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HomeMy WebLinkAboutBOCC Minutes 11-01-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 1, 2005 Convened: 3:00 p.m. Tape: 1-7 Adjourned: 1:37 a.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, Pete Keogh, Parks and Rec. Director, Don West, Public Works Director, Ed Parker, Purchasing Director, Marie Gouin, M & B Director, David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk Mr. Bob Davis, Tax Collector for St. Lucie County presented the Board with a report on the excess revenue generated by his department. He advised the Board that he had presented the Finance Department with a check in the amount of $2,608,000.00. Mr. Edwin Fry, Jr., Clerk of the Circuit Court advised the Board the Court generated excess fees totaled $ 4.7 million dollars. He had presented the Board with $1.7 million during the budget sessions and yesterday had deposited $3 million into the Board’s account. 1. MINUTES (1-024) It was moved by Com. Coward, seconded by Com. Craft to approve the minutes of the meetings held October 17, 2005 and October 18, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Mr. Mark Godwin, Criminal Justice Coordinator, gave a presentation on the Criminal Justice Plan. B. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Sheriff Mascara addressed the Board regarding the jail population . He stated the current jail population is 1,328 which is a 127 inmate increase over the last stated population at a prior meeting. He stated there have been days when the population was higher and at that time he had advised the County Administrator of the increase. On October 28, 2005, the population was 1387 that placed them 337 over capacity. He stated in the past twelve weeks there has not been a reduction in inmates because of the Kolmanoff recommendations. The Sheriff advised the Board against his and his staffs wishes, they advertised available beds for rent across the web page. They received calls, however when they were not able to give those interested parties a date for the beds the interest for the bed weaned . They submitted an application to the U.S. Marshall Service four months ago and the review was rejected by the Marshall’s service only to be asked to be recalculated with their budget from two years ago. Last week they received the new contract with the negotiated 1 price of $62.00 per inmate per day. This is much lower than anticipated. The problem today is they do not have any beds available. If pod 2 was to open today they would be within 42 capacity of the entire jail complex (this would include pods 1 and 2). The Sheriff stated the upper trend of the jail population will continue as predicted leaving no beds for rent. He advised the Board their fist litigation is scheduled for Friday and his understanding there are many cases in the loop regarding the overcrowding. th Mr. Walter Sawyer, Port St. Lucie resident, addressed the Board on the widening of 25 Street and asked the Board to consider requiring all electrical wiring be placed underground. He also presented information regarding FPL’s profits for Board review. Com. Hutchinson requested research be done on the feasibility of such a request and return to the Board with the information. 4. CONSENT AGENDA (1-1628) 1. WARRANT LISTS The Board approved Warrant List No. 56,3 and 4. 2. COUNTY ATTORNEY A. Resolution No. 05-402- Extending the State of Emergency for Hurricane Frances and Resolution No. 05-403 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-402 and 05-403. B. Request Permission to advertise- The Board approved the request to advertise a public hearing to be held on December 6, 2005 at 6:00 p.m. to hear the petition to abandon a portion of a 66 foot platted right of way known as West Dixie Blvd. C. Request Permission to advertise - The Board approved advertising a public hearing to be held on December 6, 2005 at 6:00p.m. to hear the petition to abandon a County owned 30 foot drainage easement . D. Cultural Affairs Council Grant Agreement- The Board approved the proposed grant agreement and authorized the Chairperson to sign the grant agreement. E. Florida communities Trust- Hackberry Hammock FCT Project 05-069 FFS- Grant Contract and Confidentiality agreement- The Board approved The Florida Communities Trust Grant Contract for the Hackberry Hammock project and authorized the Chairman to sign the Grant contract and Confidentiality Agreement and transmit to Florida Communities Trust. F. “Night Train” Mural- Lease Agreement with East Coast Lumber Inc.- The Board approved the proposed lease agreement with East Coast Lumber Inc., and authorized the Chairman to sign the agreement. G. Urban Mobile Irrigation Lab- First Amendment to May 28, 2002 Interlocal Agreement with St. Lucie county Soil and Water Conservation District - The Board approved the First Amendment to the May 28, 2002 Interlocal Agreement and authorized the Chairman to sign. H. Resolution No. 05-406 Proclaiming the month of November 2005 as “Home Health Care Month in St. Lucie County, Florida- The Board approved Resolution No. 05-406. 2 I. Resolution No. 05-407 Proclaiming the month of November as “Hospice Month” in St. Lucie County, Florida- The Board approved Resolution No. 05-407. J. Mental Heath and Substance Abuse Treatment Services- Agreement with New Horizons of the Treasure Coast, Inc.- The Board approved the proposed agreement with New Horizons of the Treasure Coast, Inc., for mental health and substance abuse treatment services and authorized the Chairman to sign the Agreement. K. Resolution No. 05-409 Extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 05-409 and authorized the Chairman to sign. L. Contract with Carolina Software- The Board approved the contract with Carolina Software, Inc.. and authorized the Chairman to sign the contract. M. St. Lucie County Health Dept- Revised Contract with State of Florida Department of Health- The Board approved the revised 2005-06 contract with the State of Florida Department of Health for the operation of the St. Lucie County Health Department, an authorized the Chairman to sign the revised contract. 3. MANAGEMENT AND BUDGET A. Budget Resolution No. 05-396- to increase the budget for a Hurricane Housing Recovery Plan Grant from $100,000.00 to $7,296,658.00- The Board approved Budget Resolution No. 05-396. B. Permission to advertise a public hearing- The Board approved scheduling advertising a public hearing to amend the budget. C. Adopt Budget Resolution No. 05-410 to increase the Florida Department of Agriculture grant for Soil and Water- The Board approved Budget Resolution No. 05-410. D. Request for approval of FY06 Advance No. 2 in the amount of $252,000.00 to the County Tax Collector - The Board approved the request for the advance. 4. PUBLIC WORKS A. One year Extension to the Consultant Agreement with Dunkelberger Engineering & Testing, Inc.- for professional engineering services for Geotechnical testing through October 14, 2006- The Board approved the one year extension to the Consultant Agreement. B. Second Amendment Work Authorization No. 1 Bowyer Singleton & Associates, Inc.- The Board approved the second amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer Singleton & Associates, Inc. for additional services for the Prima Vista Baffle Box in the amount of $4,832.00 (total amount not to exceed $9,664.00) and authorized the Chairman to sign. C. Change Order No. 2- AshBritt Environmental - The Board approved and authorized the Chair to sign Change Order No. 2 in the deductive amount of $2,494,707.99 for a total contract price of $8,773,648.76; accepted the project released retainage in the amount of $413,587.26 3 and make Final Payment to the contractor AshBritt Environmental in the amount of $413,587.26 for services provide associated with Hurricane Frances and Hurricane Jeanne debris removal. Retainage in the amount of $26,415.98 shall be returned to Fund No. 101002-4112- 599300-400 Transportation Trust/Constitutional. D. New North Entrance to the Port of Ft. Pierce Joint Participation Agreement extension request- The Board approved the Extension of Time request for the Joint Participation Agreement for the New North Entrance to the Port of Ft. Pierce through December 31, 2007. E. Work Authorization No. 3 to the Contract for Survey Services with GCY Inc.- Solida Drive- The Board approved Work Authorization No. 3 to the Contract for Survey Services with GCY, Inc., for Solida Drive in the amount of $6,768.00 and authorization for the Chairman to sign. 5. SOLID WASTE A. Resolution No. 05-329 - The Board approved Resolution No. 05-329 prepared and approved by the County Attorney, authorizing the County Administrator’s designee to execute the Non-Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreements. B. Interlocal Agreement Florida Department of Agriculture & Consumer Services- The Board approved the Interlocal Agreement with the Florida Department of Agriculture & Consumer Services for non- exclusive use of the St. Lucie County Solid Waste Baling & Recycling Facility . 6. CULTURAL AFFAIRS Budget amendment BA 05-104 and Equipment Request 06-215 for the purchase of a Dell sever for the St. Lucie County Historical Museum- The Board approved Budget Amendment No. BA 05-104 and Equipment Request 06-215 . 7. PARKS AND RECREATION High Pole Gate Extension at the Fairgrounds Equestrian Arena- The Board approved the purchase of a gate extension from the sole source provider Circle “R” Ranch & Livestock Equipment and install it on the south end of the Equestrian Arena at a cost of $5,482.55. 8. PARKS REFERENDUM Lawnwood Soccer Field Lighting- The Board approved piggybacking off the City of Jacksonville’s Bid SC-0549-03 and proceed with the sport fields lighting of the Lawnwood Recreation Area soccer fields at a cost of $775,536.00. 9. PURCHASING A. Permission to advertise an invitation to bid for Cleaning Services for Solid Waste Department- The Board granted permission to advertise an Invitation for Bid for Cleaning Services for Solid Waste Department. B. Change Order No. 2 for Contract C05-01-052 with Commercial Fence Contractors Inc. - The Board approved Change Order No. 2 for Contract C05-01-052 and authorized the Chairman to sign the change order as prepared by the County Attorney. 4 C. Award of RFP# 05-058 Global Positioning Satellite Pre-Trial Releases, Electronic Monitoring Services- The Board approved awarding RFP # 05-058 Global Positioning Satellite Pre-Trial Releasee, Electronic Monitoring Services to the top ranked firm, Sentencing Alternatives, Inc., for $25,110 the first month, thereafter at a daily rate of $18 per day, per participant; or $20,000 per month, whichever is higher and not to exceed $500,000 and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Award of Bid No. 05-113 Elevator Repair and Maintenance for County Facilities- The Board approved awarding Bid No. 05-109 Elevator Repair and Maintenance For County Facilities to the only bidder General Elevator Sales and Services Inc., for a total annual amount of $14,777.64 and authorized the Chairman to sign the contract as prepared by the County Attorney. 10. UTILITIES Change Order No. 1 Danella Companies, Inc.,- The Board approved Change Order No. 1 with Danella Companies, Inc., for construction services related to the Little Mud Creek project inn the amount of $29,840.71 and also an extension of 112 days to the contract. 11. COMMUNITY SERVICES Full time grant funded positions to administer housing grants- The Board approved to hire four full time grant funded positions to administer the housing grants. The positions will end at the closeout of the grants. REGULAR AGENDA 5. PUBLIC WORKS (1-1703) th Requirement that all Aluminum Structures require 4 wall construction - Consider staff recommendation that the BOCC require that all replacement of Aluminum structure th require 4 wall construction along with angle bracing and required footings fro the columns. Staff also recommends that only composite panels are allowed in the replacement of roof structures and that the use of aluminum pan roof be prohibited in the County. Staff also requests that all permits that are currently being reviewed be rejected and returned to be redesigned to the new standard. The Code Compliance Manager advised the Board that there have been many unpermitted repairs done on structures. He reviewed various photos of structures damaged and improper fastenings of material. th He stated as of January 1, 2006 they will require 4 wall construction on all aluminum structures. All structures will require permits regardless of how minor the repair may be. Mr. Clare McClure addressed the Board in opposition to the new requirement. Mr. D. Kim, large aluminum firm in Florida addressed the Board and stated he is present as a resource not in favor or against. He stated after conducting many assessments after Jeanne and Frances, and now Wilma, he stated most engineers are aware of the Florida Administrative Code that does not allow these types of structures to be attached to the mobile home unless the manufacturer of the mobile home specifically allows it. He stated the vast majority of the damage that has occurred is because it has not been constructed properly according to engineering plans or installation drawings. 5 th Mr. Forrest Smith, State Certified Contractor, stated he was told the 4 wall issue was th over ruled mainly due to pressure from the public. He sated the 4 wall is very th necessary. He explained the reason for the 4 wall and the attachment of the wall and th structure. He stated he has found that attaching the 4 wall solves the issue of losing the roofs. He said the problem is doing it site specific and this may cost around $600.00. Mr. Fred Thompson, Savanna Club, addressed the Board and stated he was against the proposed restriction. He stated the residents in the area needed to have their repairs done and it was difficult to get a contractor to do any work in St. Lucie County due to the restrictions and the permits. Com. Hutchinson addressed some of the comments made. She reminded those present that last year the Commission members received many phone calls following the Hurricanes and the Board made changes attempting to assist those contractors and residents who felt they needed prompt attention to the problem of reconstruction of aluminum structures. She stated the reason for this issue being placed on the agenda was when she visited the EOC this was one of her main concerns and requested from staff information as to where they were with damage to mobile homes. She does not want a repeat of what they went through last year whether it be in permitting lines, the timing of the permits. She only wished to come out from the beginning that once they were going to state what was required, they were not going to make any changes at mid stream. Mr. David Hessler, Savannah Club resident, addressed the Board and stated he felt one of the problems is the area is going under a building boom and this is draining the ability for homeowners to get any repairs done. It is more lucrative for new construction. Mr. Richard Moore, Representing the Treasure Coast Aluminum Association addressed the permits and stated previously the code department gave permission to put up car ports without permits and the association was against this and the outcome was they do not know how they were put up. The designs were minimum designs that did not meet the Florida building codes. They were attempting to get the structure up. Mr. Moore asked when they had stopped issuing permits. The Code Compliance Manager stated right after the hurricane on Tuesday. Mr. Moore stated their main interest was to get the lives of those residents in need back together and trying to stay in business and getting these permits out until a rationale decision can be made. The Code Compliance Manager stated they always receive the complaints that the county is holding up the permits and this is not the case. The department has over 100 permits in the office and are waiting for the contractor to get back to the department with the proper information. Com. Coward questioned the amount of the structures that were not properly constructed or permitted. The Code compliance Manager stated approximately 40%. Com. Coward stated he felt it was unfair to place a stop work order at this time especially to those who have pending permits. He would think existing permits would be permitted to proceed. He felt more information was needed and everyone involved should be sitting down bringing forth recommendations, without all the necessary information he is not willing to place a stop work order/permits associated with aluminum structures. He does not wish to place a moratorium on restoration efforts. Com. Smith stated his concern was, do you pay the extra burden today and hope when the next hurricane comes you are protected versus continuing the same process and another hurricane hits the area the same thing happens again when it can be taken care of once and for all. 6 He is of the idea to go with the Florida State Code and move on. st Com. Coward suggested obtaining recommendations before the January 1 deadline. Com. Craft stated they would be doing a disservice if they do not speed up the process now. Com. Coward suggested a workshop to hear more detail. Com. Lewis concurred with the workshop and asked which permits were in. The Code Compliance Manager stated they only have permits for hurricane Jeanne and Frances, none for Wilma. Com. Hutchinson asked if he knew how many permits are in the pipeline for the two th hurricanes and how many of those are not including the 4 wall construction. The Code Compliance Manager stated he did not have the exact numbers. Com. Hutchinson asked the representatives get together and bring something back by th November 15. th The County Administrator asked the Board reconvene at 1:30 p.m. on the 15 to hear this issue. Com. Hutchinson asked if direction could be given to the Code Compliance Manager that the permits which are in re: Frances and Jeanne that they be permitted to go through the th pipeline and those that do not include the 4 wall that those be given an additional week. Com. Craft stated on the fairness side for those who have submitted the permits under the old guidelines be permitted to go through with the process and any new permits should require the new guideline. Com. Lewis concurred with proceeding. She asked what would be the time frame for obtaining another set of plans. The Compliance Manager stated two to three weeks for the new plans. It was the consensus of the Board to direct staff to move forward with the new engineering plans. The Code Compliance Manager stated he would set up a meeting early next week with the representatives from the communities involved and the association representative to th look at the problem and come back to the Board with a resolution on the 15 and present their findings. Mr. Dale Thornberry Treasure Coast Exteriors asked the Board give permission to th continue with the existing permits. He has replaced 150 structures without the 4 wall and did not have one failure. If the existing permits are delayed he will need to lay off employees. th Com. Coward stated he does not have conclusive evidence that the 4 wall is the solution they need more information. He does not believe it is fair to create a moratorium with insufficient information. He believes they should continue with the existing rules in effect until there is sufficient evidence to change them. Com. Craft stated he would prefer to move forward with the permits already in the pipeline Com. Smith respectfully for the record disagreed and stated they would be discussing the same issue this time next year if they did not follow the code 7 Com. Coward stated they should continue issuing permits until they have received sufficient information showing they should change. Com. Hutchinson concurred only because she received a guarantee from contractors that they would be bringing information and recommendations forward ASAP. However, if this takes until January she will rescind her concurrence. Com. Lewis stated they should keep moving if they can come up with a solution quickly. Com. Hutchinson asked those present to contact the Code Compliance Manager as to a date for the meetings and bring back something to the Board they can agree to on November 15, 2005 at 1:30 p.m. 6. PUBLIC WORKS Request to add two additional Contractor Licensing Investigators, Color Printer, two PC’s with Flat Panels, and two 4 WD Liberty Vehicles to the Code compliance Division- Consider staff recommendation to approve positions POS No. 06-069 and POS No. 06- 070 and Equipment Request No. 06-217, EQ 06-218 and EQ06-219 . It was moved by Com. Smith, seconded by Com. Craft to approve staff recommendation, and; upon roll call, motion carried unanimously. 7. This item was moved to 9I under public hearings. 8. COUNTY ATTORNEY (2-1779) Debris Removal from Private Rights of Ways- Ratification of Emergency Order issued by the County Administrator- Consider staff recommendation to adopt Resolution No. 05-408 as drafted and authorize the Chairman to sign the resolution. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 408 and authorize the Chairman to sign, and; upon roll call, motion carried unanimously. 9.A PUBLIC WORKS (2-2400) This was a public hearing to review the application request of Mabel Groves, LTD Inc., (South Plant) for a mining permit renewal. This request was to seek Board approve for a Class II mining permit for a period of twenty years- Staff recommends approval of a Class II mining permit for twenty years to be updated every 24 months subject to the conditions. Mr. Dennis Mealey, representing the applicant, addressed the Board and their questions. The County Engineer addressed the conditions and hours of operation. Com. Craft asked if the blasting could be limited to 2 specified days a week into the condition. The petitioner agreed to do the blasting on Tuesdays and Thursdays and he also stated the crushing hours would be the same as the north pit. The Board was advised the hours of operation would be the same as the North Pit as approved last year. Mr. William Gray, Land Planner for Emsca Homes addressed the Board and expressed his concern with the construction of those homes in close proximity to the mine. He was concerned about the blasting hours and how they may affect the new residents. He asked the Board to consider including something in the review process and add to the conditions . 8 Mr. Pamela Hammer, Reserve addressed the Board and asked the fact that a mine is in the area be disclosed to the potential homeowners in the agreement of sale. Com. Craft advised Mr. Gray that it was entirely up to the State Fire Marshall to decide whether or not they can blast it is not up to the County. It was moved by Com. Craft, seconded by Com. Coward to approve staff recommendation with the changes to include the specified 2 days of blasting (Tuesday and Thursdays only ), and; upon roll call, motion carried unanimously. 9.B COUNTY ATTORNEY (2-2924) Petition for Abandonment – Abandon a portion of a 60 foot right of way known as Grose Road- Resolution No. 05-379- Consider staff recommendation to approve Resolution No. 05-379 instruct staff to publish the final Notice of Abandonment, record Resolution No. 05-379 Proof of Publication of the Notice of Intent to Abandon, 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. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 9.C GROWTH MANAGEMENT (2-3539) Consider a privately re-submitted amendment to the Future Land Use Plan Map requested by John DiSalvatore(The Preserve) to change land use designation of a 75 acre parcel located generally west of Angle Road, east of Canal 29 and Westwood High School, north of Metzger Road from IND use to RH land use (maximum 15 units per acre) – Consider staff recommendation to deny this plan amendment application for transmittal to the Department of Community Affairs. The applicant has proposed implementing landscape buffering and building setbacks separation measures in consideration of the surrounding industrial area. The applicant is also proposing an affordable housing initiative to the proposed project. In addition, the area to the immediate west will be involved in a comprehensive neighborhood planning process over the next several months in consideration of the transitional land use character along the N. Jenkins Road corridor study area. The Special Project Manager addressed the Board on this petition. The Board disclosed this being a quasi-judicial matter and they had spoken with the representatives of this application. The Board was advised the Planning and Zoning Board recommended denial of this th petition. At the October 20 meeting residents of neighboring businesses expressed their concern with receiving noise complaints from the nearby residents. Also, a site plan has not been made available for review. Mr. Jonathan Ferguson, attorney for the petitioner, addressed the Board and asked this application be transmitted to the Department of Community Affairs. He stated while the Department if reviewing the application for comments, the petitioner will be working on a conceptual plan to be presented. Mr. Jan Stewart partner in the project, addressed the Board and stated they would create additional buffers if necessary between the businesses and the residents. He is committed to work with the county staff to have attainable housing for the workforce in the county. Mr. Mathis, Thomas Lucido and Associates addressed the Board with the plan of the project. Mr. Keith Munday, lender, addressed the Board and explained the financing available through the SHIP and the 10/10 program. 9 Mr. Robert Chandler, Fish Kind and Associates, addressed the job creation this project would provide. Public Comments Mr. Doug Davis, Richard Davis Co., addressed the Board with regards to the traffic th problem he believed would occur with the intersections of Metzger and 39 St. Mr. Chris Lange, Angel Road resident, addressed the Board and stated if the project was done according to the statements received, he could support it. Ms. Susie Caron, Indrio Road resident, addressed the Board and stated the compatibility and concurrency issues needed to be addressed. Mr. Ralph Jensen, Angle Road business owner , addressed the Board in opposition. Mr. Jay Maycumber, Indrio Road resident, addressed the Board regarding the concurrency issue. Mr. Jamie Hurst, Mimosa Avenue, addressed the Board with his concerns about the infrastructure and traffic. Mr. Jonathan Ferguson, addressed the comments made and alluded to the Land Use Amendment and stated they would be coming back to address the infrastructure. Mr. R. Duke Nelson, Ft. Pierce Commissioner, addressed the Board and stated the infrastructure should be in place and paid for before so that it does not affect residents in the future. Com. Hutchinson stated concurrency cannot be tied to the transmittal and she reminded everyone that the transmittal does not commit the county. Com. Smith stated he drives by the area due to where he resides and he commends the developer for his presentation. He would like to see the area better developed that what it presently is today. Com. Coward stated the key issue is protecting existing businesses and mainly affordable housing. He is not sure where you would place affordable housing if not in this type of an area. He suggested possibly pushing the developing back further in order to have sufficient buffers to make the development suitable for the area. Com. Lewis, stated affordable housing issue is the most important issue at the moment and an honest effort needs to be made to make homes available to the workforce, she likes the concept and will support the project. Com. Craft stated affordability is the only reason he would consider this project. However he is concerned that the improvements needed may push it out of the affordability status. He felt the developer does not know the cost of currency at this time and he would like to see the site plan adopted early. Con. Hutchinson stated she concurred with Com. Craft and will insist on having a plan in front of the Board addressing concurrency issues and would have a better comfort level if the density was less than 15 units to the acre. It was moved by Com. Smith, seconded by Com. Lewis, to approve transmittal of this application, and; upon roll call, motion carried unanimously. 10 9.D GROWTH MANAGEMENT (4-374) Continuation of public hearing for an amendment to the Future Land Use 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 Ali fronton from Commercial Land Use to Residential Medium. Consider staff recommendation to not transmit this amendment to the Florida Department of Consumer Affairs. Mr. Dennis Murphy, Culpepper and Terpening project manager, addressed the Board on this issue. Mr. Paul Jacquin, addressed the Board and expressed his concerns with the residents utilizing Copenhaven Road and creating a traffic concern. He is also concerned with the drainage problem in the area. Ms. Carol Daniels, area resident addressed the drainage problem in the area and presented pictures of the flooding which occurred the recent rains. Com. Coward stated he supported staff recommendation and felt other residential areas are available. He also advised everyone that he has heard from those who are interested in the Research Center . Com. Lewis stated they needed commercial areas around Kings Highway. It was moved by Com. Craft, seconded by Com. Coward to deny the transmittal of this amendment, and; upon roll call, motion carried unanimously. 9.E. GROWTH MANAGEMENT (4-1214) Consider adoption of Resolution No. 05-354 transmitting the application of Quail Meadows LLC for a change in Future Land Use Designation from RS to RU to the Florida Department of Community Affairs for review. If approved the amendment would change the designation of 114 acres located approximately 1.5 miles west of the intersection of Kings Highway and Angle Road- Consider staff recommendation to adopt Resolution No. 05-354 transmitting Quail Meadows LLC petition for a change in Future Land Use Designation from RS to RU to the Florida Department of Community Affairs for review under Chapter 163, Florida Statutes. The Board members acknowledged this being a Quasi-Judicial item, they have met with and have spoken with the petitioner and their representatives. Ms. Noreen Dwyer, attorney for the applicant, addressed the Board. Ms. Julia Schewchuk, Jordan, Jones and Golding, addressed the Board and gave them a review of the project. The Board members commended this project. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- 354, and; upon roll call, motion carried unanimously. 9.F GROWTH MANAGEMENT (4-2084) Application of Florida Municipal Power Agency for a Conditional Use permit and Major Site Plan approval to allow the construction of a 1200 Megawatt natural gas fired electric generation plant. In the U. Zoning District. Consider staff recommendation to approve Resolution No. 05-388 approving the Conditional Use and Major Site Plan for the proposed Florida Municipal Power Agency 1,200 MW gas fired power plant located off Glades Cutoff Road. The Planning Manager read the 3 new conditions added. 11 Mr. Dennis Murphy, Culpepper and Terpening project manager addressed the Board on this issue. Mr. Ed Leon Gomez, FPUA addressed the benefits to the residents. Mr. Roger Fonts, General Manager and CEO of the Florida Municipal Power Agency addressed the Board’s questions on this issue. Mr. Douglas Roberts, Attorney addressed the Board on this issue. The Environmental Manager addressed the question on the emissions of carbon dioxide. Com. Coward requested continuing contribution due to the affects of the emissions on the trees and surrounding area. Mr. Bob Benton, Mayor of the City of Ft. Pierce, addressed the Board and stated the residents of Ft. Pierce are stockholders in this plant and the power in Ft. Pierce was quickly restored after this past storm due to the partnership. He asked the Board to move forward and approve this request. Mr. John Alde, VP Economic Development Council, addressed the Board and read a statement from the Board of Directors in support of the development of the power plant. Mr. Dan Qualik, Regal Circle resident asked what the affects of the emissions from the plant would have on the immediate residents. Mr. Jeff Borsman, area resident, addressed the Board and stated he was not satisfied with the answers concerning the detrimental affects he would be receiving since his home is down wind from the project. He would like to have more information on the emissions. Ms. Arlene Goodman, White city resident addressed the Board in favor of the project. Mr. Craig Mundt, Hutchinson Island resident, addressed the Board with his concerns. Mr. Stickels, St. Lucie County resident addressed the Board and stated he agrees with the location and asked how many people it would serve. He stated however, they did need to look at the combined emissions from this plant and FPL. Mr. Charles Grande, South Beach Association addressed the Board and stated this was the right location and the right technology was being utilized. He asked FPL to take a lesson on the plant proposed and that this plant will produce less than 1% of mercury than the FPL proposed plan. Mr. Roger Fonts, CEO addressed the public concerns and advised the Board they would accept the condition to go on line with the waste water treatment plant as soon as it becomes available. Mr. Doug Roberts Attorney for the petitioner, advised Com. Coward they would modify # 4 and include a $75,000 a year contribution for 20 years for use by they county for the purchase of sensitive lands. They also would accept the additional condition regarding he use of water. They will accept approval of 2 of 4 units to begin with and will come back to the Board on the other 2 or whatever is necessary to obtain approval and they are aware that the fuel type will be defined and if there was a change it would require an amendment from the Board. It was moved by Com. Craft, seconded by Com. Coward, to approve the Conditional Use Permit and Major Site Plan to include the added stipulations as stated, and; upon roll call motion carried unanimously. 12 9.G GROWTH MANAGEMENT (6-006) Consider Draft Resolution No. 05-357 granting Preliminary Planned Unit Development approval for the project to be known as River Landing0 PUD for property located on the th ease side of South 25 St.- Consider staff recommendation to approve Draft Resolution No. 05-357. Mr. Albert Moore, attorney for the applicant, addressed the Board on this item. The Board disclosed having contact with the applicant’s representative- Quasi-Judicial. Ms. Arlen Goodman White City resident, addressed the Board in objection to the 99 plus proposed townhomes in the area and addressed the flooding in the area. Mr. John Ferric, North Fork Property Owners Association addressed the Board in opposition to the project. He also addressed the flood plain issue. Mr. Doran Russell, Midway Road resident, addressed the Board in opposition to the project and sated he also was speaking in opposition on behalf of Mr. King and M/M Cappobianco. th Ms. Patricia Ferrick, 25 St resident, addressed the Board in opposition to the project due to it being in a flood plain and stated it was inconsistent with the area and the land development code. Mr. Hal Jeris, principal developer of the project,. addressed the Board. Com. Craft stated he felt the County Engineer needed to review the project again and would like further review from staff. Com. Hutchinson stated she would like more information from staff on the flood zone area and also the traffic impact study. Com. Smith suggested proceeding with the public hearing tonight. Com. Coward stated he would like to see the site plan and would like to understand how the drainage issue would be dealt with and din what detail. The Engineer for the project addressed Com. Coward’s questions on the drainage. Com. Coward stated there is compatibility issue here as well as the character of White City community and believes the plan need to be improved and he would also like an inventory of the houses in White City. It was moved by Com. Craft, seconded by Com. Coward, to continue this public hearing on November 29, 2005 at 6:00 p.m.or as soon thereafter due to possible changes proposed, and; upon roll call, the vote was as follows: Nay: Smith, Aye’s: Coward, Craft, Lewis, Hutchinson, motion to continue carried by a vote of 4 to 1. 9.H GROWTH MANAGEMENT (7-0500) Consider the petition of Kathy Sue and Susan J. Brumley to define a Class A Mobile Home as a detached single family dwelling unit to be placed on 9.56 acres of land located at 5221 Emerson Avenue in the AG-1 zoning district- Resolution No. 05-386. It was moved by Com. Craft, seconded by Com. Lewis to approve Resolution No. 05- 386, and; upon roll call, motion carried unanimously. 9.I COUNTY ATTORNEY (7-545) 13 Emergency Ordinance No. 05-038- Debris Removal from Private Right of Way- Consider staff recommendation to approve Emergency Ordinance No. 05-038. It was moved by Com. Coward, seconded by Com. Craft, to approve Ordinance No. 05- 038, 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 Circuit Court . 14 15