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HomeMy WebLinkAboutBOCC Minutes 03-01-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 1, 2005 Convened: 6:00 p.m. Tape: 1-3 Adjourned: 10:30 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, Roger Shinn, Central Services Director, Ed Cox, Growth Management Director, David Kelly, Planning Manager, Mike Bowers, Utilities Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-029) It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held February 22, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Presentation of a Check- Budget Resolution No. 05-083- The United Veterans of St. Lucie County presented the Board with a check in the amount of $18,189. representing a repayment of the General Fund Contingency Loan used to purchase a multi-passenger van. Mr. Ron Nepshield, President of the United Veterans of St. Lucie County was present to make the presentation. B. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (1-033) The Chair advised those present of a letter received from Mr. Herbert Beach, White City resident, regarding Illegal Signage on Public Right of Ways. This letter will be entered into the official hard copy minutes. Mr. Charles Grande, Chairman of the President’s Council Hutchinson Island, addressed the Board and thanked the Board for expediting the dunes restoration project in his area. Mr. Mark Tayton, Indian River Drive resident, addressed the Board and expressed his concerns with the fact his property is being excluded from the Indian River Drive restoration project. Mr. Piowaty, Indian River Drive resident, addressed the Board and stated he was not in agreement with his property being excluded from the project and asked where the funding provided by the state had been utilized. The County Engineer addressed Mr. Tayton and Mr. Piowaty’s concerns. He stated they had initiated a change order for $7 million dollars to the state requesting this amount in additional funds. The state advised the County they could not fund this amount. The decision was based on those areas they felt needed armoring the least and they eliminated an area which consisted of 2,000 feet from the Indian River Drive project. There will be no federal monies left over to return to the government. 1 Ms. Laura Gray Futz, Indian River Drive concurred with the comments made by the previous speaker and stated she still has debris in the area which is a giant sink hole and stated a rainy season will compromise the area. Com. Hutchinson requested the speakers give her an opportunity to speak with the County Engineer and she would in turn get back to them with the results of the clean up and why they cannot get vegetation replacement in the area. Mr. John Arena, Ft. Pierce resident, addressed the Board and stated the Ft. Pierce causeway project reminded him of the housing projects in New York City. Mr. Craig Mundt, North Beach Homeowners Association, addressed the Board regarding an e-mail he received from a neighbor who was contacted by a company called Equity Ventures regarding a project they have been working on proposing 4 units per acre in development. They had a public hearing scheduled and they requested their item be taken off the Planning and Zoning Commission agenda. He expressed his concerns with the fact that the public had been notified about this hearing . He felt it was being rescheduled for mid May in order to have less input from those residents in the area who will not be here that time of year and were trying to cause confusion. Com. Hutchinson stated the Board would decide whether or not to continue a hearing and those who are present and would not be able to return on the re-scheduled date, they would be able to present their concerns at that time. The County Attorney confirmed Com. Hutchinson’s comments. Mr. Mundt stated he was opposing the statement made by the developer indicating the public hearing had been postponed. 4. CONSENT AGENDA (1-066) 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. WARRANT LIST The Board approved Warrant List No. 22. 2. COUNTY ATTORNEY A. Subdivision Improvement Agreement with Oceans Four Development Corp.- Lone Pines Estates Subdivision- The Board approved the Subdivision Improvement Agreement and authorized the Chairman to sign the Agreement. Com. Hutchinson requested staff look into the complaints from the surrounding neighbors to make sure they are in compliance with the Code. B. Resolution No. 05-090 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-091 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-090 and Resolution No. 05-091. C. White City Medical Center- Release of Letter of Credit- The Board approved releasing the Letter of Credit posted for the White City Medical Center. D. State Road 70 (Okeechobee Road) Widening Project License Agreement with the FDOT- The Board approved the License Agreement and Resolution No. 05-082 with the FDOT and authorized 2 the Chairman to sign the License Agreement and Resolution and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 3. CULTURAL AFFAIRS A. Smithsonian Marine Station Reception- The Board granted permission for wine and beer to be serves at the Smithsonian Marine Station on March 16, 2005. B. Budget Amendment No. 05-131 and Budget Resolution No. 05-093 for the purchase of mannequins to be used at the St. Lucie County Historical Museum- The Board granted approval to revise Equipment Request Number 05-065, approved Budget Amendment 05-131 which will increase the equipment request by $12,950 and approved Budget Resolution 05-093 which will recognize and establish a budget for the $10,000 donation from the Historical Society. 4. PUBLIC WORKS A. Design Contract with Hazen & Sawyer Engineers for Lakewood Park Stormwater- The Board approved Work Authorization No. 16 for signature by Chairman and approved the proposal from Hazen & Sawyer in the amount of $149,190 for design and permitting of Lakewood Park stormwater improvements and authorized the Chairman to sign. B. Resolution No. 05-086- The Board approved Resolution No. 05-086 authorizing and approving the acceptance of the District Four Maintenance Memorandum of Agreement for SR5 from Rio Mar Drive to North of Midway Road. C. The Board approved Resolution No. 05-088 Authorizing and approving acceptance of the District Four Maintenance Memorandum of Agreement SR5 Landscape Project from North of SR A1A to North of SR713. 5. VETERANS Reallocation of funds- The Board approved Equipment Request EQ05-003 and Budget Amendment BA05-113 reallocating available General Funds via a line to transfer in the amount of $402.00 to combine with funds available in the amount of $5,302.00 in Machinery and Equipment and allowed staff to purchase 2 laptop P.C’s at a cost of $5,302.00. 6. GROWTH MANAGEMENT A. Ratification of the Tourist Development’s Council decision to approve th a $1,000 Special Event Grant request for the 40 Annual Florida Indian Hobbyist Association Pow Wow- The Board approved the proposed Special Event Grant Agreement in the amount of $1,000 as drafted by the County Attorney and authorized the Chairman to sign said agree4ment upon receipt of the signed originals. B. The Board approved the Request of John E. Rogers, for final plat approval for the project to be known as Rogers Ranchettes S/D and authorized its final execution. C. Request of Culpepper & Terpening for final plat approval for the project to be known as Midway Industrial Park- Phase III-South- The Board approved the final plat of Midway Industrial Park, Phase III and authorized its final execution. 3 7. COMMISSIONER HUTCHINSON The Board ratified Com. Hutchinson’s appointment of Peter Harrison to the Environmental Advisory Committee. 8. UTILITIES A. Change Order No. 1 with Ditchdiggers Inc.,- The Board approved Change Order No. 1 with Ditchdiggers for construction services related to the US 1/Turnpike Feeder Road project in the amount of $15,150.00. B. Change Order No. 2 with Ditchdiggers, Inc.- The Board approved Change Order No. 2 with Ditchdiggers, Inc., for construction services related to the US1 /Turnpike Feeder project in the amount of $80,000. C. Approval of Final Payment Application and release of retainage- The Board approve the Final Payment Application and release of retainage with Astaldi Construction Corporation for work completed for the North St. Lucie County Route # 1 Utility Extension in the amount of $221,548.71. D. Work Authorization with Masteller & Moler, Inc.,- The Board approved the Work Authorization with Masteller & Moler, Inc., for engineering services related to the 1.0 MG ground storage tank with service pumps and standby generator for the Fairgrounds project in the amount of $131,000.00. 9. AGRICULTURE Simple Stormwater Education Project Grant- The Board approved accepting the grant from the South Florida Water Management District, total amount of $64,000 and approve the Chairman signing the grant agreement. 10. INVESTMENT FOR THE FUTURE Reallocation of IFF funds for the addition of air conditioning to the Children’s area at the Port St. Lucie Library- The Board approved the reallocation of IFF Funds, in the amount of $5,000 thereby allowing staff to make needed improvements to the air conditioning unit at the children’s reading area, Port St. Lucie Library. 11. ADMINISTRATION A. Discover Recovery Consultant Funding- The Board authorized $10,000 for disaster recovery consulting services with David M. Shapiro Disaster Planning & Recovery Consultants, and approve Budget Amendment BA# 05-139. B. Request to authorize expenditure- The Board authorized the expenditure of $15,000 for structural engineering services to assist staff in applying for HMPG grants for County wind retrofit projects and approved budget amendment AB#j05-138. 12. CENTRAL SERVICES Village Green Tax Collector March 2005 Rental Payment- The Board approved the use of available General Fund Contingency in the amount of $10,000 for the Village Green Tax Collector March 2005 Rental Payment and approved budget amendment # 05-140. 4 ADDITIONS CA-1 ADMINISTRATION Resolution No. 05-095- Ratifying Execution and Delivery of a Revised Commitment Letter; County Improvement Revenue Note, Series 2004, Second Installment (North County Utilities)- The Board approved Resolution No. 05-095 as drafted. CA-2 COMMUNITY SERVICES Surplus office furniture- The Board authorized staff to offer surplus office furniture from the Village Green Tax Collector’s office to local non-profit organizations. REGULAR AGENDA 5.A COUNTY ATTORNEY (1-1445) Public Hearing for Petition to Abandon- Two unnamed public rights of way Sunrise Blvd., in White City – Resolution No. 05-079- Consider staff recommendation to approve Resolution No. 05-079 instruct staff to publish the final Notice of Abandonment, record Resolution No. 05-079 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, Florida. The Property Acquisition Manager addressed the Board on this item. It was moved by Com. Coward, seconded by Com. Smith, to approve Resolution No. 05- 079 and record the resolution, 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, Florida, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY (11616) Petition for Abandonment- Petition to abandon two 12 ft. Utility Easements in Lexington Square Between lost 3 & 4 and Lots 20 & 21- Resolution No. 05-081- Consider staff recommendation to approve Resolution No. 05-081 instruct staff to publish the Final Notice of Abandonment, record Resolution No. 05-081, 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. Coward, seconded by Com. Lewis, to approve Resolution No. 05- 081, instruct staff to publish the Final Notice of Abandonment, record the Resolution, 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, and; upon roll call, motion carried unanimously 5.C GROWTH MANAGEMENT (1-1746) Consider Draft Resolution No. 05-019 approving the petition of Doug Phillips for a Conditional Use Permit to allow for the operation of a child daycare facility in an existing church educational building at the Oleander Church of God in the I Zoning District. Com. Coward requested a condition be added upon availability of utilities in the area, the facility will then be required to hook up to the utility. 5 Mr. Phillips advised Com. Coward the facility would indeed like to have the utility available and would not have a problem with hooking up to the utility. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- 019 to included the two conditions of hours of operation and enrollment and also the requirement of hooking up to the utility upon availability, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (1-1946) Change in zoning from the AR-1 to the PUD Jenkins Road South zoning district for the 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 - Consider staff recommendation to continue the public hearing on this item until March 15, 2005. Com. Coward stated there is more work that needs to be done in that area and delaying this issue will not secure his vote. He is not trying to stop development in the area however he is concerned how this transition is going to take place. Mr. Albert Moore, representing the applicant, advised the Board they had 2 neighborhood meetings and advised them of the continuation request and there some changes which th needed to be made and should be completed by the 15 of March. It was moved by Com. Coward, seconded by Com. Craft, to continue this public hearing until March 15, 2005 at 6:00 p.m. or as soon thereafter as possible, and requested staff come back with suggestions on that date and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT (1-2651) Consider Draft Resolution 05-022 granting the approval to the petition of Reserve Homes Ltd., for a change in zoning from AR-1 to PUD Briarcliff II zoning district and Final Planned Unit Development approval for the project known as Parcel 22@ The Reserve a 5 lot single family residential subdivision. Mr. Scott Moore, Kolter Properties, addressed the Board on this issue and advised them of the road construction with this project. Ms. Janet Dearing , Fairways Landing resident, addressed the Board and asked how many acres and how many homes would be placed and also if the area had been scouted for gopher tortoise which have been seen in the area. Staff advised Ms. Dearing it is 5 lots and 3.41 acres and this will be corrected throughout the document. Mr. Bill Hammer, Reserve resident, addressed the Board regarding the stripping of the area and what is being put back. He can hear the noise from I-95 at his home since the vegetation has been removed. Also there is no parking for guests in the area and this would be something they need to consider. Mr. Moore stated there was an Environmental Survey done on this area and there were no tortoise’s found in the area. They have been transplanting trees and this effort will continue. Com. Coward alluded to a letter received from Ms. Priscilla Ann Vitagliano, a resident of the Enlcave at the Reserve, expressing her concerns and asked Mr. Moore to address the key issues. Mr. Moore stated the Reserve upgraded the lift water station pumps and as far as the water, the project is in compliance with the Florida Water Management District permits and wetlands protection. 6 Mr. Moore addressed the home site questions and the Environmental Resources and stated there would not be any wetland impacts. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- 022 with the stipulated change on the south of lot 1 that the set back be 20ft minimum, and; upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT (1-3659) Consider Draft Resolution No. 05-023 granting approval to the petition of Kolter Property Company for a change in zoning from the AR-1 zoning district to PUD –Island Club zoning district and Final Planned Unit Development approval for the project known as Parcel 34E @ The Reserve (Island Club) a 19,172 square foot clubhouse with a swimming pool , basketball court, and tennis court- Consider staff recommendation to approve Draft Resolution 05-023 approving the petitioner’s request for Final Planned Unit Development for a clubhouse and associated amenities to be know as Parcel 34E @ the Reserve (Island Club). Mr. Bill Hammer, Reserve resident, addressed the Board regarding a memo he had distributed for the Board’s review and was made part of the record. He addressed the request in change in zoning for the Club House and since a change has been requested, it signifies the Club House was not part of the DRI in the past. Mr. Hammer addressed the operational cost of the Club House that would be incurred by the residents of the development. Ms. Pamela Hammer, Reserve resident, and President of the Homeowners of the Reserve advised the Board the Home owners Association will not be taking a position on this issue because they are too divided and felt each individual should be given the opportunity to speak their mind. She advised the Board in a survey done on the membership of the club as to whether or not it should be mandatory to belong to the club, 70% were opposed to mandatory membership. She has asked for Kolter to grandfather in those residents prior to Kolter taking over the development, however, they have refused. Com. Smith asked if the developer had not responded to the residents seven months ago when this issue began. Mr. Moore stated they had discussing the clubhouse with the residents for many years. They do not thinks this is reactive planning, but pro-active planning. The development order encourages providing recreational opportunities within the Reserve. Com. Craft questioned the residents being aware of the cost of a clubhouse upon purchasing the properties/homes at the Reserve. Mr. Larry Arepoli, Marketing Director for Kolter Development addressed the Board and stated they have previously sold 1600 homes since Island Club was announced. This year they sold 500 homes where buyers stated they purchased the homes due to the proposed Island Club. Com. Hutchinson asked our legal department if the Board has the ability to tell anyone how to run their homeowners association. The County Attorney stated the standards in the Land Development Code are written they focus primarily on location issues, effect on adjacent properties, public safety issues, for inquiry and conditions. The issue of the structure of the development and how corporate is structured seem to be more of a private issue. The issue whether things are to be mandatory or not also are a private issue as opposed to a public issue. If the Board felt there was something they normally look at in site plans, then they can add conditions or take action. 7 Com. Coward stated he concurred the issue of membership, liability and cost is a private issue and what the Board should be looking at is the location and if this is the appropriate location for the clubhouse. Com. Coward asked why this location was selected. Mr. Moore addressed Com. Coward’s question and stated they have other satellite recreational areas and they thought it was a good location inside the gate for the area residents. Com. Coward expressed his concerns with the traffic of all the residents coming to the clubhouse in one area and wondered if it would have a negative affect on the residents in the immediate area and the children riding their bicycles. His major concern is the traffic circle which he felt was a “recipe for disaster”. He does not believe it is a very good location. Com. Coward asked if there was an alternative site for the clubhouse. Com. Lewis commented the Board has heard from many residents of the traffic problems in the area and asked how they would handle a major traffic influx in the area. Mr. Moore addressed Com. Lewis’ concern. Com. Coward addressed the Environmental issues and recreational issue through evolution. He felt this location was one of last resort and it is not a good location. He is not opposed to the Island Club but would like to discuss this issue further. Com. Hutchinson recommended this issue be continued to give the two new Commissioners an opportunity to review the history of this project as well as the other 3 Commissioners so they can be updated on the development and also meet with any new homeowners who may have concerns. It was moved by Com. Craft, seconded by Com. Lewis, to continue this hearing on March 15, 2005 at 6:00 p.m. or as soon thereafter as possible. 5.G GROWTH MANAGEMENT (2-1625) Consider Draft Resolution 05-018 approving the petition of Frank W and Sandra F. Lagana for a Change in Zoning from the IX to RM 5. Com. Coward advised those present he had met with Mr. Warner and Mr. Ziegler regarding this issue. Mr. Warner, representing the petitioner, addressed the Board on this issue. It was moved by Com. Craft, seconded by Com. Smith to approve Resolution No. 05- 018, and; upon roll call, motion carried unanimously. 5.H GROWTH MANAGEMENT (2-1002) Consider Draft Resolution 05-020 approving the petition of First Haitian Baptist Church, for a change in zoning from the RS-4 to the RF zoning district. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05- 020, and; upon roll call, motion carried unanimously. 5.I GROWTH MANAGEMENT (2-2095) Petition of Lennar Communities, for Preliminary and Final Planned Unit Development and rezoning for the project to be known as Silver Oaks PUD- Consider staff recommendation to approve Resolution 05-021 with the 8 recommended conditions. 8 Mr. Gary Hunter, Attorney representing Lennar Communities addressed the Board on this issue and gave an update on the development. Mr. Eric Haney, Senior Scientist, addressed the Board on the Environmental issues. Com. Coward stated he would like to seen Lennar boulster the buffer along the eastern edge as a good faith effort. The Planning Manager advised the Board ERD had advised them that all tree mitigation had been met. Mr. Hunter stated along the Shanus Trail easement, Lennar does not have a problem with this request from a vegetative buffer standpoint to enhance the area. They can add a 6ft fence with the interior of the fence being a vegetative buffer with native species if the Board so wishes to add this as a condition. Mr. Charles Grande, member of P & Z Board, addressed the Board and what was brought before the P & Z Board. He commented on the fact that now the petition coming in as the parcel being a single PUD. If the application is for a single PUD, there is no inherent right to let RM5 remain. If the property is maintained without flipping it, there will be a 40 ft. buffer between north and east boarders and the larger estate lots outside this property. Mr. Wally Zaieda, property owner, stated he did not have a problem with the development, however, he was concerned with those who horseback ride in the area and felt there should be a set back for this purpose. He would like to see why the developer states flipping the project would not work. Com. Coward they need to look at things from a legal aspect. The property was zoned RM5 before Mr. Zaieda bought his property. They have a legal right to build under RM5 regulations and the Board does not have the right to tell them they do not. The developer is working with the county at our request to do a PUD and create an additional buffer, they are going over and above what is required. Mr. Gary Vygrass, area resident, addressed the Board on the townhouses in the development plan and the traffic it would create on Tilton Road. He would prefer the traffic be going to Lennard Road instead of Tilton. Mr. Ken Davis, area resident, addressed the Board and stated the area is equestrian agricultural area. He is not opposed to the development, but is concerned about the previsions for those who live in the area and the horses being spooked while riding in the area. Mr. Wade Smith, area resident addressed his concern with the traffic and the wild life in the area. Mr. Ben Promroy, Tilton Avenue asked if the entrances can be placed on the west side and south side of the project. He lives to the north and they have horses they ride in the area. Ms. Elizabeth McKay, Shanus Trail resident, expressed her concern about the buffer and would like to see a berm placed high along the area and also expressed her concern about the traffic. Mr. Gary Hunter, representative for the developer stated Lennar was not concerned with the residents wanting a horse trail since the road was going to be constructed according to county standards and if county standards can be lessened that the width of the road can be less and a horse trail maintained, and it still be safe for passage, he does not see a problem with it. Com. Coward questioned the County’s existing right of way and what portion would need to be paved to make this happen and asked staff for an update. 9 Mr. Michael LeCroisierre, project engineer addressed the Board’s questions on the right of way and the proposed MDBU on Lennard Road and whether the equestrian path would be possible. He believes an equestrian and pedestrian right of way may be accomplished. Mr. Gary Vygrass, area resident, addressed the original PUD with an equestrian area and a berm on the south side of Tilton Road. It was moved by Com. Craft, seconded by Com. Smith to approve Resolution 05-021 with the following change made to condition 1; “The developer shall construct an equestrian trail and pedestrian access on the southern on the right of way at a location acceptable to the county and a vegetative buffer along the northern right of way on Tilton Road”, on paragraph 3,” the easement shall provide the Homeowners Association shall be responsible for maintaining the conservation easement area, maintenance shall include exotic tree and plant removal”; substitute condition 9 for “the developer shall construct a 6ft fence along the east boundary of the property adjacent to Shanus Trail interior area immediately adjacent to the fence shall be planted with native vegetation, and add a sentence, “the developer shall provide and maintain a buffer to maximum extent possible on the north and east boundary of the property”; and, upon roll call, motion carried unanimously. 6. GROWTH MANAGEMENT (3-2182) Metropolitan Planning Organization Staffing Arrangement- Consider staff recommendation that the MPO staff maintain its current status. The Growth Management Director addressed the Board on this issue. After Board discussion, it was moved by Com. Coward, seconded by Com. Craft to approve staff recommendation, and; upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (3-2269) Florida Communities Trust- Ten Mile Creek East/FCT Project 02-056-FF2- First Amendment to Option Agreement for Sale and Purchase- Ralls Road Corp.-Tax I.D. No. 2430-313-0005-000-3- Consider staff recommendation to approve the First Amendment to Option Agreement for Sale and Purchase of the Ralls Road Corp., parcel, authorize the Chairman to execute the Amendment and direct staff to forward to Florida Communities Trust. It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY (3-2313) Resolution No. 05-052-Amending the duties and membership of the Harbor Advisory Committee- Consider staff recommendation to adopt proposed Resolution No. 05-052 amending the duties and membership of the Harbor Advisory Committee. It as moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 05-052 amending paragraph 3 to remain as 9 members and delete language related to the ex- officio, it would be 9 members not one of which would be a Board member; and, upon roll call, motion carried unanimously. 10 There being no further business to be brought before the Board, the meeting was adjourned. ___________________________ Chairman __________________________ Clerk of Circuit Court 11