HomeMy WebLinkAboutBOCC Minutes 07-12-2005
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: July 12, 2005 Convened: 2:00 p.m.
Tape: 1-5 Recessed: 2:30 p.m
Reconvened: 6:00 p.m.
Adjourned: 11:55 p.m.
Commissioners Present: Chairperson, Frannie Hutchinson, Doug Coward, Paula A.
Lewis, Joseph Smith, Chris Craft
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Heather Young, Asst. County
Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director,
Ed Parker, Purchasing Director, Jim David, Mosquito Control Director, Pete Keogh,
Parks and Recreations Director, Marie Gouin, M & B Director, Roger Shinn , Central
Services Director, David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy
Clerk
1. MINUTES (1-024)
It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the
meeting held June 28, 2005, and; upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATION
A. A Wings and Wheels update was given by Allen Wierman
B. The County Administrator read up coming events.
3. GENERAL PUBLIC COMMENTS
Mr. Steve Romain, President of the Friday County Mens Golf League, addressed the
Board and addressed the changes in fees and handicap play and the cart path only rule.
The Golf Course Professional from Fairwinds, addressed Mr. Romain’s questions.
Mr. Bob Bangart, Conservation Alliance addressed the Board and stated he was very
proud of the Charrette plan presented.
4. CONSENT AGENDA (1-404)
It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent
Agenda, to include CA-1 and CA-2, and; upon roll call, motion carried unanimously.
1. WARRANTS
The Board approved Warrant List No. 40 and 41.
2. COUNTY ATTORNEY
A. Resolution No. 05-286 extending the State of Emergency for
Hurricane Frances and Resolution No. 05-287 Extending the State of
Emergency for Hurricane Jeanne- The Board approved Resolution
No. 05-286 and Resolution No. 05-287.
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B. Ordinance No. 05-027- Permission to advertise- The Board approved
advertising Ordinance No. 05-027 for public hearing on August 2,
2005 at 6:00 p.m.
C. Revocable License Agreement- Mr. Joseph Sexton, Sr.- Encroachment
in Drainage/Utility Easement- The Board approved the Revocable
License Agreement authorized the Chairman to sign the Revocable
License Agreement and directed Mr. Sexton to record the document in
the Public Records of St. Lucie County, Florida.
D. Contract for Sale and Purchase- Indrio Savanna Parcel 170- The Board
approved rejecting the Contract for Sale and Purchase with Ms.
Chadwick, Ms. Howes, Ms. Loftus, Ms. Dipeitro based on the offer
Being out of range of value of the appraised value.
E. Permission to advertise- Ordinance No. 05-026- The Board approved
Advertising Ordinance No. 05-026 for a public hearing on August 2,
2005 at 6:00 p.m.
F. Bear Point Mitigation Bank- Credit Purchase Agreement- The Board
approved the proposed Bear Point Mitigation Bank Credit Purchase
Agreement with Destin Beach, Inc., and Ft. Pierce Waterfront
Terminals, LLC and authorized the Chairman to sign the agreement.
3. PARKS AND RECREATION
A. St. Lucie County School Board Fee Reduction- The Board approved the
School Board’s request for a reduction in fees for the rental of the Adam’s
Ranch Equestrian Arena and approved a total fee of $2,000. for its May 22-27,
2006 graduation rehearsals and ceremonies.
B. Resolution No. 05-261- The Board approved adopting Resolution No. 05-261
to increase golf fees rates, establish new criteria for golf league play and to
create a policy or no-shows and cancellations as they relate to advance
booking of tee-times.
C. Adams Ranch Equestrian Arena Seat numbers- The Board approved the use of
$15,579.79 from the left over water purification line dollars to fund the
addition of section markers and seat numbers and authorized the Chairman to
sign the contract as drafted by the County Attorney.
4. SHERIFF
A. FEMA Trailer Camp Reimbursement- The Board approved the Sheriff’s
Budget Amendment and transfer of funds in the amount of $217,808.
B. Livescan Workstation Grant Application- Request to Apply- The Board
approved the Sheriff’s Office request to apply and accept the Florida
Department of Law Enforcement’s Livescan Workstation Grant and
authorized the Chairman to sign the required documents.
5. CENTRAL SERVICES
A. Centex Rooney/Schenkel Shultz- Rock Road Jail Expansion Project Contract
Change Order No. 3- Contract # CA04-04-323- The Board approved Change
Order No. 3 to the contact with Centex Rooney/Schenkel Shultz to increase
the contract time fifteen days for the North Building ( Bldg # 1) to provide a
substantial completion date of July 29, 2005 and sixteen days for the South
Building (Bldg # 2) to provide substantial completion date of September 7,
2005 and authorized the Chair to sign the Change Order as prepared by the
County Attorney.
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B. Approval to use Rock Road Jail expansion contingency funds in the amount of
$23,875 for installation of phone lines and data lines in the new jail pods- both
North and South buildings- The Board approved the use of the contingency
funds in the amount of $23,875 for the installation of phone lines and data
lines in the new jail pods and approved using Gerelcom # C003-09-681 for
this work.
C. Purchase of two spot coolers for use at various locations- The Board
approved Equipment Requests EQ05-346 & EQ05-347 for equipment
purchases in the amount of $11,060.00 for the purchase of two spot coolers
and approved EQ05-346 and EQ05-347.
6. ADMINISTRATION
A. Early Learning Coalition- Reappointment of Beth Miller for a second term-
The Board approved the re-appointment of Beth Miller .
B. Parking Lease- The Board approved the lease and authorized the Chairman to
sign the lease.
7. GRANTS
A. Authorize the acceptance of the grant- The Board authorized the acceptance
of the grant from the Florida Coastal Management Program in the amount of
$20,000. The funds are to be utilized to construct a fishing/observation pier at
Indrio Blueway Lagoon.
B. The Board authorized the submittal of a grant application to the Florida Dept.,
of Agriculture and Consumer Services, Emergency Hurricane Supplemental
Urban and Community Forestry Grant Program for $156,000 to help replace
trees severely damaged or destroyed as a result of the 2004 hurricanes.
C. The Board authorized the submittal of a grant application to the Florida Dept.,
of Agriculture and Consumer Services, Emergency Hurricane Supplemental
Urban and Community Forestry Grant Program for $40,200 to help replace
trees severely damaged or destroyed at eh County’s Fairwinds Golf Course as
a result of the 2004 hurricanes and also approved Resolution No. 05-290 to
authorize St. Lucie County to enter into a Urban and Community Forestry
Grant Memorandum of Agreement and a Maintenance Memorandum of
Agreement with the State of Florida Dept., of Agriculture and Consumer
Services, Division of Forestry.
8. PURCHASING
A. Bid # 05-048- Sale of Surplus Computer Equipment- The Board approved
awarding Bid # 05-048 Sale of Surplus Computer Equipment to the highest
bidder Creative Recycling System Co., for a total amount of $750.00.
B. Permission to advertise a Request or Proposal for Disaster Debris Monitoring
Management Consulting Services- The Board granted permission to advertise
the RFP.
C. Permission to advertise an Invitation for Bid for EIFS System Removal at
Rock Road Jail- The Board approved advertising an IFB for EIFS System
Removal at Rock Road Jail.
D. Permission to advertise a Request for Qualification for Attorney Special
Master for Code Enforcement Division- The Board approved advertising a
Request for Qualification for Attorney Special Master for the Code
Enforcement Division.
E. Award of RFP # 05-040- Concession Services- The Board approved Staff
request to negotiate RFP # 05-040- Concession Services with the following
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vendor, Mira Food Services for the Administrative Complex, authorized the
Chairman to sign the contract as prepared by the County Attorney, and reject
the proposal from Sterling Facility Services, LLC for the South County
Regional Sports Stadium and approved re-advertising the RFP for Lawnwood
Stadium and the South County Regional Sports Stadium.
F. Award RFP # 05-060- Preventative Maintenance Services for Cars and
Pickup Trucks- The Board approved awarding RFP 05-060 to Steve Barnett
and approved the Chairman signing the contract as prepared by the County
Attorney.
G. Permission to advertise for IFB for Security Camera Systems- The Board
approved advertising for IFB for Security Camera Systems.
H. Work Authorization No. 7 for Contract C03-02-235- with Hazen & Sawyer
P.C. for Capron Trail Park - The Board approved Work Authorization No.7 to
Contract C03-02-235 with Hazen & Sawyer in the amount of $78,500.00 and
authorized the Chairman to sign the Work Authorization as prepared by the
County Attorney.
9. PUBLIC WORKS
A. Accept the Florida Highway Administration Grant and Budget Resolution No.
05-271 in the amount of $10,845,011.50 (Hurricane Jeanne)- The Board
approved Budget Resolution No. 05-271 and the establishment of a budget for
grant proceeds from the Federal Highway Admin., in the amount of
$10,845,011,50 and authorized the Chairman to sign.
B. Acceptance of the Florida Highway Admin. Grant and Budget Resolution No.
05-270 in the amount of $12,952,573 (Hurricane Frances)- The Board
approved Budget Resolution No. 05-270 and the establishment of a budget for
grant proceeds from the Federal Highway Admin., in the amount of
$12,952,573 and authorized the Chairman to sign.
C. Greenacres M.S.B.U.- Potable Water Improvements –FPUA Permission to
advertise- The Board granted permission to advertise the second public
hearing to be held August 16, 2005 at 6:00 p.m. or as soon thereafter as it may
be heard.
D. Solid Waste Initial Assessment Resolution No. 05-273- Permission to
advertise- The Board granted permission to advertise a public hearing on
August 16, 2005 at 6:00 p.m. or as soon thereafter as possible, adopted
Resolution No. 05-273 a Solid Waste Initial Assessment Resolution.
E. The Board approved a reduction in the overall retainage of the Hurricane
Debris Removal Project with AshBritt Environmental from ten percent to five
percent for the remainder of the contract. Approval of the reduction in the
overall retainage will release $440,032.37 which will assist the contractor in
compensating his subcontractors and assist in finalizing the project.
F. The Board approved a reduction in the overall retainage of the Hurricane
Debris Removal Project with DRC from ten percent to five percent for the
remainder of the contract. The reduction in the overall retainage will release
#348,461.64 which will assist the contractor in compensating his
subcontractors and assist in finalizing the project.
10. MANAGEMENT AND BUDGET
Adopt Budget Resolution No. 05-278 amending Budget Resolution No. 04-381 due to
scrivener error- The Board adopted Budget Resolution No. 05-278 amending Budget
Resolution 04-381 due to a scrivener error.
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11. AGRICULTURE
Keep Port St. Lucie Beautiful Reimbursement Funds- The Board approved Budget
Resolution No. 05-276 appropriating funds reimbursed by the City of Port St. Lucie for
trees purchased for the Spread the Shade/Plant a Tree Give Away event.
12. INVESTMENT FOR THE FUTURE
A. Renovation of break room at St. Lucie West Annex- The Board approved the
use of IFF Funds –Central Services Project Reserves in the amount of $35,000
for the additional judicial space and judges’ chambers at the St. Lucie West
Annex.
B. Approval to use Central Services Capital Project Reserves- The Board
approved the use of Central Services Capital Project Reserves funds in the
amount of $15,000 for the renovation work at the State Attorney Empire
Building.
C. Approval to use Central Services Project Reserves for renovation/remodeling
of Central Services Administration Office- The Board approved the use of
Central Services Capital Project Reserve funds in the amount of $50,000 for
the renovation/remodeling of Central Services Administration Office.
D. Approval of Work Authorization with C3TS (Contract No. C03-02-247)
Architectural Engineering Services for Walton Road Annex Building- Second
floor tenant improvement- The Board approved the use of Central Services
project reserve funds in the amount of $26,295.00 for C3TS to provide
Architectural/Engineering Services through a Work Authorization Contract
No. C03-02-247.
E. Request for approval to use Central Services Project Reserves to conduct
assessment on the Civic Center. The Board approved the use of Central
Services project reserves to approve to use the vendor, Sunbelt Restoration
Inc., to conduce the assessment on the Civic Center at a firm fixed price of
$25,000 and authorized the Chair to sign the contract as prepared by the
County Attorney.
13. AIRPORT
A. Airfield Lighting Rehab- Change Order # 3 Contract Extension of Time- The
Board approved Florida Industrial Electric, Inc., Change Order No. 3 for a 63
day contract extension for the Airfield Lighting Rehab Project at the St. Lucie
County International Airport.
B. Wings and Wheels Air Military and Vehicle Show- Airport Use Agreement
Amendment- The Board approve the Use Agreement Amendment with
Treasure Coast Victory Children’s Home Inc., to conduct a Wings and Wheels
Air Military and Vehicle Show at the St. Lucie County Intl., Airport during
the final weekend of March 2006.
14. COMMUNITY SERVICES
A. Permission to advertise an Invitation for Bid to replace Request for Proposals
for Community Development Block Grant Housing Rehabilitation Projects-
The Board granted permission to advertise for an IFB to replace RFP for
Community Development Block Grant Housing Rehab Projects.
B. The Board approved the Hurricane Housing Recovery Plan in order to accept
the grant funds of $7,296,656 amendment to the SHIP Local Housing
Assistance Plan, Resolution No. 05-280 adopting the HHRP, Resolution No.
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05-285 amending the SHIP LHAP and authorized the Chairman to sign all
documents necessary to accept the funding.
15. GROWTH MANAGEMENT
The Board approved Equipment Request EQ05-343 for a Dell Laptop and rolling case to
be used solely for the new digital recording system fro the Planning Division.
CA-1. COMMUNITY SERVICES
The Board accepted the grant agreement for $3,000,000 funding from the Florida
Department of Community Affairs Disaster Recovery Initiative to fund drainage and
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sewage infrastructure installation for the 26 St., project and for various eligible CDBG
Housing Activities such as new construction, rehabilitation, acquiring property, down-
payment assistance, and replacement, and authorized the Chairman to sign all the
documents necessary for the grant.
CA-2. COUNTY ATTORNEY
Ordinance No. 05-030- Impact Fees for Public Buildings, Roads and Parks- The Board
approved advertising Ordinance No. 05-030.
REGULAR AGENDA (1-585)
THE FOLLOWING PUBLIC HEARINGS WERE HEARD AT 6:00 p.m.
5. ADMINISTRATION
Cultural Affairs Council currently has one vacant appointment- Consider staff
recommendation to select one at large appointment from the candidate applications
submitted to fill the vacancy.
Upon tally of the votes, the Board appointed Jenkins to the Cultural Affairs Council.
6. MANAGEMENT AND BUDGET (1-673)
Approval of millage rates to be submitted to the Property Appraiser and set dates for
public hearing. Consider staff recommendation to approve the following:
1. Approve millage rates as outlined on “Worksheet Analysis of Roll
Back Millage Rate for Fiscal Year 2005-06 under the column headed
“2005-2006 proposed millage”.
2. Set two public hearings on September 15 and 22 at 5:05 p.m. in the
Roger Poitras Administration Annex Commission Chambers.
3. Authorize the County Administrator to be able to modify the millage
rates between General Fund and Fine and Forfeiture Fund as long as
the total countywide millage rate stays the same. Also, authorizing the
County Administrator to transmit the millage rates to the Property
Appraiser on From DR-420.
4. Set aggregate millage at 18.45% over the rollback rate for tax year
2005.
It was moved by Com. Lewis, seconded by Com. Craft, to approve the millage rates as
presented by the Management and Budget Director, and; upon roll call, motion carried
unanimously.
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7. COUNTY ATTORNEY (1-828)
Ordinance No. 05-031 Permission to advertise- Consider staff recommendation to grant
permission to advertise Ordinance No. 05-031 for public hearing on August 2, 2005 at
6:00 p.m.
It was moved by Com. Coward, seconded by Com. Lewis, to grant permission to
advertise Ordinance no. 05-031, and; upon roll call, motion carried unanimously.
Recess: 2:30 p.m.
Reconvened: 6:00 p.m.
8.A COUNTY ATTORNEY (1-1067)
Ordinance No. 05-014- Amending Occupational License Fees to provide for a five
percent increase in the fee schedule. No action required at this time. Second public
hearing to be held on August 2, 2005 at 6:00 p.m. or as soon thereafter as it may be
heard.
No action required.
8.B MANAGEMENT AND BUDGET (1437)
This item was heard during the session held between 2:00 p.m. and 4:00 p.m.
Consider staff recommendation to adopt Budget Resolution No. 05-266 amending the
FY05 Budget to reflect the actual beginning cash balances, the revised revenue estimates,
and establishing transfers between funds.
The Management and Budget Director addressed the Board on this issue.
It was moved by Com. Craft, seconded by Com. Smith to approve Budget Resolution No.
05-266, and; upon roll call, motion carried unanimously.
8.C COUNTY ATTORNEY (1-1162)
Petition for Abandonment- Resolution No. 05-259- Abandon a portion of Dunn Road ,
Section 17, Township 36S, Range 40E- Consider staff recommendation to approve
Resolution No. 05-259 instruct staff to publish the final Notice of Abandonment, record
Resolution No. 05-259 Proof of Publication 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. 05-259
contingent upon KB Homes contacting St. Lucie County to address the landscaping
requirements in the median of St. James Drive directly in front of their property and the
Resolution not be recorded until this condition has been complied with to the satisfaction
of the St. Lucie County Road and Bridge Manager, and; upon roll call, motion carried
unanimously
8.D GROWTH MANAGEMENT (1-1318)
St. Lucie County proposing to amend the text of the Transportation Element of the
Comprehensive to add language to recognize the Florida Scenic Highway Program.
Consider staff recommendation that the Board transmit the amendment to the Florida
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Department of Community Affairs to be included in St. Lucie County’s Comprehensive
Plan.
It was moved by Com. Coward, seconded by Com. Lewis to transmit the amendment to
the Florida Department of Community Affairs to be included in the St. Lucie County’s
Comprehensive Plan, and; upon roll call, motion carried unanimously.
8.E GROWTH MANAGEMENT (1-1420)
Consider a privately submitted amendment to the Future Land Use Plan Map requested
by Jeffrey Freedman, to change land use designation of a 40 acre parcel located on east
side of S. Kings Highway, north of and adjacent to Ft. Pierce Jai Alai Fronton, from
Commercial land use to Residential Medium land use. Consider staff recommendation
not to transmit the amendment.
Ms. Sheryl Stolzenberg, Planner addressed the Board on this item.
The Local Planning Agency voted 4 to 2 not to transmit.
Quasi-Judicial- The Board members advised everyone they had conversations with the
attorney for the applicant and neighbors.
Ms. Cynthia Angelos, attorney for the applicant addressed the Board on this issue.
Ms. Angelos stated she was aware of the residents concerns regarding connectivity of the
road through their neighborhood. She also understood the main reason for the request to
deny was due to the Research and Education Park. Proposed. She felt it was ironic due to
the fact this is the very reason they thought this request would be consistent with this
location.
Ms. Angelos alluded to the letters from the School Board and asked if the Board had
received and reviewed them.
The Board affirmed the receipt of the letters from the School Board.
Mr. Dennis Murphy, Senior Project Manager for Culpepper & Terpening, addressed the
Board on this issue and reviewed the project and land use.
Com. Lewis questioned if the 3,000 trips per day noted included the commercial end of
the project.
Com. Coward questioned what staff felt were the appropriate uses to the area around the
Research and Education Park .
Com. Hutchinson stated the discussions is, the past were to make sure there was a buffer
more in the area towards the back (open fields). In the front (Kings Highway area) is
being envisioned to be mostly buildings, urban area, and the big concern on this is in and
out of the park for security reasons. There have been discussions as to whether or not
commercial is wanted in the area.
The Planning Manager stated on Kings Highway he would envision a need for
commercial beyond the corner “Starbucks”. He imagined those coming to the area
would need hotels and restaurants and some things bigger than Starbucks.
Com. Craft stated he did not wish to see Kings Highway turned into a U.S. 1. He felt
they needed to do a plan as far as to how they will mix the land use.
The County Administrator stated he met with the head of Bio-Tech and stated this was a
unique park for the state of Florida, no other one like it exists. If they move too quickly
on this and approve something not knowing what the final master plan will be, can
jeopardize the project.
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Com. Coward commented on the residential land use surrounding the park and if there
was a need to provide additional land use or if there is sufficient at this point.
The Planning Manager addressed Com. Coward’s question and stated in the Jenkins
Corridor there are two projects or 2,000 new homes coming in to that area. North of
Orange Ave., at Jenkins there is nothing approved at this point, but there is a large area
coming under consideration for housing. There is quite a lot in the immediate area.
Mr. Randy Miangold, 1799 Lakecircle, addressed the Board and stated he was interested
in what is happening in the area. He expressed his concern with the traffic build up in the
area. He is in favor of the park but is not sure they need to place all this housing on top
of him. He requested he be informed in the future of what will be taking place in the
area.
Mr. Paul Jacquin, area resident questioned the easements on Copenhaver Road.
The Planning Manager stated they are not easements, they are parcels owned, actual
frontage.
Mr. David Karrigan, 1870 Lake Circle, addressed Copenhaver being utilized to get out
once development begins. There is only one way in and one way back out. They cannot
handle the traffic on Copenhaver.
Com. Hutchinson stated the area is already zoned for houses at an RU zoning at 5 units
per acre .
Mr. George Emerson, 1850 Lake Circle addressed the traffic in the area presently and
stated if this development was approved the traffic would be massive for the area.
Mr. Marty Sanders, Executive Director Growth Management St. Lucie County School
District, addressed the letters from the School Board. He stated they currently have a 2
billion dollar need for schools over the next 10 years. This project as proposed has
additional impact on the School District. The current impact fee pays 52% of capital
needs for school construction. The School District is proposing to revise and increase by
61% for the educational impact fee only. This would raise the percentage of cost of
construction paid by the impact fee to about 63% of the total cost or capital needs from
residential construction.
The remainder of the construction funding for schools is paid through state revenues and
other local revenues. As a result of the three land use changes before the Board tonight,
they have estimated depending upon the student generation rate, a low rate of about $4
million additional capital needs over and above the impact fees to a high of about $9
million dollars.
The School District does not have available capacity for elementary school students in
District 1 where these projects are proposed. They are meeting capacity needs for middle
and high school through the use of portable classrooms.
Mr. Sanders stated they have worked with the developer and their representative, Cynthia
Angelos and they have voluntarily agreed to provide a voluntary contribution for an
additional enhancement to their capacities to mitigate the impacts to the School District.
Based on this commitment, they believe the project will not have an adverse impact on
the School District because of this additional funding.
Ms. Joan Field, Copenhaver Road resident, addressed the Board in opposition to the
project due to the traffic problem it will cause if the developer is able to use Copenhaver
Road.
Ms. Shirley Hobbs, 1701 Copenhaver Road resident, advised the Board of the guarantee
buffer zone to be provided when the Jai Alai was approved. She asked if Copenhaver
was in the overlay and why they were not notified of this project.
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Com. Hutchinson advised Ms. Hobbs that there was not an overlay and advised Ms.
Hobbs they were not within the 500 feet of the project, however if this continues to move
forward it would be expanded out for notification.
The Planning Manager stated he would make a commitment that they would notify
everyone on Copenhaver Road even before PUD if this is transmitted.
Ms. Hobbs asked if they could remove the buffer zone if it was committed years ago.
Com. Hutchinson stated she was not aware of a buffer zone being promised and all she
had to go by was the existing zoning.
Ms. Hobbs stated they were guaranteed a buffer zone and they were told when they
bought the property there was a buffer zone. The noise buffer I between Jai Alai fence
and the homes.
Com. Craft stated he did not believe they would put a buffer on property Jai Alai does not
own it would include their property only.
Ms. Hobbs asked they check into the noise buffer zone.
The Planning Manager advised Ms. Hobbs of the zoning and what is permitted on the
current zoning and also the Comp Plan shows RU it shows it is available with higher
density zoning and this is the process.
Ms. Hobbs also commented on city water in the area.
Ms. Elizabeth Knapp, area resident addressed the Board and stated the residents in area
do not want the neighborhood changed.
Mr. Dennis Murphy questioned as to what everyone really wanted to see along Kings
Highway. They fully understand that what they bring forth will have to deal what there is
to the east. The reality is the large wetland property that is not subject to this petition is
going to drive what happens to that back 40 acres. The wetlands will have a significant
affect what will happen to that area and they do not want to negatively impact the
wetlands, they are an asset. The real question as to why they are here tonight and that is
there is a petitioner to request the change 40 acres from a commercial land use
designation to medium density residential land use designation. Tonight is not the final
action. They are asking the Board authorize the petition for transmittal to the Dept. of
Community Affairs for further review and then come back to the Board.
Com. Craft stated that regardless of what happens he wants to make sure they give
multiple access points to this property. He asked if there was anyway the applicant can
wait on this to find out what they come up with as a plan with the Research Authority.
Mr. Murphy stated the process is a slow process. They have a long road to go and would
appreciate being able to keep moving as much as they can. The Research and Education
Park land use matters are moving forward and will probably come to some sort of closure
within the next 3 months which is about the same amount of time that they will be back
for an adoption hearing.
Com. Craft stated he did not wish to submit anything to the DCA that he does not intend
to adopt.
Mr. Murphy stated they would like to keep moving on with the process.
Com. Coward stated he concurred with Com. Craft and stated those in the surrounding
area should have an input as to how the area around the park should be developed. It is
too uncertain at this time and would like to do the master plan include the residents in the
process and then proceed thereafter.
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Com. Lewis stated they needed to look at Kings Highway and see what the mixes would
be. She would like to delay this transmittal until the Park plan is more complete.
The Assistant County Administrator advised the Board of the transmittal schedule for this
year.
Ms. Angelos stated if they would have the ability to be considered at another transmittal
hearing before the end of the year, they would agree to delay this petition.
The Planning Manager advised the Board they already had one adoption this year
however, they can still transmit twice this year.
Ms. Angelos asked if this could be continued to a date certain.
The Board discussed scheduling a workshop on this issue with the authority and
overview from staff finding out what they are proposing in the city area along with what
the county has there from Orange Ave. to the 95 overpass as part of the discussion prior
to the actual park itself and how we are going to pay for road improvements as well as the
land use issue.
It was moved by Com. Craft, seconded by Com. Smith to continue this hearing on
October 4, 2005 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call,
motion carried unanimously.
8.F GROWTH MANAGEMENT (2-2567)
Application of Coconut Cove, L.L.C. for Final Planned Unit Development approval for
this project. Staff finds that the requested Final Planned Unit Development is in
substantial conformity with the preliminary plan approve by the Board on substantial
conformity with the preliminary plan approved by the Board on October 19, 2004.
Consider staff recommendation to approve Resolution No. 05-144 which grants Final
Planned Unit Development approval to the project.
Com. Coward requested information on the traffic impact report and asked staff to review
the report to make sure they are meeting concurrency.
The Planning Manager stated page 11 of the staff report, condition 8, states what the
developer is required to do.
Com. Coward stated it does not say who will be paying for the improvements.
The Planning Manager stated the developer would be making that contribution and will
ask the petitioner to verify this when he makes his presentation.
Com. Coward asked if this meets concurrency right now.
The Planning Manager stated he believed it did but would need to review the traffic
concurrency rule.
Mr. Bobby Klein, Klein and Dobbins, attorney for the petitioner, addressed the Board and
stated they meet all requirements and the intersection was outside the 2 mile limitation
which is the rule in the County Code.
Mr. Klein reviewed the following items: the Resolution creating the preliminary
approval for the project, secondly, the agreement with the School District entered into
several months ago where the developer will pay $490 a unit to address the concerns
brought forth at that time, a letter from Fire Chief Seizemore an agreement entered into
with the Fire District regarding the need for a new fire station and conveying 2 acres to
the Fire District in a location that the Fire District has approved to serve the north end of
the County. A letter from Riverside Bank regarding a parcel they own and a parcel
owned by Mr. Dennis was submitted indicating neither of the parties are interested in
selling.
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Mr. Klein stated he would be happy to call his FIND contact to see if he could assist Mr.
Dennis in having access since the easements he referred to are not on file indicating he
had ownership as he once believed.
The Public Works Director addressed the Board’s questions and stated that in speaking
with Mr. Herring, Road and Bridge Manager, the criteria is the 2 mile radius and
according to our Code, if the intersection in question is more than 2 miles outside the
project boundary, it is not taken into account and this does meet the concurrency for
traffic. Also, he advised the Board the intersection at Indrio and U.S, 1 is going to be
improved by the County.
Mr. John Dennis, Hibiscus Road resident, addressed the Board and stated the information
related by Mr. Klein is correct. He does not have an existing easement to his mothers
property and asked assistance in obtaining access. He also advised the Board the
property is mainly mangroves.
Com. Hutchinson asked our legal department to research as to what can and cannot be
done regarding Mr. Dennis’ request.
Ms. Pamela Hammer, P & Z Board questioned the fire district and if the equipment for an
8 story building would be made available or if the taxpayers would be responsible for it.
Also, she asked what the concerns were by the Indian River County Commissioners
regarding this project.
Com. Hutchinson advised Ms. Hammer of a letter received by the Fire District where
they have signed off on it and also no comments were received by the Board of County
Commissioners from Indian River County. This indicates to her that all concerns have
been met.
Com. Coward stated his concern is the height of the towers. Twenty 98 ft. towers are not
compatible with the surrounding areas. He would have liked to see the project modified
and because this change was not made he cannot support the project. Also having one
primary access to such a project does not work . This project needs multiple access to the
project avoid traffic congestion.
Com. Coward also commented on the environmental lands issue requested by a former
Commissioner that has not been secured as discussed previously. He also addressed the
impact fees for the school not covering the capital needed and asked the developer to
meet the standards.
Mr. Klein stated the cost to construct public improvements is a moving target due to the
daily increase in cost and this is why they cannot come up with a figure. The project has
met all the requirements imposed upon the applicant by the Board at the time of the
preliminary approval. The improvements that were imposed upon this development as
part of the approval conditions 8,9 and 10 are the items that were done to provide the
concurrency for this project and that is all that is required by the law. With regards to the
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School Board, the agreement was entered into on March 8 and that was the prevailing
rate, $490.00 per unit and he is sure Mr. Sanders did recommend it and the School Board
signed it.
Mr. Klein stated the applicant did what he was asked to do.
Com. Craft asked if the property owners was willing to make a contribution to the
Environmental Lands Fund.
Mr. Richard Seamons, developer/applicant asked at amount of money Com. Craft was
talking about.
Com. Craft stated if he was willing to purchase the property for the county as a preserve
area, he assumes he was willing to pay a certain amount for it.
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Mr. Seamons stated neither of the property owners were willing to sell the property Com.
Craft is speaking about.
Com. Coward stated the former Commissioner was attempting to have a trade off where
some environmental lands would be secured for the Board giving the developer
additional development potential.
Mr. Seamons stated he did not believe this was the former Commissioner’s intention. He
stated there were two 15 acre parcels which constitute the 30 acres and the Commissioner
said, “it would be a good idea if we could attach that to the property to enlarge the size of
the conservation area.
Mr. Seamons stated he had spoken to the Bank and to Mr. Dennis’ mother and neither
were willing to sell and he advised the Commissioner of this.
Com. Lewis disclosed speaking with the applicant.
It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 05-
144 which grants Final Planned Unit Development for the project, and; upon roll call, the
vote was as follows: Nay: Coward, Aye’s: Craft, Lewis, Smith, Hutchinson, motion
carried by a vote of 4 to 1.
8.G GROWTH MANAGEMENT (3-1674)
Consider a privately submitted amendment to the Future Land Use Plan Map requested
by Vero Vista Center LLC to change land use designation of 46 acre parcel located on
east side of U.S. 1 approximately 1/8 mile south of the St. Lucie Indian River County line
from Commercial land use to Mixed High Ridge land use subject to limitations of
specified sub area policies. Consider staff recommendation to transmit the amendment.
Mr. Bobby Klein, Klein and Dobbins, representative for petitioner addressed the Board.
Com. Coward stated this project was trying to emulate some of the progressive issues
raised in the North County Charrette and he will not let his disappointment in the last
project preclude him from trying to push forward with what he felt was going to be a
good project. Nonetheless, when we look at changes to land use, we must look at the
impacts on our community and one of those is the school system. One of the issues is to
raise the voluntary contribution until we can get the impact fees in line so that we are not
creating a greater shortfall to the School Board. He agreed they need some language
stating they are requiring the developer/s to meet the standard that is being set by the
School Board even if it is preliminary today.
Com. Hutchinson stated she did not have a problem with that what so ever, her problem
is if there was a specific amount, this is where she starts to get uncomfortable, until they
have something adopted through a recommendation of the School Board .
Com. Coward stated the basic issue was brought forth by Com. Smith that it was not the
lower amount from before but the higher amount they are trying to fine tune for the
School Board.
Com. Coward advised everyone he had met with the representatives for the project. He
stated he would like to make sure the idea being put before the Board of a village concept
is actually written in the condition itself.
Mr. Mike Cuozzo, Houston Cuozzo, addressed the Board on this issue and the concept of
the project.
Com. Coward stated he would be happy with the generic language “ the primary non-
residential uses shall be consistent with the design characteristics set forth in the North
County Charrette”.
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Mr. Cuozzo stated the concern he would have in trying to design it is that he does not
know that the North County Charrette actually applied the level of detail they are talking
about, they dealt more with general concepts.
Mr. Siemons stated it was very difficult to pin things down now because they have a lot
of work to do and they do not have the answers at this point.
Mr. Marty Sanders, School Board, addressed the Board and stated they appreciate the
Boards support in trying to mitigate these impacts and appreciates the developer trying to
work with them. He stated what they have talked about with the developers is looking at
the differential between the cost per unit for capital for the School District and that cost
impact fee pays. They have agreed to bring Dr. Nicholas back in to determine the fair
and appropriate credit and work with the developers to enter into a capacity agreement
that would mitigate this impact and they would ask that they approve sending this project
forward with the developer working with them.
Com. Coward stated exhibit J is not consistent with what is being shown tonight. He
asked the language “ a recreational greenway shall be provided on the northeastern
boundary”.
Mr. Klein agreed to add comment.
It was moved by Com. Coward, seconded by Com. Smith to approve transmitting the
amendment contingent upon the modifications to the staff report 1 ) school contribution
to be higher than the current voluntary level, 2) with the added language to the PMUD, (
number 3), “ to include design standards consistent with the North County Charrette , 3) a
recreational greenway shall be provided on the northeastern boundary (added to number
7), and; upon roll call, motion carried unanimously.
8.H GROWTH MANAGEMENT
Consider a privately submitted amendment to the Future Land Use Plan Map requested
by John DiSalvatore (The Preserve) to change land use designation of a 56.9 acre parcel
located generally west of Angle Road, east of Canal 29 and Westwood High School north
of Metzger Road, from IND use to Residential High land use. Consider staff
recommendation not to transmit the amendment.
Mr. Jonathan Ferguson, attorney for the applicant, addressed the Board on this issue. He
stated although he did not disagree with staff’s analysis, they disagree with the
conclusion. He asked the Board to consider the merits of the project.
Mr. Mark Mathis, Thomas Lucido & Associates, addressed the Board regarding the
compatibility of the land use for this project, the need for industrial land use and for
residential high uses within the county and also impact on public facilities.
Mr. Mathis reviewed the analysis of industrial future land use and the analysis of
residential high future land use (attached).
Mr. Mathis stated whatever is developed on this site will need to address the water and
sewer connection needs for this site. He commented on the compatibility of residential
near industrial.
Com. Craft stated his concern with splitting the large block of industrial land down the
middle. He stated when he envisioned residential high he saw it in a downtown corridor
and in his mind this may turn into more of a housing project than it would a sustainable
community. It is being surrounded by industrial.
Com. Smith stated in speaking with the representative it was said this is not a housing
project more upscale project.
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Mr. Mathis stated this was to be a mixed income project a mixed of social economic
status households within the community. They do not want to build a housing project.
Mr. Ferguson stated the Board should consider if they have made enough strides and
efforts in creating areas where businesses can locate in the county and now because of the
hurricanes and the real estate market, that affordable and attainable housing has risen and
become more critical. Also he stated they are committed in working with the school
district. The only problem at this point is they are not comfortable committing to a dollar
amount. They would like to flexibility to work with the School District and Community
Services. He stated they would commit to pay their fair share but cannot commit to is a
specific amount.
Mr. Ferguson stated they would like to work with staff to see what kind of programs they
can integrate in the project. He stated this was not going to be a 100% attainable housing
project and is certainly not going to be a section 8 project. What they are committing to
is that a certain percentage of this housing would be targeted towards workforce housing.
Mr. John DiSalvatore, applicant addressed the Board and advised them this would not be
a section 8 housing project, however it would be affordable.
Com. Smith stated there is a lot of industrial in this area but he believes this project can
be a catalyst for the Angle Road corridor. The question of traffic would be the biggest
issue, but he believes if they go ahead with this project others may want to go ahead and
continue this type of development in the area.
Mr. Marty Sanders, School District addressed the Board and stated the Board has Dr.
Miller’s letter regarding the School Boards concern. The schools are crowded with
portables and asked the Board take this into consideration. They appreciate the applicant
wanting to work with the School Board and asked this be made a requirement for
forwarding this application.
Mr. Chris Lange, 1303 Angle Road, owns salvage shop in the area. Mr. Lange stated he
felt this was not an area for residential housing due to the many industrial businesses in
the area.
Mr. Jensen, 907 Angle Road addressed the Board regarding his concern in losing their
rights as an industrial area. One of his concerns is the noise generated by the industrial
site and if in the future the residents in the area would complain about the noise and
saying his business is not fit for the neighborhood.
Com. Lewis stated every item discussed comes with a disclaimer and reviewed the
disclaimer for the public.
Mr. Tom Vaughn, Avenue J resident addressed the Board and stated they have been in
business for 24 years and were encouraged by the County to move to an industrial zone
for the business. He is also concerned about the residents complaining about the noise in
the industrial area.
Com. Hutchinson stated she has yet to understand how placing residential in the middle
of industrial works. She recalls realtors telling her there is not much industrial areas left
in the county. She advised everyone she would not move forward with the request. She
is familiar with the area and does not want to receive any complaints regarding the noise
from crushing cars or even the possibility of a child climbing over a fence and injuring
him or her self. She does agree there is an issue in the county regarding workforce
housing.
Com. Craft commented on the graphics shown earlier where he has not seen a residential
use surrounded by industrial use.
Com. Lewis stated there is a severe need for workforce housing in the county and she
was supportive in the beginning. After speaking with the School Board and visiting the
area, she is forced to agree this is not the area for residential housing.
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Com. Coward stated he concurred and after hearing the comments by the area businesses,
he has no choice but to deny this request. He cannot imagine having residential
anywhere near such intense industrial uses, he too supports staff recommendation.
It was moved by Com. Lewis, seconded by Com. Craft, to approve staff recommendation
and not transmit this amendment incorporating staff findings, and; upon roll call, the vote
was as follows: Nay: Smith, Aye’s: Coward, Lewis, Craft, Hutchinson; motion carried by
a vote of 4 to 1.
There being no further business to be brought before the Board, the meeting was
adjourned.
_______________________
Chairman
________________________
Clerk of Circuit Court
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