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HomeMy WebLinkAboutBOCC Minutes 05-05-2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 5, 2009 Convened: 6:00 p.m. Adjourned: 10:47 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, Don West, Public Works Director, Debra Brisson, Parks and Rec. Director, Lauri Case, Utilities Director, Marie Gouin, OMB Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Mike Powley, County Engineer, Millie Delgado- Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 28, 2009 meeting. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A.Resolution No. 09-146 – Proclaiming May 9, 2009 through May 17, 2009 as “Tourism Week” in St. Lucie County Consider staff recommendation to adopt Resolution No. 09-146 as drafted. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 09-146, and; upon roll call, motion carried unanimously. B.Resolution No. 09-149 proclaiming the week of May 10, 2009 through May 16, 2009 as “Water Reuse Week” in St. Lucie County Consider staff recommendation to adopt Resolution No. 09-149 as drafted. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Resolution No. 09-149, and; upon roll call, motion carried unanimously. C. Resolution No. 09-158 proclaiming May 1, 2009 as “Law Day” in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 09-158 as drafted. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-158, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. Ed Beck, attorney for Ft. Pierce Jai Alai, presented the Board with the county’s portion of the funds generated for an 8 month period of card room operations as negotiated by the County and the public sector. Mr. John Arena, Ft. Pierce resident addressed the Board regarding 10 mile creek and asked The Board discourages condos being built on the strip of land protecting the creek. VI. CONSENT AGENDA 1 It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A.WARRANTS Approve warrant list No. 31 The Board approved Warrant List No.31. B.AIRPORT 1.Budget Resolution No. 09-145, Airfield Fence Obstruction Lights The Board approved Budget Resolution No. 09-145 establishing the fund for the airfield fence obstruction lights project totaling $150,000 with an 80% FDOT grant ($120,000) and the 20% local share ($30,000) and authorized the Chair to sign document as approved by the County Attorney. B. AIRPORT CONTINUED 2.Change Order No. 4 for the Second Phase of the New Runway and Taxiway The Board approved Change Order No. 4 for Dickerson Florida, Inc. to construct the second phase of the New Runway and Taxiway Project for $212,512.41 increasing the total project cost from $3,754,411.78 to $3,966,924.19 with no change in contract time and authorized the Chair to sign as approved by the County Attorney. C.PUBLIC WORKS Permission to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater The Board approved advertising an RFQ for engineering design of Indian River Estates Phase 2 Stormwater. D.PARKS AND RECREATION Transportation Services Agreement – School Board of St. Lucie County The Board approved the Bus Transportation Services Agreement with the St. Lucie County School Board and authorized the Chair to sign the agreement as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A.PUBLIC WORKS Fort Pierce South Mine Expansion Consider staff recommendation to approve the Fort Pierce Mine Expansion subject to the approved plans and General and Special Conditions. The County Engineer addressed the Board on this item and presented the changes to Addendum # 1. He advised the Board to date he has not received any complaints regarding this request. Com. Grande requested the addendum be changed to state the date of expiration would be May 5, 2019 as it stated in the County Engineer’s memo. 2 It was moved by Com. Grande, seconded by Com. Coward, to approve the expansion of the Ft. Pierce Mine to include the change on the addendum, and; upon roll call, motion carried unanimously. B.GROWTH MANAGEMENT Seahorse Beach Bungalows Conditional Use – Major Adjustment Consider staff recommendation to approve the major adjustment to an existing conditional use. Quasi Judicial- The Board acknowledged the following Com. Lewis has spoken with residents of North Beach. Com. Coward received information from the attorney as well as had contact with Mr. Mundt Com. Dzadovsky spoke with North Beach Assoc. President Com. Grande spoke with Mr. Mundt Com. Craft spoke with Mr. Mundt and Mr. Berg in the past The Growth Management Director addressed the Board on this item. Com. Grande asked if this building prior to re-build was a hotel motel or efficiency apartments. The Growth Management Director stated he believed it was used in both capacities, in the court documents it has it noted as an apartment/hotel. The Asst. County Attorney stated the property had been utilized as rentals some long term and short term. At the time it was purchased the units had been rented. They are current with the Tourist Development Taxes. Mr. Robert Tabor, 4201 N. A-1-A addressed the Board and stated he was glad to see the hotel at that location. He felt the new look was attractive and felt it was a plus for the island . He advised the Board there presently are two motels one on each corner of the block. Mr. Craig Mundt, North Beach Association President, addressed the Board and stated the Association was not part of the litigation. He advised the Board of the Board of Adjustment vote of two to one with only three members present and stated he did not see any handicap ramps at the location. He advised the Board of the number of respondents. There were 18 no’s and 5 yes’s. He believes had the Board had the opportunity to have a site plan, they then would have had the opportunity to discuss this issue with staff. He also addressed various issues regarding the property, permits and the prior building official’s response. Com. Coward commented on the non-conforming uses. He read the court order has very specific language to that issue. The Asst. County Attorney addressed Com. Coward question and the findings in the court document . Mr. Joel DeFabio 2503 No. Ocean Drive, addressed the Board this item and his findings in 2001 when he was looking to purchase property in the area. He believed they were not going to re-build The Seahorse due to its condition. He addressed the two auctions on the property. He believed The property was vacant before the prior owner purchased it. He expressed interest in purchasing the property and was told there would be no motels he could only mow it down and possibly get two houses out of it. Com. Coward addressed the court order which stated they support the Board of Adjustment recommendation that the current use is proper and conforming. This is a court order and not rubber stamping by the Board. He asked the Count y Attorney to weigh in on the court determination. The County Attorney stated staff’s position is that this was the court’s determination. Mr. DeFabio stated there was a decision made by a “rogue building official” and he sees an effort to substantiate this. He believes this should be sent back and reviewed by a building official with a comprehensive plan. It gives an appearance to the public that there are different rules for different folks. 3 Com. Lewis stated she needed to take into the account the court’s determination. Ms. Jenny Sherlock, Counsel for the association and the litigants addressed the Board on this item she presented staff with an additional opposition form she received. She believes there was not enough time to respond, many people are away. Most people have their mail forwarded and she believes 30 days would have been a fair response time. The Growth Management Director stated the letter were dated April 21, 2009, or two weeks ago. Com. Grande questioned if it would have made a difference had the residents had more time to learn what the staff has learned. The County Attorney stated if the objectors or the property owner feel that there was not enough time then they need to say this for the record at this hearing. He does not want there to be a procedural issue of a matter of time. If this is the case then the Board needs to consider this. Com. Coward stated due to the complexity of the case he is receptive to giving it more time, two weeks or so giving the public time to weigh in. Ms. Sherlock stated one of the problems is that there is not clear information on this issue. She is not sure what the correct amount of units is at this point, are there 14 or 12, she is not sure where the number 13 came in. Com. Dzadovsky asked the Growth Management Director if the building looked the same as it did prior. The Growth Management Director stated it did look the same. The Asst. County Attorney stated why they were bringing it back as a major adjustment and the definition of the term “bulk”. They are respecting the court order and bringing it back to the Board as a major adjustment. Com. Coward asked the attorney for the litigants, if they acknowledge that the 13 units determined by the court are proper and confirming what is it that they wish the Board to do. Ms. Sherlock stated her clients would like the property y owner to comply with the requirements of the law. She believes it must be to code, parking, ADA compliant and the use has to be in substantial conformity. The prior existing use was for apartments and this how it should be used, and a site plan should be available. She requested the entire record before the Board of Adjustment should be also included as part of the record (not submitted to the secretary). She read into the record a letter from Mr. Clancy, from the Property Appraiser’s office. (Letter was not submitted for the record). Ms. Sherlock stated she had provided two letters to the Board that was to be made part of the record. (Letters were not submitted to the secretary for the record). Mr. John Moldan, area resident, addressed the Board and stated he had lived in the area for 25 years. In the past the property had many problems including drugs, domestic violence and prostitution. He provided some history on the auctions held and stated he did not want a 13 unit motel in the middle of a residential area. Com. Coward stated he believes the Board does not have the ability to do what they are asking which is to bring this property to residential homes. The County Attorney stated the Board does not have the ability to overturn the courts decision, Mr. Brian Combs, Atlantic Beach Blvd., resident addressed the Board and stated the site had been abandoned. He believed had they should have come before the Board before re-building and he believes had they done so, the Board may not have approved their request. Mr. Jeff Mitchell, Cameron Drive resident, addressed the Board regarding the permitting of the structure, he believes they should have come before the Board with a site plan. He stated the permits were issued due to continuous complaints. 4 The Asst. County Attorney alluded to code 110705 (e)(2)(b) 1 of the Land Development Code. Com. Grande stated as he understands it there is an accepted conditional use because the court has stated as such and that is not in question. The court decided it should have and must go before the Board to review as a major adjustment. The question is what does the Board do when they review a major adjustment under a conditional use. He stated maybe they need more time to look at this and would like to have that information. Mr. Jeff Garland, Cameron Drive resident, addressed the Board regarding the notification of this item and recommended this issue be continued so that others can return the questionnaires. He advised the Board he had been informed by the building official that was a hurricane re-built and he believed it was not. He believes it was a major re-build and it should have come before the Board of County Commissioners. He stated the building was at the end of its economic life. Com. Coward questioned the re-roofing of the structure. The Code Compliance Manager advised the Board there were permits issued in 2004 due to hurricane damage and again in May of 2005. Mr. Mundt advised the Board the court order came out in December. He recommended this item be continued in order to give everyone more time to review the information. Com. Coward recommended sending out a copy of the court order to those concerned residents so that they can clearly understand the court order and the case. Mr. Glen Boundy, area resident, addressed the Board and stated there was very little hurricane damage and they were told by the County they were required to put a pitched roof not a flat roof. He stated he felt the building looked 100% better than before and it has added to the neighborhood. He is only asking that it meet the current code regarding parking and septic. Mr. Paul Berg, area resident, addressed the Board and stated the applicant was told to change the roof and the trusses due to the fact the walls could not support a new roof structure due to termite and wood rot. Mr. Tim Wolf, applicant and owner of Seahorse addressed the Board and stated he has owned the property for 6 years and his intent was to improve the property. He advised the Board of the continued harassment by the residents in calling code enforcement for what they felt were violations. The County Attorney recommended continuing this hearing for 2 weeks to allow additional preparation time. Mrs. Leslie Wolf, owner of Seahorse addressed the Board and stated when they bought the property there were tenants living on the property and she had copies of the leases. She advised the Board they did not increase the size of the property or the number of units. The current amount of units is 13, they infact reduced the size the building. It was moved by Com. Craft, seconded by Com. Grande, to continue this item on May 19, 2009 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. C.GROWTH MANAGEMENT Ordinance No. 09-013 amending the St. Lucie County Land Development Code (LDC) to correct inconsistencies, minor errors and omissions in the existing version of the Code. Consider staff recommendation to approve Ordinance No. 09-013. The Growth Management Director advised the Board of the changes. Mr. Craig Mundt addressed the Board and advised them the charts and graphics were not readable. The Growth Management Director stated they were working on this problem. 5 No action required, this is the first of two public hearings, the second public hearing will be On May 19, 2009 at 6:00 p.m. or as soon thereafter as it may be heard. D.GROWTH MANAGEMENT Ordinance No. 09-012 accepting the draft St. Lucie County Land Development Code (LDC) received from Municipal Code Corporation (Municode) as the official land Development Code of St. Lucie County. Consider staff recommendation to approve Ordinance No. 09-012. No action required, this is the first of two public hearings, the second public hearing will be On May 19, 2009 at 6:00 p.m. or as soon thereafter as it may be heard. E.COUNTY ATTORNEY Petition for Abandonment – Public Hearing - Petition to abandon a portion of North 43 rd Street right-of-way – Resolution No. 09-147. Consider staff recommendation to approve Resolution No. 09-147 denying the abandonment of a portion of North 43 Street authorize the Chair to execute the rd Resolution and record the Resolution in the Public Records of St. Lucie County. Ms. Christine Chang representing the petitioner addressed the Board requesting the The Acquisitions Manager advised the Board they were requesting denial of this petition and advised the Board there was a site plan approved (Millcreek) that required the connection. It was moved by Com. Craft, seconded by Com. Grande, to approve Resolution No. 09- 147 denying the abandonment, and; upon roll call, motion carried unanimously. F.COUNTY ATTORNEY Walton Road Improvement Project – St. Lucie County Economic Stimulus Project Consider staff recommendation to adopt Resolution No. 09-151. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve Resolution No. 09-151, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. COUNTY ATTORNEY Resolution No. 09-144 – Authorization to Issue Bonds for North Lennard Road MSBU Improvements Consider staff recommendation to adopt Resolution No. 09-144 as drafted and authorize the Chair to sign the Resolution. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 09-144, and Authorized the Chairman to sign the Resolution, and; upon roll call, the vote was as follows: Nay: Com. Grande (stated he would not facilitate other sections of this road he does not agree with) Aye’s: Coward, Dzadovsky, Craft, Lewis; motion carried by a vote to 4 to 1. IX. COUNTY ATTORNEY Voluntary Mining Extraction Fee Agreement – Florida Resources, LLC (Fort Pierce South Mine) 6 Consider staff recommendation to approve the Agreement and authorize the Chair to sign the Agreement. It was moved by Com. Coward, seconded by Com. Dzadovsky, 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 the Circuit Court 7