mornings, Orange Avenue from Sneed Road west to the Cow Creek Swamp in Okeechobee County has a very thick smoke fog, wherein areas to the east and west on this highway do not. The trucks that haul land debris on Orange Avenue are either uncovered or not covered properly over ninety percent of the time. As a result of the above, we have had many sore throats as well as burning eyes, terrible driving conditions and chipped windshields and paint on our automobiles. How can the residents of Orange Avenue Extension be assured that this present request for a zoning change won't bring the same health hazards and safety concerns that the present 'Utility' change has already brought us? Who will monitor what these private businesses are hauling in to be burned in these incinerators? Who monitors what county this debris is coming from? Should our highway (which presently can not take more traffic) be over, burdened by land debris from Martin or Indian River County? We have numerous documented complaints with the Division of Forestry, the St. Lucie County Fire Department, the St. Lucie County Sheriff's Department, the St. Lucie County Public Works Department and a few of our County Commissioners. The air curtain incineration principle as we understand it, should only emit smoke (and very little) when the combustion fire Is first started. There is always visible smoke being emitted from the present 'Utility' site on Orange A venue. If you approve this zoning change, there has to be a way that these companies can be held accountable for any smoke emissions. In other words, the proper size incinerator for the tonnage of debris Involved. Mr. Kelly, we do not want our public safety and our ,health jeopardized. We do not believe that this zoning change for this area of St. Lucie County will be beneficial at this time. Please leave this area zoned Agriculture. There are many other areas in thi @ : J~~~rJ I . 7 J // I'" MA Y 1"3 2002 I r.O. ADMIN. OFFICE .. .. '- } .. l ... ~ ! .. L .. i .. (; } .. L. } I... þ Ii. L ø: ¡~ Ii. ¡. ... ... zoned for this purpose. They provide a much better highway system for these trucks. Not only could the trucks be monitored better, any smoke and noncompliance concerning debris could be better monitored. If we had known that the present zoning change would be affecting us as it has proven, we would have fought it when it came before you in May 2000. Sincerely, ¿d/ ¿ ~<Ií ëç:;ëZl2- Cynthia C. Adams cc: Frank H. Fee, III, Esq. Fred Vaughn, Deputy Chief, SLC Fire District Joseph Spataro, Forest Area Supervisor, Division of Forestry St. Lucie County Board of County Commissioners w .. STATIONAR) ..OURCES - EMISSION STANDARDS DE? 67-296.401(7) 3/1999 .. .. (7) Any air curtuin incinerator. new OT existing. located at 8 landfill for any time period or \1t uny other site for more thun si~ months. (a) Outside of stw1up periods. no visible emissions (S percent opacity or less) shaH be: allowed. e:ltcc:pt that un opacity of up to 20 ~ent shall be permitted for l'Iot more thun three minutes in anyone hour. "5 L "T mc.. -\C~ ~i t\oV\ a ~ (b) During startup periods. which shllll not exceed the first 30 minutes o( operatiun, ~ ~ E? al1 opacity of up to 3~ percent. avcrnged over a ai¡r.-minutc period. shun be al1owc:d. . (d The gcneral CACCS¡ emissions rule. Rule 62-210.700. P.A.C., to hundle startups, shutdowns. and malfunctions. shan not apply to air cunain incinerators. . (d) The following dimensions for the pit must be strictly adhered to: no mon: thun 12 feet wide, between 8 and IS feet deep, and no longer than the Icngth of the manifold. The pit shull not be dug within apn:viously active portion of the landfill. (e) The only muterials that can be burned in an air curtain incinerator are wood wastes consisting of trees, logs. large brush, stumps relAtively free of loil. unbugged leaves and yard trash, tree: ¡ur¡con debris. and clean dry lumber such as pallets. (I) The burning ()f sawdust, paper, trash, tires, &arbaie. plastics. liquid wastes. chemical- ly treated or painted wood, and other similar materials is expressly prohibited. (&) Only virain oil. natur.11 gas, or liquefied petroleum g l.~ may be uscdtu start the fire. The use of waste oil. chemicals, gasoline. or tires is expressly prohibited. (h) In no case shan an air curtain incinerator be started before lunrise. For refraçtury lined Bir curtain incinerators, charging must hive completely atopped betore sunset. For all other BiT curtain incinerators, charging must have completely Itopped two hours before sunset (I) In no case shall the permitted burning rate, in tons per day, e"çeed the value obruined by dividing the number 100,000 by the permitted number of days ¡)Iat burning will be authorized to take place. 0) New air curtain incinerators must be located at least three hundred (300) feet from any prc~xisting occupied building located off site. Air curtain incineratbrs existing as of Ottober ), 1986. must be located at least two hun~d (200) fee. (rom ;my ocçupicd building located off site. The Department may issue a permit for an air cunain incinerator which does not meet this setback if the applicant submits with the application Q signed affidavit from the owner(s) of all occupied buildinJI within the setback area that waives the setback requirement. (k) Air curtuin incinerators used at landfills may not be operatcd within ohc thousand (1000) feet of any active portion of the landfill unless the air curtain incinerJtor is aepw'uted (rom the active portion of the landfill by a controUed gatc or check-in 'tation. (I) The material shall not be loaded into the air curtain incinerator such that it will protrude above the air curtain. .. lilt .. ÍIIIt i. ~ \ .. ~' Ir. g '- .. ~ *- .. ... Copyright 1999 REOmes. inc.. Tallahassee. Florida 17 1 ... (ji) ~, ... ... ~ r ... ... L. \ ¡ ... ... , .. ... f .. t .. ... L L /// / I· Ii. L ~ L ~ L. L. STATIONARY SOURCES - EMISSION STANDARDS DI~_ 62-296.401(7)(m) 31 J 999 (m) Ash shall not be allowed to build up in the pit to higher than 1/3 the pit depth or to the point where the uh begins to impede combustion, whichever occur.¡ first. (n) A detailed operation and maintenance guide must be available to t~ operators at all times, and the permittee must provide the proper training to 1111 oper~ttors before they work at the incinerator. The Department may request a copy of this guide. (u) Test Mcthoo3 and Procedures. All emissions testa perfonned pursuant to the require· ments of Ihis nile shan comply with the following requirements. 1. The tcst method for visible emissions shall be DEP Method 9, ihCOrporuted in Chapter 62-297, F.A.C. 2. Test procctlurcs shall meet all applicable requirements of Chupter 62-297, F.A.C. S¡xcific Authority: 403.061. 403.716 FS. Law Implemented: 403.021, 403.031, 403.061, 403.087, 403.716, 470.025 FS. History: Formerly 17-2.600(1), Amended 10-14-92. 12-2-92, Formerly i7-296.401. Amended 11-23-94, J-I-96, 3-13-96, 11-13-97. " " "" j (if) 65/09/2002 16:14 5614622131 ST LUCIE CO ADMIN PAGE 09 ! .. ¡ .. May S. 2002 Page) Peti' : Port St. Lucie Tractor Services. Inc. FiJe No.: C\J-02-005 .. 2 Whether Ind tbe extent to whith the proposed conditional... would have lID adverse impact on nearby properties; L. The pro~d conditional use is not expected to adversely impact the SU!TOUnding properties. The increased combustion time and turbulençe of the air curtain incinerator operation results in the complete combustion ofthc: loaded land clearing debris. The protective curtain created by the roæting a1r significantly reduces emissions from this incinerator. The likelihood of sparks escaping into the atmosphere and igniting other material outside the pit is yay remote. ~- .. ¡ .. 3. Whether and the extent to whlcb tbe proposed condidonal UK would be served by adequate public facilities aDd servic~, Indudlnl roads, pollee protection, soUd wute disposal, water, sewer, drainage struetures, parlll, &ad man transit; L. There ~ no public facilities servicing the proposed area. The subject urban service boundary. This conditional use is not expected t create si ¡tican ibona] deman _on any Rublic faCJhtJes In this are~ The subject p~ ty win be scrvtce water sewer orou on-site well and septic sewer systan. Orange Avenue: in this area is a two-lane faciJity, with sufficient cap~ìty to support the proposed use. The area $U1TOwtding the subject property is primarily çitrus groves. t~ ~ov-e -TvR-Pf1, c. l l 4. Wbether aDd the extcDt to wb1cb the pl'Oposed eonditioaaJ use would result ia signlfieant adverse impacts on the Dat1lral envirOD_Dt; ~ The proposed conditiœal use is not anticipated to create adverse impacts on the natural environment. The air curtain incinerator is to be permitted thorough the Florida Department of Environmental Protection (FDEP). The air curtain system process works to eliminate the potmtial for harmful emission's betng released within the atmosphere. Funher, the likelihood of a spark being released from the pit and causing damage to the surrounding environment is very remote i.. ~ .. The proposed unit to be located on this site bas been represented to staff as a being powered by a 6- cylinder diesel engine that drives a 20.000 CFM centritùgaJ fan. Air is forced out of restricted outlets on a 35-foot manifold. Air speed can be adjusted up to ISO MPH at the blower head. The air is forced across the top and down into the trench. The curtain of air acts as a top for the incinerator and provides o;:\ygm, which will produce a hotter flame. Thenonn~l temperature produced by the alf curtain Incinerator faJls between 2,0000 and 2,800° Fahrenh6t The OJllY¡c:J1 flow coupled WIth the 360 degree rot<ttion of the air in the trench creates an after burner effect. By reçin:utating the alT under the curtain, residence time is increa~ long enough for almost aU organic compounds to be destroyed with very little smoke or ash. Î .. ý: ¡, .. The ej\tremely high temperatures coupled with the fast airflow directed into the trench at the proper angle enables the unit to me~ or ej\ceed all State and FedenaJ Environmental regulations. PIt emissions are typically less than 200/.. flPad'Y and 111)QCf two pounds of pæticulatc: for eacb tOtl loaded The standard pit sí~ IS 7 to meet deep x 10 to 12 feet wide x SO to 60 feet tong. The pit should be placed to g1Ve the greatest clearance on the downwind side oftbe pit The chances of a spark ese-aping into the atmosphere and igniting other material outside the pit are considered to be remote. ~ .. ... .. \ l I( .' . n ¥\-efE;:' . skI I be- -p€Y'W\¡fied --r-¿mD+h)O~ -+V¡¡¿n{h~ VY\. VV\ \,). ;\e..s '1M a VI Lj OV\E hOLLr 'ì ~. '.... "^ I't¡' 0 6 ])£,?,. J · ~ 77J"" uUWl€ ~: .. ~ ~5/e9/20e2 16:14 5614622131 ST LUCIE CO ADMIN PAGE 10 L. .. May 8. 2002 Page 4 . n: Port St. Luci~ Tractor Services. loc. File No.: CU-02- -~~" ~----- .. The petitioner, Port 51. Lucie Tractor Services, Inc., CUJm1tly hauls appro,Ümately l8 :I: loads ofJand clearing debris to the County's landfill per day. Each load 'Wc:ighs approx.imately 10 to J 2 tons. This result5 in approximately 5,400 tons of land clearing debris being disposed of in the landfill eaçh month. The operation ofthis private air curtain incinerator to dispO$C' of this land clearing debris will greatly reduce the amount of materials being disposed orin the landfil1. .. 7- L. Tbe air curtain incinmtor residue (specifically wood ash) can be recyçled as a very useful so\l additive that can be marketed to plant nurseries, fimns, etc., AS a potting soiJ addih~. k .. COMMENTS t Ii. The petitioner, Port St. Lucie Tractor Service, Inc., has applied for the requested Conditional Use Pmnit in order to operate an air curtain incinerator for the disposal orland clearing debris on a 9.9 acres of land located on the north side of Orange A venue, approximately 5 3/4 mjles west of Minute Maid }load and north one mile from the entrance to Wynne Ranch. This operation would be located in an area zoned U (Utilities), as previously addressed by this Board in petition RZ-02.o11. This particular use would be authorized under the proV1sions of Section 3.01.03(W)(7)(g), Solid Waste Disposal La ì, .. Staff finds that this pc:titioo meets the standards of review as set forth in Section 11.07.03 of the St. L e County Land Development Code and is not in contlict with the goals, objectives, and policies of the S ucte CQunty Comprehmsi~ Plan. Staff m;ommends that you forward tros petitim to the Board County Commissionas with a recommendatiœ of approval. subject to the foJlowing conditions: -~ \hìS'S-0\/\DV\i'~. N\"(k;~deìrò-fhm S.LCD .<SJ',d llbsi€- S~S ~~ S Ywxfevìctl ,'0 cr-~red CW1d WlLA-fc0.pdrAj\d r1ðt. J ctVõp jðð 0t --Ið-i0e /and -f) / J-/s:so) b... (01 ~ An jilT curtain incinerator as dermed by Chapter 17.256, ~.A. C.. is a portable or St2ttonary combustIon device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the SW'face of the pit and a recirculating motion of air under the cumin. The air curtain incinerator is designed to de6troy trees, brush and stumps in a safe controlled burning process. L. .. The proposed unit is to be powered by a 6-cylinder diesel engine that drives a 20.000 CFM centrifugal fan. Air is forced out restricted outlets ofthe 35-foot manifold. The airflow is forced across the top and down into the trench or pit. The curtain of air acts a... a top for the incinerator and provides ox.ygen, which produces a fire that maintains an average temperature between 2,000° to 2,800° Fahrenheit. The ox.ygen flow coupled with the 360 de¡ree rotation of the air in the trench or pit ettates an after burner effect. By recirculating the air under thr; curtain. residence time is increased long enough for alrno&t all organic compounds to be destroyed wIth very little smoke or ash escaping. The cbances of a spark escaping into the atmosphere ftom the trench OT pit anò igniting other material outside the pit are remote. The pet1tioner has indicated that the hours of operation for the air curtain inciIieratOr will be tram 7 :00 3.m to 5:00 p.m. According to the Florida Department of Environmental regulations outlined in Chapter 62-156. F.A.C., the land clearing debris cannot be ignited before 9:00 a.m. and must be extinguished one hour before sumet. ... , .. L ~ ì. L. ~ '- II. III Edward W. Becht, P.A. ATIORNEY AT LAW Post Office Box 2746 (34954) 321 South Second Street (34950) Fort Pierce, Florida Telephone: 772-465-5500 Fax: 772-465-8909 ... .. September 4, 2002 ... Mr. Ray Wazny, Public Works Director St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34981 1. .. Re: Treasure Coast Land Clearing and Treasure Coast Tractor Service Dear Ray: .. Thank you for taking the time to meet with us on Monday, August 26, 2002. Your direction to approach Sean Hobbs with the Department of Environmental Protection ("DEpIJ) has been extremely helpful and I have scheduled a meeting for Thursday, September 5, 2002. ~; ... .. As I mentioned to you, I am attempting to make certain that my clients, both Treasure Coast Land Clearing and Treasure Coast Tractor, are in complete compliance with the Conditional Use, all DEP regulations, all Forestry Department regulations, and any regulations of the St. Lucie County Fire Department that may be applicable. I believe the issues related to trucking have been dealt with, so the Sheriff should now be appeased. ¥ iI. ~ .. As you may recall, I asked you to identify the Environmental Control officer for the County. The individual who holds that title is charged with certain responsibilities under our Conditional Use Permit. If there is no such person designated, then it might be beneficial to designate that person, for purposes of our Conditional Use, as being either connected with the Forestry Department or with the DEP. From what I have seen already, the DEP has substantial regulations on air burners. .. .. My clients have investigated the possibility of purchasing a fire box which, according to Gary Ford of Air Burners, LLC, will reduce the smoke, and increase our operating efficiency. The retail price for one fire box is $94,727.00. This is a substantial expense. ~ .. As we have discussed, the volume of material generated by both Treasure Coast Land Clearing and Treasure Coast Tractor has doubled, if not quadrupled, since we made our application for permitting. I want to assure you that this is material generated by their own operations. Consequently, it has become advantageous for my clients to establish separate operations on this 9.9 acre tract. I believe there will be additional benefits in that my clients will be directly responsible for their own operations, as distinguished from being unable to control the employees of the other company. We discussed this with you, and you stated that you would be able to support the separate operations, provided we purchased the fire box, and further providedJhat.we-were~n-- \ L-------------- \ u: .trY..',; '-; C := :=' c= ,,--------- .. '- ¡.. t, '- .. ... ... ¡ III. k i. '- ... ~ ÍII .. .. - .. ~ ... .. ~ .. ~ L. ... ~ .. .... total compliance with all regulations of the DEP and the Forestry Department. I suspect that you also want us to be in compliance with the Sheriffs Department, and to the extent applicable, the St. Lucie County Fire Department. During our meeting, you also suggested setting up a meeting with Ms. Adams so we can discuss with her what we are trying to do, and explain to her how that will improve operations. Mr. Wynn had the opportunity to meet with her and I believe that he was able to provide her with some assurances regarding his operations. I would welcome an opportunity to provide her with the same assurances, but I would prefer to do so after we have met with the DEP and the Forestry Department. You indicated a willingness to be at that meeting, and I would appreciate you being there. As I mentioned to you, I have scheduled a meeting with the DEP and will be back in touch with you after that meeting. Very trul~rs, , (! /'- c& Edward W. Becht EWB/jef cc: Treasure Coast Land Clearing Treasure Coast Tractor Service i. .. BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR I.. DOUGLAS M. ANDERSON ... September 10, 2002 ¡¿ .. .. Edward W. Becht, P.A. 321 South Second Street Fort Pierce, FL., 34950 .. Dear Mr. Becht: ~ Ii. Thank you for your letter of September 4, 2002. The Environmental Control Officer for St. Lucie County is Dan Mcintyre, County Attorney. i~ .. The Board of County Commissioners has approved the conditional use of a single air curtain incinerator on a single parcel owned by your clients, Treasure Coast Land Clearing and Treasure Coast Tractor Service. County staff is prepared to work with you to resolve issues concerning the amount of material the site is receiving, the number of air curtain incinerators, smoke levels generated, and truck traffic issues. ... .. I will be happy to attend a meeting to help resolve the issues noted above. .. Please call my office at 772-462-1450 if I can be of further assistance. Sincerely, ... L. , I .. ~ c: Board of County Commissioners Douglas M. Anderson, County Administrator Dan Mcintyre, County Attorney Dennis Murphy, Community Development Director Dennis Grim, Code Compliance Manager Attachment (j]) ì.. ~ ... JOHN D. ßf\UHN. DisTTict No.1' DOUG COWARD. District No.2· PAULA A. lEWIS. District No. J . FRANNIE HUiOì:NSON. DisTricr No.4' CUFF ßAf\NES. DistricT No.5 County AdminisTrotor - Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-lucieJl.us ... Ii. ... i.. ... I.. , ... .. ... Ii. .. .. , III! .. L. ¡ L L 1. l ~ COUNTY ADMINISTRA TIO ,>",,,,,,,,*~g»,,,,,;,;j..*W'm~~~.'->'~···-··-···----' '--"'>$i~_*~~ MEMORANDUM 02-16 ,- ~i;';';'!.':~<'1i:<:·'·'· <m:,-"~!:c:"",,,,,,",~.,. TO: Board of County Commissioners Ray Wazny, Assistant County Administrator ~_ September 27, 2002 FROM: DATE: RE: Air Curtain Incinerator on Orange Avenue At the September 17, 2002 Board of County Commissioners meeting the Board asked staff to provide an update on Code Enforcement action relative to the air curtain incinerator operation on Orange Avenue. In April, 2002 County staff received a complaint that two air curtain incinerators were being operated by Treasure Coast Land Clearing, while only one had been approved by the Board of County Commissioners. Additionally, there were concerns that excessive smoke was being emitted by the air curtain operation. On May 2, 2002 Code Enforcement posted the attached stop work order. The operators, John Talley and Lawrence Vickers, attorney Ed Becht and I met on site to discuss compliance with the Board Conditional Use approval for the site. An agreement was reached to immediately remove one air curtain incinerator and to operate the single approved air curtain incinerator efficiently to minimize smoke emissions. Between May and September staff visited the air curtain site and warned the operator that excessive smoke was being emitted. This was corrected by reducing the amount of material being placed into the incinerator. On September 11, 2002 we received a report that two air curtains were being operated again at the site. Code Enforcement visited the site and observed only one operating. On September 16, 2002 we again received a report that two air curtains were in operation and that a high level of smoke was being emitted. Code Enforcement visited the site and determined that one air curtain was being removed and a new one installed. The excessive smoke was documented as dust (ash) created as a r§>J1lt of cleaning up the area around the removed air curtain. Photos are attached. d r~;-:;;;;~,-:;~_______ ( r--- -- -- -..~./ ''3' r7 ,-. ----, ' -Cc- Y/[" ;Iii sgO , '''''' & /,) .. P 3 0 2002 ~ Co. ADMIN . OFFICE t .. .. Please let us know ~f you have any questions. .... RLW/ms c: Doug Anderson, County Administrator Don West, Public Works Director Mike Bowers, Assistant Public Works Director Dennis Murphy, Community Development Director Dennis Grim, Code Compliance Manager . Dennis Bunt, Code Enforcement Officer I ... ÍIIIa Attachments ÍIIIa '- I: L. ¡'- II. l .. ... L L. ì ¡. L. j; L. t i ÍIIIa l L. r;;;: ~Jj ~i II. .. ¡\ .. ì... .. Public Works Department Code Enforcement Division l NOTICE . " .. TO "THE OWNER AND ALL PERSONS L. INTERESTED IN THIS PROPERTY. .. South side of Orange Avenue aI!}Jroximatelv 1800 feet west of Sneed road, Part of Tax ill # 2209-311-0001-000/9 The Air Curtain Incinerator for Land , L Clearing Is In violation of Resolution 00-022 All Work Must Stop k i. L. t ... Failure to comply with this order may cause legal action against all parties involved. La L This Notice may only be removed by authorization of L the Building Official L ~1M.~ L. Dennis M. Grim 8t Lucie County Building Official L 2300 Virginia Avenue Ft. Pierce, F:L 34982 @ 5' :l--OJ... Dated ( , .. ice ~~ I. COUNTY ADMINISTRATION ; I.. # L. MEMORANDUM 02-26 ; í... TO: Dennis Grim, Code Compliance Manager Ray Wazny, Assistant County Administrator /1/- October 8,2002 . FROM: ... DATE: L. RE: Air Curtain Incinerator ... The attached Department of Environmental Protection Warning Letters issued to Fort Pierce Tractor and Treasure Coast Land Clearing indicates that the air curtain incinerator approved as a conditional use by the Board is not permitted by the DEP. The conditional use approved by the Board required that proper state permits be obtained. ;:^ Ii. , ì.. Please issue a stop work order for the air curtain operation on Orange Avenue until proper permitting is obtained. RLW/ab ... c: Board of County Commissioners Douglas M. Anderson, County Administrator Dan Mcintyre, County Attorney La Attachment ... ¡ i. l . i1'· r-:..::. ,_~ -'....._ _ ........." "'-(ç;-- ~ . --.; -J I ~__.. ,- . ! .-..... "---:-'--' iì /--_ ....-~.._ :---.; r--J I I i I __ . tJ 1- . - - ':. j..::::; II \ ',' I I <=::;' r-,J I --.. ~ J I ~/D ,; ~ ,.~--- --... ¡ J ! OC- - -'0:!)1 : ! 9 .- - -. : } (...,1'» l ... .. <g; L. ®J ¡ L ¡" "'. Fran:FL.DEPT. OF'E~N. PROr:C:IIO~ 561 681 679G 04/07/2003 04::2 ãû3 P .0021005 .. ~ I' I.' "J ~ " . > \' " ~~ft:'1}'?~'~'}-Ó>." ,. ~':( '..... .,,,) ¡;., . ", !, .".~~,<';,;.:,:,;,,·r'·' " \',y: ~~~;)··~.:.;--;"r'f' -', :J ",_I,n;,~,~ ::"::";~J::<~ , " .. ,- ,,) ~ ~ ¡. -~ Dep~rtment ~f Environ mental, Protection OCT 0'1'1112- Southeast Dlstri« F ~ L E~ ...... . . P.O. Box IH2S __ West Palm 8Gch, Fl,orlda 33416 Oa.vld B. StrUM Secretary J.b Bush Governor L ì. CERTIFIED MAIL ~¥t¿PJmUW1~/¿gl WARNING LE'ITER WL02-o0 18AP55SED AI' - St. Lucie County .. Lawrence Vickers Ft. Pierce Tractor 1210 Pulitzer Rd. Ft. Pierce, FL 3'4954 '" II. , .. "SubJect: Construction/Operation Without a Valid DEP Permit Dear Mr. Vickers: .. ~~'- The purpose of this letter is toådvise you of possible violations of la.w for which you In.a3" be responsible, and to seek your cooperation in resolving the matter. S-:J.bscqucnt to the inspection on August 12, 2002 the Department has di:scovered that a violation of F10rida etatutce and ru1es may exist. The inspectiOl1 revealed an air curta:in incinerator may be operati~ in Ft. Pierce without a valid DEI' pennit. " .. L Section 403.161 (l}(b), F10rida Statutes, provides that it is a violation to fail to comply with any ntle. regulation, order, permit or certification adopted or is!lued by the Dcparb:hent pursuant to its lawful authority. It ie a violation of Rule 62-210.300 FloridaAdministrative Code to fail to obtain a valid Department permit prior to construction or operation. L. L The activities observed during the Department's1 field inspection. and any other activities at your site that may be contributing to violations of the a.bove described statutes and rules, should be ceased immediately. Continued activity in vio:.a.tlon of state statutes or rules !!:laY result in lia.bility for damages and. restoration. ,In accordance with the August 12, 1997 Department's ·Settlement Guidelines for Civil Penalties", and based on the Department Air Program's CM1 Penalty Ma~ the pc:na1ty which Would be proposed in this case is $9250.00 pIus $250.00 for me Department'e C08~ & expenses. L La You are requested to contact Rich Hofma.r1n or Laxmana. Tallam of t1ús office at 561-681-6622 or 681-6632 within 15 days of receipt oftlús \Vamìng Letter to arrange a meeting v:ith Department personnel to discuss this matter. The Department is interested in reviewing any facts you may have that will assist in determining whether ... i.. "M.,re Pr:JteC'jon. le.ss Prcc;eS$" cE" ~G. // ,// ~ L. 1M I' '" .. _0·/1, / Frcm:FL.DEPT. OF ENV. PROïEG. _J~ ~il 631 6790 I 04/07/2l_~ 04:13 #003 P.003/0J5 ~ / :; . . :,/ <") ~ ~.~eree~cror WL02-0018AP56SED Page 2 of2 ,f ... ... '- ÍIIII i. .. '- .. l ... ~ L ¡ .. ¡ " .. ¡ if '- i.. L j ì. aIJ.y violations have occurred. You may bring anyone with you to the meeting that you reel may help resolve this ItlS.tter. PLEASE EE ADVISED that this Waro.iDg Letter is part of an agency investigation preliminary to agency action in accordance with Section 120.57(4), F10rlda Statutes. We Jook forward to your cooperation L."'1 completing the investigation and reso1ution of this matter. . Sincerely. MLM:Tr:rh ¥ cc: Dianne Spingler, DARM, DEP6 Ta1laha.ssee (Dianne.SpingleI@dep.state.fi.us) Air Enforcement.Files, DEP, West Palm Beach Ra.y Wazny, St. Lucie County (wazny@co.st-lucle.fl.us) '. , . , --~ (ç ) "'- 6 1/ ÌÌIIII F ran:FL .DEFT. OF -ENV. PROTEL.JN 561 681 6790 , '\ I 04/07/2G~~ 04:13 #003 P.004/005 n. ~ . _ _ _... 'W_ --.._',. .---....-.._. ~...._.._.__ .... .......·;4 .:...............,;._................ ". . ....... .... ...-..-...... ..-............- ...... .. -. ..... . _.. ~ ~ '1' i.,... () ~.~ ... ~ Jab Bush Governor D~partment of Environmental Protection OCT 0 1 2012 Southeast District i~ ~ lL !E P.O. Box 15-425 WISe Palm 6èach. Rorlda 33~ 16 David B. Stl'Uhs SeCl'eQry ~ L. ~ L CERTIFIED MAIL RE'IURN RECEIPT ~UESTED ,/ ~ L J , 7ø¿;,1 18'¡'tJ¡j~¿)~ <8'1f1~/¿" 7 WARNING LEl·J.'t;H WL02-00 17 AP56SED AP - St. Lucie County ~ í ~ III John Talley Treasure Coast LaIld C]earing. Inc. PO Box 1132 . Ft. Pierce, FL 34954 l L . Subject: Construction/Operation Without a Valid DE? P~t Dear Mr. Tall~ .. The purpose of this letter is to advise you of possible violations of law for wmch you may be responsible, and to seek your cooperation in resolving the matter. Subsequent to the inspection on Auguet 12, 2002 the Department has discovered that a violation of Ftorida statutes and rules may exist. The inspection revealed an air curtain incinerator may be operating in Ft. Pierce without a valid DEP pe:rm.it. Secüon 403.161 (l)(b), F10rida Statutes, provides that it is a violation to fill to comply with any nùe, regulation, order, permit or certification adopted. or is~ued by the Depa:rb:ne:nt pursuant to its lawful authority. It is a violation of Rule 62-210.300 F10rida Añm.;n;strative Cod.e to fail to obtain. a. valid Department pe:rmit prior to construction or operation. The activities observed during the Department'~ field inspection, and any other activities at your site that may be contributing to violations of the above described statute~ and rules, should be ceas'ed immediately. Continued activity in violation of sta.te statutes or rules may result in liability for damages and restoration. In accordance with the August 12, 1997 Department's -Settlement Guidelines for Civil Penalties", a....."d based on the Department Air Program's èivil Penalt;y Matrix, the penalty which would be proposed in this case is $9-250.00 plus $250.00 for the Departmen~8 costs &; expenses. ÍIIII }; .. ì~ .. ¡ ¡ .. ¡ í' .. l ... J L. You are requested to contact Rich Hofmann or La.xme.na Ta11am of this office at 561-681-6622 or 681-6632 -within 15 days of receipt of this Warning Letter to arrange a meeting with Department personnel to discuss this matter. The Department is interested in reviewing any facts you may have that -gyill assist in dete.rmining whetl),er any violations have occurred. You may bring anyone with you to the meeting that you feel may help reso1ve this matter. L ~' L -Morl! Prote~on. Less Process" @ .. Fran:FL.DEPT. OF E~V. PROTEC"( A 561 681 6790 ,/-'._' 04/07/200Z ,: 14 #J03 P .OO5/Q05 . ...:., ... .. ~~.". .'¡'..:,.' . ....:tt......... ,..... . ~...,.........~. '.' _, . . ....;.. 'OM ..........._....._._....... ....___........~._...._......._.._ . .... - ..... ~_.,.___ ...._ .._. u__.. ..... ._ __ __0"'_'''''' .-_ ... .. ~ .... ... .. ¡ II. ¡.' ~ i.. 1,1 f ... L L. II. Ii ill þ L i ... L ~ ~:¡ ... L '- .. .. :" (~ :~ 'frea.5ure Coa.st WL02-QO 17AP56 SED Page 2 of2 PLEASE BE ADVISED that this Warning Letter is pa..-t of an agency investigation preliminary to agency action in accordance with Section 120.57(4). Florida Statutes. We 100k forward to your cooperation in completing the investigation and resolution of this matter. Sincerely, " " ' lissa. L. Meeker Date ector of District Management Southeast District MLM:Tr:rb ,k cc: Dianne Spingler, DARM, DItP, T¡iliahassee (Dianne.Spingle:r@dep.sta.œ.f1.us) Air Enforcement Files. DEP. West Palm Beach Ray Wazrry. St. Lucie Coun1y (wazny@co.st-lucie.fi.us) " '. ----------.. - /' ~.", \ ® ~ .. \ .. L Ii· ~; .. Public Works Code Compliance Memorandum ~ .. ! .. TO: Ray Wazny, Asst. County Administrator l FROM: Dennis Grim, Code Compliance Manager (f9 SUBJECT: Treasure Coast Tractor Property ID # 2209-311-0001/9 .. ~ .. DATE: October 9,2002 \ .. ***************************************************************** L Attached is a copy of the "Stop Work" order for the air curtain operation that was posted on the property located 1210 Pulitzer Road on October' 9, 2002. fi, L Please call if you have any further questions at #1572. Dmgjcsl ~* Ita ~. L. Cc: Board of County Commissioners Douglas MAnderson Dan McIntyre Dennis Bunt Dennis Murphy . ... L 'I '- L. OCT/?§!¡j) ~, ... NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THIS PROPERTY. 1 L. r I. L ~, i. ¡; La , ~. .. k .. Public Works Department Code Enforcement Division . .. South side of Oran2e Avenue awroximatelv 1800 feet west of L Sneed road" Part of Tax ill # 2209-311-0001-000/9 l The Air Curtain Incinerator for Land Clearing Is In violation of Resolution 00-022 and must L have a valid DEP permit filed with the County All Work Must Stop La r '- Failure to comply with this order may cause legal action ~ t. against all parties involved. L This Notice may only be removed by authorization of the Building Official ~ t. ... Dennis M. Grim 8t Lucie County Building Official L. 2300 Virginia Avenue Ft. Pierce, FL 34982 L. Code Enforcement Officer /~ W Dated ORANGE AVE EXT 10/9/02 ORANGE AVE EXT 10/9/02 " Oct 11 02 01: 45p Edwar~ W. Becht, PA , (561 ~"S5-~1909 p.2 Ii. Edward W. Becht, P.A. .. Ii. A-:ìOR!\EY AT LAW Post Of:ïce Box 2746 (34954) 321 South Second S:reet (34950) Fort P:erce, rIonda Tele;::j:me: FlZ,4ó.5-5500 Fax: 7í~-465,8909 .. October 11, 2002 L. l ÍIII VIA FACSIMILE TRANSMITTAL at 772/462-1148 ~ ~1r. Denflls Grim Code Compliance Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, rL 34982 l Re: Treasure Coast Land CI~aring and Treasure Coast Tract)(" Service ¡ Ìi. Dear Mr. Grim: l .-\s "'ie disçussed this morning, 1 represent both Treasure Coast Land Clearing an j Treasure Coast fractor Service, We have received a Stop Work Order which appears to be relate,[ to the operation ùf an air curtain burner without a Department of environmental Protection (OEP) permit. ~ ... ¡ met with Ray Wazney regarding this issue in late August 2002 and expressed my o;>Ìnion to Ra¡ that T !è:ll that a DCP permit might not be reLJuired under theircurrem regulations. Ever though 1 felt that :he DFP permit '.vas not necessary according to DEP regulations, I met with DEP of/ïciab in early ~epteJl]ber in \\'est Palm Beach to discuss permitt:ng the current operation. As I understood their representations to us, they will permit our current operation upon seeing it operat~, l l ~ L. \1) clients arc in the pmce:-iS \J r try i ng 10 upgrade thier facility, and in doing so, th?y wi II be able to ¡'urn more dticiently. meaning less slIloke. The manner of upgrading the fueility is through the -,:ollstruction of an air curtain incinera'tion box which is faV\)n~ù by the DEP, Wher we met with the DEP in early September, 1 disclosed to them that my clients were considering pUI chasing a bux or (onstructìng a box. They did not haw a preference as to whether it was construe-ed or purcl1.1sed. They were only interested in the product of the operatiun, or more appropriately ~tated, th.:: la-:I\: of ,;,ny smoke My clients have diligently tried to have a box constructed on this pro )erty so that they ,-'ùLlld haw it permitted. ! ~ t .. '- In this time of limbo, we did not have tile an application 10 ha\l~ the pit operatiiln permitted as I \\::nted to ha\'c the box permitted on one application. I advised Dennis l'vlurphy loe ay that I hm e the "rniiC<ltions in my office to be completed and tl1ed. The applications are appro:-;inl1teJy haJfan ineh .. fu) .. Oct 11 02 01:45p Edwr-d W. Becht, PA (56~/ 1,65-EI909 p.3 .. .. L .~ III , .. thick, i:lnd I am hopeful of having them out of here today, but realistically it will Monday before ram able to transmit them via Federal Express TO the DEP. ¡ L. Based on my meeting with DEP officials. it is my understanding that they would not have a problem with our continued operation during the permit application process so long as there is no smoke. That appears to be the key issue and my clients have been so advised. ~ .. L During my conversation with Katherine McKenzie-Smith, Esq., I was asked the mU11heroftrpcks [hat might be brought onto the property over the weekend. I have spoken with Mr. Ta ley, and he has advised me that he believes up to 30 trucks may be appearing on the property be~wecn now lnd Monday. He also has advised me that he will rent a chipper on Monday ¡fthat is necessary. There is a pump OIl site adjacent to the canal should you have any concerns in that regard. L ! ~ .. 1 appreciate your etTorts in addressing this issue as it is very important that myel ents be able to con1inLLt' their operation. Thank you LÖr your continued attention. L V er~~ IrulY~, l.) ? ( r::: (;f~.- Ed\vard W. Bccht L EWB/clc cc: Treasure Coast Land Clearing Treasure Coast Tractor Service L ~ l ~ hi. î ... r;~;~ ®) .. ~ .. .. BOARD OF COUNTY COMMISSIONERS ... I. October 11, 2002 it I. Edward W. Becht, PA POBox 2746 321 S Second St Ft. Pierce, FL 34954-2746 ~ '- L Dear Mr. Becht: PUBLIC WORKS DEPARTMENT t.. After a discussion with the Assistant County Attorney and the County Administrator, we will allow Treasure Coast Land Clearing and Treasure Coast Tractor Service to accept land-clearing debris on their site until 5:00 pm, October 11, 2002. La No land-clearing materials may be accepted after 5:00 pm until a further decision is made on Monday, Oct. 14, 2002 on whether operations may resume. ~ ÎI. Please inform your clients of this notification. If you have any questions, please contact me at (772) 462-1572. @ " r,:;;;;--_________ ... ' r~oj' ((~r/f . . /, .......,: JOHN D. ßI\UHN. Disrricr No.1. DOUG COWAI\D. Disrricr No.2· PAULA A. LEWIS. Disrricr No. J . Fl\ANNIE HUTCHINS r~. isrrièr No. 4.w.~w;^J".....liDisrricr No.5 County Adminisrroror - Douglas M. Anderson _. OCT, : 2300 Virginia Avenue . Ft. Pierce, Fl34982 1 1 2002 ..I, .. Public Worl<iS: (561) 462-1485 · FAX (561) 462-236 CO. A r - Division of Engineering: (561) 462-1707 Fax 462-2362 · Division of Rood & ßridge: (5 -' 'I 1ã5tc6 3 Division of Solid Waste: (561) 462-1768 FAX 462-6987 . Division of ßuilding & Inspections: (561) 462-1553 Fox 462-1735 · TOD (561) 462-1428 L Si ncerely tl-~YL- ~' .. L D~nnis M Grim, CBO Building Official St. Lucie Couhty L Dmgjcsl '- Cc: Board of County Commissioners County Administrator Asst. County Administrator County Attorney Asst. County Attorney Public Works Director Code Enforcement Supervisor 1 L. ~ , \ ... .t:dward W. Becht, P.A. ATTORNEY AT LAW Post Office Box 2746 (34954) 321 South Second Street (34950) Fort Pierce, Florida Telephone: 772-465-5500 Fax: 772-465-8909 ÍIIII .. ... October 22, 2002 4 ... .. Mr. Ray Wazny, Public Works Director S1. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34981 ... Re: Treasure Coast Land Clearing and Treasure Coast Tractor Service ÍIIII Dear Ray: ¡ II. Enclosed please find the face page of the application that was filed with the Department of Environmental Protection on October 16, 2002. As I had mentioned to you before, we had met with them in early September in regard to filing the permit and other issues pertaining to the utilization of a box burner. Under the circumstances we have been forced to file the permit for a pit type burning operation, although we hope to convert it to a box type burring operation in the near future. lilt lilt It is my understanding that Sean Hobbs either has called your or will be calling you to try and clarify what I believe is a misunderstanding in regard to our operation. When I spoke with you on Tuesday, October 15, 2002, I thought that you did not hold any hope that a DEP permit would be issued. Although Mr. Hobbs did not attend our October meeting in West Palm with the DEP in person, he did attend it telephonically. While he was on the phone in front of various other persons, I asked him if he had communicated anything to you regarding the likelihood of our DEP permit being issued. He told me that he had advised you that the operation as he knew it to be would not be permitted. At the conclusion of our meeting, Mr. Hob.bs told me, in front of his fellow DEP employees, that he would call you and clarify his earlier statements. The operation that we are seeking to have permitted has great probability of being permitted by the DEP. Unfortunately, what Mr. Hobbs has observed was an isolated occasion which is different than our ordinary operation, and is certainly different that what we will be doing in the future. What Mr. Hobbs observed was a pit that had been overfilled by our operator at a time when the belts on the air curtain incinerator broke. As such the operation was emitting an amount of smoke that would never be permitted by DEP. Additionally, since the time that Mr. Hobbs observed our operation, we have added a "thumb" attachment to our backhoe which allows more specific placement of material into the pit, and therefore results in increased efficiency. I sincerely hope that Mr. Hobbs has called you by now to clarify his earlier statements. ~ I II. ~. .. .. r Ii. I. .. ~/'l, \. . :/ '::- ''''-, c------ ..... n __~-l ': r I.t· li~ [E [] ~{ Ii; ¡ f1 '\ ! i ,: i--------~---·------1 i ! Ii j OCT 2 9 2002 : [ U Ji . ,_.. I I .....-.~.,.- --._--,.~_.__j l .. ÍìII ir. .. ir. II. .. /; Ž¡ II. L r .. ~ I> .. ì ... L ~ 1M L. ¡ .. II. ir. ; ... As I am dictating this letter, I am also dictating a letter to Stephen Smallwood, P.E. (850-35002), Tallahassee, Florida. Mr. Smallwood is the former director ofthe Air Quality Department for DEP, the former administrator of the air program, and the mentor of the current air program administrator, Tom Tittle. We are retaining Mr. Smallwood to assist us in processing the permit to make sure that there are no further problems. On October 16, 2002 we met with Laxmana Tallam, P.E., Permitting, Compliance and Enforcement Supervisor, Air Program, Department of Environmental Protection, Southeast District, 561-681- 6632, Tom Tittle and Manuel Delosantos. At the conclusion of the meeting Mr. Tallam and I walked through a pertect permitting process and it is conceivable that we will have a hard permit within three weeks. Under the circumstances I am sure that you know the hardship that your interpretation of the Stop Work order has caused us. By not allowing us to continue to haul material to the site, you have placed an undue hardship on my clients in terms of fulfilling work orders that have already been bid and based on our ability to use our own site. I am asking that you revisit that decision so that we may continue to bring material on site in light of the probability that a DEP permit will be issued in the near future. I will provide you with the telephone numbers of various individuals associated with this should you deem it necessary to communicate directly with them. ve~«u~, (cD Edward W. Becht EWB/jef cc: Treasure Coast Land Clearing Treasure Coast Tractor Service ----~ æ-v .-- .. BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR .. L. DOUGLÞ.5 M. ANDERSON ~ October 24, 2002 ... ... Ms. Doris Vickers Treasure Coast Tractor 1210 Pulitzer Road Fort Pierce, FL., 34945 \ ... RE: Bond Requirement ... Dear Ms. Vickers: i. According to Resolution OO-0i22, approved by the BCC on June 6, 2000, Treasure Coast Tractor Service, Inc. was required to provide a security fund, bond, or irrevocable letter of credit. For a facility of 5 to 7.5 acres, a security bond of $50,000 was required and for a facility of 7.5 to 10 acres, a security bond of $100,000 was required. The approved conditional-use indicates that 9.9 acres of property was subject to the conditional use and its conditions. L iI ... L. l If you have any further questions, please contact my office at (772) 462-1450. Sincerely, L. t .. l L ... (~~ \~!Y/ JOHN D. ßRUHN, Disttict No.1. DOUG COW "RD. Disrrict No.2· PAULA A. LEWIS. Disttict No. J . FRANNIE HUTCHINSON C's-'::c No.4· CLIFF ßARNES, District No.5 County Administrator - Douglas M. Anderson 2300 Virginio Avenue · Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: dougo@co.st-Iucie.fl.us w""h ,it""· wwwco.st-Iucie.fl.us ~ ... ... .. BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR ... '- DOUGLAS M. ANDERSON ... ... October 30, 2002 ... ... Edward W. Becht, P.A. Attorney at Law 321 South Second Street Fort Pierce, FL., 34950 ¡; .. Dear Mr. Becht: " I Than~ yo~ for y~u~ I~tter of ,Octobe.r' 22', 2002 concerning the Treasure Coast Land Clearing air cortaln InClneratoroperatlon ðn Orange Avenue. \ . l II. .. One of the conditions required by the Board of County Commissioners for cond itional use approval was that Treasure ç.oast Tractor must have all required permits in place. Therefore, County staff has no authority to allow the operation of the air curtain facility without a State Department of Environmental Protection permit. L. Please call me at (772) 462-1450 if you have any further questions regarding this matter. ... Sincerely, .. tJ~., R azny' ssi tant C nty ministrator RL b 02-17 t ~; í~ ... ~ .... c: Board of County Commissioners Douglas M. Andersõn, County Administrator Dan Mcintyre, County Attorqe:y La ì ... ... JOHN D. ßRUHN. District NO.1. DOUG COWARD. DiStrict No.2· PAULA A. LEWIS, District No. J . FRP-.NNIE HUTCHINSON, District NO.4· CLIFF ßARNES. Districr No.5 County Adminisrroror - Douglas M. Ande~n' . 2300 Virginia Avenue. Fort Pierce. FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.sr-Iucie.fl.us web sire: www.co.st-Iucie.fl.us L. ~11)5?D(L~~?=rtY....~M,l\YǺME.l!\J~I...~ ..7 NGE.A '?ê.Igt~~........" .... .f=>§l9E!1J ... From: To: Date: Subject: Anne Prestridge RAYMOND WAZNY 1 0/30/02 8:27AM MAY COMPLAINT - ORANGE AVE EXT ... ... This is the information from our code program for Orange Ave Ext. in May, If you need any further info, please let me know, Thank you Michelle p, .. OS/2/02 WENT OUT AND PLACED A STOP WORK ORDER ALSO HANDED ONE TO JOHN TALLEY. EXPLAINED TO HIM THAT ONE OF THE INCINORATORS HAD TO GO, HE WAS AWARE OF THE PROBLEM AND SAID THAT IT WOULD BE GONE THE NEXT DAY. 5/3/02 RAY WAZNY DID INSPECTION AND ONE INCINORATOR HAS BEEN REMOVED, VIOLATION HAS BEEN CORRECTED,ABATE .... i. II. s L. ... i. ... ... ¡ -.. l La ... (j§ ... .. ~ ì.. .... Jeb Bush Governor ... .... / Department of Environmental Protection Southeast District P.O. Box 15425 West Palm Beach. Florida 33416 David B. Struhs Secretary January 27, 2003 NOTICE OF AIR POLLUTION PERMIT ISSUED TO: II. Treasure Coast Land Clearing, Inc. Trc3snre Coast Trac¡c·Í " 201 Campbell Road Ft. Pierce, FL 34945 .... Authorized Revresentative: .. !vlr. John Ta1Iey t':"'- ;c',- ".1 ÍIII PROJECT: ÍIII Project: Facility Description: ~oca9on: Lat!ll..ong.: UTM: Zone 17; t, ... Dear Mr. Talley: Permit Number: 11l0107-002-AC LS1.:e [late:: J2HUé<-Y :/:1, :."·.:~èJ Expiration Date: January 26, 2004 Construction of an Air Curtain Incinerator. An Air Burners, LLC Refractory Wall Lined Air Curtain Incinerator Model T-350 (SIC # 4953) West of Sneed Road/South side of Orange Avenue, Ft. Pierce, St. Lucie County, Florida 27026' 27.7" N 1800 32' 15.3" W 545.7 Km. E; 3035.2 Km. N ... This is Permit Number 11101 07-002-AC to construct an air pollution source issued pursuant to Chapter 403.087, Florida Statutes (F.S.). This is a new construction permit to authorize construction of the emission unit described in this permit. NOTICE OF RIGHTS: .. Any party to this Order has the right to seek judicial review of the permit under Section 120.68 of the Florida Statutes, by filing a Notice of Appeal under Rule 9.110 of the Florida Rules of Appellate Procedure, with the Clerk of the Department of Environmental Protection in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the. appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Order is filed wÌth the Clerk of the Department. .. L. STATEMENT OF BASIS: L. This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and Florida Administrative Code (FAC.) Rules 62-4, and 62-204 through 62-297, and in conformance with all existing regulations of the Florida Department of Environmental Protection. The above named owner or operator is hereby authorized to construct the facility shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with the Department, in accordance with the terms and conditions of this permit. ... ... '- "More Protection. Less Process" ~Z) ~ Printed on recyded pop~r. .. / .. ... Treasure Coast Land Clearing, Inc. Treasure Coast Tractor Service, Inc Permit Number 1110107-002-AC .. PART I - SUMMARY INFORMATION .. PERMIT CONTENTS: II. Part I -- Summary Information Part II -- Facility-Wide Specific Conditions Part III -- Emission Unit Specific.Conditions Appendix A -- General Conditions A ?pendix B-- AppJicable párts of 40 CFR Part 60 Subpart CCCC ¥", .. CONSTRUCT: This pennit addresses the following air pollution emission unit: .. Emission Unit Number 001 Emission Unit Description Air Curtain Incinerator consisting of an Air Burners LLC, Inc. Model T-350. This is a self-contained, ; !1':d u::; ~'" /-_..~!j "::'~~~-·~::~:.':~~E~:5.¿ -; :_: Þ.J~\VC~~! ~ ~p!i~:..~ t!.H~.~P~~~.~.~..!!!.~_~I~â_~.:~~~... _,",.. __ .~~. _.._,'.__~ ....._,_.._..__,. '- ... SIGNIFICANT DATES: Public Notice ofIntent Published: January 12,2003 Additional Information Received: November 19,2002 ..Ap;plication Received: November 12,2002 PERMIT HISTORY: ÌIII This is the initial air pollution construction permit for this facility. REGULATORY CLASSIFICATION .. This facility is classified as a natural non-Title V facility. .. PART II -- FACILITY-WIDE SPECIFIC CONDITIONS Conditions in this part generally apply to all emission unit and activities covered under this pennit. .. 1.0 Administra~ve Requirements 1.1 Regulating Agencies: All applications, tests, reports, notifications, or other submittals required by this pennit shall be submitted to the Florida Department of Environmental Protection, Southeast District Office Air Program at PO Box 15425, West Palm Beach, Florida 33416 (street address 400 North Congress Avenue, West Palm Beach, Florida 33401, phone 561/681-6600, Fax. 561/ 681-6790). .. .. 1.2 Citation Fonnat: In this permit, references to F.A.C. Rule 62-xxx refer to rules promulgated under Title 62 of the Florida Administrative Code; references (if any) to 40 CFR 60.xx (or 61.xx or 63.xx) refer to regulations codified under Part 60 (or 61 or 63) of Title 40 of the Code of Federal Regulations. .... 1.3 Specific and General Conditions: The owner or operator shall be subject to the specific conditions of this pennit and the owner or operator shall be aware of, and operate under, the attached General Conditions, attached as Appendix A of this pennit. General Conditions are binding and enforceable pursuant to Chapter 403, F.S. (Rule 62-4.160, F.A.C. ~, i II. Page 2 of9 .. ÍIIr II. II. ,jt .. ... ... .. 1.7 .. ~. ÌIIII 2.1 ... . .. 2.2 ... 2.3 ... ~- ... L ... f' II. i.. .. / Treasure Coast Land Clearing, Inc. Treasure Coast Tractor Service, Inc Permit Number lII0107-002-AC 1.4 Applicable Regulations: This facility is subject to regulation of Florida Administrative Code (F.A.C.) Rules 62-4, and 62-204 through 62-297. Issuance of this pennit does not relieve the facility owner or operator from compliance with any other applicable federal, state or local permitting requirements or other regulations. [Rule 62-210.300(1), F.A.C) 1.5 Other Permits: This air pollution permit does not preclude the owner or operator from obtaining any other types of required permits, licenses or certifications from this Department or other departments or agencies. 1.6 Ooeration Permit Reauired: This permit authorizes construction and/or installation of the permitted emission unit and initial operation to determine compliance with Department rules. An operation permit is required for regular operation of the p~riÍ1itted emission unit. The owner or operator shall receive an operation permit prior to expiration of this permit. . -- [)1ulcs 62-4.030, 62-4.050. 62-4.220, and 62-210.300, F.A.c.] Extension of This Permit: The expiration date of this construction pennit may be extended upon request of the owner or operator and submissi,on of the appropriate fee to the Department of Environmental Protection, Southeast. District Office, Air Program at least 60 days prior to the expiration date of this permit. I [Rules 62-4.030.62-4.050. and 62-4.220. F.A.C.] 'G(;.-_:.....,~1 ~!~~:M~.:':.·.';. ~;..,~.. <;~Gi':¡ .~__.L'... Obiectionable Odor Prohibited: No person shall cause, suffer, allow or permit the discharge of air pollutants which cause or contribute to an objectionable odor. [Rule 62-296.320(2), FA.C.l .../ {Pennitting note: Objectionable odor is defined as any odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be hannJul or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment oj life o'r property, or which Creates a nuisance}. General Visible Emission Standard: Unless otherwise specified by permit or rule, no person shall cause, let, permit, suffer or allow to be discharged into the atmosphere the emission of air pollutants from any activity, the density of which is equal to or greater than 20 percent opacity. [Rule 62-296.320(4)(b), F.A.C.) Volatile Organic Compounds/Organic Solvents Emission: No person shall store, pump, handle, process, load. unload or use in any process or installation, volatile organic compounds or organic solvents without applying known and existing vapor emission control devices or systems deemed necessary and ordered by the Department. Such controls include the following: · Tightly cover or close all VOC containers when they are not in use. · Tightly cover all open tanks that contain VOCs when they are not in use. · Maintain all pipes, valves, fittings, etc., which handle VOCs in good operating condition. · Confine rags used with VOCs to tightly closed, fireproof containers when not in use. · Immediately confine and clean up VOC spills and make sure wastes are placed in closed containers for reuse, recycling or proper disposal. [Rule 62-296.320(1), FA.C.) Page 3 of9 ...........~~ @!~ .. ~ ... Treasure Coast Land Clearing, Inc. Treasure Coast Tractor Service, lnc Permit Number I I 10 I 07-002-AC .. 2.4 Unconfined Emission of Particulate Matter: No person shall cause, let, permit, suffer or allow the emission of unconfined particulate matter from any activity, including vehicular movement; transportation of materials; construction, alteration, demolition or wrecking; or industrially related activities such as loading, unloading, storing or handling; without taking reasonable precautions to prevent such emission. .. L. Reasonable precautions include the following: . . Ash removed from the pit shall be wetted with water, prior to removal, and as necessary. Ash removed from the pit shall be wetted with water, as necessary, to ensure the ash does not become airbome or b<:gin to smolder. Water s.hall be applied, as neces~ary t~the facili~ gro.und~. . R.easonab]e C2i-e shaJI ()~ t3.ken In IC~G!ng ('cld lU1!C~i(11ng Lle pit. ... + .) La [Rule 62-296.320(4)(c), F.A.C 3.0 Operation Requirements Circumvention: No person shall circumvent any air pollution control device, or allow the emission of air pollutanÍs without the applicable air ['ollution csntrol 'kvice operating prop<,rly. .. 3.1 .., - . :1..'<-'). ~:'.. . ~_'.; ... 4.0 Compliance Testing Requirements '- 4.1 Test Notification: Unless otherwise specified in this permit, the Department of Environmental Protection, Southeast District Office, Air Program shall be notified in writing of expected compliance test dates at least fifteen (15) days ";þrior to compliance testing. The notification shall include the following information: the date, time, and location of each test, and the test contact person who will be responsible for coordinating and having such test conducted for the owner. [Rule 62-297.31O(7)(a)9, F.A.C.I t .. '- 4.2 Testing at Capacity: Compliance testing shall be conducted with the emission unit operating at the permitted capacity (90 to 100% of the maximum permitted operation rate of the emission unit). Ifan emission unit is not tested at permitted capacity, the emission unit shall not be operated above 110% ofthe test load until a new test showing compliance is conducted. Operation of the emission unit above 110% of the test load is allowed for no more than 15 days for the purpose of conducting additional compliance testing to regain the authority to operate at the permitted capacity. [Rule 62-297.310(2), F.A.C.l L '- 4.3 Special Compliance Tests: When the Department, after investigation, has good reason (such as complaints, increased visible emission or questionable maintenance of control equipment) to believe that any applicable emission standard in Rules 62-204 through 62-297 or in a permit issued pursuant to those rules is being violated, it shall require the owner or operator of the emission unit to conduct compliance tests which identifY the nature and quantity of pollutant emission from the emission unit and to provide a report on the results of said tests to the Department. [Rule 62-297.310(7)(b), F.A.C.l \ .. .. 5.0 Reporting and Record Keeping Requirements .. 5.1 Report Operation Problems: Ifthe owner or operator is temporarily unable to comply with any of the conditions of the permit due to breakdown of equipment or destruction by hazard of fire, wind or by other cause, the owner or operator shall immediately notifY the Department. Notification shall include pertinent information as to the cause of the problem, and what steps are being taken to correct the problem and to prevent its recurrence, and where applicable, the owner's intent toward reconstruction of destroyed facilities. Such notification does not release the owner or operator from any liability for failure to comply with Department rules. (Rule 62-4.130, F.A.C.I '- Page 4 of9 ... .. .l .. .. Treasure Coast Land Clearing, Inc. Treasure Coast Tractor Service, Inc Permit Number 1110107-002-AC 5.2 ComDliance Test Reports: Compliance test reports shall be submitted to the Department of Environmental Protection, Southeast District Office, Air Compliance Section, as soon as practical, but no later than 45 days after the last sampling run of each test is completed. .. .. Test reports shall provide sufficient detail on the emission unit tested and the test procedures used to allow the Department to determine if the test was properly conducted and the test results properly computed. Test reports, other than for an EP A or DEP Method 9 test, shall include the following information and other information as necessary to. make a,complete report required pursuant to Rule 297.310(8)( c), F .A.C.: lilt · The normal type-and amount of fuels used and materials processed, and the types and amounts of fuels used and material processed during each test run;' . · The means, raw data and computations used to determine the amount of fuels used and materials processed, if necessary to determine compliance with an applicable emission limiting standard. · All measured and calculated data required to be determined by each applicable test procedure for each run. · The detailed calculations for one run that relate the collected data to the calculated emission rate. · The applicable emission standard, and the resulting maximum allowable emission rate for the emission unit, plus the test result in the same form and unit of measure. I [Rules 62-297.310(8)(a) &(b). F.A.C.] ¡ II. lilt II. .. / ~ lilt .. '- .. 1 .. II. ia '- fí(J) C{~/ ... Page 5 of9 ... ... ... .. ... .. II III .. ... III ~" ... '- I. .. ;, .. .. .. 1.6 .. '- J' Treasure Coast Land Clearing, Inc. Treasure Coast Tractor Service, Inc Pem1it Number 1110107-002-AC PART III - EMISSION UNIT SPECIFIC CONDITIONS This part of this pemit addresses the following emission unit: Emission Unit Number Emission Unit Description Air Curtain Incinerator consisting of an Air Burners LLC, Inc. Model T -350. This is a self- contained, refractory-lined unit (36 feet long, 8 feet wide and 8 feet height.) A diesel- owered air blower su lies the air to the incinerator. 001 [This emission unit is subjecJ t6 sections 60.2245 through 60,2260 of 40 CFR Part 60, Subpart CCCC "Standards of P::rfonmmcc for Co¡::¡n~~¡-c¡a! Clnd Inc!i;sl;':ai Soli(: \Vas'te!:ìci"eratiGi1 Uni:s for \VI,idl'Collstruction is commencc,! ¡"feu' November 30, 1999 or Which Modification or Reconstruction is Commenced on or After June 1, 2001"] 1.0 ElJlission Limiting Standards and Operation Restrictions l.l This emission unit shall comply with the requirements of 40 CFR Part 60 Subpart cecc, sections 60.2245 through 60.2260, and with the requirements in Rules 62-296.401(7), F.A.Ç" to the extent that those requirements are stricter than, or supplemental to, the requirements of 40 CFR Part 60 Subpart, CCCC. 1.2 The operating (charginglbuming) hours of this incinerator shall not exceed 5,000 hours per any consecutive 12-month period, IRequested by permittee in the construction application dated November 12, 2002J 1.3 '. "Yisible Emission Outside of Start Up; Visible emissions shaH comply with the foHowing limitations: · Outside of startup periods, no visible emission (5 percent opacity or less) shaH be allowed, except that an opacity of up to 20 percent shall be pemitted for not more than three minutes in anyone hour. [Rule 62-296.401(7), F.A.C.] + The opac'ity limitation is 10 percent (6-minute average) [40 CFR 60, Subpart CCCC, adopted and incorporated by reference in Rule 62-204.800(8)(b)74., F.A.C.) {Permitting note Compliance with the following will comply with both the State and Federal opacity limitations above: Outside of startup visible emissions shall not exceed 5% opacity (6 minute average) except that an opacity of 20% is allowedfor up to 3 minutes each hour, as long as the 6- minute period containing the 3- minute exception does not exceed 10% opacity.} 1.4 Visible Emission During Start Up: During startup periods, which shaH not exceed the first 30 minutes of operation, an opacity of up to 35 percent (six-minute average) shaH be allowed. [Rule 62-296.401(7)(b) and 40CFR 60.2250(2)J 1.5 " Malfunctions: · Except during malfunctions, the requirements of subpart CCCC apply at all times, and each malfunction must not exceed 3 hours. [40CFR 60.2250(b)1 · The general excess emissions rule, Rule 62-210.700, F.A.C., to handle startups, shutdowns, and malfunctions, shall not apply to air curtain incinerators. [Rule 62-296.40 I (7)(c), F.A.C.J {Permitting note: Compliance with the State opacity /imitations, in 1.3 and 1.4 above, is required during startups, shutdowns and malfunctions.} Pemitted Burning Rate: The pennittee shall not burn more than 15.0 tons of wood waste per hour. fR·l. .2-2......(7)(1. F.A.C..d R...~t... by ...mU'" ;D th. .DD......... .pp.....D d..... N0'(7TîJ \, ¿ '~ Page 60f9 .. .. .. ~' Treasure Coast land Clearing, Inc. Treasure Coast Tractor Service, Inc Permit Number 1110107-002-AC 1.7 III 1.8 .. 1.9 .. l.l0 .. l.ll lilt .. Ll2 i- Ll3 .. Ll4 .. l.l5 ... l.l6 L. ~ .. Material Bumed: The only materials that can be burned in. an air curtain incinerator are wood wastes consisting of trees, logs, large brush, stumps relatively free of soil, unbagged leaves and yard trash, tree surgeon debris, and clean dry lumber such as pallets. [Rule 62-296.401(7)(e), F.A.e.1 Prohibited Material: The buf!!ing of sawdust, paper, trash, tires, garbage, plastics, liquid wastes, chemically treated or painted wood, and other similar materials is expressly prohibited. [Rule62-296.401 (7)(f), F.A.e.] Starting Fuel; Only virgin oil, natural gas, or liquefied petroleum gas may be used to start the fire. The use of waste oil, chemicals, gasoline, 'ôr tires is expressly prohibited. [Rule 62-296.401(7)(g)"F.A.e.] Startup/Shut Down: In no case shall an air curtain incinerator be stalted before sunrise, charging must have completely stopped before sunset. [R.ule 62-296.401(7)(h), F.A.e.1 loading before Shut Down: In order to ensure the visible emission limitations are not exceeded and objectionabl~ odors are not generated, the air curtain incinerator's fan shall continue to operate after the last charge of each day t:r¡til ¡'¡¡ '~ümbèl~tion h::s c~~sed. For purposes of this condition, "coml~t!stjon" n~'~~m tLc presence of any flames or smoke thai causes a vis¡bie emission greater than 5% op<icity. [Rules 62-4.070(3), F.A.e. & 62-210.200(278), Definition of Visible Emission] location: The air curtain incinerator must be located at least three hundred (300) feet from any pre-existing occupied building located off site. )RUle 296.401(7)0>, F.A.e.] The material shall not be loaded into the air curtain incinerator such that it will protrude above the air curtain. [Rule 62-296.401(7)(1), F.A.e.1 Ash Height: Ash shall not be allowed to build up in the pit to higher than II3 the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. [Rule 62-296.401(7)(m), F.A.e.1 Operation and Maintenance Guide and Operator Training: A detailed operation and maintenance guide must be available to the operators at all times, and the permittee must provide the proper training to all operators before they work at the incinerator. The Department may request a copy of this guide. [Rule 62-296.401)(7)(n), F.A.e.] Each trained operator shall receive a certificate demonstrating that the operator has successfully passed the training required by the operation and maintenance guide. During the tenure of the operator, a copy of this certificate shaH be kept on fiI~ at the facility and be made available to the Department upon request. [Rule 62-4.070(3), F.A.q 2.1 2.0 Compliance Monitoring and Testing Requirements I. Test Results: You must submit the results of the initial opacity tests no later than 60 days following the initial test. Submit annual opacity test results within 12 months following the previous report. [40 ern 60.22SS(d)1 2.2 Submit initial and annual opacity test reports as electronic or paper copy on or before the applicable submittal date. [40 eFR 60.2260(e)1 .. ÎIIIt (lr;) .. Page 70f9 .... ~ II. ... ... -- .. ~ !' ~ IIa ... ... 3.3 .. .. W< .. .. .. .. ... / Treasure Coast Land Clearing, Inc. Treasure Coast Tractor Service, Inc Permit Number lI10107-002-AC 2.3 Test Methods and Procedures: · All emission tests performed pursuant to the requirements of Rule 62-296.40 I (7) shall comply with DEP Method 9 and the requirements of Chapter 62-297, F.A.C. [62-29].401(7)(0)]., F.A.C.) · Visible emission tests performed pursuant to 40 CFR 60.2255 shall comply with EPA Method 9, as described in 40 CFR 60 Appendix A~dopted and incorporated by reference at Rule 62-204.800(8), F.A.C. [40CFR 60.2255(a)] {Permitting note: Observations determined by DEP Method 9 may be used to demonstrate compliance with both Stale and Federal visible emission limitations.} Reporting and Reçord Keeping Requirements 3.0 3.1 The permittee shall provide written notification to the Air Compliance Section of the southeast District Office as follows: a. The date construction is commenced, postmarked no later than 30 days after such date, pursuant to 40 CFR 60.7(a)(I). b. The anticipated date of initial startup, postmarked not more than 60 days nor less than 30 days prior to such I date, pursuant 60 CFR 60.7(a)(2). c. The actual date of initial startup, postmarked within 15 days after such date, pursuant 40 CFR 60.7(a)(3). [40 CFR 60.7. 40 CFR 60.670(1), and Rule 62-204.800(8). F.A.c.) Daily Log: The permittee shall maintain a daily log and it shall include the following: 3.2 · Date of operation f Type of starter fuel '. Time of startup ~ Weight of material burned in tons per day, and how this rate was determined · Type of material burn~d · Description of maintenance work carried out on the incinerator · Time of shutdown · Comments · Operator's signature [Rules 62-4.070(3), F.A.C.] Monthly Log: By the tenth day of each month the permittee shall calculate and record in a monthly written log the following information: · Month of operation · Total number of days of operation for the month · Total We}ght of material burned in the month [Rules 62-4.070(3), F.A.C.l Page 8 of9 ... ;' .. Treasure Coast Land Clearing, Inc. Treasure Coast Tractor Service, Inc Pennit Number IlIOI07-002-AC ... 3.4 The pennittee shall maintain records of the occurrence and duration of any -startup, shutdown, or malfunction in the operation and shall keep records of the results of all initial and annual opacity tests, the records shall be kept onsite in either paper copy or electronic format, for at least five (5) years. These records shall be available to the permitting authority or for an inspector's onsite review upon request. (Rule 62-204.800(8), FA.C. aDd 40 CFR 60.7(b)1 ù .. !II. ... Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PR01ECTION .. ~~ Thomas Tittle District Air Program Administrator ~; OIJ :l,.~ast Distdç;t O/-27-o"} Date I .. .. ITILT/md cc: .. Mr. Stephen Smallwood, P.E. : Mr. Edward W. Becht, P.A. e-mail e-mail ssm97ra1comcastnet edbechtra1bechtlaw.com ï.. '- FILING AND ACKNOWLEDGMENT: FILED, on this date, pursuant to § 120.52(7), F.S., with the designated Dep~en~Clerk' ceipt ofwhic 's hereby acknow ged. l-( ~,/{. )-ø2?-¿?3 . . Clerk Date "- ~: .. r .. .. ... Page 90f9 (iff) L. .. .. .. ... l. III! 2. .. 3. till' ... 4. .. 5. .. .. 6. ... 7. "- II. t lilt 8. \: ~ \.. 9. ... ... .. / APPENDIX - A GENERAL CONDITIONS Pursuant Rule 62-4.160, Florida Administrative Code (F.A.C.): The tenns, conditions, requirements, limitations. and restrictions set forth in this pennit, are "pennit conditions" and are binding and enforceable pursuant to Sections 403.141,403.727, or 403.859- through 403.861, Florida Statutes (F.S.) The pennittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions. This pennit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deYiation from the approved drawings, exhibits, specifications, or conditions of this pennit may constitute grounds for revocation and enforcement action by the Department. As provided in subsectigns 403.987(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This pennit is not a waiver of or approval of any other department pennit that may be required for other aspects of the total project which are not addressed in this pennit. This pennit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and not constitute authority for the use of sUbmerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. I This penn it does not relieve the pennittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the pennittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. " Th~ pennittee shall properly operate and maintain the facility and systems of treatment and control (and related àppurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. The pennittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the pennitted activity is located or conducted to: a. Have access to and copy any records that must be kept under conditions ofthe permit; b. Inspect the facility, equipment, practices, or operations regulated or required under this pennit; and c. Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this penn it or Department rules. Reasonable time may depend on the nature of the concern being investigated. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information: a. A description of and cause of noncompliance; and b. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department Page I of2 (jjJ) ~ / .. APPENDIX - A GENERAL CONDITIONS CONTINUED: ilia may be used by the Department as evidence in any enforcement case involving the pennitted source arising under the Florida Statutes or Depa~ment rules, except where such use is prescribed by Sections 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. .. 10. The pennittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the pennittee does not waive any other rights granted by Florida Statutes or . Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Ru~ 62-302.500, F.A.C., s~all include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. .. ... I I. This pennit is transferable only upon Department approval in accordance with Rules 62-4. 120 and 62-730. 300, F.A.C., as applicable. Tne pennittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Depactmênt. 12. This permit or a copy thereof shall be kept at the work site of the pem1itted activity. .. 13. The pennittee shall comply with the following: ... a. Upon request, the pennittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipu13tcd by the Department. I b. The permiltec shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this pennit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule. lilt ..... "";:;/ c. Records of monitoring infonnation shall include: (I) The date, exact place, and time of sampling or measurements; (2) The person responsible for performing the sampling or measurements; (3) The dates analyses were perfonned; (4) The person responsible for perfonning the analyses; (5) The analytical techniques or methods used; (6) The results of such analyses. ... '- .. 14. When requested by the Department, the pennittee shall within a reasonable time fumish any infonnation required by law which is needed to detennine compliance with the pennit. If the pennittee becomes aware the relevant facts were not submitted or were incorrect in the pennit application or in any report to the Department, such facts or infonnation shall be corrected promptly. " L. Specific Authority 403..061,403.087,403.088 FS. Law Implemented 403.061,403.087,403. 088 FS. History- New 8-31-88, Amended 10-4-89, 7-11-93, Formerly 17-4. 160. í ~ .. '- .. Page 2 of2 ... .. / .. ía Treasure Coast Land Clearing, Inc. Permit Number 1110107-AC Appendix B .. Applicable parts of Subpart CCCC : Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for Which Construction is Commenced After November 30, 1999 or for Which Modification or Reconstruction is Commenced On or After June 1, 2001. ... [Last Updated: 3/27/01} {Source: Federal Register dated 12/1100. revised 3/27/01 to reflect 3/27/01 corrections.} Sec. tilt INTRODUCTION ¡ 60.2000 What does this subpart do? L 60.2005 When does this subpart become effective? APPLICABILITY '- 60.2010 Does this subpart apply to my incineration unit? 60.2015 What is a new incineration unit? 60.2020 What combustion units are exempt from this subpart? I .. AIR CURTAIN INCINERATORS III 60.2245 What is an air curtain incinerator? 60.2250 What are the emission limitations for air curtain incinerators? 60.2255 How;fuust I monitor opacity for air curtain incinerators? 60.2260 What are the recordkeeping and reporting requirements for air curtain incinerators? ~ .. DEFINITIONS 60.2265 What definitions must I know? .. .. ~ L ~ - Page I of8 r:;~--"~ V!V II. .. .. ... .... ... i.. .. ~: .. ... lit / Treasure Coast Land Clearing. Inc. Pennit Number I I 10 I 07-002-AC Appendix B INTRODUCTION ,s60.2000 What does this subpart do? This subpart establishes new source performance standards for commercial and industrial solid waste incineration (CISWI) units. &60.2005 When does this subpart t:ecome effective? This subpart takes effect on June 1, 2001. Some of the requirements in this subpart apply to planning the CISWI unit and must be completed even before construction is initiated on the CISWI unit (i.e., the preconstruction requirements in §§60.2045 and 60.2050). Other requirements such as the emission limitations and operating limits apply after the CISWI unit begins operation. APPLICABILITY &60.2010 Does this subpart apply to my incineration unit? Yes, if your incineration unit meets all the requirements specified in paragraphs (a) through (c) of this section. (a) Your incineration unit is a new incineration unit as defined in §60.2015. (b) Your incineration unit is a CISWI unit as defined in §60.2265. .. (c) You.. in~jneration unit is not exempt under §60.2020. &60.2015 What is a new incineration unit? .. - ... .. '- .. .. ... ... (a) A new incineration unit is an incineration unit that meets either of the two criteria specified in paragraph (a)(l) or (2) of this section. (I) Commenced construction after November 30, 1999. (2) Commenced reconstruction or modification on or after June I, 200 I. (b) This subpart does not affect your incineration unit if you make physical or operational changes to your incineration unit primarily to comply with the emission guidelines in subpart DDDD of this part (Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units). Such changes do not qualify as reconstruction or modification under this subpart. &60.2020 What combustion units are exempt from this subpart? This subpart exempts fifteen types of units described in paragraphs (a) through (0) of this section. (a) Pathological waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in §60.2265 are not subject to this subpart if you meet the two requirements specified in paragraphs (a)(l) and (2) of this section. (I) Notify the Administrator that the unit meets these criteria. (2) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit. Page 2 of8 ----.-.---- ! to) ~ .. I j Treasure Coast Land Clearing, Inc. .. Permit Number IIIOI07-002-AC '- .. .. t.. .... f ... .. La '- La '- ~ t:: ¡. ÌIIII '- .. Appendix B (b) Agricultural waste incineration units. Incineration units buming 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes as defined in §60.2265 are not subject to this subpart if you meet the two requirements specified in paragraphs (b)( I) and (2) of this section. (I) Notify the Administrator that the unit meets these criteria. (2) Keep records on a calendar qûarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit. (c) Municipal waste combustion units. Incineration units that meet either of the two criteria specified in paragraph (c)(I) or (2) of this section. _ . (1) Are regulated under-subpart Ea of this part (Standards ofPerfonnance for Municipal Waste Combustors); subpart Eb of this part (Standards ofPerfonnance for Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994); subpart AAAA of this part (Standards of Perfonnance for New Stationary Sources: Small Municipal Waste Combustion Units); or subpart BBBB of this part (Emission Guidelines for Existing Stationary Sources: Small Municipal Waste Combustion Units). (2) Bum greater than 30 percent municipal solid wasle or refuse-derived fuel, as defined in subpart Ea, subpart Eb, subpart AAAA, and subpart BBBB, and that have the capacity to bum less than 35 tons (32 megagrams) per day of municipal solid waste or refuse-derived fuel, if you meet the two requirements in paragraphs (c)(2)(i) and (ii) of this section. (i) Notify the Administrator that the unit meets these criteria. (ii) Keep records on a calendar quarter basis of the weight of municipal solid waste burned, and the weight of all other fuels and wastes burned in the unit. I (d) Medical waste incineration units. Incineration units regulated under subpart Ec of this part (Standards of PerfOmia~<:e'for Hospital/MedicaVlnfectious Waste Incinerators for Which Construction is Commenced After June 20, 1996). (e) 'Small power production facilities. Units that meet the three requirements specified in paragraphs (e)(\) through (3) of this section. (1) The unit qualifies as a small power-production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C.796(17)(C». (2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity. (3) You notify the Administrator that the unit meets all of these criteria. (f) Cogeneration facilities. Units that meet the three requirements specified in paragraphs (f)(I) through (3) of this section. (1) The unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.c. 796(18)(B». (2) The unit bums homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other fonns of energy uSËd for industrial, commercial, heating, or cooling purposes. (3) You notify the Administrator that the unit meets all of these criteria. (g) Hazardous waste combustion units. Units that meet either of the two criteria specified in paragraph (g)(I) or (2) of this section. (I) Units for which you are required to get a pennit under section 3005 of the Solid Waste Disposal Act. (2) Units regulated under subpart EEE of 40 CFR part 63 (National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors). (h) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters. Page 3 of8 (Q/? ... ... ... ... ¡.. .... ... h .. i. ~ I.. \. ~ .. ~ ìa .. La ... .. ./ Treasure Coast Land Clearing. Inc. Pemit Number lII0107-002-AC Appendix B (i) Air curtain incinerators. Air curtain incinerators that burn only the materials listed in paragraphs (i)(l) through (3) of this section are only required to meet the requirements under" Air Curtain Incinerators" (§§60.2245 through 60.2260). (1) 100 percent wood waste. ~ (2) 100 percent clean lumber. (3) 100 percent mixture of only wood waste, clean lumber, and/or yard waste. (j) Cyclonic barrel burners. (k) Rack. part. and drum redamation units. (I) Cement kilns. (m) Sewage sludge incinerators. Incineration units regulated under subpart 0 of this part (Standards of Performance for Sewage Treatment Plants). (n) Chemical recovery units. Combustion units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds. The seven types of units described in paragraphs (n)(1) through (7) of this section are considered chemical recovery units. (I) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process. ., (2»):Jnits burning only spent sulfuric acid used to produce virgin sulfuric acid. (3) Units burning only wood or coal feedstock for the production of charcoal. (4) Units burning only manufacturing byproduct streams/residues containing catalyst metals which are reclaimed and reused as catalysts or used to produce commercial grade catalysts. (5) Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds. (6) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases for use in other manufacturing processes. (7) Units burning only photographic film to recover silver. (0) Laboratory Analvsis Units. Units that bum samples of materials for the purpose of chemical or physical analysis. AIR CURTAIN INCINERATORS &60.2245 What is an air curtain incinerator? (a) An air curtain incinerator operates by forcefully projecting a curtain of air across an open chamber or open pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass bum, modular, and fluidized bed combustors.) (b) Air curtain incinerators that bum only the materials listed in paragraphs (b)(l) through (3) of this section are only required to meet the requirements under "Air Curtain Incinerators" (§§60.2245 through 60.2260). (1) 100 percent wood waste. (2) 100 percent clean lumber. Page 4 of8 \ -- ~ ÌIIII ~;: .. Treasure Coast Land Clearing, Inc. Pennit Number lII0107-002-AC App-endix B ¡. (3) 100 percent mixture of only wood waste, clean lumber, and/or yard waste. &60.2250 What are the emission limitations for air curtain incinerators? .. (a) Within 60 days after your air curtain incinerator reaches the charge rate at which it wiII operate, but no later than 180 days after its initial startup, you must meet the two limitations specified in paragraphs (a)(1) and (2) ofthis section. (1) The opacity Ii,mitation is 10 percent (6-minute average), except as described in paragraph (a)(2) of this ¡. section. (2) The opacity limitatiçmîs 35 percent (6_minute average) during the startup period that is within the first 30 minutes of operation. -- ... (b) Except during malfunctions, the requirements of this subpart apply at all times, and each malfunction must not exceed 3 hours.. ¡. &60.2255 How must 1 monitor opacity for air curtain incinerators? I (a) Use Method 9 of appendix A of this part to determine compliance with the opacity limitation. ~ .. (b) Conduct an initial test for opacity as specified in §60.8. .. (c) After the initial test for opacity, conduct annual tests no more than 12 calendar months following the date of your previous test. " --./ &60.2260 What are the recordkeeping and reporting requirements for air curtain incinerators? L. (a) ·Prior to commencing construction on your air curtain incinerator, submit the three items described in paragraphs (a)(1) through (3) of this section. (1) Notification of your intent to construct the air curtain incinerators. (2) Your planned initial startup date. (3) Types of materials you plan to bum in your air curtain incinerator. ... (b) Keep records of results of all initial and annual opacity tests onsite in either paper copy or electronic format, unless the Administrator approves another format, for at least 5 years. Ìi. (c) Make all records available for submittal to the Administrator or for an inspector's on site review. ~ (d) You must submit the results (each 6-minute average) of the initial opacity tests no later than 60 days following the initial test. Submit annual opacity test results within 12 months following the previous report. (e) Submit initial and annual opacity test reports as electronic or paper copy on or before the applicable submittal date. La (f) Keep a copy of the initial and annual reports onsite for a period of 5 years. DEFINITIONS La &60.2265 What definitions must I know? i.. Terms used but not defined in this subpart are defined in the Clean Air Act and subpart A (General Provisions) of this part. Page 5 of8 ~ It. ~ , .. .... ... .. .. .. .. .. L i. '- I.. ~ La ¡ .. ~. .. ... ... / Treasure Coast Land Clearing. Inc. Pennit Number IIIOI07-002-AC Appendix B Administrator means the Administrator of the U.S. Environmental Protection Agency or his/her authorized representative or Administrator of a State Air Pollution Control Agency. Agricultural waste means vegetative agricultural materials such as nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds, and other vegetative waste materials generated as a r~ult of agricultural operations. Air curtain incinerator means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and fl09r. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.) Auxiliary fuel means-nafural gas, liquified petroleum gas, fuel oil, or diesel fuel. . Bag leak detection system means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (i.e., baghouse) in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light transmittance, or other principle to monitor relative particulåte matter loadings. Calendar quarter means three consecutive months (nonoverlapping) beginning on: January 1, April 1, July I, or October 1. Calendar year means 365 consecutive days starting on January 1 and ending on December 31. Chemotherapeutic waste means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. Clean lumber means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln- dried wood products. Clean lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote. Commercial and industrial solid waste incineration (CISWn unit means any combustion device that combusts commercial 'ánd industrial waste, as defined in this subpart. The boundaries of a CISWI unit are defined as, but not limited to, the commercial or industrial solid waste fuel feed system, grate system, flue gas system, and bottom ash. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit boundary starts at the commercial and industrial solid waste hopper (if applicable) and extends through two areas: (1) The combustion unit flue gas system, which ends immediately after the last combustion chamber. (2) The combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system. Commercial and industrial waste means solid waste combusted in an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility (including field-erected, modular, and custom built incineration units operating with starved or excess air), or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility. Contained gaseous material means gases that are in a container when that container is combusted. Cvclonic barrel burner means a combustion device for waste materials that is attached to a 55 gallon, open-head drum. The device consists of a lid, which fits onto and encloses the drum, and a blower that forces combustion air into the drum in a cyclonic manner to enhance the mixing of waste material and air. Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart. including but not limited to any emission limitation, operating limit, or operator qualification and accessibility requirements; (2) Fails to meet any tenn or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating pennit for any affected source required to obtain such a penn it; or Page 60f8 (Ii;; . .. ... .... .. ~ .. .. ¡ .. II. ~ Ii. .. .. ki .. . ... Ii. f II. L. ... i ... I ~ Treasure Coast Land Clearing, Inc. Pennit Number 1110107-002-AC Appendix B (3) Fails to meet any emission limitation, operating limit, or operator qualification and accessibility requirement in this subpart during startup, shutdown, or malfunction, regardless or whether or not such failure is pennitted by this subpart. - Dioxinslfurans means tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans. Discard means, for purposes of tills subpart and 40 CFR p"art 60, subpart DDDD, only, burned in an incineration unit without energy recovery. Drum reclamation unit means a unit that bums residues out of drums (e.g., 55 gallon drums) so that the drums can be reused. Energv recovery means th~ process of recovering thennal energy from combustion for useful purposes such as steam generation or process heatng-. " . Fabric filter means án add_on air pollution control device used to capture particulate matter by filtering gas streams through filter media, also known as a baghouse. Low-level radioactive waste means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable Federal or State standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 V.S.C. 2014(e)(2)). Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a nonnal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. Modification or modified CISWl unit means a CISWI unit you have changed later than June I, 200 I and that meets one of two criteria: (1) The cumulative cost of the changes over the life of the unit exceeds 50 percent of the original cost of building and installing the CISWI unit (not including the cost ofland) updated to current costs (current dollars). To detennirïe \Vlíat systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit. (2) Any physical change in the CISWI unit or change in the method of operating it that increases the amount of any air pollutant emitted for which section 129 or section III of the Clean Air Act has established standards. Part reclamation unit means a unit that bums coatings off parts (e.g., tools, equipment) so that the parts can be reconditioned and reused. Particulate matter means total particulate matter emitted from CISWI units as measured by Method 5 or Method 29 of appendix A of this part. Pathological waste means waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable). Rack reclamation unit means a unit that bums the coatings off racks used to hold small items for application of a coating. The unit bums the coating overspray óffthe rack so the rack can be reused. Reconstruction means rebuilding a CISWI unit and meeting two criteria: (1) The reconstruction begins on or after June 1,2001. (2) The cumulative cost of the construction over the life of the incineration unit exceeds 50 percent of the original cost of building and installing the CISWI unit (not including land) updated to current costs (current dollars). To detennine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit. Refuse derived fuel means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel including two fuels: (1) Low-density fluff refuse-derived fuel through densified refuse-derived fuel. (2) Pelletized refuse-derived fuel. Shutdown means the period oftime after all waste has been combusted in the primary chamber. Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, agricultural operations, and from community activities, but does not Page 70f8 I ia. " ... Treasure Coast Land Clearing, Inc. ¡.. Permit Number 1110107 -002-AC App~ndix B .. include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to pennits under section 402 of the Federal Water Pollution Control Act, as amended (26 Stat. 880), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). For purposes of this subpart and 40 CFR part 60, subpart DDDD, only, solid waste does not include the waste burned in the fifféen types of units described in §60.2020. Standard conditions. when referring to units of measure, means a temperature of 680F (200C) and a pressure of 1 atmosphere (101.3 kilopascals). Startup period means the period of time between the activation of the system and the first charge to the unit. Wet scrubber means an add-on air pollution control device that utilizes an aqueous or alkaline scrubbing liquor to collect particulate matter (il)cIuding nonvaporous metals and condensed organics) and/or,to absorb and neutralize acid gases. Wood waste means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include: (I) Grass, grass clippings, bushes, shrubs, and clippings trom bushes and shrubs from residential, commerciaVretail, institutional, or industrial sources as part of maintaining yards or other private or public lands. (2) Construction, renovation, or demolition wastes. (3) Clean lumber. I ... .. .. ¡.. ... ... ./" I: '- ¡. Ii. ¡.. L L i.. Page 8 of8 (íj]; ... 't .. Edward W. Becht, PA II.. ~ìan 23 03 04: 3210 ... .. E ÌIIII I.. í ... II.. iI. L. .. [, , .. ... ÌIIII i.. I ~ ¡ ... lit. ... .... (561J465-ESOS p. 1 Edward W. Becht, P.A. ATIORNEY AT LAW Post Office Box 2746 (34954) 321 South Second Street (34950) Fort Pierce, Florida Telephone: 772-465-5500 Fax: 772-465-8909 January 29,2003 VIA FACSIMILE TRANSMITTAL at 772/462-1148 Mr. Ray Wazny, Public Works Director 81. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34981 Re: Treasure Coast Land Clearing and Treasure Coast Tractor Se" ice DEP Permit No: 1110107-002-AC Dear Ray: I am hopeful that you have already received a copy of the DEP Permit in regard to the abl)ve- captioned matter. It was e-mailed to me on Monday evening, and it was suppa ,ed to be hand- delivered to you today. As the DEP Permit has been issued, I am hopeful that you can immediately lif1 the Stop Work Order. If there are any problems with lifting the Stop Work Order, I would ask' hat you identify those problems in writing so that they may be remedied immediately. As alway:;, thank YOI! for your prompt and courteous attention to this matter. Edward Very truly ~ EWB/jef cc: Treasure Coast Land Clearing Treasure Coast Tractor Service Mr. Dennis Murphy JAN29' (l i) / .. ... .. ... January 29, 2003 F ... Mr. Orrin Lawrence Vickers 1210 Pulitzer Road Ft. Pierce, FL 34945 ... ... ! i.. L .. ~ L. i. t ¡ .. ~ .. t ... ¡ III. ... ~' ... Subject: Treasure Coast Tractor - Major Adjustment to an Existing Conditional Use Dear Mr. Vickers: A preliminary review of the materials submitted to St. Lucie County indicates that the submitted application is incomplete. In order for the application to be considered complete the following items must be submitted: · The application indicates that John Talley is one of the property owners yet the signature is not notarized please revise the application to include a notarized signature for John Talley. · Please include the legal description for both parcels as well as the parent parcel. This information is necessary for any Development Order that may be granted for this project. · Please provide a site plan indicating where on the site the existing air curtain burner is located and where the proposed air curtain burner will be located, as well as depicting access to the proposed property. · Please provide a copy of the FDEP Permit that allows for operation of two air curtain burners. · Please provide written verification from the County, FDEP and the Dept. of Forestry that all code violation issues have been solved. · Please provide an Air Quality Report depicting existing conditions with one air curtain incinerator and the proposed air quality and subsequent impacts to the air with the additional proposed air curtain incinerator. · Please provide a detail sheet on the proposed type of air curtain burner Il~ \. " Ii. January 29, 2003 Page 2 Treasure Coast Tractor Conditional Use ... . Please provide written details on how the burner will be operated (certifications etc.) this information is necessary in order to review whether or not the area is suitable for two air curtain burners. ... ~: ... . Check for $325.00 ill. Transmittal of this application for Development Review Committee review cannot occur until the application is found to be complete. Please submit the above referenced required materials. ;:; .. Sincerely, .. l Dennis Murphy, AICP Community Development Director i ... Cc: File .. ¡ '- La ... ... .. b .. ... ... ({ ~--- . (:IV " ../ "~ .. ... ¡.. BOARD OF COUNTY ... COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDmSON '- February 14, 2005 ~ ¡ '- John Tally Treasure Coast Land Clearing P.O. Box 1132 Fort Pierce, FL. 34954 ... Dear Mr. Tally: lilt Thank you for your letter of February 1,2005 concerning operating an air curtain incinerator on the Orange Avenue property. .. .. The hours of operation authorized by the Board of County Commissioners will be from 7:00 a.m. to 5:00 p.m., Monday-Friday. The ignition of the combustion fires may not occur before 9:00 a.m. and must be extinguished one hour before sunset. Hours of operation authorized by the Board of County Commissioners must be adhered to. The state of emergency declaration applies to government entities conducting public works projects. It does not apply to private landowners or private contractors. ... If you have any questions please call me at 462-1452. '- .. c: Board of ounty Commissioners Douglas M. Anderson, County Administrator Dan McIntyre, County Attorney Faye Outlaw, Assistant County Administrator Katherine McKenzie-Smith, Assistant County Attorney Dennis Grim, Code Compliance Manager Charlie Wenzel, Code Enforcement Officer -~~ (¡3ð) \",,' / . DOUG COWARD. District No 2 . PAULA A. LEWIS. District No. J . FRANNIE HUTCHINSÒ~ . CHRIS CRAFT. D,strict NO.5 County Administrotor - Douglos M. Anderson II. ¡ .. '- ... f .. JOSEPH E. SMITH. District No.1 L. 2300 Virginia Avenue. Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us web site: www.co.st-Iucie.fl.us Ma 03 06:52p Edward W. Becht, PA (772)465-8909 p. 1 II. JP-~/ð j BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT ... ... ~~ 2/20/03 .. Edward W. Becht, P.A. 321 South Second Street Ft Pierce, FL 34950 i.. .. Re: Treasure Coast Land Clearing ¡. Dear Mr. Becht: ... I am writing in response to your letter I received last week. The stop work order that was placed on the property has been lifted but there is the matter of the $100.00 fee for the order. This amount needs to be paid in the building depætment. ¡- II. If you have any further questions, please give me a call. .. .. Sincerely" . rfJ ¡11lf//u-f,Íe þkj-tc (Iq!- Michelle Prestridge ð Code Enforcement Officer ... ... :) - \ q .r () :) ¡)1 C't."G. t d ~)\J' c: /)-l, t .. ... r¡ :¡J) \ ,¡ /' '~/ JOHN D. ßJ\UHN. Disrricr No.1 . DOUG COWAJ\D. Disrricr No 2 . PAULA A. LEWIS. Disrricr No. J . FRANNIE HUTCHINSON, Dísrflcr No.4' CLIFF ßAJ\NE5. Dlsrrlcr No.5 Counry Adminisrraror . Dougl05 M. Anderson 2300 Virginia Avenue · Ft, Pierce, FL .34982 Public Worl~s: (561) 462-1485 · FAX (561) 462-2.362 Division of Engineering: (561) 462-1707 Fox 462-2J62 · Division of Rood & ßridge: (561) 462-2511 FAX 462-2J63 Division of Solid Waste: (561) 462-1768 FAX 462-6987 Division of ßuildíng & Inspections: (561) 462-1553 Fox 462-1735 . TOD (561) 4tJ?-14?A ~ ... 4/9/03 ORANGE AVE 4/9/03 Orangeave 4/9103 ORANGE 4/9/03 ORANGE AVE L ... .. ... t ... '- ~ .. L .. ~, .. ¡. .. .. & '- ~ .. :1 t¡ .. ... . ... ... 1 Department of Environmental Protection FRCt-1 ADAt·1S RAt~a-i INC 772 461 6874 P.2 -------,,- ....-----......_-- SOutnl'ast District 400 N. congrm Ave. suite 200 west palm eeach, FlorIØa 33401 David ß. StrUM. Secretary Jeb Bush Govemor May 1.2003 ELECTRONIC CO.AA£SPO:-lPENCE DA ·VTcrs~ )l.eom In tbe MaUçf of "" Application for Permil by: MI. 1.3w",oce Vickers Precidenl Treasun: Coast Tr;oCtor Service. Ino 2\ 0 Pulitzer Road I'on Pierce, PL 3494S DEPFilcNo.IIIOIlð.œI·AC St- Lucie County 'r;;>jccr Air Curtain Ind1lotalOI fN1ENT TO ISSUE p~ Mr. Viclœrs: The Dcpartment of Em'ironroental Prote<:tioa give. noti~ of Its inlenl to i~~ a pennit (COpy 1l11e1led) fer tho proposed ¡:Iojcct as detail"¡ in rhe .ppliattion $p<'cified abo~·e. for the reasons slAlccI below. ^ c<>py of 11:. dr.r. pemút is attached. The opp1ic~ Mr. LawlCIlce Vickeri, & plied 011 Aprilll. 2002. 10 tho Depal'lmellt ofElt"ironmental Protccrion for a permit to CQl\$tr~ct an air pollution source consisting of an Air COOain Incim:rlttOr. This f&cUity Î$loc.ted at: We" ofSnecd !toad/SOUth side of OrallS" A\oetIue. Fort Picn:e, SI. Lucie County, Florida. Thc DcpaJtll'oeot ~"'" pc:n'rJning junsdiction under Section 403.087. Florida StaNIit. (f.S.). to issue or den} pennil$ fðr air ponution COW'Ce$. The prc~:ct is nol c)tempt from pennitting procedures. The Department ÀIIS delermlnd that III air pollutlOD :Oll6lNCtion pmt h RGIlÌOO for the Pl'OI'ù'td wOlk. The DCµartJncnt in\~ds to inuo this air ecmtrUCIion permit based œ Floridt. Administraúve Code (FAC) Rules 62-4. and 62·204 throo¡:h 62.297, and the bel1:f",osoooble assuranœs ÍIavc be9 ptovidtd to ¡".¡;..tt III. proposed I'",ject "i" 11<11 adverse." im¡:>act ail Quality. Pu"....nt to Section 403.&15, F ~~.....d Rule 62-110.1 06(7)(a)I, F.A.C..)'W (Ilk! applicant) Ite rðl Uircd '" publi,;h at your own expcnK the cnc!œed "Public Notice of Intent to Issue Air ConstruelÌon Permit". The nolic:e dtaI! ~ publisbed ODe tiroe only. in the Jegal advertisemcQt section of a nOW!;?&per of ge~1 eir...lalion in tbe area IlÏl<di'cI. Rule 62·11 0.106(7)(b). F.A.C. requirel that 11'.. applicant cawe the nolice to be rub1i,hcd ,; loon as ponible afternoúllcalion by tlte Department ~¡f$ in!tftdtd a~tion. FOllhe pIJIpoSc oftt:csc Nles, .publicatlon in a new.pap:: of eenoral ci(Ç\ la1ion in the Mea amca:d' mt:w publi..ùec in a newspaper moeting Ih. reqlôircmcnls of S.crions 50.011 and SO.031. '.S.. in the eount)' "'-'litre Ihe SCIMty Is 10 take place. If you 1\1" uncertain tbQ( a n.....spaper meets lhC$e rcquiremctlt!l. pleßIe contact the Air PermlllÍna Section of the DepatUneI1t at ,... addras or ¡elephonc numbç, !Luccl beiow. The applicant shall p,,-wiòe proof ~fpub1ic4don to the Air Permlttln¡ ~!Íon oFtbe Depmmttlt orS¡noilOMle!ltal Protectloo. Ir 400 :--/0!Ù1 C<mçress ,\ venue. Suit:: 200. W UI Palm Beach. Florida 3340 I. (T elephoM S61-<\81-MOO; Fax 561-681-6790). You C1\j$( provide proof of publicarion within SCV1tl1 da~. ofpublicIttÍO<'.. poII'SlIðnt to Ru!e62-IIO.lCl6(S). FA.C. No perrnillin& atticn for ,,'hicb put>1iÙled Do:Otice is "quirtd shall be glanled until proof of pnblicarion ofnotioe is made by bmioh~ a uolfonn affi~avit in sul>S'..nlial1y the form pre$cribcd in ..etion SO.OS1. F.S. 10 lb. òffic. ot'the Dcpartnle¡rt ÚI.uing the per:nll. Failure 10 publish the notice and J:'wvidc prOOf (or publication may le~U'1 in the derJaJ ofthe ~nD!t pUt>uanlto Ru!e. 62·1\0.106(9) &. (I n. f.A.C. Tbe Department ",';11 ;5."". the futi! permit with the artach<:d """¡'íiðttt umess a I~ODSC ttC1!iv:d in accordance with Ihe io;¡owinr; procedüt~ te$ults in . diff'>:fer.t d~cisioo or sigctrtearit ch.ingc or tareS or condltions.. no Department ..-illlcet,1 wlinen comrr..nra concemme Ihe prO )olcd pcnnir issuance ICtitnl ior a ;>etiòÓ of 14 (fo~necr.) dl)l& from the dale of publication of "Public Notice of Intent 10 Issue Air C~nstruclion 'ennit" Wrir.cn comment, ,hould be J'rO'Vide~ ro tho Air rormitting SðcIÌOI: oft!", Doporlm>'1\t's SO'Jtneast District Office. 4Q() Nortb Conen:~s Avenu~. Suht 200, Wm Palm 'Bea:;'. p¡oddl ~.HOI. ../v:o;~ Protc~(¡OlJ, L~.ss ;:r'c~s5" P""lod .. rreyck.1 þØÇ1<" (Ii?' .--y ......-.. -...,_..~ """""'If\..rI·l ~I"'- ".c:: 04CI 00/4 P.3 L f M. .. TrCIISure ç",ut Tnoctor Ser.icc, Ine. DEP File Number I' JOIIO-OOI.....C p~ 2 00 An~' "",iU"" eommen's filed shell be made available for KJI>Ii. inspcc'ion. If wrilten commo:t\ts r=ivt:d IOsul, in . signlfltllnt ch.nge in the pt"OIiOSed ~ .etion..ihe Depe¡tmonl ,halJ ",vise tbo pJOposcd permil and rcquiu. If applicable, anOCher I'\Iblic NotÎ:.r. í. The Depattmenl will i~sue the pcm>it with l!Ie ana.bed eonditkln$ unlen I timely p<:tltiOll for In administrative heating ìs filed par¡I"",t 10 sections 120.569 Ind 120.57 F.S.. bt.forc tile deadline ior filing a pothioR. Tho p!OCt-du"", pctitlon~ (ot a boarin& Irc..t Ibrth bdow. í ... A pel'Scn whoao ."bslDntial Interests ore affected by 111. Dcpar1menl's proposed pennirJng decicioD may petition for all adcninistratiw procecd.¡'Ig (hearing) under secllons 120.569 ar.d 120.57 oitho Florld~'s SUlUtcs. TJo.t peri,ion mus' eontair.1I1c infomwlon sCI rorth I>\!low Ind trlust 'oç med (r.ceived) In tho Office of OtIIer.1 Coun..1 of tbe Dc:paruncnt .t 3900 Cr>rnltlUlWulth Boule....n1. Mail SlItI:In 35, TalW>assee, I'i<>rida 32399· 3000. Pctltloos filed by tho permit ap )lic;aøt or any of:he panics lilted bolo... mUSt be med wld1ln fWl10ðn dayJ orreeDips of tbis nod... of it"ent. Pelition. filed b)' ",y persons other than tI)oso c:ntllkd to written /1Oti~ unðo:r ¡ec o. 120.60(3) ofCle FI~rida S131U1CS must I>\! filed within fourteen days of publicaUOII of the public; DO:!eo or within rourletn dA)'s o( n:çeipl ortbis notic: of Inrmt, \Vbicec\'CI occurs first. Under .o:çtÍon 120.6O(3). hO",,,,'ÇT. any person wl:o uIcod tho Dcpanrn:t 1 fOl' DOtiee of aeeDO)' action mil)' file a petirion within Ïoorteen èays or IUcipt onlm notice. r:gardtcss of die dale at publicaûon, A petitioner shall mlil II c~' of the petition 10 lbe applicant al tl:e IddrtU ludlcatedabove. III the time of (¡ling. Tho failur. of 1In)' person to me. petition ",ithin the <Wropßatc time period sbllll constitute a WJlln; oftJw PCIWD'£ ri¡llt to request sr. .dmini.tratlve delotmhn!ÎOII (hcorina) under section. 120.S6~ and 120.~7 F.S~ or 10 inlCIWne i. IIIIs proceeding .nd participate as . ¡wtty to It. Any ,,,bceq'~cnt intetvCll1Ï011 will be onIYa1 tho approv.1 <If the rr.,idin& officer upon 1he filing of II madon in complionce wit)¡ Rule 28·106.205 of Ih< florida Administrative Code. 1.. f. La A pelition IluIt displllcs 1I'.c material r",1s on which tho Deparonelll'slltCion i.\ based tmISt contain lbe rollowing i.rúr!nalion: (a) The nll7le 3I!d addr.ess oieach a¡ene)' QfÏwcd a:td eacb .scney·s file or identlfiç¡ tion number, ¡fknown; (b) The name. ¡¿dress, and telepbone nurcber of tho: petitioner. the...me, addre... and telephone numb« cot,e petitioner's rcpresenuln". if any. ...hicll sh.U be ~ .tddross (or ..",ice pw'JIOSCS dorin¡ lIIe coune of lite proceeding; OJI~ an C1lplanatian of how the petitioner's subSlaotial intere$t. wlU be affected by the ageftey dctc:rrninari~n; (e) A Stll=melll or how and when petÌliOS1Crrccei~cd,lIOtl<:c of the agon:.y action or propouxl aclion; (d) A Stlll:l!ICI1t ofall dÎ>puted mucI of material fact. If the", .1'11 nooe. die petition mçsr &0 indicale; (0) A concise statement of tile ultimate facts al1egccl. as well as tl>\! rul.. and .ialUlC....1ùcn enlitlo t.\¡e petidonu to reU:f; and (t) A dem.wt (or ",lier. ^' J'C'ìlion that do<c not dispute tho mal.,.lal tàct5 upon w1ùeh tte Oe¡:wnc:nt·. acdoD is !med shall stale lhat no _h facts = in dispute IInå otherwise shall contailllhc same infonnarion... set form.bov", a:J required by Rule U·I06.}OI. L. ~; .... B¢CI1IJSC tho e.dministnUi\"e hearing pIOCOS' is dui¡ncd to formulAte flJlllJ lI&eJIO)' action. lhe filiII¡ of. ~tiOll means that rI>c: ~¡wtm,,"rf final actioD may be dJrfercm t!om the position taken by it in this notico. Persons wh¢se subttan!ia! inlerestll will be affected ¡,oj .ny sucb tinal decision of the C>eparttnçz1t on the applieAtioD be"e the rishl to petition to b".omt. pI:!)" 10 IIIe prococding. in aecorðance with the "'Guiremcn" set forth above. ~i If ... Medinlion is oot.vail.ble ir. this proccedir.g. t .. In .ddllÍOJ\ to the above. a :>eo''''' subjccl to reg\:Jlti<m hu I ng/tl 10 apply for . variar.cc from or ",'aiver of It. ",.quire""'QIS of punieulllf ~JJe.. On certain conditions, und;;:r section I ~O.S42. F.S. Tht ",lief provided b-.r !!lis Slale Slatul<: app1iC$ only to state nolel, not """,te.. led nOt to any federal rc¡¡ulaIN)' requirements. r\ppl~ing fur a \"arÍet1ce or waiver does not substitute or extend the Ii/IIC fer fiUnK II FetitiOll for,," adtninistrati\'C h:uin~ or e~erci,ing any crther right thai a pcrnon may have io rtlaóon to the ....otio. proposed in .bi~ notl~ of inten:. The application for a YJr:a.~oe or ",.¡ver is made by illmg a petition ...irb «he Oiücc of Ganem Coun~ of L"e DtpDrtIr.enl, 3900 Commonwealth Boulevard, M~11 Statier. 3'. Tal1.~...see. Florid. 32399.3000.Tbe ~ulion must specify the foiJo....¡~& informltion: (,,) Tl:e ""me, add!!'... and rdcpltone number .fthe petitioner; (b) The name. 0Iddress. sn<I lelephone number afthe atlprnC)' t'( 'ualifieð rcp~"tnliv. oflt.o petitioner. if >ny: (c) Each role or portion of. nile from wbid! a varj¡.1C.cor ""i,,,r i. reqUð$1ed: (d) The cit.!i01\ 10 the .!.;t.U' unóerlying (implemcnt"" by) rhe Nle identified in (0) aoove; (oJ The type "r ;r.tion "'q""slod: (f) The speeitie facIS mat would justify . Y:I..';oneeor w~¡\'<r for the petitioner; (g) Th. r.a.oo why It.e \"I",,"ee or ",civcr "'ou!ci ;¡c....elhe F'Jtposes of the ur.cierl};r.g statute (im"I:~1Íed b"J the (ule); und 01) A $tDIè'Jtlen~ "A!hc1:her me Y3na!1Ce orwil~\'er lS ~rmaJ\ent or ~tmport&1Y and.. ¡(temporary, '" Ult.ter.u:-r¡1 òf the dates sbowicg the: (1l,mttion .,f Ih~ vanar.cC' or w,Ü\'er rc:qu~'"te~ k .. L. The D.:partment ",iI, grant a v ",ianco or wðlver whe" the pcrillon deT.Onst'-~ltS both that rhe aP!'li~ioD of the rule would create . ,..batanri.1 :,ordship or violot< prÌ1lCipl.. or ï1Ím:s.. a. each or.h<>Se terms ìj èefillCd in section 12Q.S42(2), P.S.. ..~.i that tit<: p'.rpc,", of~t underlying ,tatute wiH be "Of hus bec;n achieved by other mcaøf. by the pclìtioncr. .~... La L ~ L. L t, ~ II. L. Q ® 1; ilia 5-29-203 10,13AM FR(}~ ADAMS RANCH ]f', C 772 461 6874 P.4 ... L. Treasure Coast Tractor s..tvicc,lr.t. DEI' Pile Number \ 1101 }~OOI"^C Paae 3 00 PcßonI subject 10 rc&\,latioo pU--'O' 10 any federally de\ctated or apptOvod air ptOlfIIII s\1ould be Cwat1: ,hilt Florida is spççitica\J}' no'aut.htorized to 1$$110 varlan<:<:$ or waiycn fl91Ø an)' teqIIirenlelllS of OUY such fcdetally dclaca¡çd or approved ptOgralll. The tCquiremonts of tho propo'" remain fully Cflforccable by tbe AòmiDistratNofEP.~""¡ by.oy persor.lI!Ider die C1~ Air />s.tlll\less and octil die Adn·Ùri~lt.to"opar.tcly 8 >PIove> any variance Of waiver in çcOIt\acct witb the prcccdutts oithe fed....1 procr·m. ~ .. . Executed in Wcst !'MDI Beach. Plori4a. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (. .~~, 'Otomas Tittle D¡,Q;tt Air Program Admicisttatc·r Southn$t District cr"-vl -&:> Date L TIlL T/md attathmont L çt::: Mr. Stephen Sm.n..'QOd, i'.E. ~¡rt ú& C, AòtIITIs ..m..l: am97IiJ(ofllt2o1.n<t t II. La i '\lInt to ~ 120.52(7). F.S.. witt: tbeòos¡gn'led Dopartmol1t Clak, tJ...") -Û/-03 Dote !. II. l ~ L. La L ~ it. $ .. ~ Ii. La ~, ... (jjj) f; !ala ~ ( ~, ( i.. BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR ~ May 7. 2003 ill.. Mr. Thomas Tittle aistrict Air Program Administrator Department of Environm~ntal Protection Southeast District 400 N. Congress Avenue, Ste. 200 WestPa!m B~ach, FL 33401 L. Dear Mr. Hobbs: ~ .. St.Lucie County has received a copy of .. ._ .___~ """"" 'VI L.c1W/tlflCe Vickers to construct an air poUutìon SOurce consisting of an Air Curtain Incinerator on property located west of Sneed Road on the South side of Orange Avenue, DEP Fife No. 1110110-001-AC. The permit indicates that the Departm'i!nt of Environmental Protection (DEP) is requesting comments on. the placement of an Air Curtain Incinerator on the land currently operated being utilized by Treasure Coast Land CiearingfTreasure Coast Tractor (TClfTCT). ~ .. f' /, '- On June 6, 2000, the S1. Lucie County Board of County Commissioners approved a Conditional Use Permit. via Reso:ution 00-022, on this site for the placement and operation of one single air curtain incinerator. The Conditional Use Permit (see Exhibit 1) contaìned a number of conditions of approval. ~ ... 81. Lucie County has received an application from Mr. Lawrence Vickers requesting approval of a major adjustment to the pending approved Conditionai Use Permit in order to operate a secong air curtain incinerator on the subject property. As part of the application review, the County is requiring that the applicant provide a copy of an approved FOEP Permit allowing for the operation of two air curtain indl)erfltors on the subject property. ~-, L ... n addition to the applicant being required to submit this approved FDEP Permit, the County has also requested an Air Quality Report that indicates existing conditions on the site with the current single air curtain incinerator operating and an analysis of the site with the existing incinerator and the proposed incinerator being operated to ensure that acceptable aÎí quality will result from the operâtion of the two inciMrato.s. L r.. .lOHI'-i D. o ,.;..~....~; C:-~".,.:r 1'-0 ;. . :: ~'G cow.....r..r:: O¡sr"c.." N~ '2 . PA:j:'À.-;' a....~ Oi¡:'1;~' "'~. ~ . ~T~NNf~ ~tf!'(;'iN<\H. l\;Utiç, N,.,,:, . ~ì.1H 1)".ru.&¿5 D'¡~":f ~iC' ; CO·.J.'\~~ A::::.---I"',~·(;;'pt . DDt,,;;¡ a~ .\,_ AnOðtlOf". 2.300 V:rg¡n~ Av<?nue- . for: Þie-rC€'. Fl J49ð2..5¢52 .A.çmini5rrcrion. (772; 462·1590 . Plo/'lr,ing: (72) 462·2ô22 . Gt$/Tec:hn;:ol S~rv:ces: (7"'2~ 462.155:1 ~co,...,:::-m;c Developr--,E-f\¡: 072;, 4ò2·1550 . Fox: :772) 4::-2.1551 TO-.Jflsr,'(:;')ven:'¡O'Î: .: 77'2! .162·152Ç) . Fox: (7ì?) 4é2-2 ~ J2 V~\""·.·J _ ·:c ."r·iuc;€, JI,!..;!. ill.. ... r.. ... ... (fjj) ;', ... iIIIIf % iì. t .. ~ ... ¡. L. .. .. 'II .. L. ... .. i .. .. ff III 'f ÎíIot L. i i.. .., (- May 1. 2003 Page 2 Tcurcr Air Curtain Incinerator .. FDEP Request for Informaûon With this letter, 81. Lucie County Is requesting that FDEP provide the County 'with a copy of any actions on the FDEP Permit for the operation of 8 second Bir curtain Incinerator on the proposed site. The approved perm" must be issued príor to the applicant's request for a Major Adjustment to the Conditional Use Permit going forward to the Board of County Commissioners for review and subsequent action. DPKlcps Enclosure ·Cc: AayWezny. Ass'! County Administrator Dan Mc nlry~. County Attorney Lawerenoe VlCkel1l John Tellðy CIndy AdamS )j;; ,(jVAt .. L Edward W. Becht, P.A. AlTORNEY AT LAW Post Office Box 2746 (34954) 321 South Second Street (34950) Fort Pierce, Florida Telephone: 772-465-5500 Fax: 772-465-8909 May 9, 2003 '.;¡}' .'.~-'~o·"·~.~~·-.Q-··W· æ--.· -r'~ ·.·."ì·..·/' IW' r----~,....... . "Þn~l ~ ' I ¡ ¡/ ! MAY ¡ :\ 20m : ' : i ' M L~~,..'~ _~_~"~/! ¡¡ COUNTY AITORN ~'-'¡;;';-~~i:1 ... t ... .. ~ ... Mr; Dennis Murphy Development Coordinator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34981 ... ~i MAY I 9 2003 ÌIIII Re: Treasure Coast Land Clearing (Talley)- Treasure Coast Tractor Service (Vickers) Lot Split ... Dear Dennis: I, ~: I" ... Thank you for taking the time to speak with me on April 17, 2003. I am concerned that the paperwork that has been filed with you is insufficient to accomplish what is in the best interests of my client, John Talley. I will leave to Mr. Farrell whether he believes the documents are sufficient to be in his client's, Treasure Coast 'Tractor Service, best interest. As currently proposed, Mr. Talley would agree that the property does need to be split, and split in accordance with the Lot Split Application that has been signed by Mr. Talley. What that means is that Mr. Talley's corporation, Treasure Coast Land Clearing, will end up owning the western half of the property. ~ L. I. What the Application fails to take into consideration is the need to modify the Conditional Use that is applicable to the south 9.9 acres oOhe total tract. I believe it is too simplistic to simply divide the Conditional Use into two 4.950 tracts. Based on the preliminary drafts that I have seen of the ordinances relating to the disposal of land clearing debris, I am of the opinion that less than five acres will immediately create a non-conforming lot at the time of the adoption of any proposed ordinance. Consequently, I would ask that the Conditional Use for Treasure Coast Land Clearing be expanded from the 4.950 acres to 9.9 acres. I cannot speak for Mr; Vickers or Treasure Coast Tractor Service. AdditiO. nally, I would like to clarify that my client will be operating an air curtain incinerator on his \ 'lD\Ò) property, and that one air curtain incinerator may be serviced by more than one piece of JS\~ equipment. As you may recall, during the period of work stoppage, my client desired to proceed ~. ~ with mulching of the land clearing debris, and a decision was made that he was not allowed to do ()./ that. I believe that that decision was rendered in error, but we were able to solve the problem A (J without the need for any lawsuit. So that this is not a problem in the future, my client needs to ¡';;f.i -(;, µ...cf (í?!J JL ~ ~J~ C C ·.1~C ~ P?C' ~{f\/ ,,_ £.U...L 1.. t; ... L ¡ .... L. i t.. .. L I. .. ~ ì '- ¡. .. L. ~, Ii. '- L. L ... f L. l ì l L. ¡ .... his Conditional Use modified so that it clearly states that he can proceed with the mulching of land clearing debris. This activity seems to be more in line with the County's Comprehensive Growth Management Policy than the burning. I still question the wisdom of preventing him from mulching during the work stoppage. If we are to be a society engaged in recycling, the mulching seems to be a far more desirable activity tHan burning. At the same time as the Lot Split Application is granted, the Conditional Use is either modified and/or reissued in two different names, my client needs to have the Department of Environmental Protection Permit that he holds together with Mr. Vickers modified. I have written to the Department of Environmental Protection to make certain that this can, hopefully, happen at the same time. Vse~ Edward W. Becht EWB/jef cc: John Talley Rickey Farrell, Esquire Frannie Hutchinson .... ~.. ¡. .. '~" Ii. ÌI. L ~ .. 1.. L ~ .. L ~. II. .. i.. L L .. ~ .... ...-... T C WACTCR PAGE 05 a5/22/2003 10:21 ]724510069 F .F!.. DEPT ( ~U nnf'ITECTI"u =1681 O~ OSI2I '..~' "12:18 ifJ:7 p.Œß/on ran... . ..:ny. rl'u 1.111 ~ IJ/\)J ~, . . &-lr:æ3 a,21AH FRCM ACAJotS RAI'Of lNO 7T2 481 G81.4 P.~ ....... ....... Cl'NIBIA A'/'m ALTO LUADAMB m 23505 Onnp Ã'Y1QIlIe Fort Pien:c, JIlo:rül.. 34'45 r:m) "'-'110 . ..... ....... '\ Ml.19~ 2003 \ .. "" VIA J'.ACSIl'rtxLE A."Ð> Cß.'IIIi'ŒD MAIL R.E'X'URN REÇED'T"REOVESTED . 'I'IWmas Ttttå. D~.Air Pn1¡n:n AdmiDi~. SouthCat Dilt:.i;t Depattm= Of,E.uM~ P10tecticc 400NonJ¡ C~A"nuo Svitt 200 . . " . west Palm B ch. Plodd" .13401 ''---.._1 "' ,&: 1:at= toB!ue, DEI' Fila No. mOl] o..OOl-AC D=-r M,r, Tùt1.~ ¡ '.' Wr: Ifl ~ in mprwe to 1ba Im!œ To ]s~. notice ¡ÏVIID. j¡¡ DEP. Fila Numbc 11 10 11 0..001 oAt; in the .œm.c ct Mr. LÞ.tca;.'l V1cbti and 1'Rasurc Cout Iracrtor S~oe,.hl!:' W: rapcCltÑl1)' DIe !!at PEl' ~ this pe;:mit. , , '. ". . ~ it is not ttl.m! CD die fAoe fifths Inm!:'Ta Iøue.:r:bete ia currenay ItlIÌr cœ1Idn iaœeratør OQ the $II%III ~ ~ uu&r a pa:mjt Lsm~·to Mr. IQhn TøI!ey of T'rea1\JfC 001$ LAa4 Cl~ Izvo. 1II1d. T:e~ CDeø: 'tnc= Sc:rvf~ Wt have hid Jnlmeråu, probJqœ In C'Ut :bw1~ with _ok_ And. odon ~ this cpm.tlOQ.qC! it hu begoJQ 1Q opome. The 1Iv1!!g IIt'8I. of oW' ho.tac is not Ai: condhianed.1ZId when t9 pmaiI1ng winds are ~ of the .outheaaT, and thlll: ~or cpetUl$ (out of OOJÇJ~ 'MI bdim). smoke aod od,on fi'o.m t1W lite ~. ~¡ht SO ou:: hOme. In Idðitlo%!' 1$ WI will d~"'~ vn believe tr..ú this ~~ hu bNt.I o~ to <WI In .. mazmer Y<'bk:h does n~ ccmp~y with .~ù.te ~ . '1tuJlIfI CoAst LatiA ClellrlDg. Izw. ms TI'IISQrt Coast Tzactor Semœ. IIK1." obtained Ii Condftfaaa!.U.. Pemùt ("CUP") fromBt Lw:js County for IU 011_011 of III air ~ ~ in 2000 ~oNtian MOo ~o;z:z.¡ mclosed). ~Mt.-T.alJ.". arAMr. Vi~~ iOÙJtJy O'WÌ¡. ~o. p~ and j~üuil filed fer the CUP ADd appear to jointly cpat: th~ ~~ M bctian-they IbouIclnot behatoc!.., Jnd*l'~"t!top:ruon (or L'bejlUZp9J1 orchil DEP pero:1it In quastiOll ha. Atb!t obtaim:ng tbiJ CUP, by ~ the Inçk¡=a.tot 'Without tb= ~). .~ ---- ~ , ~ ,.. \. " l L. t t, ... ... 1. L. I .. it .. .. i.. ... ~ ic' .. ¡ .. r flit o L. h r: .. L. ... ... ... T C TRACTOR PAGE 03 3S!22/2aa3 10:21 7724610JS3 rrœl:FL.ŒPT( ENV. PROTECTICt-l ~l 681 6790 ŒI2C.:3 12: iB #017 ? .0001Oii ii-13-:æ3 8.,ZZAM ~ ADA~ 1<Av.:H I"C 772 461 S874 P.3 1hcmu TíUJIt.D~Air ~ Msy 9, 2003 :Pege 2 ...... .. ð&iitig;¡¡al sID pecnilllequired. for òver a yea:. epe:lÌine ;mn 48.j'3 1& week (In vio1a.tiOl1 otlh:: CUI'). &lid ';IR:f'O fbrt;ed w abut thl site ~ 'lb. ðWn!II1I were c:t8d by St, LucIe Cowty Cod: ~ aIId bçed &y il!a Count)' Ù! shut down ûu sfte 1èt ~ two air ~ whet tho CÓ=~ UIIe Pemú't ~ a!lO'w~ ana. T.þay ~ cbect fòr tbI. .c:tIvtly two or =- - 1ime.t. '" In lddi.1iou. I hIn bec:1 told by 1~ SpII!IIrø, Fømt AlQ Sup..m..ar ibr the, Dlvieioft of F~, tbItt ~ hIrv. beeD fbrcl~ 10 shut Clown 'b'yth&1.agcncy on~.u oocui~ b«:4ùå of eotcanive smoke:/loln t1I::ir~. . \. ..... \ n. CU'P ft:\l'IIÌreJ Ihat tb.. -houra of ~on ~ =~ \0 7:00 1Wn. to 5:00 p.m. Mouday tbrouch Fziåy. tbs1 mu--Dl.l)' not ~ ipìt8d pdot to 9:00 a.m., aud must b= ~:sbed œ& lunit l:Icíbre SUD.S1t. 0:1 ~ o~s, cru:r family hu wìtcessod b\uum, On tbi, ,iio . th= J:'¢er.....~ locked ana ~ ~ eaca )I aD througb ft. ~ ca=j 11:.11:1"111 ømoke.r:wWed fb¡. , Fmany, In Ocm~ 2002,' ~ Dep£rl:D1Qt of :EnvfronmmtaJ .p~ ilsued & 1etat: tg St. L~ Comity c:cmc~¡ t1Ia hnp:gpe: JUI !:if 6U.n- cv.r-.aÎII Ju~ on thi, Nte eø.ð ils opeRtorI ,....mt forced to calM ~.oaa at ¥ lime, ,.' . ''--.,..,_ } SubmtUl:l1'tcJ tills ord~ the ÐiP h-!J IIIIIed Mr. TÎUII1 a 1'IIamit Ix) 0.P='lte an a1r c:t:rÞ.Izt ÚI~ll't!UOr. Tbi. pc:m¡it ~.. ¡A1Jeà iu !he &tt1y plrt ~ fhis yea:. S!!IcI this dma, we . hn...1ia.d å NSliw tùII on A~ 7, 2003, ~ "=M for: ~ œ,s. W~ wm 1ólð'by fhf St. LlaQle Ctl\.lß1;Y Ftre Di~:klt'tbat a ·~d" ~ tha !tit ~ ÏAcmez:ator ~d ~~ laD4 de~.,¡¡ ~d o;¡¡ the I.Ue they ~ç&e:! 1bat this fire w~ impo:ll.iblo to ~~. , In~addition. Oil April 1 ~ 2.003. at lI.p¡m!1Cimm1yS;JO a.tt\., tlù; $ita ~ emitëz¡¡' 1hjçk b~ smøke. It 1.3 lIIoy undmtw1in,g or th~ :mihlon mcdards (oi dr ~ ~. . that Vible ~Jians at'II ¡¡gt p~ ~ ~ ~ ~ In miy 0= now. CiccI:, it w"uldeppser tbn:-llmÙ!ions GCOfc1 these ~dardI. . . Th~= fins tPrcld ~·to .;10:18 b~ windoM Z!.I1d.;v.:U on 0t.Jr llir coDd..l1iozili3g. ~ty, sm~ Ws camJðt escape tb smOke and 04øCl h! t!I.o ~ of cr.xr hom~ th4 snle!b p~ tbtough the h<Jus= 'thl'tlUgh. thB r¡f~t. .A~ ozt Apdl 22. 2003, the !ita wu e:tzñtd12g a 11Uck, opaqu.t eray 1I!1Ob, cl~1y lu e:xcess of tb,a "1J..I1IS a:inut.. ~ hom" ~O!IS ~d. We c),ør.-Bd & similar plum!tofsmolal 011 May J, 200J. Tho !aQQ o1~ det:rls b\lmed lit this 1it9 aomctima oontaitlt A~Mñllim Pm" i::I4 MeJ~c.. Wi)!1:;b. ~ b\1.m..i! bay. ofiœ:odve o:!m not. '!:I.oillke I;nm.b;Ig I"\'!b'o.::. The.mall, lea.ves our tmoat a:J4 t)'1tS b\tmir:¡, for ch:yz. A.gtdn. tbis would çpe:a.r tc oot caœp y "nth the state', c::r.t;sion ~"d4. . ~~ , ..... --- ,.. Ci9 ... Ø5t22/2ða3 10:21 7724610069 T C TRACTOR From:FL.ŒPT. ( ~!oN. ~TECTlrn 561 681 679) œ;211(:~ 12= i9 #017 P .0051011 P~,i~ ÐS . ., l S-,9-.203 8,!2"''''-''- FJ:/CM MJþ¡.ß RANCH r~ rn AS1 Eì974 P.4 . , .. , , Thomu Tittle, District ÅÜ' ho¡ram Msy', 2003 Page 3 L, ... .......... .... ':.., w. Uv.¡ ~ work in thi, &tricuhurt1 -. w St. Lucio Couns:.Y. w~ know t2Iat, prg;pm,y maDBpd, Oþeit hvmlD¡ ÙI e11~~e cd 11'1 ~ put o1~, We ~d &Dc! 2n e;;:pONd to Om' fìho ~ ot6:ts ad amob, DuE 'In hø, coma to tM ~on that IIir- curtaIJ1 ~ 110 mactar 110'1'1 WIllI WUt" pet!osm ~)' OZIly ~ G~ 001T1ICt1y. Tb.!t..1JIp1.lCllDt has not done 10 tò ~ 1I1CI",.. ~ net~,.. b. eau be raliltl up01l to opc:nœ. 1CCC!hi ~ in J,1:IWmIr IiJÞØiçaz¡tl,y bet!IPt ttuQ he Jw ~ thll1irst. ~do~, we do J1?~beÜM: thIJ appHwn 1hD1JJ4 ~ ~. ~ incmersiot ptœi1. , . \ Bna. D.1I. dqJ In which it ~ tbutt.f Ï1U:iIImtot J, opll'lltin¡ 1J:¡ ~lhmoe. 1b.e SIlJ~ ~ ~ Il'I c::ørll<.f by the ~ ~y ~ octo ovr ~ and infq ~ home. We I*in't tbø Ii SecoM !£Iciutator. ..,&11 ~ It b opcrmdin ~1Ir:Ic:e -.rlth I1J Jawul1c! n:pIa1ill~. iuimpJy tóo ~ tel aû of.u. 1tI~t3. . . . , . Abo, * in 1f2ht ofthllbQve ~tI, "" r.~ teq\.teSt tbt Itato and lo-;al !awl ~a th, ope:at!a.o of fncinmtœs be embrced ~ tM apc::atcn of ~ flWflity. We.:rcqum the: the ~vtt!.u It t!:it litt be iDtJIKt2d cd ~"ð at a Ie-vel wh1d1 is ~ 'With their pelt an4 P1't'KZi fZIJuru to c=M' with thJ.. ,mte øc!' Iøca1 ~.natJUIIt~S\tate~~. . . , , " .~, / We uk that )'OCt ~ advi.. 111 ¢ auy. ac:tfvtt,y, iD:1udi1!, h..mjp Md - meetúlp. rc~ tbiJ pez:m1t ~, U'~ WQuld ~ to diIotIØ the !;'b.ervztíoas we 1:4"0 - tœth ::: tbi! 11t1æ Wfth 'as, pIeu!l <10 Dot h=:d13'Þ!l to þve 1.1:1 a M1J at the uum1ìft' above. S~" //2': ' . " ,~.' . ~Adams. ' " . &f~::ør ~ ~ Adè.us. In L K .. ~. .. Î: .. ~ ~ i.. ~ III L I'O¡¡¡~VI ~ /' l L. t .. .-- '~ i .. '- ,.. £ , ... ... ~ ~ II. ... L. '- L Ii. ~ .. ~; ... ì. L. .. I. ~. .. L. L. t ... .. ... 35/22/2003 10:21 7724&10a&9 T C TFACTOR From:FL.ŒPT.( W. POOTECTJ(J 561 681 6700 œl2l1~ 12: 17 bOt7 P .0011011 PAGE <)2 Department of Environmental Protection SO\I!I1Qft I) SI11ct (00 N. Q)ngress AVt. SUIte 2(X) West Palm IleaC.." Flor1da ~ Dh1d B. Sltvl!& Seer..')' -... ELECTRONIC CORRESPONIIDiCE DAVTCTS~oL~ ... .~ Mr. Litv.Teoce Vicllm President Treasure"Cout Tra.ctoI' Service, 1:u:~ 1210 Pulitzer Road FortPiDroe, FL.. 34945'· ~... DEI' 1110 No. ll101l0-COl.AC St. Luck County Project: Air Curtain Incinerator - Dear Mr. Víc:ken: Thb Is to inform y~u thIIt1hc DcIparlmentJÍu re;elvtd: a¡eqùest ior In ac!mñ¡i¡trative proc:eecl1ng ~ / (1teaTÎ11s)ngardÌD¡ thJ FiJoNo. I110lHo.ool-AC. ]bçcmpltinant', letteri.s ~ ftle with the Office"cl----- Genera! COlll1Selor (OGC) òfthe ~t iø T~ .- 1f you have any qurtions, p}ease co!12act Mr. W. Douglts Beason, Assistam Oenô COlll1sel, Department of Enviroamental Protection, 35100, Commonwealth Bo~ Mall $!Et!cII35, Ta11it.ussu. FIorÏda 32399. He can be t9ached It SSOI 2d!.2292. '¡ , . The ~mPlainant'" JetIw Is enclosed. Sitl~ly. '. -7~ ~*-& 0 $'-~/-.:>., ThoIIIa.i Tittle Date Air Program Administrator ITILThnd End05t:Te - cc:: ~. StI:p!rcn Smal....ooð, P.E ~-m¡;¡ ~7~tut..l1er "!.1M Jlr«ectior. u."f I'rPClU' F""'-d II! nQrÌ«I þ~. ----- \... ,.. ~ í.. ... L l ~ .. L. L Public Works Code Enforcement Memorandum ~ .. TO: Dennis Bunt, Code Supervisor From: L Date: L RE: Michelle Prestridge, Code Officer 5/22/03 Treasure Coast Land Clearing / Treasure Coast Tractor I. With reference to the stop work orders that were placed on the property of John Tally and Lawrence Vickers the dates are as follows; 5/2/02 ¡ II. L 9/11/02 L 10/09/02 '- 4/9/03 L. \ 0- -:?4-03 AFP/afp ~ ... is-dO- O,!:> ! ... .. (~(I'( ¡ .~ Hand delivered a stop work order to Mr. Talley because there were 2 incinerators being used at the same time. Took photos ofthe smoke output trom the incinerators due to a complaint. No violation was found. Hand delivered stop work orders and shut the site down completely due to no DEP pennits. Placed a stop work order because there are 2 incinerators on the property. Only one is operational and the other is being stored. V,siied 4\ì.Q pr()pe(~'(- f\-\\ \OOr1~ Qood. Giìd t~e chr~Î LúQS íl)(\(\ì15' V 'Sdt'.d - cd \ \ ~ D· \~.- \ POfner- I ~'\ (!!)) -..---.., ",t<7). ... .. .. .. L La ¡ .. L L. ì ... ~ I. l L. l l La i.. L.. OS/22/20a3 10:21 7724610069 { T C TRACïCR TREASURe COAST TftACTDR SERVICEC":. 1210 PULnlER mAD 7n-464-2582 . FT. PIERCE, Fl 34945 PAGE 01 ST. LOCIE OJUHJY AIT: Iff. RAY Wo\ZHY & HRS. FRANNIE HUTCHINSON FIE: DEP 5/22/03 .... HR. WAZJff. ...... ' . DEP FAXED THIS lETTER OVÐI TO ME YESTERJAY. J: TJOIGHT IT VERY INTEREST 1NS llfAT SHE l'HINCs SHE IaOIS so fU:H. KIST OF rue lliINGS SHE HAS USTED HAS HlJTHIHG TO DO WITH TREASURE COAST 1RACTUR SERVICE, WE MAY HAVE A BURNER OH SITE BUT IT IS tilT KJ()(ED lIP FOR POIœR, THERERH THERE IS KNOW \flY iHAT WE ARE ÐlJWING. . . - . I INAJfItED CIJl)Y AONIS YESTEflJAY mAT WE ARE TRYING 1U PEflCrr so TtlAT 1£ CAN CLEAN UP OOR SIDE I GET A LOT SPlIT All) HOVE OOR PIT. . '$fE IS IN AGREEHENT w:mt THIs ÞSLOtt; AS WE M)IIE, WiIQt WE All K1«JW THAT IS wHAT SHE IS AFTER. HY\QUESTIOO IS . ~ WE .tJVE TO (JJß SOIUIIANN AD PfDIERTY 109 AC. Nt] GET ^ AGREEMENT FROM THE Qurry FOR TIiE UTIUTY ZOOHG? WE HAVE BEEN H.\ITIHG m HENi FROKDEttaS ÞUtPHv SINCE 'THE Fm5T OF THE YEAR, ,HE SEEMS TO BE pumHG us OFF DlIE TO TREASURE COAST LA~ ClEARINGS ATTORNEY: EDDIE 8€afT, THEY ARE MAJCING SURE mAT NOTHIlI; WIll CAUSE lHEH 10 LOSE TH£IR PEFIaT,· so OUR COMPANY IS PUT ON 'mE BACK B.JfIJŒR WHILE I Nt PAYING FOR A $116,000.00 BUflNER. MY AnORNEY RICK FARRELL WILL BACK IN TOoIN ON VEI!Ha:IAY 5/28/03, I tllPE THAT HE CAN (,cT SOME QUESTIONS TAKEN CARE OF FOR ME, BECAusE ALL MY CALLS ARE }«)T GETTING IŒ ANYWHERE. , ._~._" I HAVE BEEN TOLD THAT THE rouNTY HAS A HEARD«; EVERY amER HONTII so I MUST HAVE BEEN PUT_OFF 2:sJ JI!EE'T"m;S AlREADY. TIlE REASON FOR THE LOT SPUT ANI) PIJVE IS QUIT ClEAR, WE 00 NOT WANT ANY PART m 00 WITH A CCflPAHY THAT CIW«.JT COMPI.. Y WITH THE RUlES ~D GOOD STANDARDS OF Fll..JiNING THE PIT. ',' OUR SIDE HAS BEEN IÑSPECTED BY mE FIRE MARSHAlL AND M PIlES ME SEPARTED TIlE WAY THEY 5HOUÌ..D BE so THAT IF A SPAff( GOT OUT OF HAHn IT COIA.D BE PUT CUT. WE WElCOl£ ^ INSPECTION EVErlY O"Y IF CINDY AONtS WANTS ITI ALSO we'HAVE NOT HAULED ANY MELALaJCA.fUR3ER,OR AUSTRAUAN PINES m BURH. SHE HAS CAlLED IN AT T.IÞ!ES THAT THERE IS NO aJRNINS FR04 us COI~ ON, BUT THEY HAD 7 PILES BURNING 00 THE RAHCH Aft) OTHER PlACES AROUNÐ HER. SHE EVEN CALlED DEP QlJT 00 m HER 9.lFÌPRIZE WE WERE NOT B1JR'tINC AND DEP WAS NOT VERY HAPPY WITH HER, AlOOG WI1H A FEW OTHER OFFICALS. 1 ALSO NOTICE SHE USES ,lDAHS HANOi STATIONARY arr !In.Y HER & HER HUSBAND 5I!; <¡ IT, I THINK SHI:NEEos-m'GET"HERSEL:F A-qFE~....,:· . ."".~ ,...-........ _'. .".'" SHE EVEN RAN' INTrf CARTER'S AND TOLD OODEPtlTIES EATING THEIR tiJNCH10 GET -OUT AM) DO THEIR JOB BY FOLl.C1iaNS OUR TRUCKS. lAM TRYOO TO FUN A BUSINESS wrrn THIS WOMEN TRYING TO START S{)IE1'HING EVERYTIME ~ WE TURN AEn./ND , I Kmw SHE HAS TO BE BROnlERING EVERYONE UP TIlERE AND DE? ALSO. ,au I WANT TO 00 IS GET TIllS COMPLETED AND MOVE ON, MÐ 1/>14 SURE YOUR OFJ=rCE . SHOULD WANT TO 00 THE SAME, so WE DON'T HAVE 10 HER FROMHER.- --- ~4 ')~~ ,DORIS VICKERS .~ ,.. ¡.. (' r L June 6, 2003 COUNTY ADMINISTRATOR ~i L L.. ßOARD OF COUNTY COMMISSIONERS DOUGLAS M, ANDERSON L Ms. Doris Vickers Treas'tJre Coast J-(actor Service, Inc. 1210 Pulitzer Road Fort Pierce, FL 34945 .... i .... , Dear Ms. Vickers: ,/ L Thank you for your letter of May 22, 2003. Changing the zoning for your property on Schumann Road and obtaining a co~ditional use for the operation of an air'curtain incinerator will require a public hearing and Board òf County Commissioner approval. The property you own on Schumann Road will need to be rezoned to:"Utility"and a Co~ditiona1 Use must be approvèã-by1he Board of County Commissioners to allow for.µse of an air curtain incinerator. It is my understanding that you have picked up a copy of the required applications from Community Development These applications will need to be submitt~d back to Community Development for processing. , ê L. 1. L. The conditional use approval previously granted by the Board of County Commissioners for your current operation on Orange Avenue is for a single air curtain incinerator on a single parcel of land. I understand that you have obtained ápproval for a lot split on this parcel, essentially creating an opportunity for two separate independent incinerator operation (Treasure Coast Tractor Service 1~c. and Treasure Coast Land Clearing). When the Board of County Commissioners approved the , original Conditional Use, they did not contemplate approving two independent operations on the property. The original application was jointly filed and represented to be a joint or shared operation with one burning unit. L .. .. The recent joint application of John Talley/Lawrence Vickers to amend the original conditional cse to allow for a second air curtain incinerator on one half of the recently split Orange Avenue parcel cannot be processed because Mr. Tally, haS'withdrawn his support. However, assuming that the parcel spilt has been 'recorded, you may submit a new individual application to have a new air curtain incinerator on your half of the split land. If you want to file an individual application for this newly created "split" site, you will need to submit the enclosed applications to the Community Development Department. l l ---- Over the past several years, County staff hasnad to address with both Treasure Coast Tractor Service Inc. and Treasure Coast Land Clearing a number of issues with the operation of the Orange Avenue site including smoke emissions, multiple air curtain incinerator operations and debris falling from improperly covered vehicles. A summary of issues is provided below: \... , ... 1. Reports of the simultaneous operation of two air curtain incinerators on the site last year (2002). This was confirmed by St. Lucie County Code Enforcement and a Stop Work Order was posted. This was resolved after staff ~isited the site with John Talley, Lawrence Vickers and attorney Ed Becht to confirm that oñe of the two air curtain i' tors was removed from the property. 4 q . L L JOHN D. DRUHN. Disrricr NO.1' DOUG COWARD. Disrricr No.2' PAULA A. LEWIS. Disrricr No. J . FRANNIE HUTCHINSON. D L Counry Adminisrroror - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 · Phone (561) 462-1450 . TDD (561) 462-1428 ....", ,,....,~.. ~,- -~,.., The Orange Avenue site was the first air curtain.incinerator location approved by the Board of County Commissioners. Based on our experience to date with the Orange Avenue site, County st~ will conduct a thorough review of any new application before any recommendation is made ,to the Board of County Commissioners. Please be advised that there is no certainty that we will provide a positive recommendation. It will be entirely incumbent upon you to demonstrate that the problems and issues associated with the Orange Avenue facility will not be repeated. ~7 .. i.. .. 1.. f L. 'i ... L. ~ L. ~ .. ~ .. L ... ~ .. ~ L L ... ¥ L , L ( (. Page 2 June 6, 2003 Zoning/ACI 2. Reports of excessive smoke from the site. 1"his was reported as an ongoing concern and was confirmed by staff site visit. The issue was resolved after the in- ground air curtain incinerator was replaced with an above ground air curtain incinerator allowing for a more efficient burning process. 3. 'Reports 0"- trucks traveling to the site were not covered. Staff called the Sheriff's " Departmentto ask that Orange Avenue be patrolled and any improperly covered vehicles be cited. \ '¡>- ~ - 4. ~. Reports that the site hàd no D.eþartm,ent of Environmental Prote.ction (DEP) permits. This was confirmed and a Stop Work Order was posted. This issue was resolved after the DEP issued a permit. In April, 2003"a second air curtain incineratof was located at the si~e. CO,de Enforcement posted the site with a Stop Work. Order. This issue was resolved after it wa~firmed that only one of the two air curtaJn incrnerators would be in operation. 5. Other concerns expressed to the CQunty about the Orange Avenue ßite include the stacking and density of material stored and the potential for a lárge fire and the: depositing of material from companies other than Treasure Coast TractorfTreasure Coast Land Clearing. '. Sincerely, 1¡) ..' ¡ J IG-~// W "" ./. RaY)lV;azny As5tst~nt Cou tA " i RW:dlt ,~ .. " . ...... --....... , ~ c: Board of County Commissioners Doug Anderson, County Administrator Dan Mcintyre, County Attorney Dennis Murphy, Community Development Director Dennis Grim, Code Enforcement Manager Ms. Cindy Adams Mr. John Talley ç~l ,.. .. ~ CYNTHIA AND ALTO LEE ADAMS, III 25305 Orange Avenue F1. Pierce, FL 34945 (772)466-6170 ... I.. June 10, 2003 .. .. Dan McIntyre, Esq. County Attorney 2300 Virginia Ave. F1. Pierce, FL 34982-5652 L. o ... In Re: Resolution No. 00-022 Treasure Coast Tractor Service, Inc. and Treasure Coast Land Clearing, Inc. ¡.. Dear Mr. McIntyre: í.. The purpose of this letter is to request a review of the above referenced Conditional Use Permit ("CUP") by the Board of County Commissioners. We believe this operation has not complied with basic requirements set forth in the CUP and would like to request that this CUP be rescinded. r .. L The owners have been cited by S1. Lucie County Code Enforcement, the Division of Forestry, and the Department of Environmental Protection. They have been cited by each of these agencies more than once. c. L, We have witnessed smoke burning from this incinerator well after sunset, with no one in attendance, and with the gates locked, numerous times. There was a massive fire on the property in April 2003. This fire was visible from Hwy. 441 in Okeechobee County and it burned for three days. It could not be extinguished. l ~ .. We have witnessed this property being used by various businessses, who are also in the land clearing business; and it appears to have become a giant landfill for land debris as well as an industry for the owners. 1'1 If we had known that this operation was going to operate in the manner in which it '\~tó has, we would not have stood by with no opposition when it came before Planning and Zoning \J lql and the Board of County Commissioners in June 2000. ïlP '¡ ß~1W..J CJt6 '~,DJD (2)í". V ~ ~~ t ¡ Ii. ì L.. ì.. í ~ .. í.. Dan McIntyre, County Attorney June 10, 2003 Page 2 .. ~ It has come to our attention that the owners want to expand this operation and have requested a second air curtain incinerator permit through the Department of Environmental Protection. This possibility has us very concerned. Weare also aware that they are currently operating a chipping/mulching machine on this property. i.. ¡ I. Please advise us of the protocol on public hearings and procedures for rescinding a Conditional Use Permit and when this might be brought before the Board of County Commissioners. L. Ii W' .. L. L. dtl--L d/ ør Alto Lee A~~ ' ì .. cc: Ray Wazny, Ass't County Administrator .. f .. ¡ ~ L L La. I I... ~._--\ (/ )2) \~// I... .. î: .. ... L L. J .. La ... L. j f III k L. , ( III. ... L L . L. ¡ .... L L CYNTHIA AND ALTO LEE ADAMS III , 25305 Orange Avenue Ft. Pierce, FL 34945 (772)466-6170 June 17, 2003 Mr. Loxmana Tallam Department of Environmental Protection Southeast District 400 N. Congress Avenue - Suite 200 West Palm Beach, FL 33401 In Re: DEP File No. 1ll01l0-001-AC Treasure Coast Tractor Service, Inc. and Treasure Coast Land Clearing, Inc. Dear Mr. Tallam: I am enclosing a photograph of the unlocked gate, to the aforementioned air curtain incinerator site; said photograph was taken June 14, 2003, at 9:30 p.m. This gate was open all weekend as well as the weekend before. There was a full moon on this date and I was able to capture it in the photo. The cavalier attitude that both owners have demonstrated the past several years continues to this date. On June 13, 2003, (the night before) my teenagers' car broke down about a half a mile east of this open gate. My husband was unable to move the car and left it well off the shoulder and perpendicular with Orange Ave. Sometime between 10:00 p.m., June 13, 2003, and 6:00 a.m., June 14, 2003, someone with a large vehicle and a roll bar bumper and trailer hitch, repeatedly backed into the 'side' of the car and shoved it 15 feet into a ditch embankment. On this very same night, approximately 5 miles west, someone fired a rifle into our property and killed a deer. They did not want to retrieve the deer. ¡ 7;")· ... !~ ... ... Mr. Tallam Page 2 June 17, 2003 L Am I trying to insinuate that the owners and/or their employees had something to do with either of these incidents? ABSOLUTELY NOT! I just want you to know that this area is very remote and we do have our share of problems with crime, and leaving this gate open, as the photograph depicts, is very irresponsible. L ~ i.. Sincerely, L. .., ~" ... Cynthia Adams '- L. Enclosure CC Ray Wazny, Asst. County Administrator S1. Lucie Co. L. ¡.: .. .. \ . F III L ~;, ... ì L. ¡ .... I .... ... ii' .. .. L. '- ~ ... EXHIBIT NOT USED .. }, .. ... />; .. ¡ ... .. L ... l l ... L ! .... ¡ .... /5-5 ï. ... .. j' II. .. La L f ~ .. ~ ... I. í t: La ... i .. '" ÍIII L .. La I ... í .. CYNTIDA AND ALTO LEE ADAMS, III 25305 Orange Avenue Ft. Pierce, FL 34945 (772)466-6170 June 24. 2003 Mr. Loxmana Tallam Department of Environmental Protection Southeast District 400 N. Congress Avenue - Suite 200 West Palm Beach, FL 33401 In Re: DEP File No. 1ll01l0-001-AC Treasure Coast Tractor Service, Inc. and Treasure Coast Land Clearing, Inc. Dear Mr. Tallam Pursuant to my telephone message yesterday morning, enclosed please find pictures of both gates that were left unlocked and open all weekend. As you know. it was a rainy and cloudy weekend. Rain droplets are actually visible on the top rail of both gates. You indicated to me that it was illegal for these gates to be left open with no one in attendance. Please advise me of any actions, if any, that will be taken by your department. I've also enclosed a copy of the 2nd page (the first page has personal information) of the offense report that I alluded to in my previous letter. tt-erelY, / Cy thia Adams ------'~..,-". cc Ray Wazny, Asst. County Administrator ""''''',. c." U....:Ji u-r.. .;Iv,.., . 0.. C.... ..w..,~ . _L-. "~"'.a.c:I ttc.~~t~-yooJ ; i. c r ... .. RICKEYL. FARRELLATfORNEY AT lAW, P.A 1595 S.E. Port 51. Lucie Boulevard P0I1 SL Lucic, Florida :H952 772-335-54.55 779-:t\7.:US.~ \;;11': .. ¡. June 25.2003 ir.. '- Mrs. C ymhia Adam¡; 23505 Orange Avenue Fon Pierce, Fl. 34945 ... Rc-: T r<.":1l'ure l.oal'r Tractor Service. Inc. Laurence Clnd DQris Vicker~ L. Dt:ar Mr~. AJalU~; .... I have been requested to send you this letter on behalf of my clients, œfeœm.:ed above. This letter is to confinn to you that my clients are seeking a temporary burning permit for their property located on Orange Avenue Extension. It is my client's long'tenn intent to move the burning opcr~ttions to another location in St. Lucie County as soon as ;\11 of the [1f:çe!;'>3ry permit$ and approvals can be contained. ... Should you have any questions, please fed free to contact me at yourconveniencc. .. Sincerdy. L ~ .. I.. L í .. i.. (57) \~ ... r' . t.. i. I.. , 1.. ... ¡ ... till. L. L L ¡ r II. L í §. ... ¡,: II. t I. ¡ .. .... I.. L ( (ì c '- f} é C- Û tJ "-- 6. A- D A-v 11-'\ Edward W. Becht, P.A. ATTORNEY AT LAW Post Office Box 2746 (34954) 321 South Second Street (34950) Fort Pierce, Florida Telephone: 772-465-5500 Fax: 772-465-8909 June 26,2003 Mr. Ray Wazny, Public Works Director St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34981 Re: Treasure Coast Land Clearing and Treasure Coast Tractor Service Dear Ray: I am in receipt of your June 6, 2003 letter and it has several statements in it which I believe distort the history of this property. Additionally, I have received a barely legible copy of a letter from Ms. Cindy Adams which contains a multitude of inaccuracies, distortions and perhaps blatant lies. I have also received a copy of a letter from Doris Vickers dated May 22, 2003, which I believe clearly evidences her frustration with thie entire situation. I have attempted for not less than six months to schedule a meeting between the Vickers' attorney, Rickey Farrell, myself and John Talley. After I have a chance to sit down with all the parties, I will be drafting a response letter to hopefully clarify some misunderstandings between my client and the County, and make certain that Ms. Adams letter which, at this point in time constitutes libel of my client, can be corrected. Very truly yo fd EWB/jef cc: Treasure Coast Land Clearing -----. ._______- ""-',. 'I; ---~, r \\11 Ie, \.~, \ '¡ T:'-, I[ lit, I') II \\/ \S_ ì i.:' (1. -~--- --. :\ \ \\ \. r..\\~ _\'2-.-'.?--~--,,- ! " -.\ . "é". " ! .5 7 )'; 3 0 20":~ _'"~ ~ ! ~-==~, k '- ~ $i ~ '} , ~ L ¡ ... ... .... .... ~ i.. ji L. ~ '- L ~, I. L. L. L , L , ... CC' Be G 110 (.-f. G- A- PE-IV Ivt'; /'- P Jtv/I) It. RICKEY L. FARRElLATI'ORNEY AT lAW, P.A. ()£'A./¡J(7 c; 1595 S.E. Port St. Lucie Boulevard ()t1-w Þ\. Port St. Lucie, Fl.orida 34952 77 2-335-5455 772-337-3485 Fax June 26, 2003 Mr. RayWazny Assistant County Administrator County of St. Lucie 2300 Virginia Avenue Fort Pierce, Fl. 34982' fI~ ~ (¡i) ~ n W lli "Q\ \ \ n \ rJ;;' \~ ,. . '-, I n 1\ ~ \, r;\ 1 2'll)om l\ \J h :l';:L~=: IL-!l \ C(j, .ADr!,~,¡N [¡Frlcr: ~ l_._·-·-~--'-'-- Re: Treasure Coast Tractor Service Inc. Dear Mr. Wazny: I have received a copy of your letter to Doris Vickers, Treasure Coast Tractor Service, Inc. dated June 6, 2003. Your letter makes reference to a "recently split Orange Avenue parcel". Please be advised that it is our understanding that the lot split has not been completed and that the property continues to be owned jointly in its entirety. It is my understanding that John Talley on behalf of Treasure Coast Land Clearing, has requested that the County approve an increase in the area with utility zoning on his one-half of the parcel and to allow commercial uses of same. Since Mr. Talley has decided to withdraw his support for the lot split, Mr. Vickers and Treasure Coast Tractor Services hereby object to any approval of any nature whatsoever for commercial use increase of utility zoning and any other changes sought by John Talley. It is my expectation that unless Mr. Talley and Mr. Vickers reach an appropriate agreement that resolves the dispute between them in a fair and equitable way, then the matter will wind up in litigation with the Court resolving the dispute appropriately. Quite frankly, Mr. Vickers desires to separate his operation from John Talley's based upon the very issues raised in your June 6, 2003 letter. It is our impression that Mr. Talley has an utter and complete disregard for applicable rules, not withstanding his awareness of same. All of the problems addressed in your letter are problems that occurred as a direct result of the acts and omissions of Mr. Talley. I am not aware of any single problem or issue that has been created by, exacerbated by or resulting from the acts and omission of Mr. Vickers. Treasure Coast Tractor Service Inc. has a long history in St. Lucie County and has an excellent reputation in the situation at issue. It has simply been taken advantage of by an unscrupulous individual. It is our understanding that Mr. Talley is allowing other companies to deliver lot clearing debris to his burn site and that he continues to operate in violation of the applicable rules and 15~ ... L ~ .. L. <¡: L. .. ... .. regulations. Conversely, the only materials that are delivered to my client's property are materials, which are the result of Treasure Coast Tractor Service, Inc.'s daily operations. It is my client's sincere hope that St. Lucie County does not penalize Lawrence Vickers and Treasure Coast Tractor Service, Inc. for the errors and omissions caused by John Talley and Treasure Coast Land Clearing, over which Treasure Coast Tractor Service, Inc. has no control and no remedy. Treasure Coast Tractor Service, Inc. has purchased a state of the art incinerator, attended training classes, and is prepared to comply with each and every rule and regulation applicable to their operations if given the opportunity. You are also aware that Treasure Coast Tractor Service, Inc. desires to have a temporary opportunity at the Orange Avenue Extension property in order to clean up the debris that has been hauled to the site. The lon.g..term goal of Tre2;sureCoast Tractor Service, Inc. is to completely separate their operations from John Talley and Treasure Coast Land Clearing and move all operations to the Schumann Road property thatis referenced in your letter. I hope that you and other staff members for the County can keep an open mind regarding my client. Thank you in advance for your anticipated cooperation. ~, .. Sincerely, ~~ Rickey L Farrell RLF/kr III cc: Client .. .. L , r .. l I.. ... ¡, I.. .. ~, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA July 17, 2003 ... ... TO WHOM IT MAY CON- CERN: NOTICE is hereby given in accordance with Sec- tion 11.00.03 of the St. Lucie County Land De- velopment Code and the provisions of the St. Lu- cie County Comprehen- sive Plan, the following applicants have reque~t· ed that the St. Lucie County Planning and Zoning Commjssion consider their following requests: ¡ ~ ... I í.. L 1.TREASURE COAST TRACTOR SERVICE, INC. (Lawrence Vickers, Agent) for a Conditional Use Permit to allow for the operation of a sec- ond air curtain incinerat- or within the U (Utilities) Zoning District for the following described property: SECTION 9 TOWNSHIP 35S RANGE 38 E THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTH- WEST 1/4 OF SECTION 9, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUN- TY,FL , Location: South side of Orange Avenue Exten- sion, approximately r 3,000 feet west of Sneed I Road. 2.wILLlAM D. MILLER, for a Change in Zoning from the RS-4 (Reside- ntial, Single-Family - 4 du/acre) Zoning District to the RM·9 (Residential, Multiple-Family 9 du/acre) Zoning District for the following de- scribed property: 20 35 40 SE 1/4 OF NE 1/4 OF SE 1/4~LESS N 235 FT OF W 460 FT AND LESS E 40 FT-AND W 161.80 FT OF N269.44 FT !I OF NE 1/4 OF SE 1/4 OF SE 1/4 (7.34 AC) (OR 534-505) I Location:West side of South 25th Street, ap- proximately 750 feet I south of Cortez Avenue. L. ... a. k .. .. lilt .. ~, ... f ... ~ ~ í... i.. 3~i d~, f~~ :g:~~ in Zoning frøm the RS4 (Residential, Single- Family - 4 du/acre) ,Zon- ing District to the RM-9 (Residential, Multiple- Family - 9 du/acre) Zon- ing District for the fol- lowing described pr~p-! erty: : 20 35 40 N 225 FT OF W 242.50 FT OF SE 1/4 OF , NE 1/4 OF SE 1/4 (1.25 AC) (OR 269-1999) Location:West side of South 25th Street, ap- proximately 750 f¡¡et south of Cortez Avenue. 4.CORA B. LAMBERT, for a Change in Zoning from the RS-4 (Reside- ntial, Single-Familv - 4 du/acre) Zoning District to "the RM-9 (Residential, Multiple-Family . - 9 du/acre) Zoning District for the following de- scribed property: 20 35 40 BEG 242.5 FT E OF NW COR OF SE 1/4 OF NE 1/4 OF SE 1/4. TH RUN E 217.5 FT, TH S 235 FT, TH W 435 FT, TH N 10 FT, TH E 217.5 FT, TH N 225 FT TO POB (72) (1.23 ACI (OR 222- 1441: 1069-1725) Location:West side of South 25th Street. ap- proximately 750 feet south of Cortez Avenue. PUBLIC HEARINGS will . be held in Commission Chambers, Roger Pòi- tras Annex. 2300 Virgin-: ia Avenue, Fort Pierce, Florida on July 17, 2003, beginning at 7:00 P.M. or as soon thereafter as possible. PURSUANT TO Section '286.0105, Florida Stat- utes, if a person decides to appeal any decision made by a board, agen- cy, or commission with respect to any matter, considered at a meeting ör hearing, he will need a record of -the proceed- ings. and that,' for such purposes, he ~ay need - to ensure that a verba- tim record of the pro- ceedings is made, which record includes the testi- mony and evidence I upon which the appeal is to be based. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /S/ Ed Merritt, CHAIR- MAN a PUBLISH: July 3. 2003 t~ 199752 C' .. ... .. ¡ L. i} I.. L. .. r .. ... L. L ... {: r III '- .. ( (' BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR July 7, 2003 In accordanc~ with the St. Lucie County Land Development Code, you are hereby advised that TREASURE COAST TRACTOR SERVICE, INC. (Úlwrence Vickers, Agent) has petitioned St. Lude County for a Conditional Use Permit to allow for the operation of a second air curtain incinerator within the U (Utilities) Zoning District for the following described property: Location: South side of Orange A venue Extension, approximately 3,000 feet west of Sneed Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petiJion will be held oJ 7:00 P.M., or as soon thereafter as possible, on July 17, 2003, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based: Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued tö a date-certain. . Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number CU-03-011. Sincerely, (fii) III ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION t I m(·'ll J( jrllJ,p'y- I C l ~ .... Ed Merritt, Chainnan \ I W ~ / JOHN D. [)RUHN. Disrricr No 1 . DOUG COWARD. D;srr;(f Nc. ? . PAULA A lE\VIS DlStrlcr No ;) . H\ANNIE HUTO'INSON O"r"CI NC~S. Dimocr t<: j Counry Admlf1lSlrorOl - Douglas M. Anderson ... ... 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 · Plonning: (772) 462-2822 · GISfTechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucie.fl.us .. L. .. 1. ~ .. L. ~ .. .. &: ... !, i. " ... '" 5 ~ '" ~ r.n c u o C ~1-4 <n Q) ê .~ .8 ~ cr.n ..... ¡.., u 0 :at: o.<n <n ¡.., ¡..,~ ~~ c3 ~ ,U ë ~ Q) = 5 '" o.~ .£ ¡.., Q)~ ~ ¡.., Q.8 ~...... .... ...... '2 c:¡> =1"') 50 5¿ ou u ¡.., .... 0 0'"" - .... c '" Q);:3 5 ~ 1:: c ~= &-; Q::g ... i: lit ÌII. ÌIIII ~:f ... .... .. ¡.. ',0 '0 ,'0 "0 , \0 I") o.LI- .- '~ Ñ 1")' Q) - ,;:!,....¡ CI)! t.L., I"') o o t::!; 0'\ ...... -- \C '0 C '" V ~ > '_ 0 .- .... 'U'O '0 p,:: Q) ~ '" ....¡ 2 '" Q) '" ..c:: Q) U ¡.., \0 "0 I") "0 00 < I- ~ Q) 5 <n Z I"') Q) 5 <n Z M Q) 5 <n Z u C ...... 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'" '" - ~ ÇQ¡~ ~ æ 'ÇQ ...... - - 0 '0 ~ ~ ~ Ñ ¡ ø.. ...... .... .... ....... r.n ;:> (/) o o o 00 ~ ......,;::E;::E ~ .g" ,!! .2 Cv_:~t: ..,. V V ~:p,::Z Z - 'U p.,' S ï3 o ü5, C C .., '" ~ ~ (/)(/) ':r: .., 1:: 1:: v] :9 ° <p,:: þ..,þ.., "CI "CI .... .... '" '" ~ ~ "CI"CI ¡,u¡I.) ....¡ ~ V 'Ê '" ;::E V U .~ Q) (/) .... o - u '" .... ~ - V p., .... '" "'.--.. 0p,:: U~ V '-' § 3 V 'c ; ; ~ s o~~~>. ü5(/)cn~~ NO\\OV) V) <'1\000\00\ I-cil-O\~\O 1")001")MM:! ~I-O\I-~¡:::: ~r-:O\....: I-NI"')N~r-- N, I"') N '0 10 :0 : ¡~~ :! I 10' il !~l~¡ Ii S-j L~ ~J ~ I- N'\ON 00 0\ I") o 0 0 010 010 0'0 g gig gig g,g;g:g ,g gig! gig g¡8:glg: :OO¡Oi ¡ 0100i010:O' ;M ..q-I.......¡ ~ N,...... .......¡.......¡.......:.......¡ i~ ~¡=¡ ¡ i~l~ ~I~;~~;!. n I~. ~1§l~,L_¡!J~~,~J~J~ªj ~I¡ 103) L .. it '- t '- L L. ~ ... La L. L. ~, .. .. i .. ~ .. /¡ .. ~ .. ... t II. ... ( ( CYNTHIA AND ALTO LEE ADAMS, III 25305 Orange Avenue Ft. Pierce, FL 34945 (772)466-6170 HaYld ìY'!lUftIC£! VI:A-F fÁCSIMIi P July 10, 2003 Mr. David Kelly Planning Manager, St _Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 cv In Re: 2nd Air Curtain Incinerator, Lawrence Vickers d/b/a Treasure Coast Land Clearing, Inc. Dear Mr. Kelly: This letter is in response for a second air curtain incinerator on Orange Ave., scheduled for hearing before you on July 17, 2003. Based on past and present problems, we respectfully ask that the planning and zoning board vote against this request. In response to your letter to the Department of Environmental Protection (DEP), dated May 7,2003, wherein St. Lucie County requests Air Quality Reports at the existing site with the current single air curtain incinerator, we would like to point out that tests can be conducted on one given date; and be-within air qualitystandards,cbut wecan:'t beassure<I-ofthe- airl1üälit)F -, when all tests are finished and permits are granted. In other words, past conduct of -this one air curtain incinerator concerns us. A DEP approved machine is only as good as the operator operating it. Overloading a machine, weather conditions, and not removing the ash that is generated, will_cause a machine-tO-opemteoutofcompliance. We have received a letter trom Mr. and Mrs. Vickers attorney, a copy of which we have enclosed, infonning us that they are now seeking a 'temporary' pennit. We feel any type of permit might set a precedent, especially since it is Mr. Vickers desire to sell "his half' of this operation to someone else. I '7; --/'/ j' ~. .. Ii .. ... ÍIIII L L ~ .. La i.. L. i. ~, .. ~ .. t .. .. L ... ÍIIII L . (' ( David Kelly, Planning Manager July 10, 2003 Page 2 The present Conditional Use Pennit (CUP) as written, is "ripe for abuse". We have observed many different land clearing companies using this site, and as a result, a landfill for land debris has been created. An aerial photograph was taken by St. Lucie County code enforcement a few weeks ago and is available for inspection according to Dennis Grimm. We encourage you to view it. One company that has been observed using this site is licensed to do business in Palm Beach County as well as Martin County. Copies of his occupational licenses are enclosed. As of the writing of this letter, he was not yet licensed in St. Lucie County. His business is quite active in both Martin and Palm Beach County. We would also like to point out that at the September 2002 public hearing before the Board of County Commissioners, wemadeitclear, in Mr. Vickers presence, that we considered the Port St. Lucie TractorlWynne Ranch air curtainincineratortobe-aspecial circumstance, and that we would vehemently oppose any more air curtain incinerators on Orange Avenue. St. Lucie County is the only county on the Treasure Coast, including Palm Beach County, that has a permanent air curtain incinerator site. We have requested from DEP names of any other counties within their southeast district that has a permanent site, and to date, other than Port St.Lucie Tractor, they know of none. We have been told that a chipping/mulching machine is now on site and that under "U" zoning is allowable. Looking at this whole operation, we have to wonder if "light industrial" would be more appropriate? Are there not areas of this county already zoned for this type of business? Sincerely, (J Cynthia Adams M~ø.-J?r Alto Lee Adams, III enclosures ·~l { / t" (6!/// .~ ia (, c f ... Michael L. Adams 25501 Orange Ave. Ft. Pierce, FI. 34945 , f; K ... ~ July 11,2003 h La Mr. David Kelly Planning Manager, St. Lucie County 2300 Virginia Ave. Ft. Pierce, Florida 34982-5652 La L Regarding; Proposed air curtain incinerator for Orange Ave. L ~ Dear Mr. Kelly, L In light ofthe history ofthe current air curtain incinerator, I am opposed to the expansion ofthis activity in St. Lucie County. La When the first operation was pennitted, I was told that there would be little to no noticeable smoke and that the site would be regulated. I had no reason to object at that time. L The current operation, however, has on many occasions caused a smoky haze to lie over my home and surrounding area, affecting my family. We have been negatively impacted and do object to the installation of anotheruî1ir. ' .. I appreciate your consideration in this matter. ... t: ,'( .. C/;¡2t~~ Michael L. Adams .. ~. ¡.. ... '- .-----------.---..---.. , , 'I' , \~<' . \., ''', : rc' r,'--r--- '\ ¡ . . r": I , í )1 , \ \ 67/17/2663 68:6Ð 2815656676 ( HCl.IDAV INN EXPRESS PAGE 611a1 .. (" i ... l NATHANIEL G. HARRISON 111 TERESA A. HARRISON 24551 ORANGE AVE. fT. PIERCE, FL. 34945. i .. ... July 15th. 2003. l Mr. David Kelly Ii. Planning Manager, St. Lucie County 2300 Virginia A ¥e. Ft. Pierce. Florida. 34982-5652. Ii. Dear Mr. Kelly, 1. l The purpose of this letter is to support the opposition of another AIR CURIAJN INCINERATOR. to be located on Orange Ave., in St. Lucie County. l The current one has been operatÏJ1g for some time, and has had an impact on the ql1ality of life for those li~ng in the area. Tbe smoke haze that has been generated from the C\lrrent one, along with the impact the debris trucks from this county and smrounding ones, leads roe to believe. the infrastructure is not currently in place to control, monitor or support a second unit. f I' II. We appreciate any consideration in tros matter, in cnsuring the quality of one of the last remaining large green belt areas in St. Lucie CO\lI1ty. ~ t.. Nathaniel G. Harrison 111 Sincerely, ¡. '- .. 1'"~s~ \-\()..ff1JSO<'. T cresa A Harrsion ... I' 7) .I ¡, ... .. .. ( ( ... ~ ... 22500 Okeechobee Rd. Ft. Pierce, FL 34945 July 16, 2003 t ... L St. Lucie County Planning and ?oning Board 2300 Virginia Ave. Ft. Pierce, FL 34982 I.. In Re: the matter of 2nd air curtain incinerator on Orange Ave. t.. Dear Members: , t: .. Regarding the above-referenced matter, I feel that to date this operation has had an undesirable impact on this "ag" community. L. A company vehicle, driven by all 'Arccoemployee, on Sneed Rd., had $230 wòfili of damage caused by a pine tree limb that fell out of one of the trucks going to this site. This limb was 10 feet long and thicker than a baseball bat. It just missed hitting the drivers' side windshield and I shutter to think what his fate would have been if this limb had hit and gone through the glass. I was on the scene in less than 15 minutes and when I entered the property where these trucks enter, no one would claim responsibility. L L .. I live southwest of this site, so my home has not been impacted like the homes on Orange Ave. However, I have witnessed excessive smoke emissions on Orange Ave., as recently as this year. ~ I am concerned about the future of this operation and feel that it should not be granted an expansIOn. .. SlbL Robert Adams ¡, ... l' i. ... .... I.. fi "- C~rk A. Harrisorlt .. \ "- 24909 Orange Avenue Ft. Pierce, FL 34945-4339 772 464-9235 Fax 772 461-5334 mharrison@adevco.net ¡. July 16, 2003 ... Mr. Davis Kelly Planning Manager ST. LUCIE COUNTY PLANNING DEPTARTMENT 2300 Virginia Avenue Fort Pierce, Florida ß ... l RE: PROPOSED SECOND AIR CURTAIN INCINERATOR SOUTH OF ORANGE AVENUE AND WEST OF SNEED ROAD, ST. LUCIE COUNTY, FLORIDA ... Dear David: L As a resident and owner of 10.15 acres west of the above mentioned site owned by Lawrence Vickers, may this letter serve as my opposition to the proposed second air curtain incinerator. - I moved from south Floridato-avoid exactly what Treasure Coast Land Clearing is attempting to expand. L L. My greatest concern is that Lawrence Vickers d/b/a Treasure Coast Land Clearing, Inc. maybe setting a bad precedent to expand into other uses that could degrade the environmental quality of the Adams Ranch where I have my homestead and office. L. They have created too much smoke, I do not want more. I will be glad when their existing permit expires. .. As the former PresidentofoflorièaR.anchTot:lrs, Inc. that hosted over 30,000 visitors from around the world from 1997 to 2001, expanding the incinerator will..negatively impacts the one of the most attractive parts of St. Lucie County that tourist would find offensive. ~¡. .. ~i' III Thank you for your attention on this matter. ... J .. ... ... .. c (' L. ~ ... PLANNING AND ZONING COMMISSION REVIEW: 8/21/03 File Number CU-03-Q11 II. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM '- TO: Planning and Zoning Commission FROM: Planning Manager '- DATE: August 14, 2003 i III. DATE: Application of Treasure Coast Tractor Service, Inc. (Lawrence Vickers), for a Conditional Use Permit to allow the operation of a second air curtain incinerator for the disposal of land clearing debris in the U (Utilities) Zoning District. .. LOCATION: South side of Orange Avenue approximately 3,000 feet west of Sneed Road (Tax 10# 2209-311-0001-000/9) .. EXISTING ZONING: U (Utilities) 1 AG-5 (Agricultural-1 du/5 acres) AG-5 (Agricultural - 5) ~ FUTURE LAND USE: L PARCEL SIZE: Parent Parcel . Subject Parcel 36.81 acres 18.445 acres (4.95 acres U (Utilities) and 13.495 acres - AG-5 (Agricultural - 1 du/5 acres) ... PROPOSED USE: The purpose of the requested conditional use permit is to allow the operation of a second air curtain incinerator for the disposal of land clearing debris as a temporary use for a maximum of six months. This use would be authorized under the provisions of Section 3.01.03(W)(7)(g),~0Iid Waste Disposal. ¡ ... .. SURROUNDING ZONING: AG-5 (Agricultural - 1 du/5 acres) surmunds the petitioned- property to the north, south, east and west. L. SURROUNDING LAND USES: The existing uses in this area are agriculture in nature with an existing air curtain incinerator located within the parent parcel boundaries. ... FIRE/EMS PROTECTION: Station 11 (3501 Shinn Road), is located approximately 6 miles to the southeast. ... L. .. .. (' ( " ... August 14, 2003 Page 2 Petition: Treasure Coast Tractor Services, Inc. File No.: CU-03-011 t '- UTILITY SERVICE: On site wells will provide water service. On site sewer will be provided through a septic tank. ~ .. TRANSPORTATION IMPACTS ... RIGHT-Of-WAY ADEQUACY: The existing right-of-way for Orange Avenuejs 202 feet. ~ ... SCHEDULED IMPROVEMENTS: None L. TYPE Of CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. ************************** v .. STANDARDS Of REVIEW AS SET fORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE ... In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: ¡ .. 1. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; L '- The proposed expansion of an existing conditional use that permits the operation of an air curtain incinerator has been determined to be in conflict with the St. Lucie County Land Development Code. ~:: ~ On June 6, 2000, through Resolution 00-021, the Board of County Commissioners approved a rezoning application submitted by Treasure Coast Land Clëaring and Treasure Coast Tractor Service for 9,9 acres of land,-along-the south side-oforange avenue, from theAG-5 (Agricultural- 1 du/5 acres) zoning district to the U (Utilities) zoning district. At the same county commission meeting, and following the boards action of the requestTor change in zoning, the Board of County Commissioners, held a public hearing and approved a conditional use permit allowing for the operation of a single air curtain incinerator. This approval was grantedthrough Resolution 00-02-2, a copy of which is attached as Exhibit A to this memorandum. i. .. On March 10, 2003, the petitioners submitted an application for a lot split of the subject parcel. .. .. Section 7.1 0.12(C)(2) of the County's Land Development Code establishes a minimum lot size for the operation of Land Clearing and Yard Trash recycling operation. The smallest parcel on which such an activity may be considered is 5 acres and the maximum parcel size for any such facility is 15 acres. @ II. '- ... ( ( L: ... August 14, 2003 Page 3 Petition: Treasure Coast Tractor Services, Inc. File No.: CU-03-011 þ ... ,i iì. On March 10, 2003, the County received an application for a lot split that would take the 40 acre +/- parcel that is under joint ownership of Treasure Coast Land Clearing and Treasure Coast Tractor Service and split it into two separate 20 acre +/- tracts. La The proposed division would result in half of the area currently zoned for utility purpose to_be in the ownership/control of Treasure Coast Land Clearing anc:thalf of the area to be in. the ownership/control of Treasure Coast Tractor Service. The resultant split will leave just less than 5 acres each of utility-zoned property for each owner. It is within these areas of utility- zoned property that the two operators would like to operate their respective air curtain incinerator operations, independent of each other. The splitting of this property will in effect make both the existing and proposed air curtain incinerator sites non-conforming. Without rezoning additional property, the county cannot sanction the expansion of this conditional use. ... ~ ... ... In the application by Treasure Coast Tractor Services, the applicant's have indicated that the proposed use of the second air curtain incinerator would be temporary, only for six months, in order to clear the existing vegetative land clearing debris that has accumulated on the eastern portion of the site. That voluntary limitation of use is however, insufficient to avoid the basic problem of failing to meet the minimum parcel size for this type of activity. L 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; &. , ... Based upon the local performance record of the current operators and complaints filed with the County, the proposed expansion of this conditional use is expected to adversely impact the surrounding properties. Within, the last few years, since the granting of the first conditional use permit for this site, the applicant's have been cited numerous times due to excess smoke and continuous smoke conditions occurring from the burning operations. In addition, the current facility has not met the assurances represented to the Board of County Commissioners to ensure that the facility would not have an undue negative effect on the surrounding properties. The apparent improper use of this facility, has caused a number of nuisance calls to the County's Code Enforcement Division_a~ well as to the-State Division of Forestry. Area residents have also complained directly to the Board of County Commissioners on a number of occasions. i ... , '- '- ... The State Division of Forestry has stated that a number of stop work orders were issued in order for the operation to redesign/rebuild the trenches to meet regulatoIY standards. In addition, on April 7 of this year due to vegetative stacking a "massive" fire was started by a spark from the pit. On October 1, 2002, the Florida Department of Environmental Protection issued a stop work order due to the operation not having the appropriate permits from the Department of Environmental Protection. &. ... Staff previously requested that the applicant provide written verification from the County Code Enforcement Division, Florida Department of Environmental Protection and the Division of Forestry tl)at all code violations had been solved. To date, the requested information has not been provided; therefore staff is unable to completely justify approving this petition without the appropriate data to verify no code enforcement activities are still ongoing with regards to this site. ... '- .. ( ( h .. August 14, 2003 Page 4 Petition: Treasure Coast Tractor Services, Inc. File No.: CU-03-011 .. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; t .. ... There are no public facilities servicing the proposed area. The subject-propertyisiocatect - -- outside the urban service boundary. The subject property will be serviced with water and sewer facilities thorough an on-site well and septic systems. .. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; t,,- III ... The proposed expanded conditional use is anticipated to creáte additional adverse impacts on the natural environment. The surrounding environment has been impacted by smoke and odors from the existing operation on the subject property. In order to ensure that no additional air pollution would result from a second air curtain incinerator being operated on the subject land parcel, staff requested that the applicant submit an air quality report using as a baseline the conditions existing in the area prior to the firing-up of the first air curtain incinerator, conditions after the start of the facility and then the projected cumulative effects of the operation of the second incinerator at this location. The applicant has failed to submit the requested information; therefore staff is unable to justify recommending approval of a second facility on the site, without having appropriate documentation to support the request. ... ~ .. In addition to the request for an air quality report, staff requested information on the type of burner being proposed, a site layout indicating where the burner would be placed and details on how the burner would be operated including certifications. This information was not provided with the application, therefore staff is unable to thoroughly analyze this petition and is unable to make a favorable recommendation without the required data to analyze the proposed use. [" .. ~ .. Refer to attachmeAt-"A"fef somefecent aerial pR0tography of the site and what currently is -. on this site. As these photographs indicate the .Iand itself is not being sufficiently cleared to . offset any negative results of the burning of the vegetative materials. ... COMMENTS .. The petitioner, Treasure Coast Tractor Service, Inc., has applied fora new Conditional Use Permit_ in order to permit the operation of a second air curtain incinerator for the disposal of land clearing debris on a 9.9-acre parcel of land located on the south side of Orange Avenue approximately 3,000 feet west of Sneed Road. This particular use would be authorized under the provisions of Section 3.01.03(W)(7)(g), Solid Waste Disposal - -.. ~ - - - ... K I... An air curtain incinerator as defined by Chapter 17.256, F.A.C.. is a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a. manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain. The air curtain incinerator is designed to destroy trees, brush and stumps in a safe controlled burning process. ilia '- Ìì. L ... ~ II. , I.. f ... L .. .. .. a. .. .. .. '- ~ II. ... '- ( (' August 14, 2003 Page 5 Petition: Treasure Coast Tractor Services, Inc. File No.: CU-03-011 The documentation submitted supporting the applicant's request, indicates that the property owners' are in the process of completing a lot split on the subject property. The original rezoning request and conditional use permit was for a 9.9-acre parcel of land under joint ownership with another land clearing contractor. The proposed division would result in half of the area currently zoned for utility purpose to be in the ownership/control of Treasure Coast Land Clearing and half of the E.!rea to be in the ownership/control of Treasure Coast Tractor Service. The resultant split willleavejust less than 5 acres each of utility-zoned property for each owner. It is within these areas of utility-zoned property that the two operators would like to operate their respective air curtain incinerator operations, independent of each other. The splitting of this property will in effect make both the existing and proposed air curtain incinerator sites non-conforming. Under Section 7.1 0.12(C) of the Land Development Code, a LandClearing and Trash Recycling operation musthave aminimum of 5 acres. Without rezoning additional property, the county cannot sanction the expansion of this conditional use. In the application by Treasure Coast Tractor Services, the applicant's have indicated that the proposed use of the second air curtain incinerator would be temporary, only for six months, in order to clear the eastern portion of the site from the existing vegetative land clearing debris that has accumulated on,thesite-.' That voluntary limitation-of use is however, insufficienHoavoiEtthe basic -.. problem of failing to meet the minimum parcel size for this type of activity. The petitioner has further indicated that the hours of operation for the air curtain incinerator will be from 8:00 a.m. to 5:00 p.m., Monday thorough Friday. According, to the Florida Department of Environmental regulations outlined in Chapter 62-156, F.A.C., the land clearing debris cannot be ignited before 9:00 a.m. and must be extinguished one hour before sunset. As you may recall, at the July 17, 2003 Planning and Zoning Commission, this petition was continued to the August 19, 2003 Planning and Zoning Commission Meeting, in order for the applicant's to address the concerns raised in the Staff Report. As of the date of the preparation of this report, Staff has received no additional information from the applicant and continues to recommend denial of this petition. Staff finds that this petition does not meet the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of denial based upon the reasons set forth throughout this report~ Please contact this office if you have any questions on this matter. Attachment cs cc: Edward W. Becht, Esquire Lawrence Vickers, Treasure Coast Land Clearing, Inc. Cindy Adams Ricky Farrell (jjJ .. ~ ... BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT .. t> L ¡;¡ i.. 8120/03 " t II. {, ~ Treasure Coast Tractor Service 1210 Pulitzer Rd Ft Pierce. FL 34945 I' '- Dear Mrs. Vickers; ~ ... This letter is reference to the burn facility on Orange A venue Ext. and the violations on the property. There are. no current open cases on this property for your business. If you need any further infonnation with regard to the property for Code Enforcement, Please give me a call. Thank you L t. ~~\~~~ Michelle Prestridge Code Enforcement Officer ... t{: .. ¡¡ ... t La ... JOHN D. ßI\UHN, District No.1. DOUG COWARD, District No.2· PAULA A. LEWIS, District No. J . Fl\ANNIE HUTCHINSON, County Administrator - Douglas M. Anderson . 4 . CLIFF ßAI\NES, District No.5 I. ... 2300 Virginia Avenue · Ft. Pierce, FL 34982 Public Worl~s: (772) 462-1485 · FAX (772) 462-2362 Division of Engineering: (772) 462-1707 Fax 462-2362 · Division of Road & ßridge: (772) 462-2511 FAX 462-2363 Division of Solid Waste: (772) 462-1768 FAX 462-6987 Division of ßuilding & Inspections: (772) 462-1553 Fax 462-1735 · TDD (772) 462-1428 www.co.st-Iucie.fl.us ... .. ~~~iflnw.... ~UBJECT' TO PlANN!NG &. 11}j_ COMMISSION, AfNf1NAl . ~ . "J" . . ...." "- AGENDA ITEM 2: TREASURE COAST TRACTOR SERVICE. INC: (Lawrence Vickers. Ae:ent) - File No. CU-03-011: L ;::; ... .. Ms. Cyndi Snay, presenting Staff comments, stated that Agenda Item # 2 was the application of Treasure Coast Tractor Services, Inc. for a conditiomll use permit to allow for the operation of a second air curtain incinerator for the disposal of land clearing debris in the U (Utilities) Zoning District for property located on the south side of Orange A venue approximately 3,000 feet west of Sneed road. She continued that on June 6, 2(00, the Board of County Commissioners approved a rezoning on a 9.9-acre tract of land, from AG-l to U for property.jointly owned by Treasure Coast Land Clearing and Treasure Coast 1 ractor Service. She also stated that at the same meeting the Board approved a -Conditional Uœ Pennit for the operation of a single âir curtain incinerator. .. .. II. Ms. Snay stated that on March 10, 2003, the petitioners submitted an application for a lot split of the subject parcel that would take the approximate ~O acres under joint ownership of Treasure Coast Land Clearing and Treasure Coast Tractor Service and split it into two separate 20-acre tracts. She advised that the resultant split would leavl~ just less than 5 acres each of utility-zoned property for each owner and that Section 7.1O.12(C)C:~) of the County's Land Development Code establishes a minimum lot size for the operation of Land Clearing and Yard Trash recycling operation. She continued that the smallest parcel of which such an activity may be considered is 5 acres and the maximum parcel size for any such fac ility is 15 acres and that the splitting of the property would, in effect, make both the existing and proposed air curtain incinerator sites non- confonning. She stated that without rezoning additional property, the county couldn't sanction the expansion of this conditional use. .. ~. .. L .. Ms. Snay also stated that based upon the local perfo:mance record of the current operators and complaints filed with the County, the proposed expansion of this conditional use permit is expected to adversely impact the surrounding propel ties. She advised that within the last few' years, since granting the first conditional use permit, the applicant's have been cited numerous times due to excessive smoke and continuous smoke conditions occurring from the burning operation. She continued that the current facility ha:; not met the assurances represented to the Board of County Commissioners to ensure that the facility would not have an undue negative effect on the surrounding properties. She advised that the apparent improper use of this facility, has caused a number of nuisance calls to the County's Code Enforcement Division as well as to the State Division of Forestry and that area residents h-aveoalsocùmplained directly to the Board of County Commissioners. ~ ... ... ... Ms. Snay stated that the State Division of Forestry has issued a number of stop work orders in order for the operation to redesign/rebuild the trenche) to meet regulatory standards. On October 1, 2002, the FDEP issüeda stop wùrkorder due to th~ opèration not having appropriate permits. In addition, on April 7 of this year, due to vegetative stacking a "massive" fire was started bya spark from the pit. ... II. Staff previously requested that the applicant provide written verification from the County Code Enforcement Division, Florida Department of Envkonmental Protection and the Division of Forestry that all code violations had been solved. TJday we received a letter from the County Code Enforcement Division that stated that no activl~ code violations were in effect; staff also received a copy of the applicant's DEP application. No information from the Division of Forestry has been submitted to date. á. ... L. P & Z ILPA Meeting August 21, 2003 Page 5 ~) ~) ... .. UNOFflCIAL-- SUBlECT TO PLANN:NG & ZONING Ms. Snay advised that the proposed conditional use expansion is anticipatef~~¥el§æqMlið.gCßOVAl adverse impacts on the natural environment. She stHed that the surrounding environment has been impacted by smoke and odors from the existing (Iperation on the subject property. She also stated that in order to ensure that no additional air ¡: ollution would result from the second air curtain incinerator being operated on the subject pared, staff requested that the applicant submit an air quality report using as a baseline the conditions existing in the area prior to the firing-up of the first air curtain incinerator, conditions after the start of the facility and then the project cumulative effects on the operation of the second inciI1erator at the location. The applicant failed to submit this data, and therefore staff was unable to completely analyze the petition. .. ~ ÌIII .. ~ Staff also request information on the type of burner being proposed, a: site layout indicating where the burner would be placed and details on how the burner would be operated including certifications. The applicant failed to submit the reqllested information, and therefore staff was unable to complete the analysis on this petition. .. Staff finds that the requested expansion to an existing approved Conditional Use Permit does not meet the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and that it is in conflict with:he goals, objectives and policies of the Comprehensive Plan. Based upon the reasons outlin~d tonight, staff is recommending that the Planning and Zoning Commission forward this petition to the Board of County Commissioners with a recommendation of denial. .. ~ ... Mr. Rick Farrell stated that he was the attorney representing the applicant, Treasure Coast Tractor Service. He stated that back in June 2000, the property was rezoned and granted a conditional use permit on this site. He advised that IJ t the time it was anticipated that based on the volume of land clearing debris in St. Lucie Com ty that single air curtain burner would be sufficient. He continued that since then the rate and ilmount of growth in St. Lucie County has increased significantly and as a result a lot more debri:; to dispose of. He stated that using the air burner is much more aesthetic, bums material mon: completely and quickly with a minimal amount of smoke and odor, and more environmentally friendly. He also stated that they believe using an air curtain incinerator is the best of all of th€: alternatives that exist. He continued that the other alternative would be to mulch it, but in his e):perience, it is not a profitable venture. He advised that this would not be a viable alternative f:>r his client, even though Treasure Coast Land Clearing is attempting to do some on the site. He stated that it would have some impact on the people in the community, but the best option ofthcse available. C...__ u.._.u_ ~ ~ .. .. ... Mr. Farrell stated that his client did originally file an application for a lot split with the county based on advice received by his client from the empli)yees of the County. He advised that it is necessary to have a second air curtain incinerator on the property to handle the volume of material. He stated that counsel did not represèntliis client at the time she originally applied for the lot split and conditional use permit. He also stated that if the property is split, then both sides become non-conforming, and neither side could enga~:e in the business that they do. He advised that they did not want to proceed with a lot split and understand the ramifications of that. He continued that since the property will remain under (ommon ownership, the only thing needed would be to modify the existing conditional use permit to allow for a second air curtain incinerator with the necessary additional equipment. He stated that there have been problems on the site, but that the proble~s were because it was a sraft up operation and new type of business. He also stated that the complaints could not be speci1ically attributed to Treasure Coast Tractor Service. He continued that originally they utilized a trench burner, which is why they had so .. .. .. .. P & Z I LPA Mt~eting August 21, 24103 Page 6 (jjJ) ... .. UNOFFICIAL- SUBJECT TO PlANN;NG & ZONING COMMiSSION APPROVAL many issues with excessive smoke. He advised that tile trench burner was eliminated and an air curtain incinerator was put in its place by Treasure C(last Land Clearing to reduce the amount of emissions. He stated that in the last four months (of operation he has no knowledge of any complaint about the air curtain box that is being utiliz~d. He also stated that his client would be utilizing an even more technologically advanced air cutain box that is run with an electric motor rather than a diesel motor, operates at a higher temperature, and costs a lot more money. He continued that his client is willing to do this to mHke sure this is a minimal impact on the neighbors. He advised that this location is in a relatÌ'tely unpopulated area of the county in the western area. He stated that in addition to the one hurner being operated on the site, there is another one also being operated to the west on the Wynne Ranch, which has not received any complaints. He advised that some of the complaim calls had validity but on at least seven occasions there were complaints that were found by the Department of Forestry to be coming from open fires burning on the ranches and groves in 1he area, not his clients site. He stated that there was a fire in April, which was a result of learning how to do business. He advised that they have learned that it is necessary to separate the piles by a greater distance. He also stated that Treasure Coast Land Clearing has placed two fire hydrants on site, Treasure Coast Tractor Service has one fire hydrant on site, and if this request is approved, they intend to install a second fire hydrant. He continued that there is also a twelve-inch well that is run by a three- phase pump to provide fire protection to the site and is also a benefit to the Fire Departments in the area. ... ~ ... .. ! .. ~ '- t .. r ... Mr. Farrell stated that there are not any current cock violations and anytime there has been a complaint the operators have immediately addressed and resolved it. He also stated that the problems that occurred previously were from learning how to do this business and now that they have learned the complaints have stopped. He advised that there was a representation made by correspondence from the public indicating that the PJrestry Department has issued Stop Work orders, which is not true to his knowledge. He continued that there was a situation in 2002 where DEP claimed a permit was necessary, which in a clear reading of the law, shows it is not required. He stated that after several meetings witt I DEP Treasure Coast Land Clearing did receive a permit. He advised that with respect to Treasure Coast Tractor Service, two employees of the corporation have gone through several weeks of training, are certified in the operation of an air curtain incinerator, and have spent in excess of ~;116,OOO buying the incinerator. He stated they would prefer to operate the second incinerator in:;tead of piling up the debris and burning it openly at different locations throughout the county. H~ also stated that the staff report states that they are asking for an-six.:montlftemporary change to the conditional 'usepeririir-arid 1-s- not accurate. He advised that their request is to have 1 pennanent modification of tbk existing conditional use permit, which is also a permanent cond itional use permit. ~ .. \' i.. 'þ .. .. .. .. Mr. Farrell stated Treasure Coast Tractor Service originally submitted this application without the assistance of counsel. He continued that if there were any deficiencies in what staff is looking for, they would be willing to provide it. He advised that there is not an air quality report for the operation of the existing air curtain incineratc.r because Treasure Coast Land Clearning operates it and was not provided to them. He stated that he believes they provided the County with a drawing showing where this air curtain would be located on the site. He also stated that the certifications of training completion and the DEP permit were also provided to the County. He continued that according to DEP, they don't care if there are two air curtain incinerators on site because they feel the site is appropriate. He statl~ that the only entity concerned with the number of incinerators on the site would be the County as a result of this conditional use permit. .. .. ... P & Z / LP A ME,eting August 21, 2003 Page 7 rJVj ~~ '- ¡, ... UNOFFICIAL- SUBJECT TO PLANNiNG & ZONING rnuM:sstON APPROVAL Chairman McCurdy questioned how the ash is dispo~:ed of on the site. Mr. Hl:'fèTf sTãted that there is ash on site, which is removed from the box by a backhoe daily. He continued that he is not sure what Treasure Coast Land Clearing does with their ash. He advised that another client of his spreads their ash on agricultural property becam e it has significant beneficial impacts. He also stated that in the literature that came from the manufacturer of one of the incinerators it comments on the desirability of the ash as a soil amendment for agricultural purposes. Chairman McCurdy questioned if the ash is currently being stored on site or removed. Mr. Ed Becht stated that the ash is not being stored on site. Chairman McCurdy stated in the original proposed split would have made both lots non-conforming and wondl~red if changing the line of the split would have resolved that issue. Mr. Farrell stated that they have 9.9 acres of Utilities zoned property and if they split it in two, one of them would not havl~ the required minimum of five acres. He continued that doing that would mean that one of the two would therefore be put out of business. ~ L. .. L. ~. .. Chairman McCurdy opened the public hearing. ì II. * ì ... Ms. Cyndi Adams stated that she lives two miles wes1 of the site and has written several letters. She stated that BP Technologies mulches and removes all of the land debris everyday, so none of it ends up in the St. Lucie County land fill. She also stated that both applicants signed a petition for a rezoning in April of 2000, in which they stated they would obtain DEP permits. She advised that the Conditional Use Permit also stated they would obtain DEP permits, which they never did. She continued these applicants were noti tied by the County many times that there were complaints, which only helped for a couple of days, sometimes 24 hours a day. She stated that Mr. Wynne's operation is a 9.9-acre utility site t1at is encompassed within 4000 acres and only has one company utilizing his site. She also stated that on Sunday, June 1, 2003 at 8:15 p.m. there was smoke coming from their pit. She advi:;ed that there was also smoke coming from the pit tonight, but both gates were locked. She continued that the new machine has made a world of difference but it is not perfect. She stated tt.at there are many people who have driven by the site through very thick smoke, not during the initial start-up period of three minutes. She advised that there is a smell from this burning on this ;ite. , She stated that Leo Codero, the Solid Waste Manager, told her that they don't use air curtain incinerators because of too many complications. She also stated that there are too many variables that affect the performance of the machine; weather conditions, wet vegetation, dirt on the vegetation, operator handling. She continued that these variables would generate more smoke, which would affect them. She advised that Ken Burg and Mark Ewington, from West Palm Beach Solid Waste Authority, stated that when they had them in Palm Beach County;-the Health'Department; Fire Department, DEP, as well as the Solid Waste Authority strictly regulated them. She continued that th~ advised they don't use them anymore because of all of the yariables. She stated that Patrick Graham from Martin County landfill stated that the operational requirements are too strict and not efficient enough of an operation to work properly. She also stated that there are no air curtain incinerators in Martin County and that St. Lucie Coon::y is the only county ill the elltire southeast district that has permanent air curtain incinerator sites. She advised that she received an email on August 13 from Locks Monotawum, the air program I~ngineer for DEP in Palm Beach that gave her the name of a facility that was operating an air curtain incinerator. She stated that it was Indian Trail hnprovement District Facility, but when :;he called and spoke wI AJ from DEP, she was told it was used by the SFWMD when they need to dispose of vegetation. She also stated that they advised it is only used on an as needed basis, which could be several months in between. She continued that in September 2002 she advised that Mr. Wynne's request was a very special circumstance with very strict conditiolJ s and that they would oppose any other requests for incinerators on Orange Avenue. She stated that she was told that Mr. and Mrs. þ .. ... Ii. L '- .. L. ... L. .. P & Z ILPA M ~eting August 21, 2(]03 Page 8 .-------' / ...~ CJj) '- L. UNOFFICIAL - SUBJECT TO PlANN;NG & ZONING Vickers spoke with Ray Wazny and one of the Commissioners about b'llftVJlli~IQttcMPROVAl incinerator. She was advised that they told the Vick(:r's not to buy the second incinerator but they did anyway. She continued that their family has always tried to be good neighbors but air pollution is something they don't want to be exposed to. She advised that there are twenty-one companies listed in the yellow pages under land clearing and if half of them come forward with a request for air curtain incinerators, would they grant dl of these utility-zoning changes all over the county. She stated that all of this can be properly done out at the landfill. She also stated that it may be more expensive than what these applicants want to pay, but everyone else pays their fair share. She advised that Mr. Vickers· has other options because· he could mulch the debris, have Mr. Talley bum it for him, or they can go hefore a mediation judge. .. i.. ... .. 1.. Mr. Grande questioned how far Ms. Adams was from the Wynne site. Ms. Adams stated that their property is approximately 4 miles down the road. Mr. Grande questioned if her opinion was that the two operations were run very differently. M~;. Adams confirmed that there have never been any problems with the Wynne site, so yes, their operations were like night and day. ¡¡. ~ Mr. Mike Adams stated that he resides at 25501 Orange Avenue and had sent his letter in previously to indicate his opposition to a second air cutain incinerator. He also stated that they already have a second incinerator on the site, but are cnly permitted through the County for one. He advised that the second incinerator might also be iIJ operation. He continued that there seems to be some internal problems between the two owaers since they established the one site together. He advised that they are now trying to run two separate businesses out of the one site. He stated that he is concerned about who is going to regulate these incinerators and try to determine which of the two, which are on the same ~ ite, are the violators. He also stated that there were already issues in the beginning about who was supposed to be the governing authority over these issues and is very concerned about a secor.d incinerator. He advised that DEP does not have the staff to regulate these sites and the County has not been providing over site for them either. He continued that the difference with this site is that they bum 5 days a week, but with other agricultural permits, you have to get the permit from the Forestry Department. He stated· that they are very strict with issuing the permits and tJ ke into account many other factors before issuing them. He also stated that with this site, they are allowed to bum at any time, regardless of the weather conditions. i i,t .. .. '- L. -.. Mr. Lounds questioned if Mr. Adams burned his pastures in the springtime. Mr. Adams confirmed that they do some burning~-butmustcall-togetabumpermit He also stated the Forestry Department checks the weather to be sure eve:ything is conducive and theym..!!§t also do fire control suppression. i. L. Mr. Rick Farrell stated that he would like to address some of the issues raised during the public comment. He advised that Ms. Adams attributed á fire that was burning over the weekend to their pit, which is exactly what he was trying to point 'Jut earlier. He continued that the fire that was burning all night long over the weekend was open burning at the comer of Sneed Road and Orange A venue, not their site. He stated that Ms. Adams stated that BP Technologies mulches all of the land clearing debris, but they don't have the capacity to handle all of the land clearing debris that the county generates. He also stated that when they met with the County they discussed that issue and if all of the land clearing c)mpanies showed up at the landfill, they would not be able to handle it. He continued that this is one of the oldest, largest, and most responsible companies in the land clearing business in St. Lucie County. He advised that the statement that all of the debris can be taken to the landfill and be mulched is not accurate. He .. .. L. P & Z / LPA Meeting August 21, 20B Page 9 @ .. ~; ... UNOFFICIAL - SUBJECT TO PLANNING & ZONING COMMISSION APPROVAL also stated that he is offended that those with a certain name can come in and get consent and approval for what they want, but those without that name are denied. He advised that this should not be a "good old boy" community or system where you get things based on who you are and how long you have been here, or who you know. He continued that it should be based upon what is right, appropriate, and what the law provides for. H~ stated that it is appropriate for this debris to be burned and the only issue to decide is where to bJrn it appropriately. He also stated that St. Lucie County would not operate an air curtain incinerator at the landfill. He continued that they are asking for an opportunity to do this the right way. L L }, .. ì.. ~ .. Ms. Hammer stated that the staff report consistently states that information was requested from the applicant but never provided. She questioned Mr.Parrell as to why his client did not provide the information that was requested. Mr. Farrell stated that he believes that everything that was requested has been submitted, but was not all submitted at the time of application. He stated that Staff had also received some additional information yesterday or today to supplement what had been requested. He also stated that an attorney, land planner, did not provide the original application or professional, it was submitted by the Vickers their selves. He again stated that he believed all of the items requested had been provided and the staff report was prepared prior to receiving the requested information. Lr II. L. Chairman McCurdy stated that Mr. Farrell's implicati on regarding the members of this board's integrity with regard to certain families was inappropriate. Mr.Parrell apologized stating that he was not trying to impugn the integrity of this board. He also stated that his comment was not directed to this board, it was directed more towards tte statement of Ms. Adams. He continued that what he meant was that if you are Matthew Wyn:1e and want to do it, it is okay, but if you aren't it's not. He advised that he knows this board reviewed all of the issues and concerns with the previous requests the same as this one. He stated that he would not imply they were not doing their job to the best of their ability and was only addressing the inference created by Ms. Adams. .. ~ L. 1.. Ms. Hilson questioned what Mr. Wynne has done on his property more appropriately to be acceptable with the neighborhood than what the Vickers' has not done. Mr. Farrell stated that there isn't anything different that he is aware of. He advisedthatthe-Iocation ofthe-intÎnera:rõr is a mile from the road or the nearest property line, so it is a bit more isolated. He continued that in terms of operation, it is operated the same way. L La Mr. Akins questioned staff if there is any requested ir:formation that has still not bee!!j)rovided by the applicant as of this date. Ms. Snay confirmed that they still had not received an air quality report, the site plan showing specifically where the burner was going to be placed, and information regarding the specific burner. She also stated that they had not received an issued DEP permit, only a copy of the application for the pennit and the training certificates for the twü- employees. Mr. Farrell stated that there are no air quality reports, none exist, and none are required by DEP. He also stated that their DEP permit was hand delivered to Mr. Wasny's office several months ago. Ms. Doris Vickers of Treasure Coast Tractor Service, 1210 Pulitzer Road, stated that she faxed everything that she thought wa!: needed. She also stated that she didn't realize they were missing anything else until they were faxed a copy of the staff report on Monday. She continued that she thought that the deven sheets she faxed over today were everything that was requested. L .. ~ ... .. P & Z ILPA Meeting August 21, 2003 Page 10 (jjj) ... l UNOFFICIAL - ft .. SUBJECT TO PLANNING & ZONING M H d h .. II' h· h I, I· COMMISSION APPROVAL r. earn state t at It IS compe mg to 1m t at so many peop e s Ives are äisruptea'Dy the activities of others in their neighborhood. He quest:.oned if there was a way that one of the conditions could be that if the conditional use permit is granted the business could be shut down for being a continuous nuisance. Mr. Murphy sta:ed that there is already an area in the conditional use provisions of the Land Development Code regarding monitoring and also giving the Board the ability to revoke the permit. He advis~:d that there is also the ability to add any reasonable limiting condition within the application if they feel it is necessary, but the enforcement provisions are already there within the Code. Mr. Hearn questioned if there could be a time limitation added to ensure long periods of t:me don't pass before the business is shut down for violations. Ms. Young stated that the Count:f would not be able to permanently shut it down immediately, but there may be possibilities of temporary injunctions while they go through the process. u - __ - - - - L La .. ~ .. Mr. Ed Becht stated that DEP has the authority to shut them down on the spot for violations. He also stated that many people have made complain:s, but they believe that. not all of the complaints were valid from their particular site. He advised that there is a testing program that Treasure Coast Land Clearing employees have gone 1hrough to get certification for testing the smoke to verify the air curtain incinerator is operating within the specified limits. .. .. Mr. Akins questioned again if the applicant had satisfied all oftherequests..madeby,Staffof them. Ms. Snay stated they have still not provided were the air quality report, a site plan depicting the location, the specs on what type of burner they would be using, and details on.how the site would be operated. Mr. Murphy advised that if an air quality report is not available the Board of County Commissioners could still reserve the right, if there is a compelling enough reason to do so, to require one to be done. He stated that it might not be required by DEP, but the Board of County Commissioners could require one be done. He advised that the applicants have indicated that none exists because none has been required by an outside agency. __n____ L. t - Mr. Grande stated that he could not understand why the applicant chose not to provide the specs on a piece of equipment that has already been purchase:! and is on the site. k ... t, .. Ms. Cyndi Adams stated that one-of the conditions of the original conditional use permit were that the gates on the property be locked. She provid~d pictures for the Board to review from several occasions this year where she took photographs of the property not being locked. .. Ms. Morgan questioned if the idea of the incinerator was to increase the burn and .kssen the smoke. Chainnan McCurdy stated that the hotter the temperature, the less smoke there is emitted. Ms. Morgan questioned if there are other land clearing companies bringing their debris to this site. Mr. Murphy stated that as far as they ar~: aware there are two separate companies operating on this one site, Treasure Coast Land Clearing aIid Treasure Coast TiåCtorSerŸice. He also stated that they are bringing their own material into the site and are not bringing or receiving materials from any other land clearing operators. He c,)ntinued that the compound has a ridge or dividing line for the two operations, one operates on the east side and the other operates on the west side. Ms. Morgan questioned if the companies Wi)uld be able to burn at the individual sites they were clearing if they could not burn on their property. Mr. Murphy stated they usually would not be able to burn on the individual sites. L. .. i. .. P & Z I LP A Mel~ting August 21, 2003 Page 11 .. F ... UNOFFICIAl- SUBJECT TO PLANNING & ZONING COMMI$SION APPROVAL Ms. Morgan questioned where all of the land clearing debris would go if this operation were not able to be in business. Mr. Murphy stated that the only other option available would be the County landfill through their recycling and mulching ~rogram. L. .. Mr. Lounds questioned if the site has a flow-well and if they do is the pressure enough to put a fire out before it gets out of control. Mr. Farrell stated he did not believe it was a flow-well. ... .. Mr. John Talley, owner of Treasure Coast Land Clearing, stated that they have a three-phase pump with 400 pound~ of pressure. Mr. Lounds que stioned where the pump is located on the property and what the white residue is on the property. Mr. Talley stated that it is coquina rock base. Mr. Loundsquestioned how long it would take to bum the entire site clean if they didn't· bring any more material in right now. Mr. Becht stated that they are not just burning the debris they are also mulching it. Mr. Lounds asked how long it would take for them to entirely clear the site of all debris, by mulching or burning, or any other means. Mr. Talley stated it would take them approximately 30 days. Mr. Lounds questioned if the air curtain incinerators are run by a diesel engine or by electric with the diesel engine being backup power unit for it. Mr. Talley advised that his one air curtain incinerator is run by a diesel engine. ¡ ... , ;< '- ~ ... Seeing no one else, Chairman McCurdy closed the public hearing. L. Ms. Morgan questioned if the applicant had stated tha: they wanted to change their request from a temporary use to a pennanent one. Mr. Murphy staœd that the purpose of the conditional use application was to modify the original one to allow for the operation of a second air curtain incinerator. He continued that currently their permit ol1ly allows for the use of one burner on the property. He advised that previously there was a rotation of burning where one side burned on one day and the other company burned on another day. He continued that if approved this conditional use permit would essentially allow the operations to continue with the operation of a second independent burner so that Treasure Coast Tractor Service would work on one side of the property and Treasure Coast Land Clearing would work on the other. Ms. Morgan stated that they would be operating two separate independent t'usinesses on the one site. Mr. Murphy confinned that was correct. Ms. Morgan stated that the packet stated that it was a temporary request for a maximum of six month~. . Mr. Murphy ~tated that was the original request by the applicant, prior to having legal counsel, but believes their counsel had stated this evening that they would like it pennanent instead. , ~ I: L. .. .. L. Mr. Lounds stated that when the original applicatiol1 came before them several ye~ ago he believed this was the appropriate place for this because it was outside of the urban area in western St. Lucie County. He also stated that he believes there have been some wrongdoings in the stewardship of the land for this. He advised that they got started off on the wrong foot and it has never been corrected. He continued that they have not been operating it properly from the beginning and would hesitate to allow a second one when the first one isn't operated properly. He stated that there was other air curtains that have been operated around the county without issues and no one even knew they were there. He alsl) stated that air curtains that are operated properly are a very efficient way to dispose of the land clearing debris. He continued that he would be in favor of having the companies come back for this request after they have cleaned up the mess and operate their one existing burner without complaints. He stated that he believes there could even be some drainage issues on the propeJty that have not been addressed. He also stated that he could not vote favorably upon this request until they clean up the mess they currently have on the property. La t '- L. .. P & Z I LP A Me ~ting August 21, 2003 Page 12 (fjj) .. t ... UNOFFICIAL - SUBJECT TO PLANNING & ZONING COMMISSION APPROVAL Mr. Grande stated that when the applicants came for the initial conditional use permit all of these questioned were raised and they were assured that they knew this business, knew the equipment, and there would not be any problems or issues. He continued that virtually every problem that had been reported relating to this operation relates to a topic that came up at that meeting and they were assured would not happen. He stated that this operation has not operated effectively since its inception and the track record of this firm has caused problems for others seeking the same type of operation in the county. He also stated that another company that did finally receive approval proved that these types of operations can be run correctly and a benefit to the county. He advised that they could not support a seccnd burner for this operator until they run for at least a year without a complaint and bring the C'Jrrent operation up to the standard of the other company in the county. He continued that this operator might have an unfair disadvantage because they are further east than the Wynne operation and may be in the wrong place. ... 1: ... f I. ~ '- L. It ¡¡. Mr. Lounds questioned if the applicants would be willing to clean up the two sites so that there is no more than two or three days worth of debris piled uII on the site at anyone time. He stated he would like to see the families clean the site up and show that they are capable of doing what they should be doing. f Ii. £ L. Ms. Hammer stated that she has real concerns when staff requests items and the applicants aren't willing to work with__staff to provide_ thaLinformatjOll- or-~equesLmore- time-toHobtainH the information. She also stated that she is concerned that the attorney now announces that they are not asking for a temporary six-month permit but a pemlanent one. She continued that the smoke from burning affects anyone with allergy problems and becomes a detriment to your way of life. She advised that if the applicant can get their act together, get it cleaned up, and operate without violation there may be some hope, but currently she would not support this expansion. .. 10 ~ L. Mr. Grande stated that after considering the testimony presented during the public hearing, including staff comments, and the StandHrds of Review as set forth in Section 11.07.03, St. Lucie County Land Development Codf, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application of TREASURE: COAST TRACTOR SERVICE, INC., for a Conditional Use Permit for the operation of a second air curtain incinerator on property located on the south side of Orange A venue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District be<:ause there is a track record based on their first incinerator that does not indicate that a second incinerator would be handled better and their application does not contain the proper supporting documentation as requested by the staff. ---- ,--- --.------- L L. la· Motion seconded by Ms. Hammer. ~.. L L. Mr. Lounds questioned if the applicants would be able to dispose of the remaining debris on the site if this request is denied. Ms. Young explained that this petition is only for a second incinerator and would not affect the first incinerator th at was previously approved. Mr. Farrell stated that Treasure Coast Land Clearing operates the existing incinerator on the site. He continued that this request was for Treasure Coast Tractor Service to be able to operate their own incinerator separately because the capacity of land clearing debris that is generated is more than the one air curtain incinerator and mulching operations of Treasure Coast Land Clearing can accommodate. He stated that the material that is on the Treasure Coast Tractor Service side of this property couldn't be disposed of in the original burner because that is used exclusively for La ~ P & Z ILPA MeEting August 21, 2003 Page 13 @ ~ ~ UNOFFICIAl- SUBJECT TO PLANNING & ZON'NG COMMISSION APPROVAL debris generated by Treasure Coast Land Clearing, which is why they wanted the second incinerator. He also stated that there is difficulty with having only two to three days worth of debris on the site because there is a requirement that this material must sit and dry for 30 or 35 days before it can legally be burned. ÍIIt L f ... Upon a roll call vote the motion passed with a votE of 6·1 (Ms. Morgan voting against and Mr. Merritt abstaining) and forwarded to the Board of County Commissioners with a recommendation of denial. La ¡ ~ L. L .. k ... í. ... ... ¡ .. L l L. r.. L. P & Z I LP A Meelting August 21, 200~1 Page 14 '- ... ~ ì.. CYNTHIA AND ALTO LEE lmAIIS,III 25305 Orange Ave., Ft. Pierce, FL ~t4945 September 4,20(~ '- IIr. Leo Cordeiro, Solid Waste Mana~:er St. Lucie County Solid Waste 6120 Glades Cut-Off Road Ft. Pierce, FL 34981 i ... .. In Re: Treasure Coast Land Clearing, Inc. and Treasure Coast Tractor, Inc. Dear Mr. Cordeiro: .. Thank you for your letter of July 17, 2003, wherein you answered specific questions concerning the disposal of land debris at the St. Lucie County Landfill. ... At a recent public hearing befDre Planning and Zoning, for the above-referenced matter, attorney Rickey Farrell, asserted that your facility could nDt handle and/or process the large volume of land debris generated by Treasure Coast Land Clearing and Tresure Coast Tra~tor. I have encloéed a copy of page 4 of the Petition that both owners submitted for both the zoning change and the Conditional Use Permit and highlighted the paragraph that statøs the number of loads each applicant claims that they haul each day. .. .. ill. Could I prevail upon you one ~)re time to address this assertion. Could your facility handle the extra land clearing debris if it were to come to your fa.cility? '- Thanking you in advance, for what I know will be your prompt attention to this matter, I a.m ~ .. (1;fi~ Cynthia Adams L enclosures: pg.4 of Peition self-addressed,stamped envelope f, II. iì. .. ... (jo_o/ .. MCC..... . _ . . ~...... ST. LUOE COUNTYlsoAAD of COMMISSIONERS. PUBUc tŒARlNG AGENDA·' ' Seple mber 16. 2003 TO WHOM IT MAY COlnRN: ... NOTICE is hereby gi ren in aœordance with tion 11.00.03 of the 51. Lucie County land opment Code and in aa:ordanc:e with the pr sions 01 the 51. l ucie County Comprehensive Plan. that the following applicants have request . ed that the SI. Luci e County Board of Commis sioners consider their lollowing requests: .. ¡., I.DALE T. MOSHER. lor a Change in Zoning from the RS·3 IResidentia'. Single-Family - 3 du/acre Zoning District to thl! AR-l (Agricuhural. Reside tial - 1 du/acre Zonng District for the following described property: ... 30 35 40 E 112 OF E It.' OF NE 1/4 OF NE 1/4 - LES S 400 FT - AND N ~) FT OF 5 112 OF W 112 OF E 112 OF NE 1/4 OF NE 1/4 - LESS N 140 FT Of E 171 FT OF W 186 FT . AND BEG AT PT ON N EDWARDS RD 20 FT W OF SE'COR Of 5112' W 112 OF E 112 OF NI, 1/4 OF NE 1/4 RUN N 1/ T E II SO SEC TO PD .0 FT W OF E U Of S 1/2 W 112 OF E 112 OF NE 1/4 OF NE 1/4 AND 340 S OF S II OF NE 1/1 OF NE 1/4 Of NE V4, RUN E 20 FT, TH S TON RtN EDWARDS RD, TH W TO POB (9.67 ACt IC R 1521>-1081) .. '- Location:4200 Edwards Road. 2.DALE T. MOSHER, hr a Conditional Use Perm' to allow the develo pment and operation of a commercial nursery, in the AR-1 (Agricuftural Residential - 1 du/acm) Zoning District for the fol lowing descri bed propnrty: .. 30 35 40 E 112 OF E In OF NE 1/4 OF NE 1/4 - LES, S 400 FT - AND N 34(' FT Of S 1/2 Of W 1/2 OF E 112 OF NE 1/4 OF NE 1/4 - LESS N 140 FT Of 171 FT OF W 186 FT . AND BEG' AT PT ON N EDWARDS RD 20 FT W OF SE COR OF 5 112 0 W 112 OF E 112 OF NI 1/4 OF NE V4 RUN N 1/ T E II SD SEC TO PO 2) FT W OF E U OF 5 112 OF W 112 OF E 112 OF NE 1/4 OF NE 1/4 AND 340 5 OF S II OF NE W OF NE 1/4 Of NE 1/4, TH : RUN E 20 FT, TH S TO N RtN EDWARDS 00, TH WTO POB (9.67 AC) (OR 1521>-10811 . .. Location:4200 Edwards Hoad. .. 3.TREASURE COAST TRACTOR 58MŒ." (Lawrence Vickeß, Anent! for a Conditional U Permit to allow for It e operation of a second ai curtain incinerator w~hin the U (Utilities) Zon! Distôct for the followin!! described property: . SECTION 9 TOWNSHIP 355 RANGE 38 E THE EAST 112 OF THE EN;T 112 OF THE SOUTHWES 1/4 OF SECTION 9. TOWNSHIP 35 SOUTH RANGE 38 EAST. ST. WOE ÇOUNTY, FL iI. .. location: South side of Orange Avenue sion, approximately 3,000 feet west of Road. ' ~ ... 4.RENEE A lEBEN, to Deline a Oass ·A· Mobil Home as a Detached Single-family Dwelling Un' in the AG-5 (Agôcultllral-. 1 du/5 acres) Zoning District for the followin! , descñbed property: , L. THE NORTH 200 FEET OF THE SOUTH 1030 Æ OF THE WEST HAlF OF SECTION 34, TOWNSHI 36 SOUTH, RANGE :18 EAST, LESS THE WE 100 FEET THEREOF, :>T. LUOE COUNTY, FLORI DA r ... location:l1080 Carlton foad. PUBLIC HEARINGS will be held in the Commissio Chambers. Roger Poitlas An~x. 3rd Floor, SI. lu cie County Adminisln tion Building, 2300 Virgin! Avenue, Fort Pierce, Aoñda on September 1!) 2003, beginning at 6:0) P.M., or as soon thereafte as possible: ,.., L PURSUANT TO Sectiot,·2S6.0105, Florida S~tutes if' a person decides te appeal any.decision mad by a board, agency. IIr commisstoil with res to any matter considered at a' meétingòr ,hearing he will need a recor d of the proceedings. and that. for such purpoS4!S, he may' need to ensure that a verbatim rea Ird of the proceedings I made, which record i neludes the testimony an evidence Upoll which th e a ipeal Ì$ t~.be based. ... .. BOARD OF COMMISSIOI~ERS ST.LUOE COUNTY, flORIDA /S/ Cliff Barnes, CHAIRMAN Publish: September 5, 2C 03 282985 :f,\\ ¡. . .r0, ¡, ' '.- I'" ~. -I @) .. .. September 5,2003 COMMUNITY DEVELOPMENT DIRECTOR .. BOARD OF COUNTY COMMISSIONERS .. .. In accordaJ:lce with the St. Lucie County Land Development Code, you are hereby advised that TREASURE COAST TRACTOR SERVICE, INC. (Lawrence Vicken.~ Agent) has petitioned St. Lucie Comity for it Conditional Use Permit to allow for the operation of a second air curtain incinerator within the U (Utilities) Zoning District for the following described property: ... Location: South side of Orange A venue Extension, approximately 3,000 feet west of Sneed Road. L. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST ... The second public hearing on the petition will be held at (i:00 P.M., or as soon thereafter as possible, on September 16, 2003, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florükz. All i1terested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. ~ .. .. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. f ... The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn. in. Any party to the proceeding will be granted an oppomnity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. I.. ~ ... l Anyone with a disability requiring accommodation to atte nd this meeting should contac..Lthe St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D. 772/462-1428. i. If you no longer own property adjacent to the above-described parcel, please fOIWard this notice to the new' owner. Please call 772/462-1582if you have any questions, and refer to: File Number CU-03-011. L. Sincerely, S:: LU:. IE. COUNTY BOARD ~ CO/MMISSIONERS aZk&~~Y~ ~Ii;N~~, ~hainnan ~> ~ .. JOHN D. ßRUHN. Disrrict No.1' DOUG COWARD. District No.2' PAULA A. LEWIS. Disrrict No. J . FRANNIE HUTCHINSON. District No.4' CLIFF ßARNES. District NO.5 County Adminisrrotor - Douglas 'vi. Anderson I.. 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 . GISfTechnic~l Services: (772) 462-1553 Economic Development: (772) 462-1550 . Fax: (772) 462-1581 I.. Tourist/Convention: (772) 462-1529 . Fox: (772) 462-2132 ""'"'' --. _~ I. ._:_ LI _._ .. .. ill. ¡.. .. ~ - COUNTY ..~..;\ FLORIDA..... === AGENDA - BOARD OF COUNTY COMMISSIONERS SEptember 16, 2003 6:00 P.M. TREASURE COAST TRACTOR SERVICE, INC. (Lawrence Vickers, Agent), has ... petitioned St. Lucie County for a Conditional Use Pemlit to allow for the operation of a second air curtain incinerator within the U (Utilities) Zoning District for the following described property: .. ... ... ~ .. v ~ i.. ... ~ Location: South side of Orange A l'enue Extension, approximately 3,000 feet west of Sneed Road. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter cQnsidered at such meeting or hearing, he will need a record of the proceedings, and that,for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a,hearing upon r:equest. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners ... September 5, 2003. Legal notice was published in the Port St.· Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on September 5, 2003. L. II. -~ .... .. File No. CU-03-011 _.~ (£~j) II. .. .. .. .. II., ... j .. ... .. ¡¡. .. r: II. ¡ .. ¡. ~ ill. ... t. ~ ill. CYNTIDA AND ALTO LEE ADAMS, III 25305 Orange Avenue Ft. Pierce, FL 34945 (772)466-6170 September 8, 2003 HAND DELIVERED _ Mr. Dennis Murphy Community Development Director 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 In Re: Treasure Coast Tractor, Inc., and Treasure Coast Land Clearing Resolution 00-022; File No. ClJ-00-006 Dear Mr. Murphy: It has come to our attention that the above-referenced matter is scheduled for public hearing on September 16, 2003, at 6:00 p.m. We have been told that our letter dated June 10,2003, a copy of which is enclosed, to Daniel S. McIntyre, County Attorney, will be brought up for discussion at this time, as well as . the matter of a second air-curtain incinerator. In response to a letter we received from Mr. Mc:Intyre dated June 17, 2003, wherein he advises us to provide you with information of l)violation of any condition imposed upon such approval; and, 2)upon complaint and proof of advl~rse effect on adjacent properties; enclosed please fmd í11e following: 1. copy of Division of Forestry 'Incident Card', dated February 15. 2001, burning berore 9:00 a.m. in violation of condition A3 of the Conditional Use Permit ("CUP"). 2. copy of Division of Forestry 'Iñcident Card', dated Iv1arch 18,2002, smoke complaint. show- ing adverse effect on adjacent properties. 3. copy of Division of Forestry 'Incident Card', dated August 8, 2002, smoke investigation, with 'remarks' on page 2. "--" Ita- .. .. ... ... .... .. ... .. .. i.. .. .. I.. L. ~ .... ... ... Dennis Murphy page 2 4. Copy ofletter addressed to Doris Vickers from Ray Wazny, Assistant County Administra- tor, dated June 6, 2003, outlining the Stop Work Order issued by St. Lucie County Code Enforcement. (5-02-02) for the simultaneous operation of two air-curtainîncinerators. The 'CUP' only allowed for one incinerator. 5. Copy of Division of Forestry Burning Authorizations for July 17, 2002, which shows that Lawrence Vickers requested a bum authorization fhr this date. Also attached: Division of Forestry 'Incident Card' which shows that John TaUey was cited for an illegal bum on the same date (7-17-02) page 2 of incident card shows that he is burning without an authoriza- tion. 6. Copy of transferred notes of Sean W. Hobbs, DEP ESII, dated August 5, 2002, wherein when asked "Why have their been two plumes on (Jccasion?" Mr. Talley remarks "two different operators; Treasure Coast Tractor and Treasure Coast Land Clearing. Both paragraph 5 and 6 shows operators blatant disregard for both the 'CUP' as well as the meeting with county staff and their attorney in May of 2002. 7. Copy of Warning Letter and fine from the Department of Environmental Protection for operating without a valid DEP permit to John Talley. This is in violation of condition D of the 'CUP'. Said letter dated October I, 2002. 8. Copy of W arningLetter and fine fronlthe Departnwnt ofEilvironmental Protection for operating without a validDEP permit to Lawrence Vickers.. This is inviolation.of condition D of the 'CUP'. Said letter dated October 1,2002. 9. Copy of Warning Letter from the Department ofEIJvironmental Protection foruñãuthorized open burning issued to John Talley and dated April 15,2003. 10. Pictures of open and unlocked gates. This practice started in the later part of May of2003 and continued into July 2003. This is in violation of A4 of the 'CUP'. II. Picture of burning pit taken at 7:30 p.m. on September 3, 2003, looking west from Sneed Rd., in violation of condition A3 of the 'CUP'; and in violation ofDEP's rules for (j;j) .. .. .. Dennis Murphy Community De velopment Director Page 3 ... I.. Startup/Shut Down; and Loading before Shut Down; a copy of paragraph 1.9 and 1.l0 attached to picture. These rules me part of the Notice of In tent to Issue Air Construc- tion Pennit that is given to applicants. This practice has been observed numerous times this year. The gates on Orange Ave. are locked and no one is present. The black smoke that is emitting from the pit is not within required opacity levels.. Smoke related fog was a problem the next morning on September 4,2003. ti; ... i.. If you have any questions pertaining to the abclve items and the attached exhibits, please let us know. i. Sincerely, .. f¡ ì. ë;;¡~ ~ ~ /III .. enclosures ø;d:~ t;', fi- .. k i. ~ L .. L. ... ! TIM~i' IiIa . REMARKS ------ ..------------- . ---.- .-.- -.--. L -. --- ... ... _.- .__._,--------_._- - -.-.--.... . ----' - % ... i. -- -----.-.- --------------------------- .. ¡ I L.- .... :~ k__J ¡:~ '.' .. "'1 Ir.~ i:~ ... I ._-~ ¡~¡ .,. . I· -_:~. ¡ .. .. ... ".. '-~ ¡¡¡~ l.~~ !'~ .. I ! __ _.' u ._.~.' ... .. ..._.'. _mo. ..-._-_...-.-_... . .. ~ ... -- --~--j --- .__.__.________n.__________····______ ¡ -- , ... L. --- n _____J ._.._ __n.________.__·_______·________·__·___________·_______ ...--------.--- I i I (i00) " .. .' . »FJ;)~Ut.Ut of Ag,;cultu,. i -- '\\t')~/d Consumer Services .~. ~~; Division of Forestry ~ . '~ INCIDENT CARD Ch~~:i~:;~ ~ LJ ~ ~~-ff /1335 ~PO?3E~Y ~ ¡PHONE ¡ IDAT~ / ÓlfJ ¡IFlRENUMBER í SE&'Dr( I TOWNSHIP I LATITUDE (effective 7/01/02) ~==IJ v'bNE.RAL OIR ·F~IDENT. Cn__. , rIPERV~S_O~.. 'F ~R _ _ .~, n'__ __,.__,.____ -.. ......,.. 'r EPDRT NOT '\ CANCELED. I REOUIRED .-- ~ "..--- . -. - ~ -"~-'-.'''''''''~'-- '-. r;; NDV BY SMOKE I MUTUAL AID .'. OTHER I () . COMPLAINT ¡ · INCIDENT r CAUSE I.· . .... ACR: ._ -jINCID NT NO.~---- I 35- RANGE '¡NINO WIND BUILDUP SPREAD RELATIVE. FIRE ! SPEED ¡ DIRECTION' INDEX ,INDEX HUMIDITY READ. LEVEL 'F~EWNUMB~R ;ŒFPCer- ~)CATIONr¿;-~~eer- ~REWINITIALS ~eleer- rECEIVED CALL elieer- rEPORTED TO CREW eeleer- ~REWSTARTED eeller- fREW ARRIVED g71eí-llr- fONTAINED I ellei CONTROLLED TIME I ellei rELEASED ~llei DACS-11413 (REV. 9/~1 \ ,t f\. SH4413 (FPSSOO-: C¡;;"l V\\ l) r, i F:~ _ ---:--- - . I - - . --~ . . - .-._--- . - .--- I I I I I I , I ! ...: ~ --..------------.--..---.----.--- ..- -_. ..--.-.---. -..--.-----.---- -- -- ~ ..,,------ .-.--- .' T.IME 1_________ __ _ _~~~~S_ _.--J -- - _h --- -.. - - - - -- ~------ I î ---' i ! i ! '1ME REt-1ARKS .. l L L. L L. L. iw ~ i. L.. La ilia ~ l .. Florida Department of Agriculture and Consumer Services .t: · . DIVISION OF FORESTRY :.11, INCIDENT CARD ~~~ PHONE rE FIRE NUf'.1BER INCIDENT NO. 3/tg/DJ dd.S Q~-R SEUlON SECTION. TOWNSHIP RANGE / 1 3ó 3f NOV BY OTHER INCIDENT MUTUAL AID CAU~;E ACRES WIND . SPEED WIND DIR. BUilDUP SPREAD INDEX INDEX REl. . FIRE HUM. READ. LEVEL CREW NUMBER LOGIT/ON CRE~/INITIAlS RECEIVED CALL REPORTED TO CREW CREV! STARTED CREVI ARRIVED CONTROLLED TIME MOpJED-UP RELEASED š ... ......,., Florida Department of Agncu ture and Consumer Services !i! "" . itJd" Division of Forestry . "';~~=:~~~ ;~~Jø' INCIDENT CARD ,/ . 7 Permit ~m;~T NAME M~ 1 FIRE NUMBER '~JV I J.NVJ ^ f:IDE~~ ::P1E ,.J- --/ RðOK~Y V ~ I s?Î~? - LANDOWNER I rANDOWNER'S PHONE NO. Y öNT~DM I &i SJ~/N,r"..t/' LATITUDE (effective 7/01/02) LONGITUDE (effective 7/01/02) SECTION-TOWNSHIP.R'ÀNGE ~ ~ I ~ ~ I ~ I ~ S T R j '7~ v~ fwtt !lO' ,. 'ii, ',' r; J. "'~ , ·11 ~~, ¡¡ ~ \~ i;,~ i ~ ¡,~ ~ f¡ C:!" ii ,- ;..'~ ~ >, ., r:" ~ ~...~~ !i~'Ÿ ~~J! ~..:~': ~·~ð.1 ~ .. à. .... ... ... .... IJ . IN CIDENT C01MANDER JÃJ1¡ f' /l,-d-A,/1 F~~L TYPE o Palmetto-Gallberry 0 Grass o Dense PIne 0 Muck o Swamp 0 Blowy Leaf o Other I dM Ir~Et2i~ /J . . FIRE CAUSE o (A) Ecaped Ñon·Auth 0 (F) Smokl )g o (B) Escaped Auth. 0 (G) Campllre o (C) Incendiary 0 (H) Chlldmn o (D) Railroad 0 (I) Breakout o (E) Equipment Use 0 (J) Strucllre o (K) Lightning o ( L) Misc. o (M) Unknown (List for Misc.} I LJA:TY ';'d<J/ Æ ~ CANCÈL~D . YON 0 C..wCELED 209 NEEDED YON 0 BY REPORT REQUIRED YON 0 ,a ACTION TAKEN YON- 0 _ i.. NOV BY: .¡( A 1Æ\. /)/) -1-17'''', ' NOVNUMBER:..... ~(" LIMITED ACTION ACRES , SMOKE COMPLAINT yo NO MUTUAL AID SUPPRESSION CHARGES YON 0 ADMINISTRATIVE FINE yo, NO· DECLARED CONTROLLED BY - - WIND SPEED ACRES FIRE CONTROLLED ..._ ~"" ¡ WIND DIRECTION BUILDUP ~ DATE CONTROLLED L. SPREAD INDEX RELATIVE HUMIDITY FIRE READINESS LEVEL L i.. CREW NUMBER 13 LOCATION FP CREW INITIALS 13.p RECEIVED CALL ~ Z5lD REPORTED TO CREW () g!X; CREW STARTED /\4 t:1 'J " .. , --.-------------------- L MILEAGE , L CREW ARRIVED Ot¡fl:/ ._______u_____._...__. , MILEAGE - TRUCK MILES BEG t= -..------------------.. , END ... TRACTOR (HRS) BEG .--.--.--.------..---.. END ... CONTAINED CONTROLLED TIME ... RELEASED I~ . OUT OF SERVICE -. -.... - - - - -.. -. .......... -. ...... íaa MILEAGE DACS-11413 REV. 7/02 &k\ b'\+ 3 ~(D) SN4413 (FP5500·3) ilia ~ ... . INCIDENT NUMBER: DATE: PAGE 2 OF L ... TIM E REMARKS ØRFJð ()}{.~ '\"'A~J/;[ Ju~/ rL.;tA! .~~¿AJUd I/)AA~ /1".. A ~/7 , ßJ.ll/fA/l .L.-. j Jj/~A~ßd C¿. /) #,'" f IOr~ I J ~1Yn -~bJ..-1 a)/ .fA..u AI I? UIA. In n ¡.¡~ I ~ A ~A j t:;k PtI-t- h 1 AJ JLI J 11 ..v\ Ii J J...1) A J /'/1 h;¡'- ~ AA'J /f-i/í 7 ~j /J./1 ~ q j{j I J W) A: . -h~:¡ :r ,';.¡IJ n ~ ~ ~7 ELI ~j.. 1.j..). ~ ¡:¡;:;;¡: 11......, d .-1-*." I~ IIJ.fn.l AI N I1ph hJ JJlf} A~IJI..I j -.,- I 1()1~ ()g~' /',"/'U..14/1") ()}u bra ~1111/ 7j" --L~J4rr /J/\/L;/IJ ¡LA./. /} -A 11. IÎ ;.,; ;J . A rí1 /l ,,~I /) hi d . -.:t-=L. hi : ~ III -A A'1It .It ..L'~ I IOL/í (-:1. - (Jß~". /1 ~ Nt '^" . '5bIv /I./I//'11 / . . ")1/ f) --;/ / A A" " ~ A. A í. ~ f.- n /YV¡ l1~/,'L'íf ,.1 p J wri7 7 /} MÆ '/U1' ...... ,I n I. /1 /\1 ~ ^ j i-A-'" .A jif I-/l 1i7 ,,} j .~'.' "^'" -'W' I C--1/ , f.'7 fC2 r---t:! I r-:=J r;:.. ~F rë:? ~ II ; :-.. .<:~~?:;:;L ;-~,II ~/ ~L-/ -J. -/ù' _" Ih br )tjK~ . I{ V(../ '·,.}.l.I. U \.. -, '/ . -V'¡ JI' '-- , ilia L , í. , ~ L l L ~ .. ~ .. L.. . . . -- .. ~ II. ~ ~. II. l L i ;, ...  I} L.!' June 6, 2003 COUNTY ADMINISTRATOR L. BOARD OF COUNTY COMMISSIONERS ! L. DOUGLAS M. ANDERSON L.. I t II. Ms. Doris Vickers Treasure Coast Tractor Service, Inc. 1210 Pulitzer Road Fort Pierce, FL 34945 L Dear Ms. Vickers: / ~. ill ïhank you for your letter of May 22, 2003. Changing the zoning for your píOperty on Schumann Road and obtaining a conditional use for the operation of an air curtain incinerator will require a public hearing and Board of County Commissioner approval. The property you own on Schumann Road will need to be rezoned to "Utility"and a Conditional Use must be approved by the Board of County Commissioners to allow for use of an air curtair incinerator. It is my understanding that you have picked up a copy of the required applications from Community Development. These applications will need to be submitted back to Community Development for processing. ~ t. '- ÍIIII The conditional use approval previously granted by the Board of County Commissioners for your current operation on Orange Avenue is for a single air curtain incinerator on a single parcel of land. I understand that you have obtained approval for a lot split on this parcel, essentially creating an opportunity for two separate independent incinerator Dperation (Treasure Coast Tractor Service Inc. and Treasure Coast Land Clearing). When the Board of County Commissioners approved the original Conditional Use, they did not contemplate approving two independent operations on the property. The original application was jointly filed and represented to be a joint or shared operation with one burning unit. L ) .. 1\ I.. The recent joint application of John Talley/Lawrence Vickers to amend the original conditional use to allow for a second air curtain incinerator on one half of the recently split Orange Avenue parcel cannot be processed because Mr. Tally, has withdrawn his support. However, assuming that the parcel spilt has been recorded, you may submit a n3W individual application to have a new air curtain incinerator on your half of the split land. If YOL want to file an individual app14cation for this newly created "split" site, you will need to submit tI" e enclosed applications to the Community Development Department. ¡') ß. ill s.;.-' ... Over the past several years, County staff has had to address with both Treasure Coast Tractor Service Inc. and Treasure Coast Land Clearing a number of issues with the operation of the Orange Avenue site including smoke emissions, multiple air curtain incinerator operations and debris falling from improperly covered vehicles. A summary of issues is provided below: ~ ... L J 1. Reports of the simultaneous operation of two air curtain incinerators on the site last year (2002). This was confirmed by St. Lucie County Code Enforcement and a Stop Work Order was posted. This was resolved after staff visited the site with John Talley, Lawrence Vickers and attorney Ed Becht to confirm the!t one of the two air curtain inciner s wa removed from the property. ~ì<-h'\b\ + ± JOHN D. Of1.UHN. DlStricr No.1' DOUG COWAf1.D. Dlsrricr No.2· PAULA A LEWIS. Disrricr No. J . FRANNIE HUTCHINSON. Dlsrricr No. <1 . Counry Administroror . Douglos M. Anderson 2,300 Virginia Avenue · ForrPierce. FL,34982-5652 · Phone(561)462-1450 · TDD(561)462-1428 FAX (561) 462··21J1 ... ... ! i.,. ... i.. ~ '- .. L ì ... ~ is ... f L. ~ ... L 1: ... ¡. L ~ ... , .. .. '- ì, ... " Page 2 June 6, 2003 Zoning/ACI 2. Reports of excessive smoke from the site. This was reported as an ongoing concern and was confirmed by staff site visit. The issue was resolved after the in- grou~d air curtain incinerator was replaced with an above ground air curtain incinerator allowing for a more efficient burning process. 3. Reports of trucks traveling to the site were not covëred. Staff called the Sheriffs Department to ask that Orange Avenue be patrolled and any improperly covered vehicles be cited. 4. Reports that the site had no Department of Environmental Protection (DEP) permits. This was confirmed and a Stop Work Order was posted. This issue was resolved after the DEP issued a permit. 5. In April, 2003 a second air curtain incinerator was located at the site. Code Enforcement posted the site with a Stop Work Order. This i~,sue was resolved after it was confirmed that only one of the two air curtain incinerators would be in operation. Other concerns expressed to the County about the Orange Avenue site include the stacking and density of material stored and the potential for a large fire and the depositing of material from companies other than Treasure Coast Tractorrrreasure Coast Land Clearing. The Orange Avenue site was the first air curtain incinerator location approved by the Board of County Commissioners. Based on our experience to date with the Orange Avenue site, County staff will conduct a thorough review of any new appliGation before any recommendation is made to the Board of County Commissioners. Please be advised that there is no certainty that we will provide a positive recommendation. It will be entirely incumbent upon you to demonstrate that the problems and issues associated with the Orange AVE!nue facility will not be repeated. Sincerely, t /¿'~j..<.. ;..--- Ra'!./:;J:;ny/- AsKl~~nt Cou~t {A~7inistrator RW:dlt \ ~ \ c: Board of County Commissioners Doug Anderson, County Administrator Dan Mcintyre, County Attorney Dennis Murphy, Community Development Difi~ctor Dennis Grim, Code Enforcement Manager Ms. Cindy Adams Mr. John Talley ß5/22/2~33 :J"2: 7724b1)353 .,. 0:: :- ~..:,ç-(F. p.;r£ a: ~. ~ ... TREASURE COAST TRACrOR SERVICE. INC. 1210 PULmER roAO 172-464-2582 FT. PIERCE, FL 3494:5 k f .. ST. ux:IE 0Jt.IKTY ATT: MR. RAY WAZHY & HRS. FRANNIE HUTCHINSON FIE: DEP S/22/crJ L. MR. WAlJfY. ~~ 'ý\+Ì?~Kt DEP FAXED THIS LEITER OVÐI TO ME YESTEJ10AY. I TIOJGHr IT VERY IHTERESTING ..J 0\ lHA1 SHE THm<S ~E KtOlS SO KDf. K'JST OF THE THIHGs SHE HAS lISTED HAS D ¡ ), '. NOTHItiG TO 00 WITH TREASURE COAST TRACTJR SERVICE. WE MAY HAVE A BURNER Y1 tOY\'\ t\\ V\ '. .. 1).0 DOt lMcl;(nt~ SIT. "" IT IS IÐT 'OO"D ... f() """... -'RJ1E 1>iERE IS ..... _ <;)Þ,,^,,\.L '.~ . " "'TJiAT WE ARE BlIWINS. _ r ~ {-, ,-,,-tl... ' b UA" ~ 1M 'Z-oc.3 - I IN_... CIllDY """"" YESrnÐAY THAT ~, ... TRTIIiG 1D PEimr SD THAT . tv-.. "Dh\. ~ ' he CAlf CLEAN UP OOR SIDE, GET A LOT SPL.:::T AltO 80YE (U PIT. .' ... SIfE IS IN AGREEHBrr WITH THIS M; LOt«; A¡' WE I()VE, WiIQi WE AlllCJÐt THAT IS Mmes WHAT SHE IS AFTER. . MY QUESTION IS . CAN WE HOVE TO (XJR SO!ll'tMW AD PRíPERTY 109 AC. NrJ GET ^ AGFIE8400 FROI'! THE COlJmY FDA THE Uffim ZOfiIHC? WE HAVE BEEN W.\tT.IN; m HEAR FROM DEltUS MJRPHY SINCE ruE FIFST OF THE YEAR, HE SEEMS TO BE PUffiNG IJ'S OFF OOE TO TREASURE COAST lA.'ID ClEARINGS ATTURNEY : EDDIE 8EDfr, THEY ARE MAKING SUflE THAT fJ.QTHIN; WIll CÆSE lHÐ:J TO LOSE TtÆIR PEIf1IT, SO QUR D.JMPANY IS PIJT OH 111E BAa: rUINER ~IlE I N4 PAYING FOR A $116.000.00 BURNER. MY ATTORNEY RICK FAR.RELL WIll BACK IN TO~ ON WEDHEStJAY 5/28/rr3, I f01E THAT HE CAN GET SOME QUEmOkS TAKEN CAR~ OF FOR ME, BECAuSE ALL MY CAlLS ARE NOT GETTING HE AHYwHERE. I HAVE BEEN TOLD 111AT 111E COIJKTY HAS A Hi:Aß1M; EVERY arnER MONTH so I MUST HAVE BEEN PlIT OFF 2-3 MEE"T"OOS ALREJ~Y. TIlE REASON FOR WE LOT SPUT AM) KJVE IS CUIT CLEAR. WE 00 NOT WANT ANY PART TO DO WITH A Ct}IPAH)' 001 CNWr COMPlY WITH THE RUlES ~D GOOf} STANDARDS OF L _ Rt~NING THE PIT. . ..L- M\t: I OUR SIDE HAS BEEN INSPECTED BY THE FIRE MRSHALL AND OUT PILES ARE SEPARTED W ~\ . THE WAY THEY SHOutD BE SO THAT IF A SPAft( GOT OUT OF HAHn IT COUlD BE FUT CUT. WE WEtC())£ A INSPECTION EVERY D~Y IF CINDY AOAHS WANTS ITI ALSO WE HAVE NOT HAlJLED ANY HElAlEUCA,RUBBER.OR AUSTRAUM PINES m BURN. SHE HAS CALLED IN AT TD1ES THAT THERE IS NO WRND/G FRO! us GOIrG ON, BUT ruEY HAD 7 PILES BURHING ~ THE RAHCH Al«:J OTHER PlÞ.CES AROUND HER. "'^ n., J If t"- 7-- SHE EVEN CALlED DEP 0lIT API) TO HER S.1RPRI ZE WE WEßE HOT BlJlffINC AND DEP WAS ( '\IM.,' T- NOT VERY HAPPY WI111 HER, ALeN; WIT1i A FEW OTHER DfFICALS. J . 1 ALSU NOTICE æe USES ADAMS RANCH STATIOI~ lIlT (J ty HER & HER HUSBAND SIGN IT. <" af.. \e~~--;'" ~ s::.N=~R~~~~':~O~~';.:'~MI';;· ;~ID'-;;'E;R ~-ro ~Et~ . -r "\; All) DO THEIR JOB BY FOLLC1.aHS. OUR TRUCKS. . - . ,/ rAM TRYOO TO IIJN A BUSINESS WI11J THIS ¡"'OMEN TRYING TO START SC»4ETHING EVERYT!HE . K J. io:F. TURN N=nINO , I KtGI SHE HAS TO BE BRO~~ERING EVERYONE UP THERE AND DE? ALSO. ~. C. ~.¡¿'¡e. .ALL I WANT TO 00 IS GET nus CQl4PLETEO AND MDVE.OH. AND J:l\t4 SURE YOUR OFFICE ....., \ c.OV- f-.5 SHOULDWANï TO DO THE S,6JI4E, so WE OON'T HAVE TO HER FROM HER. v.-V'- ve. XIV ... ... i ... L. l L r .. ... ~- L s:'rr"~, ~ ...Cnc~ _' " ~ DORI~i VIC1(ERS L ~ .. ~ L ~ L ___"___~_.__.____.._ _0 -. -- 1/ .. ¡., rIR114 t H671- ~3961 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY 1 FIRE REPORTING SYSTEM BURNING AUTHORIZATIONS 07/15/2002 - 07/28/2002 I~ 35S/38E DISTRICT: 16 OKE£CHOB££ 06/28/2003 6:47 AM PAGE 1 ... AUTH. NO.1 BURN TYPE 1 SCT TWN RNG CNTY ISSUE DATE ACRES DAY PHONE LANDOWNER 1 NIGHT PHONE =================================================--============================== ~ .. 56 060183 0 AGRICULTURE VICKERS, LAWRENCE ???? 07/15/2002 (772)464-2582 (772)~64",2582 "'09 35S 38E* COMMENTS: LC AIRCURTAIN NO WEEKEND AUTH PER OU 1. COMMENTS: LOV STR/07152002 56 060391 0 AGRICULTURE HORIZOtl TREE FARM, ¡ 07/16/2002 (772) 562-5789 (772) 473-5418 L.26 35S 38E COMMENTS: BRUSH PILES, HVY EQUIP/MANP COMMENTS: lOV STR 07162002 i 56 060404 0 AGRICULTURE VICKER~;, LAWRENCE _ 07/16/2002 (772) 464-2582 (772) ·~64-2582 009 35S 38E* COMMENTS: LC AIRCURTAIN NO WEEKEND AUTH PER 01<3 COMMENTS: LOV STR/07162002 56 060833 0 AGRICULTURE HORIZO~ TREE FARM, 07/17/2002 (772) 562-5789 (772) ~73-5418 i, )26 35S 38E COMMENTS: BRUSH PILES, HVY EQUIP/MANP ~ COMMENTS: LOV STR 07172002 II. / 56 060873 0 AGRICULTURE VICKERS, LAWRENCE ~ 07/17/2002 (772) 464-2582 (772) 464-2582 ~09 35S 38E* COMMENTS: LC AIRCURTAIN NO WEEKEND AUTH PER OK3 COMMENTS: LOV STR/07172002 ~ 56 061190 0 SILVICULTURE NATURES KEEPER, .. 07/17/2002 (772)467-1230 (772) 465-8877 028 35S 38E* COMMENTS: BRUSH PILES, HVY EQUIP/MANP COMMENTS: lOV STR 07172002 ~ .... 56 061192 . 0 AGRICULTURE MEDLItI, GILBERT 07/17/2002 (561) 216-4972 (561) 466-1670 ~L" ~01 35S 38E* COMMENTS: CITRUS PILES HVY EQUIPIMANP COMMENTS: LOV STR 07172002 56 061294 u. 0uAGRICUL TUREuHQRlZON. TREE FARH, ~. 07/18/2002 (772) 562-5789 (772) 473-5418 ~26 35S 38E COMMENTS: BRUSH PILES, HVY EQUIP/MANP COMMENTS: lOV STR 07182002 L La* SMOKE-SENSITIVE AREA ¡ I.. ~~h'\ \:)\+ s; L , ~. I. J I b --1 L \ J L-~'---- I I L I L I _J L. .dl ¡~: '-. .. _~'J.'.~__~_'_'.~~_~.-----~'-'-"'-'- .~. d"·_· _... ..... ._.' g-~-- ~Jlii<~=~ .. -.----T -. - L =l:--'-~m_ ----- ~.._J t~=r=--~==~==-==~~~=~='- -,- H ,I-.==J--- ,d__ ... ..- -- - . .--. .-- -.... -.- . . ~~l·..--- ... I~¡ ~-=-.J L-J". .'-~ I i I , I L~ ¡ ".J------. ..~ \ . -- -...., . REMARKS ..-----.--- __._ .._..._... __ _.._. on 0_ u_..___···__· -.---- ..- ----.. ..-.- ----.-,.------ .....-.. ....- ..- L. ¡i , ~. .. 0_' _.., Florida Department of Agriculture and Consumer Services Division of Forestry INCIDENT CARD 4._~ Charle¡ H. Bronson Conmlssloner --1 ~. P RTEO~BY _ ¡PHONE 0{¡)) (\ ~ -;7.~ - 60g ,- ATE I ¡ FIRE NUMBER INCIDf~T NO. l;1/¡ 7 I(J?~ ..' ' LP'10 I __ . S~CTI~N I.... TOWNSHIP \ RANGE. rumTUDE (effective 7/01102)1 LONGITUDE (effective 7/01/02) ,¡;;=L :_SLL - 1m .. . l~=R~_~ 4d/; __ !{INClï;ËÑT'ëoMMANDER ,~ \tP~RVIS~R -~--' ìLU~Y OFFICER fLEPORT NOT,' -CAN' ELEO - \1 REQUIRED ; I I ' I i \ ¡ , \C N:~i=-_: -_cg~~~~ _ \I~=~ ~~ ,~_ .. I[ CAUSe- ! ACRe I ! If;':~~D-í~II~~~~:18~1~! sf.~~~DI~~frri:- :~~ I i 1 ' \ ' LEVEL : ¡ j . I ¡ ! : I ~ \ : ~ I ; I E~~~;;:_:jlù3-JI::IJCjL:::C \~~~~TI.O~.... .\~J___~nc\c¡- . . . ' . ~REWARRIVED IIIIII CONTAINED II1III jc:ONTROLLEDTIMEIIIIII rlELEASED Ir-= III DACS-11413 (REV. 9/01) SN4413 (FP5500 (t \:.. ¡ .. ... Transferred notes from field notes of Sean Hobbs DEP ,/ ... Questions to ask on site investigation: All questions were directed to John Tally on sit 05 August of 2002 j) .. Q: Who authorized the burning? A: Joe Spatero of Forestry. L. Q: How long haye you been at this site? A: These burners are not pennanent to this site. ~ ~---- L. .. Q: Where does the waste come from? A: Local lot clearing. t{ .. Q: Who is the owner operator? A: Treasure Coast TractorfTreasure coast Land Clearing. ~ .. Q: Are you aware that this could bother other people, neighbors? A: No Response L Q: Have you asked about other permit options? A: Open to ideas. ~ - L. Q: Why have their been two plumes on occasion? A: Two different operators; TC Tractor and TC Land Clearing. ¡ .. 6eQ~ tJ /IoU5J)EjJ b~1I ~~.4- ¥~ .5yrÞ -2ð03 ~ L .. L ¡ i.. ZKkb',+ ~ f L. -- L. - J Department of EnvirO,nmental Protection OCT 0 1 2002 ... l. ~ II. l .. L. ì: ... ~ ÌIIII L. \ ~. ... !, .. 1j~ .. !! .. '- .... La Jeb Bush Governor Southeast District P.O. Box 15425 West Palm Beach. Florida 33416 ...-~,.,7,G~ ~ ',::::: t· r:': ~~ ~ tû~:a~ CERTIFIED MAIL . RETURN RECEIPT ~9UESTED ,J ~ I J 7¿/?J~ ¡!8'b()~¡)tJ~ fr1i~/&/7 WARNINGLE'ITER WL02-00 17 AP56SED AP - St. Lucie County John Talley Treasure Coast Land Clearing, Inc. PO Box 1132 Ft. Pierce, FL 34954 Subject: Construction/Operation Without a Valid DEP Permit Dear Mr. Talley: The purpose of this letter is to advise you of possible violations of law for which you may be responsible, and to seek your cooperation in resolving the matter. Subsequent to the inspection on August 12, 2002 the DepartInent has discovered that a violation of Florida statutes and rules may exist. The inspection revealed an air curtain incinerator may be operating in Ft. Pierce without a valid DEP permit. Section 403.161 (1)(b), Florida Statutes, provides that it is a violation to fail to comply with any rule, regulation, order, permit or certification adopted or issued by the Department pursuanLtQits lawful authority. It is a violation of Rule 62-210.300 Florida Administrative Code to fail to obtain a valid Department permit prior to construction or operation. . The activities observed during the Department's field inspection, and any other activities at your site that may be contributing to violations of the above described statutes and rules, should be ceased immediately. Continued activity in violation of state statutes or rules may result in liability for damages and restoration. In accordance with the August 12, 1997 Departmen·:'s "Settlement Guidelines for Civil;.... . Penalties", and based on the Department ~ogram's Civil PenHlty Matrix, the penalty wmch would be proposed in this cas is ~50.00 plus $250.00 for thej Department's costs & expenses. You are requested to contact Rich Hofmann or Laxmana Tallam of this office at 561-681-6622 or 681-6632 within 15 days of receipt of this Warning Letter to arrange a meeting with Department personnel to discuss this matter. The Department is interested in reviewing any"facts you may have that will assist in determining whether any violations have occurred. You may bring anyone with you to the meeting that you feel may help resolve this matter. ~x \r\\ \:)'\ i- I "More Protection, Less Process" 0V " * ÍIw .J ~, L. Treasure Coast WL02-00 17 AP56SED Page 2 of2 i.. 1. PLEASE BE ADVISED that tlùs Warning Letter is part of an agency investigation preliminæy to agency action in accordance with 8ection 120.57(4), Florida Statutes. We look fOIWard to your cooperation in completing the investig~tion.and resolution of this matter. . . ... '~, ... Sincerely, ~~~lr ~heL Drrector of District Management Southeast District ... ... t ... MLM:Tf:rh --k cc: Dianne Spingler, DARM, DEP, Tallahassee (Dianne.SpingleI@dep.state.fl.us) Air Enforcement Files, DEP, West Palm Beach Ray Wazny, St. Lucie County (wazny@co.s1.-lucie.fl.us) L. L 11 ¡.. .. \' .. .. i .. ... ~ ... ...,:)...- L ,.--- Department of Environmentall)rotection OCT 0 1'2112' David B. Struhs Secretary , ... .. ... , .. ... .. .. L. ... ... w i.. ~ .. iii. ... ¢ L. , 1: ... Jeb Bush Governor Southeast District P.O. Box 15425 West Palm Beach. Florida 33416 ~.~ - - :-~. ?',~ r.~~ t~·· l~, t~~:-: E~~ +,. .. . . . .. ~---- - CERTIFIED MAIL RETIJRN RECEIPf ~UES:ŒP/ / /11 1tJtJtfLLJ8' to ¿;tJtJ(p fr7',/ ð '/ f.?~ WARNINGLE1TER WL02-00 18AP56SED AP - St. Lucie County -,- Lawrence Vickers Ft. Pierce Tractor 1210 Pulitzer Rd. Ft. Pierce, FL 34954 SubjectGons!;rnction/operation Without a V~!-DEP permit\ Dear Mr. Vickers: The purpose of this letter is to àdvise you of possible violations of law for which you may be responsible, and to seek your cooperation in resolving the matter. Subsequent to the inspection on August 12, 2002 the Department has discovered that a violation of Florida statutes and rules may exist. The inspection revealed an air curtain incinerator may be operating in Ft. Pierce without a valid DEP permit. Section 403.161 (1)(b), Florida Statutes, provides that it is a violation to fail to comply with any rule, regulation, order, permit or certification adopted or issued by the Department pursuant to its lawful authority. It is a violation of Rule 62-210.300 Florida Administrative Code to fail to obtain a vaJid Department permit prior to construction or operation. The activities obseIVed during the Department's field inspection, and any other activities at your site that may be contributing to violations of the above described statutes and rules, should be ceased immediately. Continued activity in violation of state statutes or rules may result in liability for damages and restoration. In accordance with the August 12, 1997 Department's "Settlement Guidelines for Civil Penalties", and based on the Department Air ~. . ,the penalty which would be proposed in this case Ì\$9250.00 plus $250.00 fo the Department's costs & expenses. . -- - -- - -- - You are requested to contact Rich Hofmann or Laxmana Tallam of tlús office at 561-681-6622 or 681-6632 within 15 days ofreeeipt of this Warning Letter to arrange a meeting with Department personnel to discuss. this matter. The Department is interested in reviewing any facts you may have that will assist in detennining whether S \-\\ hït c¡] "More Protea;on. Le:;s Process" l r-'. \~ .. .. Ft. Pierce Tractor WL02-0018AP56SED Page 2 of2 ~ any violations have occurred. You may bring anyone with you to the meeting that you feel may help resolve this matter. ¡ ... PLEASE BE ADVISED that this Warning Letter is part of an agency investigation preliminary to agenCy action in accordance with Section 120.57(4), F10rida Statutes. We look fOlWard to your cooperation in completing the investigation and resolution of this matter. , .... Sincerely, ... k .. ~) . . l 0...... lis sa L. Meeker ate ector of District Management Southeast District ... .. MLM:TI:rh 4;r( cc: Dianne Spingler, DARM, DEP, Tallahassee (Dianne.Spingler@dep.state.fl.us) Air Enforcement Files, DEP, West Palm Beach Ray Wazny, St. Lucie County (wazny@co.st-lucie.fl.us) .. .. .. II. # ... .. ... II. t.. L I.. ... .. ~. '- ... L L I, .. l .. .. L .. ~: lilt -. ... ... í / Department of EnvironmentallProtection fILE Jeb Bush Governor Lllplti..L /5, 2003] Southeast Distri:t P.O. Box 1542~ West Palm Beach, Florida 33416 David B. Struhs SecretaI)' CERTIFIED MAIL # 7000 0600 0024 15995486 RETURN RECEIPT REQUESTED WARNING LEITER WL03-0003AS56SED AP - St. Lucie County John Talley Treasure Coast Land Clearing, Inc PO Box 1132 Ft. Pierc Subject: Unauthorized Open Burning at Treasure Coast Land Clearing Dear Mr. Talley: The purpose of this letter is to advise you of possible violations of law for which you may be responsible, and to seek your cooperation in resolving the matter. A field inspection conducted on April 8, 2003 by Rich Hofmann of our Department indicates that a violation of Florida Statutes and Rules ma)'" exist at the above described facility. The inspection revealed unauthorized open bUr:rUng that was ignited by sparks from an air curtain incinerator. Section 403.161 (1)(b), Florida Statutes, provides that it is a violation to fail to comply with an . . c" . Department pursuant to its lawful authority. It is a violation of Rule 62-256.300 for any person to suffer or allow any prohibited open bumin . The activities observed during the Department's fJ.eld inspection, and any other activities at your facility that may-be contributing to violations of the above described statutes and rules, should be ceased immediately. Continued activity in violation of state statutes or rules may resúlt in liability for damages and restoration. In accordance with the August 12, 1997 DepartIn~nt's "Settlement Guidelines for Civil Penalties", and based on the Departmen~ .. Reform Act, th~_ penalty which-would be proposed ìri this cas~iOOO.OO plus $250.00 for the Department's costs & expenses. . You are requested to contact Rich Hofmann or LaJanana Tallam of this office at 561-681-6622 or 681-6632 within 15 days of receipt of this Warning Letter to arrange a meeting with Department personnel to discuss this matter. The Department is interested in reviewing any facts you may have that will assist in determining whether any violations have occurre<!. S- h -\. b ',1- g "A1ore Protection. Less PraCi':'s" --~~ P'."d " "",1M '""',. @iJ L. L. L. 1.. ... Treasure Coast Tractor Services, Inc. Permit Number IIIOIIO-OOI-AC Page 60f8 DRAFT 1.6 Material Burned: The only materials that can be burned in an air curtain incinerator are wood wastes consisting of trees, logs, large brush, stumps relatively tree of soil, unbagged kaves and yard trash, tree surgeon debris, and clean dry lumber such as pallets. [Rule 62-296.40 1 (7)(e), F.A.C.) 1.7 Prohibited Material: The burning of sawdust, paper, trash, tires, g'lrbage, plastics, liquid wastes, chemically treated or painted wood, and other similar materials is e}Çpressly prohibitl:d. [Rule62-296.401 (7)(1), F.A.C.) - 1.8 Starting Fuel: Only virgin oil, natural gas, or liquefied petroleuIrigas may be used to start the fire. The use of waste oil, chemicals, gasoline, or tires is ex ressly rohibited. e - . 1 (7)(g), F .A.c.) .. '- 1.10 L. ~~, 1.1 I .. .. I .12 L I .13 1.14 .. .. 1.15 .. 2.0 .. 2.1 \:, 2.2 .. .. 2.3 .... .. Startup/Shut Down: In no case shall an air curtain incinerator be started before sunrise, charging must have completely stopped before sunset. [Rule 62-296.401(7)(h), F.A.C.) Loading before Shut Down: In order to ensure the visible emission limitations are not exceeded and objectionable odors are not generated, the air curtain incinerator's fan shall continue to operate after the last charge of each day until all combustion has ceased. For purposes of this condition, "combustion" means the presence of any flanles or smoke that causes a visible emission greater than 5% opacity. ules 62-4.070(3), F.A.C. & 62-210.200(278), Definition of Visible Emissionl Location: The air curtain incinerator must be located at least three hundred (300) feet from any pre-existing occupied building located off site. [Rule 296.401(7)0), F.A.C.] The material shall not be loaded into the air curtain incinerator sucf! that it will protrude above the air curtain. [Rule 62-296.401(7)(1), F.A.C.I Ash Height: Ash shall not be allowed to build up in the pit to highl:r than 1/3 the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. IRule 62-296.401(7)(m), F.A.q Operation and Maintenance Guide and Operator Training: A detaj ,~d operation and maintenance guide must be available to the operators at all times, and the pennittee must provide the proper training to all operators before they work at the incinerator. The Department may request a copy of this guide. [Rule 62-296.401)(7)(n), F.A.C.I Each trained opefator shall receive a certificate demonstrating that Lhe operator has successfully passed the training required by the operation and maintenance guide. During the tenur~ of the operator, a copy of this certifæme shall be kept on file at the facility and be made available to the Departmc:nt upon request. [Rule 62-4.070(3), F.A.C.I Compliance Monitoring and T~sting Requirements Initial Test: Initial test shall be conducted within 60 days after your air curtain incinerator reaches the charge rate at which it will operate, but not later than 180 days after initial startup. (40 CFR 60.2250(a)] After the initial test for opacity, conduct annual tests no more than 12 calendar months following the date of the previous test. 140 CFR 60.2255(c)1 Test Results: You must submit the résults of the initial opacity tests no later than 45 days following the initial test. Submit annual opacity test results within 12 months following the previous report. 162-297.310(8). F.A.c.) e JOHN D. ßRUHN, District No.1. DOUG COWARD, District No.2· PAULA A, LEWIS, District ~Io. J . Fr\ANNIE HUTCHINSON, Districr No 4 . CLIFF ßARNE5, District No.5 Counry AdminisTrotor ' Douglo" M. Anderson'ì -----'7" 2300 Virginia Avenue · Ft. )ierce, FL 34982 ¡O! @__J\:,'T;l:~' ,1 ' j - -., _.... --_.- --.-. Public WOrl~5: (772) 462-1485 · FAX (772) 462-2362 li1! ,;' Di'''ion ofEnginee,ing, (772) 462-1707 Fox 462-2362 · DNi"'" of Rood & ""dge, (77 ¡~6::¡ª,110F:l.xZ!!lhÎ2)~ Division of Solid Waste: (772) 462-1768 FAX 462-6987 --------- . I Division of [)uilding & Inspecrions: (772) 462-1553 fox 462-1735 · TDD ( -ß OFFICE wwwco.st-Iucie.f .us La r~ L. * L. L. .. ~ .. f"' .. .. .. t La L {; .. i. ... La , .. .. ¡.. '- BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT September 9, 2003 Ms. Cynthia Adams 25305 Orange Avenue Ft. Pierce, FI 34945 Re: Treasure Coast Land Clearing, Inc. and Treasure Coast Tractor, Inc. Dear Ms. Adams: The purpose of this letter is to address the assertions in the minutes you sent me as well as the question in your letter. Treasure Coast Land Clearing does not bring 18± loads at 10 to 12 tons each to this Landfill. Treasure Coast Land Clearing is a cash customer and our records at the Scale House shows approximately 2 loads per day from them. No land clearing debris or yard waste is disposed at th1 s landfill. All land clearing debris, yard waste, and horticultural material are ground and removed from the landfill every day. We receive approximately 250 tons per day of yard waste/land clearing debris that is ground on site and the n hauled off site and recycled by our contracted processor. Again, regardless of how much land clearing debris or yard waste comes into this landfill none is disposed of at this site. If our volume were to double we would simply gear our processor up to handle it and it would all be ground and recycled. Hopefully I have addressed your questions and if I can be of further assistance please do not hesitate to call. s¡n:~ ~. @eorde¡ro Solid Waste Manager C: Doug Anderson, County Administrator Ray Wazny, Assistant County Administrator Dan McIntyre, County Attorney Don West, Public Works Director L. l Agenda R1equest Item Number: Meeting Date: 50 CL Sept. 16, 2003 ~ .. Consent Regular Public Hearing Leg. [ ] [ ] [ x ] I ] Quasi-JD [ .. To: Submitted By: Board of County CommissionE'rs Community Development L. , I.. BACKGROUND: Consider request of Cyntlia & Alto Lee Adams III, for the Board of County Commis ioners to hold a formal public he aring to consider the revocation of a previously issued conditional use permit authorizing th,~ operation of an air curtain incinerator on property located on the south side of Orange A'/enue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District On June 6, 2000, thro Jgh Resolution 00-021, the Board of County Commissioners approved a change in zOling from the AG-5 (Agricultural- 1 du/5 acres) zoning district to the U (Utilities) zoning diHtrict for a 9.9 acre parcel of property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road. This rezoning petition was submitted jointly by Treasure Coast Land Clearing and Treasure Coast Tractor Service, two large, local land clearing I:ontractors in the community. In conjunction with this requested change in zoning, the putitioners were also jointly filing for a Conditional. Use Permit to authorize the establishmunt of a land clearing debris disposal site through the use of air- curtain incineration techniques. The approvals granted through Resolution 00-022, a copy of which is attached as Exhibit "A". authorized the operation of this land clearing debris disposal activity. SUBJECT: l i.. l L Attached you will find a copy of a request filed by Cynthia & Alto Lee Adams III, asking that the Board of County Commissioners hold a formal public hearing to consider the revocation of the previou:;ly issued Conditional Use Permit authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet Nest of Sneed Road in the U (Utilities) Zoning District. ~ ¡ .. In sum, the Adams allegu that the operators at this facility have, on numerous occasions, exceeded or violated the standards of Section 11.07.00 (Conditional Uses) of the St. Lucie County Land Development Code; the special conditions of Resolution 00-022 granting the Conditional Use Permit to Treasure Coast Land Clearing and Treasure Coast Tractor Service, for the operation of an air curtain incinerator and have, on several occasions, been cited by the Division of Forestry and the Department of Environmental Protection for violations ranging from e~cessive smoke to incomplete permits. ~ ¡. L FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A ~, .. If the Board believes tlat sufficient cause exists to consider formally revoking the Conditional Use Permit approval granted through Resolution 00-022, then a formal public hearing on the question 'Nill have to be noticed and set for that review. If so directed to schedule this review, Staff will schedule a public hearing on October 21, at 7:00 PM or as soon thereafter as possib e. Notice of this public hearing will be provided in accord with the requirements of the County's Land Development Code. r .. COMMISSION ACTION: L [=:J APPROVED Œ OTHER o DENIED RRENCE: D u sM. Anderson County Administrator ~t i.. Public Hearing scheduled for 10/28/03 @ 1 :00 pm a//CoordinationJ Signatures o Mgt. & Budget: Othe·: Purchasing: Other: ... County Attorney Originating Dept.: Finance: Q-~"l ;L~ - '-- (agend732a) ¡ ~ l * Ir. L ; .. L í .. L L l ~ ¡. L ¡ ~ L L L t L. r ~ t.. L. COMMISSION REVIEW: September 16, 2003 COMMUNITY IDEVELOPMENT DEPARTMENT (Planning Division) ME:MORANDUM TO: County Commission FROM: Community Development Director DATE: September 9, 2003 SUBJECT: Consider request of Cynthia & Alto Lee Adams III, for the Board of County Commissioners to hold a formal publiG hearing to consider the revocation of a previously issued conditional use permit authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District On June 6, 2000, through Resolution 00-021, the Board of County Commissioners approved a change in zoning from the AG-5 (Agricultural-1 du/5 ac:res) zoning district to the U (Utilities) zoning district for a 9.9 acre parcel of property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road. This rezoning petition was submitted jointly by Treasure Coast Land Clearing and Treasure Coast Tractor Service, two large, local land clearing contractors in the community. In conjunction with this requested chango in zoning, the petitioners were also jointly filing for a Conditional Use Permit to authorize the establishment of a land clearing debris disposal site through the use of air-curtain incineration tech niques. The approvals granted through Resolution 00-022, a copy of which is attached as Exhibit "A", authorized the operation of this land clearing debris disposal activity. An air curtain incineratorisdefinedbyChapter-17.256, F~A.C;, as a portable or-stationary- combustion device that directs a plane of high velocity forCed draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain. The air curtain incinerator is designed to destroy trees, brush and stumps in a S'afe controlled burning process. The increased combustion time and turbulence of the air curtain incinerator operation result:> in the complete combustion of the loaded clearing debris. The protective curtain created by the rotating air significantly reduces emissions from the incinerator. The likelihood of sparks escaping into the atmosphere and igniting other materials outside the pit is very remote. - -.- - - .- Over the last few years,· since granting the first Conditional Use Permit for the operation of an air- curtain incinerator on this site, both Treasure Coast Land Clearing and Treasure Coast Tractor Services, Inc., have been cited numerous times by local County Code Officials, Department of Environmental Protection and Department of Agricultural (Division of Forestry) Officials due to excess and continuous smoke occurring from the burning operations. In addition, the current facility has not met the assurances represented to the Board o'~ County Commissioners to ensure that the facility would not have an undue negative effect on the surrounding properties. Based upon the local performance record of the current operators and Gomplaints filed with County, the proposed expansion of this Conditional Use can be expected to aclversely impact the surrounding properties. --.......... l L. September 9,2003 Page 2 Subject: Treasure Goast Land ClearinglTreasure Coast Tractor Service RIe No.: CU - ()()..()()6 t .... Ir. The State Division of Forestry has stated that a numb er of Stop Work Orders were issued to this burning operation directing that the operation redesign/rebuild the trenches to meet current regulatory standards. The genesis of many of these Stop Work Orders were local area complaints that burning operations at this facility appeared to be in conflict with the issued operational permits. In addition, on April 7, 2003, as a result of excessive vegetative stacking a fjre was started in the stockpile areas as a result of a spark generated from the pit. ÍIIII Section 11.07.05(H), of the St. Lucie County Land Development Code reads as follows: ... H. REVOCA TION OF CONDITIONAL USE PERMIT Ii. In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every conditional use approval that such approval may be revoked for: J 1 ... (1) violation of any condition imposea upon such approval.. and ~ I.. (2) upon complaint and proof of adve¡'se effect on adjacent properties. i~ ... The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation to the Community Development Director, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. ¡ .. It t.. Attached you will find a copy of a request filed by Cynthia & Alto Lee Adams III, asking that the Board of County Commissioners hold a formal publiG hearing to consider the revocation of a previously issued Conditional Use Permit authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District. . L ~ I· ill In sum, the Adams allege that the operators at this facility have, on numerous occasiORS, exceeded or violated the standards of Section 11.07.00 (Conditional Uses) of the 8t. Lucie County Land Development Code; the special conditions of Resolution 00-022 granting the Conditional Use Permit to Treasure Coast Land Clearing and Treasure Coast Tractor Service, for the operation of an air curtain incinerator and have, on several occasions, beEin cited by the Division of Forestry and the Department of Environmental Protection for violations ranging from excessive smoke to incomplete permits. ~ I ¡. If the Board believes that sufficient cause exists to consider formally revoking the Conditional Use Permit approval granted through Resolution 00-022, then a formal public hearing on the question will have to be noticed and set for that review. If so directed to schedule this review, Staff will schedule a public hearing on October 21, at 7:00 PM or as soon thereafter as possible. Notice of this public hearing will be provided in acêord with the requirements of the County's Land Development Code. . ... I.. .. L. ~. .. September 9, 2003 Page 3 L.. Subject: Treasure Coast Land ClearinglTreasure Coast Tractor Service File No.:CU-OOOO6 If you have any questions, please let me know. .. L. SUBMITTED: .. ì; .. L l DJM/ VICKERS2(H) cc: County Administrator County Attorney Plannmg Manager C)'I')thia & Alto L. Admas III Ricky Farrell, Esq. Edward W. Becht, Esq. File l ¡ L. , ... ~ Iì ... L f I. L ~. .. ~ .. ž .. Cond 1 2 3 4 5 6 7 , L. i.. ... ... ? '- ... ... ÌIIa ! i ill .. .. r Ii. .. t.. t ~ i .. ¡. ï. i.. I l L _J ~-~ ,.---- \ ( /- Lfo/ \,"------_/ 8 ¡ Ii. ~ Agenda Request Item Number: Meeting Date: 5C (b) Nov 4, 2003 ~ ... L To: Submitted By: Board of County Commissioners Community Develepment [ [ ] [ x ] Quasi-JD [ x ] L L SUBJECT: Consider Petition of Lawrence VIckers! Treasure Co Tractor Service Inc., for a Major Adjustment to a previously approved Conditiona Use Pennit to allow the operation of a second air curtain incinerator on property located on the south side of Ora ge Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning Distri (File No.: CU-03-o11 ) ~ BACKGROUND: The petitioner, Lawrence Vickers! Treasure Coast Tractor Services, Inc., is requesting that the Board of County Commissioners grant approval for a Major Adjustment to a previously approved Conditional Use Pennit for property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road, within the U (Utilities) Zoning District. The purpose of the requested Major Adjustment is to allow for the operation of a second air curtain incinerator on this site that would be used for the disposal of land clearing debris collected from land clearing activities and operations conducted by the applicant. If approved, this requested use would be authorized under the provisions of Section 3.01.03(W)(7)(g). [Solid Waste Disposal] of the S1. Lucie County Land Development Code. ~ '- .. l On June 6,2000, through Resolution 00-021, the Board of County Commissioners approved a change in zoning from the AG-5 (Agricultural - 1 du/5 acres) zoning district to the U (Utilities) zoning district for a 9.9 acre parcel of property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road. This rezoning petition was submitted jointly by Treasure-Coast Land {:Iearing and Treasure Coast Tractor Service;-two large, local land clearing contractors in the community. In conjunction with this requested change in zoning, the. petitioners were also jointly filing. for. a Conditional Use I:)ermitto. authorize the establishment of a land clearing debris disposal site through the use of air- curtain incineration techniques. The approvals granted through Resolution 00-022, a copy of which is attached as Exhibit "A". authorized the operation of this land clearing debris disposal activity. ~ ¡ í.. L FUNDS AVAILABLE: PREVIOUS ACTION: N/A L RECOMMENDATION: At the August 21, 2003. public hearing on this matter, the S1. Lucie County Planning and Zoning Commission, by a vote of 7 to 1, with Commissioner Trias being absent, recommended denial of this petition as set forth in Draft Resolution 03-185. Staff recommends that the Board deny the petition of Lawrence Vickers of the Treasure Coast Tractor Services, Inc., for a Conditional Use Penn it to-allow the operation of a second air curtain incinerator in the U (Utilities) Zoning District for property located south of Orange Avenue approximately 3.000 feet west of Sneed Road as being inconsistent with the standards of review set forth in Section 11.07.03 of the S1. Lucie County Land Development Code, and. is in conflict with the Goals, Objectives, and Policies.of the S1. Lucie County Comprehensive Plan. ~ .. L [XJ APPROVED c::J OTHER COMMISSION ACTION: CONCURRENCE: .. D DENIED APPROVED +-1 (COMM. COWARD - NO) ,'" j;( i.. County Attorney Originating Dept.: Finance: {À/ ~14 Coordination! Signatures Mgt. & Budget: Other: Other: ;)L~0 \¿ V L (agend746a) L L ¡ .. COMMISSION REVIEW: November 4, 2003 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) l MEMORANDUM L. TO: County-Commission FROM: Community Development Director v I.. DATE: October 29,2003 Ii .. SUBJECT: Petition of Lawrence Vickersl Treasure Coast Tractor Services, Inc., for a Major Adjustment to a previously approved Conditional Use Permit to allow the operation of a second air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District (File No.: GU-03-011) I I.. l The petitioner, Lawrence Vickersl Treasure Coast Tractor Services, Inc., is requesting that the Board of County Commissioners grant approval for a Major Adjustment to a previously approved Conditional Use Permit for property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road, within the U (Utilities) Zoning District. The purpose of the requested Major Adjustment is to allow for the operation of a second air curtain incinerator on this site that would be used for the disposal of land clearing debris collected from land clearing activities and operations conducted by the applicant. If approved, this requested use would be authorized under the provisions of Section 3.01.03(W)(7)(g), [Solid Waste Disposal] of the St. Lucie County Land Development Code. L L L Section 7.1 0.12(C)(2) of the County's Land Development Code establishes a minimum lot size of 5 acres and a maximum lot size of 15 acres, for the operation of any land clearing and yard trash recycling operation. On March 10,2003, the petitioners submitted an application for a lot split of the original 40± acres parcel of land under joint ownership of Treasure Coast Land Clearing and Treasure Coast Trac!or Service. The intent of the requested split is to divide the property into two equal parts of 20± acres each. . l ~ iì. The proposed division would also result in half of the area currently zoned for Utility purposes to be in the ownership/control of Treasure Coast Land Clearing and half of the area to be in the ownership/control of Treasure Goast Tractor Service. It is within these_areas of utility-zoned property that the two business operators would like to continue to operate their respective air curtain incinerators, independent of each other. However, the splitting of this property will in effect render both the existing and proposed air curtain incinerator site nonconforming. Without rezoning additional property, the County cannot sanction the splitting of the Conditional Use permit granted through Resolution 00-022. L L ¡( t ... An air curtain incinerator is defined by Chapter 17.256, F.A.C., as a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such å manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain. The air curtain incinerator is designed to destroy trees, brush and stumps in a safe controlled burning process. The increased combustion time and La l ----.-- r-\ (. (f-L':7 ) ,. I ~^" , .~/...,....,..... ' ". _.~-----_.-. ~./.// L ~ ... October 29, 2003 Page 2 Subject: Treasure Coast Tractor Service File No.: CU -00..011 L ... turbulence of the air curtain incinerator operation results in the complete combustion of the loaded clearing debris. The protective curtain created by the rotating air significantly reduces emissions from the incinerator. The likelihood of sparks escaping into the atmosphere and igniting other materials outside the pit is very remote. ¡ .. Prior to commencing the operation of any air curtain incinerator, the owner/operators of the equipment are required to obtain a permit from the Florida Department of Environmental Protection, as well as a Conditional Use from St. Lucie County. As part of this proposed Major Adjustment, the applicant; Treasure Coast Tractor Services, Inc., is proposing to utilize an above ground refractory lined air curtain incinerator that is 27 feet long, 8 Y2 feet wide and 8 feet in height. The air blower flow rate is 990 acfm and the maximum rate of burning of the wood is 15 tons per hour. It has been represented to staff that this type of air curtain incinerator is a "state of the art", combustion chamber that is operationally a significant advancement over the older technology currently in use at this site by Treasure Coast Land Clearing. .. ... ... ¡ II. During the Planning and Zoning Commission review of this petition, the petitioner indicated that a trench unit would not be utilized for this operation. The petitioner indicated that their proposed burner would be using a refractory walled "box burner" system. These type of units are portable systems, which may be moved utilizing a lowboy or truck transport system. The refractory walls are self-contained and do not require any setup or tear-town. These units are designed for field use or semi-stationary placement. The refractory lined firebox allows for more controlled burns without the need for an earthen pit or trench. The units are loaded over the top. The doors at the rear of the unit allow for ash removal. -All pellutants for the system will mdt thmughthe top of the system. II. L. The system utilizes a relatively small amount of clean diesel fuel to start the burner and to maintain good combustion as needed. The approximate volume (cubic yards) of yard waste and yard trash that is added to the combustion box initially and periodically during the day can be estimated as a percentage of the volume of the box (approximately 67 cubic yards) that has been filled or added. A cubic yard of wood waste weighs on the average approximately 450 pounds. 1; .. li ~ The resulting ash will be removed from the air curtain incinerator by a front-end loader and then spread on the land. The applicant has indicated that1he maximum height of the individual stockpiles will be 30 feet. Further, the applicant has indicated that two water hydrants will be located near the incinerator and that a 500 gallon water truck will be on the site, plus a front end loaders and a backhoe. ¡. II. The documentation submitted with the application indicates that the proposed burner will emit a Particulate Matter (PM) of approximately 3 Ibs of emission per hour, which equates to 3 tons/year. The pollutant matter (PM) would not be an emissions limited (EL) pollutant because it's unlimited potential annual emission (approximately 7 tpy), if operated during all daylight hours at its maximum tph wood waste burn rate, would be less than 100 tons per year. This pollutant is indirectly limited by the visible emissions (VE) standards that apply to the emissions from the combustion box. In addition to the PM emission, an air curtain incinerator also emits Carbon Monoxide (CO). Carbon Oxide is an emissions limited (EL) pollutant because it is the pollutant with the greatest emission rate. The applicant's documentation indicates that the proposed air curtain incinerator would produce 15 tons/year of CO emissions. The proposed air curtain incinerator also emits approximately 1.5 Ibs/hour of Sulfer Dioxide (S02)' I,r;;-, , 2 ~ \ (j- 1.../ /1 \ /' '\,-----_// L. I.. .. ì ... L ~. L.. October 29, 2003 Page 3 Subject: Treasure Coast Tractor Service File No.: CU-03-011 ~ ~. ... The Environmental Protection Agency (EPA) Rule 40, CFR 40, Subpart CCCC - Standards of Performance for commercial and industrial Solid Waste Incineration Units require that visible emissions not have an opacity of more than 10% based on a six minute average, after the initial startup period. This means that the air curtain incinerator after startup must have an opacity of 5% or less (six minutes average) with no more than three minutes per hour of no more than 10% opacity. L .. The applicant's documentation provides for standards for the emissions from the box burner incinerator. However, we have no documentation on whether or not these emissions will cumulatively negatively impact the surrounding area if two incinerators are operated on adjacent properties. .. .. Prior to the Planning and Zoning Commission meeting on this item on August 21,2003, County staff requested additional information be submitted by the applicant in order to fully analyze the impacts of this petition. The applicant submitted a portion of this information at the Planning and Zoning Commission public hearing. Since the ~Ianning and Zoning Commission meeting, the applicant submitted all of the requested information except for a requested air quality report. r' ... í, .. Staff requested that the applicant conduct an air quality analysis of the area proposed for expansion. As part of this analysis, a base condition was to be established, staff suggested that the applicant utilize the existing conditions prior to the existing air curtain incinerator being operated. Onto the base level, the applicant was then to add in the impacts from the first incinerator and then incorporating in what the cumulative impact would be on the air quality/conditions with a second incinerator being operated. $;. ¡ II. t. At the Planning and Zoning Commission, the applicants' representatives indicated that no such report exists, nor were they in a position to have a report prepared to address this request. The requested information is not part of any required State agency permit process, and there was a question as to how it would or could be used Ì! .. '- In assessing whether or not to grant the requested Major Adjustmentto an existing Conditional Use Permit, the Board may wish to consider the history of the current operations at this location. Over the last few years, since granting the first Conditional Use Permit for the operation of ãn air-curtain incinerator on this site, the petitioner's, both Treasure Coast Land Clearing and Treasure Coast Tractor Services, Inc., have been cited numerous times by local County Code Officials, Department of Environmental Protection and Department of Agricultural (Division of Forestry) Officials due to excess and continuous smoke occurring from the burning operations. In addition, the current facility has not met the assurances represented to the Board of County Commissioners to ensure that the facility would not have an undue negative effect on the surrounding properties. Based upon the local performance record of the current operators and complaints filed with County, the proposed expansion of this Conditional Use can be expected to adversely impact the surrounding properties. L t II. \' L. The State Division of Forestry has indicated to the County that a number of Stop Work Orders have been issued to this burning operation directing that the operation redesign/rebuild the trenches to meet current regulatory standards. The genesis of many of these Stop Work Orders were local area complaints that burning operations at this facility appeared to be in conflict with the issued , .. ... (¿i~-.;) t/ /" -~ L ( .... October 29, 2003 Page 4 Subject: Treasure Coast Tractor Service RIe No.: CU -03-011 .. operational permits. In addition, on April 7, 2003, as a result of excessive vegetative stacking a fire was started in the stockpile areas as a result of a spark generated from the pit. .. ... Treasure Coast Tractor Services, Inc., has applied to the Department of Environmental Protection (FDEP) for a Non - Title V Source Air Permit. On May 1, 2003, the FOEP released an Intent to Issue notice the proposed Air Permit. On May 21, 2003, FDEP notified the applicant that an administrative hearing on th is "petitio n had been requested. As of this date, this administrative hearing has not taken place and no final Air Permit has been issued for the operations of this proposed air curtain incinerator. However, in September 2003, the FDEP did issue a construction permit to the Treasure Coast Tractor Services, Inc., for a second air curtain incinerator on this property. To the best· of our information this construction/ installation has, or is, taking place. However, an operation permit for this incinerator has, to the best of our information, not yet been issued. .... .... .. It is staffs understanding that Treasure Coast Tractor Services, Inc., is continuing to accept debris at this location, but since they do not have any permit approvals to operate the refractory walled "box burner" system, this material is not being disposed of through incineration practices. .. At the August 21,2003, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 1, with Commissioner Trias being absent, recommended denial of this petition as set forth in Draft Resolution 03-185. ~; ... ì lilt At the Boards meeting of September 16, 2003, review of this Petition was continued until November 4, 2003, in order to allow time for the Board of County Commissioners to consider the possible revocation of the previously issued Conditional Use Permit to Treasure Coast Land Clearing and Treasure Coast Tractor Service, authorizing the operation of an air curtain incinerator on the property subject to this petition for Major Adjustment. The public hearing on the review of this original Conditional Use Permit was scheduled to be heard by the Board on October 28, 2003. However, at the request of, and with the consent of all parties to the hearing, it was agreed that this particular review would be continued until November 4, 2003, at 6:00 PM or as soon thereafter, as possible. ¡ I.. ~ '.' 1; i.. At this time, absent a resolution to the question of whether or not the original Conditional Use Permit to Treasure Coast Land Clearing and Treasure Coast Tractor Service, authorizing thë operation of an air curtain incinerator on the property subject to this petition for Major Adjustment, staff recommends that the Board deny the petition of Lawrence Vickers of the Treasure Coast Tractor Services, Inc., for a Conditional Use Permit to allow the operation of a second air curtain incinerator in the U (Utilities) Zoning District for property located south of Orange Avenue approximately 3,000 feet west of Sneed Road as being inconsistent with the standards of review set forth in Section 11.07.03 of the St. Lucie County Land Development Code, and is in conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. i. ~', ÍIIIII iii. However, if the Board determines that the proposed petition is consistent with the standards of review set forth in Section 11.07.03 of the St. Lucie County Land Development Code, and is not in conflict with any of the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommends that the following conditions of approval be included in any approval orders: ..----------,"- / '\ / >. (¿!!llf.'··., "7[:;//) :þ ./,. \ ,V' :,,//ð' .. i. L La. ... L. .. ... ~i. ~ .. L. " ... f II. ~. i.. &' -. , ¡. II. 5. ... If,; ... .. .. October 29,2003 Page 5 Subject: Treasure Coast Tractor Service File No.: CU -03-011 1. The operation authorized under this amended conditional use permit shall be limited to the short term storage, processing and disposaV burning of land clearing debris generated from land clearing operations as defined below: · Land Clearing Debris means uprooted or cleared vegetation resulting from a land clearing operation. · Land Clearing Operation means the uprooting or clearing of vegetation in connection with construction for buildings and rights-of-way, residential or industrial development, mineral operations, or the clearing of vegetation to enhance property value and aesthetics. The removal and destruction of shade trees due to storm or insect damage is included as a land clearing operation. The operation authorized under this amended conditional use permit is specificallyu prohibited from engaging in the business of yard trash recycling unless a new conditional use permit is granted and the site is determined to be in compliance with the provisions of Section 7.1 0.12(C) of the St. Lucie County Land Development Code. 2. Consistent with the representations included with this Amended Conditional Use Permit application, the operations authorized under this Amended Conditional Use Permit shall be restricted to the disposal of land clearing debris collected by Treasure Coast Tractor Service from land clearing activities within St. Lucie County only. 3. Only vegetative materials generated from the clearing of land within St. Lucie County shall be permitted to be delivered to the site by trucks or other vehicles owned and/or operated by Treasure Coast Tractor Service, Inc. On a weekly basis, no more than an average of 18 truckloads (approx 18 cu/yds each) of material per day (avg. of 324 cu/yds) may be deposited at this site. In order to verify compliance with this Condition, the petitioner shall submit to the County Administrator, or his assign, quarterly reports, beginning January 1, 2004, for the previous 3-month period, on the number of truckloads of material per week being deposited and incinerated at this site. 4. All vegetative materials deposited at this site/facility shall be disposed of through the incineration process within four (4) months of their deposition on the property ~ No stockpile of material awaiting disposal may exceed 15 feet in height or 100 feet in length. Stock piles of material awaiting incineration may not occupy more than 50% of the total site area described in Part B- of this Resolution. This amended conditional use permit is for the purpose of adding no more than one (1) above ground "refractory wall - box burner" air curtain incinerator on this site. Prior to the operation of this incinerator all applicable permits and operational authorizations must be obtained from the Florida Department of Environmental Protection, and copies of all applicable permits and operational authorizations provided to St. Lucie County. No additional trench type, or other type of air curtain incinerator system shall be permitted for this site, without first being approved through the Major Adjustment process to this Conditional Use permit. /~-;;(J (,~--// I L. .. is ... .. ... ... ... .. .. 11. i. ~ October 29, 2003 Page 6 Subject: Treasure Coast Tractor Service File No.: CU -æ.o11 7. The total site area devoted to the processing, storage and combustion of the collected land clearing debris shall be limited to 9.9 acres. 8. The hours of operation will be from 8:00 a.m. to 5:00 p.m., Monday - Friday. The ignition of the combustion fires shall not occur before 9:00 a.m. and must be extinguished one hour before sunset. Absolutely no operation of the air curtain incinerator may be conducted on either Saturday, Sunday or Holidays. " 9. The petitioner shall prior to the issuance of any final zoning compliance for the operation of a the additional above ground "refractory wall- box burner" air curtain incinerator on this site, which is required for this conditional use permit to be fully executed, submit to the County a revised Fire Prevention Plan that has been approved by the St. Lucie County Fire District, Fire Prevention Bureau for the additional combustion! material storage operation. 10. The petitioner, including any assigns, shall submit to an annual fire prevention inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire District, Fire Prevention Bureau. In the event that St. Lucie County is declared a federal disaster area following or as a result of either storm, hurricane, freeze or other widespread damage, the County Commission may suspend any or all of the above standards! restrictions, with or without additional restrictions, for the duration of the declared emergency in order to facilitate the removal of vegetative debris. If you have any questions, please let me know. L ... }: .. ~ irector DJM VICKERS6(H) cc: County Administrator County Attorney Planning Manager Ricky Farrell, Esq. Edward W. Becht, Esq. Rupert Kobelgard. Esq. Rle ¡ .. ... .. .. /-_.._---~-~. (}1-/-7) \~..:./ '- ¡ L. '- -- L. .. , '- í^ ~ ... ~ ~ ì ... f .. li ¡.. .. .. ~ '- ¡j L. COMMISSION REVIEW: October 28, 2003 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: County Commission FROM: Community Development Director DATE: October 27,2003 SUBJECT: Petition of Lawrence Vickersl Treasure Coast Tractor Services, Inc., for a Major Adjustment to a previously approved Conditional Use Permit to allow the operation of a second air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District (File No.: CU-03-011) The petitioner, Lawrence Vickersl Treasure Coast Tractor Services, Inc., is requesting that the Board of County Commissioners grant approval for a Major Adjustment to a previously approved Conditional Use Permit for property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road, within the U (Utilities) Zoning District. The purpose of the requested Major Adjustment is to allow for the operation of a second air curtain incinerator on this site that would be used for the disposal of land clearing debris collected from land clearing activities and operations conducted by the applicant. If approved, this requested use would be authorized under the provisions of Section 3.01.03(W)(7)(g), [Solid Waste Disposal] of the St. Lucie County Land Development Code. Section 7.1 0.12(C)(2) of the County's Land Development Code establishes a minimum lot size of 5 acres and a maximum lot size of 15 acres, for the operation of any land clearing and yard trash recycling operation. On March 10, 2003, the petitioners submitted an application for a lot split of the original 40± acres parcel of land under joint ownership of Treasure Coast Land Clearing and Treasure Coast Tractor Service. The intent of the requested split is to divide the property into two equal parts of 20± acres each. The proposed division would also result in half of the area currently zoned for Utility purposes to be in the ownership/control of Treasure Coast Land Clearing and half of the area to be in the ownership/contrQI of Treasure Coast Tractor. Service. Lt is witbin tbese areas of utility-zoned property that the two business operators would like to continue to operate their respective air curtain incinerators, independent of each other. However, the splitting of this property will in effect render both the existing and proposed air curtain incinerator site nonconforming. Without rezoning additional property, the County cannot sanction the splitting of the Conditional Use permit granted through Resolution 00-022. -. ~_._._-_. - --- An air curtain incinerator is defined by Chapter 17.256, F.A.C., as a portable or stationary combustion device that direct$ a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain. The air curtain incinerator is designed to destroy trees, brush and stumps in a safe controlled burning process. The increased combustion time and (ii---\ 12f~) vy ¡ ... .. October 27. 2003 Page 2 Subject: Treasure Coast Tractor Service File No.: CU-03-011 L.. ilia turbulence of the air curtain incinerator operation results in the complete combustion of the loaded clearing debris. The protective curtain created by the rotating air significantly reduces emissions from the incinerator. The likelihood of sparks escaping into the atmosphere and igniting other materials outside the pit is very remote. ... Prior to commencing the operation of any air curtain incinerator, the owner/operators of the equipment are requirèd to obtain a permit from the Florida Department of Environmental Protection, as well as a Conditional Use from St. Lucie County. As part of this proposed Major Adjustment, the applicant, Treasure Coast Tractor Services, Inc., is proposing to utilize an above ground refractory lined air curtain incinerator that is 27 feet long, 8 ~ feet wide and 8 feet in height. The air blower flow rate is 990 acfm and the maximum rate of burning of the wood is 15 tons per hour. It has been represented to staff that this type of air curtain incinerator is a "state of the art", combustion chamber that is operationally a significant advancement over the older technology currently in use at this site by Treasure Coast Land Clearing. '- f.o;. ~ ... '- .. During the Planning and Zoning Commission review of this petition, the petitioner indicated that a trench unit would not be utilized for this operation. The petitioner indicated that their proposed burner would be using a refractory walled "box burner" system. These type of units are portable systems, which may be moved utilizing a lowboy or truck transport system. The refractory walls are self-contained and do not require any setup or tear-town. These units are designed for field use or semi-stationary placement. The refractory lined firebox allows for more controlled burns without the need for an earthen pit or trench. The units are loaded over the top. The doors at the rear of the unit allow for ash removal. All pollutants for the system will exit through the top of the system. III .. The system utilizes a relatively small amount of clean diesel fuel to start the burner and to maintain good combustion as needed. The approximate volume (cubic yards) of yard waste and yard trash that is added to the combustion box initially and periodically during the day can be estimated as a percentage of the volume of the box (approximately 67 cubic yards) that has been filled or added. A cubic yard of wood waste weighs on the average approximately 450 pounds. The resulting ash will be removed from the air curtain incinerator by a front-end loader and then spread on the land. The applicant has indicated thàt the maximllm height of the individual stockpiles will be 30 feet. Further, the applicant has indicated that two water hydrantsJðtill be located near the incinerator and that a 500 gallon water truck will be on the site, plus a front end loaders and a backhoe. , ¡¡. ~ ¡ Ia , II. The documentation submitted with the àpplièatÎon indicates thatthe proposed burner will emit a Particulate Matter (PM) of approximately 3 Ibs of emission per hour, which equates to 3 tons/year. The pollutant matter (PM) would not be an emissions limited (EL) pollutant because it's unlimited potential annual emission (approximately 7 tpy), if operated during all daylight hours at its maximum tph wood waste burn rate, would be less than 100 tons per year. This pollutant is indirectly limited by the visible emissions (VE) standards that apply to the emissions from the combustion box. In addition to the PM emission, an air curtain incinerator also emits Carbon Monoxide (CO). Carbon Oxide is an emissions limited (EL) pollutant because it is the pollutant with the greatest emission rate. The applicant's documentation indicates that the proposed air curtain incinerator would produce 15 tons/year of CO emissions. The proposed air curtain incinerator also emits approximately 1.5 Ibs/hour of Sulfer Dioxide (S02)' ¡. .. .. t, W ... QJj) L ... October 27,2003 Page 3 Subject: Treasure Coast Tractor Service Rle No.: CU -03-011 ¡ ... ¡. The Environmental Protection Agency (EPA) Rule 40, CFR 40, Subpart CCCC - Standards of Performance for commercial and industrial Solid Waste Incineration Units require that visible emissions not have an opacity of more than 10% based on a six minute average, after the initial startup period. This means that the air curtain incinerator after startup must have an opacity of 5% . or less (six minutes average) with no more than three minutes per hour of no more than 10% opacity. La i. The applicant's documentation provides for standards for the emissions from the box burner incinerator. However, we have no documentation on whether or not these emissions will cumulatively negatively impact the surrounding area if two incinerators are operated on adjacent properties. Ii. i.. Prior to the Planning and Zoning Commission meeting on this item on August21,2003, County staff requested additional information be submitted by the applicant in order to fully analyze the impacts of this petition. The applicant submitted a portion of this information at the Planning and Zoning Commission public hearing. Since the Planning and Zoning Commission meeting, the applicant submitted all of the requested information except for a requested air quality report. ~. .. I. Staff requested that the applicant conduct an air quality analysis of the area proposed for expansion. As part of this analysis, a base condition was to be established, staff suggested that the applicant utilize the existing conditions prior to the existing air curtain incinerator being operated. Onto the base level, the applicant was then to add in the impacts from the first incinerator and then incorporating in what the cumulative impact would be on the air quality/conditions with a second incinerator being operated. L. . '- At the Planning and Zoning Commission, the applicants' representatives indicated that no such report exists, nor were they in a position to have a report prepared to address this request. The requested information is not part of any required State agency permit process, and there was a question as to how it would or could be used i. t r ... In assessing whether or not to granttheTequested Major Adjustment to an existing Conditional Use- Permit, the Board may wish to consider the history of the current operations at this !.Q.cation. Over the last few years, since granting the first Conditional Use Permit for the operation of an air-curtain incinerator on this site, the petitioner's, both Treasure Coast Land Clearing and Treasure Coast Tractor Services, Inc., have been cited numerous times by local County Code Officials, Department of Environmental-ProtecttorrândDepartmentofAgricultorat (Oivision ot-Forestry) Officials due to· excess and continuous smoke occurring from the burning operations. In addition, the current facility has not met the assurances represented to the Board of County Commissioners to ensure that the facility would not have an undue negative effect on the surrounding properties. Based upon the local performance record of the current operators and complaints filed with County, the proposed expansion of this Conditional Use can be expected to adversely impact the surrounding properties. .. ¡ .. ... The State Division of Forestry has indicated to the County that a number of Stop Work Orders have been issued to this burning operation directing that the operation redesign/rebuild the trenches to meet current regulatory standards. The genesis of many of these Stop Work Orders were local area complaints that burning operations at this facility appeared to be in conflict with the issued (~;;;;'. ') \ rT-· / '------ .. L. ~ .. October 27, 2003 Page 4 Subject: Treasure Coast Tractor Service File No.: CU -03-011 t .. .. operational permits. In addition, on April 7, 2003, as a result of excessive vegetative stacking a fire was started in the stockpile areas as a result of a spark generated from the pit. ~ .. Treasure Coast Tractor Services, Inc., has applied to the Department of Environmental Protection (FDEP) for a Non - Title V Source Air Permit. On May 1, 2003, the FDEP released an-Intent to - Issue notice the proposed Air Permit. On May 21, 2003, DEP notified the applicant that an administrative hearing on this petition had been requested. As of this date, this administrative hearing has not taken place and no Air Permit has been issued for the proposed air curtain incinerator. .. .. It is staffs understanding that Treasure Coast Tractor Services, Inc., is continuing to accept debris at this location, but since they do not have any permit approvals to operate the refractory walled "box burner" system, this material is not being disposed of through incineration practices. ... At the August 21, 2003, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 1, with Commissioner Trias being absent, recommended denial of this petition as set forth in Draft Resolution 03-185. ... Staff recommends that the Board deny the petition of Lawrence Vickers of the Treasure Coast Tractor Services, Inc., for a Conditional Use Permit to allow the operation of a second air curtain incinerator in the U (Utilities) Zoning District for property located south of Orange Avenue approximately 3,000 feet west of Sneed Road as being inconsistent with the standards of review set forth in Section 11.07.03 of the St. Lucie County Land Development Code, and is in conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. .. .. However, if the Board determines that the proposed petition is consistent with the standards of review set forth in Section 11.07.03 of the St. Lucie County Land Development Code, and is not in conflict with any of the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommends that the following conditions of approval be included in any approval orders: ... 1. The operation authorized under this amended conditional use permit shall be limited to the short term storage, processing and disposal! burning of land clearing dêb-ris generated from . land clearing operations as defined below: .. ÌIIII · Land Clearing Debris means uprooted or cleared vegetation resulting from a land clearing operation. .. · Land Clearing Operation means the uprooting or clearing of vegetation in connection with construction for buildings and rights-of-way, residential or industrial development, mineral operations, or the clearing of vegetation to enhance property value and aesthetics. The removal and destruction of shade trees due to storm or insect damage is included as a land clearing operation. ÌIIr ÌIIr The operation authorized under this amended conditional use permit is specifically prohibited from engaging in the business of yard trash recycling unless a new conditional use permit is granted and the site is determined to be in compliance with the provisions of Section 7.1 0.12(C) of the St. Lucie County Land Development Code. r:7---~-········_-~~) 0J) .. .. L þ Ii.. L .. i.. ... ~.. ... ... .. I, Ii. ~ í Ii. iI. .. .. 9. þ' k .. ¡.. 10. .. '- October 27, 2003 Page 5 Subject: Trea~ure Coast Tractor Service , FileNo.:CU-03-011 2. Consistent with the representations included with this Amended Conditional Use Permit application, the operations authorized under this Amended Conditional Use Permit shall be restricted to the disposal of land clearing debris collected by Treasure Coast Tractor Service from land clearing activities within St. Lùcie County6nly. - 3. Only vegetative materials generated from the clearing of land within St. Lucie County shall be permitted to be delivered to the site by trucks or other vehicles owned and/or operated by Treasure Coast Tractor Service, Inc. On a weekly basis, no more than an average of 18 truckloads (approx 18 cu/yds each) of material per day (avg. of 324 cu/yds) may be deposited at this site. In order to verify compliance with this Condition, the petitioner shall submit to the County Administrator, or his assign, quarterly reports, beginning January 1 , 2004, for the previous 3-month period, on the number of truckloads of material per week being deposited and incinerated at this site. 4. All vegetative materials deposited at this site/facility shall be disposed of through the incineration process within four (4) months of their deposition on the property. No stockpile of material awaiting disposal may exceed 15 feet in height or 100 feet in length. Stock piles of material awaiting incineration may not o·ccupy more than 50% of the total site area described in Part B of this Resolution. 5. This amended conditional use permit is for the purpose of adding no more than one (1) above ground "refractory wall - box burner" air curtain incinerator on this site. Prior to the operation of this incinerator all applicable permits and operational authorizations must be obtained from the Florida Department of Environmental Protection, and copies of all applicable permits and operational authorizations provided to S1. Lucie County. No additional trench type, or other type of air curtain incinerator system shall be permitted for this site, without first being approved through the Major Adjustment process to this Conditional Use permit. 7. The total site area devoted to the processing, storage and combustion of the collected land clearing debris shat! be limited to 9.9acres.-- _n_"" .... 8. The hours of operation will be from 8:00 a.m. to 5:00 p.m., Monday- Friday. The ignition of the combustion fires shall not occur before 9:00 a.m. and must be extinguished one hour before sunset. Absolutely no operation of the air curtain incinerator may be conducted on either Saturday, Sundayar HoIidays.--- --- "n_n"_ The petitioner shall prior tatheissuance of anyfinal zoning compliance for the operation of a the additional above ground "refractory wall- box burner" air curtain incinerator on this site, which is required for this conditional use permit to be fully executed, submit to the County a revised Fire Prevention Plan that has been approved by the S1. Lucie County Fire District, Fire Prevention Bureau for the additional combustion! material storage operation. The petitioner, including any assigns, shall submit to an annual fire prevention inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire District, Fire Prevention Bureau. @lJ .. ... October 27. 2003 Page 6 Subject: Treasure Coast Tractor Service Rle No.: CU -03-011 L. 11. In the event that St. Lucie County is declared a federal disaster area following or as a result of either storm, hurricane, freeze or other widespread damage, the County Commission may suspend any or all of the above standards/ restrictions, with or without additional restrictions, for the duration of the declared emergency in order to facilitate the removal of vegetative debris. - ~ .. } .. If you have any questions, please let me know. .. .. SUBMITTED: ¡.. '*. .. I II. .. DJM VICKERS4(H) cc: County Administrator County Attorney Planning Manager Ricky Farrell, Esq. Edward W. Becht, Esq. File .. M .. .. L. L .. ... .. (iij" ;\ ... 253 La Page 1 of 1 Anne Bowers - Orange Ave. Burn Site þ .. La From: To: Date: Subject: cc: Anne Prestridge Anne Bowers 11/24/2003 4:49 PM Orange Ave. Burn Site Charles Wenzel; Dennis Bunt ilia """-""""'<~"-"~'-"""'---'"'''''''''''''''«<'''''''''''''''-''''''''''''~'''~'''''''''"'''''"'''''''''''''''-'-''''''''''''''''''"'''-~~"""""'<'<"««'~""""''''''''~''''~''''''''''''''''''<''''''~'''-~««=<'-'='''''''''-''''''-'--='''~''--'''-'«'''"'-""'-~"""""" ¡. I went out and spoke with Mr Perry the site foreman and he explained that they have a new loader operator and I guess he jumped the gun with loading the incinerator and the sparks ignited a couple of piles of debris. The fire dept was there and determined that the fire was under control so they left. There are a couple of photos attached. If you need any further info, please let me know. Michelle Prestridge Code Enforcement Officer .. lit r III t' .. .. '- L. .. ~ '- L. i !f- III '- ~ 0JJ .. file:1 IC :\Documents%20and%20Settings\Administrator\Local%20Settings\ T emp\G W} 00... 11/24/2003 .. I.. L. ... ... ... .... i .. ~; till' ï,; ... .. .. .. ... .. L ... .. .. jD: OE ,v,vISmUflPHi c.¡&~ - If?J ......--.-..--.-.-----------... Department of Environmental Protection soutneast District 400 N. Congress Ave. SUIte 200 West Pa1m.øeaCh, Florida 33401 Jeb Bush Governor Colleen M. Cut/lie Secrecary MAR 30 2004 _ C~RTlFIED MAIL # 7002 0860 0006 8780 7948 '\1 '"0': _:":.i\: . WARNING LETTER WL04-00 14AP56SED AP - St. Lucie County LaiVrenc~ ViCkers, President TrCaBUI~ Coast Tractor Services, Inc. 1210 PÙ1itzcr·Rd. Ft. Pierce, FL 34945 Subject: Improper Operation of Air Curtain Incinerator (ACI), Prohibited Open Burning and Improper Use of Pollution Control Device (Fan) Dear Mr. Vickers: The purpose of this letter is to advise you of possible violations of law for which you may be responsible, and to seek your cooperation in resolving the matter, A field inspection conducted on January 27, 2004 and a revÌew of inforxnation submitted to the Department indicates that a violation of Florida Statutes and Rules may have occurred at the above described facility. The inspection and submitted information showed improper operation of the ACI on 1/13 & 1/26/04 which allowed sparks to escape the firebox; failure to properly operate the ACt's fan on 11/23/03 & 1/27/04; and prohibited open burning of land clearing debris on 1/13, 1/26 & 1/27/04. Section 403.161 (l)(b), Florida Statutes, provides that it is a violation to fail to comply with any rule, regulation, order, pennit or certification adopted or issued by the Department pursuant to its la.wful authority. It is a violation of Florida Administrative Code (FAC) Rule 62-4.160(6) to improperly operate the facility and systems of treatment & control; it is a violation of FAC Rule 62~256.300(1) to ignite or permit to be ignited any material which will result in prohibited open burning; and it is a violation ofFAC Rule 62-296.Lt-Ol(7) to have greater than 5% opacity outside of startup, except that 20% shell be permitted for not more than 3 minuted in anyone hour. The activities observed during the Department's field inspection, the activities discu8sed in the submitted information, and any other activities at your facility that may be contributing to violations of the above described statutes and rules, should be ceased immediately. Continued activity in violation of state statutes or rules may result in liability for damages and restoration. In accordance with the June 5, 2003 Department's "Settlement Guidelines for Civil Penalties", and based on the Department's Environmental Legislative Reform Act, the penalty which would be proposed in this case is $10,000.00 plus $250.00 for the Department's costs & expenses. ".fv'.crr r rút~~:ir...,. Les~ ,Þr(JU~:s" 1''¡''led on ttcyQtd Þ"þðt. r;:;~) \,------">../ NOI18310~d '^N3 JO . ld3Q'lj:illOJj gOOllOO'd L90# 8v:Sl vOOZ./lZlvO 08L9 l89 19'; * .. -.---.----...--- ..-....-...----------..-.. .....-----...- -....----- J .... \... .... r Treasure Coast Tractor WL04~OO 14AP56SED Päg~ ~,0.f';2 ';~If :""¡.: . ... . .. ~ i ··t You are requestèd to contact Rich Hofmann or Laxmana Tallam of this office at 561~681-6622 or 681~6624 within 15 days ofreceipt of this Warning Letter to arrange a meeting with Departmcntpereonncl to discuss this'matter. The Department is interested in reviewing any facts you may have that win assist in determining whether· any violations have occurred. You may bring anyone with you to the meeting that you feel may help resolve this matter. .... !i lilt PLEASE BE ADVISED that this Warning Letter is part of an agency investigation preliminary to agency action in accordance with Section 120.57(4), Florida Statutes. We look forward to your cooperation in completing the investigation and resolution of this matter. h: Sincerely, .. Ii ... '-- ~: ¡. hn F. Moulton III D te Assistant Director of District Management Department of Environmental Protection Southeast District Office þ Ii. JFM:TT:rh ;;jÍ¡" ~ cc: Dianne Spingler, DARM, DEP, Tallahassee (Dianne.Spingler@dep.state.fl.us) Air Enforcement Files, DEP, West Palm Beach ¡ .. ¡ Ii. ~ ... ... SOO/SOO'd L90# 6v:SI vOOZ/1ZlVO (i5i) 06L9 189 199 'ÑtITI83IÖ8d< ^N3 ::10 ïd3Q'l::l:wOJ::I .. I D : U/::'rJf\l\S rnUttfH'1 l;{ fJ~ ~ } S-fl i.. -.--------..-..--- - _._þ---~-- I ... Department of Environmental Protection ... JebBUlh Governor southeast District 400 N. COngress Ave. SUite 200 West Palm øeeCh, Florida 33401 CoUse" M. cutin. Secretary r ¡. MAR 3 0 2004 CERTIF~I;>' MAlL 417002 0860 0006 8780 7924 . ,1.1 .. ":" ... John Talley, President Treasure Coast.Land Clearing, Inc. PO Box 1132 Ft. Pierce, FL 34954 WARNING LETTER WL04·00 13AP56SED AP - St. Lucie County ... .. Subject: Improper Operation of Air Curtain Incinerator and Prohibited Open Burning Dear Mr. Talley: ~ I" Ii. The purpose of this letter is to advise you of possible violations of law for which you may be responsible, and to seek your cooperation in resolving the matter. Areview of information submitted to the Department by the Division of Forestry on J anuaIy 21, 2004 indicates that a violation of Florida Statutes and Rules may have occurred at the above described facility. The submitted infonnation documented improper operation of the air curtain incinerator 8llowing sparks to escape the flrebox, and prohibited open burning of two piles of land clearing debris on November 24, 2003. ~ ì.. .. Section 403.161 (1)(b), Florida Statutes, provides that it is a violation to fail to comply with any rule, regulation, order, permit or certification adopted or issued by the Department pursuant to its lawful authority. It is a violation of FAC Rule 62-4. 160(6} to improperly operate the facility and systems of treatment & control; and it is a violation of FAC Rule 62-256.300(1) to ignite or permit to be ignited any material which will result in prohibited open burning. ~ .. i~ .. The above incident, and any other activities at your facility th.at may be contributing to violations of the above described statutes and rules, should be ceased immediately. Continued activity in violation of state statutes or rules may result in liability for damages and restoration. In accordance with the June 5, 2003 Department's' "Settlement Guidelines [or Civil Penalties", and based on the Department's Environmental Legislative Reform Act, the penalty which would be proposed in this case is $1125.00.00 plus $250.00 for the Departmel1t's costs & expenses. ¡ I' .. ~ ... You are requested to contact Rich Hofmann or Lax.mana Tallam of this office at 561-681-6622 or 681-6624 within 15 days of receipt of this Warning Letter to arrange a meeting with Department personnel to discuss this matter. The Department is interested in reviewing any facts you may have that will assist in determining whether ~ .. .. 'V. :;,. ..:'....:,:::-. ....:.:. f ',...:~:.: "rl~r,d D~ I'CCyded P.P" .. .. 9001vOO'd L9O# 8v:SI vOOZ/IZ/vO 08L9 189 I 99 N0I18310~d' ^N3 jO . ld30'l:PJOJj .__ ._..._ ______"_".A-_~_ . - ~-_.- -~ . L.. ---- --,.- ----.-.-------.--- f ~: ... L Treasure Coast Land Clearing WL04-00 13AP56SED Page 2 of2 . f i. t ... . r. ';,.:_. ~y\n~iati~~s have occulTed. You may bring anyone with you to themeeling that you fee1'may help resolve this matter. PLEASE~BE ADVISED that this Warning Letter is part of an agency investigation preliminary to agency action in accordance with Section 120.57(4), Florida Statutes. We look forward to your cooperation in completing the investigation and resolution of this matter. ÌIIII ~ Sincerely, .. "ð 0 hn F. Moulton III ' Date ssistant Director of District Management Department of Environmental Protection Southe'ast District Office L 1;" L. JFM :TT:rh ñ1n L. cc: Dianne Spingler, DARM, DEP, Tallahassee (Dianne.Spingler@dep.state.fl.us) Air Enforcement Files, DEP, West Palm Beach . t ... þ II. .. ~ Ia ¡; It. ... ~ ~ II. SOO/SOO'd L90# OS:Sl VOOZ/IZ/vO 06L9 189 19S NOI18310~ '^N3 jO . ld30'lj:wOJj ----- - ~ = Nov 15 04 03:21p . Edward W. Becht, PA £??2)465-8909 p. 1 '- .. EDWARD W. BECHT, P.A. Attorney At Law Post Office Box 2746 321 S. Second Street (34950) Fort Pierce, Florida 34954-2746 .~ s--r;:;:l r,;::.~ I? IÍÙ Œ OWl R ¡ n ì 1 ~ !? ¡In .. \!J. L!; '\ , , ,.1 Ð I?' lÐ- .'".= ._"~'"'-..., ! I, I ' ! ......... -.,,,,"...~.,..~.,..,.,.,., t S.I " \, ~'_.~ :l;¡ ' i I 1. . n ii 1 ~ r~ i, . .:1 ¡: ; v ~ i. ¡\ 1\ ;.. .. It 6 (dV+ l W I ¡; '" I ¡kJ~;¡ I i t·. I.. .' . -'. '_"'~. . '.~. .,....'..J I...-~--~'~---' . . ,_ \ /"'. "')-'L\!\!T~' ATTORNt:Y ; t \....V ~ . _.,....... f__ / .. L. Edward W, Becht, Esquire ÍIIII Telephone: {772} 465-5500 Fax Machine: {772} 465-8909 ... DATE: ¡lIS of .. FACSIMILE TRANSMITTAL: TO: ~ 'iJk~;(.i..e-Sr4#.--A. Fax No: 1t?.2 - /#0 .. FROM: Ed Becht ~ Victoria Adkins Chary _ Mandy _ NUMBER OF PAGES IN THIS TRANSMITTAL, INCLUDING COVER SHEET ~ ,IF ALL I. ~E~ED. PLEASE CALL THE ABOVE TELEPHONE NUMBER. _ II. '",- ~./ ~ ¡ r. þ III. OPERA TOR: ~; .. * * . * * . * . * . * * * * * ~ * * * * * * * r? .. THE INFORMATION CONTAINED IN THIS TRANSM!~SION IS ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL. IT:~ :t~TENDED ONLY FOR THE USE OF THE !NDI'v'IDUALOR ENTITY NAMED ABOVE. IF TKE ~EADER OFTHIS MESSAGE IS NûT _ _ / TI1EINT. ENDED RECIPIENT. YOU ARE- HEREBY NOTIFIED THAT ANY DISSEMINATION, O/STRIBUTION .OR COpy OF. THIS- __ ~. ..' vi .. COMMUNICATION ISSTRICTl VPROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIA TEL YBYTElEPHONE COLlECT AND RETURN THE ORIGINAL FACSIMILE TO US A TTHE ABOVE ADDRESS VIA Tµ~.D-- I U.s. POSTAL SERViCE. WE WILL REIMBURSE YOU FOR POST.I£E. THANK YOU. . \7() vJ --- ~ . ~eÄ\' :5 ) Î) fftf6 ~ ~~ f~ .. III. ffi ... ~ jJ~Çlf~;0@ CQ00MIN n¡::r::,r-,... · Nov 15 04 03:21p Edward W. Becht, PA (772)465-8909 p.2 .. ... Edward W. Becht, P.A. A TIORNEY AT LAW Post Office Box 2746 (34954) 321 South Second Street (34950) Fort Pierce, Florida Telephone: 772-465-5500 Fax: 772-465-8909 .... L. November 15, 2004 .. .. VIA FACSIMILE TRANSMITTAL at 772/462-1440 La Katherine McKenzie-Smith, Esq. S1. Lucie County 2300 Virginia Avenue FortPierce, FL 34982 , ... Re: Treasure Coast Land Clearing, Inc.ffalley & Perry Ventures, Inc. I: III Dear Katherine: ì¿ II. This is a follow~up to our telephone conversation on the afternoon of Friday , November 12,2004. I enclose for your benefit a photocopy of the face pages of two Contracts between Ranger Construction Industries, Inc. (the County approved debris removal contractor) and Perry's Landclearing. The principal of Perry's Landclearing is Charles Perry, Jr. 1 also enclose for your benefit a photocopy of a short Contract between Perry's Landclearing and both Treasure Coast Landc1eari ng (John Talley) and Talley & Perry. Charles A. Perry III is the Perry referenced in Talley & Perry Ventures, Inc., and he is also a principal of Treasure Coast Land Clearing, Inc. He has attended many of the meetings that we have had in the County offices. t.. .. ¡. ~ During our conversation on Friday, you directed me to call Mike Powelly, a County engineer, regarding obtaining permission for open burning. I was unable to reach him on Friday afternoon, but did speak with someone in his department (Sue Durden). On Friday, I was infonned that Ranger has already been approved for open burning. I could not get any infonnation directly fTom Mike Powelly this morning on how Ranger had been approved for open burning, and he directed me to speak with Craig Hauschild, an engineer in his department. Mr. Hauschild was not available this morning when I called. 11M II. t ... I realize that this is new for all of us, but I do not understand why, if the Governor has lifted the open ban permit for tht.: disposal of hurricane debris, and if my client is an authorized sub-contractor of a County approved contractor, we cannot continue to bum hurricane debris on property owned by Talley & Perry Ventures, Inc., immediately adjacent to the approved air curtain incinerator site on Orange Avenue Extension. I question whether any permitting is actually necessary. t~ , ... ... ® ... Nov 15 04 03:22p Edward W. Becht, PA (772) 465-8909 p.3 ¡., .. ... i. .. In an abundance of caution, I have included this material and ask that you forward it to the appropriate individual within the County, whether that is Mike Powelly or Craig Hauschild, for processing my client, Talley & Perry Ventures, Inc., as a County approved open burning site for disposal of hurricane debris incident to their contract with Ranger Construction. L. My client has contractual obligations to pick up hurricane debris and dispose of it on its property through open burning. Up until Friday, we thought that this was completely consistent with the public policy of the Governor, the County Administrator, Doug Anderson, and the City of Fort Pierce. The actions of the COtmty in interfering with our Contract cause me som~ concern as to whether those in charge have fully evaluated the actions of the County in necessitating a permit for my client's fulfillment of its obligations under its Contract with the County's agent, Ranger Construction Industries, Inc. .. f .. 1:: .. My clients, and by that I mean, both Treasure Coast Land Clearing, Inc. and Talley & Perry Ventures, Inc., are two of the few subcontractors that are maintaining Workers' Compensation Insurance and Liability Insurance. If the County wishes to pursue subcontractors for tmlicensed or unpermitted work, I would suggest that there are far easier targets that are uninsured, both from a Workers' Compensation standpoint and Liability standpoint, which warrant being pursued. f .. In finishing, I still question whether the County has the ability to preempt state action in this matter. t .. V~¡; Edward W. Becht .. ... ... EWB/clc Enclosures cc: Mr. John Talley Dean R. Cannon, Esq. '- III Ii. ... .. Nov 15 04 03:22p Edward W. Becht, PA ~ (772)465-8909 p.4 ... '. Ranger Construction Industries, Inc Short Form Subcontract ¡.. 4510 Glades Cut-Off Road; Fl Pierce, FL 34981 (772) 464-6460 (772) 466-9559 fax Date: September 16, 2004 .. To: Perry's Landclearing PO Box 2691 Ft. Pierce, FL 34954-2691 L. SF # 324288-01 L Shipping Instructions: Per the Project Manager JOB: Indian River Drive Repairs OWNER: St. Lucie County Board of County Commissioners Bonded Job 0 Non-bonded Job ~ . Bonding company: USF & G thru George H Friedlander Company, agent Bill Phelps. 505 Rio Casa Or, South; Indialantic, FL 32903 ... Project Manager: Greg Reilly L. " Iostructions for Invoicing: SF# is REQUJREDon all invoices Terms: ì .. L. The services listed In the attached Schedule A are to be performed in accordance with the terms and descriptions as set forth within this Subcontract and in accordance with the Project Specifications for the project named. By performance of the described wort or by acknowledging receipt of this order, Subcontractor agrees to the terms and conditions of the contract set forth herein, including those on the attached pages numbered 2 and any exhibits attached. .. Schedule A ~ Debris Removal .. II. k .. THIS ORDER IS HEREBY ACCEPTED AS CONTRACT ~ " ÍIIt PERRY'S LANDCLEARING Subcontractor RANGER CONSTRUCTION INDUSTRIES. INC. Contractor .. /0 ~ D4- Date Pnnted Name ~ kLÞJ /~ L *" ;T...... ~. D~J ¡. .. .. Nov 15 04 03:22p Edward W. Becht, PA (772)465-8909 p.5 ¡. ... L. ~ .. Ie .. i. í .. \ L .. .. .. .. ~ .. .. , >:; ... ... ¡.. II. Ranger Construction Industries, Jne Short Form Subcontract 4510 Glades Cut-Off Road; Ft. Pierce, FL 34981 (772) 464-6460 (772) 466-9559 fax Date: September 30, 2004 To: Perry's Landclearlng PO Box 2691 FI. Pierce, FL 34954-2691 SF # 324289-01 Shipping Instructions: Pe~ the Project Manager JOB: Indian RIver Debris Removal OWNER: St. Lucie County Board of County Commissioners Bonded Job 0 . Non-bonded Job J!) 6ondil'\g company: USF & G Ihru George H Friedlander Compðny. ligen/Bill Pho}!ps. 505 Rio Casa Dr. !:t'vth; Indialantlc. FL 32903 Instructions for Invoicing: SF # Is REQUIRED on all Invoices Terms: ---~._-- The services listed in the attached Schedule A are to be performed in accordance with the teml$ and descriptions as set forth within this Subcontract and in accordance with the Project Specificatiof1s for the project named. By performance of the described work or by acknowledging receipt of :his order, Subcontractor agrees to the tfiims and cor-ditionG of the ccntr1lct $CI forth herein, including those on the attached p¡¡ges nunbered 2 and any Exhibits attached, Schedule A Debris Removal THIS ORDER IS HEREBY ACCEPTED AS CONTRACT PERRY'S LANDClEARING Subcontraclor RANGER CONSTRUCTION INDUSTRIES, INC Contractor _ -'ì¥&!<nalertVlce President -:J . \" Pri¡1f'ed Name . I ,.þ '. \ I L. I . ~~~_ ,ID¡vk;f Signature ¡' \ D'ate! '-.; cFJ} Printed Name _ po 4' L~ ~. .-- .~,~ _/~~ ........ Æ·, . /.~~tun? Date ?·d ... . ' Nov 15 04 03: 23p Edward W. Becht, PA (772)465-8909 p.6 ~ .. , .. ... ~ r ¡.- .. í Ií. .. .. ... ~" i. i. ... .. ilia .. ill. PERRY'S LAND CLEARING P.O. BOX 2691 FORT PIERCE, FL 34953 OFFICE [172) 460-6717 FAX [/72) 461-3232 CONTRACT WITH: TREASURE COAST LAND CLEARING P.O. BOX 1132 FORT PIERCE, FL 34954 /72-466-7290 , \ WORK TO BE PERFORMED BY TREASURE COAST LAND CLEARING AND TALLY & PERRY- HAUL DEERl INCONJUCTION WIlli HURRICANE CLEAN UP FORM RANGER CONTRACT WITH PERRY'S LAND CLEARING. HAUL DEBRI OFF OF INDIAN RIVER DRIVE. AIL DEBRI TO BE PICKED UP ON INDIAN RIVER DRIVE AND HAULED OFF TO YOUR LOCATION TO BE DEPOSED OF PROPERLY. CLEARING, ROUGH GRADING, ¡'lU. OR EXCA V A'nON ARE NGf INCLUDED UNU;:SS SPECIFICALLY QUOTED, SElLEn WILL NOT BE RESPONSIBLE FOR DEMAGES TO ~Y UNDERGROUND PIPES, CONDUITS Oil STRUCfERS, SEU.ER CANNOT QUARA'fEE OR BE RESPoNSIBLE FOR ROCK BASE WORK CONSTRUCrED BY OTl IERS. ANY Cl,AIM Fon DAMAGES OR ANY COMPLAINT CONCEIlING 'IHE JOB MUST BE MADE WllHIN 48 HOURS FROM 'nME OF COMPU~110N. Wl-IEN nus JOB IS ACCEPTED. }'LEASE SIGN AND Rh1URN ONE COpy, 'I1-lIS WILl. BE OUR ORDER TO PROCEUD wrn I 11-1E JOB, AND CONSI1TUTES 11m EN'nRE CONTRACl'. NO VERBM. AGREHMEN'rs SHALL BE PART OF 11-IIS CONTRACf. 11-IE UNDERSIGNED ACCEPTS '11-IE ABOVEJOB AT mE PRICE QUOTED AND AGIlES TO PAY FOR SAID WORK PROMP'l1..Y UPON COMPLE110N OF SAME AS HEREIN SPECIFIED, IF ANY SUMS DUE ARE COU.ECI'ED BY SUIT DEMAND OF AN A'I'roRNEY OR COU.EC110N AGENCY. mEN TIlE UNDERSIGNED AGR . "'<; TO PAY C ST, IN . UDlNG REASONABl.E A1TORNEYS FEE, FOR COJ.LECI10N, PLUS INTEREST hT'mE RA - F 1 'h% N' FORM DATE OFCOM}>l.ECI10N, (f'I. " ¡,..L SIGN: DATE: I J~ ð _ / J I ðj ¿. ~ / 'i' 0) DATF~./ / L-~~,/ IV / SIGN: TREAS AS!' LA CLEARING ~~~~ PERRY'S LANDCLEARlN~ I- (j~?) ,~ .. ... t ... Treasure Coast Land Clearing, Inc.!.~___.. P.O. Box 1132 \ (\\\ ·Œ·r~ Œ U.~.Jt.; ¡ " I..-----'--'=-- l ~ , I ~ I "i \ FT. PIERCE, FL 34954-1132 \"Un1i. _ 'ìoor \\ '1\ (772) 466-7290 , JU \ FES 9 L ~J -- ! \ COUNTY ATTORN~~{ j I ... , .. L., St. Lucie County Board of County Commissioners 2300 Virginia Ave Ft. Pierce, FL 34982-5652 February 1, 2005 L. To Whom It May Concern: t,~ r.. This letter is to serve as notification that Treasure Coast Land Clearing, Inc. will burning hurricane debris with a portable air curtain incinerator, as well as our Refractory Wall Lined Air Curtain Incinerator (DEP Permit #111-003-AO). It is possible that we will be burning 24 hours a day until completion. ¡ .. Thank you, .. \\~^~~ k\(; ~ o )\ , YJ ~\!l : ~ ~dl? ~ 1 Yf( (ffJ .. .. .. La \ .. ... ... 1"-,",' [";=C' ..<:-, ,'-;:','; r " n.-=> "',\, ", ,L_, ' ' ',. '. ' , ;~,,' ,J FEB 0 7 2005 I~i L, ___.,___.~ CO. ADMiN. C,':PICE .. /~ ( 7,2 í Jì) ( ) j 1/ ,~. ;., ... .. {i ... ... l To: ~ .. From: ~ Date: ~ lilt Subject: Public Works Code Enforcement Memorandum Ray Wazny, Assistant County Administrator Michelle Prestridge, Assistant code Enforcement Supervisor February 18, 2005 Treasure Coast land clearing and Treasure Coast Tractor With reference to the actions taken at the burn cite on Orange Ave. for Treasure Coast Land L, Clearing and Traesure Coast Tractor the dates are as follows: .. 5/2/02 .. 9/11/02 , 10/9/02 .. fi' 10/11/02 ... 10/15/02 r i- 10/16/02 10/17/02 ¥c .. 4/9/03 f; .. 7/25/03 L. 7/31/04 8/20/03 '~ ,; .. 10/09/03 .. .. Hand delivered a stop work order to Mr Talley because there were 2 incinerators being used at the same time. Took photos of the smoke output from the incinerators due to a complaint. No violation was found. Hand delivered stop work orders and shut the site down completely due to no DEP permits. Photos taken Went to the property and while still under the stop work order, more debris were being hauled in. Called Sherrifs dept. and was told there was nothing they could do. Photos taken Inspection. No activity. Inspection. No activity Stop work order placed for Lawrence Vickers. 2nd Incinerator on the property without the proper permits. Photos taken. Inspection Inspection Inspection, photos taken Inspection, photos taken 6V '------'> '-- ~ .... l t .. .. La ¡! lit. 1. '- '- .. L ~ ~. .. ~ .. ~ "- &.. ÌIIII 10/24/03 Inspection, photos taken 10/28/03 Inspection, ariel photos taken by Dennis Murphy 6/14/04 Inspection, photos taken 8/04 Aerial photos taken by Randy Sevenson 10/04 Inspection, photos taken 11/04 Inspection, photos taken 11/12/04 Open burning of "Hurricane Debris". After many conversations with the Division of Forestry, Craig Hauschild, and Katherine McKenzie-Smith, It was determined that neither John Talley nor Lawrence Vickers were Contracted by FEMa not the County to haul debris therefore they were not Authorized to open burn. The Division of Forestry pulled the burn permit and The fire was put out. And no further open burning has been done to my Knowledge. 1/27/05 Aerial photos taken. (..;;9) ,-;; V ,,--------,/ ¡ ilia L. .g ~ ~ 5g ~ '- ~~ ~ e Q):J ~ ~að . .... . ~ ... ! o :J Ü '" J . I' <! ! I ~. I ., 'II II ; ~ ' L. {. \ (. , Ii. h .. ~ L. ~ .. III a I: . ~ .. ~ L -- - ..... - .. .... -- f La a: ~ --- -- ... -- = i .. It . t ! i. I ....:J ~ JJ.Nno:> 338OH::J33)I() L L. - c ~o 0-- Q)~ .~ CO 00 L-O 0---1 III -- ~ .. ... L $ " 1 , . 1 L. N .... .,. ! , ' " .. .. .. ... ¡ L. ~ .. L. ... ... I.. -- Ii. .. (: .. .. ... \{ .. 7. W. 1. (' C" Section 3.01.03 Zoning District Use Regulations !l... UTILITIES Purpose The purpose of this district is to provide and protect an environment suitable for utilities, transportation, and communication facilities, together with such other uses as may be compatible with utility, transportation, and communication facility surroundings. The number in "0" foÍlowing each - identified use correšponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. 3. 4. Permitted Uses a. b. c. d. e. f. g. h. i. j. k. I. m. n. Air transportation services (451.452) Agriculture, including farms, groves, and ranches. (01.02) Communication. (48) Electric services (491) Electric transmission rights-of-way. (491) Gas pipeline rights-of-way. (492) Gas production and distribution (492) Industrial wastewater disposal. (999) Railroad, rapid rail transit, & street railway transportation. (40,41) Sanitary services (495) Transportation services (47) Telecommunication towers - subject to the standards of Section 7.10.23 (999) Water supply and irrigation systems. (494.497) Water transportation (44) Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Dimensional Regulations 5. Dimensional requirements shall be in accordance with Section 7.04.00. Off-street Parking and Loading Requirements 6. Off-street parking and loading requirements are subject to Section 7.06.00. . Landscaping Requirements - Landscaping requirements are subject to Section 7.09.00. ¡. Conditional Uses Airports. (458) Electric generation plants. (491) Gas production plants. (492) land clearing and yard trash recycling operations - subject to t~e provisions of Section Adopted August 1. 1990 a. b. c. d. 130 (3~d Th~gh 0w01roO ~ÿ ... I.. I .. .. :J: ... ~' w ... ~ L. f .. í; i.. .... ... .. '- .. .. ¡ ... .. .. .. ( (~ Section 3.01.03 Zoning District Use Regulatiol1s ( e f. g. h. 7.10.12. (999) Natural or manufactured gas storage and distribution points. (492) Protective functions and their related activities - Correctional institutions (9223) Solid waste disposal. (4953) Outdoor shooting ranges. providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. b. Automobile and truck rental services. Restaurants. (Including the sale of alcoholic beverages for on premises consumption only.) (999) ( " Adopted August 1, 1990 131 (... ~- ._-~.. evised Through 08101/00 .7 ,/) 'L , ,.J :A- j ~ . '0 .. ¡ r .. & ï.. ... ~, .. t .. ~ III 1, íi. ~, .. ! .. t" ~ ~ ~ ,Q' ; , W' ÌIIII \' ... .. .. ~ C. : tJ Cr../LA- A /)~~ North Fork Property Owners 2630 Rainbow Drive Ft. Pierce, Fla. 34981 .- 4fIl...] , Patricia A. Ferrick / Governmental Represèntative 4802 South 25th Street ForfPierèe, Fla. 34981-5009 ~ '" St. Lucie County Board of County Commissioners. 2300 Virginia Avenue Fort Pierce, Fla. Dear Commissioners, Re: Resolution 02-022 Conditional Use OR Book1308-Page 2139 Treasure Coast Land Clearing Treasure Coast Tractor Service Property ID 2209-311-0001-000/9 r-- We are responding to the revocation hearing on the above named companies. Several members of the North Fork Property Owners are adversely impacted by open burning in our area, the members of our association, and a few who do not belong to our association have hád severe upper respiratory problems, ie, breathing, sinus infections etc. ~-::J -~ ~ Ira .. lí .. L L. ~. .. ¡ .. ~ i r: .. , ~ ~ '" .. ;~ ~. l~ Q t~ '- ... ... Ira A facility such as the one above can be of great benefit to the community as a whole. ; Such a facility has to be managed in accordance with Department of Environmental Protection Regulations, and Forestry Department permits, and Florida Statures also Florida Administrative Codes. We note that in the resolution granting the conditional use the agencies: involved also include The U.S. Corps of Engineers, and South Florida Water Management. ..r#..' This Conditional Use is also governed by Section 11.07.05 Sl , '" Lucie Land'Development Code. Under St. Lucie Certificate Capacity Exemption, th:e type of development listed is an Air Curtain Incinerator: For land Clearing Debris. If any violations occur The Environmental Control Hearing Board shalJ be the responsible board assuring compliance with the Conditional Use Permits. St. Lucie Còunty has an Environmental Control Hearing Board. The Environmental Hearing Board to date has not heard this complaint why is this step not being followed ~s outline~ _ in the Conditional Use Resolution? The complaint filed states that other businesses in the land clearing business use this site. Where does the conditional use permit prohibit this? Their conditional use permit. Section A. section 1. b. This condition is confusing. Does it mean that the Businesses, themselves cannot be in the business of land clearing and yard trash recycling? Until they get another permit. Section 9. Time frame for combustion process of 2 months, is this sufficient time for green materials to cure, and lessen smoke that is created by the burning of green materials? And perhaps lessen visible smoke problems? Under Section 11. The annual fire prevention inspection by the St. Lucie County Fire District, Fire Prevention Bureau. (5) ~.. '- '- ¡. ... L. L. L ~ .. ~ ... I La ' L\t L~ ~ .. l ~ i. ... ... .. Have any negative reports been filed by the St. Lucie County Fire District, and noticed to the BCC? We 'note in a letter dated June 6, .2003 that a report filed of éxcessive smoke was handled by the removal of an in- ground air curtain incinerator was replaced with an above the ground air curtain incinerator allowing for a more efficient burning process. As this was the first facility approved by the Board of County . Commissioners there is a trial and error problematic period that , usually occurs. This should be addressed and rectified in a .cW'~\ manner acceptable to 'all parties concerned. Such as perfiaps a guard gate, manned by the companies, times arid hours of operation,posted. Specificity added by including the Section of the LDR's that apply to any operation of this nature and attached to the coriðitional use permit.' Rules and regulations by all the governing agencies attached including but not limited to Florida Statues, Administrative Code etc. that apply 'to this type of endeavor. Again as a homeowners association w.e_see a desperate need for this type of facility, due to the number of burning permits requested and processed by the Forestry Department, From September 2001 to December 31, 2001 approximately 739 burn permits were requested. From 1/02/02 until 12/31/02 approximately 2896 perm,its were requested. Currently from 1/02103 to 9/15/03-2293 burn permits were requested. This information is from the State of Florida. In the above numbers a few were denied, and still have to be extrapolated from the print out. From 9/01/001 to December 31/01 only 2 were denied. This report was received by Patricia A. Ferrick on thert8 of ~ ' 2003. From the Division of Forestry, Agricultural Dep rtment Tallahassee, Fla. The report was requested on a project we are working on due to the hazards of inhaled smoke from burns in our county. During our investigation we found that in open burning of certain exotic species, and other items health hazards occur, and reoccur later due to particles of irritants being on rooftops, trees, etc. and when the wind blows .~. 2 '~y') ( J) ''P "- 'I-: " ... ÍIIa ... ... L. ~ .. L L f ~ ,~ L.'t, ~ v' III i. L. ... .. .. ... .. ill irritants being on rooftops, trees, etc. and when the wind blows the people with health problema are re-infected. Our aS8odation will be in the near . future requesting implementation of a system of notif"lCation that win limit ,and prohibit the forestry department from issuing permits in areas of ; "known health problems. The Department of Forestry will issue a bum permit, have it pulled due to code violations of health hazard in the area one day by code enforcement, and reissue the same permit in the same area the next day even though known health problems exisl , By the time code gets this to a hearing based on the timetable we have it is too late. " ",j..¡;.\ 81. Lucie County doeS' have an ordinance prohibiting creating health . hazards in our code. Chapter 2-9 Health Sec. 2.9.1 Air Pollution. To date as the governmental representative for the property owners, and on my own behalf; as I am one of ttiè people severely and adversely affected, with documented evidence atm a doctor's report filed with the Division of Forestry all this means nothing to the Division of Forestry. I hive met with Assistant County Administrator Ray Wazny, Code Enfo!cement Den.,.is Grim, and Dennis Bunt in one meeting and separately with Assistant County Attorney Smith. All this being said ~ are cognizant of the fact that land clearing materials must be disposed of in some manner. Should all burning be prohibited within certain radius' and materials either hauled off to a facility such as the ones In operation. or chipped. . Perhaps a re-hearing of this conditional use through the proper channels and additional Information provided in the conditions of operation should be held. . This witt help eliminate problems associated with this type of facility now and In the future. .~ We understand that Treasure Coast Land Clearing has a new (shredder), to chip wood for Red Mulch, and also uses left over's for topsoil. They also have ...(new burner) which bums 85% cleaner and that only approximately 25% of what comes in is now burned. Please work with them for a solution for the good of all St. Lucie County Reaidents. Especially those of us with health problems, "who cannot tolerate burning in our area". Please do this so someone with sever health problema does not die from exposure to the burning of Pepper Trees, and Virginia C....per and other carcinogenic plants . Sincerely, Patricia A. Ferrick, GovehVlMtltt8f Representative North Fork Property Owners. '3J7