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HomeMy WebLinkAboutBOCC Minutes 09-06-2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 6, 2005 Convened: 4:00 p.m. Tape: 1,2 Adjourned: 7:30 p.m. Commissioners Present: Frannie Hutchinson,Chairman; Doug Coward, Joe Smith, Chris Craft, Paula Lewis Others Present: Doug Anderson, County Administrator; Ray Wazny, Asst. County Administrator; Faye Outlaw, Assistant County Administrator; McIntyre, County Attorney; Don West, Public Works Director; David Kelly, Planning Manager; Pete Keogh, Director, Parks & Recreation; Mike Powley, County Engineer; Ed Parker, Purchasing Manager; Scott Herring, Road & Bridge Manager; Vanessa Bessy, Environmental Lands; Beth Ryder, Human Services Manager; Susan Kilmer, Library Manager; Linda Pendarvis, Growth Management; Karen Butcher, Growth Management; Paul Julin, Parks and Recreation; Hank Flores, Growth Management; Ron Harris, Public Works; Lauri Heistermann, Deputy Clerk 1. MINUTES It was moved by Commissioner Coward and seconded by Commissioner Craft to approve the minutes of the meeting held August 23, 2005 and upon roll call motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Presentation by Faye Outlaw, Assistant County Administrator on Growth Management Public Hearings Schedule – Staff seeking direction from the Board on the schedule. She informed the Board that staff was seeking direction on the Growth Management public hearings contemplated for the October 11 and October 18 evening meetings. thth Due to the extensive public interest generated in the proposed TVC element and FPL Coal Plant, the Board may want to consider modifying its meeting schedule to better accommodate the other public hearings. Commissioner Hutchinson Suggested starting the October 11 and the 18 meetings thth earlier. Commissioner Lewis asked if staff was going to have a report from the negotiations with the Air Quality Consultant for the review of documents pertaining to a proposed pulverized coal-fired power prior to the meeting scheduled for September 29. th Vanessa Bessey stated that negotiations will begin tomorrow and based on what the committee saw in the responses received, they can expect a two to three week turn around. On the air quality analysis. Commissioner Hutchinson asked if any of the meetings could be pulled for a separate meeting. Faye Outlaw stated that this is the direction that they were seeking from the Board. She informed the Board that the Friedman Plan Amendment and the Reserve Island Club were date certain by the Board for October 4, 2005. The October 4 meeting was th changed to a morning meeting so these items needed to be rescheduled to either October 11 or the 18. thth Commissioner Hutchinson asked if all the issues that the board has brought forward, regarding the Reserve, along with the public have been addressed. This has been continued a number of times and she stated that she would not want to see it continued again. Fay Outlaw stated that she had not gotten an update from Colter, but it is her understanding that they are still in the process of resolving those issues. They were to have had a meeting with the Fire District and are still doing due diligence on the rest of the issues that were brought up by the residence of the Reserves. Commissioner Smith stated that hopefully Colter would be ready on that evening. Commissioner Hutchinson asked if it would be alright to leave this meeting scheduled on the 11. th Commissioner Hutchinson asked the Board if they wanted to do the FPL Site Plan, the Reserve Island Club, Hawks Point/Hawks Reserve PUD’s and Sunny land PUD, Ravina PUD and Alcohol Sales CU all on October 11, 2005. Commissioner Smith asked if any of the hearings could be heard during the day. Dan McIntyre stated that there are provisions that require hearings be handled after 5:00 p.m. The intent is to maximize public participation. Based on a policy standpoint it would be better to hold them at night to avoid any appearance that public input is being avoided. Commissioner Coward stated that the FPL Plant is going to be detailed enough that it may be appropriate to pull from October 11, 2005 and hold a special meeting just for this hearing. Commissioner Hutchinson concurred. She requested a specific date and time. Commissioner Hutchinson suggested October 12. th It was the consensus of the Board to hold the public hearing for FPL on October 12, 2005 at 6:00 p.m. Commissioner Hutchinson suggested also doing the TVC separately. It was the consensus of the Board to start the meeting of October 18, 2005 at 6:00 p.m. Fay Outlaw informed the Board that there could be extensive public comment on Friedman Plan Amendment, which is also scheduled for October 18, 2005. It was the consensus of the Board to hold the public hearing for TVC on October 17, 2005 at 6:00 p.m. It was the consensus of the Board to hold the public hearings on October 11, 2005 at 6:00 p.m. Commissioner Craft asked if this meeting had to be done as a public meeting. Dan McIntyre stated that the law requires that all Board business be conducted in front of the public. B. Resolution No. 05-323 - Proclaiming the month of September, 17 2005 as “Citizenship Day”, and further Proclaiming September 17, 2005 through September 23, 2005, as “Constitution Week” in St. Lucie County, Florida – the Board approved Staff recommendation to adopt Resolution No. 05-323 as drafted. It was moved by Commissioner Craft and seconded by Commissioner Lewis to approve Resolution No. 05-323 and upon roll call motion carried unanimously. Paul Riteker accepted resolution No. 05-323 C. Resolution No. 05-342 – Proclaiming September 17, 2005 as “POW/MIA Day of Remembrance” for those who suffered as prisoners of war or are still missing as a result of the Vietnam War – The Board approved staff recommendation to adopt Resolution No. 05-342 as drafted. It was moved by Commissioner Smith and seconded by Commissioner Craft to approve Resolution No. 05-342 and upon roll call motion carried unanimously. Mr. Osbourne accepted Resolution No. 05-342. D. Reading of the Announcements by the County Administrator Doug Anderson read the announcements. 3. GENERAL PUBLIC COMMENTS John Arena addressed the Board. He voiced his concerns on barges in the harbor the air quality. 4. CONSENT AGENDA It was moved by Commissioner Lewis and seconded by Commissioner Coward to approve the consent agenda with the addition of CA1 and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 48 and 49. 2. COUNTY ATTORNEY A. Resolution No. 05-336 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-337 Extending the State of Emergency for Hurricane Jeanne – The Board approved staff recommendation to approve Resolution No. 05-336 and Resolution 05-337 and authorized the Chairman to sign the Resolutions. B. Resolution No. 05-332 – Amending the schedule of Civil Penalties in Section 1-6.8-29 – The Board approved staff recommendation to approve Resolution No. 05-332 and authorized the Chairman to sign the Resolution. C. First Amendment to Amended and Restated Interlocal Agreement Concerning Educational Facilities Impact Fees – The Board approved staff recommendation to approve the First Amendment and authorized the Chairman to sign the First Amendment. D. Creation of Pretrial Services Implementation Committee – The Board approved staff recommendation to accept the recommendation of the Public Safety Coordinating Council, and granted permission to create an implementation committee for the development of a Pretrial Services Program. E. Bear Point Mitigation Bank – Credit Purchase Agreement with B&C West Side Development, LO.L.C. for Ocean View Condominiums – The Board approved staff recommendation to approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with B&C West Side Development, L.L.C., and authorized the Chairman to sign the Agreement. F. Unclaimed Moneys Deposited or Collected by the St. Lucie County Clerk of Court – The Board approved staff recommendation that the Affidavit of Publication be filed and recorded in the Board Minutes. G. Florida Department of Environmental Protection Innovative Recycling/Waste Reduction Grant – Subgrant Agreement with St. Lucie Habitat for Humanity, Inc., - The Board approved staff recommendation to approve the proposed Subgrant agreement with St. Lucie Habitat for Humanity, Inc., and authorized the Chairman to sign the agreement. 3. PARKS AND RECREATION A. Seal Museum Defective Septic Field System – The Board approved staff recommendation to approve the use of $30,235.00 from General Fund Contingency to include the Navy UDT Seal Museum in the Pepper Park project that will eliminate the current defective sewer system. The Board approved Budget Amendment No. –5-185. B. Construction Bond for Sheraton Plaza Sports Field lighting upgrade – Budget Amendment No. BA05-186 – The Board approved staff recommendation to approve Budget Amendment No. BA05-186 and use $3,050.00 from the General Fund Contingency to cover the cost of the public construction bond to Davco Electrical Contractors for the repair and upgrade at Sheraton Plaza Park. C. Lawnwood Stadium Baseball Fields construction – The Board approved staff recommendation to approve to allocate $9,300.00 or Park Referendum dollars to clear the site and initiate the construction of one baseball and two softball fields at the Lawnwood Recreation area. D. Reallocation of Park Impact Fees “A” for the Savannas Maintenance Building – The Board approved staff recommendation to approve the re- allocate $103,960.00 in Park Impact Fees “A” from the Stewart Mine project to fund the Savannas Recreation Area Maintenance Building construction. E. Purchase of an Irrigation Control Clock – Equipment Request No. 05-372, A 3-Point Hitch Post Hole Digger – Equipment Request No. 05-373, and Budget Amendment No. 05-187 – The Board approved staff recommendation to approve Budget Amendment No. BA0-187 to purchase an irrigation control clock EQ05-372 for Lawnwood Stadium, and a 3-point hitch post hole digger EQ05-373 at a cost of $3,900.00 and $2919.00 respectively. F. Concrete around the Fairgrounds Maintenance/Office Building – The Board approved staff recommendation to approve to pour concrete around the maintenance/office to ensure that the water runs off property. Total cost of the project is $10,704.00 G. Adams Ranch Equestrian Arena Ventilation System – The Board approved staff recommendation to approve to retain the services of Sims Wilkerson Engineering to engineer a ventilation system in the Adams Ranch Equestrian Arena, at a cost of $7,900.00 H. Waiver of Fees at the Savannas Campgrounds – The Board approved staff recommendation to approve to waive the user fees for six slots at the Savannas campgrounds during the period of September 21 through st November 26 2005. The St. Lucie County Long Term Recovery th Committee while assisting county residents with hurricane Frances and Jeanne repairs will use the slots. 4. UTILTIES Work Authorization with CDM, Inc. for engineering services – Holiday Pines Water Treatment Plant facility expansion (1MGD storage tank) – The Board approved staff recommendation to approve the Work Authorization with CDM, Inc. for engineering services related to the Holiday Pines Water Treatment plant facility expansion (1MGD storage tank) in the amount of $194,270.00 5. COMMUNITY SERVICES A. Permission to advertise for a Request of Qualifications for all eligible agencies in St. Lucie County that meet the criteria, as required, for distribution of the Choose Life License Plate funds collected in St. Lucie County – The Board approved staff recommendation to grant permission to advertise a Request for Qualifications (RFQ) for all eligible agencies that meet the criteria of Section 320.08058(30), Florida Statutes to receive funding from the Choose Life License Plates. B. Approval of the selection of Administration Consultant for Florida Housing Finance Corporation (FHFC) Disaster Relief HOME AGAIN Assistance Program – The Board approved staff recommendation to authorize staff to negotiations with Meridian Community Services Group, Inc. C. Approval of Contract with the State of Florida and adoption of Resolution No. 05-340 approving the schedule of fees - The Board approved staff recommendation to approve the contract with the State of Florida for a total project amount of $15,239,647.00 including funds from State General Revenue, other State Funds, Federal Funds and $1,026,500.00 from the General Fund of St. Lucie County for operation of the St. Lucie C9ounty Health Department and adopt Resolution 05-340 approving the schedule of fees and authorized the Chairman to sign the necessary documentation, contingent upon final approval of the FY05/06 St. Lucie County Budget on September 22, 2005. 6. PUBLIC WORKS A. Engineering Division – One Year Extension to the Consultant Agreements for Professional Engineering Services Roadway and Intersection Design through September 30, 2006 – The Board approved staff recommendation to approve the one year extension to the Consultant Agreement for Roadway and Intersection Design with Inwood Consulting Engineers, Kimley-Horn & Associates, Inc., LBFH, Inc., American Consulting Engineers of Florida, LLC and Bowyer-Singleton & Associates, Inc., and authorized the Chairman to sign. B. Engineering Division – Merritt Ditch Hold Harmless Letter of H.O. and Betty Thompson – The Board approved staff recommendation to approve the Merritt Ditch Hold Harmless Letter for H.O and Betty Thompson, and authorized the Chairman to sign. C. Road and Bridge Division – Approval of Waiver of Traffic Impact Study for Indian River National Bank – The Board approved staff recommendation to grant the request for the waiver of the required submittal of a Traffic Impact Study in accordance with Section 11.02.09.4.1.3 of the St. Lucie County Land Development Code (LDC). D. Road and Bridge Division – Approval of Waiver of Traffic Impact Study for Church of god in Christ – The Board approved staff recommendation to grant the request for the waiver of the required submittal of a Traffic Impact Study in accordance with Section 11.02.09.4.a.3 of the St. Lucie County Land Development Code (LDC). E. Road and Bridge Division – Equipment Request N o. EQ05-369 and Budget Amendment No. BA05-183 to purchase a 2005 Menzi Muck A91 Excavator from Menzi USA, Inc. for $1903,392.00 for the Road & Bridge Stormwater Operations Section – The Board approved staff recommendation to approve EQ05-369 and BA05-183 for the purchase of a 2005 Menzi Muck A91 Excavator from Menzi USA for a total amount of $193,392.00, F. Road and bridge Division – Award Bid No. 05-081 to Dakota Manufacturing Trail – EZE Trailers for $32,729.00 to purchase a 40,000 lb Slide Axle Trailer – The Board approved staff recommendation to approve Awarding Bid No. 05-081 to Dakota Manufacturing Trail EZE Trailers for $32,729.00 to purchase a 40,000 lb Slide Axle Trailer. 7. PURCHASING A. Approval of Hurricane Related Purchases – The Board approved staff recommendation to approve the attached list of hurricane related purchases. B. Bid No. 05-075 – Fairwinds Golf Course Clubhouse Renovations – Request to Reject All Bids – The Board approved staff recommendation to reject all bids and granted permission to re-bid with revised specifications. C. Bid No. 05-078 – Construction of a Concrete Block building for Golfball Washer & Dispensing Machine – Request to Reject All Bids – The Board approved staff recommendation to reject all submittals for Bid No. 05-078 and granted permission to re-bid with revised specifications. D. Fourth Extension to Contract No. CF01-10-591 with Ronald L. Book, )P.A. and the Rubin Group, Inc. – The Board approved staff recommendation to approve the fourth extension to Contract C01-10-591 with Ronald L. Book, P.A. and Rubin Group, Inc., and authorized the Chairman to sign the extension as prepared by the County Attorney. E. Award of RFP No. 05-043 – Financial Advisor for the Board of County Commissioners – The Board approved staff recommendation to grant permission to negotiate RFP No. 05-043 – Financial Advisor for the Board of County Commissioners with the top ranked firm, The PFM Group and permission for the Chairman to sign the contract as prepared by the C9ounty Attorney. F. IFB No. 05-068 – Construction of Six (6) Life Guard Towers – Reject all Bids – The Board approved staff recommendation to reject all bids for IFB No. 05-068 – Construction of Six (6) Life Guard Towers. Staff also request; a bid waiver and sole source declaration to Surveyor Design Research for $35,260.00 per lifeguard tower. G. Award Bid No. 05-092 – Construction of a 4-Bay Maintenance Building & Attached 3-Bay Pole Barn – The Board approved staff recommendation to award Bid No. 05-092 – Construction of a 4-Bay Maintenance Building & Attached 3-Bay Pole Barn to lowest bidder AWM Construction, Inc. for a total amount of $297,100.00 and permission for the Chairman to sign the contract as prepared by the County Attorney. H. Award Bid No. 05-083 – Rebuild Rubberized Track at Lawnwood Recreation Complex – The Board approved staff recommendation to award Bid no. 05-03 – Rebuild Rubberized Track at Lawnwood Recreation Complex to the lowest bidder American Athletic Courts, Inc. for a total amount of $189,500 and permission for the Chairman to sign the contract as prepared by the4 County Attorney. 8. SHERIFF DEPARTMENT Permission to apply for a Florida Department of Law Enforcement, Office of Domestic Preparedness Homeland Security Grant Program – Law Enforcement Terrorism Prevention Grant - The Board approved staff recommendation to approve the submission of the grant application and authorized the Chairperson to sign the application. 9. INVESTMENT FOR THE FUTURE A. Release of Retainage: Hennis Construction Company Contract no. C04-10- 518 Savannas Campground Pavilion & Lift Station – The Board approved staff recommendation to approve release of retainage in the amount of $14,940.00, Hennis Construction Company, #C04-10-518, for construction of the pavilion & lift station at Savanna Campgrounds. B. Savanna Recreation Area Phase II _ Department of Environmental Protection – FRDAP No. F02281 (C01-09-602) – Amendment No III – The Board approved staff recommendation to approve Amendment no. III to FRDAP Agreement No. F02281, to delete the ½ mile path, enabling staff to move forward and closeout this grant, and authorized the Chairman to sign Amendment No. III. 10. CENTRAL SERVICES A. Approve a Vehicle (1998 Chevy 4X4 Vehicle No. 40-3795) For St. Lucie County Health Department that was previously used by Parks & Recreation Department – The Board approved staff recommendation to approve a vehicle for St. Lucie County Health Department, a 1998 Chevy 4X4 Vehicle, No. 40-3795, from Parks & Recreation Department fleet. B. Ancient Oaks Park (Weldon B. Lewis Park) – Department of Environmental Protection –FRDAP No. F03532 (C02-10-060) – Amendment No. 1 - The Board approved staff recommendation to approve Amendment No. 1, FRDAP Agreement No. F03532, with a completion date of October 31, st 2006, and authorize4d the Chair to sign Amendment No. 1. C. River Park Marina Project/Conservation Easement Deed – The Board approved the conservation Easement Deed for River Park Marina Island and authorized the Chairman to sign this Conservation Easement. D. R.K. Contractors – C04-08-450 – Change Order No. 1 – The Board approved staff recommendation to approve Change Order No. 1, to Contract No 04-08-450 R.K. Contractors, for additional work at a cost of $30,234.22 to be done on the Seal Museum defective sewer system and authorized the Chairman to sign the Change order. 11. LIBRARY Long Range Plan for Library Services – one year extension – The Board approved staff recommendation to approve the one year extension of the Library’s Long Range Plan as required under Chapter 2357.17 to comply with the requirements of the State Aid to Libraries grant program. 12. GRANTS A. Authorize the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $691,924 to be utilized for construction costs associated with qualifying a to-be-constructed special needs shelter to meet the American Red Cross hurricane shelter standards (ARC4496). Also, the Board is requested to approve Resolution 05-341, attached to this agenda request, which is necessary to complete the grant application. In addition, the Board is requested to approve the acceptance of the grant if it is funded – The Board approved staff recommendation authorizing the submittal of the grant application to the HMGP, authorized the acceptance of the grant if it approved for funding and approved resolution 05-341. B. Delegate authority to the county Administrator to apply for a grant in the amount of $200,000 from the Florida Recreation Development Assistance Program (FRDAP). Grant funds, to be matched 1:1 by St. Lucie County, will fund the construction of recreation and support facilities at Lawnwood Recreation Complex. These improvements include a baseball field, a softball field, 4 new tennis courts, 4 new batting cages, resurfacing of an existing tennis court, security fencing around the tennis courts, a picnic pavilion adjacent to the tennis courts, and a playground adjacent to the tennis courts. The Board is also being requested to approve the acceptance of the FRDAP grant if it is approved for funding – The Board approved staff recommendation authorizing the County Administrator to apply for the FRDAP grant. The Board also approved staff recommendation approving the acce0ptance of the grant if it is approved for funding. 13. AGRICULTURE Amendment #1 to the Simple Stormwater Education Project Grant from South Florida Water Management District – The Board approved staff recommendation to approve Amendment No. 1 to the Simple Stormwater Education Project Grant from South Florida Water Management District. 14. GROWTH MANAGEMENT Request of Lennar Homes, Inc. for Final Plat approval for the project to be know as Bent Creek – Tract “B-1” (Being a Replat of Tract “B-1” of the Bent Creek Master Plat). The project is located on the west side of Hartman Road, North of White Way Dairy Road, South of Orange Avenue, and east of 5-mile Creek. This tract contains 105 single-family lots out of the total of 722 residential lots approved. The Board approved staff recommendation to approve the final plat of Bent Creek – Tract “B-1” and authorized its execution. ADDITION CA1 Permission to negotiate with the top ranked firm for RFP No. 05-086 – Air Quality Consultant for the Review of Documents Pertaining to a Proposed Pulverized Coal-Fired Power Plant – The Board approved staff recommendation to grant permission to negotiate with the top ranked firm for RFP No. 05-086 Air Quality Consultant for the Review of Documents Pertaining to a Proposed Pulverized Coal-Fired Power plant – to perform review of air quality documents pertaining to a proposed pulverized coal-fired power plant and to negotiate with the second rank3ed firm to perform additional analysis as requested and pertaining to pulverized coal fired power plants. If negotiations are unsuccessful, staff requests that the Board allow negotiations with the next ranked firm until negotiations are successful. REGULAR AGENDA 5. GROWTH MANAGEMENT Consider Draft Resolution No. 05-051 granting approval for a Major Site Plan to be known as Lennard Trails. (File No.: MJSP-04-021) – Consider staff recommendation to approve Draft Resolution No. 05-051, subject to the conditions contained therein. David Kelly addressed the Board. He stated that the project is 120 unit residential complex located on about 25 acres north northwest of the intersection of Prima Vista Blvd. and Lennard Road. The current property is zoned RM 5. He stated that 9.4 acres of wetlands are preserved. There is an additional 2.4 acres of buffers and almost 5 acres of landscaping and open space. He stated that several conditions are recommended within the resolution. Commissioner Coward requested a site plan. He stated that he was pleased to see two access points. He requested clarification on the second access point to the North. He asked if it was to be a full blown access point or an emergency access point. David Kelly stated that it was to be an emergency access point. Commissioner Coward asked what the east west roadway at the Northern boundary of the property was. David Kelly stated Mcquillen. He stated that this was the project to the North and The intent is to have an emergency access exit. Commissioner Coward asked if there was a road right of way on the Northern boundary. He stated that the site plan map that he had, seems to indicate that there is some type of a roadway. David Kelly stated that it is a roadway, but is a sub-standard right of way. It is not enough right of way to create a road. Commissioner Coward asked if the area to the West was privately owned. David Kelly stated that it was privately held. Commissioner Coward stated that the area would be developed, and normally when you have a project with this many units you would want more than one access point. It would seem that the road right of way, Mcquillen, both developers would donate enough right of way for the road to be established so that they can provide access to their property. Ed Zeigward, Southeast Development Realty addressed the Board. He stated that the property to the West is a 10 acre parcel, about nine acres are wetlands and the upper portion is all wetlands. The portion that is uplands is along the Lennard road area, which is under eminent domain. Commissioner Coward asked if important environmental resources would be damaged if the roadway were to be built. Ed Ziegward stated that there was a small portion on the southwest corner that is the only portion that is uplands. Commissioner Coward asked if it was zoned the same. Ed Ziegward stated yes. Commissioner Coward stated that the parcel is 10 acres with 5 units to the acre and they could put up to 50 units on the property. Ed Ziegward stated that the eminent domain would take about ½ of the 1 acre that is uplands. So there would be a ½ an acre of usable property. Commissioner Coward asked how many acres of wetlands were being filled on this proposal. Ed Ziegward stated that no wetlands will be filled on this proposal. Commissioner Coward stated that 2.41 acres were being filled. Ed Ziegward stated that he was looking at the lake that was dug initially for extraction that was used to fill in portions of Lennard Road and Tilton Road. It is wetlands now, but initially when it was dug it was uplands. Commissioner Coward stated that his report showed that there would be 2.41 acres of wetlands that will be impacted. He asked if it was done as part of the road improvement or part of the site plan. David Kelly stated that of the 11.81 acres the applicant site plan preserves 9.4 of wetlands with 2.41 acres being impacted. Unintelligible name of speaker stated the entrance road off of the future Lennard roads is where the impacts will be. The actual site itself is close to 20 acres with on site wetland totals of 11.8 acres. The preservation is 9.4 acres of wetland with an impact of 2.4 acres Commissioner Coward stated that the adjacent property may also have wetlands that could be in a degraded state that could also be filled, in addition to the uplands there. He stated that the access point should have been more closely looked at. He asked staff if the right of way could be built on. Vanessa Bessy stated that the offsite areas had not been evaluated. The environmental impact report did not include the area so staff has not had an opportunity to look at it yet. Unknown speaker stated that the Lennard Road alignment that has been proposed is still in review with the County. Dan McIntyre gave an update on the Lennard Road corridor. He stated that they did file an eminent domain suit to acquire the parcel along the West side of the area that has been described as mostly wetlands. The County has acquired that parcel through a stipulated order of taking. The County now owns the right of way. The court proceedings as far as value goes has not been finalized, but the County owns the right of way at this point. Commissioner Coward stated that one of the conditions deals with the required road improvements. Dan McIntyre stated that condition number 5 deals with the road improvements from Prima Vista Blvd. to the project entrance along Lennard Road. He stated that it requires prior to building permits being issued contracts should have been let for the construction for those improvements and there should be no certificate of occupancy issued until the road way has been completed and accepted by the County. The road to the North will be constructed by developers or by the County through an MSBU or Special Assessment District. Dan McIntyre stated that they have entered into a road contribution agreement with the developer of Prima Vista commons and this developer. Commissioner coward stated that it would be best not to have the secondary access. It was moved by Commissioner Coward and seconded by Commissioner Craft to approve Draft Resolution 05-051 and upon roll call motion carried unanimously. 6. COUNTY ATTORNEY Resolution No. 05-334 – Supporting Extension of the Levy of a One-Half Percent (0.5%) Discretionary School Capital Outlay Sales Surtax to finance acquiring, constructing, and renovating Educational Capital Improvements, Facilities, and Technology Improvements – Consider staff recommendation to adopt Resolution No. 05-334 as drafted. Dan McIntyre stated that the School District is proposing to hold a referendum on October 18, 2005 to request that the citizens re-vote on the extension of the ½ cents discretionary sales tax that is currently in place and was approved by the voters in 1996. At that point the majority of County Commissioners were in favor of this and the School Board would appreciate the Boards support. He stated that Staff has drafted a resolution that if adopted would support the extension of the levy and urge the citizens to vote in favor of that at the October 18, 2005 election. Commissioner Smith that the School District needs the support of the County Commissioners. It was moved by Commissioner Smith and seconded by Commissioner Craft to accept Resolution No. 05-334 and upon roll call motion carried unanimously. Judi Miller, Chairperson, School Board addressed the Board. She thanked the Commission for their support. PUBLIC HEARINGS 7A. GROWTH MANAGEMENT Consider the petition of House or Prayer Pentecost Church, Inc. for a Change in Zoning from the RS-4 (Residential, Single Family – 4) Zoning District to the RF (Religious Facilities) Zoning District for property located at the southwest corner of the intersection of Avenue M and 33rd Street. Draft Resolution No. 05-149- The Board approved staff recommendation to approve draft Resolution No. 05-13, for a change in Zoning from the RS-4 (Residential, Single Family – 4 du/ac) Zoning District to the RF (Religious Facilities) Zoning District Linda Pendarvis addressed the Board. She stated that the rezoning request was to permit the existing parking area of the adjacent church, to be paved. At the August 11, 2005 public hearing on this matter the Planning and Zoning Commission voted 5-0 recommending approval of the requested change in zoning. PUBLIC COMMENT There was no public comment It was moved by Commissioner Smith and seconded by Commissioner Coward to approve the petition for a change in zoning and upon roll call motion carried unanimously. 7B COUNTY ATTORNEY Ordinance No. 05-025- Educational Facilities Impact Fees – The Board approved staff recommendation to adopt Ordinance No 05-025 as drafted. Dan McIntyre addressed the Board. He stated that if adopted this would amend the County’s educational facilities impact fee ordinance. The proposed ordinance would increase the impact fees. The increased fees would become effective, if adopted, on December 1, 2005. The fees are based on a study and report by Dr. James Nicholas, University of Florida. The School District has reviewed the report and has recommended that the Board adopt the ordinance. He stated that the Planning and Zoning Commission had voted 6-0 to recommend that the Board approve the draft ordinance. The Board heard the first reading on August 16, 2005, this is the second and final reading. Staff recommended the Board adopt the ordinance as drafted. PUBLIC COMMENT There was no public comment It was moved by Commissioner Craft and seconded by Commissioner Lewis to approve Ordinance 05-025 and upon the motion carried unanimously. 7C COUNTY ATTORNEY Ordinance no. 05-030 – Amending Buildings, Roads and Parks Impact Fees – The Board approved staff recommendation to adopt Ordinance No. 05-030A as drafted. Dan McIntyre addressed the Board. He stated that this is an ordinance if adopted would provide and amend the impact fee ordinances for public buildings, roads and parks. The draft provides for an alternate method of collection of impact fees. In August of 2005 the Planning and Zoning Commission local planning agency voted 4 to 2 to recommend that the Board approve the draft ordinance. The first reading of the ordinance was held on August 16, 2005 before the Board. This is the second and final reading if the Board adopts the ordinance tonight. At the first reading a representative of the home builders association expressed concern about two issues. One, the effect of the ordinance on home buyers with contracts signed before the effective date of the ordinance and two the amount of fees collected by the County. He stated in response, County staff drafted an alternate ordinance 05-030A. The alternate draft would allow a fee payer that believes that they are burdened as a result of the construction or loan contract, to petition the County Administrator for relief. There is a right of appeal to the Board of County Commissioners. He stated that the alternate draft also provides that the fee payer will only pay the percentage that the County is currently receiving, which is public buildings 84%, roads 40% and parks 30%. For a period of 6 months from the effective date of the ordinance. He stated that there would be a phase in to try and eliminate any adverse effect on people who are in the process. He stated that the alternate draft also provides for a 10% reduction in the amount of the fee if the fee payer pays the County directly prior to receipt of an impact fee statement notice. The intent is to provide additional incentive to pay the County prior to the imposition of a lien. He stated that there was some questions about what happens if a settlement can be achieved with the City of Pt. St. Lucie. The ordinance has been drafted such that it only is effective in the event that a municipality fails to collect our fees within the municipal boundaries. Staff recommends that the Board adopt the ordinance as drafted PUBLIC COMMENT World Professional Builders addressed. They voiced their concerns regarding the ordinance. The stated that they were against the ordinance and requested that the ordinance be delayed. They questioned why the City is no longer collecting the fees on behalf of the County. Bill McQuillen, Town and Country Home Builders addressed the Board. He requested that the implementation of the ordinance be delayed. He stated that asking people for more money after the contract has been signed is an uncomfortable thing to do. Pam Hammer Planning and Zoning Board addressed the Board. She stated that this issue has been under discussion, in the newspapers for months. If this is not implemented then that means those of us that live here would have to pay increased costs. She urged the Board to go ahead and approve the ordinance. Susan Ross addressed the board. She stated that she was building a home and had received a letter from the contractor in regards to the impact fees. She voiced her concerns with the ordinance. She stated that she was against the ordinance. END OF PUBLIC COMMENT Commissioner Hutchinson asked for clarification on some of the issues that were brought up. She asked if it had been run past the Treasure Coast Builders to see if they have approved it. Dan McIntyre stated that it had been sent to Mr. Santos, but he had not heard back. He stated that the alternate draft was intended to allow people, who have existing construction contract or loan agreements that pre date the ordinance to come into Mr. Anderson’s office to obtain relief. This is not a new fee. This fee has been in effect for some time. The new fee is the City of Pt. St. Lucie’s fee. The City of Pt. St. Lucie is the one who enacted the new fee, not the County. They have been collecting our fee for a number of years and have chosen to not collect certain fees. He stated that we have tried to address the impairment of contract issue to try and avoid a fight over that issue. The language that has been added is an attempt to address that. Also, as indicated the County is proposing to phase in the fee. The fee would stay the same for a period of 6 months. Commissioner Hutchinson stated that this is not a new impact fee, this is one that the County has always had and is a one time fee that is accessed. They have also met with the City of Pt. St. Lucie trying to work this out so that it did not get to this point. She stated that they had another meeting with the City on September 15, 2005 to try and work this out. Commissioner Smith thanked the County Attorney. He stated that in listening to some of the concerns of the builders and the citizens, that have spoken to, create language that allows for an equitable solution with the City of Pt. St. Lucie and prepare the County if this should happen again. Commissioner Hutchinson asked that in the process of coming before Mr. Anderson, should it be done on an individual basis or can contractors bring all of their contracts in on their behalf. Dan McIntyre stated yes. Commissioner Coward stated the County is not changing the amount by way of this ordinance. If any relief is being sought it is the increase that is being put forth by the City of Pt. St. Lucie. He asked when this needed to be finalized in order for it to go into effect assuming the County is not able to reach an agreement with Pt. St. Lucie. Dan McIntyre stated that from a practical standpoint, some advance notice would be needed from a staffing standpoint. From a legal standpoint as long as the County did it prior to September 30, 2005. Commissioner Coward stated that he would like to have this put on the agenda for September 20, 2005 so that the Board would have this as a last resort, which is what has been intended. He stated that he would like to have a face to face meeting with the City Council in trying to resolve this issue without this lingering in the back ground. If we have to adopt the ordinance then the Board will, but he stated he did not want to do this. He wants to be able to work with the City of Pt. St. Lucie to resolve the issues. If this could be delayed until September 20, 2005, it would be after the meeting with the City on September 15, 2005, which would allow 10 days for staff to put it into effect if necessary. He would like to resolve the issue with the city and would like to have the October 15, 2005 work shop with them untainted by interpretation of action taken by the Board right now. He stated that he felt that this could wait until September 20, 2005, and hopefully would not be needed at all. Commissioner Hutchinson asked that if the Board was to hold off if it would allow staff enough time to put things together. Doug Anderson stated that the first part of the plan is that the County would now receive the 4% collection fee. What is being recommended to the Commissioners that the 4% be used as the revenue stream to pay for the cost to implement this. He informed the Board that this will take 2 staffers. Commissioner Smith stated that as far as he understood the City had already taken their action. He stated that if the County and the City both have a plan then they would negotiate from the same standing. Commisioner Craft concurred with Commissioner Smith. This has been going along for a while and the City is aware of what the County is proposing. He stated that he would support this. Commissioner Coward stated that he felt that this was a reaction. The County did not initiate the City deciding to stop collection of impact fees for County funds. This is not what the County desired to do this is purely a reaction to an ordinance that Pt. St. Lucie has already passed. He stated that the County needed the impact fees to help pay for roads and schools. From a negotiation standpoint, he would prefer to go into it in a positive way. Commissioner Lewis concurred with Commissioner Smith and Commissioner Coward. Commissioner Smith asked that if the Board was to wait until September 20 2005, would there be enough time and will staff be additionally burdened. Doug Anderson stated that this would need to be set up budget wise. Dan McIntyre stated that this ordinance is only effective if the City of Pt. St. Lucie does not collect the impact fee. Commissioner Craft stated that if the City of Pt. St. Lucie continues to collect the impact fees that there is not an issue. Commissioner Hutchinson stated that they had met with Pt. St. Lucie in the past and she did not feel that they had made it very far and are back to the table once again. She concurred with Commissioner Coward. She stated that she did not like to hold anything over anyone’s head to try to work out an issue, however, the City did not give the County much choice. Commissioner Craft stated that this needed to be in place so that they did not have to worry about it in the future. It was moved by Commissioner Craft and seconded by Commissioner Lewis to approve Ordinance No. 05-030A and upon roll call Commissioner Coward was opposed. 7D GROWTH MANAGEMENT Draft Ordinance No. 05-023, which proposes to amend the text of the St. Lucie County Land Development Code and add language to Section 2.00.00 (Definitions) and Section 7.05.00 (Transportation Systems) to include definitions and language requiring bicycle and pedestrian facilities as well as updated right of way requirements. This is the first of two required public hearings, with the second scheduled for September 20, 2005. Karen Butcher, Bicycle Pedestrian Coordinator addressed the Board. She stated that this was the first of two required hearings to amend section 7.05.00 of the St. Lucie County Land Development Code for inclusion of language for section 7.05.04, sidewalks and bike lanes and to provide related definitions for section 2.00.00. In addition staff is also recommending that changes be made to table 715. staff is proposing 6 foot sidewalks along the frontage of all new development in the unincorporated area as well as 6 foot internal sidewalks for residential development. Staff has proposed that during the development review process, staff may allow for internal pedestrian paths to be unpaved. The only exemption that staff is proposing for sidewalks or section 7.05.04 would be through a waiver request through the Board. In addition staff is proposing that a developer provide bike lanes when constructing or re-constructing a road as part of the development. Commercial developments would be requested to provide bicycle parking as part their site plan approval. She stated that some residential developments may also be requested to provide bicycle racks on a case by case basis. PUBLIC COMMENT Steve Tierny, Location Development Corporation addressed the Board. He stated that the proposed ordinance would affect proposed development by his client. He stated that they did not feel that this requirement should be passed. He stated that this development is on Goldsmith Road. He stated that in this case it does not represent good planning to say in a rural area that they connect to header canal road with a side walk. He stated that as part of the development plan they had agreed to provide extra right of way to Goldsmith Road. He stated that there is a dirt road with substantial ditches on either side and these ditches are required for drainage. He stated that when they go to do this development they do not want to waste a lot of money on infrastructure that is not needed. He stated that they did not feel that there should be any blanket requirement for sidewalks. He voiced his concerns with side walks in rural areas. He requested that it be rejected in its present form. Dennis Murphy, Culpepper, Terpening addressed the Board. He stated that as a land use planner he is not opposed to side walks, bicycle or pedestrian systems. He voiced his concerns regarding the local street right of way. He stated that this would not allow for the development of authentic neighborhood designs. In the past the County has allowed variations to the right of way standards as a part of a PUD. He voiced his concerns with the sidewalk widths on local streets. He stated that 6 feet is somewhat excessive. This takes away from the curb appeal. He stated that there was unintended terminology problems within the draft. He stated that there is a waiver provision found in the draft ordinance The waiver provision appears to create an overly and unnecessary process to what is already a complicated and detailed process. The issues sited are not overly complicated to address. He suggested that the second reading be held in October, opposed to September 20, 2005. He recommended holding off until November for the second reading. Commissioner Hutchinson addressed the drainage issue. She stated that when you are talking unincorporated there is a lot of drainage canals. Karen Butcher stated that this code would be adopted so that developers are required to put in sidewalks on their frontage directly abutting the roadway, not across the street. She stated that her understanding is that when developers come in with roadway plans that they go through engineering. Commissioner Coward asked Mr. Tierney if his project was outside the urban service boundary. Mr. Tierney stated yes. Commissioner Coward asked staff if this applies to both inside and outside the urban service boundaries. Karen Butcher stated that in Mr. Tierney’ case, when he was referring to the sidewalks it was not relative to the draft ordinance. She stated that Mr. Tierney was not being asked to put in sidewalks, since the ordinance had not been adopted. Commissioner Coward stated that the County standard is universal. Its not distinctive inside and outside the urban service boundary. If you go out to the western areas you are looking at 1unit per 5, which is a rural development. He asked whether it made sense to have paved sidewalks in rural areas. Karen Butcher stated that is why they put in the waiver request, They did not feel that it was necessarily staffs decision. She stated that they could include language that defines between the urbanized area and the more rural area as far as requirements for sidewalks. Commissioner coward stated that if the development is occurring outside the urban service boundary and they recognize that it is not smart to have sidewalks throughout the rural areas. He stated that what they have out west is greenways, trails. He stated that instead of sidewalk construction, if it was more broadly written to help achieve those broader goals of more rural trail systems. He stated that he did not want to build sidewalks outside the urban service boundary. Karen Butcher stated that they had included language in the ordinance where if someone is developing in an area that has been identified through the greenway and trails master plan. Then they would be asking the developer to build that type of facility in place of a sidewalk. Commissioner Coward stated that he had also seen a distinction about agricultural and industrial land being exempt. As opposed to having generic language there might be additional language adopted regarding the urban service boundary. He suggested refining this area alittle bit further. He requested input on Mr. Murphy’s comments from the County Engineer. Mike Powley concurred with much of what Mr. Murphy commented on. The closed drainage system, which is a 50 foot right of way, 12 foot of asphalt and then a curb. The rest of the right of way is green space. Commissioner Coward addressed the side walk width. There may need to be further refinement on a more localized single family neighborhood. There may not need to be 6 feet, it could be reduced to 4. He requested staff comments. Karen Butcher stated that the reason staff went with 6 feet was in the situation where they only require the developer to put a sidewalk on one side of the road. 6 feet would properly accommodate two people. She stated that they could include language that states 6 feet internal would be required when only on one side of the road. Commissioner Coward stated that there should be a tiered system. He stated that 4 or 5 feet would be appropriate. He referenced page 3 under 7.05.02 (A10) it does say one or both sides as determined by the County Engineer. He suggested adding additional language to this section. He stated that the County Engineer shall consult with the MPO bicycle plan, but it should also be the bicycle coordinator. There may also be environmental considerations that would require additional flexibility. He suggested additional language to address environmental issues. Commissioner Hutchinson stated that when they put the sidewalk on Hutchinson Island they ran into environmental issues as well as drainage issues, which the state had to shrink down the size of the sidewalk and maneuver it around. She stated that she wanted to make sure that this could be done without any special permitting processes through the different drainage groups. Commissioner Coward stated that when the codes are written there are unintended consequences. When you talk about the maneuvering he stated that he hoped that the County would have that ability. Karen Butcher stated that on Page 7, the County Engineer may authorize a modification in sidewalk width to protect exhisting trees or to accommodate exhisting utilities, but that no sidewalk should be less than 4 feet. Commissioner Coward stated that he was aware of that, but in the earlier section it talks about the interaction between the County Engineer and other departments. He feels that the Environmental Department should be involved. Commissioner Hutchinson stated that sometimes the codes can be read and interpreted to the strictest of rules. She referenced page 8 on bicycle racks. She asked if they would be for PUD’s . Karen Butcher stated that they did require that by bus pick up zones for the School District as part of a bus shelter. She stated that it is stated that it would be on a case by case basis. Commissioner Lewis stated that she did not find in the reading, it was mentioned about canals, it stated that it would be based upon Engineering determination of feasibility. Karen Butcher stated that it was not incorporated, but they could include that language. Commissioner Lewis stated that she wanted it noted. Commissioner Hutchinson asked staff if the changes could be made prior to September 20, 2005. Karen Butcher stated that if it was only the changes made tonight, the changes could be accomplished within the next few days. Commissioner Lewis referenced the waiver issue. She asked if the board wanted to look at every issue. Commissioner Hutchinson stated that she did not feel that they needed to. Commissioner Lewis referenced page 7, under the waiver requirements it states that the Board shall authorize total or partial relief in side walk construction requirements. She asked the Board if they wanted to review all of the waiver issues. She suggested an administrative step. Karen Butcher stated that the intent was that the Board was the final step, if an agreement could not be reached with the developer . Commissioner Lewis requested that this be put in the waiver section. Commissioner Coward stated that because there are County standards for roadways, that apply universally throughout, both inside and outside the urban service boundary. He suggested providing guidance back to staff. He asked if the Board only wanted one standard for inside and outside the urban area. He stated that there should be distinct standards. Commissioner Hutchinson stated that she felt that was the consensus of the Board and for staff to come back with the language that would distinguish the two. She stated that any of the developments that are already under review should be exempt for when it goes into effect. Karen Butcher stated that they had not required it of any developer. Commissioner Craft asked as the TVC stands today would it be exempt from these rules. David Kelly stated that after TVC is complete it would have its own design standards. Commissioner Hutchinson stated that this is the first of two public hearings. The second public hearing is scheduled for September 20, 2005 at 6:00 p.m. Commissioner Smith stated that if they were going to look at bike baths, they should also look at roadways. Commissioner Coward stated that what Commissioner Smith was asking is whether they should require paving of roadways as part of developments outside the urban service boundary. Commissioner Hutchinson stated that each development should be looked at separately for the character of the neighborhood. 7E PUBLIC WORKS Request for a Capron Trails Mine to expand the existing Tract 3, and transferring the mining permit from Brisben Development – Indrio LLC to Indrio Land Group, LLC. Both items will be handled as an addendum to the existing mining permit – The Board approved staff recommendation to approve the Capron Trail Mine to expand the existing Tract 3 mine under the existing permit subject to the following special conditions: 1. Hours of operation (including related activities such as loading, stockpiling, processing, etc.): 6:00 a.m. to 6:00 p.m., Monday through Saturday, with no operations on holidays (as observed by St. Lucie County), or Sundays. 2. No dewatering without SFWMD permit and approval from the County Engineer. 3. An increase in the performance bond to $110,125 will be maintained for the third pit. 4. The performance bond must be in place before any mining activity can begin. 5. All permits and addendums along with plans must be kept on site at al times. 6. Blasting is not approved as part of this permit. 7. Verification that all mitigation has been completed will be submitted to the county Engineer. 8. All equipment, machinery and structures, which are accessory to mining, shall be properly removed from the site at the expiration of the permit. 9. Stockpiled material and haul roads shall be periodically watered down during dry and/or windy conditions to minimize migration of sand, dust, or air contaminants to surrounding properties. 10. Prior to the commencement of any mining –related operations, approval from all other agencies shall be submitted to the County Engineer. 11. As part of the reclamation phase, the permittee shall provide the County Engineer with an as-built survey which includes, but is not limited to, water depths, setbacks, and cross-se4ctions (200”minimum). This survey shall be performed and certified by a Professional Land Surveyor. The property lines shall be mon7umented. This will include all three mining areas to be done upon completion. 12. Pursuant to Se4ction 378.802, Florida Statutes, the mine operator must notify the Executive Director of the Florida Department of Environmental Protection, bureau of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., Tallahassee, Florida, 32310, (904) 488- 8217 for any new surface area disturbed. 13. violations of the mining permit or mining plan are subject to permit revocation by the board of County Commissioner and/or subject to a fine of $250 per violation and an additional $100 per day for each day that the violation is not brought into compliance. 14. The permittee will adhere to all noise and vibration ordinance were in effect at the time or original approval. All other conditions of the original permit remain the same. Mike Powley addressed the Board. He stated that there were two issues. The first being the expansion of the current mining area to add approximately 20 acres by expanding tract 3. The second is to document the change in ownership and transfer the mining permit. He gave background information to the board. He provided a site plan for the Board to review. PUBLIC COMMENT There was no public comment Commissioner Coward stated that this was a great location for a mine. It was moved by Commissioner Coward, and seconded by Commissioner Craft to approve the Capron Trail mine to expand the existing Tract 3 mine under the existing permit and upon roll call motion carried unanimously. Commissioner Hutchinson announced the passing of Jim Anderson a former Pt St. Lucie City Council member. She also stated that there had been a challenge made to the Board for the Bowl for Kids on Sunday, September 18, 2005, by the City of Ft. Pierce and Pt. St. Lucie Commissioner Smith requested a letter be sent to the LPA just thanking them for their hard work, but to request them to expedite this to bring it back to the Board so the can make their efforts in a timely fashion. Commissioner Coward concurred with Commissioner Smith. There being no further business the meeting was adjourned at 7:35 p.m. ________________________________ Chairman, Board County Commissioners __________________________________ Clerk Circuit Court