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HomeMy WebLinkAboutBOCC Minutes 10-21-2008 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 21, 2008 Convened: 6:10 p.m. Adjourned: 9:00 p.m. Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Charles Grande, Chris Craft, Doug Coward (absent) Others Present: Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Growth Management Director, Beth Ryder, Community Services Director, Debra Brisson, Parks and Rec. Director, Diane Lewis, Airport Director, Marie Gouin, Management and Budget Director, Jim David, Mosquito Control Director, Roger Shinn, Central Services Director, Susan Kilmer, Library Director, Anita Neal, Agriculture Director, Peter Jones, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 14, 2008 meeting. It was moved by Com. Craft, seconded by Com. Grande, to approve the minutes of the meeting held October 14, 2008, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation by Jessica Parrish, Housing Project Coordinator to congratulate housing clients on the completion of new home construction projects funded by a Community Development Block Grant. V. GENERAL PUBLIC COMMENT Mr. Greg Rosslow, downtown Ft. Pierce businessman, addressed the Board and expressed his concerns with the recommendation of charging for parking at the County parking garage. He advised the Board of the many people who visit his store from surrounding counties and felt if they were to place parking meters in the garage this may deter business due to the lack of free parking being taken on the streets. He asked the Commission to consider maintaining the parking garage free of charge. Major Mike Monahan, St. Lucie County Sheriff’s office, addressed the Board and stated the Sheriff’s office has employees who use the garage and if they were to be made to seek parking on the street this would take up the spots for business customers. Mr. John Arena, area resident, addressed the Board regarding the legalization of the cocaine bean and recommended it be heavily taxed. He also addressed a close encounter he had with an alligator at the beach. Mr. Terri Cooper, area resident, addressed the Board regarding what he felt was the non-compliance of a project which took place several years ago. He also addressed his “freedom of speech” which he felt he was denied previously. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Grande to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. 1 A.WARRANTS Approve warrant list No. 55 and 3. The Board approved Warrant List No. 55 and 3. B.COUNTY ATTORNEY 1. Donation – South Florida Water Management District – Surplus Parcel in Harmony Heights Subdivision – Tract#75100-004 – Tax I.D. 1431-701- 0279-00/5 – The Board accepted the Quitclaim Deed, authorized the Chairman to sign Resolution No. 08-316 and directed staff to record the Resolution in the Public Records of St. Lucie County, Florida. 2. Request Permission to Advertise – Notice of Public Hearing – Petition to th abandon a portion of North 15 Street in Paradise Park between Barcelona Avenue and Rosarita Avenue – The Board approved staff to advertise a Public Hearing to be held on December 2, 2008 at 6:00 p.m. or as soon thereafter as possible. 3. Revocable License Agreement – Cedar Creek Engineering – Orange Avenue – Monitoring Wells – The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and instructed Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 4. Sneed Road Emergency Culvert Replacement – Temporary Construction Easements – Rhem Group, LLC – Resolution No. 08-323 – MCZ/Centrum Citrus Farms, LLC – Resolution No. 08-324 – Gates Brothers I, LLC/Bank One – Resolution No. 08-325 – The Board accepted the Temporary Construction Easements, authorized the Chairman to sign Resolution No. 08-323, Resolution No. 08-324 and Resolution No. 08-325 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY (Contd.) 5. ADDITION TO THE AGENDA – Treasure Coast FBO, LLC – Consent to Sublease, First Amendment to Sublease and Assignment and Assumption of Sublease for Hangar 3179 – The Board approved the Sublease, First Amendment and Assignment and Assumption Agreement for Hangar 3179, and authorized the Chairman to sign the documents. C. PARKS AND RECREATION Port St. Lucie Fall Festival – Request to Waive Rental Fees at Tradition Field – The Board approved waiving rental fees of $5,916.08 for Core Communities’ Port St. Lucie Fall Festival at Tradition Field parking lot, October 29, 2008 – November 2, 2008, as requested. D. PUBLIC WORKS Engineering Division - Lennard Road PD&E Study – Fourth Amendment to the Agreement with Kimley-Horn and Associates, Inc. – The Board approved the Fourth Amendment to the Agreement with Kimley-Horn and Associates, Inc. for the Lennard Road PD&E Study to extend the contract to December 31, 2008, and signature by the Chairman. E. MANAGEMENT AND BUDGET ADDITION TO THE AGENDA – Request for approval of revision to October advance in the amount of $400,000 plus the previous request of $275,000 totaling $675,000 for October advance to the County Tax Collector – The Board approved the Tax Collector’s request for a revision to the October commission advance in the amount of $400,000 in addition to the $275,000 previously requested totaling $675,000 for October. 2 END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Petition of “William Bessemer” for an Amendment to the Official Zoning Atlas to change the zoning from the RM-5 (Residential Multiple Family – 5 du/acre) Zoning District to the AR-1 (Agriculture, Residential – 1 du/acre) Zoning District for the project known as “William Bessemer” located East of US 1 and Prima Vista Blvd., on the South side of Tilton Road as 1103 Tilton Road in St. Lucie County, Florida – Consider staff recommendation to approve Draft Resolution No. 08-184 granting approval of an amendment to the Official Zoning Atlas to change the zoning from the RM-5 (Residential, Multiple Family – 5 du/acre) Zoning District to the AR-1 (Agriculture, Residential – 1 du/acre) Zoning District. It was moved by Com. Lewis, seconded by Com. Grande, to approve Draft Resolution No. 08-184, and; upon roll call, motion carried unanimously. B. GROWTH MANAGEMENT th Petition of “17 Street Church of God” for an Amendment to the Official Zoning Atlas to change the zoning from the RF (Religious Facility) Zoning District to the RS-4 (Residential, Single Family – 4 du/acre) Zoning District for the project thrd known as “17 Street Church of God” located at the west side of N. 43 Street and approximately 152 feet South of San Diego Avenue, St. Lucie County, Florida Consider staff recommendation to adopt Draft Resolution No. 08-138 granting approval of an amendment to the Official Zoning Atlas to change the zoning from the RF (Religious Facility) Zoning District to the RS-4 (Residential, Single Family – 4 du/acre) Zoning District. It was moved by Com. Craft, seconded by Com. Lewis, to approve Draft Resolution No. 08-138, and; upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT Petition of Jacqueline Rhaheed for a Conditional Use Permit to allow the operation of a Family Residential Home within a 1,000 foot radius of another such Family Residential Home in the RS-4 (Residential, Single Family – 4 du/ac) Zoning District for property located at 2682 Mohawk Avenue. – Consider staff recommendation to approve the proposed Conditional Use Permit application and finds that the petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Draft Resolution No. 08-178 is attached for consideration, subject to two limiting conditions of approval. It was moved by Com. Craft, seconded by Com. Grande, to accept the withdrawal of the applicant, Jacqueline Rhaheed, and; upon roll call, motion carried unanimously. D. GROWTH MANAGEMENT St. Lucie County Evaluation and Appraisal Report (EAR) – Consider staff recommendation to approve the Evaluation and Appraisal Report and to transmit to the Department of Community Affairs. The St. Lucie County Planning Manager made opening remarks on this item and turned the presentation over to Ms. Lorraine Tappen, Senior Planner for Calvin, Giordano, consultants for the report. Com. Craft recommended working with the local governments on a uniform green code and have them included. He also stated the county needed to set a goal to have drainage and paved roads within the urban service area. The Chairman advised the Board of comments received from Mrs. Patricia Ferrick which are included in the minutes as an attachment. 3 Mr. Johnathan Ferguson, firm of Ruden McCloskey and representing the Evans property, addressed the Board and provided the attached comments for the Board to review and consider. In reviewing the report he felt 90% are “wants” and not “needs”. Mr. Peter Harrison, representing the Adams Ranch, addressed the Board and requested the Board not suggest “stewardship” be removed from the report. He stated he also had a concern with the matrix. He also addressed page 4-5, 1.1.2.7 and the pages using the term “rural lands” he felt it should not infer that “stewardship” should be changed. Mr. Skeet Jernigan, Economic Development Council, addressed the Board on the lack of ability of public comment. He believes no one has had enough exposure to this document. He stated out of 9 meetings only one was a public meeting and he believes this could be a problem since there has not been an opportunity for the general public to ask questions. Mr. Johnathan Ferguson addressed the fact that he felt there were two different sanctions one for the report and one for the amendment. The key is whether you can st adopt the amendments without filing the report by November 1. He believes it would be worth to be late by 30 days and sending a letter advising such. Com. Craft stated he did not see any harm in asking. The Asst. County Administrator questioned if they had posed this question to the DCA. The Planning Manager stated they had and read an e-mail received answering this question. 4 5 6 The Asst. County Administrator asked what the Planning Manager felt was the interpretation of what he just read. The Planning Manager stated he believed it read the state required they had to adopt st by the November 1 deadline. The Growth Management Director stated if they do not adopt by this deadline, they would need to go into the next year cycle. The County Attorney stated he believes there are two issues. One is the sanctions and the other the affect on the plan amendments. On the sanctions is does provide for a process and this process takes time. He believes the e-mail states they have never placed sanctions for filing an EAR late. He believes they have some period of time and he believes they are more concerned with compliance so the Board may have days if not weeks, but there aren’t any guarantees. He also addressed the plan amendments. He believes this can be clarified by October 28, 2008. He believes sanctions are okay, they probably would not be able to process the amendment until the actual EAR is submitted. 7 Com. Craft asked how the question was asked. The Asst. County Administrator requested making a foot note. She advised the Board Mr. Jones was not in a position to pose the question to the DCA in the manner in which it was articulated. He posed the question out of concerns administration had as they were talking through this process. She no idea that this time what the Board’s position would be and given that some concerns had been received from the public as to the amount of time they had to digest the document, she thought it made good sense to pose the question before hand, “if there were any sanctions the county would face?” The County Attorney recommended asking the question as Com. Grande requested, it being that in light of our circumstances now and since we are trying to maximize public participation we would like an additional month and what affect it will have on our ability to process our plan amendments and also in the affect on sanctions issue. The Asst. County Administrator stated that in reading the report several times, at the end of the day she was not clear if only the statutorily requirements were included or rather had they gone from requirement to a broader issue that was not required by statute. She would like a clear answer from the DCA if the EAR should include only what is statutorily required. She is generally in agreement that all recommendations that do not go as far as being a requirement are better placed in a different process. Com. Grande recommended the “voluntary” in the inclusionary housing program be dropped when this comes back. He also asked that on slide 28, the first bullet regarding compensating rural land owners, he believes this should be re-worded or deleted. It was moved by Com. Grande, seconded by Com. Craft, to continue this public hearing on Tuesday, October 28, 2008 at 9:00 a.m. or as soon there after as it may be heard, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS VIII. CENTRAL SERVICES Restructuring Proposal: Second Street Parking Garage – Staff is recommending the following Board actions: (1) Board approval of Resolution No. 08-313 restructuring the Second Street Parking Garage system effective April 1, 2009; (2) Board approval of Resolution No. 08-293 reserving 13 first floor parking spaces and an additional 9 parking spaces adjacent to the downtown chiller plant for the Judiciary and (3) Board approval to utilize Investment For the Future funds in the amount of $63,500 for the purchase and installation of four multi-space meters, signage and meter maintenance. Staff addressed and reviewed the restructuring proposal for the second street garage. Com. Craft expressed his concerns with this proposal and stated he felt with the economy the way that it is, this may not be the right time to impose charges for parking. Com. Grande stated he supports the recommendation for the leased spaces but he is dead set against the metering. He believes this would have a negative affect on area businesses. He proposed moving forward with the leasing structure of the proposal plus the space allocated for the judicial and recommended removing the metering from the proposal. Com. Smith stated he felt having the availability of premium parking right outside of the courthouse should have some sort of a fee. However he questioned how can the space be provided and at the same time generate revenues. He was not sure $5.00 for the full day was the appropriate price. Com. Lewis stated she was aware that employees do park in the garage and she does have a concern with charging employees when the county was not able to afford pay raises. She believes the $5.00 a day metering charge would not cut it this year. Com. Craft stated he would like for the Board to consider turning the garage over to the city in the future. 8 It was moved by Com. Grande, seconded by Com. Craft to approve the following: 1)approve Resolution No. 08-313 as amended, deleting the reference to meter parking 2)approve Resolution No. 08-293 as stated 3)approve deleting this section in it’s entirety and additionally deleting the word “juror” on item # 5 in the resolution. 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 the Circuit Court 9