HomeMy WebLinkAboutBOCC Minutes 12-07-2004
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: December 7, 2004 Convened: 6:00 p.m.
Tape: 1-5 Adjourned: 12:30 a.m.
Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug
Coward, Chris Craft, Joe Smith
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Randy Stevenson, Asst. Growth Management Manager, Don West, Public
Works Director, Jim David, Mosquito Control Director, Roger Shinn, Central Services
Director, Ed Parker, Purchasing Director, Beth Ryder, Community Services Director,
David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES (1-029)
It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the
meeting held November 23, 2004; and, upon roll call, motion carried unanimously.
2. PROCLAMATIONS PRESENTATIONS
A. Resolution No. 04-385 – Proclaiming December 1, 2004 as “AIDS
DAY” in St. Lucie County, Florida.
It was moved by Com. Smith, seconded by Com. Cwoard, to approve Resolution No. 04-
385, and; upon roll call, motion carried unanimously.
B. Presentation by Water Stone/Emerson Estates- discussion on this item
was held after the approval of the Consent Agenda.
C. The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS (1-621)
Ms. Shelby Harrell, 610 Emerald Avenue, addressed the Board regarding the need to
repair Elks Park and various recreation areas in the County.
Mr. Paul Julian, Parks Manager, addressed Ms. Harrell’s concerns and advised her that
due to the influx of construction in the county and availability of material he was not sure
when the re-construction of the damaged parks would be completed.
Mr. Kevin Stinette, 10303 S. Indian River Drive, addressed the Board regarding the
shoreline restoration. He expressed his concerns with the vegetation phase funding.
The County Administrator advised Mr. Stinette the County was applying for various
grants to assist in the funding of Phase 2 which is the vegetation portion of the project.
Mr. John Arena, area resident, addressed the Board regarding the level of water in the
Lagoon during the Hurricanes.
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4. CONSENT AGENDA (1-625)
It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda
with item C3A pulled, and; upon roll call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 9 and 10.
2. COUNTY ATTORNEY
A. Subdivision Improvement Agreement with NGG Point LLC- Las
Palmas Subdivision- The Board approved the Subdivision
Improvement Agreement and authorized the Chairman to sign the
Agreement.
B. Resolution No. 04-375 Extending the State of Emergency for
Hurricane Frances and Resolution No. 04-376 Extending the State of
Emergency for Hurricane Jeanne- The Board approved Resolution
Nos. 04-375 and 04-376.
C. Ocean Bay Villas- Permanent Easement for Stormwater Drainage
Connection to Mosquito Control Impoundment No. 9- The Board
approved the proposed Permanent Easement with Pukka Development
Inc., and authorized the Chairman to execute the Permanent Easement.
D. Permission to Acknowledge Receipt and Acceptance of Subgrant
Award- Fla. Dept. of Law Enforcement, Office of Domestic
Preparedness Homeland Security Grant Program Law Enforcement
Terrorism Prevention Grant- The Board approved accepting the grant
award and authorized the Chairperson to sign the certification of
acceptance of subgrant award.
3. PURCHASING
A. Bid # 04-099- South Hutchinson Island Water Reclamation Facility
Repair and Painting- This item was pulled.
B. Approval of Bid Waiver and Ratification of Emergency Purchases
from Hurricane Frances/Jeanne - The Board approved 1) ratification
of County Administrator’s order effective September 3, 2004 at 5:00
p.m. and September 24, 2004 at 9:00 a.m. 2) approved the waiver of
sealed bids as a result of the declared emergency 3) ratification of the
County Administrator’s approval of the list of emergency purchase
orders, and authorized the Chairman to sign contracts as prepared by
the County Attorney.
C. Permission to Terminate Contract # C04-01-030 with Biomass
Processing Technology Inc., and permission to advertise a new request
for proposal for processing/recycling services for yard waste- The
Board approved the request to terminate Contract # C04-04-030 with
Biomass and granted permission to advertise a new request for
proposals for processing/recycling services yard waste.
D. Bid # 04-074 Grinding/Mulching of Downed Trees at the St. Lucie
County Airport-Reject all Bids- The Board approved rejecting all bids
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for Bid # 04-074 Grinding/Mulching of Downed Trees at the St. Lucie
County Airport.
E. Permission to advertise an Invitation for Bid (IFB) for Construction of
the Clerk of Court Office Building - The Board approved advertising
an Invitation for Bid for construction of the Clerk of Court Office
building.
4. PUBLIC WORKS
A. Approval of Continuing Contract with Dredging and Marine
Consultants for Professional Engineering Services for Dredging
Projects- The Board approved the Continuing Services Contract with
Dredging and Marine Consultants for Professional Engineering
Services related to Dredging Projects and authorized the Chairman to
sign.
B. Taylor Creek/C25 Dredging Restoration Project- Approval of Work
Authorization 1 with Dredging and Marine Consultants for phase 2
Permitting- The Board approved Work Authorization No. 1 in the
amount of $176,790. for engineering services related to Phase 2 Taylor
Creek Dredging .
5. ADMINISTRATION
Employee Appreciation for work performed during and after Hurricanes Frances and
Jeanne- The Board approved that all BCC employees as of September 30, 2004 receive a
½ day floating day (4 Hrs.) in appreciation of their work during and after the hurricanes
to be taken by September 30, 2005.
6. GRANTS
Request authorization to submit an Emergency Watershed Protection Program grant
application to the USDA Natural Resources Conservation Service for funding in the
amount of $3,295,000. for the benefit of landowners along Indian River Drive and to be
used for the provision and installation of native vegetation to establish cover, slow run-
off , prevention erosion and protect the river bank- The Board authorized the submittal of
this Emergency Watershed Protection Program grant application.
7. CENTRAL SERVICES
A. Approval of Budget Amendment # 05-108- Purchase of office
furniture for Walton Road Annex- The Board approved Budget
Amendment # BA05-108 in the amount of $170,000 and purchase of
office furniture from Allsteel Office Furniture, HON Office Furniture
through Office Products & Services, State Contract No. 425-001-01-1
Walton Road Annex.
B. Contract Change Order No. 7 to Contract No. C03-06-452-
Administration Building Addition/Barth Construction Inc.,- The
Board approved Change Order No. 7 to C03-06-452 Barth
Construction to increase the contract sum in the amount of $4,828.00
for the purchase and installation of vertical blinds and repainting the
exterior of the new addition and authorized the Chairman to sign the
Contract Change Order as prepared by the County Attorney.
C. Change Order No. 1 to Contract No. C04-04323 Centex Rooney
Schenkel Shultz Design Builders, L.C. Rock Road Jail Expansion
Project- The Board approved Change Order No. 1 to C04-04-323
Centex Rooney Schenkel Shultz, L.C. to increase the contract time an
additional seven weeks for substantial completion dates of July 14,
2005 for Building # 1 and August 22, 2005 for Building # 2 and
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authorized the Chairman to sign the Contract Change Order as
prepared by the County Attorney.
D. Approval of Budget Amendment No. BA05-109- Purchase and
installation of carpeting for the Commissioners office at Roger Poitras
Building- The Board approved BA05-109 in the amount of $11,270
for the purchase and installation of carpet from PATCRAFT
Commercial Carpet State contract No. 360-240-001.
8. COMMUNITY SERVICES
A. Approval of Budget Resolution No. 04-378 in the amount of $117,000
for the implementation of the Rural Transit Capital Grant to purchase
one bus- The Board approved Budget Resolution No. 04-378.
B. Approval of Budget Resolution No. 04-379 in the amount of $135,496
for the Florida Commission for the Transportation Disadvantaged
Medicaid Non-Emergency Transportation Program- The Board
approved Budget Resolution No. 04-379.
C. Approval of Budget Resolution No. 04-380 in the amount of $50,000
for the SFWMD Grant for funds to retrofit plumbing in low-income
homes consistent with the Community SHIP Program- The Board
approved Budget Resolution No. 04-380.
D. Approval of Budget Resolution No. 04-381 allocation in the amount of
$154,420 for the Service Development Grant from the State of Florida
Dept. of Transportation- The Board approved Budget Resolution No.
04-381.
E. Approval of Budget Resolution No. 04-382 to allocate budget in the
amount of $750,000 for the approved grant with the Dept. of
Community Affairs to provide rehabilitation of homes- The Board
approved Budget Resolution No. 04-382.
F. Approval of Budget Resolution No. 04-383 in the amount of $21,328
for Community Services Block Grant extension- The Board approved
Budget Resolution No. 04-383.
G.
Approval of Budget Resolution No. 04-377- allocating the donation
from Dr. and Mrs. Arthur Saus in the amount of $11,250. to be used
for the holidays for low income children and families- The Board
approved Budget Resolution No. 04-377.
H. Approval of FY 2004/05 Agreement with New Horizons of the TC for
Mental Health and Substance Abuse Treatment services match of
$648,010. for the Dept. of Children and Families contract- The Board
approved the proposed agreement with New Horizons and authorized
the Chairman to sign the agreement.
9. SHERIFF
Request Permission to accept a Florida Dept. of Law Enforcement, Office of Domestic
Preparedness Homeland Security Grant Program- Law Enforcement Terrorism
Prevention Grant- The Board accepted the grant award and authorized the Chairperson to
sign the Certificate of Acceptance of the Sub-grant Award.
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10. PARKS AND RECREATION
Equestrian Arena Distribution Panel- The Board approved the installation of new 400
amp three phase 120/208 volt panel to power the arena at a cost of $5,355.00.
11. GROWTH MANAGEMENT
A. Request of James Kirby, for final plat approval for the project to be
known as Jamies Acres Subdivision, - This project is located on the
west side of Graves Road, approximately ¼ mile north of Orange
Avenue in the AG-5 zoning district- The project consists of three
residential lots- The Board approved the final plat of Twin Acres S/D
and authorized its final execution.
B. Request of James Kirby, for final plat approval for the project to be
known as Twin Acres Subdivision, this project is located on the east
side of Header Canal Road, approximately ¼ mile north of Orange
Avenue in the AG-5 zoning district- this project consist of three
residential lots- The Board approved the final plat of Twin Acres S/D
and authorized its final execution.
12. INVESTMENT FOR THE FUTURE
A. Engineering Division- Accept the project, release the retainage in the
amount of $3,803 and make final payment in the amount of $3,803 to
Sieg & Sons, Inc., for the Juanita Avenue over Taylor Creek Bridge
Repair project. The Board accepted the project, released the retainage
in the amount of $3,803 and make final payment to the Contractor
Sieg & Sons, Inc., in the amount of $3,803 for the Juanita Avenue over
Taylor Creek Bridge Repair project.
B. Central Services- Work Authorization/Sims Wilkerson Engineering
Inc., # C03-02-222- Replacement of air conditioning systems for
Roger Poitras Building, Administration Building and Civic Center-
The Board approved the request to use available IFF funds budgeted
FY 04-05 in the amount of $55,000 and a work authorization in the
amount of $155,000 with Sims Wilkerson Engineering Inc., contract #
C03-02-222 to provide engineering services for replacement of the air
conditioning system at Roger Poitras Building, Administration
Building and Civic Center, and authorized the Chairman to sign the
work authorization as prepared by the County Attorney.
2B WATERSTONE/EMERSON ESTATES
An update on this project was given by the developer’s representative.
Mr. Michael Houston, Houston/Cuozzo addressed the buffering issues.
Ms. Susie Caron, 8500 Indrio Road resident, addressed the Board in opposition to the
density of the project and felt it was not compatible with the surrounding land uses.
Mr. Dominick Scotto, 8600 Indrio Road, addressed the Board in opposition to the way it
is being developed and felt it was too close to the existing residents.
Mr. Frank Stewart, 5001 E. Seminole Road, addressed the Board in opposition to how the
developer has made the project visible from their home when they were told there would
be an adequate buffer. The project is 110 feet away from the property line .
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Mr. Maycumber, Indrio Roard resident, addressed the Board in opposition to the density
of the project.
Mr. Charles Grande, member of the Planning and Zoning Board, addressed the Board and
asked them to consider this project very closely.
Ms. Nadine Stewart, 5001 E. Seminole Road, addressed the Board and presented picture
for their perusal. The pictures demonstrated how many trees had been taken away
making the project visible from her home.
Ms. Stewart read chapter 1 general provisions of site plan and stated she felt the
developer deceived the residents.
Ms. Julie Orbin, Lakewood Park resident, addressed the drainage and flooding in the
area.
Com. Craft questioned if it was customary to show a buffer using the furthest point as
opposed to the closest point.
Mr. Houston stated they show both of them so there is no question. He also advised the
Board the project met the standards of the project and met the buffer. The project
exceeds the conditions of approval which is 1 tree per 30 feet.
Com. Coward stated he felt as if they made a mistake with this project. He toured the site
and found that it was 120 feet and not 172 feet as previously indicated. He felt they have
not met the standards and recognizing the fact that what was presented to the Board and
approved by the majority which turned out not to be true, he asked if they had the ability
to go back and address those denser compatibility issues of those units being close to
single family homes.
The County Attorney stated the Board does not have the ability to rescind the resolution
and change the density and address compatibility. But, does think the Board has the
ability to enforce the existing plan if it is not being complied with through Code
Enforcement or through Judicial means or possibly modify the conditions to achieve the
original intent if the Board finds inaccuracies or misrepresentations.
The Board has the ability to address the complaints, but not go back to the beginning.
Com. Coward addressed the continued violations in the hours of operation. He felt in his
view that they should issue a stop work order immediately and do a redesign work effort
while the issue is before the Code Enforcement Board.
Com. Smith asked if the homes were rentals.
Mr. Houston stated they would not be rentals.
Com. Smith asked for the definition of a townhome.
Mr. Houston addressed the question and stated the definition is mainly homes having a
common wall. These homes are one story as opposed to the usual definition of a two
story. These may be called villas. The term is more for marketing purposes.
Com. Smith stated the term townhouse presented a problem to him due to the fact the
structures are one story and not two stories as normally defined. He also commented on
the density issue and asked why the higher density homes were not moved to the park
area.
Mr. Houston stated more than half of the south boundary is single family. The lots in
question are not near the size of the single family lots. The idea was to transition in the
future from the north to the south, higher to lower. The adjacent uses of the single family
homes they are able to use the clustering of the townhouses to create open spaces.
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Mr. Cuozzo stated there have been some problems and he is not happy to hear the
contractor is causing the problem and they need to find out why this is happening and put
a stop to it.
Com. Hutchinson addressed the harassment from the construction company towards the
residents of the area. She requested a time certain and not a “we’ll make it better”.
Com. Hutchinson questioned how the plan may be modified.
The County Attorney stated the plan may be modified through conditions, entering into
an improvement agreement requiring the developer do certain things specified within a
time period, impost a bond to have some level of security.
The Assistant County Administrator advised the Board of the report given by Code
Enforcement regarding the equipment being utilized on a Sunday. Code Enforcement did
not see the equipment being utilized. However, Com. Craft had visited the site on
Sunday and the equipment was operating.
Com. Coward stated there are more Code Enforcement violations to consider especially
since the equipment was operating past the approved hours of operation the prior
evening.
Mr. Evans, new developer, addressed the violations and stated they had met with the
contractor and advised them of the violations and that they are not to continue. He will
find out what the problem was and return to the Board with an answer as to why they
were at the site at 10:00 p.m. when they were previously advised this was not to happen.
Com. Coward stated the promises have come to deaf ears as far as he is concerned
especially since another violation was committed the prior evening.
Mr. Evans commented on the timeline and stated they would give the Board a specific
timeline and would be happy to meet with the residents and the Commissioners. They
are looking to relocate the waterline maybe relocate the force main which would give
them an area of 40 feet for a straight buffer and increase the height of the berm which is
what he believes the residents want. They can come back within two weeks with this
done and provide a plan and in the meantime are not doing any work in the area or
property line to not disturb it any further.
Mr. Evans stated a plan can be available in two weeks, however construction cannot
begin until possibly January or February.
Com. Lewis stated she too has had many conversations with the residents throughout the
year as well as the Code Enforcement department. She recalled the prior approval of the
project and what she is seeing is not what was presented. This project was approved
under the impression there would be a lot of space between the residents and the project.
Com. Hutchinson asked if the developer could give the Board a time certain as to when
they can meet with the residents.
Mr. Evans stated they would get with the residents after the meeting to set up a meeting
date.
Com. Coward stated he is pleased to hear this developer is willing to work with the
Board, however, the independent contractor hired as violated the code and hours of
operation.
It was moved by Com. Coward, seconded by Com. Craft, to issue a Stop Work Order
immediately and have this item re-agendad for two weeks in order to receive a plan from
the developer at that time, in the interim the Board will initiate the Code Enforcement
action; and, upon roll call, motion carried unanimously.
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REGULAR AGENDA
5.A COUNTY ATTORNEY (2-803)
Consider Draft Ordinance No. 04-034- Amending the St. Lucie County Land
Development Code by creating Section 13.21.00 (Mobile Home placement and re-siting
in applicable wind zones)- No action required at this time. Public comments to be
accepted and providing any direction to amend or otherwise modify this draft ordinance.
The second public hearing will be heard on December 21, 2004 or as soon thereafter as
possible.
Ms. Shirley Burlingham, Ocean Resorts, addressed the Board and requested they consider
this be tabled.
The Code Enforcement Manager addressed the problems the county has been having with
sub standard trailers being brought into the county. The ordinance will not affect
Hutchinson Island since they are in a Class D wind zone area.
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The County Attorney suggested staff schedule a meeting between now and the 21 of
December, preferably on either the 15, 16 or 17th in order to address the concerns.
Staff was directed to schedule the meeting.
No action required.
5.B COUNTY ATTORNEY (2-1379)
Consider Draft Ordinance No. 04-033- Amending the St. Lucie County Land
Development Code by Amending Section 3.01.03 K to include single family detached
dwellings in residential, mobile home –5 zoning districts – Consider staff
recommendation to approve Ordinance 04-33 and authorized the Chairman to sign the
ordinance.
Ms. Vicky Mills, addressed the Board in favor of this ordinance.
Ms. Jean Brennan, Green Acres Subdivision, addressed the Board in favor of the
ordinance.
Ms. Brennan questioned the zoning of light industrial in her area and advised the Board
she did not agree with this zoning.
Staff was directed to investigate the zoning.
It was moved by Com. Coward, seconded by Com. Craft to approve Ordinance No. 04-
033, and; upon roll call, motion carried unanimously.
5.C GROWTH MANAGEMENT (2-1664)
Consider the Petition of Frank and Nadine Stewart to define a Class “A” Mobile Home as
a detached single family dwelling unit to be placed on 13.44 acres of land located at 5001
East Seminole Road in the AG-1 zoning district- Draft Resolution No. 04-223- Applicant
has requested this item be withdrawn.
It was moved by Com. Lewis, seconded by Com. Coward, to accept the withdrawl of this
application, and; upon roll call, motion carried unanimously.
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5.D GROWTH MANAGEMENT (2-1824)
Consider Draft Resolution 04-224 approving the request of Dickerson Florida, Inc., for a
Conditional Use Permit and Major Site Plan approval to allow for a limerock mining
operation to be known as Dickerson Carlton Road Mine.
The Planning Manger addressed this issue and advised the Board the Planning and
Zoning Commission voted to deny this petition by a vote of 5 to 3. The area in questions
is surrounded by AG-5 zoning and there are residential agricultural uses in the area.
Mr. Eugene O’Neal, representing Dickerson, Florida, addressed the Board.
Mr. Tom McVicker, Dickerson, Florida commented on the de-watering which is
regulated by the South Florida Water Management District.
Dr. Merrill Dimbat, addressed the economic signifigance of the project.
Mr. Phil Sitckles, 10800 Carlton Road, addressed the Board in opposition and stated the
parcel does not fit within the St. Lucie County Land Development Code, Section
11.05.11(E) goal 1.1 of the SLC Comp Plan.
Mr. William Taylor, 9350 Carlton Road, addressed the Board in opposition to the project
due to the condition of the road and the fact that many residents ride horses in the area.
Mr. James Morgan, 19500 Glades Cut Off, addressed the Board in opposition to the
project. He addressed his concerns with property values and the dust from the project.
Ms. Jane Morgan, 19500 Glades Cut Off, addressed the Board in opposition and
presented the “Terra Green” report commenting on the respiratory disease known as
“Silicosis”.
Ms. Debbie Sherrod, 21100 Glades Cut Off , addressed the Board in opposition.
Mr. Don Cannon, 21660 Glades Cut Off, addressed the Board in opposition.
Mr. Charles French, 351 S.E. Butler Avenue, Port St. Lucie, addressed the Board in favor
of the project.
Mr. Richard Aber, 10800 Carlton Road, addressed the Board in opposition and advised
the Board that Tropicana is doing a study concerning the affects of a mine in a citrus
grove.
Mr. Don Santos, Treasure Coast Builders, addressed the Board in favor of the project due
to the shortage of concrete in the area and the product being utilized by the construction
industry.
Ms. Nelly Spengler, 11440 Carlton Road, made presentation on the affects of mining.
Mr. Richard Schoen, 9338 Carlton Road, addressed the Board in opposition to the project
and expressed his concern with the salt water intrusion.
Ms. Kathy Schoen, 9338 Carlton Road, expressed her concerns with the cumulative
affects long term.
Mr. Phil Strazulla, 4102 Sabal Palm Drive, addressed the Board in favor of the project.
He stated he has a mine in his backyard and has not had a problem.
Mr. Larry Dale, Dickerson, advised the Board Dickerson Florida has met with the
residents and have put forth a great deal of effort on the concerns brought to them.
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Ms. Frances Dorough, 7180 Silver Oak Drive, expressed her concern with the dust
harming the cattle.
Mr. David Roffey, 2508 Okeechobee Road, Veternarian, addressed the Board and stated
he was familiar with small particle pollution.
Ms. Kathy Crider, 8598 Carlton Road, addressed the Board regarding the flooding in the
area from the grove pumps.
Craig Spengler, 11440 Carlton Road, addressed the Board in opposition,
Ms. May Derkson, addressed the Board on the project and commented on the wildlife in
the area.
Mr. Roby Norvell, Glades Cut Off Road resident, addressed the Board and stated that
Florida Rock (another mining company) made many concessions in order to have their
operation.
Mr. Horace Derkson, Carlton Road, addressed the Board in opposition.
Mr. Ken Waters, addressed the Board and advised them of the problems he has had with
the truck traffic from Florida Rock in his area. He is in opposition.
Dr. James Crisman, commenting for Dickerson, addressed the Board and provided
medical information on “Silicosis” (inhaled particles causing lung destruction).
Dr. Crisman advised the Board of what is needed for such a condition:
1. a certain amount of crystallizing
2. particles small enough to get into the lung tissues.
He stated none of the above are known to be caused by mining of this kind.
Com. Smith questioned the length of time the mine would be operating.
Mr. Dale stated 15/20 years at todays’ market.
Com. Craft stated 1.3 million trips by heavy trucks in a 10 year period along with horses,
children, do not mix and he cannot support this item.
The Board members advised those present of all contacts with residents and petitioner
before the meeting.
Com. Hutchinson questioned if a condition could be added that tree replacement would
be done along Carlton Road.
Com. Coward expressed his concerns with compatibility and felt it changes the area. He
does not believe heavy truck traffic is compatible with the area where there are children
riding school buses and horses. He stated he was also concerned with the noise issue. He
understands the business community needs the material, but is not willing to compromise
285 peoples way of life.
It was moved by Com. Coward to deny this petition,
Com. Lewis stated there seems to be a 280 ft. set back plus 40 ft. of right of way, a total
of 320 ft. just to get to the edge of the roadway and she does not believe residents live
that close to the road. She stated she is looking at trucks and at children and this does not
mix, however, if someone would come up with conditions that can change this, it may
make the decision easier. Her main obstacle is the traffic.
Seconded by Com. Craft,
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Com. Hutchinson asked if it would be possible to divert the traffic out both ways coming
out the middle or coming out one way.
The County Engineer stated he believed Dickerson would handle what conditions the
Board placed upon them.
Com. Lewis stated she still could not get past the traffic issue.
Com. Smith stated, he finds in this situation two valid points, two right sides to the
arguments. It seems on the petitioner side they had done everything except “walk on
water”, and he has also seen from the Carlton Road side, they too have done everything
except “walk on water.” At this moment his vote is moving towards a conclusion.
He asked everyone remember, “we are all one county”.
Com. Hutchinson stated she felt there are things she sees as assets and she is concerned
with the traffic situation, but, felt there is a way out of it and there is a compromise there,
she will be voting no.
And; upon roll call, the vote was as follows: Nay’s, Smith, Hutchinson; Aye’s, Craft,
Coward, Lewis; motion to deny carried by a vote of 3 to 2.
5.E PUBLIC WORKS
Public Hearing to review the application request of Northwood LLC (Carlton Road Mine-
Dickerson) for a Mining Permit. This request is to seek Board approval for a Class II
mining permit for a period of twenty years- Consider staff recommendation to approve a
Class II mining permit for twenty years to be updated every 12 months subject to the
following special conditions.
1. Hours of operation: 6:00 a.m. to 6:00 p.m. Monday thru Friday
2. A performance bond of $84,410 will be maintained per phase.
3. There shall be no blasting as part of this permit.
4. Prior to the commencement of any mining-related operations, approval from
all other regulatory agencies shall be submitted to the County Engineer.
5. Only one phase shall be mined at any one time. Prior to mining a new phase,
the permittee shall notify the County in writing.
6. Once the reclamation requirements are complete for one phase, the County
Engineer will notify the permittee in writing on when the next phase can
begin.
7. Access roads that tie into County roads shall be in compliance with the St.
Lucie Land Development Code.
8. The permittee shall submit an updated plan before beginning on a new phase.
9. Pursuant to Section 378.802, Florida Statutes the mine operator must notify
the Executive Director of the FDEP, Bureau of Mine Reclamation, Innovation
Park, 2051 East Dirac DR., Tallahassee, Fla. 32310 (904) 488-8217 before
any new surface area is disturbed.
10. Violations of the mining permit or mining plan are subject to permit
revocation by the BCC and or subject to a fine of $250 per violation and an
additional $100 per day for each day that the violation is not brought into
compliance.
11. All equipment, machinery, and structures, which are accessory to mining,
shall be properly removed the site at the expiration of the permit.
12. Stockpiled material and haul roads shall be periodically watered down during
dry and or windy conditions to minimize migration of sand, dust or air
contaminants to surrounding properties.
13. As part of the reclamation phase, the permittee shall provide the County
Engineer with an as-built survey which includes, but not limited to water
depths, setbacks, and cross sections (200’ minimum). The survey shall be
performed and certified by a professional Land Surveyor in the State of
Florida. The property lines shall be monumented.
14. Placement of the crushing equipment below natural grade.
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15. Post signs, notice and contact hauling contractors regarding the restriction of
jake brakes entering and exiting the mine.
16. The permittee shall use electric powered pumps.
17. The permittee shall only uses the paved portion of Carlton Road. The
unpaved portion of Carlton Road shall not be used for any truck traffic.
18. The permittee shall create a Crested CaraCara bird-monitoring plan that is to
be submitted to the Environmental Resources Division.
19. Asphalt shoulders to both lanes of Glades Cut off Road shall be added from
Carlton Road to Rangeline Road within one year of permit approval.
20. The access roads’ entrance shall be paved within the County right of way.
21. Within the property boundaries the access roads shall have asphalt millings.
22. The unpaved portion of Glades Cut off Road to the access road shall be paved
prior to the use of the access road.
23. A signed and sealed engineer’s report on the condition of Glades Cut-off Road
shall be submitted with the yearly update.
24. All existing flow wells in the grove shall be property grouted and capped.
No action necessary due to the denial of the previous item.
5.F GROWTH MANAGEMENT (5-281)
Consider Draft Ordinance 04-003 amending the St. Lucie County Land Development
Code by creating Section 3.0103 (EE) Cpub , Conservation- Public Zoning District and
by amending Section 7.04.01 Table 7-10 to provide for minimum lot standards for this
new zoning district. This is the second of two required public hearings.
It was moved by Com. Craft, seconded by Com. Lewis, and; upon roll call, motion
carried unanimously.
5.G GROWTH MANAGEMENT
Consider Draft Resolution 04-210 approving general amendment to the County’s Zoning
Maps consistent with recent changes to the County’s Future Land Use maps- This is the
second of two required public hearings on this mater.
It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 04-
210 to exclude # 11, and; upon roll call, motion carried unanimously.
6.CENTRAL SERVICES
Chiller Plant at Administration Complex- This item has been pulled.
7. PUBLIC WORKS
Change Order No. 1 in the amount of $2,788,715- Indian River Drive South Project-
Consider staff recommendation to approve Change Order No. 1 in the amount of
$2,788,715 and authorize the Chairman to sign. This item was pulled.
8. PUBLIC WORKS
Change Order No. 1 in the amount of $2,090,582.73 – Indian River Drive North Project-
Consider staff recommendation to approve Change Order No. 1 in the amount of
$2,090,582.73 and authorize the Chairman to sign. – This item was pulled.
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9. PUBLIC WORKS
Change Order No. 1 in the amount of $2,216,694.38 – Indian River Drive Middle
Project- Consider staff recommendation to approve Change Order No. 1 in the amount of
$2,216,694.38 and authorize the Chairman to sign. This item was pulled.
There being no further business to be brought before the Board, the meeting was
adjourned.
_____________________
Chairman
_______________________
Clerk of Circuit Court
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