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HomeMy WebLinkAboutBOCC Minutes 02-15-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 15, 2005 Convened: 6:00 p.m. Tape: 1-3 Adjourned: 9:34 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Chris Craft, Doug Coward Joseph Smith, Paula A. Lewis, absent in Tallahassee on County Business 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, Ed Cox, Growth Management Director, Mike Bowers, Utilities Director, Randy Stevenson, Asst. Growth Management Director, David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-027) It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held February 8, 2005; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATION A. Resolution No. 05-047 Proclaiming February 20, 2005 through February 26, 2005 as Engineers Week in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- 047, and; upon roll call, motion carried unanimously. Mr. David Andre, Treasure Coast Chapter of the Engineer Society was present to accept the proclamation. B. Resolution No. 05-048- Proclaiming February 19,2005 through February 26, 2005 as Future Farmers of America Week in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Smith, to approve Resolution No. 05- 048, and; upon roll call, motion carried unanimously. C. St. Lucie County Health Department requests the Board of County Commissioners proclaim February 20, 2005 as Step Up Florida Days in St. Lucie County, Florida. D. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (1-0454) Mr. Bill Hammer, Reserve resident, addressed the Board and provided information on A New Partnership for Growth Management he obtained from the Department of Community Affairs website. Mr. Bill Hearn, Indrio Road resident, addressed the Board and congratulated the Board on the use of equipment at a mobile home park and the removal debris from the areas. Ms. Susie Caron, Indrio Road resident, thanked the County Administrator for sending a letter to the contractor in her area. She has not had any problems in the last two weeks with the contractor violating any direction from the Board. 1 Mr. Herbert Beach, White City resident, addressed the Board regarding Consent Agenda item C4A and stated he was in favor of the plaque being placed on the Rasmussen House. Mr. John Arena, Ft. Pierce, advised the Board of a documentary aired on The Discovery Channel regarding the Mega Yacht Industry. Ms. Arlene Goodman, White City resident, also thanked the Board for the placement of the plaque on the Rasmussen House. 4. CONSENT AGENDA (1-1596) It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda to include CA-1,CA-2 and CA-3; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No, 20. 2. COUNTY ATTORNEY A. Resolution No. 05-062 Extending the State of Emergency for Hurricane Frances; and Resolution No. 05-063 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-062 and Resolution No. 05-063. B. Surfside Harbor Property Donation- Carmen Bauman- Parcel ID 2413- 501-0200-000/4 Lots 5 thru 21- Resolution No. 05-065- The Board approved the Warranty Deed, authorized the Chairman to sign Resolution No. 05-065 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. C. The Board approved Historic Resources Survey and Historic th Preservation Ordinance- 6 Amendment to May 7, 2002 Agreement th with Janus Research and authorized the Chairman to sign the 6 Amendment. D. Airport Hangar Sublease- The Board approved the Assignment of Sublease Agreement from Joan R. High to WMRC Properties, LLC. 3. PUBLIC WORKS A. Road and Bridge Division- The Board approved EQ05-296, BA05- 128, the purchase of 15 Generators in the amount in the amount of $25,740.00 and granted permission to advertise an invitation for bid for the purchase of the 15 generators, and an additional 80 traffic control equipment items in the amount of $6,480 from Econolite Control Products, inc., using funds made available from the JPA Grant 101215. B. 30” Gerber Plotter- The Board approved the emergency purchase of a new 30” Gerber Plotter to fill Equipment Request EQ295 for $9,971 for the Road and Bridge Division’s Sign Shop from Advantage Sign Supply Inc. 4. ADMINISTRATION A. Bronze Plaque- The Board approved the installation of a bronze plaque on the Rasmussen House to recognize the donation by Neal S. keys to St. Lucie County. 2 B. Re-appointment of Michael Bausher to the Library Advisory Board- The Board approved the re-appointment of Michael Bausher as the BCC At Large appointment to the Library Advisory Board. 5. UTILITIES A. The Board approved the Work Authorization with LBFH, Inc., for engineering/consulting services for the design and recommendation for a new potable water booster system to serve Bryn Mawr Ocean Towers on North Hutchinson Island in the amount of $35,150. . B. The Board approved the Work Authorization with Mastellar & Moler, Inc., for engineering services related to the Fairgrounds project for the extension of a 24” and 12” water main from the Fairgrounds along Midway Road to I-95/Florida Turnpike in the amount of $254,000. 6. AGRICULTURE The Board approved the reclassification from RC –05-015 changing the 4-H Program Specialist and increasing the Pay Grade to 16 . The specialist would support Mosquito Control in their educational outreach program. 7. GROWTH MANAGEMENT A. Research & Education Park- This item has been pulled. B. Major Adjustment to Site Plan /Southern Eagle- The Board approved Draft Resolution No. 05-015 which granted a major adjustment to a major site plan as submitted. C. Request of N.G.G. Point LLC, final plat approval / Las Palmas- The Board approved the final plat of Las Palmas S/D and authorized its final execution. D. Oceans Four Development Corp.- The Board approved the final plat of Lone Pine S/D and authorized its final execution. CONSENT AGENDA ADDITIONS CA-1- ADMINISTRATION- The Board ratified Com. Lewis’ appointment of Dennis Keeler to the Code Enforcement Board. CA-2 ADMINISTRATION- The Board approved Com Smith’s appointment of Allen Miller to the Library Advisory Board. CA-3 ADMINISTRATION- The Board approved Com. Coward’s appointment of Cynthia Angelos to the Environmental Advisory Board. REGULAR AGENDA 5. PUBLIC HEARINGS GROWTH MANAGEMENT (1-1626) A. Consider Draft Ordinance No. 05-003 (formerly No 04-012) the St. Lucie County Historic Preservation Ordinance and direct staff to apply to the State of Florida for designation as a Certified Local Government. 3 The Assistant County Attorney addressed the Board on this issue and the revisions. Com. Coward stated he did not receive a copy of the revision. Com. Hutchinson asked the Board to entertain the idea of accepting public comments tonight and continue this meeting. Com. Coward stated he had conversations with various property owners who would be affected by this Ordinance and felt this ordinance was not quite right as presented. He requested additional work be done and advocated an additional public meeting. He believes they need to up hold preservation but also consider property rights as an equal balance. St. Lucie County Planner, Diana Waite, advised the Board she had mailed 454 letters to those who are identified as part of the 2003 historic survey, eligible or potentially eligible for listing on the local register which is the subject of the ordinance. The ordinance itself does not place any structures on it tonight it creates a mechanism to place structure or archeological sites on the register. The Board would have final approval of any property placed on that commission and the property would be able to object the property being placed on the list. Com. Coward stated there are other things that can be done as opposed to regulatory approach and lack of consent. The Asst. County Attorneys stated the language must remain in the ordinance in order for the County to qualify for the local certification status. The Consultant, Janus Research, addressed the Board’s questions regarding the language in the ordinance. Ms. Kirsha Lee Roberts, White City Mercantile Store, addressed the Board and provided the procedure for historical designation. Mr. Bill Blazak, Culpepper and Terpening addressed the Board regarding a client’s property and structure included and listed in the St. Lucie County Historic Resources Survey of 2003. He stated the structure had late construction and was noted not to meet the significant threshold but was still assigned a number. It was noted it was not eligible due to the lack of historical association and the lack of distinct architecture after a cost of $5,600 for an architectural review. He wanted to know how this managed to be registered with the state when the homeowner never received a letter advising him of this status. He is concerned with the accuracy of the resource. Sherry Piland, Historic Preservation officer for West Palm Beach addressed what she felt were some misconceptions on the master site files and stated they were only for information purposes and the numbers assigned is only for the purpose of filing and being able to pull them up. The Secretary of Interior Standards address recommended treatments and treatments that are not recommended, they are not hard and fast rules it is a matter of interpretation. Mr. Bill Furst, property owner addressed the Board regarding a letter he received . The property has a house on it over 50 years old and cannot imagine why they would want to preserve it, it has been remodeled many times. Mr. Neil McKenzie, 2796 U.S. # 1 owner, Dixie Summerlin House, addressed the Board in opposition to the ordinance. The home is his source of income. Ms. Lucille Wright, member of the Historical Society, addressed the Board regarding this issue and stated in years past historical homes had marked plates on the front of the 4 house, however, nothing has been done with those marked properties. She urged the Board to keep the archeological zoning and protect the structures. Ms. Linda Hayes, property owner, White City area, addressed the Board with her concerns on property rights and stated she did not understand the full ramifications of the ordinance. Ms. Anne Brady, Historic Preservation Agent for the City of Ft. Pierce concurred with the comments made by the Historic Preservation Agent from West Palm Beach. Mr. Herbert Beach, White City resident, addressed the Board in favor of the ordinance and asked the Board consider a moratorium on demolition of buildings 50 years and older. Mr. Walt Reader, resident, advised the Board he received notification about this ordinance 5 days ago and stated it should be the decision of the property owner if they which to be under the ordinance. Ms. Lisa Nelson, White City resident, addressed the Board in favor of the ordinance and stated without the ordinance, residents do not have the ability to protect themselves. Mr. Craig Smith, resident, stated he lived in a home built 100 years ago, and asked the Board look at this issue as if they were the homeowners and encouraged participation by homeowners. Ms. Arlene Goodman, White City resident, advised the Board she has not received any notification about this ordinance. Ms. Faye McKenzie, addressed the Board in opposition to the ordinance. Com. Coward stated we are able to draft an ordinance and still protect property rights. Com. Hutchinson stated she would like to see a list of specific sites prioritized with “A” or “B” ratings. Com. Coward commented on the list sent to the state which triggerd a consequence to the property owners and felt any list should be further refined at the local level before submitting it to the state. Com. Hutchinson commented on what would be triggered with the certificate of dig when a property owner applies for a pool permit and stated this has her concerned. Com. Coward stated he would like to hear from the Historical Commission addressing what other avenues the Commission has to try and promote Historical Preservation besides the ordinance. It was the consensus of the Board to schedule a work session with the public and the property owners within the next 30 days and return to the Board with a report and re- advertise the hearing. No action taken. COUNTY ATTORNEY (2-2405) B. Newsracks/Request to Continue Public Hearing- Consider staff recommendation to continue the public hearing on March 15, 2006 at 6:00 p.m. or as soon thereafter as possible. It was moved by Com. Coward, seconded by Com. Craft, to continue the public hearing on March 15, 2005 at 6:00 p.m. or as soon thereafter as possible; and, upon roll call, motion carried unanimously. 5 (2-2472) C. Petition for Abandonment – Consider staff recommendation to approve Resolution No. 05-064, instruct staff to publish the final Notice of Abandonment, record Resolution No. 05-064 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. It was moved by Com. Smith, seconded by Com. Craft to approve Resolution No. 05- 064, and; upon roll call, motion carried unanimously. GROWTH MANAGEMENT (2-2798) D. Consider staff recommendation to approve Draft Resolution No. 05- 013 to define a Class A Mobile Home as a detached single family dwelling unit to be located at 12901 Orange Avenue. It was moved by Com. Smith, seconded by Com. Craft to approve Resolution No. 05- 013, and; upon roll call, motion carried unanimously. (2-267) E. Consider staff recommendation to approve Draft Resolution No. 05- 014 to define a Class A Mobile Home as a detached single family dwelling unit to be placed on 0.25 acres of land located at 2823 Iroquois Avenue in the RS-4 Zoning District- Petition of Richard Pawlus. Mr. Richard Pawlus, petitioner addressed the Board on this issue. Mr. Cody Bailey, area resident, addressed the Board in opposition. Mr. Robert Rossbury, Iroquois Avenue resident, questioned the structure not being placed on a permanent foundation. He advised the Board of his opposition to this request and expressed his concern with the possible depreciation of the neighboring homes. Ms. Christine English, Iroquois Avenue resident, addressed the Board in opposition to a mobile home being placed in the area. Ms. Roberta Miner, area resident, addressed the Board in opposition and does not want to be looking at a mobile trailer in the area. Ms. Kathleen Rosenthal, Iroquois Avenue resident, addressed the Board in opposition. Com. Coward stated he would not support this request due to there being a real difference between a mobile home and a single family home in his opinion. Com. Hutchinson stated she too could not support this request. It was her opinion the mobile home was not in character with the existing neighborhood. It was moved by Com. Craft, seconded by Com. Coward to deny Resolution No. 05-014, and; upon roll call, motion carried unanimously. 6 F. Consider Draft Resolution No. 05-018 approving the petition of Frank W. and Sandra F. Lagana for a change in zoning from IX to RM-5 . At the January 6, 2005 public hearing, the Planning and Zoning Commission by a vote of 7 to 0 with two members absent, recommended approval of the applicant’s request for a change in zoning. This item was pulled prior to the meeting re-scheduled for March 1, 2005. G. Consider Draft Resolution No. 05-020 approving the petition of First Haitian Baptist Church for a change in zoning from RS-4 to RF . This item was pulled prior to the meeting re-scheduled for March 1, 2005. H. Consider Draft Resolution No. 05-017 approving the request of Tarmac Aggregates Block Cement Operations for a Major Adjustment to the Existing Conditional Use for Property at 4199 Selvitz Road. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- 017, and; upon roll call, motion carried unanimously. I. Consider Draft Resolution No. 05-019 approving the petition of Doug Phillips, for a Conditional Use Permit to allow for a child daycare facility in an existing church educational building at the Oleander Church of God in the I zoning district. This item was pulled prior to the meeting. J. Consider the petition of Lennar Communities for Preliminary and Final Planned Unit Development and rezoning for a project to be known as Silver Oaks PUD. This item was pulled prior to the meeting- rescheduled for March 1, 2005. 6. PUBLIC WORKS Engineering Division- Consider Change Order No. 1 in the amount of $1,728,163.00- Indian River Drive South project and authorize the Chairman to sign. It was moved by Com. Craft, seconded by Com. Smith, to approve Change Order No. 1; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. _______________________ Chairman ______________________ Clerk of Courts 7