HomeMy WebLinkAboutBOCC Minutes 01-18-2005
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
________________________________________________________________________
__________
Date: January 18, 2005 Convened: 6:00
p.m.
Tape: 1-5 Adjourned: 11:35
p.m.
Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug
Coward, Chris Craft, Joseph Smith
Others Present: Doug Anderson , County Administrator, Ray Wazny, Asst. County
Administrator, Fay
Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public
Works Director, Randy Stevenson, Asst. Growth Management Director, Paul Phillips,
Airport Director, Roger Shinn, Central Services Director, Ed Cox, Growth Management
Director, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES (1-027)
It was moved by Com. Smith, seconded by Com. Coward, to approve the minutes of the
meeting held January 11, 2005; and, upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATION
The County Administrator read upcoming events and schedule meetings.
3. GENERAL PUBLIC COMMENTS (1-1119)
Mr. Chris Humphreys, area resident, addressed the Board regarding the loud music
coming the Skatetown.
Com. Smith addressed the issue after visiting the home of Mr. Humphrey. He stated it
was an issue of loud base noise being heard and felt by Mr. Humphrey.
The County Attorney reviewed the history of the noise ordinance. The revised ordinance
sets standards at decibel levels as well as vibration levels.
Mr. Humphrey stated the existing noise ordinance is not working as it should.
The County Attorney stated he would review the standards and also review the standards
of the surrounding counties and get back to the Board with the results.
Mr. Paul Schall, Ft. Pierce resident, addressed the Board in support of the Indian River
Drive restoration project.
Mr. John Arena, Ft. Pierce resident, commented on the televising of the BCC meetings
and asked why the meetings are not broadcasted as often when they have long
discussions on development issues.
4. CONSENT AGENDA (1-600)
It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent
Agenda; and, upon roll call, motion carried unanimously.
1. WARRANT LIST
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The Board approved Warrant List No. 16.
2. COUNTY ATTORNEY
A. Lennard Road MSBU- Permanent Drainage Easement- Patti Joyce
Kane –Resolution No. 05-034 Accepting Permanent Drainage
Easement- The Board approved Resolution No. 05-034.
B. Resolution No. 05-035 Extending the State of Emergency for
Hurricane Frances; and Resolution 05-036 Hurricane Jeanne- The
Board approved Resolution Nos. 05-035 and 05-036.
3. AIRPORT
A. Award Bid 05-008- to Commercial Fence Contractors Inc. ,for fencing
at the St. Lucie County International Airport- The Board approved
awarding bid 05-008 to Commercial Fence Contractors in the amount
of $123,957.92.
B. Award Bid 05-008 to install perimeter fencing at the Lucie County
International Airport- The Board approved awarding bid 05-008 for
the installation of fencing to Commercial Fence Contractors in the
amount of $159,322.92.
4. SHERIFF’S DEPARTMENT
Permission to apply for FDLE/Alcohol Testing Program- Intoxilyzer 8000- Phase III
grant- The Board approved the request to apply for the FDLE Intoxilyzer 8000 Phase III
grant and authorized the Chairperson to sign the required grant applications documents.
5. GROWTH MANAGEMENT
Request of Packers of Indian River for final plat approval for the project to be known as
Packers of Indian River Replat one- The Board approved the final plat of the Packers of
Indian River and authorized its final execution.
6. INFORMATION TECHNOLOGY
Approval of additional Analyst position, Job Code 547, Pay Grade 20, to be jointly
funded by Mosquito Control District and Public Works Code Compliance Division for
the remainder of FY 2004/05- In FY 2005/06 the Analyst will be fully funded by IT-
The Board approved an additional Analyst position PS05-808 in the amount of $43,000
from the date of hire through September 30, 2005.
7. ADMINISTRATION
Replacement of existing audio recording devices for BOCC - The Board approved
replacement equipment for digital audio recording and archiving, approved Budget
Amendment # 05-119 and EQ05-279, EQ 05-280 and EQ 05-281.
8. CENTRAL SERVICES
A. Amendment No. 1 to Contract No. C04-04-323 Centex Rooney
Schenkel Shultz Design Builders, LC- Rock road Jail Expansion
Project- The Board approved Amendment No. 1 to Contract No. C04-
04-323 to increase the Direct Owner Purchase Program by $500,000
from the original amount of $3,000,000. to a new total of $3,500,000
and authorize the Chair to sign as prepared by the County Attorney.
There will be no increase in cost to the project.
B. Change Order No 8 to Contract No. C03-06-452- Administration
Building Addition/Barth Construction Inc., - The Board approved
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Change Order No. 8 to Contract No. C03-06-452 to increase the
contract sum in the amount of $3,858.00 and authorized the Chairman
to sign the Contract Change Order as prepared by the County
Attorney.
9. PUBLIC WORKS
A. Jenkins Road Emergency Repair- Repair of water/sewer line caused
by a subcontractor in County right of way- The Board authorized
proceeding with Jenkins Road Emergency Repairs in the amount of
$50,000.00 and authorized the Chairman to sign.
B. Approval of Work Authorization # 3 with Kimley Horn & Associates
for the preparation of Bid Documents for improvements at the
intersection of US 1 & Indrio Road, and permission to advertise for
bids- The Board approved Work Authorization # 3 in the amount of
$2,999,00 and authorized the Chairman to sign the Work
Authorization and granted permission to advertise for bids for this
project.
REGULAR AGENDA (1-953)
5. PUBLIC HEARINGS
A. Grey Twig Lane M.S.B.U.- Second Public Hearing- Potable Water
Improvements, PSL Utilities- Consider staff recommendation to adopt
Resolution No. 05-007 to levy a non-ad valorem special assessment on
the Grey Twig Lane M.S.B.U. approve the attached preliminary
assessment roll; approve funding the project through the In-House
Revolving Loan Fund, and authorize staff to proceed with construction
of the project.
It was moved by Com. Craft, seconded by Com. Smith, to adopt Resolution No. 05-007,
and; upon roll call, motion carried unanimously.
B. Environmental Resources Division- Consider Draft Ordinance No.
05-007 (formally known as 04-008) amending the St. Lucie County
Land Development Code by amending Chapter 6.00.00 Vegetation
Protection and Preservation to provide for a series of general
amendments updating, clarifying and amending the County’s
Vegetation Protection and Preservation Standards and regulations; and
amending Section 11.05.06 Vegetation Removal Permits to provide for
clarification of the procedures in regard to the issuance of a Vegetation
Removal Permit.
Mr. Paul Schall, area resident, addressed the Board and stated he felt the property owners
were being charged double when they are required to mitigate for tree removal.
Mr. John Donahue, Government Affairs, Chamber of Commerce, addressed the Board in
support of the changes.
Mr. Eric Haney, area resident addressed the Board and asked they consider, what he
understands is a potential appeal for the ag moratorium for building and with the recent
Canker spotting in northwest St .Lucie County, that maybe this be a factor and it be
considered as something that does not fall into that blanket moratorium as he would call
it an “act of God”, it would be something to consider in the future.
Mr. Jay Macumber Indrio Road, addressed the Board and asked they consider the
mitigation people being able to buy other land to provide their mitigation. Some are
buying high value land within the Urban Service Boundary and are replacing it with low
value land outside the Urban Service Boundary, this can be a real issue. He asked they
consider some comparable value in that equation.
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Mr. Charles Grande, Hutchinson Island, advised the Board of the many large ag property
owners had representatives at the meeting and they contributed to the revisions of the
ordinance.
Com. Craft stated he would still maintain the existing agriculture operations be changed
to 5 years. His reasoning being that there is more than enough property in existing grove
operations which can be utilized by developers. He would like to prohibit existing lands
being stripped to put new agricultural areas in when we have many citrus grove owners
looking to sell to developers.
Com. Coward stated he concurred going to the 5 year. The issue is preventing
agricultural lands from being stripped of natural land through the exemption clause and
then being converted into a non-agricultural use.
Con. Coward suggested the five years, but having a clause where the Board has the
ability to revisit the issue under a natural disaster.
Com. Smith asked if a compromise of 4 years would be agreeable to the Board members.
Com. Craft stated we have plenty of agricultural land and there is no need to strip any
more land of native vegetation to say that it is for agricultural reasons.
Com. Coward stated while agrees with Com. Craft he would agree to double existing
exemption from 2 to 4 in order to move forward.
Com. Smith stated he would be amenable to the 4 year recommendation.
Com. Hutchinson stated she would prefer to stay with the 3 years as recommended by the
Community and its efforts of full year of meetings.
Com. Lewis stated she feels the 3 years is reasonable however, she would agree to the 4
years if that seems to be a point where the Board can agree.
Com. Coward asked for more discussion on item B-1 page 13 regarding the 25% set
aside. He stated they may be putting in extra hurdles which may preclude the county from
utilizing this option.
Com. Coward stated the would like to come up with a reasonable perimeter that would
allow for the larger DRI projects to still work with us on setting aside 25% which is the
most preferable option.
Staff stated the smallest environmentally significant land site is about 50 acres. If t the
Board would consider 50 acres this seems to be a site that is ecologically functioning.
Com. Coward concurred.
Com. Lewis requested clarification on this issue and asked if he was looking at a habitat
preservation clause of less than 15% or 50 acres.
Com. Coward asked if the Board felt this was reasonable.
The County Attorney stated the Board may wish to consider adding the words
“whichever is less” after the 15% or 50 acres. He also stated regarding the natural
disaster clause, the Board may want to see some standard which can be applied
uniformly that is straight forward and understood by everyone. He suggested using the
standards which are in the land development code for granting a variance which talk
about it cannot be a self created hardship and the Board may want to add the words, “ a
natural disaster”. The variance cannot injure or harm surrounding properties, it must be
the minimum variance that would make reasonable use of the land, it has to be consistent
with the spirit of the Comp Plan. If the Board is inclined to move forward and adopt
some sort of standard that would allow the Board to waive the 4 year or 3 year, he
suggested they try to tie this into section 10.01.02 this is the standards for granting
variances. The language which can be added is, “ The BCC may grant a variance from
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the 4 year requirement if the applicant demonstrates that a variance is appropriate under
the standards of 10.01.02.
It was moved by Com. Coward, seconded by Com. Craft, to approve Draft Ordinance No.
05-007 with two specific amendments, the Ag exemption which is 60003 D2 moving the
3 years to 4 and also adding the language outlined by the County Attorney regarding the
variance waiver procedure, and on page 13, 3B1A to add to additional flexibility
language to read “or 50 acres whichever is less”, and; upon roll call, the vote was as
follows: Aye’s; Coward, Smith Craft, Lewis; Nay; Hutchinson; motion carried by a vote
of 4 to 1.
(1-2483)
C. Growth Management – Consider Draft Resolution No. 05-009
approving the petition of Covenant Investment Properties, LLC (Laura
R. Sivalia, Agent) for a change in zoning from CN to CO zoning
district for property located 1205 West Midway Road.
Com. Hutchinson advised the Board that she had received a letter from the White City
Improvement Club in support.
It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 05-
009; and upon roll call, motion carried unanimously.
RA-1 ADMINISTRATION (1-2765)
Resolution No. 05-040- Extension of the Maturity Date of the County’s Improvement
Revenue Note, Series 2004 (Land Acquisition)- Consider staff recommendation to
approve Resolution No. 05-040 as drafted.
It was moved by Com. Craft, seconded by Com. Lewis to approve Resolution No. 05-
040, and; upon roll call, motion carried unanimously.
(1-2808)
D. Growth Management – Application of Lennar Homes, Inc., for
Preliminary PUD approval for he project known as Bent Creek-
Consider approval of Draft Resolution 04-221 which would grant
Preliminary PUD approval to the Bent Creek project as amended.
Com. Coward advised the Board and those present of his contact with Mr. Waldman as
well as the Land Use Attorney, Ms. Angelos.
Com. Hutchinson advised the Board and those present of her contact with Ms. Angelos
and also the residents of Hartman Road.
Com. Lewis, Com. Craft and Com.. Smith, also confirmed having contact with the
representatives of the project.
Ms. Cynthia Angelos, Attorney for the applicant, addressed the Board.
Ms. Angleos stated, Lennar Homes will be dedicating an additional 10 feet to the County
which will create a 50 ft. beginning of a right of way for Swain Road should the County
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in the future decide to utilize Swain Road as an access to Orange Avenue. There is also a
40 ft. landscaped buffer between the project and Sandalwood development. Also the
developers are contributing an additional $490 per home above the impact fees to the St.
Lucie County School Board, as well as $154.00 per home up and above the impact fees to
the Fire District.
Ms. Connie Meschu, property owner on Swaine Road asked the Board recognize the fact
they own the property on Swain and the north side of White Way Dairy Road. They wish
to have on the record that this property would need to be acquired by the County from
them. They are against the closing of White Way Dairy Road since it is their access to
the property.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Draft Resolution
No. 04-221 as amended to include the all weather shelter, the crossing on Peterson Road,
the FPUA loop system, the roundabouts, the dedication of the park to the County when
asked, the voluntary agreements with the School Board, the Fire District and North St.
Lucie River, and; upon roll call, motion carried unanimously.
(2-620)
E. Growth Management- Consider Draft Resolution 05-008 granting
Preliminary and Final Planned Unit Development Approval and
change in zoning from RS-3 and RM-5 to the PUD- Celebration Pointe
for property located at the southwest corner of the intersection of
North Jenkins Road and Peterson Road and the conditions contained
therein.
Mr. Bob Raines, attorney for the petitioner, addressed the Board.
Com. Coward advised the Board and those present of his contact with Mr. Raines.
Com. Lewis, Com. Hutchinson, Com. Smith and Com. Craft all acknowledged meeting
with the representative.
Com. Coward stated he would like to see this developer work with the other developers
in the development of Peterson Road and this has not been addressed.
Mr. Tony Maharis, United Homes stated they do not have any problem in working with
staff in construction of the road from Jenkins to their property.
Mr. Greg Boggs, Thomas Lucido & Associates, reviewed the project and advised the
Board the project does not need to utilize White Way Dairy Road.
Ms. Connie Meschue, 1401 Swaine Road, addressed the Board in opposition to the
project.
Mr. John Odom, 1611 Jenkins Road resident, addressed the Board regarding the project
and stated he purchased property to protect himself from development and asked if the
project could use a different area for their entrance . He would like for them to eliminate
one of their southern entrances to their project.
Mr. Pat Langel, area resident, addressed the Board and expressed her concern with the
traffic the project would generate. He lives at the northwest corner of the project and
asked a 10ft. wall be placed between himself and the project.
Mr. Cardozza, President United Homes, addressed Mr. Langel’s request and stated they
proposed 1 story homes in the area.
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Mr. Tony Maharis, United Homes stated they had adjusted their site plan to have a 250 ft.
buffer between their structure and Mr. Langel’s home.
Mr. Arden Rudd, 1011 S. Jenkins Road resident, asked if a traffic signal would be
installed at Jenkins and Peterson Road.
Mr. John Donahue, LBF&H, the traffic engineers stated that the current level of service
would not be exceeded. They did a signal warrant study at both Orange Avenue and
Okeechobee Road. The reports came back both intersections would be functioning
properly with this development. The traffic study did indicate that as you are traveling
southbound on Jenkins, a left hand turn lane would be needed at both entrances and as
you head northbound on Jenkins, a right turning lane would be necessary into the
Southern entrance of the development.
It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05-
008, to include the additional requests made and obligations the Board asked from the
developer regarding Swain and Peterson Roads having minimum standards in place for
not only the roadway but also for the pedestrian system (reflecting the agreement where
the developer stated they would financially contribute to Peterson Road and at the
minimum, the construction for Peterson and Swain would not only be the roadway, but
the pedestrian system also ), and; upon roll call, motion carried unanimously.
6. PUBLIC WORKS
Lakewood Park Stormwater Design of Capital Improvements- Consider staff
recommendation to approve to negotiate with Hazen & Sawyer Engineers for a proposal
to provide design and permitting of Phase 1,2,& 3 for capital improvements to Lakewood
Park Stormwater.
It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation,
and; upon roll call, motion carried unanimously.
7. AIRPORT (3-332)
St. Lucie County International Airport Part 150 Study Group Recommendation-
Consider staff recommendation to approve the recommendation of the Airport Part 150
Study Group for inclusion in the St. Lucie County International Airport Part 150 Noise
Study Update.
Ms. Lisa Waters with the MEA Group made the presentation.
Com. Coward stated he would like to review the issue further with the Growth
Management staff.
No action necessary.
8. GROWTH MANAGEMENT (3-1763)
Staff provided a report on the meeting held on Friday, January 14, 2005 between
Waterstone Development and affected residents.
The Asst. Growth Management Director reviewed the memo issued by the Asst. County
Administrator on January 14, 2005 as a summary of the outstanding issues. (see
attachment # 1).
Mr. Hugh Evans outlined the response to each of the issues. (see attachment # 2) as well
as the revisions to the plans.
Ms. Susie Caron, 8500 Indrio Road resident, addressed the Board regarding the following
issues:
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1) illegal berm (mulch) this has been rectified
2) rental issues – residents are opposed to rental of units
3) resident is proposing a 15ft. solid concrete/block wall all the way
to Emerson
Com. Coward stated he would prefer to have natural buffer as opposed to a stone wall if
he lived in the area.
Ms. Caron stated it would take 5 years to fill in the buffer with the trees meanwhile they
would be able to see the development and they do not wish to see it or hear it. If a
hurricane strikes again next year, then they would be back to square one.
Com. Craft stated he believed the developer proposed two or three times the vegetation
Ms. Caron is speaking of .
Mr. Evans stated he did not have a problem raising the fence to 8 ft. if he could get a
variance so that they could get up to the 14 ft. level.
Com. Craft stated as opposed to a concrete wall, he felt what is being proposed even
though 5 years down the line, long term is much better. It will leave a much better
finished product.
Ms. Caron stated she did not trust what is being promised.
Com. Smith questioned what the solid buffer would mean to the developer.
Mr. Evans stated structurally the wall is a very expensive project. He is not prepared to
answer this question tonight. They will be coming back in February with a full
landscaping plan.
Com. Coward stated he cannot support abandoning the new existing concept proposed by
the developer for the buffer.
Com. Craft stated he suggested an 8ft. fence on top of the 4 ft. berm which is 3 ft. shy of
what Ms. Caron is requesting in height with additional vegetation.
Mr. Evans said they would have to apply for a variance but did not see a problem, they
could maintain a 14ft. minimum in the area.
Com. Smith stated a wall would give the residents a sure height number opposed to not
being sure if it will be 12ft.,14ft. or 15ft.
Com. Coward assured Ms. Caron that they would not be waiting 5 years since the
developer is placing substantial size trees in the area. If the developer does not adhere to
the minimum standard, they will continue to close the job down.
Mr. Frank Stewart, area resident, addressed the Board and stated he would prefer a
vegetation and tree buffer opposed to a wall. He also asked if the developer was going to
replace the trees on his property that were destroyed.
Mr. Evans stated they would be replacing the trees that were destroyed.
Mr. Jay Macumber, 8680 Indrio Road resident stated he understood the reluctance of the
Com. Coward to construct a wall and suggested a possible combination of a concrete wall
and a berm.
Com. Coward stated he would work with the developer if he was willing to place the
money he would spend on a wall towards substantial size trees in the area.
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Timothy Gillias, Partner/Waterstone project addressed the Board on the design and
permitting side of the project and it is not about the money, but the engineering effort it
would take to do all the changes and asked the Board to consider their side.
Com. Hutchinson questioned where they would be working while the berm is being
constructed.
The developer stated he would like to continue the construction of the utilities. They
would like to propose ruff in the berm and while that is being done they can work on the
lift stations. He would like to do a 500ft run at one time.
The developer continued to point out on the map of their intent.
The County Attorney suggested conceptually approving the plan and directing staff to
work with the developer and the residents to bring back a formal modification to the PUD
with more specificity landscape plans, profiles, phasing plan that shows the berm will be
built first, all the details that are important and in the plan which would leave little doubt.
Mrs. Stewart addressed the Board with her concerns with the berm should she decide to
build another house or sell a piece of her property.
It was moved by Com. Coward, seconded by Com. Craft, to move forward with the
conceptual plan to include the modifications as discussed i.e. minimum fence height 14ft,
minimum height trees of 12ft., and have the more detailed plan brought back to the Board
for modifications through the PUD process with the understanding they are attempting to
achieve a minimum of 14 ft., and maximize landscaping with mature trees along the
property line and attempt to replace the damaged trees to the maximum extent possible,
these things would be part of the conceptual approval which they would expect to see in
the formal plans brought back to the Board;
The developer asked that this be considered a minor PUD modification opposed to
having to go through the advertising process again for the PUD amendment and also that
the Board address the ability to go back to work.
The County Attorney stated they would everything they can to not have this come back
unnecessarily if it can be done as a minor they will attempt to make sure that happens and
also suggested lifting the work order.
The Contractor addressed the work area where they need to start.
Mr. Gillias stated they would like to work on the two lift stations the outfall structure and
while this is going on, submit the plans with the details of the berm so that there can be
authorization to go ahead and start framing in the berm and create the separation so that
they can work the balance of the site.
He requested for the purpose of the meeting to put in the two lift stations, the outfall
structure until they submit the plans for the berm.
Com. Coward asked if they would stay 500ft. from the south property line.
Mr. Gillias said this was reasonable except for the outfall.
Com. Coward asked the County Administrator be given the ability to issue a stop work
order independently from the Board if the developer does not follow what has been stated
by the Board.
The Contractor asked if they were to cease on the berm.
The Board instructed the Contractor to cease any work on the berm until all has been
finalized.
Mr. Evans stated they should be able to put in the plans one day next week.
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Com. Hutchinson requested the plans also be made available to the residents.
It was moved by Com. Coward, seconded by Com. Craft, to approve in concept the
overall plan include some modifications as stated, the minimum height on the fence of
14ft., the trees to be substantial in size, minimum 12 ft., the 500ft. set back from property
line for all construction with the exception of one outfall station to the southeast corner
and also giving the County Administrator to initiate a stop work order independent of the
Board should any violations occur of items discussed;
Mr. Evans stated he wished to submit the landscaping plan for review from the architect
to staff and if the Board does not agree it can be changed, otherwise he agrees with all
requested by the Board.
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
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