Loading...
HomeMy WebLinkAboutBOCC Minutes 03-02-2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 2, 2004 Convened: 7:00 p.m. Tape: 1-3 Adjourned: 10:45 p.m. Commissioners Present: Chairman, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Don West, Public Works Director, Mike Palley, County Engineer, Gayla Barwick, Tourism Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-028) It was moved by Com., Coward seconded by Com. Barnes, to approve the minutes of the meeting held February 24, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. A presentation was made by Mr. Henry Dean, Executive Director of the SFWMD and Mr. Lennart E. Lindlahl, Governing Board Member of the SFWMD on District Initiatives relative to the St. Lucie Estuary and a check presentation for Paradise Park. B. The County Administrator read upcoming events and scheduled meetings. 3. GENERAL PUBLIC COMMENTS Mr. Eddie Whitfield, retired SLC Deputy, addressed the Board regarding the semi-pro football team which will be staring a program in St. Lucie County. He asked the assistance of the Board in providing a practice field and assisting in the sign up. Ms. Julie Orben, Lakewood Park, addressed the site plan on the property she questioned last week. Mr. Terry Hocksey, Carlton Road area resident, addressed the Board regarding the Coquina Rock and the dust it produces in the area. He stated the State of Florida conducted a study on the dust and concluded it was carcinogenic. Com. Barnes questioned the millings list. The Asst. County Administrator stated it was not the common practice of the county to provide millings outside the urban service area. However, he did inform the public that the road can be paved by doing an MSBU. Mr. Hocksey stated the people do not wish to pay for the paving of the road. Mr. Charles Grande, Hutchinson Island, thanked the Erosion Manager and Com. Hutchinson for their hard work and support in obtaining funds to re-nourish our beaches. 1 Mr. Al Weinberg, Glades Cut Off Road resident, addressed the Board on the dust which is caused by the Coquina Rock. Com. Hutchinson requested staff to investigate if a study was in fact done of the area and what the outcome was. She also requested a report on what roads were left unpaved or without millings. 4. CONSENT AGENDA(1-1169) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the Consent Agenda; to include amending the language on CA-1 “for the county to participate in the implementation of the Riverwalk Greenway and Trail system”; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 24. 2. COUNTY ATTORNEY A. Petition for Abandonment- Unopened, Unmaintained Platted Right of Way known as Avenue C- Request Permission to Advertise- Notice of Public Hearing- The Board approved advertising the public hearing to be held on April 6, 2004 at 6:00p.m. or as soon thereafter as possible. B. Interlocal Agreement with City of Vero Beach- Water Service to Crook property on North Hutchinson Island- The Board approved the Interlocal Agreement and authorized the Chairman to sign the agreement. th C. South 25 St. Roadway Widening-Midway Road to Edwards Road- Temporary Easement- The Board approved the Purchase Agreement with William R. Shanaver in the amount of One Thousand Thirty dollars as shown on the attached sketch and legal descriptions, authorize the Chairman to execute the Purchase Agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. th D. South 25 St., Roadway Widening-Midway Road to Edwards Road- Temporary Construction Easement- The Board approved accepting the Temporary Construction Easement and authorized the Chairman to sign Resolution No. 04-71 and directed staff to record the documents in the Public Records of St. Lucie County. E. Edwards & Selvitz Roadway Intersection Improvement Project- The Board approved the Contract for Sale and Purchase of the MacAdie/McAdie right of way for $5,300. as shown on the attached sketch and legal, authorize the Chairman to execute the Contract and directed staff to close the transaction and record the closing documents in the Public Records of St. Lucie County, Florida. F. Lennard Road Phase 1 and II- The Board approved executing Easement Number 30972 and record the easement in the Public Records of St. Lucie County, Florida. th G. South 25 St. Roadway Widening- Midway Road to Edwards Road- Right of Way- The Board approved accepting the donation of the parcel in exchange for the two driveway connections as shown on the attached map, authorized the Chairman to execute the Contract and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 2 3. UTILITIES A. Lease Agreement- St. Lucie County and Beach Club Colony on the Ocean, Inc. - The Board approved a lease agreement between St. Lucie County and Beach Club Colony, Inc., for leasing real property located at the site of the old wastewater treatment plant in Beach Club colony and adopted Resolution No. 04-72. B. Change Order Speegle Construction II, Inc.,- The Board approved the Change Order with Speegle Construction II, Inc., for the installation of additional pavement at the North Hutchinson Island WWTP in the amount of $4,200.00. C. Final Payment Application and release of retainage with RK Contractors, Inc., for work complete at the St. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of $8,229.50.- The Board approved the Final Payment Application and release of retainage with RK Contractors, Inc., for work completed at the St. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of $8,229.50. 4. LIBRARY St. Lucie West Library- Contracted Services annual payment- The Board approved expenditures of $157,786 for Contracted Services at the St. Lucie West Library, the County Administrator was authorized to sign the purchasing requisition for payment of services to Indian River Community College. 5. COMMUNITY DEVELOPMENT Tourism Division- Simple Access Marketing Advertising Issues- The Board approved paying the invoices. 6. PUBLIC WORKS Engineering Division - Request for a Public Hearing on Capron Trails Mine to increase their hours of operation. - The Board approved a public hearing date of April 6, 2004 or soon thereafter to consider the request of the Capron Trail Mine to increase their hours of operation. 7. ADMINISTRATION Investment Committee Appointment- The Board ratified Com. Hutchinson’s appointment of Mike Dillman to the Investment Committee. CA-1 PARKS AND RECREATION Recreation Advisory Boar/City of Port St. Lucie Trail System Master Plan- The Board approved staff recommendation to support the recommendation of the Recreation Advisory Board to hold its meeting with Port St. Lucie City Staff to discuss the County’s interest in participating in the implementation of the Riverwalk Greenway and Trail system. REGULAR AGENDA (1-1237) 5. PUBLIC HEARINGS A. PUBLIC WORKS 3 Lebanon Road MSBU Initial Public Hearing Potable Water Improvements- FPUA- Consider staff recommendation to adopt Resolution No. 04-065 creating the Lebanon Road, M.S.B.U. ; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5 St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Ft. Pierce Utilities Authority. The M.S.B.U. Coordinator addressed the Board on this item and read a letter received signed by 4 residents, stating their opposition to the project Ms. Kathleen Humphreys, originator of petition, addressed the Board regarding this item and questioned the annexation. She was not aware they would be required to annex into the city when she signed the petition. Mr. Paul Young, area resident, addressed the Board and stated he did not sign the petition and questioned if there would be enough road to place the pipes in without requiring easements from the property owners. He stated he was not objecting to the M.S. B.U. Com. Coward stated there were two things which bothered him regarding the MS.B.U. and one is that the residents did not seem to be aware of the annexation clause. Also, the threshold of the slight majority which makes up only one person, if the one person had a difference of opinion then this would be less than the 51%. He cannot support this due to these concerns. Mr. John Griffin, attorney for those wishing the M.S. B.U. addressed the Board on this issue. He stated the people are on well water and it is substandard. He asked the Board not hold back on the M.S. B. U. and vote in favor of moving forward . Mr. Young suggested contacting the nine people once again and seeing what they prefer. Com. Coward stated he would support this all nine people knew about the annexation issue and supported it. It was moved by Com. Barnes, seconded by Com. Coward to continue the public hearing to April 6, 2004 at 6:00 p.m. or as soon thereafter as possible also directed staff to re- contact the nine residents and provide them with the additional information; and, upon roll call, motion carried unanimously. B. COUNTY ATTORNEY (1-2268) Ordinance No. 04-014- Establishing to Govern the Use of Properties and Facilities Owned or Leased by the County to Allow 24 hour Usage of Waveland and Pepper Park Beaches’ Access Points to the Atlantic Ocean- Consider staff recommendation to adopt Ordinance No. 04-014 and authorize the Chairman to sign the Ordinance. It was moved by Com. Coward, seconded by Com. Barnes, to approve Ordinance No. 04- 014; and, upon roll call, motion carried unanimously. C. COMMUNITY DEVELOPMENT(1-2349) Petitioners request to withdraw the petition of Carroll and Janet Collins, for a Change in Zoning from the RS-4 to RM- Zoning District for property located on the east side of th North 44 St., approximately 100 feet south of San Diego Avenue- Consider staff recommendation to accept the withdrawal of the petition. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. 4 D. COMMUNITY DEVELOPMENT (1-2540) Draft Resolution No. 04-019- granting the petition of Savannah Club Joint Ventures, Inc., for an amendment to Conditions Numbers 13, Disaster Preparedness, for the Development of Regional Impact known as the Savanna Club- Consider staff recommendation to approve Resolution 04-019 amending Condition Number 13 of the previously approved Final Development Order for the Savanna Club, Development of Regional Impact. The Community Development Director addressed the Board and gave a history of the shelter and the building code standards updates. Mr. Bobby Klein, attorney for the developer was present to answer any questions. Mr. Richard Josslyn, VP Homeowners Association, addressed the Board in favor of this project. Mr. Emil Merther, resident, addressed the Board regarding the signed contract with American Land Lease and the developer without the residents being aware of it. Also, he questioned the legality of the allotted space per person and if the space would be enough for any length of stay. Mr. Patrick Dolan, resident, addressed the scheduled size of space per person (20 sq. ft.) and the space available in the new shelter. Mr. George E. Mullen, Savanna Club resident, addressed the Board and requested the development order remain as is. Mr. Bruce Gordon, Savanna Club resident, addressed the Board regarding the previous development order stating the facility had to be on site. Mr. Bill Sytes, Savanna Club resident, stated he does not believe anyone will be staying in the shelter longer than a few days. He believes this shelter would be a plus for the community. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. E. COMMUNITY DEVELOPMENT (2-889) Consider Draft Resolution No. 04-018 approving the request of Harold H. Smyth for a change in zoning from the Ag-1 zoning district to the IL zoning district for property located on the west side of Trowbridge Road- Consider staff recommendation to approve Draft Resolution No. 04-018. Ms. Vicky (unintelligible name) , property owner in the area, addressed the Board in opposition to the re-zoning. She advised the Board of the businesses in the area which have closed. Her main concern is what will go into the area if Mr. Smyth decides he does not want this property in the future. Com. Coward commented on the straight zoning IL vs. PNRD and how no safeguards would be in place with the IL zoning. He stated he could not support this zoning change (IL) with such an open end. Com. Barnes commented on all the vacant IL zoning property available in the county. Ms. Pamela Hammer, Reserve resident, addressed the Board regarding what would come into the area with this type of a zoning and addressed why she as a Planning and Zoning Board member voted to deny this request. 5 Mr. Charles Grande, President’s Council, addressed the Board on this issue and disagrees with staff that it is erroneous requiring a site plan on such a request. Com. Bruhn stated he felt a PNRD would be proper in this case. Com. Barnes stated he supports the petitioner bringing forward a sketch of what he is planning for the parcel and as long as the final once approved complies with the sketch, this would give the county more control, however, at this point he will not support this request. It was suggested the petitioner come back through the process as a PNRD and will revisit it at that time. It was moved by Com. Barnes, seconded by Com. Coward, to deny the request for the reasons stated; and, upon roll call, motion carried unanimously. F. PUBLIC WORKS (2-1990) Engineering Division- Florida Rock Mine- Addendum to the existing mining permit- Consider staff recommendation to approve Florida Rock Mine North Plant 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. under their existing permit subject to the listed special conditions. Mr. Bill Hammer addressed the Board on the ambient noise levels which would be lower during the early morning hours. He stated the noise would be carried further due to these levels. Mr. Terry Hocksey addressed the Board on the early morning hours when all is quiet and how much more you would be able to hear the noise. Mr. Al Weinberg, area resident, addressed the Board regarding the blasting and the crushing which he felt has caused damage to his home. Mr. Robert Martin, Florida Rock representative, addressed the comments by the public and the Board’s questions concerning the operation. Com. Barnes stated he would like to visit the site and see just how loud the crusher is and to what extent it would be a problem to the surrounding residents. The Board discussed a 6 month trial. Com. Coward stated he did not agree in extending the hours of operation due to the fact he does not really know how many complaints have been received and what they are and he cannot support this until this information is known. Com. Bruhn concurred with Com. Cowards’ comments. Com. Coward stated he did not wish to prejudice the applicant from being able to come back for any future consideration. He would like for them to come back with the additional information before final action is taken. Com. Barnes suggested continuing this hearing and in the meantime notify the surrounding residents. The County Engineer stated he could have the mail out within two weeks. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to continue this hearing with the County Attorney’s conditions on April 6, 2004 at 6:00 p.m. or as soon thereafter as possible with direction of staff to notify property owners that were previously notified of the specific application of the increased in hours of operation and bring back complaint history ; and, upon roll call, motion carried unanimously. 6 6. COUNTY ATTORNEY (2-1885) Robert E. Teague, Jr., Inc.,- Contract for Sale and Purchase- Consider staff recommendation to approve the Contract for Sale and Purchase of the Robert E. Teague, Jr., parcel for $1,500,000.00 as shown on the attached map, authorize the Chairman to execute the Contract, the First and Second Addendum and directed staff to close the Transaction and record the documents in the Public Records of St. Lucie County, Florida. Mr. Fousak addressed the Board and stated the 150 acre parcel is still available and may be able to split this parcel into 75 acre parcels. Com. Barnes stated they were interested in purchasing this piece without paying the full amount from the ESL fund. It was moved by Com. Bruhn, seconded by Com. Coward to approve staff recommendation and to also direct staff to move forward and explore finding funds to purchase and explore restoration component ; and, upon roll call, motion carried unanimously. 7. ADMINISTRATION Dedication of plaque and road to the late Thomas J. White- Consider staff recommendation to approve the plaque and the road dedications in honor of the late Thomas J. White. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. 8. PUBLIC WORKS EROSION 3710 Engineering Division- Update on the Ft. Pierce Beach Project was presented to the Board. Com. Hutchinson advised the Board that in the future the county may be responsible for funding the re-nourishment of the beaches and data needs to compiled to present to the legislation for possible grant funding in the future. RA-1 COUNTY ATTORNEY Utility Service- Interlocal Agreement and Bulk Water, Wastewater and Reclaimed Water Service- Consider staff recommendation to approve the revised Interlocal Agreement and the revised Bulk Service Agreement by adopting Resolution No. 04-74. It was moved by Com. Coward, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, the vote was as follows; Nay’s: Lewis, Hutchinson (for the reasons stated at the previously held meetings; Aye’s; Barnes, Coward, Bruhn, motion carried by a vote of 3 to 2. There being no further business to be brought before the Board, the meeting was adjourned. ___________________________ Chairman ____________________________ Clerk of Circuit Court 7