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HomeMy WebLinkAboutBOCC Minutes 04-18-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 18, 2006 Convened: 6:00 p.m. Tape: 1-3 Adjourned: 9:30 p.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Frannie Hutchinson, Paula A. Lewis, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Robert Nix, Growth Management Director, Ed Parker, Purchasing Director, Roger Shinn, Central Services Director, Susan Kilmer, Library Director, Vanessa Bassey, Environmental Resources Director, Hank Flores, Planning Manager, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Lewis, seconded by Com. Smith, to approve the minutes of the meeting held April 11, 2006, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (1-035) Mr. Richard Allison, Hutchinson Island, addressed the Board and thanked them for their efforts in limiting the noise on the nearby impoundment being restored. He also asked if it was possible to have the gates closed after a certain time of the evening. Staff stated they would contact him as soon as they received information as to whether this was possible. Mr. John Arena, Ft. Pierce addressed the Board regarding the port of Ft. Pierce . Com. Coward requested the Board ratify the appointment of Joseph Alfonso to the Historical Committee. It was moved by Com. Smith, seconded by Com. Lewis, to ratify the appointment of Mr. Joseph Alfonso, and; upon roll call, motion carried unanimously. 4. CONSENT AGENDA (1-200) It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the Consent Agenda to include additions CA-1 and CA-2. and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 28. 2. COUNTY ATTORNEY A. Resolution No. 06-124 extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 06-124. 1 B. Watersong South PUD Plat No. One- Subdivision Agreement- The Board approved the subdivision improvement agreement and authorized the Chairman to sign the agreement. 3. LIBRARY A. Sirsi/Dynix annual software maintenance contract renewal- The Board approve the contract in the amount of $26,220.00 and authorized the County Administrator to sign the purchasing requisition. B. Grant Application to Division of Library and Information Services for Windmill Point Branch Library- The Board approved the submission of the Grant application for library construction funds, authorized the Chairman to sign the Certification of Application authorized the Library Director to submit the grant application and approved Resolution No. 125 assuring adequate funds are available for construction. 4. PURCHASING A. Reject Bid- The Board authorized rejecting the bid received for Invitation for Bid No. 06-004 Sale of Dozer. B. Emergency Purchase Order- The Board approved an emergency purchase order for the drainage and removal of Sediment from the Landfill Leachate Ponds to Roto Rooter for $75,000 . C. Reject all bids for IFB No. 06-039- The Board approved rejecting all bids for IFB No. 06-039 based on the Purchasing Director’s decision to uphold the protest, the Board approved revising specifications band re-advertise for bids. D. Award of Bid No. 06-041- Replacement of Rooftop A/C Unit at the Morningside Library- The Board approved awarding Bid No. 06-041 to the low bidder, Siemens Building Technologies for the amount of $34,980.00 and granted permission for the Chairman to sign the contract as prepared by the County Attorney. E. Permission to advertise a RFP for Compliance Review of the Criminal Justice Assessment- The Board approved advertising RFP for compliance review of the Criminal Justice Assessment. F. Donation of Surplus Weather van to City of Ft. Pierce- The Board approved the donation of the surplus weather vane to the City of Ft. Pierce. 5. PARKS AND RECREATION A. Lakewood Park Regional Park Project/RDC- The Board approve the use of Park “A” impact fees in the amount of $78,127.00 to pay for Fire/EMS, Law Enforcement, Public Building, and Road Impact Fees associated with the construction of the Lakewood Park Regional Park. B. South Causeway Beach Road Stabilization/Clean Up & Budget Amendment BA06-144- The Board approved Budget Amendment No. BA06-144, waive the bid process and utilize an amount not to exceed $60,000 from the General Fund. The Board also approved that a contract be awarded for the lowest proposal; and authorized the Chairman to sign the contract as drafted by the County Attorney. 6. ENVIRONMENTAL RESOURCES 2 Budget Amendment BA 06-102 - The Board approved Budget Amendment No. BA 06- 102 to take $70,000 from General Fund Contingency to increase the budget for the Greenways and Trails Bicycle/Pedestrian Master Plan. 7. PUBLIC WORKS A. Revised budget amounts- The Board approved the revised budget amounts for EQ06-181, EQ06-182,and EQ06-173 and approved transferring $35,000 from 101003-4110-564000-400 to 101003-4110- 564000-400 to provide funding necessary to purchase equipment from the Florida State Contract. B. Second amendment to Work Authorization No. 13 with Dunkelberger Engineering & Testing- The Board approved the second amendment to Work Authorization No. 13 extending the contract to December 21, 2006 and authorized the Chairman to sign the contract. 8. AIRPORT Request that the Board approve Change Order No. 3 Dickerson, Fla., for a no net change to the contract amount of $4,211,632.46 and no additional time for the infrastructure construction of the Airport West Commerce Park. 9. GROWTH MANAGEMENT Request of Ginn LA, St. Lucie Std., LLLP for final plat approval for the project to be known as Watersong south-PUD- This project is a 18 single family dwelling unit lot subdivision located on East Side of State Road A-1-A approximately 3 mile north of the FPL Nuclear Power Plant- The Board approved the final plat for the project to be known as Watersong South PUD and authorized its final execution. 10. CENTRAL SERVICES Approval of funds in the amount of $12,540.00 to extend the Builders risk insurance coverage be paid to David Brook Enterprises, Contract No. C05-12-636/New Clerk of Court Building through contingency- The Board approved the payment in the amount of $12,540.00 to extend the builders risk insurance coverage to be paid out of contingency rather that what was approved by the Board on March 28, 2006 direct purchase. ADDITIONS/COUNTY ATTORNEY CA-1 Certificate of Participation for the Edward Byrne Memorial Justice Assistance Grant Program for FY 2006-07from the Florida Department of Law Enforcement- the allocation is for $110,156.00- The Board approved the Certificate of Participation. CA-2 Oak Alley- Subdivision Improvement Agreement- The Board approved the proposed Subdivision Improvement Agreement with Oak Alley Developers, Inc., for Oak Alley, and authorized the Chairman to sign the Agreement. REGULAR AGENDA PUBLIC HEARINGS (1-554) 5.A COUNTY ATTORNEY- Consider Draft Ordinance No. 06-005 –Amending the St. Lucie County Land Development Code by Amending Section 7.01.02 to include Single Family Detached Dwellings in Residential Planned Unit Development. 3 Mr. Joel Wynn, builder of Spanish Lakes, addressed the Board in support of the Ordinance and stated the ordinance would enable him to achieve a permanency in the community. It was moved by Com. Craft, seconded by Com. Lewis, to approve Ordinance No. 06- 005, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (1-786) Consider staff recommendation to approve Draft Resolution No. 06-046 granting a final 12 Month Extension of the approved Final Planned Unit Development known as Palm Breezed Club – PUD. The Board accepted staff’s report as part of the official record. Ms. Noreen Dwyer, attorney for the applicant was present to answer any questions by the Board. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Draft Resolution No. 06-046, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT (1-921) Consider staff recommendation to approve Draft Resolution No. 06-052 granting a change in zoning from AG-1 Zoning to the PUD (Planned Unit Development – Plantation Acres) . The Board accepted staff’s report as part of the official record. Com. Coward stated they should determine what this applicant’s fair share of the road contribution should be prior to the final. They need to decide what the street network fair share contribution is and where it should go prior to the final PUD hearing. Com. Hutchinson stated her concern was down to the south and to Koblegard and noting the lack of right of way in the area. She would like to see connections in the future. Com. Craft questioned the traffic impact study and it not including Emerson and Indrio which he believes is within the two mile radius. Com. Coward commented on what they are trying to achieve in north county with the TVC which is a flow way and a greenway system in addition to the open space. He believes they need to re-design the site plan so that there is connectivity from the south through the site to the north. Com. Hutchinson stated her concern as to how this actually fits into the TVC. Com. Coward stated he believes this plan is fully consistent with the broad policies the Board set. Mr. Brad Kerry, attorney for the applicant, addressed the Board and stated they felt it was better for them to pay their fair share for construction of a westbound left turn lane into the project entrance on Koblegard Road. Mr. Kerry stated they support having Kings Highway connect south from the turn circle. Com. Coward asked if staff had asked them to contribute towards Kings Highway. Mr. Kerry stated they have not been asked. 4 Com. Coward stated this is something that should be re-visited between now and the final this is a needed roadway and this developer should pay for it. Mr. Kerry stated he did not disagree. Mr. Kerry gave a power point presentation on the project and alluded to the two conditions he felt should be modified. He stated they were ready to move forward with either the previous plan or the new plan. Quasi Judicial- All Board members had contact with applicant and residents. Com. Coward thanked the applicant for working with the county and being receptive. Com. Craft questioned the north end of the flow way and if it would be able to be connected in the future to another piece and if we would need it to be deeded over as right of way. Mr. Kerry stated he believes they would be having Home Owners Association documents in the final site plan and the Home Owners Association documents should address this and there should be some documentation that states the Home Owners Assoc., agrees to enter into some type of an agreement or agrees to work with the county in order to do that in the future. Ms. Rebecca Mulcahey, Traffic Engineer addressed the Board on the traffic analysis completed. She advised the Board an analysis was not done on Emerson, however if the Board wishes she could have one done. Com. Craft requested this be done. Ms. Pamela Hammer, Planning and Zoning Board addressed the Board regarding lot 23 and 24 and expressed her concern with a buyer looking at the plan and not being informed that the road will not be a cul- d – sac but will be a connector road and asked this be shown on the plan to those who are interested in buying in that area. Com. Craft concurred with this request. He also commented on the alignment of the cul- d- sac. Ms. Susie Caron, Indrio Road resident, addressed the Board and states she was pleased to see the second plan and felt connectivity is the key to the TVC element. She also expressed concern on the intersection improvements of Indrio and Emerson and requested the traffic study to include this. Mr. Sasser, Ft. Pierce resident, addressed the Board and expressed his concern with the drainage problems in Lakewood Park and he asked if his area would be inheriting the same problems due to this development. Mr. Jerry Bittle, area resident (Koblegard Road) addressed the Board in support of the old plan. He urged further review of connectivity to Koblegard. He also advised the Board he was concerned about residents in the development complain about the noise coming from the cows. He would like to be assured they have the right to farm. He stated lot 39 was one of his main concerns if a two story home was built. Com. Coward wanted to assure Mr. Bittle the county would not attempt to take away any property rights from the area residents. Com. Craft suggested more setback footage on these homes since there was still plenty of room on the lots to the north. Mr. Kerry addressed the alignments of the cul-d-sac by lots 23 and 24 make it more of a round about instead of a road straight through. Also, they will provide a revised traffic study to include Emerson and Indrio Roads. The internal roadways will be maintained by 5 the Home Owners Association as well as the drainage will be on site and maintained by the Home Owners Association. They will have a disclosure statement making the customers aware they will be living near an agricultural area where there are cows etc. Com. Smith suggested Mr. Kerry stated he did wish to have a deed restriction on lot 39. They have increased the landscaping over and above what is required by code. They are going to 16 feet and it seemed Mr. Bittle was happy with this the evening prior when he spoke with him. Com. Craft suggested increasing the amount of trees. Mr. Kerry stated they would like to have the home on lots 34-38 set deeper and this would help with regards to the buffering. Com. Coward recommended pulling lots 39–44 down that would also give additional space between Mr. Bittle’ s home and the houses on lots 39-44. Mr. Kerry stated they may be able to do this. It was moved by Com. Lewis, seconded by Com. Craft to approve and add an additional condition to the Resolution on preliminary approval that provides the applicant shall address to the Board’s satisfaction the following issues: a) road connectivity specifically Avenue D and Kings Highway and any other roads identified by the TVC Plan b) paved access, identifying future connections/future roadway connections on plat c) fair share contribution to roadways d) flow way connectivity e) use of road, flow ways and paths by the public with maintenance by the Home Owners Association f) increase buffer and set back on the north property boundary g) additional analysis of traffic intersection on Emerson and Indrio h) compatibility with adjacent agricultural uses i) and any additional items the Board may add These issues will need to be addressed to the Board’s satisfaction before final approval Com. Hutchinson requested the Ft. Pierce Farms Water District input on the flow ways and it’s discharge Mr. Kerry questioned his request regarding the changes conditions 1 and 2. The County Attorney suggested they remain in and taken into account with the fair share contributions with the understanding they may be modified at final. And, upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (2-745) Consider staff recommendation to approve Draft Resolution No. 06-050 for the petition of Mr. And Mrs. William K. Bessemer to define a Class A Mobile Home as a detached single family dwelling unit to be placed on 9.62 acres of land in the RM-5 zoning district. Mr. & Mrs. York, representing the Bessemer’s addressed the Board on this issue and stated this home would be a temporary unit until they construct their home that was damaged by a hurricane. The Board accepted staff’s report as part of the official record. 6 It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 06- 050, and; upon roll call, motion carried unanimously. 5.E. GROWTH MANAGEMENT Consider staff recommendation to approve Draft Resolution No. 06-048 to define a Class “A” Mobile Home as a detached single family dwelling unit to be placed on land located on the east side of Carlton Road. The Board accepted staff’s report as part of the official record. It was moved by Com. Craft, seconded by Com. Hutchinson to approve Resolution No. 06-048, and; upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT (2-929) Consider staff recommendation to approve Draft Resolution No. 06-053 subject to 22 limiting conditions granting a change in zoning from RS-3 to PUD –Whispering Oaks for 67.18 acres of property located on the East side of South Jenkins Road. The Board accepted staff’s report as part of the official record. Mr. Jonathan Ferguson, attorney for the applicant addressed the Board and alluded to the changes made per the Board’s request i.e. the lake added and the units moved further and the added condition of one story homes in designated area/s. Mr. Ferguson reviewed the agreement reached with Mr. Perez and the time frames for the buffers, berms and concrete wall for Ms. Langel. Com. Smith requested information on the hours of operation and stated 6:00 a.m. still seems too early for him. Mr. Ferguson stated in their response to staff they had proposed hours of 7:00 a.m. to 7:00 p.m. staff had proposed 6:00 a.m.-6:00 p.m. Com. Coward requested the one story homes designated be noted by lots. Quasi Judicial- The Board members advised those present they had met with the residents in the area. Mr. Chris Langel, area resident, addressed the Board and asked the buffers on his mothers’ property be constructed prior to construction beginning. He also asked the hours of operation be 7:00 a.m.-5:30 p.m. and Saturday, 7:00 a.m.-1:00 p.m. , no Sundays and no operation on holidays. Mr. Darren Robertson, U Vista Court resident, addressed the Board in opposition to the project moving forward. He stated the wall was going to be 6 feet tall and he felt this was not high enough. He requested the wall be 7ft. from the finish floor. He expressed his concerns with the oak trees on his property being close to the other proposed units. Mr. Pat Langel, addressed the Board and stated he concurred with the hours of operation as requested by Chris Langel. Mr. Richard Parada, area resident, concurred with Mr. Robertson’s comments and expressed his concern with the drainage problem. He stated he did not have a drainage problem prior to construction. Ms. Susie Caron, Indrio Road resident, addressed the Board and stated it was essential to have the berms and walls constructed before construction. 7 Mr. Tom Gladwyn, area resident, addressed the Board and stated he was very pleased with the applicants’ cooperation in giving him what he requested. He advised the Board the dump trucks were tracking major dust through the area due to Celebration Point and Bent Creek’s construction. He asked if there was something the Board could do to keep the dust down. Mr. Ferguson, attorney addressed the Public’s comments and what their process would be and the reasonable amount of time needed to develop the project before site work would commence. They are comfortable with staff’s condition addressing this issue. Com. Coward questioned under the current time frame staff has laid out, when would the wall get built relative to the plat. The Growth Management Director stated, it would be built before the plat is recorded or they will post a bond and they can build it after the plat is recorded. Com. Coward suggested a condition requiring the wall built and in place before the plat is approved. The Growth Management Director stated they could do this. Mr. Todd Stevens, contractor stated they may have a more simple solution, they can have the berms and walls in 90 days after their vegetation removal permit. Mr. Ferguson stated the single home condition will be added per the Board’s request and will be on the plat. The intrusive work would take 6-8 months for completion. Mr. Mike Scora, engineer for the project addressed the drainage issue and stated nothing has been done at this point and they will accommodate drainage and will preclude it going in the direction where it may cause a problem. Mr. Ferguson commented on the hours of operation, and offered a compromise 6:30 a.m. to 6:30 p.m. Monday through Friday and 8:00 a.m.-4:00 p.m. on Saturdays, due to there are contractors who work at certain times. He point out that Celebration Point and Bent Creek do not have any restrictions. They are willing to add the condition if the County comes back and imposes a countywide standard that is more strict, they would abide by it. Com. Coward asked if it would be possible to raise the wall height to 7 feet. Mr. Scora stated they could do this and explained how it could be accommodated. Com. Hutchinson asked if the construction entrance could be changed to Jenkins Road. Mr. Ferguson stated they could add this to the conditions. Com. Coward requested the number of the lots restricted to single story be listed. Mr. Ferguson stated lots 5-9 and 55-65. Com. Lewis stated she would prefer the hours of operation be the same as the Waterstone hours 7:00 a.m.-5:30 p.m. Monday – Friday and 7:00 a.m.-1:00p.m. Saturdays and no Federal holidays. It was moved by Com. Craft, seconded by Com. Smith, to approve staff recommendation with the changes on # 22- hours of operation from 7:00 a.m. –5:30 p.m. Monday – Friday Saturdays 7:00 a.m.-1:00 p.m. no Federal holidays, if the county converts to a standard they will also, # 24 construction access to be Jenkins Road only, # 23 single story homes on lots 5-9 and 55-65, walls and berms within 90 days after vegetation permit and 7 ft. wall at finish grade, and; upon roll call, motion carried unanimously. 8 5.G COUNTY ATTORNEY(3-0115) Petition for Abandonment- Staff recommendation to Abandon 55 feet of a deeded portion th of a right of way known as S. 7 St. Resolution No. 06-101 approve Resolution No. 06- 101 instruct staff to publish the final Notice of Abandonment, record the Resolution Proof of publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. It was moved by Com. Hutchinson, seconded by Com. Craft, to approve staff recommendation, 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 9