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Home My WebLink AboutBOCC Minutes 02-16-2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 16, 2010 Convened: 6:00 p.m. Adjourned: 8:15 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Chris Dzadovsky, Paula A. Lewis, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Case, Utilities 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 February 9, 2010 meeting. It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held February 9, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-050 – “Future Farmers of America (FFA) Week” Consider staff recommendation to approve to adopt Resolution No. 10-050 as drafted. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 10-050, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. John Arena, Ft. Pierce resident, addressed the Board regarding how solid waste is being disposed of in The state of California. He advised the Board their method is to separate food scraps and use it in compost. He also addressed the Board regarding the cold weather and it’s affects on the manatees. Mr. Rick Norwood, Almita Avenue resident, addressed the Board regarding the Boy Scouts of America and provided history on the organization and the programs provided. He also introduced the newest Eagle Scout in St. Lucie County, Daniel Norwood. The Criminal Justice Coordinator for St. Lucie County addressed the Board regarding Consent item 6-B-3. He advised the Board of the negative impact Senate Bill No. 782 and House Bill 445 would have on our jail population, the pre-trial program which has kept our jail population down and the affect on public safety. The Honorable Judge Barnes addressed the Board in opposition to both bills that are being proposed. He advised the Board of his experiences as Judge and the impacts these bills would have on our Judicial System. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the Consent Agenda with the addition, and; upon roll call, motion carried unanimously. A. WARRANTS 1 Approve warrant list No. 20 The Board approved Warrant List No. 20. B. COUNTY ATTORNEY 1. Release of the Letter of Credit for Harbour Isle Development The Board approved releasing the letter of credit guaranteeing improvements from the Harbor Isle Development and accept payment in lieu of Harbour Isle completing the improvements. 2. Interlocal Agreement with the Health Department for Central Services The Board approved the Interlocal Agreement with the Health Department. 3. Resolution No. 10-068 requesting to have the Board resolve and urge the Florida Legislature to oppose Senate Bill No. 782 and House Bill 445 The Board approved the Resolution opposing Senate Bill No. 782 and House Bill 445 C. GROWTH MANAGEMENT Comprehensive Plan Evaluation and Appraisal Report Based Amendments The Board approved advertising the workshops and public hearings. D. ADMINISTRATION Environmental Advisory Committee The Board ratified Commissioner Lewis’s requested appointment of Eric G. Haenni to the Environmental Advisory Committee. E. SHERIFF’S OFFICE Authorization to submit an electronic application for the U.S. Department of Homeland Security 2010 Port Security Grant. The Board authorized the submittal of the electronic application for the U.S. Department of Homeland Security 2010 Port Security Grant. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Ordinance No. 10-006 (FKA 09-031), small-scale Future Land Use Map Amendment for Sands End Development, LLC (File No.: FLUMA 420093979). Consider staff recommendation to approve denial of the proposed small-scale Future Land Use Map Amendment for Sands End Development, LLC as outlined in the attached memorandum. Staff addressed the Board on this item and advised them that although it is consistent with the Comprehensive Plan it may be inconsistent with policy 1.2.2.1. / Staff advised the Board why they recommended denial of this request and stated they felt there is no need for additional residential land in the area and the change would exacerbate the overall allocation of residential. It would also eliminate the last significant vacant commercial land needed to supply demands by future residents. Mr. Dennis Murphy, Culpepper and Terpening representing the applicant, addressed the Board and stated at this time there is sufficient commercial establishments to handle the residents needs. He believes there is no need for more commercial in the area. Ms. Pat Pacitti, Property Manager for the Regency Island Dunes, addressed the Board and stated 2 support for the change from commercial to residential. She advised the Board the President’s Council of Hutchinson Island also was in support of the change. Mr. Max W. Holter, Hutchinson Island resident and a retired Ohio developer, addressed the Board in favor of the change. He stated this was a cobra controlled site and it was not practical from a developer’s prospective to place retail on the site. He believes there will not be a need for any more retail until there are more roof tops in the area. Com. Coward advised the applicant that they will be looking at the beach access when this comes before the Board with a site plan. It was moved by Com. Craft, seconded by Com. Lewis, to approve Ordinance No. 10-006, and; upon roll call, motion carried unanimously. B. GROWTH MANAGEMENT Resolution No. 10-006 (FKA 09-219), petition to amend the Official Zoning Atlas for Sands End Development, LLC (File No.: RZ 620093986). Consider staff recommendation to approve denial of the petition to amend the Official Zoning for Sands End Development, LLC as outlined in the attached memorandum. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 10-006, and; upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT Proportionate Fair Share and Road Impact Fee Credit Agreement – BPSC Industries Consider staff recommendation to approve of Proportionate Fair Share and Road Impact Fee Credit Agreement for BPSC Industries. It was moved by Com. Coward, seconded by Com. Dzadovsky to approve staff recommendation, and; upon roll call, motion carried unanimously. D. COUNTY ATTORNEY Ordinance No. 10-012 – Pretreatment of Wastewater Consider staff recommendation to approve to continue the public hearing on Ordinance No. 10-012 until April 20, 2010 at 6:00 p.m. or as soon thereafter as the item may be heard. It was moved by Com. Craft, seconded by Com. Dzadovsky to continue the public hearing on April 20, 2010 at 6:00 p.m. or as soon thereafter as the item may be heard, and; upon roll call, motion carried unanimously. E. GROWTH MANAGEMENT Resolution No. 10-005 – Petition of Ranjana Patel for a Conditional Use Permit Consider staff recommendation to approve to adopt Resolution No. 10-005 granting a Conditional Use Permit to allow a free standing drinking place (alcoholic beverages) at 8589 South US Highway 1 File #CU 420093969, subject to limiting conditions as outlined in the attached memorandum. Quasi Judicial The Board acknowledged meeting with the applicant. Com. Coward stated he was very pleased to see the applicant investing in the establishment and believed the sound levels should be adjusted with code compliance levels in addition to the sound proofing of the building. Mr. Norman Greer, La Buena Vista resident, addressed the Board and stated he could hear the music coming from the establishment and believes it should be adjusted to a lower level. 3 Ms. Dorothy Greer, La Buena Vista resident stated she has had to use ear plugs in order to get a good night’s sleep. The music plays until 2:00 a.m. and she can hear the bass and the windows rattle. She advised the Board just this past Friday she had a problem with the music. Ms. Patel, Tropical Martini owner stated the music must have come from a different establishment since they did not have any music playing this past Friday. Com. Grande recommended having code compliance go out and visit the establishment during the weekend to see if there is another establishment playing loud music in the area. It was moved by Com. Lewis, seconded by Com. Dzadovsky to approve staff recommendation to include the conditions as outlined in the memorandum, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS VIII. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, February 23, 2010 at 1:30 p.m. in Conference Room #3. 2. The 45th Annual St. Lucie County Fair will take place February 26, 2010 - March 7, 2010 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.com. 3. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Tuesday, March 2, 2010 vs. the Atlanta Braves at 1:10 p.m. Home games run through April 1, 2010 with games vs. the Florida Marlins, Boston Red Sox, St. Louis Cardinals, Houston Astros, Washington Nationals, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com. 4. St. Lucie County will conduct the a second Educational Forum for the Western Lands Study on Saturday, March 6, 2010 from 9 am to 12:30 pm at the Havert L. Fenn Center, 2000 Virginia Ave., Fort Pierce. For more information please contact Kara Wood at 772-462-2822 or woodk@stlucieco.org. 5. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, March 23, 2010 at 1:30 p.m. in Conference Room #3. There being no further business to be brought before the Board, the meeting was adjourned. ______________________ Chairman _____________________ Clerk of the Circuit Court 4