HomeMy WebLinkAboutBOCC Minutes 04-05-2005
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: April 5, 2005 Convened: 6:00 p.m.
Tape: 1-4 Adjourned:11:50 p.m.
Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug
Coward, Joseph Smith, Chris Craft
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Don West, Public Works Director, Mike Bowers, Utilities Director, Beth
Ryder, Community Services Director, Ed Parker, Purchasing Director, Dennis Wetzel, IT
Director, Paul Hiott, Veterans Services Director, David Kelly Planning Manager, Mike
Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES (1-025)
It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the
meeting held March 22, 2005, and; upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 05-107- Proclaiming the week of April 10, 2005
through April 16, 2005 as “PUBLIC SAFETY
TELECOMMUNICATIONS WEEK” in St. Lucie County, Florida.
It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05-
107, and; upon roll call, motion carried unanimously.
B. Maxine Green and “Granny’s Gang” made a presentation.
C. Resolution No. 05-115- Proclaiming April 10, 2005 through April 16,
2005 as “ST. LUCIE COUNTY CRIME VICTIMS’ RIGHTS WEEK”
in St. Lucie County, Florida.
It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 05-
115, and; upon roll call, motion carried unanimously.
D. Resolution No. 05-125- Proclaiming April 9, 2005 as “Wynton
Marsalis Day” in St. Lucie County, Florida.
It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05-
125, and; upon roll call, motion carried unanimously.
E. A presentation of the Prestigious National Hurricane Conference
Award was made to Don Daniels, St. Lucie County Emergency
Manager.
F. The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS (1-746)
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Mr. Richard Langdon, Indian River Drive resident, addressed the Board regarding items
7 and 8 on the agenda. He stated he is in favor of the project, however, he had some
concerns and read the letter submitted to the Board listing the concerns.
4. CONSENT AGENDA (1-1089)
Com. Coward requested the architects contracted to do the Walton Road Annex project
be placed on the short list (item C7-I).
Com. Lewis stated before approving the firm being added to the short list, she would like
to know the reason for the firm not being placed on the list to begin with.
The County Attorney suggested pulling this item until the information is obtained.
It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda
with item C-7I pulled, and include in the approval CA-1,CA-2 and CA-3, and; upon roll
call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List Nos. 26 and 27.
2. COUNTY ATTORNEY
A. Resolution No. 05-128- The Board approved Resolution No. 05-128
and Resolution No. 05-129, extending the State of Emergency for
Hurricane Frances and Hurricane Jeanne.
B. Revocable License Agreement- Michael and Rose Flavia-12047 S.
Indian River Drive- The Board approved the Revocable License
Agreement and authorized the Chairman to sign the Agreement and
directed Michael and Rose Flavia to record the document in the Public
Records of St. Lucie County, Florida.
C. Revocable License Agreement- KNS Construction, Inc..-
Commercial Circle- The Board approved the Revocable License
Agreement, authorized the Chairman to sign the Revocable Agreement
and directed KNS Construction to record the document in the Public
Records of St. Lucie County, Florida.
D. Economic Development Council of St. Lucie County- 2004-05
Investment/Partnership Fee Contract- The Board approved the
proposed contract with the Economic Development Council of St.
Lucie County and authorized the Chairman to sign the contract.
E. Pending Ticor Claim No. 149868 Formerly T167783 Letter dated
March 2, 2005- The Board authorized the Chairman to sign the Quit
Claim Deed to the First Baptist Church of Ft. Pierce subject to 1)
payment of $20,000 by the Church and 2) written acknowledgement
by Ticor that the County, by approving the settlement with the church,
has not waived any rights the County has to proceed Ticor for the
balance3 of the title insurance policy.
F. Research/Education Park- Alanis Part of Tax I.D. No. 2311-0003-000-
3 Dones & Krissel- Part of Tax I.D. No. 2311-312-0002-000-3- The
Board approved the Contract for Sale and Purchase and authorized the
Chairman to execute the Contract, directed staff to close the
transaction and record the documents in the Public Records of St.
Lucie County, Florida.
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G. Scarborough Estates at the Reserve- Release of Letter of Credit- The
Board approved the release of the Letter of Credit posted for
Scarborough Estates at the Reserve.
3. COMMUNITY SERVICES
A. Federal Transit Administration allocation under grant program 5309-
$388,711.00- The Board approved the submittal of an electronic filing
to the Federal Transit Administration; authorized the Chairman to sign
all agreements, accept the grant, approve the Subgrant Agreement with
the Council on Aging to implement the grant; and send a letter of
appreciation to both Congressman Foley and Hastings for their
diligence in obtaining this allocation; and approved Budget Resolution
No. 05-127.
B. First Amendment to Subgrant Agreement C04-07-331- The Board
authorized the Chairman to sign the First Amendment to the July 27,
2004 Subgrant Agreement between the County and the Council on
Aging of St. Lucie County to make it consistent with the amendment
recently approved between the County and the Florida Commission for
the Transportation Disadvantaged Rural Area Capital Equipment
Support Grant Amendment # 1- Contract AN939.
C. First Amendment to Subgrant Agreement (C04-07-326)- The Board
authorized the Chairman to sign the First Amendment to the July 27,
2004 Subgrant Agreement C04-07-326 between the County and
Council on Aging of St. Lucie Inc., to make it consistent with the
amendment recently approved between the County and the Florida
Commission for the Transportation Disadvantaged Rural Area Capital
Equipment Support Grant Amendment # 1- Contract ANN08.
4. ADMINISTRATION
A. Board of Adjustment- The Board ratified Com. Smith’s appointment
of Ms. Andrews to the Board of Adjustment.
B. Agreement with American Engineering Corp.- The Board approved
the Agreement with AES and authorized the Chairman to sign the
Agreement.
C. Final Change Order # 9/Rodda Construction- The Board approved
Final Change Order # 9 in the amount of <$195,523>for the contract
with Rodda Construction for the repair of hurricane damage to
Tradition Stadium.
D. Request for Extension of Audit Deadline- The Board approved the of
the March 31, 2005 deadline for the County’s annual audit.
5. PUBLIC WORKS
A. Engineering Division- RFP No. 05-024- The Board approved the
short list, permission to negotiate with all three firms, and authorized
the Chairman to sign the contracts as prepared by the County Attorney
for Professional Surveying Services.
B. Engineering Division- FDOT Emergency Joint Participation
Agreement for $12,952,573.00 for repair of County Roads damaged by
Hurricane Frances- The Board approved the Joint Participation
Agreement and Resolution No. 05-101.
C. Engineering Division – FDOT Joint Participation Agreement for
$10,845,011.50 for repair to County Roads damaged by Hurricane
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Jeanne- The Board approved the Joint Participation Agreement and
Resolution No. 05-102.
D. Environmental Resources Division- The Board approved advertising
invitations for Bid for the Indian River Drive Re-vegetation project.
E. Road and Bridge- Approve an “after the fact” Equipment Request-
The Board approved Equipment Request No. EQ05-316 and the
purchase of the PC Workstation and computer program upgrade from
Advantage Sign Supplies, Inc., for a total amount of $1,939.00.
F. Engineering Division- Approval of Change Order No. 1 in the
deductive amount of ($ 629,268.25) from Work Authorization No. 1
with AshBritt Environmental- The Board approved Change Order No.
1 in the deductive amount of ($629,268.25) for a total contract price of
$11,268,356.75 to AshBritt Environmental for the removal of storm
damaged trees, uprooted stump and hazardous broken and hanging
limbs from within the rights of way.
G. Engineering Division- Approval Change Order No. 1 in the deductive
amount of ($840,644.00) from Work Authorization No. 1 with DRC,
Inc. - Change order number 1 is for adjustments to quantities and
additional services requested. DRC has collected around 330,000
cubic yards of hurricane generated material from the unincorporated
areas of St. Lucie County. Instead of hauling processed vegetative
material from the temporary debris staging and reduction site to the
Okeelanta Florida Crystals for disposal, this material was spread over
our abandoned onsite landfill. This method approved by the
Department of Environmental Protection, resulted in a reduction in the
overall cost of the project- The Board approved and authorized the
Chair to sign Change Order No. 1 .
6. CENTRAL SERVICES
A. FPUA Water Service/Annexation Agreement Dollman Park-East- The
board approved the FPUA Water Service/Annexation Agreement-
Dollman Park East for the City of Ft. Pierce and authorized the Chair
to sign the agreement,
B. Amendment No. III to Contract No. C04-04-323- Centex Rooney
Schenkel Shultz Design/Builders, L.C. Rock Road Jail expansion
project-request to increase Direct Owner Purchase Encumbrance- The
Board approved Amendment No. III to Contract No. C04-04-323 to
increase the account established for the Direct Owner Purchase
Program by $100,000.00 from the Board approved amended amount of
$3,500,000.00 to a new total of $3,600,000.00 and authorized the
Chairman to sign this amendment as prepared by the County Attorney.
C. Contract Change Order No. 1 to Contract No. C04-08-394/Sunrise
System of Brevard, Inc.- Lawnwood Stadium East and West
Bleachers Concrete Restoration- The Board approved Change Order
No. 1 to Contract No. C04-08-394/Sunrise System Brevard to increase
the contract sum in the amount of $519,705.41 and contract time an
additional ninety calendar days an authorized the Chairman to sign this
change order as prepared by the County Attorney.
D. Change Order No. 3 to Contract C03-05-492- Paul Jacquin & Sons-
Walton Road Annex- The Board approved Change Order No. 3 to
Contract No. C03-05-492 Paul Jacquin & Sons, Walton Road project
to increase the contract sum $141,864.22 and contract time 119 days
for a completion date of 3/31/05. The Board approved an additional
$71,473.78 to cover other necessary items for the Walton Road Annex
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and use available funding in Other Public Building-Impact Fees in the
amount of $213,339.00 for these changes and authorized the Chairman
to sign the Change Order as prepared by the County Attorney.
7. PURCHASING
A. Approval of Bid Waiver and Ratification of Emergency Purchases
from Hurricane Frances/Jeanne- The Board approved 1) ratification
of the 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) ratified the
County Administrator’s approval of the list of emergency purchase
orders, credit card purchase and authorized the Chairman to sign the
contracts as prepared by the County Attorney.
B. RFP No. 05-028- Catering Services for St. Lucie County Centennial
Celebration (Reject all proposals) - The Board approved rejecting all
proposals and approved re-advertising the RFP.
C. Bid No. 05-026- Purchase of One street sweeper- The Board awarded
Bid No 05-026 to the lowest responsible and responsive bidder,
Environmental Products of Florida Corp., for the total amount of
$173,976 and authorized the Chairman to sign the contract as prepared
by the County Attorney.
D. Second Extension to Contract No. C03-04-293 with Ranger
Construction Industries Inc.,- - The Board approved the second
extension to contract C03-04-293 with Ranger Construction for the
purchase of Asphalt Type S3, Type S1 and Asphalt Stickler for the
patching and repairing of public roads in St. Lucie County and
authorized the Chairman to sign the extension as prepared by the
County Attorney.
E. Second Extension to Contract C03-04-295 with Ranger Construction -
The Board approved the second extension to contract C03-04-295 with
Ranger Construction for the purchase of asphalt millings and
authorized the Chairman to sign the extension as prepared by the
County Attorney.
F. Second extension to Contract No. C03-04-294 with Dickerson Florida
Inc.,- The Board approved the second extension to contract C03-04-
294 with Dickerson Florida (secondary vendor) for the purchase of
Asphalt Type S3, Type S1 and Asphalt Stickler for the patching and
repairing of public roads in St. Lucie County and authorized the
Chairman to sign the extension as prepared by the County Attorney.
G. Permission to advertise an RFQ for Professional Electrician Services-
The Board approved advertising an RFQ for Professional Electrical
Contractors.
H. Permission to advertise an RFQ for Professional Roofing Contractors-
The Board approved advertising an RFQ for Professional Roofing
Contractors.
I. Award of RFP No. 05-021- Architectural Services Continuing
Contract- This item was pulled.
J. Approval of Budget Amendment BA No. 05-150 and Equipment
Request EQ No. 05-315 for lawn maintenance equipment for Rock
Road Jail Facility and the Steve Roberts Administrative Building -
The Board approved budget amendment No. BA 05-150 and
equipment request EQ No. 05-315 lawn equipment for $23,567.00.
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K. Amended Schedule “A” for Contract C03-02-208 with Municipal
Software Corporation- The Board approved amending Schedule A to
contract C03-02-208 with Municipal Software Corporation for the
CityView licenses and authorized the Chairman to sign the amended
Schedule “A” as prepared by the County Attorney.
8. UTILITIES
A. Change Order No. 2 AWM Construction, Inc.- The Board approved
Change Order No. 2 for AWM Construction Inc., for an extension of
160 days to the contract for the Dry Storage Building at the S.
Hutchinson Island Wastewater Treatment Facility.
B. Approval of Final Payment Application and Release of Retainage-
The Board approved the Final Payment Application and release of
retainage with AWM Construction Inc., for work completed for the S.
Hutchinson Island Wastewater Treatment Plant dry storage building in
the amount of $20,846.00.
C. Work Authorization with LBFH- The Board approved a Work
Authorization with LBFH for consulting services related to the
preparation of an Alternative Water Source Grant application for
submittal to the S. Florida Water Management District in the amount
of $4,900.00.
9. HUMAN RESOURCES
Indian River Community College Training Program- The Board approved the contract
with IRCC and authorized the Chairman to execute the contract.
10. GROWTH MANAGEMENT
Draft Resolution No. 05-033- The Board approved Draft Resolution No. 05-033 subject
to the conditions contained therein, approving the request of Peter Ingraldi for a Major
Site Plan to allow the construction of a 160,067 sq. ft. of general industrial space to be
known as First Source Commerce Park.
CA-1 PARKS AND RECREATION
Repair of pool filtration system and gutter recirculation Paradise Park pool- The approve
waiving the bid process and reprogrammed $50,440.00 budgeted for the pool heater and
pool resurface accounts respectively, and awarded a contract to Ultimate Pools Inc., in
the amount of $110,440. to repair the Paradise Park pool, and authorized the Chairman to
sign the contract as drafted by the County Attorney.
CA-2 ADMINISTRATION
Criminal Justice Coordinator position- The Board approved the recommendation made
by the Public Safety Coordinating Council and staff to create the Criminal Justice
Coordinator’s position.
CA-3 CENTRAL SERVICES
Installation of Electric and Plumbing on the North and West Docks at the St. Lucie
County Historical Museum- The Board approved the installation of plumbing and electric
on the north and west docks at the St. Lucie County Historical Museum by Triple K
Plumbing (#P2512207) at a cost of $45,289.00 and M. Page C.C. (#P2512209) at a cost
of $150,140.00 restoring these docks back to their pre-disaster condition.
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REGULAR AGENDA (1-1250)
5.A Engineering Division- Navajo Avenue South MSBU Initial Public Hearing-
Potable Water Improvements FPUA- Consider staff recommendation to adopt
Resolution No. 05-114 creating the Navajo Avenue South MSBU; approve the
preparation of an Interlocal Agreement with the City of Ft. Pierce and the Fort Pierce
Utilities Authority; and authorize the County Engineer to proceed with the engineering
and design of the project.
It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05-
114, and; upon roll call, motion carried unanimously.
5.B GROWTH MANAGEMENT (1-1523)
Staff presented a report on the planning efforts for the area bounded by Orange Avenue
on the south and Angle Road on the north and east I-95 on the west.
The Planning Manager stated he had attended a neighborhood meeting hosted by the
developers of the Jenkins Road South PUD held on Friday, March 11, 2005. The
meeting was held at Domenic’s Restaurant at 4:30 p.m. and was generally well attended
by the residents of the area. The non-resident large land holders he was advised later were
in attendance, but did not request acknowledgement of their presence.
Issues discussed at the meeting were of two general types; those concerning impacts on
existing individual properties, and those concerning impacts and opportunities for the
larger area.
The developers seemed willing to address the concerns of the immediate neighbors and
agreed to several site plan modifications in order to better integrate into the existing
community. These modifications are reflected in the site plan to be presented on
Tuesday, April 5, 2005.
Issues of planning for the area surrounding the proposed project were more difficult to
deal with. The attendees generally agreed that additional access should be provided to
the area. He heard no objections to the extension of Jenkins Road north to intersect with
Angle Road at Keen Road. Several suggestions for east/west connections were also
discussed.
No specific solutions for recreational opportunities including trails and park sites were
discussed. Overall drainage for the area was also not addressed.
Since the meeting, he has continued to discuss these issues with the developer’s
representatives several options to address the referenced issues have been explored.
Com. Coward asked staff in terms of how this basic conceptual plan they have laid out
merges with the pending development proposals in that area, how do they see the process
working? Do they anticipate the developers coming through a PUD process that has two
steps a preliminary conceptual first step and then as that individual plan goes forward, it
has to conform to this broader plan we are assembling and then once conform to that
neighborhood plan, they come back to the Board for PUD approval for them to proceed?
The Planning Manager stated he anticipates any large project in this area would come to
the county as a PUD . A PUD does provide for the preliminary and the final steps.
Preliminary at Planning and Zoning and before this Board, then ultimately a final and
with anything they may have like this, and if the Board is in agreement with it any
developer who may walk in for any parcel on here, they would be able to say, “staff has
already discussed this with the Board and they have some opportunities and they wish to
discuss them at every step through the process and he then would return to the Board and
report on any subsequent PUD, where they are, and they matched up to what he has
called opportunities today”.
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As they come in, staff will suggest to each developer that they contact the neighborhood.
Com. Coward asked if they wanted to have the individual developers facilitating these
meetings or if local government should be sponsoring the event. He tends to lean
towards the latter. He believes the Board, as the neutral body should be the facilitator.
Com. Craft concurred with Com. Coward and stated the Board should take the lead.
Com. Hutchinson stated she did not have a problem with this request, however, she felt
the developers should have initial contact with them outside of the Board.
Com. Coward concurred and stated he would like one small planning effort facilitated by
the Board, working with everyone who is interested and refine the conceptual plan so
there is a basic street network, recreational areas identified with possible trails, and
pedestrian facilities.
The Planning Manager stated they would work with the developers.
Com. Coward stated if staff needed to bring someone in to facilitate this issue he asked
they do so.
No action required.
5.C GROWTH MANAGEMENT (1-1974)
Application of Lennar Homes, Inc., for Final Planned Unit Development approval for he
project to be known as Bent Creek- Consider staff recommendation to approve Draft
Resolution No. 05-032 with 8 limiting conditions.
The Planning Manager reviewed the project. There are two recommended changes to the
conditions. Condition number 3 they would like to change the words “ building permit”
to “certificate of occupancy”. Condition number 4 the developer requested this change,
“prior to the recording of any plat containing dwelling units”.
Ms. Cynthia Angelos, attorney for the petitioner, addressed the Board on this item.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05-
032 as amended, and; upon roll call, motion carried unanimously.
5.D GROWTH MANAGEMENT (1-2269)
Consider the petition of Adonel Concrete to allow the operation of a concrete
manufacturing facility to be known as Adonel Concrete in the IH zoning District-
Consider staff recommendation to approve Draft Resolution No. 05-028 to allow the
operation of a concrete manufacturing facility located at the western terminus of
Environment Drive in the IH zoning district.
Mr. Craig Sherrar, attorney for Adonel Concrete addressed the Board on this project.
Com. Coward questioned the ingress and egress for this project.
The Board was advised a PD&E study was being conducted in the area by the county to
look at the corridor .
Com. Coward asked staff as the PD & E moves forward and it may or may not warrant a
turning lane, how do they have the landowners contribute their fair share.
Com. Hutchinson stated her concern was Midway Road and they are presently
purchasing right of way to expand into a four lane. She has had conversation with both
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City Mayors with regard to funding from 25 St. to Milner and they both are willing to
consider it.
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Com. Coward stated at this point they would need to grant approval with some type of
contribution. If this site is going to demand a turning lane to provide Public Safety, they
need to have each of the landowners working with the county to make it happen. He
stated in his opinion, the Board needed to approve this contingent on that contribution.
The County Attorney suggested crafting generic language that would require the
developer/owner to pay a fair share contribution towards the turning lane and if it is
creditable towards impact fees then it can be done if it is determined this way, and if not
they would look at the engineering aspects of it.
It was moved by Com. Coward, seconded by Com. Craft to approve Resolution No. 05-
028 with the language as recommended by the County Attorney regarding fair share
contribution and thanking Mr. Garcia for his cooperation, and; upon roll call, motion
carried unanimously.
5.E. GROWTH MANAGEMENT (1-2777)
Consider the petition of Mo-Jo Entertainment, Inc., for a Conditional Use Permit to allow
the retail sale of distilled and undistilled alcohol (liquor store) in the CG Commercial ,
General Zoning District for property located at 6682A South U.S. Highway No. 1- Draft
Resolution No. 05-025.
Mr. John Shuler, General Manager, Mo-Jo Entertainment, and Mr. Alan Simon, President
of Mo-Jo Entertainment and Attorney, were present to answer any questions the Board
may have.
It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 05-
025, and; upon roll call, motion carried unanimously.
5.F GROWTH MANAGEMENT (1-3270)
Consider the petition of Mo-Jo Entertainment, Inc., for a Conditional Use Permit to allow
the operation of a drinking place free standing (nightclub) in the CG Zoning District
Draft Resolution No. 05-026.
Unidentified resident addressed the Board in favor of this petition. She stated
entertainment is needed in the county. Presently they drive south for any entertainment.
Mr. Ryan Pinell, St. Lucie Square Plaza business owner, addressed the Board in favor of
the nightclub.
Dee, Salon owner in the plaza addressed the Board in favor of this project.
It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05-
026, and; upon roll call, motion carried unanimously.
5.G GROWTH MANAGEMENT (2-209)
Consider Draft Resolution No. 05-016 granting Preliminary Planned Unit Development
approval for he project to be known as Jenkins Road South PUD, for property located at
the northwest corner of the intersection of North Jenkins Road and Floyd-Johnson Road
subject to 6 limiting conditions.
The County Attorney suggested if the Board has issues that come up between preliminary
and final, they incorporate additional conditions.
Com. Lewis disclosed she had spoken with the attorney for the petitioner.
The balance of the Board disclosed they had discussions with the representatives.
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Mr. Albert Moore, attorney for the developer, addressed the Board and stated his client
did not have any objections to providing additional right of way for the western end of
the project as requested by staff.
Mr. Moore stated the developer he is representing is willing to pave Jenkins Road to the
northern most point to the east side to the end of the development and also west of the
property line as well. The access point that makes the most sense or the second access
that will be necessary is the extension of Jenkins Road. However, the problem he has
encountered is the owner of the property has not agreed to do that.
Mr. Moore advised the Board of his discussion with Ms. Hensley from the School Board
concerning the possibility of linking with Westwood a road they have that runs along
Angle Road. There is only one access point to the school and it has been this way for
some time. There is an emergency point owned by a landowner to the east of their
development, and he allowed them access in and out of the area. However, if that area is
sold and developed, that permission may go by the way side. He tried to work something
out with the school board where the county could get a second point that the county could
have when developing starts moving in there will be a second ingress and egress.
Ms. Hensley directed Mr. Moore to meet with Marty Sanders and had a discussion of a
second route. It was his preference to allow them to have a right of way or to allow who
ever develops have a right of way to build that road on the westward edge of Westwood.
Com. Coward stated he was really pleased that they were working on the street network
but questioned how does this site plan tie into it.
Mr. Moore stated he is suggesting if the property to the east goes ahead does the road
from the northeastern west point of the property over to the school board property and
comes up that gives access to that development as well as the development to the east.
Com. Coward stated the site plan he has before him now, shows only one ingress and
egress. He would like to see the site plan greatly improved with not only one access
point. They are encouraging developers to come in with multiple accesses.
Com. Coward stated he felt this was a lousy site plan and does not feel comfortable
approving this site plan but would like to have the ability to conceptually approve what is
being proposed but not have the site plan done and having the neighborhood plan
scramble to play catch up afterwards. They need to be planning the broader issues and
then have the plan be consistent with the neighborhood plan. He is willing to work with
the developers in accomplishing this, but is not willing tonight to approve what he
considers a deficient site plan. Not only the traffic issues, but the neighbors also.
He asked the County Attorney about adding some language.
The County Attorney stated this definitely had to be done because as the code is written,
once you approve the preliminary plan, the test on finalist is consistency with the
preliminary. Unless they do something, they will be locked into the plan.
Mr. Moore stated Com. Coward is entitled to his opinion, however, he would take issue
that the only thing that has been done to protect these neighbors was the berm and he
would like to be able to present this before the Board makes a decision.
Com. Coward stated he appreciates the fact the developers are trying to work with the
neighbors, he just does not like the site plan.
Mr. Moore advised the Board the builder has agreed to deed restrict 14 homes along the
southwest side. He also advised the Board of the benefits they are bringing to the
community.
Ms. Christine Tally, Johnston Road resident, expressed her concern with too many
houses utilizing one access . She stated she would also prefer the development be built
one house per acre.
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Mr. William Tally, area resident, stated the road would be a private road not a public road
and they do not want the traffic on their road.
Com. Coward stated the zoning permitted at the present time is what they are allowed to
do today, but there is a land use designation that is in the comp plan.
Mr. Dan Kubachek, building a home in the area, advised the Board he is concerned with
the developers dictating what they want in the area and is afraid they may go to zero lot
lines. He stated he does not agree with the deed restrictions on the 14 homes.
Com. Coward advised those present of his conversation with Mr. Kubachek on this topic.
Com. Smith also disclosed his conversation with Mr. Kubachek earlier today.
Ms. Susie Caron, addressed the Board and asked they deny this request for obvious
reasons (Emerson Estates issue).
Mr. Ralph Johnson, area property owner addressed the Board and stated they have been
waiting 25 years for Jenkins Road to be paved and have waited many years for property
value to increase so they could sell their property. He is in favor of the project.
Mr. Henry Hooker, property owner addressed the Board in favor of the project. He has
been struggling with property values for some time. He believes any issues can be
rectified.
Mr. Jay Maycumber, Indrio Road resident, addressed the Board and stated this project
resembles Emerson Estates/Waterstone, a project they have had to deal with for some
time and he sympathizes with those in the area.
Ms. Sarah Johnson, seller of property, addressed the Board and stated her property was
land locked and they had agreed to give right of way to Westwood if the property was
sold.
Mr. Moore addressed the Board and stated his client has agreed to continue to work with
the county and would like to be given a conditional approval with the number of units as
indicated of 328.
Com. Hutchinson addressed various corrections on the staff report.
Com. Coward stated he is looking for a way to move forward with these folks in a way
that acknowledges that growth is going to happen in this area but is done is a well
planned fashion that takes into consideration the quality of life the residents have talked
about. He is looking to staff for guidance on how this can happen without locking the
county into an approval of a certain plan.
Com. Hutchinson stated she was struggling on the fact that there are some developers not
coming to the table and she is not sure how to deal with this as far as it relates to the
planning.
The County Attorney stated they could craft something along the lines of a unit approval
but with a clear indication that there is not site plan approval of a specific site plan that
would require the developer to come back to the Board with an acceptable site plan at
final.
The Planning Manger stated the standard for final is substantial compliance with the
preliminary. Short of having something fairly specific at preliminary it is hard to
measure at final. Without specific direction as to where we are headed it would difficult
to measure did we get there at a final PUD hearing.
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The County Attorney suggested indicating conceptually approving the PUD from a
density stand point, but reserving the right to approve both the preliminary and final at a
subsequent date so we are not locked into a specific site plan.
Com. Lewis stated she does not see how they can give preliminary approval when final
approval is going to be judging if it is substantially the same. She has concerns with
access and other issues, and stated “what is not right, is not right” and maybe action
should be deferred and it should be sent back to the drawing board. She is not
comfortable approving conceptually.
Com. Craft concurred with Com. Lewis and commended the developer in scheduling
meetings with the surrounding resident, however, he felt they were looking at Emerson
Estates again and in his mind it is not there yet. It is better than the first plan, but what he
would like to see is to go back and take a look at the concerns brought forth today and
move forward and have a true neighborhood plan.
Mr. Tony Palumbo, builder, requested a verbal approval associated with the site plan as
far as set backs, lot sizes, density mix with townhouses, set number of single family
homes. They are willing to work with residents and with the county and would like to
find a way to move forward.
Mr. Dorin, addressed the Board and advised them why they needed the verbal approval
and stated they have been stagnant for 6 months and need to move forward.
Com. Hutchinson asked what they plan to do, if the county is to continually wait for
someone to come to the table nothing is ever going to get done. There will not be any
improvements at any stage. She agrees with the Board that there is a lot of work that
needs to be done on this site plan, and there has been a great improvement. If the
willingness is there to sit down and work with staff and if they come back with a site plan
in a month for a conceptual to go into a final, she would be willing to do this to make
sure everyone is on the same page, then they should have a better feel as to where the
roads should go and all this needs to be looked at.
The County Attorney suggested continuing this issue to a time and date certain to allow
the developer to present a revised site plan.
Mr. Palumbo stated in one month they will not be here due to certain contract conditions.
It was moved by Com. Craft, seconded by Com. Lewis, to table this issue for 2 months,
giving the applicant time work with staff as well as the Board to define a street network
that would work for the area, as well as improvement to their particular project; June 7,
2005 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, the vote
was as follows; Nay’s: Hutchinson, Coward and Smith, Ayes; Lewis and Craft, motion
denied by a vote of 3 to 2.
It was moved by Com. Smith, seconded by Com. Coward, to deny this application, and;
upon roll call, the vote was as follows: Aye’s: Coward, Smith Craft, Nay’s: Lewis,
Hutchinson, motion to deny carried by a vote of 3 to 2.
The Board requested information come back to the Board on how to handle the issue.
The applicant requested being available to come back and reapply without waiting for the
requisite time frame and asked if the Board could vote on this request.
The County Attorney stated he needed to look at the code provision.
Com. Coward stated he did not have a problem with this request but asked it come back
at the end of the meeting after he has reviewed the code.
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5.H GROWTH MANAGEMENT (3-0332)
Consider Draft Resolution No. 05-027 granting Preliminary Planned Unit Development
approval for the project to be known as Rocking Horse Ranch- PUD.
Mr. Jeff Barquette, engineering firm for the project, advised the Board he was present to
answer any questions the Board or the public may have.
Mr. Jay Maycumber, 8680 Indrio Road asked what they were going to do with the area
around the Charrette. He asked for the plan to be modified to keep in tune with the
Charrette Master Plan for the area.
Ms. Pamela Hammer, Reserve addressed the Board and stated she had voted against this
project. This project does not have plans to take water and sewer to the site. There may
be 160 units on well and septic and she would feel a lot better if the present zoning stayed
in place (1 acre) rather than one half acre per site.
Com. Coward stated he was not impressed with the plan it was a cookie cutter plan and
he does not see a benefit to the re-zoning.
The Planning Manager advised the Board there is no street network to link into this
project.
Com. Coward stated this was not what they were trying to promote for this area.
Com. Hutchinson asked if the Board had to ability to condition this project to hook up
when the water and sewer utilities become available.
The County Attorney stated they could make it an added condition.
Com. Craft commented on the open space and stated if they were significantly scaled
over in the lakes, he would like to see it scaled back and making it more of a green area.
Com. Hutchinson stated she did not wish to see the two lakes near Johnston Road made
smaller.
It was moved by Com. Craft, to deny this petition on the grounds he felt it does not fit the
future plans of the area and does not agree with having 160 homes in septic and well
water.
Motion died for lack of second.
Com. Hutchinson stated she would like the conditions added that there be an interlocal
agreement made with the water districts and that hook up of utilities be mandatory once
they become available.
Com. Coward stated this project was not compatible with the agriculture zoning
surrounding areas and is not in agreement with the plan.
It was moved by Com. Craft and seconded by Com. Coward for the reasons as
previously stated;
At this time the applicant requested a continuance on this project rather than a denial, so
they can continue to work with staff for the next 30 days.
Com. Craft withdrew his motion at this time.
It was moved by Com. Coward, seconded by Com. Smith to continue this item for 30
rd
days, May 3 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call,
motion carried unanimously.
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5.I GROWTH MANAGEMENT (3-1460)
th
Consider approving the application of South 25 St. LLC for Preliminary Planned Non-
Residential Development Approval for the project known as Oak Alley, for property
th
located on the west side of South 25 St., north of Canal No. 102 with 3 limiting
conditions.
Mr. Dennis Murphy, Culpepper and Terpening addressed the Board and concurred with
the conditions as stated by the Planning Manager.
It was moved by Com. Coward, seconded by Com. Lewis, to approve staff
recommendation to approve approval of Resolution No. 05-034 with the conditions as
stated by the Planning Manager, and; upon roll call, motion carried unanimously.
5.J. GROWTH MANAGEMENT (3-1671)
Consider the Petition of Incom Properties, inc., for a change in zoning from AG-1 t the IL
zoning district for property located in the southeast q7adrant of the intersection of Angle
Road and Kings Highway and fronts on both Angle Road and Kings Highway, Draft
Resolution No. 05-031.
Mr. Steve Tierney, attorney for the petitioner, addressed the Board on this issue.
It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05-
031, and; upon roll call, motion carried unanimously.
5.K moved to regular # 9.
5.L. COUNTY ATTORNEY (3-1939)
Petition for Abandonment – Abandon a portion of a 30ft., right of way in Sec. 4,
Township 34, Range 39 Resolution No. 05-126- Consider staff recommendation to
approve Resolution No. 05-126 and instruct staff to publish the final notice of
Abandonment, record Resolution No. 05-126 Proof of Publication of the Notice of Intent
to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of
the Notice of Abandonment in the Public Records of St. Lucie County.
Com. Craft stated he would prefer to place a hold on this until the Charrette is complete.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05-
126, and; upon roll call, the vote was as follows: Nay: Craft, Aye’s: Coward, Smith,
Lewis, Hutchinson; motion carried by a vote of 4 to 1.
6. ADMINISTRATION (3-2277)
Utility Regionalization Task force - Consider staff recommendation to appoint
Commissioner Craft to the Utility Regionalization Task Force.
It was moved by Com. Smith, seconded by Com. Lewis, to appoint Com. Craft, and;
upon roll call, motion carried unanimously.
7. PUBLIC WORKS (3-2880)
Change Order No. 2 in the amount of $3,209,403.09 Indian River Drive Middle Project
and authorize the Chairman to sign.
It was moved by Com. Craft, seconded by Com. Lewis, to approve Change Order No. 2,
and authorize the Chairman to sign, and; upon roll call, motion carried unanimously.
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8. PUBLIC WORKS
Change Order No. 2 in the amount of $3,642,725.65 Indian River Drive South Project
and authorize the Chairman to sign.
It was moved by Com. Craft, seconded by Com. Lewis, to approve Change Order No. 2
and authorize the Chairman to sign, and; upon roll call, motion carried unanimously.
9. GROWTH MANAGEMENT (3-2957)
Consider Draft Resolution No. 05-029 granting Major Site Plan approval for the project
to be known as Emerson Commercial Center (Glassman Holding LLC) for property
located at the northwest corner of the intersection of Emerson Avenue and Indrio Road.
The Planning Manager addressed the letter received by the Regional Planning Council.
Ms. Cynthia Angelos, attorney for the petitioner, addressed the Board on this issue and
reviewed the comp plan and stated all the conditions as required by staff have been
agreed upon by the applicant and presented the exhibits to the court recorder and stated
the memorandum by the Regional Planning Council leads the Commission down the path
of violating the law.
Mr. Steph Mathis, Culpepper and Terpening gave the dates of the traffic study conducted.
The Board discussed the parking area for the project.
Com. Coward stated he did not like so much asphalt in the parking and maybe the
petitioner could save monies by cutting it down.
Ms. Angelos stated the parking was required by code and the concern would be, she
would recommend to the client that if it is something they could live with, that they work
with the Commission. She has a legal concern that they are losing vested rights unless
some sort of findings is made tonight stating they are conforming with the comp plan and
the code.
The Planning Manager stated they could cut back on the parking, still showing it on the
site plan just in case at a future date we determine it really was needed and it could be put
in place.
Ms. Susie Caron Indrio Road resident, addressed the Board and stated she does not see
this project to be compatible with any of the surrounding business in the area. She asked
the road study be reviewed. The project is in close proximity to the Vero area and she is
sure traffic from Vero will be coming into the site and the roads cannot handle such a
project.
Mr. Jay Maycumber, Indrio Road resident, addressed the Board in opposition to the
project that will be located across the street from his home.
Mr. Charles Grande, Hutchinson Island area, stated Glassman Holdings have been
cooperative in the past and asked the petitioner to hold back until the new Charrette specs
come out and asked if they would be willing to re-design the project under the new
specifications.
Mr. Russakis, area resident, addressed the Board and stated he was in favor of the project,
however, the intersection needs improvement, Emerson has been re-aligned and the road
is not straight. He felt the intersection should be signalized and the road improved.
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Mr. Craig Mundt, North Hutchinson Island resident, reviewed the Code and Comp Plan
and asked the developer to reach accommodation with residents.
Ms. Angelos read the conditions of approval as required and stated the question for the
Board is whether they are going to follow the law or not.
Com. Coward stated there is ability within the Board to shape the form of this
commercial site and asked if they had the ability to continue this for two weeks to try and
improve this plan to make it better. He is aware they do not have the ability to deny
commercial development.
Com. Coward would like to take the time to review the traffic study, the parking area,
additional buffering.
Ms. Angelos asked if they do this in good faith, she wants to confirm on the record that
there will not be an ordinance proposed or passed while they are pending and nothing out
there will be approved. Also she would like assurance there will not be a moratorium
imposed while they are working with the county in good faith.
The County Attorney stated the county has never imposed a moratorium for this Board
and there is a process a moratorium would need to go through and two weeks would not
be sufficient time.
Com. Hutchinson stated the issue tonight is the layout of this plan and believes in two
weeks it can be resolved.
Ms. Angelos recommended to the applicant they continue this issue in two weeks.
The representative for the applicant stated some concerns they would have waiting the
time requested due to prior results in previous projects, but will be back in two weeks
It was moved by Com. Coward, seconded by Com. Craft to continue this item on April
19, 2005 at 6:00 p.m. or as soon thereafter as possible bringing back the items in
question, additional buffering, the impact study, reduced parking on site, road
connections discussed, and possible size reduction of project, and; upon roll call, motion
carried unanimously.
Com. Hutchinson requested Board consensus on the Joey’s (Infant Eye Care Bill) support
and has been asked to send a letter.
It was the consensus of the Board to approve this request.
There being no further business to be brought before Board, the meeting was adjourned.
___________________________
Chairman
_____________________________
Clerk of Circuit Court
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