HomeMy WebLinkAboutBOCC Minutes 03-10-2009
BOARD OF COUNTY COMMISIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: March 10, 2009 Convened: 9:10 A.M.
Adjourned: 12:10 p.m.
Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward,
Chris Craft, Chris Dzadovsky
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County
Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Growth Management
Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder,
Community Services Director, Marie Gouin, Management and Budget Director, Jim
David, Mosquito Control Director, Jack Southard, Public Safety Director, Diana Lewis,
Airport Director, Carl Holeva, Human Resources, Millie Delgado-Feliciano, Deputy
Clerk
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the March 3, 2009 meeting.
It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve the minutes of the
meeting held March 3, 2009, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 09-077 - Recognizing the outstanding service of the Treasure
Coast Chapter of the Florida Public Relations Association and congratulating them
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on their 25 Anniversary of providing professional development and community
service to St. Lucie County, Florida.
Consider staff recommendation to adopt Resolution No. 09-077 as drafted.
It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve
Resolution No. 09-077, and; upon roll call, motion carried unanimously.
B. Resolution No. 09-085 - Recognizing the outstanding service provided by the
North Treasure Coast Chapter of the American Red Cross; and Proclaiming the
month of March, 2009, as “American Red Cross Month” in St. Lucie County,
Florida.
Consider staff recommendation to adopt Resolution No. 09-085 as drafted.
It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution
No. 09-085, and; upon roll call, motion carried unanimously.
V. GENERAL PUBLIC COMMENT
Mr. Steve Tierney, attorney representing Volo Holdings, LLC addressed the
Board regarding item B-1. He stated his client had strong objections to
the proposed license agreement and requested this item be removed from
the Consent Agenda and the Board deny the request. He advised the Board
of the various issues which may cause his client financial difficulty.
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Mr. Craig Mundt, area resident, addressed the Board and advised them he was
in support of the comments and the request made by Mr. Tierney. He
recommended the Board review the terms further.
Mr. John Mason, T Air addressed the Board in favor of license agreement and
stated they were concerned with airport safety and wished to cut down on the
incursions.
Ms. Ann Doughty, T Air addressed the Board and stated they are also a
significant investor in the airport and in the community. This item was
recommended by the Airport Director. They are not suggesting their
customer’s fuel on the ramp and then use their facility. She believes they
should have equal access in order to have a competitive business. They are
planning to expand their facility.
Mr. Chris Hamilton, existing FBO at the Airport addressed the Board in
to the license agreement and stated if their competitor’s trucks park in the
area, he believes they will confuse the customers. He believes they need
to have clear set rules.
Com. Craft questioned if there were a set of rules in effect today.
The Airport Director stated they presently do not have any rules in effect and
believed this was a business issue between the two FBO’s and they should be
able to work this out between them. They both have their own customers.
If for some reason the license agreement does not work out they can pull the
Agreement.
Com. Dzadovsky stated he would like to see both businesses work out and
recommended this be delayed for 30 days and the two FBO’s get together and
work out the issues. He stated he believes in competitive business.
Com. Craft recommended giving both FBO’s two weeks to get rules in place
and then have them attached to the license agreement. He does not wish to
see two FBO’s at odds with each other.
Com. Dzadovsky stated he would like for it to become policy.
It was the consensus of the Board to reschedule this item for two weeks.
VI. CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande, to approve the balance of the
Consent Agenda as amended with item J4 and L2 pulled for separate discussion, and;
upon roll call, motion carried unanimously.
A.WARRANTS
Approve warrant list No. 23.
The Board approved Warrant List No. 23.
B.COUNTY ATTORNEY
1.Treasure Coast FBO, LLC – Revocable License Agreement for Aviation
Fuel Trucks
Consider staff recommendation to approve the proposed Revocable
License Agreement with Treasure Coast FBO, LLC, and authorize the
Chair to sign the License Agreement.
This item has been rescheduled.
2. Interlocal Agreement with North St. Lucie River Water Control District -
Header Canal – NCRS Grant
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The Board approved the Interlocal Agreement and authorized the chair
to sign the agreement.
B.COUNTY ATTORNEYCONTINUED
3.Quitclaim Deed – Gordy Road – Resolution No. 09-060
The Board accepted the Quitclaim Deed from the State of Florida,
Department of Transportation, Florida Turnpike Enterprise, authorized
the Chair to sign Resolution No. 09-060 and directed staff to record the
documents in the Public Records of St. Lucie County, Florida.
C. PUBLIC SAFETY
1.Request to approve the purchase of a new All-Terrain Vehicle (ATV) for
the Marine Safety Department in the amount of $5,700.00
The Board approved the purchase of a new All-Terrain Vehicle (ATV) for
the Marine Safety Department in the amount of $5,700.00 and
authorized the Chair to sign. Also approved equipment request #EQ09-
025 and Budget Amendment #BA09-010.
2.Approve the purchase of security network firewalls for the Public Safety
computer networking configuration, to include support and installation in
the new Emergency Operations Center/911, in the amount of
$16,942.00.
The Board approved the purchase of firewalls for the network
configuration in the amount of $16,942.00 and approved Budget
Amendments BA#09-015 and Equipment Request EQ#09-029 and
authorized the Chair to sign.
3.Request to approve the sole source purchase of computer and software
equipment for SLCTV for the new Emergency Operations Center in the
amount of $16,577.00.
The Board approved the sole source purchase of a computer and
software equipment for SLCTV for the new Emergency Operations Center
in the amount of $16,577.00 and authorized the Chair to sign. Also
approved equipment request #EQ09-030.
D. GRANTS
1.Request to authorize the submittal of a grant application to the Indian
River Lagoon National Estuary Program for funds in the amount of
$50,000. These funds will be utilized for replanting of native species at
Spoil Island-3 (SL-3).
The Board authorized the submittal of a grant application to the Indian
River Lagoon National Estuary Program, requesting $50,000, to provide
for the replanting of native species at Spoil Island (SL-3)
2.Request to authorize the submittal of a grant application to the Indian
River Lagoon National Estuary Program, for funds in the amount of
$20,000. These funds will be utilized for replanting of native species at
Queens Island Preserve.
The Board authorized the submittal of a grant application to the Indian
River Lagoon National Estuary Program, requesting $20,000 to provide
for the replanting of native species at Queens Island Preserve.
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D. GRANTS CONTINUED
3.Request to authorize the submittal of a grant application to the Indian
River Lagoon License Plate Funding Program requesting funds in the
amount of $35,185. These funds will be utilized for exotic plant removal,
reconnection of a small wetland, installation of a boardwalk, and native
replanting on Spoil Island-3 (SL-3). In addition, replanting of native
species at Queens Island Preserve will be conducted.
The Board authorized the submittal of a grant application to the Indian
River Lagoon License Plate Funding Program, requesting $35,185, to be
used for conservation and best management practices at Spoil Island-3
and Queens Island Preserve.
4. Approve the Cultural Affairs Council recommendations.
The Board approved the recommendation of the Cultural Affairs Council
funding as identified in the memorandum.
The Board also approved $10,000 for the film and $10,000 toward an
event at their discretion available on a matching basis by the city of Port
St. Lucie for the Historical Society.
5.Submittal of a boundary modification to the Florida Communities Trust
for the addition of two parcels to an existing Harbor Branch Preserve
project award (FCT-07-027-FF7).
The Board authorized the submittal of a boundary modification request
to the Florida Communities Trust for the addition of two parcels to an
existing Harbor Branch Preserve award.
E. PARKS AND RECREATION
1.Approve Equipment Request No. 09-027 for the purchase of a Walk-
Behind Sweeper for the Havert L. Fenn Center.
The Board approved Equipment Request No. 09-027 for the purchase of
a walk-behind sweeper for the Havert L. Fenn Center.
2.Tradition Field – Facilities/Office Use Agreement with the Baseball Office
of the Commissioner (BOC).
The Board approved the proposed Facilities/Office Use Agreement with
the BOC, and authorize the Chair to sign the Agreement as drafted by
the County Attorney.
3.Request to Serve Alcohol at the National Navy UDT Seal Museum.
The Board approved North Beach Association’s request to serve alcohol
during their event at the National Navy UDT Seal Museum on March 14,
2009.
F. MANAGEMENT AND BUDGET
Permission to Advertise Public Hearing to Amend the Fiscal Year 2008-2009
Budget
The Board authorized the Office of Management and Budget to advertise a public
hearing to amend the fiscal year 2008-2009 budget.
G. PUBLIC WORKS
1.Board approval of third extension to contract C04-12-563 with Dredging
and Marine consultants, Inc. and contract C04-07-658 with Taylor
Engineering, Inc.
The Board approved the third extension to contract C04-12-563 with
Dredging and Marine Consultants, Inc. and contract C04-07-658 with
Taylor Engineering, Inc. extending the contract through September 30,
2009, and authorized the Chair to sign the extensions as prepared by the
County Attorney’s Office.
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G. PUBLIC WORKS CONTINUED
2.Acceptance of Budget Resolution #09-076 in the amount of $1,050,000
from Florida Department of Transportation (FDOT) and Florida Seaport
and Transportation Economics Development (FSTED) for Taylor Creek
Restoration-Phase 2 Dredging.
The Board approved Budget Resolution No. 09-076 in the amount of
$1,050,000 From Florida Department of Transportation (FDOT) and
Florida Seaport and Transportation Economics Development (FSTED) for
Taylor Creek Restoration – Phase 2 Dredging.
3. Extended work hours for Emergency Repairs Related to Tropical Storm
Fay
The Board approved a dawn-to-dusk, seven-day work week for
Emergency Repairs Related to Tropical Storm Fay, and authorized the
Chair to sign.
H. AIRPORT
1. Award of Invitation to Bid #09-001 to the responsive bidder, Smith
Industries Inc., for a contract amount of $1,015,785.00 for the Phase 2
Access Control System Installation base bid and Alternates 1, 2, and 3,
at the St. Lucie County International Airport.
The Board approved awarding of Invitation to Bid #09-001 to the
responsive bidder, Smith Industries Inc., for a contract amount of
$1,015,785.00 for Phase 2 Access Control System Installation base bid
and Alternates 1, 2, and 3, at the St. Lucie County International Airport
and approved the Chair or designee to sign the contract as prepared by
the County Attorney.
2. Request that the Board approve the final Change Order #3 for T&G
Constructors, Inc., increasing the contract amount by $20,576.00 from
$80,507.15 to $101,083.15 with an increase of 60 days to the contract
time changing the completion date from October 31, 2008 to December
30, 2008, for the Customs and Border Protection Facility Renovations
project at the St. Lucie County International Airport.
The Board approved the final Change Order #3 for T&G Constructors,
Inc., increasing the contract amount by $20,576.00 from $80,507.15 to
$101,083.15 with an increase of 60 days to the contract time changing
the completion date from October 31, 2008 to December 30, 2008, for
the Customs and Border Protection Facility Renovations project at the St.
Lucie County International Airport and authorized the Chair or designee
to execute the same.
3. Request approval of Work Authorization #18 for LPA Group, Inc., to
provide professional services at a lump sum cost of $309,882 to update
the Drainage Master Plan at the St. Lucie County International Airport.
The Board approved Work Authorization #18 for LPA Group, Inc., to
provide professional services at a lump sum cost of $309,882 to update
the Drainage Master Plan at the St. Lucie County International Airport
and authorized the Chair or designee to execute same.
I. GROWTH MANAGEMENT
Sunshine Road Development Road Impact Fee Credit Agreement Request.
The Board approved the proposed Road Impact Fee Credit Agreement.
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J.COMMUNITY SERVICES
1. Approval to submit an application for the Federal Transit Administration
(FTA) U.S.C. 5307 Economic Stimulus grant program and Resolution No
09-083.
The Board approved to apply for FTA 5307 grants funds, Resolution No.
09-083; authorized the Chair to sign all necessary documents.
2. Approval to apply for the Federal Transit Administration (FTA) U.S.C.
5311 Capital Stimulus grant program, and approve Resolution No. 09-
084
The Board approved to apply for FTA grants funds, approval of
Resolution No. 09-084; authorized the Chair to sign all necessary
documents.
3. Approval to submit a grant application in the amount of $3,984,601 to
the Florida Department of Community Affairs for the Neighborhood
Stabilization Program and permission to advertise a public hearing.
The Board approved submittal of a grant application in the amount of
$3,984,601 to the Florida Department of Community Affairs for the
Neighborhood Stabilization Program, approval to advertise a Public
Hearing on March 17, 2009 at 6:00 p.m. or as soon thereafter and
authorized the Chair to sign necessary documents.
4.Resolution No. 09-079 amending Resolution No. 08-343 to correct a
scrivener’s error.
Consider staff recommendation to adopt Resolution No. 09-079
amending Resolution No. 08-343 to correct a scrivener’s error and
amend the LHAP to include Foreclosure Prevention, Rental Development
and Home Ownership Development as additional strategies and to make
necessary modifications.
The Housing Coordinator gave a brief presentation.
Com. Coward expressed his concern with monies being provided to delay
foreclosure as opposed to utilizing funds to avoid foreclosures. He
wondered if they were not stepping into an issue to help only 10 people
that could be handled by the Federal Government with their new
programs as opposed to staying within what are our more traditional
roles.
Com. Craft recommended changing the breakdown for water and sewer
as two separate items.
Com. Coward stated he is not sure of the fiscal impact of these changes.
Com. Dzadovsky stated this had a great deal of concern for him
especially since they just approved an MSBU for Sunland Gardens and
they may be putting people out of their homes for $5,100. The SHIP
funds are for those with low to very low incomes and should be used for
this purpose. He asked for Board support in moving this forward with
the minor changes to assist those in Sunland Gardens in order for them
to achieve getting the water and keeping them in their homes, giving
them safe water and also stimulate the economy. He would like to
reduce the terms.
Com. Coward stated he wished this issue would have been brought up
when discussing Sunland Gardens and is supportive to revisit the item.
He believes this package is not exclusive to that one issue. He would
prefer to revisit the fiscal impact of the whole program. If they can pull
that specific item out and see if they can provide additional assistance he
is in favor of doing so.
Com. Dzadovsky stated the 30 year term is no longer being used in the
State of Florida, he would rather see a 5 year term.
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The Housing Coordinator stated most of the county’s were utilizing the
30 year term.
Com. Coward stated he would like the opportunity to fully digest the
comprehensive nature of this proposal. He would like to pull the issue of
Sunland Gardens and revisit it with recommendations.
The Housing Coordinator stated Sunland Gardens is currently in the 30
year program with no interest and it is forgiven if they remain in the
home.
Com. Dzadovsky stated the 30 year term is antiquated as far as he is
concerned and would rather see it at 5 years.
Com. Coward stated he would like to make sure what comes back has
options. If they are going to move money into the moderate income,
they will be taking away from other area and this is why he would like
options.
Com. Dzadovsky stated his goal was to get the accurate information and
then be able to provide it to Sunland Gardens.
After continued discussion it was the consensus of the Board to have the
Affordable Housing Advisory Committee review the plan and come back
to the Board with recommendations.
This item was pulled and will be scheduled for workshop discussion on
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March 24.
5.Amendment No. 1 to C09-02-043 between Generia Lovett, Habitat for
Humanity and St. Lucie County.
The Board approved Amendment No. 1 to C09-02-043 between Generia
Lovett, Habitat for Humanity and St. Lucie County and authorized the
Chair to sign the necessary documents.
6.Approval of the amended contract between the State of Florida
Department of Health and St. Lucie County for operation of the Health
Department which increases the total funding by $271,215, but does not
increase the funding by the Board of County Commissioners.
The Board approved the amended contract between the State of Florida
Department of Health and St. Lucie County for operation of the Health
Department, and authorized the Chair to execute necessary documents.
K. HUMAN RESOURCES
1.Prison Health Services Inmate health aggregate Cap & Psychotropic Drug
Invoice
The Board authorized payment of PHS invoice number PHS0005425 in
the amount of $236,818.80 per contract agreement.
2. Position Request for a Grants Resource Developer Pay grade 24.
The Board approved funding another Grants Resource Developer position
for the Grants Resource/Disaster Recovery Department at the current
pay grade 24. Min salary $50,885.85 to max salary of $81,117.26 per
year.
L. ECONOMIC DEVELOPMENT
1.Request approval to minor amendments to St. Lucie County’s Job Growth
Investment Grant Program.
The Board approved the proposed amendments to the Job Growth
Investment Grant Program as provided in the backup and requested the
County Attorney redraft the basic grant agreement.
Com. Grande requested the bottom range be changed to 100%.
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Com. Coward commented on the fact any recommendation would need
to come back to the Board and felt the language was misleading and not
consistent with how they do with business He does not see a need for
a change.
The Economic Development Manager stated they were attempting to
expedite the process and would make the change as requested by the
Board.
This item was pulled for separate discussion and vote.
2.Request the approval to minor revisions to St. Lucie County’s Economic
Development Ad Valorem Tax Exemption Program.
Consider staff recommendation to approve the revised Economic
Development Ad Valorem Tax Exemption Program as provided in the
backup and request the County Attorney redraft the basic grant
agreement.
The Economic Development Manager advised the Board the change was
on page 4 section B where a “ Bonus Calculation” for local hires and local
contractors was inserted and asked if the Board wished to include this
cause or maintain the ad-valorem in the position it is.
Com. Grande stated he would prefer to have paragraph 3 B on page 4
omitted and move ahead with the rest of it.
Com. Lewis stated she personally does not wish to include it at all. It
may become too difficult for businesses to deal with. She stated she had
a problem with broadening the preference to include this particular
concept. She would like to have it brought back with refinements made.
Com. Craft stated he wants to make sure they are looking at this at a
regional point of view and not be in competition with our neighboring
counties.
Com. Coward stated he felt if they wished to take advantage of local
taxpayer incentives they should support local businesses in the process.
He recommended language supporting local businesses and employment
of St. Lucie County residents.
Com. Grande recommended deleting the paragraph passing L-2 to get
everything out and bring it back when staff has had the opportunity to
walk the program around.
Com. Dzadovsky stated he wished to make sure when businesses look at
our documents the language is consistent.
Com. Coward recommended placing this issue (3B) on the agenda for an
informal meeting.
It was moved by Com. Grande, seconded by Com. Craft to approve item
as amended, and; upon roll call, motion carried unanimously.
END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
GROWTH MANAGEMENT
Continuation of the petition of Doctor Kenneth Palestrant, for a 12-month extension of
the date of expiration for the Planned Non-Residential Development (PNRD) project
known as Midway Road Professional Plaza located on the northeast corner of West
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Midway Road and Christensen Road, approximately ¼ mile west of the South 25 Street
and West Midway Road intersection (BCC File No. 720081501).
Consider staff recommendation to adopt Resolution No. 09-005 granting a 12-month
extension to the Final Planned Development Site Plan known as Midway Road
Professional Plaza PNRD.
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Mr. Johnathan Ferguson, Ruden McCloskey Law Firm, representing the applicant
addressed the Board on this item. He advised the Board he concurred with staff’s
recommendation and advised the Board item 6B would include language stating they
would not be required to pay for the turning lane prior to February 2010.
Dr. Ken Palestrant addressed the Board and gave a history of the approval process
regarding his project.
The Growth Management Director stated the Land Development Code does not give
them the ability to extend the expiration date of the PNRD project.
It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve Resolution
No. 09-005, and; upon roll call, motion carried unanimously.
END OF PUBLIC HEARINGS
REGULAR AGENDA
PULLED PRIOR TO MEETING
VIII. COUNTY ATTORNEY
Resolution No. 09-082 – Amendment to the Investment Policy
IX. COUNTY ATTORNEY
Ag Lawsuits – Settlement Offer
Consider staff recommendation to authorize the Chair to sign a letter expressing the
Board’s willingness to agree with Parts 1 and 3 of the February 6 letter but not Part 2.
The County Attorney addressed the Board on this item and provided a history of the
issue.
It was moved by Com. Grande, (at this time the gavel was passed to the Vice Chairman )
seconded by Com. Lewis, to authorize the Chair to sign the letter expressing the Board’s
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willingness to agree with Parts 1 and 3 of the February 6 letter but not Part 2,
Com. Craft recommended a timeline to accomplish revision goals. He believes they need
to establish a date certain this way they would be more apt to get things done quickly.
Com. Grande stated he felt there were too many unrelated items to accomplish a time
line especially when they do not know what advice would be received.
Com. Craft stated he believes if they can give the stakeholders a goal as to when this
issue could be resolved it will help everyone. It is now open ended and he believes they
need to wait for the recommendations the County Administrator will be bringing to them
before making a decision.
Com. Coward stated he supports staff recommendation in agreeing with parts 1 and 3
but not part 2. However he is concern there has not been any public involvement and he
felt this is very important. He believes they should establish a general time frame.
There are critical issues to consider before making a decision.
Com. Lewis stated she believes they need to move on from here with more public input.
Com. Dzadovsky stated he would support an 18 month timeline with the opportunity for
an extension.
Com. Grande concurred with the County Administrator’s request. He recommended any
kind of date before the workshop would not make any sense. He believes the date can
be established after the workshop.
Com. Craft recommended staff work with the stakeholders to determine the timeline and
events to take place.
The County Administrator stated if the global time frame the Board wants to set is 18
months, she can take that goal and back into a time frame for the various components
with the understanding they would not be set in stone and if they need a degree of
flexibility they need to push that goal out based on the input from the stakeholders if
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they go into that process with that understanding they can possibly get both parties to
the point where they wish to be.
Com. Grande did not wish to amend his motion.
Upon roll call, the vote was as follows: Nay’s: Dzadovsky, Lewis, Craft, Coward, Aye’s:
Grande, motion denied by a vote of 4 to 1.
It was moved by Com. Dzadovsky, seconded by Com. Craft to approve staff
recommendation to authorize the Chairman to sign a letter expressing the Board’s
willingness to agree with Parts 1 and 3 of the February 6 letter but not Part 2 and to
include an 18 month time frame with the possibility of an extension, and; upon roll call,
the vote was as follows: Aye’s: Coward, Craft, Dzadovsky, Lewis; Nay’s: Grande, motion
carried by a vote of 4 to 1.
Mr. Johnathan Ferguson, representing the stakeholders addressed the Board and stated
the Ag community will be hearing the same old message and they will need to consider
their options. He addressed the year based amendments and that they are due far
sooner than 18 months.
X.GROWTH MANAGEMENT
Petition of Dennis Murphy, Culpepper & Terpening Inc., for a 12-Month Extension of The
Meridian of North Hutchinson Island Major Site Plan project for property located on the
northeast corner of the intersection of North A-1-A and Shorewinds Drive (File No.
BCC720081502).
Consider staff recommendation to adopt Resolution No. 09-021 granting the requested
12-month extension The Meridian of North Hutchinson Island Major Site Plan.
At this time the representative for the petitioner requested this item be
continued for the next two weeks they have one outstanding item they
need to conclude.
It was moved by Com. Grande, seconded by Com. Craft to continue this item on March
24, 2009 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call
motion carried unanimously.
XI. GROWTH MANAGEMENT
Reconsideration of this Board’s denial of the petition for a 12-month extension of the
Indrio Crossings – Phase II Major Site Plan project located at the southeast corner of
Turnpike Feeder Road and Miramar Avenue (File No. BCC 1120071277)
Consider staff recommendation to reconfirm the Board’s previous action to deny the
requested 12-month extension to the Indrio Crossings – Phase II Major Site Plan project,
through the adoption of Resolution No. 09-024.
Staff advised the Board they had not received any new information on this project.
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Mr. George Treager, 2 party applicant addressed the Board on this item and requested
the Board consider the residential portion of this project separately.
Mr. Johnathan Ferguson, attorney for Indrio Crossing Commercial portion of the project,
addressed the Board and requested the Board delay action the applicant would like to
continue to work out the issues.
Com. Grande stated this project is in transition as they speak. They do not have a
previously approved site plan. There is nothing in anyone’s interest to extend this plan.
When the applicant is ready to submit then they should.
Mr. Ferguson stated they had a plan and they were ready to bring forward and have
been reviewed but have not due to a technicality.
The Growth Management Director stated he does not see the agreement coming forth in
two weeks time.
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Mr. Treager stated he is the owner of 2/3 of the plan and he has spent a lot of money to
put this on paper. Staff had advised him they needed language to the site plan approval
to split his area and not tie together the residential and commercial.
Com. Lewis stated it was her understanding they could not split the plan because it was
submitted as one site plan.
Staff confirmed the fact they could not split the site plan.
Mr. Treager stated the residential end of the project was ready to start the infrastructure
and the residential area.
Staff advised the Board the facility agreement was in place for the entire phase 1 and
phase 2. The residential portion needs to be part of the easement agreement to share
the stormwater pond.
Com. Dzadovsky stated he did not wish to set a precedent, however if they could be
given two weeks and a shovel can be in the ground he may consider it, but he has not
heard they have a working agreement and if this is not going to happen he cannot
support it. He has not heard from the applicant that they are even close to an
agreement.
Com. Coward stated his sympathy has gone away at this stage although he would like to
see the egress and ingress in place but he cannot have an agreement lingering for years
because they cannot come to an agreement between themselves.
Mr. Treager stated he had paid the fees in order to have the language modified as
requested by the Growth Management Department.
Com. Coward reiterated the fact they cannot split the site plan because it was approved
together as a mixed use project.
It was moved by Com. Grande, seconded by Com. Coward, to approve staff
recommendation, and; upon roll call, the vote was as follows: Nay: Com. Lewis (she
would like to have seen a two week extension); Aye’s: Dzadovsky, Craft, Coward and
Grande, motion carried by a vote of 4 to 1.
COUNTY ATTORNEY
Staff addressed the Board regarding with a request to reconsider the Horseshoe Grove
item previously discussed by the Board and the Resolution denying the waiver of paving .
He believes the motion was incorrect and requested a motion for reconsideration of the
item. He advised the Board they would need to schedule another public hearing in order
to consider this action. He believes the proper resolution should have been to grant the
waiver and make them pay their fair share contribution.
The County Attorney advised the Board the motion should be to grant the waiver and
make them pay their fare share contribution.
It was moved by Com. Dzadovsky, seconded by Com. Coward to approve and schedule
the reconsideration of this item, and; upon roll call, motion carried unanimously.
BOARD COMMENTS
Com. Dzadovsky addressed the shootings that have taken place in Ft. Pierce. He asked
the Board’s support in providing additional funds if needed for the Sheriff to assist the
City of Ft. Pierce Police Department.
The Board stated they supported every effort to eliminate gang violence and believed
additional funding was not necessary due to the Sheriff’s budget allocation.
STAFF COMMENTS
The County Administrator requested date changes for the Strategic Planning Sessions
due to the fact they would have completed the budget submittals within the next weeks
and have not received the preliminary figures from the Property Appraisers office. She
requested the dates be pushed back until they have all the necessary and meaningful
information to present to the Board.
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It was the consensus of the Board to agree to push back the dates of the Strategic Plan
Sessions.
There being no further business to be brought before the Board, the meeting was
Adjourned.
_____________________________
Chairman
_____________________________
Clerk of the Circuit Court
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