Loading...
HomeMy WebLinkAboutBOCC Minutes 05-06-2008 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 6, 2008 Convened: 6:02 p.m. Adjourned: 12:45 a.m. Commissioners Present: Chairman, Joseph Smith, Doug Coward, Paula Lewis(late arrival), Charles Grande, Chris Craft Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Don West, Public Works Director, Mike Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held April 22, 2008, and; upon roll call, motion carried unanimously. 4. PROCLAMATIONS/PRESENTATIONS A. A presentation was made to the award winners of the Bike Safety Rodeo and the Pedestrian Safety Poster. B. Resolution No. 08-166- Proclaiming May 10, 2008 as “Lupus Day” in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 08- 166, and; upon roll call, motion carried unanimously. C. Budget Power Point Presentation by the County Administrator 5. GENERAL PUBLIC COMMENTS Mr. John Arena, area resident, addressed the Board regarding recycling of stainless steel. Mr. Jonathan Ferguson, Ruden McCloskey, addressed item K-2 on the Consent Agenda and stated the maps are inaccurate. He requested the item be pulled and placed for public hearing. Com. Craft stated he felt if the maps for item K-2 needed to be reviewed then staff should be directed to do so. He felt the item should move forward. 6. CONSENT AGENDA Com. Grande requested item E-5 be pulled for separate vote. 1 It was moved by Com. Craft, seconded by Com. Coward , to approve the Consent Agenda, with item F-8 pulled and item E-5 pulled for separate vote, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved Warrant List No. 30. B. COUNTY ATTORNEY 1. Interlocal Agreement- Villa Vizcaya Community Development District- Turn Lane Construction- The Board approved the Interlocal Agreement and authorized the Chairman to sign. 2. Humane Society of St. Lucie County, Inc., Revised First Amendment to October 1, 2006 Agreement to add Spay/Neuter Clinics- The Board approved the revised First Amendment to the October 1, 2006 Agreement with the Humane Society of St. Lucie County, Inc., and authorized the Chairman to sign the amendment. 3. Treasure Coast Sports Commission- First Amendment to September 20, 2007 Contract- the Board approved the proposed First Amendment to the September 20, 2007 Agreement with the Treasure Coast Sports Commission, and authorized the Chairman to sign the amendment. 4. Acceptance of grant award (Substance Abuse & Drug Trust Fund) The Board approved accepting the $40,800.00 grant award from the Alcohol/Drug abuse mini grant program. The Board also approved Budget Resolution No. 08-163 authorizing the expenditure of the grant funds for this program. 5. 800 MHz – Frequency Reconfiguration Agreement with Nextel South Corp- the Board approved the First Amendment to the Reconfiguration Agreement and authorized the Chairman to sign the Amendment. 6. Florida Communities Trust- Heathcote Botanical Park/FCT Project 04-045- FF4- Amendment 1 to the Declaration of Restrictive Covenants- The Board approved Amendment 1 to the Declaration of Restrictive Covenants, authorized the Chairman to execute the Amendment, transmit to Florida Communities Trust and record the Amendment in the Public Records of St. Lucie County, Florida. 7. Allied New Technologies Inc.- Rangeline Road Buffer Landscaping Agreement and Escrow Agreement- The Board approved Resolution No. 08- 095, approved the proposed landscaping agreement and escrow agreement with Allied New Technologies Inc. and authorized the Chairman to sign the Agreements. C. AIRPORT 1. Request approval of Resolution No. 08-100 accepting the Florida Department of Transportation Joint Participation Agreement- The Board approved Resolution No. 08-100 accepting the FDOT Joint Participation Agreement # 424452-1-94-01 in the amount of $3,948 for 2.5% FDOT share and a local share of $3,948 for a total project cost of up to $157,896 for the installation of perimeter fencing at the St. Lucie County International Airport and authorized the Chairman or designee to execute same. 2 2. Request approval for the First Amendment to Work Authorization No. 7- The Board approved the First Amendment to Work Authorization 7 for LPA Group to provide professional services to remove exotics at the 12.13 acre site th on the corner of US 1 and 25 St., for a total lump sum cost of $32,000 and the Chair or designee to execute the same. 3. Work Authorization No. 5 for DMJM Aviation Inc.- The Board approved Work Authorization No. 5 for DMJM Aviation Inc., to provide professional airport engineering services for the design and construction of the Phase 2 Access Control System at St. Lucie County International Airport for a total project cost of $149,788 and authorized the Chairman or designee to execute the same. 4. Approval of First Amendment to Kimley Horn and Associates Work Authorization No. 21- The Board approved the First Amendment to Kimley Horn and Associates Work Authorization No. 21, Gopher Tortoise Relocation Permitting, extending the time to complete to February 1, 2009 with no change in cost, and to authorize the Chair or designee to execute same. 5. Request approval for Work Authorization # 10 for LPA Group – The Board approved Work Authorization # 10 for LPA Group to provide professional services to complete a baseline mitigation monitoring for the 120.12 acre mitigation site at St. Lucie County International Airport for a lump sum cost of $49,996 and authorized the Chairman or designee to execute the same. D. GROWTH MANAGEMENT Petition of Allied New Technologies, Inc., to request approval of an adjustment to the Landscaping Plan modifying conditions of approval... This Agenda Item has a tandem Agenda item containing the Landscaping Agreement, including a $315,300 escrow deposit, to be established for the project known as Allied New Technologies (f/k/a Miami Tank/Chem.-Tex) -The Board approved the request for modifications to the Landscape Plan and conditions of approval of the request for modifications to the Landscape Plan and conditions of approval which require a Landscaping Agreement. The Board approved Resolution No. 08-095. E. PUBLIC WORKS 1. Budget Resolution No. 08-157 - The Board approved Budget Resolution No. 08-157 in the amount of $90,000 from the Florida Department of Transportation and Florida Ports Council for Taylor Creek Restoration-Spoil Site Evaluation & Design Project. 2. Engineering Division- Road Improvement Agreement with 84 Lumber Company, LLC developers of the site on DiGiorgio Road, west of Enterprise Road- The Board approved the Road Improvement Agreement with 84 Lumber Company and authorized the Chairman to sign. 3. Engineering Division- Second Amendment to the Agreement with H.W. Lochner, Inc., for Professional Engineering Services for the Four Laning of th Midway Road from East of the Turnpike Bridge to South 25 St.,- This amendment will provide for additional design work and field analysis in the amount of $190,470.02- The Board approved the Second Amendment to the Agreement with H.W. Lochner, Inc. for professional engineering services for the four laning of Midway Road from East of the Turnpike Bridge to South th 25 Street. 4. Engineering Division- Approve Work Authorization No. 1 to Contract C07- 07-381 with Boyle Engineering Corp- The Board approved Work Authorization No. 1 to Contract C07-07-381 for continuing professional roadway design services for the White City drainage improvements project for Citrus and Saeger Avenues in the amount of $109,000. This will be the cost 3 share project 50/50 with South Florida Water Management District. The County’s share will be $54,500. 5. Engineering Division- Approve Work Authorization No. 1 to Contract C07- 07-459 with Nodarse & Associates for professional services for the Lennard Road 1, 2 and 3 Municipal Services Benefit Unit projects to perform additional work to provide geotechn ical data in the amount not to exceed $10,000. This item was pulled for separate vote. 6. Engineering Division- Approve Change Order No. 4 in the deductive amount th of ($5,568.01) to the South 26 St., area improvements project, Contract No. C06-11-782 with Ric-Man- The Board approved Change Order No. 4 in the th deductive amount of ($5,568.01) to the S. 26 Street area improvements project, Contract No. C06-11-782 with Ric-Man International. In addition to the change order the Board approved a reduction in retainage from 5% to 1% from the amounts of $110,160.92 to $22,032.18. 7. Engineering Division- Indian River Drive Shoreline Restoration (Hurricane Repairs)- Fourth Amendment to Work Authorization No. 13 with Dunkelberger Engineering & Testing- The Board approved the Fourth Amendment to Work Authorization No. 13 for a time extension in which all work shall be completed on or before December 31, 2008 and authorized the Chairman to sign. 8. Engineering Division- Seminole Canal Culvert Replacement at Winter Garden Parkway- Change Order No. 2 to the contract with Johnson-Davis, Inc., for installation of aluminum handrail in the amount of $6,120.00. The date of completion is May 30, 2008- the Board approved Change Order No. 2 to the contract with Johnson-Davis for installation of handrail in the amount of $6,120.00 for the Seminole Canal Culvert Replacement at Winter Garden Parkway and authorized the Chairman to sign. 9. Engineering Division- Change Order No. 10 to the contract with Dickerson th Florida, Inc., in the amount of $191,460.24 for SR 615/S. 25 Roadway Widening (Midway Road-Edwards Road). The Board approved Change Order No. 10 to the contract with Dickerson Florida and approved Budget Resolution No. 08-165 and authorized the Chairman to sign. F. PURCHASING 1. Fourth Amendment to Contract C06-07-407 with Hulett Environmental Services for Pest Control Services- The Board approved the Fourth Amendment to Contract C06-07-407 with Hulett Environmental Services and authorized the Chairman to sign the amendment as prepared by the County Attorney. 2. Approval of Work Authorization No. 16 for Contract No. C04-11-622 with Taylor Engineering, Inc.,- The Board approved Work Authorization No. 16 to Contract No. C04-11-622 with Taylor Engineering, Inc., in an amount not to exceed $117,774.00 and authorized the Chairman to sign the amendments as prepared by the County Attorney. 3. First Amendment to the Professional Surveying Services Contracts- The Board approved the First Amendment to the Professional Surveying Services Contacts and authorized the Chairman to sign the amendments as prepared by the County Attorney. 4. First Amendment to the Professional Utility Engineering Services Contracts- The Board approved the First Amendment to the Professional Utility 4 Engineering Services Contracts and authorized the Chairman to sign the amendments as prepared by the County Attorney. 5. Second Amendment to Contracts C06-05-290 with Dickerson, Florida and C06-05-293 with Ranger Construction Industries, Inc., for the purchase of asphalt- The Board approved the Second Amendment to Contract C06-05- 290 with Dickerson Florida, Inc., and C06-05-293 with Ranger Construction Industries and authorized the Chairman to sign the amendment as prepared by the County Attorney. 6. Fixed Asset Inventory Property Record Removal- The Board approved removing the records from the fixed asset inventory of the Board of County Commissioners. 7. First amendment to contract C06-08-446 with Schendel & Shultz Architecture, Inc., for the design of the Emergency Operations Center- The Board approved the first amendment to contract C06-08-446 in the amount of $4,339 and authorized the Chairman to sign the amendment as prepared by the County Attorney. 8. First Amendment to contract C06-06-369 with F.H.S. Incorporated- This item was pulled. 9. First Amendment to contract C06-06-414 with Walsh Environmental Services, Inc. for Water and Sewer Monitoring Services- The Board approved the first amendment to contract C06-06-414 with Walsh Environmental Services and authorized the Chairman to sign the amendment as prepared by the County Attorney. 10. Second Amendments to Contracts C05-06-304 with Clark Mosquito Control Products Inc., C065-06-305 with ADAPCO Inc., C05-06- 306 with Golf Ventures, Inc., C05-06-313 with UAP Timberland, LLC C05-06-314 with Helena Chemical Company, C05-06-315 with Univar, USA and C05-06-320 with Red River Specialties Inc. for Bid # 05-039 Purchase of Pesticides, Herbicides, and Fertilizers, The Board approved the second amendment to the above stated contracts and authorized the Chairman to sign the amendments as prepared by the County Attorney. 11. First amendment to contract C06-06-351 (Accurate Tennis Courts), C06-06- 373 (Commercial Fence Contractors), C06-06-332 (Martin Fence Company) C06-06-327 (Stuart Fence company ) for continuing contracts for fencing contractors- The Board approved the first amendments to the above contracts for fencing contractors and authorized the Chairman to sign the amendments as prepared by the County Attorney. G. COMMUNITY SERVICES 1. Application for the FY08-09 Trip/Equipment Grant with the Commission for the Transportation Disadvantaged for trips for our transportations disadvantaged citizens and Resolution No. 08-158- The Board approved appropriating the match and applying for the Trip/Equipment Grant with the Commission for the Transportation Disadvantaged and approved Resolution No. 08-158. 2. Approval to submit an application for the State FY 08/09 Shirley Conroy Rural Capital Assistance Grant with the Commission for the Transportation Disadvantaged and Resolution No. 08-159- The Board approved the application and contract for the grant, and authorized the Chairman to sign and approved Resolution No. 08-159. 5 3. Request to reject Community Development Block Grant- The Board approved rejecting the Community Development block Grant Housing Rehabilitation bids 18,19,20 and 21 and authorized re-biding the same. 4. Request to reject all proposals for RFP # 07-056- The Board approved rejecting all proposals for RFP # 07-056 and authorized advertising for grant administration and project delivery services for grant contract numbers 07DB- 3V-10-66-01-Z04 and 08DB-D3-10-66-01-A05. H CENTRAL SERVICES David Brooks Enterprises, Inc.- Change Order No. 25 to C05-12-636 – construction of the new clerk of Courts Building, Downtown chiller plant and phase 1 of the old Clerk of Court Remodel- The Board approved Change Order No. 25 to C05-12-636 with David Brooks Enterprises, the change order will increase the contract by $279,062; the new contract sum will be $18,058,910. The Board authorized the Chairman to sign the Change Order as prepared by the County Attorney. I. GRANTS 1. Permission to accept grant agreement and Budget Resolution 08-161 for funding from the State of Florida E-911 (Enhanced 9-1-1) County Grant Program Office- Department of Management Services for funding to purchase an improved 911 Phone System. The Board approved the grant agreement and Budget Resolution No. 08-161. 2. Permission to accept grant agreement and approval of Budget Resolution 08- 162 for funding from the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office- Department of Management Services for funding to purchase an enhanced database management and call routing system for E911 Telecommunications in an effort to upgrade the St. Lucie County Public Safety in the amount of $50,000.- The Board approved accepting the grant agreement and approved Budget Resolution No. 08-162. 3. Permission to accept grant agreement and approval of Budget Resolution No. 08-164 from the Major League Baseball Charity Inc., Baseball Tomorrow Fund program for baseball field renovations at Martin Luther King Jr. – Dreamland Park- the Board approved accepting the grant approved the letter of agreement including BOCC Chairman signature, and Budget Resolution 08-164 between the Major League Baseball Charity, Inc., Baseball Tomorrow Fund in the amount of $39,000. J. ADMINISTRATION Office of Criminal Conflict and Civil Regional Counsel Office Space- the Board approved sending a letter to the Governor notifying him the County will not underwrite their office costs for rental space. K. ENVIRONMENTAL RESOURCES 1. Approval of Budget Resolution No. 08-153 - The Board approved Budget Resolution No. 08-153 to set up grant account for the St. Lucie Turtle Nesting Habitat Improvements (FL) (National Fish and Wildlife Foundation No. 2006-0114-006. 2. Bicycle, Pedestrian, Greenways & Trails Master Plan- the Board adopted the St. Lucie County Bicycle, Pedestrian, Greenways & Trails Master Plan dated March 2008. E-5 6 It was moved by Com. Coward, seconded by Com. Craft to approve Work Authorization No. 1 to Contract C07-07-381 with Nodarse & Associates, and; upon roll call, the vote was as follows: Nay: Grande, Aye’s: Coward, Craft, Smith; motion carried by a vote of 3 to 1 with Com. Lewis absent. END OF CONSENT AGENDA REGULAR AGENDA 7. PUBLIC HEARINGS A. COUNTY ATTORNEY Petition for Abandonment- 5 ft. of a 60 foot drainage easement in Holiday Pines- Resolution No. 08-128- Consider staff recommendation to approve Resolution No. 08- 128 instruct staff to publish the final Notice of Abandonment, record Resolution No. 08- 128 Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. It was moved by Com. Grande, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. B. GROWTH MANAGEMENT Petition of Angle Road Investment Company for an amendment to the Official Zoning Atlas to change the zoning from AG-1 and IX zoning districts to PUD zoning district and Final Planned Unit Development Site Plan approval for the project to be known as Millers Plantation PUD Draft Resolution No. 08-090 . It was moved by Com. Coward, seconded by Com. Craft, to approve Draft Resolution No. 08-090, and; upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT Petition of angle Road Investment Company, LLC for a proportionate Fair Share Agreement for transportation facilities to serve the project to be known as Millers Plantation PUD- Draft Resolution No. 08-143 – Staff recommends that this item be continued to a date certain to allow time to finalize the Proportionate Fair Share Agreement regarding the cost of intersection improvements on Kings Highway. It was moved by Com. Grande, seconded by Com. Craft to continue this item on July 8, 2008 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. D. GROWTH MANAGEMENT Petition of Indrio Groves, LLC for preliminary site plan approval and change in zoning from the AG-1 zoning district to the PCS zoning district- Consider staff recommendation to approve Resolution No. 08-015 with the included conditions for the project known as West Indrio Groves. Mr. Michael Houston, Houston, Cuozzo Group addressed the Board on this item and the roadway connections. Com. Coward commented on the intent to clearly have the road connections made and would like to see this incorporated. Mr. Houston advised the Board the applicant has agreed to build the second road. The Board requested a condition be added stating the second roadway would be built. 7 It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 08-015 with the added condition of the construction of the second roadway as requested by the Board, and; upon roll call, motion carried unanimously. E. GROWTH MANAGEMENT Ordinance No. 08-014 of the Board of County Commissioners of St. Lucie County Florida adopting the Public School Facility Element as part of the St. Lucie County Comprehensive Plan to provide for public school concurrency and planning; providing for filing with the Florida Department of State; providing for the transmission of the Public School Facility Element to the Florida Department of Community Affairs pursuant to Section 163.3177, Florida Statutes; providing for conflict; providing for severability; providing an effective date; and providing for adoption- Consider staff recommendation to adopt Ordinance No. 08-014 for transmittal to the Department of Community Affairs. Staff recommended this item be continued to May 20, 2008 at 6:00 p.m. or as soon thereafter as it may be heard. It was moved by Com. Coward, seconded by Com. Craft, to continue this item on May 20, 2008 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. F. UTILITIES Consider staff recommendation to adopt Ordinance No. 08-013- of the Board of County Commissioners, amending the St. Lucie County Comprehensive Plan by amending the Future Land Use Element; amending the Potable Water Sub-Element; amending the Sanitary Sewer Sub-Element; amending the Conservation Element; amending the Capital Improvements Element; adopting the 10 Year Water Supply Facilities Work Plan; and providing for filing with the Department of State; and for transmittal to the Florida Department Community Affairs pursuant to Section 163.3184 Florida Statutes. Ms. Jill Grimaldi, CDM addressed the Board on this item and presented the 10 year Water Supply Facilities Work Plan and Comprehensive Plan Updates. Com. Coward as well as Com. Grande both addressed the fact a project not being supported by the Board was mentioned in the presentation and the work plan. Ms. Grimaldi stated Cloud Grove was mentioned solely for the purpose of the water use permit. The Utilities Director stated she did not see a reason why they could not take out the mention of the Cloud Grove area plant. Com. Coward stated he was not in favor of deep well injection and would like to look at other alternatives and requested the language be strengthened regarding the alternatives. He stated he had not received information with regards to the potential expansion on Hutchinson Island. The Utilities Director also stated they are putting information together at this point and are waiting for more information and has figures showing that they will need to expand. Com. Coward requested the language be changed reflecting his concern about the Hutchinson Island proposed expansion where it would indicate alternatives and that it is not set in stone. Ms. Grimaldi stated they would soften the language in that area as requested. 8 Com. Grande commented on section 2.2.1 with regards to the regional facility and the number of wells. Ms. Grimaldi stated they needed to correct this sentence to reflect 3 primary wells and one stand by or a total of 4. Mr. Craig Mundt, N. A-1-A resident addressed the Board and stated he reviewed the study submitted and addressed the proposed expansion of the wastewater treatment plant. He advised the Board the population figures in the study. Ms. Susie Caron, Indrio Road resident, addressed the Board regarding the deep well injections as reflected in the P & Z minutes. She also questioned the capacity for Waterstone. The Utilities Director stated Waterstone does have capacity. The County Attorney addressed the changes: delete all references about a water or wastewater plant to the northwest, also add language where it indicates deep well injection is not the preferred method but one of an alternative methods and it must be brought back to the Board for approval; and with regard to the North Hutchinson Island plant add words stating that it is a potential expansion that must be approved by the Board. Com. Coward requested any reference to Cloud Grove be removed and not only the plant but also the 12” main that runs outside the urban service boundary to that location, and also the change of the map for St. Lucie West service area as indicated by Ms. Grimaldi. It was moved by Com. Grande, seconded by Com.Coward to approve to transmit with the amended changes as indicated by the County Attorney and Com. Coward, and; upon roll call, motion carried unanimously. G. GROWTH MANAGEMENT Petition of the Mellon Patch Inn for a Conditional Use Permit for a four room tourist court with limited special events in the HIRD zoning district for property located at 3601 N. A-1-A- Consider staff recommendation to approve Resolution No. 08-093 which would grant a condition use permit to allow a four room tourist court with limited special events in the HIRD zoning district for property located at 3601 N. A-1-A with conditions approved by the Planning and Zoning Commission. Ms. Leslie Olson, SLC Planner, addressed the Board on this item and presented the conditions as attached. The Chairman addressed the general public and advised them of the meetings previously held regard this item. Mr. Johnathan Ferguson, attorney for the applicant, addressed the Board on this item. The applicant, Ms. Cathy Townsend, addressed the Board on this item and her request. Mr. Ferguson addressed the Board regarding the conditions and his recommendations on some changes to the conditions recommended by staff in the memorandum dated April 18, 2008. The following letter was sent to Ms. Olson, Planner for St. Lucie County. Dear Ms. Olson: I have been retained by Cathy Townsend to assist her with the upcoming public hearing on her request for a Conditional Use Permit to operate a Tourist Court with special events at the Mellon Patch Inn (“Mellon Patch”). I am aware of and understand the history of 9 this project and am cognizant of the many competing interest that staff is attempting to balance as this application goes forward. However, it is also important that staff remain mindful of the practical implications of some of the proposed conditions. For example, there are several conditions that may appear reasonable in the abstract but the real world application of those conditions to the Mellon Patch would result in the Mellon Patch going out of business. With that in mind, we have reviewed the latest draft of Resolution No. 08-093 and offer an alternative draft for staff’s consideration and the County Commission’s consideration. The reasoning for the proposed changes is explained below. First, one minor point, after reviewing the prior discussions concerning the events allowed or not allowed and the use of the term “special events”, it is clear that given the proposal that is going to the County Commission that there is no longer a meaningful distinction between the term ‘events” and “special events.” Therefore, so as not to perpetuate the potential confusion, we are proposing that the term “events” be used throughout the Resolution. The first instance of this change is found in the first paragraph of the Whereas clauses. The rest of the proposed changes to the Resolution are more critical. It will be extremely difficult if not impossible for the Mellon Patch to remain in business if it cannot continue to host events, as it has been doing, upon the County Commission’s approval of the Conditional Use permit. For this reason, staff’s proposed Condition No. 1, which requires the Mellon Patch to go through the Major Site Plan review process before events can be hosted, will make it extremely difficult for the Mellon Patch to survive. The scale and scope of the proposed changes do not warrant the review required for a major site plan as contemplated by the County’s Land Development Code. If this project was coming forward as a new proposed use it would not trigger major site plan review as set forth in Section 11.02.02 LCD. The reconfiguration of the stormwater water retention area and addition of parking spaces should be treated as a minor adjustment to a minor site plan and, in this case, simply reviewed by the Engineering Department and Building Department. We have revised Condition No. 1 to reflect this suggested change. As noted above, it is critical that the Mellon Patch be allowed to continue as it has operated in the past while the permitting for the additional parking is approved and the work is completed. We recognize that the parking at Pepper Park is not available. As an interim and temporary measure, we propose to use off site parking at The Bauman Apartments which are located just north on A-1-A. A new Condition No. 2 has been added to allow for this contingency. The proposed changes to proposed Condition No. 2 (now No. 3) subparts a.,b.,c., and f. are not meant to change the substantive intent but merely to help clarify the parameters of the conditions. We are requesting a substantive change to the event hours as set forth in subpart d. and e. We do not feel that is unreasonable to have events end at 9:00 p.m. with all guests off the premises by 9:30 p.m. Given the other constraints that we are agreeing to, the extra half hour should have minimal effect on the neighbors while providing the Mellon Patch with the added flexibility to host events. Finally, we are proposing a clarification to Paragraph C which sets forth the term of the Conditional Use Permit so that it is more in line with Section 11.07.05.I., LDC. If you have any questions as to any of our proposed changes, please do not hesitate to contact me. Thank you for your assistance. Sincerely, Johnathan A. Ferguson Ruden McCloskey PUBLIC COMMENTS 10 Ms. Jean Downing 5163 North A-1-A , addressed the Board and expressed her concern with the devaluation of property in the area but not due to the Mellon Patch . She addressed the sea grapes at Pepper Park near the Seal Museum. She stated she was in favor of the Mellon Patch and stated it was the only amenity left on the island. Ms. Mary Settle, 917 Jackson Way, Ft. Pierce, addressed the Board in support of the Mellon Patch. Mr. Paul Settle, 917 Jackson Way, business owner addressed the Board in support of the Mellon Patch . Ms. Tena Signon, 2713 Placid Drive Ft. Pierce, addressed the Board in support of the Mellon Patch. Mr. Stephen Scalf, 8101 Coquina Ave., Ft. Pierce, addressed the Board in support of the Mellon Patch. Ms. Cecelia DeFilippis, 1006 Beach Court, Ft. Pierce, addressed the Board in support of the Mellon Patch. Mr. Brian Killday, 909 Jackson Way, Ft. Pierce , addressed the Board and stated he did not wish for the establishment to close down, he is opposed to the change in the use of the property. He addressed the Ordinance where it stated alcohol transfer is prohibited. Ms. Mary Speranza, 915 Jackson Way, Ft. Pierce, addressed the Board in favor of the Bed and Breakfast only being permitted on the property. Ms. Kim Conley, 3417 N.A-1-A Ft. Pierce, addressed the Board and stated she encourages business to continue as a Bed and Breakfast but not as a special events facility. Ms. Susan Scotti, 3415 N. A-1-A, addressed the Board in opposition to the proposed plan. She is not opposed to the Bed and Breakfast but is opposed to a commercial event establishment. Ms. Jane Brooks, 3207 S. Lakeview Circle, addressed the Board and expressed her concerns with events taking place at the facility. Ms. Dickie Brooks 924 Jackson Way, Ft. Pierce, addressed the Board and stated she would like the original operation as a Bed and Breakfast any other permitted use would break the promises made in the past. Mr. Floyd Grisby, 930 Jackson Way, addressed the Board and stated there is no code covering Tourist Courts, however there is a code for Bed and Breakfasts. He believes the Board needs to set conditions that establishes boundaries. Ms. Susan Shetler, 4100 N. A-1-A, addressed the Board in support of the Mellon Patch. She stated she has had many visitors stay at the facility. Ms. Jacqueline Goodman, 3601 N.A-1-A, addressed the Board in favor of the Tourist Court due to the fact she felt the area was a resort community and seasonal. Ms. Royce Northcott, 929 Jackson Way, 5 part time resident, addressed the Board in support of the business being run as a Bed and Breakfast. Mr. Craig Mundt, 5051 N.A-1-A addressed the Board and stated there presently is no other facility in the area that provides daily lodging. He believes they have proven with the last few months they can operate within the perimeters set by the Board and felt it should be considered a minor site plan. Ms. Pat Spradling, 925 Jackson Way, addressed the Board on the item and it’s previously permitted use, her opposition to special events and the affect to the community. 11 Ms. Jean Harrison, 2010 Colonial Road, addressed the Board and stated she felt staff’s proposal was extremely well presented. Mr. Jorge Brache, Jackson Way, addressed the Board on the impact the business has had on the community. Ms. Debrah Agnello, 3150 N.A-1-A addresed the Board on the tax payer dollars spent on this issue and felt it was time to come to a solution. Ms. Anita Prentice, 2605 St. Lucie Blvd., addressed the Board in support of the Mellon Patch. She advised the Board she had conducted her Salon Art Shows at the facility. Mr. Chris Parmelee, 5191 Deanna Lane, addressed the Board and stated what staff was offering was legitimately good for the Mellon Patch. Mr. Wilson Townsend, son of the applicant, addressed the Board on the beauty of the property and his mother’s hard work in keeping it successful. Mr. Ferguson made closing remarks and stated he felt there was a balance and believes what Ms. Townsend is asking for is reasonable and is addressed as a conditional use. Com. Coward stated he is interested in striking a balance, however he does have to consider the area residents also and noted a conditional use in a residential area is very restrictive. He stated the Board is trying to get the use back in line with the original approval. The original intent was not to have a commercial general use. They need to fashion conditions that will allow the business operation and at the same time protect the area residents. Com. Craft commented on the case presented from both sides and felt the Board was tasked with the responsibility to find that balance. He believed the lights, music and people were an issue and these issues impacted the residents. These issues have now been eliminated and he was willing to hear any suggestions the Board members may have. The County Attorney stated he had some recommendations with regard to the issues for the Board to consider: The definition of Tourist Court- as a permitted conditional use as a Tourist Court shall be limited to use as a Bed and Breakfast Inn and shall not be used as a Hotel or Motel. The use shall be subject to the following requirements applicable to Bed and Breakfast residences: a. (the Board may insert current code) b. A singular sign would be permitted c. A maximum of 5 guest rooms for rent d. One off street space per guest room e. No food preparation ( may need to be modified) and add meals shall be provided to invited guests only f. Exterior appearance of structure shall not be altered from the existing single family character g. Guest shall be limited to a stay of no longer than 30 consecutive days In addition the following conditions shall apply: (The County Attorney suggested staff’s conditions are inserted here. The County Attorney addressed the alcohol issue as defined by the Asst. County Attorney. He recommended the following modification: Alcohol is permitted at events if it is brought in by guests for their own use. The Mellon Patch Inn shall not provide alcohol to non resident guests either directly or by contract. 12 The Mellon Patch Inn may provide alcohol to those guests staying in guest rooms if properly licensed. The County Attorney stated he believed the language submitted by the applicant is not acceptable due to the fact it may be too broad. With regard to the minor or major site plan, the County Attorney believes the Growth Management Director can provide recommendations. He also believes in order for the county to provide itself with some protection, they may wish to add something to the order of: “No Non-residential use shall be allowed unless specifically permitted pursuant to this Resolution.” Com. Craft questioned a deputy being at the location for events. Ms.Townsend stated she contracts a deputy for the events. There was an open house gala for the community and someone ordered a deputy for the control of the park so that no one could park there who was attending the event and someone stated it was a paid deputy. The County Attorney advised the Board when stipulating and all other conditions will apply they would refer to the following after the Board had made a decision on them. The minor or major site plan, the time effective, invitation or pre registration only, no more than 40 persons or guests for events, no limit on number of events (will try to limit) amplified music, time event will end. Com. Coward stated he would be willing to swap out the site plan approval if they would place landscaping by the fence to buffer the neighbors. The Growth Management Director provided information on what could be provided for landscaping and buffer and minor site plan. The County Attorney stated he was comfortable with page 3 as indicated by the applicant. Com. Coward stated he felt they needed to identify and provide guidance regarding the types of events and uses compatible with the neighborhood. Com. Grande commented on the advertised events and would prefer advertising not be permitted due to the fact too many people may attend and how would you stop them from attending. He recommended it be by invitation or pre-registration as indicated by the applicant. Mr. Ferguson stated advertising was normally done for pre-registration with a set number but not advertising would be too restrictive. Com. Grande recommended no advertising be allowed that would not prescribe preregistration. Mr. Ferguson concurred with this statement. Com. Coward stated he would like to have a limited number of events. He did not agree with the P & A recommendation as unlimited. He does not have a problem with under 20 people events being unlimited. He is more concerned with the large weddings etc. Com. Grande concurred with Com. Coward’s recommendation. Com. Smith stated he was comfortable with unlimited events as proposed by the Planning and Zoning Board. Com. Craft stated he can go with it f they pulled back hours of operation he would like to give piece of mind to the neighbors. 13 Com. Grande stated he had a problem with what was being presented. He believed they should have a limit on how many days the neighbors should have to deal with events and recommended 2 events per month over 21 people and under 20 people unlimited. Com. Lewis stated she was uncomfortable with the concept it be based on the number of guests and the impact anyone would believe the Board would permit. Mr. Ferguson suggested 20 or less unlimited, 21-40 limited to 15 events per month. Com. Grande reiterated his position on 12 per year or 2 per month of 21 or more. Com. Lewis stated she was comfortable with what has been presented by the applicant. The majority of the Board accepted the language proposed by the applicant, to have 20 people or less unlimited and 21-40 people limited to 15 events per month. With regard to the music the County Attorney read the applicants recommendation. Com. Grande steed the problem he has is 40 people or less every night in a back yard with music, alcohol. Com. Craft recommended all outdoor activities to end by 8:00 p.m. with the property being cleared by 9:00 p.m. The majority of the Board agrees with the recommendation as provided by the County Attorney. Com. Grande was not in favor. The alcohol issue, the County Attorney stated it would be “Alcohol is permitted at events if brought by guests for their own use. The Mellon Patch shall not provide alcohol to non- resident guests but may provide alcohol to guests staying at the Inn in a guest room if properly licensed. This would not preclude the guests from hiring a caterer to provide alcohol at the event.” This would more or less like a BYOB (Bring your own bottle). Com. Craft stated he did not have an issue with a caterer providing the alcohol The balance of the Board concurred. The applicant’s attorney stated they did not have any comments on 99% of the recommendation. Mr. Ferguson addressed the recommended changes. After discussion and Board comments the County Attorney addressed the changes as approved by the majority of the Board: The County Attorney reiterated the definition of a Tourist Court he provided earlier as a starting point. DRAFT: 1. The permitted Conditional Use as a tourist court shall be limited to a use of a Bed and Breakfast Inn and shall not be used as a hotel/motel or restaurant/bar. The use shall be subject to the following modified requirements of Section 7.10.20, Bed and Breakfast Residences: a. Only a singular sign, for the purposes of identification, no advertisement shall be permitted. Identification sign shall not exceed 32 square feet in area and shall not be illuminated. 14 b. The maximum number of guest rooms is four as required by density regulations in the HIRD zoning district for the total acreage on the subject parcel. c. One off-street parking space shall be provided per guest room for room rental uses. All off-street parking shall meet the minimum design criteria of Section 7.06.00. d. No food preparation or cooking shall be conducted within any bedroom nor other individual rented rooms. Meals shall be only provided to overnight guests unless provided by a professional caterer to invited guests. e. The exterior of the structure shall not be altered from its single family character. f. Guests are limited to a length of stay no longer than 30 consecutive days. In addition the following conditions shall apply: 2. The applicant shall submit a Minor Adjustment to a Minor Site Plan application to Growth Management per Section 11.02.5.E of the County’s Land Development Code and must be approved by the Growth Management Director. This adjustment shall include the additional parking (including grass parking or other pervious paving system, if approved by the County Engineer required for the limited events conditioned in this document, the modified stormwater retention area, as well as increased landscape buffers as well as along the public rights of way, per Sections 7.09.04 A, 7.09.04B. and 7.09.04 E of the Land Development Code. a. Applicant shall submit an application for Minor Adjustment to a Minor Site Plan within 30 days of the date of this Resolution. b. Once approved by the Growth Management Director, the applicant shall satisfactorily complete all improvements within 120 days of this Resolution. In the interim, a shared parking agreement, acceptable to the Growth Management Director may be utilized by the applicant for event parking during the Site Plan review, approval, permitting, construction and inspection of required improvements. The applicant shall be responsible for transporting guests between the off-site parking facility and the Inn. The shared parking agreement may continue to be utilized once require site improvements have been completed for overflow parking. 1. The following additional conditions shall be placed on all events held at The Mellon Patch Inn. a. All events shall be by invitation only with a guest list. Examples include: Wedding Showers, Weddings, Baby Showers, Anniversary Parties, and Birthday Parties. Open invitation are not allowed. If an event is advertised to the public, preregistration is required. No guest list or preregistration shall exceed 40 individuals. b. No more than 40 guests shall be allowed at any event. c. There is no limit on number of events that may be hosted; d. No outdoor music with any amplifier system is acceptable. Live, acoustic, unamplified music is acceptable (e.g. string quartet) this would not prohibit the playing of a wedding processional ore recessional on a small home stereo system. All music must meet the requirements of the St. Lucie County Noise Ordinance: e. All outdoor events will end no later than 8:00 p.m. f. All guests not staying at the Inn will be off premises no later than 9:00 p.m. and; g. Alcohol is permitted at events if brought by guests for their own use. The Mellon Patch Inn shall not provide alcohol to non-resident guests but may 15 provide alcohol to guests staying at the Inn in a guest room if properly licensed. This would not preclude guests from hiring a caterer to provide alcohol at the event. 2. No non-residential use shall be allowed unless specifically permitted pursuant to the resolution. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 08- 093 as amended to reflect a preamble and; upon roll call, the vote was as follows: Nay: Grande, Aye’s: Lewis, Coward, Craft, Smith; motion carried by a vote of 4 to 1. Com. Grande stated he did not support every night events, alcohol, and 40 people in a back yard near residents. END OF PUBLIC HEARINGS REGULAR AGENDA 8. PUBLIC WORKS Angle Road Sidewalk Project Update – Staff recommends that the Board allow staff to rd pursue breaking this project into two parts: 53 Street to Avenue Q and Avenue Q to Orange Avenue. It was moved by Com. Coward, seconded by Com. Grande, to approve staff recommendation, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. __________________________ Chairman _________________________ Clerk of the Circuit Court 16