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HomeMy WebLinkAboutBOCC Minutes 06-15-2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 15, 2010 Convened: 6:00 p.m. Adjourned: 10:30 p.m. Commissioners Present: Charles Grande, Chairman, Doug Coward, Chris Craft, Chris Dzadovsky, Paula A. Lewis Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Mark Satterlee, Planning and Development Director, Debra Brisson, Parks and Rec. Director, Beth Ryder, Community Services Director, Don West, Public Works Director, Mike Powley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 8, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held June 8, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for June 8, 2010. V. GENERAL PUBLIC COMMENT Mr. Lee Baron, representing Acadiana Destination Services, addressed the Board regarding the transporting of St. Lucie County residents to the various international airports in the state by competitors. He advised the Board of various penalties he has paid due to the fact various counties do not accept the St. Lucie County l Licenses and the other county service providers pick up St. Lucie County residents without being penalized. He requested the Board enforce the existing ordinance. Com. Coward advised Mr. Baron that he believes this is a statewide issue that needs to be resolved by the Legislature. He recommended the Board draft a letter to the Governor and the Legislature requesting they assist Mr. Baron. The Board concurred. Mr. John Arena, area resident, addressed the Board regarding a cold weather refuge for manatees. Mr. Harold Smyth, area resident, addressed the Board and requested their assistance in providing a category in IL zoning for a cat and dog shelter. The parcel location is 3802 Oleander and is surrounded by various light industrial businesses. He believes this is a proper place for such a shelter. The Animal Aid Organization is a non-profit organization that would keep the cost down of abandoned animal care in St. Lucie County. It was the consensus of the Board to direct staff to move forward with the process to incorporate the Language necessary in the IL zoning as soon as possible. Mr. Smyth also introduced the team of 7 youths who participated in basketball tournaments and won many awards and titles. He asked the Board to help in supporting and finding sponsors for this team to continue their path of success. Com. Dzadovsky requested Mr. Smyth or Coach Anthony schedule an appointment with his office to discuss and provide him with various organizations within St. Lucie County that may assist this team with their efforts. 1 VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 37 The Board approved Warrant List No. 37. B. COUNTY ATTORNEY 1. Notice of Assignment of Lease/Purchase Agreement for Water Conservation Equipment for Rock Road Correctional Facility from Citimortgage, Inc. to TD Equipment Finance, Inc. The Board approved the Notice of Assignment and authorized the Chairman to sign the Notice. 2.Donation of Right-of-Way – White City Developers, LLC – Anita Oleander Subdivision – Warranty Deed for 38.35 feet on Oleander Avenue and Quit Claim Deed for the West 7.42 feet and the South 6.12 feet on Oleander Avenue – Resolution No. 10-170 The Board accepted the Warranty Deed and Quit Claim Deed authorized the Chairman to sign Resolution No. 10-170 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 3.Revocable License Agreement – Holiday Pines Property Owners Association, Inc. – Entrance Signs The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Holiday Pines Property Owners Association, Inc. to record the document in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 4. Solar and Energy Loan Fund of St. Lucie County The Board appointed Commissioner Dzadovsky to serve as the Board’s representative on the board of directors of the Solar and Energy Loan Fund of St. Lucie County, Inc. through the Board’s November 2010 reorganization meeting C. PUBLIC WORKS Administration: Lakewood Park – Indian River Estates FEMA Grant The Board approved the Sixth Amendment to Work Authorization No. 16 for additional work with Hazen & Sawyer in the amount of $5,354.48, and authorized the Chairman to sign contract documents as approved by the County Attorney. D. TREASURE COAST RESEACH PARK Monument Sign at the Treasure Coast Research Park The Board authorized staff to accept Don Bell Signs’ quote of $49,110.88 and sign the contract as prepared by the Purchasing Department with the County Attorney’s approval. USDA and the University of Florida will reimburse Capital Account Number 316-3716563000-093610 in the amount of $16,370 each. E. GRANTS/DISASTER RECOVERY DEPARTMENT Federal Transit Administration (FTA) State of Good Repair Initiative – Grant Application 2 The Board authorized the submittal of the grant application to the Federal Transit Administration (FTA) for funding not to exceed $4,550,000 for replacement of 14 Community Transit buses. F. HOUSING & COMMUNITY SERVICES Community Services Division: Community Services Block Grant (CSBG) Modification The Board approved the agreement modification for the Community Services Block Grant and Budget Resolution 10-187, and authorized the Chairman to sign all necessary documents. G. SHERIFF’S OFFICE Authorization to retroactively submit and accept the 2009 Paul Coverdell Forensic Science Grant The Board approved Budget Resolution Number 10-188 and authorized the retroactive submission and acceptance of the 2009 Paul Coverdell Forensic Science Grant (2009-CD-BX-0094) in the amount of $89,380.00. H. CENTRAL SERVICES 1. Fire Sprinkler/alarm system for the St. Lucie County Logistics Center The Board approved the contract with Life Safety Systems in the amount of $48,200 for the installation of a fire sprinkler/alarm system at the St. Lucie County Logistics Center, and authorized the Chairman to sign documents as approved by the County Attorney. 2. Donation of US Military general purpose relief tents. The Board approved the removal of eight US Military tents from the land and building inventory list and approved donating them to Missionary Flights International (six tents) and the St. Lucie County Sheriff’s Office (two tents). I. PLANNING & DEVELOPMENT SERVICES Airport Division: 2010 Storm Water Pollution Prevention Plan (SWPPP) Update. The Board approved LPA Group Inc. Work Authorization No. 30 for consultant services for the 2010 Storm Water Pollution Prevention Plan (SWPPP) Update at the St. Lucie County International Airport, for a lump sum amount of $54,953, and authorized the Chairman to sign documents as approved by the County Attorney. J. PARKS AND RECREATION SERVICES First Amendment to Interlocal Agreement with School Board of St. Lucie County for Lawnwood and South County Regional Stadiums The Board approved the First Amendment to the Interlocal Agreement with the School Board of St. Lucie County for Operation of Lawnwood Stadium and South County Regional Stadium and Budget Amendment 10-024 to provide $7,458 to assist the School Board with the purchase of two (2) mobile ticket booths as drafted and approved by the County Attorney and outlined in the agenda memorandum. VII. PUBLIC HEARINGS A.COUNTY ATTORNEY Ordinance No. 10-011 – Abandoned Real Property Registration System Consider staff recommendation to adopt Ordinance No. 10-011 and authorize the Chairman to sign the Ordinance. The Assistant County Attorney advised the Board of an addition to Section 1-9-19.5 where it would indicate the option of utilizing plywood to protect the homes when there is a storm approaching. It was moved by Com. Craft, seconded by Com. Dzadovsky to approve Ordinance No. 10-011 as amended, and; upon roll call, motion carried unanimously. 3 B.PLANNING & DEVELOPMENT SERVICES Planning Division: Development Agreement – Airport Road Development, LLC Consider staff recommendation to adopt DVA 10-001, approving the Development Agreement between Airport Road Development, LLC and the St. Lucie County Board of County Commissioners. Mr. Steph Mathis, Culpepper and Terpening was present to address any questions the Board may have. It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. C.PLANNING & DEVELOPMENT SERVICES Planning Division: Village of Sunset Lakes – Amendment to the Official Zoning Atlas and Preliminary Planned Town or Village (PTV) site plan approval. Consider staff recommendation to adopt Resolution No. 10-028, granting approval of an Amendment to the Official Zoning Atlas and the Preliminary Planned Town or Village (PTV) site plan, with limiting conditions, for the project known as Village of Sunset Lakes as outlined in the attached memorandum, and authorization for the Chairman to sign the resolution as approved by the County Attorney. The TVC Planning Manager addressed the Board and provided an update on the conditions as requested from the prior public hearing. Com. Dzadovsky addressed the storm water scenario and had asked the applicant if they would increase capacity of the storm water on property. The Planning Manager stated the engineering for the storm water management does not occur at the preliminary plan stage however, if the Board wishes increased capacity this is something that can be addressed with the petitioner. Mr. Ramon Trias, representing the applicant, addressed the Board and stated he believed the project was better today than it was a few months ago thanks to the Board and public comments. He reviewed the changes made and addressed the design of the buffer as a conceptual landscape plan. He addressed the three homes in the vicinity of the project and the front view. He pointed out the trail added per Com. Coward’s request and also recommended the native landscape buffer. Mr. Trias addressed the enhanced business area and stated the area was made into 2- 5,000 sq. ft. workplace office areas on either side of the 2,000 sq. ft. retail area at the village center, and 5 live/work units. The Planning Manager stated the issue with the 10,000 sq. ft. was that it was not advertised. The 2,000 sq. ft. retail was advertised. She since this was an advertising issue, she believes they can approve the preliminary tonight and then come back for an adjustment, however she believes there is a time line issue for the petitioner. The petitioner was given the choice of advertising or eliminating the 10,000 sq. ft. Com. Grande stated if this was not TVC project it would come back to the Board for final approval, it does not come back to the Board it goes to staff, however if there was concurrence by the Board in favor of the 10,000 sq. ft. and they would like to see it in the plan at final approval even if not included tonight is the direction sufficient to handle this level of change made between this approval and final approval. Com. Coward expressed his concern with the possible delay the issue of the 10,000 sq. ft. may cause. He requested staff direction as to how this problem could be solved without delaying it once again. The Planning and Development Director advised the Board the suggestion Com. Grande had made was the correct one and would be the way to proceed. 4 Com. Craft requested clarification from legal staff. The Asst. County Attorney stated she would like to look at the 10,000 sq. ft. and discuss the mixed use issue and see how it plays into the 10,000 sq ft. with the planning manage. If they need to adjust before the final they will bring it back to the Board. Mr. Justin Teddar, adjacent resident, addressed the Board with his concerns and stated he would like to see a wall barrier so that he does not have to be concerned with any liabilities regarding residents from the development coming onto his property where he has cattle and horses. Com. Coward stated the provisions within the TVC did not include a fence or wall. He is the one who called for the buffer. He is concerned with a providing property rights for both sides. He is not in favor of a wall. Com. Grande questioned what was the requirement today. Staff advised the Board they did not apply landscape standard to this application because their interpretation was that it was accepted. In further review they felt it was in fact appropriate to apply 70904 (e) because this is a buffer outside the zoning district. Mr. Teddar stated an 8ft. wall is different than a buffer and would prefer the wall. Com. Dzadovsky recommended having a water feature where it may avoid other people coming on to the property. Mr. Trias indicated on the plan where he would recommend a wall be placed and stated he would be happy to work with the area property owners and follow urban design standards for the project. Com. Craft stated he would like to have more discussion on this particular area and would like to hear other ideas from Mr. Trias. He would like to have this done correctly. Mr. Trias stated they have proposed specific plan, there is a landscape plan and a buffer that addresses the issues well. He stated an 8 ft. wall all around the perimeter is not his preference and is not consistent with the TVC and a terrible idea from the point of design. The Board has the ability to request whatever they choose, and he will follow whatever they request. Com. Coward stated he agreed with Com. Dzadovsky’s idea of a water feature. Mr. Trias stated this made sense to him and he would be happy to work with it. Mr. Neil Plant, St. Lucie County resident addressed the Board regarding the water elevation in St. Lucie County and this may be an issue when they start digging for a retention area. He thanked Mr. Trias for addressing the water quality issues. Mr. Victor Watt, area resident, addressed the Board and stated he felt the project would not have the ability to contain the water on the property as he designates. He believed the property owners should have the ability to vote on the re-zoning. He believes this project is not necessary in the area. Com. Coward addressed Mr. Watt’s comments and stated the TVC plan is the one plan that had many public meetings and involved the public’s participation. He stated the community helped design the plan through a Charrette process. Ms. Katherine McCratherin, area resident, addressed the Board and questioned where the school bus stops would be placed and where the children would be picked up. She asked how many lift stations would be provided and will there be generators when the power goes down. She also addressed the improvement of the bridge and the road before the project is started and inquired about the turning lanes. She stated this was not what she envisioned the TVC to be. Ms. Liberta Scotto, Meadowood Drive resident addressed the Board in opposition to any more development in the area until the roads are adequate to handle the traffic. She believes the signal will not alleviate the traffic problems and felt they needed turning lanes. Com. Coward stated the entire road projects should not be paid solely by the developer, if the existing residents would like their area of the road paved, they need to participate in the cost through an MSBU. 5 Com. Dzadovsky stated he had inquired if Meadowood had provided any contribution towards any of the road construction in the area and was informed they had not. Ms. Paula Jalupa, resident of St. Lucie County addressed the Board and stated her opposition to the project and felt it was inconsistent with the existing land uses and would adversely affect the homes in the area. Mr. Darrell Crum, 2280 Johnston Road addressed the Board and inquired why his property was not visited. He lives across the street from the proposed project. He addressed the number of units and the fact he would be looking at four story units from his property. Mr. Trias addressed the buffer illustrated on the diagram in front of Mr. Crum’s home and stated he has attempted to design something that uses the land in the best way possible. He believes his design addresses the flow way and the neighbors also. Com. Coward asked if this project met all standards of review and is fully consistent all aspects of the Comp Plan and the Land Development Code and this includes the engineering, transportation and the traffic concurrency is met. The Planning Manager stated the project did. Mr. Trias stated they had revised the traffic study at the request of the Board which included Johnston and Indrio Road. Com. Coward reiterated that the community was totally involved in planning this community. Com. Dzadovsky questioned the location of the school bus stops. Com. Craft stated the School Board has now centralized bus stops. Mr. Trias advised the Board the school bus stops would be located near the civic building area where there would be a shelter for children also. Com. Dzadovsky questioned the utility being provided. The Planning Manager advised the Board services would be provided by FPUA and they would not be having septic tanks in the area. Com. Lewis stated she previously did not support the TVC plan in its entirety however once the Board approves a project such as this, she is compelled to agree with what it would take to move the project forward to make it the best plan possible. Com. Lewis stated she believes the area residents did not wish to buy into new urbanism and they should not be made to do so. She felt the applicant has worked with staff and the Board in providing the requests from the last meeting. Ms. Jalupa addressed the canal that holds the water and she asked if there would be safeguards that would prevent her property from being flooded. He did not give her what she felt was a good enough response. Com. Coward stated they will be required through permitting to retain a certain amount of water on site. They will not be able to stop the property from being flooded but will do what they are required to do to not add any problems. This development will be held at a higher standard than the now existing properties when it comes to water retention. Mr. Trias stated there are many steps they will need to go through and are not at the permit level for the flow way. There is a drainage engineer who has prepared a conceptual plan which is what is required at this time. It is not fully designed because they are not at that point as yet. The existing drainage for the agricultural existing canals is monitored every year. Com. Grande addressed the mixed use of the property and stated they needed to look at the surrounding property. He met with the representative of the property owner to the west just after I- 95 and also reviewed the plan of the area to the north which seems to be all residential, to the east of the property he believes there were many owners present this evening that live across Johnston, unresidential property. In this region there is a better mix than what exist in this property itself. What he still sees here is a project that is proposed to be and he is not sure, a village or a neighborhood he is not sure, is a coordinated design that is overly residential in composition and does not really lend itself to capturing trips or keeping traffic within the confines of this particular 6 design. He is having a difficult time with this first TVC plan. He is not sure the rules they wound up with for the TVC which gave a design as result of negotiations with property owners, it does not see, to be providing them with what the overall goal is. He is not sure this is what the people where thinking about when they talked about mixed uses, short trips and design this piece seems to be too small for a complete town. He does not believe it gets to where they were looking to go. The Planning Manager stated one of the fundamentals of the starting of the TVC was the pre- existing land use plan and making sure those rights were preserved. She advised Com. Grande they are not against the 10,000 sq. ft. issue it is a matter of legal notice. Com. Grande stated the idea that the future land use is an inherit right is incorrect, the 9 units was something they could ask for, but not entitled to get. They could ask for a zoning change up to the limit of the land use, not entitled to get it, they need to demonstrate that it is merited. Com. Coward stated this applicant has done so by meeting by all of our codes. There is a false perception of what this should be. It is unrealistic to have a small development come in and solve all the issues, it will assist them. He asked to be shown where this project is not meeting the codes. Com. Dzadovsky addressed the LED certification discussed at the last public hearing. Mr. Trias stated he would prefer it be placed in the conditions; however he cannot guarantee that it would be certified. Com. Craft addressed the length of time it would take for build out and what they have been able to apply for the last 100 years of building in St. Lucie County. This is a working document and there may be some things that will need to be changed. He stated he felt confident that what is being presented meets their code. He wishes to protect the residents and make sure the necessary buffers are provided and he will be supporting this item today. Com. Lewis stated the last thing she would like to see is commercial or office space empty because there are not enough roof tops to support it. She believes this particular development has what would be sustainable in the area. She supports the convenient center, she would like to have it at 2,000 sq. ft which is what the original amount was due to having the fear there may be some empty space. Com. Dzadovsky stated he would be looking over staff’s shoulders to make sure there is water quality and making sure the promises that have been laid out are full filled. Com. Lewis requested staff re-state the conditions. Com. Coward stated there are many implications to this and he agrees with Com. Lewis that it would be better to go back to the original amount of 2,000 sq. ft. There were 3 issues; first they had an expert who designated the amount of square footage for the project, second the advertising legal issue of the 10,000 sq. ft. and third, another development who has commercial land is suing to get more and they are trying to stay consistent. He concurs with Com. Lewis’ comments and he felt it makes sense to go back to the original number. Mr. Trias stated the distinction was that the 2,000 sq. ft. of retail is different than work place. He recommended live/work units in the 10,000 sq. ft. . . . He believes this would be a better solution. Com. Coward asked if there were any staff concerns that any impacts were not being covered. Staff advised the Board they did not have any concerns. Com. Grande requested clarification on the Board’s position of the wall. Com. Dzadovsky addressed the wall and the landscaping at Harbor Isle. Mr. Trias stated he would like to have a process that is not open ended and would like to meet with the three area residents at a designated when, where time to meet so he could get it done. The Planning and Development Director proposed language. Com. Coward stated he knows the neighbors wanted the wall, but would like for them to see all the alternatives before making that decision. Com. Grande concurred and stated they should review all alternatives. 7 Mr. Trias stated he proposed staff set up the meeting in the county facility and he will attend and present and work on all the alternative designs and if they do not reach any agreement, the default condition would be the wall. The Board concurred. Com. Coward addressed the LED with renewable energy. He asked the applicant look to provide the renewable energy effort as much as possible. Com. Dzadovsky stated this is why he is trying to address sustainability. Mr. Trias once again advised the Board he would follow the guide lines, however he cannot promise they would be certified. Com. Grande stated he did not have the Land Development Code so that he could specify all the reasons that should be cited if you are not going to vote in favor of an issue for example consistency. The conditions are as follows: 1.Adding the LED into the guidelines (condition 22) 2.Requirement for continued public involvement in overall process 3.Removal of 10,000 sq ft. –substitute with live/work units 4.Work with all property owners with regard to the buffer area meeting their approval (outparcel) Com. Grande stated he would not support this item due to the fact he felt it is not at the level they should be at this time. It was moved by Com. Dzadovsky, seconded by Com. Craft to adopt Resolution No. 10-028 with the added conditions as well as those contained in the staff report, and; upon roll call, the vote was as follows: Nay: Grande; Aye’s: Lewis, Craft, Coward, Dzadovsky, motion carried by a vote of 4 to 1. D.COUNTY ATTORNEY Ordinance No. 10-021 – Pain Management Clinics Consider staff recommendation to approve Ordinance No. 10-021. Mr. Carl DeWitt, area resident addressed the Board in support of the ordinance and stated this was becoming more a white collar problem in our County. Ms. Sarah Collins, area resident addressed the Board in support of the ordinance and advised The Board of the many people who come to the hospital where she is employed to obtain the pain medication due to their addiction as well as detoxification from prescribed pain killers. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Ordinance No. 10-021, and; upon roll call, motion carried unanimously. E. COUNTY ATTORNEY 2110 St. Lucie Blvd., Fort Pierce, FL – Unsightly and unsanitary conditions causing serious threat to public safety. Consider staff recommendation to order the property owner to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 8 F. COUNTY ATTORNEY Ordinance No. 10-025 - St. Lucie County Sustainability District Consider staff recommendation to adopt Ordinance No. 10-025 and authorize the Chairman to sign the Ordinance. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Ordinance No. 10-025, 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