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HomeMy WebLinkAboutBOCC Minutes 08-03-2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 3, 2004 Convened: 6:00 p.m. Tape: 1-3 Adjourned: 10 35 p.m. Commissioners Present: Chairman, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Paul Hiott, Veterans Admin. Director, Mike Bowers, Utilities Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-023) It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the minutes of the meeting held July 27, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamation congratulating Forest Grove Middle School teacher, Kerri Ann Walukiewicz as Florida’s Teacher of the Year. It was moved by Com. Bruhn, seconded by Com. Coward, to approve the resolution; and, upon roll call, motion carried unanimously. B. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. Herbert Beach, White City resident, addressed the Board regarding the developing of Citrus and Seager roads. He expressed his concerns with the heavy trucks on the roadway and suggested the Board consider placing millings on the shoulder of roads. Ms. Suzie Caron, Indrio Road resident, addressed the Board regarding Emerson Estates and asked the Board to direct staff to investigate the property line. Mr. John Arena, Ft. Pierce resident, requested obtaining a copy of the water quality report of the dredge water going into the Indian River Lagoon from the Taylor Creek project. 4. CONSENT AGENDA (1-520) It was moved by Com. Coward, seconded by Com. Barnes, to approve the Consent Agenda with items C-5 pulled and C2A placed on the regular agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 46. 2. COUNTY ATTORNEY A. Moved to regular agenda B. Revocable License Agreement – IFAS University of Florida- Pruitt Research Center Road- The Board approved the Revocable License Agreement with the University of Florida, authorized the Chairman to execute the Revocable License Agreement and directed the University 1 of Florida to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 3. UTILITIES Equipment Request EQ04-269- for the Colorbar Gold Software Label Print System in the amount of $2,405.00 and Budget Amendment No. BA04-161- The Board approved EQ2269 and BA04-161. 4. MOSQUITO CONTROL Orlando/FSDO Congested Area Plan- Mosquito Control Aerial Adulticiding- The Board granted the Mosquito Control District to perform aerial adulticiding operations in the County as part of the Mosquito Control District’s arbovirus control effort and authorized the Chairperson or her designee to execute the letter of approval which will be transmitted to the Orlando/FSDO as part of the Mosquito Control District’s Congested Area Operations Plan. 5. PUBLIC WORKS This item was pulled. 6. INVESTMENT FOR THE FUTURE Approval of Low Bidder/Bid # 04-053/Spades Construction, Inc., renovation of old laundry facility at the Savannas Campground- The Board approved the low bidder, Spades Construction, Bid No. 04-053 for the conversion to laundry facility in the amount of $46,666.00 at the Savannas Campground and authorized the Chair to sign the contract as prepared by the County Attorney. 7. PUBLIC SAFETY The Board accepted the CERT Grant and authorized the Chair to sign the grant agreement, approved Budget Resolution # 04-202 recognizing the grant funds, and signed the Inter Local Agreement between St. Lucie County, the St. Lucie County Sheriff’s Department, and the St. Lucie County Fire District. 8. GROWTH MANAGEMENT A. Funding request from EDC- The Board approved the TDC’s recommendation that the County partner with the Treasure Coast Sports Commission and provide a $5,000 grant from the TCSC and no funding directly from the County. The signs and banners at the event will read St. Lucie County and TCSC as sponsors. C. Request acceptance and approval of RFP # 04-064- St. Lucie County’s Research and Education Park needs assessment – The Board approved allocating $54,000 from the Economic Development Professional Services’ budget and enter into a contract with the Chesapeake Group, Inc., to perform a needs assessment for the Research and Education Park RFP # 04-064. 9. ADMINISTRATION A. Request the Board rescind the Board approval to fund the Florida Association of Counties special assessment of $12,412 for the second Homestead Exemption- The Board approved not funding the Florida Association of Counties special assessment of $12,412. B. St. Lucie County Cultural Affairs Council Board reappointments- The Board ratified the at large reappointments of Anita Prentice and Bill Braun to the Cultural Affairs Council retroactive to December 1, 2003. 2 REGULAR AGENDA PUBLIC HEARINGS 5.A COUNTY ATTORNEY (1-560) Ordinance No. 04-026- Alternative Method of Collecting Fees for the Collection of Solid Waste - Consider staff recommendation to adopt Ordinance No. 04-026 as drafted. Mr. Dan Anderson, CDM gave a brief presentation on the tax bill assessment and the savings achieved with this method. Ms. Pamela Hammer, Reserve resident, questioned who will be paying the bad debt should someone not pay their taxes. Mr. Paul Scholl, St. Lucie County resident, addressed the Board in favor of the assessment roll method. Com. Hutchinson requested information be brought back to the Board on the annexed areas and how the bills will be adjusted. Mr. Herbert Beach, White City resident addressed the Board and stated he would prefer to deal with the haulers himself. Mr. Jim Smith, 1103 Indian River Drive resident, addressed the Board and expressed his concerns with the homeowner not being able to resolve a problem with the hauler should they provide poor service. It was moved by Com. Barnes, seconded by Com. Coward, to approve Ordinance No. 04- 026; and, upon roll call, motion carried unanimously. 2-A Resolution No. 04-201 Initial Assessment Resolution Solid Waste- Consider staff recommendation to adopt Resolution No. 04-201 as drafted and grant permission to advertise a public hearing on September 7, 2004 at 6:00 p.m. or as soon thereafter as may be heard. The County Attorney advised the Board of the following revisions to the Resolution. rd Page 7, the definition of residential property, fourth line, delete RMH-5; Page 15 3 line from the top, he felt it was more appropriate to identify the annual assessment which would be $170.88; appendix B , B-1 the numbers $166.08 should be changed to $170.88 both; also the map of the county service boundary has been revised. It was moved by Com. Barnes, seconded by Com. Coward, to approved Resolution No. 04-201 as amended; and, upon roll call, motion carried unanimously. 5-F. GROWTH MANAGEMENT (1-1633) Draft Ordinance No. 04-021 Amending Section 7.10.21 of the St. Lucie County Land st Development Code Supplemental Standards Off Road Vehicle Park – 1 of two scheduled public hearing, no official decision will be made on this ordinance tonight. Com. Hutchinson advised those present of the definition of “A Conditional Use”- the Board has the authority to add restrictions or takeaway. Com. Coward stated he was disturbed by broader discussion of where this should be placed. The first time this issue was raised he had asked for clarification as to how they are proceeding. He had asked Com. Barnes if he intention was to proceed with a zoning a land use related issue and he replied “absolutely not”. Here we are today not having any background information, no study and no site selection and are being asked to do a change to the zoning ordinance. He has concerns that they are attempting to move 3 forward on a specific site before having the broad discussion as to where may be the best place to locate this that will not have a detrimental affect on neighbors or the golf course. He asked that between now and the next time this issue is heard he receive all the necessary information including alternate sites. Com. Barnes advised the Board that he has had meetings with the committee and they have reviewed areas and felt that the most appropriate area would be the airport due to the fact that 100 acres of land is very expensive and this land is already public property and has considerable noise already due to the planes at the airport. He stated the motors of these bikes do not make as much noise as the planes, the traffic on U.S. 1 and the parallel runway that will be built in the future. Com. Coward stated he has not received any information from this committee relative the meetings held and this information should be shared by the Board before being asked to vote on an issue. PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the vapors from the mixture of oil and gas in these vehicles. Mr. John Bradlow, Port St. Lucie addressed the previous comment and asked this be compared to being by a jet liner. Mr. Arena defended his comment. Ms. Claire Igar, Lakewood Park addressed the Board in opposition to this idea due to the dangers of an ATV which have been broadcasted on TV and how they are moving to ban them. Ms. Julie Orbin, requested a master plan for the airport area be completed. Mr. Bob Bangert, Holiday Pines resident requested the park not be placed within the urban service area. The following residents addressed the Board in favor of this issue. Mr. Paul Scholl, Port St. Lucie. Mr. Sean Webb, Ft. Pierce Mr. Bill Furst, Holiday Pines, does not object to an ATV park , but, would prefer it not be located at the airport due to additional noise it would bring to his development. Mr. Dave Jackson, St. Lucie Blvd. Mr. Michael Summner, St. Lucie County resident. Mr. John (unintelligible last name) , Port St. Lucie resident Mr. Kirk Hadley, Vero Beach resident Ms. Kim (unintelligible last name), Florida Trail Riders Assoc. member. Mr. Fletcher, St. Lucie County resident Mr. Tony Emitrie- motorbike dealer Mr. Richard Burtino, Stuart resident 4 Mr. James Quensier, Indian River County Mr. Jack Terrell, Land Use Chairman for Florida Trail Riders . Mr. George Edwards (no address given). Mr. James Griffith, Port St. Lucie Mr. Bud Evans, Port St. Lucie Mr. Jim Smith, (no address given) Ms. Nina Martin, (no address given) Ms. Stacey Prescott, (no address given) Mr. Paul Berg, (no address given) Mr. Frank Vertani, West Palm Beach resident Don Hinkle, St. Lucie County resident Mr. Warren Stufey, Stuart resident Mr. Rodney Meeks, Vero Beach resident Mr. Harold MacArthur, Hobe Sound resident Mr. Michael Stickey, (no address given) Mr. Paul Lane, Jupiter resident Mr. Tim Foley, North Palm Beach resident Com. Coward stated he wished they could come up with a long term goal and solution and would like the county’s grant writers piece together a variety of different funding sources to see if they can find another location away from residential and urban areas and come up with a long term solution for those enthusiasts to accommodate large events. Com. Barnes commented on the price per acre of land and that there would always be someone to complain about it being to close to a residential area. He felt they need to satisfy the need short term and then work on finding another area. Com. Coward suggested looking at other areas and finding alternative ways of funding. Com. Barnes stated if 1,000 acre parcel can be found with no residential areas and there being a road near it, then it may be considered however, he does not believe such a parcel exists. Mr. Randy Duley asked what are they here for tonight, and his understanding that they are asking to change variance on several pieces of property and this is the issue tonight, and they need to concentrate on approving the variance before it goes any further. The County Attorney addressed the procedure and stated the ordinance would need to be sent to the Secretary of State first and filed and this is when it would be effective, the st conditional use hearing would be after September 21. Also the conditional use would need to go before the P& Z Commission for a review, this could be potentially done in early September. Com. Coward asked all the necessary material be in his hands before he is asked to vote on this issue and stated not to ask him to vote on something that is not agendad. 5 ndth Com. Barnes asked if we could have the 2 hearing September 7 and then have the conditional use hearing on October 5, 2004. Mrs. Pamela Hammer advised the Board of the fact that the September P & Z meeting will last quite some time due to the Carlton Mine issue and asked the Board to take this into consideration. Com. Barnes suggested the P & Z have a special meeting in order to bring this issue back on October 5, 2004. Com. Barnes stated if there are 3 votes on September 7, 2004 the second hearing on this ordinance, then the airport is legal and then the P & Z can hear it between September 7 and October 5, 2004. Staff stated they would make the request of P & Z to schedule a special meeting. Com. Barnes requested this item be placed on the P & Z agenda. Staff stated they would initiate the conditional use application if so directed by the Board, and if DRC does not take an extended amount of time to get it through, they will schedule th it to be heard on September 17 or request a special meeting with the intent of bringing the conditional use to the Board on October 5, 2004. Com. Hutchinson stated she would vote in favor of this request with the understanding that staff will have every question presented available for review. It was moved by Com. Barnes seconded by Com. Bruhn, to direct staff to initiate the conditional use application for the airport property and return to the Board on October 5, 2004; and, upon roll call, motion carried unanimously. 5.B- GROWTH MANAGEMENT (2-3370) Lennar Homes Inc.,- Thomas Lucido & Associates requested that the Board of County Commissioners table their zoning request. Growth Management will re-advertise and re- notice the surrounding residents about the petition. Com. Coward questioned why this was being tabled. The Planning Manager stated the site plan would not available so they asked for it to be tabled. Com. Coward voiced concerns about pulling items from an agenda and not being able to advise those who came to hear the petition when it would be re-scheduled. He stated the site plan is not a part of the re-zoning request and it does not make sense to table this item. Com. Barnes concurred with Com. Coward and stated the item should be rescheduled for a definite date or be considered withdrawn. It was moved by Com. Barnes, seconded by Com. Bruhn, to continue this public hearing on August 17, 2004 at 6:00 p.m. or as soon as it may be heard; and, upon roll call, motion carried unanimously. Mr. Bill Hearn, St. Lucie County, and member of the P & Z Board advised the Board that twice tonight no one announced the results as to how the P & Z voted on a particular issue. He believes the Board recommended denial of the petition. He stated his opinion was that he did not feel comfortable going from an expired PUD to a re zoning for a density that was allowed prior to the PUD being put in place. He believes the Board voted to deny this issue as well as the ATV land rezoning issue. 6 5.E GROWTH MANAGEMENT ( 3-0282) Petition of Angela Winton to define a Class “A” Mobile Home as a detached single family dwelling unit – Consider staff recommendation to approve Resolution No.04-098. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve Resolution No. 04- 098; and, upon roll call, motion carried unanimously. 5. C. GROWTH MANAGEMENT (3-0333) Consider Draft Resolution No. 04-092 granting a change in zoning from IL to the CG zoning district. Mr. Bob Regal addressed the Board in favor. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 04- 092; and, upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (3-381) Consider Draft Resolution No. 04-093 granting a change in zoning from AG-1 to RS-4 zoning district for property located on the west side of Keen Road. Mr. Dan Harrell, attorney for the petitioner, addressed the Board on this issue. The Planning Manager advised the Board that this project would be outside the Charrette area. Com. Coward questioned how they can put into the approval process the stipulation that the oak hammocks are preserved and not bulldozed later. Com. Barnes asked if they would give a conservation easement if they were to be approved tonight. Mr. Harrell stated this would be a request he would need to discuss with his client. The County Attorney stated they Board cannot make this request a condition, however if the applicant were interested in preserving it anyway, doing this would eliminate the issue. Mr. Harrell stated he was not what assurance outside of the four corners of the ordinance they would be able to give. Com. Barnes stated he felt it was an inconsistent with the surrounding development for the area and expressed his concerns with it setting the standards for whatever comes into the area. Without a PUD he does not like it at all. Mr. Harrell explained why the applicant did not pursue the PUD process . Ms. Sherry Goodner, Realtor for the sellers, addressed the Board and stated it was her responsibility to give her clients the highest and best use and also top value for their property. She had taken the county’s information to the sellers and has told the developers what they can do and if the county has decided to change anything they need to advise everyone of the change. Com. Barnes stated it was not the landowners or the buyers who has an interest, it’s the whole community and if they were to be surrounded by what you are requesting then there would not be a problem, however, when you’re doing something new, he would rather see a PUD because it’s gives everyone assurance what will be done. 7 Mr. Joe Stevens, area resident, addressed the Board with his concerns on density . Mr. Harrell stated that in speaking with the applicants, they are willing to defer this issue for 2 weeks in order to addressed Com. Coward and Com. Barnes’ issues and concerns. He also asked that if you do not wish to see these types applications, please change the rules. It was moved by Com. Barnes, seconded by Com. Bruhn to continue this item on August 17, 2004 at 6:00 p.m. or as soon as it may be heard; and, upon roll call, motion carried unanimously. 6. ADMINISTRATION (3-1960) Children’s Services Council- Consider staff recommendation to select the three nominees for submission to the Office I of the Governor for consideration for the Children’s Services Council appointments. It was moved by Com. Coward, seconded by Com. Barnes, to approve the three nominees for submission; and, upon roll call, motion carried unanimously. 7. ADMINISTRATION (3-1962) St. Lucie County Cultural Affairs Council Board Vacancy- Upon tally of the vote Mr. William Ward was appointed to this Board by a vote of 3 to 2. RA-1 ADMINISTRATION (3-2035) Appointment of a member of the BCC to serve on the County Canvassing Board for the Primary and General Elections as provided by law. It was moved by Com. Bruhn, seconded by Com. Barnes, to appoint Com. Hutchinson as the primary and Com. Coward as the alternate; and, upon roll call, motion carried unanimously. Com. Hutchinson commented on the Board not receiving information from staff and she is not sure if it is the Board not giving clear direction or staff not understanding. She also commented on the TDR program and why it has not moved forward and reminded staff they had requested information be brought forward on how this program can be put together and the best way to implement it. There not being any further business to be brought before the Board, the meeting was adjourned. _______________________ Chairman _______________________ Clerk of Circuit Court 8 9