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HomeMy WebLinkAboutBOCC Minutes 11-09-2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 9, 2004 Convened: 6:05 p.m. Tape: 1,2,3, Adjourned: 9:05 p.m. Commissioners Present: Paula Lewis, Chairman; Doug Coward, John Bruhn, Frannie Hutchinson, Cliff Barnes Others Present: Doug Anderson, County Administrator; Ray Wazny, Asst. County Administrator; Faye Outlaw, Asst. County Administrator; Dan McIntyre, County Attorney; Randy Stevenson, Growth Management Director; David Kelly, Planning Manager; Scott Herring, Road & Bridge Manager; Leo Cordeiro, Solid Waste Manager; Beth Ryder, Human Services Director; Becky Padrick, MSBU Coordinator; Joanne Riley, Acquisitions Manager; Susan Kilmer, Library Manager; Marie Gouin, Director, Management & Budget; Deputy Williams; Lauri Heistermann, Deputy Clerk 1. MINUTES It was moved by Com. Hutchinson and seconded by Com. Coward, to approve the minutes of the meeting held November 2, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-326- Proclaiming the week of November 7, 2004, through November 13, 2004, as “Veterans Awarness Week” in St. Lucie County, Florida. - The Board approved staff recommendation to adopt Resolution No. 04-326 as drafted. It was moved by Com. Coward and seconded by Com. Hutchinson to approve Resolution No. 04-326; and upon roll call motion carried unanimously. The Resolution was presented to Mike Seniuk, Veterans Services. B. Update by the Treasure Coast Regional Planning Council on the North County Charrette. It was moved by Com. Coward and seconded by Com. Hutchinson to approve the modified master plan for the North County Charette. C Presentation of the “Roy F. Kenzie Award’ given by the Florida Redevelopment Association, for Zora Neale Hurston Dust Tracks heritage Trail. John Ward, Director of Cultural Affairs explained the background of the award to the Board. D. Reading of the announcements by the County Administrator. 3. GENERAL PUBLIC COMMENTS Bob Baggart voiced his concerns with campaign signs and advertising. He also commended John Bruhn and Cliff Barnes, welcomed Joe Smith and Chris Craft and congratulated Paula Lewis. Susie Carin congratulated all of the commissioners and stated that she was proud to be a St. Lucie County resident. Roger Sharp addressed resolution No. 04-338, stabilization of the Indian River Drive bank. He stated that this resolution should be approved and requested that it be mailed to the residents of Indian River Drive. Richard Langden stated that he was in favor of resolution No. 04-338. Charles Ewing stated that he was in favor of rebuilding Chucks Seafood. Judith Lennox stated that Chucks Seafood should be allowed to rebuild with a second floor and a pier. 4. CONSENT AGENDA It was moved by Com. Bruhn, and seconded by Com. Coward, to approve the consent Agenda; excluding item number C3A; and, upon roll call, motion carried unanimously. It was moved by Com. Hutchinson and seconded by Com. Bruhn to approve the addition of the consent agenda item Resolution No. 04-348; and upon roll call motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List Nos. 59 and 6. 2. COUNTY ATTORNEY A. Resolution No. 04-330 Extending the State of Emergency for Hurricane Frances; and , Resolution No. 04-331 Extending the State of Emergency for Hurricane Jeanne – The Board approved staff recommendation to approve Resolution No,. 04-330 and Resolution No. 04-331 and authorized the Chairman to sign the Resolutions. B. Record Destruction – The Board approved staff recommendation to approve the destruction of the records as requested C. Airport Industrial Park – First Amendment to Contract for Sale and Purchase with Pai-Lar, L.LC. – The Board approved staff recommendation to approve the proposed First Amendment to the Contract for Sale and Purchase with Pai-Lar, L.L.C. and Authorized the Chairman to sign the First Amendment. D. South 25 Street Roadway Widening – Midway Road to Edwards Road – th Temporary Construction Easements – Ronald M. Dillon – Tax I.D. No. 2433-221-0005-040/2 – Parcel 735 – Cesar Cumerma – Tax I. D. No. 2433— 221-0005-070/1 – Parcel 736 – The Board accepted the Temporary Construction easements; authorized the Chairman to sign Resolution Nos. 04- 327 and 04-328 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. E. South 25 Street Roadway Widening - Midway Road to Edwards Road – th Temporary Construction Easements – Bobby and Patricia Shaw – Tax I.D. No. 2428-331-0001-150/0 – Parcel 720 – The Board approved staff recommendation to accept the Temporary Construction Easement, Authorized the Chairman to sign Resolution No. 04-332 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. F. Amendment No. 1 to Agreement No. IA040560-A01 between the South Florida Water Management District and St. Lucie County – The Board approved Amendment No. 1 to Agreement No. IA040560-A01 between the South Florida Water Management District and St. Lucie County, authorized the Chairman to execute the Amendment and forward to the South Florida Water Management District. G. Surplus Property – Bid 04-085, Cortez Boulevard – Tax I.D. No. 2421-500- 0061-020/5 – The Board approved staff recommendation to reject all bids received in response to Bid 04-085 and dispose of this parcel pursuant to Florida Statute 125.35(2). 3. ADMINISTATION A. Request permission to make appropriate changes to the various Board Committees – The Board pulled this item for separate discussion. The five committees recommended by staff to be abolished are as follows: Ft. Pierce Harbor Advisory Committee High Speed Rail Committee Bicycle Advisory Committee Technology Committee Manatee Protection Committee Council of Local Stormwater Management for the St. Lucie River and the Indian River Lagoon Doug Anderson, County Administrator stated staff recommended that the Board should defer any committee meetings of the Ft. Pierce Harbor Advisory Committee until port development. Com. Barnes suggested that the new Board approve staff recommendation on the Ft. Pierce Harbor Advisory Committee. He also stated that the Bicycle Advisory Committee is needed now more than ever. Com. Hutchinson stated that she thought, on the technical side of the MPO, a citizen member sat on the committee which represented the bicycle community. Randy Stevenson, Growth Management Director stated that the bicycle/pedestrian coordinator had not met in some time and there is a representative on the MPO Board. Scott Herring, Road and Bridge Manager stated that he was the Chair of the Technical Advisory Committee of the MPO and they have a member of the Technical Advisory Committee who is specifically for bicycles and pedestrians. Also there is a member of the Citizens Advisory Committee of the MPO for bicycles and pedestrians. Com. Hutchinson stated that she did not agree with Com. Barnes on the Bicycle Advisory Committee. She stated that the areas of concerns are being covered on a County wide level and working in conjunctions with the Cities through the MPO. Com. Barnes stated that he would not only focus on bicycle lanes on highways, but also off road. He stated that he did not want to vote on the Harbor Advisory Committee. Com. Coward concurred with Com. Barnes on the Bicycle Advisory Committee. He stated that this Committee should be expanded and not abolished. He stated that the role of the Harbor Advisory Committee should be defined and that he had no problem holding off on voting on this Committee. PUBLIC COMMENT Mary Chapman Harbor Advisory Committee addressed the Board. She stated that the charter of the Harbor Advisory Committee was to review and make recommendations to the Board of County Commissioners on harbor related projects, environmental issues etc. She informed the Board that only 1% of cargo coming in is being inspected. It was the consensus of the Board to continue the Harbor Advisory Committee review to a later date. Com. Lewis stated that the Board needs to be very specific as far as what they want the Committees to do. She stated that the charter of the Harbor Advisory committee should be revised. She stated that she had no problem pulling the Harbor Advisory Committee and the Bicycle Advisory Committee for further discussion. Com. Huthinson concurred. She asked if there was any input from Ms. Butcher, Bicycle/Pedestrian Coordinator. Randy Stevenson, Growth Management Director stated that Ms. Butcher was the individual who had informed staff that the Bicycle Advisory Committee had not met. Staff will instruct her to work more closely with this Committee. Com. Bruhn stated that he felt the Harbor Advisory Committee should not be abolished. Com. Coward stated that the Board needs to give more specific direction to the Harbor Advisory Committee. It was moved by Com. Coward and seconded by Com. Bruhn to approve this item with the exclusion of item #1, Harbor Advisory Committee and #3, Bicycle Advisory Committee, which will be brought back to the new Board for further discussion; and upon roll call motion carried unanimously. B. Citizen’s Budget Development Committee – The Board approved staff recommendation to ratify Commissioner Coward’s appointment of Mr. Toby Philpart to the Citizen’s Budget Development Committee. 4. PUBLIC WORKS A. Engineering Division – Twenty-three (23) Public Hearings – The Board approved staff recommendation to grant permission to advertise twenty-three (23) public hearings stating the County’s intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units. In the opinion of staff, the public hearings are recommended to be held on December 14, 2004, which is a day Board Meeting. B. Solid Waste Division – CDM proposal for professional services related to the design, permitting, bidding and construction services for a Scale House Facility at the Glades Road Baling Facility – The Board approved staff recommendation to approve the CDM proposal for professional services related to the design, permitting, bidding and construction services for a Scale House Facility at the Glades Road Baling Facility. This project includes the design and construction of a new Scale House and modifications to the existing Scale House at the St. Lucie County Glades Cutoff Road Baling Facility for a lump sum of $136,300. C. Engineering Division – Indian River Estates MSBU – (Potable Water – SLCU) – Approval of Work Authorization No. 25 to the Agreement for Continuing Engineering Services with Camp, Dresser, and McKee, Incl., in the amount of $910,330.00 for the design of the project to provide potable water improvements – The Board approved staff recommendation to approve Work Authorization No. 25 to the Agreement for Continuing Engineering Services with Camp, Dresser and McKee Inc., in the amount of $910,330.00 for engineering design, surveying, construction management and assessment services. D. Request for a Public Hearing on Carlton Road (Dickerson) Mining Permit Application – The Board approved staff recommendation to approve for a public hearing to be held on December 7, 2004 or soon thereafter to consider the request of the Carlton Road (Dickerson) Mining Permit Application. E. Road and Bridge Division – Upgrading the Field Foreman position to Foreman III – The Board approved staff recommendation to approve the upgrade of the vacant Field Foreman position in the Road & Bridge Draionage3 Operations Section to Foreman III. 5. GRANTS A. Authorize the submittal of an Innovative Recycling grant application to the Florida Department of Environmental Protection (FDEP) and the acceptance of the grant if it is approved for funding. Grant funds in an amount equal to $200,000, to be matched by St. Lucie County with an amount not to exceed $450,000, will fund the initiation of a gypsum wallboard-recycling program at the St. Lucie County Solid Waste Baling & Recycling Facility – The Board approved staff recommendation to authorize the submittal of the grant application and the acceptance of the grant if it is awarded for funding. B. Authorize the submittal of a grant application for an amount equal to $35,000 to the Institute of Museum and Library Services Museums for America Grant Program and the acceptance of the grant if the grant application is approved for funding – The Board approved staff recommendation to authorize the submittal of the grant application to the Museums for America Program and the acceptance of the grant if it is approved for funding. 6. MANAGEMENT AND BUDGET Sheriff’s Department Second Request for Advance for Hurricanes Frances and Jeanne – The Board approved staff recommendation to approve an advance of $230,850.03 (see Memo attached) to the Sheriff and approve budget amendment for fiscal year 2003-2004. 7. PURCHASING A. Fixed Asset Inventory-Property Record Removal of all Assets from $750.00 to $999.99 – The Board approved staff recommendation to authorize staff to remove the assets from $750.00 to $999.99 from the fixed asset inventory of the Board of County Commissioners. B. Fixed Asset Inventory-Property Record Removal – The Board approved staff recommendation to authorize staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. C. Permission to advertise Invitation for Bid for a Metal Maintenance Building at the Savannas Recreation Area – The Board approved staff recommendation to advertise Invitation for Bid for a Metal Maintenance Building at the Savannas Recreation Area. D. Bid Waiver and sole source with FilterOne USA for the Parkson Aqua Guard Screen repair and parts – The Board approved staff recommendation to approve the request for bid waiver and declare FilterOne USAS a sole vendor for the repair and parts for the Parkson Aqua Guard Screen E. Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances/Jeanne – The Board approved staff recommendation to: (1) Ratify the County Administrator’s Order effective September 3, 2004 at 5:00 p.m. and September 24, 2004 at 9:00 a.m., (2) Approve the waiver of sealed bids as a result of the declared emergency, (30 Ratify the County Administrator’s approval of the list of emergency purchases, and authorized the Chairman to sin contracts as prepared by the County Attorney. F. Permission to hold Sidewalk Sale for surplus furniture and equipment being stored at the Village Green Annex. – The Board approved staff recommendation to authorize staff to hold Sidewalk Sale at a date to be determined later. G. Permission to advertise invitation for Bid for a Biofilter Odor Control System for the South Hutchinson Island Water Reclamation Facility – The Board approved staff recommendation to approve permission to advertise an Invitation for Bid (IFB) to solicit bidders for a Biofilter Odor Control System for the South Hutchinson Island Water Reclamation Facility. 8. INVESTMENT FOR THE FUTURE Engineering Division – Harmony Heights Stormwater Improvements Project (Phase II) – Amendment to Work Authorization No. 4 with BCI Engineers for services related to St. Lucie River Issues Team Grant Preparation and Presentation – The Board approved staff recommendation to approve the Amendment to Work Authorization No. 4 with BCI in the amount of $1,737.26 for the Harmony Heights Stormwater Improvements Project, and authorized the Chairman to sign. REGULAR AGENDA Randy Stevenson stated that 5A, B and C were all part of the same project and applicant, however, the presentation would flow better if they would do 5B and 5C first and then come back to 5A. 20151 5A. GROWTH MANAGEMENT Consider DVA-04-002, approving the request of Gary Smiegel, Smiegel Partners IX, Ltd. For a Development Agreement regarding a project know as Orange Avenue Commercial Development for property located on the south side of Orange Avenue, approximately 340 feet west of the intersection of Sandalwood Drive and Orange Avenue – No Action Required. This is the first of two required public hearings. Larry Stevenson addressed the Board. He outlined the specifics with the Board. PUBLIC COMMENT There was no public comment. The second public hearing will be held November 15, 2004. 12789 5B. GROWTH MANAGEMENT Consider Draft Ordinance 04-035, approving the application of Gary Smiegel, Smiegel Partners IX, Ltd. For a Change in Future Land Use Designation from COM (Commercial to RM (Residential Medium) for Property located on the south side of Orange Avenue, approximately 340 feet west of the intersection of Sandalwood Drive and Orange Avenue – No Action Required. This is the first of two required public hearings. David Kelly, Planning Manager outlined the specifics with the Board. The applicant, Don Quazo gave a presentation to the Board, which outlined their specific plans. The second public hearing will be held November 15, 2004. PUBLIC COMMENT Joan Williams questioned the commercial aspect of draft ordinance 04-035. Com. Coward informed the property owner that the land swap will be more favorable for the property owners, which would keep commercial away from residential. After a lengthy conversation between Ms. Williams and David Kelly, he did inform her that commercial would not be backing up to her property. 12787 5C GROWTH MANAGEMENT Consider Draft Ordinance 04-036, approving the application of Lennar Homes, Inc., for a Change in Future Lange Use Designation from RM (Residential Medium) to COM (Commercial) for property located on the northwest corner of the intersection of Peterson Road and Hartman Road – No action required. This is the first of two required public hearings. David Kelly, Planning Manager outlined the specifics with the Board. The applicant , Don Quazo gave e a presentation to the Board, which outlined their specific plans. The second public hearing will be held on November 15, 2004. th PUBLIC COMMENT There was no public comment 20262 5D. GROWTH MANAGEMENT Consider approving the application of South 25 Street LLC, for Preliminary th Planned Unit Development Approval for the project know as Oak Alley, for property located on the west side of South 25 Street, immediately north of th Canal No. 102/Devine Road, south of the Palm Lake Gardens PUD – Since this item was just heard on October 28, 2004, the applicant has requested a continuance of this item to the November 15, 2004 Special Board of County Ccmmissioners Meeting at 6:00 p.m. or as soon thereafter as possible to allow staff time to complete the meeting minutes from this item. David Kelly, Planning Manager advised the Board that this was a joint request between County Staff and the applicant. PUBLIC COMMENT There was no public comment. It was moved by Com. Coward and seconded by Com. Bruhn to approve the continuance of this item to November 15, 2004.; and upon roll call motion carried unanimously. This item will be continued on November 15, 2004. 11928 5E. PUBLIC WORKS Engineering Division - South 26 Street MSBU – Initial Public Hearing – th Wastewater Improvements – FPUA – Consider staff recommendation to adopt Resolution No. 04-320 creating the South 26 Street Municipal Services th Benefit Unit; approve the preparation of an Interlocal Agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority; and authorize the County Engineer to proceed with the engineering and design of the project. Becky Padrick, MSBU Coordinator reviewed the history of the project. She informed the Board that this was the first of two public hearings required in the MSBU process. The purpose of the meeting is to continue with the engineering design. The estimated project cost is 1.3 million dollars. She advised the Board that staff needed to find an alternate funding source in the event a grant could not be obtained. The Board allocated $118,000 from County Contingency to fund a portion of roadway restoration and an additional $100,000 from F Y 05/06 Budget. The City of Ft. Pierce and FPUA will make recommendations to make funding available October, 2005 in the following amounts. The City of Ft. Pierce would contribute $250,000.00 and FPUA would contribute$100,000.00 If the City of Ft. Pierce and FPUA approve the contributions it would bring FPUA’s total funding to $370,000.00, the City of Ft. Pierce would be $250,000.00 and the County ‘s total funding would be $315,761.00. This would lower the project cost from 1.3 million to $650,000.00, which would result in a $8,200.00 assessment. The County will need to enter into an interlocal agreement with the City of Ft. Pierce and FPUA. She also advised the Board that ship funding would be available to individuals that met certain criteria. PUBLIC COMMENT William Lange addressed the Board. He stated that he has no problem with his septic tank and is against the MSBU. Sharon Gudikunst addressed the Board. She stated that she supported the MSBU. Com. Coward requested that Mr. Moses address the Board. He informed the public that Mr. Moses was the Environmental Manager for the Health Department. Mr. Moses summarized the issues that were being dealt with in specific detail. Com. Hutchinson commended Becky Padrick. It was moved by Com. Hutchinson and seconded by Com. Bruhn to approve the South 26 Street MSBU and upon roll call motion carried unanimously. th 20311 5F MANAGEMENT AND BUDGET Acceptance of Budget Resolution 04-329 to increase the Sanitary Land Fund – Consider staff recommendation to approve budget resolution 04-329 to increase the Sanitary Landfill Fund by $2,000,000. Approve equipment EQ05-264 and EQ05-265; approve Positions POS-5-065, and POS05-066. Marie Gouin, Director, Management & Budget addressed the Board. She informed the Board that the City of Ft. Pierce changed their disposal site from Okeechobee to St. Lucie County, which increased the baling facility an additional 200 tons per day. Com. Hutchinson asked if we had an agreement with the City of Ft. Pierce. Leo Cordiero, Solid Waste Manager addressed the Board. He outlined the Specific effects on the landfill currently and the increase due to the hurricanes. He stated that the County would be obtaining an agreement with the City. Com. Hutchinson voiced her concerns with not having an agreement with the City of Ft. Pierce . Leo Cordiero, stated that the County will aggressively pursue an agreement with the City of Ft. Pierce similar to the agreement that the County has with the City of Pt. St. Lucie. Doug Anderson, County Administrator stated that he would recommend that we not hire anyone or do anything until the County obtains an agreement. The positions can be posted, however, no funds will be spent. PUBLIC COMMENT There was no public comment. It was moved by Com Barnes and seconded by Com. Bruhn to approve budget resolution No. 04-329; and upon roll call motion carried unanimously. Com. Coward asked the status of the JPA agreement. Dan McIntyre, County Attorney stated that the main component was communication on development approvals. Conceptually the City of Ft. Pierce is in favor of that as well. He informed the Board that there was some language that needed to be modified because the City Attorney had some issues. He stated that he felt that it should move forward pretty smoothly. Com. Coward also questioned the White City Land Use Plan. Doug Anderson, County Administrator stated that it had been discussed and the City of Ft. Pierce stated that they were very supportive. END OF PUBLIC HEARINGS 20590 6. PUBLIC WORKS Solid Waste Division – Staff request approval of CDM proposal for professional services related to the conceptual design and permitting of the Class I disposal area (Phase 5) at the Baling and Recycling Facility – Consider staff recommendation to approve the CDM proposal fro professional services related to the conceptual design and permitting of the Class I disposal area (Phase 5) at the Baling and Recycling Facility. The scope of services also includes the analysis of impacts to the existing site infrastructure, Class I disposal volumes, landfill life expectancy, ERP permit modification s (major modification), Operations Permit modifications and storm water modeling for a lump sum cost of $159,900. Leo Cordiero, Solid Waste Manager addressed the Board. He outlined the specifics with the Board. He stated that because the prior item was approved that this item is now budgeted. He informed the board that this will bring the life of the landfill back up to about 40 years. It was moved by Com. Bruhn and seconded by Com. Coward to approve the CDM proposal for professional services related to the conceptual design and permitting of Class I disposal area (Phase 5) at the Baling and Recycling Facility and upon roll call motion carried unanimously. 20647 7. PUBLIC WORKS Solid Waste Division – CDM proposal for professional engineering services related to the design, permitting, bidding and construction of Cell 3B for Class I waste – Consider staff recommendation to approve the CDM proposal for professional engineering services related to the design, permitting, bidding and construction of Cell 3B for Class I waste. The scope of services includes liner system, leachate collection and removal system, storm water management, preparation of biddable plans, contract document and services during construction for a lump sum of $595,000. Leo Cordiero, Solid Waste Manager addressed the Board. He informed the Board of the specifics of this item. He stated that due to the hurricanes and the City of Ft. Pierce coming back to our facility it has stepped up the process , however the revenue from the City of Ft. Pierce allowed it to happen a year earlier. Com. Barnes asked how much of the landfills space was taken up by hurricane debris. Leo Cordiero, Solid Waste Manager stated that it was about 1 ½ to 2 years life lost due to the 2 hurricanes. It was moved by Com. Barnes and seconded by Com. Bruhn to approve the CDM proposal for professional engineering services related to the design, permitting, bidding and construction of Cell 3B for Class I waste and upon roll call motion carried unanimously. 20733 8. ADMINISTRATION Staff requests Board direction concerning the Leasee’s request to expand the County owned Chuck’s Seafood Restaurant and construct a walkway/dock – Consider staff recommendation for Board direction. Options include: (1) Reconstruct chuck’[s Seafood on existing footprint with no second level, allowing for a public walkway along the water. 92) Reconstruct Chuck’s seafood on existing footprint with the addition of a second level, allowing for a public walkway along the water. (3) Don’t rebuild the restaurant and convert to a park facility. (4) Construct a dock and walkway as an accessory to the restaurant facility. Doug Anderson reviewed the summary packet provided to the Board members. He informed the Board that there was a general consensus to continue operating the restaurant. Staff recommendation consisted of the following: 1) Reconstruct Chuck’s Seafood on existing footprint with no second level, allowing for a public walkway along the water. 2) Reconstruct Chuck’s Seafood on existing footprint with the addition of a second level, allowing for a public walkway along the water. 3) Don’t rebuild the restaurant and convert to a park facility. 4) Construct a dock and walkway as an accessory to the restaurant facility. Com. Barnes stated that the Board is aware of what Mr. Barton, Owner, wants. He would like to know what the City would like to see. He stated that per a conversation with Mr. Trios, Mr. Trios stated that he would like to see the water front preserved and allow a second floor to the west of the restaurant which. Mr. Trios was also interested in a boardwalk for the publics use, but that the restaurant could access. He also stated that his interpretation from the meeting on the charette, the public was very interested in having Chuck’s remain. The city needs to indicate what they would like to see there. Com. Hutchinson stated that there was concern with public access. She stated that she was under the impression that any re-zoning would fall under the City of Ft. Pierce and they would approve any site plan or building changes, not so much the County. Com. Barnes stated they he felt the Board needed to either agree or disagree with Mr. Barton, owner. Com. Barnes stated that he would like to see more input from the City. Com. Hutchinson stated that the only City Commissioner she recalled being at the meeting was the Mayor. Com. Barnes stated that he felt the Board needed to give staff direction and Mr. Barton, owner could take that to the City. Com. Bruhn concurred . Com. Lewis stated that she did not see this as a final determination. She stated that it needed to go to the City from here. Com. Coward stated that he agrees that this Board needs to work with the Leasee with what the Board is comfortable with, although the City’s input is needed as well. He stated that he was in full support of expanding the sidewalk for public access. He questioned the use of the second floor and voiced his concerns with it possibly being used as a private studio. He also voiced his concerns with the addition of the second floor and the impact on parking. Doug Anderson, County Administrator stated that staff had been informed that they would be given plans for the proposed changes to the facility, which had not been received yet. If the restaurant seating is expanded that would require additional parking places, which would require renting additional property to Chuck’s Seafood. Until the County receives the plans for the facility, it is very difficult to address any specific concerns. Com. Barnes stated that the improvements done by the property owner would benefit the public, i.e. such as restrooms, boardwalk, etc. He asked Mr. Barton, owner, if he was happy with the lease strictly as a restaurant. Mr. Barton, owner stated that he had no intentions on using the property for anything other than a restaurant. He stated that there had been discussion in reference to the use of the second story, but nothing specific had been determined. Com. Barnes asked if Mr. Barton, owner, had met with Mr. Trios. Mr. Barton stated that he had met with the City four times. Com. Barnes asked what Mr. Trios stated that he would like to see. Mr. Barton thanked the Commissioners and staff. He also stated that when he met with Mr. Trios, Mr. Trios suggested that Chuck’s develop as a water front restaurant in the park. He stated that the plans he had provided to the Board was a foot print of the plans, which resulted from the four meetings he had with Mr. Trios. He stated that Mr. Trios had requested more of an area for open dining in the front of the restaurant. Mr. Trios’ Recommendation was to set the restaurant back from the water front and put in a walkway in the front, extend it to the west . Mr. Barton, owner stated that he designed the plans with a 20 foot deck/patio, which he also extended 40 – 50 feet beyond the existing building to the east and put in a 6 foot sidewalk from that point to the fire station. Mr. Barton, owner stated that when he presented this plan to Mr. Trios he requested that the patio/deck be changed to 25 foot wide all the way to the fire station and to the western end of the proposed new restaurant. He stated that he would propose that they build a retaining wall for the deck, which the owner would pay for. He stated that he would build it the way the plan shows and put a beach and palm trees in front of the wall. This would restore the beach and the retaining wall would be part of the patio. He stated that Mr. Trios supported the plan that had been presented to the Board as outlined above. The second level would be a banquet meeting room facility. He stated that he would modify item number 2. This would consist of modifying the footprint to include a second level with a 25 foot public walkway in front of the facility. He stated that item number 4 would not include a board walk. He stated that Mr. Trios stated that he would prefer to see a concrete deck/patio to extend all the way to the pier. Mr. Barton, owner stated he would only commit to extending it to the west end of the proposed building. He stated if the Board approved the footprint then he could design the proper building. One addition that he would like to add, which changes what is being done, under item number 4 referring to the dock. He informed the Board that the dock would only have 1 mooring. The approved dock/pier approved by DEP only has one boat mooring at it. He stated that he only wanted to build a pier that boats can pull up to for a couple of hours. He provided the Board with the State of Florida Department of Environmental Protection emergency authorization for the repair and replacement and restoration due to hurricane Jeanne. He stated that this authorizes what he has outlined, with the Board. He stated that they can rebuild back the beach frontage. He informed the Board that he only had two weeks left to apply for the permit, under the emergency order. He would like to add this as an addition under item number 4. He requested that the Board give him authorization permit the entire park from the Fire Station to the Boat Ramp. Com. Barnes stated that the permit should be applied for even if it can not be done immediately. Com. Coward stated that a concrete wall is not replacing what was there. He stated that he would be uncomfortable approving a concrete patio/walk. He stated that the public would probably like to see a more natural component. Com. Barnes concurred. He stated that he would be ready to make a motion that would allow it to be figured out by the engineers, the City and by the County. Mr. Barton, owner stated that if the Board did not want the wall he would be pleased not to have to spend the money. Com. Coward stated that he is not comfortable with an extended concrete wall along the causeway. Brad Culverhouse stated that if the County can apply for the permits, the land owner can put it back to the way it was before it was damaged. This preserves the County’s right. It was moved by Com. Barnes and seconded by Com. Bruhn to approve staff recommendation of item number 2 as modified. Reconstruct Chuck’s Seafood on the existing footprint with an expansion to be determined with the addition of a second level, for restaurant use only. Allowing for a public walkway along the water, type to be determined after negotiation with the City and permitting agencies. With the condition that the tenant construct, at his expense, the restroom and public walkway that is determined. Also notify the state that the County is approving the permit for the pier/dock, which is being built over the preexisting structure and would allow temporary dockage, but would not allow permanent leases. He also stated that the County needed to work with the City and the tenant to have a joint use parking lot that is better for the public. The parking would be for everyone. The County /Tenant would apply for the permit to rebuild the beach back to the way it was before the hurricanes; and upon roll call motion carried unanimously. Mr. Barton stated that once the County and the particular parks department work with him, he has the funds to improve the beach and benefit the public. 22266 9. COUNTY ATTORNEY Florida communities Trust – Paleo Hammock Addition/FCT Project 904- 044-FF4-FCT 50% - SLC 50% - Contract for Sale and Purchase Robert E. Teague, Jr. – Consider staff recommendation to approve the Contract for Sale and Purchase of the Robert E. Teague, Jr., Inc. parcel for $2,250,000.00 as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Joanne Riley, Acquisitions Manager addressed the Board. She outlined the Specific background with the Board. She also informed the Board of the various vegetation and wild life throughout the Paleo Hammock Addition. Vanessa Bessey, Environmental Resource Manager gave the Board a brief presentation on the Teague addition. It was moved by Com, Bruhn and seconded by Com. Hutchinson to approve the sale and purchase of the Robert E. Teague parcel and 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 and upon roll call motion carried unanimously. 22643 10. COUNTY ATTORNEY North County Charette - Interlocal Agreement implementing North County Charette – Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement. Dan McIntyre, County Attorney, outlined the proposed Interlocal agreement with the Board. Com. Hutchinson voiced her concerns on the time frames and requested specific dates. She asked that if November 23, 2004 the dates and times would be set. Michael Busha stated that they had planned a presentation. He stated that the team will be meeting with County staff on November 23, 2004. He invited the Commissioners to attend because they will be addressing specific dates and time frames in this meeting. He also invited the Commissioners to attend the meeting in Tallahassee. He also stated that there was an item missing from the scope of work. He stated for this to work and work well they would need land owners in this area to be involved. He informed the Board that they would like to establish a land owner steering committee that could meet monthly. Com. Coward stated that this is a tremendous accomplishment made with the Treasure Coast Regional Planning Council. He questioned the alternative growth management strategy being applied to the entire unincorporated county. He stated that the way the scope is written that it is not anticipated to modify the code for it to apply County wide. Com. Barnes stated that there are individuals living rural life styles east of US 1 who do not want to see high density urban. Michael Busha stated that in task 2D and 2E, one has to do with the zoning issues and the other has to do with draft plan amendments. Both recognize what gets done in the north county, if the Commission chooses to, it could serve as a model. Com. Coward stated that he prefers an incentive based process rather than a regulatory process. He stated that in the instances that we have land owners and developers who are committing to work with the Commissioners on this new concept, we have raised the bar. He stated that we should try and provide rewards for them to try and do the right thing for this community. Michael Busha concurred with Com. Coward. Com. Barnes concurred with Com. Coward. It was moved by Com. Bruhn and seconded by Com. Hutchinson to approve the Interlocal agreement implementing the North County Charette; and upon roll call. There being no further business the meeting was adjourned at 9:05 p.m. ________________________________ Chairman, Board County Commissioners __________________________________ Clerk Circuit Court