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HomeMy WebLinkAboutBOCC Minutes 11-08-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 8, 2005 Convened: 9:00 a.m. Tape: 1-4 Adjourned: 10:40 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Joe Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Mike Brillhart, Special Projects Manager, Don West, Public Works Director, Pete Keogh, Parks and Recreation Director, Marie Gouin, M & B Director, Ed Parker, Purchasing Director, Mille Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held November 1, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 05-401 Proclaiming November 15, 2005 as ”Philanthropy Day” in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- 401, and; upon roll call, motion carried unanimously. B. Cris Adams, United Way’s School Supplies for Students Coordinator, recognized the Board of County Commissioners employees for their donations during the drive. C. Resolution No. 05-419 Proclaiming the week of November 6, 2005 through November 12, 2005 as “Veterans Awareness Week” in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Smith, to approve Resolution No. 05- 419, and; upon roll call, motion carried unanimously. rd D. Board Presentation- The County Administrator presented the 23 Annual Chili Cook Off Awards. E. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS th Ms. Patricia Ferrick S. 25 Street resident, addressed the Board in favor of the building of the special needs shelter at the Fairgrounds. Sheriff Ken Mascara addressed the Board and presented a check in the amount of $1,147,397.70 for reimbursement from FEMA also he presented interest earnings on his 04/05 budget in the amount of $ 135,449.50. Com. Smith addressed the law enforcement issues for the COPS MORE grant for 10 new road deputies. The Sheriff addressed the amount of the grant and the match and what was done to afford the 10 deputies needed. 1 Com. Craft stated he did not have a problem with Com. Smith’s suggestion to return the interest monies to assist in the funding of the 10 deputies. Com. Coward and Com. Lewis concurred with the suggestion. Com. Hutchinson asked this be placed on the next meetings agenda. The Sheriff thanked the Board for their support. The County Attorney suggested conceptually approving the grant application and then waive the return and direct the Budget Director to take whatever action necessary to make the budget conform to the action. It was moved by Com. Smith, seconded by Com. Craft, to conceptually approve the grant application, waive the return and direct the Management and Budget Director to take necessary action as direction, and; upon roll call, motion carried unanimously. 4. CONSENT AGENDA (1-110) It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 5. 2. COUNTY ATTORNEY A. Resolution No. 05-413- extending the State of Emergency for Hurricane Frances; and Resolution No. 05-414 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-413 and Resolution No. 05-414. B. Resolution No. 05-415 extending the state of emergency for Hurricane Wilma- The Board approved Resolution No. 05-415. C. Contract for Sale and Purchase- Midway Road Widening Project- Mr. & Mrs. Fagan- Tax ID 3403-502-0168-00/2- The Board approved Contract for Sale and Purchase fro Mr. & Mrs. Fagan for the purchase price of $150,000., authorized the Chairman to sign the Contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. D. 2005 Florida Department of Law Enforcement, Office of Domestic Preparedness Homeland Security Grant Program Law Enforcement Terrorism Prevention Grant- The Board authorized the Chairman signing the Certificate of Acceptance of Sub grant Award. E. Request Permission to Advertise- Public Hearing – Petition to abandon th a portion of a 60 foot right of way known as South 7 St., - The Board approved advertising a public hearing to be held on December 13, 2005 at 9:00 a.m. or as soon thereafter as possible. F. Permission to Advertise- Ordinance No. 05-041 Firearms for public hearing on December 13, 2005 at 9:00 a.m. - The Board approved advertising the public hearing. G. Contract for Sale and Purchase- Indrio North Savannas- Chadwick, Howes, DiPietro, Loftus- Parcel 170- The Board approved the Contract for Sale and Purchase for Parcel 170 for the purchase price of $135,000 authorized the Chairman to sign the Contract and directed 2 staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. H. Aircraft Rescue Firefighting- The Board approved the Interlocal Agreement with St. Lucie County Fire District and authorized the Chairman to execute the agreement. 3. PUBLIC WORKS A. Permission to Advertise 20 Public Hearings- The Board approved advertising 20 public hearings stating the County’s intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units to beheld on December 13, 2005 and 9:00 a.m. B. Navajo Avenue South MSBU- Interlocal Agreements with the Ft. Pierce Utilities Authority and the City of Ft. Pierce to provide potable water- The Board approved the Interlocal Agreements and authorized the Chairman to sign. C. Sunland Gardens Phase 2 MSBU- Interlocal Agreement with Ft. Pierce Utilities Authority and the City of Ft. Pierce to provide potable water to the Sunland Gardens Phase 2 MSBU - The Board approved the Interlocal Agreements and authorized the Chairman to sign. D. Change Order No. 1 to contract with Dickerson Florida, Inc., in the th amount of $49,349.53- SR 615 S. 25 Roadway Widening- The Board approved Change Order No. 1 to the contract with Dickerson Florida Inc. for modification of plan quantities to facilitate construction and authorized the Chairman to sign. E. Award of Bid No. 05-114 Sunrise Blvd., culvert replacement of Canal No. 10 project to Johnson-Davis Inc., in the amount of $228,260.00- The Board approved the awarding of Bid No. 05-114 to Johnson Davis in the amount of $228,260.00 establish the project budget and authorize the Chairman to sign the contract as prepared by the County Attorney. F. Second Amendment to Work Authorization No. 16- C00-11-179- The Board approved the second amendment to Work Authorization No. 16- C00-11-179 for Soil Testing Services with Dunkelberger Engineering & Testing for the sole purpose of a time extension in which all work shall be completed on or before March 31, 2006 and signature by the Chair. 4. PARKS AND RECREATION A. Approval of the Sixth Amendment to Interlocal Agreement- Traffic Control and Security at the St. Lucie County Sports Complex- The Board approved the sixth amendment to the Interlocal Agreement between the County and the City of Port St. Lucie to provide officers for traffic control and security effective December 11, 2005. B. Approval of payment for minor league kitchen construction- The Board approved payment to Rodda Construction in the amount $27,220.00 for minor league kitchen improvements. C. Patio construction at Tradition Field- The Board approved $66,285.10 to construction a pavilion at Tradition Field. 3 5. ENVIRONMENTAL RESOURCES Budget Resolution No. 05-404- The Board approved Budget Resolution No. 05-404 to allow the appropriation and expenditure of $2,472,863.00 received as reimbursement from Florida Communities Trust, toward the purchase of Environmentally Sensitive Lands. 6. AIRPORT Airfield Lighting Project No. 03-021- Change Order Four- Florida Industrial Electric Inc.- The Board approved Florida Industrial Electric Inc., C)# 4 and authorized the Chair to execute the CO increasing the contract amount by $25,249.23 and adding on 170 day contract extension to March 11, 2006 for a new contract total of $1,138,802.73 for the Airfield Lighting Rehab Project at the St. Lucie County International Airport. 7. MANAGEMENT AND BUDGET A. Budget Resolution No. 05-411 to establish the budget for the FDLE Edward Byrne Memorial Justice Assistance Grant for 2006 in the amount of $57,486.00 - The Board approved Budget Resolution No. 05-411. B. Budget Resolution No. 05-405 to establish the FY 2006 Budget for a grant awarded by the USDA/NRCS Wetland Reserve Program to be used by the Environmental Resources Department in connection with restoration activities on the Teague Parcel. C. Repayment of $650,000.00 Tourist Development Tax Revenue Note- The Board approved repayment of the outstanding balance including interest earned as of 11-30-2005 and repayment penalty for the $650,000.00 Tourist Development Tax Revenue Note. D. Approval of Budget Resolution No. 05-418- recognizing revenue from the Federal Emergency Management Agency and the State for hurricane related expenses- The Board approved Resolution No. 05- 418 recognizing revenue from FEMA and the State for hurricane related expenses. 8. GRANTS A. Submittal of a grant application to the Florida Coastal Management Program in the amount of $50,000.00 for a boardwalk and fishing/observation pier, educational /entrance signage, and exotic plant removal at Queens Island. The Board approved the submittal of the grant application, authorized the acceptance if approved for funding. B. Authorize submittal of a grant application to the U.S. Department of Environmental Protection, Office of Environmental Education for funding of no more than $80,000 to be used to develop and construct a $155,000.00 educational exhibit at the Oxbow Eco-Center- The Board authorized submittal of the grant application and the acceptance if the grant is awarded. C. Grant application to the Florida Boating Improvement Program and the Florida Fish and Wildlife Commission for funding in an amount not to exceed $150,000 to be matched 1:1 will help fund the construction of a shoreline revetment, mooring dock and floating canoe/kayak launch and fishing pier at River Park Marina- The Board authorized submittal of the grant application approved Resolution No. 4 05-412 authorizing the project manager to administer the grant on behalf of the Board of County Commissioners of St. Lucie County. 9. COMMUNITY SERVICES A. Request for Board approval and authorize the Chair to sign the grant extension to December 15, 2005 for the Florida Dept., of Community Affairs Emergency Management Residential Construction Mitigation Program- The Board authorized the Chair to sign the grant extension with the Florida Department of Community Affairs to implement the Emergency Management Residential Construction Mitigation Program. B. Request for Board approval and authorize the Chair to sign the Interlocal Agreement with the Ft. Pierce Housing Authority for the installation of hurricane window barrier on the senior residential units - The Board authorized the Chair to sign the interlocal agreement with the Ft. Pierce Housing Authority . 10. UTILITIES Approval of Final Payment Application and release of retainage with Ditchdiggers, Inc., for work completed for the Seminole Utility Extension in the amount of $60,339.18- The Board approved the Final Payment Application and release of retainage with Ditchdiggers, Inc., for work completed for the Seminole Utility extension in the amount of $60,339.18. 11. GROWTH MANAGEMENT A. Tourism and Economic Development Division- Grant Request for the Navy UDT Seal Muster XX - The Board approved the proposed grant request for the Navy UDT Seal Muster in the amount of $2,000.00 and issue a check for this amount. B. Tourism and Economic Development Division- Grant request for the 2005 Southern Kingfish Association National Championship- The Board approved the proposed grant request and issue a check for the $2,000.00 . C. Tourism and Economic Development Division- Grant Request from the Treasure Coast Sports Commission for the Southern Kingfish Association National Championship- The Board approved the proposed grant request for the SKA Fishing Championship in the amount of $15,000.00. 12. PURCHASING A. Approval of Hurricane Related Purchases- The Board approved the attached list of hurricane related purchases. B. Change Order No. 1 for Contract C05-10-535 with Deubel Company- The Board approved Change Order No. 1 for Contract C05-10-535 with Deubel Co., and authorized the Chairman to sign the change order as prepared by the County Attorney. C. Third Extension to Contract C01-10-146 with Ardaman & Associates Inc., and Contract C01-10-159 with RUS Corporation for Environment Services for Phase II Contamination Assessment- The Board approved the third extension to the contracts and authorizes the Chairman to sign the extension as prepared by the County Attorney. 5 D. Third Extension to Contract No. C01-10-145 with Ardaman & Associates Co1-10-152 with R.L. Weigt Environmental Consultants, Inc., C01-10-161 with BSE Consultants Inc., and C01-10-189 with Kimley Horn & Associates, Inc., for Environmental Services Phase 1 Assessments and Wetland Delineation- The Board approved the third extension to Contracts C01-10-145, C01-10-161 and C01-10-189 and authorized the Chairman to sign the extensions as prepared by the County Attorney. E. Seventh Amendment to Contract No. C02-04-399 with Terminix International Company- The Board approved the Seventh Amendment to Contract No. C02-04-399 and authorized the Chairman to sign the amendment as prepared by the County Attorney. F. Award Bid No. 05-110- Purchase & Installation of Hurricane Barriers for FPHA Seniors Residences- The Board approved awarding Bid No. 05-100 to Phoenix Architectural Products for a total amount of $245,389.00 and granted permission for the Chairman to sign the contract as prepared by the County Attorney. G. Bid No. 05-116 Purchase & Installation of Security Systems-Public Safety- The Board approved Budget Amendment BA 06-107 Equipment Request EQ 06-220, the award of Bid No. 05-116 to the lowest bidder , TCI,LLC for the total amount of $28,834.00 and authorized for the contract to be signed by the Chairman as prepared by the County Attorney. H. Fixed Asset Inventory Property Record Removal- The Board authorized staff to remove the records from the fixed asset inventory of the BCC. 13. ADMINISTRATION Public Art and Design Committee- The Board ratified Com. Craft’s appointment of Mr. Cochran to the Public Art and Design Committee. REGULAR AGENDA 6. ADMINISTRATION Community Budget Issue Request (CBIR) /Legislative Issue Requests. Authorize the County Administrator to submit the Community Budget Issue Requests and Legislative Issue Requests to the State Legislature for the following: Funding Requests: 1. Treasure Coast Research and Education Center 2. Special Needs Shelter 3. Emergency Operations Center 4. Orange Avenue Widening 5. Relocation of UF/IFAS Field Operations 6. Treasure Coast Regional Biosolids Management Facility 7. Kings Highway Widening Legislative Issues Requests: 1. Nursing Homes, Assisted Congregate Living Facilities (Hurricane Related) 2. Mobile Home Regulations (Hurricane Related) 3. Dialysis Units (Hurricane Related) 4. Hurricane Vegetation/Debris Removal in Private Communities and on Private Roads (Hurricane Related) 6 5. State Trust Funds for SHIP and Transportation Disadvantaged 6. Medicaid Nursing Home and Hospital Billings 7. Health Care Responsibility Act 8. Agency for Health Care Administration 9. Grocery Store Chains ( Hurricane Related) 10. County Jails Housing State Prisoners It was moved by Com. Lewis, seconded by Com. Coward, to approve submitting the listed requests, and; upon roll call, motion carried unanimously. 7. PUBLIC WORKS Code Compliance Division- 501 Weatherbee Road- Request for authorization to Commence Removal of Unsafe Structure- Consider staff recommendation that the Board reaffirm its previous order on September 21, 2004 and authorize staff to proceed with the removal of this unsafe structure and to assess the costs associated with this removal against the real property on which this structure is located. It was moved by Com. Craft, seconded by Com. Coward to approve staff recommendation, and; upon roll call, motion carried unanimously. 8. PUBLIC WORKS Code Compliance Division 3506 Avenue R- Request for authorization to Commence Removal of Unsafe Structure- Consider staff recommendation that the Board reaffirm its previous order on December 21, 2004 and authorize staff to proceed with the removal of this unsafe structure and to assess the costs associated with this removal against the real property on which this structure is located. It was moved by Com. Smith, seconded by Com. Craft to approve staff recommendation, and; upon roll call, motion carried unanimously. 9. PUBLIC WORKS (1-2077) Code Compliance Division- Appeal from the Contractor’s Examining Board by Jonathan Oaks- Consider staff recommendation to affirm the order of the Contractors Examining Board. The Code Compliance Licensing Supervisor gave a background on this issue and stated Mr. Oaks had received disciplinary action charged with violating St. Lucie County Code Section 2-5-19 subsection 9, Section 2-5-19 subsection 12, Section 2-5-19 subsection 13, Section 2-5-20 subsection 3, Section 2-5-20 subsection 4, Section 2-5-20 subsection 5, Section 2-5-20 subsection 11, Section 2-5-20 subsection 15. Mr. Mike McSoley, attorney representing Mr. Oaks addressed the Board. He stated the County Board of Examiners he felt their order was not specific enough to comply with 2- 5-21 the last sentence. They had an issue last week and met again to try to clarify it and he felt they have not clarified it sufficient to comply with that ordinance. Not to exceed one year is not a specified amount of time. Mr. McSoley addressed the permits Mr. Oaks had applied for previously, the work completed and the fact that the balance of the work has not been completed due to lack of payment from the homeowner. The Assistant Code Enforcement Manager stated the one year period would be acknowledged as stated in the ordinance. The reason it does not specify an exact date is due to the fact they do not know when the state will be responding to the county. The state would decide if they needed to take stern action and revoke his license. We only suspended his privileges in this county because he did not follow proper requirements and this was done by our local board. The County Attorney gave the Board the following options: 7 Send this back to the local contracting board and request they clarify a period of time. The Board could affirm the decision of the Contractor’s Licensing Board and could make a recommendation that they further clarify the order to identify a specified period of time not to exceed one year. The County Attorney advised they Board they are a reviewing Board and cannot set times this must be done by the Contractor’s Licensing Board and they have done so. It was moved by Com. Coward, seconded by Com. Craft to approve staff recommendation to affirm the order of the Contractor’s Licensing Board, and; upon roll call, motion carried unanimously. At this time, the Chairperson asked for comments on the Civic Center issue which will be discussed at 6:00 p.m. City Commissioner Duke Nelson addressed the Board and stated he applauded the fact they would be delaying this issue until after 6:00 p.m. It was moved by Com. Coward, seconded by Com. Craft, to continue items 5A, 10,11 and 12 until 6:00 p.m. tonight; and, upon roll call, motion carried unanimously. Recess: Re-convened 6:00 p.m. 10. ADMINISTRATION (2-070) Staff requested the Board’s direction on whether to repair or replace the hurricane damaged Civic Center. It was moved by Com. Coward, seconded by Com. Smith, to remove the facility staying within the $400,000 allotted by insurance and granted permission to obtain quotes, and; upon roll call, motion carried unanimously. 11. ADMINISTRATION Special Needs Shelter- Staff requested direction on the location of the Special Needs Shelter. The County Administrator addressed the requirements for a new facility to be designated as a special needs shelter. The County Administrator also reviewed the sites for consideration by the Board sent by the City Manager of the City of Port St. Lucie for the Board to consider. The following criteria was also discussed: Storm serge Rainfall flooding Dam safety Hazmat consideration Lay down hazard exposure Wind debris exposure Wind design and construction type Funding- They have identified two sources of funding at this time: State 2.5 million from the state budget (August 2008 they must have a certificate of occupancy or these funds go back to the state). Hazard Mitigation grant application $7 million and they believe they will get these funds, also insurance proceeds from the Civic Center can also go towards this facility. 8 Cost – known estimated cost for the Human Resource Development Center, $ 4.2 million, Lawnwood Complex , $8 million, SLC Fairgrounds $4.2 million. The County Administrator gave the pros and cons of each site and the checklist standing. The Board discussed the locations and the accessibility to the nearby hospitals. The County Administrator commented on the funding availability for the various locations. Commissioner Duke Nelson, addressed the Board and stated the proposed center they have is in the CRA area and the funding is in place for the project. It has the utility in place and is close to those who would utilize it. He also stated there was room to place a helipad at the location. st The Public Safety Director stated his selection for the site would be 1 Fairgrounds and nd 2 Lawnwood Complex. Com. Coward asked if they were to go with selection two if he had any concerns that he would not be able to perform his emergency management duties. The Public Safety Director stated he did not have any concerns about that issue. Com. Hutchinson stated in her opinion they are down to those two selections. Com. Coward stated he felt the Lawnwood Complex was the best location and would be the best bang for the buck. This facility has a higher price tag because it has more uses recommended. Com. Hutchinson stated before she makes a decision she would need to know what she would be giving up before taking any funds from elsewhere (Harborbranch) and this needs to be done with full Board discussion. The Board continued discussion. It was moved by Com. Craft, seconded by Com. Coward, to locate the special needs shelter in the form of a gymnasium at the Lawnwood Complex, and; upon roll call, the vote was as follows: Aye’s ; Smith, Lewis(with misgivings and hesitation), Coward, Craft; Nays: Hutchinson, motion carried by a vote of 4 to 1. The County Administrator advised the Board he would be going back to the state to get additional funding for the special needs shelter and this would help makeup the shortfall. Com. Craft directed staff to contact the YMCA for their input on programming etc. Com. Smith asked the County Administrator to bring back to the Board the actual needs Master Plan of the Fairgrounds. Com. Coward stated he would like to have more discussion on the design and it proceeds. 12. PUBLIC SAFETY Special Needs Shelter- Accept the 2.5 million dollar grant from the State of Florida, Contract No. 06CP-4Y-01-13-01 to help in the construction of anew special needs shelter. It was moved by Com. Coward, seconded by Com. Smith to accept the 2.5 million dollar grant from the State of Florida, and; upon roll call, motion carried unanimously. Break 9 PUBLIC HEARINGS 5.A GROWTH MANAGEMENT (3-0182) Second Public Hearing (continuation from October 4, 2005 meeting) on Draft Ordinance No. 05-013 Research and Education Park Overlay Zone. The Special Project Manager addressed the Board regarding their request to make changes to the Ordinance. He also advised them of additional changes made as of today. It was moved by Com. Coward, seconded by Com. Lewis, to approve Ordinance No. 05- 013 with the addition of the financial institution under conditional uses as alluded to by the Special Project Manager, the additional citation of Florida Statute dealing with the right to farm and the notation on the overlay zone map identifying the urban service boundary, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (30570) Draft Resolution No. 05-353- Paparone Homes of Florida- Preliminary PUD Site Plan- Consider staff recommendation to approve Resolution No. 05-353 Preliminary PUD Site Plan for a project to be known as Sunnyland Farms- PUD. Mr. Bob Raynes, attorney for the applicant, addressed the Board and gave a brief presentation. Mr. Gregg Boggs, Thomas Lucido & Associates, presented the project and stated their clubhouse would be a hurricane shelter for the community. Mr. Raynes stated they were still in negotiations with the School District and there have been discussions in possibly providing land for a school site or paying over and above the impact fees for schools. The Board members advised everyone they have met with the applicant. It was moved by Com. Lewis, seconded by Com. Smith to approve Resolution No. 05- 053, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT Consider adoption of Draft Resolution No. 05-352 granting Centerline Acquisition, Inc. Preliminary Planned Development Site Plan approval for a project to be known as Ravinia PUD. Mr. Julian Bryan, attorney for the petitioner addressed the Board on this issue. Ms. Arlene Goodman, President of the White City Improvement Club, addressed the Board and referenced a letter sent to the Planning and Zoning Board. Ms. Goodman commented on safety of the children in the area while waiting for a school bus and asked the Board to look at asking the developers to designate a safety area for the children. Ms. Dawn Campbell, new homeowner in St. Lucie County, addressed the Board and stated the homes in this new development would be very close to her home. She had been told when purchasing her property the area was a preserve. She asked the developer not place two story homes in her back yard jeopardizing her space. Mr. Greg Johnson, Relief Court resident, addressed the Board regarding his family’s investment in the home they built in the area. In the county records it showed this property as preserve. 10 Staff advised what he may have seen is on the property appraisers map there is open space conservation lands that the City of Port St. Lucie has behind this property. Com. Coward stated this is within the city limits and not the County’s jurisdiction. He advised the Board he was not aware of the woods ever being placed as a preserve. Mr. Mike Richardson, soon to become a St. Lucie County resident, addressed the Board and stated he concurred with the Environmental Department and asked the Board to give the existing neighbors some consideration. Ms. Rona Perry, White City resident, addressed the code and off site mitigation. She requested the entrance road to the development be relocated to the east side of the property. Mrs. Nora Richardson, expressed her concerns with the visual aspect of the property and the fact two story homes would be built in the area and the density. Ms. Clara Jackson, area resident, stated the ditch has been in existence for 20 or 30 years and beyond it was ranch land. She is pleased they are putting in single family homes as opposed to townhouses. Her only request was they do not use Rainbow Drive as an ingress or egress. Mr. John Ferrick, North Fork Property owners addressed the Board and read a letter into the record. The letter stated they concur with the objection of utilizing Rainbow Drive as an ingress and egress. Ms. Noreen Drwyer, attorney for the applicant, addressed the Board and responded to the comments made. The applicant had gone through great lengths to develop a quality project. She stated there is not a connection of Rainbow Drive to this development. It is not an access. The access will be made to avoid the wetland area and they do agree with all the conditions of approval. There will be a change to condition four as to where the applicant would provide bonding of the two lanes on Midway Road. They will contribute to the cost of building them instead as per staff’s request. Ms. Rebecca Revas, area resident, addressed her concern with the exist they will be placing on Christianson Road. Com. Craft stated the people have a right to develop their property and they are trying to strike a balance between nature and the existing residents. The Board is attempting to preserve as much as possible. He would like to see more of the type of vegetation to be planted and would like to have the diagram to review at the final. Com. Coward stated the surrounding area has 4 units to the acre and this project is coming in at 2 to the acre so the concerns of density do not make sense to him. The moral to the story is “don’t fall in love with your neighbors property” if you don’t own it, you do not have property rights there. They have the opportunity to do a good landscape buffering there is a lot of distance between the homes. It is also essential to keep the ingress and egress as proposed. They have development rights and that includes utilizing public roadways. The Board disclosed speaking with various neighbors- Quasi-Judicial. The developer stated they would lower the height of the two story homes to 30 feet if necessary. Com. Lewis stated she would like to also see more investigation done on the wetland area with the entrance drive. Com. Hutchinson concurred and stated if they can go back and look at it and also when this comes back for final it be included very detailed the cross section on the landscape plan on the south end. 11 The County Attorney suggested identifying additional information needed. It was moved by Com. Craft, seconded by Com. Lewis, to approve the Preliminary PUD as amended also requesting the additional information, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT Draft Resolution No. 05-351 granting the application of Rose Apciprete for a Conditional Use Permit to allow the Retail Sale of Liquor in a Commercial , General Zoning District. Consider staff recommendation to approve Resolution No. 05-351 granting the request with the condition liquor be sold between the hours of 7am –11:00p.m. in the existing store. Ms. Debra Cline, property owner Crossroads Center, addressed the Board regarding the broken pipe and stated they object to the petition due to the traffic it would cause at this time since the drainage pipe that has collapsed has not been repaired. Com. Coward stated Public Works staff would be working on this matter as early as tomorrow. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- 351, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT (4-2012) Consider Draft Resolution No. 05-356 granting a Change in Zoning from the HIRD Zoning District to the PUD and Final Development Site Plan Approval for the project to be known as Ocean Estates. Mr. Bobby Klein attorney for the petitioner, addressed the Board and stated they accepted the conditions. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05- 356, and; upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT (4-2238) Request of Treva Gilkey, for a waiver of the fair share of paving costs for the paving of a road accessing a proposed 3-lot subdivision located at 4311 Favorite Road .- Consider staff recommendation that the request be denied. Mr. Andrew Riddle, staff planner addressed the Board on this issue. Com. Coward stated it a fair share contribution and if anyone is building subdivision, they should pay their fair share. Mr. Gary Gilkey, spouse of applicant stated he had a problem with the project being called a subdivision. The widow owning the property, Ms. Swegles lost her home in the storm last year and had to live in a trailer. She had an offer from a developer to build duplexes and she was very upset. Mr. And Mrs. Gilkey offered to buy the two lots and the widow would be building her home with this money. Mr. Gilkey is building two homes on the property he would like to purchase and also Ms. Swegles new home on the other lot since she wishes to remain in the area. They are not developers he has never built a house in his life. He is trying to build 3 homes and is being asked to pay $90,240.00 as contribution. If they are asked to pay this amount, he will not be able to purchase the property. Mrs. Treva Gilkey addressed the Board and stated she felt it was not essential to pave the road and the Board can grant the waiver. Com. Coward commented on the minimum contributions required by a subdivision. 12 Com. Hutchinson stated she had a list of names of the residents in the area who do not wish to have the road paved. Also her concern is that the funds are held for 10 years and then returned if the balance of the road is not paved. Com. Coward commented on the calculation of the road improvements fair share. The Road and Bridge Manager gave the procedure on the calculation of requirements between the Public Works Director and himself. Com. Hutchinson suggested continuing this item for further information to be presented by the Road and Bridge Manager. It was moved by Com. Craft, seconded by Com. Lewis to continue this item on November 22, 2005 at 9:00 a.m. or as soon as possible thereafter, 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 13 14