HomeMy WebLinkAboutBOCC Minutes 04-06-2004
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: April 6, 2004 Convened: 3:00 p.m.
Tape:1-4 Recessed: 4:30 p.m.
Re-convened: 6:00 p.m.
Adjourned: 9:38 p.m.
Commissioners Present: Chairperson, Paula A. Lewis, Frannie Hutchinson, John D.
Bruhn, Cliff Barnes, Doug Coward
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Heather Young, Asst. County Attorney, Dennis Murphy, Community
Development Director, Paul Phillips, Airport Director, Marie Gouin, M & B Director,
Beth Ryder, Community Services Director, Jack Southard, Public Works Director, Leo
Cordeiro, Solid Waste Manager, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES ( 1027)
It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the minutes of
the meeting held March 16, 2004; and, upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 04-125- Proclaiming April 5, 2004 through April 11,
2004 as” National Public Health Week” in St. Lucie County, Florida.
It was moved by Com. Coward, seconded by Com. Barnes, to approve Resolution No.
04-125; and, upon roll call, motion carried unanimously.
Ms. Diane Walgren, Health Department was present to accept the proclamation.
B. Resolution No. 04-122- Proclaiming April 18, 2004 through April 24,
2004 as “St. Lucie County Crime Victims’ Rights Week” in St. Lucie
County, Florida.
It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve Resolution No.
04-122; and, upon roll call, motion carried unanimously.
Chief Deputy, Gary Wilson Sheriff’s office, was present to accept the proclamation.
C. The County Administrator read upcoming events and scheduled
meetings.
RA1. PROCLAMATION
Resolution No. 04-129- Proclaiming April 11, 2004 through April 17, 2004 as “Public
Safety Telecommunications Week” in St. Lucie county Florida.
It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution No.
04-129; and, upon roll call, motion carried unanimously.
Capt. Ken Merrick, SLC Fire District was present to accept the proclamation.
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3. GENERAL PUBLIC COMMENTS
Mr. Mark Orr, attorney for the Migrant Workers families who were in a fatal crash
this past week, addressed the Board and requested the Board consider waiving the
cost of the Fairgrounds for a fundraiser for the families this Saturday.
Ms. Linda Tapia, Gomez Productions, addressed the Board and provided information
on the community support as well as individual agencies support, i.e the Sheriff’s
office, the Mayor of the City of Ft. Pierce, Southern Eagle, and Circle H Citrus.
Mr. Bobby Rodriguez, Director of the Latin Chamber of Commerce, addressed the
Board and asked their support for this request.
Letters of support were submitted for the record.
Com. Hutchinson stated she was in support of this request because it was a tragedy which
occurred in our back yard.
Com. Coward stated he too was in support of waiving the fee.
Com. Lewis expressed her concern with waving the fee since there is a policy in place for
not for profit organizations.
Com. Barnes stated he shared the same concerns as Com. Lewis and wasn’t sure where to
draw the line if this was approved.
Com. Coward suggested staff possibly pursuing assistance from the private sector to pay
the fee.
Com. Bruhn stated he had a difficult time charging families for any of the facilities in
their time of need.
Com. Hutchinson suggested staff review alternatives for the funding and bring the results
back to the Board at 6:00 p.m.
Mr. Carl Benkert, Lakewood Park resident, addressed the Board regarding the Oakland
Estates development which is now in the planning and zoning stage. He expressed his
concerns with the density in the Lakewood Park area.
Ms. Susan Caron, Indrio Road resident, addressed the Board regarding her home and the
view from her back yard where it shows the proposed Emerson Estates development and
the affect it would have in the surrounding area.
Ms. Julie Orbin, Lakewood Park resident, addressed the misunderstanding regarding the
second well at Holiday Pine to accommodate Potorfino Shores.
The County Administrator stated at this point they are not sure whether or not they will
be building a second well, their priority is to get the existing water treatment plant off
line.
Ms. Orbin asked if any new developments could be pulled off the agenda until it is
known what would be done in the area.
Com. Lewis stated she believed this could not be done. There are many legal issues i.e.
advertising and codes and regulations have not been set as yet with regard to the
Charrette.
Com. Coward stated there is zoning in place and anyone who requests developing that is
consistent with their current zoning would be permitted to move forward. The issue is
that there is a speculative developing interests coming in who are buying up agricultural
land outside the urban service boundary in hopes that they would give the similar
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approach in developing as the City of Port St. Lucie has which would give them new
development rights. These are the developments which should be put on hold until to do
a plan on how the region should be built out and we move forward with the Charrette.
Com. Barnes stated they could not take away existing rights and there is a misconception
on what the County can do by the people and the developers. The County must comply
with existing laws since the Charette laws have not been written to this point. It does not
mean they give away rights they don’t have, but the county must follow the rights they
have right now.
Mr. Grant Dunn, Lakewood Park offered $300.00 on behalf of his wife and himself
against the fee for the Fairgrounds to assist the fundraiser for the migrant workers killed
in the car accident.
Ms. Eileen Novak, Lakewood Park resident, addressed the Board regarding the dirt piled
on Palimar Road. She also commented on the proposed single family homes which to her
estimation would be 5 feet apart from each other.
Ms. T.A. Weiner, Okeechobee Road resident, addressed the Board on the growth and the
environmental impact and the Comprehensive Plan.
Mr. David Kelly, Planning Manager advised Ms. Weiner that the Stipulated Agreement
has been approved so, they in fact have a new Comp Plan.
4. CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Barnes, to approve the Consent
Agenda with the corrections and additions as noted ; and, upon roll call, motion carried
unanimously.
1. WARRANT LIST
The Board approved Warrant List Nos. 27,28 and 29.
2. PUBLIC WORKS
A. Lennard Road 1 MSBU- Paving & Drainage (SLC) - The Board
approved Amendment No. 3 to Work Authorization No. 8 to the
Agreement for Engineering Services with Culpepper & Terpening Inc.,
for Task 10, Surveying Services, and Task 13, Fencing in the amount
of $11,940.00 for Acquisition purposes.
B. Harmony Heights M.S.B.U.- Potable Water Improvements FPUA-
The Board approved advertising for Initial Public Hearing- The Board
accepted the petitioning ballots and granted permission to advertise the
Initial Public Hearing to be heard on May 4, 2004 which is a night
Board meeting.
C. Request to approve Budget Resolution No. 04-106, Equipment request
EQ04-245- and Budget Amendment BA 04-141- The Board approved
Resolution No. 04-106 establishing the budget for the Florida
Department of Agriculture Grant, Equipment Request EQ04-245 for
the purchase of a watering truck and Budget Amendment No. BA 04-
141.
D. Amendment No. 1 to the Grant Agreement with DEP for the River
Park Baffle Boxes- The Board approved Amendment No. 1 to the
Grant Agreement with the DEP for the River Park Baffle Boxes,
E. Request for a Public hearing on St. Lucie Citrus Mining Permit
Application- The Board approved a public hearing to be held on May
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4, 2004 or as soon thereafter as possible to consider the request of the
St. Lucie Citrus Mining Permit Application.
F. Change Order No. 2 in the amount of $18,744.02 for modifications to
the South Jenkins Road Extension project- The Board approved and
authorized the Chairman to sign Changer Order No. 2 in the amount of
$1,666,718.94 to Ranger Construction Industries, Inc., for design
modifications and additions made to the plans to increase safety
awareness to the traveling public and carry out several construction
activities.
G. Change Order No. 6 for Wharton-Smith to decrease the amount by
$42,688.00 for the St. Lucie County Fairgrounds- The Board
approved with the Chairman’s signature, Change Order No. 6 for
Wharton-Smith to decrease the amount by $43,688.00 for the St. Lucie
County Fairgrounds.
H. Amendment No. 7 to the Consultant Agreement with Inwood
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Consulting Engineers for S. 25 St. Roadway Widening Project- The
Board approved Amendment No. 7 to Inwood Consulting Engineers
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Consultant Agreement for S. 25 St., at the intersection of Midway
Road in the amount of $51,796.65 and authorized the Chairman to
sign.
I. Request for Third Amendment to Contract # C02-01-258 entered into
between St. Lucie County and CEM Enterprises, Inc., to provide
Enhanced Swale Maintenance services for the Road & Bridge Division
of Public Works- The Board approved the Third Amendment to the
Contract and increased the contract total amount to $550,000.00 per
year, and authorized the Chairman to sign.
3. UTILITIES
A. Changer Order with Astaldi Construction Corp. for
construction services related to the Seminole water line
extension in the amount of $23,807.18 - The Board approved
the Change Order with Astaldi Construction Corp. for
construction services in an amount of $23,807.18.
B. Change Order for Speegle Construction II, Inc., for additional
controls and equipment to improve the operation of the
reclaimed water pumping system at the North Hutchinson
Island Wastewater Treatment Facility in the amount of
$9,182.31- The Board approved the Change Order with
Speegle Construction II, Inc.
C. Work Authorization with LBFH Inc., for engineering services
for the preparation of a Water Supply Facilities Work Plan
Amendment in the amount of $41,120.00 - The Board
approved the Work Authorization with LBFH Inc.
4. COMMUNITY SERVICES
A. Resolution No. 04-113 and the 2003/04 application for the U.S.C. 5307 Federal
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Transit Administration Grant- The Board approved the grant application and
Resolution No. 04-113 accepted the grant and authorized the Chairman to sign
all documents necessary.
B. Approval of Amended Contract between the State of Florida Department of
Health and St. Lucie County for Operation of the Health Department and
approval for the Health Department to purchase a vehicle for $20,000 with
funds from the allocation approved by the Board for FY04 budget- The Board
approved the amended contract between the State of Florida Department of
Health and the County, approved used of 20,000 of the $863,000 approved
budget allocation to purchase a vehicle and authorized the Chairman to sign all
pertinent documents necessary and to approve EQ04-251.
C. Acceptance of the grant award of the Fy03 Rural Area Capital Equipment
Support grant from the Florida Commission for the Transportation
Disadvantaged and approval of Budget Resolution No. 04-123- The Board
approved accepting the grant, approved Resolution No. 04-123 and authorized
the Chair to sign all documents necessary to execute the grant.
D. Appointment of members to the Treasure Coast Community Services Tripartite
Board for the St. Lucie/Martin/Okeechobee County Community Action
Agency- The Board approved the re-appointment of the current representatives
for St. Lucie County to the Treasure Coast Community Action Agency Board.
E. Approval of Contract with Nancy Phillips & Associates L.C. to provide
professional services to plan and write the FY04 Community Development
Block Grant Program- The Board approved the contract with Nancy Phillips &
Associates L.C.
5. PURCHASING
A. First Extension to Contract No. CO03-04-293 with Ranger Construction
Industries, Inc.- The Board approved the First Extension to contract C03-04-
293 with Ranger Construction Industries, Inc., for the purchase of asphalt
millings and authorized the Chairman to sign the extension as prepared by the
County Attorney.
B. First extension to Contract No. 03-04-294 with Dickerson Florida Inc.,- The
Board approved the first extension to contract C03-04-294 with Dickerson
Florida, Inc., (secondary vendor) for the purchase of Asphalt Type S3 and
Asphalt Sticker for patching and repairing of public roads in St. Lucie County
and authorized the Chairman to sign the extension as prepared by the County
Attorney.
C. First Extension to Contract C03-04-295 with Ranger Construction Industries
Inc.,- The Board approved the first extension to contract C03-04-295 with
Ranger Construction Inc., (primary vendor) for the purchase of Asphalt Type
S3 and Asphalt Stickler for the patching and repairing of public roads in St.
Lucie County and authorized the Chairman to sign the extension as prepared
by the County Attorney.
D. Bid Waiver and Piggyback Martin County Auction Services Contract- The
Board approved the waiver of the bid process, awarded contract to Karlin
Daniel & Associates to provide auction services and authorized the Chairman
to sign the contract as prepared by the County Attorney.
E. Award Bid # 04-26 Media Equipment for TV Studio - The board approved
awarding Bid # 04-026 Media Equipment for TV Studio to the lowest bidders,
B & H Photo Video-$53,323.50 Digital Video Systems- $2,606.61 and Encore
Broadcast Equipment Sales- $8,895.00.
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F. First Extension for suppliers listed on the Bid Award Form to Furnish and
Install Fencing- The Board approved the first extension to the contracts with
the suppliers on the Bid Award Form to Furnish and Install Fencing and
authorized the Chairman to sign the extensions as prepared by the County
Attorney.
G. First Extension with the suppliers listed on Bid Award Form for Rental of
Construction and Industrial Equipment- The Board approved the first
extension to the contracts with the suppliers listed on the Bid Award Form for
Rental of Construction and Industrial Equipment and authorized the Chairman
to sign the extensions as prepared by the County Attorney.
H. Software (Intangible Assets) Removal- The Board approved the removal of
the asset numbers from the Software Intangible Asset Inventory of the BCC.
I. Bid # 04-030 Weatherbee Road and U.S. 1 Intersection Improvements- Reject
bid- The Board approved rejecting Bid # 04-030 Weatherbee Road and U.S. 1
Intersection Improvements and directed staff to revise the plans and bid
document and re-bid this project in anticipation of receiving lower bids.
J. RFP# 04-017- Design/Build for Open Space Pool- The Board approved
negotiating with Recreation Design & Construction Inc., for Design/Build for
Open Space Pool and bring back to the Board an acceptable negotiated price.
K. Permission to advertise Invitation for Bid for the installation of Bleachers at
South County Stadium- The Board approved the advertising of Bleachers at
South County Stadium.
L. Bid # 04-013 Purchase of 1 Vibratory Soil Compactor w/smooth Drum-
Cancel award to Nortrax Equipment Co. and reject all bids- The Board
approved the request to re-bid the equipment.
6. COUNTY ATTORNEY
A. Bear Point Mitigation Bank-Work Authorization No. 5 (03-05-395) with Hazen
and Sawyer Engineers, P.C. for Additional Performance Verification and
Construction Certification Services- The Board approved the proposed Work
Authorization No. 5 with Hazen & Sawyer Engineers, P.C. for the Bear Point
Mitigation Bank and authorized the Chairman to execute.
B. Revocable License Agreement- URS Corporation-Monitoring Well on Old
Dixie Highway- The Board approved the Revocable License Agreement,
authorized the Chairman to execute the Revocable License Agreement and
instructed URS, Corporation to record the Agreement in the Public Records of
St. Lucie County.
C. Airport Industrial Park- Contract for Sale and Purchase with Arthur
Hungerford- The Board approved the proposed Contract for Sale and Purchase
of five Airport Industrial Park lots with Arthur Hungerford and authorized the
Chairman to sign the contract.
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D. South 25 St. Roadway Widening-Midway Road to Edwards- Temporary
Easement- Jerry and Margaret Davis- The Board accepted the Temporary
Construction Easement, authorized the Chairman to sign Resolution No. 04-126
and directed staff to record the documents in the Public Records of St. Lucie
County, Florida.
7. INVESTMENT FOR THE FUTURE
A. Approve Change Order No. 1 in the amount of $1,984 for the Orange Avenue
Canal Starr Farms culvert replacement project- The Board approved and
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authorized the Chairman to sign Change Order No. 1 in the amount of $1,984
for the Orange Avenue Canal Starr Farms culvert replacement project for a total
contract of $205,239.
B. Change Order No. 1 to Contract # 03-12-744- Summerlin Seven Seas, Inc./John
Brooks Park- The Board approved Change Order No. 1 with Summerlin Seven
Seas, Inc., to increase the contract amount by $12,850.00 and authorized the
Chairperson to sign the Change Order as prepared by the County Attorney.
C. Change Order No. 2 to Contract # 03-11-763- Property Solutions/Rock Road
Correctional Facility- The Board approved Change Order No. 2 with Property
Solutions to increase the contract amount by $12,649.00 and contract time an
additional 10 days and authorized the Chairperson to sign as prepared by the
County Attorney.
8. AIRPORT
A. Security Coverage/Fencing Budget Resolution- The Board approved the
Budget Resolution No. 04-116 for the Florida Department of Transportation
Joint Participation Agreement $60,000 grant for security coverage/fencing at the
St. Lucie County International Airport.
B. Budget Resolution for the Benefit/Cost Analysis for proposed parallel runway-
The Board approved the Budget Resolution No. 04-117 for the Florida
Department of Transportation Joint Participation Agreement $8,333 grant for
benefit cost analysis/fencing at the St. Lucie County International Airport.
C. Benefit Cost Analysis scope of work- The Board approved Work Authorization
No. 1 with PBSJ for $165,740 for the preparation of the Benefit/Cost Analysis
for the proposed parallel runway at St. Lucie County International Airport.
9. GRANTS
Authorize the submittal of a grant application to the Florida Inland Navigation District
Waterways Assistance Program- This grant will provide $267,000 for the dredging of
Taylor Creek- The Board approved the submittal of the grant application to the Florida
Inland Navigation District and approved the attached Resolution No. 04-124.
10. COMMUNITY DEVELOPMENT
A. Scenic Highway Corridor Management Entity Agreement- The Board approved
the Corridor Management Entity Agreement.
B. Ratification of the Tourist Development Council’s decision to approve a $2,000
Special Event Grant Application for the Wings N Wheels Event organized by
the Victory Children’s Home, funding from the County’s Tourist Development
Council’s grant agreement- The Board approved the proposed Special event
Grant Agreement and application in the amount of $2,000 to Victory’s
Children’s Home/Wings N Wheels as drafted by the County Attorney and
authorized the Chairman to sign.
C. The Tourist Development Council would like to institute a St. Lucie County
Hotel Survey Cash Contest that will run for one year. Quarterly winners to
receive cash prize of $250. Total winnings for the year will amount to $1,000
and will come out of Tourism revenue- The Board approved using $1,000 from
Tourism revenues for cash prize of $250 each for this survey contest.
11. ADMINISTRATION
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A. Central Florida Foreign Trade Zone Board of Directors- The Board approved
ratifying Mr. Rudy Howard to the Central Fla. Foreign Trade Zone Board of
Directors.
B. Environmental Advisory Committee- The Board ratified the requested
appointments to the Environmental Advisory Committee.
ADDITIONS
CA-1 COMMUNITY DEVELOPMENT
The Board approved the Final Record Plat approval for Parcel 21 @ The Reserve
(Briarcliff) and authorized staff to complete the final processing of this Plat.
CA-2 UTILITIES
The Board approved the first Payment request to FPUA for the North County Districts
bulk interconnection with FPUA in the amount of $163,795 and also approved the
interfund loan from the General Fund Reserves to be repaid with interest at 2%.
CA-3
The Board approved the selection of Sun Trust Bank as the successful bidder for a $10
million line of credit to provide financing for the acquisition of land in St. Lucie County
for a new Research and Education Center and approved to have the County Administrator
sign the commitment letter.
6. COUNTY ATTORNEY
Landfill Gas- Memorandum of Understanding Between Tropicana Products, Inc., and St.
Lucie County- Consider staff recommendation to approve the MOU and authorize the
Chairman to sign the MOU.
It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff
recommendation and authorized the Chairman to sign the MOU; and, upon roll call
motion carried unanimously.
Recessed: 4:30 p.m.
REGULAR AGENDA
Re-Convened 6:00 p.m.
PUBLIC COMMENTS CONTINUED (Tape 2)
Mr. Bob Bangert, Holiday Pines, addressed the Board regarding the growth and
accommodating this growth, increases in density, and utilities.
Mr. Alex Brown, 13939 Indrio Road, addressed the Board in the timing of the growth and
the Regional Planning Commission’s plan.
Mr. John Arena, Ft. Pierce addressed the Board and read the “Did You Knows” from a
brochure.
The County Administrator advised the Board that Core Communities will be funding the
fee in its entirety for the Fairgrounds . Any additional funds received will be given to the
families of the migrant workers .
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5.A PUBLIC WORKS
Lebanon Road MSBU- Continuation of Initial Public Hearing Potable Water
Improvements FPUA- Consider staff recommendation to not approve Resolution No. 04-
065 creating the Lebanon Road M.S.B.U.
The M.S.B.U Coordinator addressed the Board and read a letter received from Kathleen
Humphrey stating her request to withdraw the petition in favor of the project.
It was moved by Com. Coward, seconded by Com. Bruhn, to approve staff
recommendation; and, upon roll call, motion carried unanimously.
5.B PUBLIC WORKS (2-1789)
Revels Lane 1 MSBU- Second Public Hearing to amend the Project Boundary and
approve a Preliminary Assessment Roll- Consider staff recommendation to adopt
Resolution No. 04-115 amending the project boundary and approve a revised preliminary
assessment roll for the Revels Lane 1 Municipal Services Benefit Unit.
It was moved by Com. Hutchinson, seconded by Com. Bruhn, to adopt Resolution No.
04-115; and, upon roll call, motion carried unanimously.
5.C COUNTY ATTORNEY (2-1920)
Petition for Abandonment- Abandon the Avenue C, West of Angle Road, a 25ft. platted
right of way, in Home Acres Unit 2 Resolution No. 04-118- Consider staff
recommendation to approve Resolution No. 04-118, Proof of Publication of the Notice of
Public Records of St. Lucie County, Florida.
Mr. Steve Tierney, attorney for the petitioner, advised the Board he was present to
answer any questions the Board may have.
It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff
recommendation; and, upon roll call, motion carried unanimously.
5.D COUNTY ATTORNEY (2-11065)
Consider Draft Ordinance 04-007 Amending the St. Lucie County Land Development
Code by Amending Section 1.13.01 to Provide for Clarification of Board Enforcement
Responsibilities; Deleting Section 11.13.03 Enforcement Procedure; and Amending
Section 11.13.04 Other Penalties and Remedies to Clarify the Initiation of Other
Enforcement Proceedings- Staff has no recommendation at this tine. This meeting is for
the purpose of public comments and testimony providing any direction to amend or
otherwise modify this draft ordinance. The second public hearing on this matter will be
held on April 20, 2004 or as soon thereafter as possible.
No action required.
5.E COUNTY ATTORNEY (2-11126)
Ordinance No. 04-016- Creating Section 7.10.24 Land Development Code, to Establish
Height Limitation- this is the first of two required public hearings on Ordinance No. 04-
016 and no specific action is required at this time.
Mr. Lloyd Bell, Port property owner addressed the Board and stated his formal objection
to any proposal to discriminate against the activities or intermodel method of utilization
of a modern Port.
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The Asst. County Attorney stated this would only take affect in the unincorporated areas
only.
Mr. Craig Munt, Hutchinson Island, addressed the Board in opposition to any type of
increase in container heights in the county.
No action required at this time.
5.F COMMUNITY DEVELOPMENT (2-11596)
Consider the application of Lucie Rock, LLC (Continued from March 16, 2004)
requesting a Change in Future Land Use Classification from RS to MXD-Orange Avenue
for 94.34 acres located on Rock Road, approximately .5 miles north of Orange Avenue,
on the southwest side of I-95- Consider staff recommendation to approve the transmittal
of Lucie Rock, LLC petition for a change in Future Land Use Classification from RS to
MXD Orange Avenue to the Florida Department of Community Affairs for review under
Chapter 163, Florida Statutes.
The Board members disclosed their discussions with the petitioner and the attorney with
the exception of Com. Barnes who was on vacation.
Mr. Bobby Klein, attorney for the petitioner addressed the Board and was available for
any questions.
Ms. Valentine Serman, President of the Homeowners Association of Timberlake Estates,
addressed the Board in opposition to this change in future land use.
Mr. Kline advised the Board that the sand pit Ms. Serman spoke of was not their property
and is not subject to this hearing.
Com. Hutchinson addressed the notification process.
The Community Development Director advised the Board of their process and how it has
been expanded.
Com. Coward stated he was not interested in any more billboards being placed in this
location and he wanted to make it clear for the PUD that he will not support any
billboards.
Mr. Kline stated there is an existing billboard and there is no ability under the county’s
rules to place a billboard anywhere on the property.
It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve staff
recommendation; and, upon roll call, motion carried unanimously.
5.G COMMUNITY DEVELOPMENT (2-12882)
Consider the Petition of Mark Pye to define a Class “A” Mobile Home as a detached
single family dwelling unity to be placed on 26.63 acres of land located at 8630 Carlton
Road in the AG-5 zoning district, Draft Resolution No. 04-023- Consider staff
recommendation to approve Draft Resolution No. 04-023 to define a Class A Mobile
Home as a Detached Single Family Dwelling Unit.
Mr. Phillip Stickles area resident addressed the Board in favor of this petition.
It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff
recommendation; and, upon roll call, motion carried unanimously.
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5.H COMMUNITY DEVELOPMENT (2-12700)
1.) Consider approving draft Ordinance 04-005 formerly Ord. 03-
025 creating a Countywide Law Enforcement Impact Fee-
Consider staff recommendation to approve Draft Ordinance
04-005 imposing a Countywide Law Enforcement Impact Fee.
If approved the fee will become effective July 1, 2004.
2.) Consider approving Interlocal Agreements between St. Lucie
County, the Town of St. Lucie Village, the City of Port St.
Lucie and the City of Ft. Pierce in regard to the collection of
Countywide Law Enforcement Impact Fee and authorize the
Chairman to sign the agreements.
Mr. Craig Munt, Hutchinson Island, addressed the Board in favor of this issue.
It was moved by Com. Bruhn, seconded by Com. Coward, to approve Ordinance 04-005;
and, upon roll call, motion carried unanimously.
Note: item 2 is not a public hearing but has been included in this part of the board agenda
for consolidation purposes.
It was moved by Com. Coward, seconded by Com. Barnes, to approve the Interlocal
Agreements; and, upon roll call, motion carried unanimously.
5.I COMMUNITY DEVELOPMENT
Consider transmittal of an amendment to the Future Land Use Map of the St. Lucie
County Comprehensive Plan to the Florida Department of Community Affairs for review
under Chapter 163, Florida Statutes. The amendment provides for a change in Future
Land Use Classification from RE to RU for 47.96 acres located in the northwest quadrant
of the intersection of Indrio Road and Emerson Avenue—Consider staff recommendation
to Deny the request of Glassman Holdings LLC for a change in Future Land Use
classification from RE to RU and extension of the Urban Service Area Boundary Line.
This item was postponed per the request of the petitioner.
5 J. COMMUNITY DEVELOPMENT (2-12954)
Consider Draft Resolution 04-078 approving the request of Reitano Enterprises, Inc., for
a change in zoning from the AG-1 zoning district to the CG zoning district for property
located on the east side of Koblegard Road, approximately 330 feet north of the
intersection of Indrio Road and Koblegard Road- Consider staff recommendation to
approve Draft Resolution No. 04-078.
Mr. Joe Fresha, agent for the petitioner addressed the Board and noted he was available
for any questions.
Ms. Susie Caron, Indrio Road resident, questioned if this request conforms with the
Charrette.
She was advised this was not the statement made and this was not a new re-zoning.
It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Resolution
No. 04-078; and, upon roll call, motion carried unanimously.
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5.K COMMUNITY DEVELOPMENT- (2-1349)
Consider application of BJK Inc., (continued from March 16, 2004 for a change in Future
Land Use Classification from RS to RU for 48.72 acres located on the south side of
Okeechobee Road (SR70 approximately ½ mile west of the Florida Turnpike - Consider
staff recommendation to approve the transmittal of the BJK Inc., petition for a change in
Future Land Use Classification.
All Board members disclosed their contact with the petitioner . Com. Coward also met
with the engineer.
Mr. Michael Houston, Houston, Cuozzo, representing the petitioner, addressed the Board
on this issue.
Ms. Pamela Hammer, The Reserve addressed the Board regarding giving increased
density and what the residents will receive. Her main concerns were the schools and the
impact it would have. She would like to see a number of acres given to the School
District as well as the Fire District.
Mr. Butch Terpening, Culpepper and Terpening, advised the Board of what the
developers have addressed concerning agreements sent to the respective Boards, i.e.
School Board and Fire District.
Ms. Ethel Sullivan, resident, addressed the Board regarding density in her area and asked
smaller lots be required which would decrease the density. She would like to see the area
kept as a greenbelt with smaller houses.
Mr. Paul Gagion, resident and adjacent property owner, expressed his support with the
development in his area .
Ms. Julie Orbin, Lakewood Park addressed the over crowding of schools and the
transporting of the children to schools which she felt was an accident waiting to happen.
Com. Hutchinson stated the BCC does not have jurisdiction as to where the School Board
decides to build their schools and in speaking with the School Board, they have advised
her that they do not want a school in that area.
Com. Coward stated there needs to be closer communication with both the developers
and the School Board regarding the schools and the impact the development will have on
the schools.
Com. Hutchinson would like for the public to understand that the BCC does not have the
authority to tell the School Board where to place the schools or how large to make them.
It was moved by Com. Barnes, seconded by Com. Bruhn, to approve staff
recommendation; and, upon roll call, motion carried unanimously.
5.L COMMUNITY DEVELOPMENT
BJK USB extension- Applicant submitted a letter withdrawing the request for
Amendment to the existing Urban Service Boundary Lines.
5.M PUBLIC WORKS( 3-1277)
Continuation of the request for Florida Rock Mine – North Plant (Ft. Pierce Quarry) to
increase their hours for crushing operations from 6:00 a.m – 6:00 p.m. to 4:00 a.m.- 12:00
a.m.- Consider staff recommendation to approve the increase in hours for crushing
operations under the existing permits subject to the listed special conditions.
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Com. Lewis advised the Board that she has received notification from the following
persons that they are not in favor of this project.
Mr. Brunklebank and Arthur and Monica Elliott .
Ms. Tracy Hayden, representing Florida Rock addressed the Board regarding the blasting
and the procedure for advising the residents of when the blasting would take place.
Mr. Jeff Straw, VP Gerysonics, addressed the Board regarding the noise and stated that
the noise measures well within the county’s established guidelines.
Mr. Kenny Smith, Plant Manager advised the Board the cost of bringing in another
crusher was too high.
Mr. Smith requested the times of the operation be adjusted to the following:
Monday thru Wednesday- 5:00 a.m.- 9:00 p.m.
Thursday and Friday – 6:00 a.m. – 6:00 p.m.
Saturday- 6 :00 a.m. to 3:00 p.m.
Com. Bruhn and Com. Coward advised those present of the crusher not being operable
when they visited the site.
Com. Lewis and Com. Hutchinson stated the crusher was operating when they visited.
Com. Lewis stated the noise was not intolerable.
Ms. Sara Worsham, attorney for the TC Airpark Homeowners Assn., addressed the Board
and stated this operation had an adverse impact in the community.
Com. Barnes stated he felt there was more of a noise impact from the private planes in
the area than the mine crusher.
Mr. Phillip Stickles, area resident advised the Board that more materials being taken out
would mean more trucks.
Mr. Jeff Kenworthy- Sky King Drive addressed the Board and read his letter into the
record requesting this petition be denied.
Mr. Rene St. June, area property owner stated the sound measurement taken was in the
daytime and this was not offensive, the evening is what he is more concerned about.
Mr. Al Weinberg, area resident, gave a history of the blasting and the actual impact.
Com. Coward stated he had met with Mr. Weinberg.
Mr. Darren Brown, 35 year area resident, stated his opposition to his petition.
Ms. Stacey Brown area resident addressed the Board regarding the blasting and stated her
opposition to the extended hours.
Ms. Elliott, TC Airpark resident addressed the Board in opposition to the extended hours
and operation and would like to keep the area quiet.
Ms. Diane Boswell, TC Airpark resident, addressed the Board and stated she would like
to keep the piece and quiet in her area for as long as possible.
Com. Barnes stated he would consider Mr. Smith’s proposal of the adjusted hours and it
be on a temporary trial period.
Com. Coward stated he was standing with the neighbors. This is a short term solution
and the pieces do not fit together.
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Com. Bruhn stated he had a difficult time extending the hours since he was not able to
hear the crusher operating.
It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve the request for
the adjusted hours as stated by Mr. Smith for the trial period of 6 months; and also
attempt to convert the diesel pump to electric pump also the breaking of the haulers will
be corrected and the crusher be below grade; and, upon roll call, the vote was as follows:
Aye’s: Hutchinson, Barnes, Lewis; Nay’s: Bruhn, Coward; motion carried by a vote of 3
to 2.
5.N. PUBLIC WORKS
Applicant has submitted a letter requesting this agenda item be pulled from the agenda. It
will be re-noticed and rescheduled for a future Board meeting. – Capron Trails Mine.
PHA-1 COUNTY ATTORNEY
Consider Draft Ordinance No. 04-018- Regulations for properties and facilities owned or
leased by St. Lucie County by regulating the areas available for golf activities,
prohibiting the distribution of park lands and correction of the Director’s title. Staff
recommends that the Board of County Commissioners approve Ordinance 04-018 and
authorize the Chairman to sign the ordinance.
It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve Ordinance No.
04-018; and, upon roll call, the vote was as follows: Nay: Bruhn; Aye’s: Coward,
Hutchinson, Barnes, Lewis; motion carried by a vote of 4 to 1.
There being no further business to be brought before the Board, the meeting was
adjourned.
______________________
Chairman
______________________
Clerk of Circuit Court
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